Republic of the Philippines
HOUSE OF THE REPRESENTATIVE}
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

ISTRATION ut
¢
nouse Bi xo. 230 BULLS WD ing it

Introduced by: HON. ERIC D. SINGSON

EXPLANATORY NOTE

In consonance with the policy of the state to protect, conserve and regulate the utilization
of the country’s resources, RA 1586 or the National Integrated Protected Areas System Act was
promulgated to help this national goal. Corollary to this, Presidential Proclamation No. 284
designated Bessang Pass Natual Monument/ Landmark.

Bessang Pass in the Northern Luzon is a place commemorated as site of the last ditch of
the Japanese imperial army in World War II. Dubbed as the “Great Battle of Bessang Pass”
which the Filipino and American defenders have won, a historical monument was established in
memory of the bravery of the soldiers in defending the Filipino homeland. Truly, its historic
culture is not only a reminiscent of Filipino nationalism but also of an excellent landscape. It
remarkably features a pine and mossy forest ecosystems with rugged terrain and a fresh cool
climate, unique to areas with high altitudinal range. The area is also home to various endemic
wildlife resources of floral and faunal species that enhance the areas biological diversity and vital
support system for the local community.

Bessang Pass Natural Monument/landmark as protected area aims primarily to protect
and conserve its scenic, cultural and historical features including the diverse terrestrial resources
found therein. It also highlights the town’s unique environmental and terrestrial resources found
therein. It also highlights the town’s unique environmental and socio-cultural attributes thus
making it a treasure worth of protection and conservation

Similarly this measure also hopes to address the different conservation and management
issues that affect forestlands, farmlands, fresh water resources and how these concerns relate
with the lives in the community, resource demands and development

This bill, therefore, seeks to provide the policy frameworks and long term mechanism
that will protect this valuable ecological wealth and defer its further deterioration that threatens
the sustainability of these resources and ultimately the survival of the local inhabitants.

In this light, the approval of this Bill is earnestly requested.

IC D. SINGSON


CONGRESS OF THE PHILIPPINES
SEVENTEENTH CONGRESS

Second Regular Session

HOUSE OF REPRESE!
H.B.No.__220

TIVES

BY REPRESENTATIVES ERIC D. SINGSON

AN ACT DECLARING THE BESSANG PASS NATURAL MONUMENT

IN THE MUNICIPALITY OF CERVANTES, ILOCOS SUR AS A

PROTECTED AREA, AND PROVIDING FOR ITS MANAGEMENT
Be it enacted by the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the “Bessang
Pass Natural Monument (BPNM) Act”.

SEC. 2. Declaration of Policy. — It is the policy of the State to protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. Towards this end, the State
shall promote the conservation and protection of the endangered, threatened,
and rare species of flora, fauna, and other ecosystems within Bessang Pass in
the Municipality of Cervantes, Province of Ilocos Sur, while preserving its
scenic, cultural, and historical features.

SEC. 3. Categorization as a Natural Monument. — Bessang Pass,
which is known as the historic site of the Great Battle of Bessang Pass during
World War II, and which is located within a verdant of pine forest, is hereby
categorized as a natural monument in accordance with the National Integrated

Protected Areas System Act of 1992 (NIPAS Act).


4

SC. 4. Scope. — The boundaries of the Bessang Pass Natural
Monument are as follows:

Core Zone

Beginning at a point marked "1" which is N 76° 44' 32" W, 1,339.20
meters from Bessang Pass Natural Monument/Landmark with geographic
coordinates of 16° 57’ 42.57" North and 120° 39' 24.88" East covering a total

area of 581.33 hectares.

LINE BEARING DISTANCE (meters)
1-2 N 23° 16'01"E 1,287.66
2-3 N 65° 34' 03" E 683.64
3-4 $ 81° S0'22"E 1,441.11
45 S$ 18° 44'07" W 3,189.11
5-6 N 63° 43' 53" W 840.34
6-7 S$ 66° 50' 41" W 578.69
7-8 N 47° 33' 49" W 476.09
8-9 N 29° 28' 33" W 265.23
9-10 N 66° 43' 15" W 313.29
10-11 N 45° 54! 33" E 447.27
11-12 N 60° 09' 22" E 601.85
12-1 N 44° 24' 33" W 459.07
Buffer Zone

Beginning at a point marked "1" which is N 76° 44' 32" W, 1,339.20
meters from Bessang Pass Natural Monument/Landmark with geographic
coordinates of 16° 57° 42.57" North and 120° 39' 24.88" East covering an area
of 358.13 hectares.


