Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Sixteenth Congress

First Regular Session

HOUSE BILLNO._386)

Introduced by Representative ELEANDRO JESUS F. MADRONA

EXPLANATORY NOTE

Mt. Guiting-Guiting, with an elevation of 2,058 meter

dominates the landscape of
Sibuyan Island in Romblon, ‘The mountain is both sustainer of life and mythic symbol to the
people of Sibuyan and straddles three municipalities: Magdiwang, Cajidiocan and San Fernando.

Sibuyan Island has a total area of 47,745 hectares with a population of approximately
50,000. As sustainer of life, Mt. Guiting-Guiting and its surrounding forest areas support an
exceptionally high diversity of endemic species of flora and fauna, found nowhere else in the
World, These include four (4) species of rodents and one (1) species of bat that was discovered
only in the mid-1990s. It is also home to many species threatened throughout the country,
including the endangered Philippine tube-nosed fruit bat, previously known to originate only

from Negros.

About half of the island is covered with mangrove, lowland and mossy forests. Sibuyan’s

lowland forest is considered to be one of the last stands of lowland forest in the Philippines. It is
also known to be the densest forest in the country in terms of species diversity, being the habitat

of up to 54 endemic plant species.

The importance of Mt. Guiting-Guiting Natural Park’s unique biological resources and its

aesthetic and ecological value is reason enough for the State to ensure the protection and

In fact, the three

preservation of this park, its communities, their culture and way of li
municipalities of Sibuyan Island have come together to undertake joint development efforts
under the concept of MAGCAISA, and have, as a result, also united to protect Mt. Guiting-

Guiting.

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

<2-—

HON. ELEANDRO JESUS F. MADRONA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS,

First Regular Session

House Bill No, 3862

Introduced by HON. ELEANDRO JESUS F. MADRONA

AN ACT
‘TO ESTABLISH MT. GUITING-GUITING NATURAL PARK LOCATED IN SIBUYAN
ISLAND, PROVINCE OF ROMBLON AS A NATURAL PARK AND ITS SURROUNDING
AREAS AS BUFFER ZONES AND FOR OTHER PURPOSES, PURSUANT TO REPUBLIC ACT.
NO. 7586

Sec. 1. Title - This act shall be known as the “Mt. Gi

iting-Guiting Natural Park Act of

Sec. 2. Declaration of Policy ~ Mt. Guiting-Guiting has one of the highest biodiversity in the country as
it is home to a number of fascinating endemic flora and fauna species as well. It behooves the State to
undertake steps for its protection and preservation. It is therefore declared the policy of the state to ensure
the protection and preservation of Mt. Guiting-Guiting, the communities therein, in harmonious existence
with nature, In so doing, the State shall: a) Preserve the ecosystem existing habitats in its natural state; b)
Preserve genetic resources and maintain the ecological diversity existent in Mt, Guiting-Guiting; c)
Provide education, research and environmental monitoring, low-impact recreation and tourism, and
alternative economic opportunities to sustainably optimize the use of resources; and, d) Advance and
protect the interest of the legitimate inhabitants and honor customary laws.

See. 3. Scope ~ Mt. Guiting-Guiting Natural Park is hereby established, covering fifteen (15) barangays
in the municipalities of Magdiwang, Cajidiocan and San Fernando, all located in the island of Sibuyan, in
the province of Romblon, with an approximate aggregate area of FIFTEEN THOUSAND FOUR
HUNDRED SEVENTY ~FIVE AND 21/100 (15,475.21) HECTARES.

The technical description of Mt. Guiting-Guiting Natural Park shall be as follows:

Bounded on the North by unclassified public forest, Municipality of Magdiwang, on the East by
unclassified public forest, Municipality of Cajidiocan and on the South and West by unclassified public
forest, Municipality of San Fernando.

Beginning at a point marked “I” which is N 85°07°01” E, 7,264.978 meters from PRS 92 RML-3004 San
Fernando, Romblon, with geographic coordinates of 12°23°04.85”North and 122°29°53.60 East.

