Republic of the Pnilippines
HOUSE OF REPRESENTATIVES
‘Quezon Cty, Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

_ a =
COMMITTEE REPORT No._235¢

Submitted by the Committee on Natural Resources and the Committee on

Appropriations on

Re: House Bill No. 6486

Recommending its approval, in substitution of House Bill No. 3519

Sponscrs: Representatives Francisco T. Matugas. Joseph Emilio A. Abaya and Isidro S

Rodriguez, Je

Wr. Speaker:

The Committee on Natural Resources and Committee on Appropriations to which was
referred House Sil! No. 3519, introduced by Representative tsidro S. Rodriguez, Jr.,

entitled

“AN ACT
ESTABLISHING PAMITINAN CAVE IN THE MUNICIPALITY OF RODRIGUEZ, PROVINCE
OF RIZAL AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED
LANDSCAPE PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES”

have c 2 same and recommend that the herein atlached House Bill
Ne BABS”, cnaies

“AN ACT
DECLARING THE PAMITINAN CAVE IN THE MUNICIPALITY OF RODRIGUEZ,
PROVINCE OF RIZAL AS A PROTECTED AREA UNDER THE CATEGORY OF
PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER

PURPOSES”

-—be_approved,_in. substitution of House Bill No. 3519, with Representatives Rodriguez (\)._.____
Matugas and Abaya as authors thereof,

4) Respéctiul itted,

G 7"
HON. JOSEPH EMILIO A. ABAYA HON, T. MATUGAS
fairmad Chait
Gommitjee on Appropriaffons Committee on Natural Resources
a
‘THE HONORABLE SPEAKER

House of Representatives
Quezon City


Searaueunn

1

14 —tandscape ¢PPip-within the-Municipality-of Rodnguez in-the-Province of Rizat-are——-

12
13

14
15
16

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

Fifteenth Congress
Third Regular Session

House BILLNO. 6486 _
(in substitution of HB No. 3519)

Introduced by Honorable Isidro S. Rodriguez, Jr., Francisco T, Matugas
and Joseph Emilio A Abaya

AN ACT
DECLARING THE PAMITINAN CAVE IN THE MUNICIPALITY OF RODRIGUEZ,
PROVINCE OF RIZAL,A PROTECTED AREA UNDER THE CATEGORY OF
PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT AND FOR

OTHER PURPOSES

Be it enacted py the Senate and the House of Representatives of the Philippines in
Congress assembisc:

SECTION 1. Title. - This Act shall be known as the "Pamitinan Protected
Landscape (PPL! Act of 2012"

SEC. 2. Declaration of Policy. - It is the dectared policy of the State to
ensure its protection and conservation of the historical, cultural, archeological and
2cological significance of the Pamitinan Cave as part of the country's natural wealth
iant Tnereto. 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 needad for the canservation of biodiversity and its
surroundings and other cave ecosystems.

SEC. 3. Scope and Coverage. - Th2 boundaries of the Pamitinan Protected

Pp

hereby defined as follows
Beginning at 2 point marked “I on the Map with geographical coordinates

421°10'45.75" longitude and 14° 4318.67" latitude:
Thence Due North at 3,000 meters to Point 2,
Thence Due East at 2.000 meters to Point 3,
Thence Due South at 3,000 meters to Point 4,
Thence Due West at 2,000 meters to Point 1; the point of beginning,
‘containing an area of six hundred (600) hectares.

v1


The Department of Environment and Natural Resources (DENR) shall
appropriately mark on the ground, with clearly visible markers the technical
Gescriptions provided in this Act and shall prepare appropriate maps therefor. 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 consuttation with the affected public and concerned government
agencies.

SEC. 4, Land Classification. — Ail lands comprising the Pamitinan Protected
Landscape (PPL) shall fall under the classification of National Park as provided for in
the Philippine Constitution.

SEC. 5. Buffer Zones. - Buffer zones surrounding the PPL shall be
established pursuant to the NIPAS Act for the purnase of providing an extra layer of
protection around the area, where restrictions can apply and communities can assist
in repealing threats to the PPL. Such buffer zones shall be managed according to
the management plan formulated pursuant to this Act.

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

{a) Biodiversity refers to the variety and variability among living organisms

and the ecologicat complexes in which said organism occur.

{b) Biological Resources refers to the genetic resources, organisms or
parts thereof, population, or any other biotic component of ecosystem
with actual or potential use or value for humanity.

(c) Bioprospecting refers to the research, collection and utilization of
biological and genetic resources for purposes of applying the knowiedge

a derived there from solely for commercial purposes.

(4) Buffer Zones refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas that need special
development contro! in order to avoid or minimize harm to the protected
area.

() By-products or Derivatives refer to any part taken or substance
extracted from wildlife, in raw or in processed form. This includes stuffed

animals and herbarium specimens.
(Collection or collecting refers to the act of gathering or harvesting

-2-


31
32
33
34

(g}

a)

@

@

(ky

«m)

@)
(0)

{p) PP tefers tothe Pamitinan Pmtected Landscape. .

(a)

o

wildiffe, its by-products or derivatives.

Conservation refers to the sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the nabitat

Ecosystem refers to the dynamic complex of plant, animal and micro-
organism communities and their nor-living environment interacting as a
functional unit.

Endangered Species refer to the species or subspecies that are not
ciitically endangered but whose survival in the wild is unlikely if the
causal factors causing grave danger to their natural occurrence and
survival continue operating,

Endemic Species 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 refer to species or subspecies of flora and fauna which
do not naturally occur within the protected area at present or in historical
time.

Habitat refers to a place of type of environment where species or
subspecies naturally occurs or has naturally established its population,
Hunting refers 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.

Management Board refers 10 the Management Board of the PPL.
Management Plan refers to the fundamental pian, strategy and/or
scheme which shall guide aff activities retating to the PPL in order to
attain the objectives of this Act.

PPL. Fund refers to the revolving fund to be established for the purpose
of financing projects in the PPL.

Mineral refers 10 all naturally occurTing inorganic substance in solid, gas.
Squid, or any intermediate state including eneray materials such as coal,
petroleum, natural gas. radioactive materials, and geothermal energy.
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

.3-


we ene

emir

w

qu)

i]

(w)

&)

@)

preserve genetic diversity, to ensure sustainable use of resources found
therein, and to maintain their natura! condition to the greatest extent
possible

NIPAS Act refers to the National integrated Protected Areas System Act
{NIPAS) of 1992 or Republic Act No. 7586, and its Implementing Rutes
and Regulations.

National Park refers to the land of the public domain classified as such
in the 1987 Constitution which includes 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.
Non-Governmental Organization (NGO) refers to an agency.
institution, foundation ar a group of persons whose purpose is to assist
people's organizations/associations in various ways including, but not
limited to, organizing, education, taining, research and/or resource
accessing.

People’s Organization (PO) refers to @ 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 concems and needs,
and mutually share the benefits of the endeavor.

Protected Area refers 10 identified portions of jand/or water set aside by
reasons of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human

exploitation.

“yy Protected Area- Management Board (PAMB) refers to a multi-sectoral

policy-making body created in accordance with Republic Act No. 7585 or

the NIPAS Act of 1992
Protected Area Superintendent (PASu) refers (0 the chief operating
DENR officer of the PPL

(aa) Protected Landscape refers to an area of national significance, which is

characterized by the harmonious interaction of man and land while
providing opportunities for pubhc enjoyment through recreation and
tourism within the normal lifestyle and economic activity of the area.

“4.


22

26 Rave
provided for under the NIPAS Act and according to the procedure herein set forth ht

shalt contain, among others, the foliowing:

27
28
29
30
31

(bb)

(cx)

(ad)

(ee)

Quarrying refers to the process of extracting, removing and disposing
quarry resources found on oF undemeath the surface of private or public.
land.

Strict Protection Zone refers to a natura! area with high biodiversity
value which shall be closed to all human activity except for scientific
studies and/or ceremonial of religious use by the indigenous culturat
communitiesfindigenous peoples; may include habitats of threatened
species, or degraded areas that have been designated for restoraton
and subsequent protection, even if these areas are still in various stages
of regeneration.

Tenured Migrants refer to forest occupants within the PPL who have
actualy and continuously occupied a portion of the protected area for at
least 5 years as of the passage of this Act who and are solely dependent
therein for subsistence. A protected area occupant 1s understood to be
“solely dependent for subsistence” when everything indispensable for the
survival of the household, including food, clothing, shelter and health,
comes only from the utilization of resources from the protected area.
Wildlife refers to wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being

bred or propagated.

SEC. 7. Management Plan. — There shall be a Management Plan

promulgated for the PPL that shall serve aS the basic long-term framework plan in
the management of the protected area and guide in the preparation of its annual
operations plan and budget.

Within one (1) year from the effectivity of this Act, the Management Pian shall
pwerr put-into- effect-fotlowing_the -general management, planning strategy

(a) The category of the protected area;

(b) Period of applicability of the plan.

