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Republic of the Philippines
HOUSE OF REPRESENTATIVES o.
Quezon City, Metro Manila 4,
LO imoEX.
TWENTIETH CONGRESS:

First Regular Session

HOUSE BILL NO. 2818.

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1* District, Hocos Norte

EXPLANATORY NOTE

Article II Section 16 of the 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. In pursuit of this constitutional mandate, Republic Act 7586, known as
the National Integrated Protected Areas System (NIPAS) Act of 1992, subsequently amended
by RA 11038, titled the Expanded National Integrated Protected Areas System (ENIPAS) Act
of 2018, was enacted. The law empowers the government to designate certain areas as protected
areas, regulate human activities within these areas, and implement conservation and
‘management programs in recognition of the substantial impact of human activities on various

environmental facets.

Factors such as population growth, resource utilization, and industrial development
highlight the imperative to protect and preserve natural ecosystems, particularly in regions with
unique biophysical characteristics crucial to the well-being and progress of human, plant, and
animal life. The goal is to ensure the preservation of unique ecosystems, species, and

landscapes for the benefit of current and future generations.

This bill seeks to include the Tanap Watershed Forest Reserve (TWFR) in the province
of Ilocos Norte, under the NIPAS.

Established through Presidential Proclamation No. 803, s. 1971, the 1,683-hectare
TWER encompasses tropical moist deciduous rainforests, tropical lowland evergreen
rainforests, forests over limestone, and several patches of mafic vegetations along with various

cave systems, karst formations, and numerous creeks and rapids. These ecosystems within



TWER have been identified as harboring a high diversity of flora and fauna, including
threatened species. Notably, it is the habitat of Thunbergia Ilocana, an endemic plant species
currently known to be exclusively thriving in the area. Furthermore, the watershed plays a
crucial role in meeting the daily needs of the community, providing a substantial water supply

for irrigation and domestic use.

These underscore the ecological significance of the TWER, highlighting the imperative
to designate the landscape under NIPAS. This bill will establish a policy framework for the
institutionalized conservation and protection of TWFR, ensuring that its ecological
significance is maintained through proficient and effective management in accordance with RA
7586, as amended by RA 11038.

In light of the foregoing, the immediate passage of this bill is eamestly requested.

Wwrenrsnn_

FERDINAND ALEXANDER A. MARCOS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No._2818

Introduced by Rep. FERDINAND ALEXANDER A. MARCOS
1" District, Ilocos Norte

AN ACT

DECLARING AND DESIGNATING TANAP WATERSHED FOREST RESERVE,
SITUATED WITHIN THE MUNICIPALITY OF BURGOS IN THE PROVINCE OF
ILOCOS NORTE AS A PROTECTED AREA UNDER THE CATEGORY OF
PROTECTED LANDSCAPE PURSUANT TO THE NATIONAL INTEGRATED
PROTECTED AREA SYSTEM (NIPAS), TO BE REFERRED TO AS THE BURGOS
PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT, AND
APPROPRIATING FUNDS THEREFOR

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

ARTICLE
GENERAL PROVISIONS

SECTION 1. Short Title. —This Act shall be known as the “Burgos Protected Landscape
(BuPL) Act.”

SEC. 2. Declaration of Policy Recognizing the profound impact of human activities
on various components of the natural environment, especially the consequences arising from
population growth, resource exploitation, and industrial advancement, and acknowledging the
critical importance of safeguarding and preserving the natural, biological, and physical
diversities of the environment, particularly in areas characterized by unique features essential
for sustaining human life and development, as well as the well-being of plant and animal life,
it is hereby declared as the policy of the State to ensure, for the benefit of the Filipino people,
both present and future generations, the perpetual existence of all native plants and animals
through the establishment of protected areas under the ‘National Integrated Protected Areas
‘System (NIPAS).

