Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

6232

House Bill No.

Introduced by Honorable Maria Vida E. Bravo

EXPLANATORY NOTE

Cognizant of the profound impact of human activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation and industrial
advancement; recognizing the critical importance of protecting and maintaining the natural and
physical diversities of the environment notably areas of unique biological significance in order to
‘sustain life; taking into account the socio-cultural, economic, aesthetic and environmental values
of the ecosystem of Matang-Tubig Watershed Forest Reserve and its surrounding areas to the
Municipality of Monreal, Province of Masbate particularly its crucial Upland and Watershed
Forest Ecosystem with the presence of Secondary growth dipterocarp and planted species of
Philippine Mahogany Group (PMG) and other Forest Vegetation and presence of Natural spring
waters which is considered the sources of water both for domestic and agricultural purposes not
to mention also the eco-tourism potential in the Province of Masbate and as come on to all tourist
both domestic and international, the diversity of its flora and fauna with some endemic species;
and finally, in pursuit of the State’s duty to protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature, it is hereby
declared the policy of the State to secure for the Filipino people to present and future generations
the protection and conservation of Matang-Tubig Watershed Forest Reserve and its surrounding
areas in accordance with Republic Act No. 7586 or the National Integrated Protected Areas
System (NIPAS) Act of 1992 and international conventions to which the Philippines is a
signatory.

Pursuant to the above policy, the NIPAS Act and as provided herein, Matang-Tubig
Watershed Forest Reserve and its surrounding vicinities with boundaries as described hereunder,
is hereby declared and established as a protected area under the category of a Natural Biotic Area
to be known as the Matang-Tubig Natural Biotic Area.

VIDA ESPINOSA BRAVO
woman
District Masbate


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Sixteenth Congress
First Regular Session

House Bill’ No. 6232

Introduced by Honorable Maria Vida E. Bravo

AN ACT ESTABLISHING THE MATANG TUBIG NATURAL BIOTIC AREA
(MTNBA) IN THE MUNICIPALITY OF MONREAL, PROVINCE OF MASBATE AND
APPROPRIATING FUNDS THEREFOR.

Be enacted by the Senate and the House of Representatives of the P
Congress assembled:

ppines in

Article I - Title, Policies and Scope

Section I. Title. — This Act shall be known as the MATANG-TUBIG NATURAL
BIOTIC AREA (MTNBA) ACT OF 2015.

Section 2. Statement of Policy. ~ Cognizant of the profound impact of human activities on all
components of the natural environment particularly the effect of increasing population, resource
exploitation and industrial advancement; recognizing the critical importance of protecting and
maintaining the natural and physical diversities of the environment notably areas of unique
biological significance in order to sustain life; taking into account the socio-cultural, economic,
aesthetic and environmental values of the ecosystem of Matang-Tubig Watershed Forest Reserve
its surrounding areas to the Municipality of Monreal, Province of Masbate particularly its crucial
Watershed and Forest Ecosystem with the presence of Secondary growth dipterocarp and planted
Philippine Mahogany and other Forest Vegetation which is considered the sources of potable and
agricultural water in the surrounding Barangays within Monreal, Masbate and considering also
the ecotourism potential of the natural spring present thereat which can cater to both local and
international tourists, the diversity of its flora and fauna with some endemic species; and finally,
in pursuit of the State’s duty to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature, it is hereby declared the
policy of the State to secure for the Filipino people of present and future generations the
protection and conservation of Matang-Tubig Watershed Forest Reserve and its surrounding
areas in accordance with Republic Act No. 7586 or the National Integrated Protected Areas


System (NIPAS) Act of 1992 and international conventions to which the Philippines is a
signatory.

Section 3. Declaration of Policy. - Pursuant to the above policy, the NIPAS Act and as
provided herein, Matang-Tubig Watershed Forest Reserve and its surrounding vicinities with
boundaries as described hereunder, is hereby declared and established as a protected area under
the category of a Natural Biotic Area to be known as the Matang-Tubig Natural Biotic Area.

