SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
" ? 
\ ) 
~1:,n21tr 
t9Hl;r tlf tl~; ~~l'n'[-bfV 
JUL -1 
r:wo '70 
, 
I j/, ", 
" 
SENATE. 
. ".,.10 
S.No ~1, 
'-0-
------------------------------------------------------------------------------------------------------------
Introduced by SENATOR PIA S. CAYETANO 
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EXPLANATORY NOTE 
This bill seeks to declare the Bessang Pass Natural Monument I Landmark in the 
Municipality of Cervantes, lIocos Sur as a protected area. 
The Bessang Pass Natural Monument I Landmark, which covers 1,121.1083 
hectares, bears a unique and lush biological and hydrological features. Naturally growing 
in this area is a pine forest as well as a mossy type forest. The Bessang Creek and 
Matukbo River which provides fresh water year round is located within this area. The 
park is, similarly, home to a diverse wildlife of 29 species of birds and five mammals and 
reptiles represented by a monitor lizard and different species of snakes. 
Recognizing 
the 
value 
of 
this 
area, 
the 
Bessang 
Pass 
Natural 
Monument/Landmark was established by virtue of Presidential Proclamation No. 55, 
dated August 10, 1954 and later affirmed through Presidential Proclamation No. 284 
dated April 23, 2000. 
This bill, therefore, seeks to declare the Bessang Pass Natural Monument I 
Landmark as protected in order to protect it from indiscriminate exploitation and to be 
able to maintain its ecological balance and preserve its source of water supply. 
Given the importance of biodiversity, it is deemed crucial that we act on these 
now to ensure that our children and the succeeding generations will inherit a living earth 
with all of its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged, 
SENid. ry.iNO 


.l\lerWf;? 
SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
First Regu/ar Session 
(()!fl;r HI !}If i-?O'l'"f,!lr~ 
SENATE 
S. No. 321 
'13 
JUL 
. 
. 
-J f'i2 :20 
------------------------------------------------------ ----------------------------------------------~-~-----
Introduced by SENATOR PIA S. CAYETANO 
AN ACT 
ESTABLISHING THE BESSANG PASS NATURAL MONUMENT/LANDMARK IN THE 
MUNICIPALITY OF CERVANTES, ILOCOS SUR AS A PROTECTED AREA AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION. 1. Title. - This Act shall be known as the "Bessang Pass Natural 
2 
Monument/Landmark (BPNML) Act of 2013." 
3 
SEC. 2. Dec/aration of Policy. - Cognizant of the unique Biological Resources 
4 
and the aesthetic, economic and ecological importance of BPNML, it is hereby declared 
5 
the policy of the State to protect and preserve its natural Biodiversity and to promote the 
6 
welfare of the human communities therein, their culture and way of life insofar as they 
7 
are in harmony with nature. It shall further be the policy of the State to promote the 
8 
BPNML, with the end view of fostering widespread awareness and concern for the 
9 
same. Towards this end, the state shall undertake to carry out comprehensive and 
10 
holistic promotions, training and information campaign programs for the benefit of the 
II 
general public, in pursuance of the duty of the State to uphold the primacy of protecting, 
12 
preserving and promoting these resources. 
13 
Finally, it shall be the policy of the State to encourage the participation of the 
14 
private sector and the Local Government Units in the protection, preservation and 
15 
promotion of the BPNML. 
