Republic of the Philippines] HLS JF <P: SENTATIVES

HOUSE OF REPRESENTATIVES RECENT
Quezon City, Metro Manila} ~

SEVENTEENTH CONGRE$S
First Regular Session

HOUSE BILL NOL2Z 2

Introduced by: REPRESENTATIVE CELS

AN ACT DECLARING THE PASONANCA WATERSHED FOREST
RESERVE LOCATED IN ZAMBOANGA CITY AS A PROTECTED AREA
UNDER THE CATEGORY OF NATURAL PARK AND PROVIDING FOR
ITS MANAGEMENT

EXPLANATORY NOTE

This Bill seeks to establish the Pasonanca Watershed Forest Reserve in
Zamboanga City as a Protected Area under the category of a natural park, to be
known as the Pasonanca Natural Park.

Representative Erico Basilio A. Fabian first filed this Bill during the 13°, 14"
and 15" Congress. It was also re-filed during the 16th Congress by then
Representative Lilia Macrohon-Nufio as House Bill No. 2629 which was then
substituted by House Bill No. 4506 and was pending action in the Senate upon the
adjournment of the 16" Congress

The Pasonanca Natural Park and its buffer zones are situated in Zamboanga
City, with a total area of 17,414 hectares. It embraces the following areas: Pasonanca,
Lumayang, Tolosa, Bungiao, Dulian, Baluno, Salaan, Cacao, Lunvuran, La Paz,
Lapacan, and Lamisahan. At least 90% of the natural park is still intact with
secondary and primary growth dipterocarp forest. There are cultivated lands, man-
made plantations, grasslands and some built-up area.

It is an initial component of the National Integrated Protected Area System
(NIPAS), being subject of a previous proclamation preceding NIPAS-Proclamation
No. 199, dated December 17, 1987, known as the Pasonanca Watershed Forest
Reserve. It was re-assessed as to its suitability as a protected area under NIPAS and
later on covered under Presidential Proclamation No. 132 dated July 5, 1999,

The dense forest is still high in floral and faunal species diversity. The fauna
‘composition represents diverse species constituting the four (4) classes of vertebrate
forms including the endangered species of Philippine raptors, notably the Philippine
eagle (Pithecopaga jefferyl). The floral composition is diverse and widely distributed
in different types of ecosystems.



The perennial springs/streams/ereeks are traversing and ultimately drain the
stretch of the Tumaga River. The park’s watershed is the source of water for domestic
use by the city’s populace as well as for industrial. aquaculture and irrigation to
farmlands. Being the only remaining virgin forest, which is near and accessible to the
center of population, the park faces potential threats brought about by certain
pressures, e.g., increase in population and development

Approval of this Bill will provide the Pasonanca Natural Park, among other
things, adequate protection and conservation measures, coordinated management
schemes among stakeholders and interest groups, as well as the necessary funding
mechanism for sustainability in its operations, Approval of this Bill is a penultimate
step required under the NIPAS process for the actual ground survey and delineation of
the boundaries of the protected area and the identified management zones

Similar laws have already been enacted covering natural parks, including the
Northem Sierra Madre Natural Park (R.A 9125); Mt. Kanlaon Natural Park (RA
9154), Mt. Kitanglad Range Protected Area (R.A 8978); Mt, Apo Protected Area
(R.A 9237); and Mt. Malindang Range Natural Park (R.A 9304).

In view of the foregoing, approval of this Bill is eamestly sought.

TH
CELSO L. LOBREG
Representative
Zamboanga City, 1" District



Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quevon City. Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

123

HOUSE BILL NO.

Introduced by: REPRESENTATIVE CELSO L. LOBREGAT

AN ACT DECLARING THE PASONANCA WATERSHED FOREST
RESERVE LOCATED IN ZAMBOANGA CITY AS A PROTECTED AREA.
UNDER THE CATEGORY OF NATURAL PARK AND PROVIDING FOR
ITS MANAGEMENT.

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

CHAPTER I INTRODUCTORY PROVISIONS,

SECTION 1. Title. ~ This Act shall be known as the “Pasonanca Natural Park
Act”

‘SEC. 2, Declaration of Policy. - Considering the importance of the Pasonanca
Watershed Forest Reserve's unique biological resources and its aesthetic,
sociocultural, economic and ecological importance, it is hereby declared the policy of
the State to further secure its protection and conservation, including the people and
the communities residing therein as well as their way of life. For this reason, the State
shall protect and conserve its biodiversity; advance, respect and protect the customs
and interests of its legitimate inhabitants; and foster partnerships among government,
nongovernment organizations (NGOs) and people’s organizations (POs),

SEC. 3. Scope. ~ The Pasonanca Natural Park, including its buffer zone,
covers a total area of about twelve thousand one hundred two and 8/100 hectares
(12,102.08 has. .

