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

SIXTEENTH CONGRESS
Second Regular Session

5631

HOUSE BILLNO. _*

Introduced by Rep. Abdullah D. Dimaporo
‘And Rep. Imelda Quibranza Dimaporo

EXPLANATORY NOTE,

This bill seeks to conserve and protect an area of the public domain located in the
heart of the Municipality of Nunungan, Lanao del Norte, under the protective mechanism
provided by Republic Act No. 7586 of the National Integrated Protected Areas System
(NIPAS).

The proposed protected area is locally known and admired for its natural rainforest
whose biodiversity and wild life have been enhanced by the proud Maranao settlers of the
area, It was proclaimed by Her Excelleney President Gloria Macapagal, under Proclamation
No. 1344, dated 30 July 2007, as a natural park and includes Lake Nunungan and at least two
other smaller lakes or bodies of water and river tributaries.

There have been several sightings by scientists of the Department of Environment and
Natural resources (DENR), of adult Philippine monkey-eating eagles under its “Eagle Watch”
Program, in the densely forested mountain range, which appears to be the natural habitat of
these eagles. ‘The arca is also teeming with monkeys, which could explain why the eagles
made Mt, Inayawan its natural habitat,

‘The hinterland town of Nunungan, which is some 20 kilometers from the national
highway of Lanao de! Norte, is one of the last forest frontiers of the Province. The eagle's
sighted natural habitat is some 3-1/2 hours trek from the town’s poblacion.

In view of the foregoing and in order to curb potential threats to the integrity of the
area as home to endangered species of flora and fauna, approval of the bill is eamestly
sought.

i gt

IMELDA QUIBRANZA DIMAPORO ABDULLAH D. DIMAPORO
Representative Representative
First District, Lanao del Norte 2™ District, Lanao del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila
SIXTEENTH CONGRESS
Second Regular Session

3
HOUSE BILL NO. 5631

Introduced by Rep. Abdullah D. Dimaporo
And Rep. Imelda Quibranza Dimaporo

AN ACT
DECLARING THE MT, INAYAWAN RANGE, LOCATED IN THE
MUNICIPALITY OF NUNUNGAN, PROVINCE OF LANAO DEL
NORTE, AS A PROTEDTED AREA, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSE,

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

Section 1. Title. ~ This Act shall be known as the “Mt. Inayawan Range Natural Park
Act.”

Sec. 2, Declaration of Policy. - Cognizant of the profound impact of man’s activities
on all components of the natural environment particularly the effect of increasing population,
resource exploitation and industrial advancement, and recognizing the critical importance of
protecting and maintaining the unique biological resources, ecological and aesthetic
importance to sustain human life and promote economic development as well as plant and
animal life of the Mt. Inayawan Range, it is hereby declared the policy of the state to ensure
its protection and conservation and preserve and promote the culture and way of life of the
communities therein in accord with the rhythm and harmony of nature. As such, the State
shall ensure the protection and conservation of its biological diversity, promote sustainable
participatory development, and honor and protect the interests of its legitimate inhabitants
and their customary laws.

Sec. 3. Category. — Given the natural physical features and socio-cultural and
economic importance that contribute to its valuable role as life support system for the living
within and around the area, the Mt, Inayawan Range is hereby declared a protected area
under the category of natural park, to known as the Mt, Inayawan Range Natural Park
(MIRNP), and its peripheral areas as buffer zone, Such protected area and buffer zone shall
become part of the National Integrated Protected Area System (NIPAS), subject to such
rights as are provided for in this Act.



Sec. 4. Scope and Coverage, - The MIRNP shall cover lands of the public domain
located in the Municipality of Nunungan, Province of Lanao del Norte.

It shall have the following description, to wit: Beginning at tie point $ 02°24 W. as
described in DENR NIPAS Map, 7, 146.30 meters from the junction of Dipolo River and
Salug River to comer “1”

Thence N. 76°48" W. 1,683.50 m to corner 2
Thence N. 81°36" W. 1,620.90 m to comer 3

Thence N. 30°20" W. 2,253.40 m tocorner 4
Thence N, 62°05" W. 1,667.00 m to corner 5
‘Thence N. 34°40" E, 2,020.90 m to corner 6
Thence N, 23°26" E. 1,253.60 m to corner 7