25

27

LINE BEARING DISTANCE (meters)
1-2 S$ 44° 24'33"E 459.07
2-3 S 60° 09' 22" W 601.85
3-4 S$ 45° 5433" W 447.27
4-5 S$ 66° 43' 1S"E 313.29
5-6 S 29° 28'33"E 265.23
6-7 $ 47° 33' 49° E 476.09
18 N 66° 50'41"E 578.69
8-9 S 63° 43' 53"E 840.34
9-10 N 18° 44°07" E 3,189.11

10-11 S$81° 19 44"E 465.76

11-12 $ 18° 21'10"W 3,771.78

12-13 N 63° 04' 32" W 1,108.83

13-14 S$ 67° 09' 58" W 576.83

14-15 N 46° 05' 33" W 806.94

15-16 N31°06'31"W 210.61

16-17 N 65° 49' 35" W 299.88

17-18 N 67° 58'S1"W 456.08

18-19 N 46° 39' 45" E 1,098.54

19-20 N 28° 39' 06" W 343.65

20-21 N 23° 15'47"E 905,23

21-22 S 76° 19'19"E 403.43

22-1 S$ 23° 16°01" W 777.96

Sc. 5. Land Classification. -— All lands of the public domain

3

comprising the BPNM shall fall under the classification of national park as

provided for in the 1987 Philippine Constitution: Provided, That public lands

already classified as agricultural lands or alienable or disposable lands prior to


4

the passage of this Act shall remain as such and may be disposed pursuant to
existing laws.

SEC. 6. Definition of Terms. ~ As used in this Act:

(a) Biological resources refer to living natural resources, including
microorganisms, plants, animals, and other biotic component of the ecosystem
with actual or potential use or value;

(b) Buffer zones refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas pursuant to Section 8 of the
NIPAS Acct that need special development and monitoring in order to avoid or
minimize harm to the protected area,

(c) Endangered species refer to species and subspecies of wildlife
whose population is in danger of extinction and whose survival is unlikely if
causal factors or threats continue to exist,

(d) General managemem plan refers to the basic long-term framework
plan to attain the objectives of conserving and protecting the area which shall
serve as guide in the preparation of the annual operations plan and budget;

(¢) General management planning strategy refers to the general guide
in the formulation of site specific management plan that shall include the
management of buffer zones and the preservation of ancestral domain lands,

(Q) Indigenous peoples refer to a group of people sharing common
bonds of language, customs, traditions, and other distinctive cultural traits, and
which have since time immemorial occupied, possessed and utilized a territory;

(g) Management manual refers to an individual management plan
containing basic background information, field inventory of resources, an
assessment of assets and limitations, regional interrelationships, particular
objectives for managing the area, appropriate division of the area into
management zones, a review of the boundaries, and a design of the

management programs,



5

(h) Natural monument refers to a relatively small area whose unique
and special characteristics are the focus of protection and preservation due to
their natural, historical and popular significance;

(i) Protected area refers to identified portion of land and water that are
set aside so that their unique physical significance and biological diversity are
protected against destructive human exploitation; and

(j) Tenured migrans refer to persons who have actually and
continuously occupied an area for five (5) years prior to its designation as a
protected area in accordance with the NIPAS Act, and are solely dependent on
its resources for subsistence

SEC. 7. The Protected Area Management Board. ~ There shall be
created a Protected Area Management Board (PAMB) which shall serve as the
highest policy-making body of the BPNM and shall be composed of the
following:

(a) The Regional Executive Director (RED) of the Department of
Environment and Natural Resources (DENR) Region 1, as Chairperson;

(b) The Provincial Planning and Development Coordinator (PPDC) of
Hocos Sur, as member,

(c) One (1) representative from the municipal government of
Cervantes, Iocos Sur, to be appointed by the Sangguniang Bayan of
Cervantes, as member,

(4) One (1) representative from Barangay Malaya, Cervantes, locos
Sur, to be appointed by the barangay council of Malaya, as member;

(©) At least three (3) representatives from _nongovernment
organizations (NGOs) and local community organizations involved in
protected area management based in Cervantes, Ilocos Sur, and duly accredited

by the municipal government, chosen through an election exclusively called for


Socamrxaaunewn

a

13
14
15
16
17
18
19
20
21
22
23
24
25
26

28

6

the purpose by the DENR in coordination with concerned local government
units (LGUs), as members;

(f) One (1) representative from each tribal community, chosen in an
election to be conducted by the DENR in coordination with the National
Commission on Indigenous Peoples (NCIP), as member, and

(g) One (1) representative each, if necessary, from other government
agencies involved in the management of the BPNM.

Except for government officials who shall serve as ex officio, every
member of the PAMB shall be appointed by the DENR Secretary and shall
serve for a term of five (5) years without compensation: Provided, That each
member remains connected with the organization being represented. In the
case of members who are government officials, their appointments shall be
coterminous with their term of office. Whenever a vacancy occurs during the
term of a nongovernment PAMB member, a new member shall be chosen in
the same manner as the original selection process, and shall only serve for the
remaining term.

The members of the PAMB shall be entitled to reimbursement of actual
and necessary traveling and subsistence expenses incurred in attending
meetings of the PAMB or any of its committees, subject to government
accounting, auditing and budgeting rules and regulations, and subject further to
the availability of funds as reflected in the Work and Financial Plan (WFP),
which is required in accessing funds from the Integrated Protected Area Fund
(IPAF).

Src. 8. Powers and Functions of the PAMB. — The PAMB shall
exercise the following powers and functions:

(a) Issue rules and regulations to prohibit acts that may be prejudicial
to the BPNM and the policy declaration herein set forth as well as established

biodiversity protection criteria,



7

(b) Approve the management plan required under Section 10 of this
Act and oversee the office of the Protected Area Superintendent (PASu);

(c) Adopt rules and procedures for the conduct of business, including
the creation of committees to whom its powers may be delegated:

(a) Set fees for the issuance of permits for activities regulated by this
‘Act or the management plan;

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

(£) Approve proposals for funding and budget allocation and exercise
responsibility over all funds that may accrue to the BPNM; and

(g) Deputize interested individuals for the enforcement of the laws,
rules and regulations governing conduct in the BPNM and its buffer zone.

The DENR, through the RED for Region 1, shall exercise authority over
the PAMB to ensure that it acts within the scope of its powers and functions. In
case of a conflict between administrative orders of national application issued
by the DENR pursuant to the NIPAS Act and other pertinent laws and the rules
and regulations issued by the PAMB, the PAMB shall notify the DENR
Secretary who shall decide whether to apply the rule or withdraw its
application in the BPNM. The decision of the DENR Secretary shall be guided
by a preference for local initiatives and specific policies enacted by the PAMB.
The decision of the DENR Secretary may be raised on appeal to the Regional
Trial Court that has jurisdiction over the BPNM

SEC. 9. The Protected Area Superintendent Office. — There is hereby
established a Protected Area Superintendent (PASu) Office in charge of the
management, protection and administration of the BPNM. The PASu shall be
supported by the existing personnel of the DENR. The head of office shall be
the chief operating officer of the BPNM and shall be accountable to the DENR


16

8

RED for Region I and the PAMB. The PASu shall have the following powers
and functions

(a) Prepare the initial and subsequent management plan as herein
provided;

(b) Serve as the secretariat for the PAMB with the duty to provide the
PAMB with all the needed information in making appropriate decisions when
necessary;

(c) Establish a productive partnership with the local community,
including groups interested in the achievement of the herein goals and
objectives, and in the planning, protection and management of the BPNM;

(d) Develop and implement a park information, education and visitor
program;

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

(8) Monitor all activities within the BPNM to ensure compliance with
the management plan; and

(g) Perform such other functions as the PAMB may assign

SEC. 10. Management Plan, — Within one (1) year from the effectivity
of this Act and in accordance with the General Management Planning Strategy
as provided for in the NIPAS Act, the PASu, in coordination with the local
communities, appropriate offices of the DENR, LGUs, NGOs, and people’s
organizations (POs), shall prepare a management plan. The management plan
shall contain, among others, the following

