ZQEPRES,
Ye seo”
fi Bree VED 3)

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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL nod 41 3

Introduced by Representative CIRIACO B. GATO, JR., MD, FPSO-HNS

EXPLANATORY NOTE

This bill seeks to reclassify Barangay Itbud, Muni
Batanes, from a National Park into Alienable and Disposable residential area/site.

ity of Uyugan, Province of

In 1910, people migrated and settled in the area after the Spanish rule in 1789 and before
the American occupation. In 1920, the first chapel, residential stone and lime houses, and school
buildings were constructed. Grades I and I classes were opened in 1927-1928. Home to at least
five hundred people, Barangay Itbud is a now a detached barangay of the Municipality of
Uyugan, situated along the National Road, 23km south of the capital town — Basco. Its
conversion from a National Park to an Alienable and Disposable residential area/site will provide

long-time residents opportunities and entitlements as genuine owners.

The Department of Environment and Natural Resources, through the Provincial
Environment and Natural Resources Office in Batanes, approved the Survey Plan for the six (6)
hectare-wide Barangay Itbud. It provides the Technical Description of the map location, as a
basis whether to exclude Barangay Itbud as part of the BPLS under NIPAS, for the assessment
and reclassification of the land to sustainable development and strengthen land conservation and
cultural practices of importance to Batanes' Indigenous people while maintaining a sound

1


‘ecosystem that will be beneficial to the whole community.

‘This bill was filed in the 17th and 18th Congress; however, due to lack of material time,
it did not become a law.

In view of the forgoing considerations, the approval of this bill is ardently sought.

[ACO B. GATO, JR., MD, FPSO-HNS


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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 441 c)

Introduced by Representative CIRIACO B. GATO, JR., MD, FPSO-HNS

AN ACT TO CONVERT BARANGAY ITBUD, MUNICIPALITY OF UYUGAN,
PROVINCE OF BATANES, FROM ITS PRESENT CLASSIFICATION AS NATIONAL
PARK TO AN ALIENABLE AND DISPOSABLE RESIDENTIAL LAND/SITE

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

ARTICLE I
Title and Guiding Principles
SECTION 1. Short Title. — This Act shall be known as the “Batanes Land Classification
Act of 2022”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to
provide access to land development and sustainability in certain localities in the Philippines in
the highest consideration to advocate social welfare and put forward the advancement of rural

development and industrialization in the far-flung areas.

In relation thereto, with consideration for the integrity of farmers and landowners to fair
remuneration and the ecological needs of the country, this Act must implement more equitable
distribution to empower the people and give them the chance to improve their quality of life and
to identify issues using locally available resources and knowledge towards increased productivity

in their residential site.


The State shall adhere to the principles that land distribution is a social respo
the awarding of land and titles should promote high productivity in the community and the
district.

ity, and

The State recognizes the role of the Local Government and strategically, local
stakeholders in providing services and access to land systematization in supporting the Filipino
People. Thus, these authorities must be given the necessary power to reorganize the land use. It
is hereby declared the policy of the State to address the concerns of the citizens to reestablish

public relations and mobilize them to protect the area of concern.

SECTION 3. Objectives. — Pursuant to the above declaration of policy, the State shall

endeavor to accomplish the following objectives:

(@) Develop and promote comprehensive approach and social contract in mending local
based issues in a collective manner by all relevant stakeholders including planning,
organizing, decision making, implementation, and evaluation.

(b) Ensure the conservation of the land and the local cultural heritage in the community.

(©) Development of an extensive tourism to stimulate investments and produce livelihood
for the locality as a tourism-based economy for undeveloped remote areas whilst

preserving the heritage and culture.

(d) Enabling all Indigenous cultural community stakeholders to advance skills and

competencies which accords inclusive local development.

(e) Guarantee that the development of the residential area governed by the LGU ensures the
necessities of the residents in terms of public services and establishment of certain
structures shall be first met and safeguarded.


ARTICLE I
Definition of Terms

SECTION 4. Definition of Terms. - As used in this Act:

(@) “Alienable and Disposable Land” - Alienable and disposable lands refer to those lands of the
public domain which have been the subject of the present system of classification and declared
as not needed for forest, mineral purposes, and national park;!

(b) “BPLS” refers to Batanes Protected Landscape and Seascape;

(©) “Indigenous cultural community” - 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’;

(d) “Indigenous People” ~ refers to a group of people or homogenous societies identified by self-
ascription and ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads of colonization, non-indigenous
religions and culture, become historically differentiated from the majority of Filipinos;?

(©) “Land Classification” - A system for determining land of the public domain into forest land,
mineral land, national parks, and agricultural land based on the 1987 Constitution‘;

(f) “Land Reclassification” - The process of allocating land of the public domain to specific uses

* THIRTEENTH CONGRESS OF THE REPUBLIC) OF PHILIPPINES SENATE Introduced ...,
hnttps://legacy senate gov. ph/lisdata/11405641 pdf,

* Republic Act 1138/ https://lawphil.net/statutes/repacts/ra2018/ra_11038_2018.html
*Republic Act No. 8371 https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
“https://fasps.denr.gov.ph/index.php/resources/glossary-of-terms/land-

classification Term, land%20and%20alienable%20%26%20disposable%20land.

5


such as agriculture, residential, industrial, or commercial.;°
(g) “Land Use” - The manner of utilizing the land, including its allocation, development, and

management.°

(h) “Land Use Conversion” — refers to the conversion of a piece of agricultural land’s existing
physical use into another use such as commercial, residential, industrial, or other agricultural use
other than cultivation of the soil, crop planting, or tree growth, as allowed by Department of
Agrarian Reform (DAR);’

() “National Integrated Protected Areas System (NIPAS)" - is 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;*

(@) “National Park” - refers to a forest reservation essentially of natural wilderness character
which has been withdrawn from settlement, occupancy, or any form of exploitation except in

conformity with approved management plan and set aside as such exclusively to conserve the
area or preserve the scenery, the natural and historic objects, wild animals, and plants therein and

to provide enjoyment of these features in such areas;”

* Foreign-Assisted and Special Projects Service / https://fasps.denr.gov.ph/index. php/resources/glossary-of-
terms/land-reclassification

DAR ADMINISTRATIVE ORDER NO. 01-02/
http://lis.dar.gov.ph/documents/368#:~:text=Land%20Use%20Conversion%420refers%20to%20the%20act%¢200r, of
%20produce%20therefrom%2C%20as%20approved%20by%20DAR.%202.13.

7 DAR ADMINISTRATIVE ORDER NO. 01-02/
http:/fis.dar.gov.ph/documents/368#:~:text=Land%20Use%20Conversion%20refers%20to%20the%20act%200r,0f
%20produce%20therefrom%2C%20as%20approved%20by%20DAR.%202.13.

® REPUBLIC ACT NO. 7586/
https://lawphil.net/statutes/repacts/ra1992/ra_7586_1992.htmis:~-text=%22National2OIntegrated%20Protecte
d%20Areas%20System%20%28NIPAS%29%22%20is% 20the, their%2Onatural%20conditions20to% 20theX20great
est%20extent%20possibleX3B

° REPUBLIC ACT NO. 7586/
hhttps://lawphil.net/statutes/repacts/ra1992/ra_7586_1992.htmlt-~:text=%22National%20Integrated%20Protecte
<d%20Areas%20System%20%28NIPAS%29%22%20is% 20the, their%ZOnatural%2Oconditions%20to%20ther20great
est%20extent%20possible%3B


(k) “Protected Area” - Protected area (PA) refers to identified portions of land and/or water set
aside for their unique physical and biological diversity and protected from destructive human
exploitation. PAs are categorized as: (a) Natural Park; (b) Natural Monument; (c) National Park;
(d) Wildlife Sanctuary; (e) Protected Landscape/Seascape; (f) Resource Reserve; (g) Natural
Biotic Area; (h) Marine Reserve; (i) Managed Resource Protected Area; (j) Game Refuge and
Bird/Fish Sanctuary; (k) Watershed Forest Reserve; (I) Watershed Reservation; (m) Wilderness
‘Area; (n) Mangrove Swamp Forest Reserve; and (0) Other Categories established by law,

conventions or international agreements which the Philippine Government is a signatory;'”

(D) “Protected Area Suitability Assessment (PASA)” — refers to a rapid screening and evaluation
of protected areas, to determine their suitability for retention, establishment, or disestablishment
as protected areas, the modification of their boundaries, or the inclusion of proposed additional
areas in the System;'!

(m) “Residential Area/Site” — refers to the land used as a permanent residence or domicile;
(n) “Timber Land” — land covered with forest that is suitable or managed for timber.

ARTICLE lit
Land Management and Classification

SECTION 5. Land Classification. — The land comprising Barangay Itbud, with
approximate area of six (6) hectares, situated along the National Road, 23 km south of the capital
town — Basco is reflected as Project No. 6, Block-B, Timber Land as per Land Classification
Map 610 duly approved on August 04, (1926). However, according to Section 2 of R.A. 8991
otherwise known as the Batanes Protected Area Act of 2000, the land coverage within the area of
Barangay Itbud is classified as a National Park under the Constitution and to some extent, the
conversion of National Park or any portion thereof into Residential Land shall require the
conduct of Protected Area Suitability Assessment (PASA) pursuant to RA 7586, as amended by
© philippine Protected Areas at @ Glance/
https://legacy.senate.gov.ph/publications/SEPO/AAG%200n%20Protected%20Areas_Final%20Sept2021.pdftt:~:tex
t=Protected%20area%20%28PA%29%20refers% 20to% 20identified% 20portions% 200f, biological%20diversity%20an_
d%20protected%20from%20destructive%20human%20exploitation.

* Technical Guide on Biodiversity Assessment and Monitoring System for Coastal and Marine Ecosystems, BMB
Technical Bulletin No. 2019-04, 2019

7


RA 11038. Moreover, PASA will be the basis if Barangay Itbud should be excluded from the
coverage of BPLS under the National Integrated Protected Areas System.

SECTION 6. Ecological Sustainability. - The final use of the herein declared residential
land shall not in any way prejudice ecological balance, and the removal of forest products therein
shall continue to be subject to forestry laws and regulations.

SECTION 7. Disestablishment as Protected Area and Declaration as Residential Site. —
When in the opinion of the DENR a certain protected area should be withdrawn or
disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority
of the members of the respective committee for the protected area as herein established in
Section 8, it shall, in turn, advise Congress. Disestablishment of a protected area under the
System or modification of its boundary shall take effect pursuant to an act of Congress.
‘Thereafter, said area shall revert to the category of a National Park unless otherwise classified by
Congress: Provided, however, that after disestablishment by Congress, The Secretary may
recommend the transfer of such disestablished area to other government agencies to serve other
priority programs of national interest.

SECTION 8. Political Boundaries and Jurisdiction. — Within six (6) months following
the effectivity of this Act, the DENR shall issue the final land classification maps covering
Barangay Itbud and shall also establish the boundary on the ground between permanent
forestlands and residential land with concrete minor monuments at corners, major monuments
every | kilometer, and visible cut lines, signboards and uniformly-spaced distinctive tress
between the concrete monuments which shall be maintained at all times.


ARTICLE IV
Disposition and Administration of Residential Site

SECTION 9. Agencies and Program Administration. - The scheme of distribution of the

land, including the identities of the bona fide and long-term farmers/occupants thereon, shall be

prepared by a Committee which shall be composed of the following: the representative of the

Department of Environment and Natural Resources as Chairman; the representative of the

‘Agrarian Reform as Vice-Chairman; and the Municipal Mayor of Uyugan and the Head of the

homeowner's organization. The scheme of distribution shall include the technical description of

cach lot pertaining to each of the occupants. Provided, that the distribution shall be as equitable
as possible without gross disparities among the awardees.

Conflicts shall be decided by the Committee after due hearing, appealable to the
Department Secretary under whose jurisdiction the issue involved falls into. The Secretary's
decision or order on appeal may be subject to a petition for review by the Office of the President
within fifteen (15) days from promulgation of notice of the decision or order appealed from;
Provided, that said petition for review shall be decided within thirty (30) days after receipt
thereof, otherwise, the decision or order from shall be deemed ratified and final.

SECTION 10. Land Distribution. — Once the Committee approves the scheme of
distribution, the DENR shall undertake the actual distribution of the residential land pursuant to
the provisions of Commonwealth Act No. 141, otherwise known as the Public Land Act, or the
Residential Free Patent Law (R.A. 10023), whichever is applicable.


ARTICLE V
Miscellaneous Provisions
SECTION 11. Disciplinary and Corrective Proceedings. - Administrative offenses
committed by persons involved in or in relation to the implementation of this Act, shall be
subject to administrative penalties in accordance with the applicable rules under the concern
agencies or government departments.

SECTION 12. Implementing Rules and Regulations (IRR). - Within thirty (30) days
following the approval of this Act, the DENR shall be tasked to formulate and approve the
necessary rules and regulations, orders, and circulars to implement the objectives and purposes
of this Act. The rules and regulations shall include provisions on land distribution and such other
matters as the DENR may deem necessary or essential to fully implement the objectives and the
purposes of this Act.

SECTION 13. Repealing Clause. - All other laws, orders, rules, regulations and other
issuances, or parts thereof, which are inconsistent with this Act are hereby repealed, amended, or
modified accordingly.

SECTION 14. Separability Clause. - \f any provision of this Act or the application of

such provision to any person or circumstance is declared unconstitutional, it shall not affect the
validity of the other provisions thereof.

SECTION 15. Effectivity Clause. - This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in any newspaper of general circulation in the
Philippines unless itis otherwise provided.

Approved,

10


‘Survey Plan

Pursuant to Republic Act 7586, as amended by Republic Act 11038, requiring the conduct of
Protected Area Suitability Assessment (PASA), attached herewith is the Survey Plan including
Technical Description of Boundaries with the area One Hundred Twenty-Four Thousand Seven
Hundred Seventy-Six (124, 776) sq. m. covered by Barangay Itbud, Municipality of Uyugan,
Province of Batanes. The survey was done from January 6-7, 2020, and approved on June 25,
2020, by the Engineering Department under the Office of Survey and Mapping Division of
DENR-Region 02.

LINE BEARING DISTANCE
1-2 S$ 68 30°W 7.61 m.
23 S4416W 13.82 m.
3-4 N35 05°W 10.99 m.
45 N0725°W 75.22 m.
5-6 S 88 54E 9.99 m.
6-7 N265VE 58.50 m.
78 N09 24°W 29.62 m.
8-9 N38 14°W 23.97 m.
9-10 N38 14°'W 32. 80 m.
10-11 N23 42°W 38. 32 m.
11-12 N3636°W 18.46 m.
12-13 N28 12°W 49.48 m.
13-14 N85 40°E 54.61 m.
14-15, S7228°E 45.88 m.
15-16 S$ 8256°E 16.59 m.
16-17 N64 17E 13.43 m.
17-18 $40 30°E 3.36 m.
18-19 $1943°W 31.93 m.
19-20 N76 3S5°E 40.42 m.
20-21 $70 09°E 11.57 m.
21-22 N03 07°W 96.43 m.
22-23 N5244E 16.58 m.
23-24 DUE EAST 21.92 m.
24-25 $42 5@°E 31.88 m.
25-26 $73 22°E 56.01 m.
26-27 $5020°E 32.10 m.

27-28 S$ 3648°W 62.63 m.

a


28-29
29-30
30-31
31-32
32-33
33-34
34-35
35-36
36-37
37-38
38-39
39-40
40-41
41-42
42-43
43-44
44-45
45-46
46-47
47-48
48-49
49-50
50-51
51-52
52-53
53-54
54-55
55-56
56-57

12

$00 46°E
S$ 6208°W
$65 47E
S583VE
N69 3S°E
S$ 89 00°E
S8117E
S 88 32°E
N8247E
DUE EAST
$8729°E
N79 02°E
N09 29°E
N3436°E
N8611VE
N26 04E
S8138°E
$03 S60°E
S420VE
S86 17E
S 1832°W
‘$18 32°W
N8215°'W
$8919 W
$5758°W
$5920°W
S 66 22°W
$7222°W
S$ 8853°W

30.69 m.
27.56 m.
18.32 m.
31.97 m.
22.32 m.
30.52 m.
26.51 m.
24.50 m.
27.22 m.
15,92 m.
15.96 m.
51.68 m.
58.33 m.
43.11 m.
39.51 m.
46.11 m.
26.59 m.
163.76 m.
66.12 m.
26.02 m.
17.01 m.
27.58 m.
71.71 m.
125.61 m.
9.69 m.
81.14m.
63.31 m.
28.51 m.
40.82 m.