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3'h Congress 
) 
Republic of the Philippines) 
Third Regular Session 
) 
SENATE 
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Prepared jointly by the Committees on Environment and Natural Resources, and 
Finance, with SenatoFCayetano and the members of the Committees as authors 
u 
AN ACT 
ESTABLISHING THE MT. BALATUKAN RANGE LOCATED IN THE CITY OF 
GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, MEDINA, AND 
BALINGASAG, ALL IN THE PROVINCE OF MISAMIS ORIENTAL, AS A 
PROTECTED 
AREA, 
UNDER 
THE 
CATEGORY 
OF 
PROTECTED 
LANDSCAPE, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Tif/e. -This Act shall be known as the "Mt. Balatukan Range 
Natural Park Act of 2007." 
SEC. 2. Land Classification. -All lands of the public domain comprising 
the Mt. Balatukan Range Natural Park shall fall under the classification of 
National Park as provided for in the Philippine Constitution 
SEC. 3. Scope and Coverage. - The Mt. Balatukan Range, which falls 
under the category of Natural Park as defined therein, shall cover lands of the 
public domain located in the City of Gingoog and the Municipalities of Claveria, 
Medina, and Balingasag, afl within the Province of Misamis Oriental. It shall have 
the following boundaries: Beginning at a corner marked "1" which is located at 
124"57'21" E and 8"47'35 N near the junction at Kihangad River and a branch 
creek S 75"22'45" E, 950.79 m. 
Thence 
N 76948' W 
1,683.50 m 
to corner 2 
Thence 
N 81 "36' W 
1,620.90 m 
to corner 3 
Thence 
N 30"20' W 
2,253.40 m 
to corner 4 
to corner 5 
Thence 
N 62"05' W 
1,667.00 m 
Thence 
N 34"40' E 
2,012.90 m 
to corner 6 
Thence 
N 23"26' E 
1,253.60 m 
to corner 7 
Thence 
N 89"OI' E 
2,227.20 m 
to corner 8 
Thence 
S 84"30' E 
933.50 m 
to corner 9 
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Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
S 85"28' E 
S 70"38' E 
N 87"44' E 
S 18"42' E 
s f5"45'W 
S 03"03' E 
S 18"39' E 
S 71 "27' E 
N 69"30' E 
S 78"47' E 
S 84"32' E 
S 08'17' E 
S 36"59' E 
S 39"43' E 
S 39"37' E 
S 35"20'W 
S 71 "44' W 
S 40"40' W 
N 65"IO'W 
N 49"50' W 
N 76"OO' W 
N 58"12'W 
N 76"25' W 
N IO"20' E 
1,791.40 m 
1,889.60 m 
647.80 m 
356.00 m 
397.20 m 
1,274.60 m 
1,790.40 m 
1,348.60 m 
696.20 m 
748.20 m 
647.80 m 
662.50 m 
2,238.10 m 
1,335.30 m 
931.80 m 
407.80 m 
1,266.90 m 
2,381.90 m 
1,070.00 m 
1,800.00 m 
1,450.00 m 
2,847.17 m 
1,234.54 m 
1,920.00 m 
to corner 10 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to corner 32 
to corner 1, the 
point of beginning, containing an area of Eight Thousand Four Hundred Twenty- 
Four (8,424) hectares, more or less, subject to actual ground survey. 
The Buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
"1" which is located at 124"57'00" E and 8"47'22" N, near the junction of 
Kihangad River and a branch creek N 66"48'05" W, 456.94 meters, 
Thence 
N 82"16'W 
3,266.70 m 
to corner 2 
Thence 
N 31"13'W 
2,428.20 m 
to corner 3 
Thence 
N 60"04' W 
1,820.10 m 
to corner 4 
Thence 
N 3378' E 
2,178.00 m 
to corner 5 
Thence 
N 26"45' E 
1,428.50 m 
to corner 6 
Thence 
N 86"02' E 
1,725.70 m 
to corner 7 
Thence 
N 69"53' E 
~ 
f ,962.40 m 
to comer 8 
37 
Thence 
S 64"44' E 
2,046.20 m 
to corner 9 
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Thence 
Thence 
Thence 
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Thence 
Thence 
Thence 
Thence 
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Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
S 86"49' E 
S 59"Il' E 
Due East 
S 31"51' E 
S 07"35'W 
S 27"42' W 
S 03"OI'W 
S 18"02' E 
S 78"25' E 
N 31"49' E 
S 77"57' E 
S 82"30' E 
S 04"45' W 
S 34"37' E 
S 31"14' E 
S 37"20' E 
S 56"48' W 
S 15"17' E 
S 71"25' W 
S 31"28' E 
S 34"50' W 
S 24"55' E 
S 71"14'W 
N 61"59' W 
N 50"32'W 
N 71"06'W 
N 52"44' W 
N 73"02' W 
N 19"31' E 
721.80 m 
1,212.20 m 
720.70 m 
872.60 m 
303.20 rn 
429.90 m 
1,143.60 m 
1,609.20 m 
899.10 m 
318.70 m 
1,248.60 m 
1,114.20 m 
965.00 m 
2,361.40 m 
1,157.00 m 
1,483.50 m 
692.70 m 
341.40 m 
1,139.60 m 
420.10 m 
84.30 m 
94.20 m 
1,440.70 m 
1,840.70 m 
1,713.10 m 
1,313.60 m 
2,890.06 m 
1,885.14 m 
1,420.60 in 
to corner 10 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to corner 32 
to corner 33 
to corner 34 
to corner 35 
to corner 36 
to corner 37 
to corner 1, the 
point of beginning, containing an area of One Thousand Two Hundred Twenty- 
Two (1,222) hectares, more or less, subject to actual ground survey and 
delineation. 
Any modification of the coverage of this Act due to such factors as 
changing ecological situations, new scientific or archeological findings, or 
discovery of traditional boundaries not previously taken into account shall be 
made through an Act of Congress, after consultation with the affected public and 
concerned government agencies. 
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SEC. 4. Definition of Terms. -The following terms are hereby defined for 
the purpose of this Act: 
a. "Ancestral Domain" refers to all areas generally belonging to ICCs/lPs 
comprising lands, inland waters, coastal areas, and natural resources therein, 
held under a claim of ownership, occupied or possessed by the ICCsllPs, by 
themselves or thru their ancestors, communally or individually since time 
immemorial, continuously to the present except if interrupted by war, force 
majeure or displacement by force, deceit, stealth or as a consequence of 
government projects or any other voluntary dealings entered into by government 
or public individualslcorporations, and which are necessary to ensure their 
economic, social and cultural welfare. It shall include ancestral lands, forests, 
pasture, residential, agricultural, and other lands individually owned whether 
alienable and disposable or otherwise, hunting grounds, burial grounds, worship 
areas, bodies of water, mineral and other natural resources, and lands which 
may no longer be exclusively occupied by ICCs/lPs but from which they 
traditionally had access to for their subsistence and traditional activities, 
particularly the home ranges of ICCsllPs who are still nomadic and/or shifting 
cultivators. 
b. "Biological resources" refers to genetic resources, organisms or parts 
thereof, population, or any other biotic component of ecosystems with actual or 
potential use or value for humanity. 
c. "Buffer Zone" refers to the identified area outside the boundaries of and 
immediately adjacent to the designated Mt. Balatukan Range Natural Park that 
need special development control in order to avoid or minimize harm to the Mt. 
Balatukan Range Natural Park. 
d. "Collection or collecting" refers to the act of gathering or harvesting 
wildlife, its by-products or derivatives. 
e. "Conservation" refers to the preservation and sustainable utilization of 
wildlife, and/or maintenance, restoration and enhancement of the habitat. 
f. "Ecosystem" refers to the dynamic complex of plant, animal and micro- 
organism communities and their non-living environment interacting as a 
functional unit. 
g. "Endangered species" refers to species or subspecies that is not 
critically endangered but whose survival in the wild is unlikely if the causal factors 
continue operating. 
h. "Endemic species" refers to species or subspecies which is naturally 
occurring and found only within specific areas in the country, 
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i. "Exotic species" refers to species or subspecies which do not naturally 
occur within the Mt. Balatukan Range Natural Park.at present or in historical 
time. 
j. "Habitat" refers to a place or type of environment where a species or 
subspecies naturally occur or has naturally established its population. 
k. "Hunting" refers to collection of wild fauna for food and/or recreational 
purposes with the use of weapons such as guns, bow and arrow, spear and the 
like. 
