Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. __ 2900

Introduced by
REP, LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

This bill seeks to conserve and protect the unique biodiversity resources of
Mt, Mayapay, a prominent natural landmark in the Caraga Region. It is a magnificent
mountain located east of Butuan City, considered the range’s highest peak with an
elevation of 2,214 feet above sea level, with a plateau formation that is the
predominant feature of the city’s backdrop. The mountain provides a panoramic
view of the City of Butuan, and the surrounding areas of the Provinces of Agusan del
Norte and Agusan del Sur, the City of Gingoog, the Butuan Bay, the Mindanao Sea,
the Camiguin Island, the coastlines of the Provinces of Surigao del Norte and Bohol.

Mt. Mayapay, along with its peripheral areas, was a vital watershed in the
environs of Butuan City and the Municipality of Buenavista, Agusan del Norte until it
was abused by loggers and poachers. At present, the ecosystem of Mt Mayapay has
been invaded, assaulted and is now highly endangered, threatening to extinction
whatever few remaining endemic flora and fauna thriving in the area. Moreover,
experts have expressed alarm that if nothing is done to arrest its continuous
degradation, landslides that may claim thousands of lives are not remote given the
fact that the mountain lies along the fault line.

The people of City of Butuan and the Province of Agusan del Norte have
come together and strongly voiced their concerns on the sad state of Mt. Mayapay
and the real threat of a forthcoming destruction of lives and properties should its
devastation continue. Various sectors have taken initiatives calling for the
protection and conservation of this glorious mountain, However, activities
contributing to its further deterioration have continued due to the lack of a law that
ensures its protection, rehabilitation and conservation,

In view of the foregoing, the immediate approval of thjé bill is earnestly

sought.


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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2300

Introduced by REP. LAWRENCE LEMUEL H. FORTUN

AN ACT
ESTABLISHING THE MT. MAYAPAY NATURAL PARK (MMNP) SITUATED IN
THE CITY OF BUTUAN AND THE MUNICIPALITY OF BUENAVISTA, AGUSAN
DEL NORTE, AS A PROTECTED AREA, PROVIDING FOR ITS MANAGEMENT
PURSUANT TO LAW, AND FOR OTHER PURPOSES

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

POLICIES AND OBJECTIVES
SECTION 1. Title. This act shall be known as the Mt. Mayapay Natural Park Act of
2013.
SECTION 2. Declaration of Policy. In recognition of the richness of the biological
resources, both flora and fauna, found in and unique to Mt. Mayapay, as well as the
mountain’s aesthetic and ecological importance, it is hereby declared the policy of
the State to ensure the conservation, protection and management of Mt. Mayapay,
its environment, the communities therein, their culture and way of life, in accord
with the rhythm and harmony of nature.

The conservation and protection of biological and physical diversities to
sustain human, plant and animal life in Mt. Mayapay shall be pursued through
sustainable and participatory management among the national government, through
the Department Environment and Natural Resources (DENR), the local government
units (LGUs), nongovernmental organizations (NGOs), people’s organizations (POs),
indigenous peoples (IPs) and other stakeholders in the area.

SECTION 3. Declaration as Protected Area. — In accordance with Republic Act


16
7
18
19

20

No. 7586 or the National Integrated Protected Areas System Act of 1992 (NIPAS
Act), Mt. Mayapay is hereby declared a protected area under the category of a
natural park and shall be known as the “Mt, Mayapay Natural Park”.

SECTION 4. Scope and Coverage. Subject to the provisions of the Presidential
Proclamation issued by President Manuel L. Quezon declaring a Military Reservation
Consisting of TWO THOUSAND ONE HUNDRED THIRTY-NINE (2,139)
HECTARES, more or less in the area, the Mt. Mayapay Natural Park Protected Area
shall cover parcels of land located in the City of Butuan and the Municipality of
Buenavista in the Province of Agusan del Norte, which contains an aggregate area of
FIFTEEN THOUSAND FIVE HUNDRED TWENTY-EIGHT (15,528) hectares and
‘a core protected zone area of EIGHT THOUSAND FOUR HUNDRED FIFTY SIX

