FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Balinsasayao Twin Lakes Natural Park in the 
municipalities of Valencia, Sibulan and San Jose in Negros Oriental as a protected 
area. 
The Balinsasayao Twin Lakes Natural Park, which covers 8,016.05 hectares, is 
considered as the only remaining rainforest in the island of Negros. The Park hosts a 
significant number of threatened endemic wildlife species such as the Visayan spotted 
deer, Asian leopard cat, Flame-templed babbler, Writhed-billed hornbills and bare-
backed bats. 
Lake Balinsasayao has also been recorded as one of the remaining 
habitat of the critically-endangered Philippine tube-nosed fruit bat, one of the few striped 
bats in the world. 
Recognizing. the value of the area, it was proclaimed as a protected area by 
virtue of Presidential Proclamation No. 414 on November 21 2000. 
This bill, therefore, seeks to declare the Balinsasayao Twin Lakes Natural Park 
as a protected area in order to protect it from indiscriminate exploitation and to be able 
to maintain its ecological balance. 
Given the importance of biodiversity, it is deemed crucial that we act on this now 
to ensure that our children and the succeeding generations will inherit a living earth with 
all of its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged . 
• 
i:J. ¥CAYETANO 
1 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
} 
} 
} 
SENATE 
S. No. 2157 
Introduced by Senator Pia S. Cayetano 
AN ACT 
ESTABLISHING THE BALINSASAYAO TWIN LAKES LOCATED IN THE 
MUNICIPALITIES OF VALENCIA, SIBULAN AND SAN JOSE, PROVINCE OF 
NEGROS ORIENTAL AS A PROTECTED AREA UNDER THE CATEGORY OF 
NATURAL PARK, 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 "Balinsasayao Twin Lakes 
2 
Natural Park Act of 2010". 
3 
SEC. 2. Land Classification. -
All lands of the public domain comprising the 
4 
Balinsasayao Twin Lakes Natural Park shall fall under the classification of National Park 
5 
as provided for in the Philippine Constitution. 
6 
SEC. 3. Definition of Terms. -
For purposes of this Act, the following terms are 
7 
defined as follows: 
8 
(a) "Biodiversity" shall refer to the variety and variability among all living organisms 
9 
and the ecological complex in which they occur. 
10 
(b) "Biological resources" shall include genetic resources, organisms or parts 
11 
thereof, population, or any other biotic component of ecosystems with actual or potential 
12 
use or value for humanity. 
13 
(c) "Bioprospecting" shall mean the research, collection and utilization of biological 
14 
and genetic resources for purposes of applying the knowledge derived therefrom solely 
15 
for commercial purposes. 
16 
(d) "~uffer zones" shall refer to identified areas outside the boundaries of the 
17 
designated Balinsasayao Twin Lakes Natural Park that need special development and 
18 
control i'n order to provide an extra layer around the Balinsasayao Twin Lakes Natural 
19 
Park where restrictions may apply, and managed according to the Management Plan 
20 
and applicable rules and regulations issued as provided for in this Act and related 
21 
statutes. 
2 


(e) "By-product or derivatives" shall mean any part taken or substance extracted 
2 
from wildlife, in raw or in processed form. This includes stuffed animals and herbarium 
3 
specimens. 
4 
(f) "Collection or collecting" is the act of gathering or harvesting wildlife, its by-
5 
products or derivatives. 
6 
(g) "Conservation" shall mean preservation and sustainable utilization of wildlife, 
7 
and/or maintenance, restoration and enhancement of the habitat. 
8 
(h) "Ecosystem" shall mean the dynamic complex of plant, animal and micro-
9 
organism communities and their non-living environment interacting as a functional unit. 
10 
(i) "Endangered species" shall refer to species or subspecies that is not critically 
11 
endangered but whose survival in the wild is unlikely if the causal factors continue 
12 
operating. 
13 
U) "Endemic species" shall mean species or subspecies of flora and fauna which is 
14 
naturally occurring and found only within specific areas in the country. 
IS 
(k) "Exotic species" shall mean species or subspecies of flora and fauna which do 
16 
not naturally occur within the Balinsasayao Twin Lakes Natural Park at present or in 
17 
historical time. 
18 
(I) "Habitat" shall mean a place or type of environment where a species or 
19 
subspecies naturally occurs or has naturally established its population. 
20 
(m) "Hunting" shall refer to collection of wild fauna for food and/or recreational 
21 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
22 
(n) "Management Plan" shall refer to the fundamental plan, strategy and/or scheme 
23 
which shall guide all activities relating to the Balinsasayao Twin Lakes Natural Park in 
24 
order to attain the objectives of this Act. 
