FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
1 
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JUI -4 ,; 8' :."I 
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Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Bessang Pass Natural Monument I Landmark in the 
The Bessang Pass Natural Monument / Landmark, which covers 1,121.1083 
hectares, bears a unique and lush biological and hydrological features. Naturally 
growing in this area is a pine forest as well as a mossy type forest. The Bessang Creek 
and Matukbo River which provides fresh water year round is located within this area. 
The park is, similarly, home to a diverse wildlife of 29 species of birds and five 
mammals and reptiles represented by a monitor lizard and different species of snakes. 
Recognizing 
the 
value 
of 
this 
are, 
the 
Bessang 
Pass 
Natural 
MonumenVLandmark was established by virtue of Presidential Proclamation No. 55, 
dated August I O ,  1954 and later affirmed through Presidential Proclamation No. 284 
dated April 23, 2000. 
Municipality of Cervantes, llocos Sur as a protected area. 
This bill, therefore, seeks to declare the Bessang Pass Natural Monument I 
protected in order to protect it from indiscriminate exploitation and to be 
Landmark as 
able to maintain its ecological balance and preserve its source of water supply. 
Given the importance of biodiversity, it is deemed crucial that we act on these 
now to ensure that our children and the succeeding generations will inherit a living earth 
with all of its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged. 


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FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
7 
JLJI. -4 
F','L':.?!L 
SENATE 
Senate Bill No. 10 7 3 
Introduced by Senator Pia S. Cayetano 
AN ACT 
ESTABLISHING THE BESSANG PASS NATURAL MONUMENTILANDMARK IN THE 
MUNICIPALITY OF CERVANTES, ILOCOS SUR AS A PROTECTED AREA AND 
FOR OTHER PURPOSES 
Be if enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION. 1. Title. - This Act shall be known as the "Bessang Pass Natural 
MonumentlLandmark Act of 2007." 
SEC. 2. Land Classification. - All lands of the public domain comprising the 
Bessang Pass Natural MonumentlLandmark shall fall under the classification of 
National Park as provided for in the Philippine Constitution. 
SEC.3. Scope and Coverage. - Pursuant to and in accordance with the NIPAS 
Act, the Bessang Pass is hereby declared into one protected area and a permanent 
component of the NIPAS under the category of National Park. The boundaries of 
Bessang Pass, which falls under the category of Natural MonumenffLandmark and is 
located within the Municipality of Cervantes, Province of llocos Sur are as follows: 
PARCEL 1. 
Beginning at point mark "I" on the map, being S 66 deg. 00 min, 
W, 3,300 meters from corner 10, Project No. 13, block 23 of A & D, LC Map No. 1276: 
Point 
2 
N 20" 33' 16" E 1,378.610 m. 
Point 
3 
N 69" 26' 03" E 
748.684 m. 
Point 
4 
S 78" 25' 37" E 1,638.908 m. 
Point 
5 
S 20" 5 6  52" W 3,398.480 m. 
Point 
6 
N 61" 42' 05" W 948.030 m. 
Point 
7 
S 70" 33' 48" W 631 .I66 m. 
Point 
8 
N 46" 50' 14" W 535.089 rn. 
Point 
9 
N 28" 01' 24" W 292.903 m. 
Point 
10 
N 64" 40' 3 5  W 352.890 m. 
Point 
11 
N 49" 26' 0 6  E 
490.845 m. 
Point 
12 
N 64" 25'41" E 
659.415 m. 
Point 
1 
N 38" 54' 52"W 424.160 m. 


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containing an area of six hundred ninety-three and 3166/10000 (693.3166) hectares, as 
2 
PA. 
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Parcel 2 constitutes the buffer zone whose boundary begins at the 
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corner marked "I" on the map identical to corner "I" of Bessang Pass Natural 
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MonumenULandmark: 
PARCEL 2. 
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Point 
2 
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Point 
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Point 
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Point 
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10 
Point 
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Point 
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Point 
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Point 
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Point 
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Point 
I 1  
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
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Point 
1 
S 39" 25' 3 3  E 
423.735 m. 
S 64" 36' 26" W 594.361 m. 
S 49" 28' 50" W 486.421 m. 
S 65" 09' 4 2  E 
353.941 m. 
S 28" 30' 53" E 282.047 m. 
S 47" 21' 0 5  E 
535.216 m. 
N 70" 20' 13" E 
636.297 m. 
S 62" 11' 41" E 
950.432 m. 
N 21" 09'16 E 3,426.934 m. 
S 78" 00 50" E 505.805 m. 
S 19" 50' 34" W4,012.372 m. 
N 61' 48' 02" W 1,255.922 m. 
S 690 39' 2 2  W 623.725 m. 
N 46" 38' 29" W 910.980 m. 
N 27" 28' 38" W 218.409 m. 
N 64" 50' 04" W 355.949 m. 
N 64" 50' 0 4  W 514.149 m. 
N 50" 30' 41" E 1,178.639 m. 
N 38" 33' 59" W 376.642 m. 
N 21" 39' 12" E 952.021 m. 
S 74" 03' 3 5  E 505.782 m. 
S 20" 20' 3 8  W 
838.323 m. 
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containing an area of four hundred twenty-seven and 7917/10000 (427.7917) hectares, 
as buffer zone. 
Parcels 1 and 2 shall have a total aggregate area of one thousand one hundred 
twenty-one and 1083/10000 (1,121.1083) hectares. 
The technical descriptions provided in this Act will be subject to ground survey and 
verification to be conducted by the DENR within ninety (90) days after the effectivity of 
this Act. Any modification of the coverage of this Act due to such factors as changing 
ecological situations, new scientific or archeological findings, or discovery of traditional 
boundaries not previously taken into account shall be made through an act of Congress, 
after consultation with the affected public and concerned government agencies. 


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SEC.4. Definition of Terms. - For purposes of this Act, the following terms shall 
(a) “Ancestral Domain” refers to all areas generally belonging to Indigenous 
Cultural Communities or Indigenous People (ICCsllPs) comprising lands, inland waters, 
coastal areas, and natural resources therein, held under a claim of ownership, occupied 
or possessed by the ICCsllPs, by themselves or thru their ancestors, communally or 
individually since time immemorial, continuously to the present except if interrupted by 
war, force majeure or displacement by force, deceit, stealth or as a consequence of 
government projects or any other voluntary dealings entered into by government or 
public individualslcorporations, and which are necessary to ensure their economic, 
social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, 
agricultural, and other lands individually owned whether alienable and disposable or 
otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and 
other natural resources, and lands which may no longer be exclusively occupied by 
ICCs/lPs but from which they traditionally had access to for their subsistence and 
traditional activities, particularly the home ranges of ICCsllPs who are still nomadic 
and/or shifting cultivators. 
(b) “Biodiversity” refers to variety and variability among living organisms and the 
(c) “Biological resources” includes genetic resources, organisms or parts thereof, 
population, or any other biotic component of ecosystems with actual or potential use or 
value for humanity. 
(d) “Bioprospecting” means the research, collection and utilization of biological and 
genetic resources for purposes of applying the knowledge derived therefrom solely for 
commercial purposes. 
(e) “Buffer zone” refers to identified areas outside the boundaries of and 
immediately adjacent to designated Bessang Pass Natural Monument/Landmark 
pursuant to Section 8 of the NIPAS Act that need special development control in order 
to avoid or minimize harm to the Bessang Pass Natural Monument/Landmark. 
(f) By-product or derivatives means any part taken or substance extracted from 
wildlife, in raw or in processed form. This includes stuffed animals and herbarium 
specimens. 
be defined as follows: 
ecological complexes in which said organisms occur. 
(9) “Collection or collecting” is the act of gathering or harvesting wildlife, its by- 
products or derivatives. 
maintenance, restoration and enhancement of the habitat. 
(h) “Conservation” means preservation and sustainable utilization of wildlife, and/or 


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(i) “Endangered species” refers to species or subspecies of flora and fauna that is 
not critically endangered but whose survival in the wild is unlikely if the causal factors 
continue operating. 
(j) “Endemic Species” means species or subspecies of flora and fauna which is 
(k) “Exotic species” means species or subspecies of flora and fauna which do not 
naturally occurring and found only within specific areas in the country. 
naturally occur within the protected area at present or in historical time. 
(I) “Habitat” means a place or type of environment where a species or subspecies 
(m) “Hunting” refers to collection of wild fauna for food and/or recreational 
(n) “Indigenous Cultural Communities or Indigenous People (ICCI IPS)” 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 and utilized such territories, sharing common bonds of language, 
customs, traditions and other distinctive cultural traits, or who have, through resistance 
to political, social and cultural inroads of colonization, non-indigenous religions and 
cultures, became historically differentiated from the majority of Filipinos. IPS shall 
likewise include peoples who are regarded as indigenous on account of their descent 
from the populations which inhabited the Country, at the time of conquest or 
colonization, or at the time of inroads of non-indigenous religions and cultures, or the 
establishment of present state boundaries, who retain some or all of their own social, 
economic, cultural and political institutions, but who may have been displaced from their 
traditional domains or who may have resettled outside their ancestral domains. 
(0) “Management plan” refers to the fundamental plan, strategy and/or scheme 
which 
shall 
guide 
all 
activities 
relating to 
the 
Bessang 
Pass 
Natural 
MonumentlLandmark in order to attain the objectives of this Act. 
naturally occurs or has naturally established its population. 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
(p) “Mineral” refers to all naturally occurring inorganic substance in solid, gas, 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
natural gas, radioactive materials, and geothermal energy. 
(9) “Multiple-Use Zone” refers to an area where settlement, traditional and/or 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
income generating or livelihood activities, may be allowed to the extent prescribed in the 
IPAPIPAMP. 
(r) “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 


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use of resources found therein, and to maintain their natural conditions to the greatest 
extent possible. 
(s) “National Park refers to the land of the public domain classified as such in the 
1987 Constitution which include all areas under the NIPAS pursuant to R.A. 7586 
primarily designated for the conservation of native plants and animals, their associated 
habitats and cultural diversity. 
(t) ”Natural monument” refers to a relatively small area focused on protection of 
small features to protect or preserve nationally significant natural. 
(u) “Non-government organization (NGO)” refers to an agency, institution, 
foundation or a group of persons whose purpose is to assist peoples 
organizationslassociations in various ways including, but not limited to, organizing, 
education, training, research and/or resource accessing. 
(v) “People’s Organization (PO)” refers to a group of organized migrant 
communities and or interested indigenous peoples which may be an association, 
cooperative, federation, or other legal entity, established to undertake collective action 
to address community concerns and needs, and mutually share the benefits of the 
endeavor. 
(w) “Protected area (PA)” refers to any identified portions of land and water set 
aside by reason of their unique physical and biological significance, managed to 
enhance biological diversity and protected against destructive human exploitation. 
(x) “Protected Area Management Board (PAMB)” refers to a multi-sectoral policy- 
making body for protected areas created in accordance with RA 7586 or the NIPAS Act 
of 1992. 
(y) “Protected Area Superintendent (PASu)” refers to the chief operating DENR 
(z) “Quarrying” means the process of extracting, removing and disposing quarry 
(aa) “Special use zone” is an area containing existing installations of national 
significance, such as telecommunication facilities, irrigation canals or electric power 
fines. 
(bb) “Sustainable Use” means the use of components of biological diversity in a 
way and rate that does not lead to the long-term decline of biological diversity, thereby 
maintaining its potential to meet the needs and aspirations of present and future 
generations. 
(cc) “Tenured migrants” refers to forest occupants who have actually and 
continuously occupied a portion of the Bessang Pass Natural MonumentlLandmark and 
is solely dependent therein for subsistence. 
A 
Bessang 
Pass Natural 
MonumenVLandmark occupant is understood to be “solely dependent for subsistence” 
officer in the Bessang Pass Natural MonumentlLandmark. 
resources found on or underneath the surface of private or public land. 


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when everything indispensable for survival for the household, including food, clothing, 
shelter and health, comes only from the utilization of resources from the Bessang Pass 
Natural MonumenVLandmark. 
(dd) "Wildlife" means 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.5. Management of Bessang Pass Natural MonumenVLandmark.- There is 
hereby created a PAMB which shall have sole jurisdiction, power and authority over the 
Bessang Pass Natural MonumenVLandmark for all matters that may affect biodiversity 
conservation, protection and sustainable development. It shall be composed of: 
(1) The Regional Executive Director (RED) of the DENR I, as chairperson; 
(2) The Provincial Planning and Development Officer (PPDO) of llocos Sur; 
(3) The Mayor of the Municipality of Cervantes or hidher duly designated 
representatives as members; 
MonumenVLandmark; 
(4) One representative from each barangay covering the Bessang Pass Natural 
(5) At least three (3) representatives from the local NGOs with stakes in the 
Bessang Pass Natural Monument/ Landmark, chosen from among themselves: 
(6) At least two (2) representatives from local POs with stakes in the Bessang 
(7) One representative from each tribal community within the Bessang Pass 
Pass Natural Monument/ Landmark, chosen from among themselves; 
Natural Monument/ Landmark; and 
(8) One representative from government agencies involved in the Bessang Pass 
Each member of the PAMB shall serve for a term of five (5) years and shall 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. 
Natural Monument/ Landmark management. 
The members of the PAMB shall be appointed by the Secretary of the DENR in 
conformity with the provisions of the NIPAS Act. As a transitory provision, the initial 
members of the PAMB shall be nominated from the current members of the interim 
PAMBs of the Bessang Pass Natural MonumentlLandmark. Their nominations shall be 
conducted in a joint meeting of the current members of the interim PAMBs duly called 
for the purpose: Provided, further, that at least one- third (1/3) of the members shall be 
women. 
In the selection of the representatives of POs and NGOs, preference shall be 
accorded to those organizations that are involved in the conservation, protection and 
development of the Bessang Pass Natural Monument/ Landmark. Representation shall 


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be by institution and shall aim to achieve balance in representation by geographic 
location or areas. 
The representatives from the Local Government Units (LGUs) and national 
agencies in the PAMB shall include among their duties 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 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 Board shall not receive any salary but shall be entitled to 
reimbursements for actual and necessary expenses incurred, either in their attendance 
in meeting of the Board or in connection with other official business authorized by a 
resolution of the Board, subject to existing rules and regulations. 
SEC.6. Powers and funcfions of the PAMB. -The PAMB, which shall decide by 
consensus or majority vote, shall have the following rules and regulations in addition to 
the duties and functions provided under RA 7586 or the NIPAS Act of 1992 and its 
implementing rules and regulations: 
Issue all rules and regulations to prohibit acts that may be prejudicial to the 
Bessang Pass Natural MonumenULandmark and to the declaration of policy set forth 
under the NIPAS; 
(1) 
(2) Issue rules and regulations for the resolution of conflicts through appropriate 
(3) Adopt rules and procedures in the conduct of business, including the creation 
and effective means; 
of committees to whom its powers may be delegated; 
(4) Approve the management plan and oversee the office of the PASu; 
(5) Establish criteria and set fees for the issuance of permits for activities regulated 
by this Act or the management plan; 
(6) 
Recommend the deputization of appropriate individuals, including local 
community leader for the enforcement of the laws, rules and regulations governing 
conduct in the Bessang Pass Natural MonumenVLandmark and its buffer zone; 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 and 
raise funds for the Bessang Pass Natural MonumentlLandmark; 
(8) Manage the allocation of the Bessang Pass Natural Monument/Landmark 
Protected Area 
Fund, 
and 
other funds 
for 
the 
Bessang 
Pass 
Natural 
MonumentlLandmark, ensure their proper administration and render accounting; and 
(9) Recommend appropriate policy changes to the DENR and other government 
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authorities. 


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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 issued by 
the DENR pursuant to the NIPAS Act and the resolutions issued by the PAMB, such 
conflict shall be referred by the PAMB to the Secretary of the DENR who shall decide 
whether to apply the rule or withdraw its application from the Bessang Pass Natural 
MonumenULandmark. The decision of the Secretary shall be guided by a preference to 
local initiative and specific policies enacted by the PAMB. 
SEC.7. The Protected Area Superintendent (PASu) Office. - The Protected 
Area Superintendent (PASU) Office is hereby created within the DENR regional office 
to be headed by the PASu who shall serve as the chief operating DENR officer of the 
entire Bessang Pass Natural MonumenffLandmark. The PASu shall report directly to 
the RED of the DENR-Region I and shall be accountable to the PAMB. The PASu and 
the PASu staff shall reside within the Bessang Pass Natural MonumenULandmark and 
establish 
an 
office 
and 
sub-offices 
within 
the 
Bessang 
Pass 
Natural 
MonumenVLandmark in order to implement this Act. 
The PASu shall have full responsibility for the protection of land, water, wildlife and 
other natural physical and biological resources within the Bessang Pass Natural 
MonumenffLandmark. As such, the PASu shall have the following duties and 
responsibilities in addition to those provided under the NIPAS Act and its implementing 
rules and regulations: 
(1) Establish, operate and maintain a database management system as decision 
support tool: 
(2) Prepare the management plans as herein defined; 
(3) Provide a secretariat for the PAMB and supply the PAMB with all the 
necessary information to make appropriate decisions for the implementation of this Act; 
(4) Enforce the laws, rules and regulations relevant to the Bessang Pass Natural 
MonumentlLandmark, institute and file legal action independently or in collaboration 
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 Bessang Pass Natural MonumenULandmark to 
(6) Recommend the issuance of permits based on terms, conditions and criteria 
(7) Ensure the integration of the Bessang Pass Natural MonumenULandmark 
management policies, regulations, programs, and projects at all the concerned national 
and LGU levels; and 
ensure its conformity with the management plan: 
established by the PAMB; 
(8) Perform such other functions as the PAMB may delegate. 


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The PASu shall be supported by a sufficient number of personnel who shall be 
performing day to day management, protection and administration of Bessang Pass 
Natural MonumenffLandmark. Upon the recommendation of the PAMB, the DENR RED 
shall deputize local community leaders and environment and natural resource officers. 
SEC.8. 
Existing 
Facilities 
Within 
the 
Bessang 
Pass 
Natural 
MonumenVLandmark. - Within sixty (60) days from the effectivity of this Act, major 
existing facilities such as roads, buildings, water systems, transmission lines, 
communication facilities, heavy equipment, and irrigation facilities existing within the 
boundaries of the Bessang Pass Natural MonumenVLandmark shall submit project 
description to the PAMB through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the 
existence of such facility and its future plan and operations will be detrimental to the 
Bessang Pass Natural MonumentlLandmark or whether conditions for its operation shall 
be imposed. If any such conditions are violated, the owner of the facility shall be liable 
to pay a fine of Five thousand pesos (P5,OOO.OO) for every violation. Upon reaching a 
total fine of Five hundred thousand pesos (P500,000.00), the PAMB through the PASu 
and deputizing other government entities, shall cause the cessation and demolition of 
the facility at the cost of its owner. 
Existing facilities allowed to remain within the Bessang Pass Natural 
MonumenVLandmark may be charged a reasonable royalty by the DENR. All income 
from such royalty shall accrue to the Bessang Pass Natural MonumenVLandmark 
Protected Area Fund. 
SEC.9. Bessang Pass Natural MonumenVLandmark Protected Area Fund. - 
There is hereby established a trust fund to be known as the Bessang Pass Natural 
MonumenffLandmark Protected Area Fund for purposes of financing projects of the 
Bessang Pass Natural MonumentlLandmark. Seventy-five percent (75%) income 
generated from the operation of the Bessang Pass Natural MonumenVLandrnark or 
management of wild flora and fauna in the Bessang Pass Natural MonumenVLandrnark 
shall go to the Integrated Protected Areas Fund (IPAF) as established in the NlPAS Act 
of 1992. 
Income shall be derived from visitorsltourists fees, fees from permitted sale and 
export of flora and fauna and other resources from the Bessang Pass Natural 
MonumentlLandmark, proceeds from registration and lease of multiple-use areas 
including tourism concessions, fees, proceeds, and contributions from industries and 
facilities directly benefiting from the Bessang Pass Natural MonumenVLandrnark, and 
such other fees and incomes derived from the operation of the Bessang Pass Natural 
Monument/ Landmark. 
The Bessang Pass Natural MonumenVLandrnark fund may be augmented by 


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grants, donations, endowment from various sources, domestic or foreign, for purposes 
related to their functions: Provided, That disbursements therefrom shall be made solely 
for the protection, maintenance, administration and management of the system, and 
duly approved projects endorsed by the PAMB in accordance with existing accounting 
and budgeting rules and regulations: Provided, furfher, That the fund shall not be used 
to cover personal services expenditures. 
The LGUs shall continue to impose and collect all other fees not enumerated 
herein which they have traditionally collected, such as business permits, property tax 
and rentals of LGUs' facilities. 
Furthermore, LGUs may charge add-ons to fees 
imposed by the PAMB: Provided, That such add-ons shall be determined based on the 
contribution of the LGUs in the maintenance and protection of the Bessang Pass 
Natural MonumentlLandmark. 
SEC.lO. 
Tenured 
Migrants 
and 
Other 
Bessang 
Pass 
Natural 
MonumenULandmark Occupants. -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 Bessang Pass Natural MonumenffLandmark and recommended the 
issuance of the appropriate tenurial instrument consistent with the zoning provided in 
the management plan and its successor plans. 
Should areas occupied by tenured migrants be designated as zones in which no 
occupation or other activities are allowed pursuant to the attainment of sustainable 
development, provision for the transfer of said tenured migrants to multiple-use zones 
or buffer zones shall be accomplished through just and humane means. 
In the event of termination of a tenurial instrument for cause or by voluntary 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in 
order to return it to its natural state prior to the cultivation or other act by the tenured 
migrant. 
Other Bessang Pass Natural MonumenffLandmark occupants who do not qualify 
as tenured migrants shall be resettled outside the Bessang Pass Natural 
MonumenffLandmark as determined by the PAMB. The PAMB shall determine, plan 
and implement a definite schedule for resettling them outside of the Bessang Pass 
Natural MonumentlLandmark following the procedures set forth by existing law. 
SEC.ll. lndigenous People's Rights. - Ancestral domain and other customary 
rights and interests of indigenous communities within the Bessang Pass Natural 
Monument/ Landmark shall be accorded due recognition. The preservation of ancestral 
domain and customary rights shall be considered as one of the management objectives. 
The maintenance, management and development of ancestral domains which are found 
to be necessary for protected areas will be pursuant to Section 58 of Republic Act NO. 


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8371, otherwise known as the “The Indigenous Peoples Rights Act of 1997 (IPRA)”. 
The identification, delineation and recognition of ancestral domain claims within the 
Bessang Pass Natural MonumenULandmark shall be conducted by the National 
Commission on Indigenous Peoples (NCIP) pursuant to the provisions the IPRA, and its 
implementing rules and regulations, in coordination with the PAMB. 
SEC.12. Prohibited Acts and Penalties. - The following prohibitions and 
penalties applicable to the Bessang Pass Natural MonumenULandmark, in addition to 
the prohibited acts as provided in the NIPAS Act and its pertinent rules and regulations: 
(A) 
The penalties in Articles 309 and 310 of the Revised Penal Code, 
depending on the value of the resources involved in connection with the prohibited act, 
shall be imposed upon any person who: 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic 
plants or animals, flora or fauna, sand, rocks or by-products derived therefrom, within 
particularly identified regulated or prohibited areas zones in the Bessang Pass Natural 
MonumenffLandmark including private lands without the necessary permit, authorization 
or exemption: Provided, That hunting of animals shall be absolutely prohibited except 
for scientific research; 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
particularly identified regulated or prohibited areas or zones in the Bessang Pass 
Natural MonumenVLandmark including private lands without the necessary permit, 
authorization or exemption; 
(3) Possesses or transports, within or outside the Bessang Pass Natural 
MonumenULandmark any timber, forest products, wild terrestrial or aquatic plants, 
animals, flora or fauna, or by-product derived therefrom which is ascertained to have 
been taken from the Bessang Pass Natural MonumenffLandmark; 
(4) Undertakes mineral exploration or extraction within the Bessang Pass Natural 
Monument/Landmark; 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material within 
(6) Hunts, collects, removes or destroys any endangered or protected species, 
except when collection or removal is for scientific research and exempted from the 
prohibition by the PAMB; 
(7) 
Conducts 
bioprospecting 
within 
the 
Bessang 
Pass 
Natural 
MonumentlLandmark without prior PAMB approval in accordance with existing 
guidelines; or 
(8) Establishes or introduces exotic species within the Bessang Pass Natural 
MonumenffLandmark which are detrimental to endemic species or without prior PAMB 
approval. 
the Bessang Pass Natural MonumenffLandmark; 


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(5) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than Five 
hundred thousand pesos (P500,OOO.OO) and/or imprisonment from one (1) year but not 
more than six (6) years shall be imposed upon any person who: 
(1)Violates any rules and regulations in the management plan or by the PAMB or 
agreements reached before the PAMB in the exercise of adjudicative functions; 
(2) Erects any structure on land or on water for any purposes outside the 
management plan: Provided, That large-scale private infrastructure and other projects 
such as medium to high density residential subdivisions, medium to large commercial 
and industrial establishments, golf-courses, heavily mechanized commercial and non- 
traditional farming, and other activities that cause increased in-migration, pollution and 
resource degradation are absolutely prohibited; 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the 
Bessang Pass Natural MonumenffLandmark without a permit; 
(4)Throws, dumps or causes to be dumped into the Bessang Pass Natural 
MonumenffLandmark any non-biodegradable material or waste whether liquid, solid or 
gas; 
(5) Uses, dumps, places or causes to be placed into the Bessang Pass Natural 
MonumenffLandmark toxic chemicals, including pesticides and other hazardous 
substances, unless the same is expressly allowed in the management plan; 
(6) Prospects, hunts or otherwise locates hidden treasures within the Bessang 
Pass Natural MonumenffLandmark; 
(7) Informally occupies or dwells in any land within the Bessang Pass Natural 
(8) Posseses or uses blasting caps or explosives anywhere within the Bessang 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
natural or scenic value; 
MonumenffLandmark without clearance from the PAMB; 
Pass Natural MonumenffLandmark; 
(1 0) Alters, removes or destroys boundary marks or signs; 
(1 1) Engages in kaingin, or, in any manner, causing forest fires inside the Bessang 
Pass Natural MonumenffLandmark; or 
(12) Purchases, or sells, mortgages or leases lands or other portions of the 
Bessang Pass Natural MonumenffLandmark which are covered by any tenurial 
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 concerned government agency shall be presumed correct unless 
otherwise proven by preponderant evidence. 


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Any person who shall induce another or conspire to commit any of the illegal acts 
prohibited in this Act or suffer their workers to commit any of the same shall be liable in 
the same manner as the one actually performing the act. 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
and similar devices shall be subject to immediate and administrative confiscation, 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
however to due process and substantial evidence requirements. When legal action is 
however filed in the regular courts, the said conveyances, vessels, equipments, 
paraphernalia, implements, gears, tools and similar devices, independent of the 
administrative proceedings, shall not be released until after judgment has been 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
pursuant hereto shall accrue to the Bessang Pass Natural MonumentfLandmark 
Protected Area Fund. Procedure for the sale thereof shall be promulgated by the PAMB. 
However, in no case shall any confiscated or rescued protected animal species be sold 
or in any manner disposed of but shall be immediately turned over to the PASu office for 
release in its natural habitat, subject to existing regulations. 
The penalties specified in this Section will be in addition to the penalties contained 
in RA 9072 (National Caves and Cave Resources Management and Protection Act), RA 
9147 (Wildlife Resources Conservation and Protection Act), and other related laws. 
Conviction for any offense under this Act, of a public officer or officer of the law 
shall carry the accessory penalty of perpetual disqualification from public office. 
SEC.13. Special Prosecutor and Retained Counsel. - Within thirty (30) days 
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special 
prosecutor to whom all cases of violation of laws, rules and regulations in the Bessang 
Pass Natural Monument/ Landmark shall be assigned. Such Special Prosecutor shall 
coordinate with the PAM9 and the PASu in the performance of hislher duties and assist 
in the training of wardens and rangers in arrest and criminal procedures. The PAMB 
may retain the services of a counsel to prosecute andlor assist in the prosecution of 
cases under the direct control and supervision of the regular or special prosecutor and 
to defend the members of the PAMB, the PASu and the staff, or any person assisting in 
the protection, conservation and sustainable development of the Bessang Pass Natural 
MonumentfLandmark, against any legal action related to their powers, functions and 
responsibilities as provided in this Act or as delegated or tasked by the PAMB. 
SEC.14. Appropriations. - The Secretary of the DENR shall immediately include 
in the Department's program the implementation of this Act, the funding of which shall 
be included in the annual General Appropriations Act. 


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SEC.15. Reporting Responsibility. -The PASu, through the PAMB, shall submit 
an annual accomplishment report to the Secretary of the DENR on the activities 
undertaken in the Bessang Pass Natural Monument/Landmark. 
SEC.16. Construction and Suppletory Applicafion of Existing Laws. - The 
provisions of this Act shall be construed liberally in favor of achieving biodiversity 
conservation and environmental protection and sustainable development. Provisions of 
Republic Act No. 7586, otherwise known as the NIPAS Act of 1992 and existing forestry 
laws, and their corresponding rules and regulations not inconsistent hereto shall have 
the suppletory effect in the implementation of this Act. 
SEC.17. Transifory Provision. - In order to ensure the recovery and restoration 
of biological diversity and to develop sustainable livelihood opportunities for tenured 
migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
clearances, compliance documents or any other instrument that allows exploitation and 
utilization of resources within the Bessang Pass Natural MonumenVLandmark until the 
management plan shall have been put into effect. 
All existing land use and resource use permits within the Bessang Pass Natural 
MonumentlLandmark shall be reviewed and shall not be renewed upon their expiration 
unless consistent with the management plan and approved by the PAMB. Moreover, 
areas determined by wildlife habitat and potable water sources and reservoirs shall be 
declared protected and special use zones, respectively, and their management and 
uses shall be consistent with the provision of the respective executive orders, 
presidential proclamations and amendments establishing them. 
SEC.18. Separability Clause. - If, for any reason, any part or section of this Act is 
declared unconstitutional or invalid, such other parts not affected thereby shall remain 
in full force and effect. 
SEC.19. Repealing Clause. -All 
laws, decrees, proclamations, rules and 
regulations inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SEC.20. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in a national newspaper of general 
circulation available in the Bessang Pass Natural MonumenVLandmark. 
Approved,