Section 4. Definition of Terms. — For purposes of this Act, the following terms are
hereby defined:
(@) “Matang-Tubig Natural Biotic Area” or “protected area” refers to the Matang-Tubig
Natural Biotic Area as established herein;

(b) “Genetically Modified Organisms” or GMO means any living organism that possesses a
novel combination of genetic material obtained through the use of modem biotechnology
through in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid
(DNA) and direct injection of nucleic acid into cells or organelles, or fusion of cells
beyond the taxonomic family, that overcome natural physiological reproductive or
recombination barriers that are not techniques used in traditional breeding and selection.

(©) “LGUs” shall pertain to local government units within the Matang-Tubig Natural Biotic
Area;

(d) “PAMB” refers to the Matang-Tubig Natural Biotic Area Protected Area Management
Boar

(e) “PAMO” — Protected Area Management Office:

( “PASO” shall refer to the Protected Area Superintendent Office comprised of the PASu
and his/her staff;

(g) “PASu” refers to the Protected Area Superintendent.

(h) “Protected species” shall refer to any plant or animal declared protected under Philippine
laws and international conventions, including species listed under the Convention on
International Trade of Endangered Species (CITES) and all its Annexes, the Bonn
Convention on Migratory Species, the Red-list Categories of the World Conservation
Union (IUCN), or any plant or animal which the PAMB may deem critical for the
conservation and preservation of the Matang-Tubig Natural Biotic Area.

Section 5. Scope. — The Matang-Tubig Natural Biotic Area (MTNBA) shall cover
parcels of land located within the Municipality of Monreal, Province of Masbate, containing an
area of ONE THOUSAND THREE HUNDRED FIVE (1,305.00) hectares subject to ground
survey with the following technical description:


Beginning at a point marked “1° which is identical to FZ/Cor. #3, Block A, Timberland,
LC Project No. 6, Municipality of Monreal, Masbate, certified on February 26, 1925 with
geographical coordinates of 12°35°41” North and 123°36"38” East to corner |,

thence '$ 50° 00° 00” E 260.00 meters to comer 2

thence S 56° 00° 00” E 280.00 meters to comer 3

thence S 43° 00" 00” E 532.00 meters to corner 4

thence S 60° 00° 00” E 410.00 meters to comer 5

thence S$ 13° 00° 00" E 206.00 meters to corner 6

thence S$ 27° 00° 00” E 300.00 meters to corner 7

thence $ 35° 00° 00” E 500.00 meters to comer 8

thence $8 33° 00" 00” E 232.00 meters to comer 9

thence 'S 33° 00° 00" W 184.00 meters to comer 10
thence $ 38° 00° 00” E 444.00 meters to corner II
thence S 23° 00° 00” E 240.00 meters to comer 12
thence '$ 19° 00° 00" E 192.00 meters to corner 13
thence S 82° 00° 00” E 242.00 meters to comer 14
thence S 55° 00° 00” W 504.00 meters to corner 15
thence '$ 35° 00° 00" E 288.00 meters to comer 16
thence N 87° 00° 00" E 328.00 meters to corner 17
thence $ 55° 00° 00" E 218.00 meters to comer 18
thence S 19° 00" 00” W 260.00 meters to comer 19
thence '$ 25° 00° 00° E 260.00 meters to corner 20
thence 57° 00° 00” W 372.00 meters to comer 21
thence N71? 00° 00" E 288.00 meters to comer 22
thence $ 49° 00° 00” E 380.00 meters to comer 23
thence S 14° 00° 00” E 288.00 meters to corner 24
thence 'S 40° 00° 00” W 200.00 meters to corner 25
thence S.03° 00° 00” W 375.00 meters to corner 26
thence S 13° 00° 00" E 252.00 meters to corner 27
thence '$ 66° 00° 00" E 560.00 meters to corner 28
thence '$ 20° 00° 00" E 352.00 meters to corner 29
thence 'S 66° 00° 00" E 560.00 meters to comer 30
thence $ 09° 00° 00" E 280.00 meters to corner 31
thence 61° 00° 00” W 280.00 meters to comer 32
thence D -S 140.00 meters to comer 33
thence '$ 70° 00° 00” E 480.00 meters to comer 34
thence '$ 18° 00" 00” W 384.00 meters to comer 35
thence 27° 00° 00” W 380.00 meters to comer 36
thence 'S 88° 00° 00" W 340.00 meters to comer 37
thence 'S 26° 00" 00" W 440.00 meters to corner 38
thence 'N 62° 00° 00” W 1,500.00 meters to comer 39
thence N 26° 00° 00" W. 200.00 meters to corner 40