(8,456) HECTARES, more or less,

Beginning at a point marked "1" on the map, which Is located in the Province

of Agusan Del Norte at 08° 48" 16,27” N, 126° 34’ 14.93" €, thust

thence N 81 ° 41.96 ' W , 2,829.99 m topoint 2 j
thence N 32 ° 4242 ' W , 157.52 m_ topoint 3° j
thence N 83 ° 7.33 | W , 711.21 m topoint 4 ;
thence N 87 ° 49.75 ' W , 636.88 m topoint 5 ;
thence N 34 ° 4.96 ' W , 269.45 m topoint 6 j
thence N 58 ° 55.99 ' W , 363.89 m topoint 7 j
thence $ 46 ° 44.20 ' W , 216.30 m topoint 8 j
thence S$ 56 ° 12.71 1 W , 30353 m topoint 9 j
thence N 59 ° 29.27 ' W , 126.49 m topoint 10
thence S 50 ° 11.04 ' W , 177.71 m_ topoint 11 ;
thence N 53 ° 0.75 ' W , 284.92 m topoint 12 ;
thence N 46 ° 25.25 ' W , 128.31 m_ topoint 13 ;
thence N 82 ° 13.98 ' W , 18492 m topoint 14 j
thence S 37 ° 38.39 ' W , 422,96 m topoint 15 ;
thence S 72 ° 3098 ' W , 32442 m topoint 16 ;
thence S 35 ° 4.84 | W , 84.23  m topoint 17 j;
thence N 72 ° 17.47 | W , 3,478.82 m topoint 18 ;
thence N 59 ° 9.19 ' W , 1,338.67 m topoint 19 ;
thence N 67 ° 26.04 ' W , 2,136.46 m_ topoint 20 ;
thence S 61 ° 28.07 ' W , 2,763.81 m topoint 21 j
thence S 84 ° 7.44 ' W , 3,004.67 m topoint 22 ;
thence N 39 ° 3393 ' W , 2,971.66 m topoint 23° j
thence N 29 ° 155 ) W , 119.59 m_ topoint 24 ;
thence N 37 ° 4165 1 E , 177.89 m_ topoint 25 ;
thence N 26 ° 33.90 ' W , 128,76 m topoint 26 ;
thence S 61 ° 15.60 ' W , 226.21 m topoint 27 ;
thence S 76 ° 42.08 ' W , 36160 m topoint 28 ;
thence N 14 ° 4111 ' E , 959.08 m topoint 29 j
thence S 85 ° 30.91 | E , 32731 m topoint 30 ;
thence S 7 ° S661 ' £ , 277.79 m topoint 31 ;
thence N 83 ° 0.09 ' E , 572.66 m topoint 32 j
thence $ 83 ° 5433 ' E , 2,235.93 m topoint 33;
thence N 3 ° 49.80 ' E , 480.72 m topoint 34 ;
thence N 53 ° 2664 ' E , 473.97 m_ topoint 35 j


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227,72
334,48
345,16
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213.63
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204.98
230.88
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319,35
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34.55
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1.52
51.81
48.41
15.47
33.15
11,03
4.05
40.18
51.14
49.04
37.57
47.98
24,93
31.79
27.05
49,57
18.82
13.29
2.93
11.58
37.94
38,98
37.65
39.01
37.85
37.84
37,61
51.08
3.59
4.54
3.37
3.18
4.45
51,72
16.27
40.22
18.11
24.72
38.15
59.53
14,89
16.81
3.88
11.67
50.40
24.75
15.68
54.53
13.05
52.32
25.52
55.39
14.20
58.60
31.59
47.27
44.01
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24.66
14.72
28.60
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305.85
309,50
373.64
468,70
188.74
261.46
141,31
244,33
137,99
245,79
238,75
194,60
158,75
291.04
231.60
238.40
230.98
326.11
363.03
238,06
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252.65
296.00
249,00
243.49
262.43
257.36
250.98
250.10
241.59
274.18
258.88
249.97
248.76
270.44
136.36
132.80
214.88
190,81
112.69
88,99
96.92
102,95
128.40
192,94
194,36
116,57
167.47
135,16
288,49
210.17
150,13
139,39
163.43
159,37
167.49
159,67
247,98
98.29
114.76
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149.64
122.71
104.82
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thence N 37 ° 10,78 ' E , 158.87 m_ topoint 243 ;
thence N 37 ° 4848 ' E , 175.15 m topoint 244 ;
thence N 9 ° 3914 ' E | 186.88 m topoint 245 ;
thence N 2 ° 2351 ' E , 172.49 m_ topoint 246 j
thence N 7 ° 51.18 ' E , 17431 m_ topoint 247 ;
thence N 36 ° 29.44 ' E , 130.03 m topoint 248 ;
thence N 81 ° 14.86 ' E , 187.90 m topoint 249 ;
thence N 42 ° 57.67 ' E , 95.56 m topoint 250 ;
thence S 86 ° 6.46 ' E , 75.61 m topoint 251 ;
thence S 54 ° 3611 ' E , 443.55 m_ topoint 252 ;
thence S 69 ° 15.36 ' E , 25536 m topoint 253 ;
thence S 54 ° 3443 ' E , 20442 m_ topoint 254 ;
thence N 62 ° 151 ' E , 201,92 m_ topoint 255 ;
thence S 84 ° 29.10 ' E , 19254 m topoint 256 ;
thence N 87 ° 43.84 ' E , 21937 m_ topoint 257 ;
thence N 11 ° 072 ' W , 182,73 m_ topoint 258 ;
thence N 2 ° 12.09 ' W , 243,79 m topoint 259 ;
thence S$ 85 ° 3190 ' E , 20381 m topoint 260 ;
thence N 0 ° 29.81 ' W , 29733 m_ topoint 261 ;
thence N 3 ° 20.90 ' E , 8439 m topoint 262 ;
thence N 78 ° 33.68 ' € , 189.41 m topoint 263 ;
thence N 2 ° 37.87 ' W , 177.41 m_ topoint 264 ;
thence N 2 ° 47.39 ! E , 212.23 m topoint 265 ;
thence N 76 ° 57.24 ' € , 468.25 m_ topoint 266 ;
thence N 48 ° 1.35 ' E , 310.93  m topoint 267 ;
thence S 86 ° 55.40 ' E , 1,565.03 m topoint 268 ;
thence S 58 ° 25.84 ' E , 605.36 m topoint 269 ;
thence $ 59 ° 47.59 ! € , 55474 m_ topoint 270 ;
thence S 15 ° 16.14 ' E , 1,897.53 m topoint 271 ;
thence S 66 ° 5832 ' W , 613.94 m_ topoint 272 ;
thence S 6 ° 399 | E , 213.84 m topoint 273 ;
thence S 36 ° 23.47 | E , 225.68 m topoint 274 ;
thence S 9 ° 3204 | E , 230.78 m topoint 275 ;
thence S 14 ° 56.94 ' E , 226.03 m topoint 276 ;
thence S 1 ° 4010 ' E , 212,96 m_ topoint 277 ;
thence S 6 ° 33.68 ' W , 260.86 m topoint 278 ;
thence S 37 ° 9,73 ' E , 26868 m_ topoint 279 ;
thence S 14 ° 31.29 ' W , 280.11 m_ topoint 280 ;
thence N 89 ° 2190 ' E£ , 264.08 m topoint 281 j
thence S 0 ° 5837 ' £ , 250.99 m_ topoint 282 ;
thence S 4 ° 33.89 ' W , 367.99 m topoint 283 ;
thence S 36 ° 13.94 ' W , 394.49 m topoint 284 ;
thence S 0 ° 478 ' E , 240,80 m topoint 285 ;
thence S 38 ° 56.18 ' W , 184.98 m__ to point of beginning

