Republic of the Philippines
House Or REpREsENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILLNO. §262 _

Introduced by Honorable Abdullah D. Dimaporo

EXPLANATORY NOTE

This bill seeks to declare the Sultan Naga Dimaporo Protected
Landscape and Seascape within the Municipality of Sultan Naga Dimaporo,
Province of Lanao del Norte as component of the National Integrated
Protected Areas System under the category of protected landscape and
seascape.

Republic Act No. 7586, otherwise known as the “National Integrated
Protected Areas System (NIPAS) Act,” provides the legal framework for the
establishment and management of protected areas in the Philippines. Initial
components comprising of proclaimed national parks, game refuge and
wildlife sanctuaries, nature reserves, wilderness areas, mangrove reserves,
watershed reservations, fish sanctuaries and protected landscapes and
seascapes were previously identified under the NIPAS Act. There are initial
components and areas which have specific laws for their establishment such
as the Batanes Island Protected Landscape and Seascape, Northern Sierra
Madre Natural Park, Tubbataha Reefs Natural Park and Central Cebu
Protected Landscape.

Under the law, “protected landscapes or seascapes’ refer to areas of
national significance which are characterized by the harmonious interaction
of man and land while providing opportunities for public enjoyment through
recreation and tourism within the normal lifestyle and economic activity of
these areas. The use and enjoyment of these areas must be consistent with the
principles of biological diversity and sustainable development.

Bill Drafting Service


Located at the southwestern part of the Province of Lanao del Norte,
the Municipality of Sultan Naga Dimaporo is bordered on the southeast by
the Municipality of Picong in Lanao del Sur, on the west by the
municipalities of Tukuran and Aurora, both in Zamboanga del Sur, and to the
south by the tip of Illana Bay, part of the Celebes Sea.

The purpose for declaring the Sultan Naga Dimaporo Protected
Landscape and Seascape as a component of the NIPAS, under the category of
protected landscape and seascape, is to protect and conserve the biological
diversity and unique scenic features for sustainable development in the area.
Further, it will accelerate the implementation of programs relative to the
protection and management of the national ecological treasures, as well as,
the conservation and restoration of the bio-diversity resources such as its
flora and fauna and their habitats.

In view of the foregoing, approval of this bill is eamestly
recommended.

ABDULLAH D. DIMAPORO


eI Anne

Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Third Regular Session

HOUSE BILL No,_ 6262

Introduced by Honorable Abdullah D. Dimaporo

AN ACT
DECLARING THE SULTAN NAGA DIMAPORO PROTECTED
LANDSCAPE AND SEASCAPE AREA WITHIN THE MUNICIPALITY OF
SULTAN NAGA DIMAPORO, PROVINCE OF LANAO DEL NORTE AS
COMPONENT OF THE NATIONAL INTEGRATED PROTECTED AREAS
SYSTEM UNDER THE CATEGORY OF PROTECTED LANDSCAPE AND
SEASCAPE AND PROVIDING FOR ITS MANAGEMENT

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

SECTION 1. Short Title. — This Act shall be cited as the “Sultan Naga
Dimaporo Protected Landscape and Seascape Act.”

SEC. 2. Declaration of Policy. — \t is the policy of the State to protect and
advance the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature. For this purpose, the State shall secure for the
present and future generations of Filipinos the perpetual existence of all
endangered, threatened and rare species of terrestrial and marine resources within
the landscape and seascape areas in the Municipality of Sultan Naga Dimaporo,

Province of Lanao del Norte, through its establishment as a component of the

Bill Drafting Service


National Integrated Protected Areas System under the category of protected
landscape and seascape.

‘The State shall likewise promote the participation of local communities in the
management of the Sultan Naga Dimaporo landscape and seascape areas and
protect the way of life of the people living in and around the protected area.

SEC. 3. Scope. — The boundaries of the Sultan Naga Dimaporo Protected

Landscape and Seascape are as follows:

Sultan Naga Dimaporo
TECHNICAL DESCRIPTION
Corner Latitude: Longitude

7° 49° 44.0" N 123° 37'C7.9"E
2 7° 49' 53.1" N 123° 37' 38.2" E
3 7°.49' 43.7" N 123° 37' 44.3" E
4 7° 49' 25.2" N 123° 38' 48.1" E
5 7°.49'14.7"N 123° 39' 36.4" E
6 7° 49' 07.2" N 123° 40' 12.8" E
7 748° 55.9" N 123° 41' C9.1"E
8 7° 48' 26.1" N 123° 41' 41.8" E
9 T° AT 44.7" N 123° 42' 42.2" E
10 7° 47' 25.9" N 123° 43' 17.4" E
41 7° 46' 16.4" N 123° 44' C6.7" E
12 7° 44! 32.9" N 123° 44' 17.4" E
13 7° 44' 03.3" N 123° 45' 37.5" E
14 7° 43'20.9"N 123° 46' 10.6" E
4s 7° 43' 03.4" N 123° 46' 23.2" E
16 7° 42' 27.0" N 123° 47' 35.8" E
17 7°42' 17.5" N 123° 48' 15.8" E

18 7° 41' 57.0" N 123° 49' C7.

