Republic of the Philippines RECEIVED 2\
HOUSE OF REPRESENTATIVES || patEMay 24, 20210
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO, 9427

Introduced by Rep. Abdullah D. Dimaporo and Rep. Mohamad Khalid Q. Dimaporo

EXPLANATORY NOTE

This bill seeks to declare the Sultan Naga Dimaporo Protected Landscape and
Seascape within the Municipality of Sultan Naga Dimaporo, Province of Lanao de] Norte
as component of the National Integrated Protected Areas System under the category of
protected landscape and seascape.

Republic Act No. 7568, otherwise known as the “National Integrated Protected
Areas System (NIPAS) Act”, provides the legal framework for the establishment and
management of protected areas in the Philippines. Initial components comprising of
proclaimed national parks, game refuge and wildlife sanctuaries, nature reserves,
wilderness areas, mangrove reserves, watershed reservations, fish sanctuaries, and
protected landscapes and seascapes were previously identified under NIPAS Act. There
are initial components and areas which have specific laws for their establishment such as
Batanes Island Protected Landscape and Seascape, Northern Sierra Madre Natural Park,
Tubbataha Reefs Natural Park and Central Cebu Protected Landscape.

‘Under the law, “protected landscapes or seascapes” refer to areas of national
significance which are characterized by the harmonious interaction of man and land while
providing opportunities for public enjoyment through recreation and tourism within the
normal lifestyle and economic activity of these areas. The use and enjoyment of these areas
must be consistent with the principles of biological diversity and sustainable development.


Located at the southwestem part of the Province of Lanao del Norte, the
Municipality of Sultan Naga Dimaporo is bordered on the southeast by the Municipality of
Picong in Lanao del Sur, on the west by the municipalities of Tukuran and Aurora, both in
Zamboanga del Sur, and to the south by the trip of Illana Bay, part of Celebes Sea,

‘The purpose for declaring the Sultan Naga Dimaporo Protected Landscape and
Seascape, as a component of the NIPAS, under the category of protected Jandscape and
seascape, is to protect and conserve biological diversity and unique scenic features for
sustainable development in the area, Further it wil! accelerate the implementation of
programs relative to the protection and management of national ecological treasures, as
well as, the conservation and restoration of the biodiversity resources such as its flora and
fauna and their habitats.

In view of the foregoing, approval of this bill is camestly recommended

ABDULLAH D, DIMAPORO
Second District, Lanao del Norte First District, Lanao del Norte



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 9427

introduced by Rep. Abdullah D. Dimaporo and Rep. Mohamad Khalid 0. Dimaporo

AN ACT DECLARING THE SULTAN NAGA DIMAPORO PROTECTED
LANDSCAPE AND SEASCAPE AREA WITHIN THE MUNICIPALITY OF SULTAN
NAGA DIMAPORO, PROVINCE OF LANAO DEL NORTE AS COMPONENT OF THE
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM UNDER THE CATEGORY
OF PROTECTED LANDSCAPE AND SEASCAPE AND PROVIDING FOR ITS
MANAGEMENT?

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

assembled:

SECTION 1. Short Title. — This Act shail be cited as the "Sultan Naga Dimaporo
Protected Landscape and Seascape Act "

SEC. 2, Declaration of Policy. — It is the policy of the State to protect and advance the
tight of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature. For this purpose, the State shall secure for the present and future generations of Filipinos
the perpetual existence of ali endangered, threatened and rare species of terrestrial and marine
Tesources within the landscape and seascape areas in the Municipality of Sultan Naga Dimaparo,
Province of Lanao del Norte, through its establishment as a component of the National Integrated
Protected Areas System under the category of protected landscape and seascape.


‘The State shall likewise promote the participation of local communities in the management
of the Sultan Naga Dimaporo landscape and seascape areas and protect the way of life of the people
siving in and around the protected area.

SEC. 3. Scope. — The boundaries of the Sultan Naga Dimaporo Protected Landscape and

Seascape are as follows:

SULTAN NAGA DIMAPORO i
TECHNICAL DESCRIPTION |
Comer Latitude i Longitude
1 | Pao 44.0% 1 123° 37 C79" E
2 i 7° 49° 531° H 123° 37° 38.2" E
3 TAY? 43,7 123° 37 443° E
4 7 49° 25.2" 123° 38° 48.1° B
5 Pay 147 123° 39° 36.4" EB
6 7° 49° 07.2% 123° 40 12.8° B 1
7 T° 48° 55.9% 123° 41° CO. E i
8 7° 48 26.1% 123°41° 408° B i
9 PAT ALT 123° 42’ 42.2" E |
10 { PAP 25.9 123° 43° 17.4" E
it | 79 46° 16.4% 123° 44 C6.7° EB
12 7 44? 32.9% 123° 44 17.4°E
3 T 44? 03.3% 123° 45° 37,5" E
714 TP 43° 20.9% 123° 46° 10.6" E H
i 15 7 43° 03.4" 123° 46° 23.2" E :
16 P42? 27.0" } 123° 47° 35.8" EB
i7 i P42 17.5" } 123° 48° 15.8" E
1B | 7° 41° 57.0 123° 49° C7. 3° E
19 7° 40’ 38.1% 123° 48° 10.3° E
20 T° 40° 58.6% 123° 47 13.8°E }
i 21 7 417 08.1" 123° 46” 33.8" E i



22 Par 44 135° 45° 26.2" E

2B Par 02.0" 123° 45" 13.6" E

24 Fay as 123° 44 40.5" E

25 Pe al 123° 43° 3.4" B

26 Pay 375" 123° 43° 09.7" E

oF BaG O70" | 423° 48 20.4" E

28 PG 25.9" 123° 41° 45.2 E

29 PAF 073" 123°40" 44.8" E |
130 PAP IT" 123°40 119" E |
Y31 PAT BA 123° 39° 13.8" E
i PAP 54.0" 123° 38" 33.6" E ‘

33 T° 48° 07.6" 123° 37 $2.4" E

The proposed area of the Sultan Naga Dimaporo Protected Landscape and Seascape is seven
thousand four hundred thirty-six (7,436) hectares, more or less, located within the territory of the

Municipality of Sultan Naga Dimaporo, Province of Lanao del N
SEC. 4. Definition of Terms, — As used in this Act:

a) Biological diversity ot biodiversity refers to the wealth of life forms found on earth, the
millions of different plants, animals and microorganisms, the genes they contain and the
intricate ecosystem they form,

b) Buffer zones refer to identified areas outside the boundaries of and immediately adjacent
to designated protected areas that need special development control in order to avoid or

minimize harm to the protected area;

°)

General management plan refers to the basic long-term framework plan for the
management of the protected area and serves as guide in the preparation of the annual

aperations plan and budget;


@) General Management Planning Strategy refers to a guide inthe formulation of site-specific
management plans including buffer zones;

€

Indigenous peoples refer to people sharing common bonds of language, customs, traditions,
and other distinctive cultural traits and who have since time immemorial occupied,

possessed and utitized a territory;

f) Integrated Protected Areas Fund refers to a trust fund established for purposes of financing

projects within a protected area;

2) Management manual refers to the individual management plan containing basic
background information, field inventory of the resources, assesement of assets and
limitations, regional interrelationships, particular objectives for managing the area
appropriate division into management zones, review of the boundaries and desige of the

management programs of the area;

&

Multiple Use Zone refers to the portion of the protected area where traditional, settlement,
or special uses of the land including agroforestry, agricultural, extraction activities and
income generating or livelihood activities may be allowed to the extent prescribed in the

management plan.

i) National Integrated Protected Areas System refers to the classification and administration
of all designated protected areas established pursuant to Republic Act No, 7586 to maintain
essential ecological processes and life-support systems, to preserve genetic diversity, to
ensure sustainable use of resources and 10 maintain the natural conditions to the greatest
extent possible;

) Protected area refers to 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;


k) Protected Area Management Board refers to the site-based decision- making body
responsible in the planning, resource protection and general administration of the area in
accordance with the approved management plan;

1) Protected landscape and seascape refer to areas of national significance which are
characterized by the harmoniovs interaction of man and land while providing apportunities
for enjoyment through recreation and tourism within the normal lifestyle and economic
activity of the people inhabiting these areas,

mi) Protected Area Superintendent refers to the chief operating officer of the Department of
Environment and Natural Resources (DENR) for the Sultan Naga Dimaporo Protected
Landscape and Seascape;

n) Secretary refers to the Seoretary of the DENR; and

0) Tenure migrants refer to persons who have actually and continuously occupied an area
for five years prior to the designation of the same as a protected area in accordance with
the provisions af Republic Act No. 7586 and are solely dependent therein for subsistence.

