Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

RECEIVED
= DATE January 23, 20230
* TIME 12:55pm *
‘4 BY Peri

9

Wo mer

Introduced by 2™ District of Agusan del Norte Representative
HON. DALE B. CORVERA

S

Ca
IS
6

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _6963__

AN ACT
DECLARING THE CABADBARAN RIVER WATERSHED FOREST
RESERVE AS A PROTECTED AREA WITH THE CATEGORY OF
PROTECTED LANDSCAPE UNDER THE NATIONAL INTEGRATED
PROTECTED AREA SYSTEM, TO BE KNOWN AS THE CABADBARAN
SANTIAGO PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT AND ADMINISTRATION, AND APPROPRIATING FUNDS
THEREFOR

EXPLANATORY NOTE

Section 16 of Article II of the 1987 Constitution provides that the State shall protect
and advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.

As aptly discussed by no less than the Supreme Court in the case of Oposa, et. al. vs
Factoran, et. al. (G.R. No. 101083, July 30, 1993), This right need not even be written in the
Constitution for itis assumed to exist from the inception of humankind. If it is now explicitly
mentioned in the fundamental charter, itis because of the well-founded fear of its framers that
unless the rights to a balanced and healthful ecology and to health are mandated as state policies
by the Constitution itself, thereby highlighting their continuing importance and imposing upon
the state a solemn obligation to preserve the right, the day would not be too far when all else
‘would be lost not only for the present generation, but also for those to come.

The right to a balanced and healthful ecology carries with it the correlative duty to
refrain from impairing the environment. The said right implies, among many other things, the
judicious management and conservation of the country's forests. Without such forests, the
ecological or environmental balance would be irreversibly disrupted.


‘The importance of the Cabadbaran River Watershed Forest Reserve (CRWFR), located
in the Municipality of Santiago and the City of Cabadbaran, Province of Agusan del Norte,
cannot be overemphasized. It serves as habitat of various flora and fauna of major importance
and serves as abode and source of livelihood of the Mamanwa and Manobo tribes. CRWFR
also provides irrigations to farmlands in Cabadbaran City, the Municipality of RTR and their

neighboring municipalities, as well as supply of water to households in lowland areas.

Hence, as carly as June of 1986, the local government of Cabadbaran City declared the
Cabadbaran River Watershed Forest Reserve as a watershed and forest reserve area. On 13
November 1991, Presidential Proclamation Number 834 was issued, declaring the forest and
watershed areas surrounding the Cabadbaran River was declared as Cabadbaran River
Watershed Forest Reserve with the aim of maintaining CRWFR’s usefulness as source of
water.

Despite these issuances however, illegal activities in the area including forest and
timber poaching, illegal harvesting of other forest products, illegal hunting of wildlife, illegal
mining, illegal entry and residence of migrant farmers and dwellers and small miners are still
adamant. These, coupled with the effects brought about by climate change and other man-made
ies causing the destruction and degradation of the CRWER, have contributed to the
continuous depletion of water supply coming from the CRWER. Hence, additional measures
must be taken to ensure that the remaining forested watershed areas of the CRWER will be
protected and rehabilitated.

acti

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

CORVERA
esentative
pistrictfof Agusan del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 6963

Introduced by 2" District of Agusan del Norte Representative
HON. DALE B, CORVERA

AN ACT
DECLARING THE CABADBARAN RIVER WATERSHED FOREST
RESERVE AS A PROTECTED AREA WITH THE CATEGORY OF
PROTECTED LANDSCAPE UNDER THE NATIONAL INTEGRATED
PROTECTED AREA SYSTEM, TO BE KNOWN AS THE CABADBARAN
SANTIAGO PROTECTED LANDSCAPE, PROVIDING FOR ITS.
MANAGEMENT AND ADMINISTRATION, AND APPROPRIATING FUNDS
THEREFOR

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

Section 1. Short Title, — This Act shall be known as the “Cabadbaran-Santiago
Protected Landscape Act.”

Section 2. Declaration of Policy. — It is the policy of the State to protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature. For this purpose, the State shall secure for the present and future generations
of Filipinos the perpetual existence of all endangered, threatened and rare species of terrestrial,
and marine resources within the Cabadbaran River Watershed Forest Reserve in the
‘municipality of Santiago and City of Cabadbaran, Province of Agusan del Norte, through its
establishment as a component of the National Integrated Protected Areas System under the
category of protected landscape.

‘The State shall likewise promote the participation of local communities in the
management of the Cabadbaran-Santiago Protected Landscape and protect the way of life of
the people living in and around the protected area.