Thence N, 89°01" E. 2,227.20 m to corner 8

Thence S. 84°30" E 933.50 m to corner 9

Thence S. 85°28 E 1,791.40 m to corner 10
Thence S. 70°38" E 1,889.60 m to comer I
Thence N. 87°44" E 647.80 m to comer 12
‘Thence S. 18°42" E 356.00 m to comer 13
Thence S, 15°45? W. 397.00 m to corner 14
‘Thence S. 03°03" E. 1,274.60 m to corner 15
Thence S. 18°39" 1,790.40 m to corner 16
Thence §. 71°27" 1,348.60 m to corner 17
Thence N, 69°30" E. 696.20 m to corner 18
Thence 8. 78°47° 748.20 m to corner 19
Thence S. 84°32" EB. 647.80 m to corner 20
‘Thence S. 08°17" E. 662.50 m to comer 21
Thence S. 36°S9°E, 2,238.10 m to corner 22
‘Thence S, 34°37°E, 2,361.30 m to corner 23
Thence S. 31°14" E. 1.157.00 m to corner 24
Thence 8. 37°20" E. 1, 483.50 m to corner 25
Thence 8. 56°48" W. 692.70 m to corner 26
‘Thence 8. 15°17" E. 341.40 m to corner 27
Thence 8. 71°25" W. 1,139.20 m to corner 28
‘Thence S. 31°28" E. 420.10 m to corner 29
Thence S. 34°50" E. 84.30 m to corner 30
Thence S. 58°12" W. 94.20 to corner 31


‘Thence

‘Thence

N. 76°59" W.
N, 10°20" E,

1,234.54 m
1,920.00 m

to corner 32

to comer 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 MIRNP begins at comer “I” 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., at

a distance of 456.94 meters from the said jun

Thence
Thence
Thence
Thence
Thence
Thence
Thence

‘Thence

‘Thence
Thenee
‘Thence
‘Thence
Thence
Thence

Thence
Thence

Thence
‘Thence
Thence
Thence

Thence
Thence

Thence

‘Thence

Zz

|. 82°16" W.

eA

|. 60°04" W,
33°28" E.
26°45" E.

|. 86°02’ B.

oe

. 64°44"

. 86°49" E.

. SPL EB.

Due East

S$. 31°S I E

8.07935" W

S. 27°42" W

$.03°01" W.

S. 18°02" EB.

N, 78°25" E.
N, 31°49" E

PRRZZZZAZ

S.77°57' E.
$. 82°30" E.
S. 04°45" w.
S. 34°37" E.
8.31914" E.
S, 37°20" E.
S. 56°48" W,
8.5617 B

1.31913" W.

3,266.70 m
2,428.20 m
1,820.10 m
2,178.00 m
1, 428,50 m
1,725.70 m
1,962.40 m
2,046.20 m
721.80 m
1,212.20. m
720.70 m
872.60 m
303.20 m
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
1,483.20 m

692.70 m
341.40 m

to corner 2
to corner 3
to corner 4
to corner 5
to corner 6
to corer 7
to corner 8
to corner 9
to comer 10
to comer I
to commer 12
to comer 13
to corner 14
to corner 15
to corner 16
to corner 17

to corner 18
to corner 19

to corner 20
to comer 21
to comer 22
to comer 23

to corner 24
to corner 25

to corner 26

to corner 27


Thence 8. 71°25" W 1,139.60 m to corner 28
Thence 8. 31°28" E 420.10 m to comer 29
Thence S. 34°50" W. 84.40 m to comer 30
Thence S. 24°55" E. 94.00 m to comer 31
Thence 8. 71°14" E. 1,440.70 m to comer 32
Thence N. 61°59" W. 1,840.70 m to corner 33
Thence 8. 56°17 E 341.40 m to comer 27
Thence 8.71925" W 1,139.60 m to comer 28
Thence S. 31°28" E 420.10 m to comer 29
Thence 8. 71°28" W 1,139.60 m to comer 28
‘Thence S. 31°28" E 420,10 m to corner 29
Thence 8. 34°50" W. 84.40 m to comer 30
Thence $. 24°55" E, 94.00 m to corner 31
Thence S. 71°14" E. 1,440.70 m to corner 32
Thence N. 61°59" W. 1,840.70 m to comer 33
Thence N. 50°32" W 1,713.10 m to comer 34
Thence N. 71°06" W 1,313.60 m to comer 35

S. 52°44" E 2,890.10 m to comer 36

S. 71°25" W 1,139.60 m to comer 28

S. 31°28" E 420.10 m to corner 29
Thence S. 34°50" W. 84.40 m to corner 30
‘Thence S. 24°55" E. 94.00 m to corner 31
Thence S. 71°14" E. 1,440.70 m to corner 32
Thence N. 61°59" W. 1,840.70 m to commer 33
Thence N. 50°32" W. 1,713.10 m to corner 34
Thence N. 71°06" W. 1,313.60 m to corner 35
Thence N. 31°28" E. 2,890.06 m to corner 36
Thence N. 73°02? W. 1,885.14 m to corner 37
Thence N. 19°31" W. 1,420.60 m 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.