PASONANCA CORE ZONE
Beginning at point marked "1" which is S. 10° 11" 34” W., 2.011.749 meters

from PRS92 - 1A - ZGC, Zamboanga City with geographic coordinates of 06° 58'
34.22" North and 122° 04' 30.19" East

LINE BEARING DISTANCE (meter)
1-2 N. 34° 36° 09" W 783.61
23 N. 36° 52° 11" W. 235.00
3-4 N. 36° 37° 00" W. 271.60



45
5-6
6-7

78

10-11
1-12
12-13
13-14
14-15
15-16
16-17

17-18

22-23
23-24
24-25
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26-27
27-28
28-29
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50° 05°
30° 43°
1° 44"
48° 58°
23° 55°
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20° 38°

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1,774.37
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1,000.40
339.09
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439.90
298.23
181.75
303.73
229.56
243.18
252.00
222.21
288.47
252.41
226.89
255.00
288.32
237.71
699.75
234.71
215.92
222.58
221.47
125,09
248.31

283.93



31-32,
32:33
33-34
34-35
35-36
36-37
37-38
38-39
39-40
40-41
41-42
42-43
43-44
44-45
45-46
46-47
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284.27
303.80
364.14
371,70
418,35
1,033.35
1,905.30
63.21
192.06
193.63
130,46
201.17
222.79
161.97
278.68
2,251.35
2,557.00
2,076.45
3,129.75
1,929.32
341.75
612.32
275.27
911.66
212.43
240.35

390,00



58-59
59-60,
60-61
61-62
62-63
63-64
64-65
65-66
66-67
67-68
68-69
69-70
70-11

71-72
12-13
73-74
74-15
75-16
16-77
71-18
78-19
79-80
80-81

81-82
82-83
83-84

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43°57"

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29" E.
38" E
58" E.
59" E.
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29° E.
12" W.
52° W.
4s” W.
16” W.
32° W.
41” W.
16" W.
1s" W.
40” W.
56" W.

42" W.

362.02
307.73
243.56
211.84
249.84
215.45
292.84
238,09
192.88
65.25

223.12
272.64
184.63
237.19
239.75
317.17
254.72
235.73
307.08
356.07
321.18
372.11
259.04
360.04
188.03
217.24

322.84



85-86
86-87
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-100
100-101
101-102
102-103
103-104
104-105
105-106
106-107
107-108
108-109
109-110
110-111

1-112

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S. 44° 30°

46° 17

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S. 58°17"
S. 74° 02"
S. 15°53"
S. 38°46"
S. 01° 43"

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S$. 74°03"
S. 12°03"
S. 12°20"
S. 08° 13°
N. 20°37"
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N. 64° 14°

05° 47°
23° 53°
02° 41°

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55° 36"
36°41"
49° 39°
37° 44"

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38”
56"
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263.24
318,39
337.19
257.83
267.67
625.55
2,111.22
806.43
822.59
1,247.38
742.70
1,389.21
868.00
292.07
63.60
1,209.62
145,42
255.04
436.35
123.76
224.96
327.57
181.87
181.65
197.77
211.52

377.49



112-113 S. 89° 30° 06" W. 345.01
113-114 S. 26° 09° 15” W. 374.33
14-115 S. 20° 16° 08" W. 256.91
115-116 S. 06° 28° 44” W. 319.04
6-117 $. 09° 30° 39" W, 387.32
7-118 8. 24°11 01" E. 236.78
118-119 S. 30° 14" 18" E. 460.68
119-120 S. 06° 06" 55” E, 140.80
120-121 S. 24° 09° 47" W. 1,131.10
121-1 S. 13° 43° 36" W. 1,976.45

PASONANCA BUFFER ZONE 1

Beginning at point marked “1” which is N. 62° 44° 42” W., 4,308.321 meters
from PRS92-1A- ZGC, Zamboanga City with geographic coordinates of 06° 58°
34.22" North and 122° 04° 30,19” East,

LINE BEARING DISTANCE (meter)
12 N. 52°.0" 52” W. 862.76
23 8. 77° 52° 1" W. 314.02
34 N. 51° 58° 6" W. 256.45
45 N. 87° S122” W. 187.13,
56 S. 35°.9° 32” W. 281.33
6-7 8. 51°57 11" E, 146.03
78 S. 39° 15°44" E, 148.53
8-9 S. 12°45" 27" W. 163.03,
9-10 S. 75° 42° 42” W. 275.52
10-11 S. 56° 41° 52" W, 163.92
1-12 $8. 47°2° 43" E. 158.49



12-13
13-14
14-15

15-16
16-17
17-18
18-19
19-20
20-21

21-22
22-23
23-24
24-25
25-26
26-27
27-28
28-29
29-30
30-31

31-32
32-33
33-34
34-35

35-36
36-37
37-38

38-39

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55° 6" 18" W.
29° 28° 34” W.
47° 16° 5” E,
23° 4 25” E.
40° 36° 5” W.
84° 43° 49" W.
9° 8 41" W.
40° 24° 34” W.
63° 26° 6" W.
49° 34° 26" W.
32° 39° 22".
58° 38° 34" E.
56° 26" 14" W,
82° 36° 50” W,
20° 2° 43” E.
22° 13° 47" W.
4° 49° 50” E.
56°31 SIE,
5°50" 6" W.

48° 28° 35° W.

|. 6° 5° 29" E,

39° 36" 14” E.

76° 44° 34” E,

N. 79° 45° 55” E.

210.75
212.79
203.36
145,09
132.10
142.98
301.09
304.25
413.75
207.64
194.37
161.00
283.75
261.31
74.95
124.81
108,90
157.54
124.23
213.76
215.78
137.71
303.20
254.44
218.05
196.23

292.66



39-40
40-41

41-42
42-43
43-44
44-45
45-46
46-47
47-48
48-49,
49-50,
50-51

51-52

55-56

56-57
57-58
58-59
59-60,
60-61
61-62
62-63
63-64
64-65

65-66

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35° 6" 43" E.
45°.0" OTE.
5° 35° ST" W.
53° 20° 20" W.
64° 22° 18" E,
8° 54°37" E.
47° 52° 19" W.
47° 4° 45° W.
15°0" 32° E.
53° 47° 26" W.
22° 6" 33” E.
46° 23° 19" E.