Section 3. Definition of Terms. — As used in this Act:

a. Biological diversity or biodiversity refers to the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes

diversity within species, between species and of ecosystems;

b. Buffer zones refer to identified areas outside the boundaries of and immediately
adjacent to designed protected areas that need special development control in order
to avoid or minimize harm to the protected area:

©. CSPL refers to the Cabadbaran-Santiago Protected Landscape;

d. CSPL Protected Area Fund (CSPL PAF) refers to the special account established
for the purpose of financing projects of the CSPL and National Integrated Protected
Areas System;

¢. Multiple-use zone refers to the area where settlement, traditional and sustainable
land use including agriculture, agroforestry, extraction activities, and income
generating or livelihood activities may be allowed to the extent prescribed in the
CSPL management plan;

f Protected landscapes refer to areas of national significance which are
characterized by the harmonious interaction of man and land and water while
providing opportunities for public enjoyment through recreation, tourism, and other
economic activities;

g. Special Account in the General Fund (SAGE) refers to the trust fund deposited
in the national treasury representing the twenty-five percent (25%) of the revenues

generated from the operation of individual protected area and earmarked to support
the National Integrated Protected Areas System (NIPAS); and

h. Tenure Migrants refer to protected area occupants who have been actually,
continuously and presently occupying a portion of the protected area for five (5)
years before the proclamation or law establishing the same as a protected area, and
are solely dependent therein for subsistence.

Section 4. Protected Area Categorization. — All lands comprising the Cabadbaran
River Watershed Forest Reserve shall fall under the category of Protected Landscape under
Section 3 of Republic Act No. 11038, otherwise known as the “Expanded National Integrated
Protected Areas System Act of 2018”.


Seetion 5. Scope. — The boundaries of the Cabadbaran Santiago Protected Landscape
are as follows:

‘Tie Line: at CAD 866 to Corner “1” bearing N44:40:49E of 656 meters containing an area
of SIXTEEN THOUSAND TWENTY FIVE (16,025) hectares which is located in the
municipality of Santiago and City of Cabadbaran, Province of Agusan del Norte;

Corner Distance Bearing

12 139.55 N68°11'5S"W
23 616.83, N37°49'58"W
34 817.29 NIS°2647"W
45 399.97 1N31°1306"E.
5-6 404.69, NI11°21'54"E
6-7 558.62 N4°38'37"E

78 447.39 N16°21'46"W
89 1003.66 N15°43'03"E.
9-10 71.38 N31°18'17"E.
10-11 160.43 N11°02"12"E.
11-12 159.93 N18°01'32"E.
12413 120.06 N16°02'33"E.
13-14 164.75 N20°14'21"E
14-15 106.07 ‘NIS°3948"E
15-16 101.41 1N39°46'19"E,
16-17 108.23 1NS7°24'44"E,
17-18 164.12 N43°54°07"E
18-19 96.94 ‘NOP2618"W
19-20 155.93 N8°31'39"W
20-21 217.14 NO°13'12"E

21-22 153.76 N9°34'33"E,

22.23 14037 N13°47'19°E,
23-24 138.74 N4°42'46"W
24-25 121.78 N22°06'18"W
25-26 162.09 N31°34'54";W
26-27 148.5 N44°3846"W
27-28 151.86 N6O°4I'S1"W
28-29 110.9 N12°13'49"W
29-30 155.87 N22A747"W
30-31 187.33 NI9°O1'13"W
31-32 152.46 1N27°53'30"W
32:33 104.14 NB°46'45";W
3334 87.66 N18°41'02"E.
34.35 285.98 1N32°02'59"E,
35-36 161.65 1N29°34'40"E
36-37 290.01 1N19°34'32"E.
37-38 128.76 N38°58'55"E

38-39 128.59 1N25°2046"E


30-40
40-41
4142
42-43
43.44
44-45
45-46
46-47
47-48
48-49
49.50
50-51
51-52
52:53
53-54
54-55
55-56
56-57
57-58
58-59
59-60
60-61
61-62
62-63
63-64
64-65
65-66
66-67
67-68
68-69
69-70
70-11
1-72
RB
BO
74-15
8-16
16-71
17-18
78-19
79-80
80-81
81-82
82-83
83-84
84-85

137.61
146.75
60.28
152.19
159.41
119.42
539.99
15.63
852.73,
905.46
0.29
269.75,
1598.97
76.07
209.29
945
1049.94
1491.31
84134
438.58
1064.91
249.84
340.54
304.39
365.11
479.65,
660.22
2104
278.34
140.19
263.05,
315.84
274.14
314.98
378.22
117.98
451.13
213.06
787.68
210.07
281.2
143.09
290.67
639.82
142.03
121.74