16 
SEC. 3, 
Definition of Terms. -
For purposes of this Act, the following 
\ 17 
terms shall be defined as follows: 
18 
(a) "Ancestral Domain" refers to all areas generally belonging to Indigenous 
19 
Cultural Communities or Indigenous People (ICCs/lPs) comprising lands, inland waters, 
20 
coastal areas, and natural resources therein, held under a claim of ownership. occupied 
21 
or possessed by the ICCs/IPs, by themselves or thru their ancestors, communally or 
22 
individually since time immemorial, continuously to the present except if interrupted by 
23 
war, force majeure or displacement by force, deceit, stealth or as a consequence of 
24 
government projects or any other voluntary dealings entered into by government or 
25 
public individuals/corporations, and which are necessary to ensure their economic, 
2 


social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, 
2 
agricultural, and other lands individually owned whether alienable and disposable or 
3 
otherwise, Hunting grounds, burial grounds, worship areas, bodies of water, Mineral and 
4 
other natural resources, and lands which may no longer be exclusively occupied by 
5 
ICCs/IPs but from which they traditionally had access to for their subsistence and 
6 
traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic 
7 
and/or shifting cultivators; 
8 
(b) "Biodiversity" refers to variety and variability among living organisms and the 
9 
ecological complexes in which said organisms occur; 
10 
(c) "Biological Resources" include genetic resources, organisms or parts thereof, 
II 
population, or any other biotic component of ecosystems with actual or potential use or 
12 
value for humanity; 
J3 
(d) "Bioprospecting" means the research, Collection and utilization of biological 
14 
and genetic resources for purposes of applying the knowledge derived therefrom solely 
15 
for commercial purposes; 
16 
(e) "Buffer Zone" refers to identified areas outside the boundaries of and 
'17 
immediately adjacent to designated BPNML pursuant to Section 8 of the NIPAS Act 
18 
that need special development control in order to avoid or minimize harm to the 
19 
BPNML; 
20 
(f) "By-products or Derivatives" mean any part taken or substance extracted from 
21 
Wildlife, in raw or in processed form. This Includes stuffed animals and herbarium 
22 
specimens; 
23 
(g) "Collection or collecting" refers to the act of gathering or harvesting Wildlife, its 
24 
By-products or Derivatives; 
25 
(h) "Conservation" means preservation and sustainable utilization of Wildlife, 
26 
and/or maintenance, restoration and enhancement of the Habitat; 
27 
(i) "Endangered Species" refer to species or subspecies of flora and fauna that is 
28 
not critically endangered but whose survival in the wild is unlikely if the causal factors 
29 
continue operating; 
30 
(il "Endemic Species" refer to species or subspecies of flora and fauna which is 
31 
naturally occurring and found only within specific areas in the country; 
32 
(k) "Exotic Species" refer to species or subspecies of flora and fauna which do not 
33 
naturally occur within the Protected Area at present or in historical time; 
34 
(I) "Habitat" means a place or type of environment where a species or subspecies 
35 
naturally occurs or has naturally established its population; 
36 
(m) "Hunting" refers to Collection of wild fauna for food and/or recreational 
37 
purposes with the use of weapons such as guns, bow and arrow, spear and the like; 
3 


(n) "Indigenous Cultural Communities or Indigenous People (ICCI IPs)" refer to a 
2 
group of people or homogenous societies identified by self-ascription and ascription by 
3 
others, who have 'continuously lived as organized community on communally bounded 
4 
and defined territory, and who have, under claims of ownership since time immemorial, 
5 
occupied, possessed and utilized such territories, sharing common bonds of language, 
6 
customs, traditions and other distinctive cultural traits, or who have, through resistance 
7 
to political, social and cultural inroads of colonization, non-indigenous religions and 
8 
cultures, became historically differentiated from the majority of Filipinos. IPs shall 
9 
likewise include peoples who are regarded as indigenous on account of their descent 
10 
from tile populations Which inhabited the Country, at the time of conquest or 
II 
colonization, or at the time of inroads of non-indigenous religions and cultures, or the 
12 
establishment of present state boundaries, who retain some or all of their own social, 
13 
economic, cultural and political institutions, but who may have been displaced from their 
14 
traditional domains or who may have resettled outside their Ancestral Domains; 
15 
(0) "Management Plan" refers to the fundamental plan, strategy and/or scheme 
16 
which shall guide all activities relating to the BPNML in order to attain the objectives of 
17 
this Act; 
18 
(p) "Mineral" refers to all naturally occurring inorganic substance in solid, gas, 
19 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
20 
natural gas, radioactive materials, and geothermal energy; 
21 
(q) "Multiple-Use Zone" refers to an area where settlement, traditional and/or 
22 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
23 
income generating or livelihOod activities, may be allowed to the extent prescribed in the 
24 
Integrated Protected Area Plan (IPAP)I Protected Area Management Plan (PAMP); 
25 
(r) "National Integrated Protected Areas System (NIPAS)" refers to the 
26 
classification and administration of all designated Protected Areas to maintain essential 
27 
ecological processes and life-support systems, to preserve genetic diversity, to ensure 
28 
sustainable use of resources found therein, and to maintain their natural conditions to 
29 
the greatest extent possible; 
30 
(s) "National Park" refers to the land of the public domain classified as such in the 
31 
1987 Constitution which Include all areas under the NIPAS pursuant to RA 7586 
32 
primarily designated for the ConserVation of native plants and animals, their associated 
33 
Habitats and cultural diversity; 
34 
(t) "Natural Monument" refers to a relatively small area focused on protection of 
I 35 
small features to protect or preserve nationally Significant natural features on account of 
36 
their special interest or unique characteristics; 
37 
(u) "Non-Government Organization (NGO)" refers to an agency, institution, 
38 
foundation 
or 
a group 
of persons 
whose 
purpose 
is 
to 
assist 
peoples 
4 


organizations/associations in various ways including, but not limited to, organizing, 
2 
education, training, research and/or resource accessing; 
3 
(v) "People's Organization (PO)" refers to a group of organized migrant 
4 
communities and or interested indigenous peoples which may be an association, 
s 
cooperative, federation, or other legal entity, established to undertake collective action 
6 
to address community concerns and needs, and mutually share the benefits of the 
7 
endeavor; 
8 
(w) "Protected Area (PAl" refers to any identified portions of land and water set 
9 
aside by reason of their unique physical and biological significance, managed to 
10 
enhance biological diversity and protected against destructive human exploitation; 
II 
(x) "Protected Area Management Board (PAMB)" refers to a multi-sectoral policy-
12 
making body for Protected Areas created In accordance with RA 7586 or the NI PAS Act 
13 
of 1992; 
14 
(y) "Protected Area Superintendent (PASu)" refers to the chief operating DENR 
15 
officer in the BPNML; 
16 
(z) "Quarrying" means the process of extracting, removing and disposing quarry 
17 
resources found on or underneath the surface of private or public land; 
18 
(aa) "Special Use Zone" refers to an area containing existing installations of 
19 
national significance, such as telecommunication facilities, irrigation canals or electric 
20 
power lines; 
\ 
21 
(bb) "Sustainable Use" means the use of components of biological diversity in a 
22 
way and rate that does not lead to the long-term decline of biological diversity, thereby 
23 
maintaining its potential to meet the needs and aspirations of present and future 
24 
generations; 
25 
(cc) "Tenured Migrants" refers to forest occupants who have actually and 
26 
continuously occupied a portion of the BPNML and is solely dependent therein for 
Z7 
subsistence. 