CORE ZONE

‘Thence N me 2" 0" |W (554.08 meters to point 2
‘Thence N os 497 S17” Ws 1,312.58 meters to point 3;
‘Thence N so 33) 14" W 841.09 meters to point 4
Thence N 33° SI’ 30" WS 472.05 meters to point Si
‘Thence N 45°30 17 W 321.04 meters to point 6

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BUFFER ZONE 1

Beginning at a point marked “1” which is N 62°23” 19”E, 2,466.517 meters from PRS 92 RML-3004 San

nando, Romblon with geographic coordinates of 12°23°04.85 North” and 122°29°53.60” East

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‘Thence N ae 380.14 meters to point
Thence N 13° «50? 35" B 413.77 meters to point
Thence N 30° 4710” iB 525.56 meters to point
Thence N 16° 23' 35” EB 690.94 meters to point
‘Thence N 19° 48" 46" WW 448.45 meters to point
‘Thence Ss 71° 48°33" WS 8:16.82. meters to point
‘Thence N 22° 44712” W (946.97 meters to point
‘Thence Ss go° 3270" WS C65.52. meters to point
‘Thence Ss 62° 16738" WO 481.24 meters to point
Thence Ss 42743" WS 700.64 meters to point
Thence N 54238750” W 277.10 meters to point
Thence N go 3743" WO 412.51 meters to point
Thence N g2° 29719" Ws 33 1.85 meters to point
‘Thence Ss 75° 59°32" W 234.99 meters to point
Thence Ss goo 54377 W 319.00 meters to point
‘Thence s 2° 0" 1s? Ws 1,161.13 meters to point
Thence s 58° 48739" WS (543.57 meters to point
Thence N 34° 157-25" EB 364.18 meters to point
Thence N 26° 2412” B 317.08 meters to point
Thence N 31° 36°27” EB 305.39 meters to point
Thence N 2q9 4279” WS 330.22. meters to point
‘Thence N 12 2978? W 143.39 meters to point
Thence N ie 577 42" EB 209.10 meters to point
Thence N 58° 49734" WO 233.75 meters to point
‘Thenee Ss age 327 a" WO 481.75 meters to point
‘Thence Ss ase 53744” 99.62 meters to point
Thence Ss 25° 5374” 168.28 meters to point
Thence Ss 13° 137-28" W 205.45 meters to point
Thence Ss 232732" W 473.47 meters to point
Thence Ss 16 59) 41” EB 390.04 meters to point
‘Thence N 6 to” W 401.40 meters to point
‘Thence N 3°52" 59" WS 280.57 meters to point
Thence N ar 9? 30" W300.04 meters to point
Thence Ss 83°22? 16" WS 116.78 meters to point
s soe 17) 48" WS S7.OL
Ss 9° 32" 20, W(271.55
‘Thence Ss 46° 17) 13" WS 148.03 meters to point
‘Thence 8 74° 167 33” W 509.05 meters to point
Thence N 26° 35°46" WS (254.64 meters to point
Thence N 33° 40720” WS «183.97 meters to point
Thence N 1845" EE 392.95 meters to point
‘Thence s GT Pye W 301.34 meters to point
Thence Ss Soe W 289.99 meters to point
‘Thence s 23° 9 Wo 473.04 meters to point
‘Thence Ss 64° 2I" W (282.87 meters to point
Thence Ss soo 34” W 453.48 meters to point
‘Thence N 36 W 1,037.27 meters to point

4|Page


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36°
10°
25°
70°
61°

18°
he
SV
53”
av

25?
29°
49°
50”
36°
av
32°
37
55°
rs
13°
35°
3
37
38°
42°
22’
48°
30°
56°
Ww
32"
30°
sv
33”
49°
2
17
av
eyo
eye
29°
eV
45°
39°
38°
SI
25
15°

28°
ar
Ps

42°
55°
23°
22°
53°
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,

>

45°
ie
33

>
24”
13?
3

56"
29”
50”
40”
24”
ig
53”
44”
22”
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ar
46”
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ibe
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4a”
10”
46”
25”
33”
53”
5”
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i”
30”
14”
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o

