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‘> RECEIVED
EC. 7,

is DATE: 3

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

Introduced by Rep. Abdullah D. Dimaporo and Rep. Mohamad Khalid Q. Dimaporo

EXPLANATORY NOTE

This bill seeks to declare the Maranding Watershed Area situated in the municipalities of
Salvador, Sapad, Nunungan, Tangkal and Kapatagan as components of the National Integrated
Protected Areas System under the category of protected landscape.

The forest areas in the municipalities of Salvador, Sapad, Nunungan, Tangkal and
Kapatagan, Province of Lanao del Norte are identified as part of the most sustainable forest areas
in the province. The Maranding Watershed Area is the main source of water in these
municipalities. The tributaries of the Maranding Watershed Area are the rivers of Cabuyao,
Salung, Kidalos Creek and Butadon.

Recent studies reveal that there is an insufficient supply of water in these areas because
watersheds and river basins are seriously degraded due to wanton exploitation of the forests.
Deforestation, improper farming practices, infrastructure build-up and quarrying aggravated the
low water supply in the municipalities of Salvador, Sapad, Nunungan, Tangkal and Kapatagan.

The declaration of the Maranding Watershed Ares under the category of protected
landscape will ensure sufficient water supply for the people in the affected municipalities. It will
also accelerate the implementation of programs relative to the protection of the ecological
watershed and the conservation and restoration of the bio-diversity resources such as its flora and
fauna. In addition, the issues of land use, land tenure, land claims, resource access and water
availability will be uniformly and consistently addressed.

ABDULLAH D. DIMAPORO MO)
Second District, Lanao del Norte First District, Lanao del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NoOB884

‘Introduced by Rep. Abdullah D. Dimaporo and Rep. Mohamad Khalid Q. Dimaporo

AN ACT DECALRING THE MARAMNDING WATERSHED AREA
LOCATED IN THE MUNICIPALITIES OF SALVADOR, SAPAD,
NUNUNGAN, TANGKAL, AND KAPATAGAN, PROVINCE OF LANAO
DEL NORTE AS COMPONENTS OF THE NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM UNDER THE CATEGORY OF
PROTECTED LANDSCAPE 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 “Maranding

Protected Landscape 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 native plants and animals within the Maranding Wateshed Area
in the municipalities of Salvador, Sapad, Nunungan, Tangkal and Kapatagan,

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


| National Integrated protected Areas System under the category of protected

The State shall likewise promote the participation of local

landscape.
3 communities in the management of the Maranding Watershed Area and protect
4 the way of life of the people living in and around the protected area.

5 SEC. 3. Scope. - The boundaries of the Maranding Protected Landsc.pe

are as follows:

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1
2 ‘The total land area of the Maranding Protected Landscape is sixty-three

3 thousand four hundred ninety-one. (63,491) hectares, more or i¢ss, located


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within the territory of the municipalities of Salvador, Sapad, Nunungan, Tangkal and
Kapatagan, 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 14
formulation of site specific management plans, including buffer zones;

e) Indigenous people refers to people sharing common bonds of language ,
customs, tradition and other distinctive cultural traits and who have since time
immemorial occupied, possessed' and utilized a territory;

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

h) Multiple Use Zone refers to the portion of the protected area where
traditional, settlement, or special uses of the land including agroforestry,
agricultural, extraction activities and income generating or livelihood activities may

be allowed to the extent prescribed in the management plan.


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objectives for managing the area, appropriate division into management zones,

review of the boundaries and design of the management programs of the are
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 reters (0 identified portions of Jand and water set

aside by reasons of theit unique physical and biological significance. enaged
to enhance biological diversity and protected against destructive human
exploitation:

i) 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 refers to an area of national significance
which is 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 the 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 3 Maranding
Protected Landscape;

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 7
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 Maranding Protected Landscape. — The
management of the Maranding Protected Landscape is vested in the Prutected 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, 2coperation and
coordination with local communities and civil society organizations

SEC. 6. Protected Area Management Board. - The PAMB for the Maranding
Protected Landscape is composed of:

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

b) The mayors of the municipalities of Salvador, Sapad, Nunungan, Tangkal

and Kapatagan, Province of Lanao del Norte or their authorized representatives;


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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 the
municipalities of Salvador, Sapad, Nunungan, Tangkal, and Kapatagan;

g) Two non-government organization or people's organization
representatives concerned with protected area management, chosen itom the five
municipalities with territory inside the protected area and duly accredited by it, and

h) The Provincia! Planning and Development Officer and Representatives of
the Province of Lanao del Norte to the House of Representatives, if any; sitting as

ex officio members.

Each member of the PAMB shall serve for a term of five years, and shall be
considered to represent and carry the vote of the sector being represented in all
matters. In the case of government officials, the tenure of membership in the PAMB

shall be attached to the office held.

SEC. 7. Powers and Functions of the PAMB. — The PAMB for the
Maranding Protected Landscape and Seascape shall exercise the follow ing powers

and functions:


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2.

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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; Deputize interested individuals for the enforcerocat 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.

|) Approve proposals for income generating or livelihood activities provided

with multiple use zones in accordance with the approved management plan.


The Secretary shall exercise authority over the PAMB to ensure that it
exercises its authority within the scope of its powers and functions. In case of
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
contlict.

{he local government units of salvador, Sapad, Nunungan, Tangkal and
Kapatagan shall participate in the management of the protected area through
representation in the PAMB as provided under Section 6 of this Act. The local
government units shall retain the power to adopt ordinances over the territory
covered under this Act, giving due consideration, however, t0 prorecied area
management objectives. If any conflict between these local government units
and protected area management objectives remains unresolved within the
PAMB, the Secretary shall resolve such issue with the concerned local
government unit.

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 Proiected Area
Superintendent shall be supported by the existing personnel of the DENR and
shall be the chief operating officer of the Maranding Protected (andscape.
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;

gd) Establish @ 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 pian; and

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

The Protected Area Superintendent shall prepare a management plan in
coordination with the appropriate offices of the DENR, the local government
units, 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


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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.

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:

1. Period of applicability of the plan;

2. Key management issues;

3. Goals and objectives of management,

4. Site management strategy;

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

6. Zoning:

7. Visitor management programs, and

8. Proposals for income generating or livelihood activities provided with multiple
use zones in accordance with the approved management plan.

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 iucal 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.

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 arca 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.


{C. 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.

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;

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

5. Constructing and 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;
and

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

objects of natural and scenic value.

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

put not more than Five hundred thousand pesos (500,000.00), or imprisonment
of not less than one year but not more than five years, or both, shall be imposed
upon:

1. Any person found guilty of raising poultry and grazing of livestock
within the protected area without a permit from the PAMB; and

2, Any public officer who, in dereliction of the -luties of office, shall
maliciously refrain from instituting acts necessary 10 prosecute the violators of
this Act or shall tolerate the commission of offenses herein provided.
Conviction for this offense also carries the penalty of perpetual disqualification
from public office.

c) A fine of not less than One hundred thousand pesos (100,000.00)
but not more than Five hundred thousand pesos (P500,000.00), or imprisonment
of not less than one (1) year but not more than five (5) years, or both, and the
restoration and rehabilitation of the damage shall be imposed upon any person

who commits the following acts:


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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:

> Dumping, burning and disposing of any waste products, vegetation
and materials within the protected area to the detriment of the inhabitants,
plants and animals therein;

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 aesthetic and scenic values. Conviction for any of these acts shall

likewise carry the penalty of eviction from the protected area and forfeiture in

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favor of the goverment of transportation facilities, structures, building

materials, equipment, devices and weapons used in the commission of the

se.

‘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 fifty 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

ity of this Act, the Department of Justice (DOJ) 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

assi

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 covér
personnel services expenditures

The local government units 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 units’ facilities.

Furthermore, the local government units 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.

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 Maranding
watershed area 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.

16. Transitory Provision. ~ \n order to ensure the sustainability

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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.

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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.

SEC. 19. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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