A BPNML occupant is understood to be "solely dependent for 
28 
subsistence" when everything indispensable for survival for the household, including 
29 
food, clothing, shelter and health, comes only from the utilization of resources from the 
30 
BPNML; and 
31 
(dd) "Wildlife" means wild forms and varieties of flora and fauna, in all 
32 
developmental stages, including those which are in captivity or are being bred or 
33 
propagated. 
34 
SEC. 4. Scope and Coverage. - Pursuant to R. A. No. 7586 otherwise known as 
35 
the National Integrated Protected Areas System Act of 1992 (NIPAS Act), Bessang 
36 
Pass which is located within the Municipality of Cervantes, Province of 1I0cos Sur, is 
37 
hereby declared as permanent component of the NIPAS under the category of Natural 
38 
Monument/Landmark. The boundaries of BPNML shall be as follows: 
5 


Beginning at a point mark "I" on the map being S 66' 00' W 3,300 meters from 
2 
Corner 10, Project No. 13, Black 23 of A & D, LC Map No. 1276; 
\ 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
IS 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
N 20"33'16" E 
N 69" 26' 03" E 
S 78' 25' 37" E 
S 20' 56' 52" W 
N 61' 42' 05" W 
S 70' 33' 48" W 
N 46' 50' 14" W 
N 28' 01' 24" W 
N 64' 40' 35"W 
N 49' 26' 06" E 
N 64' 25' 41" E 
N 38' 54' 52" W 
1,378.61 m to 
748.68 m. to 
1,638.91 m to 
3,398.48 m to 
948.03 m 
to 
631.17m· to 
535.10 m 
to 
292.90 m 
to 
352.89 m 
to 
490.84 m 
to 
659.42 m 
to 
424.16m 
to 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
Corner 
2; 
3; 
4' 
5; 
6' 
7; 
8; 
9; 
10; 
11 ; 
12; 
13; 
16 
the point of beginning containing an area of Six Hundred Ninety-Three and 
17 
32/100 (693.32) hectares. 
18 
The DENR· National Mapping and Resource Information Authorit'l 
19 
(NAMRIA) shall validate the technical descriptions provided in this Act through 
20 
ground surve'l/demarcation and shall create appropriate maps therefor. Any 
21 
modification of the coverage of this Act due to such factors as changing ecological 
22 
situations, new scientific or archeological findings, or discovery of traditional boundaries 
23 
not previously taken into account shall be made through an act of Congress, after 
24 
consultation with the affected public and concerned governrnent agencies. 
25 
26 
SEC. 5. 