Any modification of the coverage of this Act due to such factors as changing
ecological situations or new scientific or archeological findings not previously taken
into account shall be made through an Act of Congress, after consultation with the

affected public and concerned government agencies.

SECTION 5. Establishment of Buffer Zones. - Buffer zones are hereby
established along and adjacent to the peripheral boundaries to serve as protective
layer to the area and its resources. The buffer zones shall also serve as a social

fence against the entry of intruders that bring destruction or conduct activities


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detrimental to the park. Prescriptions for the management of buffer zones shall be
included as components of the protected area management plan, The Department
of Environment and Natural Resources shall exercise the same authority over buffer
zones in the same manner as protected areas: Provided, however, that there shall
be consultation with the affected communities.

The buffer zones shall be established by the DENR, in consultation with the
affected communities after conducting a thorough study on their implications to the
development of the park and the surrounding communities.

SECTION 6. Definition of Terms. The following terms are hereby defined for
the purposes of this Act:

a. Biodiversity - shall refer to the variety and variability among living things,

and the interconnectedness of all life forms in a particular environment;

b. Buffer zones ~ shall refer to areas that are outside the boundaries of and
are immediately adjacent to designated protected areas, pursuant to
Section 5 hereof, that need special development control in order to avoid
or minimize encroachment and harm to the protected area;

c. Conservation - shall refer to any act or acts of preservation and
sustainable utilization of wildlife and/or maintenance, restoration and
enhancement of the habitat.

d. DENR - shall refer to the Department of Environment and Natural
Resources, a national government agency created under Executive Order
192 with jurisdiction over forestlands and protected areas,

e. Indigenous Cultural Communities/Indigenous Peoples — shall refer to a
group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community
on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language, customs,

traditions and other distinctive cultural traits, or who have, through


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resistance to political, social and cultural inroads of colonization, non-
indigenous religions and cultures, became historically differentiated from
the majority of Filipinos. ICCs/IPs shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations
which inhabited the country, at the time of conquest or colonization, or at
the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their
own social, economic, cultural and political institutions, but who may have
been displaced from their traditional domains or who may have resettled
outside their ancestral domains;

Natural Park - shall refer to a relatively large area not materially altered by
human activity where extractive resource uses are regulated and
maintained to protect outstanding natural and scenic areas of national or

international significance for scientific, educational and recreational use.

. Non-renewable resources ~ shall refer to those resources found within the

protected area, the natural replenishment rate of which is either not

known or takes more than twenty-five years;

. NIPAS Act - shall refer to Republic Act No. 7586, entitled “An Act Providing

for the Establishment and Management of National Integrated Protected
Areas System, Defining its Scope and Coverage, and for Other Purposes”,
which mandates the classification and administration of all designated
protected areas in order to maintain ecological processes and life support
systems, to preserve genetic diversity, to ensure sustainable use of
resources found within the protected areas and to maintain their natural
conditions to the greatest extent possible.

NGO - shall refer to any nongovernmental organization or any civic,
developmental, environmental or philanthropic non-stock, non-profit

organization.


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j._PAMB - shall refer to the Protected Area Management Board, a governing
body created for each protected area pursuant to the NIPAS Act, and
tasked to oversee all activities inside the protected area and its buffer
zone.

k. PASu - shall refer to the Protected Area Superintendent, the chief
operating officer of the DENR who is directly responsible to the PAMB and
the concerned DENR Regional Executive Director.

|, PO - shall refer to any locally based people’s organization or to any group
of people formed to advance the interests of the sector they represent.

m, Protected Area - shall refer to any identified portion of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against destructive
human exploitation,

n, Secretary - shall refer to the Secretary of the DENR.

©. Tenured Migrant - shall refer to any person who has actually and
continuously occupied an area for five (5) years prior to its designation as
part of a protected area and is primarily dependent on that area for
subsistence,

CHAPTER II
PROTECTED AREA MANAGEMENT
SECTION 7. Management Plan. A Management Plan shall be prepared within one
(1) year from the effectivity of this Act. The Management Plan shall be in
accordance with the General Management Planning Strategy as provided in the
NIPAS Act and prepared by the Office of the Protected Area Superintendent in
coordination with the local communities, local government units (LGUs), appropriate
offices of the DENR, non-government organizations (NGOs) and people's
organizations (POs), and experts with socio-economic, anthropological and

ecological experience in the area.