25 
(0) "Mineral" shall refer to all naturally occurring inorganic substance in solid, gas, 
26 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
27 
natural gas, radioactive materials, and geothermal energy. 
28 
(p) "Multiple-Use Zone" shall refer to an area where settlement, traditional and/or 
29 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
30 
income generating or livelihood activities, may be allowed to the extent prescribed in the 
31 
IPAP/PAMP. 
32 
(q) "National Integrated Protected Areas System" is the classification and 
33 
administration of all designated protected areas to maintain essential ecological 
34 
processes and life-support systems, to preserve genetic diversity, to ensure sustainable 
35 
use of resources found therein, and to maintain their natural, conditions to the greatest 
36 
extent possible. 
37 
(r) "National Park" shall refer to the land of the public domain classified as such in 
38 
the 1987 Constitution which include all areas under the National Integrated Protected 
3 


Areas System (NIPAS) pursuant to R.A. 7586 primarily designated for the conservation 
2 
of native plants and animals, their associated habitats and cultural diversity. 
3 
(s) "Natural park" shall refer to a relatively large area not materially altered by 
4 
human activity, where extractive resource uses are not allowed and maintained to 
5 
protect outstanding natural and scenic areas of national or international significance for 
6 
scientific, educational and recreational use. 
7 
(t) "Non-governmental organization (NGOl" shall refer to an agency, institution, 
8 
foundation 
or a group of persons whose 
purpose 
is 
to 
assist people's 
9 
organizations/associations in various ways including, but not limited to, organizing, 
10 
education, training, research and/or resource accessing. 
11 
(u) "People's Organization" shall refer to a group of organized migrant communities 
12 
and or interested indigenous peoples which may be an association, cooperative, 
13 
federation, or other legal entity, established to undertake collective action to address 
14 
community concerns and needs, and mutually share the benefits of the endeavor. 
15 
(v) "Protected area (PAl" shall refer to identified portions of land and water set 
16 
aside by reason of their unique physical and biological significance, managed to 
17 
enhance biological diversity and protected against destructive human exploitation. 
18 
(w) "Protected Area Management Board" shall refer to a multi-sectoral policy-
19 
making body for protected areas created in accordance with RA 7586 or the NIPAS Act 
20 
of 1992. 
21 
(x)"Quarrying" shall mean the process of extracting, removing and disposing quarry 
22 
resources found on or underneath the surface of private or public land. 
23 
(y) "Strict protection zone" shall refer to a natural area with high biodiversity value 
24 
which shall be closed to all human activity except for scientific studies and/or 
25 
ceremonial or religious use by the indigenous cultural communities/indigenous peoples; 
26 
may include habitats of threatened species, or degraded areas that have been 
27 
designated for restoration and subsequent protection, even if these areas are still in 
28 
various stages of regeneration. 
29 
(z) "Sustainable use" shall mean the use of components of biological diversity in a 
30 
way and rate that does not lead to the long-term decline of biological diversity, thereby 
31 
maintai(1ing its potential to meet the needs and aspirations of present and future 
32 
generations. 
33 
(aa) "Tenured migrants" shall refer to forest occupants who have actually and 
34 
continuously occupied a portion of the Balinsasayao Twin Lakes Natural Park and is 
35 
solely dependent therein for subsistence. A Balinsasayao Twin Lakes Natural Park 
36 
occupant is understood to be "solely dependent for subsistence" when everything 
37 
indispensable for survival for the household, including food, clothing, shelter and health, 
4 


comes only from the utilization of resources from the Balinsasayao Twin Lakes Natural 
2 
Park. 
3 
(bb) "Threatened Species" shall refer to a general term to denote species or 
4 
subspecies of flora and fauna considered as critically endangered, endangered, 
5 
vulnerable or other accepted categories of wildlife whose population is at risk of 
6 
extinction. 
7 
(cc) "Wildlife" shall mean wild forms and varieties of flora and fauna, in all 
8 
developmental stages, including those which are in captivity or are being bred or 
9 
propagated. 
10 
SEC. 4. Scope and Coverage. - The Balinsasayao Twin Lakes Natural Park shall 
11 
cover certain parcels of land situated in the Municipalities of Valencia, Sibulan and San 
12 
Jose, Province of Negros Oriental. Its boundaries, subject to ground demarcation, are 
13 
as follows: 
14 
Beginning at a corner marked "1" on the map being identical to MBM No. 14, 
15 
Project No: 15, A and D LC Map 225; 
16 
Thence N 71° 25' W 282.40 m. 
to corner 2; 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
Thence N 72° 27' W 705.70 m. 
Thence S 20° 52' W 337.90 m. 
