REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

4420

House Bill No.

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

EXPLANATORY NOTE

This bill seeks to institutionalize the proclamation of Mt. Arayat as a Protected Landscape
with the aim of preserving its beauty as well as its economic and ecological benefit to the people of
Pampanga.

Mt. Arayat is currently facing environmental challenges, such as illegal logging. If no action
is taken, it is only a matter of time before Arayat degrades into an unrecoverable husk of land mass,
devoid of life and potential natural hazard to people living within its periphery. The preservation of
Arayat is in accordance with Article II, Section 16 of the 1987 Constitution which states 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.

Even before the advent of the Spanish colonizers, Mt. Arayat has been revered by the
Kapampangans. The solitary mountain that sits in the flatlands of Pampanga is also considered as the
“last bastion of Climate Change in the region”, a fitting description to the mighty mountain that is a
symbol of pride of the people of Pampanga.

In view thereof, the passage of this bill is earnestly sought.

Al OD. GONZALES, JR
Distfict, Pampanga


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

House Bill No, 4420

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

AN ACT ESTABLISHING MT. ARAYAT IN THE PROVINCE OF PAMPANGA AS
PROTECTED AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE,
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

Section 1. Title. ~ This Act shall be known as the “Mt. Arayat Protected Landscape (MAPL)
Act of 2019”.

Section 2. Declaration of Policy. — The importance of Mt. Arayat in the province of Pampanga
as the only known Protected Area categorized as Initial Component under ENIPAS Act, including its
educational, aesthetic, and biodiversity importance behooves the state to undertake for their
protection and preservation.

Itis therefore declared the policy of the State to ensure the protection and conservation of this,
mountain.and its associated forest, biodiversity, cultural and religious importance. In so doing, the
State shall ensure the full implementation of this Act, the mobilization of resources for the
institutional mechanism herein established, and the full scientific and technical support needed for
the conservation of biodiversity and the integrity of the ecosystem, culture and religious practices.

Section 3. Scope and Coverage. - The boundaries of the Mt. Arayat Protected Landscape
(MAPL), which falls under the category of protected landscape as defined herein, within the
municipalities of Magalang and Arayat in the Province of Pampanga are as follows:

TECHNICAL DESCRIPTION

Beginning at point marked “1” on Bureau of Forestry map No. N. P. 3-1, which is S. 71° 36"
E., 7,325.67 meters from M. B. M. No. 19, Magalang cadastre No. 95;

Thence N. 70" 00' W., 615.27 meters to corner 2;
Thence N. 70° 03' W., 661.60 meters to corner 3;
Thence S. 66° 25'W 525.08 meters to comer 4;
Thence S. 75° O1' W., 698.62 meters to corner 5;

Thence N. 77° 48° W.,, 1,135.47 meters to corner 6;


Thence N. 88° 05' W., 895.38 meters to corner 7;

Thence N. 40° 49" W., 1,000.79 meters to corner 8;
Thence N. 40° 49" W.. 870.52 meters to comer 9;
Thence N. 40° 06" W. 781.24 meters to corner 10;
Thence N. 38° 01" W 623.62 meters to corner 11;
Thence N. 42° 44'E 264.00 ‘meters to corner 12;
Thence N. 42° 44'E., 1,274.00 meters to comer 13;
Thence N.42°44'E., 872.00 meters to comer 14;
Thence N. 42° 44'E., 1,715.78 meters to comer 15;
Thence N. 07° 44’. 1,142. meters to corner 16;
Thence N. 75° 03" E. 141.89 meters to corner 17;
Thence N. 39° 39" 440.88 meters to corner 18;
Thence N. 76° 20'E 613.77 meters to corner 19;
Thence N. 52°41'E., 149.57 meters to comer 20;
Thence S."65° 29' E., 1,379.25 meters to comer 21;
Thence S. 66° 48’ E.. 946.18 meters to corner 22;
Thence S. 48° 27’ E., 716.05 meters to comer 23;
Thence 8. 42° 11'E., 432.91 meters to corner 24;
Thence S. 23° 04'E., 1,280.82 meters to corner 25;
Thence S.21°10'E., 538.18 meters to corner 26;
Thence S. 26° 52'E., 330.97 meters to corner 27:
Thence S. 86° 56' W.. 865.56 meters to corner 28;
Thence S.02° 53’ W., 854.84 meters to comer 29;
Thence S. 73° 00'E., 242.85 meters to comer 30;
Thence S. 24°59’ W., 1,305.18 meters to corner 31;
Thence S. 83° 05' W 437.77 meters to comer 32;
Thence S. 09° 42’ E.. 416.39 meters to corner 33;
Thence 8. 32° 03' E.. 377.38 meters to comer 34;
Thence $. 02° 04" E. 565.66 meters to corner 34-A:
Thence S. 39° 09' W.. 49.84 meters to corner 35;
Thence S. 39° 09' W., 225.54 meters to comer 36;
Thence S. 60;° 46'E., 157.91 meters to comer 37:
Thence $.01° 09’ W., 90.46 meters to comer 1, the point of
beginning.