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The Management Plan shall contain, among others, the following:

a. Period of applicability of the plan preferably for at least ten (10) years;

b. Key management issues;

¢. Goals and objectives of management in support of Section 2 hereof;

d. Site management strategy;

e. Major management activities such as, but not limited to, enforcement
of laws, biodiversity conservation, habitat and wildlife management,
sustainable use management, infrastructure development and
maintenance, fire and pest control;

f. Establishment and delineation of zones and the regulated and/or
prohibited activities therein, such as, but not limited to, multi-purpose
use zones, buffer zones, recreational zone, strict protection zones and
other special zones which an provide effective management of the
protected area and promote sustainable development of all legitimate
stakeholders. To avoid relocation, primary consideration shall be
accorded to the traditional zones used which have been proven
sustainable and in consonance with the biodiversity and protection of
the natural characteristics of the protected area; and

g. Visitor management programs.

The Management Plan shall be consistent with the nature of Mt. Mayapay as
a protected area under the category of a natural park. It shall be reviewed and
approved by the Protected Area Management Board (PAMB) and certified to by the
Secretary that it conforms to all laws and regulations issued by the DENR. The
Management Plan shall not be revised or modified except by prior consultation with
the PAMB and in accordance with the procedure therein set forth. If any part or
section of the Management Plan is inconsistent with existing laws, the Secretary
may accept or adopt such inconsistent provisions, or shall notify the PAMB of the

provisions that need modification or revision.


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In no case shall the Management Plan be approved without first conducting a
proper public consultation by the PAMB,

Two years before the expiration of the initial Management Plan, there shall be
a Subsequent Plan to be prepared by the Office of the Protected Area
Superintendent (PASu) in the same manner as the procedure and principles herein
set forth and in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act. In the same period, the Office of the PASu shall cause
the publication of notices for comments and suggestions on the proposed
Subsequent Plan in a newspaper of local circulation and the actual posting of such
notices in conspicuous places within the local government units in the Mt, Mayapay
Natural Park. The proposed new Management Plan shall be made available for public
perusal in all agencies, offices and organizations duly represented in the PAMB, The
proposed plan shall also be made available for public perusal at large.

In the event that no subsequent plan is adopted upon the expiration of the
initial Management Plan, the latter shall remain in force subject to interim
modifications that may be adopted by the PAMB,

The Management Plan shall also be made available in the local language
understood by the people living in the area plainly written and obtainable at the

Office of the PASu by the general public.

SECTION 8. The Protected Area Management Board.
A. The PAMB shall be the highest policy making body of the MMNP. It shall
be composed of the following:
1. The Regional Executive Director of DENR Region XIII who shall sit as
PAMB chairperson;
2. The Provincial Governor of Agusan del Norte or his duly authorized
permanent representative;
3. The Mayor of Butuan City or his duly authorized permanent

representative;


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4, The Mayor of the Municipality of Buenavista, Agusan del Norte, or his
duly authorized permanent representative;

5. A representative from among the Barangay Captains, of the barangays
within the protected area to be chosen among themselves;

6. Two (2) members from the Academe appointed by the Secretary;

7. Arrepresentative from the IPs residing inside the MMNP or within its
buffer zones; and

8. Three (3) representatives from the NGOs and three (3) representatives
from POs involved with protected area management, chosen among

themselves.

In the selection of representatives from the POs and NGOs, the following criteria
shall be primarily considered:
a) Active involvement in the ecological conservation, preservation,
rehabilitation and protection of the protected area;
b) Great potential in community organizing and other development work;
¢) Favorable track record in community work; and
d) Duly accredited by the LGU concerned and by the DENR.
Any action, decision and policy made by the Mt. Mayapay PAMB shall be valid
and subsisting unless overturned by the DENR Secretary for either being contrary to
existing laws, rules and regulations or violative of the existing applicable

Management Plan.

B. There shall be an Executive Committee (ExeCom) within the PAMB to
whom may be delegated some of its powers and functions, including the
authority to rule on appeal the decisions of the Protected Area
Superintendent referred to in Section 19 of this Act, to be composed of
the Regional Technical Director of Protected Areas and Wildlife and

Coastal Zone Management Service as chairperson, and at least two (2)


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representatives each from the LGUs, the NGOs, and the IPs. The PAMB
shall determine the scope and extent of the authority to be delegated to

the ExeCom.

. The PAMB en banc shall hold a regular meeting at least once every three

(3) months and the ExeCom shall hold regular meetings at least once a
month. For both bodies, a quorum shall consist of a simple majority of the
members. The chairperson may call for a special meeting as deemed

necessary.

. Every Member of the PAMB shall serve for a term of five (5) years

provided that he/she remains a member or employee of the sector or
office being represented. The term of office of the NGO and the PO
representatives in the PAMB shall be coterminous with the duration and
existence of the organization’s projects in the protected area. Whenever a
seat allotted for the NGOs or POs shall be vacant, a new member shall be
chosen in the same manner as the original selection process, and shall
serve only the unexpired term.

Except for government officials who shall serve as ex officio members of
the PAMB, each member shall serve for a term of five (5) years without

compensation.

The members of the PAMB shall be entitled to reimbursement of actual
traveling and subsistence expenses incurred in attending the meetings of the PAMB
or its committees, subject to existing accounting and budgeting rules and

regulations. These expenses shall be included in the annual budgetary allocation

SECTION 9. Powers and Functions. The PAMB of Mt. Mayapay Natural Park shall

have the following powers and functions:

a. Review, approve and adopt the management plans and development

programs and their respective implementing rules and regulations;


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Decide and approve matters relating to proposals, work and action

plans, guidelines and polices and other activities for the management

of the protected area;

¢, Recommend and approve the establishment and delineation of zones;

d. Establish supplemental criteria and guidelines for park fees for
activities regulated by this Act or the management plan subject to the
approval of DENR pursuant to Section 10(f) of the NIPAS Act;

e. Ensure effective implementation of development activities within the
protected area;

f, Adopt rules and procedures In the conduct of business, roles, and

responsibilities, and discipline of its board members, including the

creation of standing committees;

g. Evaluate the performance and activities of the Office of the PASU;

=.

Accept donations, approve proposals for funding and budget allocation
and exercise accountability over all funds that may accrue;
i, Request assistance from any government agency, office, board, private
or public person to achieve the objectives of this Act;
j. Monitor and evaluate the performance of protected area personnel,
NGOs, and the communities in biodiversity conservation, socio-cultural
and economic development, and report its assessment to the DENR;
and
k, Participate in the selection and designation process of the DENR in the
appointment of the Protected Area Superintendent;

The DENR, through the Regional Executive Director, shall ensure that the
PAMB acts within the scope of its powers and functions. In case of conflict between
Administrative Orders issued by the DENR pursuant to the NIPAS Act and other
laws, and resolutions issued by PAMB, the DENR Secretary shall decide whether to

apply the rule or withdraw its application.


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SECTION 10. The Office of the Mt. Mayapay Natural Park (MMNP)
Protected Area Superintendent (PASu) Office. There is hereby established a
PASu office in charge of the management, protection and administration of the
MMNP. The office shall be headed by the Protected Area Superintendent who shall
be the chief operating officer of the MMNP and shall be accountable to the RED of
the DENR Region XIII (Caraga Region) and PAMB. The PASu shall be supported by
existing personnel of the DENR. The PASu shall have the following administrative
and regulatory powers and functions:

1, Prepare and recommend to the PAMB the approval of the annual work
and financial plans;

2. Establish a productive partnership with the local community and

stakeholders, including groups who are interested in attaining the goals and

objectives of the MMNP;

3. Ensure the proper utilization of annual budget allocations and the proper

disposition of fees and other funds generated within the protected area;

4, Formulate and implement park information, education, communication and

visitor programs;

5. Develop a management information system to ensure that relevant and
updated information are available for scientific research, planning,
monitoring and decision-making;

6. Document the processes involved in the establishment and management
of the protected area, with particular reference to the development of
relationships with cultural communities, tenured migrants, buffer zone
residents and others in establishing effective protection of the area;

7. Enforce laws, rules and regulations pursuant to existing environmental
laws and DENR orders to protect and preserve the MMNP from trespass,
damage, injury and illegal occupancy; and

8. Perform such other functions as the PAMB or the RED may assign.


298 The Office of the PASu shall be supported by a sufficient number of personnel
299 who shall perform day-today management, protection, and administration of the
300 protected area.

301 All DENR employees detailed to the protected area at the time of effectivity of
302 this Act shall be accorded preference to form part of the Protected Area
303 Superintendent Office.

304 SECTION 11. Roles of Local Government Units and National Agencies on
305 the Protected Area. The LGUs and relevant national agencies shall be represented

306 in the PAMB and shall have the following roles:

307 a. Apprise the respective constituents, offices, and other sectors on activities
308 and programs for the protected area;

309 b. Ensure consistency in the implementation of all activities in the protected
310 area;

Si c. Retain their ordinance-making powers over the protected area and shall
312 consider the Management Plan and the rules and regulations adopted by

313 the PAMB in their legislative agenda relating to biodiversity, conservation,

34 protection, and sustainable development;

315 d. In the formulation of their development plan, local government units shall
316 consider the protected area management plan for Mt. Mayapay Protected
317 Area to be prepared by the PAMB;

318 e. Assist the PAMB in the implementation of the overall park fees, including
319 but not limited to the imposition, collection, and utilization of park fees,
320 enforcement of policies, rules and regulations and other similar park

321 activities;

322 f. Accredit POS, NGOs, and other entities and groups involved in activities
323 within the protected area; and

324 g. Provide the PAMB with relevant information and data for the effective

325 management of the protected area.


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SECTION 12, Collaboration among Government, Non-Government
Organizations and People’s Organizations. For the purpose of attaining the
objectives of this Act, all government agencies, NGOs, and POs and their personnel
shall continuously foster and develop a strong and true collaboration.

All NGOs and POs and private entities implementing any park conservation,
protection, and development program must be accredited by the LGUs and the
DENR.

CHAPTER III

ANCESTRAL LAND/DOMAINS AND TENURED MIGRANTS

SECTION 13. Ancestral Lands and Domains. — The rights of the IPs to their
ancestral lands and domains shall be recognized subject to existing and prior rights.
Traditional property regimes exercised by the IPs in accordance with their
customary laws shall govern the relationship of all individuals within their
communities with respect to all lands and other resources found within their

ancestral lands and domains.

SECTION 14, Tenured Migrants. A tenured migrant shall be issued a tenurial
instrument and shall be eligible to become stewards of portions of lands within the
allowed and designated zones on the areas they have been occupying or cultivating
not exceeding the size to be determined by PAMB.

The tenurial instrument shall cover a period of ten (10) years, subject to
renewal based on the performance evaluation and compliance of the terms and
conditions stipulated in the instrument.

The PAMB shall identify, verify, review all tenurial instruments, land claims,
and issuance of permits for resource use within the protected area and recommend
the issuance of the appropriate tenurial instrument consistent with the land
classification, proper and allowed use of resources found therein, and zoning

provided for in the Management Plan.


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Tenurial instruments issued prior to the effectivity of this Act shall be
respected but the renewal of the same shall be subject to the rules set forth by the
PAMB in accordance with the Management Plan.

Farmers who have been cultivating land within the protected area are
considered to be occupying such lands and shall be entitled to a tenurial instrument
limited to cultivation and residence. Nothing herein shall be construed to mean any
diminution of accrued rights earned by tenured migrants,

If tenured migrants occupy areas designated as zones where occupation or
certain activities are prohibited under this Act, they shall be transferred to multiple
use zones or buffer zones to be accomplished through just and humane means,

The tenurial instruments or the rights and interests arising therefrom shall not
be transferred or otherwise conveyed to any person except direct descendants who
shall qualify in accordance with the rules and regulations set by the PAMB. The
same shall not be sold, leased or used as a security for a loan or any obligation.

In the event of termination of a tenurial instrument for cause or by voluntary
surrender of rights, the PASu shall take immediate steps to rehabilitate the area
consistent with the nature of Mt. Mayapay as a protected area under the category of

a natural park.

SECTION 15. Exi:

‘ing Rights. All prior property and private rights within the
protected area already existing and/or vested prior to the effectivity of this Act, shall
be protected and respected in accordance with existing laws. Lands subsequently
classified as Alienable and Disposable shall be available for titling subject to existing
rules and regulations.

Existing built-up Barangays and populated areas within the City of Butuan,
and the Municipality of Buenavista, Agusan del Norte, and other existing built-up
and populated areas within the MMNP shall be respected and recognized. The same
shall be subject to such required processes which the DENR may conduct as a pre-

requisite to the reclassification of the said areas into alienable and disposable lands


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in accordance with existing laws, rules, and regulations. All development and
improvement in these areas shall be in accordance with the general Management
Plan of MMNP.

Persons who have been cultivating lands with appropriate legal authority
within the protected area for at least five (5) years prior to the effectivity of this Act
who are primarily dependent thereon for subsistence may be entitled to the
issuance of appropriate tenurial instruments subject to such rules and regulations
set consistent with the MMNP Management Plan. However, if the lands have been
idle for at least five (5) consecutive years, the PAMB shall have the right to assume
control and management of the area.

These tenurial instruments or the rights and interests arising therefrom shall
not be transferred or otherwise conveyed to any person except qualified direct
descendants according to the rules and regulations set by the PAMB. Any sale,

lease, or use of the instruments as security for any obligation shall likewise be void.

SECTION 16. Cancellation of Tenurial Instruments. Tenured migrant
instruments may be cancelled for:

1. Violation of the terms and conditions specified therein;

2. The repeated refusal for at least two (2) instances of the holder of the

tenurial instrument to comply with the Management Plan for the Mt.

Mayapay Natural Park; or

3. By voluntary surrender of such rights;

4. Conviction by final judgment of any of the prohibited acts as defined of

any Prohibited Acts provided for in Chapter IV of this Act.

Upon cancellation of a tenured migrant instrument, the Office of the PASU

shall immediately undertake the necessary steps to rehabilitate the area consistent

with the provisions of the Management Plan.


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CHAPTER IV

PROHIBITED ACTS AND PENALTIES

Section 17. Prohibited Acts. - The following shall be the prohibitions and

penalties within the MMNP:

(a) A fine of not less than Five Thousand Pesos (P5,000.00) but not more than
Five Hundred Thousand Pesos (P500,000.00) or imprisonment of not less
than six (6) years and one (1) day but not more than twelve (12) years, or
both, at the discretion of the court shall be imposed upon any person who:
(1) Hunts, collects destroys, traps, disturbs or possesses anywhere within the

MMNP any wild plant or animal or product derived therefrom without prior
PAMB permit;

(2) Possesses, without permit from the PAMB, any wild plant or animal or
product derived from such wild plant or animal within the MMNP or in any
of its management zones where the species is not endemic;

(3) Cuts, gathers, collects or removes timber or other forest products;

(4) Establishes or introduces exotic species that have allelopathic or
detrimental effect to endemic species without prior PAMB permit;

(5) Engages in kaingin or slash-and-burn farming or any activity that causes
forest fire;

(6) Engages in quarrying or the process of extracting, removing and disposing
of quarry resources found on or underneath the MMNP; and

(7) Engages in the extraction, exploration, development, utilization or
Processing of mineral resource, minerals or rocks with economic value

found on or underneath the MMNP.