Thence S 74° 41' W 491.00 m. 
Thence S 46° 19' W1 ,376.00 m. 
Thence S 70° 50' W 400.00 m. 
Thence N 71° 25' W 756.50 m. 
Thence S 32° 11' W 875.00 m. 
Thence S 58° 12' W1, 190.40 m. 
Thence N 64° 15' W8,092.30 m. 
Thence DUEW 
670.28 m. 
Thence N 39° 30' E 5,954.47 m. 
Thence S 80° 21' E 4,173.80 m. 
Thence N 45° 43' E 4, 166.40 m. 
Thence DUE S 
226.00 m. 
Thence S 45° 19' W 785.70 m. 
Thence S 25° 47' E 
193.20 m. 
Thence N 50° 45' E 303.60 m. 
Thence S 47" 01' E 489.10 m. 
Thence S 20° 40' E 289.20 m. 
Thence N 18° 36' E 481.70 m. 
Thence N 40° 44' E 510.00 m. 
Thence DUE E 
208.00 m. 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
to corner 
3' , 
4' , 
5' , 
6' , 
7; 
8' , 
9' , 
10; 
11 ; 
12; 
13; 
14; 
15; 
16; 
17; 
18; 
19; 
20; 
21; 
22; 
23; 
24; 
5 


Thence N 35° 46' E 409.60 m. 
to corner 
25; 
2 
Thence S 70° 39' E 
346.80 m. 
to corner 
26; 
3 
Thence S 25° 47' E 289.90 m. 
to corner 
27; 
4 
Thence N 48° 44' E 283.80 m. 
to corner 
28; 
5 
Thence S 60° 53' E 690.30 m. 
to corner 
29; 
6 
Thence S 31° 10' W 310.90 m. 
to corner 
30; 
7 
Thence S 65° 59' W 299.10 m. 
to corner 
31 ; 
8 
Thence S 41° 19' W 587.40 m. 
to corner 
32; 
9 
Thence S 20° 52' E 289.60 m. 
to corner 
33; 
10 
Thence S85°10'E 
278.50 m. 
to corner 
34; 
11 
Thence DUE S 
240.00 m. 
to corner 
35; 
12 
Thence S 31° 55' E 213.20 m. 
to corner 
36; 
13 
Thence S 33° 57' E 436.70 m. 
to corner 
37; 
14 
Thence S 77° 34' W 882.60 m. 
to corner 
38; 
IS 
Thence S 15° 31' E 298.30 m. 
to corner 
39; 
16 
Thence N 61° 58' E 301.30 m. 
to corner 
40; 
17 
Thence N 48° 44' E 293.40 m. 
to corner 
41 ; 
18 
Thence S 10° 22' E 
240.30 m. 
to corner 
42; 
19 
Thence S 50° 00' E 
588.40 m. 
to corner 
43; 
20 
Thence S 20° 32' W 190.00 m. 
to corner 
44; 
21 
Thence DUE S 
288.00 m. 
to corner 
45; 
22 
Thence S 60° 53' E 
345.10 m. 
to corner 
46; 
23 
Thence N 64° 47' E 398.00 m. 
to corner 
47; 
24 
Thence S 85° 31' E 
280.70 m. 
to corner 
48; 
25 
Thence S 30° 04' E 
387.50 m. 
to corner 
49; 
26 
Thenee S 31° 10' W 291.50 m. 
to corner 
50; 
27 
Thence S 08° 10' E 230.50 m. 
to corner 
51; 
28 
Thence DUE E 
346.20 m. 
to corner 
52; 
29 
Thence S 15° 40' W 173.30 m. 
to corner 
53; 
30 
Thence S 31° 10' W 242.90 m. 
to corner 
54; 
31 
thence S 61° 07' W 218.70 m. 
to corner 
55; 
32 
Thence N 79° 39' W 201.30 m. 
to corner 
56; 
33 
Thence S 32° 11' W 272.20 m. 
to corner 
57; 
, 
34 
Thence S 15° 31' E 481.10 m. 
to corner 
58; 
35 
Thence S 31° 10' W 291.50 m. 
to corner 
59; 
36 
Thence S 78° 32' W 280.90 m. 
to corner 
60; 
37 
Thence N 27° 12' W 371.70 m. 
to corner 
61; 
38 
Thence S4 n 9'W 
195.80 m. 
to corner 
62; 
6 


2 
3 
4 
5 
6 
7 
8 
Thence S 200 40' E 
Thence S 640 16' W 
Thence S 140 29' E 
Thence S 160 36' E 
Thence S 61 0 01' W 
Thence S 20° 52' W 
Thence S 20° 40' E 
Thence S 41 0 01' E 
366.40 m. 
221.10 m. 
154.00 m. 
192.60 m. 
447.40 m. 
202.70 m. 
570.50 m. 
370.30 m. 
to corner 
63' , 
to corner 
64; 
to corner 
65; 
to corner 
66; 
to corner 
67; 
to corner 
68; 
to corner 
69; 
to corner 
70; 
9 
Thence S 31° 10' W 291.50 m. 
to corner1, the pOint of beginning, containing 
10 
an area of eight thousand sixteen and five hundredths (8,016.05) hectares, more or 
11 
less. 
12 
The technical descriptions provided in this Act will be subject to ground survey and 
\3 
verification to be conducted by the Department of Environment and Natural Resources 
14 
(DENR). Any modification of the coverage of this Act due to such factors as changing 
15 
ecological situations, new scientific or archeological findings, or discovery of traditional 
16 
boundaries not previously taken into account shall be made through an act of Congress, 
17 
after consultation with the affected public and concerned government agencies. 
18 
SEC. 5. Management of the 8alinsasayao Twin Lakes Natural Park - There is 
19 
hereby created a PAM8 which shall have jurisdiction, power and authority over the 
20 
8alinsasayao Twin Lakes Natural Park for all matters that may affect biodiversity 
21 
conservation, protection and sustainable development. It shall be composed of: 
22 
(a) The Regional Executive Director (RED) of the DENR-Region VII, as the 
23 
chairperson; 
24 
(b) The Provincial Planning and Development Officer (PPDO) of the Province of 
25 
Negros Oriental; 
26 
(c) The Municipal Mayors of Valencia, Sib ulan and San Jose in the Province of 
27 
Negros Oriental, or their duly designated representatives; 
28 
(d) One representative from each barangay covering the 8alinsasayao Twin Lakes 
29 
Natural Park; 
30 
(e) One representative from each department or national government agency 
31 
directly involved in the protected area or has long term projects or permanent facility 
32 
located therein; 
33 
(f) At least three (3) representatives from accredited NGOs with stakes in the 
34 
8alinsasayao Twin Lakes Natural Park, chosen from among themselves; 
35 
(g) At least two (2) representatives from local POs with stakes in the 8alinsasayao 
36 
Twin Lakes Natural Park, chosen from among themselves; and 
37 
(h) One representative from academic institutions directly involved in the 
38 
conservation of the 8alinsasayao Twin Lakes Natural Park. 
7 


Each member of the PAMB shall serve for a term of five (5) years and shall be 
2 
considered to represent his or her sector and deemed to carry the vote of such sector in 
3 
all matters. In the case of members who are'government officials, their appointment 
4 
shall be co-terminus with their term of office. 
5 
The members of the PAMB shall be appointed by the Secretary of the DENR in 
6 
conformity with the provisions of the NIPAS Act. As a transitory provision, the initial 
7 
members of the PAMB shall be nominated from the current members of the interim 
8 
PAMB of the Balinsasayao Twin Lakes Natural Park. Their nominations shall be 
9 
conducted in a joint meeting of the current members of the interim PAMB duly called for 
10 
the purpose: Provided, That the members shall include a number of women. 
11 
In the selection of representatives of POs and the NGOs, preference shall be 
12 
accorded to those organizations that are involved in the conservation, protection and 
13 
development of the Balinsasayao Twin Lakes Natural Park. Representation shall be by 
14 
institution and shall aim to achieve balance in representation by geographic location or 
15 
areas. 
16 
The representatives from local government units (LGUs) and national agencies in 
17 
the PAMB shall include among their duty to appraise their respective constituents, office 
18 
or sector, to ensure that the proviSions of this Act are consistent with the Local 
19 
Government Code of 1991 (R. A. No. 7160), other relevant statutes and ordinances, 
20 
and local and national development plans and projects. Failure to comply with the 
21 
foregoing shall subject such representative to disciplinary action as the PAMB may 
22 
provide. 
23 
The members of the Board shall not receive any salary but shall be entitled to 
24 
reimbursements for actual and necessary expenses incurred, either in their attendance 
25 
in meetings of the Board or in connection with other official business authorized by a 
26 
resolution of the Board, subject to existing rules and regulations. 
27 
SEC. 6. Powers and Functions of the PAMB. - The PAMB of the Balinsasayao 
28 
Twin Lakes Natural Park-shall have the following powers and functions, in addition to 
29 
those provided under RA 7586 or the NIPAS Act of 1992 and its implementing rules and 
30 
regulations: 
31 
(1 ) 
Issue rules and regulations to prohibit acts that may be prejudicial to the 
32 
Balinsasayao Twin Lakes Natural Park and to the declaration of policy set forth under 
33 
the NIPAS; 
34 
(2) 
Issue rules and regulations for the resolution of conflicts through 
35 
appropriate and effective means; 
36 
(3) 
Adopt rules and procedures in the conduct of business, including the 
37 
creation of committees to which its powers may be delegated; 
8 


(4) 
Approve the management plan and oversee the office of the Protected 
2 
Area Superintendent (PASu); 
3 
(5) 
Establish criteria and set fees for the issuance of permits for activities 
4 
regulated by this Act or the management plan; 
5 
(6) 
Recommend 
the 
deputization 
of appropriate 
individuals for 
the 
6 
enforcement of the laws, rules and regulations governing the conduct or management of 
7 
the Balinsasayao Twin Lakes Natural Park; 
8 
(7)' Approve fees and charges in accordance with DAO 51, Series of 2000 
9 
and raise funds for the Balinsasayao Twin Lakes Natural Park; 
10 
(8) 
Manage the allocation of the Balinsasayao Twin Lakes Natural Park Fund, 
11 
and other funds for the Balinsasayao Twin Lakes Natural Park, ensure their proper 
12 
administration and render accounting; and 
13 
(9) 
Recommend appropriate policy changes to the DENR and other 
14 
government authorities. 
15 
The DENR, through the RED, shall ensure that the PAMB acts within the scope of 
16 
its powers and functions. In case of conflict between administrative orders issued by 
17 
the DENR pursuant to the NIPAS Act and resolutions issued by the PAMB, such conflict 
18 
shall be referred by PAMB to the DENR Secretary who shall decide whether to apply 
19 
the rule or withdraw its application in the Balinsasayao Twin Lakes Natural Park. 
20 
SEC. 7. Protected Area Superintendent (PASu Office). -
There is hereby 
21 
established a PASu Office in charge of the management, protection and administration 
22 
of the PASu and shall be supported by the existing personnel of the DENR. The PASu 
23 
shall be the Chief Operating Officer of the Balinsasayao Twin Lakes Natural Park and 
24 
shall be accountable to the RED of the DENR-Region VII and the PAMB. The PASu 
25 
shall have the following duties and responsibilities, in addition to those provided under 
26 
RA 7586 or the NIPAS Act of 1992 and its Implementing Rules and Regulations: 
27 
(1) 
Establish, operate, and maintain a database management system as a 
28 
decision support tool; 
29 
(2) Prepare the management plans as herein defined; 
30 
(3) Provide a Secretariat for the PAMB and supply the PAMB with all the 
31 
information necessary to make appropriate decisions for the implementation of this Act; 
32 
(4) Enforce the laws, rules and regulations relevant to the Balinsasayao Twin 
33 
Lakes Natural Park and institute and file legal action independently or in collaboration 
, 
34 
with other. government agencies or organizations and assist in the prosecution of 
35 
offenses committed in violation of this Act; 
36 
(5) Monitor all activities within the Balinsasayao Twin Lakes Natural Park to ensure 
37 
its conformity with the management plan; 
9 


(6) Recommend the issuance of permits based on terms, conditions and criteria 
2 
established by the PAMB; 
3 
(7) Ensure the integration of the Balinsasayao Twin Lakes Natural Park 
4 
management policies, regulations, programs and projects at all the concerned national 
5 
and Local Government Unit levels; and 
6 
(8) Perform such other functions as the PAMB may delegate. 
7 
The PASu shall be supported by a sufficient number of personnel, who shall be 
8 
performing day-to-day management, protection and administration of Balinsasayao 
9 
Twin Lakes Natural Park. Upon the recommendation of the PAMB, the DENR Regional 
10 
Director shall deputize local community leaders and environment and natural resource 
11 
officers. 
12 
SEC. 8. Tenured Migrants.and Other Balinsasayao Twin Lakes Natural Park 
13 
Occupants - Tenured migrants shall be eligible to become stewards of portions of lands 
14 
within the allowable zones. 
The PAMB shall identify, verify and review all tenurial 
15 
instrument, land claims and issuance of permits for resource use within the 
16 
Balinsasayao Twin Lakes Natural Park and recommend the issuance of the appropriate 
17 
tenurial instrument consistent with the zoning provided in the management and its 
18 
successor plans. 
19 
Shoula areas occupied by tenured migrants be designated as zones in which no 
20 
occupation or other activities are allowed pursuant to the attainment of sustainable 
21 
development, provision for the transfer of said tenured migrants to multiple-use zones or 
22 
buffer zones shall be accomplished through just and humane means. 
23 
In the event of termination of a tenurial instrument for cause or by voluntary 
24 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in order 
25 
to return it to its natural state prior to the cultivation or other act by the tenured migrant. 
26 
SEC. 9. Prohibited Acts and Penalties. - The following prohibitions and penalties 
27 
are applicable to the 8alinsasayao Twin Lakes Natural Park, in addition to the prohibited 
28 
acts as provided in the NIPAS Act and its pertinent rules and regulation: 
29 
(A) The penalties in Articles 309 and 310 of the Revised Penal Code, in addition to 
30 
the prohibited acts as provided in the NIPAS Act and its pertinent rules and regulations: 
31 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic 
32, plants or animals, flora or fauna, sand, rocks or by- products derived therefrom, within 
33 
particularly identified regulated or prohibited areas or zones in the 8alinsasayao Twin 
34 
Lakes Natural Park including private lands without the necessary permit, authorization 
35 
or exemption: Provided, That hunting of animals shall be absolutely except for 
36 
prohibited for scientific research; 
37 
(2) Cuts, gathers, removes or collects timber or any forest products within 
38 
particularly identified prohibited areas or zones in the 8alinsasayao Twin Lakes Natural 
10 


Park area including private lands, without the necessary permit, authorization or 
2 
exemption; 
3 
(3) Undertakes mineral exploration or extraction within the Balinsasayao Twin 
4 
Lakes Nattlral Park; 
5 
(4) Possesses or transports, within or outside the Balinsasayao Twin Lakes 
6 
Natural Park any timber, forest products, wild terrestrial or aquatic plants, animals, flora 
7 
or fauna or by-product derived therefrom which are ascertained to have been taken 
8 
from the Balinsasayao Twin Lakes Natural Park. 
9 
(5) Hunts, collects, removes or destroys endangered or protected species, except 
10 
when collection or removal is for scientific res~arch and exempted from the prohibition 
II 
by the PAMB. 
12 
(6) Engages in quarrying of sand, gravel, guano, limestone or any material within 
13 
the Balinsasayao Twin Lakes Natural Park; 
14 
(7) Conducts bioprospecting within the Balinsasayao Twin Lakes Natural Park 
15 
without prior PAMB approval in accordance with existing guidelines; or 
16 
(8) Establishes or introduces exotic species within the Balinsasayao Twin Lakes 
17 
Natural Park which are detrimental to endemic species or without prior PAMB approval. 
18 
(B) A fine of not less than Five Thousand Pesos (P5,OOO.OO) nor more than Five 
19 
Hundred Thousand Pesos (P500,OOO.OO) and/or imprisonment from one (1) year but not 
20 
more than six (6) years shall be imposed upon any person who: 
21 
(1) Violates any rules and regulations in the management plan or by the PAMB or 
22 
agreements reached before the PAMB in the exercise of adjudicative functions; 
23 
(2) Erects any structure on land or on water for any purposes outside the 
24 
management plan: Provided, That large-scale private infrastructure and other projects 
25 
such as medium to high density residential subdivisions, medium to large commercial 
26 
and industrial establishments, golf-courses, heavily mechanized commercial and non-
27 
traditional farming, and other activities that cause increased in-migration, pollution and 
28 
resource degradation are absolutely prohibited; 
29 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the 
30 
Balinsasayao Twin Lakes Natural Park without a permit; 
31 
(4). Throws, dumps or causes to be dumped into the 8alinsasayao Twin Lakes 
32 
Natural Park any non-biodegradable material or waste whether liquid, solid or gas; 
33 
(5) Uses, dumps, places or causes to be placed into the 8alinsasayao Twin Lakes 
34 
Natural Park toxic chemicals, including pesticides and other hazardous substances, 
35 
unless the same is expressly allowed in the protection and conservation plan; 
36 
(6) Prospects, hunts or otherwise locate hidden treasures within the 8alinsasayao 
37 
Twin Lakes Natural Park; 
11 


(7) Informally occupies or dwells in any land within the Balinsasayao Twin Lakes 
2 
Natural Park without clearance from the PAMB; 
3 
(8) Posseseses or uses blasting caps or explosives anywhere within the 
4 
Balinsasayao Twin Lakes Natural Park; 
5 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
6 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
7 
natural or scenic value; 
8 
(10) Alters, removes or destroys boundary marks or signs; 
9 
(11) Engages in kaingin, or, in any manner, causing forest fires inside the 
10 
Balinsasayao Twin Lakes Natural Park; or 
11 
(12) Purchases, or seils, mortgages or leases lands or other portions of the 
12 
Balinsasayao Twin Lakes Natural Park which are covered by any tenurial instrument. 
13 
Valuation of the damage shall take into account biodiversity and conservation 
14 
considerations, as well as aesthetic and scenic value. Valuation by the DENR or the 
15 
concerned'government agency shall be presumed correct unless proven otherwise by 
16 
preponderant evidence. 
17 
Any person who shall induce another or conspire to commit any of the illegal acts 
18 
prohibited in this Act or suffer their workers to commit any of the same shall be liable in 
19 
the same manner as the one actually performing the act. 
20 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
21 
and similar devices shall be subject to immediate and administrative confiscation, 
22 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
23 
however to due process and substantial evidence requirements. When legal action is 
24 
however filed in the regular courts, the said conveyances, vessels, equipments, 
25 
paraphernalia, implements, gears, tools and similar devices, independent of the 
26 
administrative proceedings, shall not be released until after judgment has been 
27 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
28 
pursuant hereto shall accrue to the Balinsasayao Twin Lakes Natural Park Fund. 
29 
Procedure for the sale thereof shall be promulgated by the PAMB. However, in no case 
30 
shall any confiscated or rescued protected animal species be sold or in any manner 
31 
disposed of but shall be immediately turned over to the PASu office for release in its 
32 
natural habitat, subject to existing regulations. 
33 
The penalties specified in this Section will be in addition to the penalties contained 
34 
in RA 9072 (National Caves and Cave Resources Management and Protection Act), RA 
35 
9147 (Wildlife Resources Conservation and Protection Act), and other related laws. 
36 
Conviction for any offense under this Act, of a public officer or officer of the law 
37 
shall carry the accessory penalty of perpetual disqualification from public office. 
12 


SEC .. 1 0-. 
Special Prosecutor and Retained Counsel. - Within thirty (30) days 
2 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
3 
prosecutor to whom all cases of violation of laws, rules and regulations in the 
4 
Balinsasayao Twin Lakes Natural Park shall be assigned. Such Special Prosecutor 
5 
shall coordinate with the PAMB and the PASu in the performance of his/her duties and 
6 
assist in the training of wardens and rangers in arrest and criminal procedures. The 
7 
PAMB may retain the services of a counsel to prosecute and/or assist in the 
8 
prosecution of cases under the direct control and supervision of the regular or special 
9 
prosecutor and to defend the members of the PAMB, the PASu and the staff, or any 
10 
person aSSisting in the protection, conservation and sustainable development of the 
11 
Balinsasayao Twin Lakes Natural Park, against any legal action related to their powers, 
12 
functions and responsibilities as provided in this Act or as delegated or tasked by the 
13 
PAMB. 
14 
SEC. 11. 
8a/insasayao Twin Lakes Natural Park Fund. - There is hereby 
15 
established a trust fund to be known as the 8a/insasayao Twin Lakes Natural Park Fund 
16 
for purposes of financing projects of the Balinsasayao Twin Lakes Natural Park. 
17 
Seventy-five percent (75%) income generated from the operation of the Balinsasayao 
18 
Twin Lakes Natural Park or management of wild flora and fauna in the Balinsasayao 
19 
Twin Lakes Natural Park shall accrue to the fund. The remaining twenty-five percent 
20 
(25%) shall go to the Integrated Protected Areas Fund (IPAF) as established in the 
21 
NIPAS Act of 1992. 
22 
Income shall be derived from visitor/tourist fees, fees from permitted sale and 
23 
export of flora and fauna and other resources from the Balinsasayao Twin Lakes 
24 
Natural Park, proceeds from the registration and lease of multiple-use areas, including 
25 
tourism concessions, fees, proceeds, and contributions from industries and facilities 
26 
directly bel'lefiting from the Balinsasayao Twin Lakes Natural Park, and such other fees 
27 
and income derived from the operation of the Balinsasayao Twin Lakes Natural Park. 
28 
The PAMB may impose and charge reasonable fees, such as but not limited to 
29 
water users fee for water extracted by commercial water extractors/distributors sourced 
30 
and generated from the protected area. Such fee structure may change as the PAMB 
31 
may see fit. 
32 
The fund may be augmented by grants, donations, endowment from various 
33 
sources, domestic or foreign for purposes related to their functions: Provided, That 
34 
disbursements therefrom shall be made solely for the protection, maintenance, 
35 
administration and management of the system, and duly approved projects endorsed 
36 
by the PAMB in accordance with existing accounting and budgeting rules and 
37 
regulations: 
Provided, Further, That the fund shall not be used to cover personal 
38 
services expenditures. 
13 


The LGUs shall continue to impose and collect all other fees not enumerated 
2 
herein which they have traditionally collected, such as business permits and rentals of 
3. 