thence N 12°00" 00” W 1,500.00 meters to comer 41


thence N 12°00" 00" W 1,050.00 meters to corner 42

thence 'N 36° 00° 00" W 950.00 meters to corner 43
thence N 59° 00° 00" E 400.00 meters to corner 44
thence 'N 25° 00" 00” W. 1,550.00 meters to corner 45
thence N 25° 00" 00" W. 300.00 meters to corner 46
thence N 01° 00" 00" W 400.00 meters to corner 47
thence N 28° 00° 00" E. 1,070.00 meters to comer 1

Article I - Management, Management Plan and Zoning

Section 6. Management of the Matang-Tubig Natural Biotic Area. — The
management and administration of the Matang-Tubig Natural Biotic Area shall be vested with
the PAMB; provided, that the management of zones to be established within the MTNBA shall
be consultative and participatory.

‘The PAMB shall be responsible for the planning, resource protection and general
administration of the MTNBA in accordance with the approved Management Plan,

Section 7. Management Plan, ~ There shall be a Management Plan which shall serve as
the long-term basic framework for the management of MTNBA, govern all activities within the
MTNBA, and guide the preparation of the annual operations plan and budget. The Management
Plan shall be consistent with this Act and the nature of the MTNBA as a protected area under the
category of a Biotic Area, A Management Manual containing the Management Plan and other
supporting data shall be prepared in accordance with the implementing rules of the NIPAS Act.

Within one (1) year from the effectivity of this Act, the PASO shall prepare the

Management Plan in accordance with the General Management Planning Strategy as provided in

the implementing rules of the NIPAS Act. It shall contain, among others, the following:

(a) A period of applicability for ten (10) years subject to review every five (5) years;

(b) Key management issues;

(©) Goals and objectives of management in support of Section 2 hereof:

(@) Zoning in accordance with Section 8 hereof;

(€) Management programs to include enforcement of laws, habitat and wildlife management,
ecotourism, sustainable use, management, infrastructure development and maintenance, fire
prevention and pest control;

(f) Sustainable and non-destructive livelihood activities;

(g) Regulations in furtherance of the preservation and conservation aims of the Matang-Tubig
Natural Biotic Area such as allowable activities, resource-use restrictions, among others; and


(h) Other relevant conservation matters.

The Management Plan shall be reviewed and adopted by the PAMB and certified to by
the DENR Secretary. The Management Plan shall not be revised or modified without prior
consultation with the PAMB. It shall be reviewed and updated every five (5) years.

‘Two (2) years prior to the expiration of the current Management Plan, the PASO shall
cause the publication of notices for comments and suggestions on the new Management Plan that
will succeed the old one in a newspaper of general circulation and the posting thereof in the
Provincial, Municipality and Barangay Halls of the LGUs comprising the MTNBA, and in three
(3) other conspicuous areas frequented by the public within the MTNBA. At least two (2) public
hearings shall be conducted on the proposed successor plan and shall be made available for
public perusal at the PASO.

‘The Management Plan and all its successor plans shall be prepared in English, Filipino
and Bicol, plainly written and made accessible to the public at the PASO.

Section 8. Zoning ~ Strict Protection Zone and Multi-Use Zone shall be established
within the MTNBA giving primary consideration to its protection and conservation. Zoning
shall also take into account the tenurial and livelihood concerns of communities to ensure the
efficient protection of habitats, fragile ecosystems and unique areas.

The establishment and management of zones must involve the community concerned by
undertaking such steps as dialogues, consultations and land and resource-use mapping. Zones
shall be demarcated on the ground and indicated on maps with the participation of communities,
LGUs, and other stakeholders.

Buffer zone shall also be established within the peripheral areas of the MTNBA in
accordance with the Management Plan to serve as a social fence where tenurial and sustainable
resource-use rights may be granted to qualified groups and individuals.