{c) Key management issues:

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

{e) Site management strategy,
(f) Major management activities, such as, but not limited to enforcement of


w

ra

25

laws, habitat and wildlife management, sustainable use management,
infrastructure development and maintenance, and fire and pest control

(g} Zoning; and

(h) Visitor management programs.

The Management Plan shall be prepared by the Protected Area
Superintendent (PASu) in coordination with the appropriate offices of the
department, jocai communities and the NGOs. It shall be reviewed and approved by
the PAMB and certified by the Secretary of the Department. Such certification shall
be mandatory to ensure that the plan conforms to all laws and the applicable rutes
and regulations issued by the Department: Provided, however, That the Secretary
may revise and modify the protection and conservation plan, after consultation with
the PAMB, prior to certification to ensure conformity with applicable laws, ules and
reguiations.

A year before the ‘expiration of the period of applicability of the management
plan in effect, the PASu shall cause the publication in a newspaper of general
circulation im the concemed municipalities of 2 notice soliciting comments and
suggestions on the successor plan. Notices shall also be posted in the respective
provincial and municipal hails of the concemed provinces and municipalities as well
as in the barangay hails bounding of immediately adjacent to the protected
landscape. The proposed Management Plan shall be made available to the public
during the period for comment and the final plan shall likewise be made available for
public perusal at the office of the PAS upon the approval of the PAMB: Provided,
‘That the plans shall be plainly written in a language understandable by the residents

of the area.
SEC. 8. Management of the Pamitinar Protected Landscape (PPL). —

ae—There is hereby created 2 PAMB which shall have jurisdiction, power and authority

27
28
29
30
31
32
33
34

over the PPL for all matters that may affect biodiversity conservation, protection and

sustainable development
it shall be composed of.
(1) The Regional Executve Director (RED) of DENR Region I-A as
chairperson:
(2) The Provincial Planning and Development Coordinator (PPDC) of the

Province of Rizal;
(3) The Municipal Mayor of Rodriguez in the Province of Rizal, or its duly

-6-


designated representative,

(4) The Barangay Chairman of San Rafael, Rodriguez, Rizal, or its duty
designated representatives

(5) One (1) representative from each department or national govemment
agency directly involved in the PPL or has long term projects or permanent
facility located therein;

(6) At least three (3) representatives from an. accredited POs/NGOs operating
in the PPL, which has been existing for five (5) years with track records
related to the protection and management of the PPL,

Each member of the PAMB shall serve for a term of five (5) years and shail be

considered to represent his or her sector and deemed to carry the vote of such

sector in all matters. in the case of members who are government officials, their

appointment shall be co-terminus with their term of office.

The members of the PAMB shall be appointed by the Secretary of the DENR
in conformity with the provision of the NIPAS Act. As a transitory provision, the initial
members of the PAMB shalt be nominated from the current members of the interim
PAMB of the PPL; Provided, That the PAMB shall include women as members.

‘The representatives from the Local Government Units (LGUs) and national
agencies in the PAMB shall likewise perform, the duty to inform their respective
constituents, office or sector, of PAMB-approved or other relevant policies, rules,
regulations, programs and projects, and to ensure that the provisions of this Act, the
NIPAS Act and its impiementing Rules and Regulations are observed, complied with,
and used as reference and framework in their respective plans, policies, programs
and projects. Failure to comply with the foregoing shall subject such representative
to disciplinary action as the PAMB may provide.

——‘The members of the PAMB: shall not receive any salary but shalt be entitied 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 rules and regulations.

“SEC, 9. Powers and Functions of the PAMB. — The PAMB of the
Pamitinan Protected Landscape (PPL), which shall decide by consensus or by
majority vote of the members present in a meeting, there being a quorum, shall have

the following powers and functions in addition to those provided under Republic Act

No. 7586 or the NIPAS Act of 1992 and its implementing rules and regulations:

7.



25

(1) fssue rules and regulations 10 prohibit acts that may be prejudicial to
the PPL and to the declaration of policy set forth under the NIPAS.

(2)Issue rules and regulations for the resolution of conflicts through
appropriate and effective means.

(3) Adopt rules and procedures in the conduct of business, including the
creation of committees to which its powers may delegated:

(4) Approve the management plan and oversee the office of the PASU;

(5) Establish eriteria and set fees for the issuance of permits for activites
regulated by this Act or the management plan;

(6) Recommend the deputization of appropriate individuats for the
enforcement of the laws, rules and regulations governing the conduct or
management of the PPL:

(7) Approve fees and charges in accordance with existing guidelines and

raise funds for the PPL:
(8) Manage the allocation of the Pamifinan Protected Landscape Fund,

and other funds for the PPL, ensure their proper administration and render
accounting, and

(9) Recommend appropriate policy changes to the DENR and other
government authorities.

The DENR, through the RED, shall ensure that the PAMB acts within the
scope of its powers and functions. In case of @ 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 PPL.

SEC. 10, The Protected Area Superintended (PASu) Office. — There is

26 —hereby established:a PASE Office within the DENR Regional Office to be in charge

27
28
29
30
34
32
33
34

of the management, protection and administration of the PPL. The PASu shall be
supported by the existing personnel of the DENR. The head of office shall be the
chief operating officer of the PPL and shall be directly accountable to the PAMB.

The PASu shall have full sasponsibility for the protection of land, water, wildlife

ther natural physical and biological resources within the PPL. As such, the
sponsibilties in addition to those

and ot
Pasu shall have the following duties and re:
provided under the NIPAS and its implementing Rules and Reguiations:

(1) Establish, operate and maintain a database management system as

-8-


decision support tool;

(2) Prepare the management plans as herein defined

(3) Provide a secretariat for tne PAMB and supply the PAMB with alt the
necessary information to make appropriate decisions for the implementation of this
Act,

(4) Enforce the laws, rules and regulations relevant to the PPL. institute and
file legal action independently or in cotaboration with other government agencies or
organizations and assist in the prosecution of offenses committed in violation of this

Act,
{5) Monitor all activities within the PPL to ensure its conformity with the

management plan,

{6) Recommend the issuance of permits based on terms, conditions and
criteria established by the PAMB,

7) Ensure the integration of the PPL management policies, regulations,
programs and projects in ali concerned national and local govemment units and

(8) Perform such other functons as the PAMB may delegate.

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

SEC. 11. Pilgrimage Area. — ‘The entry of people who visit the PPL for
cunural and religious purposes and olher activities that have benign impact on the
sustainability and biodiversity of the area shall be regulated by the PAMB. For such
purpose, the PAMB shalt designate parts of the PPL where cultural and religious:
activities are allowed under terms: and conditions pursuant to Section 7 of this Act.

—— SEC. 12--Pamitinan “Protected Landscape _Fund. — There is_hereby

established a revolving fund to be known as the PPL Fund for purposes of financing
projects in the PPL.

Income shall be derived from fees from visitorsfourists, fees from permitted
sale and export of flora and fauna ‘and other resources from the PPL, proceeds from
the registration and lease of multiple-use areas. including tourism concessions. fees,
proceeds, and contributions from industries and facilities directly benefiting the PPL,
and such other fees and income derived from the operation of the PPL: Provided,
That the seventy-five percent (75%) shall be set aside and retained by the PAMB

-9-


ou ke Ne

_

a

which shall appropriate the same exclusively for the management and operation of
the PPL: Provided, further, That the remaining twenty-five percent (25%) shall be
remitied fo the Central Integrated Protected Areas Fund (PAF).

The PPL Fund may be augmented by grants, donations, endowment from
various sources, domestic or foreign, for purposes related to their functons
Provided, That disbursements there from 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 reguiations: 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 and rentals
of LGUs facilities. Provided, That the LGUs shall not tmpose property tax and issue
new tax deciaration for areas covered by the PPL. Furthermore, LGUs may charge
add-ons to fees imposed by the PAMB provided that such addons shail be based on
the contribution of the LGUs in the maintenance and protection of the PPL.

SEC. 13. Tenured Migrants and Other PPL Stakeholders. — Tenured
Migrants shall be eligible to become stewards of portions of lands within allowable
zones. The PAMB shall identify, verify and review all tenurial instruments, land
claims. and issuances of permits for resource use within the PPL and recommend
the issuance of the appropriate tenure instrument consistent with the zoning
provided in the Management Plan.

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

{imltple 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 retum it fo its natural state prior to the cultivation or other acts by the

Tenured Migrant.
Within three (8) 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.