I. "Indigenous Cultural Communities or Indigenous People (ICC/IPs)" 
refers to a group of people or homogenous societies identified by self-ascription 
and ascription by others, who have continuously lived as organized community 
on communally bounded and defined territory, and who have, under claims of 
ownership since time immemorial, occupied, possessed and utilized such 
territories, sharing common bonds of language, customs, traditions and other 
distinctive cultural traits, or who have, through resistance to political, social and 
cultural inroads of colonization, non-indigenous religions and cultures, became 
historically differentiated from the majority of Filipinos. IPS shall likewise include 
peoples who are regarded as indigenous on account of their descent from the 
populations which inhabited the Country, at the time of conquest or colonization, 
or at the time of inroads of non-indigenous religions and cultures, or the 
establishment of present state boundaries, who retain some or all of their own 
social, economic, cultural and political institutions, but who may have been 
displaced from their traditional domains or who may have resettled outside their 
ancestral domains. 
m. "Introduction" refers to bringing species into the wild that is outside its 
natural habitat. 
n. "Management plan" refers to the fundamental plan, strategy and/or 
scheme which shall guide all activities relating to the Mt. Balatukan Range 
Natural Park in order to attain the objectives of this Act. 
0. "Mineral" refers to all naturally occurring inorganic substance in solid, 
gas, liquid, or any intermediate state including energy materials such as coal, 
petroleum, natural gas, radioactive materials, and geothermal energy. 
p. "Multiple-Use Zone" refers to the area where settlement, traditional 
and/or sustainable land use, including agriculture, agro-forestry, extraction 
activities and other income generating or livelihood activities, may be allowed to 
the extent prescribed in the management plan. 
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q. "National Integrated Protected Areas System (NIPAS)" refers to the 
classification and administration of all designated protected areas to maintain 
essential ecological processes and life-support systems, to preserve genetic 
diversity, to ensure sustainable use of resources found therein, and to maintain 
their natural conditions to the greatest extent possible; 
r. "National Park" refers to the land of the public domain classified as such 
in the 1987 Constitution which include all areas under the National Integrated 
Protected Areas System (NIPAS) pursuant to R.A. 7586 primarily designated for 
the conservation of native plants and animals, their associated habitats and 
cultural diversity. 
s. "NIPAS Act" refers to the National Integrated Protected Areas System 
Act of 1992 or Republic Act No. 7586, and its pertinent rules and regulations. 
t. "Natural Park" refers to a relatively large area not materially altered by 
human activity where extractive resource uses are not allowed and maintained to 
protect outstanding natural and scenic areas of national or international 
significance for scientific, education and recreational use. 
u. "Non-governmental organization (NGO)" refers to an agency, institution, 
a foundation or a group of persons whose purpose is to assists peoples 
organizations/associations in various ways including, but not limited to, 
organizing, education, training, research and/or resource accessing; 
v. "Non-renewable resources" refers to those resources found within the 
Mt. Balatukari Range Natural Park, the natural replenishment rate of which either 
not known or takes more than twenty-five (25) years. 