Sec. 5. Land Classification. - All lands of the public domain comprising the
MIRNP shall fall under the classification of national park as provided for in the Philippine
Constitution subject however, to private rights and the rights of the indigenous peoples in
accordance with Republic Act No.8371, otherwise known as the Indigenous Peoples Rights
Act (IPRA) of 1997.

Sec. 6. Definition of Terms. - The following terms are hereby defined for the
purpose of this Act.

a, “Ancestral Domain” refers to all lands and natural resources occupied or possessed
by indigenous cultural communities, by themselves or through their ancestors,
communally or individually, in accordance with their customs and traditions since
time immemorial, continuously to the present except when interrupted by war, force
majeure, or displacement by force, deceit or stealth, It includes all adjacent areas
generally belonging to them and which are necessary to ensure their economic, social
and cultural welfare.

b. “Biodiversity” refers to the variety of life in all its forms found on earth

“Buffer Zone” refers specific areas outside the boundaries of and immediately
adjacent to designated areas that need special development control in order to avoid or
minimize harm to the protected area,

d, “Indigenous Cultural Communities (ICC)” refers to a group of people sharing
common bonds of language, customs and tradition and other distinct cultural traits, as
further defined under Republic Act No, 8371

e. “National Integrated Protected Area System (NIPAS)” refers to the classification
and inclusion of all designated protected areas into one system pursuant to Republic
Act No, 7586 or the National Integrated Area System (NIPAS) Act of 1992 to
maintain essential ecological processes and life support system, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to maintain their
natural conditions to the greatest extent possible.

“Natural Park” refers to a relatively large area not materially altered by human
\ctivity where extractive resource uses are not allowed, and maintained to protect
outstanding natural and scenic uses of national or international significance for
scientific, educational and recreational use.

g. “Non-government organization (NGO)" refers to any civic, developmental or
philanthropic organization, which is multi-sectoral in character.

h. “Non-renewable resources” refers to those resources found within the protected
area, the natural replenishment rate of which either not known or takes more than
twenty-five (25) years,


i, “People’s Organization (PO)” refers to any grouping of people formed to advance
the interests of the sector being represented, provided such sector is marginalized,
poor or disempowered,

J. “Private rights” refers to the rights of individual persons to own, under existing
laws, and in the case of indigenous cultural communities, rights or possession since
time immemorial, which possession may include places of abode and worship, burial
grounds and well-defined territories.

k. “Protected Area (PA)” refers to the identified portions of land and water, set aside
by reasons of their unique physical and biological significance, managed to enhance
biological diversity, and protected against destructive human exploitation,

|. “Protected Area Management Board (PAMB)” refers to a multi-sectoral body
tasked to adopt policies, promulgate rules and regulations, and undertake planning
activities for the appropriate management strategy to ensure resource protection and
the general administration of the protected area,

m, “Protected Species” refers to individual species of plants and animals that is or
shall be declared as protected under Philippine laws, rules and 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 that may be restricted for use under regulations issued
by the Protected Area Management Board (PAMB) or by the DENR, and those
particularly mentioned in the management plan,

n, “Public Consultation” refers to a meeting or dialogue between or among concerned
or affected individuals within and outside of the protected area designed to identify
and resolve issues and problems affecting them,

0, “Secretary” refers to the Secretary of Environment and Natural Resources.

p.“Tenured Migrants” refers to occupants within the protected area who have actually
and continuously occupied such area for five (5) years before the designation of the
same as protected area and are solely dependent therein for subsistence.