18° 57° 29" W.

|. 35° 14° SI W.

14° 6 35" E.
36° 41° 37° W.
85° 9° 42” E,
1°46" 13" W.
46° 18° 22” E.
TT AT 59" E.

36° 58° 22" E.

|. 80° 46° 20” E.

20° 38° 48" W,
0° 56° 9" E.
23° 55° 8” W.
48° 587 42” W.

11° 44° 14" W.

156.47
243,25
153.73
219.40
328.30
238.88
211.69
214.40
142,87
69.41
69.08
233.41
138.51
91.84
682.49
572.69
1,093.54
860,25
339.46
177.54
261.23
390.04
699,75
237.71
288,32
253.00

226.90

10



66-67 $, 30°43" 43" E. 252.41

67-68 $8. 50° 5°45" E, 288.47
68-69 S. 13°55" 42” E, 222.21
69-70 8. 83° 7° 6" W. 252.01
10-71 S. 60° 34° 13” W. 243.18
71-72 S. 54° 38° 15” W. 229.56
72-73 S. 14° 43°37" W. 303.73
73-74 S. 14° 59° 34" E. 181.75
74-15 S, 24° 31° 35" E, 298.24
75-16 S. 62° 25° 47" E. 439,90
6-1 $. 38° 19° 18" E L9ILSL
PASONANCA BUFFER ZONE 2

Beginning at point marked “1” which is N. 20° 48° 53” E., 5.780.253 meters
from PRS92- 1A- ZGC, Zamboanga City with geographic coordinates of 06° 58°
34.22” North and 122° 04° 30.19” East.

LINE, BEARING DISTANCE (meter)
1-2 N. 1°43" 10" E, 1,389.21
23 N, 38° 46" 29” E. 742.70
34 N. 15° 53°53" W. 1,247.38
4-5 N. 74° 2°57" W. 822.59
5-6 N. 58° 17° 58” W. 806.43
6-7 N. 52°25" 13” B, 2,111.22
78 N. 2°41 47" W. 625.55
8-9 N. 23° 53° 16". 267.67
9-10 N. 5°47" 12" E. 257.83
10-11 N. 46° 17° 48" E, 337.19

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11-12
12-13
13-14
14-15
15-16
16-17
17-18
18-19
19-20
20-21
21-22
22-23
23-24
24-25
25-26
26-27
27-28
28-29
29-30,
30-31
31-32
32-33
33-34
34-35
35-36
36-37

37-38

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44° 30° 3° E.

34° 22° 16" E.
32° 50° 42” E.
33° 34° 57” E,
25°9° 41" E.

22° 20° 16" E.
82° 49° 16” E.
57° 22° 42" E.
45° 44° 33” E,
11° 9°16" E.

192° 45" E,

0° 40" 52" E.

0° 25° 13" E.

19° 51° 29" W.
38°34" 1" W.
42° 14° 0" W.
42° 56° 59" W.
46° 6 38" W.
47° 56° 29" W.
47° 56° 30" W.
42° 17° 32" W.
44° 44° 18" W.
47° S145” W.
45° 15° 317 W.

46° 52° 27" W.

|. 42° $8" 47" W.

45° 50° 1" W.

318.39
263.24
322,84
217.24
188.03
360.05
259.04
372.11
321.18
356.07
307.08
235.73
254.72
317.17
239.75
237.19
184.63
272.64
148,12
75.00
65.25
192.88
238.09
292.84
215.45
249.84

211.84

12



38-39
39-40
40-41

41-42
42-43
43-44
44-45
45-46
46-47
47-48
48-49
49-50
50-51
51-52
52-53

53-54

55-56
56-57
57-58
58-59
59-60
60-61
61-62
62-63
63-64

64-65

43° 57° SI" W.
37° 36° 2" W

3°50" 49" W.

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2° 47° 30" E.

4° 0" 42" E.

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8° 20° 38" E.

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6° 29° 29" W.
41° 36° 24" W
23° 5° 2° W.
37° 27° 50” W.

42° 55° 51” E.

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69° 37° 25" E,

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13° 46" 40” E.
S. 50° 0° 37° W,

18° 37° 26” E.

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38° 40" 45” W.

a

41° PTW.
S. 7° 25° 53” W.
S. 69° 15° 14" W.
S. 28° 29° 44” W.
S. 14° 55°53" E.
N. 86° 33° 59" W.
8. 39° 17° 22” W.
S. 39° 1 10".
S. 13° 14° 26" W.
S. 62° 47° 2" W.

S.2°7° 16" W.