w. "People's Organization (PO)" refers to a group of organized migrant 
communities and or interested indigenous peoples which may be an association, 
cooperative, federation, or other legal entity, established to undertake collective 
action to address community concerns and needs, and mutually share the 
benefits of the endeavor; 
x. "Protected Area" refers to the 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; 
y. "Protected Area Management Board (PAMB)" refers to a multi-sectoral 
policy-making body for protected areas created in accordance with RA 7586 or 
the NIPAS Act of 1992; 
z. "Protected species" refers to an) individual species of plants and 
animals that is or shalt be declared as protected under Philippine taws, rules and 
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regulations issued by the DENR, species listed as protected against trade, 
hunting and harvest under international conventions to which the Philippines is or 
will become a signatory such as, but not limited to, the Convention on 
International Trade of Endangered Species (CITES). These include species, 
which may be restricted for use under regulations issued by the Protected Area 
Management Board (PAMB) or the DENR, and those particularly mentioned in 
the management plan; 
aa. “Sustainable use” refers to the use of components of biological 
diversity in a way and rate that does not lead to the long-term decline of 
biological diversity, thereby maintaining its potential to meet the needs and 
aspirations of present and future generations; and 
bb. “Tenured Migrants” refers to occupants who have actually and 
continuously occupied a portion of the Mt. Balatukan Range Natural Park and is 
solely dependent therein for subsistence. A Mt. Balatukan Range Natural Park 
occupant is understood to be “solely dependent for subsistence” when everything 
indispensable for survival for the household, including food, clothing, shelter and 
health, comes only from the utilization of resources from the Mt. Balatukan 
Range Natural Park. 
SEC. 5. Management of the Mf. Balatukan Range Natural Park. - 
There is hereby created a PAMB which shall have sole jurisdiction, power and 
authority over the Mt. Balatukan Range Natural Park for all matters that may 
affect biodiversity conservation, protection and sustainable development. It shall 
be composed of: 
(1) The Regional Executive Director (RED) of DENR Region X as 
chairperson; 
(2) The Provincial Planning and Development Officer (PPDO) of the 
Province of Misamis Oriental; 
(3) The City Mayor of Gingoog and the Municipal Mayors of Claveria, 
Medina, and Balingasag in the Province of Misamis Oriental, or their duly 
designated representatives; 
(4) One representative from each barangay with territory inside the Mt. 
Balatukan Range Natural Park; 
(5) One representative from each indigenous cultural community residing 
within the Mt. Balatukan Range Natural Park; 
(6) One representative from each department or national government 
agency directly involved in the Mi. Balatukan Range Natural Park or has long 
term projects or permanent facility located therein; 
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(7) At least three (3) representatives from accredited NGOs operating within 
the Mt. Balatukan Range Natural Park; and 
(8) At least two (2) representatives from accredited POs operating within the 
Mt. Balatukan Range Natural Park. 
Each member of the PAMB shall serve for a term of five (5) years and shall 
be considered to represent his or her sector and deemed to carry the vote of 
such sector in all matters. In the case of members who are government officials, 
their appointment shall be co-terminus with their term of office. 
In the selection of the representatives of POs and NGOs, preference shall 
be accorded to those organizations that are involved in the conservation, 
protection and development of the Mt. Balatukan Range Natural Park. 
Representation shall be by institution and shall aim to achieve balance in 
representation by geographic location or areas. 
The representatives from the local government units (LGUs) and national 
agencies in the PAMB shall include among their- duties to appraise their 
respective constituents, office or sector, to ensure that the provisions of this Act 
are consistent with the Local Government Code of 1991 (R. A. No. 7160), other 
relevant statutes and ordinances, and local and national development plans and 
projects. Failure to comply with the foregoing shall subject such representative to 
disciplinary action as the PAMB may provide. 
The members of the Board shall not receive any salary but shall be entitled 
to reimbursements for actual and necessary expenses incurred, either in their 
attendance in meetings of the Board or in connection with other official business 
authorized by a resolution of the Board, subject to existing rules and regulations. 
SEC. 6. Powers and Functions of fhe PAMB. - The PAMB of the Mt. 