1N9°36'52"E,
NIS°45'24"B,
1N29°52'34"E
N43°S1'S4"E
N28°32'48"E
1N14°03'28"E,
NI4°1337"W
1N52°34'06"E.
N14°36'15"E
1N31°26'18"E,
NAOMI,
N61°49'S7"E.
1N37°0609"E,
N40°41'32"E,
NII%537°E
NI1%4543"E
N13°0907"E
N11°5608"E,
N88°N'17"E,
$81°3831"E,
$63°02'28"E
$43°29'59"E
$74°2707"E
$59°48'32"E
$45°04'39"E
S48°33'57"E
$4°12'20"E
$33°03'29"E
$44°33'54"E
S11°55'36"E,
S18°1721"W
s3°04'24"W
S14°18'16"W
S7°58'50"W
$16°3628"E
$34°40'44"E
$79°02'45"E
N87°5S'45"E
'$61°43'50"E,
S31°0619"W
$6°28'S9"E
S19°26'24"E
$1°5240"E
$10°43'28"E
$27°59'S0"E
$12°02'33"E,


85-86
86-87
87-88
88-89
89-90
90-91
91-92
92.93
93-94
94-95
95.96
96-97
97-98
98-99
99-100
100-101
101-102
102-103
103-104
104-105
105-106
106-107
107-108
108-109
109-110
0-111
1-112
112-113
113-114
114-115
115-116
116-117
117-118
118-119
119-120
120-121
121-122
122-123
123-124
124-125
125-126
126-127
127-128
128-129
129-130
130-131

135.87
2214
413.01
185.89
240.01
189.61
745.81
189.48
173.96
201.03
5392.71
931.04
1535.12
3720.53
406.87
2962.87
136.68
2437.13
1062.89
1803.76
1462.19
788.81
186.45
238.4
133.35
51.48
50.12
139.23
128.26
123.05
178.33
178.53
177.09
209.57
145.76
94.86
59.33
60.47
51.93
63.61
210.85
55.48
26.87
320.62
295.34
183.16

s6°42'35"W
s14°3204"W
$31°00°06"W
$7°30'38"E
$44°2737"E,
$16°3908"E
$37°02'26"E,
$81°3635"E,
$57°34'44"E
$43°04'S0"E
SB1G17"E
$15°31'09"W
S15°00'10"W.
s9°02'04"W
'S9°00'58"W
'879°39'56"W
‘NI1°06'02"E
N66°25'37"W
1N28°54'05"W_
1N39°51'47"'W
N76°41'35"W
‘N73°35'21"W
1N26°39'30"E,
1N20°26'42"E
N6°35'29"E
NIS°11'49"E.
1N26°44'10"E.
N52°21'32"E.
N70°20'08"E,
1N70°08'34"E.
1N71°34'39"E,
1N75°52'53"E,
1N76°08'10"E,
N80°02'01"E.
1N75°47'08"E,
N69°52'30"E
N6I°1744"E,
N54°52'S7"E,
1N3S°29'59"E.
1N32°13'26"E.
NI7°4833"E,
1N12°05'03"E.
N48°34'29"W
S86°55'35"W
$67°42'37"W
NO4°35'48"W


131-132 171.85 NIS°31'57"W

132-133 340.43 NI4°15'13"W
133-134 134.54 $74°50'24"W_
134-135 862.4 $53°42'55"W
135-136 528.7 $14°5931"W
136-137 323.13 s9°41'4g"W

137-1 321.42 S21°1S'18"W

The proposed area of the Cabadbaran-Santiago Protected Landscape is sixteen thousand
twenty-five (16.025) hectares. more or less. located within the territory of the City of
Cabadbaran and the Municipality of Santiago, Province of Agusan del Norte

Section 6. Management of the Cabadbaran-Santiago Protected Landscape. — ‘The
‘management of the CSPL shall be vested in the Protected Area Management Board (PAMB)
as herein provided, which serves as the highest policy-making body for the protected area.
‘Through the PAMB, the management structure for the protected area shall promote partnership,

participation, cooperation and coordination with local communities and civil society

organizations.

Section 7. Protected Area Management Board. — The PAMB for the CSPL shall be
composed of:

a.

The Regional Executive Director of the Department of Environment and Natural
Resources (DENR) ~ Region XIII, as Chairperson;

‘The Governor of the Province of Agusan del Norte;

District Representative of the Congressional district where the protected area is
located or his/her duly designated representative, unless the District Representative
declines membership in the PAMB;

‘The Mayors of the City of Cabadbaran and the Municipality of Santiago or their
duly designated representatives

‘The Barangay Chairpersons of Bayabas, Conception, Mahaba and Puting Bato in
the City of Cabadbaran; Barangay Chairpersons of San Isidro, Jagupit, Curva,
Poblacion 1, Poblacion Il, and Pangaylan, in the municipality of Santiago, all in the
Province of Agusan del Norte or their authorized representatives;

The Regional Director for Caraga of the following government agencies, namely:
Department of Agriculture (DA), National Economic and Development Authority


(NEDA), Department of Seience and Technology (DOST), Philippine National
Police (PNP), and Department of National Defense (DND), or their duly designated
representative

g. Three (3) representatives from non-government organization (NGO) or people's
organization (PO), duly accredited by both the DENR and the provincial
government of Agusan del Norte. The NGO or PO should have been in existence

for at least five (5) years and with track record in or related to the protected area
management;

h. At least one (1) but not more than three (3) representatives from all the Indigenous
Peoples or Indigenous Cultural Communities present in the area and recognized by
the National Commission on Indigenous Peoples (NCIP)

One (1) representative from an academic institution, preferably from a university or
college in the province where the protected area is located, with proven track record
in or related to protected area management; and

One (1) representative from the private sector, preferably a resident of the province
where the protected area is located who is distinguished in a profession or field of

interest relevant to protected area management

Members of the PAMB who are elective or appointive government officials or
‘employees, shall serve in the Board for the duration of their tenure at their respective elective
or appointive government positions.