58”
46”
32”
33°
36"
4
42"
50”
55”
29”
13”
22”
36”
41”
41”
10”
10”
aly
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ips
46”
34”
46"
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43”
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940.30
634.85
647.12
670.42
701.96
785.87
663.32
1,019.76
802.00
1,227.74
1,783.34
589.57
485.41
499.42
647.28
578.46
568.65
792.54
451.89
677.11
436.81
300.47
352.82
571.13
458.66
1,448.14
944.58
952.45
321.04
472.05
841.09
1,312.58
554.08
1,813.58
977.16
1,075.94
868.28
597.54
1,006.68
645.78
766.89
1,559.00
594.30
1,029.78
397.22
467.49
621.36
388.77
255.27
299.90
374.48
483.02
379.28
478.75
1,037.25
297.97
246.58
217.86
342.76
307.19
352.59

meters to point
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‘meters to point
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Thence N g2° 39724" W 518.25 meters to point
Thence N 38° 40° 46” WS 235.21 meters to point
Thence Ss goo 4’ 47 WO (287.04 meters to point
‘Thence Ss TP 4852” W 438,89 meters to point
Thence N ase 4it 29" WS 1,732.84 meters to point
Thence N 29° 97 W 617.63 meters to point
Thence N 29° 927 W312. meters to point
Thence N 29° 57” WC 483.46, meters to point
Thence N 4414? 36" WS 749,60 meters to point
‘Thence N ig 1 2? WW OLL2 meters to point
‘Thence N 35°57 SW 607.38 meters to point
‘Thence N 63° 4’ 290" WS 355.54 meters to point
‘Thence N 27 1410" WS 463.23 meters to point
‘Thenee Ss sso 47 3" WS 3:73.67 meters to point
Thence N 4221058" WS 190.62. meters to point
Thence N 28° 10) 21" WS 243.58 meters to point
Thence N 375 19” W 459.95 meters to point
Thence 8 37° $4" 26" WS 428.07 meters to point
Thence Ss 5°22? 39" W 737.40. meters to point
Thence s 30° 5728” W 222.77 meters to point
Thence N 26° 31h S56" WO 342.51 meters to ps
‘Thence N 28°28" 26" iB 578.91 meters to
‘Thence N 12 25° 46" WS 761.61 meters to
Thence N 22° 34710” WS 554.49 meters to point
‘Thence N 22° 347 to" WS 297.51 meters to point
BUFFER ZONE 2

Beginning at a point marked “1” which is N 65°15°25” W, 2,059.163 meters from PRS 92 RML-3004
San Femando, Romblon with geographic coordinates of 12°27°35.08” North and 122°39°42.82” East.

Thence Ss ue 17 40" EB 1,082.46 meters to point
Thence Ss Be 24 327 EB 837.88 meters to point
Thence s 31s 620" WS 510.98 meters to point
‘Thence Ss 20° 43735" WS (299.52 meters to point
Thence Ss 34°47 58" WC 145.95 meters to point
‘Thence Ss 9 1014” 928.62 meters to point
‘Thence Ss se 25759” W 1,204.03 meters to point
‘Thence Ss 4a 24740” OE 1,150.58 meters to point
‘Thence Ss 12 53" 58" =B 271.53 meters to point
‘Thence S gee 53731" WS (992.46, meters to point
Thence Ss 49° 1 8 WG 46,12. meters to point
Thence Ss as i753” EB 789.02 meters to point
‘Thence Ss 45° (28)? 955.29 meters to point
Thence Ss 10) 9" W 1,176.32. meters to point
‘Thence Ss 23° 35'S" iB 1,569.42 meters to point
Thence Ss 19°33" 23" Ws, 565.41 meters to point
Thence Ss 302 <Oth 138? B 721.60 meters to point
‘Thence Ss 66° 35’ 25" EB 1,705.37 meters to point
Thence Ss 40°14? 58" WO 414.79. meters to point
Thence Ss 66° 56732” Ws, 463.95 meters to point
‘Thence Ss 253727” Ws ,336.08 meters to point
‘Thence Ss o 654 hOB 699.96 meters to point
‘Thenee Ss 3°29 18" WS 378.00 meters to point
‘Thence s 55° 22729" WS 420.47 meters to point
‘Thence S 55° 22-29" WS 420.47 meters to point
‘Thenee Ss oe 22718" WS 308.26 meters to point
‘Thence Ss go 836" WS 65.88 meters to point
‘Thence Ss 25° 467” WS 3.42.60 meters to point
‘Thence N goo 1127" W 558.06 meters to point
‘Thence N 2 45638” 1,421.38 meters to point

7|Page


‘Thence
‘Thence
Thence
‘Thence
Thence
‘Thence
Thence
Thence
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‘Thence
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PRURDDU POLLO DEORZZZZZLZZLZZZZZZZZZZZZZZZZLZLZZZZAZZZZZZZZZZZZZVZZ