LGUs facilities: Provided, That the LGUs shall not impose property tax and issue tax 
4 
declaration for areas or properties located in timberland areas or areas previously 
5 
classified as national parks. Furthermore, LGUs may charge add-ons to fees imposed 
6 
by the PAMB: Provided, Further, That such add-ons shall be determined based on the 
7 
contribution of the LGUs in the maintenance and protection of the Balinsasayao Twin 
8 
Lakes Natural Park. 
9 
SEC. 12. 
Existing Facilities Within the Balinsasayao Twin Lakes Natural 
10 
Park. - Within sixty (60) days from the effectivity of this Act, major existing facilities such 
11 
as roads, buildings, water systems, transmission lines, communication facilities, heavy 
, 
12 
equipment, and irrigation facilities existing within the boundaries of the Balinsasayao 
13 
Twin Lakes Natural Park shall submit project description to the PAMB through the 
14 
PASu. 
15 
The PAMB, with the assistance of the DENR, shall determine whether the 
16 
existence of such facility and its future plan and operations will be detrimental to the 
17 
Balinsasayao Twin Lakes Natural Park or whether conditions for its operation shall be 
18 
imposed. If any such conditions are violated, the owner of the facility shall be liable to 
19 
pay a fine of Five Thousand Pesos (P5,000.00) for every violation. Upon reaching a 
20 
total fine of Five Hundred Thousand Pesos (P500,000.00), the PAMB through the PASu 
21 
and deputizing other government entities, shall cause the cessation and demolition of 
22 
the facility at the cost of its owner. 
23 
Existing facilities allowed to remain within the Balinsasayao Twin Lakes Natural 
24 
Park may be charged a reasonable royalty by the DENR. All income from such royalty 
25 
shall accrue to the Balinsasayao Twin Lakes Natural Park Fund. 
26 
SEC. 13. 
Utilization of Resources. -
Any exploitation of or utilization of 
27 
nonrenewable resources within the Balinsasayao Twin Lakes Natural Park shall not be 
28 
allowed. Energy projects within the Balinsasayao Twin Lakes Natural Park shall be 
29 
allowed only through an Act of Congress except energy from wind, sun and water 
30 
sources and not more than one (1) megawatt capacity for mini- hydro power. Provided, 
31 
That these renewable energy projects are established outside the strict protection zone, 
32 
adopt reduced impact technologies and undergo the Environmental Impact Assessment 
33 
(EIA) system as provided by law; Provided Further, That the PAMB endorsement has 
34 
been obtained. 
35 
SEC. 14. 
Reporting Responsibility. - The PASu, through the PAMB, shall 
36 
submit an annual accomplishment report to the Secretary of the DENR on the activities 
37 
undertaken in the Balinsasayao Twin Lakes Natural Park. 
14 


• 
• 
SEC. 15. 
Appropriations. - The Secretary shall immediately include in the 
2 
DENR's program the implementation of this Act, the funding of which shall be included 
3 
in the annual General Appropriations Act. 
4 
SEC. 16. Construction and Suppletory Application of Existing Laws. The provisions 
5 
of this Act shall be construed liberally in favor of achieving biodiversity conservation, 
6 
protection and sustainable development Provisions of Republic Act No. 7586, otherwise 
7 
known as the National Integrated Protected Areas Management Act of 1992 and 
8 
existing forestry laws, and their corresponding rules and regulations not inconsistent 
9 
hereto shall have the suppletory effect in the implementation of this Act. 
10 
SEC. 17. 
Separability Clause. - If, for any reason, any part or section of this 
11 
Act is declared unconstitutional or invalid, such other parts not affected thereby shall 
12 
remain in full force and effect. 
13 
SEC. 18. 
Repealing Clause. -All laws, decrees, proclamations, rules and 
14 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
15 
SEC. 19. Transitory Provision. - In order to ensure the recovery and restoration of 
16 
biological diversity and to develop sustainable livelihood opportunities for tenured 
17 
migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
18 
clearances, compliance documents or any other instrument that allows exploitation and 
19 
utilization of resources within the Balinsasayao Twin Lakes Natural Park, until the 
20 
management plan shall have been put into effect. 
21 
All existing land use and resource use permits within the Balinsasayao Twin Lakes 
22 
Natural Park shall be reviewed and shall not be renewed upon their expiration, unless 
, 
23 
consistent'with the management plan and approved by the PAMB. 
24 
SEC. 20. 
Effectivity Clause. This Act shall take effect fifteen (15) days after 
25 
its complete publication in the Official Gazette or in a national newspaper of general 
26 
circulation 
available 
in 
the 
Balinsasayao 
Twin 
Lakes 
Natural 
Park. 
Approved, 
15