Other members of the PAMB shall be appointed by the DENR Secretary after the
conduct of'a transparent and fair selection process. They shall serve a term of three (3) years
and shall be eligible for reappointment for another term.

‘The members of the PAMB shall serve without compensation, except for the actual and
necessary traveling and subsistence expenses incurred in the performance of their duties, either
in their attendance in meetings of the PAMB or in connection with other official business
authorized through a resolution of the PAMB, subject to existing rules and regulations. Each
member shall have the full capacity and accountability for decisions binding to the member’s
sector,

‘The PAMB members duly appointed prior to the effectivity of this Act shall continue
their term until the expiration of their appointment. Thereafter, members of the management
board shall be appointed in accordance with the provisions of this Act: Provided, That the
Regional Executive Director of the DENR shall ensure that the relevant members of the PAMB


are duly appointed by the DENR Secretary: Provided, further, That at least forty percent (4096)
of the PAMB members shall be women, pursuant to Republic Act No. 9710 or “The Magna
Carta of Women”.
‘A member of the PAMB may be removed for any of the following grounds:
i, More than three (3) consecutive unexcused absences from regular meetings of
the management board;
ii. Commission of acts prejudicial to the management of protected areas and/or
other existing rules and regulations governing protected areas;
iii, Disassociation from the office or organization being represented;

iv. Conviction by final judgment of any criminal act.

Section 8. Powers and Functions of the PAMB. — The PAMB for the Cabadbaran-
Santiago Protected Landscape shall exercise the following powers and functions:

a. Oversee the management of the protected area;

b. Identify the buffer zones for the protected area;

¢. Ensure harmonization of and approve policies, plans, programs, proposals,
agreements, and other related documents for the management of the protected area;

d. Adopt a manual of operations to include rules of procedures in the conduct of
business and the creation of committees and their respective terms of reference;

e. Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations, governing the management of the
protected area;

£ Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and other funds, in
accordance with existing accounting and budgeting rules and regulations;

g. Set fees and charges in accordance with existing guidelines;

h. Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;

Recommend appropriate policy changes to the DENR and other government
authorities for the continuous protection of the protected landscape;

Jj. Monitor and assess the performance of the Protected Area Superintendent

k, Recommend from among a list of qualified candidates, the designation or
appointment of the Protected Area Superintendent; and


1. Access the effectiveness of the management of the protected arca: Provided, That
the members of the management board representing the LGUs and national agencies
in the PAMB shall inform their respective constituents, offices or sectors, of
PAMB-approved or other relevant policies, rules, regulations, programs, and
projects and shall ensure that the provisions of this Act and its implementing rules
and regulations are complied with, and used as reference and framework in their
respective plans, policies, programs, and projects. Failure to comply with the
foregoing shall be the basis for disciplinary action against such member according
to administrative rules and regulations and such penalties as the PAMB may
provide: Provided, further, That the DENR, through the Regional Executive
Director, shall ensure that the PAMB acts within the scope of its powers and
functions. In case of conflict between the resolution issued by the PAMB and the

tion, the latter shall prevail

existing administrative orders of national appli

Section 9. Cabadbaran-Santiago Protected Landscape Management Office. ~ There is
hereby established a Protected Area Management Office, to be known as the Cabadbaran-
Santiago Protected Landscape Management Office (CSPLMO), to be headed by a Protected
Area Superintendent (PASu) with a permanent plantilla position. The PASu shall be the chief
operating officer of the CSPL and in charge of the management, protection and administration
of the protected area. The Protected Area Superintendent shalll be accountable to the PAMB.