243.56
307.73
362.02
390,00
240,36
212.43
911.66
275.27
612.32
341.75
2,513.17
2199.38
673,63
649.44
961.53
579.59
117.20
88.16
268.26
151.37
118.01
190.39
108.04
283.75
66.38
149.59

102.70

13



65-66
66-67
67-68
68-69
69-70,
70-71
71-72
72-73
73-74
74-15,
15-16
16-17
11-18
78-79
79-80
80-81
81-82
82-83
83-84
84-85
85-86
86-87
87-88
88-89
89-90
90-91

91-92

S. 60° 31° 27" E.
S. 67° 45° 4" W.
S8.6°44° 47" E.
8. 84° 15° 3" E.
S$. 45°0° 0" E
N. 64° 47° 56” E.
S. 14° 25° 15" E.
N. 70° 20° 46" E.
S. 76° 45° 34” E.
8. 25°F 1" W.
S$. 19° 17° 24" B,
S. 47° 38733” W.
S.2°S1 45" E,
S. 63° 48° 0" E

S.21° 19°

E
N. 72° 53° 50" E,
S. 30°31° 47" E,
S. 30° 57° 50” W.
S. 85° 54° 52” W.
S. 9° 27°44" E.
Due east

S. 62° 24° 10” W.
S. 18° 42° 42” W.
N. 75° 27" 56” E,
S. 76° 36°27" E,
S. 42° 30° 38” W.

S. 57°39" 9" E,

100.42
90.35
136.51
316.24
80.63
Al
274.72
113.01
132.76
377.50
161.08
174.88
152,23
266.88
501.85
155.10
172,09
265.96
106.70
115.60
186,25
188.71
248.81
212.04
82.05,
123.75
134,97

14


92-93
93-04
94-95
95-96,
96-97
97-98
98-99
99-100
100-101
101-102
102-103
103-104
104-105
105-106
106-107
107-108
108-109
109-110
10-111
WA-L2
112-113
113-114
14-115
115-116
116-117
117-118

118-119

N. 70° 15° 11" E.
N. 83° 55° 39° E,
S. 8°7" 48" W.
S. 37°31" 42" E.
S$. 4° 11°52".
S. 60° 38° 32” E,
S. 18° 0° 15" W.
S. 54°27° 44" E.
N, 36° 23° 4” E.
N. 8° 7° 48" E,
N. 61° 36° 25" E
$.59°2° 10",
S, 58°40" 17° W.
S. 45°.0° 0" E.
N. 65° 22° 35" E,
$.33° 41° 24" E,
N, 78° 18° 38" E.
S. 40° 18° 51" W.
S. 67° 14° 56” E.
N. 53° 7° 48" E.
N, 6° 10" 13" E.
Due east

S.34° 12° 7° E.
S.77° 19 LIE,
S. 81° 52°12” W.
§, 22°37" 12" W.

S. 28° 8° 30" E,

157.50
179.65
80.63
330.70
415.42
139,55
159.87
163.48
89.71
80.63
159.87
132.98
204.69
112.88
100.35
82.23
112,56
164,50
127.77
133.03
141.45
57.01
114,91
155.84
241.89
98.82

185.35

15



119-120
120-121
121-122
122-123
123-124
124-125
125-126
126-127
127-128
128-129
129-130
130-131
131-132
132-133
133-134
134-135
135-136
136-137
137-138
138-139
139-140,
140-141
141-142
142-143
143-144
144-145

145-146

a”

41° 43°46" W.
S. 21°22" 14" E.
N. 65° 46° 20” W.
N. 25° 42° 36" W.
N. 57° 7° 25" W.

S. 86° 3°17" W.

rs

11° 55°46" E,

42°36" 51” E.

a

46° 50° 51” W.

ea

37° 8" 48" E.

2

S. 10° 29° 29” E,
S. 60° 27° 40" E,

N. 42° 30° 38” E.

S. 59°37" 15° E.
S$. 46° 2° 30" W.
Due south

S. 60° 31°27" W.
S. 15° 56° 43" E.
S. 5°51" 22".

S. 88° 48° 23” W.
S. 1°42" 35" W.

S. 43° 12° 36" E.

N. 85° 36° 5” E.
8. 32°58" 10" E,
S. 54° 55°34" E,
S. 21° 44° 56" E.

S. 44° 14°27" W.

188.44
187.75
166.72
113.90
371.1
110.49
275.82
129.12
166.72
157.36
104.37
131.06
123.75
127.77
295,69
117.83
100.42
166.03
149.01
182.48
254.78
172.09
148.67
167.63
218.28
193.43

2,696.11

16



146-147

147-148
148-149
149-150,
150-151
151-152

152.

153-154
154-155
155-156
156-157
157-158
158-159
159-160
160-161
161-162
162-163
163-164
164-165
165-166
166-167
167-168
168-169
169-170
170-171

171-172

S.
s.

Ss.

s.
s.
s.
S.
s.

32° 52° 20” E.

68° 15° 2” W.
6°49" 16" E.
12° 39° 21" E.
38° 30° 39" W.
89° 27° 40” W.
86° 8° 4" W.
42° 9° 51” W.

34° 14° 42" W.

N. 56° 14° 25" W.

N. 87° 2° 21" W.

S.
s.

30° 53° SI” W.
4° 35° 37" W.
78° 41" 24” W,
49° 227 1" W.
71° 42° 46" W,
2°53" 4" E.

9° 27 44” W.
33° 21° 59” W.
29° 32° 10" E.
56° 28° 36" E.
31°2' 58" E,
35° 15° 40" W.
15° 28° 31" E.
1° 4° 25" W.

88° 14° 23” W.