Sec. 7. Management Plan - ‘The protection, conservation, rehabilitation,
management, and overall development of the MIRNP and its human occupants shall be
pursued in accordance with the management plan, The management plan shall be prepared in
coordination with the appropriate offices of the DENR, technical experts, local communities
and experts on indigenous cultures in the area and shall be reviewed, approved, and adopted
by the PAMB. The Secretary shall certify that such plan conforms to all laws and rules and
regulations of national application issued by the DENR. Within one year from the affectivity
of this Act, the management plan shall be put into effect following the General Management
Planning Strategy provided for under the NIPAS Act and according to the procedure herein
set forth. It shall contain, among others, the following



(a) Period of applicability of the plan;

(b) Key management issues;

(©) Goals and objectives;

(@) Site management strategy;

(©) Major management activities such as, but not limited to, enforcement of
laws, habitat and wildlife management, sustainable use management,
infrastructure development, visitor management program and maintenance,
fire and pest control, ete; and

(Zoning

‘The PASu shall prepare all successor plans two (2) years before the expiration of the
period of applicability of the current plan, The PASu shall cause the publication of notice:
for comments and suggestions on the next successor plan in a newspaper of local circulation
and the posting of such notices in the provincial, municipal and barangay halls and three
other areas frequented by the public, Public hearings may be conducted on the successor plan
upon the written request of any interested party. ‘The proposed plan shall be made available
to the public during the period for comment and a final plan, which shall be prepared in the
language understandable in the area, shall be made available for public perusal at the Office
of the PASu upon approval of the PAMB. ‘The zoning of the protected area shall give
primary consideration to the traditional zones used and recognized by indigenous cultural
communities and wherever applicable, those that have been sustainably used by tenured
migrant communities for an appreciable length of time unless such uses are deemed
detrimental to biodiversity and protection of the natural characteristics of the area,

The Department of Environment and Natural Resources, government financial
institutions such as the Development Bank of the Philippines and the Land Bank of the
Philippines, public tertiary educational institutions such as the University of the Philippines
and the Mindanao State University and government agencies such as the Department of
‘Trade and Industry and similar institutions and agencies, shall assist the PAMB in the
planning and execution of plans when so requested by the PAMB.

See. 8. Institutional Mechanisms. - The following administrative and policy
making mechanisms shall apply;

A. There shall be a PAMB which shall be the policy-maki
area, It shall be composed of;

¢ body of the protected

1. The Regional Executive Director (RED) of the DENR region X, who shall act as

the Chairman;

The Provincial Governor of Lanao de Norte as co-chairman;

The mayor of the Municipality of Nunungan, Lanao de Norte, member;

One representative from each barangay with territory inside the protected area or

their authorized representatives, to be appointed by the concemed barangay

legislative councils, member;

5. At least three representatives from local NGOs operating within the protected area,
chosen from among the representatives of the organizations in an election duly
called for the purpose, members;

Ben



5.

B.

A representatives from other national government agencies with projects within
the protected area, to be appointed by the DENR Secretary upon the
recommendation of the concerned head of office, members; and

Representatives from other national government agencies with projects within the
projected area, to be appointed by the DENR Secretary upon the recommendation
of the concerned head of office, members; and

The Provincial Planning and Development Officer, the Provincial DILG Officer
and the Members of Congress representing Lanao del Norte to the House of
Representatives and the Senate, if any; sitting as ex officio members. Each
member of the PAMB shall serve for a term of five years, and shall be considered
to represent and carry the vote of the sector being represented in all matters. In the
case of government officials, the tenure of membership in the PAMB shall be
attached to the office held.

The PAMB, by majority vote, shall approve or take necessary actions on the

following:

Matters relating to planning, resource protection and general administration of
the area though the adoption of the management plan;

Proposals, work plans, action plans, and guidelines including agreements and
other related documents for the management of the protected area in accordance
with the approved management plan.

Delineation and demarcation of boundaries of the protected area, management
zones, buffer zone and ancestral domains, and recognition of rights and
-ges of indigenous communities under the provisions of this Act and the

Rules and regulations to promote development of programs and projects on
biodiversity conservation and sustainable development consistent with the
‘management plan;

Implementation of programs as prescribed in the management plan;

Control and regulation on the construction, operation and maintenance of roads,
trails, waterworks, sewerage, fire protection and sanitation system and other
public utilities within the protected area;

Monitoring and evaluating the performance of protected arca personnel and
compliance of partners to the terms and conditions of any undertaking, contract
or agreemen
Setting the criteria and fees for the issuance of permits for activities regulated by
this Act or the management plan;

Donations, proposal for funding, budget allocations and accountability over all
funds that may accrue to the MIRNP;



10, Retaining legal counsel, either in a permanent or temporary basis, to defend cases
against the PAMB and personnel of the Office of the PASu whenever they are
sued in connection with the performance of their duties under this Act; and

11. Identifying tenured migrants and recommending the issuance of corresponding
appropriate tenurial instruments,

The DENR, through the RED for Region X or any of its duly authorized officials,
shall exercise authority to oversee the PAMB to ensure that it acts 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 RED shall notify the Secretary who shall decide whether to apply
the rule or withdraw its application in the MIRNP.