Establishment of Bessang Pass Natural Monument/Landmark 
27 
Buffer Zone. - There shall also be established Buffer Zone for the BPNML more 
28 
particularly described as 'follows: 
29 
30 
31 
32 
33 
Beginning at a paint rnarked "I" on the map Which is Identical to Corner "I" of the 
34 
35 
37 
38 
39 
Bessang Pass Natural Monument! Landmark: 
Thence 
S 39' 25' 33" E 
423.74 m 
Thence 
S 64" 36' 26"W 
594.36 m 
Thence 
S 49' 28' 50" W 
486.42 rn 
Thence 
S 65' 09' 42" E 
353.94 m 
Thence 
S 28' 30' 53" E 
282.05 m 
Thence 
S47"21'05"E 
535.22 m 
Thence 
N 70' 20' 13" E 
636.30 rn 
to 
Corner 2; 
to 
Corner 3; 
to 
Corner 4; 
to 
Corner 5; 
to 
Corner 6; 
to 
Corner 7; 
to 
Corner 8; 
6 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
S 62° 11' 41" E 
N 21° 09'16" E 
S 78° 00' 50" E 
S 19° 50' 34" W 
N 61° 48' 02"W 
S 69° 39' 22" W 
N 46° 38' 29" W 
N 27' 28' 38" W 
N 64° 50' 04" W 
N 64° 50' 04" W 
N 50° 30' 41" E 
N 38° 33' 59" W 
N 21' 39' 12" E • 
S 74° 03' 35" E 
950.43 m 
to 
Corner 9; 
3,426.93 m 
to 
Corner 10; 
505.80 m 
to 
Corner 11; 
4,012.37 m 
to 
Corner 12; 
1,255.92 m 
to 
Corner 13; 
623.72 m 
to 
Corner 14; 
910.10m 
to 
Corner 15; 
218.41 m 
to 
Corner 16; 
355.95 m 
to 
Corner 17; 
514.15m 
to 
Corner 15; 
1,178.64 m 
to 
Corner 19; 
376.64 m 
to 
Corner 20; 
952.02 m 
to 
Corner 21; 
505.78 m 
to 
Corner 22; 
14 
15 
16 
Thence 
S 20° 20' 38" W 
838.32 m 
to 
Corner 23, the point 
of beginning containing an containing an area of Four Hundred Twenty-Seven 
17 
and 79/100 (427.79) hectares subject to ground verification and demarcation by 
18 
the DENR upon the effectivity of the Act. 
19 
SEC. 6. Land Classification. -
All lands of the public domain comprising the 
20 
Bessang Pass Natural Monument/Landmark shall fall under the classification of 
21 
National Park as provided for in the Philippine Constitution. 
22 
SEC.7 .. Management of Bessang Pass Natural Monument/Landmark. - There is 
23 
hereby created a Management Board which shall have sole jurisdiction, power and 
24 
authority over the BPNML for all matters that may affect Biodiversity Conservation, 
25 
protection and sustainable development. It shall be composed of: 
126 
(1) The Regional Executive Director (RED) of the Department of Environment and 
27 
Natural Resources Regional Office No.1 (DENR I), as chairperson; 
28 
(2) The Provincial Planning and Development Officer (PPDO) of lIocos Sur; 
29 
(3) The Mayor of the Municipality of Cervantes or his/her duly designated 
30 
representative; 
31 
(4) One representative from each barangay covering the BPNML; 
32 
(5) At least three (3) representatives from the 
local Non-Government 
33 
Organizations (NGOs) with stakes in the BPNML and preferably with track records 
34 
related to the protection and management of the Protected Area, to be chosen from 
35 
among themselves; 
36 
(6) At least two (2) representatives ·from local People's Organization (POs) with 
37 
stakes In the BPNML and preferably with track records related to the protection and 
38 
management of the Protected Area, chosen from among themselves; 
7 


(7) One representative from each tribal community within the BPNML; and 
2 
(8) One representative from government agencies involved in the BPNML 
3 
management, as needed. 
4 
Each member of the Management Board shall serve for a term of five (5) years 
5 
and shall be considered to represent his or her sector and deemed to carry the vote of 
6 
such sector in all matters. In the case of members who are government officials, their 
7 
appointment shall be co"terminus with their term of office. 
8 
The members of the Management Board shall be appointed by the Secretary of the 
9 
DENR ill conformity with the provisions of the NIPAS Act. As a transitory provision, the 
10 
initial members of the Management Board shall be nominated from the current 
11 
members of the intenm Management Board of the BPNML. Provided, that at least one" 
12 
third (1/3) of the members shall be women. Representation shall be by institution and 
'13 
shall aim to achieve balance in representation by geographic location or areas. 
14 
The representatives from the Local Government Units (LGUs) and national 
15 
agencies in the Management Board shall include among their duties, the duty to inform 
16 
their respective constituents, office or sector of Management Board approved or other 
17 
relevant policies, rules, regulations, programs and projects and, to ensure that the 
18 
provisions of this Act, NIPAS Act and its Implementing Rules and Regulations are 
19 
observed, complied with, and used as reference and framework in their respective 
20 
plans, poliCies, programs and projects. Failure to comply with the foregoing shall subject 
21 
such representative to disciplinary action as the Management Board may provide. 
22 
The members of the Management Board shall not receive any salary but shall be 
23 
entitled to reimbursements for actual and necessary expenses incurred, either in their 
24 
attendance in meeting of the Management Board or in connection with other official 
25 
business authorized by a resolution of the Board, subject to eXisting rules and 
26 
regulations. 