1,085.56

410.20
570,25
923.22
300.32
319.01
148.34
457.35
257.67
228,54
174,23,
148,00
349,29
168.27
195,02
245,39
258.33
231.15
147.28
233.31
195.55
114.39
102.19
251.10
130.25

423,20

17



172-173 N.71° S71" W. 329.20
173-174 N. 21° 35° 9” W. 345.21
174-175 N. 53° 27° 46" W. 206.60
175-176 N. 54° 38° 59” W. 248.89
176-1 N. 54° 17° 36" W. 275.86

SEC. 4, Land Classification. — Subject to private rights if there be any, all

lands of the public domain declared within the coverage and scope of the Pasonanca
Natural Park shall fall under the land classification of national park: Provided,
however, That the present land classification of any area within its buffer zone, as
defined and delimited herein, shall be retained and is hereby respected.

a)

b)

°)

ad

8)

SEC. 3. Definition of Terms. — As used in this Act

Biodiversity or biological diversity refers to the variability among living
organisms, including genetic and structural differences, including the
variability within and between species, and within and between ecosystems;

Buffer zone refers to identified areas outside the boundaries of and
immediately adjacent to designated protected areas pursuant to Section 8 of
Republic Act No. 7586 or the National Integrated Protected Areas System
(NIPAS) Act of 1992 that need special development control in order to avoid
or minimize harm to the protected area;

Environmental Impact Assessment (KIA) refers to the procedures undertaken
pursuant to the Environmental Impact Statement System established under
Presidential Decree No. 1586 or supervening legislation;

Management plan refers to the fundamental plan, strategy and/or scheme
which shall guide all activities relating to the Pasonanea Natural Park in order
to attain the objectives of this Act as stated in Section 2 hereof:

Multiple-use zone refers to area identified in a plan or map 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. Within multiple-
use zones, land tenure may be granted to actual residents, whether members of
indigenous communities or migrants residing or occupying any land within the
protected area and acknowledged as members of the local community;

National Integrated Protected Areas System (NIPAS) refers 10 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;

National park refers to one (1) of the four (4) classifications of lands of the

18



hy)

Dd

kK

public domain, the others being agricultural, forest or timber and mineral
Jands, pursuant to the Philippine Constitution;

Natural park refers to a relatively large area not materially altered by human
activity Where extractive resource uses are not allowed, and maintained 10
protect outstanding natural and scenic areas of national or intemational
significance for scientific, educational and recreational use:

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

Recreation zone refers to an area of high recreational, tourism, educational or
environmental awareness value where ecotourism, recreational, conservation,
‘education or public awareness activities may be allowed:

Restoration zone refers to an area of degraded habitat or where the long-term
goal is to restore natural habitat with its associated biodiversity and to rezone
the area to a more strict protection level, and excludes the use or introduction
of exotic species in the restoration process; and

Strict protection zone refers to an area with a high biodiversity value, which

shall be closed to all human activity except for scientific studies and/or
ceremonial or religious use by indigenous communities.

CHAPTER II

PROTECTED AREA MANAGEM!

SEC. 6. Management Mechanism. — The management and administration of

the Pasonanca Natural Park shall be consultative and participatory. The sole policy-
making authority is vested in the Protected Area Management Board (PAMB), which
shall be chaired by the Department of Environment and Natural Resources (DENR)
Regional Executive Director (RED) for Region IX. From time to time, the PAMB
may also create committees to which it may delegate some of its powers and
functions

SEC. 7. The Protected Area Management Board (P AMB). ~ The PAMB

shall be composed of the following

a)
b)

°

d)

The DENR RED for Region LX, who shall sit as PAMB Chairperson;

The Mayor of Zamboanga
chairperson;

y or a duly designated representative, as vice

The Chairperson of the Committee on Natural Resources and Environmental
Protection of the Sangguniang Panlungsod of Zamboanga City, as member.

The General Manager of the Zamboanga City Water District (ZCWD) or a

19



duly designated representative, as member:
e) The planning and development officer of Zamboanga City, as member;

{) The barangay chairpersons in Zamboanga City whose areas of jurisdiction are
within the protected area, as members;

g) Three (3) representatives from Zamboanga City-based NGOs and community
organizations, including POs, church or civic organizations, with interests
within the protected area;

h) Three (3) representatives from national government agencies with offices in
Zamboanga City involved in protected area management or whose mandate
affects the protection and conservation of the park, to be appointed by the
DENR Seeretary, upon the recommendation of their respective heads of
office; and

i) Three (3) representatives from local stakeholders who can assist and
contribute in the protection and conservation of the park, to be appointed by
the DENR Secretary

In selecting the representatives from the POs and the NGOs, the following
criteria shall be primarily considered:

1) Active involvement in the ecological conservation, preservation.
rehabilitation and protection of the park;

2) Good potential in community organizing and other development
works;

3) Favorable track record in community work; and

4) Duly accredited by the local government of Zamboanga City and the
DENR.

SEC. & Term of Office of PAMB Members. — Except for government
officials who shall serve ex officio and whose term of office as PAMB members are
coterminous with their employment in the agency being represented, the members of
the PAMB shall be appointed by the DENR Secretary and shall serve for a term of
five (5) years: Provided, That said PAMB members remain connected with the
organization being represented. Whenever a vacancy occurs during the term of a
PAMB member who is not a government agency representative, a new member shall
be chosen in the same manner as the original selection process: Provided, further,
‘That the substitute shall only serve for the remaining term.

The members of the PAMB shall not receive any compensation but shall be
entitled to reasonable per diem in accordance with existing accounting and auditing
rules and regulations.