(a) The category of the protected area;

(b) Period of applicability of the plan;

(c) Key management issues;

(d) Goals and objectives of management in support of Section 2 hereof,

(e) Site management strategy;


Seowmrxaauneon

iT

13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28

9

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

(g) Zoning; and

(h) Visitor management programs,

‘The management plan shall be reviewed, approved, and adopted by the
PAMB and shall be certified to by the DENR Secretary that it conforms to all
laws, rules and regulations of national application issued by the DENR. In no
case shall the DENR revise or modify the management plan without prior
consultation with the PAMB

One (1) year before the expiration of the initial management plan, the
PASu shall cause the publication of notices for comments and suggestions on
the subsequent management plan in a newspaper of local 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 subsequent management plan upon the written request of any
interested party. The plan shall be prepared in the language understood in the
area and shall be made available to the public during the period for comments

In the event that no subsequent management 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

SEC. 11, Bessang Pass Natural Monument Protected Area Fund. ~
There is hereby established a trust fund to be known as the Bessang Pass
Natural Monument Protected Area Fund, hereinafter referred to as the Fund,
for purposes of financing projects of the BPNM. lll income generated from
the operation or management of wild flora and fauna in the BPNM shall accrue

to the Fund. These income shall be derived from the visitor/tourist fees, fees



SowmraaAnevon

ant

13
14
15
16
7
18
19
20
21

22
23
24
25
26
27
28

10

from permitted sale and export of flora and fauna and other resources from the
BPNM, proceeds from registration and lease of multiple-use areas including
tourism concessions, contributions from industries and facilities directly
benefiting from the protected area and such other fees and incomes derived
from its operation.

The Fund may be augmented by grants, donations, endowment from
various resources, domestic or foreign, for purposes related to their functions
Provided, That the Fund shall be subject to the retention by the PAMB of the
protected area, of seventy-five percent (75%) of all revenues raised therefrom
and deposited in any government bank within the locality where the protected
area is located; and that disbursements shall be made solely for the protection,
maintenance, administration, and management of the area and implementation
of duly approved projects endorsed by the PAMB in accordance with existing
accounting, auditing and budgeting rules and regulations: Provided, further,
That twenty-five percent (25%) of the revenues shall be deposited as a special
account in the National Treasury: Provided, finally, 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
charge add-ons to fees imposed by the PAMB: Provided, That such add-ons
shall be determined based on the contribution of the LGUs in the maintenance
and protection of the protected area

SEC. 12. Facilities Within the Protected Area, — Within sixty (60)
days from the effectivity of this Act, the owners, operators or public officers in
charge of major existing facilities such as roads, buildings, water systems,
transmission lines, communication facilities, heavy equipment and irrigation

facilities within the boundaries of the BPNM shall submit a project description


SocmrxrvsaHeon

ll

13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28

11

to the PAMB through the PASu, and with the help of the DENR, the PAMB
shall determine whether the present and future existence, operations and plans
of a facility is detrimental to the BPNM or conditions for its continued
operation shall be imposed. If any such conditions, once imposed, are violated,
the owner of the facility shall be liable to pay a fine of five thousand pesos
(P5,000.00) for every violation. Upon reaching a total fine of five hundred
thousand pesos (P500,000.00), the PAMB, through the PASu and other
deputized government entities, shall cause the cessation and demolition of the
facility at the cost of its owner

Existing facilities allowed to remain within the BPNM may be charged a
reasonable royalty by the DENR. Alll income from such royalty shall accrue to
the Fund.

SEC. 13. Unilization of Nonrenewable Resources. — Any exploitation
and utilization of nonrenewable resources within the BPNM shall be allowed
only upon the approval of the PAMB and shall be subject to the Environmental
Impact Assessment (EIA) System.

SEC. 14, Indigenous Peoples Rights. — Ancestral domains and the
customary rights and interests of indigenous communities located within any
area of the BPNM shall be accorded due recognition and respect. The
preservation of ancestral domains and customary rights shall be considered as
one of the management objectives of this Act.

The evaluation of ancestral domain claims within the BPNM shall be
conducted in accordance with Republic Act No. 8371, in coordination with the
DENR and other concerned groups.

SEC. 15. Tenured Migrants. - Persons who have actually and
continuously occupied a portion of the BPNM five (5) years before the
effectivity of the NIPAS Act and whose livelihood are solely dependent on that

area shall be considered as tenured migrants in the BPNM.



12

For the purpose of official documentation, recognition of rights and
determination of the extent of occupation within the BPNM, a tenured migrant
shall be issued a tenurial instrument over the area being occupied or cultivated
However, in areas that are designated as zones in which no occupation or other
human activities are allowed, a provision for the transfer of tenured migrants to
multiple-use zones or the buffer zone shall be undertaken.

Upon the cancellation of a tenured migrant instrument for cause,
abandonment or by voluntary surrender of rights, the PASu shall take
immediate steps to rehabilitate or restore the area to its natural state

SEC. 16. Prohibited Acts and Penalties. — The following acts are
hereby prohibited within the BPNM.

(a) Hunting, destroying, disturbing or mere possession of any plant or
animal or product derived therefrom without a permit from the PAMB;

(b) Dumping of any waste product detrimental to the BPNM, or to the
plants, animals or inhabitants therein;

(c) Using any motorized equipment without a permit from the PAMB;

(d) Mutilating, defacing or destroying objects of natural beauty, or
objects of interest to cultural communities;

(e) Damaging and leaving roads and trails in a damaged condition;

(8) Squatting, mining or otherwise occupying any land;

(g) Constructing or maintaining any kind of structure, fence or
enclosure or conducting any business enterprise without a permit from the
PAMB;

(h) Leaving exposed or in unsanitary condition refuse or debris or
depositing the same in the grounds or in bodies of water; and

(i) Altering, removing, destroying or defacing boundary marks or

signs,


Sowmraanuneon

ll

13
14
15
16
7
18
19
20
21

22
23
24
25
26
27

13

Whoever violates this Act or the rules and regulations issued by the
DENR or the PAMB pursuant to this Act, or whoever is found guilty by a
competent court of justice of any of the offenses in the preceding paragraph
shall be fined the amount of not less than five thousand pesos (P5,000.00) nor
more than five hundred thousand pesos (P500,000.00), exclusive of the value
of the thing damaged, or imprisonment for not less than one (1) year but not
more than six (6) years, or both, as determined by the court: Provided, That if
the area requires rehabilitation or restoration as determined by the court, the
offender shall also be required to restore it or pay for the cost of its restoration:
Provided, further, That the court shall order the eviction of the offender from
the area and the forfeiture in favor of the government of all minerals, timber, or
any species collected or removed, including all equipment, devices and
firearms used in connection therewith and any construction or improvement
made thereon by the offender. If the offender is an association or corporation,
the president or manager shall be directly responsible for the act of their
employees and laborers: Provided, finally, That the DENR may impose
administrative fines and penalties consistent with this Act

SEC. 17. Special Prosecutor. — Within thirty (30) days from the
effectivity of this Act, the Secretary of Justice shall appoint a special
prosecutor to whom all cases for violation of laws, rules and regulations in the
BPNM shall be assigned. In the prosecution of cases, the special prosecutor
shall coordinate with the PAMB and the PASu and shall assist in the training
of wardens and rangers in arrest and criminal procedures

Sec. 18. Reporting Responsibility. ~ The PASu, through the PAMB,
shall be responsible for the preparation of accomplishment reports and other
activities undertaken in the BPNM for submission to the DENR Secretary.



14

Sec. 19. Appropriations. — The Secretary of the DENR shall
immediately include in the Department’s program the implementation of this
Act, the funding of which shall be included in the annual General
Appropriations Act.

SEC. 20. Separability Clause. — If any part or section of this Act is
declared unconstitutional, such declaration shall not affect other parts or
sections hereof,

See. 21, Repealing Clause. — The provisions of the NIPAS Act are
hereby modified in accordance with the provisions herein. All other laws, rules
and regulations inconsistent with this Act are hereby repealed or modified
accordingly

Sec. 22. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation
It shall likewise be posted in a conspicuous place at the Municipal Hall of
Cervantes, Ilocos Sur, in the barangay where the protected area is located and
in other places frequented by the public

Approved,