Section 10. Powers and Functions of the Protected Area Superintendent. ~ The
Protected Area Superintendent shall exercise the following powers and functions:

a. Prepare the management and successor plans as herein provided;

b. Ensure the integration of the CSPL Management Plan, policies, programs,
proposals, agreements, and other related documents for the management of the
protected area with relevant national and LGUs’ plans and programs;

¢. Provide a secretariat for the PAMB to supply the latter with all information
necessary to make appropriate decisions;

d. Review, prepare and recommend to the PAMB approval of policies, plans,
programs, proposals, agreements, and other related documents for the management
of the protected area

€. Hire and supervise the necessary personnel to support operations as the budget
made available by the PAMB may allow;


f. Establish a productive partnership with the local communities, including groups
interested in the achievement of the goals and objectives of the protected area and
in the planning, protection and management thereof;

g. Develop and implement a park information, education and visitor program:

hh, Enforce the law, rules and regulations relevant to the protected area and assist in the
prosecution of offenses thereof;

i, Monitor all activities within the protected area for conformity with the management
plan;

J. Issue permits and clearances;

k. Collect and/or receive pertinent fees, charges, donations, and other revenues or
funds for the protected area;

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

Section 11. Preparation of CSPL Management Plan, — The Protected Area
Superintendent shall prepare a management plan in coordination with the appropriate offices
of the DENR, the barangays within the City of Cabadbaran and the Municipality of Santiago
and other neighboring barangays, the local communities and experts on tribal communities who
have experience in the particular cultures in the area. The management plan shall be reviewed,
approved and adopted by the PAMB and certified by the Secretary so that it conforms to all
laws, rules, and regulations of national application. In no case shall the management plan be
revised or modified without prior consultation with PAMB.

Within one (1) year from the effectivity of this Act, the management plan shall be put
into effect, in accordance with the Republic Act No. 7586, as amended by Republic Act No.
11038 and the procedure herein set forth. It contains, among others, the following:

a. Period of applicability of the plan;

b. Key management issues;

°

Goals and objectives of management;

d. Site management strategy

¢. Major management activities such as, but not limited to, enforcement of laws,
habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, fire and pest control;

f. Zoning

g. Visitor management programs; and

h. Income generating or livelihood activities


‘The Protected Area Superintendent shall prepare all successor plans two (2) years
before the expiration of the existing plans and shall cause the publication 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 consultations may be conducted on the successor plan
upon the written request of any interested party. The proposed plan shall be made available to
the public during the period for comment and the final version shall be made available for
public perusal at the office of the Protected Area Superintendent.

‘The zoning of the protected area shall give primary consideration to cultural, economic,
and social practices consistent with sustainable management principles by tenured migrants
and nearby communities for an appreciable length of time, unless such uses are deemed
detrimental to biodiversity conservation and the protection of the natural characteristics of the
protected area.

The management plan shall be prepared in a language understandable in the area,
plainly written and available for perusal anytime to the general public at the Office of Protected

Area Superintendent.

Section 12. Local Government Units. (LGUs). - The LGUs within the CSPL shall
participate in its management through representation in the PAMB as provided for in this Act.
Said LGUs may appropriate portions of their share from the annual national tax allotment and
other income for use of the protected area: Provided, That all funds directly coming from the
LGUs shall be exempted from the twenty-five percent (25%) remittance requirement for the
CSPL PAF under Section 22 hereof.

The LGUs shall continue to impose and collect other fees not enumerated under Section
22 hereof which they have traditionally collected, such as business permits and rentals of LGU
facilities: Provided, That the LGUs shall not impose property tax on properties owned by the
government nor issue any tax declarations for areas covered by the protected area. Furthermore,
LGUs may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall
be based on the contribution of the LGUs in the maintenance and protection of the CSPL.

LGUs with territory inside protected areas shall align their Comprehensive Land Use
Plans, local development plans, disaster risk reduction and management plans and other
required plans according to the objectives specified herein and in the protected area
management plans. Within six (6) months from the approval of the protected area management


plan, tho PAMB and the PASu chall collaborate with the LGU concerned in the formulation of
the CLUP and other local plans and in the enforcement thereof.

‘The LGUs within the CSPL shall also extend support to the PAMB by apprising
stakeholders of activities and programs of the CSPL and providing the PAMB with relevant
information and data for the effective management of the CSPL, among others.

LGUs may also aceredit POs, NGOs, and other entities and groups involved in activities
within the protected area

Section 13. Ancestral Domain and Customary Rights. — All ancestral domains and
customary rights shall be accorded due recognition.

As part of heritage preservation and pursuant to the need to conserve biologically
significant areas, the territories and areas occupied and conserved for and by Indigenous
Peoples and communities shall be recognized, respected, developed, and promoted.

The Indigenous Cultural Communities and Indigenous Peoples concerned shall have
the responsibility to govern, maintain, develop, protect, and conserve such areas, in accordance
with their indigenous knowledge systems and practices and customary law, with full and

effective assistance from the relevant government agencies.

Section 14, Existing Rights within the CSP1..— All property and private rights within the
CSPL and its buffer zones already existing and/or vested upon the effectivity of this Act shall
be protected and respected in accordance with existing laws: Provided, That the exercise of
such property and private rights shall be harmonized, as far as practicable, with the provisions
of this Act, Notwithstanding this Act, all existing rights, contracts, or agreements entered into

by government for utilization of natural resources within protected areas shall continue to be
recognized and governed by Philippine laws.