SEC. 9. Duties and Functions of the P AMB. ~ As the highest policy-making
body for the protected area, the PAMB shall exercise the following powers and
functions

20



(a) Approve or decide on all matters related to or based on the approved
management plan, proposals, work and action plans. resource protection, delineation
and demarcation of protected area boundaries, buffer zones, ancestral domains,
recognition of rights and privileges, and guidelines and policies for the management
and conservation of the protected area;

(b) Review and adopt the management plan and development program and
their implementing rules and regulations, and ensure strict compliance therewith;

(c) Control and regulate the construction and maintenance of roads, trails,
waterworks, sewerage, fire protection and sanitation systems and other utilities within
the park;

(d) Control and supervise the Office of the Protected Area Superintendent
(PASu) and monitor and evaluate the performance of the protected area personnel,
NGOs and communities involved in conservation and development work:

(e) Issue all necessary permits within the park, including its buffer zones, and
collect reasonable fees therefor in accordance with the management plan and
consistent with the conservation and protection of the park. The PAMB may delegate
this authority to the PASu under proper guidelines:

(O Deputize, through the PASu, individuals for the enforcement of all laws
rules and regulations governing conduct within the park and its buffer zones, and
prescribe the qualifications therefor:

(g) Accept donations and grants and approve proposals for funding and budget
allocation, and exercise accountability over all funds that may accrue;

(b) Coordinate with the appropriate agencies of the government, local or
national, on all matters related to the protection and conservation of the protected area
and its buffer zones, and request their assistance for the same purpose:

(i) Retain a legal counsel, either on permanent, temporary or part-time basis,
to defend cases against the PAMB, the PASu Office and staff, and deputized
individuals whenever they are sued in connection with the performance of their duties
under this Act, and to assist the PAMB on all legal matters: and

(i) Adopt rules and procedures for the conduct of business, including the
creation of committees to which certain powers of the PAMB may be delegated

The DENR, through the RED for Region IX, shall ensure that the PAMB acts
within the scope of its powers and functions, In case of conflict between
administrative orders issued by the DENR pursuant to Republic Act No, 7586,
otherwise known as the “National Integrated Protected Areas System Act of 1992”,
the rules and regulations issued pursuant thereto and other relevant laws on
environmental protection and natural resources management and the resolutions and
issuances of the PAMB, the DENR Secretary shall decide as to which rule, regulation
or resolution shall prevail

SEC. 10. Protected Area Superintendent (P ASu) Office. - There is hereby
established a PASu Office in charge of the management, protection and

21



administration of the protected area. The PASu Office shall be supported by the
existing personnel of the DENR. The head of office shall be the chief operating
officer of the Pasonanca Natural Park and shall be accountable to the DENR RED for
Region IX and the PAMB, The PASu shall have the following powers and functions.

a)

b)

©)

dy

e)

9)

hy

Prepare the management plan and its successor plans as herein provided;

Serve as secretariat to the PAMB with the duty to provide the PAMB with all
information necessary to make appropriate decisions for the implementation of
this Act;

Supervise the necessary personnel to support operations as the budget may
allow

Establish a productive partnership with local communities, including groups
supporting the achievement of the goals and objectives of this Act;

Develop and implement park information, education and visitor programs,
Enforce the laws, rules and regulations and PAMB resolutions relevant to the
protected area and its buffer zones, and assist in the prosecution of offenses;
Monitor all activities within the protected area and its buffer zones in
conformity with the management plan; and

Perform such other functions as the PAMB may assign.

SEC. 11. Management Plan, — Within one (1) year from the effectivity of this

Act, the P ASu shall prepare a management plan in accordance with the General
Management Planning Strategy (GMPS) and in coordination with the appropriate
offices of the DENR, local communities, the City Goverment of Zamboanga, NGOs,
other government agencies and available experts with socio-environmental, economic
and ecological experience in the area. The plan shall contain, among others, the
following

a. The period of its applicability, at least for ten (10) years, subject to
review anytime as may be determined necessary by the Board.

b. The analysis of key management issues and problems considered as
threats {0 conservation, management and maintenance, including
impacts on the important features of the area;

¢. Broad and long-term vision in the form of goals, a “vision statement”,
guiding policies for management, set of objectives and specific
statements on what management can achieve within the timeframe of
the plan;

d._ Site management strategies:
e. Zoning plan, illustrating the boundaries, classification and

management of specific zones and other activities allowed or
prohibited for each zone;

22



£ Management programs to include the enforcement of laws, habitat and
wildlife management, ecotourism, sustainable use of resources,
infrastructure development and maintenance, fire prevention and pest
control;

g. Mechanisms for the protection of tenured migrants in the exercise of
their rights:

h. Sustainable and nondestructive livelihood activities; and

i, Regulations in the furtherance of the preservation and conservation
objectives, such as the scheme in the issuance of permits and rules on
the restrictions of resource-use.

The management plan shall be reviewed and adopted by the PAMB and
certified to by the DENR Secretary that it conforms to all laws, rules and regulations
issued by the DENR. In no case shall the management plan be revised or modified
without the prior approval of the PAMB and in accordance with the procedures herein
set forth

One (1) year before the expiration of the management plan, the Office of the
PASu shall prepare a successor management plan which shall be done in the same
manner as the procedure and principles herein set forth and in accordance with the
GMPS. In the same period, the PASu shall cause the publication of notices for
comments and suggestions on the successor plan in a newspaper of local circulation
and the posting of such notices in the city and barangay halls of the barangay units
comprising the protected area and in three (3) other conspicuous places frequented by
the public within the protected area At least two (2) public hearings shall be
conducted on the successor plan.