84°
51°
64°
ee
85°
40°
0°

2°

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24°
18°
2°

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23°
38°
22°)
28°
34°
ile
53°
54°
12°
Pp

33°
1°

30°
559
40°
34°
25°
16°
18°
16°
61°
64°
83°
85°
are
age
29°
28°
ae
52°
50°
39°
61°
28°
29°
228:
80°
70°
14°
14°
20°
20°
84°
84°
69°
Bie
70°
62°

33"
32"
58
3

53°
36°
58”
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48°
ar
58°
55°
55°
28°
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31
42’
20°
26°
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28°
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13°
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32°
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35”
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15”
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28”
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1,085.89
676.81
242.81
426.43
279.72
434.73
413.06
419.39
401.48
409.84
208.08
192.26
1,346.62
813.90
851.93,
1,470.16
7.22
1,379.02
487.65
1,144.03
692.26
1,094.31
548.61
902.78
1,603.45
1,056.63,
1,127.14
1,055.59
1,317.20
336.81
314.75
345.96
215.28
638.07
333.67
364.55
326.12
327.05
289.18
387.36
359.86
357.60
346.62
235.21
421.00
215.72
161.71
378.56
506.46
365.47
381.14
436.61
355.58
605.58
529.28
590.66
513.34
485.72
509.26
294.44
471.94

meters to point
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Thence Ss 589 SI" WS 394,32 meters to point
Thence N 25° 5676" WW (569.34 meters fo point
‘Thence N 16394” WS 355.14 meters to point
Thence Ss 20° 38” 49” EB 98.59 meters to point
‘Thence Ss SOL ei ee 200.25 meters to point
Thence N 60° «337 41”—E 231.95 meters to point
Thence N 3°33" WS (356.62 meters to point
Thence s i60o)) 26! 252") EB 369.01 meters to point
Thence N 34° 20°34" iB 213.04 meters to point
‘Thence N g2° 48’ 24" OE 415.27 meters to point
‘Thence N 76 39’ 39” EB 299.07 meters to point
Thence N 56° 34740” B 355.84 meters to point
‘Thence N g4° 507 40" B 133.54 meters to point
‘Thence N aoe 38) 3B 125.87 meters to point
‘Thence N ep PEN eho I 219.10 meters to point
‘Thence N 22° 97 = 32" W (267.78 meters to point
‘Thence N ge 3979” W 232.65 meters to point
‘Thence N 10° 3328" W 283.80 meters to point
‘Thence N oe 43 361.35 meters to point
‘Thence N soe 34757” EE 377.97 meters to point
Thence N 63° 30? 12” B 374.32 meters to point

Thence N 13° «18? 52" WS 442.91 meters to point
Thence N 13° 823" WS 325.52 meters to point
‘Thence N 2 3 6 8B 335.22 meters to point
Thence N ite eb ahs 354.97 meters to point
Thence N ie iY Br CB 312.06 meters to point
Thence s 4p? 50725" EB 233.96 meters to point
Thence N 85° 527 PB 541.41 meters to point
Thence Ss Vi 42 3h B 493.30 meters to point
Thence s 35° 39°50” E 475.11 meters to point
Thence N 319 4g” EE 303.59 meters to point
Thence N gee 32728” 315.48 meters to point
Thence N se Be 669.12 meters to point
Thence N oe 61924” OE 208.56 meters to point
‘Thence N Ghee ayy aye is) 198.33 meters to point
Thence s age 267 is? 477.06 meters to point
Thence N g 3) 47? 151.11 meters to point
‘Thence N age) 622 307 = 180.35, meters to point
‘Thence N g3° 40’ 18” EE 133.82 meters to point
Thence Ss go" 38° 53” B 335.57 meters to point
Thence Ss 10% 225") BE 283.38 meters to point
Thence Ss me 12754” iB 192.19 meters to point
Thence N or <6 45" B 140.43 meters to point
Thence N gee i) gt CE 209.67 meters to point
Thence N gor 457 50” iE 182.00 meters to point
‘Thence Ss 66 6107 258.00 meters to point
Thence Ss ge 38 I” E 121.03 meters to point
Thence N 78 «567 4” EE 129.46 meters to point
‘Thence s 4g° 29" 56” EB 23.49 meters to point
‘Thence Ss age 32? 53” B 38.75 meters to point
‘Thence s Bie i 6 ie 18.19 ‘meters to point
‘Thence Ss oe 5) 13.56 meters to point
Thence s 7m? 2118” 13.93 meters to point
Thence s the Ia 14.64 meters to point
‘Thence s 745’ 19” 15.94 meters to point
‘Thence N gio 38” 1” 3.08 meters to point
‘Thence Ss 23°42" 10” 63.82 meters to point
‘Thence s g2° 52730” E 165.28 meters to point
Thence Ss 7a, 13° 2B 197.41 meters to point
‘Thence S 27 34728" E 203.07 meters to point
Thence s e012 37 209.15 meters to point