Sec. 9. The Protected Area Superintendent (PASu) Office. - There is hereby
established a protected area superintendent's office in charge of the management, protection
and administration of the MIRNP. ‘The PASu shall be supported by the existing personnel of
the DENR. The head of office shall be the chief operating officer of the MIRNP and shall be
accountable to the RED of DENR Region X and the PAMB. The PASu shall have the
following powers and functions:

a. Enforce rules and regulations to protect the area and its resources from
trespassers, damage, vandalism and illegal occupancy;

b. Seize and assume custody of apprehended items after issuance of appropriate
seizure receipts in accordance with DENR Administrative Order No. 97-32;

©. Upon prior clearance and approval of the PAMB, recommend to the concerned
Community Environment and Natural Resources Offices (CENRO) the disposal
of confiscated cultural and natural resources such as artifacts, forest products,
wild flora and fauna, marine fishery and mineral resources, except those
resources held under custodia legis; those that are the subject of donation; those
that must be deposited with appropriate government agency, and resources that
will be utilized for the infrastructure needs of the DENR;

4d, Issue special use permit for game fishing, camping and other short term and low
impact recreational activities to be undertaken for not more than one week;

€. Recommend to the PAMB the zoning classification of certain areas in
accordance with the approved Management Manual;

f, Recommend to the RED of DENR Region X the issuance of cutting of permits
for planted trees in multiple-use and buffer zones for a volume of up to (5) cubic
meters per applicant per year, for traditional and subsistence use only: Provided,
that the issuance of said permit is in accordance with the management plan, duly
indorsed by the PAMB, and shall not adversely affect the ecological balance of
the area;

g, Recommend to the RED of DENR Region X, with the endorsement of the PAMB
after determining the ecological implications, the issuance of cutting permits only


rn

for planted trees in established buffer zones for a volume of up to five (5) cubic
meters but not to exceed twenty (20) cubic meters per applicant per year for
commercial purposes;

Recommend the issuance of certificate of origin, discharge and transport permits,
and other relevant permits for natural resources and other products
collected/gathered from the protected area in accordance with the approved
research agreements, gratuitous permits and memorandum of agreements
approved by the PAMB and the DENR, where applicable;

m

Recommend the i:

suance or renewal of special use permits on public

infrastructure projects in designated multiple-use zones and established buffer
zones where no timber cutting is involved subject to the approved management
Provided, That the issuance of a special permit is subject to the submission

plan;
by the applicant of the required Environmental Compliance Certificate (ECC) for
the project: That special use permit shall be renewed only upon determination by
the appropriate DENR office that no condition of the previous ECC for the
project has been violated;

Assist the appropriate DENR office in the review of the Environmental impact
Statement (EIS) for proposed projects to be implemented;

Establish a productive partnership with the local community particularly with
groups concerned with planning, protection and management of the MIRNP.

Integrate the roles of NGOs, other government agencies, and the DENR in the
operation of the MIRNP:

Coordinate the implementation of all relevant activities related to tenured
migrants and ancestral domains claims, subjects to the IPRA and related
issuance

Take the lead in the implementation of the MIRNP management plan,
specifically in the conduct, monitoring and evaluation of research studies, survey
and inventory, information, education and communication, ecotourism,
restoration, rehabilitation and alternative livelihood activities and projects within
the appropriate management zones and the buffer zone;

Take the lead in the implementation of various activities related to the
management of the MIRNP;

Evaluate the performance of staff based on the prescribed evaluation system;

Recommend the designation of staff to perform functions other than those
inherent to their positions;