The management plan shall be written in English and Chabacano, plainly
written and available for public perusal at the Office of the PASu

SEC. 12. Management Zoning. ~ Management zones shall be established in
the protected area to provide protection for critical or representative habitats, Within
each management zone, similar management emphasis shall be applied, comparable
levels of use shall be permitted and different uses shall be segregated. Each
management zone shall be demarcated on the ground and indicated on the maps after
undertaking such steps as land and resource-use mapping and dialogue with the
communities, the City Government of Zamboanga and other stakeholders, Within
each zone, management prescriptions shall be reasonably uniform but may differ in
type or intensity from those in other zones in order to accommodate multiple
objectives

CHAPTER IID
TENURED MIGRANTS:
SEC. 13. Tenured Migrants. — Any person who has been actually and

continuously occupying an area within the Pasonanca Natural Park for a period of five
(5) years prior to the issuance of Proclamation No. 199, dated December 17, 1987,

23



proclaiming the Pasonanca Watershed Forest Reservation, and is solely dependent on
the protected area for subsistence shall be considered a tenured migrant.

A tenured migrant shall be eligible to become a steward of a reasonable
portion of land within the multiple-use or buffer zones of the Pasonanca Natural Park
from which the tenured migrant may derive subsistence: Provided, however, That
current occupants who do not qualify as tenured migrants shall be resettled outside the
protected area,

The PAMB shall review all tenure instruments, land claims or permits issued
for resource-use within the protected area, if any, and recommend the issuance of
appropriate tenure instrument consistent with the management or subsequent plans.
Those who have been cultivating land within the protected area shall be considered to
be occupying such lands and shall be entitled to a tenure instrument limited to
cultivation and residence: Provided, That the rights accruing under such tenure
instrument can only be transferred to direct descendants

Nothing herein shall be construed to mean any diminution of accrued rights
eared by tenured migrants, If areas occupied by tenured migrants are designated as
zones in which no occupation or other activities are allowed, they shall be transferred
to multiple-use areas or to the buffer zones under just and humane conditions.

In the event of termination of a tenure instrument for cause or by voluntary
surrender of rights, the P ASu shall take immediate steps to rehabilitate the area in
order to return it to ils approximate natural state prior to cultivation or other acts by
the tenured migrant

SEC. 14. Existing Rights. — All prior property and private rights within the
protected area and its buffer zones and ancestral domains already existing and/or
vested prior to the effectivity of this Act shall be protected and respected in
accordance with existing laws

CHAPTER IV
PROHIBITED ACTS AND PENALTIES

SEC. 15. Special Prosecutor. — Within thirty (30) days from the effectivity of
this Act, the Department of Justice (DOJ) shall appoint a special prosecutor to whom
all cases of violation of laws, rules and regulations in the Pasonanca Natural Park
shall be assigned, Such special prosecutor shall coordinate with the PAMB and the
PASu in the performance of one’s duties and assist in the training of park personnel in
arrest and criminal procedures. The PAMB shall periodically submit an evaluation of
the performance of the special prosecutor of the DOJ.

SEC. 16. Prohibited Acts. ~ The following acts are prohibited within the
Pasonanca Natural Park:

a, Hunting, destroying, disturbing or mere possession of any plant or
animal and any product derived therefrom without a permit from the
PAMB:

b. Dumping of any waste product or any form of activity detrimental to

24



the protected area, or to the plants and animals or inhabitants therein:

© Use of any vehicle or equipment within the protected area without a
permit from the PAMB

4. Mutilating, defacing or destroying objects of natural beauty or objects
of interest to cultural communities

Damaging or leaving roads and trails in a damaged condition:

f  Squatting, undertaking mineral exploration or otherwise occupying any
portion of land;

Constructing or maintaining any kind of structure, fence or enclosure,
or conducting any business enterprise without a permit duly issued by
the PAMB: and

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

SEG17, Penalties. ~ Any person found guilty of any offense enumerated
above shall be fined an amount of not less than five thousand pesos (PS,000.00) nor
more than five hundred thousand pesos (P500,000,00), exclusive of the value of the
thing damaged. and/or imprisonment of not less than one (1) year nor more than six
(6) years, as determined by the court: Provided, That if the area requires rehabilitation
or restoration, as determined by the court, the offender shall also be required to
restore or compensate for the restoration of the damage: Provided. further, That the
court shall order the eviction of the offender from the land and the forfeiture in favor
of the government of all mineral. timber or any species collected or removed
including all equipment, devices and firearms used in connection therewith. and any
construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible for
the acts of the employees and laborers: Provided, finally, That, for such offenses, the
DENR may conduct separate administrative proceedings against the offender and
impose the corresponding fines and penalties in accordance with law

CHAPTER V
PROTECTED AREA FUND

SEC.18. The Pasonanca Natural Park Fund. ~ There is hereby established a
trust fund to be known as the Pasonanea Natural Park Fund (PNPF) for purposes of
financing projects of the system. All income generated from the operation of the
system or the management of its wild flora and fauna in the protected area shall
accrue to the PNPF. These income shall be derived from visitors/tourists fee, fees
from permitted sale and export of flora and fauna and other resources from the
protected area, proceeds from the registration and lease of multiple-use areas,
including tourism concessions, contributions from industries and facilities directly
benefiting from the protected area, and such other fees and income derived from the
operation of the protected area

The fund may be augmented by grants, donations, endowments from various
sources. domestic or foreign, and such endowments shall be exempted from income

25



or gift taxes, and all other taxes, charges or fees imposed by the government or any
political subdivision or instrumentality thereof: Provided, That the PAMB shall retain
seventy-five percent (75%) of all revenues raised, to be deposited in any government
bank within the locality; and that disbursements shall be made solely for the
protection, maintenance, administration and management of the area and
implementation of duly approved projects endorsed by it in accordance with existing
accounting, budgeting and auditing rules and regulations: Provided, further, That the
fund shall not be used to cover personal services expenditures.