In recognition of the richness of the biological resources, encompassing both flora and
fauna, native and distinct to the area, as well as their ecological importance, a parcel of land in
the municipality of Burgos in the Province of locos Norte, covering Tanap Watershed Forest
Reserve (TWER), is hereby declared a protected area with the designation of a protected
landscape, and henceforth shall be referred to as the Burgos Protected Landscape (BuPL). As


such, the State assumes the responsibility for ensuring the conservation, protection, and
management of the said area. Furthermore, it is acknowledged that effective administration of
this area is achievable only through collaborative efforts involving the national government,
local government units (LGUs), concerned non-governmental organizations (NGOs), private
entities, and local communities. The utilization and enjoyment of this area must be in
conformity with the principles of biological diversity and sustainable development.

Towards this end, the State shall ensure the comprehensive implementation of this Act,
the mobilization of resources to support the institutional mechanisms herein established, and
the provision of complete scientific and technical support necessary for the conservation of
biodiversity and the preservation of the integrity of ecosystems, culture, and indigenous
practices.

SEC. 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 refers to identified areas outside the boundaries of and immediately
adjacent to protected areas that need special development control in order to avoid
or minimize harm to the protected area;

(6) Conservation refers to any act or acts of preservation and sustainable utilization of
wildlife or maintenance, restoration and enhancement of habitats;

(d) Indigenous Cultural Community (ICC)/Indigenous People (IP) refers to a group of
people sharing common bonds of language, customs traditions, and other distinctive
cultural traits, and who have, since time immemorial occupied, possessed and
utilized a territory;

(e) National park refers to land of the public domain classified as such in the
Constitution which includes all areas under the NIPAS, primarily designated for the
conservation of native plants and animals, their associated habitats and cultural
diversity;

(£) Protected area refers to identified portions of land and/or water set aside by reason
of their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation;

(g) Protected landscape refers 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;

(h) Tenured 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.

SEC. 4. Classification as a National Park. —A\l lands of the public domain within the
coverage and scope of BuPL shall fall under the classification of national park as provided for
in Article XII, Section 3 of the Constitution.

SEC. 5. Scope and Coverage. —The boundaries of BuPL is more particularly described
as the area beginning at a point marked “1” on the Map, being N 66°42'24” W, 120.166 meters
from PRS92 Control Monument “ILN-3328” with geographic coordinates 18° 29° 38.0736”
Latitude, 120° 40° 0.03168” Longitude located at Barangay Tanap, Burgos, llocos Norte,

thence S$ 41-21-55E 284.938 meters to comer
thence S$ 9-14-22 E 187.035 meters to comer
thence .N77-18-37E 105.283 _meters to comer

thence ——-§ 86-49-8 E 30.055 meters to comer
thence ——-§ 8-17-59 E 52.449 meters to comer
thence —-$ 23-28-9 W 41.613 meters to comer
thence —-$ 4-33-41 W 33.123 meters to comer
thence —-§ 28-56-1 E 14,759 meters to comer

thence $73-36-10E 232.092 meters to comer
thence $49-34-41E 41,094. meterstocomer 11;
thence $36-10-14E 42.995 meters tocomer 12
thence S 52-9-39 E 143,001 meters tocomer 13;

thence ——§ 62-44-8 E 19.228 meterstocomer 14;
thence —-$ $3-23-53 E 31.389 meters tocomer 15;
thence -$ 42-54-24 E 14.86 meters to comer 16;
thence —-$ 14-40-9E 20.608 meters tocomer 17;
thence S$ 5-1-54E 13.033 meterstocomer 18;
thence —-$ 3-27-10 W 14.03 meters to comer 19;
thence  $51-29-32W 11.397 meterstocomer 20;
thence $ 85-16-53 W 14,03 meters to comer 21;
thence _N 64-4-4 W 15.647 meterstocomer 22;

thence N59-40-9W 17.486 meterstocomer 23;
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thence  $37-24-51W 29.195 meterstocomer 25;
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S 70-43-45 E
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N 86-3-34 E
N 83-55-12 E
N 75-12-18 E
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$ 75-30-50 E

14.86
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12,365
16.273
10.046
14.86
10.996
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104.507
254.434
89.61
97.287
30.138
73.136
219.903
33.588
60.508
81.208
154.134
145.132
91.696
107.401
74,599
91.434
78.373
144.294
129.808
128.774
83.588
89.312
97.525
79.515
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92.298
88.672
64.286
58.374
143.063
38.799
344.162
406.235

