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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No,__4007

Introduced by REP. CESAR V. SARMIENTO.

EXPLANATORY NOTE

“Investing in forests is an insurance policy for the planet.”

Thus said UN Secretary General Ban Ki Moon in his message for the
International Day of Forests last 21 March 2016. He stressed that the protection of our
forests is fundamental to our vision for a “shared people and planet.”

In addition, the United Nations Forum on Forests has outlined the worldwide
benefits of our forests such as the 75% of the freshwater the world use every day, the
natural and cheap carbon capture and storage systems that address climate change,
the prevention of soil erosion and landslides, the guaranteed supply of food, water and
products in times of natural calamities, the 1.6 billion people being directly sustained by
the forests in terms of food and livelihoods and the clean air and forest products that
everyone benefits from. Hence, the need to conserve our forests.

The Province of Catanduanes is known to be endowed with rich forests and
biodiversity. The envisioned Catanduanes Natural Park (CNP), which is wider in
coverage than the existing Catanduanes Watershed Forest Reserve, provides the
Catandunganons and the whole country with the benefits mentioned above. In
particular, it is the major source of water for domestic, agriculture, energy and industrial
purposes for the whole Province. On the other hand, the abaca plants growing under
the forest shades are responsible for making the Province the Abaca Capital of the
World,

The CNP is also a Key Biodiversity Area. It is home to endemic species of flora
such as the Philippine hardwoods which include the Apitong, the Red and White
Lauans, Yakal and other Dipterocarps. There are also endemic species of fauna such
as the Blue-headed Racket-tails, the Gray's Monitor Lizard, Tarictic Hornbills, Southern
Luzon Cloud Rat, Philippine Serpent Eagles and others.

The CNP is considered the last frontier in the Bicol Region in terms of old-growth
and natural forest. It is imperative therefore for the CNP to be declared as a national
park pursuant to Republic Act No. 7856 or the National Integrated Protected Areas
System (NIPAS) Act of 1992 and the applicable international conventions to which the
Philippines is a signatory.

To protect and sustain our common future, the immediate passage of this bill is

eamestly sought a
a

CESAR V. SARMIENTO.



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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, 400'7

Introduced by Rep. CESAR V. SARMIENTO

AN ACT ESTABLISHING THE CATANDUANES NATURAL PARK IN THE

PROVINCE OF CATANDUANES 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 the House of Representatives of the Philippines in
Congress assembled:

SECTION 1, Title. - This Act shall be known as the “Catanduanes Natural Park
Act of 2016”.

SECTION 2. Declaration of Policy. — Considering the diversity of the unique
biological resources of the country and their aesthetic, educational, sociocultural,
economic and ecological importance, it is hereby declared the policy of the State to
ensure their protection and conservation.

In doing so, the State shall ensure the full implementation of this Act, the
mobilization of resources for the institutional mechanisms herein established, and the
full scientific and technical support needed for the conservation of biodiversity and the
integrity of the ecosystems, culture and religious practices.

SECTION 3. Scope and Coverage. — The boundaries of the Catanduanes
Natural Park, which falls under the category of natural park as defined herein, within
the Municipalities of Virac, San Miguel, Viga, Panganiban, Bagamanoc, Pandan,
Caramoran, San Andres, Baras and Gigmoto in the Province of Catanduanes, are as
follows:

Beginning at a point marked “1” on the Map, being N 39°52'32" E, 2946.95
meters from PRS'92 Control Monument "CNS- 3069" with geographic coordinates
13°36'44,09224"N and 124°11'24,63499" E located in front of Hicming Elementary
School, Brgy. Hicming, Virac, Catanduanes

thence N 20°19'25" W 2857.93 meterstocorner 2;
thence N 56°46'12" W 2502.76 meterstocorner 3;
thence S 60°31'42" W 1373.35 meterstocorner 4;
thence S 81°58'16" W 1894.24 meterstocorner 5;
thence S$ 63°24'18" W 1292.86 meterstocorner 6;
thence S 29°40'53" E 793.05 meterstocorner 7;
thence S 83°06'54" E 706.34  meterstocorner 8;
thence S$ 12°11'40" E 547.60 meterstocorner 9;
thence S 68°07'04" E 1488.51  meterstocorner 10;


thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence

$ 77°30'10"E
$ 03°21'10" W
$77°38'17" W
N 39°39'55" W
N 28°57'57" W
N 85°57'11" W
N 23°13'52" W
N 27°31'04" E
N §2°51'59" E
N 38°42'51"E
N 84°50'37" E
N 28°42'47" E
N 33°32'44" E
N 05°08'35" E
N 22°08'36" E
N 21°05'52" W
N 22°47'47" W
N 12°20'47" E
N 36°50'44" W
N 30°44'43" W
N17°42'01" E
N 08°25'37" W
N 23°37'45" W
N 02°56'08" E
N 46°30'44" E
N 48°56'48" E
N 30°16'28" E
N60°11'22" W
N 28°35'29" E
N 10°13'00" W.
N 09°37'30" W
N 73°56'44" E
N 60°19'26" E
N 27°08'06" W
S$ 65°05'42" E
N 63°35'33" E
N 29°11'03" W
N 09°13'47" W
N 52°38'48" W
N 27°36'15" W
S$ 86°36'33" E
S$ 89°19'48" E
S$ 24°57'25"E
S$ 37°11'43" E
S$ 12°30'21" E
S 10°43'06" W
S 08°43'29" E
$ 31°55'03" E
$ 22°41'11"W
$ 08°20'38" E

744,08

715.62
2166.49
2133.69
2142.18
1975.18
1582.82
2098.19
2518.85
1861.24
1241.50
1280.69
1398.08
1605.61
1507.68
1703.56

624.45

994.99
1975.65
1126.07
1646.45
1138.62
1311.36
1629.05
2367.05
2078.81

780.09
2067.37
2004.89
1458.14
1447.05
1206.76
1718.87
1500.00
1030.23
1250.58
1646.87
1014.31
1285.72

955.63
2285.53
2086.10
2009.12
1697.28
2273.21
2377.56
1740.22
1315.46
2206.44

632.43

meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to comer
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to comer
meters to corner
meters to comer
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corer
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner

23;

43;


thence
thence
thence
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thence
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thence

S 25°51'58" E
$ 51°53'10" E
S 07°56'08" W
S$ 22°50'01" W
S 16°41'57" W
$ 04°24'21" W
S$ 30°38'07" E
N 89°21'35" E
S$ 54°56'06" E
N 80°21119" E
N 20°13'29" E
N 06°27'31" E
N 14°48'48" E
N 79°32'14" E
N 58°21'46" E
$41°50'21"E
S 20°29'00" E
N 89°56'00" E
N50°17'12" E
N 09°24'51" W
N 54°21'37" E
N01°14'52"E
S 68°21'35" E
S$ 50°30'48" E
S 10°43'49" W
S 65°44'26" E
S 14°34'28" W
S 85°09'56" W
N 89°26'17" W.
S 56°38'38" W
S$ 07°54'04" E
S §3°37'52" E
S 06°07'49" E
N 73°33'32" E
S$ 13°41'49" W
S 58°26'49" W
$ 50°44'00" E
$ 09°18'07" W
S$ 43°16'45" W
N 57°54'46" W
N 67°14'SO" W
N 68°06'38" W
N 18°00'14" W
N 58°53'49" W
N 17°58'07" E
N 17°56'33" W
N 87°17'00" W
N 06°28'25" W
N 02°57'54" E
N 80°48'06" W

611.96
878.49
2468.25
2063.98
696.84
2545.75
1800.07
1169.32
1218.80
1332.95
1472.99
2155.65
1011.65
1057.68
1560.02
2269.37
836.08
505.36
1922.86
1581.29
435.47
1193.38
1600.02
1487.18
1635.27
1977.28
530.46
1630.46
1648.99
3287.78
2248.4
2105.61
2194.93
1361.89
2310.68
2223.42
715.15
950.11
1332.30
1803.10
561.10
2247.26
679.92
1142.23
647.75
523.39
696.28
1365.34
1143.19
589.99

meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner
meters to corner

62;


thence N 05°00'42" W 1475.37 meterstocorner 111;

thence S 58°16'08" W 983.60 meterstocorner 112;
thence S 30°05'39" W 1233.17 meterstocorner 113;
thence S 79°54'32" W 968.77  meterstocorner 114;
thence S 48°54'38" W 1801.71 meterstocorner 115;
thence N 23°15'33" W 1002.96 meterstocorner 116;
thence N 88°29'33" W 1229.02 meterstocorner 117;
thence S 18°43'54" W 1233.30  meterstocorner 118;
thence S 39°26'55" E 1329.36 meterstocorner 119;
thence $ 02°27'46" W 1504.81 meterstocorner 120;
thence S$ 72°35'37" E 2478.56 meterstocorner 121;
thence S 10°54'25" E 1640.30 meterstocorner 122;
thence S 15°35'34" E 1082.53 meterstocorner 123;
thence S$ 86°12'19" E 793.86 meterstocorner 124;
thence $ 11°10'35"E 1021.65 meterstocorner 125;
thence S 53°34'08" W 632.91 meterstocorner 126;
thence S 16°57'48" E 1343.64 meterstocorner 127;
thence S 42°24'23" W 821.01 meterstocorner 128;
thence S$ 49°17'50" E 1983.12 meters tocorner 129;
thence $ 05°19'11" E 1002.55 meterstocorner 130;
thence S 61°23'22" W 1873.65  meterstocorner 131;
thence S 03°04'29" W 979.44 meters tocorner 132;
thence S$ 50°41'32" W 893.16 meters tocorner 133;
thence N 32°26'28" W 1182.82 meterstocorner 134;
thence S 89°20'15" W 2097.65 meters tocorner 135;
thence N 25°55'16" W 804.34 meters tocorner 136;
thence S$ 73°15'22" W 1432.18 meters tocorner 1;

The CNP contains an area of FORTY-EIGHT THOUSAND NINE HUNDRED
TWENTY-FOUR (48,924.05) hectares. The bearings and distances are based on UTM-
GRID PRS 92 Datum.

The Department of Environment and Natural Resources (DENR), with the
assistance from other government agencies, if necessary, shall delineate and
demarcate on the ground the boundaries of the protected area. Any modification of the
coverage of this Act due to such factors as changing ecological situations, new scientific
or archeological findings, or discovery of traditional boundaries not previously taken into
account shall be made through an act of Congress, after consultation with the affected
public and concerned government agencies.

SECTION 4. Land Classification. - All lands comprising the CNP shall fall under
the classification of National Park as provided for under the 1987 Philippine
Constitution.

SECTION 5. Buffer Zone. - Buffer zones surrounding the CNP shall be
established, when necessary, pursuant to Section 8 of the NIPAS Act for the purpose of
providing an extra layer of protection around the area, where restrictions can apply and
communities can assist in repealing threats to the protected area. Such buffer zones
may include public or private lands. Management prescriptions for the buffer zones shall
be included as a component of the Protected Area Management Plan. Rights over
private lands within established buffer zones shall be recognized and respected
consistent with the Management Plan.


SECTION 7. Definition of Terms. — For purposes of this Act, the following terms
are defined as follows:

(a) “Biodiversity” shall refer to the variety and variability among living organisms
and the ecological complexes in which said organisms occur;

(b) "Biological resources" shall include genetic resources, organisms or parts
thereof, population, or any other biotic component of ecosystems with actual or potential
use or value for humanity;

(c) "Bioprospecting” shall refer to the research, collection and utilization of
biological and genetic resources for purposes of applying the knowledge derived
therefrom solely for commercial purposes;

(d) "Buffer Zones” shall refer to the identified areas outside the boundaries of
and immediately adjacent to the designated protected area pursuant to Section 8 of the
NIPAS Act that need special development control in order to avoid or minimize harm to
the protected area;

(e) "Civil Society Organization (CSO)" shall refer to the agency, institution,
foundation or a group of persons whose purpose is to assist people's
organizations/associations in various ways including, but not limited to, organizing,
education, training, research and/or resource accessing;

(f) "Collection" or “Collecting” shall refer to the act of gathering or harvesting
wildlife, its by-products or derivatives;

(g) "Conservation" shall refer to the sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;

(h) “Ecosystem” shall refer to the dynamic complex of plant, animal and
micro-organism communities and their non-living environment interacting as a
functional unit;

(i) "Endemic Species" shall refer to the species or subspecies of flora and
fauna which are naturally occurring and found only within specific areas in the country;

() "Exotic Species" shall refer to the species or subspecies of flora and fauna
which do not naturally occur within the protected area at present or in historical time;

(k) "Exploitation" shall refer to any mode of use, extraction, development,
utilization or disposition of resources, for whatever purpose, whether commercial or
otherwise;

(l) “Exploration” shall refer to the searching or prospecting for mineral
resources, as defined by law, by geological, geo-chemical or geophysical surveys,
remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other
means for the purpose of determining the existence, extent, quantity and quality thereof
and the feasibility of mining them for profit;

(m) “Habitat” shall refer to a place or type of environment where species or
subspecies naturally occurs or has naturally established its population;

(n) "Hunting" shall refer to the collection of wild fauna for food and/or
recreational purposes with the use of weapons such as guns, bow and arrow, spear and
the like;


(0) "Management Plan" shall refer to the fundamental plan, strategy and/or
scheme which shall guide all activities relating to the Catanduanes Natural Park in order
to attain the objectives of this Act;

(p) "Mineral" shall refer to all naturally occurring inorganic substance in solid,
gas, liquid, or any intermediate state excluding energy materials such as coal,
petroleum, natural gas, radioactive materials, and geothermal energy;

(q) "Multiple-Use Zone" shall refer to the area where settlement, traditional
and/or sustainable land use, including agriculture, agro-forestry, extraction activities
and other income generating or livelihood activities, may be allowed to the extent
prescribed in the management plan;

() ‘National Integrated Protected Areas System (NIPAS)” shall refer to the
classification and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to
the greatest extent possible;

(s) “NIPAS Act” shall refer to the National Integrated Protected Areas System
(NIPAS) Act of 1992 or Republic Act No. 7586, and its implementing rules and
regulations;

(t) "National Park" shall refer to the land of the public domain classified as such
in the 1987 Constitution which include all areas under the National Integrated Protected
Areas System (NIPAS) pursuant to Republic Act No. 7586 primarily designated for the
conservation of native plants and animals, their associated habitats and cultural
diversity.

(u) ‘Natural Park” shall refer to a relatively large area not materially altered by
human activity where extractive resource uses are not allowed and maintained to
protect outstanding and scenic areas of national or international significance for
scientific, educational and recreational use;

(v) "People's Organization (PO)" shall refer to the group of organized migrant
communities and/or interested indigenous peoples which may be an association,
cooperative, federation, or other legal entity, established to undertake collective action
to address community concerns and needs, and mutually share the benefits of the
endeavor,

(Ww) “Protected Area” shall refer to the identified portions of land and/or water set
aside by reasons of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human exploitation;

(x) "Protected Area Management Board (PAMB)" shall refer to the
multi-sectoral policy-making body created in accordance with the NIPAS Act of 1992;

(y) ‘Parks Operations Superintendent (POSu)” shall refer to the chief operating
DENR officer of the protected area;

(2) "Strict Protection Zone” shall refer to the natural area with high biodiversity
value which shall be closed to all human activity except for scientific studies and/or
ceremonial or religious use by the indigenous cultural communities/indigenous peoples;
may include habitats of threatened species, or degraded areas that have been
designated for restoration and subsequent protection, even if these areas are still in
various stages of regeneration;


(aa) "Tenured migrants" shall refer to forest occupants who have actually and
continuously occupied a portion of the protected area for at least five (5) years, and are
solely dependent therein for subsistence, as of the passage of this Act. A protected
area occupant is understood to be "solely dependent for subsistence" when everything
indispensable for survival for the household, including food, clothing, shelter and health,
comes only from the utilization of resources from the protected area.

(bb) "Wildlife" shall refer to the wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred or
propagated.

SECTION 8. Management of the CNP. - The management and administration of
the CNP shall be vested with the Protected Area Management Board (PAMB):
Provided, That the management of zones to be established within the CNP shall be
consultative and participatory.

SECTION 9. Participation of Local Government Units. - Local Government Units
(LGUs) shalll participate in the management of the CNP through representation in the
PANB. To allow the integration of the objectives of the CNP with the development plans
for the Island Province of Catanduanes, the LGUs shall integrate and mainstream the
Management Plan into their policies, programs and local development planning process
and shall ensure that local ordinances relating to the environment including the
allocation of funds for environmental programs are consistent with this Act and the
Management Plan as herein provided.

SECTION 10. Management Plan. - In order to achieve the objectives of this Act,
there shall be a Management Plan which shall provide a long-term basic framework on
the management of the CNP, govern all activities within the CNP and serve as guide in
the preparation of its annual operations and budget. The Management Plan shall
identify the allowed uses for each zone and shall be consistent with the nature of the
CNP as a protected area under the category of a natural park.

Within one (1) year from the effectivity of this Act, the POSu shall prepare the
Management Plan in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act in coordination with the appropriate officers of the DENR,
local communities, and experts who may offer their services. It shall contain, among
others, the following:

(a) A period of applicability for twenty (20) years subject to periodic review or
modification every five (5) years;

(b) Key management issues;

(c) Goals and objectives of management in support of Section 2 hereof:

(d) Site management strategies;

(e) Zoning in accordance with Section 11 hereof,

(f) Management programs to include enforcement of laws, habitat and wildlife
management, ecotourism, sustainable use management, infrastructure development
and maintenance, fire prevention and pest control;

(9) Mechanisms for protection tenured migrants in the exercise of their rights;

(h) Sustainable and non-destructive livelihood activities, with preference given
to sustainable abaca farming; and


().__ Regulations in furtherance of the preservation and conservation objectives
of the CNP as a protected area such as the issuance of permits, resource-use
restrictions, among others.

‘The Management Plan shall be reviewed, updated and/or approved by the PAMB
and endorsed, through the Biodiversity Management Bureau (BMB), to the DENR
Secretary. The DENR Secretary shalll issue a certification that the Management Plan
conforms to all applicable laws and rules and regulations issued by the DENR. The
Management Plan shall take effect after such certification or if no certification is issued
after thirty (30) days from the date of receipt of the Management Plan by the DENR
Secretary.

The Management Plan shall be periodically reviewed, modified and updated
every five (5) years pursuant to the NIPAS Act. The Management Plan shall not be
revised nor modified without prior consultation with the PAMB and must be in
accordance with the procedure herein set forth. It shall also be distributed to the
concerned government agencies, LGUs, CSOs, private sector and local communities,
with the goal of proper coordination and uniform management of protected area. The
BMB shall monitor the implementation of the Management Plan to ensure compliance
and consistency with biodiversity conservation objectives.

A year before the expiration of the current Management Plan, the POSu shall
cause the publication of notices for comments and suggestions on the successor plan in
a newspaper of local circulation and the posting of such notices in the provincial,
municipal and barangay halls of the local government units comprising the CNP, and in
three (3) other conspicuous areas frequented by the public within the CNP. Two public
hearings on the same calendar year shall be conducted on the successor plan. The
Management Plan shall be prepared in English, Filipino and Bicolano, plainly written,
and available for public perusal at the office of the POSu.

Section 11. Zoning. - Zones shall be established within the CNP giving primary
consideration to its protection and conservation. Zoning shall also take into account the
tenurial and livelihood concerns of communities, especially the abaca farmers, to
ensure the efficient protection of habitats, fragile ecosystems, and unique areas.

The establishment and management of zones must involve the community
concerned by undertaking such steps as dialogue consultations, and land and resource-
use mapping with the aid of Geographic Information System (GIS) and the latest
technologies. Zones shall be demarcated on the ground and indicated on maps with the
participation of communities, local government units, and other stockholders.

SECTION 12. Management of the Catanduanes Natural Park. — There is hereby
created a PAMB which shall have jurisdiction, power and authority over the
Catanduanes Natural Park for all matters that may affect biodiversity conservation,
protection and sustainable development. It shall be composed of:

(a) The Regional Director (RD) of DENR-Region 5, as Chairperson;

(b) The Governor of the Province of Catanduanes or his/her duly-authorized
regular representative;

(c) The Provincial Planning and Development Coordinator (PPDC) of the
Province of Catanduanes;


(d) The Mayors of the Municipalities of Virac, San Miguel, Viga, Panganiban,
Bagamanoc, Pandan, Caramoran, San Andres, Baras and Gigmoto in the Province of
Catanduanes or their duly-authorized regular representatives;

(e) The Punong Barangays of the barangays covering the Catanduanes Natural
Park or their duly-authorized regular representatives;

(f) One representative from each department or national government agency
directly involved in the Catanduanes Natural Park or has long term projects or
permanent facility located therein;

(g) One representative from local CSOs operating in the Catanduanes Natural
Park, which has been existing for five (5) years with track records related to the
protection and management of the protected area; and

(h) One representative from the accredited people's organizations (POs),
chosen among themselves; Provided, That the POs involved are operating in the
Catanduanes Natural Park and have been existing for five (5) years with track records
related to the protection and management of the protected area

Except for government officials who shall serve ex officio, every PAMB member
shall serve for a term of five (5) years; Provided, That he/she remains connected with
the sector he/she is supposed to represent; Provided, further, That the term of office of
an CSO or PO representative in the PAMB shall be coterminous with the duration or
existence of the organization's projects within the CNP. 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: Provided, That he/she shall only
serve for the remaining term.

The representatives from the local government units (LGUs) and national
agencies to the PAMB shall inform their respective constituents or office of
PAMB-approved or other relevant policies, rules, regulations, programs and projects.
They shall ensure that the provisions of this Act, the NIPAS Act and its Implementing
Rules and Regulations are observed, complied with, and used as reference and
framework in their respective plans, policies, programs and projects.

The members of the PAMB shall not receive any salary but shall be entitled to
reimbursements for actual and necessary expenses incurred, either in their attendance
in meetings of the PAMB or in connection with other official business authorized by a
resolution of the PAMB, subject to existing accounting and auditing rules and
regulations. These expenses shall be included in the CNP budget.

SECTION 13. Powers and Functions of the PAMB. - The PAMB of the
Catanduanes Natural Park, which shall decide by consensus or majority vote of the
members present constituting a quorum of majority of all the members, shall have the
following powers and functions in addition to those provided under the NIPAS Act of
1992 and its Implementing Rules and Regulations:

(a) Approve the Management Plan and Annual Work and Financial Plan,
allocate resources and oversee the Office of the POSu;

(b) Issue all rules and regulations to prohibit and regulate the acts that may
be prejudicial to the CNP;

(c) Adopt Rules of Procedures in the conduct of business, including the
creation of committees to which its powers may be delegated;


(a) Manage the allocation of the Catanduanes Natural Park
Retained/Retention Income Account, and other funds for the protected area, ensure
their proper administration and render proper accounting procedures;

(e) Establish the criteria for the issuance of the necessary permits for the
activities regulated by this Act or the Management Plan;

()  Deputize, through the POSu, appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the conduct or management of
the CNP;

(g) | Approve reasonable fees and charges and raise funds for the protected
area in accordance with existing DENR guidelines; and

(h) Recommend appropriate policy changes to the DENR and other national
government agencies

The DENR, through the Regional Director, shall ensure that the PAMB acts
within the scope of its powers and functions. In case of conflict between the resolutions
issued by the PAMB and the existing rules and regulations of national application, the
latter shall prevail.

SECTION 14. The Catanduanes Natural Park Management Office (CNPMO). —
There is hereby established a Protected Area Management Office in the Catanduanes
Natural Park, to be headed by a Parks Operations Superintendent (POSu). The
CNPMO shall have a complement staff, supported by field officers, who shall be
performing the day-to-day management, protection and administration of the
Catanduanes Natural Park, Upon recommendation of the PAMB, the DENR Regional
Director shall deputize local community leaders and environment and natural resources
officers. The CNPMO shall have the following itemized positions:

.. Parks Operations Superintendent (POSu) (1)
. Assistant POSu (1)

. Senior Ecosystems Management Specialist (1)
|. Ecosystems Management Specialist I! (1)
Ecosystems Management Specialist | (1)
Biologist (1)

Forester (2)

. Forest Ranger (13)

Hydrologist (1)

Economist (1)

. Community Development Officer (1)

Project Evaluation Officer (1)

GIS Specialist (1)

Administrative Officer (1)

. Administrative Assistant II (1)

. Administrative Assistant | (1)

|. Administrative Aide (1)

Utility Worker (2)

meposg-eTrse>-eo0oD

SECTION 15. Parks Operations Superintendent (POSu). - The DENR shall
appoint a POSu who shall be primarily accountable to the PAMB and the DENR for the
implementation of the management plan and operations of the Catanduanes Natural
Park. As such, the POSu shall have the following duties and responsibilities in addition
to those provided under the NIPAS Act and its Implementing Rules and Regulations:

(a) Prepare the Management Plan as herein defined;

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(b) Prepare and recommend the rules and regulations of the Catanduanes
Natural Park;

(c) Provide a secretariat for the PAMB and its committees and provide the
PAMB with all the necessary information to make appropriate decisions for the
implementation of this Act;

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

(e) Monitor all activities within the CNP to ensure its conformity with the
Management Plan;

(f) Issue permits, including cutting permits when warranted, for activities that
implement the Management Plan and other permitted activities in accordance with the
terms, conditions and criteria established by the PAMB: Provided, that all extraction
activities, including collection for research purposes shall continue to be issued by
relevant government authorities in accordance with the specific Acts made for the
purpose;

(g) Enforce the laws, rules and regulations relevant to the Catanduanes Natural
Park, commence and institute legal actions independently or in collaboration with other
government agencies or organizations and assist in the prosecution of offenses
committed in violation of this Act;

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

(i) Develop and implement a park information, education and visitor programs;

() Establish a productive partnership among stakeholders and ensure the
integration of the CNP management policies, regulations, programs and projects to all
the concerned national and Local Government Units; and

(k) Performs such other functions as the PAMB may delegate.

SECTION 16. integrated Protected Area Fund of the Catanduanes Natural Park.
— The Integrated Protected Area Fund (IPAF) shall be established as a trust fund and
shall be disbursed solely for the protection, maintenance, administration and
management of Catanduanes Natural Park and the System. Alll incomes generated from
the operation of the system or management of wild flora and fauna in the CNP shall
accrue to the Fund. These income shall be derived from proceeds from fees from
permitted sale and export of flora and fauna and other resources from the protected
area and its buffer zones other than protected species as may be set by the DENR and
the PAMB, proceeds from lease of multiple-use areas, contributions from industries and
facilities directly benefiting from the protected area and such other fees and incomes
derived from the operation of the protected area

Seventy-five percent (75%) of the funds collected shall form part of the
Catanduanes Natural Park Sub-fund which shall be solely disbursed for its use. The
remaining twenty-five percent (25%) of the revenues shall be deposited as a special
account in the National Treasury as share in the Integrated Protected Area Fund for
purposes of financing the project of the System.

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The Catanduanes Natural Park may receive grants, donations, endowment from
various sources, domestic or foreign, for purposes related to their functions: Provided,
That 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 concerned LGUs shall appropriate portions of their share from the annual
internal revenue allotment and other income for use of the Catanduanes Natural Park:
Provided, That all funds directly coming from the LGUs shall be exempted from the
twenty-five percent (25%) remittance requirement for the Integrated Protected Areas
Fund Special Account in the General Fund (IPAF-SAGF).

The concerned LGUs may also continue to impose and collect all other fees not
enumerated herein but they have traditionally collected, such as business permits,
property tax, and rental of LGU facilities: Provided, That the LGUs shall not impose
property tax and issue new tax declaration for areas covered by the CNP: Provided,
further That LGUs may charge additional fees to those imposed by the PAMB
Provided, finally That such additional fees shall be determined based on the contribution
of the LGUs in the maintenance and protection of the protected area

SECTION 17. Tax Exemption - All grants, bequests, endowments, donations
made to the CNP Fund to be used actually, directly, and exclusively by the CNP shall
be exempt from donor's tax and shall be considered as allowable deduction from the
gross income of the donor for the purposes of computing the taxable income of the
donor in accordance with the provisions of the National Internal Revenue Code of 1997,
as amended.

SECTION 18. Tenured Migrants and Other Catanduanes Natural Park
Occupants. - Tenured migrants shall be eligible to become stewards of portions of
lands within allowable zones, with due preference given to abaca farmers. The PAMB
shall identify, verify and review all tenurial instruments, land claims, and issuances of
permits for resource use within the Catanduanes Natural Park and recommend the
issuance of the appropriate tenurial instrument consistent with the zoning provided in
the Management Plan.

In no case shall the tenurial instruments or the rights and interests therein be
transferred, sold, leased, encumbered, or made as a collateral, security or joint venture
capital, otherwise it shall be void.

Should areas occupied by tenured migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development, provision for the transfer of said tenured migrants to multiple use zones or
buffer zones shall be accomplished through just and humane means.

In the event of termination of a tenurial instrument for cause or by voluntary
surrender of rights, the POSu shall take immediate steps to rehabilitate the area in order
to return it to its natural state prior to the cultivation or other act by the tenured migrant.

Protected area occupants other than tenured migrants who had been occupying
a portion of the protected area prior to the effectivity of this Act shall be resettled outside
the protected area.

Within three (3) months from the passage of this Act, the POSu shall submit to

the PAMB the final list of tenured migrants which shall become the official list upon
approval of the Regional Director.

