Republic of the Philippines

Bouse of Representatives
Queson €ity, Metro Hanila

EIGHTEENTH CONGRESS
First Regular Session

4171

H.B. No.

Introduced by Representative TEODORICO “NONONG" T. HARESCO, JR.

AN ACT
DECLARING THE NORTHWEST PANAY PENINSULA, LOCATED IN THE
MUNICIPALITIES OF NABAS, MALAY AND BURUANGA, PROVINCE OF
AKLAN, AND IN THE MUNICIPALITIES OF LIBERTAD AND PANDAN,
PROVINCE OF ANTIQUE, AS A PROTECTED AREA UNDER THE CATEGORY OF
NATURAL PARK, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER,
PURPOSES

EXPLANATORY NOTE

Section 4, Article XII of the 1987 Constitution states that “forest lands and national
parks shall be conserved and may not be increased nor diminished, except by law.” Moreover,
the Department of Environment and Natural Resources (DENR) - Region VI has already
expressed its strong proposition to delineate the specific protected areas in Western
Visayas.

Western Visayas Region, which includes Panay and Negros Islands, is recognized
as “one of the world’s highest conservation priority areas, both in terms of number of
endemic species and degrees of threat,” according to the study made by the Philippine
Biodiversity Conservation Foundation, Inc. Based on the said study, more than half of
the critically endangered species listed in the Philippines can be found in Western Visayas
and that it is undoubtedly the most threatened of the six main faunal regions of the
Philippines, since it has the least remaining forest cover and the highest numbers of
severely threatened endemic species and subspecies.

In accordance with the enactment of Republic Act Number 7586 or the National
Integrated Protected Areas System Act (NIPAS) in 1992, DENR-Region VI has identified
twelve (12) areas as initial components that may be legislated into NIPAS. Among the
twelve (12) sites identified as initial components, three (3) were proclaimed following the
procedures provided in the law. Two (2) of these were enacted in 2001, namely: the Sagay
Marine Reserve (Republic Act No. 9106) in the City of Sagay, Province of Negros
Occidental; and the Mt. Kanla-on Natural Park (Republic Act No. 9154) located in the


Cities of Bago, La Carlota, and San Carlos and in the Municipalities of La Castellana and
Murcia, Province of Negros Occidental, and in the City of Canlaon and Municipality of
Vallehermoso, Province of Negros Oriental.

Additional NIPAS sites proclaimed were Northwest Panay Peninsula found in
Buruanga and Malay, Aklan Province; Pandan and Libertad, Antique Province; and
North Negros Natural Park located in the Cities of Talisay, Victorias and Cadiz. and in
the Municipalities of Murcia, Don Salvador Benedicto and Calatrava, all in Negros
Occidental

Pursuant to the NIPAS Act, this bill aims to declare a tract of land of the public
domain, situated within the Northwest Panay Peninsula, as a protected area under the
category of a natural park.

Wherefore, the immediate passage of this bill is earnestly sought.
HON. sealaoat: ‘T. HARESCO, JR.

Representative
2.4 District, Province of Aklan


EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

H.B.No._ 417%

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
DECLARING THE NORTHWEST PANAY PENINSULA, LOCATED IN THE
MUNICIPALITIES OF NABAS, MALAY AND BURUANGA, PROVINCE OF
AKLAN, AND IN THE MUNICIPALITIES OF LIBERTAD AND PANDAN,
PROVINCE OF ANTIQUE, AS A PROTECTED AREA UNDER THE CATEGORY OF
NATURAL PARK, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER
PURPOSES

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

ARTICLEI
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Northwest Panay Peninsula
Natural Park (NPPNP) Act.”

SEC. 2. Declaration of Policy. - In recognition of the richness of the biological resources,
both flora and fauna, that are native and distinct to Panay Island and the Panay-Negros
biographical region, as well as their aesthetic and ecological importance, it is hereby
declared the policy of the State to ensure the conservation, protection, management, and
rehabilitation of these areas.

The conservation and protection of biological and physical diversities to sustain human,
plant and animal life shall be pursued through sustainable and participatory
management among the national government, through the Department of Environment
and Natural Resources (DENR) and the Provincial Governments of Aklan and Antique,
the Local Government Units (LGUs) of the Municipalities of Nabas, Malay, and Buruanga
in the Province of Aklan, and the Municipalities of Libertad and Pandan in the Province
of Antique, the Non-Governmental Organizations (NGOs), People’s Organizations
(POs), local stakeholders, and the Indigenous Cultural Communities (ICCs), particularly
the Aetas, locally called as “ Ati”

SEC. 3. Declaration as Protected Area. ~ Pursuant to and in accordance with Republic
Act Number 7586 or the National Integrated Protected Areas System Act of 1992 (NIPAS
Act), a tract of land of the public domain situated within the Northwest Panay Peninsula
is hereby declared a protected area under the category of a natural park.