Approve the application for leave of absence of the staff of the Office of the
PASu with or without commutation;


s. Approve local travel of the staff of the Office of the PASu outside the protected
area and/or established buffer zone not exceeding thirty (30) days;

t. Serve as head of the secretariat to the PAMB;

u, Submit reportorial requirements regularly to the concerned Provincial
Environment and Natural Resources Office (PENRO) and to the PAMB, and
observe and comply with the proper flow of PAO documents;

v. Collect and/or receive pertinent fees, charges, donations and other income;
Provided, That such fees, charges, donations and other income collected shall be
reported quarterly to the PAMB; Provided, finally, That a book of accounts shall
be maintained, which shall be certified by the accountant of the DENR Region X,
or the nearest PENRO in accordance with DENR Adm. Order No. 96-22;

w. Recommend the approval of payrolls, contracts, disbursement vouchers, purchase
orders and other expens

x, Prepare and recommend, for approval of the PAMB, the annual work and
financial plans; and

y. Such other functions, which may be assigned by the PAMB

See. 10, Ancestral Lands and Domains. ~ The rights of indigenous peoples to their
ancestral domains are hereby fully recognized. Traditional property regimes exercised by
indigenous cultural communities in accordance with their customary laws shall govern the
relationship of all individuals within their communities with respect to all land and r
found within ancestral lan

sources

Pursuant thereto, the following presumptions shall govern, unless proven to be
contrary to documented or oral custom by clear and convineing evidence in the proper
administrative or judicial proceeding providing due hearing to all parties concerned:

1, All lands occupied by indigenous cultural communities since time immemorial
shall be presumed to be ancestral lands. Rights and obligations within ancestral
lands are presumed to be governed by customary laws.

2. Rights and obligations within ancestral ands governed by customary laws are
presumed to be held collectively by the community.

3. Rights and obligations within ancestral lands proven to be held by individuals
under customary law are presumed to be held in trust by such individuals for the
whole community,

The continued practice of traditional and sustainable living shall be sufficient
consideration for the State in place of the payment of taxes on ancestral domains. Owing to
differences in cultural and social worldview, the provisions of this Act shall be liberally
construed in favor of indigenous cultural communities and their members.


Sec. 11, Tenured Migrants and Transient Farmer. - Tenured migrants are
members of households that have actually and continuously occupied the MIRNP since June
1, 1987, based on the data from the 1999 Survey and Registration of the Protected Area
Occupants (SRPAO), and are substantially dependent on the protected area for their
livelihood. For purposes of official documentation of rights and extent of occupation within
the protected area, a tenured migrant household shall be issued a tenure instrument over such
areas as have been occupied or cultivated since June 1, 1987 or earlier, ‘Tenured migrants
may occupy and use the area specified in the instrument of a term of twenty-five (25) years
renewable for another twenty-five (25) years, Upon the lapse of this period, the holder of the
instrument may negotiate for a tenurial instrument, which shall be evaluated by the PAMB.

If despite consideration paid to current practices, areas occupied by tenured migrants
are designated as zones in which no occupation or other activities are allowed, a provision for
their transfer to multiple-use zones or buffer zones shall be accomplished using humanitarian
considerations,

Persons who have been cultivating certain parcels of the MIRNP since June 1, 1987
are considered to be occupying such lands and shall be entitled to a tenure instrument
restricted to cultivation: Provided, that the rights under such tenure instruments can only be
transferred to direct descendants. Tenured migrant instruments may be cancelled for
violation of the terms and conditions specified therein, upon the holder's repeated refusal to
comply with the management plan or the regulations set by the PAMB, or upon voluntary
surrender of rights. Upon cancellation of a tenured migrant instrument, the PASu shall take
immediate steps to rehabilitate the area to restore its natural state prior to cultivation by the
transient or tenured migrant. Tenured migrant instruments are transferable only to the nearest
ofkin: Provided, That if the land is left idle for a minimum of five (5) years, the PAMB shall
tiate cancellation proceedings of any tenured migrant instrument.

Sec. 12. Prohibited Acts. - The penalties in Article 309 and Article 310 of the
Revised Penal Code and/or Section 21 of Republic Act No. 7586, depending on the value of
the resources taken, damaged or destroyed shall be imposed upon any person found guilty by
competent court of;

1, Hunting, destroying, trapping, disturbing or possessing of any wild plants or
animals or product derived therefrom anywhere within the MIRNP without a
permit from the PAMB: Provided, That any permit for these activities shall on
be issued for scientific purposes necessary for protected area management;

2. Cutting, gathering, collection or removing timber or forest products without
permits; Provided, that such permits shall only be issued for scientific purposes
necessary for protected area management;