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$ 44-49-31 E
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'N 0-37-56 W

979.673
1285.892
1096.538
813.856
159.827
239.814
239,393
656.045
294.894
436.471
640.524
606.606
1495.589
1397.893
14,555
65.09
83.352
85.008
25.308
208.641
37.628
181.797
255.19
313.058
287.933
146.834
179.708
160.838
239.096
79.781
199.347
199.572
199.867
80.05
272.248
34.76
101.474
162.792
279.4
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100.38
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10.379
209.693
79.969

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thence S 83-26-53 E 119.896 meters to corner 123;
thence N 44-37-13 W 200.066 meters tocomer 124;
thence N 44-24-49 W 99.686 meters tocomer 125;
thence 'S 64-30-14 W 90.342 meters tocomer 126;
thence S$ 61-31-12 W 179.756 meterstocomer 127;
thence '$ 58-17-19 W 170.404 meterstocomer 128;
thence $ 77-18-23 W 119.595 meters tocomer 129;
thence S$ 82-17-4W 170.234 meters tocorner 130;
thence N 5-42-28 E 90.519 meterstocomer 131;
thence N 57-53-50 W 99.821 meters tocomer 132;
thence 'S 58-41-55 W 99.946 meters tocomer 133;
thence $ 2-32-29E 150.025 meters tocomer 134;
thence 'S 46-23-33 W 280.08 meters tocomer 135;
thence N 83-36-54 W 138.985 meters tocomer 136;
thence N3-17-7E 219.441 meters tocomer 137;
thence N 63-12-22 E 190.443 meters tocomer 138;
thence N 11-22-12 E 129.788 meters tocorner 139;
thence N 39-13-20 E 149.745 meters tocomer 140;
thence N0-30-48 E 99.981 meters tocomer 141;
thence N 4-41-38 W 169.36 meters tocorer 142;
thence N 68-5-54 E 159.828 meters tocomer 143;
thence N 52-29-51 E 169.934 meters tocomer 144;
thence 'N 30-36-51 W 120.02 meters tocomer 145;
thence $ 71-17-42 W 99.891 meters tocomer 146;
thence 'N 49-55-0 W 596.11 meterstocomer 147;
thence 25-51-27 W 516.024 meters tocomer 14!
thence N 2-59-32 E 948.527 meters tocomer 149;
thence 'N 84-32-46 E 83.262 meters tocomer 150;
thence ‘N 64-15-7E 35.327 meterstocomer 151;
thence N 78-9-39 E 108.018 meters tocomer 152;
thence 'N 68-54-38 E 134.428 meters tocomer 153;
thence N 89-55-53 E 202.931 meters tocomer 154;
thence N 75-33-34 E 112.743 meters tocomer 155;
thence N 75-33-56 E 130.183 meters tocomer 156;
thence N3-47-54E 129.351 meters tocomer 157;
thence N 14-10-9 W 111.042 meterstocomer 158;
thence N 32-52-13 E 85.114 meters tocomer 159;
thence S$ 82-47-ISE 256.301 meters tocomer 160;
thence N 57-14-30 E 50.754 meters tocorner 161;
thence S$ 67-49-36 E 306.883 meters tocomer 162;
thence $0-7-51 W 149.956 meters to comer 1,
the point of beginning containing an area of one thousand six hundred eighty-three (1,683)
hectares, more or less. Bearings and distance of lines were derived using PRS92, Philippine
Zone III coordinate system, subject to actual gound demarcation.



SEC. 6. Establishment of Buffer Zones—The Secretary of the Department of
Environment and Natural Resources (DENR), upon the recommendation of the Protected Area
Management Board (PAMB) created under Section 7 of this Act, may designate areas
surrounding the BuPL as buffer zones for the purpose of providing an extra layer of protection
where restrictions may be applied. Provided, That, in cases where the designated buffer zone
would cover private lands, the owners thereof shall be required to design their development
with due consideration to the protected area management plan.