‘The renewal of petmits, contracts, and agreements shall be subject to the provisions of
this Act. If the permits, contracts, agreements are not renewed, such areas shall be rehabilitated
or restored by the permit holders within the period provided by the pertinent laws and shall
revert to the protected landscape classification. As such, all holders of permits, contracts, and
agreements are required to prepare and submit a rehabilitation plan to the
PAMB: Provided, That upon renewal, a sufficient bond shall be remitted by the proponent to
the CSPL PAF to be released to the depository bank in the event of damage by a closure of the
establishment after satisfactory rehabilitation according to the zones and objectives of the
‘management plan as attested to by the PAMB.


The occupation of existing LGUs and communities within the protected area shall be
respected. Within ninety (90) days after the creation of the PAMB, the Board shall assess the
physical occupation of said LGUs and communities within protected areas and recommend to
proper authorities measures to ensure the protection of their well-being. In the development of
their CLUPs and barangay development plans, existing LGUs and communities shall give due

consideration to the objectives of this Act.

Section 15. Tenure Migrants and Other Protected Area Occupants. ~ Tenure migrants
shall be cligibile to become stewards of portions of lands within multiple-use zones, The
PAMB shall identify, verify and review all tenurial instruments, land claims, issuances of
permits for resource use within the CSPL and recommend the issuance of the appropriate tenure
instrument consistent with the zoning provided in the management plan and the provisions of
this Act.

Should areas occupied by tenured migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development, the provision for the transfer of the tenure migrants to multiple-use zones or
buffer zones shall be accomplished through just and humane means: Provided, That protected
area occupants who are not qualified as tenured migrants shall be resettled outside the protected
area,

Seetion 16. Existing Facilities Within the Protected Area. Within sixty (60) days from
the effectivity of this Act, the PASu shall conduct an inventory of all existing facilities such as

roads, buildings and structures, water systems, transmission lines, communication facil

heavy equipment, and irrigation facilities, among others, within the protected area.

‘The PASu shall submit the inventory of the facilities with corresponding descriptions
and an assessment report containing the appropriate recommendations to the PAMB.

‘The PAMB, with the assistance of the DENR, may impose conditions for the
continuous operation of facility found to be detrimental to the protected area until its eventual
relocation. Ifthe conditions are violated, the owner of the facility shall bemade liable pursuant
to Section 20 (d) hereof.

Existing facilities allowed to remain within the protected area shall be charged a
reasonable fee by the PAMB.

Section 17. Special Uses Within Protected Areas. - Special uses may be allowed within
the CSPL. The PAMB may recommend the issuance of tenurial instrument subject to


compliance to Environmental Compliance Certificate and payment of corresponding user fee
equivalent to five percent (5%) of the zonal value of commercial land within the nearest
barangay or municipality where the project is located multiplied by the area of development
plus one percent (1%) value of improvement as premium: Provided, That the activity shall not
be detrimental to ecosystem functions and biodiveristy, and cultural practices and traditions.

A sufficient bond shall be remitted by the proponent to the CSPLMO to be released to
the depository bank in the event of damage by or closure of the establishment after the
satisfactory rehabilitation according to the zones and objectives of the management plan as
attested by the PAMB.

Section 18. Exploration, Exploitation, and Utilization of Energy Resources. ~ Surveys
for nonrenewable energy projects shall be conducted within the CSPL only in accordance with
a program approved by the PAMB with the concurrence of the Secretary of DENR. Energy
projects, renewable or otherwise, shall be permitted only through an act of Congres: Provided,
that exploitation of renewable energy up to three (3) megawatts capacity shall be exempt from
such requirement.

Section 19. Prohibited Acts. ~ Except as may be allowed by the nature of their
categories and pursuant to rules and regulations governing the same, the following acts are
prohibited within CSP:

a. Poaching, killing, destroying, disturbing of any wildlife including in private lands
within protected areas;

b. Hunting, taking, collecting or possessing of any wildlife, or by-products derived
therefrom, including in private lands within the protected are without the necessary
permit, authorization or exemption: Provided. That the PASu as authorized by the
PAMB shall issue a permit, authorization or exemption only for culling, scientific
research, the exceptions provided under Section 27(a) of Republic Act No. 9147
(Wildlife Resources, Conservation and Protection Act) or harvests of nonprotected
species in multi-use zones by tenured migrants and IPs;

c. Cutting, gathering, removing or collecting timber within the protected area
including private lands therein, without the necessary permit, authorization,
certification of planted trees or exemption such as for culling exotic species; except,
however, when such acts are done in accordance with the duly recognized practices
of the IPs/ICCs for subsistence purposes;


. Possessing or transporting outside the protected area any timhor, forest products,
wildlife, or by-products derived therefrom which are ascertained to have been taken
from the protected area other than exotic species, the culling of which has been
authorized under an appropriate permit;