Balatukan Range Natural Park shall have the following powers and functions in 
addition to those provided under RA 7586 or the NIPAS Act of 1992 and its 
implementing rules and regulations: 
(1) Issue rules and regulations to prohibit acts that may be prejudicial to the 
Mt. Balatukan Range Natural Park and to the declaration of policy set forth under 
the NIPAS; 
(2) Issue rules and regulations for the resolution of conflicts through 
appropriate and effective means; 
(3) Adopt rules and procedures in the conduct of business, including the 
creation of committees to which its powers may be delegated; 
(4) Approve the management plan and oversee the office of the Protected 
Area Superintendent (PASu); 
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(5) Establish criteria and set fees for the issuance of permits for activities 
regulated by this Act or the management plan; 
(6) Recommend the deputization of appropriate individuals for the 
enforcement of the laws, rules and regulations governing the conduct or 
management of the Mt. Balatukan Range Natural Park; 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 
and raise funds for the Mt. Balatukan Range Natural Park; 
(8) Manage the allocation of the Mt. Balatukan Range Natural Park Fund, 
and other funds for the Mt. Balatukan Range Natural Park, ensure their proper 
administration and render accounting; and 
(9) Recommend appropriate policy changes to the DENR and other 
government authorities. 
The DENR, through the Regional Executive Director of Region X, shall 
exercise authority to oversee the PAMB to ensure that it is acting within the 
scope of its powers and functions. In case of conflict between administrative 
orders of national application issued by the DENR pursuant to the NIPAS Act and 
the rules and regulations issued by the PAMB, the Regional Executive Director 
shall notify the Secretary who shall decide whether to apply the rule or withdraw 
its application in the Mt. Balatukan Range Natural Park. 
SEC. 7. Protected Area Superintendent (PASu) Office. .- There is hereby 
established a PASu Office in charge of the management, protection and 
administration of the Mt. Balatukan Range Natural Park. It will be headed by a 
Protected Area Superintendent (PASu) and shall be supported by the existing 
personnel of the DENR. The PASu shall be the chief operating officer of the Mt. 
Balatukan Range Natural Park and shall be accountable to the RED of the 
DENR-Region X and the PAMB. The PASu shall have the following duties and 
responsibilities in addition to those provided under RA 7586 or the NIPAS Act of 
1992 and its implementing rules and regulations: 
(1) Prepare and execute the management plan for the Mt. Balatukan Range 
Natural Park; 
(2) Provide a secretariat for the PAMB and supply the PAMB with all the 
information necessary to make appropriate decisions for the implementation of 
this Act; 
(3) Enforce the laws, rules and regulations relevant to the Mt. Balatukan 
Range Natural Park and assist in the prosecution of offenses; 
(4) Supervise all activities within the Mt. Balatukan Range Natural Park to 
ensure its conformity with the management plan; 
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(5) Recommend the issuance of permits based on terms, conditions and 
criteria established by the PAMB; and 
(6) Perform such other functions as the PAMB may assign. 
The PASLI shall be supported by a sufficient number of personnel who shall 
be performing day to day management, protection and administration of Mt. 
Balatukan Range Natural Park. All position titles and items of the DENR 
employees detailed with the Mt. Balatukan Range Natural Park at the time of the 
effectivity of this Act shall be transferred to form part of the PASu Office. 
SEC. 8. Indigenous People's Rights. - Ancestral domain and other 
customary rights and interests of indigenous communities within the Mt. 
Balatukan Range Natural Park shall be accorded due recognition. The 
preservation of ancestral domain and customary rights shall be considered as 
one of the management objectives. The maintenance, management and 
development of ancestral domains which are found to be necessary for protected 
areas will be pursuant to Section 58 of Republic Act No. 8371, otherwise known 
as the "The Indigenous Peoples Rights Act of 1997 (IPRA)". 
The identification, delineation and recognition of ancestral domain claims 
within the Mt. Balatukan Range Natural Park shall be conducted by the National 
Commission on Indigenous Peoples (NCIP) pursuant to the provisions of the 
IPRA, and its implementing rules and regulations, in coordination with the PAMB. 
SEC. 9. Tenured Migrants and Other Mi. Balatukan Range Natural Park 
Occupants. - Tenured migrants shall be eligible to become stewards of portions 
of lands within allowable zones. The PAMB shall identify, verify and review all 
tenure instruments, land claims, and issuances of permits for resource use within 
the Mt. Balatukan Range Natural Park and recommend the issuance of the 
appropriate tenurial instrument consistent with the zoning provided in the 
management plan and its successor plans. 