27 
SEC. 8. Powers and Functions of the BPNML Management Board. -The 
28 
Management Board, which shall decide by consensus or majority vote, shall have the 
29 
following roles and responsibilities in addition to the duties and functions provided under 
30 
RA 7586 or the NIPAS Act of 1992 and its implementing rules and regulations: 
31 
(1) 
Issue all rules and regulations to prohibit acts that may be prejudicial to the 
32 
BPNML and to the declaration of policy set forth under the NIPAS; 
33 
(2) Issue rules and regulations for the resolution of conflicts through appropriate 
34. 
and effective means; 
35 
(3) Adopt rules and procedures in the conduct of business, including the creation 
36 
of committees to whom its powers may be delegated; 
37 
(4) Approve the Management Plan and oversee the office of the PASu; 
8 


(5) Establish criteria and set fees for the issuance of permits for activities regulated 
2 
by this Act or the Management Pian; 
3 
(6) 
Recommend the deputization of appropriate individuals, including looal 
4 
community leaders for the enforcement of this Act and other laws, rules and regulations 
5 
governing conduct in the BPNML and its Buffer Zone; 
6 
(7) Approve fees and charges in accordance with existing policies and guidelines 
7 
and raise funds for the BPNML; 
8 
(8) Report to the DENR, on a quarterly basis, the status of the implementation of 
9 
this Act, with emphasis on the disbu.rsement of funds appropriated for the execution of 
10 
the various policies and programs hereunder, and on the status of cases for the 
11 
prosecution of the violations of this Act; 
12 
(9) Formulate programs for the promotion, training and information dissemination 
13 
pertaining to the BPNML and its significance as a vital natural resource of the country. 
14 
(10) Manage the allocation of the BPNML Fund, and other funds for the BPNML, 
15 
ensure their proper administration and render accounting; and 
16 
(11) Recommend appropriate policy reforms to the DENR and other government 
17 
authorities, 
18 
The DENR, through the RED, shall ensure that the Management Board acts within 
19 
the scope of its powers and functions. In case of conflict between administrative orders 
20 
issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the 
21 
Management Board, such conflict shall be referred by the Management Board to the 
22 
Secretary of the DENR who shall decide whether to apply the rule or withdraw its 
23 
application from the BPNML. 
The decision of the Secretary shall be guided by a 
24 
preference to, local initiative and specific pOlicies enacted by the Management Board. 
25 
SEC. 9. The Protected Area Superintendent (PASu) Office. - The PASU Office 
26 
is hereby created within the DENR regional office to be headed by the PASu who shall 
27 
serve as the chief operating DENR officer of the entire BPNML. The PASu shall be 
28 
acoountable to the Management Board. 
29 
The PASu shall have full responsibility for the protection of land, water, Wildlife 
30 
and other natural physical and Biological Resources within the BPNML. As such, the 
I 
31 
PASu shall have the following duties and responsibilities in addition to those provided 
32 
under the NIPAS Act and its implementing rules and regulations: 
33 
(1) Establish, operate and maintain a database management system as deCision 
34 
support tool; 
35 
(2) Initiate the preparation of tbe Management Plans as herein defined; 
36 
(3) Provide a secretariat for the Management Board and provide the Management 
37 
Board with all the necessary and timely information to make appropriate decisions for 
38 
the Implementation of this Act; 
9 


(4) Enforce the laws, rules and regulations relevant to the BPNML, institute and file 
2 
legal action independently or in collaboration with other government agencies or 
3 
organizations and assist in the prosecution of offenses committed in violation of this 
4 
Act; 
5 
(5) Monitor all activities within the BPNML to ensure its conformity with the 
6 
Management Plan; 
7 
(6) Implement the promotion, training and information campaign programs as 
8 
formulated by the Management Board; 
9 
(7) Report to the Management Board, on a quarterly basis, the status of the 
10 
implementation of the various programs under this Act, such as, but not limited to, the 
II 
database management system, the Management Plan of the SPNML, and the 
12 
enforcement of the laws, rules and regulation relevant to the BPNML and the 
13 
prosecution of the violations thereof; 
14 
(8) 
Recommend the issuance of permits based on terms, conditions and 
15 
criteria established by the Management Board; 
16 
(9) Ensure the integration of the BPNML management policies, regulations, 
,17 
programs, and projects at all the concerned national and LGU levels; and 
18 
(10) 
Perform such other functions as the Management Board may delegate. 
19 
The PASu shall be supported by a sufficient number of personnel who shall be 
20 
performing day to day management,. protection and administration of BPNML. Upon the 
21 
recommendation of the Management Board, the DENR RED shall deputize local 
22 
community leaders and environment and natural resource officers. 