. Using any fishing or harvesting gear and practices or any of their variations that

destroys coral reefs, seagrass beds or other marine life and their associated habitats
or terrestrial habitat as may be determined by the DA or the DENR: Provided, That
mere possession of such gears within the protected areas shall be prima facie
evidence of their use;
Dumping, throwing, using, or causing to be dumped into or placed in the protected
area of y toxic chemical, noxious or poisonous substance or non-biodegradable
material, untreated sewage or animal waste of products whether in liquid, solid or
gas state, including pesticides and other hazardous substance as defined under
Republic Act No. 6969, otherwise known as the “Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990 detrimental to the protected area, or to
the plants and animals or inhabitants therein;

;. Operating any motorized conveyance within the protected area without permit from
the PAMB, except when the use of such motorized conveyance is the only practical
means of transportation of IPs/ICCs in accessing their ancestral domain/land;

. Altering, removing, destroying or defacing boundary marks or signs;

Engaging in ‘kaingin’ or, in any manner, causing forest fires inside the protected
area;

Mutilating, defacing, destroying, excavating, vandalizing or, in any manner,
damaging any natural formation, religious, spiritual, historical sites, artifacts and
other objects of natural beauty, scenic value or objects of interest to IPs/ICCs;

. Damaging and leaving roads and trails in damaged condition;

Littering or depositing refuse or debris on the ground or in bodies of water;

|. Possessing or using blasting caps or explosive anywhere within the protected area;

. Occupying or dwelling in any public land within the protected area without
clearance from the PAMB;

. Constructing, erecting, or maintaining any kind of structure, fence or enclosure,
conducting any business enterprise within the protected area without prior clearance
from the PAMB and permit from the DENR, or conducting these activities in a
‘manner that is inconsistent with the management plan duly approved by the PAMB;


p. Undertaking minoral exploration or extraction within the protested area;

4g. Engaging in commercial or large-scale quarrying within the protected area;

t. Establishing or introducing exotic species, including GMOs or invasive alien
species within the protected area;

s. Conducting bioprospecting within the protected area without prior PAMB clearance
in accordance with existing guideline: Provided, ‘That in addition to the penalty
provided herein, any commercial use of any substance derived from no permitted
bio prospecting within a protected area will not be allowed and all revenue earned
from illegal commercialization thereof shall be forfeited and deposited as part of
the CSPL PAF;

t. Prospecting, hunting or otherwise locating hidden treasures within the protected
areas;

u. Purchasing or selling, mortgaging or leasing lands or other portions of the protected

instrument; and

area which are covered by any ten

v. Constructing any permanent structure within the forty (40)-meter easement from
the high water mark of any natural body of water or issuing a permit for such
construction pursuant to Article 51 of Presidential Decree No. 1067: Provided, That
construction for common usage wharves and shoreline protection shall be permitted
by the PAMB only after the conduct of a thorough Environmental Impact
Assessment.”

Section 20. Penalties. — Violations under this Act shall be subject to the following
penalties:
a. A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P100,000) or imprisonment from one (1) year but not more than
six (6) years, or both, plus damages of triple the value of the said resources, or both,
shall be imposed upon any person who violates paragraphs (a) to (¢) of Section 15
herein;
b. A fine of not less than Two hundred thousand pesos (P200,000) but not more than
One million pesos (P1,000,000) or imprisonment from one (1) year but not more
than six (6) years, or both, shall be imposed upon any person who violates
paragraphs (f) to (n) of Section 15 herein;
c. A fine of not less than One million pesos (P1,000,000) but not more than Five
million pesos (P5,000,000) or imprisonment from six (6) year but not more than


twelve (12) yoars, or both, shall be imposed upon any person who violates
paragraphs (0) to (v) of Section 15 herein;

d. A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of
existing facilities within the CSPL, if the existence of the same and its future plans
and operations will be detrimental to the protected area. For every continuing
violation, or if the violation continues to be committed for thirty (30) days and upon
reaching a total fine of Five hundred thousand pesos (P500,000), the PAMB through
the PASu and other deputized government entities, shall cause the cessation of,
operation and either forfeit in favor of the CSPLMO or demolish the facility at cost
of its owner. If the facility is govemment-owned, the agency in charge shall submit
a plan for a substitute facility that complies with the protected area standards and,
within one (1) year, execute the approved protected area management plan;

¢. Administrative fines of not less than Fifty thousand pesos (P50,000), but not
exceeding Five million pesos (P5,000,000), shall be imposed by the DENR
Secretary for the violation of any rule, regulation, or provision of any agreement
reached with the PAMB: Provided, That if an area which has sustained damage
from any activity conducted therein requires rehabilitation or restoration as
determined by the court, the offender shall be required to restore or pay
compensation for such damages, which payment shall accrue to the CSPL PAF.

‘On the basis of a court order, the DENR shall cause the eviction of an offender from
the protected area: Provided, that in case of emergency, the DENR Secretary may order the
immediate exit or departure of the offender from the protected area. The DENR Secretary may
call on other enforcement agencies to assist in executing the order to vacate.