Comers 1, 3, 5, 7, 11, 16, 18, 20, 22,. 24, 25, 27, 32, 28 and 29, and 26, are F. R. concrete
monuments B. F., 20 by 20/30 by 30 by 100 cm.; corners 2, 4, 6, 8 to 10, 13 to 14, 17, 19, 21, 30, 31,
23, 33, 34, and 12, are F. R. concrete monuments E. F. 15 by 15/20 by 20 by 60 cm.; comer 15 is M.
B. M. No. 18; comers 35 and 37 are intersection points; and corners 34—A and 36 are P. L. S.
concrete monuments, 15 by 15 by 60 cm.

Lot 2.—Beginning at point marked 1, on Bureau of Forestry map No. N.. P. 3-1, which is S.
72° 32! E., 7,144.67 meters from M. B. M. No. 19, Magalang cadastre No, 95; thence N, 39° 09’ E.,
225.54 meters to comer 2; thence S. 01° 03’ W., 252,08 meters to comer 3; thence N. 60° 46' W.,
157.91 meters to comer 1, the point of beginning.

Corer 1, is a P. L. S. concrete monument, 15 by 15 by 60 cm.; and corners 2, and 3 are
intersection points.

The Mt. Arayat Protected Landscape shall cover a total land area of three thousand seven
hundread fifteen and 2274/1000 (3,715.2274) hectares.


Section 4. Land Classification, - All lands comprising the Mt. Arayat Protected Landscape
(MAPL) shall fall under the classification of National Park as provided for in the Philippine
Constitution.

Section 5. Buffer Zones. - Buffer zones surrounding the MAPL shall be established pursuant
to the ENIPAS 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 MAPL. Such buffer zones
shall be managed according to the management plan formulated pursuant to this Act.

Section 6. Definition of Terms. - For purposes of this Act, the following terms are defined as
follows:

"(a) Biological diversity or biodiversity refers to the variability among the living organisms
from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part; this includes diversity within species, between
species and of ecosystems;

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

"(c) Buffer zones refers to identified areas outside the boundaries of and immediately adjacent
to designated protected areas that need special development control in order to avoid or
minimize harm to the protected area:

"(d) By-products o Derivatives refers to parts taken or substances extracted from wildlife, in
raw or in processed form;

"(e) Collecting refers to the act of gathering or harvesting wildlife and its by-products or
derivatives;

"(f) Conveyance refers to every kind of vessel, including motorized or nonmotorized vehicles,
non-displacement crafis and seaplanes that are used or may be used as a means of
transportation on land or water. It shall include everything found therein except personal
effects;

"(g) Delineation refers to the actual ground survey of the boundaries of protected areas and
their buffer zones and management and management zones using the global positioning
system (GPS) or other applicable survey instruments and technologies, with the intention of
producing a map of the area:

"(h) Demarcation refers to the establishment of the boundaries of protected areas and their
buffer zones using visible markers, monuments, buoys in case of marine areas, and known
natural features and landmarks, among others, as a result of the actual ground delineation;

"(i) Ecosystem goods and services refers to the multitude of material and nonmaterial
provisions and benefits from healthy ecosystems necessary for human sustenance, well-being,
and survival including support processes, provisioning and environment regulating services,
and cultural resource preservation services;

"(j) Endemic species refers to the species or subspecies of flora and fauna which are naturally
occurring and found within specific areas in the country;


"(k) Exotic species 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;

"(\) Exploration refers to the act of searching or prospecting for mineral resources, as defines
by law, by geological, geochemical 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 of resources in an area, and the
feasibility of utilizing these resources for profit;

"(m) Gear refers to any instrument or device and its accessories utilized in taking, catching
gathering, killing, hunting, destroying, disturbing, removing, or possessing resources within
the protected area;

"(n) Genetically modified organism (GMO) refers to any living organism that possesses a
novel combination of genetic material through the use of modem biotechnology;

(0) Hunting refers to the killing of catching of wild fauna for food and recreational purposes,
with the use of weapons such as guns, bow and arrow, spears, traps and snares, and the like;

"(p) Indigenous Cultural Community (ICC)/Indigenous People (IP) refers to a group of
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;

"(q) Integrated Protected Area Fund (IPAF) refers to the special account established for the
purpose of financing projects of the NIPAS and individual protected areas;

"(t) Invasive alien species refers to species introduced deliberately or unintentionally outside
their natural habitats where they have the ability to establish themselves, invade, outcompete
native species, and take over the new environment;

"(s) Kaingin refers to the slash-and-burn cultivation of vegetated land in a protected area,
whether occupied or not, shifting and permanent with little or no provision to prevent soil
erosion;

"() Multiple-use zone refers to the area where settlement, traditional and sustainable land use
including agriculture, agroforestry, extraction activities, and income generating or livelihood
activities, and may be allowed to the extent prescribed in the protected area management plan;

"(u) National Integrated Protected Areas System (NIPAS) refers 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;

"(v) National park refers to the lands of the public domain classified as such in the
Constitution which include all areas under the NIPAS pursuant to this Act, primarily
designated for the conservation of native plants and animals, their associated habitats and
cultural diversity;

"(w) Natural biotic area refers to an area set aside to allow the way of life of societies living
in harmony with the environment to adapt to modern technology at their pace;


"(x) Natural monument refers to a relatively small area focused on the protection of small
features to protect or preserve nationally significant natural features on account of their special
interest or unique characteristics;

"(y) Natural park refers to a relatively large area not materially altered by human activity
where extractive resources uses not allowed and is maintained to protect outstanding natural
and scenic areas of national or international significance for scientific, educational,
recreational use;

"(z) Occupying refers to a continuous stay of individuals or groups within a protected area,
whether residing or engaging in the cultivation of land or fishing for more that twenty-four
(24) hours;

"(aa) Poaching refers to gathering, collecting, or possessing products or natural resources
from the protected area by any individual person, corporation or entity whether local or
foreign; in the case of marine protected areas, operating any foreign fishing vessels by any
person, corporation, or entity without a permit;

"(bb) Protected area refers to identified portions of land and/or water set aside by reason of
their unique physical and biological diversity and protected against destructive human
exploitation;

"(ce) Protected Area Occupants refers to persons who are residing, utilizing, and cultivating
areas within the protected area. /wphi! These include private owners, IPs, tenured migrants
and informal settlers:

"(dd) Protected Area Retained Income Account refers to the trust fund maintained by any
protected area and administered by the respective Protected Area Management Boards
(PAMB) created pursuant to this Act representing the seventy-five percent (75%) of revenues
generated from the protected area to support its operation and management;

"(ee) Protected landscapes and/or seascapes refer to areas of national significance which are
characterized by the harmonious interaction of man and land and water while providing
opportunities for public enjoyment through recreation, tourism, and other economic activities:

"(ff) Protected species refers to plants or animals declared protected under Philippine laws,
rules, and regulations. These shall include all species listed under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora and all its Annexes, the
Convention on the Conservation of Migratory Species (CMS), those specified under the red-
list categories of the International Union for Conservation of Nature and Natural Resources
(DENR), PAMB or any government agency may deem necessary for conservation and
preservation in the protected area;

"(gg) Quarrying refers to the process of extracting, removing, and disposing sand gravel,
guano, limestone, and all other resources used as building and construction materials that are
found within the protected area:

"(hh) Resource reserve refers to an extensive, relatively isolated, and uninhabited area which
is difficult to access and is designated to protect the natural resources of the area for future
use and prevent or contain development activities that could affect the resources, pending the
establishment of sustainable resources utilization goals which are based upon appropriate
information and planning:


"(ii) Special Account in the General Fund (SAGE) refers to the trust fund deposited in the
national treasury representing the twenty-five percent (25%) of the revenues generated from
the operation of individual protected area and earmarked to support the NIPAS:

"(jj) Strict nature reserve refers to an area possessing some outstanding ecosystem, features,
and species of flora and fauna of national scientific importance that should be maintained to
protect and to preserve nature in its undisturbed state and to preserve nature in its undisturbed
state and to preserve ecologically representative examples of the natural environment to
ensure their availability for scientific study, environmental to ensure their availability for
scientific study, environmental monitoring, education, and for the for the maintenance of
genetic resources in a dynamic and evolutionary state;

"(kk) Tenure migrants refer to protected area occupants who have been actually, continuously
and presently occupants who have been actually, continuously and presently occupying a
portion of the protected area for five (5) years before the proclamation or law establishing the
same as a protected area, and are solely dependent therein for subsistence:

"(\l) Threatened species refer to species or subspecies considered critically endangered,
vulnerable, or other accepted categories of wildlife whose population is at risk of extinction;

"(mm) Wetlands refers to wide variety of inland habitats such as marshes, peatlands,
floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal
mudflats and seagrass beds, and also coral reefs and other marine areas no deeper than six (6)
meters at low, as well as human-made wetlands such as dams, reservoirs, rice paddies and
wastewater treatment ponds and lagoons;

"(nn) Wildlife refers to the wild forms and varieties of flora and fauna, in all developmental
stages, including those who which are in capacity or are being bred, fed, or propagated; and

"(o0) Wildlife Sanctuary. - refers to an area which assures the natural conditions necessary to
protect nationally significant species, group of species, biotic communities or physical
features of the environment which may require specific human manipulations for their
perpetuation."

Section 7. Management Plan. -Within one (1) year from the establishment of the MAPL there
shall be a management plan formulated that serve as the basic long-term plan for the management of
the MAPL and guide in the preparation of its annual operations plan and budget.

"The management plan shall, at the minimum, promote the adoption and
implementation of innovative management techniques including, when necessary, zoning,
buffer zone management, habitat conservation and rehabilitation, diversity management,
community organizing and development, socioeconomic and scientific researches, site-
specific policy development, climate change adaptation and mitigation, disaster risk reduction
and management, waste sewerage and septic management, and gender and development,
among others.

Section 8. Management of the Mt. Arayat Protected Landscape (MAPL). ~ The PAMB of
MAPL shall have jurisdiction, power and authority over the MAPL for all matters that may affect
biodiversity conservation, protection and sustainable development. It shall be composed of:


"(a) DENR Regional Director under whose jurisdiction the protected area is located, as
Chairperson;

"(b) Governors of the province/s where the protected area is located or their duly designated
representative/s:

"(c) A Senator of the Republic of the Philippines who is a duly registered resident of the city
or province where the protected area is located or a duly authorized representative, unless the
Senator declines membership in the PAMB:

"(d) District Representative/s of the Congressional district/s where the protected area is
located or their duly designated representatives, unless the District Representative declines
membership in the PAMB;

"(e) Mayor/s of the city/cities or municipality/municipalities where the protected area is
located or their duly designated representatives;

"(£) Chairperson/s of the barangay/s where the protected area is located;

"(g) Regional Directors of the following government agencies, namely: The Department of
Agriculture (DA), the National’ Economic and Development Authority (NEDA), the
Department of Science and Technology (DOST), the Philippine National Police (PNP), and
the Department of National Defense (DND);

"(h) Three (3) representatives from either an NGO or PO, duly accredited both by the DENR
and the provincial government. The NGO or PO represented should have been in existence
for at least five (5) years and with track record in or related to protected area management;

(i) At least one (1) but not more than three (3) representatives from all the IPs/ICCs present
in the area and recognized by the National Commission on Indigenous Peoples (NCIP):

"@) One (1) representative from an academic institution, preferably from a university or
college in the province where the protected area is located, with proven track record in or
related is located, with proven track record in or related to the protected area management;
and

"(k) One (1) representative fromm the private sector, preferably a resident of the province where
the protected area is located, who is distinguished in a profession or field of interest relevant
to the protected area management.

" Ex officio members or members of the PAMB by virtue of their elective or appointive
government positions as specified in the immediately preceding subparagraphs (a). (b). (c).
(d), (e), (, and (g), shall serve for the duration of their respective terms of office in their
respective elective or appointive government positions.

"On the other hand, the members of the PAMB specified under subparagraphs (h), (i), @). and
f this section shall be appointed by the DENR Secretary after the conduct of a transparent and

fair selection process. They shall each serve a term of three (3) years and may be reappointed for
another term.

The members of the PAMB shall serve without compensation, except for the actual and

necessary traveling and subsistence expenses incurred in the performance of their duties, either in


their attendance in meetings of the PAMB or in connection with other official business authorized
through resolution of the PAMB, subject to existing rules and regulations. Each member shall have
the full capacity and accountability for decisions binding to the member's sector.

"The PAMB members duly appointed prior to the effectivity of this Act shall continue their
term until the expiration of their appointment. Thereafter, members of the management board shall
be appointed in accordance with the provisions of this Act: Provided, That the Regional Director of
the DENR shall ensure that the relevant members of the PAMB are duly appointed by the DENR
Secretary: Provided, further, that at least forty percent (40%) of the PAMB members shall be women,
pursuant to Republic Act No. 9710 or 'The Magna Carta of Women’.

"A member of the PAMB may be removed for any of the following grounds:

"(1) More than three (3) consecutive unexcused absences from regular meetings of the
management board;

"(2) Commission of acts prejudicial to the management of protected areas as embodied in
Section 20 hereof and/or other existing rules and regulations governing protected areas;

Section 9. Powers and Functions of the PAMB. - The PAMB of MAPL, 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 Republic
Act No. 7586 or the NIP AS Act of 1992 as amended by Republic Act No. 11038 or the ENIPAS Act
of 2019 and its implementing rules and regulations:

(a) Oversee the management of the protected area;

"(b) Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the protected areas;

"(c) Approve the management plan of the protected area and ensure its harmonization and
integration with the ADSDPP, land use plan and other development plan public or private,
and its implementation;

“dd Adopt a manual of operations to include rules of procedures in the conduct of business,
and the creation of committees and their respective terms of reference;

"(e) Recommend the deputation of appropriate agencies and individuals for the enforcement
of the laws, rules and regulations governing the management of protected area;

"(f) Allocate financial resources for the implementation of the management plan and manage
the Protected Area Retention Income Account and other funds in accordance with the
accounting and budgeting rules and regulations;

"(g) Set fees and charges in accordance with the existing guidelines;

"(h) Issue rules and regulations for the resolution of conflicts through appropriate and
effective means:

(i) Recommend appropriate policy changes to the DENR and other governing authorities;


"@) Monitor and assess the performance of the protected area personnel and compliance of
partners with the terms and conditions of any undertaking, contract or agreement;

"(k) Recommend from among a shortlist of qualified candidates, the designation or
appointment of the PASU; and

"(1) Assess the effectiveness of the management of the protected area: Provided, That the
members of the management board representing the LGUs and national agencies in the PAMB
shall inform their respective constituents, offices or sectors, of PAMB-approved or other
relevant policies, rules, regulations, programs, and projects and shall ensure that the
provisions of this Act and its implementing rules and regulations are complied with, and used
as reference and framework in their respective plans, policies, programs, and projects. Failure
to comply with the foregoing shall be the basis for disciplinary action against such member
according to administrative rules and regulations and such penalties as the PAMB may
provide: Provided, further, That 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 administrative orders of national application,
the latter shall prevail."

The DENR; through the RED, shall ensure that the PAMB acts within the scope of its powers
and functions, In case of a conflict between administrative orders of national application issued by
the DENR pursuant to the NIPAS Act and the resolutions issued by the PAMB, the PAMB shall
notify the DENR Secretary who shall decide whether to apply the rule or withdraw its application in
the MAPL.

Section 10. The Protected Area Management Office (PAMO) ~ There is hereby established a
Protected Area Management Office (PAMO), to be headed by a Protected Area Superintendent
(PASU) with a permanent plantilla position who shall supervise the management, protection and
administration of the protected area. A sufficient number of support staff with permanent plantilla
position shall be appointed by the DENR to assist the PASU in the management of the protected area.

"The PASU of MAPL shall be primarily accountable to the PAMB and the DENR for the
management and operations of the protected area. Pursuant thereto, the PASU shalll have the
following duties and responsibilities:

"(a) Prepare the management plan, in consultation with the stakeholders, including the annual
work and financial plans and ensure its implementation;

"(b) Ensure the integration of the protected area management plans, programs, projects, and
policies with relevant national and LGUs’ plans and programs;

"(c) Provide secretariat services to the PAMB and its committees and ensure the availability
of relevant and timely information for decision-making:

"(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;

"(e) Establish, operate, and maintain a database management system which shall be an
important basis for decision-making of the PAMB;

"(f) Enforce the laws, rules and regulations relevant to the protected area. Commence and
institute administrative and legal actions in collaboration with other government agencies or
organizations, and assist in the prosecution of offenses committed in violation of this Act;


"(g) Monitor, evaluate, and report the implementation of management activities of MAPL;

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

"(i) Issue permits and clearances for activities that implement the management plan and other
permitted activities in accordance with terms. conditions, and criteria established by the
PAMS: Provided, that all permits for extraction activities, including collection for research
purposes, shall also continue to be issued by relevant authorities, subject to prior clearance
from the PAMB, through the PASU, in accordance with the specific acts to be covered;

"@) Collect and/or receive pertinent fees, charges, donations, and other income for the
protected area: Provided, that such fees, charges, donations, and other income collected
received shall be reported regularly to the PAMB and the DENR in accordance with existing
guidelines:

"(k) Prepare and recommend to the management plan; and
(1) Perform such other functions as the PAMB and the DENR may assign.

The PASu shall be supported by a sufficient number of personnel who shall be performing
day-to-day management, protection and administration of the MAPL. Upon the recommendation of
the PAMB, the DENR Regional Executive Director shall deputize local community leaders and
environment and natural resources officers.

Section 11. Mr. Arayat Protected Landscape Fund, - There is hereby established a revolving
fund to be known as the MAPL Fund (MAPLF) for purposes of financing projects in the MAPL.

“There is hereby established a trust fund to be known as Mt. Arayat Protected Landscape Fund
(MAPLF) for purpose of financing the projects and sustaining the operation of MAPL and the
System. Income generated from the operation and management of MAPL shall accrue to the
MAPLE. The income shall be derived from fees and charges from the use of resources and
facilities of protected areas; contributions from industries and facilities directly benefiting
from the protected area; and such other fees and income derived from the operation of the
protected area.

"The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above
means, which shall be deposited in the Protected Area-Retained Income Account (PA-RIA)
in any authorized government depository bank within the locality: Provided, That
disbursement out of such deposits shall be used solely for the protection, maintenance,
administration, and management of the MAPL and implementation of duly approved projects
of the PAMB.

"Grants, donations, and endowments from various sources, domestic or foreign, shall be
deposited in full in a special account in the National Treasury to be used for the purpose
specified in the deeds and instruments covering them.

"Voluntary or legislated payments for ecosystem goods and services, including fines,
penalties, and compensation for damages from MAPL offenses shall accrue fully to the PA-
RIA and shall be managed by the PAMB.


"The remaining twenty-five percent (25%) of revenues shall be deposited as a special account
in the General Fund in the National Treasury for purposes of financing the projects of the
System.

"The use of the IPAF shall be in accordance with existing accounting, budgeting, and auditing
rules and regulations: Provided, further, That the IPAF shall not be used to cover personal
services expenditures.

The DENR shall submit to the Department of Budget and Management (DBM) and the
Department of Finance (DOF) quarterly reports on the financial and physical accomplishments on
the utilization of the IPAF and other documents as may be required by the DBM, and shall furnish a
copy of the same to the House Committee on Appropriations and the Senate Committee on Finance."

‘The LGUs shall continue to impose and collect all other fees not enumerated herein which
they have traditionally collected, such as business permits and rentals of LGUs facilities. Provided,
That the LGUs shall not impose property tax and issue new tax declaration for areas covered by the
MAPL. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB: Provided, that such
add-ons shall be based on the contribution of the LGU’s in the maintenance and protection of the
MAPL

Section 11. Tenured Migrants and Other MAPL Stakeholders, - Tenure migrants shall be
eligible to become stewards of the portion of lands within multiple-use zones. The PAMB shall
identify, verify and review all tenurial instruments, land claims, issuances of permits for resource use
within the MAPL and recommend the issuance of the appropriate tenure instrument consistent with
the zoning provided in the management plan and the provisions of this Act.

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 PASu 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.

Within three (3) months from the passage of this Act, the PASu shall submit to the PAMB the
complete list of tenured migrants which list shall be final upon approval of the PAMB.

Section 12. Existing Facilities Within the MAPL, - Within sixty (60) days from the effectivity
of this Act, an inventory of all existing facilities such as roads, buildings and structures, water
systems, transmission lines, communication facilities, heavy equipment, and irrigation facilities,
among others, within the protected area shall be conducted.

"The PAMB, with the assistance of the DENR, may impose conditions for the continuous
operation of a facility found to be detrimental to the protected area until its eventual relocation. If the
conditions are violated, the owner of the facility shall be made liable, a fine of not less than Two
hundred thousand pesos (P200,000) but not more than One million pesos (P1,000,000) or
imprisonment from one (1) year but not more than six years, or both, plus damages of triple the value
of the said resources


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

Section 13. Prohibited Acts and Penalties. - The following shall be the prohibitions and
penalties applicable to the MAPL, in addition to the prohibited acts as provided in the ENIPAS Act
and its implementing rules and regulations:

(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands within
the MAPL;

"(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived
therefrom, including in private lands within the protected area without the necessary permit,
authorization or exemption: Provided, That the PASU of MAPL as authorization or
exemption only for culling, scientific research , the exemptions provided under Section 27(a)
of Republic Act No. 9147 (Wildlife Resources, Conservation and Protection Act) or harvests
of non-protected species in multiple-use zones by tenured migrants and IPs;

"(c) Cutting, gathering, removing or collecting timber within the MAPL including private
lands therein, without the necessary permit, authorization, certification of planted trees

"(d) Possessing or transporting outside the MAPL any timber, forest products, wildlife, or by-
products derived therefrom which are ascertained to have been taken from the MAPL other
that exotic species, the culling of which has been authorized under an appropriate permit:

"(e) Dumping, throwing, using, or causing to be dumped into or places in the protected area
of any toxic chemical, noxious or poisonous substance or non-biodegradable material,
untreated sewage or animal waste or products whether in liquid, solid or gas state, including
pesticides and other hazardous substances as defined under Republic Act No. 6969, otherwise
known as the "Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990"
detrimental to the protected area, or to the plants and animals or inhabitants therein;

"(D) Operating any motorized conveyance within the MAPL without permit from the PAMB,
except when the. use of such motorized conveyance is the only practical means of
transportation of IPs/ICCs in accessing their ancestral domain/land;

"(g) Altering, removing, destroying or defacing boundary marks or signs within MAPL;

"(h) Engaging in 'kaingin’ or, any manner, causing forest fires inside the MAPL:

"(i) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner damaging any
natural formation, religious, spiritual, historical sites, artifacts and other objects of natural
beauty, scenic value or objects of interest to IPs/ICCs;

"() Damaging and leaving roads and trails in damaged condition:

"(k) Littering or depositing refuse or debris on the ground or in bodies of water;

"()) Possessing or using blasting caps or explosives anywhere within the MAPL;

“(m) Occupying or dwelling in any public land within the MAPL without clearance from the
PAMB;


"(n) Constructing, erecting, or maintaining any kind of structure, fence or enclosure,
conducting any business enterprise within the MAPL without prior clearance from the PAMB
and permit from the DENR, or conducting these activities in a manner that is inconsistent with
the management plan duly approved by the PAMB:

"(o) Undertaking mineral exploration or extraction within the MAPL;
"(p) Engaging in commercial or large-scale quarrying within the MAPL;

"(q) Establishing or introducing exotic species, including GMOs or invasive alien species
within the MAPL;

"() Conducting bioprospecting within the MAPL without prior PAMB clearance in
accordance with existing guidelines: Provided, that in addition to the penalty provided herein,
any commercial use of any substance derived from non-permitted bioprospecting within a
MAPL area will not be allowed and all revenue earned from illegal commercialization thereof
shall be forfeited and deposited as part of the IPAF;

"(s) Prospecting, hunting or otherwise locating hidden treasure within the MAPL;

"(t) Purchasing or selling, mortgaging or leasing lands or other portions of the MAPL which
are covered by any tenurial instrument; and

"(u) Constructing any permanent structure within the forty (40)-meter easement from the high
water mark of any natural body of water or issuing a permit for such construction pursuant to
Article 51 of Presidential Decree No. 1067: Provided, That construction for common usage
wharves and shoreline protection shall be permitted by the PAMB only after thorough EIA.”