19 7° 40' 38.1" N 123° 48' 10.:
20 7° 40' 58.6" N 123° 47' 13.8" E
21 7° 41' 08.1" N 123° 46' 33.8" E
22 7°41 44.6" N 123° 45' 26.2" E
23 7° 42' 02.0" N 123° 45' 13.6" E
24 7°42! 44.5" N 123° 44' 40.5" E
25 7° 43'14.1"N 123° 43' 23.4" E
26 7° 44' 57.5" N 123° 43' 09.7" E
27 7° 46' 07.0" N 123° 42' 20.4" E
28 7° 46' 25.9" N 123° 41' 45.2" E



29 747'073"N 123° 40'44.8"E
30 7°47°37.1"N 123° 40'11.9"E
31 7°47: 48.4" N 123°39'15.8"E
32 7° 47'54.0"N 123° 38'33.6"E
33 7° 48'07.6"N 123° 37' 52.4" E

The proposed area of the Sultan Naga Dimaporo Protected Landscape and

Seascape is Seven thousand four hundred thi

six (7,436) hectares, more or less,

located within the territory of the Municipality of Sultan Naga Dimaporo, Province
of Lanao del Norte.

SEC. 4. Definition of Terms. — As used in this Act:

a) Biological diversity or biodiversity refers to the wealth of life forms
found on earth, the millions of different plants, animals and microorganisms, the
genes they contain and the intricate ecosystem they form;

b) Buffer zones refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas that need special development
control in order to avoid or minimize harm to the protected area;

c) General management plan refers to the basic long-term framework plan
for the management of the protected area and serves as guide in the preparation of
the annual operations plan and budget;

d) General Management Planning Strategy refers to a guide in the
formulation of site specific management plans, including buffer zones;

) Indigenous peoples refer to 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:


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f) _ Integrated Protected Areas Fund refers to a trust fund established for
purposes of financing projects within a protected area:

g) Management manual refers to the individual management plan
containing basic background information, field inventory of the resources,
assessment of assets and limitations, regional interrelationships, particular objectives
for managing the area, appropriate division into management zones, review of the
boundaries and design of the management programs of the area;

h) National Integrated Protected Areas System refers to the classification
and administration of all designated protected areas established pursuant to Republic
Act No. 7586 to maintain essential ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of resources and to maintain the
natural conditions to the greatest extent possible;

i) Protected area refers to identified portions of land and water set aside
by reasons of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation;

aD) Protected Area Management Board refers to the site-based decision-
making body responsible in the planning, resource protection and general
administration of the area in accordance with the approved management plan;

k) Protected landscape and seascape refer to areas of national significance
which are characterized by the harmonious interaction of man and land while
providing opportunities for enjoyment through recreation and tourism within the

normal lifestyle and economic activity of the people inhabiting these areas;


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1) _ Protected Area Superintendent refers to the chief operating officer of
the Department of Environment and Natural Resources (DENR) for the Sultan Naga
Dimaporo Protected Landscape and Seascape;

m) _ Secretary refers to the Secretary of the DENR; and

n) — Tenured migrants refer to persons who have actually and continuously
occupied an area for five years prior to the designation of the same as a protected
area in accordance with the provisions of Republic Act No. 7586 and are solely
dependent therein for subsistence.

SEC. 5. Management of the Sultan Naga Dimaporo Protected Landscape
and Seascape. — The management of the Sultan Naga Dimaporo Protected
Landscape and Seascape is vested in the Protected Area Management Board
(PAMB) as herein provided, which serves as the highest policy-making body for the
protected area. Through the PAMB, the management structure for the protected area
shall promote partnership, participation, cooperation and coordination with local
communities and civil society organizations.

