EP RE.
ix “om

NINETEENTH CONGRESS OF THE +) S* RECEIVED "3 3
REPUBLIC OF THE PHILIPPINES ) uATESS 022
First Regular Session )

HOUSE OF REP! "ATIVES

‘ H.B. No. "outs

Introduced by Rep. Reynante U. Arrogancia

EXPLANATORY NOTE

This bill seeks to declare the Mulanay Watershed Forest Reserve (MWER) in the
Municipality of San Francisco, Province of Quezon into the San Francisco Protected
Landscape. The MWER has abundant forest vegetation and a sanctuary to fauna of endemic
mammal, birds and reptiles. It is also the source of water in the area and a vital land site for
threatened flora and fauna species.

In 2021, the MWFR was subjected to the Protected Area Suitability Assessment
(PASA) by the Department of Environment and Natural Resources to determine its suitability
to be legislated as a Protected Area pursuant to Republic Act No. 7586 or the “NIPAS Act of
1992”, as amended by Republic Act No. 11038 or “Expanded National Integrated Protected
Areas System Act of 2018”. The PASA determined that the MWFR is suitable under the
category of Protected Landscape for its rich and lush forest vegetation that serves as the habitat
of different wildlife including threatened flora and fauna species.

The MWER has a total area of 29.6 hectares and has a rich biodiversity of flora and
fauna including those in the Updated National List of Threatened Philippine Plants and their
Categories and the Updated National List of Threatened Philippine Animals and Their
Categories. ‘The Biodiversity Monitoring System Report identified eighty-three (83) floral
species and fifly-nine (59) faunal specie with three (3) flora and two (2) fauna species were
classified as endangered and critically endangered. The MWFR also provides clean source of
water for the people that can be used domestically and agriculturally.

In view of the foregoing, the declaration of the Mulanay Watershed Forest Reserve into
the San Francisco Protected Landscape is urgently sought.

REP. REYNANTE U. ARROGANCIA
3" District of Quezon


NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
. aE

Introduced by Rep. Reynante U. Arrogancia

AN ACT
DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITY OF SAN
FRANCISCO, PROVINCE OF QUEZON AS A PROTECTED AREA WITH A
CATEGORY OF PROTECTED LANDSCAPE UNDER THE NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) TO BE REFERRED TO AS
THE SAN FRANCISCO PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE I
GENERAL PROVISONS

SECTION 1. Title. — This Act shall be known as the “San Francisco Protected Landscape
Act”.

SEC. 2. Declaration 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, and recognizing the critical importance of
protecting and maintaining the natural, biological, and physical diversities of the environment
notably on areas with biologically unique features to sustain human life, it is hereby declared
the policy of the State to secure for the Filipino people of present and for future generation, the
perpetual existence of all native plants and animals through the establishment of
comprehensive system of integrated protected areas within the classification of national park
as provided for in the Constitution.

In recognition of the richness and diversity of the biological resources, both flora and
fauna, that are distinct to the Province of Quezon and its aesthetic and ecological importance,
a parcel of land located in the Municipality of San Francisco in the Province of Quezon, and
covering the Mulanay Watershed Forest Reserve (MWFR), is hereby declared as a protected
area with the category of protected landscape, and shall hereinafter be referred to as the San
Francisco Protected Landscape (SFPL). As such, the State shall ensure the conservation,
protection, management and rehabilitation of the area. It is likewise recognized that the
effective administration of this area is possibly only through cooperation among national


government, local government units (LGUs), concerned nongovernmental organizations
(NGOs), private entities and local communities. The use and enjoyment of this area must be
consistent with the principles of biological diversity and sustainable development.

Towards this end, the State shall ensure the full implementation of this Act, the
mobilization of resources for the institutional mechanisms herein established, and the full
scientific and technical support need for the conservation of biodiversity and the integrity of
the ecosystems, culture and indigenous practices.

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

(a) Buffer zones refer to identified areas outside the boundaries and immediately adjacent
to the designated protected areas that need special development control in order to avoid
or minimize harm to the protected area;

(b) Conservation refers to any act or acts of preservation and sustainable utilization of
wildlife or maintenance, restoration and enhancement of habitats;

(©) Indigenous cultural communities (ICCs)/Indigenous peoples (IPs) refer to groups of
people sharing common bonds of language, customs, traditions, and other distinctive
cultural traits, and who have, since time immemorial, occupied, possessed and utilized
a territory;

(d) National park refers to land of the public domain classified as such in the Constitution
which includes all areas under the NIPAS, primarily designated for the conservation of
native plants and animals, their associated habitats and cultural diversity;

(©) Protected area refers to an identified portion of land and water set aside by reason of
its unique physical and biological significance, managed to enhance biological diversity
and protected against destructive human exploitation;

(1) Protected landscape refers to an area of national significance, which are characterized
by the harmonious interaction of human, land, and water while providing opportunities
for public enjoyment through recreation, tourism, and other economic activities; and

(g) Tenured migrants refer to protected area occupants who have been actually,
continuously and presently occupying a portion of the protected area for five (5) years
before the proclamation or law establishing the same as a protected area, and are solely
dependent therein for subsistence;

SEC. 4. Classification as a National Park. —‘The SFPL is comprised of a parcel of land of the
public domain located in the Municipality of San Francisco, Province of Quezon. Alll lands of
the public domain within the coverage and scope of the SFPL, shall fall under the classification
of national park as provided in Article XII, Section 3 of the Constitution.

SEC. 5. Scope and Coverage. ~ The boundaries of the San Francisco Protected Landscape are
more particularly described as the area beginning at a point marked “1” on the Map, being N
43° 19° 44” E., 2,157.25 meters from QZN — 3477 with a geographic coordinates of 13° 20'
53.63034” Latitude and 122° 30' 6.32977" Longitude located at Barangay Poblacion,
Municipality of San Francisco, Quezon.


67

69
70
7
72
73
74
75
76

78
79

81
82
83
84
85

87
89
91
92

93
94

thence N37°59°28"E 307.06 meters to corner
thence S63°16'32”E 162.34 meters to comer
thence N 70° 39° 18"E 238.47 meters to corner
thence 50°45" 19"E 260.82 meters to corner
thence $06°37°SI"E 346,32 meters to corner
thence $ 56°51" 03” W 265.16 meters to corner
thence N33°41°18"W 46.87 meters to corner
thence N 39°03°05” W 68.25. meters to corner 9
thence N47° 04°51” W 77.83. meters to corner 10
thence N 46° 34°30" W 77.10 meters to corer 11
thence N 65°04" 36" W 109.17 meters to corner 12
thence N 55°31°59" W 204.98 meters to corner 13
thence N 70° 22°22”W 136.96 meterstocomer 1

the point of beginning containing an area of TWENTY-NINE and 60/100 (29.6)

hectares.

eu anon

SEC. 6. Establishment of Buffer Zones. ~The Department of Environment and Natural
Resources (DENR) Secretary, upon the recommendation of the Protected Area Management
Board (PAMB) created under Section 7 of this Act, may designate areas surrounding the SFPL
as buffer zones for the purpose of providing an extra layer of protection where restrictions may
be applied: Provided, That, in cases where the designated buffer zone would cover private
lands, the owners thereof shall be required to designate their development with due
consideration to the protected area management plan.

ARTICLE I
MANAGEMENT MECHANISMS

SEC. 7. Protected Area Management Board (PAMB). - Within ninety (90) days from the
effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee
the management of the SFPL. The PAMB shall be composed of the following:

(a) DENR Regional Executive Director for Region IV-A as Chairperson;

(b) Governor of the Province of Quezon or the duly authorized representative;

(©) Senators of the Republic of the Philippines who are duly registered residents of
Quezon, or their duly designated representatives, unless the Senators decline the
membership in the PAMB;

(d) District Representative of the Congressional District where the APLS is located or
the duly designated representative, unless the District Representative declines the
membership in the PAMB;

(©) Mayor of the Municipality of San Andres, Quezon or the duly authorized
representative;


Sage

100
101
102
103
104
105
106
107
108
109
110
11
12
113
114
15
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138

(f) Chairperson (s) of the barangay (s) within the territorial jurisdiction of the APLS;

(g) Regional Directors of the following government agencies, namely: the Department
of Agriculture (DA), the National Economic and Development Authority (NEDA),
the Department of Science and Technology (DOST), the Philippine National Police
(PNP), the Department of National Defense (DND), the Department of Tourism
(DOT), and the National Historical Commission of the Philippines (NHCP);

(h) Three (3) representatives from NGOs or people’s organizations (POs) based in the
Province of Quezon, duly accredited both by the DENR and the provincial
government, The NGOs or POs represented should have been in existence for at
least five (5) years and with track record in or related to protected area management;

(i) At least one (1) but not more than three (3) representatives from all the ICCs/Ips
present in the area and recognized by the National Commission on Indigenous
Peoples (NCIP); and

@__ One (1) representative from an academic institution, preferably from a university
or college in the Province of Quezon with proven track record in or related to
protected area management; and

(k) One (1) representative from the private sector, preferably a resident of the Province
of Quezon, who is distinguished in a profession or field of interest to the protected
area management.

‘The terms of office of members of the PAMB, as well the grounds for their removal,
shall be in accordance with the provisions of Republic Act No. 7586, otherwise known as the
“National Integrated Protected Areas System Act of 1992”, as amended by Republic Act No.
11038, otherwise known as the “Expanded National Integrated Protected Areas System Act of
2018”.

SEC. 8. Powers and Functions of the PAMB. - The PAMB shall have the following powers
and functions:

(a) Oversee the management of the SFPL;

(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the SFPL;

(©) Approve the management plan of the SFPL and ensure its harmonization and
integration with the Ancestral Domain Sustainable Development and Protection
Plan, land use plan and other development plan, public or private, and its
implementation;

(d) Adopt a manual of operations to include rules of procedure in the conduct of
business, and the creation of committees and their respective terms of reference;

(e) Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of the
SFPL;

(Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and other funds in
accordance with the accounting and budgeting rules and regulations;


139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181

(g) Set fees and charges in accordance with existing guidelines;

(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means;

(i) Recommend appropriate policy changes to the DENR and other government
authorities with respect to the management of the SFPL;

(i) Monitor and assess the performance of the Protected Areas Superintendent (PASu)
and other protected area personne! and compliance of partners with the terms and
conditions of any undertaking, contract or agreement;

(k) Recommend from among a shortlist of qualified candidates, the designation or
appointment of the PASu; and

(I) Assess the effectiveness of the management of the SFPL: Provided, That the
members of the PAMB representing the LGUs and national agencies shall inform
their respective constituents, offices or sectors, of PAMB-approved or other
relevant policies, rules, regulations, programs, and projects and shalll ensure that the
provisions of this Act and the rules and regulations issued to implement it are
complies with and used as reference and framework in their respective plans,
policies, programs, and projects. Failure to comply with the foregoing shall be basis
for disciplinary action against such member according to the basis for disciplinary
action against such member according to administrative rules and regulations and
such penalties as the PAMB may provide: Provided, further, That the DENR,
through the Regional Director, shall ensure that the PAMB acts within the scope of
its powers and functions. In case of conflict between the resolutions issued by the
PAMB and the existing administrative orders of national application, the latter shall
prevail.

SEC. 9. The Protected Area Management Office (PAMO). ~ There is hereby established a
Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent
(PASu) who shall supervise the day-to-day management, protection, and administration of the
SFPL. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR
Secretary. A sufficient number of support staff with permanent plantilla positions shall
likewise be appointed by the DENR Secretary to assist the PASu in the management of the
SFPL.

The PASu shall be primarily accountable to the PAMB and the DENR for the
management and operations of the SFPL. Pursuant thereto, the PASu shall have the following
duties and responsibilities:

(a) Prepare the management plan, in consultation with the stakeholders, including the
annual and financial plan and ensure its implementation;
(b) Ensure the integration of the SFPL management plans, programs, projects, and
policies with relevant national and LGUs’ plans and programs;
(©) Provide secretariat services to the PAMB and its committees and ensure the
ilability of relevant and timely information for decision-making;



182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203

205
206
207
208

210
21
212
213
214
215
216
217
218
219

221
222
223

(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;

(©) Establish, operate, and maintain a database management system which shall be an
important basis for decision-making;

(f) Enforce the laws, rules and regulations relevant to the SFPL, commence and
institute administrative and legal actions in collaboration with other government
agencies or organization, and assist in the prosecution of offenses committed in
violation of the provisions of this Act;

(g) Monitor, evaluation, and report the implementation of management activities of the
SFPL;

(h) Request for and receive any technical assistance, support or advice from any agency
or instrumentality of the government as well as academic institutions, NGOs and
the private sector, as may be necessary for the effective management, protection
and administration of the SFPL;

(i) Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with the terms, conditions and criteria
established by the SFPL: Provided, That all permits for extraction activities,
including collection for research purposes, shall also continue to be issued by
relevant authorities, subject to prior clearance from the PAMB, through the PASu,
in accordance with the specific acts to be covered;

() Collect and receive pertinent fees, charges and donations, and other income for the
SFPL: Provided, That such fees, charges, donations, and other income collected
and received shall be reported to regularly to the PAMB and the DENR in
accordance with the existing guidelines;

(k) Prepare and recommend to the PAMB, approval of the annual work and financial
plans of the SFPL on the management plan; and

(D) Perform such other functions as the PAMB and the DENR may assign.

The PAMO may be augmented by the deputized local environment and natural
resources officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE III
PROCEEDS AND FEES

SEC. 10. The San Francisco Protected Landscape Integrated Protected Area Fund, ~ There
is hereby established a trust fund to be known as the San Francisco Protected Landscape
Integrated Protected Area Fund (SFPL-IPAF) for purposes of financing project of the SFPL
and the NIPAS. Alll income generated from the operation and management of wild flora and
fauna in the SFPL shall accrue to the SFPL-IPAF. ‘The income shall be derived from fees from
permitted sale and export of flora and fauna and other resources from the SFPL, proceeds from
lease of multiple-use areas, contributions from industries and facilities directly benefiting from
the SFPL, and such other fees and income derived from the operation of the SFPL.


224
225
226
227

229

231
232

235

237

239
240
241
242
243,
244
245
246
247
248
249

251

Bees

256
257

259
260
261
262
263

‘The PAMB shall retain seventy-five percent (75%) of all revenues raised through the
above means, which shall be deposited to the Protected Area-Retained Income Account (PA-
RIA) in any authorized government depository bank within the locality: Provided, That
disbursement out of such deposits shall be used solely for the protection, maintenance,
administration, and management of the SFLP and implementation of duly approved projects of
the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a
special account in the general fund in the National Treasury for purposes of financing the
programs and projects of the NIPAS.

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign: Provided, That the fund shall be deposited in full as a special
account in the National Treasury and disbursements therefrom shall be made solely for the
protection, maintenance, administration and management of the NIPAS and duly approved
projects endorsed by the PAMB in accordance with existing accounting, budgeting, and
auditing rules and regulations: Provided, further, That the fund shall not be used to cover
personnel services expenditures.

‘The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as property business permits, property tax and
rentals of LGUs’ facilities.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

SEC. 11. Appropriations. — The Secretary of the DENR shall immediately include in the
Department’s program the implementation of this Act, the funding of which shall be included
in the annual General Appropriations Act.

SEC. 12. Suppletory Application of the NIPAS Law. ~The provisions of the Republic Act No.
7586, or the “National Integrated Protected Areas System Act of 1992”, as amended by
Republic Act No. 11038, or the “Expanded National Integrated Protection Area System Act of
2018” shall have suppletory applications to this Act.

SEC. 13. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity
of this Act, the Secretary of the DENR shall, in consultation with Municipality of San Andres,
the provincial government of Quezon, and concerned national government agencies, issue the
corresponding rules and regulations for the effective implementation of this Act.

SEC. 14. Separability Clause.- If any section or provision of this Act is held unconstitutional
or invalid, the remaining sections or provisions not affected thereby shall continue to in full
force and effect.


BRRR

269
270
271
272

SEC. 15. Repealing Clause. ~ All laws, decrees, letters of instruction, executive orders, rules
and regulations and other issuances or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,