Nothing herein shall be construed to mean any diminution of accrued rights 
earned by tenured migrants. 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 tenure instrument for cause or by voluntary 
surrender of rrghts, the PASu shall take immediate steps to rehabilitate the area 
in order to return it to its natural state prior to the cultivation or other act by the 
tenured migrant. 
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-., 
Other Mt. Balatukan Range Natural Park occupants who do not qualify as 
tenured migrants shall be resettled outside the Mt. Balatukan Range Natural Park 
as determined by the PAMB. The PAMB shall determine, plan and implement a 
definite schedule for resettling them outside of the Mt. Balatukan Range Natural 
Park following the procedures set forth by existing law. 
SEC. I O .  Existing Facilities Within the Mt. Balatukan Range Natural 
Park. - Within sixty (60) days from the effectivity of this Act, existing facilities 
such as roads, buildings, water systems, transmission lines, communication 
facilities, heavy equipment, and irrigation facilities existing within the boundaries 
of the Mt. Balatukan Range Natural Park shall submit project description to the 
PAMB through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the 
existence of such facility and its future plan and operations will be detrimental to 
the Mt. Balatultan Range Natural Park or whether conditions for its operation 
shall be imposed. If any such conditions are violated, the owner of the facility 
shall be liable to pay a fine of Five thousand pesos (P5,OOO.OO) for every 
violation. Upon reaching a total fine of Five hundred thousand pesos 
(P500,000.00), the PAMB through the PASu and deputizing other government 
entities, shall cause the cessation and demolition of the facility at the cost of its 
owner. 
Existing facilities allowed to remain within the Mt. Balatukan Range Natural 
Park may be charged a reasonable royalty by the PAMB. All income from such 
royalty shall accrue to the Mt. Balatukan Range Natural Park Fund. 
SEC. 4 11. UWzation of Resources. - Any exploitation of or utilization of 
nonrenewable resources within the Mt. Balatukan Range Natural Park shall not 
be allowed. Energy projects within the Mt. Balatukan Range Natural Park shall be 
allowed only through an act of Congress except energy from wind, sun, waves 
and water sources and not more than three (3) megawatts capacity for mini- 
hydro power. Provided, that in all instances, the primary beneficiaries shall be 
residents of the Mt. Balatukan Range Natural Park and its buffer zones: 
Provided, Further, that these renewable energy projects are outside the strict 
protection zone, adopt reduced impact technologies, and undergo the 
Environmental Impact Assessment (EIA) system as provided by law and: 
Provided, Finally, that the PAMB has endorsed the project. 
SEC. 12. Special Prosecutor a i d  Retained Counsel: - Within thirty (30) 
days from the effectivity of this Act, the Department of Justice (DOJ) shall appoint 
a sL)ecial arosecutor to whom all cases of violation of laws. rules and reaulations 
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in the Mt. Balatukan Range Natural Park shall be assigned. Such Special 
Prosecutor shall coordinate with the PAMB and the PASu in the performance of 
hidher duties and assist in the training of wardens and rangers in arrest and 
criminal procedures. The PAMB may retain ,the services of a counsel to 
prosecute and/or assist in the prosecution of cases under the direct control and 
supervision of the regular or special prosecutor and to defend the members of 
the PAMB, the PASu and the staff, or any person assisting in the protection, 
conservation and sustainable development of the Mt. Balatukan Range Natural 
Park, against any legal action related to their powers, functions and 
responsibilities as provided in this Act or as delegated or tasked by the PAMB. 
SEC. 13. Mt Balatukan Range Natural Park Fund. - There is hereby 
established a trust fund to be known as the Mt. Balatukan Range Natural Park 
Fund for purposes of financing projects of the Natural Park. Seventy-five percent 
(75%) of the income generated from the operation of the Mt. Balatukan Range 
Natural Park and/or management of wild flora and fauna in the Park shall accrue 
to the Fund. The remaining twenty-five percent (25%) shall go to the Integrated 
Protected Areas Fund (IPAF) as established in the NIPAS Act of 1992. 