23 
SEC.1Q, 
Existing 
Facilities 
Within 
the 
Bessang 
Pass 
Natural 
24 
Monument/Landmark. - Within sixty (60) days from the effectivity of this Act, major 
25 
existing facilities such as roads, buildings, water systems, transmission lines, 
26 
communication facilities, heavy equipment, and irrigation facilities existing within the 
27 
boundaries of the BPNML shall submit project description to the Management Board 
28 
through the PASu. 
29 
The Management Board, with the assistance of the DENR, shall determine 
30 
whether the existence of such facility and its future plan and operations will be 
31 
detrimental to the BPNML or whether conditions for its operation shall be imposed. If 
32 
any such conditions are violated, the owner of the facility shall be liable to pay a fine of 
33 
Five thousand pesos (P5,OOO.OO) for every violation. Upon reaching a total fine of Five 
34 
hundred thousand pesos (P500,OOO.OO), the Management Board through the PASu and 
35 
deputizing other government entities, shall cause the cessation and demolition of the 
36 
facility at the cost of its owner. 
37 
Existing facilities allowed to remain within the BPNML may be charged a 
38 
reasonable royalty by the DENR. All income from such royalty shall accrue to the 
10 


BPNML Fund. 
2 
SEC.11. Bessang Pass Natural Monument/Landmark (BPNML) Fund. - There 
3 
is hereby established a revolving fund to be known as the BPNMl Fund for purposes of 
I 4 
financing projects of the BPNML. Income shall be derived from visitors/tourists fees, 
5 
fees from permitted sale and export of flora and fauna and other resources from the 
6 
BPNML, proceeds trom registration 'and lease of multiple-use areas including tourism 
7 
concessions, fees, proceeds, and contributions from industries and facilities directly 
8 
benefiting from the BPNML, and such other fees and incomes derived from the 
9 
operation of the BPNML. Provided, That the seventy-five (75%) percent shall be set 
10 
aside and retained by the Management Board of BPNML which shall appropriate the 
11 
same exclusively for the management and operation of the BPNML. Provided, further, 
12 
that the remaining twenty-five (25%) shall be remitted to the Integrated Protected Areas 
13 
Fund (IPAF) established in the NIPAS Act of 1992. 
14 
The BPNML fund may be augmented by grants, donations, endowment trom 
15 
various sources, domestic or foreign, for purposes related to their functions: Provided, 
\6 
That disbursements therefrom shall be made solely for the protection, maintenance, 
17 
administration and management of the system, and duly approved projects endorsed by 
18 
the Management Board in accordance with eXisting accounting and budgeting rules and 
19 
regulations: 
Provided, further, That the fund shall not be used to cover personal 
20 
services expenditures. 
21 
The LGUs shall continue to impose and collect all other fees not enumerated 
22 
herein which they have traditionally collected, such as business permits, property tax 
23 
and rentals of LGUs' facilities. 
Furthermore, LGUs may charge add-ons to fees 
24 
25 
26 
27 
28 
29 
30 
3\ 
32 
33 
34 
135 
36 
37 
38 
imposed by the Management Board: Provided, That such add-ons shall be determined 
based on the contribution of the LGUs in the maintenance and protection of the BPNML. 
SEC. 
12. 
Tenured 
Migrants 
and 
Other 
Bessang 
Pass 
Natural 
Monument/Landmark Occupants. -Tenured Migrants shall be eligible to become 
stewards of portions of lands within allowable zones of the BPNML. The Management 
Board shall identify, verify and review all tenurial instruments, land claims, and 
issuanceS of permits for resource use within the BPNML and recommended the 
issuance of the appropriate tenurial instruments or permits consistent with the zoning 
, 
provided in the Management Plan and its successor plans. 
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, provision for the transfer of said Tenured Migrants to Multiple-Use Zones 
or Buffer Zones shall be accomplished through just and hUmane means. 
In the event of termination of a tenurial instrument for cause or by voluntary 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in 
11 


order to return it to its natural state prior to the cultivation or other act by the Tenured 
2 
Migrant. 
3 
Other BPNML occupants who do not qualify as Tenured Migrants shall be 
4 
resettled outside the BPNML as determined by the Management Board. The 
5 
Management Board shall determine, plan and implement a definite schedule for 
6 
resettling them outside of the BPNML following the requirement and procedures set 
7 
forth by existing laws, rules and regulation. 
8 
SEC. 13. Indigenous People's Rights. - Ancestral Domain and other customary 
9 
rights and Interests of indigenous communities within the BPNML shall be accorded due 
10 
recognition. The preservation of Ancestral Domain and customary rights shall be 
\I 
considered as one of the management objectives of the BPNML. The maintenance, 
12 
management and development of Ancestral Domains within the BPNML shall be 
13 
pursuant to Section 58 of Republic Act No. 8371, othelWise known as the "The 
14 
Indigenous Peoples Rights Act of 1997 (IPRA)". 