9|Page


Thence N mee 41? 49 401.79 meters to point
Thence Ss 30° 4) 45" iB 427.42 meters to point
‘Thence Ss (eR TE 248.12 meters to point
‘Thence iS ise igh 10" Se 178.41 meters to point
‘Thence Ss 55°23” 40” EB 119.07 meters to point
Thence ) 7 i 6 8B 263.49 meters to point
Thence N ae oT OB 137.07, meters to point
Thence Ss sol’ 34” B 486.67 meters to point
Thence Ss 142 360" WS (206.29 meters to point
Thence s 68° 54724" 299.04 meters to point
Thence N goo 8’ 30” EE 492.06 meters to point
‘Thence Ss 2 13720” WS 618.97 meters to point
‘Thence Ss 142) 87) Bae 875.23 meters to point
‘Thence Ss i152 93: 207 EB 742.06 meters to point
‘Thence Ss 22° 24758" W 432.70 meters to point
‘Thence Ss 443853" 633.23 meters to point
Thence N 60° 1130” 35.73 meters to point
Thence N B57 23 2k" EB 184.75, meters to point
Thence N gor 54722” B 135,71 meters to point
‘Thence N me 34733" iB 133.82 meters to point
‘Thence N ise iy gE 187.08 meters to point
‘Thence N a7 41’ 55" B 59.49 meters to point
Thence s 74018? 58 569.19 meters to point
Thence N 63° 45759” B 231.88 meters to point
‘Thence N gor 54752” EB 725.10 meters to point

Such buffer zones covering an approximate aggregate area of TEN THOUSAND SEVEN
HUNDRED FOURTY SEVEN AND 55/100 (10,747.55) HECTARES are hereby established
for the purpose of providing an extra layer of protection around the protected area in which
restrictions can apply and communities can assist in repelling threats to the protected area. Such
buffer zones shall be managed under the authority of the Mt. Guiting-Guiting Protected Area
Management Board, according to the prescribed management plan herein provided.

Sec. 4, Definition of Terms - The following terms are hereby defined for the purposes of this

a. Ancestral domain - refers to all lands and natural resources occupied or possessed by
indigenous cultural communities, by themselves or through their ancestors communally or
individually, in accordance with their customs and traditions since time immemorial,
continuously to the present except when interrupted by war, force majeure, or displacement
by force, deceit or stealth. It includes all adjacent areas generally belonging to them and
which are necessary to ensure their economic, social and cultural welfare.

b. Biodiversity — refers to the variety and variability among all living organisms and the
ecological complex in which they occur.

Non-government Organization — shall refer to any civic, developmental or philanthropic
organization which is multi-sectoral in character.

d. Non-renewable resources — shall refer to those resources found within the PA and its buffer
zones, the natural replenishment rate of which in either not known or takes more than 25
year.

¢. People’s Organization ~ shall refer to any grouping of people formed to advance the interests
of the sector represented, provided such sector is marginalized, poor or disempowered.

f. Protected species — any individual species of plants and animals that are or shall be declared
as protected under the Philippine laws, rules and regulations issued by the DENR, species

10|Page


listed as protected against trade, hunting and harvest under International Conventions to
which the Philippines is or will become signatory including but not limited to the Convention
of International Trade of Endangered Species (CITES). In addition this includes protected
species, species which may be restricted for use by regulations issued by the PAMB or
DENR particularly mentioned in the management plan.

g. Public Consultation - a meeting or dialogue with the concerned or affected individuals within
and outside the protected area designed to identify and resolve issues and problems affecting
them,

h. Indigenous Cultural Communities - shall refer to tribes, including but not limited to
Sibuyanon-Tagabukid, who have continuously lived as communities on communally
bounded and defined land since time immemorial and have succeeded in preserving,
maintaining and sharing common bonds or language, customs, traditions and other distinctive
cultural traits.