Article III — Institutional Mechanism, Roles and Functions

Section 9. PAMB ~ (a) There shall be a Protected Area Management Board which shall
serve as the highest policy-making body of the MINBA. It shall be composed of the following:

(1) The Regional Director (RD) of Region V as PAMB Chair;

(2) The Provincial Planning & Development Officer of Masbate;

(3) The Environment and Natural Resources Officer (ENRO) of the Province of Masbate
(PENRO-LGU);

(4) One (1) regular representative from municipality of Monreal, Masbate with territory
within MTNBA;

(5) One (1) regular representative from each Barangay with territory within MTNBA;

(6) One (1) representative from every NGO, PO, Church or Civic Organization but not to
exceed five (5), all of whom must be based in or near MINBA:


(7) One (1) representative from other government agencies with direct interest or
involvement in protected area management; and

(8) One (1) representative from academic institutions with direct interest or involvement in
protected area management.

() Every PAMB shall serve for a term of five (5) years, renewable for another five (5)
years; Provided, That he/she remains connected with the office or sector he/she is supposed to
represent; Provided, further, That LGU representatives must present the necessary endorsement
from their respective Sanggunians and their membership shall be co-terminus being an elected
officials. Whenever a vacancy occurs during the term of a non-government PAMB member, a
new member shall be chosen in the same manner as the original selection process and only for
the remaining term.

Section 10. Powers and Functions of the PAMB — The PAMB shall decide by majority
yote and shall have the following powers and functions:

(@) Issue rules and regulations to control, prohibit and regulate all acts that may be
prejudicial to the MTNBA pursuant to the policy declarations herein set forth, including
the imposition of fines to a maximum of Twenty thousand pesos (P20,000.00) and
issuance of cease and desist orders, whenever justified;

(b) Regulate, control and issue permits in accordance with the Management Plan pertinent
environmental laws and regulations particularly with regard to infrastructure activities,
public utilities, waste management, business enterprises and research activities within the
Matang-Tubig Natural Biotic Area, including the power to prescribe appropriate fees and
charges;

(©) Review, approve and adopt a Management Plan for MTNBA;

(4) Recommend the deputation through the PASu individuals or groups to augment the
protection personnel of MTNBA for the enforcement of laws, rules and regulations
therein, and prescribe, qualifications thereof,

(©) Approve contracts and agreements consistent with the purpose of this Act.

(©) Accept donations and grants to be deposited as trust fund for MTNBA;

(g) Review and approve proposals for funding, financial and work plans, and exercise
accountability over all funds that may accrue to the MINBA;

(h) Promulgate rules and regulations on the conduct of its business

(i) Monitor and evaluate the performance of all PASO personnel;


(j) Retain legal counsel to defend cases against the PAMB, the PASO staff and deputized
individuals whenever they are sued in connection with the performance of their duties
and functions under this Act, and to assist in other PAMB legal matters; and

(W) Initiate and file suits against persons or entities whose business or activities are
detrimental to the protected area.

Section 11. Incentives for MTNBA-PAMB Members - In addition to actual and
necessary traveling and subsistence allowance incurred in the performance of their duties, the
PAMB members may be granted honoraria and other benefits in attending PAMB or other
committee meetings. These expenses may be included in the appropriation of the MINBA Trust
Fund.

Section 12. Protected Area Superintendent’s Office — There is hereby created a
Protected Area Superintendent’s Office (PASO) which shall perform the day-to-day
management, protection and administration of the Bong.NP. It shall be headed by the Protected
‘Area Superintendent (PASu) as its chief operating officer who shall be directly accountable to
the PAMB and the Community Environment and Natural Resources Officer of San Jacinto
Masbate (CENRO-San Jacinto) and Provincial Environment and Natural Resources Officer of
the DENR (PENRO-DENR) in Masbate. The PASu shall directly coordinate his/her activities
with the CENRO with regard to DENR programs that are related to protected area management.

The PASO shall be staffed by a sufficient number of personnel with functions and
qualifications as provided for by the PAMB. The PASO staff shall preferably be hired from
residents of the municipality comprising MTNBA, unless otherwise not qualified.