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SECTION 19. Existing Facilities Within the Catanduanes Natural Park, — Within
ninety (90) days from the effectivity of this Act, existing facilities such as roads, buildings
and structures, water systems, transmission lines, communication facilities, heavy
equipment, and irrigation facilities within the boundaries of the Catanduanes Natural
Park shall be inventoried and the inventory with project descriptions shall be submitted
to the PAMB through the POSu

Within the said period, all commercial facilities existing within the boundaries of
the CNP with a total capitalization of not less than One hundred thousand pesos
(P100,000.00) shall submit to the PAMB, through the POSu, a sworn statement
containing the following information, as may be applicable:

(a) Potential for disbursement of protected species and other habitats,
reproductive cycles, nesting and feeding grounds and migratory paths;

(b) Noise levels at all stages of operation;

(c) Emissions and effluent at all stages of operation;

(d) Energy requirements and sources of energy;

(e) Water supply requirements and sources of water;
(f) Volume of resources extracted from the CNP; and
(g) Future plans for the next five (5) years.

Based on these submissions, the PAMB, with the assistance of the DENR, shall
determine whether the existence of such facility and its future plan and operation will be
detrimental to the CNP.

Failure to submit the required information shall constitute a violation of this Act
and subject to applicable penalties imposed herein. The PAMB may prescribe further
conditions for the operation of the facility to ensure that it does not contradict the
management objectives of the CNP. Without prejudice to the filing of the necessary
case, if any of such conditions is violated, an administrative fine of Five thousand pesos
(P5,000.00) for every day of violation shall be imposed upon the owners of said facility
but not to exceed a total of Five hundred thousand pesos (P500,000.00). At any time
whenever necessary, the PAMB, through the POSu or other government entities, shall
cause the cessation and demolition of the facility at the cost of its owners.

If the owner of the facility detrimental to the CNP is the government, the agency
in charge shall submit a plan for a substitute facility that would not be detrimental to the
CNP and undertake the building thereof within one year from the PAMB's decision to
cease operations.

Existing facilities that rely heavily on resources within the CNP which are allowed
to remain within the CNP may be charged reasonable fees or subject to reasonable
conditions by the PAMB. All incomes derived from such fees shall accrue to the
Catanduanes Natural Park Retention Income Account.

SECTION 20. Renewable and Nonrenewable Resources. — Energy projects
within the Catanduanes Natural Park shall only be allowed through an act of Congress
except for renewable energy projects which the PAMB may allow and with concurrence
of the DENR Secretary: Provided, That these renewable energy projects located outside
the strict protection zone (SPZ) shall adopt reduced impact technologies, undergo

13


Environmental Impact Assessment (EIA) and other requirements provided by law, and
shall not be detrimental to ecosystem functions and biodiversity.

SECTION 21. Special Prosecutor and Retained Counsel. - Within thirty (30)
days from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a
special prosecutor to prosecute all cases of violation of laws, rules and regulations in
the Catanduanes Natural Park. Such special prosecutor shall coordinate with the PAMB
and the POSu in the performance of duties and assist in the training of wardens and
rangers in arrest and criminal procedures. The PAMB may retain the services of
counsel to prosecute and/or assist in the prosecution of cases under the direct control
and supervision of the regular or special prosecutor and to defend the members of the
PAMB, the POSu and the staff, or any person assisting in the protection, conservation
and sustainable development of the Catanduanes Natural Park, against any legal
action related to their powers, functions and responsibilities as provided in this Act or as
delegated or tasked by the PAMB.

SECTION 22. Utilization of Resources. — Except for protected species or
Whenever detrimental to the ecosystem, use of resources derived from the CNP by
tenured migrants for their domestic needs or for their subsistence shall not be restricted

Livelihood activities requiring the use of resources derived from the CNP shall be
allowed only when sustainable consistent with the Management Plan and only upon
prior PAMB approval. The DENR and other concerned agencies shall provide the
necessary assistance so that sustainability is ensured while the tenured migrants
continue with their livelihood activities.

No exploration, exploitation or utilization of non-renewable resources within the
CNP for commercial purposes or by non-tenured migrants shall be allowed. Commercial
utilization of resources by tenured migrants shall be allowed only upon prior PAMB
approval and in accordance with the Management Plan.

Commercial exploitation of water resources within the CNP shall require prior
PAMB approval, must be in accordance with the Management Plan.

SECTION 23. Prohibited Acts and Penalties. — The following shall be the
prohibitions and penalties applicable within the CNP:

(a) A fine of not less than Five thousand pesos (5,000.00) but not more than
Five hundred thousand pesos (P500,000.00) and imprisonment of not less than six (8)
years and one (1) day but not more than twelve (12) years shall be imposed upon any
person who:

(1) Hunts, collects, destroys, kills, traps, disturbs or possesses
anywhere within the CNP any wild plant or animal or product derived therefrom
without prior PAMB permit

(2) Possesses without a permit from PAMB any wild plant or animal or
product derived therefrom outside the CNP or any zone of CNP where the specie
is not endemic

(3) Cuts, gathers, collects or removes timber or other forest products
as well as undertakes any activity not compatible with the use of the respective
zones within the CNP without prior PAMB permit.

(4) Establishes or introduces exotic species within the CNP with

allelopathic effect or those detrimental to endemic species, or without prior PAMB
permit.

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(8) Engages in kaingin or in any activity that causes forest fire inside
the CNP

(b) A fine of not less than Five thousand pesos (P5,000.00) but not more than
‘Two hundred fifty thousand pesos (P250,000.00) and/or imprisonment of not less than
six (6) months but no more than six (6) years and the restoration and rehabilitation of
the damage 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 CNP.