15 
The identification, delineation and recognition of Ancestral Domain claims within 
16 
the BPNML shall be conducted by the National Commission on Indigenous Peoples 
17 
(NCIP) pursuant to the prOVisions the IPRA, and its implementing rules and regulations, 
18 
in close coordination and cooperation with the Management Board. 
19 
SEC. 14. 
Prohibited Acts and Penaftles. - The follOWing prOhibitions and 
20 
penalties shall be applicable to the BPNML, in addition to the prohibited acts as 
21 
provided in the NIPAS Act and its pertinent rules and regulations: 
22 
(A) 
The penalties in Articles 309 and 310 of the Revised Penal Code, 
23 
depending on the value of the resources involved in connection with the prohibited act, 
24 
shall be imposed upon any person who: 
25 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic 
26 
plants or animals, fiora or fauna, sand, rocks or By-products derived therefrom, within 
27 
particularly identified regulated or prohibited areas zones in the BPNML including 
28 
private lands without the necessary permit, authorization or exemption: Provided, That 
29 
Hunting of animals shall be absolutely prohibited except for scientific research; 
30 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
31 
particularly identified regulated or prohibited areas or zones in the BPNML including 
32 
private lands without the necessary permit, authorization or exemption; 
33 
(3) Possesses or transports, within or outside the BPNML any timber, forest 
34 
products, wild terrestrial or aquatic plants, animals, flora or fauna, or by-product derived 
35 
therefrom which is ascertained to have been taken from the BPNML; 
36 
(4) Undertakes Mineral exploration or extraction within the BPNML; 
37 
(5) Engages in Quarrying of sand, gravel, guano, limestone or any material within 
38 
the BPNML; 
12 


(6) Hunts, collects, removes or destroys any endangered or protected species, 
2 
except when Collection or removaJ.is for scientific research and exempted from the 
3 
prohibition by the Management Board; 
4 
(7) Conducts Bioprospecting within the BPNML without prior Management Board 
5 
approval in accordance with existing guidelines; or 
6 
(8) Establishes or introduces Exotic Species within the BPNML which are 
7 
detrimental to Endemic Species or without prior Management Board approval. 
\ 8 
(B) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than Five 
9 
hundred thousand pesos (P500,OOO.OO) andlor imprisonment from one (1) year but not 
10 
more than six (6) years shall be imposed upon any person who: 
II 
(1) Violates any rules and regulations in the Management Plan or by the 
12 
Management Board or agreements reached before the Management Board in the 
13 
exercise of adjudicative functions; 
14 
(2) Erects any structure on land or on water for any purposes outside the 
15 
Management Plan: Provided, That large-scale private infrastructure and other projects 
16 
such as medium to 'high density residential subdivisions, medium to large commercial 
17 
and Industrial establishments, golf-courses, heavily mechanized commercial and non-
18 
traditional farming, and other activities that cause increased in-migration, pollution and 
19 
resource degradation are absolutely prohibited; 
20 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the 
21 
BPNML without a permit; 
22 
(4) Throws, dumps or causes to be dumped into the BPNML any non-
23 
biodegradable material or waste whether liquid, solid or gas; 
24 
(5) Uses, dumps, places or causes to be placed into the BPNML toxic chemicals, 
25 
including pesticides and other hazardous substances, unless the same is expressly 
26 
allowed in the Management Plan; 
27 
(6) Prospects, hunts or otherwise locates hidden treasures within the BPNML; 
28 
(7) Informally occupies or dwells in any land within the BPNML without clearance 
29 
from the Management Board; 
30 
(8) Possesses or uses blasting caps or explosives anywhere within the BPNML; 
31 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
32 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
33 
natural or scenic value; 
34 
(10) Alters, removes or destroys boundary marks or signs; 
35 
(11) Engages in kaingln, or, in any manner, causing forest fires inside the BPNML; 
36 
or 
37 
(12) Purchases, or sells, mortgages or leases lands or other portions of the 
38 
BPNML which are covered by any tenurial instrument. 
I3 


Valuation of the damage for this Act shall take into account Biodiversity and 
2 
Conservation considerations as well as aesthetic and scenic value. Valuation assessed 
3 
by the DENR or the concerned government agency shall be presumed correct unless 
4 
otherwise proven by preponderant evidence. 
5 
Any person who shall induce another or conspire to commit any of the illegal acts 
6 
prohibited In this Act or suffer their workers to commit any of the same shall be liable in 
7 
the same manner as the one actually performing the act. 