3. Entry to the MIRNP or possessing outside the protected area any wild plants or
animals or products derived therefrom, which came from the protected area
without a permit issued by PAMB;

n, drill

4, Mineral exploration or extra
MIRNP;

ng or prospecting for minerals within the


5. Constructing or maintaining any kind or road, structure, fence or enclosure
without a permit from the PAMB; Provided, That structures within ancestral
domains used by the indigenous cultural communities need not be covered by a
permit from the PAMB. Valuation from the damage shall take into account
biodiversity and conservation consideration as well as aesthetic and scenic value,
‘The commission of these acts likewise shall carry the penalty of eviction from
the protected area and the forfeiture of all transportation, structures and building
materials, equipment, devices and weapons used for the commission of the
offense as well as the protected area resources caught in the possession of the
accused. The local government unit responsible for the imposition of the
penalties herein and the arrest and confiscation of the materials shall have a fifty
percent (50%) share in the proceeds from the disposition thereof while the rest
shall accrue to the PAMB.

See. 13. Validity of Contracts Over Lands Within the MIRNP, ~ The purchase,
sale, encumbrance, mortgage, usufiuct or lease of lands within the MIRNP to persons
residing outside the protected area not otherwise qualified to hold lands therein shall be null
and void ab initio,

Sec. 14, Special Prosecutors. ~ Within thirty (30) days from the effectivity of this
Act, the Department of Justice shall designate a Special Prosecutor to whom all cases of
Violation of laws, rules and regulations in the protected area shall be assigned, Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her
duties and assist in the training of wardens and rangers in arrest and criminal procedure. The
s of a private prosecutor on case-to-case basis to assist the

See. 15, Local Government Units. ~ Local government units shall participate in the
management of the MIRNP through representation in the PAMB as provided under Section
8A hereof, The LGUs shall retain their ordinance-making powers over their respective
territories covered under this Act, with due consideration to protected area management
objectives. If a conflict between the LGU and the protected area management objectives
remains unresolved within the PAMB, it shall be resolved through mediation by the Office of
the Provincial Governor.

See. 16. The Mt. Inayawan Protected Area Fund (MIPAR). - ‘There is hereby
established a trust fund to be known as the Mt. Inayawan Protected Area Fund (MIPAF) for
purposes of financing projects of the MIRNP. The trust fund shall be entrusted with the
Provincial Treasurer and exclusively used for the management of the MIRNP. All income
generated from the operation of the MIRNP or management of wild flora and fauna therein
shall accrue to the fund. These income shall be derived from visitor/tourist fees, fees from
permitted sale and export of flora and other resources from the protected area, proceeds from
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, 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 Provincial 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, further, 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
local government units facilities. Furthermore, local government units may charge add-ons to
fees imposed by the PAMB provided that such add-ons shall be determined based on the
contribution of the local government units in the maintenance and protection of the MIRNP.

Sec. 17. Utilization of Nonrenewable Resources. - Any exploration for or
exploitation or utilization of nonrenewable resources within the MIRNP shall not be allowed,
Energy projects, utilizing either renewable or nonrenewable resources, shall be permitted
only through an Act of Congress; Provided, ‘That exploitation of renewable energy up to
three (3) megawatts capacity shall be exempt from such requirement

See. 18. Development of Botanical Garden and Arboretum, ~ The Secretary of
Environment and Natural Resources shall develop a Botanical Garden and Arboretum of
endangered and new species in the Mt, Inayawan Range and Natural Park,

Sec. 19. Appropriations. - The Secretary of Environment and Natural Resources
shall immediately include in the Department’s program the implementation of this Act, the
funding of which be included in the annual General Appropriations Act,

See, 20. Construction, ~ The provisions of this Act shall be construed liberally in
favor of tenured migrants and indigenous cultural communities and with due consideration to
the protection of biodiversity. The NIPAS Act shall have suppletory effect in the
implementation of this Act.

See. 21, Transitory Provision. - All persons who do not qualify as tenured migrants
or transient farmers within the MIRNP shall be allowed to harvest fruits or crops planted
before the effectivity of this Act. ‘Thereafter, all crops planted by such unqualified persons
shall be confiscated and the proceeds thereof shall accrue to the MIPAF

See. 22, 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,

See, 23. Repealing Clause. - The prohibitions and penalties under the NIPAS Act,
which are not inconsistent herewith, shall continue to apply. For the purpose of the MIRNP,
all laws, rules and regulations inconsistent herewith are modified accordingly.

Sec. 24, Effectivity Clause. ~ This Act shall take effect upon its approval.

Approved,