"(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One
million pesos (P1,000,000) or imprisonment from one (1) year but not more than six years, or
both, plus damages of triple the value of the said resources, or both, shall be imposed upon
any person who violates paragraphs (a) to (e) of Section 13 herein;

"(b) A fine of not less than Two hundred thousand pesos (200,000) but not more than One
million pesos (P1,000,000) or imprisonment from one (1) year but not more than six years, or
both, shall be imposed upon any person who violates paragraphs (f) to (p) of Section 13 herein;

"(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of existing
facilities within MAPL under Section 12 of this Act, ifthe existence of the same and its future
plans and operations will be detrimental to the protected area. For every continuing violation,
or if the violation continues to be committed for thirty (30) days and upon reaching a total
fine of Five hundred thousand pesos (P500,000), the PAMB through the PASU and other
deputized government entities, shall cause the cessation of operation and either forfeit in favor
of the PAMO or demolish the facility at the cost of its owner. If the facility is government-
owned, the agency in change shall submit a plan for a substitute facility that complies with
the protected area standards and, within one (1) year, execute the approved protected area
management plan;

"(e) Administrative fines of not less than Fifty thousand pesos (P50,000), but not exceeding
Five million pesos (P5,000,000), shall be imposed by the DENR Secretary for the violation
of any rule, regulation, or provision of any agreement reached with the PAMB: Provided, That
if an area which has sustained damage from any activity conducted therein requires


rehabilitation or restoration as determined by the court, the offender shall be required to
restore of pay compensation for damage, which payment shall accrue to the MAPLF.

Valuation of the damage 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.

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

The penalties specified in this section shall 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), and other related laws.

Section 14. Local Government Units. - The local government units (LGUs) within the MAPL
shall participate in its management through representation in the PAMB. Said LGUs may appropriate
portions of their share from the annual internal revenue allotment and other income for use of the
MAPL: Provided, that all funds directly coming from the LGU’s shall be exempted from the twenty-
five percent (25%) remittance requirement for the central Integrated Protected Areas Fund (IPAF).

Section 15. 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 whom
all cases of violation of laws, rules and regulations in the MAPL shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu of MAPL in the performance of his/her
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 PASu and the staff, or any person assisting in the protection, conservation and sustainable
development of the MAPL, 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 16. Renewable and Non-renewable Resources. - Any exploration and exploitation or
utilization of non-renewable resources including mining within the MAPL shall not be allowed.
Renewable energy projects within the MAPL shall be permitted only through an act of Congress
except energy from wind, sun and water sources and not more than three (3) megawatt capacity for
mini-hydro power: Provided, that these renewable energy projects are outside the strict protection
zone, adopt reduced impact technologies, and undergo the Environmental Impact Assessment (EIA)
system as provided by law and: Provided, further, That the PAMB has endorsed the project.

Section 17. Reporting Responsibility. - The PASu, through the PAMB, shall submit an annual
accomplishment report to the Secretary of the DENR On the activities undertaken in the MAPL.

Section 18. Appropriations. - The Secretary of the DENR shall immediately include in the
DENR's program the implementation of this Act, the funding of which shall be included in the annual
General Appropriations Act.

Section 19. Construction and Suppletory Application of Existing Laws. - The provisions of
this Act shall be construed liberally in favor of the protection and rehabilitation of the MAPL and the
conservation and restoration of its biological diversity, taking into account the needs and interests of
qualified tenured migrants, for present and future Filipino generations.


The NIPAS Act shall have suppletory effect in the implementation of this Act.

Section 20. 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, permits, clearances, compliance
documents or any other instrument that allows exploitation and utilization of resources within the
MAPL until the Management Plan shall have been put into effect.

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

Section 21. Repealing Clause. - For the purpose of this Act, the provisions of Republic Act
No. 11038 or the ENIPAS Act are hereby modified in accordance with the provisions herein. All
other laws, rules and regulations inconsistent with this Act are hereby repealed or modified
accordingly. The prohibitions and penalties under the ENIPAS Act are hereby superseded for the
entire area covered by this Act.

Section 22. 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. All laws,
decrees, executive orders, rules and regulations or parts thereof which are contrary to or inconsistent
with this Act are hereby repealed, amended or modified accordingly.

Section 23. Effectivity Clause. - This Act shall take effect immediately upon its complete
publication in a national newspaper of general circulation available in the MAPL.

Approved,