8 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
9 
and similar devices shall be' subject to immediate and administrative confiscation, 
10 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
11 
however to due process and substantial evidence requirements. When legal action is 
12 
however filed in the regular courts, the said conveyances, vessels, equipments, 
13 
paraphernalia, implements, gears" tools and similar devices, independent of the 
14 
administrative proceedings, shall not be released until after judgment has been 
15 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
16 
pursuant hereto shall accrue to the BPNML Fund. Procedure for the sale thereof shall 
17 
be promulgated by the Management Board. However, in no case shall any confiscated 
18 
or rescued protected animal species be sold or in any manner disposed of but shall be 
19 
immediately turned over to the PASu office for release in its natural Habitat, subject to 
20 
existing regulations. 
21 
The penalties specified in this Section shall be in addition to the penalties 
22 
contained in R.A. 9072 (National Caves and Cave Resources Management and 
23 
Protection Act), R.A. 9147 (Wildlife Resources Conservation and Protection Act), and 
24 
other related laws. 
25 
Conviction for any offense under this Act, of a public officer or officer of the law 
I 26 
shall carry the accessory penalty of perpetual disqualification from public office. 
27 
SEC. 15. Energy and Non-Renewable Resources. -
Any exploitation of or 
28 
utilization of Non-Renewable Resources within the BPNML shall not be allowed. Energy 
29 
projects, within the BPNML shall be permitted only through an act of Congress except 
30 
energy from wind, sun, and water sources and not more than one (1) megawatt capacity 
31 
for mini-hydro power: Provided, That these renewal energy projects are established 
32 
outside the strict protection zone, adopt reduced impact technologies, and undergo the 
33 
Environmental Impact Assessment (EIA) system as provided by law: Provided, Further, 
34 
that the Management Board endorsernent has been Obtained. 
35 
SEC. 16. Special Prosecutor and Retained Counsel. - Within thirty (30) days 
36 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
37 
prosecutor to whom all cases of violation of laws, rules and regulations in the 8PNML 
38 
shall be assigned. 
Such Special Prosecutor shall coordinate with the Management 
14 


" , 
Board and the PASu in the performance of hislher duties and assist in the training of 
2 
wardens and rangers in arrest and other criminal procedures, The Management Board 
3 
may retain the services of a cou nsel to prosecute andlor assist in the prosecution of 
4 
cases under the direct control and supervision of the regular or special prosecutor and 
5 
to defend the members of the Management Board, the PASu and the staff, or any 
6 
person assisting in the protection, Conservation and sustainable development of .the 
7 
BPNML, against any legal action related to their powers, functions and responsibilities 
8 
as provided in this Act or as delegated or tasked by the Management Board. 
9 
SEC, 17. Appropriations. - The Secretary of the DENR shall immediately include 
10 
in the Department's program the implementation of this Act, the funding of which shall 
II 
be provided in the annual General Appropriations Act. 
12 
SEC. 18. Reporting Responsibility. - The PASu. through the Management 
'13 
Board, shall submit an annual accomplishment report to the Secretary of the DENR on 
14 
the activities undertaken in the BPNML, 
15 
SEC. 19. Construction and Suppletory Application of Existing Laws. - The 
16 
proVisions of this Act shall be construed liberally in favor of achieving Biodiversity 
17 
Conservation and environmental protection and sustainable development. ProviSions of 
18 
Republic Act No. 7586, otherwise known as the NIPAS Act of 1 992 and existing forestry 
19 
laws, and their corresponding rules and regulations not inconsistent hereto shall have 
20 
the suppletory effect in the implementation of this Act. 
21 
SEC,20. Transitory Provision. - In order to ensure the recovery and restoration 
22 
of biological diversity and to develop sustainable livelihoOd opportunities for Tenured 
23 
Migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
24 
clearances, compliance documents I'r any other instrument that allows exploitation and 
2S 
utilization of resources within the BPNML until the Management Plan shall have been 
26 
put into effect 
27 
All existing land use and resource use permits within the BPNML shall be 
28 
reviewed and shall not be renewed upon their expiration unless consistent with the 
29 
Management Plan and approved by the Management Board. Moreover, areas 
30 
determined by Wildlife Habitat and potable water sources and reservoirs shall be 
31 
declared protected and Special Use Zones, respectively, and their management and 
32 
uses shall be consistent with the provision of the respective executive orders, 
33 
presidential proclamations and amendments establishing them. 
34 
SEC. 21. Separability Clause. - If, for any reason, any part or section of this Act 
35 
is declared unconstitutional or invalid, such other parts not affected thereby shall 
36 
remain in full force and effect. 
37 
SEC. 22. Repealing Clause. -All laws. decrees, proclamations, rules and 
38 
regulations InconSistent with the provisions of this Act are hereby repealed or modified 
15 


accordingly. 
2 
SEC. 23. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
3 
complete publicalion in the Official Gazette or in a national newspaper of general 
4 
circulation available in the BPNML. 
5 
Approved 
16