SEC. 5. Management of the Sultan Naga Dimaporo Protected Landscape and Seascape.
— The management of the Sultan Naga Dimaporo Protected Landscape and Seascape is vested in
the Protected Area Management Board (PAMB) as herein provided, which serves as the highest
policy-making body for the protected area. Through the PAMB, the management structure for the
protected area shall promote partnership, participation, cooperation and coordination with local
commumities and civil society organizations,

SEC. 6. Protected Area Management Board. — The PAMB for the Sultan Naga
Dimaporo Protected Landscape and Seascape is composed of.

a) The Regional Executive Director of the DENR—Region X, as chairperson;

b) The Mayor of the Municipality of Sultan Naga Dimaporo, Province of Lanao del Norte
or an authorized representative;


c) The barangay captains within the territory and adjacent to the protected area or their
authorized representativ.
d) The Regional Director of the Department of Agriculture (DA) —Region X or an

authorized representative;

e) The Provincial Environment and Natural Resources Officer of Lanao del Norte;

f) The Community Environment and Natural Resources Officer of Sultan Naga Dimaporo

g) Two non-govemment organization or people's organization representatives concerned
with protected area management, chosen from the Municipality of sultan Naga Dimaporo with
territory inside the protected area and duly accredited by it; and

1) The Provincial Planning and Development Officer and Representatives of the Province
of Lanao del Norte to the House of Representatives, if any; sitting as ex officio members.

Each member of the PAMB shall serve fora term of five years, and shall be considered to represent
and carry the vote of the sector being represented in all matiers. In the case of goverment officials,
the tenure of membership in the PAMB shall be attached to the office held.

SEC. 7. Powers and Functions of the PAMB. — The PAMB for the Sultan Naga
Dimaporo protected Landscape and Seascape shall exercise the following powers and functions

a) Issue rules and regulations to implement the provisions and promote the policy
declaration set forth in this Act;

) Establish
this Act or the approved management plan:

©) identify the buffer zones for the protected area;

d) Adopt tules of procedure for the conduct of business, including the creation of

iteria and set flees for the issuance of permits for the activities regulated by

committees to whom its powers may be delegated:

) Approve the management plan and oversee the office of the Prétcted Area
Superintendent;

f) Deputize interested individuals for the enforcement of the laws, rules and tegulations
adopted pursuant to this Act;

8) Accept donations, approve proposals for funding and budget allocation and exercise
accountability over all funds that may accrue to the pratected area;


1) Coordinate with appropriate agencies for the regulation of flight patterns of aircraft
going over the area to set acceptable latitudinal limits, and emissions; and

i) Retain a legal counsel, either on a permanent or temporary basis, to provide legat
assistance to the PAMB and the Protected Area Superintendent staff whenever they are sued in
connection with the performance of their duties under this Act.

The Secretary of the DENR shall exercise authority over the PAMB to ensure that it
exercises its authority within the scope of its powers and fimction. In case of conflict between
administrative orders of national application issued by the DENR pursuant to Republic Act No.
7586 and the rules and regulations issued by the PAMB, the PAMB shall notify the Secretary who
shall resolve such conflict.

The barangays in the Municipality of Sultan Naga Dimaporo shall participate in the
management of the protected area through representation in the PAMB as provided under Section
6 of this Act, The Municipality of Sultan Naga Dimaporo shall retain its power to adopt ordinances
over the territory covered under this Act, giving due consideration, however, to protected area
management objectives. If any conflict between the IP municipality and the protected area
tmanagement objectives remains unresolved within the PAMB, the Secretary shall resolve such

conflict.

SEC. 8 Protected Area Superintendent, - There is hereby established an Office of the
Protected Area Superintendent in charge of the management, protection and administration of the
Protected area. The Protected Area Superintendent shall be supported by the existing personnel of
the DENR and shall be the chief operating officer of the Sultan Naga Dimaporo Protected
Landscape and Seascape, The Protected Area Superintendent shall be accountable to the Regional
Executive Director of the DENR—Region X and the PAMB, The Protected Area Superintendent
shall exercise the following powers and functions:

a) Prepare the management and successor plans as herein provided

b) Provide a sesretariet for the PAMB to supply the Jatter with all information necessary fo
make appropriate decisions;


C) Hire and supervise the necessary personnel to support operations as the budget made
available by the PAMB may allow;

) Establish a productive partnership with the local communities, including groups interested
in the achievement of the goals and objectives of the protected area and in the planning,
protection and management thereof,

e) Develop and implement a park information, education and visitor program,

f) Enforce the law, rales and regulations relevant to the protected area and assist in the
prosecution of offenses therecf,

2} Monitor all activities within the protected area for conformity with the management plan;
and

h) Perform such other functions as the PAMB may assign

The Protected Area Superintendent shall prepare a management plan in coordination with
the appropriate offices of the DENR, the barangays within the Municipality of Sultan Naga
Dimaporo, the local communities and experts on tribal communities who have experience in the

particular cultures in the area. The management plan shall be reviewed, approved and adopted by

the PAMB and certified by the Secretary so that it conforms to all laws, rules, and regulations of
national application. In no case shall the management plan be revised or modified without prior
consultation with PAMB.