ARTICLE IL
MANAGEMENT MECHANISMS

SEC. 7. Protected Area Management Board (PAMB).—Within ninety (90) days from
the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to
oversee the management of the BuPL. The PAMB shall be composed of the following:

(a) The DENR Regional Executive Director for Region 1, as Chairperson;

(b) The Governor of the Province of Ilocos Norte, or his/her duly designated
representative;

(c) Senators of the Republic of the Philippines who are duly registered residents of
Ilocos Norte, or their duly designated representatives, unless the Senators decline
the membership in the PAMB;

(d) The Representative of the Congressional District of Ilocos Norte where BuPL is
located, or his/her duly designated representative, unless the District Representative
declines the membership in the PAMB;

(©) The Mayor of the municipality of Burgos, or his/her duly designated representative;

(8) The Punong Barangay of each barangay with territorial jurisdiction over BuPL;

(g) The Department of Agriculture (DA) Regional Executive Director for Region 1, or
his/her designated official representative;

(h) The Regional Director, or a designated official representative, of the following
government agencies for Region 1, namely: the Department of National Defense -
Office of Civil Defense (DND-OCD), the National Economic Development
‘Authority (NEDA), the Philippine National Police (PNP), and the Department of
Science and Technology (DOST);

(i) Three (3) representatives from either non-government organizations (NGO) or
People’s Organizations (PO), duly accredited both by the DENR and the provincial
government. The NGO or PO represented should have been in existence for at least
five (5) years and with track record in or related to protected area management;

(j) At least one (1) but not more than three (3) representatives from all the ICCs/IPs
present in the area and recognized by the National Commission on Indigenous
Peoples (NCIP);

(k) One (1) representative from an academic institution, preferably from a university or
college in the Province of Ilocos Norte, with a record of accomplishment in or
related to protected area management and biodiversity conservation; and



(1) One (1) representative from the private sector, preferably a resident of Ilocos Norte,
who is distinguished in a profession or field of interest relevant to BuPL
management.

The terms of office of members of the PAMB, as well as the grounds for their removal
shall be in accordance with the provisions of Republic Act No 7586, otherwise known as the
“National Integrated Protected Areas System Act of 1992”, as amended by Republic Act No.
11038, otherwise known as the “Expanded National Integrated Protected Areas System Act of
2018”.

SEC. 8. Powers and Functions of the PAMB. —The BuPL PAMB shall have the
following powers and functions:

(a) Oversee the management of the BuPL;

(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the BuPL;

(© Approve the management plan of BuPL and ensure its harmonization and
integration with the Ancestral Domains Sustainable Development and Protection
Plan (ADSDPP), land use plan and other development plans, public or private, and
its implementation;

(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;

(©) Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of BuPL;

(®) Allocate financial resources for the implementation of the management plan, and
manage BuPL Protected Area Retention Income Account (PARIA) and other funds
in accordance with the 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;

(i) Recommend appropriate policy changes to the DENR and other government
authorities;

(j) Monitor and assess the performance of the Protected Area Superintendent (PASu)
and other BuPL personnel and compliance of partners with the terms and conditions
of any undertaking, contract or agreement;

(k) Recommend from among a shortlist of qualified candidates, the designation or
appointment of the PASu; and

()) Assess the effectiveness of the management of BuPL: 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 resolutions issued by the PAMB and the
existing administrative orders or national application, the latter shall prevail.

SEC. 9. The Protected Area Management Office (PAMO).—There is hereby
established a PAMO to be headed by a Protected Area Superintendent (PASu) with a
permanent plantilla position who shall supervise the day to day management, protection and
administration of BuPL. A sufficient number of support staff with permanent plantilla positions
shall likewise be appointed by the DENR to assist the PASu in the management of the protected
area.