Sec. 5, Management Plan - The Protected Area Superintendent (PASu) shall prepare the
management plan in coordination with the appropriate offices of the DENR and local
communities and tribal experts who have experience in the particular cultures in the area. The
plan shall be in a language understandable in the area, plainly written and available for perusal to
the general public of the PASu office.

‘The Management Plan shall be reviewed, approved and adopted by the Protected Area

Management Board (PAMB) and cert
the plan conforms to all laws, rules and regulations is

fied by the Secretary, Such certification is mandatory if
sued by the DENR of national application.

In no case shall the Management plan be revised or modified without prior approval from the
PAMB. The PASu may propose amendments to the Management Plan as the need arises. Such
proposed amendments shall be considered by the PAMB only after extensive consultations with
the stakeholders.

‘The PASu shall prepare all successor plans. Two years before the expiration of the period of
applicability of the plan in effect, the PASu shall cause publications of notices for comments and
suggestions on the next successor plan in a newspaper of local circulation and the posting of such
notices in the provincial, municipal and barangay halls and in three other areas frequented by the
public. Public hearings may be conducted on the successor plan upon written request of any
interested party. The proposed plan shall be made available for public perusal at the Office of
the PAsu upon the approval of the PAMB.

‘The zoning of the protected area shall give primary considerations to the traditional zones used
and recognized by indigenous cultural communities and whenever applicable, those that have
been sustainable used by tenured migrant communities for an appreciable length of time unless
such uses are deemed detrimental to biodiversity and protection of the natural characteristics of
the protected areas.

‘The plan shall be in language understandable in the area, plainly written and available for perusal
to the general public at the PASu Office.

Sec, 6. Institutional Mechanisms - the following administrative and policy -making mechanism
shall apply:

‘A. There shall be Protected Area Management Board (PAMB) which shall be the policy
making body of the protected area. It shall be composed of

i1[Page


1. The Mayors of the municipalities with territory inside the protected area or their
authorized representative;

2. The Barangay Captain or barangays with territory inside the protected area or their
authorized representatives;

3. NGOs and Pos representatives concerned with protected area management and
accredited with some municipality, chosen from among themselves, in each of the
three municipalities within the protected area;

4, The Regional Executive Director of the DENR who shall act as chairman;

5. The Provincial Planning Development Officer shall sit as ex officio member to be
endorsed by the Governor;

6. Representative from each indigenous cultural community within the protected area
chosen using customary practices;

Every member of the PAMB shall serve for a term of 5 years and shall be considered
to represent his or her sector deemed to carry the vote of such sector in all matters. In
case of members who are government officials, the membership shall be attached to
the office head.

The PAMB of Mt. Guiting-Guiting Natural Park shall have the following power and
functions:

1. Issue all rules and regulations to prohibit and regulate acts that maybe prejudicial
to the protected area and the policy declaration herein set forth.

2, Established criteria and set fees for the issuance of permits for the activities
regulated by this Act, or the management plan.

‘Adopt rules of procedure for the conduct of business, including the creation of
committees to whom its powers may be delegated.

4. Approve the management plan and oversee the office of the PASu.

5, Deputize interested individuals for the enforcement of laws, rules and regulations
governing conduct in the protected area.

6. Accept donations, approve proposals for funding, budget allocations and exercise
accountability over all funds that may accrue to the Mt, Guiting-Guiting Natural
Park.

7. Retain legal counsel, either on a permanent or temporary basis, to defined cases
against the PAMB and the PASu staff whenever they are sued in connection in the
performance of their duties under this Act.

The DENR, through the RED, shall exercise authority to oversee the PAMB to ensure
that it is acting within the scope of its powers and functions. In case of contradiction
between administrative orders issued by the DENR pursuant to the NIPAS Act for
national application and the rules and regulations issued by the PAMB, the PAMB is
such cases, shall notify the Secretary of the DENR who shall then decide whether to
apply the rule or withdraw its application for Mt. Guiting-Guiting Natural Park.