SEC. 6. Protected Area Management Board. — The PAMB for the Sultan
Naga Dimaporo Protected Landscape and Seascape is composed of:

a) The Regional Executive Director of the DENR-Region X, as
chairperson;

b) The Mayor of the Municipality of Sultan Naga Dimaporo, Province of

Lanao del Norte or an authorized representative;


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c) The barangay captains within the territory and adjacent to the protected
area or their authorized representatives;

d) The Regional Director of the Department of Agriculture (DA) —Region
X or an authorized representative;

e) The Provincial Environment and Natural Resources Officer of Lanao
del Norte;

f) The Community Environment and Natural Resources Officer of Sultan
‘Naga Dimaporo;

g) Two non-government organization or people’s organization
representatives concerned with protected area management, chosen from the
Municipality of Sultan Naga Dimaporo with territory inside the protected area and
duly accredited by it; and

h) The Provincial Planning and Development Officer of Lanao del Norte,
sitting as ex-officio member, to be endorsed by the provincial governor.

Each member of the PAMB shall serve for a term of five (5) years and shall
carry the vote of the represented sector in all matters. The members who represent
government officials or agencies shall serve according to the term of office of their
principals, unless sooner terminated by such officials.

SEC. 7. Powers and Functions of the PAMB. - The PAMB for the Sultan
Naga Dimaporo Protected Landscape and Seascape shall exercise the following

powers and functions:


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a) Issue rules and regulations to implement the provisions and promote the
policy declaration set forth in this Act;

b) Establish criteria and set fees for the issuance of permits for the
activities regulated by this Act or the approved management plan;

c) Identify the buffer zones for the protected area;

d) — Adopt rules of procedure for the conduct of business, including the
creation of committees to whom its powers may be delegated;

e) Approve the management plan and oversee the office of the Protected
Area Superintendent;

f) Deputize interested individuals for the enforcement of the laws, rules
and regulations adopted pursuant to this Act;

g) Accept donations, approve proposals for funding and budget allocation
and exercise accountability over all funds that may accrue to the protected area;

h) Coordinate with appropriate agencies for the regulation of flight
patterns of aircraft going over the area to set acceptable latitudinal limits and
emissions; and

i) Retain a legal counsel, either on a permanent or temporary basis, to
provide legal assistance to the PAMB and the Protected Area Superintendent staff
whenever they are sued in connection with the performance of their duties under this
Act.

The Secretary of the DENR shall exercise authority over the PAMB to ensure

that it exercises its authority within the scope of its powers and functions. In case of


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conflict between administrative orders of national application issued by the DENR
pursuant to Republic Act No. 7586 and the rules and regulations issued by the
PAMB, the PAMB shall notify the Secretary who shall resolve such conflict.

The barangays in the Municipality of Sultan Naga Dimaporo shall participate
in the management of the protected area through representation in the PAMB as
provided under Section 6 of this Act. The Municipality of Sultan Naga Dimaporo
shall retain its power to adopt ordinances over the territory covered under this Act,
giving due consideration, however, to protected area management objectives. If any
conflict between the municipality and the protected area management objectives
remains unresolved within the PAMB, the Secretary shall resolve such conflict.

SEC. 8. Protected Area Superintendent. — There is hereby established an
Office of the Protected Area Superintendent in charge of the management, protection
and administration of the protected area. The Protected Area Superintendent shall be
supported by the existing personnel of the DENR and shall be the chief operating
officer of the Sultan Naga Dimaporo Protected Landscape and Seascape. The
Protected Area Superintendent shall be accountable to the Regional Executive
Director of the DENR-Region X and the PAMB.

The Protected Area Superintendent shall exercise the following powers and
functions:

a) Prepare the management and successor plans as herein provided;

b) Provide a secretariat for the PAMB to supply the latter with all

information necessary to make appropriate decisions;


c) Hire and supervise the necessary personnel to support operations as the
budget made available by the PAMB may allow:

d) Establish a productive partnership with the local communities,
including groups interested in the achievement of the goals and objectives of the
protected area and in the planning, protection and management thereof;

e) Develop and implement a park information, education and visitor
program;

f) Enforce the laws, rules and regulations relevant to the protected area
and assist in the prosecution of offenses thereof;

2) Monitor all activities within the protected area for conformity with the
management plan; and

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

The Protected Area Superintendent shall prepare a management plan in
coordination with the appropriate offices of the DENR, the barangays within the
Municipality of Sultan Naga Dimaporo, the local communities and experts on tribal
communities who have experience in the particular cultures in the area. The
management plan shall be reviewed, approved and adopted by the PAMB and
certified by the Secretary so that it conforms to all laws, rules and regulations of
national application. In no case shall the management plan be revised or modified

without prior consultation with the PAMB.


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Within one year from the effectivity of this Act, the management plan shall be
put into effect in accordance with Republic Act No. 7586 and the procedure herein
set forth. It contains, among others, the following:

(i) Period of applicability of the plan:

(ii) Key management issues;

(iii) Goals and objectives of management;

(iv) Site management strategy;

(v) Major management activities including the enforcement of laws,
habitat and wildlife management, sustainable use management,
infrastructure development and maintenance, fire and pest control;

(vi) Zoning; and
(vii) Visitor management programs.

The Protected Area Superintendent shall prepare all successor plans two (2)
years before the expiration of the existing plans and shall cause the publication of
notices for comments and suggestions on the next successor plans in a newspaper of
local circulation and the posting of such notices in the provincial, municipal and
barangay halls and in three other areas frequented by the public. Public
consultations may be conducted on the successor plans upon the written request of
any interested party. The proposed plans shall be made available to the public
during the period for comment and the final version shall be made available for

public perusal at the office of the Protected Area Superintendent.


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The zoning of the protected area gives primary consideration to cultural,
economic and social practices consistent with sustainable management principles by
tenured migrants and nearby communities for an appreciable length of time unless
such uses are deemed detrimental to biodiversity conservation and the protection of
the natural characteristics of the protected area.

The management plan shall be prepared in a language understandable in the
area, plainly written and available for perusal anytime to the general public at the
Office of Protected Area Superintendent.

SEC. 9. Existing Facilities within the Protected Area. — Existing facilities
allowed to remain within the protected area may be charged a reasonable fee by the
PAMB, which is embodied in a memorandum of agreement to be entered into with
the owner of the facility. All incomes derived from such fees accrue to the
Integrated Protected Areas Fund.

In setting the user fees on man-made facilities managed by private entities, the
rates shall be determined by the private entity but shall be comparable to the fees
charged for similar facilities in a protected area. For all other facilities, the user fees
therein shall be determined in consultation with the PAMB.

SEC. 10. Utilization of Non-renewable Resources. — Any exploration for
and exploitation or utilization of non-renewable resources within the protected area
shall not be allowed. Energy projects, renewable or otherwise, shall be permitted
only through an act of Congress. The exploitation of renewable energy up to three

(3) megawatts capacity shall be exempt from such requirement.


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SEC. 11. Prohibited Acts.~(a) The penalties prescribed for theft under

Articles 309 and 310 of the Revised Penal Code shall be imposed upon any person

found guilty of:

1). Hunting, destroying, trapping, disturbing or possessing anywhere
within the protected area of any wild plant, animal or product derived
therefrom without a permit from the PAMB. A permit is given only for
scientific purposes necessary to promote protected area management;

2). Cutting, gathering, collecting or removing timber or forest products
without a permit. A permit is given only for scientific purposes necessary for
protected area management;

3). Possessing outside the protected area any wild plant, animal or
product derived therefrom which came from the protected area;

4). Mineral exploration or extraction, drilling or prospecting for
minerals within the protected area;

5). Constructing or maintaining any kind of road, structure, fence or
enclosure without permit from the PAMB. Structures within ancestral
domains used by indigenous cultural communities do not need a permit from
the PAMB;

6). Altering, mutilating, excavating, removing, destroying or defacing
boundaries, marks or signs, natural formation, burial grounds, religious sites,
artifacts, objects belonging to indigenous cultural communities and scenic

value or affixing marks or signs on trees;


1 7) Destroying the natural habitat of marine life, converting mangrove

2 forests into fishponds and disposing poisonous chemicals therein;

3 8). Unabating illegal and destructive fishing activities such as the use of
4 filter nets and dynamite fishing which threaten and endanger the future
5 population and the sustainability of fishing resources; and

6 9). Gathering, possessing, selling or exporting ordinary precious and
7 semi-precious corals, whether raw or in processed form, except for scientific
8 or research purposes.

9 b) A fine of not less than One hundred thousand pesos (P100,000.00) but not

10 more than Five hundred thousand pesos (P500,000.00), or imprisonment of not less

11 than one year but not more than five years, or both, shall be imposed upon:

12 1). Any person found guilty of grazing or causing livestock to graze or
13 raising poultry within the protected area without a permit from the PAMB;
4 and

15 2). Any public officer who, in dereliction of the duties of office, shall
16 maliciously refrain from instituting acts necessary to prosecute the violators of
17 this Act or shall tolerate the commission of offenses herein provided.
18 Conviction for this offense also carries the penalty of perpetual
19 disqualification from public office.

20 (c) A fine of not less than One hundred thousand pesos (100,000.00) but

21 not more than Five hundred thousand pesos (P500,000.00), or imprisonment of not

22 less than one (1) year but not more than five (5) years, or both, and the restoration

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and rehabilitation of the damage shall be imposed upon any person who commits the
following acts:

1). Violating any rules and regulations in the management plan by the
PAMB or agreements reached with the PAMB in the exercise of its
adjudicative functions;

2). Dumping, burning or disposing of any waste products, vegetation or
materials within the protected area to the detriment of the inhabitants, plants
or animals therein;

3). Use of motorized equipment without a permit except motorized
vehicles within the national highway, provincial road or other public
thoroughfare traversing the park: Provided, That such thoroughfares were
legally constructed;

4). Occupying any portion of land inside the protected area without a
permit from the PAMB: Provided, That such occupation shall be of such
nature as to last more than ten (10) days in the particular portion of the
protected area; and

5). Entering the protected area without a permit from the PAMB.

Any person who induces or conspires with another person to commit any of
the acts prohibited in this section or cause workers to commit any of such acts shall
be liable in the same manner as the one actually performing the act.

The valuation of the damage resulting from any of the acts prohibited herein

shall take into account biodiversity and conservation considerations as well as

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aesthetic and scenic values. Conviction for any of these acts shall likewise carry the
penalty of eviction from the protected area and forfeiture in favor of the government
of transportation facilities, structures, building materials, equipment, devices and
weapons used in the commission of the offense.

The local government unit responsible for the arrest of a violator and the
confiscation of materials used in the commission of the offense is entitled to have a
fifly percent (50%) share from the proceeds in the disposition of confiscated
materials. The other fifty percent (50%) accrues to the Integrated Protected Areas
Fund.

The above prohibitions exclude activities identified in the management plans
and such other measures as are necessary for protection, preservation and protected
area management, which are undertaken by the Protected Area Superintendent or
other persons deputized by the PAMB. The certified customs and traditional
practices of indigenous cultural communities are also allowable activities over which
the above prohibitions shall not apply.

SEC. 12. Special Prosecutor. — Within thirty (30) days from the effectivity of
this Act, the Department of Justice shall designate a special prosecutor to whom all
cases of violation of laws, rules and regulations in the protected area are assigned.
Such special prosecutor shall coordinate with the PAMB and the Protected Area
Superintendent in the performance of duties and assist in the training of wardens and
rangers in arresting and prosecuting violators of this Act. The PAMB may appoint a

special private prosecutor on a case-to-case basis to assist the public prosecutor.


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SEC. 13. Integrated Protected Areas Fund. — All income generated from the
operation of the protected area or the management of wild flora and fauna in the
protected area shall accrue to the Integrated Protected Areas Fund. These income
are derived from visitors or tourists fees, fees from permitted sale and export of flora
and fauna and other resources from the protected area, proceeds from registration
and lease of multiple-use areas, including tourism concessions, contributions from
industries and facilities directly benefiting from the protected area, and such other
fees and income derived from the operation of the protected area.

The trust fund may be augmented by grants, donations, or endowment from
various sources, whether domestic or foreign, for purposes related to their functions.
The trust fund shall be deposited as a special account in the National Treasury and
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. The trust fund shall not be used to cover personnel services
expenditures.

The local government unit 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 local government unit facilities. Furthermore, the
local government unit may charge add-ons to fees imposed by the PAMB. Such
add-ons are determined based on the contribution of the local government units in

the maintenance and protection of the protected area.


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SEC. 14. Appropriations. — The Secretary shall immediately include in the
program of the DENR the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

SEC. 15. Construction. — The provisions of this Act shall be construed
liberally in favor of the protection and rehabilitation of the Sultan Naga Dimaporo
Protected Landscape and Seascape areas and water resources and the conservation
and restoration of biological diversity, taking into account the needs and interests of
qualified tenured migrants, for present and future Filipino generations. Republic Act
No. 7586 shall have suppletory effect in the implementation of this Act.

SEC. 16. Transitory Provision. — In order to ensure the sustainability and
integrity of the watershed areas and water resources, 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 instruments that allow exploitation
and utilization of resources within the protected area until the management plan shall
have been put into effect.

SEC. 17. Separability Clause. — If any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not affected
shall remain in full force and effect.

SEC. 18. Repealing Clause. — All laws, executive orders, presidential
decrees, rules and regulations or parts thereof contrary to or inconsistent with any

provisions of this Act is hereby repealed, amended or modified accordingly.


1 SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after its

2 publication in the Official Gazette or in a newspaper of general circulation.

3 Approved