The PASu shall prepare an annual accomplishment report on all activities undertaken in
the protected area for PAMB review and submission to the DENR Secretary.

Section 13. Local Government Units — LGUs shall be represented in the PAMB and

shall have the following functions:

(a) Apprise their respective constituents, office and sector on activities and programs for the
protected area;

(b) Ensure consistency in the implementation of all activities in the protected area;
(©) Retain their ordinance-making powers over the protected area; Provided, That on matters
relating to biodiversity conservation, protection and sustainable development, the

ordinances shall be consistent with the Management Plan;

(@) In the formulation of their development plan, LGUs shall consider the MTNBA
Management Plan;


(©) 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 park activities;

(®) Accredit people’s organizations, NGOs and other entities and groups involved in
activities within the MTNBA; and

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

Article IV — Utilization of Resources

Section 14. Existing Facilities within the MTNBA — Within a year from approval of
this Act all existing commercial facilities with capitalization of not less than One hundred
thousand pesos (P100,000.00) within the MTNBA or relies heavily from resources within the
MTNBA, shall submit to the PASO a swom statement containing the following information:

(a) Potential for disturbance of protected species and their habitats;

(b) Emissions and effluents at all stages of the operation;

(©) Energy requirements and sources of energy;

(d) Water supply requirements and sources of water;

(©) Volume of resources extracted from the MTNBA;

(®) Future plans for the next five (5) years; and

(g) Other data they may deem relevant to the conservation objectives of the MTNBA.

Based on these submissions, the PAMB shall determine whether the continued operation
and future plans of these facilities are detrimental to the MTNBA or to further undergo the
Environmental Impact Statement (EIS) System and secure Environmental Compliance
Certificate (ECC) from the Environmental Management Bureau. The PAMB may prescribe
conditions or charge reasonable fees for the continued operation of facilities that rely heavily on
resources within the MINBA to ensure that it does not impair the conservation objectives of the
Bong.NP. Without prejudice to the filing of the necessary criminal charges, in case of violation
of PAMB conditions or non-payment of charges, the PAMB may impose an administrative fine
of Five thousand pesos (P5,000.00) for every day of violation upon the owners of the erring
facilities but not to exceed a total of Five hundred thousand pesos (P500,000.00). At anytime
whenever necessary, the PAMB, through the PASu and other government entities, shall cause the
cessation and demolition of said facility at owner’s cost. Failure to submit the required



information shall constitute a violation of this Act and subject to the penalties imposed under
Section 17 (b) hereof.

Section 15. U n of Resources — Except upon prior approval of the PAMB and
consistent with the Management Plan the use of natural resources within MTNBA shall not be
allowed. However, the sustainable use of resources by tenured migrants for their domestics
needs or for subsistence shall not be restricted except protected species and whenever highly
detrimental to the ecosystem.

Section 16. Public Lands — Upon passage of this Act, no land within the MTNBA shall
be released from the public domain as alienable and disposable and any sale, transfer, alienation
or disposition thereof shall be null and voit

Article V ~ Prohibited Acts

Section 17. Prol
with their respective penalt

ted Acts — The following acts are prohibited within the MTNBA

(a) A fine of not less than Five thousand pesos (P5,000.00) to not more than Five hundred
thousand pesos (P500,000.00) and imprisonment of not less than six (6) years and one (1)
day to not more than twelve (12) years shall be imposed upon any person who:

(1) Hunts, collects, takes, destroys, traps, disturbs or otherwise possesses any wild plant,
animal or product, including genetic resources, derived from the MTNBA without prior
PAMB permit: Provided, That such permit can only be given for scientific purposes and
necessary for protected area management;

(2) Cuts, gathers, collects, removes or otherwise possesses timber or other forest products
within the MTNBA without prior PAMB permit: Provided, that such permit can only be
given for scientific purposes and necessary for protected area management; Provided,
further, That no permit shall issue for timber or other forest products within strict
protection zones.

(3) Engages in kaingin/clearing the mangrove area or otherwise intentionally or negligently
causes a forest fire inside the MTNBA;

(4) Engages in mineral or energy exploration activities within the MTNBA;
(5) Engages in treasure-hunting within the MTNBA;
(6) Introduces exotic species or genetically modified organisms within the MTNBA; and

(7) Discharges, leaves or dumps any waste product or substance deleterious to the MTNBA
ecosystem or to any of the flora and fauna therein;


(b) A fine of not less than Five thousand pesos (P5,000.00) to not more than Two hundred fifty
thousand pesos (P250,000.00) and imprisonment of not less than six (6) months and one (1)
day to not more than six (6) years shall be imposed upon any person who:

(1) Occupies, settles, or possesses any portion of land inside the MTNBA without the
necessary permit. Clearing, construction of residence or introduction of improvements
shall constitute prima facie evidence of such occupation or settlement;

(2) Vandalizes, mutilates, destroys, excavates, defaces or otherwise intentionally damages
any natural formation or object of natural beauty inside the MTNBA;

(3) Uses or possesses motorized equipment, explosives or any noxious substance anywhere
within the strict protection zones of the Bong.NP as delineated by the PAMB;

(4) Construets or maintains any kind of road, structure, fence or enclosure without prior
PAMB permit; and

(5) Obstructs or hinders the enforeement of this Act, the Management Plan and its pertinent
rules and regulations.

(© A fine of not less than Five thousand pesos (P5,000.00) to not more than Fifty thousand
pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not
more than six (6) months, or both, shall be imposed upon any person who:

1 Except as otherwise provided, violates the Management Plan or any rule or resolution
promulgated by the PAMB;

2 Alters, removes, destroys or deface boundaries, marks or signs;

3 Enters the MTNBA without prior PAMB permit for purposes of Camping, swimming,
fishing and other recreational activities;

4 Dumps, litters or otherwise leaves debris, refuse or garbage within the MTNBA.

(A) Any provision to the contrary notwithstanding, the commission of any unlawful act under
Section 17 (a) shall carry the penalty of imprisonment of not less than twelve (12) years and
one (1) day to not more than twenty (20) years and a fine of not less than Five hundred
thousand pesos (P500, 000.00) to not more than One million pesos (P1, 000,000.00),
whenever the species involved is a protected species as provided herein. Any citizen may
institute the necessary charge against an offender for commission of the acts enumerated
under this section.

(©) A conviction under this Section shall carry the accessory penalties of eviction from the
MTNBA, payment of damages for rehabilitation and restoration, and the forfeiture of all
conveyances, equipment, device, instrument, tool or weapon used in the commission of the
offense as well as the flora, fauna and resources caught in the possession of the accused. In
case the offender is an association, partnership or corporation, the president or manager of
the said corporation shall be held liable for the act of his/her employees or workers.

() The DENR through the PASu may impose administrative sanctions against the offender for
violations committed under this Act. The PASu may confiscate all conveyances, equipment,
device, instrument, tool or weapon used in the commission of the offense caught en flagrante



(a) Fees and charges from facilities and rights directly benefiting from the protected area
including rights derived there from;

(b) Fines from violations inside the protected area;
(©) Proceeds from lease of multiple use or special use areas including tourism concessions;
(d) Fees from permitted sale of flora, fauna and other forest resources;

(©) Entrance fees and rents of facilities in Recreation Zones;

(®) Contribution, donations endowments and grants from any source, and;

(g) Other revenues as provided in this Act.

All donations, grants and endowments shall be exempted from donor’s tax, documentary
stamp tax and all other taxes, charges and fees imposed by the government.

Current sources of revenue of LGUs such as business permits and real property taxes
shall be excluded from IPAF.

Section 19. Appropriations ~ In order to carry out the purposes of this Act, an annual
aggregate amount of FIFTY MILLION PESOS ONLY shall be included in the annual General
Appropriations Act and allocated for the use of the MINBA.

Article VII- Miscellaneous Provisions
Section 20 . Separability Clause — If any part or section of this Act is declared
unconstitutional, such declaration shall not affect in any manner the other parts or sections
hereof.

Section 21. Repealing Clause — All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

Section 22. Effectivity Clause ~ This Act shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation.