Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

5512

HOUSE BILL No. 20 **

Introduced by the Honorable Ann K. Hofer

EXPLANATORY NOTE

It is embodied in Section 16, Article II of the 1987 Constitution that the State shall
protect and advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature.

‘The Naga-Kabasalan Protected Landscape has a contiguous area of Five Thousand Five
Hundred and Five 44/100 (5,505.44) hectares, more or less covering the Barangays of
Sandayong, Tilubog and Tipan in the Municipality of Naga and Barangays Tampilisan and
Diampak in the Municipality of Kabasalan, all within the Province of Zamboanga Sibugay.
The entire area also covers two (2) watersheds, Tipan and Busyawan, with perennial springs
draining towards Bacalan River and ends to Sibugay Bay. Other attributes consist of cave and
biological resources, both beneath and surface areas, not to mention the cultural resource which
has potential to be developed for ecological tourism.

In the initial assessment conducted by DENR Region IX together with the concerned
local government units of Zamboanga Sibugay in 2006, it was identified that the biological,
physical, and cultural resources are at risk and may face severe damage and extinction in the
near future if current economic destructive activities will be left unabated. Initial biodiversity

survey also showed a declining population of cave dwelling bats due to over collection


This bill therefore seeks to declare the Naga-Kabasalan Protected Landscape as a
protected area under the category of protected landscape pursuant to Republic Act 7586,
otherwise known as the “National Integrated Protected Areas System (NIPAS) Act of 1992.”
This will provide proper management, conservation, protection and utilization of natural
resources within the protected area. As Naga-Kabasalan Protected Landscape functions both
as watershed and habitat to endemic flora and fauna, its significance is vital to sustain life
within Zamboanga Sibugay.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

ne
ANN K. HOFER

Second District, Zamboanga Sibugay


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

Seventeenth Congress
First Regular Session

5512

HOUSE BILL N

Introduced by the Honorable ANN K. HOFER

AN ACT
DECLARING THE NAGA-KABASALAN PROTECTED LANDSCAPE LOCATED
IN THE PROVINCE OF ZAMBOANGA SIBUGAY AS A PROTECTED AREA,
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as “Naga-Kabasalan Protected
Landscape Act.”

SEC. 2. Declaration of Policy. It is hereby declared 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. For this purpose, the state shall secure for the present and future
generations of Filipinos the utilization of natural resources within the landscape in
municipalities of Naga and Kabasalan, Province of Zamboanga Sibugay to ensure the
conservation, protection and preservation of natural biological, physical, and cultural diversity
within the area.


1s SEC. 3. Scope. The boundaries of Naga-Kabasalan Protected Landscape are as follows:

‘TECHNICAL DESCRIPTION
Tie Point: Comer 1 with coordinates of 122 44° 5.38” E,7 53” 10.097°N
Projection: GCS, DATUM: WGS 84 ZONE 51
CORNER FROM TO BEARING DISTANCE

1 1 2 N 19-2-24 W 438.43
2 2 3 N 12-50-39 W 601.14
3 3 4 N 35-48-40 W 1546.48
4 4 } 'N 52-22-40 E 445.61
5 a 6 N 30-59-51 W 330.85,
6 6 ua N38-6-31 E 762.67
7 7 8 1N 35-56-30 E. 226.64
8 8 9 N7-0-21 W 345.96
9 9 10 N 9-36-25 W 399.24
10 10 u N 80-59-5 W 1005.52
mn i 12 N 37-38-57 W 482.96
12 12 B N 46-44-15 W 255.06
B 13 4 N13-17-0E 808.27
4 14 15 N4-14-4E 295.80
15 15 16 N4-44-8 W 198.96
16 16 17 1N 77-28-3 E 1346.05
7 7 18 N 87-59-51 E 2309.30
18 18 19 '$ 89-6-30 E 1823.42
19 19 20 N 89-21-32 W. 5363.45
20 20 21 N41-8-36 E 506.59
21 21 22 N10-1-21E 813.16
2 22 23 N 73-29-44 E 298.03
23 23 24 N 55-37-11 E 243.65
24 24 25 N 44-35-32 E 1727.35
25 25 26 S 11-26-44 W 588.62
26 26 27 S 48-34-29 W 489.02
27 27 28 S 70-38-22 W 281.97
28 28 29 $ 30-10-21 W 357.62
29 29 30 S 62-31-38 E 405.20
30 30 31 S$ 9-5-19 W 364.07
31 31 32 S57-24-3 W 1003.02
32 32 33 S$ 21-19-54 E 232.14
33 33 34 S$ 35-58-37 W 969.38
34 34 35 S 65-19-57 W 863.25
35 35 36 S$ 3-20-31 E 797.46
36 36 37 $ 8-49-13 E 341.07
37 37 38 S 75-27-56 W 486.25
38 38 39 $ 85-51-19 W 402.01
39 39 40 S 64-26-24 W 296.30
40 40 41 '§ 80-37-15 W 832.88
41 41 42 S$ 62-9-57 W 470.38
a2 42 4B N 59-33-30 W 814.40
43 43 44 N42-6-31 W 233.24
44 44 45 N 34-15-40 W 277.81
45 45 46 N 56-18-36 W 227.96
46 46 47 N 54-9-44 W 369.43
47 47 1 N40-1-33 W 502.70



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The total land area of the Naga-Kabasalan Protected Landscape is Five Thousand Five
Hundred and Five 44/100 (5,505.44) hectares, more or less covering the barangays of
Sandayong, Tilubong and Tipan, Municipality of Naga and Barangays Tampilisan and
Diampak, Municipality of Kabasalan, all within the Province of Zamboanga Sibugay. The
entire area also covers two (2) watersheds, Tipan and Busyawan, with perennial springs
draining towards Bacalan River that ends to Sibugay Bay.

SEC. 4. Definition of Terms. As used in this Act, the following terms shall mean:

(a) General Management Plan refers to the basic long-term framework plan for the
management of the protected area and serves as guide in the preparation of the
annual operations plan and budget;

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

(c) National Integrated Protected Areas System refers to the classification and
administration of all designated protected areas established pursuant to Republic
Act No. 7586, otherwise known as the “National Integrated Protected Areas System
Act of 1992,” to maintain essential ecological processes and life-support systems,
to preserve genetic diversity, to ensure sustainable use of resources and to maintain
the natural conditions to the greatest extent possible;

(d) Non-government Organization (NGO) refers to any civic, development or
philanthropic organization which is multi-sectoral in character;

(e) People’s Organizations (POs) refer to organizations of members of the local
community whose purpose is to protect or advance the interest of specific sectors
such as, but not limited to, farmers, fisherfolks, women and the like;

(f) Protected Area Management Board refers to the management body within the site,
responsible for the planning and management of its expenditure program and
decisions on matters relating to planning, protection, and general in accordance with
the approved management plan;

(g) Protected Area Superintended refers to the chief operating officer of the
Department of Environment and Natural Resources (DENR) for the Naga-
Kabasalan Protected Landscape; and

(h) Protected Landscape refer to areas of national significance characterized by the
harmonious interaction of man and land while providing opportunities for

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enjoyment through recreation and tourism within the normal lifestyle and economic
activity of these areas.

SEC. 5. Protected Area Management Board. A Protected Area Management Board
(PAMB) for the Naga-Kabasalan Protected Landscape shall be created and shall serve as the
policy-making body of the protected area. It shall be composed of the following: The Regional
Executive Director (RED) for DENR Region IX as chairperson; the Zamboanga Sibugay
Provincial Planning Development Coordinator; one (1) representative each from the municipal
governments of Naga and Kabasalan, to be appointed by their respective sangguniang bayan;
‘one (1) representative from each barangay covering the protected area, to be appointed by their
respective barangay councils; at least three (3) representatives from people’s organizations
(POs) or non-government organization (NGO) and local community organizations duly
endorsed by heads of their organizations which are preferably based in the area or which have
established and recognized interest in the protected area: two (2) representatives from the
Indigenous People and Elders duly endorsed by National Commission on Indigenous Peoples
(NCIP); one (1) representative from other national government agencies involved in protected
area management, to be appointed by the Secretary of DENR upon recommendation of the
head of office of the concerned agencies.

Except for any government official who shall serve in ex officio capacity, every member
of the PAMB shall be appointed by the Secretary of DENR and shall serve for a term of five
(5) years without compensation, except for actual and necessary traveling and subsistence
expenses incurred in the performance of their duties; Provided, That the person remains
connected with the organization being represented. In the case of members who are government
officials, their appointment shall be coterminous with their term of office. Whenever a vacancy
‘occurs during the term of a non-government PAMB member, a new member shall be chosen
in the same manner as the original selection process; Provided, That the person shall only serve

for the remaining term.

SEC. 6. Powers and Functions of the PAMB. The PAMB for the Naga-Kabasalan
Protected Landscape shall exercise the following powers and functions:
(a) Decide matters related to planning, resource protection and general administration
of the area in accordance with the management plan adopted pursuant to NIPAS
Act of 1992;


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(b) Approve proposals, work plans, action plans, and guidelines for the management of
the Naga-Kabasalan Protected Landscape in accordance with the approved
management plan;

(c) Promulgate rules and regulations to promote and implement development programs
and projects on biodiversity conservation and sustainable development as well as
developmental and other related activities within the area, consistent with the
approved management plan;

(d) Ensure the implementation of programs, as prescribed in the management plan, in
order to provide employment to the people dwelling in and around the area;

() Monitor and evaluate the performance of protected area personnel, NGOs and
communities in providing for biodiversity conservation and promoting
sociocultural development and economic development of the people and report their
assessment to the NIPAS Policy and Program Steering Committee (NPPSC) and
the Integrated Protected Areas Fund (IPAF) Governing Board created pursuant to
the NIPAS Act of 1992; and

(®) Approve proposals for funding and budget allocation and exercise responsibility
over all funds that may accrue to the protected area donated for the purpose of the
above policy declaration.

The DENR, through RED for Region [X, shall exercise the authority to oversee the
PAMB to ensure that it is acting within the scope of its powers and functions. In case of a
conflict between administrative orders for national application issued by the DENR pursuant
to the NIPAS Act of 1992 and the rules and regulations issued by the PAMB, the PAMB shall
notify the Secretary of DENR who shall decide whether to apply the rule or withdraw it for
purposes of the Naga-Kabasalan Protected Landscape. The decision of the Secretary of DENR
shall be guided by a preference to local initiative and specific policies enacted by the PAMB.
The decision of the Secretary shall be appealable to the Regional Trial Court exercising
jurisdiction over the protected area.

SEC. 7. Protected Area Superintendent (PASu) Office. There is hereby established a
Protected Area Superintendent’s Office in charge of the management, protection, and
administration of the Naga-Kabasalan Protected Landscape. The PASu shall be supported by
the existing personnel of the DENR. The head of office shall be the chief operating officer of


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the Naga-Kabasalan Protected Landscape and shall be accountable to the DENR RED for
Region IX and the PAMB. The PASu shall have the following powers and functions:

(a) Prepare the management and successor plans as herein provided;

(b) Act as the secretariat for the PAMB with duty to provide the PAMB with all
information necessary for it to make appropriate decisions when necessary,

(c) Supervise the necessary personnel to support the operations of the office;

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

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

(f) Enforce the laws and the rules and regulations relevant to the protected area and
assist in the prosecution of offenses;

(g) Monitor all activities within the protected area to ensure compliance with the
management plan; and

(h) Perform such other functions as PAMB may assign.

SEC. 8. Management and Successor Plans. The PASu shall prepare the management
plan in consultation with the appropriate offices of the DENR and local experts including, but
not limited to, POs, NGOs and other government agencies. The management plan shall be
reviewed, approved, and adopted by the PAMB and certified by the Secretary of DENR. Such
certification shall declare that the management plan conforms to all laws, rules and regulations
of national application issued by the DENR. The management plan shall not be revised nor
modified without prior consultation with the PAMB.

‘The PASu, in coordination with all concemed offices, shall prepare all successor plans
‘one (1) year before the expiration of the current plan. The PASu shall cause the publication of
notices for comments and suggestions on the next successor 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
successor plan upon the written request of any interested party. A final plan shall be made
available for public comment at the Office of the PASu upon its approval by the PAMB.

Within one (1) year from the effectivity of this Act, the management plan shall be put
into effect in accordance with the Republic Act No. 7586 or the NIPAS Act of 1992 and the
procedure herein set forth.


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SEC. 9. Prohibited Acts and Penalties. The following are the prohibited acts and
penalties applicable in the Naga-Kabasalan Protected Landscape:

(a) The penalties in Article 309, on theft and Article 310, on qualified theft, of the
Revised Penal Code, depending on the value of the resource taken, damaged or
destroyed, shall be imposed upon any person who found guilty of:

(1) Hunting, destroying, trapping, disturbing or possessing anywhere with the
Naga-Kabasalan Protected Landscape of any wild plant, animal or product
derived therefrom without a permit from the PAMB;

(2) Cutting, gathering, collecting or removing timber or forest products without
permit. A permit is given only for scientific purposes necessary to promote
protected area management;

(3) Mineral exploration, extraction, drilling or prospecting for minerals within the
protected area;

(4) Constructing and maintaining any kind of road, structure, fence or enclosure
without permit from the PAMB. Structures within ancestral domains used by
indigenous cultural communities do not need a permit from the PAMB; and

(5) Altering, mutilating, excavating, removing, destroying or defacing boundaries,
marks, signs, natural formation, burial grounds, religious sites, artifacts, and
objects belonging to indigenous cultural communities and other objects of
natural and scenic value.

(b) A fine of not less than One hundred thousand pesos (Php 100,000.00) but not more
than Five hundred thousand pesos (Php 500,000.00), or imprisonment of not less
than one (1) year but not more than five (5) years, or both, shall be imposed upon:

(1) Any person who found guilty of raising poultry and grazing livestock within
the protected area without a permit from the PAMB; and

(2) Any public officer who, in dereliction of the duties of office, shall
maliciously refrain from instituting acts necessary to prosecute the violators
of this Act or shall tolerate the commission of the offenses herein provided.
Conviction for this offense shall also carries the penalty of perpetual
disqualification from public office.

(c) A fine of not less than One hundred thousand pesos (Php 100,000.00) but not more
than Five hundred thousand pesos (Php 500,000.00), or imprisonment of not less
than one (1) year but not more than five (5) years, or both, and the restoration and


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rehabilitation of the damage shall be imposed upon any person who commits the
following acts:

(1) Violating any of the rules and regulations in the management plan by the
PAMB or agreements reached with the PAMB in the exercise of its
adjudicative functions;

(2) Dumping, burning, and disposing of any poisonous chemicals and waste
products, vegetation and materials within the protected area to the
detriments of the inhabitants, plants and animals therein;

(3) Engaging in illegal and destructive fishing practices, such as the use of filter
nets and at times, dynamite fishing that caused fishery resources to plunge
in terms of catch rates and volume;

(4) Use of motorized equipment without a permit except motorized vehicles
within the national highway, provincial road or other public thoroughfare
traversing the park: Provided, That such thoroughfares were legally
constructed;

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

(6) Entering the protected area without a permit from the PAMB.

Any person who induces or conspires with another person to commit any of the acts
prohibited in this section or cause workers to commit any of such acts shall be liable in the
same manner as the one actually performing the act.

‘The valuation of the damage resulting from any of the acts prohibited herein shall take
into account biodiversity and conservation considerations as well as aesthetic and scenic valies.
Conviction for any of these acts shall likewise carry penalty of eviction from the protected area
and forfeiture in favor of the government of transportation facilities, structures, building
materials, equipment, devices and weapons used in the commission of the offense.

The local government unit responsible for the arrest of a violator and the confiscation
of materials used in the commission of the offense is entitled to have a fifty percent (50%)
share from the proceeds in the disposition of confiscated materials. The other fifty percent
(50%) accrues to the Naga-Kabasalan Protected Areas Fund.

‘The above prohibitions exclude activities identified in the management plans and such
other measures that are necessary for protection and preservation of protected area, which are

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undertaken by the PASu or other persons deputized by the PAMB. The certified customs and
traditional practices of indigenous cultural communities are also allowable activities over
which the above prohibitions shall not apply.

SEC. 10. Special Prosecutor. Within thirty (30) days from the effectivity of this Act,
the Department of Justice (DOJ) shall appoint a special prosecutor to whom all cases of
violations of laws, rules and regulations in the protected area shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of the person’s
duties and assist in the training of wardens and rangers in arrest and criminal procedures

SEC. 11. Naga-Kabasalan Protected Areas Fund. There is hereby established a trust
fund to be known as the Naga-Kabasalan Protected Areas Fund for purposes of financing
projects of the system. All income generated from the operation of the system or management
of wild flora and fauna in the Naga-Kabasalan Protected Landscape shall accrue to the Fund.
‘These income shall be derived from visitors/tourists fee, fees from permitted sale and export
of flora and fauna and other resources from the protected area, proceeds from registration and
lease of multiple-use areas including tourism concessions, contributions from industries and
facilities directly benefitting from the protected area, and such other fees and other income
derived from the operation of the protected area.

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

The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs’ facilities. Furthermore, LGUs may 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. Utilization of Energy and Non-renewable Resources. The Naga-Kabasalan
Protected Landscape may be subjected to exploration for the purpose of gathering information
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‘on energy and only if such activity is carried out with the least damage to surrounding areas.
Surveys shall be conducted only in accordance with a program approved by the DENR, and
the results of such surveys shall be made available to the public and submitted to the President
for recommendation to Congress. Any exploitation and utilization of energy resources found
within the protected area shall be allowed only through an act of Congress.

SEC. 13. Indigenous People's Rights. The rights of the indigenous communities to their
ancestral domains and other customary rights and interest within the Naga-Kabasalan Protected
Landscape shall be accorded due recognition. The preservation and protection of ancestral
domains and customary rights shall be considered as one of the management objectives.

The PASu Office shall identify the location of indigenous cultural communities within
or near the site, which is identifiable by the tribal leaders. The evaluation of ancestral domain
claims within the protected area shall be conducted by the NCIP pursuant to the provisions of
Republic Act No. 8371, otherwise known as “The Indigenous Peoples Rights Act of 1997” or
the IPRA Law, and its implementing rules and regulations, in coordination with the PAMB.

SEC. 14. Appropriations. The Secretary of Environment and Natural Resources 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. 15. Separability Clause. If any part or provision of this Act shall be held
unconstitutional or invalid, other provisions, which are not affected thereby, shall continue to
be in full force and effect.

SEC. 16. Repealing Clause. For the purpose of this Act, the provisions of the NIPAS
Act are hereby repealed or modified accordingly. Within the scope of the Naga-Kabasalan
Protected Landscape as herein specified, the prohibitions and penalties under the NIPAS Act

are hereby superseded.

SEC. 17. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,

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