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

(4) Uses or possesses a motorized equipment anywhere within the
Strict Protection Zone of the CNP without a prior permit from the PAMB.

(8) Uses or possesses chainsaws and band saws without prior PAMB
permit.

(6) Grazing or raising of poultry and other livestock for commercial
purpose within the CNP without prior PAMB permit

(7) Damaging or leaving roads and trails in damaged condition.

(8) Occupies any portion of land inside the CNP without a prior PAMB
permit. Clearing, construction of residence or any introduction of improvements
shall constitute prima facie evidence of occupation or settlement.

(9) Altering, removing, destroying or defacing boundaries, marks or
signs.

(10) Constructs and maintains a building, edifice or any kind of structure
or conducts any business enterprise within the CNP without prior PAMB permit.

(11) Enters the CNP without prior PAMB permit for purposes of trekking,
mountain climbing, camping, spelunking, and the like.

(12) Conducts bio-prospecting within the CNP without prior PAMB
permit in violation of existing guidelines.

(13) Engages in treasure hunting within the CNP.

(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) and/or imprisonment of not
less than six (6) months but not more than six (6) years shall be imposed upon any
public officer, or officer of law, who, in dereliction of the duties of his office shall
maliciously refrain from instituting prosecution for the punishment of violators of the law,
or shall tolerate the commission of offenses. Conviction of this offense shall also carry
the penalty of perpetual disqualification from public office.

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(d)___A conviction under this Section shall likewise carry the penalty of eviction
from the CNP, payment of damages for rehabilitation and restoration, and the forfeiture
of all equipment, device weapon/s used in the commission of the offense as well as the
protected area resources caught in the possession of the accused.

(e) Valuation of damages for this Act shall take into account biodiversity and
conservation considerations as well as aesthetic and scenic value. Valuation assessed
by the DENR or the concerned government agency shall be presumed correct unless
otherwise proven by preponderant evidence.

(f) Any person who shall induce another or conspire to commit any of the
illegal acts prohibited in this Act or suffer their workers to commit any of the same shall
be liable in the same manner as the one actually performing the act. In case the
offender is not a citizen of the Philippines, 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 his/her employees and laborers.

(g) | The POSu or his/her duly deputized personnel may arrest even without a
warrant any person who has committed or is committing in his/her presence any of the
offenses defined in this Section. He/she may also seize and confiscate in favor of the
Government, the tools and equipment used in committing the offense and the resources
caught in the possession of the offender and file the necessary charges therefor:
Provided, That the DENR may impose administrative fines and penalties in accordance
with law.

(h) In case of conviction, the penalty consisting of fines and damages shall
directly accrue to the IPAF as provided therein.

(i) The penalties specified in this section will be in addition to the penalties
contained in Republic Act No. 9072 (National Caves and Cave Resources Management
and Protection Act), Republic Act No. 9147 (Wildlife Resources Conservation and
Protection Act), P. D. 705 (Revised Forestry Code of the Philippines), and other related
laws.

SECTION 24. Reporting Responsibility. - The POSu shall report and submit an
annual accomplishment report to the PAMB and the DENR Secretary on the activities
undertaken in the Catanduanes Natural Park.

In addition, a report on the conditions and benefits of the biological resources of
the Catanduanes Natural Park shall be submitted by the POSu, through the PAMB, to
the DENR Secretary every six (5) years

SECTION 25. Appropriations. - The DENR Secretary shall include in its program
the implementation of this Act, the funding of which shall be charged against the
Integrated Protected Areas Fund authorized under Section 16 hereof and from the
appropriations authorized under the annual General Appropriations Act.

SECTION 26. Construction and Suppletory Application of Existing Laws. - The
provisions of this Act shall be construed liberally in favor of tenured migrants with due
consideration to the protection of biodiversity. The NIPAS Act shall be suppletory in the
implementation of this Act.

SECTION 27. Transitory Provision. - In order to ensure the recovery and

restoration of biological diversity and to develop sustainable livelihood opportunities for
tenured migrants, the DENR shall henceforth cease to issue concessions, licenses,

16


permits, clearances, compliance documents or any other instrument that allows
exploitation and utilization of resources within the Catanduanes Natural Park until the
Management Plan have been put into effect.

All existing land-use and resource use permits within the Catanduanes Natural
Park shall be reviewed and shall not be renewed upon their expiration unless consistent
with the Management Plan and approved by the PAMB.

SECTION 28. Repealing Clause. — All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly

SECTION 29. Separability Clause. — If any part or section of this Act is declared
by the courts as unconstitutional, such declaration shall not affect the other parts or
sections hereof.

SECTION 30. Effectivity Clause. - This Act shall be translated in Filipino and
Bicolano and shall be published once every week for three (3) executive weeks in a
newspaper of general circulation which is readily available in the areas in and around
the CNP. This Act and its translations shall likewise be simultaneously posted in a
conspicuous place in the provincial, municipal and barangay halls within the CNP area
as well as in three (3) other places frequented by the public. Fifteen (15) days after the
last publication and posting, this Act shall have full force and effect.

Approved,

17