An emergency occurs when there is a demonstrated impending threat to human life and
biodiversity or to species found within the ecosystem of the protected area.

All minerals, timber or species collected or removed from the protected area, including
all equipment, devices, conveyances, and firearms used in connection therewith, shall be
forfeited in favor of the government, and any construction or improvement made thereon by
the offender shall be subject to confiscation by the CSPLMO, subject to the application of due
process.

‘The conveyances, vessels, equipment, paraphernalia, implements, gears, tools, and
similar devices used in the commission of the crime shall be dealt with the accordance with
Part 4, Rule 12 (Custody and Disposition of Seized Items, Equipment, Paraphernalia,
‘Conveyances and Instruments) of Administrative Matter No. 09-6-8-SC (Rules of Procedures


for Environmental Cases) isoued by the Supreme Court. However, in no case shall any
confiscated or rescued protected animal species be sold or in any manner disposed of but shall
be immediately turned over to the CSPLMO for rehabilitation and release to its natural habitat,
subject to existing regulations. Valuation of the damage shall take into account biodiversity
and conservation considerations as well as aesthetic and scenic view. The valuation and
assessment by the DENR, in coordination with other concerned government agencies, shall be
presumed regular, unless otherwise proven by the preponderance of evidence.

Ifthe offender is an association or corporation, the president or manager, who is proven
to have participated in or have actual knowledge of any violation against the provisions of this
Act shall be directly liable for the act of the employee and laborers:

Any person who shall induce another or conspire to commit any of the mentioned
prohibited acts, or force their workers to commit any of the same, shall be liable as principal.

The penalties specified in this section shall be in addition to the penalties provided in
the Republic Act No. 9072 or the ‘National Caves and Cave Resources Management and
Protected Act’, Republic Act No. 9147 or the ‘Wildlife Resources Conservation and Protection
Act’, Republic Act No. 8550 or the ‘Philippine Fisheries Code of 1998" and other related laws.

The conviction of a public officer or officer of the law whether ftom the LGU or any
national government agency for any violation of the provisions of this Act shall carry the
accessory penalty of perpetual disqualification from the public office.

Section 21. Special Prosecutors and Retained Counsel. ~ Within thirty (30) days from
the effectivity of this Act, the Department of Justice (DOJ) shall designate a special prosecutor
to whom all cases of violation of laws, rules and regulations within the CSPL shall be assigned,
Such special prosecutor shall coordinate with the PAMB and the PASu in the performance of
his/her duties and assist in the training of wardens and rangers in arresting and prosecuting
violators of this Act. The PAMB may retain the services of a private counsel for the prosecution
of cases under the direct control and supervision of the regular or special prosecutor. Said
counsel shall also represent and defend the members of the PAMB, PASu and the staff, against
any legal action arising from the performance of their powers, functions and responsibil

provided in this Act.

Section 22. CSPL Protected Area Fund, - There is hereby established a trust fund to
be known as the CSPL Protected Area Fund (CSPL PAF) for purposes of financing projects
and sustaining the operation of the CSPL. All income generated from the operation and


management of the CSPL shall accrue to the fund. The ineome shall be derived from feos and
charges from the use of resources and facilities of CSPL, contributions from industries and
facilities directly benefiting from the CSPL, and such other fees and income derived from the
operation of the protected area.

‘The PAMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited in the Protected Area-Retained Income Account (PA~
RIA) in any authorized government depository bank within the locality: Provided, That
disbursement out of such deposits shall be used solely for the protection, maintenance,
administration, and management of the protected area and implementation of duly approved
projects of the PAMB.

The fund may be augmented by grants, donations, and endowments from various
sources, domestic or foreign: Provided, That such augmentations shall be deposited in full in a
special account in the National Treasury to be used for the purpose specified in the deeds and
instruments covering them,

‘The remaining twenty-five percent (25%) of revenues shall be deposited as a special
account in the General Fund in the National Treasury for purposes of financing the projects of
the CSPL.

The use of the CSPL PAF shall be in accordance with existing accounting, budgeting,
and auditing rules and regulations: Provided, further, That the CSPL PAF shall not be used to
cover personal services expenditures.

Section 23. Tax Exemption. — All grants, bequests and endowments, donations and
contributions made to the CSPL PAF to be used actually, directly, and exclusively by the CSPL,
shall be exempted from donor's tax and shall be considered as allowable deduction from the
gross income of the donor for the purpose of computing the taxable income of the donor in
accordance with the provisions of the National Internal Revenue Code of 1997, as amended

Section 24. Appropriations. — The Secretary of the DENR shall immediately include in
the DENR’s program the implementation of this Act, the funding of which shall be included in
the annual General Appropriations Act.

Section 25. Construction and Interpretation. — The provisions of this Act shall be
construed liberally in favor of the protection and rehabilitation of the Cabadbaran-Santiago
Protected Landscape and the conservation and restoration of its biological diversity, taking into