The PASu shall be primarily accountable to the PAMB and the DENR for the
management and operations of the BuPL. Pursuant thereto, the PASu shall have the following
duties and responsibilities:

(a) Prepare the management plan, in consultation with the stakeholders, including the
annual work and financial plan and ensure its implementation;

(b) Ensure the integration of the protected area management plans, programs, projects,
and policies with relevant national and LGUs' plans and programs;

(c) Provide secretariat services to the PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;

(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;

(e) Establish, operate, and maintain a database management system which shall be an
important basis for decision-making;

(f) Enforce the laws, rules and regulations relevant to the protected area, commence
and institute administrative and legal actions in collaboration with other
government agencies or organizations, and assist in the prosecution of offenses
committed in violation of the provisions of this Act;

(g) Monitor, evaluate, and report the implementation of management activities of
BuPL;

(h) Request for and receive any technical assistance, support or advice from any

agency or instrumentality of the government as well as academic institutions,

NGOs, and the private sector, as may be necessary for the effective management,

protection and administration of BuPL;

Issue permits and clearances for activities that implement the management plan and

other permitted activities in accordance with the terms, conditions, and criteria

established by the PAMB: Provided, That all permits for extraction of natural
resources, including collection of wildlife, and its by-products or derivatives for
research purposes, shall continue to be issued by relevant authorities, subject to

(


prior clearance from the PAMB, through the PASu, in accordance with the specific
acts to be covered;

(i) Collect and receive pertinent fees, charges, donations, and other income for the
protected area: Provided, That such fees, charges, donations, and other income
collected and received shall be reported regularly to the PAMB and the DENR in
accordance with existing guidelines;

(k) Prepare and recommend to the PAMB, approval of the annual work and financial
plans of BuPL based on the management plan; and,

(1) Perform such other functions as the PAMB and the DENR may assign.

The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE IL
PROCEEDS AND FEES

SEC. 10. The Burgos Protected Landscape Integrated Protected Area Fund. — There
is hereby established a trust fund to be known as the Burgos Protected Landscape Integrated
Protected Area Fund (BuPL-IPAF) for purposes of financing projects of the BuPL and the
NIPAS. All income generated from the operation of the system or management of wild flora
and fauna in the BuPL shall accrue to BuPL-IPAF. The income shall be derived from fees from
visitors/tourists, permitted sale and export of flora and fauna and other allowable use of
resources from the protected area, proceeds from Special Use in Protected Area (SAPA) in
multiple-use zone for tourism concessions, communication and transmission facilities, power
generation projects, large scale agriculture and aquaculture enterprise and other contributions
from industries and facilities directly benefiting from the protected area, and other fees and
income derived from the operation of BuPL.

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
disbursements out of such deposits shall be used solely for the protection, maintenance,
administration, and management of BuPL and implementation of duly approved projects of the
PAMB. 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 programs
and projects of the NIPAS.

‘The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign for purposes related to their functions. Provided, That the fund shall be
deposited as a special account in the national treasury and disbursements therefrom shall be
made solely for the protection, maintenance, administration and management of the BuPL, and
duly approved projects endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations: Provided, further, That no amount shall be disbursed for the
operating expenses of the Department and other concerned agencies.


‘The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs’ facilities.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

SEC. 11. Appropriations. —The Secretary of the DENR shall immediately include in
the Department’s program the implementation of this Act, the funding of which shall be
included in the Annual General Appropriations Act.

Sec. 12. Suppletory Application of the NIPAS Law. —The provisions of Republic Act
No. 7586, as amended by the Republic Act No. 11038, shall have suppletory application to this
Act.

Sec. 13. Implementing Rules and Regulations. —Within ninety (90) days from the
effectivity of this Act, the Secretary of the DENR shall, in consultation with the local
government of the municipality of Burgos, the Provincial Government of Ilocos Norte, and
concerned national government agencies, issue the corresponding rules and regulations for the
effective implementation of this Act.

Sec. 14. Separability Clause. —If any section or provision of this Act is held
unconstitutional or invalid, the remaining sections or provisions not affected thereby shall
continue to be in full force and effect.

Sec. 15. Repealing Clause. —All laws, decrees, letters of instruction, executive
orders, rules and regulations and other issuances or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

SEC. 16. Effectivity. —This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,