-10-


eunse

een ou

8

SEC, 14, Existing Facilities Within the PPL. - Within sixty (60) days from
tne effectivity of this Act, existing facilities such as roads, buildings, water systems.
transmission lines, communication facilities, heavy equipment, and irrigation facilities
existing within the boundaries of the PPL shali submit project descriptions to the
PAMB through the PAS

The PAMB, with the assistance of the DENR, shall determine whether the
existence of such facitity and its future plan and operations wil! be detrimental to the
PPL or whether conditions for its operation shall be imposed. ¥ any such conditions
are violated, the owner of the facility shall be liable to pay fine of Five Thousand
Pesos (P5,000,00) for every violation. Upon reaching a total fine of Five Hundred
Thousand Pesos (P500,000.00), the PAME through the PASu and other government
entities it may deputize, shall cause the cessation and demolition of the facility at the
cast of its owner.

Existing facilities allowed to remain within the PPL may charged a reasonable
royalty by the PAMB, All income from such royalty shall accrue to the PPL Fund

SEC. 15. Renewable and Non-Renewable Resources. — Any exploration
and exploitation or utilization of nonrenewabie resources inctuding mining within the
PPL. shall not be allowed. Renewable energy projects within the PPL shall be
permitted only through an Act of Congress except those involving 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 Environmental Impact
‘Assessment (EIA) as provided by law: Provided, further, That the PAMB nas
endorsed the project.

SEC. 16. Special Prosecutor and Retained Counsel. — Within thirty (30)

gays tronrthe effectivity ofthis Act the Department of Justice (DOJ) shait-appoiat-a.
special prosecutor to whorn ail cases of violation of laws, rules and regulations in the
PPL shall be assigned. Such Special Prosecutor shall coordinate with the PAMB
and the PASu in the performance of histher 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 m the prosecution of cases under the
direct contro! 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 PPL. against any legal

“v1


action related to their powers, functions and responsibilities @s provided in this Act or

as delegated or tasked by the PAMB.
SEC. 17. Local Government Units. - The focal goverment units (LGUs)

within the PPL shalt participate in its management through representation in the
PAMB as provided under Section 8 jereot, Said LGUs may appropriate portions of
their share from the annual intemal revenue allotment and other income for use of
the PPL: Provided, That ali funds directly coming from the LGUs shall be exempted
from the Twenty-Five Percent (25%) remittance requirement for the central
integrated Protected Area Fund (IPAF).

SEC, 18. Prohibited Act and Penalties. ~ |n additions to those provided in
the NIPAS Act, the following Acts shall be prohibited and shall be penalized as
follows:

(A) The penalties and qualifications prescribed in Articles 309 and 310 of the
Revised Penal Code, depending on the value of the resources involved in
connection with the prohibited act or a fine of at feast triple the value of the said
resources or both, shali be imposed upon any person who:

(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or
aquatic plants or animats, flora or fauna, sand, rocks or by-products
derived therefrom, within particularly identified regulated or prohibited
areas zones in the PPL including private lands without the necessary
permit, authorization or exemption: Provided, That hunting of animats
shall be absolutely prohibited except for scientific research,

(2) Cuts, gathers, removes or collects timber or any forest products, within
particularly identified regutated or prohibited areas or zones in the PPL
including private lands without the necessary permit, authorization or

exemption; . — -
(3) Possesses or transports, within or outside the PPL any timber, forest

products, wild terrestrial or aquatic plants, animals, or by-products
derived therefrom which is ascertained to have been taken from within
the PPL;

(4) Undertakes mineral exploration or extraction with the PPL:

(5) Engages in quarrying of sand, gravel, guano, limestone or any material
within the PPL;

(6) Hunts, collects, removes or destroys any endangered or protected

-12-


species, except when collection or removal is for scientific research and
exempted from the prohibition by the PAMB:

(7) Conducts bioprospecting within the PPL without prior PAMB approval in
accordance with existing guidelines,

(8) Engages in kaingin, or, in any manner, causing forest fires inside the
PPL; or

(8) Establishes or introduces any exotic species, within the PPL, which are
detrimental to endemic species and the ecosystem therein.

(8) A fine of not less than Five Thousand Pesos (P5,000.00) but not more

than Five Hundred Thousand Pesos (P500,000.00} oF imprisonment from one (1)
year but not more than six (6) years or both shall be imposed upon any person who

(1) Violates any rules and regutations in the management plan or by the
PAMB or agreements reached before the PANB in the exercise of
adjudicative functions;

(2) Erecis any structure on land or on water for any purposes outside
management plan, duly allowed by the PAMB: Provided, That large-
scale private infrastructure and other projects such as medium to high
density residential subdivisions, medium to large commercial and
industrial establishments, heavily mechanized commercial and non-
traditional farming, and other activities that cause increased in-migration
and resource degradation are absolutely prohibited;

(3) Throws, dumps or causes to be dumped into the PPL any nor
biodegradable material or waste whether liquid, solid or gas;

(4) Uses, dumps, places or causes to be placed into the PPL toxic
chemicals and non-biodegradable products, including pesticides and

—winer hazardous substances;—soaps and—shampoos,—and washing—.-

detergents, unless the same is expressly allowed in the management
plan;
(5) Prospects, hunts or otherwise locates hidden treasures within the PPL;
(6) Informally occupies or dwells in any land within the PPL without
clearance from the PAMB;
(7) Possesses or uses biasting caps or explosives anywhere within the PPL;
(8) Destroys, excavates, vandatizes or, in any manner, damages any natural
formation on land, religious, spiritual, historical sites, artifacts and other

-13-


ewe ernonveene

objects of natural or scenic value:

() Purchase, or sell, mortgages or leases tands or other portions of the PPL

which are covered by any tenunal instrument

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 concemed govemment agency shall be presumed
correct uniess otherwise proven by preponderant evidence.

Any person who shail induce another or conspire with another to commit any
of the illegal acts prohibited in this Act or suffer their workers fo commit any of the
same shall be liable in the same manner as the one actually performing the act.

All conveyances, vessels, equipments, paraphemalia, implements, gears,
tools and similar devices shall be subject to immediate and administrative
confiscation, independent of the judicial procsedings by the PASu Office upon
apprehension, subject to due process and substantial evidence requirements. When
egat action is filed in the regular courts, the said conveyances, vessels, equipments,
paraphemalia, implements, gears, tools and similar devices, independent of the
administrative proceedings, shall not be released until after judgment nas been
rendered. Proceeds of the sale of all objects administratively or judicially confiscated
pursuant hereto shali accrue to the PPL Fund. Procedure for the sale thereof shall
be promulgated by the PAMB, However, in no case shall any confiscated or rescued
protected anima! species shall not be sold or disposed of in any manner but shalt be
immediately turned over to the PASu Office for release in its natural habitat, subject
to existing regulations.

The penalties specified in this Section shail be in addition to the penalties
contained in Republic Act No. 9071 (National Caves and Cave Resources
Management and Protection Act), and-other relatedtaws. ——-. ——

Conviction for any offense under this Act of a public officer or officer of the law
shall cary the accessory penalty of perpetual disquafification from public office.

SEC. 19. Reporting Responsibifty. — The PASu, through the PAMB, shail
submit an annual accomplishment report to the Secretary of the DENR on the
activities undertaken in the PPL.

SEC. 20. Appropriations. - The Secretary of the DENR shall immediately
include in the DENR’s program the implementation of this Act, the funding of which
shail be included in the annua! General Appropriations Act.

“14.



SEC, 24. Construction and Suppletory Application of Existing Laws. —
The provisions of this Act shall be construed liberally in favor of the protection and
renabiftation of the PPL and the conversion 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

SEC. 22. 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 clearance, compliance documents or any other instrument that
allows exploitation and utilization of resources within the PPL until the Management
Plan shall have been put into effect.

All existing land use and resources use permits within PPL shall be reviewed
and shall not be renewed upon their expiration unless consistent with the
Management Plan and approved by the PAMB.

SEC. 23. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations inconsistent with any provisions of this Act shail be
deemed repeated or modified accordingly.

SEG. 24. Separability Clause. — If any part of section of this Act is deciared
by the courts as unconstitutional, such declaration shall not effect the other parts or
sections hereof.

SEC. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days after
publication in the official Gazette or in two (2) national newspapers of general
circutaton.

Approved.



Republic of the Philippines

Houst OF REPRESENTATIVES
_ _ Quezon City, Metro-Manila

Fifteenth Congress
First Regular Session

HOUSE BILL NO._ 3519

Introduced by the Honorable Isidro S. Rodriguez, Jr.
a

AN ACT
ESTABLISHING PAMITINAN CAVE IN THE MUNICIPALITY OF RODRIGUEZ,
PROVINCE OF RIZAL AS A PROTECTED AREA UNDER THE CATEGORY OF
PROTECTED LANDSCAPE 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:

I SECTION 1. Title. - This Act shall be known as the “Pamitinan Protected Landscape

I~ PPL) Act of 2070.
3 SEC. 2. Declaration of Policy. ~ The hiswrical, cultural, archeological and
4 ecological significance of the Pamitinan Cave behooves the Sate to undertake steps for their
5) protection and preservation. .

6 itis therefore the declared policy of the State to ensure its protection and conservation
7 as pan of the county's natural wealth, In so doing, the State shall ensure tbe full
& impiementation of this Act, the mobilization of resources for the institutional mechanisms
4 herein established. and the full scientific and technical support needed for the conservation of
10 biodiversity and its surroundings and other cave ecosystems.

“UL. . SEC. 3 Scope'and Coverage. ~The boundaries of the Pamitinan Protected Landscape
12 (PPL) within the Municipality of Rodriguez in the Province of Rizal, are as follows:
3
14
5


8

1p
u
In
In

i

TECTINICAL DESCRIPTION

annicai coordinates 1215 10745 —

point masked “17 on the Map with

longituae and 443 18.67" dauitud

Thenze Dut North at 2.006 meters te Point >

Thence Due East at 2.000 meters to Point 3.

4

Thence Dor South at 3,000 meters to Point

2.000 meters to Point L: the point of beginning, cantai

ence Due West

area of six hundred (600) hectares.

The Department of Faviroament and Natural Resources (DENRY shal! appropriatcls

mach on the around the techtical descriptions provided in this Act with clearly visible

al! prepare appropriate maps therefor. Any modification of the coverage of

markers an

tl

al situations. new sciemtific or archeoloy?

this Act duz to such factors as changing ecol
findings, a¢ discovery of traditional boundaries not previgusls taken into account shall be

med

made through an Act of Congress. after consultation, with the affected public and co

govcrnment agenci

@ the Pamitinan Protected

SEC. 4. Land Classification. - All ‘ands compris

cape | PPL shall fall under the classification of National Park as provided for in the

ippine Constizution,

surrounding ihe PPL shall be established

Buffer Zones.
persuant 10 te NIPAS Act for the purpose of providing an extre ‘ayer of protection arcund

.d communities can assist in repealing threats le the

the arco, where restrictions can apply

ording te the management plan formulated

PPL. Such hul¥er zones shall be managed

iy Act.



inition of Terms. ~ Tor purposes 22 this det she tellowing terns are

uctined ay foliows

1s amang hving organisms and che

tay “Biodiversity” reters to variety and vaciaey

cur

ms 0

ecological complexes in which said orvan

include genetic resnurces, organisms oF parts therect,

fe) “Biological Resour

popuiation, or any other biotic component of ecaswstems with actual or

or value for humanity

potential

-Bioprospecting” means the research. collection and utilization of Biol

the knowledge derived

appl

and genetic resources for purposes o4

therefrom solely [or commercial purposes.

1d) “Buffer Zones” refer tw identified areas outside the boundaries of and

immediately adjacem % designated protected areas that_need speciat

: minimize harm to the protected arc:

development control in order to avoid -

en or substance extracted from

~By -products or Derivatives” mear any pare tal

wildlife, in caw or in processed form. This includes stuffed animals and

herbarium specimens

to the act of gathering oF harvesting wildlitt

if *Collectian or sallecti

catives,

by. products or de:

“Conservation” mCa0F sustainable ant zation wildtife: and/ormaintenance.

restoration and enbancement of the habitat

mic campics af plan. animal and rnisco-

tis ystem” means the dt

rwanism communities and ther non-Ising environment smreracting ds &

functiqnal unit.



iki “Exotic Species” refer to species or subspes

ies thar are nen erisicsatly

subsp

“Endangered Spevies™ reier Ww %

we is unlikely if the cuusal factors

endangered but whese survival i the

contin Sfiraning

25 of flora and fauna which are

~“Jndsmiz Speci

in the country

specifica

naturally occurring and found only wethi

of flora and fauna which do not

— naturally occur within the protected arca at present or ir historical time

“Habstar” means a place or type af ensiroamen: where species or subspe:

naturally occurs or has naturally established its opulation

im “Hunting” reiers te collection of wiid fauna for fond andior recreation:
purpases with the use of weapons such as guns. bow and arrow. spear ard the
Tike

tay ~Mynagement Board” refers to the Management Baard of the PPL.

jot “Management Plan” refers te the fundamencal plan, siraiegy and/or scheme
which shit guide all activitics refating tm the PPL. in order to attain the
obiectives of this Act.

ip) “PPL” refers to the Pamitinan Protected Landscape,

1g) “PPL Fund” refers to the revolving timd to be established for the purpose of

it

—Fancime projects ithe PPE

furally oscucriny inorganic substance in solid. 235,

eral” refers to ali ri

liquid, or any intermediate state including onergy materials such as coal.

petsnleum, natural gas. radioactive maievia‘s, and geothermal energy

m (NIPAS}" refers to the

National Integrated Protected Arcas

naied protected arcas f0 maintair

gon and administration of ai!



td

a

wi

ecutogica! process

5, TO preserve

zssentiz

ind therein, anc to maintair:

1a ensure sustainable use 0:

diversity

eames: exten: possible,

their natural canditions to the gi

ona: Integrated Protected Areas System Act

“NIDAS Act” refers to the Ni

INIPAS) vf 1992 or Regublic Act \¢ 7586, and its Implementing Rules anc

cqulations

sified as such ir

dic demain o!

refers to the fand of the ps

ional Park

th: 1987 Constitution which includes al! aseas under the National Integrated

Protected Areas System (NIPAS} pursuant &¢ Republic Act No. 7586 primarily

nals. their associated

jenated tor the conservation of native plants and an

habitats and cultural diversizy

“Non-Governmental Organization (NGOW" refers to an agency. institution,

Foundation or a grup of persons whose purpase is to assist people's

organizatigusvassociations in various ways insiuding, but not limited tw.

‘organizing. education. (reining, sesearci and or resource accessing.
-Peopie’s Organization (PO}" eters 12 @ group of orgnnized migrant

peoples which may be an

communities andéar interested indige

established 10

association. cooperative. federation. or other legal vari

M

xt

“ont

d needs—ant

ake colleative acrioa Ww addre:

mutually share the benefits of the andeasar.

land andior water sel aside f

at.fied p.

~Provecied Area” refers 10 ii

reasons of their unique paysical and diclogizal significance. managed to

against destructive fwman

enhance bielogical diversity and  praec

exploitation,



‘

6

ment Boas CAMBY refers 10 a iuitiescetey a)

“Proezied Arca Mit

acy with Republic Act No. 73!

puiiey-myhing body created in

IPAS Act of 1992,

ce the chief operauing DENK.

17) “Protected Area Superimendent (PASa?

officer of the PPL.

ance. which is

taa) “Protected Landscape” se fers te an ares oF national signi

wactorized by the harmonious intersction of man nd land while providing

gh recreation and tourism within the

for public enjoyment thre

opportuniti

otis ity oF the ar

norma! fifesryle andl economi

quarry

ibhy “Quarrying” means the process oF enteucting. removing and disposing

wth the: surface of private or public. land,

urcesTound 6ti or unidern’

| area with high biodiversity value

‘trier Protection Zune™ refers to # naty

which shal! be closed to all human actisit: except for scientific studies and-or
ceremoiat! oe religious use) the indigenous cultura!

communitiessingigenaus, people: include habitats of threatened species

or degraded areas that have beer de-ignated for restaration and subsequent

proection, even if these areas are stil! in various stages of regeneration.

oscupants who have actually gad

Migrants” refer to for

add “Tenure

Toraceast § vearsTartte

Taumously DEeNpred a POLO of HHS BraTEStee a

tpsistence, as af the passage of this Act

and are solely dependent therein for ss

solely dependent for

A protecsed area occupant is unde

jsesable for survival for the bouseheld.

when everything

subsistence cis
including food. clorhing, shelter and hesith, comes onty from the utifization ef

ed area

rescurees from the protec

6



at flora and fa

cay ridiife” meany wild arms and se

n captivity or are being br

- devclopminta! stages, includ

3 or propagate.

4 SEC. 7. Management Plan. Tnere siail be « Management Plan promulgated for the

aork pian in the management of the

PPE. that snali serve as the basic long-rerm frame

{args and guide in the preparation of ts annua: operations plan and huduer

this Ast. the Management Plan shall have

Watkin ane il year from the effectivity o

eral management planning strategy provided for unde:

8 bees pur it

sic. ser fon. It shall contain, among

Te NIPAS Act ang according To the

fallow i

10 others,

sai The calegor, of the prorected area:

ibs Period of applicability of the plan:

ear in suapaet of Section 2 hereof

4 141 Goals and objectives of manag!

“ ey Site management strate)

or limited 16 enforcement of laws.

\6 if Major management activities, such as hut

at and wildlife management. susisinadle use management. infrastructure

comirol,

sment programs.

yement Plan shal’ be prenared by

Protected Arca Superimendear

2 department, local communities an

Wa

LP \Su ie: coordination with the appropriate of

the NGOS. It shal! be sey iewed and approved by the PAMB and certified by the Secretar s

hat the plan confornas te aI”

nificatior. shall be mandate>y 1

ariment. Such os



6

Sonsultation with the PAMB. price

PASw shal! cause publication of no

in 2 ne

sted in the respective 910%
pt

municipaiitie

prote

period for =

hereby

att matters that may aff

Ie shal:

saspaper of general circulation in the conce

applicable rules and re

retary may revise and modi

and regulations.

for

as well as in the barangay

¢ landscape The proposed plan sl

‘of the PASu upon the approva! of the

lang

be compnsed of

Regional Executive Dire

ertitication

rare the expiration af the period

wincial and municipal halls 0}

omment and 2 final plan shalt like

ge understandable in the area.

red u PAMB which shall have jurisdiction, powe

the orm

comments and sus:

hails bounding ar im

Departnent

7 however

ion and conservation plan, artet

fomity with applicable laws.

ine applicubility of the plar: in effect. he
stinns on the suzcessor plar
municspalitizs. Notices shall also be
the concerned provinces and

rediately adjacent to the

hati be made evailzhle 1¢ the publis during, the

be ma:

available for public perusal al the

PAMB: Provided: That tie plans shal! be plainly

8. Management of the Pamitinan Protected Lundscape (PPL).

1 biodiversity conservation. zrotection and sust

There is

and authorizy over the PPL far

able development

(RED) of DENR Region IV-A as chairperson:

nd Devdapmen-Coordinarar PPC HO£the Proxiuce of

ti The Municipal Mayor af Radriguez in the Province of Rizal. or ms duly

designated represcritative:
Barangay Chairman.of

resentative:

driguez, Riz

_ or its duly designated



is

“cr sepresentetive from eack aznarmen: or national government arency

us involved aw the PPL of has iosg term arajects oF permanent facilis

lycated thereie:

died POS'NGOs operating in the

s61 A: feast tharee (31 represematives fram: ae

with track records related 1 the

PPL. which nas been existing far

protection and management of the PPL:

ve (5) years and shall be

ziem of

Each member of the PAMB shull serve

te cary the vote of such sector in all

or and deer

consiskeved 10 represen his or her

s. their appointment shall be co

matters, In tng case of members who wre gowarnmreni oeTie

ferminus with there term oF office.

d by the Secretary of dhe DENR in

{1 be appoint

The members of the PAMP.

2 transitory provision, the initial

conformity with the provisions of the NIPAS Act

members of the PAME shali be nominated from the curren: members of the interim PAMB

of the PPL: Provided, That the PAMT shall include «omer as members.

The representatives from the Locel Government L nits (LGUsI and national agencies

jw tne PAMB shall include among their duties. the dary te infirm their respective

rot PAMB-approsed of other relevant policies. rules.

office or

: the provisions of this Act. the NIPAS

ulations. programs and projects. unc to ensure th

1

SE Te Tinpiementing Rules and Regulations are ONSENGD, conmpMEd witha Used

referznce and framework in their respective plans. policies. programs and projects, Pailure 1

41 such represemative to disciplinary action as the

comply witk the foregcing shall subj

PAMB may provide.

The meminees of the PAMB shali eixe ary saizmy put shall be entitled te

< incurred. either in their attendance in

reunbursements for aclual and necessary #Npe"



official business authorized by 2

onneszign with of

1 mestings of the PAMB or io

jon af the PAM. subje and regulations.

0 extsting TU

MB. The PAMB of the Pamirias

SEC. &. Powers and Functions of the

nsec oF majority vote of the members

2 Landscape :PPI.), which shall decide by con

constituting a quorum of majority of al! tae members. shall have the lulow i

6 -powsrs and functions in addition to thase provided under Republic Act No. 7586 or the

7 NIPAS Ac: of 1092 and its implementing revs and

tions

Issue rules ancl regulations 1 prohihé: acts that mey be prejudicial wo the PPL

© and to the declaration of policy set forth under the NI

Issue rules and regutations for the reso through appropriate

and evievtive means:

Adopt rules and procedures in the conduct of business. including the creation

of somminess to which its powers may be deleg

plan and oversee the office of the PASU;

G4r Approve the managem

1s 13) Establish criteria and set fees for the issuance of permits for activi

i¢ Act ar the management plan

idals for the enforcement of

16+ Recommend the deputization of wppropriate ind:

anayement of the PPL:

lations governing the condtct o¢

the law 5. ru

guidelines and ra

‘ating

ROPRNE fees’ and charges In accordance with

28 funds for the PPL:

ected Landscape Fund, and other

: 18) Manage the allocatior of tre Pamitinan P:

22 timds tor the PPI.. ensure their proper administration and render accounting, and

‘opriate policy chanyes te the DENK and other government

Recommend app
71 authories.

-10-


Tne DENK. through the RII), sh

powers anc functions, In case 07 &

and the resolutions issued by the

Jssuec by the DENR pursuant te the NIPSS Act

applizatior:

PAM, the PAMB shall aotfy the DENR Secretary who shalt decide whether to apply she

inn in PPL.

reig or withdraw its appli
SEC. 10. The Protected Area Superintendent (PASu) Office, — There is herehy

etc be in charge of the

established 2 PASU Office within the

protection and administrat

manage

sone] of the DENR. The he:

existing pe!

firectly accountable to the PAMB.

PPL. and shal

ion of land, water, wildlife and

The P-4Su shall have fill responsibility for the prote:

ir the PPL. As such. the PASu sha

coches naturat physical and hiofogical resources wi

pravided under the NIPAS and

the following duties and respursibilities in addition 10 the:

its Impiementing Rules and Regulations

ment system as decisian

aislish, operate and maintain 2 daiasese mane;

support foot:

ns es herein

Prepare the management 9

Provide » secretariat for the PAM and supply the PAMDB with all the

entatio—of thisAet:

Frail makeappropriate decision TH

sfievant 1 the PPL, institute and f

she laws, rules and reguist‘ior

dy Ente

oO

independently or in collaboration with othe: government a

st in the prosecution af offenses sammnted in violation of this Act

organizations ang

Monitor all activities within the PPI 1 ensure its conformity with the

manageme



peste os eTMs.

niutigns. programs,

pration of tng PPL management po

ed national and Losa! Gvernmen: Unit fevets: and

4 at el! the concer

> § Peefoum such other functions as the P.AMB may delegate,

‘ © PASe shall be supported by sufficient member of personnel who shall bs
ing: day to day: managernent. protection an administration of the PPL. Upon the

§ recommendation of the PAMB. the DENR Regional fxecurive Director shall deputize local

) cammmunity leaders and environment and saturs

People who emer the PPL for cultural and religious pumpese

EC, 1. Pilgrimage.

1. and other autivities that have @ benign impact on the

12 arga shall ae regulated by the PAMB, For such purp

4 under terms and conditions

giows activities are allowed

PPL where cultural and rel

yant 2 Seciian 7 of dhis Act

42, Pamitinon Protected Landscape Fund, — There 's 5 established &

projects in the PPL.

fe pvolving fand we be known as the PPL Fund for pemposes oF financh

ined from [oes from visiterstoprists. fees from permitted sale ar

i be di

7 income

stration

fora and fimuna and other resources 2 PPL, proceeds fram the

18 epon of

a Tul

arta —Conessstanssfees proceeds. “arm

pe use are

ting the PPL. and such other

dustries and facilit

nF teM

five pero

1 That the sevent

© ged jasome derived trom the operation of the PPL: Pron ide

shall appropriate the same

ca shall be set aside and retained by the PANIB w

PPL: Ps

ied. furthar, bat the

the management and opertion of 2



ree

Central megrnned Prats

a shall be

weniger percent |

cas dene TPAF

inns, endowment from varius

nied bY

3 The PPL Fund may be aus

Jerr functions. Provided, ‘Thar

estic or fortign. for purposes

maintenance. adeninistration

am shail be made solely for che

6 ‘stem, and duly approved projects endorsed by the PAMB in
= sccondance with existing accounting and budgeting rules and revulations: Provialedl, further
x e Fund shai: nabbe used-to cover-personal sen es expencitares.

4 GIs shall continue to impose and co‘lee: at! other fees nor enumerated! hercin
Hi which they have tadisionatly collected, as business permits und rentals of 1.GL's

Sy) facilities, Pruvdee! thar the LGUs stall not impose property tax and fssue new ian

add-ons to fe:

may chai

vered by the PPL. Purthermare. 1G

declaration for areas.

sed on the contribution 2

AMB provided that such add-ons sha!

13 impesed ty a
Lt LGUs in the maintenance and protection of the PPL.

' SEC. 13. Teaured Migrants and Other PPL Stakeholders. - Tenured Migrants shal

16 be cligible te become stewards of portions of lands within aliowable zones. The PAMB shal!

ime. and issuances of permits Tur

identify, seri& und review all tenurial instruments. land

Ig resource use within the PPL and recommend the isstance of the appropriate tenure

- —9 sistearinh aeons prsvied tthe ‘visrragsrtem Pla
2G Should arges occupied by T enured Migram> be de ated as zones in which ne

ste the attainment of sus

+ ogcupation or other activities are allowed puss:

o3 development. provision for the transfer of said Tenures Migrants 10 multiple tse 77Ae> oF

21 fudler zones shall be accomplished through just and humane means



or hy voiumrary surrender

mination of a sesuria! insh ne:

even

the arse in order We return ETS

1 si@"take Ininiediate steps te

1. the cultivation oF other azt oy the “Tenered Migrem

Aer the ASU shall submit 19 the

3; months trom the passage ot 1

alt be final upon approva: of the

> bAMB th

PANS. _o- wee

in sixty (60) Gays trom the

Within the PP

. SEC. 14. EN

isting Facititic

systems. iransmission

Mf this Az!

exining facilities such #5 roads. bulidings. ware

she

6

«. communizerion facifiies, heavy equipment, and irrigation facilities existing «

PAMB through the PA:

nourdarnes 27 the PPL shall submit project descriptions te th

u Faz PAMB. with the assistance of the DENK. shal: determine: whether the existence

tal co the PPL or wherher

of such, tasility and its future plan and operations will be denim

ditions are violated, the owes:

‘ons for its gperation shall be Imposed. [Fany su

100.00 for ever:

able pay a fine of Five thousand poss (|

sand eens [PSOU.00E GC.

reaching » coral Fine of Five handre:

}aSu and deputizing other government eat

1 of its owner.

ties allowed te remain within the PPL

pe Sea eit hstie PAM SAE tome fromsuctrreyal attaceme wthe PPE-Fund —- —

1k. Renewable and Non-Renewable Resources, - Any exploration. and

<uitizatinn of nonronewable resaurce inciuding mining within the PPL shail

be permitted only thraugh an

4. Renewable energy projects withir. the PPL §

and not more than three 134

J. sun and water so:

se excep: energy from w

hese <enewuhle energy projects are

vdre power: Provided

are



4. and under

ection zone, sdopt resi

outede

Lai sysem a 2

Ems irae

PAMB hes ondersed the pro

as

SEC. 16. Special Prosecutor and Retained Counsel - \vvisin thirty 1301 days irom

> theef this Act the Deparenent of Justice OCH shat apport a special prosecuror

6 sec whow: all cases of violation of laws. rules and! regutations :+ the PPL shall be assigned.

5 Such Spesin’ Prosecutor shall coordinate with the PAMIB and the PASt in the performance of

higher durise and assist an the training of wardens ang rangers in arrest and <rimival

procedures. The PAMB may vetain the services of counss’ te prosecute andor assist in the

ty prosezution of cases under the direct contro! and supervision of the regular or special

of the PAME, the PASe and the staff, or any persor

utor and i defend the member

my

jon. conservation and sustal: clopment of the PPL, agains:

Actor as

us provided in thi

SEC. 17. Local Government Units, - The ioce’ government uruts (LGUs! hi

representation in the PAMR as provides

(5 management ¢hrou

PL shail pat

‘pais ie

from the annus.

17 under Sestian § hereof, Said LGL's may appropriate portions of their share

he PPL: Provided, That all funds

i$ interna’ sevens aliotment and other incora: use af

yom fireethy “Taming re, aL GUS shell he exemeptec trom the: twenty five percent

2 Area Fund (IPAT)

26 remmiance

2 SEC. 18. Prokihited Acts and Penalt

wirement dor the ccutral lates

= Phe following shal! be ohibitions

prahidited acts 25 provided in the

applicable to the PPL. in addi

and pesait

NIPAS Act and its laplementing Rules and Re



areles 38 and 3°0 of the

Fre penalues and cu: gn arse

teveived in comncetion w ith the

Prine restur

nai Cone. dspercling or. the yaius

Revise

or both shail be

she saicl resoun

prohinited act ov fine nf a leas: triple the wat

posed per ant persun whe:

Janes. destroys, collects, disturbs oF possesses any wild tezrestrial or agueric

by-products derived therefrom,

pias or animals, flora or [una sand

hibited areas zones in the PPL

within particularly identified regulated or

including private ands without the necessary permit, authorization or

exemption’ Provided, That hunting of animals shall be absolutely pronibired

rife research:

timber oF any forest products, within

remaves or collect

ed regulated or prohibited areas or zones ip the PPI.

essary permit. authorization or

private lands without the

semption: =

forest produc:

vr transports, within or outsisle the PPL any timber.

aninals. or S-products derived inerefror

3 terrestrial or aquatic plants.

PPL

in caken irom the

is uscertained to have b

iti Crdertakes mineral exploration or extracting within the PPL:

guancHerestoneorany materiai-wilhire

eT uacegTng of sams gravee

for Mun’s. collects, removes or destroys any endangered or protected species, except

research and exempted from the

ashen collection or removal is for scienti

pronihition hy the PAMB:



5 fee Prospects, himls OF OU

haganally ascapies or dwells ir

the PAMB.

PPL

ere withir the

blasting caps 2°

damages any naturel

: ity Desiroys. excavates, vandalizes or, wn any mana

ious, spiritual. Hystarizat sites. artifacts and other objects

mation on land, rel

: wo naiural or scenic wal

x Alters, removes or destrays bounday

a ti Porshases, or sells, murtgapes or lasses tands ar other aertions of the PPL which
10 are covered by any tenuria? insteameat

u Vahuatian of the damage for this Act shall take into account biodiversity and

Valuation assessed by th

id scenic val

tions as wel! as aesthetic ans

E2 consersation: cor

ess otherwise

DENR or the concerned government agency stall be presumed correct

proven by preponderant evidenze.

1B ‘any person who shall induze another or conspire tw commit any of the i

be liable in the

i: uns of the same shal

in thi Act or suffer their workers 1 com

16 pret

same manner vs the one actuatly performing te

ents, gears, tools and

ancanvesIs. equipments. parechematia imple

cation.indenendea

<6 sinttlar deviver statbe sobject tc-immediate- and-achninistratse com

0 the judicis! proceedings by the PASa (office upen apprehension. subject however te do

wirements. Whee legal action is however. filed inv the

ond wibwantial evidence req

ots, paraphernalia. implements,

she said conveyances, vessels. ep

3 tocés and semilar devices. independent af the administrative proceedings, shall not be released

of eli ahivets administrative!

after judgment has ocen rendered, Proceeds oF che s2|

-18-



“acaiet! pursuit herele- shal a2}

shal. aay confiscated oe

ated by the PAMB, Hes en

ier disposed of bun skal!

anime} species De sa. or

ral habitat. subj

n Ww the penalties contained in

ent and Protection

Manager

ic AZ Nu, 9172 (National Caves and Cave Resources

Republic Act No. 9147 (Wildlife Resor Consenation and Protection Act). ané

6 ther retered laws

er or officer of the law sineil

i Cons ction ths any offense ander this Act of 2 public off

accessory penalty of perpetua! disqualificatior from aub.ic office,

sam

rough the PAMB. shal! submit az

SEC. 19. Reporting Responsibility. — The PSSu.

omplisment report Lo the Secretary 9° the DTNR an the activities underaken

annual a:
14 the PPL
" SEC. 20, Appropriations. — The Secreta shsil immediately include in

juded

the DENRS program the imptementation“of this A>! af which shall be i

| Appropriations Act.

i? in the annua:

SEC, 2. Construction und Suppletory -spplication of Existing Laws, ~The

fe nemvisisnsay thiscAot shot ne-comstrrectHhertHy in-tewer oFthe provestion: ang-eehabilitation

ation of its bigiegizal diversity. aking into account

20 of the PPL and the conservarion and re

fi

present and finure Filipino

interests. of qualified tenursd mi

tne needs and

generations

sige NIPAS Act shal! have suppletory effect ir the implementation of:

-1%



wery and restoration 07

SEC. 22. Transitory Provision. — In order to ensure the reco
iological diversity and (0 develop sustainable livelihood opportunities for Tenures
Mierants, the DENR shall henceforth cease tw issue concessions, licenses. permits

clearance, compliance documems or any other instrument that allows exploitation and

the. PPL until the Management Plan shall have been put into

utilization of resources within.

effect.
All existing land use and resources use permits within PPL shall be reviewed and

ghall not be renewed upon their expiration unless consistem with the Management Plan and

6
7
g
9

approved by the PAMB.
10 SEC. 23. Repealing Clause. For the purpose of this Act the provisions of Republic

“41 -Act No= 7586 or the NIPAS Act at hereby modified in accordance with the herein
12 All other laws, rules and regulations inconsistent with this Act are hereby repealed or
13 modified accordingly. The prohibitions and penalties under Republic Act No. 7586 are hereby
14 superseded for the entire area covered by this Act.
15 SEC. 24. Separability Clause.-fany part of section of this Act is declared by the
16 courts as unconstitutional, such declaration shall not affect the other parts or sections hereof.
17 SEC. 25. Effectivity Clause. — This Act shall take effect fifteen (15) days after

18 publication in the Official Gazette or in two (2) national newspapers of general circulation.

19 Approved.



Republic of the Philippines
House of Representatives
COMMITTEE ON NATURAL RESOURCES
bY boo, fi Mire Buing, Getmenn Pambante Complex Zaraiutnn Ha, Quetom ty
Meus surat 61-20-08 Taurine @31-£06t local 7184

FIFTEENTH CONGRESS
First Regular Session

DE THE §*° REGULAR MEETING OF JHE COMMITTEE ON NATURAL
RESOURCES HLLD ON MAY 25, 2011 (WEDNESDAY), 1:30 P.M. CONFERENCE
ROOMS 3 & 4, SPEAKER RAMON Y. MITRA, JR. BUILDING, HOUSE OF
RAPRSENTATIVES

MBERS PRESENT:

. Francisco T. Matugas- Presiding Officer
Philip A. Pichay
Evalyn P. Mellana
|. Eimer E. Panotes
2. Cesar G. Jatosjos
beter M. Unabia, Jr.
, Maxime B, Rodriguez
‘us Rodriguez
Eieandro Jesus F. Madrona
Ramon H. Durano VI
.. sida S. Rodriguez, Jt.
. Afredo D, Maranon IT
Daisy-A
Loreto Ocampos
nig B. Roman

Edgar 3. San Luis
. Joselke Andrew R. Mendoza
hon. Carlos m. Padita

Hon, Eduardo R. Gullizs

Hon, Jesus Emmanuel Paras
Hon, Bernardo M, Vergata

Radel M, Batocabe

Ma. Valentina G. Pleza

. Juan Edgardo M. Angara



Hon. Ma. Theresa Bonaan-David
1, CALL TO OF! ERS ROLL CALL
The meeting was called te order at 2:00 p.m with the Honorable Francisco T

Hutugas presiding. Of 2 motion made and duly seconded, aing no objection,
AR aa ea he cob was dispensed with

DL. APPROVAL OF MINUTES OF THE PREVIOUS MEETING

On a motion made duly seconied, there being objection, the reading of minutes
of the previous meeting Was dispensed with and the same was approved.

IL. INTRODUCTION OF GUESTS /RESOURCE PERSONS

The Commities, Secretary acknowledged the gussts and resource persons iN
attendance.

iv. REMARKS FROM THE CHAIR

Chairman Matugas said that the committee woukl discuss MEASUTES which establish
protected area, fand classification and mining ban. with the presence of experts
coming from 3 diferent Sectors, he believed that the committee will be able to
catisty the merts ‘of the propaced measures

MEASURES:

v. DELIBERATION O# THE FOLLOW

4. House Bill No. 4205, entitied: “AN ACT DECLARING A PARCEL OF LAND OF
THE PUBLIC DOMAIN AN "AGRICULTURAL LAND FOR “TOWN SITE PURPOSE OF
ECIPALITY OF SALVADOR BENET 3 PROVINCE OF NEGROS

‘AL AND FOR OTHER PURPOSES,” by Hon. Julio A- Ledesma

. 2448, THE FORMER CHIONGBIAN
BRATING LANDS LOCATED 1H MRCIBALITY OF GUTALAC, PROVINCE OF
ZAMBOANGA peL NORTE, OPEN TO DISPOSITION FOR AGRIGULTURAL,
-—RESIBENTIAL, COM AND OTHER PRODUCTIVE PURPOSES,” by Hon.
Cesar G. Jalasjas, Seth F
Canonige and Jonathan C. Yambao

3, Mouse Bifi No. 807, entitled ‘AN ACT RATION: ING THE MANAGEMENT OF
THE BATURAL RESOURCES SN THE CAMOTES ISLANDS, PROVINCE OF CEBY,
NG FOR THE PURPOSE PROCLAMATION NO. 2152 DATED DECEMBER 29,
FD" IG THE ENTIR PROVINCE OF PALAWAN AND CERTAIN

Tee PUBLIC DOMAIN & DJOR PARTS OF THE COUNTRY AS
> FOREST RESERVES,” by Hon. Ramon “ped” H. Durano vi

gince the above-siated bits had been approved by the committss in the 14"
Congress, Rep. Pechay moved FOr the omnibus approval of HPs 4195, 2448 and
dy Rep, Unabia, there helng NC objection, the same were approved.

rick Po iaissies, ROTAO Me dalngjos_ Ir. Ranulto F.



House Bill No. 859, entitled: “AN ACT E HING THE BATAAN NATURAL
PARK, SUBIC WATERSHED FOREST RESERVE Ali ROOSEVELT PROVECTED
LANDSCAPE SETUATED IN THE MUNICIPALITIES OF DINALUPIHAN, HERMOSA,
SAMAL, ABUCAY, BAGAC AND MORONG IN 71 PROVINCE OF BATAAN
AND 1M THE MUNICIPALITY OF SUBIC. PROVINCE OF ZAMBALES AND THE CITY
ONGAPO, AS ONE PROTECTED AREA UNDER THE NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM, WG FOR TTS MANA MENT AND FOR
THER PURPOSES,” by Hon. Herminia B. Roman

Rey, Roman saut that HB £50 would establish Bataan Natural Park, Subic
Watershed and Forest Reserve as one protected area under the Nationat
Incegrated Areas System or the NIPAS Act. ‘She said that Philippine ecosystem is
among tlre hottest biodiversity hotspots in the world because it has Several species
per square metet of territory. it is identified as one of the leading ~megadiverstty”
ceuntties by scientists and international institutions, However, the rate of habitat
destruction is iso among the highest it the work. Her bill enacted Into jaw
smut be 2 noteworthy comphance with our coustny’s intemationat commitments
ronmental protection and conmservatian, she added.

reresha Biastique of the Prxected Areas and wWiidyfe Bureau (PAWB)
essed her agency's full support te the passage of the bil into la However,
She suggestad the inclusion of the technical description of the area in the Bill

rs nter also expressed support 10
the prockamation of one protected aree composed of the Subic Watershed Forest
Reserve, Roveevet Protected Landscape and Bataan Nets {Park to be narned 25
Sipe bataae-Aocsever Natural Park. Howsvef, she recommended that the three
vreae be proclaimed separately and each has ie ovm Protected Area Management
dnard (PAME). He caid that she already submitted their position paper on the hill

to the co

Rep, Roman noted the latter's recommendation.

asus Gararde af the National Mapzing and Resource Information Authority
MRIA) comnatted to submit a techitical description of HB 850 in one month's

joved by fem. Fanotes, duly seconded by Mendoza, theie being no
vbjection, the body approved He &50, subject to amendment apd style.

House Sill Re. 3519, titled: “AN ACT ESTABI ING PAMITINAN CAVE In

THE MUNICIPALITY OF RODRIGUEZ, PROVINCE GE RIZAL AS A PROTECTED:

LANDSCAPE PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES," by
, Rodriguez, 1.

tan.

Jeldre Rodriguez uscd the explanatory ns his introductory statement of
a He sait that his blll would preserve and develop the sublect area for eco
tour protect the bivlagically important ates 3 habitat for rare endangered

fiora ana fauna.

support to the passads of the iit

expressed



Mr, Jesus Gerardo of the National

(NEMRIA) and Ms. Teresa Blastique of the Pri

Mapping and Resources information Authority
ed area and Witllife Bureau

(PAWB) expressed their support to ‘the passage of the bil.

Ms. Lucia AWarez Jaime, member
the bit,

of Pamitinan Board interposed no objection to

ep. Panos moved to approve the pill, seconded by Rep. Tlegon, thers being no
objection, the committee approved HB 3519,

House Bill No. 3832, entitled: "AN ACT ESTABLISHING MT- MATUTUM LOCATED

IN THE MUNICIPALITIES OF POLO!

MOLOK, TAMPAKAN AND TUPI, PROVINCE OF

SOUTH COTABATO AND THE MUNICIPALITY OF MALUNGON, PROVINCE OF-
SARANGANI AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED
TAHDSCAPE, PROVIDING FOR TS MANAGEMENT AND FOR OTHER PURPOSES,” by

fan, Baby Avance-Fuentes, Pedro

's, Acharon and Emnisnuel D. Pacquiao

ep. Daisy Avance-Fuentes apprised the committee about the importance of Mt.

ty of many

cpuryan not onfy In Mindanac but to the whole country as wel. Its 2 habitat and
ndemic species and catchment area fer several drainages In

the nearby areas. it has been declared as 2 protacted area by virtue of

Presidential Proclamation Ro, 552

-orester Ali Hadjinasser, represent!
Dil.

but 2s required by ve, Congress still has to

2 pw to declare the area under NIPAS.

ing DENR-Region 12 interposed no objection to

Me. Teresita Alastique aise expressed support to the hil bat she suggested the.

Weation of the technical dé

ription of the land being said In th

bil

is, Jesus Gerardo tikowise expressed support to the bill and agreed to ihe

suggestion that the tech
verified.

description of the area mentioned in the bill be

Rep. Avance-Fuentes agreed te the said sugpestion and requested the committer

-that any amendmentzaised in the i

notified.

Rep. Acharon moved to approve the bill subject tO Ne submission of the
erended by Rep. Roman, hearing no objection, the committee

description

Pep, Acharon and Rep. Paquiso shall be

haicat

approved HB 3632 subject to arnendment ané style.

House Bill Ne. 4399, entitled:

WILDLIFE SANCTUARY AS A PROTECTED Af
RISM ZONE, PROVIDING FOR TTS MANAGEMENT, AND FOR OTHER

yy Hon. Evelyn P. Metlana

keep. Hallana sponsored HB 4399
pody that his district has submitte

CLARING THE AGUSAN MARSH

TAN AS
REA AND AS A SPECIAL ECOLOGICAL

using ts explanatory note. She apprised the
id. board resolution endorsing her bith



8

5

RED Sui af the DERR-CARAGA expressed full suppart to ‘the passaa+

bik into few,

Gerartie hkewise expressed sitppot to the bill,

Ms, Blastique aad

Rep. Shay moved for the approval of © there bemg no objection, the borly
approved the same with all members and ex-officio members present aS 20"

authors.

House BI No. 2152, ented: “AN ACT RECLASSIFYING THE TOWN
PROPER AND ADJACENT LANDS OF THE MUNICIPALITY OF SILVINO LUBOS,
NORTHERN SAMAR FROM TIMBERLAND TO ALIENABLE AND DISPOSABLE LANDS,
ADPROPRIATING FUNDS THEREFORE,” by Han, Emil L Ong

i Ony caid that his bill is a re-fiied bili from the previous at Congress. Tt
‘exhaustive discussion and passed in 2! reading. Stould this bill be

Se weevene bond-fide occupants could aeady apply for uitle of the
i 2 revenue collection of

apraved
lands they tilled for a fong per \¢ of time anc therefor
the iocaity would be endanced.

DENR- Region VIII said that they frave 70° objection
Sai survay of the saki area be conducted.

tion made by Rep. Panotes, seconded by Rap. Hegan, there being no

mittee approved HB 2152.

SIT Na. 2677, entitled: "AN ACT PROVTD!

at A OF BIAK NA BATO PARK
(OF THE PROVINCE OF BULACAN STUATED IN THE
EL FOR, TTS PRESERVATION ANO PROTECTION AND

oseito R Mendoza

Reg, Mendoza said that they had endeavored t© stop mining operation in Biak Nia"
g. Hon Government Organcations (NGOs), environmentalists and

jocal governmenis had protested to stop the irauent mining expiration therein

aaa ee that they won the fight ther went to preserve 2A¢ prevent the recurrence
of the said deste 2 area, He stressed th ‘peresshy to retnstate

Na Gato National Park 3s provided tor under Presi

viginal
procamatian Wo, 223. The area of Blak Ra Bate was reduced due to the
encroachment of mining actWities, he recated.

Rep. Panotes manifested nis intantion to be a co-author of HB 2677.

ency’s support to the

Panotes, there being no
at

Pichay, seconded by
HB 2077 with all members: and non:

INTO
DOMAIN FOR THE PURPOSE



OF DISTRIBUTING THE SAME TO BOWA =IDE FAR: OF," dy Hon, Loreto

Leo S, Ocarmpos

campos said that if his bil! would be passed mlo law, & would address the
ity of the fatmer-occuparts to own the land they tiled for a long period of
and would therefore enhance revenue collection cf the affected locality, He
streesed that some coominates are projecting Indian ocean which is really
impossible and ridiculous.

OIC RED Corazon B. Galinato of the DENR Region X expressed her oppostton to
the passage of the bil iito fax. She said that converting the buffer zone of Mt.
Maindang Protected Area is not a sakuiion to the probiem of the said farmer
pants in th atea, It just make the atez prone tp Umber poaching and entry
Tegat occupants, The farmers can be granted 2 tenura! instrument renewable
very 25 yeurs, insivad, She further said che already submitted the DENR-Region
X pesttion paper on the bi.

Mr. Geranio disclosed that they have finished definzating the wiok Mk
Occidental put his office has no technical description on Mt. Malindang alone.

Rep, Gcampes said that the technical dascrinbon of his bi & diferent trom the
DENK which is the output of the Regional Assecement and Delineation Teams
(RADT) of DENR-Region X which conducted delineation of permanent f tland
boundaries and land use assessment of the province of Misamés Occidental

as tney go along th:

‘sit dowen with Dt

Hep. Ocampes stated that hi

Kep. Dares sad that the DENR must provide

final evaluation as far as the
is of the proposed area is o :

fir. Gerardo commented that when it comas to 3 technical description on the area
ecommendation most often adopted.

ugas shared his observation that cometimes the actual ground survey
an be meorrectty transinted, Hoy must sill be the responsibilty of

Fe provide the correct one.

Hearing several issues raised on the bil, Rep. Ocampos requested for the

deferment of the delineration of 11 3909, seconded by Rep. Pehay, the committe:

%

2
&
8
$
£
:
4
8
g
5
Fd

CERTAIN PARCELS OF LAND OF
WITHIN THE LESISLETIVE DISTRICT OF THE
PROVINCE OF AGUSAN SUR AS AGRICULTURAL LANDS OPEN TO
POSETION FOR AGRICULTURAL, RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR
PURPOSES,” by Rep, Evelyri P. Metana

id tnat her bil declares parcels of iand of the pubic domain within

1 Sat as agricultural and other productive purposes.



Rep. Angara said that HB 560 would proclaim Aurora Kemorial Protected Landscape,
Dinalupihan River Protected Landscape, Talaytay River Protected Landscape, Amro
Rivet Protect! Landscape and Simbahan-Talagas protected Lanszps, under NIPAS.
These areas are among the priory sites for bindiversty conservation in the country.
He appealed to the body to approve the proposed measure te prevent further
deterioration brought about by the extractive activity of mining, fogging end high
human population density in the area.

Ms. Blastique relayed her agency's support to the bil She said the areas to be
Geciared protected betong io the key biodiversky area.

Mr. Gerardo likewise expreseed his strong support to the passage of the bill He said
that they have already a technical description on the subject arens.

Rep. Padilla moved for the approval of the bil, seconded by Rep. Panotes, there being
ino objection, the body approved HB 560 with al members and né“members present as
co-authors.

ADJOURNMENT

The meeting was adjourned af 4:11 p.m.
THEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING MINUTES,

beat |-
VENERANDO cpomanco

Suparvising Legisative Staff

FRANCISCO T, MATUGAS:

Chairman



JOSEPH EMU

Republic of the Bis
Aouse of Representatives
‘Quezon City, Betra anils

[LIO AGUINALDO ABAYA

Representative

2st District, Cavite Telefax: 933-6381

October 6, 2011

CHATRMAN FRANCISCO T. MATUGAS
Committee on Natural Resources

House

of Representatives

‘Dear Chairman Matugas:

Please

be unformed that the Committee on Appropriauons recommends the approval of the

following House Bills without amendment:

ol

p

House Bill No. 3832, entitled “AN ACT ESTABLISHING MI. MATUTUM
LOCATED IN THE MUNICIPALITIES OF POLOMOLOK, TAMPAKAN AND
TUPI, PROVINCE OF SOUTH COTABATO AND THE MUNICIPALITY OF
MALUNGON PROVINCE OF SARANGANT AS A PROTECTED AREA UNDER
THE CATEGORY OF PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES”,

House Bill No. 3519, entitled “AN ACT ESTABLISHING PAMITINAN CAVE IN
THE MUNICIPALITY OF RODRIGUEZ, PROVINCK OF RIZAL AS A
PROTECTED AREA UNDER THE CATEGORY OF PROTHCTIID LANDSCAPE,
NG FOR IT'S MANAGEMENT AND FOR OTHER PURPOSES”, and

House Bill No. 3075, entitled “AN ACT DELINEATING THE SPECIFIC LIMITS OF
FORESTLANDS, NATIONAL PARK AND AGRICULTURAL J.ANDS IN THE
PROVINCE OF IFUGAO”

Voit Fmmenwel D. Pacquiao
Hon Indio 8, Rodrigaea, 1.
Hon Teddy Brawner Baguila, Jt

Rin. 206 South Wing
Tel, 931-5001 local “267

CHAIRMAN: APPROPRIATIONS
Senior Vice Chairman : Science and Tecimology

Member: Energy; Ethics and Privileges: Good Goverament and Public Accountability:

Housing and Urban Development; Information and Commanications Technology:
Justice, National Defense and Security. Public Order and Sefery: Ways and Mean