Within one year from the effectivity of this Act, the management plan shall be put into
effect in accordance with the Republic Act No. 7586 and the procedure herein set forth, It contains,

among others, the following:

(® Period of applicability of the plan;

(i) Key management issues;

Gi) Goats and objectives of management;

(iv) Site management strategy;

(¥) Major management activities such as, but not limited to, enforcement of laws, habitat
and wildlife management, sustainable use management, infrastructure 3 development
and maintenance, fire and pest control;


(vi) Zoning:
(vii) Visitor management programs; and
(vif) Income Generating of Livelihood Activities

‘The Protected Area Superintendent shall prepare all successor plans two years before
the expiration of the existing plans and shall cause the publication of notices 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 in three other areas frequented
by the public. Public consultations 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 the final version shall be made available for public perusal at the
office of the Protected Area Superintendent.

The zoning of the protected areas gives primary consideration to cultural, economic,
and social practices consistent with sustainable management principles by tenured migramts
and nearby communities for an appreciable length of time unless such uses are deemed
detrimental to biodiversity conservation and the protection of the natural characteristics of the
protected area.

The management plan shall be prepared in a language understandable in the area,
plainly written and available for perusal anytime to the general public at the Office of Protected
Area Superintendents.

SEC. 9, Existing Facilities within the Protected Area. — Existing facilities allowed to
remain within the protected ates may be charged a reasonable fee by the PAMB, which is
embodied in a memorandum of agreement to entered into with the owner of the facility. Ail
incomes derived from such fees acctue to the Integrated Protected Areas Fund.

In setting the user fees on man-made facilities managed by private entities, the rates
shall be determined by the private entity but shall be comparable to the fees charged for simitar
facilities in a protected area. For all other facilities, the user fees therein shal! be determined in
consultation with the PAMB


SEC. 10, Utilization of Non-renewable Resources. — Any exploration for and
exploitation or utilization of non-renewable resources within the protected area shall not be
allowed. Energy projects, renewable or otherwise, shall be permitted only through an act of
Congress, the exploitation of renewable energy up to three (3) megawatts capacity shall be

exempt from such requirement.

SEC. 11. Prohibited Acts
(@) The penalties prescribed for theft under Articles 309 and 310 of the Revised Penal
Code shall be imposed upon any person found guilty of:

1. Hunting, destroying, trapping, disturbing or possessing anywhere within the
Protected area of any wild plant, animal or product derived therefrom without
permit from the PAMB, A permit is given only for scientific purposes necessary to
Promote protected area management;

2, Cutting, gathering, collecting or removing timber or forest products without a
permit. A permit is given only for scientific purposes necessary for protected area
management,

3, Possessing outside the protected area any wild plant, animal or product derived
thereftom which came from the protected area:

4. Mineral exploration or extraction, drifting or prospecting for minerals within the
protected area;

5. Constructing or maintaining any kind of road, structure, fence or enclosure without
permit from the PAMB. Structures within ancestral domains used by indigenous
cultural communities do not need a permit from the PAMB:

6. Altering, mutilating, excavating, removing, destroying ot defacing boundaries,
‘marks or signs, natural formation, burial grounds, religious sites, artifacts, objects
belonging to indigenous cultural communities and scenic value o affixing marks
or signs on trees;

7. Destroying the natural habitat of marine life, converting mangrove forests into
fishponds and disposing poisonous chemicals therein;


8. Unabating illegal and destructive fishing activities such as the use of filter nets and
dynamite fishing which threaten and endanger the future population and the
sustainability of fishing resources; and

9. Gathering. possessing, selling or exporting ordinary precious and semi-precious

corals, whether raw or in processed form, except for scientific or research purposes

(0) A tine of not less than One hundred thousand pesos (100,000.00); but not more than
Five hundred thousand pesos (P500,000.00), or imprisonment of not less than one year but not

more than five years, or both, sball be imposed upon:

1, Any person found guilty of grazing or causing livestock to graze or raising
poultry within the protected area without a permit from the PAMB;

2. Any public officer who, in dereliction of the duties of office, shall maliciously
refrain from instituting acts necessary to prosecute the violators of this Act or
shall tolerate the commission of offenses herein provided. Conviction for this
offense also carries the penalty of perpetual disqualification ftom public office,

(c) A fine of not less than One hundred thousand pesos (100 000.00) but not more than
Five hundred thousand pesos (P500,000.00), or imprisonment of not Jess than one (1) year but not
more than five (5) years, or both, and the restoration and rehabilitation of the damage shall be
‘imposed upon any person who commits the following acts:

