Republic of the Philippines //_3”
HOUSE OF REPRESENTATI
Constitution Hills, Quezon

SIXT TH CONGRES:
Second Regular Session

House Bill No. _ 5185

Introduced by : Rep. Josep!

EXPLANATORY NOTE

This bill seeks to declare the Mt. Calavite Wildlife Sanctuary in the
Municipality of Paluan, in Occidental Mindoro, as a protected area.

The Mt. Calavite Wildlife Sanctuary (MCWS), which covers 18,235.42
hectares is hosts to a variety of endangered endemic species flora and fauna
classified as threatened by the International Union for the Conservation of Nature.
‘At present, Mt, Calavite is recorded to have 2 critically endangered, 3 endangered,
3 vulnerable, and 24 restricted-ranged species. Examples of these species are the
critically endangered Tamaraw, critically endangered Mindor Bleeding-heart
pigeon, vulnerable Spotted Imperial Pigeon, endangered Mindoro. Tarictic
Hornbill, vulnerable Scarlet-collared Flowerpecker. Mt, Calavite is also home to
vulnerable population of indigenous people, the sub-group Iraya-Mangyan.

Recognizing, the value of the area, the Mt. Calavite Wildlife Sanctuary was
established under the National Integrated Protected Areas System (NIPAS) by
virtue of Presidential Proclamation No. 292 signed by Pres. Joseph Fjercito
Estrada, dated April 23, 2002.

This bill, therefore, seeks to declare Mt, Calavite Wildlife Sanctuary as
protected in order to protect it from indiscriminate exploitation and to be abie to
maintain ecological balance,

Given the importance of biodiversity, it is deemed crucial that we act this
now to ensure that our children and the succeeding, generations will inherit a
living earth with all the bountiful natural resources and vibrant wildlife.

The passage of this bill is earnestly sought

HON. JOSEPHANY Y. R
Represexphative
Lone [istrictf Ofcident}

Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRE!
Second Regular Session

House Bill No. 5185

Introduced by : Rep. Josephine Y. Ramirez-Sato_

“AN ACT DECLARING THE ME. CALAVITL WILDLIFE SANCTUARY, SITUATED IN
THE MUNICIPALITY OF PALUAN PROVINCE OF OCCIDENTAL MINDORO AS A
PROTECIED AREA PROVIDING FOR ITS MANAGEMENT, AND FOR
OTHER PURPOSES”

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. Calavite Wildlife
Sanctuary (MCWS) Act."

Section 2. Declaration of Policy. — In view of the-importance of Mt.
Calavite’s unique biological and its aesthetic, economical and ecological
importance, itis hereby declared the policy of the State to ensure the protection
and conservation of Mt, Calavite, the communities, their culture and way of
life therein in accord with the rhythm and harmony of nature. In so doing, the
State shall ensure full implementation of this Act, mobilize resources in order
to put into operation institutional mechanisms and full scientific and technical
support to ensure the protection of biodiversity, sustainable and participatory
development, advance and protect the interests of its legitimate inhabitants
and honor customary laws. .

It shall further be the policy of the State to promote the Mt, Calavite
Wildlife Sanctuary, with the end in view of fostering widespread awareness
and concern for the same. Towards this end, the State shall undertake to carry
out comprehensive and holistic promotions, training and information
campaign programs for the benefit of the general public, in pursuance of the
duty of the State to uphold the primacy of protecting, preserving and
promoting these resources,

Finally, it shall be the policy of the State to encourage the participation
of the private sector and the local government units in the protection,
preservation and promotion of the Mt. Calavite Wildlife Sanctuary.


Section 3. Scope and Coverage. — The boundaries, of the ML. Calavite
Wildlife Sanctuary, situated in the Municipality of Paluan, Province of
Occidental Mindoro, containing an approximate area of 18,235.42 hectares, are
as follows:

CORNER UIMLUZON BEARING | DISTANCE
NORTHING | EASTING 1
487601 224994 N 601653" W- 804.86
1488000 224305 NS1°5053" W 381.15
TH88359 | 223838 N31°0897" W 296.52
1488613 223685 N 34703108" W. 304.68
1488940 22364 $ 40°33'26"W | 282.99)
“1488725 223280 |S 40°13%36" W 696.80
1488193 | 22283 —_N40°3331" W 730.51
1488748 220355 | $ 46°22" W 239.07 |
1488583, 222182 $42°2405" W 231 |
1488249 221877 5 45°35 375.09
1487973 222131 263.23
1487704 222324

1487340 220469

1487008 | 222536 SI
1486820 | 222616 N 62°39°20" W
1487017 222235 | OS 41°07'07" W.