(b) A fine of not less than Five Thousand Pesos (P5,000) but not more than Two
Hundred Fifty Thousand Pesos (P250,000) or imprisonment of not less than

six (6) months but not more than six (6) years, or both, at the discretion of


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the court, and the restoration and rehabilitation of the damage resulting from

Violations shall be imposed upon any person who:

(1) Violates the Management Plan or any resolution issued by the PAMB;

(2)Vandalizes, mutilates, transports, destroys, excavates or in any manner
intentionally damages any natural formation or object of natural beauty
inside the protected area, or the burial or religious sites including artifacts
and other objects belonging to the ICCs/IPs;

(3) Dumps, burns or otherwise disposes of any substance deleterious to the
ecosystem plants and animals or human inhabitants or committing the
same in the buffer and multiple-use areas without appropriate authority or
permit;

(4) Uses or possesses a motorized equipment anywhere within the strict
protection zone without a prior permit from the PAMB;

(5) Engages in grazing or raising of poultry and other livestock for commercial
purposes: Provided, that existing grazing or poultry and other livestock
farms shall be phased out within five (5) years after the effectivity of this
Act;

(6) Causes damage or leaves roads and trails in damaged condition;

(7) Occupies any tract of land without a prior PAMB permit. Any clearing,
construction of residence or introduction of improvements shall constitute
prima facie evidence of occupation or settlement;

(8) Alters, removes, destroys or defaces boundaries, marks or signs;

(9) Constructs and maintains a building, edifice or any kind of structure or
conducts any business enterprise without prior PAMB permit;

(10) Enters the MMNP without a prior PAMB permit for purposes of bird
watching, swimming, trekking, filming, camping, spelunking or caving and

other similar activities;


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(11) Conducts biorospecting, research work or any study without prior
PAMB permit or in violation of existing guidelines; and engages in treasure
hunting.

(c) A fine of not less than One Hundred Thousand Pesos (P100,000.00) but not
more than Five Hundred Thousand Pesos (P500,000.00) or imprisonment of
not less than six (6) months but not more than six (6) years, or both, at the
discretion of the court shall be imposed upon any public officer or law
enforcement officer, who, in dereliction of the duties of his office, shall
maliciously refrain from instituting proper action for the punishment of
violators of the law or shall tolerate the commission of offenses. A conviction
of this offense shall also carry the penalty of perpetual disqualification from
public office,

(d) In case the species involved in the violations enumerated under Section 17
(1) are protected species, the penalty to be imposed shall not be less than
twelve (12) years and one (1) day but not more than twenty (20) years and a
fine of not less than Five hundred Thousand Pesos (P500,000.00) to One
Million Pesos (P1,000,000.00) in addition to the accessory penalties provided
in the immediately succeeding paragraph. Furthermore, any citizen may
institute the necessary charge against the offender for commission of the acts
enumerated under Section 17(1) involving protected species.

(e)A conviction under this section shall likewise carry the penalty of eviction
from the MMNP, payment of damages for the rehabilitation and restoration
and the forfeiture of all equipment, device and weapon/s used in the
commission of the offense as well as the resources caught in the possession
of the accused. In case the offender is not a Filipino citizen, he/she shall be
immediately deported to his/her country of origin after service of his/her
sentence. If the offender is an association or corporation, the president or
manager shall be directly responsible for the act of the employees and

laborers.


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SECTION 18, Special Prosecutor. Within thirty (30) days from the effectivity of
this Act, the Department of Justice shall appoint a Special Prosecutor to whom all
cases of violation of laws, rules, and regulations in the protected area shall be
assigned. Such Special Prosecutor shall coordinate with the PAMB and the PASu in
the performance of his/her duties and assist in the training of wardens and rangers
in arrest and criminal procedure. The PAMB shall periodically submit an evaluation of

the performance of the designated Special Prosecutor to the Department of Justice.

SECTION 19, Administrative Confiscation and Fine. Administrative
proceedings for violation of Section 20 of Republic Act 7586 shall proceed
independently and without prejudice to judicial action. The PAMB Executive
Committee is hereby empowered to hear administrative proceedings and impose
administrative fines ranging from Five Thousand Pesos (P5,000.00) to One Hundred
Fifty Thousand Pesos (P150,000.00). Decisions of the PAMB Execom may be
appealed within thirty (30) days form the receipt of the decision to the DENR
Secretary. Decisions on imposition of fines shall be executed pending appeal.

All conveyances, vessels, equipment, paraphernalia, implements, gear, tools,
instruments of the crime, and similar devices shall be subject to immediate
administrative confiscation by the Office of the PASU upon apprehension without
prejudice to criminal action. Once the proper criminal information is filed in the
regular courts, the said conveyances, vessels, equipment, paraphernalia,
implements, gear, tools, instruments of the crime and similar devices shall be in
custodia legis but shall continue to be subject to administrative confiscation and may
only be released by the trial court to the owner pending trial on a writ of replevin,
upon consultation with the PASU and with proper consideration of the pending
administrative proceedings and potential forfeiture of the said objects.
Administrative fines collected and the proceeds of the sale on forfeiture of all objects

administratively and judicially confiscated or forfeited pursuant hereto shall accrue


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to the Mt. Mayapay Fund. The procedure for the sale thereof shall be promulgated
by the PAMB,

The LGUs responsible for the arrest of violators and confiscation of
instruments of the crime may claim a share in the disposition thereof while the rest
shall accrue to the PAMB. The sharing scheme for this shall be agreed upon by LGUs
and the PAMB,

In the case of criminal conviction, the penalty consisting of fines and
damages shall directly accrue to the Mt. Mayapay Fund.

SECTION 20, Special Counsel. The PAMB may retain the services of a competent
lawyer who may be deputized by the Secretary of Justice, to assist In the
prosecution of cases or defend the members of the PAMB, the PASu and staff or any
person assisting in the protection, conservation and sustainable development of the
protected area against any legal action related to their powers, functions and

representatives as provided in this Act or as delegated or tasked by the PAMB.

CHAPTER V

MT. MAYAPAY PROTECTED AREA FUND

SECTION 21. The Mt. Mayapay Natural Park Protected Fund. There is
hereby established a trust fund to be known as the Mt. Mayapay Natural Park
Protected Area Fund for purposes of financing projects of the System. All income
generated from the operation of the system or the management of wild flora and
fauna in the MMNP shall accrue to the fund.
These income shall be derived from, but not limited to, the following:

a. Visitors/ Tourist fees;

b. Registration of structures/facilities;

c. Fees from the use of portions of the protected area and other facilities;

d. Donations and solicitations;


e. Contributions from industries and facilities directly benefiting from the
protected area;

f. Such other fees and income derived from the conduct of permitted
activities in particular zones of the protected area;

g. Fines, fees, and damages, other than those intended from rehabilitation,
collected from violators; and

h. Proceeds from the sale of confiscated goods and materials.

The PAMB shall promulgate guidelines for the Mt. Mayapay Protected Area
Fund within one (1) month form the approval of this Act, and determine an
equitable sharing scheme with the LGUs concerned for the revenues derived from
facilities or activities within the protected area,

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

The LGUs shall continue to impose and collect all other fees not enumerated
herein which they have traditionally collected, such as business permits, property
tax and rentals of LGUs facilities. Furthermore, LGUs may impose supplemental
charges to the fees imposed by the PAMB; Provided, that such supplemental
charges shall be determined based on the contribution of the LGUs in the
maintenance and protection of the MMNP.

CHAPTER VI
Existing Facilities
SECTION 22. Existing Facilities and Environmental Impact Assessment

Compliance within the Protected Area.


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Within ninety (90) days from the effectivity of this Act, the appointed PASU
shall make an inventory of existing facilities within the boundaries of the MMNP and
submit the said inventory to the PAMB through a sworn statement containing the
following information:

(a) List of infrastructure, machineries and facilities and their potential
disturbances to protected species and their habitat, reproductive cycles,
nesting and feeding grounds;

(b) Noise levels of all stages of operation;

(c) Energy requirements and sources of energy;

(d) Volume of resources extracted from the protected area; and

(e) Future plans for the next five (5) years

The PAMB, with the technical assistance from the DENR, shall determine
whether the existence and operation of said infrastructure, machineries and facilities
and its future plans and operations would be detrimental to the MMNP.

Existing laws, rules and regulations relating to the Environment Impact
Statement (EIS) System shall be applicable to projects and activities intended in the
MMNP, The issuance by the DENR of an Environmental Compliance Certificate
(ECC) or its exemption for any project or activity in the MMNP shall be coordinated
with the PAMB,

CHAPTER VII
UTILIZATION OF RESOURCES.

SECTION 23. Utilization of Non-renewable Resources and Ban on Mining
Activities. Any exploration or utilization of non-renewable resources within the
protected area shall not be allowed, No mining activities shall be allowed inside the
MMNP,

SECTION 24, Utilization of Energy Resources . Any exploration or utilization of
non-renewable resources for generation of energy within the protected area shall

not be allowed. Energy generation projects utilizing renewable resource such as,


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but not limited to, hydroelectric, wind or solar generators may be allowed at the
discretion of the PAMB.

SECTION 25. Utilization of Other Resources. Livelihood activities requiring the
use of resources derived from the MMNP shall be allowed only when it is found to be
sustainable and consistent with the Management Plan and only upon prior PAMB
approval.

The utilization of non-tangible resources such as, but not limited to, aesthetic
value, filming, camping and trekking areas, researches on flora and fauna, and other
related activities shall require the approval of the PAMB pursuant to a corresponding
permit system to be adopted. The PAMB shall establish a mechanism that would
streamline the processing of these permits in order to promote its viability to
enhance revenue collection.

A permanent office, strategically situated within the MMNP, shall be
established for this purpose, where the PASu or his duly authorized representative
can judiciously act on requests from respective parties with authority from the

PAMB.

SECTION 26. Projects of Public Service Utilities. All existing and future
development projects of public service utilities involving water services,
communication facilities, power and energy generation, public security, health and
education services and other facilities which will promote public welfare, shall be
implemented within areas designated/ approved by the PAMB and other appropriate

government agencies.

CHAPTER VIII

APPROPRIATIONS AND MISCELLANEOUS PROVISIONS

SECTION 27. Appropriations. The Secretary of the DENR shall immediately

include in the Department's program the implementation of this Act and the funding


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of which in the initial amount of Fifty Million Pesos (P50,000,000.00) shall be
included in the annual General Appropriations Act.

SEC, 28, Transitory Provisions. - A new PAMB shall be convened and created
within three (3) months from the effectivity of this Act. During the same period, the
DENR, in coordination with the PAMB, the Committee on Natural Resources of the
House of Representatives, the Senate Committee on Environment and Natural
Resources and the concerned Congressional District Representatives shall undertake
the preparation of the implementing rules and regulations of this Act.

SECTION 29. Separability Clause. If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof.
SECTION 30. Repealing Clause. All laws, proclamations, rules and regulations,
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 31. Effectivity Clause. This Act shall take effect fifteen (15) days after
it complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation, whichever comes earlier.

Approved,