1, Violating any rules and regulations in the management plan by the PAMB or
agreements reached with the PAMB in the exercise of its adjudicative functions;

2. Dumping, buming or disposing of any waste products, vegetation or materials
within the protected area to the detriment of the inhabitants, plants or animals
therein;

3. Use of motorized equipment without a permit except motorized vehicles within
the national highway, provincial road or other public thoroughfare traversing
the park: Provided, that suck thoroughfares were legally constructed;


4. Occupying any portion of land inside the protected area without a permit from
the PAMB: Provided, that such occupation shall be of such nature as to Iast
more than ten (10) days in the particular portion of the protected area; and

5. Entering the protected area without a permit from the PAMB.

Any person who induces or conspires with another person to commit any of the acts
prohibited in this section of cause workers to commit any of such acts, shall be liable in the same

manner as the one actually performing the act.

The valuation of the damage resulting from any of the acts prohibited herein in shall take
into account biodiversity and conservation considerations as well as aesthetic and scenic values
Conviction for any of these acts shall likewise carry the penalty of eviction ftom the protected area,
and forfeiture in favor of the government af transportation facilities, structures, building materials,
equipment, devices, and weapons used in the commission of the offense.

The local government unit responsible for the arrest of a violator and the confiscation of
maaterials used in the commission of the offense is entitled to have a fifty percent (50%) share from
the proceeds in the disposition of confiscated materials. The other fifty percent (50%) accrues to
the Integrated Protected Areas Fund.

The above prohibitions exclude activities identified in the management plans and such
other measures as are necessary for protection, preservations protected area management, which
are undertaken by the Protected Area Superintendent or other persons deputized by the PAMB.
‘The certified customs and traditional practices of indigenous cultural communities are also
allowable activities over which the above prohibitions shall not apply.

SEC. 12. Special Prosecutor. — 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 are assigned. Such special prosecutor shall coordinate
with the PAMB and the Protected Area Superintendent in the performance of duties and assist in


the training of wardens and rangers in arresting and prosecuting violators of this Act. The PAMB
‘may appoint a special private prosecutor on a case-to-case basis to assist the public prosecutor.

SEC. 13. Integrated Protected Areas Fund, —- Ail income generated from the operation
of the protected area or the management of wild flora anti fauna in the protected area shall accrue
to the Integrated Protected Areas Fund. These income are derived from visitors or tonrists fees,
fees from permitted sale and export of flora and fauna 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 trust fund may be augmented by grants, donations, or endowment from various
sources, whether domestic or foreign, for purposes related to their functions. The trust fund shall
‘be deposited as a special account in the National Treasury and disbursements thereftom shall be
made solely for the protection, maintenance, administration and management of the system, and
duly approved projects and endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations. The trust fund shall not be used to cover personnel services.
expenditures.

The local government unit shall continue to impose and collect all other fees not
enumerated herein which they have traditionally collected, such as business permits, property tax
ad rentals of local government unit facilities. Furthermore, the local government unit may charge
add-ons to fees imposed by the PAMB. Such add-ons are determined based on the contribution of

the local government units in the maintenance and protection of the protected area.

SEC. 14. Appropriations. - The Secretary shall immediately include in the program of the
DENR the implementation of this Act, the funding of which shall be included in the annual General
Appropriations Act.

SEC. 15, Construction. - The provisions of this Act shall be construed liberally in favor
of the protection and rehabilitation of the Sultan Naga Dimaporo Protected Landscape and


Seascape areas and water resources and the conservation and restoration of biological diversity,
taking into account the needs and interests of qualified tenured migrants, for present and future
Filipino generations, Republic Act No. 7586 shall have suppletory effect in the implementation of
this Act.

SEC. 16. Transitory Provision. - In order to ensure the sustainability and integrity of the
watershed areas and water resources, the recovery and restoration of biological diversity and to
develop sustainable livelihood opportunities for tenured migrants, the DENR she henceforth cease
to issue concessions, licenses, permits, clearances, compliance documents or any other instruments
that allow exploitation and utilization of resources within the protected area until the management

plan shall have been put into effect,

SEC. 17. Separabitity Clause. If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not elected shall remain in full force
and effect.

SEC. 18, Repealing Clause. - All laws, executive orders, presidential decrees, rules and
regulations or parts thereof contrary to o inconsistent with any provisions of this Act is hereby
repealed. amended or modified accordingly.

SEC. 19, Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official G

ite or in a newspaper of general circulation.

Approved