B, The Protected Area Superintendent Office, There shall be a Protected Area
Superintendent Office (PAO) within the Department of Environment and Natural
Resources, who shall serve as the chief operating officer of the protected area. The PASu
office shall be operationalised by the following permanent personnel created pursuant to
this Act as following permanent personnel created pursuant to this Act as follows:

12|Page


One (1) Protected Area Superintendent
One (1) Assistant Protected Area Superintendent

One (1) Ecosystem Management Specialist

One (1) Administrative Officer

‘One (1) Accounting Clerk

One (1) Clerk

‘One (1) Driver

One (1) Computer Operator/Encoder

). One (1) Community Organizers (Information Officer)
10. One (1) Rural Development Officer

11. Twelve (12) Forest Rangers

12. One (1) Boatman

CVI AWRY

‘The PASu shall have the following powers and functions:

1. Prepare the management and suecessor plans as herein provided;
2. Serve as the Secretariat for the PAMB with the duty to provide the PAMB with all the
information necessary for it to make appropriate decisions when necessary;

3. Hire, dismiss and supervise the necessary personnel to support operations as the
budgets made available by the PAMB may allow;

4, Establish a productive partnership with the local community, including groups
interested in the achievement of the goals and objective of the protected area and in
the planning of protection and management thereof;

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

6. Enforce the laws, rules and regulations relevant to the protected area and assist in the
prosecution of offen:

7. Monitor all activities within the protected area for conformity with the management

plan;

Perform such other functions as the PAMB may assign;

Implement policies, plans and programs as provided for in the Management Plan or

any resolution duly adopted and approved by the PAMB.

ee

Sec. 7. Ancestral Lands and Domains —For the purpose of this Act, the following shall govern
Ancestral Lands and domains in the protected area:

a. The rights of indigenous peoples to their ancestral domains are hereby fully recognized.
‘Traditional property regimes exercises by indigenous cultural communities in accordance
with their customary laws shall govern the relationship of all individuals within their
communities with respect to all land and resources found within ancestral lands.

b. All indigenous cultural community, through its representatives as provided in Sec. 7 herein
may apply for Certificate of Ancestral Domain Title (CADT) as herein defined to be
recorded in the same manner as Certificate of Title under the Property Registration Decree.
Each CADT would contain documentation, if any, of the customary rights pertaining to the
indigenous cultural community involve. Provided that, only one (1) applicable tenurial
instrument will be issued in a given area to avoid future conflict. Such rules shall not, in any
way, impair, diminish or effect a deprivation of the vested and customary of the community
and its members, provided farther that the non-documentation of these rights do not preclude
their exercise under the law, and provided finally that there shall be no prescription for the
exercise of these rights. For purposes of determining the existence of these rights in order to
resolve conflicts, recourse to customs shall be given preference, with due consideration to the
dynamism of culture.

13 [Page


c. Presumptions ~ the following presumptions shall govern, unless proven to be contrary to
documented or oral custom by clear and convincing evidence in the proper administrative or
Judicial proceeding providing due hearing to all parties concerned:
cl. Alll lands occupied by indigenous cultural communities since time immemorial shall be
presumed to be ancestral lands:

2. Rights and obligations within ancestral lands are presumed to be govened by customary
laws;

3. Rights and obligations within ancestral lands governed by customary law are presumed
to be held collectively by the community:

4. Rights and obligations within ancestral lands proven to be held by individuals under
customary law are presumed to be held in the trust of such individuals for the whole
community.

Owing to differences in cultural and social worldview, the provisions of the Act shall be
construed liberally in favor of indigenous cultural communities and their members.

Sec. 8 Tenured Migrants and transient farmers — Tenured migrants are those members of
households that have actually and continuously occupied the Mt. Guiting-Guiting Natural Park
since February 20, 1991 and are substantially dependent on the protected arca for their
livelihood. For purposes of official documentation of rights and extent of occupation within the
protected area, the tenured migrants household shall be issued a tenurial instrument over such
areas as have been occupied or cultivated since February 20, 1991 or earlier. ‘Tenured migrants
may occupy and use the area specified in the instrument upon lapse of this period may negotiate
for a new instrument and his occupancy shall be evaluated by the PAMB for purposes of such
renewal.

If despite consideration paid to current practices, areas occupied by tenured migrants are
designed as zones in which no occupation or other activities are allowed, provisions for their
transfer to multiple use zones or buffer zones shall be accomplished using humanitarian
considerations.

Persons who have been cultivating land within the protected area since February 20, 1991 are
considered to be occupying such lands and shall be entitled to a tenurial instrument restricted to
cultivation, provided that the rights under such can only be transferred to direct descendants.