Income shall be derived from visitor/tourist fees, fees from permitted sale 
and export of flora and fauna and other resources from the Mt. Balatukan Range 
Natural Park, proceeds from registration and lease of multiple-use areas, 
including tourism concessions, contributions from industries and facilities directly 
benefiting from the Mt. Balatukan Range Natural Park; and such other fees and 
income derived from the operation of the Mt. Balatukan Range Natural Park 
The Mt. Balatukan Range Natural Park 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 
system, and duly approved projects endorsed by the PAMB in accordance with 
existing accounting and budgeting rules and regulations: Provided, furfher, That 
the Fund shall not be used to cover personal services expenditures. 
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. Furthermore, LGUs may 
charge add-ons to fees imposed by the PAMB: Provided, That such add-ons 
shall be determined based on the contribution of the LGUs in the maintenance 
and protection of the Mt. Balatukan Range Natural Park. 
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SEC. 14. Prohibited Acfs and Penalties. - The following shall be the 
prohibitions and penalties applicable to the Mt. Balatukan Range Natural Park: 
(A)The penalties in Articles 309 and 310 of the Revised Penal Code, 
depending on the value of the resources involved in connection with the 
prohibited act, shall be imposed upon any person who: 
(1) Hunts, takes, destroys, collects, disturbs or possesses any wild 
terrestrial or aquatic plants or animals, flora or fauna, sand, rocks or by-products 
derived therefrom, within particularly identified regulated or prohibited areas 
zones in the Mt. Balatukan Range Natural Park including private lands without 
the necessary permit, authorization or exemption; 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
particularly identified regulated or prohibited areas or zones in the Mt. Balatukan 
Range Natural Park including private lands without the necessary permit, 
authorization or exemption; 
(3) Possesses or transports, within or outside the Mt. Balatukan Range 
Natural Park any timber, forest products, wild terrestrial or aquatic plants, 
animals, or by-product derived therefrom which is ascertained to have been 
taken from the Mt. Balatukan Range Natural Park; 
(4) Undertakes mineral exploration or extraction within the Mt. Balatukan 
Range Natural Park; 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material 
(6) Hunts, collects, removes or destroys any endangered or protected 
species, except when collection or removal is for scientific research and 
exempted from the prohibition by the PAMB; 
within the Mt. Balatukan Range Natural Park; 
(7) Conducts bioprospecting within the Mt. Balatukan Range Natural Park 
without the necessary permit; or 
(8) Establishes or introduces any exotic species, within the Mt. Balatukan 
Range Natural Park, which are detrimental to endemic species and the 
ecosystem therein. 
(B) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than 
Five hundred thousand pesos (P500,OOO.OO) and/or imprisonment from one (1) 
year but not more than six (6) years shall be imposed upon any person who: 
(I) 
Violates any rules and regulations in the management plan or by the 
PAMB or agreements reached before the PAMB in the exercise of adjudicative 
functions; 
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(2) Erects any structure on land or on water for any purposes outside the 
management plan, duly allowed by the PAMB: Provided, That large-scale private 
infrastructure and other projects such as medium to high density residential 
subdivisions, medium to large commercial and industrial establishments, golf- 
courses, heavily mechanized commercial and non-traditional farming, and other 
activities that cause increased in-migration and resource degradation are 
absolutely prohibited; 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment 
within the Mt. Balatukan Range Natural Park without a permit; 
(4) Throws, dumps or causes to be dumped into the Mt. Balatukan Range 
Natural Park any non-biodegradable material or waste whether liquid, solid or 
gas; 
(5) Uses, dumps, places or causes to be placed into the Mt. Balatukan 
Range Natural Park toxic chemicals, including pesticides and other hazardous 
substances, unless the same is expressly allowed in the protection and 
conservation pla 1-1; 
(6) Prospects, hunts or otherwise locate hidden treasures within the Mt. 