— 1486836 | 222077 |
21997

221807 N 85°54" W_
221456 N31°34'52" W
221156
23 = 220788
TAROO3T 220895 6
1486196 | 220992 00
1485908 220703 526.10
~1485918 220177 | = 427.02
1485665, 219833 [346d
| 219517 $ 55°36'00" W. | 380.55,
219203 | § 63°18" W_ 389.52
218855 | N 9070000" W 370.00
| 218485 N 674742" W
[217777 S70°35'51" W.
485254, 217300 $ 79702"
~_1485198 217011 S$ 40°10'04" E
— 1484511 217806, 5 60°56'43" E
1484291 218202 5S 76°03'49" W_
1484224 217932 S87°50'49" W_
1484209 217533, $71°15'45" W.
1484132 [217306 | N 4045448" WH
TAB4219 217231 | N 86°29" W
1484245, 216839. $ 79°48'23" W
1484188 | __ 216522 $ 14°27'03" B Ei
485851216614 5 524300" W
7483662 216392 5.06°16'10" E



CORNER | LINE JTMLUZON | BEARING — | DISTANCE
NORTHING | EASTING _ |
6 1483216 398.42
46 1482868
a7 1482584
48 _| 4482451
9 482155 r
50 1481960 | —|—850°25'20" 8
51 1481755 | | Ss2°aa"
52 “[- 1481507
3 1481163
St aso? 216053 a
ca 1480861 216641 5 5534143" E
[36 1480517 | 5.62°42'01" W
57 1480245 24°93" W
58 1480276 N 65°19°00" W
59 Te N 76°26'58" W
60 215498 N 76°53'26" W
61 215133 N 52947449" W_
62. a NN 48°46'20" W.
63 1480965 | 214665 N 40°1534" W
6 1481298 214383 N 45°00" W
65 TA81483 210198 N491202" W
66 TAS 1647 214008 N15°2332" W.
7 1481792 213861 NAF0759" W
68 148196 213680 | _N 36°24" W
6 1482208 213431 $ 015807" W
70 1481978 213420 $ 00°52'04" W.
ial 1481714 213416 $ 121446" W
RQ [ 213360 $09°34'42" E
2B | S39°31'12" W.
74 1480902 N73°45'29" W
3 1481006 N 85°25'55" W
76 | 1481037, 212514 | N A5"28'31" W
77 1481276 212971 | N59%212"W_|
[78 TASTA8E 211915 NA5723" W
79 | 1481787 211579 | N 50"1634" W
[80 1481959
er) | 385.81
82 300.33
[83 = ~ 210889 | 415.29
84 1482996 |= 210586 | N.38°23711" W 392.04
85 Tas3304 | 210342 | 354554" 416.40
86 | 183679 — 210161 N51°53102" W 312.67
87 [1483872 | 200915 | Naw3601"W | 316.81
88. 1484060 209660 IN A0°55'58" W.
89 1484281 200475 | N31°55'24" W_|
90 1484532 209318 E
o1 _| 1484822 | 200248 | N 24°43 16" W
[92 1485024 2091 N 66°32106" W
9% 1485159 208844 N 742052" W
94 1485253 208507, N 16°5539" W



CORNER LINE UTM LUZON BEARING DISTANCE
___| NORTHING | EASTING
5 95 - 96 1485529 208423 N06°20728" W. 452.77

96-97 | 1485979 208373 Nie2o37"E [4585

97-98 1486420 208487 N 16°09'55" W 488.04
98-99 208109 | _N 393658" W) “414.07
99-100 [207935 Na3e6710" W 290.00
100 - 101 367.15,

ass021 | 207382
1488348 _

To4-105 | 1488440 N 38 E
[105-106 | 1488698, | N 38°58198" 7
106-107 1488990) = 208558 | N 16°23'22" 318.96
107 - 108 1489245 208648 NOW4d38" E 247.83
~_ 108 - 109 1489486 208668 N 00°34'15" S0L.01
109-110 | 1489787 208671 N15°2957" E 246.98
1490025 208737 N 20°01 02" E 208.54
=112 1490215 208810 N 06°58'26" W 329.44
112-113 1490542 | 208770, N46°2645" E 364.28

113-114 : ya N 00°56'10" W 306.04
14-115 1491099 209029 N00°5905" W 349.05
115-116 1491448 209023 N 721227" E 366.53
6-117 1491560 209372 N74°38'18" E 283.11
17-118 1491635 209645 N3UST19"E 388.29
18-119 1491966 20988 |< N 271610" E 43651
19-120 1492354 | _210088 N87°4233" E 175.14
120-121 1492361 210223 N 241853" E 330.30
121-122 1492662 210359, N30°0930" E 337.38
122-128 1492954 710528 N74g41"E 457.28
133-124 1493082 210967 N 71248" E 439.74
124125; 1493209 211388 N5oa5ua"E | 474.22
125-126 1493449 211797 |__N54°5946" E 399.21
126-127 1493678 212124 N 3492858" E 461,00 +
127 - 128 1494058 212385 N 18°30(06" E 512.01
128-129 1494572 212557 N5e2034" E 3951
120-130 1494749 212824, N 65°59" E 309.28

130-131 1494876 213105 N 6573005" E 347.26

1495020 7 N 004557" E 403.38
205,85
32

2 N 60°40"
135 1495741 751 | N6ra7ni" 239,00
136 - 137 1495832 214972 N 69%40'57" E 345.16
137 ~ 215296 N 68°1500" E. 304.05
138 = 139 1496097 215662 N 76°28'55" 402.14
139 - 140 1496191 216053 N 69°31'10" E 265.80
140 - 141 1496284 216302 N 75°30'36" E 367.70
141 - 142 1496376 216658 N77°18'26" E 455.12
142 - 143, 1496476, 217102 N 75°05'11" E 411.87
143 - 144 1496582, 217500 N75°1. we 376.45
‘Add = 145, 1496678 217864 317.76



CORNER | LINE UTM LUZON BEARING . ] DISTANCE |
NORTHING | EASTING
145 145 - 146 1496700 218181 N 85°20'41" E 394.30
146 146 = 147 1496732 N 85°5901" E 471.16
47 | 147-148 1496765 219044 N 80°1438" E 513.42
148 ~ 148 - 149 1496852 219550 | N 745109" E 512.82
wo | 1496986 220045 § 84°34'30" E 455.04
[149694 - 8 79°4234"E 352.67
151-152 1496880. 220845, $ 76°15'33" E 282.07
152-153 | 1496813 5 80°1542"E 614.86
153 - 154 4 __ 221725 S 740154" E 345.32
154-155, 4 | 220057 | S 75753" E 392.46
56 1496486, | 222428 §75°44'30" BE 438.51
156 - 157, | 222853 § 70°33'35" EB 504.78
157 - 158 [223829 NSPS" E 317.62
158-159 _| 22645 SOsaTIE 403.84
159 - 160 1496063 224007 SOQ929"T 345.73
160-161 | _ 1495722 224064 S 123043" 341.12
61 = 162 1495389 224138 Navorn" E 295.96
162-163 1495425, 224432 5185383 _| 345.06
163 ~ 164 1495195 22601 | S0s*a1a3" E 283.92
~ 161-165 1491915 38 3410" W. 288.
165 | 165 - 166 1494628 | 224710 25100" E
166 166 - 167 149430 [224729 [S$ 021538"
167 ‘167 = 168 1491853] 224826 | 05°50145"
168 168-169 | 1491590 | 224856 § 00953142"
169 if 0) 1491240, 224861 » S.00°19S" E
i 170 170-171 1490883. S.01°36'42" _|
17 171-172 1490421 224876 _ Sarai"
172 172-173 1490048 224887 _ S11%42'44" B
173. 173 - 174 1489720 224955, _5.00°09'39" Ww
74 174-175. 1489364 224954 S.01°31'45" W_
18 175-176 1488952 224943 5 001909" E
17%6 176-177 _|__ 1488593 224945 _$.03°08'47" EB |
177 177-178 224966 S02°5413"E
178 | 178-1 224980 $.02°2#00" E

The DENR-National Mapping and Resource-Inférmation Authority
(NAMRIA) shall validate the technical descriptions provided in this Act
through actual survey/demarcation. The metes and bounds of the Ml
Calavite Wildlife Sanctuary shall be indicated on the map. The

The technical description of the buffer zone will be supplemented to this
act by the DENR-PENRO and will be likewise validated by NAMRIA.

Any modification of this Act due to factors such as changing ecological
situations, new scientific or archaeological findings, or discovery of traditional
boundaries not previously taken into account shall be made through an Act
passed by Congress after full consultation with the affected public and
concerned government agencies.


Section 4. Definition of Terms. — The following, terms are hereby
defined for the purpose of this Ac

(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) Indigenous cultural communities - shall refer to tribes, including but
not limited to Mangyan (ie. Iraya, Alangan, Taobuid, Buhid, Hanunoo,
Gubatnon, Ratagnon) who have continuously lived as communities on
communally bounded and defined land since time immemorial and
have succeeded in preserving, maintaining and sharing common bonds
of language, customs, traditions and other distinctive cultural traits.

(©) Non-renewable resources ~ shall refer to those resources found within
the PA and its buffer zones, the natural replenishment rate of which is
either not known or takes more than twenty-five (25) years,

(d) Protected species - shall refer to any species listed under the
Convention of International Trade of Endangered Species (CITES), or
any plant or animal that shall be declared as protected under
Philippine laws, rules and regulations issued by the Department of
Environment and Natural Resources (DENR) or the Protected Area
Management Board (PAMB) or through management plan herein
provided.

(e) Non-government organization - shall refer to any civic, development
or philanthropic organization which is multi-sectoral in character.

(f) People's organization - shall refér to any grouping of people formed to
advance the interests of the sector represented, provided such sector is
marginalized, poor or disempowered.

(g) Public consultation - shall refer to a meeting dialogue with the
concerned or affected individuals within and outside the PA designed

to identify and resolve issues and problems affecting them.

(h) Secretary - shall refer to the Secretary of the DENR.


Section 5. Management Plan, - ‘There shall be a. management plan
promulgated for the MCWS that shall serve as the basic long-term framework
plan in the management of the protected area and guide in the preparation of
its annual operations plan and budget.

The Protected Area Superintendent (PASu) shall prepare the
management plan in coordination with the appropriate offices of the DENR
and local communities and tribal experts 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. Such
certification is mandatory if the plan conforms to all laws, rules and
regulations issued by the DENR of national application. In no case shall the
management plan be revised or modified without prior consultation with the
PAMB.

Within one (1) year from the effectivity of this Act, the management plan
shall have been 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) The category of the protected area;

(b) Period of applicability of the plan;

(©) Key management issues;

(a) Goals and objectives of management in support of Section 2 hereof;

(e) Site management strategy

(© Major management activities, such as, but not limited to

enforcement of laws, habitat and wildlife management, sustainable
use management, infrastructure development and maintenance,
and fire and pest control;

(g) Zoning; and

(h) itor management programs.

The PASu shall prepare all successor plans in coordination with the
appropriate offices of the department, local communities and the NGOs. It
shall be reviewed and approved by the Management Board and certified by
the Secretary of the Department. Such certification shall be mandatory to
ensure that the plan conforms to all laws and the applicable rules and
regulations issued by the Department: Provided, however, ‘That the Secretary
may revise and modify the protection and conservation plan, after consultation
withManagement Board, prior to certification to ensure conformity with
applicable laws, rules and regulations.

‘Two (2) years before the expiration of the period of applicability of the
plan in effect, the PASu shall cause publication of notices for comments and
suggestions on the next successor plan in @ newspaper of Jocal circulation and


the posting of such notices in the provincial, municipal and barangay halls
and in three (3) 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 finalized plan shall be made available for public
perusal at the office of the PASu upon the approval of the PAMB.

The zoning of the PA shall give primary consideration to the
traditional zones used and recognized by indigenous cultural communities
and, whenever 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 the protection of the natural
characteristics of the PA,

The plan shall be in a language understandable in the area, plainly
written and available for perusal to the general public at the PASu office.

Section 6. Management of the Mt. Calavite Wildlife Sanctuary. —
Pursuant to Section 11 of Republic Act No. 7586 or the NIPAS Act of 1992,
there shall be a Management Boatd which shall have jurisdiction, power and
authority over the MCWS for all matters that may affect biodiversity
conservation, protection and sustainable development. It shall be composed of:

(1) The Regional Executive Director, DENR Region 4B as Chairperson;
(2) The Provincial Planning and Development Officer/ Coordinator;

(3) The Mayor of the Municipality of Paluan or his duly designated
representative;

(4) One (1) representative chosen from among the Bafangays covering the
MCWS such as Brgys. Harrizon, Alipaoy, and Bagong Bayan in the
municipality of Paluan;

(5) One (1) representative from each department or national government
agency directly involved in the MCWS or with long term projects or
permanent facility located therein;

(©) At least three (3) representatives from accredited NGOs operating within
Paluan chosen from amoiig themselves in a meeting duly called for the
purpose; and

(7) At least two (2) representatives from accredited POs operating within
Paluan chosen from among themselves in a meeting duly called for the
purpose.


Each member of the MCWS shall serve for a term of five (8) years and
shall be considered to represent his or her sector and deemed to carry the vote
of such sector in all matters. In the case of members who are government
officials, the term of office shall be attached to the office held.

The members of the Management Board shall be: appointed by the
Secretary of the DENR in conformity with the provisions of the NIPAS Act. As
a transitory provision, the initial members of the Management Board shall be
nominated from the current members of the interim Management Board:
Provided, That at least one-third (1/3) of the members thereof shall be women,

In the selection of the representatives of POs and NGOs, preference shall
be accorded to those organizations that are involved in the conservation,
protection and development of the MCWS

Representation shall be by institution and shall aim to achieve balance in
representation by geographic location or areas.

‘The representatives from the local government units (LGUs) and
national agencies in the Management Board shall include among, their duties,
the duty to inform their respective constituents, office or sector, of Management
Board-approved or other relevant policies, rules, regulations, programs and
projects and ensure that the provisions of this Act. the NIPAS Act and its
implementing, rules and regulations are observed, complied with and used as
reference and framework in their respectiveplans, policies, programs and
projects. Failure to comply with the foregoing shall subject such representative
to disciplinary action as the Management Board may provide.

The members of the Board shall not receive any salary but shall be
entitled toreimbursements for actual and necessary expenses incurred, either in
their attendance in meeting of the Board or in connection with other official
business authorized by a resolutioii of the Board, subject to existing rules and
regulations,

Section 7. Powers anid Functions of the Management Board. — The
Management Board shall have the following powers and functions in addition
to those provided under the NIPAS Act of 1992 and its Invplementing, Rules
and Regulations:

(a) Issue rules and regulations to prohibit acts that may be prejudicial to
the MCWS and to the declaration of policy set forth under the NIPAS.
Act; :

(b) Issue rules and regulations for the resolution of conflicts through

appropriate and effective means;

10


(c) Issue rules and regulations for the discipline and removal of its officers
and members;

(d) Adopt rules and procedures in the conduct of business, including the
creation of committees to which its powers may be delegated;

(©) Approve the managenient plan’ and oversee the office of the Protected
Area Superintendent (PASu);

(Establish criteria and set fees for the issuance of permits for activities
regulated by this Act or the management plan;

(g) Recommend the deputization of appropriate individuals for the
enforcement of the laws, rules and regulations governing, the conduct
or management of the MCWS;

(h) Approve fees and charges in accordance with existing
guiclelines/ policies and raise funds for the MCWS;

() Report to the DENR, on a quarterly basis, the status of the
implementationof this Act, with emphasis on the disbursement of funds
appropriated for the execution of the various policies and programs
hereunder, and on the status of cases for the prosecution of violations of
this Act;

() Formulate programs for the promotion, training and information
dissemination pertaining to“the Mt. Calavite and its significance as a
vital natural resource of the country;

(k) Manage the allocation of the MCWS and other funds for the MCWS,
ensure their proper administration, and render accounting; and

() Recommend appropriate policy changes to the DENR and other
government authorities.

The DENR, through the Regional Executive Director (RED), shall ensure

that the Management Board acts within the scope of its powers and functions.
In case of a conflict between administrative orders issued by the DENR
pursuant to the NIPAS Act and the rules issued by Management Board, the
Secretary of the DENK shall decide whether to apply the rule or withdraw its
application. :

Section 8. Incentives of Management Board Members. —

Tn addition to actual and necessary fraveling and. subsistence expenses
incurred in the performance of their duties, Management Board members may
be granted allowances and insurance coverage in attending Board meetings.
These expenses may be included in the budget for the MCWS.

uw


Section 9. Protected Area ‘Superintendent (PASu) Office. — There is
hereby established a PASu Office in charge of the implementation of the
projects, programs and policies for the management, protection and
administration of the MCWS. It will be headed by a Protected Area
Superintendent (PASu) and shall be supported by the existing personnel of
the DENR. The PASu shall be the Chief Operating Officer of the MCWS and
shall be accountable to the RED of the DENR and the Management Board. The
PASu shall have the following duties and responsibilities in addition to those
provided under existing laws and regulations;

(a) Establish, operate and maintain a database management system as
decision support tool;

(b) Prepare and execute the management plan for the MCV

(©) Provide a secretariat for the MCWS and supply the Management Board
with all the information necessary to make appropriate decisions for the
implementation of this Act;

(a) Enforce the laws, rules and regulations relevant to the MCWS and assist
in the prosecution of offenses;

(e) Supervise all activities within the MCWS to ensure its conformity with
the management plan;

(A) Ensure the integration of the MCWS management policies, regulations,
programs and projects at all the concerned national and local
government unit levels;

(g) Implement the promotion, training and information campaign
programs as formulated by the Management Board;

(h) Report to the Management Board, on a quarterly basis, the status of the
implementation of the various programs under this Act, such as, but
not limited to, the database management system, the management plan
of the MCWS, and the enforcement of the laws, rules and regulations
relevant to the MCWS and the prosecution of the violations thereof;

(i) Recommend to the DENR ‘the issuance of permits based on terms,
conditions and criteria established by the Management Board; and

(j) Perform other functions as the Management Board may delegate,

The PASu shall be supported by a sufficient number of personnel who
shall be performing day to day management, protection and administration of
the MCWS. All position titles and items of the DENR employees detailed with
the MCWS at the time of the effectivity of this Act shall be transferred to form
part of the PASu Office.

2


Section 10. Ancestral Lands and Domains. — For purposes of this
Act, the following shall govern ancestral lands and domains in the protected
area:

(a) The rights of the indigenous peoples to the ancestral domains are
hereby fully recognized. Traditional property regimes exercised by the
indigenous cultural communities in accordance with their customary
laws shall govern the relationships of all individuals within their
communities with respect to all land and resources found within
ancestral lands.

(b) An indigenous cultural commimity, through its representatives as
provided in Section 4 herein may apply for Certificates of Ancestral
Domain Title (CADT) as herein defined to be recorded in the same
manner as Certificates of Title under the Property Registration Decree,
Each CADT would contain documentation, if any, of the customary
rights pertaining to the indigenous cultural community involved. The
Department shall make rules and regulations for the proper
implementation of this section, which shall specify the kinds of
evidence admissible to prove title, the process of documentation of the
written and oral traditions for inclusion in the CADT and the
recognition of customary leadership within the tribe: Provided, That
such rules shall not, in any way, impair, diminish or effect a
deprivation of the vested and customary rights of the community and
its members: Provided, further, That the non-documentation of these
rights do not preclude their exercise under the law: Provided, finally,
‘That there shall be no prescription for the exercise of these rights. For
purposes of determining the existence of these rights in order to
resolve conflicts, recourse to customs shall be given preference, with
due consideration to the dynamism of culture. => .

(©) Presumptions — The following presumptions shall govern, unless
proven to be contrary to documented or oral custom by clear and
convincing evidence in the proper administrative or judicial
proceeding providing due hearing to all parties concerned:

cl All lands presently occupied by indigenous cultural communities
since time immemorial shall be presumed to be ancestral lands,

2 Rights and obligations within ancestral lands’ are presumed to be
governed by customary law.

3 Rights and obligations within ancestral lands governed by

customary law are presumed to be held collectively by the
community.

13


cA 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,

5 The continued practice of traditional and sustinable living shalll be
sufficient consideration for the State in place for the payment of
taxes on ancestral domains. Real property taxes, however, shall
accrue when there is a determination by the PAMB upon a petition
by an interested party that the properties are commercially used
and not in conformity with traditional and sustainable natural
resource management practices.

Owing to differences in cultural and social worldview, the provisions
of the Act shall be construed liberally in favor of indigenous cultural
communities and their members.

Section 11. Tenured Migrants and Transient Varmers. — Tenured
migrants are those members of households that have actually and
continuously occupied the Mt. Calavite Wildlife Sanctuary since July 1, 1987
and are substantially dependent on the PA for their livelihood. For the
purposes of official documentation of rights and extent of occupation within
the PA, the tenured migrant houschold shall be issued a tenure instrument
over such areas as have been occupied or cultivated since July 1, 1987.
Tenured migrants may occupy and use the area specified in the instrament
for a term of twenty-five (25) years renewable for another twenty-five (25)
years. The holder of the instrument upon the lapse of this period may
negotiate for a new instrument and his/her occupancy shall be evaluated by
the PAMB for purposes of such renewal.

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, provision for their transfer to multiple use zones or
buffer zones shall be accomplished using humanitarian considerations.

Persons who have been cultivating land within the PA since July 1,
1987 are considered to be occupying such lands and shall be entitled to a
tenure instrument restrictive to cultivation: Provided, that the rights under
such 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 by
voluntary surrender of rights. Upon cancellation of a tenured migrant
instrument, the PASu shall take immediate steps to rehabilitate the area in
order to return it to its natural state prior to the cultivation or other act by the
transient or tenured migrant.

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Tenured migrant instruments are transferable only to direct
descendants but are not visible to numerous heirs.

Section 12. Special Prosecutors and Counsels, — Within thirty (30) days
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a
special prosecutor to whom all cases of violation of laws, rules and regulations
in the MCWS shall be assigned. Such special prosecutor shall coordinate with
the Management Board and the PASu in the performance of his/her duties and
assist in the training of wardens and rangers in arrest and other criminal
procedures. The Management Board may retain the services of a counsel to
prosecute and/or assist in the prosecution of cases under the direct control and
supervision of the regular or special prosecutor and to defend the members of
the Management Board, the PASu and thestaff, or any person assisting in the
protection, conservation and sustainable development ‘of the MCWS, against
any legal action related to their powers, functions and responsibilities as
provided in this Act or as delegated or tasked by the Management Board.

Section 13. Prohibited Acts. — The following shall be the
prohibitions and penalties applicable to the PA:

(a) The penalties in Articles 309 and 310 of the Revised Penal Code
depending on the value of the resources taken, damaged or destroyed
shall be imposed upon any person who perfortis any of the following
acts:

a.1 Hunting, destroying, trapping, disturbing or possessing anywhere
within Mt. Calavite Wildlife Sanctuary any wild plants or animals
or products derived therefrom without a permit from the PAMB:
Provided, That such permits shall only be given for scientific
purposes necessary for protected area management;

a.2 Cutting, gathering, collecting or removing timber or forest products
without permit; Provided, That such permits shall only be given for
scientific purposes necessary for protected area management;

a.3 Possessing outside the PA any wild plants or animals or products
derived therefrom which came from the PA;

a4 Mineral exploration or extraction, drilling or prospecting for
minerals within the Mt. Calavite Wildlife Sanctuary;

a.5 Construction or maintaining any kind of road, structure, fence or
enclosure without permil from the PAMB: Provided, That

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structures within ancestral domains used by tndigenous cultural
communities need not be under a permit from the PAMB; and

a.6 Altering, mutilating, excavating, removing, destroying or defacing
boundaries, marks or signs, natural formations, burial grounds,
religious sites, artifacts, objects belonging to indigenous cultural
communities and other object of natural and scenic value or affixing
marks or signs on trees.

Valuation of the damage ‘shall take into account biodiversity and
conservation considerations as well as aesthetic and scenic value, Commission
of these acts likewise carries the penalty of eviction from the PA and the
forfeiture of all transportation, structures and building materials, equipment,
devices, weapons used for the commission of the offense as well as the PA
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 disposition thereof while the rest shall accrue
to the PAMB.

(b) A fine of not less than One hundred thousand pesos (P100,000.00) nor
more than Five hundred thousand pesos (P500,000.00) and/or
imprisonment of not less than one (1) year and not more than five (5)
years shall be imposed upon:

b.1 Any person found guilty of grazing, causing livestock to be grazed
or raising poultry within the PA without perniit from the PAMB;
and

b.2 Any public officer or officer of the law, who, in dereliction of the
duties of his/her office, shall maliciously refrain from instituting
prosecution for the punishment of violators of the law, or shall
tolerate the commission of offenses. Conviction of this offense shall
also carry the penalty of perpetual disqualification from public
office.

Any person who shall induce another or conspire 6 commit any of the
acts in this section or suffer his/her workers to commit any of such acts shall
be liable in the same manner as the one actually performing the act.

All activities contained in the management plans and such other
measures as are necessary for protection, preservation and protected area
management as certified by the PAMB and the Secretary and undertaken by
the PASu or those deputized by the PAMB shall not be covered by the above.
The certified customs and traditional’ practices of the indigenous cultural

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communities are also allowable activities over which the above prohibitions
shall not apply. Toes

(©) A fine of not less than One thousand pesos (P1,000.00) but not more
than One hundred thousand pesos (P100,000.00) and/or imprisonment
of not less than one (1) year nor more than five (5) years and the
restoration and rehabilitation of the damage shall be imposed upon
any person who commits any of the following acts:

cl Violating any rule or regulation in the management plan of the
PAMB or agreements reached before the PAMB in its exercise of
adjudicative functions;

¢.2. Dumping, burning or disposition of any waste products, vegetation
or materials within the PA to the detriment of inhabitants, plants
or animals therein;

¢.3 Use of motorized equipment without a permit except the use of
motorized vehicle in areas where the national highway, provincial
road or other public thoroughfare traversing the park: Provided,
That such thoroughfares. were legally constructed;

c4 Occupation of any portion of land inside the protected area
without a permit from the PAMB: Provided, That occupation shall
be of such a nature as to last more than ten (10) days in a particular
portion of the PA; and

c.5 Entry into the PA without a permit from the PAMB,

Section 14, Poaching by Foreigners. — It shall be unlawful for any
foreign person, corporation or entity to fish or operate any fishing vessel in the
ARNP. The entry of any foreign fishing, vessel in the ARNP shall constitute
prima facie evidence that the vessel is engaged in fishing in the area. ‘The
presence of any foreign national in a fishing vessel of either Philippine or
foreign registry in ARNP shall be prima facie evidence that the vessel is
engaged in fishing in the Park.

Violation of the above shall be punished by imprisonment of six (6)
years and one (1) day to twelve years (12) years and a fine of One hundred
thousand US dollars (US$100,000.00), in addition to the forfeiture of its
poached animals and other forest products, and equipment: Provided, That in
case of non-payment of fine, subsidiary imprisonment shall be imposed:
Provided, further, That the Management Board is empowered to impose an
administrative fine of not less than Fifty thousand US dollars (US$50,000.00),
but not more than Two hundred thousand US dollars (US$200,000.00) or its

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equivalent in Philippine currency, in addition to the confiscation and forfeiture
poached animals and other forest products, and equipment: Provided, finally,
That a bond may be posted for the vessels which shall not be less than
One hundred thousand US dollars(US$100,000.00).

A hold departure order shall be issued as a condition for the grant of
bail to any foreign offender. All passports and documents which may be used
by the accused to flee the country must be surrendered to the court.

Section 15. Violation of Environmental lmpact Assessment System. —
The Management Board shall prosecute violations of laws and rules on
Environmental Impact Assessment System, Such violations shall be punished
by imprisonment of three (3) years to five (5) years; fine of One hundred
thousand pesos (P100,000.00) for every day each violation subsists;
rehabilitation of the affected area or the amountequivalent thereto; and
forfeiture of the vessels, structures, effects, materials and equipment used, and
the products of such violation, If the offender is a corporation, the directors and
officers shall suffer the imprisonment. The Management Board shall also
impose administrative fine of One hundred thousand pesos (P100,000.00) for
every day each violation subsists; rehabilitation of the affected area or the
amount equivalent thereto; and confiscation and forfeiture of the vessels,
structures, effects, materials and equipment used, arid the products of such
violation.

Section 16. Violation of Standards, — The owner, operator and top
three (3) officers of any business entity and or organization violating, the
standards set by the Management Board, such as, but not limited to, safety and
sanitation standards, shall suffer administrative penalty of fine ranging, from
Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00) for
every day each violation subsists, and from suspension of three 3) months — to
cancellation of permit to operate in MWCS.

Section 17. Contracts Over Lands within the PA. — The purchase, sale
encumbrance, mortgage, usufruct or lease of lands within the PA to persons
outside the PA not otherwise qualified to hold lands therein shall be invalid
unless verified and validated by the PAMB: Provided, that verification and
validation by the PAMB shall depend on the subsisting rights to enter into
such contract due to vested rights, customary practices or individual
ownership prior to the establishment of the area as protected area.

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Section 18. Local Government Units. — Local government units
(LGUs) shall participate in the management of the Mt. Calavite Wildlife
Sanctuary through representation in the PAMB as provided under Sec. 7A.
‘The LGU retains its ordinance-making powers over the territory covered
under this Act but with due consideration to the 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.

Section 19. Integrated Protected Area Funds. — The following, shall
constitute part of the Integrated Protected Area Funds (IPAF) and shall be
subject to the rules on IPAF from the moment they accrue:

(1) Proceeds from special land use and resource utilization and real
property taxes from commercially used ancestral domains, as may
be set by the PAMB;

(2) Fees exacted from permitted collection of wild flora and fauna
and other sources within the PA as may be set by the Department
and by the PAMB;

(3) Fees from industries and facilities directly benefiting from the PA;

(4) Fines and fees, including PA entry and visitor's fees, as may be
imposed and collected from the operation of the PA and set by the
PAMB; and

(5) Contributions, donations, endowments and grants from any legal
source intended for the operation of the PA.

The local government units shall continue to imposed and collect all
other fees not enumerated herein which it has traditionally collected such as
business permits, property taxes and rentals of local government unit
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 unil in the maintenance
and protection of the PA.

Section 20. Existing Facilities within the PA. — Within thirty (30) days
from the effectivity of this Act, all commercial facilities existing within the
boundaries of the PA with the total capitalization exceeding One hundred
thousand pesos (P100,000.00) shall submit to the PAMB through the PASu the
initial environmental examination and the environment compliance
certificate, the waste cycle, fuel requirements and transportation of fuel within

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the PA, personnel and expected personnel traffic within the park, project life
cycle, and exit or repair plans for degraded structure, studies on the effects of
operation on wildlife, the development plans and mitigating measures against
adverse environmental impact and such other relevant information as may
affect protected area management.

Based on its submission, the PAMB with the help of the DENR, shall
determine whether the existence of such facility and its future plan and
operation will be detrimental to the PA. Failure to sabmit the required
information shall constitute a violation of this Act. The PAMB may prescribe
conditions for the operation of the facility to ensure that it does not contradict
protected area management objectives. If any of such conditions are violated,
a fine of Five thousand pesos (P5,000.00) for every day of violation shall be
imposed and the operation of the facility shall be ordered to cease. Upon
reaching a total fine of Five hundred thousand pesos (P500,000.00), the
PAMB, through the PASu and deputizing, other government entities, shall
cause the demolition of the facility ‘at the cost of its owners.

Existing facilities allowed to remain within the PA may be charged a
reasonable fee by the PAMB which shall be embodied in a Memorandum of
Agreement to be entered into by the PAMB and the owner of the facility, All
incomes derived from such fees shall accrue to the IPAF

Section 21. Utilization of Non-renewable Resources. — Any
exploration for, exploitation or utilization of non-renewable resources within
the PA shall not be allowed. Energy projects, whether renewable or otherwise,
shall be permitted only through an act of Congress: Provided, That
exploitation or exploration or renewable energy up to three (3) megawatts
capacity shall be exempt from such requirement.

Section 22. Appropriation. — The amount necessary to carry out the
Provisions of this Act shall be incluced. in, the General Appropriations Act in
the year following its enactment into law.

Section 23. Construction in Favor of Tenure Migrants. — The
provisions of this Act shall be construed liberally in favor of achieving
biodiversity conservation, protection and sustainable development Provisions
of Republic Act No. 7586, otherwise known as the National Integrated
Protected Areas Management Act of 1992 and existing forestry laws, and their
corresponding rules and regulations not inconsistent hereto shall have the
suppletory effect in the implementation of this Act. .

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Section 24. Repealing Clause. — All laws, rules and regulations
inconsistent herewith are modified accordingly. The prohibitions and
penalties under Republic Act No. 7586 are hereby superseded for the entire
area covered by this Act.

Section 25. Separability Clause. — If any part or section of this Act is
declared by the court as unconstitutional, such declaration shall not affect the
other parts or sections hereof.

Section 26. Transitory Provision. — All persons who do not qualify as
tenured migrants, transient farmers or who have no ancestral domains within
the PA shall be allowed to harvest fruits or crops planted before the effectivity
of this Act, Thereafter, all planted crops of such unqualified persons shall be
confiscated and proceeds thereof shall accrued to the IPA

Section 27. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in a national
newspaper of general circulation available in the MCWS. It shall likewise be
posted for the same time in a conspicuous place in the provincial, municipal
and barangay halls within the area as well as in three (3) other places
frequented by the public.

Approved,

2a