‘Yenured migrant instruments may be cancelled for violation of the terms and conditions
specified therein, upon the holder’s repeated refusal to comply with management plan or the
regulations set by the PAMB or by voluntary surrender or rights. Upon cancellation of a tenured
migrant instrument, the PASu shall take immediate steps to rehabilitate the area in order to return
it to its natural state prior to the cultivation or other act by the transient or tenured migrant.

Tenured migrant instruments are transferrable only to the nearest kin, Provided that if the land is
idle for a minimum of five (5) years, the PAMB will initiate the control and management of the
area,

Sec. 9. Prohibited Acts -
protected area:

the following shall be the prohibitions and penalties applicable to the

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‘A. The penalties in Article 309 and 310 of the Revised Penal Code depending on the value of
the resources taken, damage or destroyed shall be imposed upon any person who do:

1. Hunting, destroying, trapping, disturbing and possessing anywhere within Mt. Guiting-
Guiting Natural Park of any wild plants or animals or products derived there from
without a permit from the PAMB: Provided, that such permits shall only be given for
scientific purposes necessary for the protected area management.

2. Cutting, gathering, collection or removing timber or forest products without permit from
the PAMB;

3, Possessing outside the protected area any wild plants or animals or products derived there
from which came from the protected area without a permit issued by PAMB;

4. Mineral exploration, drilling or prospecting for or extraction of minerals within Mt.
Guiting-Guiting;

5. Constructing or maintaining any kind of road, structure, fence or enclosure without a
permit from the PAMB, provided that structures within ancestral domains used by
indigenous cultural communities need not be under a permit from the PAMB;

6. Altering, mutilating, excavating, removing, destroying or defacing boundaries, marks or
signs, natural formations, burial grounds, religious sites, artifacts, objects belonging to
indigenous cultural communities and other objects of natural and scenic value or affixing
marks or signs on tree:

7. Occupation of any portion of land on undertaking any kind of activities either for
agricultural or commercial purposes inside the buffer zone and protected area without a
permit from the PAMB.

Valuation of the damage shall take into account biodiversity and conservation considerations as
well as aesthetic and scenic value. Commission of these acts likewise carry the penalty of
eviction from the Protected Area and the forfeiture of all transportation equipment, structures and
building materials, equipment, devices weapons used for the commission of the offense as well
as the protected area resources caught in the possession of the accused.

Sec. 10. Local Government Units. - Local government units (LGU) shall participate in the
management of Mt. Guiting-Guiting Natural Park through representation in the PAMB as
provided under Sec. 7 of this Act. The LGU retains its ordinance- making powers over the
tertitory covered under this Act but with due consideration to the protected area management
objectives. Ifa conflict between LGU and the protected area management objectives remains
unresolved within the PAMB, it shall be resolve through mediation.

Sec. 11. Integrated Protected Area Funds of Mt. Guiting-Guiting Natural Park ~ The
following shall constitute part of the Integrated Protected Area Funds and shall be subject to the
PAMB acted policy the moment they accrue.

1. Proceeds from special land use and resource utilization and real property taxes from
commercially used ancestral domains, as may be set by the PAMB;

2. Fees derived from permitted collection of wild flora and fauna and other resources within
the protected area as may be set by the Department of Environment and Natural
Resources and the PAMB;

3. Fees from industrial and facilities directly benefiting from the protected area;

4, Fines and fees, including protected area entry and visitor’s/user fees, as may be imposed
and collected from the operation of the protected area and set by the PAMB;

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5. Contributions, donations, endowments and grants from any legal sources domestic ot
foreign for purposes related to their functions.

The local government unit shall continue to impose and collect all other fees not enumerated
herein which it has traditionally collected such as but not limited to, business permits
property taxes and rentals of local government unit facilities.

Sec. 12. Appropriation — To carry out the implementation of this Act, an annual aggregate
amount of FIVE MILLION EIGHT HUNDRED THIRTY ONE THOUSAND EIGHT
HUNDRED SEVENTY ONE PESOS (PhP 5,831.871.00) shall be included in the Annual
General Appropriation Act.

Sec. 13, Repealing Clause - For the purpose of Mt. Guiting-Guiting Natural Park, all laws,
rules and regulations inconsistent herewith are modified accordingly.

Sec. 14. Separability Clause - If any part or section of this Act is declared by the courts, as
unconstitutional, such declaration shall not affect the other parts or sections hereof.

Sec. 15, Effectivity Clause - This Act shall take effect upon its approval.

Approved: