Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House BILL. No._7429 _

Introduced by Rep. ALLEN JESSE C. MANGAOANG

This bill seeks to declare the Banao Protected Landscape situated in Barangays
Balbalasang, Talalang and Pantikian, in the Municipality of Balbalan, Province of Kalinga, as
a Protected Area under the category of Protected Landscape.

Also known as the Balbalasang-Balbalan National Park, the landscape was declared
as a National Park in 1972 by virtue of RA 6463; however it was not included in the list of
Protected Areas established under Republic Act 11038, the E-NIPAS Act of 2018, hence, this
bil.

Dubbed as the “green heart of the Cordillera”, the park is representative of the rich
biodiversity and landscape of the Cordillera mountain region with some of the most intact
pine forests and richly endemic flora and fauna. An important center for biodiversity
conservation, the park is home to 89 species of birds, of which 39 are endemic to the
Philippines. In addition, 23 species of mammalas, 13 species of amphibians, 13 species of
reptiles and 25 species of earthworms have also been documented

It’s a sad fact however that like other Protected Areas and natural reserves in the
country, this unique place is slowly succumbing to pollution, destructive human exploitations
and the effects of climate change, Without continuing legal protection and an established
management and mechanisms for its protection, this place would be further exploited,
destroyed and ultimately will be lost to us forever.

Hence, in view of the significance of this legislation, we urgently asked for the
approval of this bil.

AJLLEN JESSE C, MANGAOANG


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7419

wervaneune

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Introduced by Rep. ALLEN JESSE C. MANGAOANG

AN ACT DECLARING THE BANAO PROTECTED LANDSCAPE SITUATED IN BARANGAYS

BALBALASANG, TALALANG AND PANTIKIAN, ALL

IN THE MUNICIPALITY OF

BALBALAN, PROVINCE OF KALINGA, AS A PROTECTED AREA UNDER THE CATEGORY
OF PROTECTED LANDSCAPE,PROVIDING FOR ITS MANAGEMENT AND FOR OTHER

PURPOSES

Section 1. Short Title - This Act shall be known as the “Banao Protected Landscape
Act of 2020".

Section 2. Declaration of Policy - Pursuant to Republic Act No. 7586, otherwise known as
the “National Integrated Protected Areas System Act of 1992”, it is hereby declared the
policy of the State to ensure the protection and conservation of the Balbalasang- Balbalan
National Park as a protected area in order to preserve its biological diversity, the
uniqueness of its landscapes and its socio- cultural and economic significance for the
benefit and enjoyment of the people of the Province of Kalinga. The State shall ensure the
full implementation of this Act by establishing the institutional mechanism for the
mobilization of resources and providing for adequate scientific and technical support for
the conservation of biodiversity and the integrity of the ecosystems, cultures and
spiritual practices.

Section 3. Scope and Coverage - The boundaries of the Banao Protected Landscape are as

follows:

Tie point begins at a point marked “1” which is N 84-39-46 E, 1,504.726 meters

from PRS92 KAL-3101 Control Point, located at Barangay Pantikian, Municipality of
Balbalan, Province of Kalinga with geographic coordinates 17-29-47.5291 latitude and
121-10-10.54854 longitude. It covers a total area of 21,573.21 hectares.

LINE BEARING DISTANCE LINE BEARING —_ DISTANCE
(meters) (meters)

1-2 $07-00-27W 754.661 72-73 N62-02-48W 504.214
2:3 $62-04-03W 509.196 73-74 N52-52-51W 508.002
34 $23-57-43W 614.233 74-75 N23-09-09W 502.648
45 $14-19-40E 381.172 75-76 NO4-30-01W 495,601
5-6 $03-49-09W 426.101 76-77 N43-25-03W 251.678
6-7 $30-30-07W 506.908 77-78 N30-15-25E 611.901
78 $14-18-47E 623.34 78-79 N44-05-19E 500.173
89 $20-07-49E 624.344 «79-80 N69-44-208 501.463
9-10 S78-11-09W 583.987 80-81 N54-59-36E 438.306
10-11 $48-08-02W 673.074 81-82 S87-17-09E — $61.292
11-12 $60-59-23W 519.62, 82-83 $70-19-09E 496.481


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$55-24-25W

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$ 78-28-36 W
$ 76-22-37 W
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$ 37-32-52 W
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1595.815
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418.591
685.457
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939.602
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748.01
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1000.89
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SS1.111

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N 33-16-02 E
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$ 60-58-17 E

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$ 73-07-33 E

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N 70-18-10 E
N 37-43-06 E
N 83-27-37
N 53-01-02 E
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N 37-25-17 E
N 79-12-06 E
N 30-57-49 E
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$19-22-14E

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§ 19-22-33 E

N 79-29-48 E
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1083.12
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269.101
429.405
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406.908
884.826
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767.959
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256.196



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65-66 -N37-17-08E 456.866 = 136-137 -N22-33-50B 369.345
66-67 N04-19-36W 435.23 137-138 $53-50-26E 175.644
67-68 —-N22-06-21W 263.828 = 138-139 -«$74-22-44E 196.166
68-69 —-N17-32-12W 536.606 139-140 N26-13-03E 84.097
69-70 N01-10-22W 681.879 140-141 N63-4-01E 163.295
70-71 N14-57-36E — 1045.266 141-1 N24-50-56F 579,065
71-72 N44-51-19W 681.879

Section 4. Land Classification ~ All lands of the public domain comprising the BPI. shall fall

under the classification of protected landscapes as provided for in the 1987 Philippine
Constitution: Provided, The public lands already classified as agricultural lands, alienable
and disposable, prior to the passage of this Act remains as such and may be disposed

Section 5, Definition of Terms ~ As used in this Act;

a) Biological resources refer to living natural resources, including microorganisms,
plants, animals, and other biotic component of the ecosystem with actual or potential
use or value,

b) Buffer zones refer to identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 of the NIPAS Act that
need special development and monitoring in order to avoid or minimize harm to the
protected area,

©) General Management Plan refers to the basic long-term framework plan to attain the
objectives of conserving and protecting the area which shall serve as guide in the
preparation of the annual operations plan and budget,

«) General management pianning strategy refers to the general guide in the formulation
of site specific management plan that shall include the management of buffer zones
and the preservation of ancestral domain lands;

€) Indigenous peoples refer to a group of people sharing common bonds of language,
customs, traditions, and other distinctive cultural traits, and which have since time
immemorial occupied, possessed and utilized a territory;

1) Protected area refers to identified portion of land and water that are set aside so that
their unique physical significance and biological diversity are protected against
destructive human exploitation; and

8) Tenured migrants refer to persons who have actually and continuously occupied an
area for five (5) years prior to its designation as a protected area in accordance with
the NIPAS Act, and are solely dependent on its resources for subsistence.

Section 6. Protected area Management Board (PAMB) - The Protected Area Management

Board- There shall be created a Protected Area Management Board (PAMB) which shall
serve as the highest policy making body of the BPL and shall be composed of the
following:

a) The Regional Executive Director (RED) of the Department of Environment and
Natural Resources Cordillera Administrative Region (DENR-CAR), as
Chairperson.

b) The Provincial Planning and Development Coordinator (PPDC) of Kalinga as
member;

©) One (1) representative from the municipal government of Balbalan to be
appointed by their respective Sangguniang Bayan, as member;

4) One (I) representative from each barangays of Balbalasang, Talalang and
Pantikian to be appointed by their respective barangay councils, as members;


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€) Atleast three (3) representatives from nongovernment organizations (NGOs) and
local community organizations involved in the protected area management based
on the jurisdiction of BPL and duly accredited by the municipal government,
chosen through an election exclusively called for the purpose by the DENR in
coordination with concerned local government units (LGUs), as members;

6) One (1) representative from each tribal community, chosen in an election to be
conducted by the DENR in coordination with the National Commission on
Indigenous Peoples (NCIP), as member; and

8) One (1) representative each, if necessary, from other government agencies
involved in the management of the BPL.

Except for government officials who shall serve as ex officio, every member of the PAMB
shall be appointed by the DENR Secretary and shall serve for a term of five (5) years
without compensation;Provided, that each member remains connected with the
organization being represented. In the case of members who are government officials,
their appointments shali be coterminous with their term of office. Whenever a vacancy
occurs during the term of a non-government PAMB member, a new member shall be
chosen in the same manner as the original selection process and shall only serve for the
remaining term.

‘The members of the PAMB shall be entitled to reimbursement of actual and necessary
travelling and subsistence expenses incurred in attending meetings of the PAMB or any
of its committees, subject to government accounting, auditing and budgeting rules and
regulations, and subject further to the availability of funds as reflected in the Work and
Financial Plan (WFP), which is required in accessing funds from the Integrated Protected
‘Area Fund (IPAF),

Section 7, Powers and Functions of the PAMB - The PAMB shall exercise the following
powers and functions:

a) Issue rules and regulations to prohibit acts that may be prejudicial to the BPL and
the policy declaration herein set forth as well as established biodiversity
protection criteria,

b) Approve the management plan required under Section 10 of this Act and oversee
the office ofthe Protected Area Superintendent (PASu),

©) Adopt rules and procedures for the conduct of business, including the creation of
committees to whom its powers may be delegated,

d) Set fees for the issuance of permits for activities regulated by this Act or the
‘management plan,

¢} Issue ruies and regulations for the resolution of conflicts through appropriate
culturally sensitive and effective means,

6) Approve proposals for funding and budget allocation and exercise responsibility
over all funds that may accrue to the RPI. and

8) Deputize interested individuals for the enforcement of the laws, rules and
regulations governing the conduct in the BPL and its buffer zone.

The DENR, through the RED for CAR, shall exercise authority over the PAMB
to ensure that it acts within the scope of its powers and functions. In case of a conflict
between administrative orders of national application issued by the DENR pursuant
to the NIPAS Act and other pertinent laws and the rules and regulations issued by the
PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply
the rule or withdraw its application in the BPL, The decision of the DENR Secretary
shall be guided by a preference for local initiatives and specific policies enacted by
the PAMB. The decision of the DENR Secretary may be raised on appeal to the
Regional Trial Court that has jurisdiction over the BPL.



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Section 10.Protected Area Management Plan- Wi
of this Act and in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act, the PASu, in coordination with the local communities,
appropriate offices of the DENR, LGUs, NGOs, and people's organizations (POs), shail
prepare a management plan. The management plan shall contain, among others, the
following:

Section 8.The Protected Area Management Office (PAMO)- There shall be
established a Protected Area Management Office (PAMO) to be headed by a Protected
Area Superintendent (PASu) who shall serve as the Chief Operating Office of the entire
BPL and shall be accountable to the DENR-Regional Executive Director for the Cordillera
Administrative Region and the PAMB. Sufficient number of support staff shall be
appointed by the DENR to assist the PASu in the management of the Banao Protected
Landscape.

The PAMO shall consist of the following positions:

No Item Salary Grade
1 Protected Area Superintendent 24

1 Deputy PASu 20

3 Sr. Ecosystems Management 18

6 Ecosystems Management Specialist It 15

9 Ecosystems Management Specialist | u

4 Administrative Assistant 8

1 Information Officer I! 15

1 Information System Analyst 12

20 Forest Technician I! 8

Section 9.Functions of the PAMO- The PAMO shall perform the day to day management,
protection and administration of the BPL and shall have the following powers and
functions:

a) Prepare the initial and subsequent management plan as herein provided,

b) Serve as the secretariat for the PAMB with the duty to provide the PAMB with all
the needed information in making appropriate decisions when necessary,

©) Establish a productive partnership with the local community, including groups
interested in the achievement of the herein goals and objectives, and in the
planning, protection and management of the BPL.,

d) Develop and implement a park information, education and visitor program,

e) Enforce the laws, rules and regulations relevant to the BPL and assist in the
prosecution of offenses,

f) Monitor all activities wit
plan, and

8) Perform such other functions as the PAMB may assign.

in the BPL. to ensure compliance with the management

(in one (1) year form the effectivity

a) The description and category of the protected area;
b) Period of applicability of the plan;

©) Key management issues/ Situational analysis;

4) Vision, goals and objectives;
) Site management strategies, interventions and activities;



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1) Major management activities such as, but not limited to, enforcement of laws,
habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, fire and pest control, etc;

8) Human resources and institutional arrangements

h) Zoning;

itor management programs

i) Logical framework;

k) Financial plan;

1) Management plan implementation; and

m) Monitoring and evaluation.

‘The management plan shall be reviewed, approved, and adopted by the PAMB and shall
be certified by the DENR Secretary that it conforms to all laws, rules and regulations of
national application issued by the DENR. In no case shall the DENR revise or modify the
‘management plan without prior consultation with the PAMB.

One (1) year before the expiration of the initial management plan, the PASu shall cause
the publication of notices for comments and suggestion on the subsequent management
plan in a newspaper of local circulation and the posting of such notices in the provincial,
municipal, and barangay halls and in three (3) other areas frequented by the public.
Public hearings may be conducted on the subsequent management plan upon the written
request of any interested party. The pian shall be prepared in the language understood in
the area and shall be made available to the public during the period for comments.

In the event that no subsequent management plan is adopted upon the expiration of the
initial management plan, the latter shall remain in force subject to interim modifications
that may be adopted by the PAMB.

Section 11.Banao Protected Landscape Fund- There is hereby established a trust fund
known as the Banao Protected Landscape Fund for purposes of financing projects of the
BPL. The income generated from the operation or management of wild flora, fauna and
other natural resources in the BPL, such as income derived from visitor/tourist fees, fees
from permitted sale and export of flora and fauna and other resources from the BPL,
proceeds from the registration and lease of multiple-use areas including tourism
concessions, contributions from industries and facilities directly benefitting trom the
protected area and such other fees and incomes derived from its operation shall accrue
to the said Fund.

‘The Fund may be augmented by grants, donations, endowment from various resources,
domestic or foreign, for purposes related to their functions Provided, That the Fund shall
be subject to the retention by the PAMB of the protected area, of seventy-five percent
(75%) of all revenues raised therefrom and deposited in any government bank within
the locality where the protected area is located, and the disbursements shall be made
solely for the protection, maintenance, administration, and management of the area and
implementation of duly approved projects endorsed by the PAMB in accordance with
existing accounting, audition and budgeting rules and regulations: Provided, further,
That twenty-five percent (25%) of the revenues shall be deposited as a special account
the National Treasury: Provided finally, 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


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PAMB: Provided, that such add-ons shall be determined based on the contribution of the
LGUs in the maintenance of the protected area,

Section 12.Existing Facilities and Infrastructure- Within sixty (60) days from the
effectivity of this Act, the owners, operators or public offices in charge of major existing
facilities such as roads, buildings, water systems, transmission lines, communication
facilities, heavy equipment and irrigation facilities within the boundaries of the BPL. shall
submit a project description to the PAMB through the PASu, and with the help of the
DENR, the PAMB shall determine whether the present and future existence, operations
and plans of a facility is detrimental to the BPL and conditions for its continued operation
shall be imposed. If any such conditions, once imposed, are violated, the owner of the
facility shall be liable to pay fine of five thousand pesos (P 5, 000.00) for every violation.
Upon reaching a total fine of five hundred thousand pesos (P500,000.00), the PAMB,
through the PASu and other deputized government entities, shall cause the cessation and
demolition of the facility at the cost of its owner.

Existing facilities allowed to remain within the BPL may be charged a reasonable royalty
by the DENR. All income from such royalty shall accrue to the Fund.

Section 13.Utilization of Nonrenewable Resources- Any exploitation and utilization of
honrenewable resources within the BPI shall be allowed oniy upon the approval of the
PAMB and shall be subject to the Environmental Impact Assessment (EIA) System.

Section 14.Indigenous Peoples Rights- Ancestral domains and the customary rights and
interest of indigenous communities located within any area of the BPL shall be accorded
due recognition and respect. The preservation of ancestral domains and customary rights
shall be considered as one of the management objectives of this Act.

The evaluation of ancestral domain claims within the BPL shall be conducted in
accordance with Republic Act No. 8371, in coordination with the DENR and other
concerned groups.

Section 15.Tenured Migrants and Other Protected Area Occupants- Persons who
have actually and continuously occupied a portion of the BPI. five years before the
effectivity of the NIPAS Act and whose livelihood are solely dependent of the area shall
be considered as tenured migrants in the BPL.

For the purpose of official documentation, recognition of rights and determination of the
extent of occupation within the BPL, a tenured migrant shall be issued a tenurial
instrument over the area being occupied or cultivated. However, in areas that are
designated as zones in which no occupation or other human activities are allowed, a
provision for the transfer of tenured migrants to multiple-use zones or the buffer zone
shall be undertaken,

Upon the cancellation of a tenured migrant instrument for cause, abandonment or by
voluntary surrender of rights, the PASu shall take immediate steps to rehabilitate or
restore the area to its natural state.

Section 16.Prohibited Acts and Penalties- in addition to the provisions in the NIPAS
Act, the following shall constitute the prohibited acts and penalties in BPL:
a) Hunting, destroying, disturbing or mere possession of any plant or animal
or product derived therefrom without a permit from the PAMB;


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b) Dumping of any waste product detrimental to the BPL, or to the plants,
animals or inhabitants therei

©) Using any motorized equipment without a permit from the PAMB;

d) Mutilating, defacing or destroying objects of natural beauty, or objects of
interest to cultural communities;

e) Damaging and leaving roads and trails in a damaged condition;

f) Squatting, mining or otherwise occupying any land;

8) Constructing or maintaining any kind of structure, fence or enclosure or
conducting any business enterprise without a permit from the PAMB;

h) Leaving exposed or in unsanitary condition debris, or depositing the same
in the grounds or in bédies of water; and

i) Altering, removing, destroying or defacing boundary marks or signs.

i) Any project, environmentally critical or not, outside the scope of the
General Management Plan of BPL shall be subjected to Environmental
Impact Analysis

k) Prospecting activities shall be presented to the PAMB before issuance of
per

}) The Licenses, Patents, and Deeds Division should not issue any permit
without the consent of the PAMB

Section 17.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 prosecute violations of laws, rules and regulations in the protected area.
The special prosecutor shall coordinate with the PAMB and the PASu in the performance
of 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 assist in the
Prosecution of cases under the direct control and supervision of the regular or special
prosecutor. Said counsel shall also represent and defend the members of the PAMB, the
PASu and the staff, or any DENR deputized individuals and volunteers, against any legal
action arising from the performance of their powers, functions and responsi
provided in this Act.

Section 18.Reporting Responsibility- The PASU, through the PAMB, shall submit an
annual accomplishment report of the protected area to the Secretary of the DENR
through the BMB. A report on the conditions and benefits of the biological resources and
ecosystem services of the protected area shall also be submitted by the PASu to the
Secretary every five (5) years. Consequently, the BMB shall likewise prepare a National
State of Protected Areas (NSPA) Report every five (5) years and shall submit the same to
the President and the Congress of the Philippines.

Section 19.Appropriations- The Secretary of the DENR shall immediately include in the
DENR's program the implementation of this Act, the funding of which shall be included in
the Annual General Appropriations Act with an initial fund of 75 million and ten percent
(10%) markup per succeeding year.

Section 20.Separability Clause- if any part or section of this Act is declared
unconstitutional, such declaration shall notaffect the other parts or section of this Act.

Section 21.Repealing Clause-Ail other laws, decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.


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Section 22.Effectivity Clause- This Act shall take effect fifteen (15) days after its

Approved,

publication in the Official Gazette or in a newspaper of general circulation. {t shall
likewise be posted in a conspicuous place at the Municipal Hall of Balbalan, in the
Barangay halls of Balbalasang, Talalang and Pantikian and in other piaces frequented by
the public.