Balatukan Range Natural Park; 
(7) Informally occupies or dwells in any land within the Mt. Balatukan 
Range Natural Park without clearance from the PAMB; 
(8) Possesses or uses blasting caps or explosives anywhere within the Mt. 
Balatukan Range Natural Park; 
(9) Destroys, excavates, vandalizes or, in any manner, damages any 
natural formation on land, religious, spiritual, historical sites, artifacts and other 
objects of natural or scenic value; 
( I O )  Alters, removes or destroys boundary marks or signs; or 
(7 7) Engages in kaingin, or, in any manner, causing forest fires inside the 
Mt. Balatukan Range Natural Park. 
Valuation of the damage for this Act shall take into account biodiversity and 
conservation considerations as well as aesthetic and scenic value. Valuation 
assessed by the DENR or the concerned government agency shall be presumed 
correct unless otherwise proven by a preponderance of evidence. 
Any person who shall induce another or conspire to commit any of the illegal 
acts prohibited in this Act or suffer their workers to commit any of the same shall 
be liable in the same manner as the one actually performing the act. 
All conveyances, vessels, equipment, paraphernalia, implements, gear, 
tools and similar devices shall be subject to immediate and administrative 
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confiscation, independent of the judicial proceedings by the PASu Office upon 
apprehension, subject however to due process and substantial evidence 
requirements. When legal action is however filed in the regular courts, the said 
conveyances, vessels, equipment, paraphernalia, implements, gear, tools and 
similar devices, independent of the administrative proceedings, shall not be 
released until after judgment has been rendered. Proceeds of the sale of all 
objects adtriinistratively or judicially confiscated pursuant hereto shall accrue to 
the Mt. Balatukan Range Natural Park Landscape Fund. Procedure for the sale 
thereof shall be promulgated by the PAMB. 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 PASu Office for release 
in its natural habitat, subject to existing regulations. 
The penalties specified in this Section will be in addition to the penalties 
contained in RA 9072 (National Caves and Cave Resources Management and 
Protection Act), RA 9147 (Wildlife Resources Conservation and Protection Act), 
and other related laws. 
SEC. 15. Reporting Responsibility. - The PASu, through the PAMB, 
shall submit an annual accomplishment report to the Secretary of the DENR on 
the activities undertaken in the Mt. Balatukan Range Natural Park. 
SEC. 16. Appropriations. - The Secretary 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. 
SEC. $7. Construction and Suppletory Application of Existing Laws. - 
The provisions of this Act shall be construed liberally in favor of achieving 
biodiversity conservation, protection and sustainable development. Provisions of 
Republic Act No. 7586, otherwise known as the National Integrated Protected 
Areas Management Act of 1992 and existing forestry laws, and their 
corresponding rules and regulations not inconsistent hereto shall have the 
suppletory effect in the implementation of this Act. 
SEC. 18. Transifory Provision. - In order to ensure the sustainability and 
integrity of the watersheds and water resources, the recovery and restoration of 
biological diversity and to develop sustainable livelihood opportunities for tenured 
migrants, the DENR shall henceforth cease to issue concessions, licenses, 
permits, clearances, compliance documents or any other instrument that allows 
exploitation and utilization of resources within the Mt. Balatukan Range Natural 
Park until the management plan shall have been put into effect. 
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All existing land use and resource use permits within the Mt. Balatukan 
Range Natural Park shall be reviewed and shall not be renewed upon their 
expiration unless consistent with the management plan, as provided herein, and 
upon approval by the P.rotected Area Management Board (PAMB). 
SEC. 19. Repealing Clause. - For the purpose of the Mt. Balatukan 
Range Natural Park, all laws, rules and regulations inconsistent herewith are 
modified accordingly. The prohibitions and penalties under the NIPAS Act, which 
are not inconsistent herewith, shall likewise apply. 
SEC. 20. Separability Clause. - If any part or section of this Act is 
declared by the courts as unconstitutional, such declaration shall not affect the 
other parts or section hereof. 
SEC. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its complete publication in the Official Gazette or in a national newspaper of 
general circulation available in the Mt. Balatukan Range Natural Park. 
Approved. 
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