The remaining twenty-five (25%) of the revenues shall be deposited as a
special account in the National Treasury as share in the Integrated Protected Area
Fund (IPAF) created pursuant to Republic Act No. 7586.

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 local government units” 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
Pasonanca Natural Park.

CHAPTER VI

EXISTING FACILITIES, UTILIZATION OF RESOURCES,
ENVIRONMENTAL

IMPACT ASSESSMENT AND PARTNERSHIPS

SEC. 19. Existing Facilities Within the Protected Area. — Existing facilities,
if any, within the Pasonanca Natural Park shall be inventoried and assessed by the
PAMB in accordance with the objectives of this Act. Within thirty (30) days from the
effectivity of this Act, unless extended by the PAMB, all commercial facilities
existing within the boundaries of the protected area with a total capitalization of not
less than one hundred thousand pesos (P100,000,00) shall submit to the PAMB,
through the PASu, a sworn statement containing the following information:

a. Environmental impact assessment and/or environmental management
plan;

b. Environmental compliance certificate; and
cc. Development plan.

Based on these submissions, the PAMB, with the assistance of the DENR,
shall determine whether the existence of such facilities and their future plans and
operations are detrimental to the Pasonanca Natural Park. Failure to submit the
required information shall constitute a violation of this Act punishable, after proper
administrative proceedings, by expulsion from the area.

The PAMB may prescribe conditions for the operation of the facilities to
ensure that these do not conflict with the management objectives. If any of such
conditions are violated, a fine shall be imposed as prescribed by the PAMB. The
PAMB, through the PASu or other deputized government entities, is hereby

26



authorized to cause the immediate cessation and demolition of any facility within the
Pasonanca Natural Park whose continued operation is deemed detrimental to the area.
The cost of the demolition shall be borne by the owners or operators of these
facilities.

The removal of existing facilities which provide basic services and amenities
to the public shall require the concurrence of the City Government of Zamboanga,
consistent with the responsibility of the local government to secure the welfare of its
constituents.

Existing facilities within the Pasonanca Natural Park may be charged
reasonable fees by the PAMB, subject to the DENR approval, pursuant to Section
10(f) of the NIPAS Act of 1992, based on the extent of their impact on the
environment and its biodiversity, All income derived from such fees shall accrue to
the PNPF.

SEC. 20. Utilization of Nonrenewable Resources. — Any exploration for or
exploitation or utilization of nonrenewable resources within the Pasonanca Natural
Park shall not be allowed

SEC. 21. Environmental Impact Assessment (EIA). — Existing laws, rules
and regulations relating to ELA shall apply to all projects and activities intended in the
Pasonanca Natural Park. The issuance of the environmental compliance certificate or
its exemptions shall be undertaken in coordination with the PAMB

SEC. 22, Partnerships. ~ For the purpose of attaining the objectives of this
‘Act, other government agencies or offices, NGOs and POs and their personnel shall
continuously foster and develop a strong and true partnership,

All NGOs, POs and private entities implementing any park conservation.
protection and development program must be accredited by the City Government of
Zamboanga and the DENR

SEC. 23. Roles of the Local Government Unit and National Agencies. — The
City Government of Zamboanga and relevant national agencies represented in the
PAMB shall have the following roles:

a. Apprise their respective constituents, office or sector on activities and
programs for the protected area:

b. Ensure consistency in the implementation of all activities in the
protected area,

¢. Inthe exercise of its ordinance-making power over any area within the
protected area, the City Council of Zamboanga shall consider the
‘management plan and the rules and regulations adopted by the PAMB
in the legislative agenda relating to biodiversity, conservation,
protection and sustainable development;

4d. In the formulation of its development plan, the City Government of
Zamboanga shall consult the PAMB for the Pasonanca Natural Park:

27



e. Assist the PAMB in the implementation of the overall park programs
including, but not limited to, the imposition, collection and utilization
of park fees, enforcement of policies, rules and regulations and other
similar activities:

Aceredit NGOs, POs and other entities and groups involved in the
activities within the protected area;

g. Provide the PAMB with relevant information and data for the effective
management of the protected area: and

h. The City Government of Zamboanga may provide financial assistance
for the protection and enhancement of the protected area

SEC. 24, Public Service Utilities and Projects. — All existing and future
development projects of public service utilities involving water services,
communication facilities, power and energy generation, public security, health and
education services and others which will promote public welfare shall be
implemented within areas designated and approved by the PAMB

CHAPTER VII

TRANSITORY AND MISCELLANEOUS PROVISIONS

SEC. 25. Appropriations. ~ The DENR Secretary 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

SEC26, Construction. — The provisions of this Act shall be construed
liberally in favor of tenured migrants, with due consideration to the prior property
rights of the stakeholders to sustainable development, and the conservation and
protection of biodiversity. Existing forestry laws and their corresponding rules and
regulations not inconsistent herewith shall have suppletory effect in the
implementation of this Act

SEC. 27. Separability Clause. — If any provision of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof.

SEC .28. Repealing Clause. — All laws, rules and regulations inconsistent
with this Act are hereby repealed or modilied accordingly

SEC. 29, Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation
readily available in and around the scope specified herein. It shall likewise be posted
in a conspicuous place at the City Hall of Zamboanga and in the barangay halls
concerned where the protected area is located and in other places frequented by the
public

Approved,

28