SEC. 4. Scope and Coverage. ~ The NPPNP shall cover a certain parcel of land located in
the municipalities of Nabas, Malay and Buruanga, Province of Aklan, and in the


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municipalities of Libertad and Pandan, Province of Antique. Its boundaries are more
particularly described as follows:

Beginning at a point marked “1” of the map, which is N. 82° 37’ E,, three thousand three
hundred twenty-six and four tenth (33264) meters; from BLLM No. 7, PSC-38 of
Libertad, Antique:

‘Thence S. 74° 34’ W. 1,389.91 meters to corner 2;

Thence N. 74°23’ W., 1,671.82 meters to corner 3;
Thence S. 64° 12’ W. 2,112.89 meters to corner 4;
Thence N. 54°59 W., 1,306.72 meters to corner 5;
‘Thence N. 47° 07' W., 1,572.37 meters to corner 6;
‘Thence N. 36°09 W., 1,331.49 meters to corner 7;
Thence N. 43°16" 1,743.57 meters to corner 8;
Thence S. 40° 18’ E., 1,049.46 meters to corner 9;
‘Thence N. 11° 45’ W., 766.12 meters to corner 10;
Thence N. 07° 16' E, 1,735.66 meters to corner 11;
Thence N. 30° 53’ W., 699.43 meters to corner 12;
Thence N. 31° 50’ E., 1,188.35 meters to corner 13;
Thence N.87° 15’ E., 2,298.33 meters to corner 14;
Thence N. 15°19 E, 1,171.69 meters to corner 15;
Thence S. 84° 01’ E,, 2,398.04 meters to corner 16;
Thence N. 87° 54° 805.44 meters to corner 17;
Thence S. 48° 23 E., 2,356.49 meters to corner 18;
Thence S. 50° 18' E., 1,269.20 meters to corner 19;
Thence S. 58° 4 E., 1,424.64 meters to corner 20;
Thence S. 78° 05' E., 2,152.13 meters to corner 21;
Thence S. 51° 59 E., 1,238.41 meters to corner 22;
Thence S. 30° 12’ E., 2,266.24 meters to corner 23;
Thence S. 05° 39 E., 1,685.24 meters to corner 24;
Thence $.22° 26’ W., 1,764.83 meters to corner 25;
Thence S. 53° 35’ W. 1,081.73 meters to corner 26;
Thence N.86° 42’ W., 533.23 meters to corner 27;
Thence $.10° 33’ W., 1,117.38 meters to corner 28;
Thence $.79° 32’ W., 962.01 meters to corner 29;
Thence N. 57°20’ W., 1,807.07 meters to corner 30;
‘Thence N.64° 49’ W., 1,535.10 meters to corner 31;
Thence N. 74° 48’ W., 2,453.48 meters to corner 1.

the point of beginning, containing an approximate area of twelve thousand nine and
twenty-nine hundredth (12,009.29) hectares, more or less, subject to actual ground
survey.

Any modification of the coverage of this Act due to such factors as changing ecological
situations or new scientific or archaeological findings not previously taken into account
shall be made through an act of Congress, after consultation with the affected public and
concerned government agencies.

SEC. 5. Land Classification. - All lands of the public domain within the coverage and
scope of this Act shall fall under the classification of national park as provided for in the
Philippine Constitution.


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SEC. 6. Establishment of Buffer Zones. ~ Buffer zones shall be established along and
adjacent to the peripheral boundaries to serve as protective layer to the area and its
resources. The buffer zones shall also serve as a social fence against the entry of intruders
that bring destruction or conduct activities detrimental to the park. Prescriptions for the
management of buffer zones shall be included as components of the protected area
management plan. The DENR shall exercise the same authority over buffer zones in the
same manner as protected areas: Provided, however, That, there shall be consultation with
the affected communities.

‘The buffer zones shall be established by the DENR, in consultation with the affected
communities, after conducting a thorough study on their implications to the
development of the park and the surrounding communities.

SEC. 7. Definition of Terms. - For purposes of this Act, the following terms shall be
defined as follows:

a) _Bioprospecting shall refer to any research activity or collection and utilization of
biological and genetic resources for purposes of applying the knowledge derived
therefrom solely for commercial purposes.

b) Buffer zones shall refer to areas that are outside the boundaries of and immediately
adjacent to designated protected areas, pursuant to Section 3 of this Act, that need
special development control in order to avoid or minimize encroachment and
harm to the protected area,

©) By-products or derivatives shall refer to any part taken or substance extracted
from wildlife, in raw or processed form, which include stuffed animals and
herbarium specimens.

d) Cave shall refer to any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or ledge
and which is large enough to permit an individual to enter, whether or not the
entrance, located either on private or public land, is naturally formed or man-
made. It shall include any natural pit, sinkhole or other feature which is an
extension of the entrance. The term also includes cave resources but not any vug,
mine tunnel, aqueduct or other man-made excavation.

©) Collection or collecting shall refer to the act of gathering or harvesting wildlife, its
by-products or derivatives.

f) Conservation shall refer to any act or acts of preservation and sustainable
utilization of wildlife and/or maintenance, restoration and enhancement of
habitat.

8) DENR shall refer to the Department of Environment and Natural Resources, a
national government agency created under Executive Order No. 192 with
jurisdiction over forestlands and protected areas,

h) GMPS shall refer to the General Management Planning Strategy, which is a
document that serves as a guide in the formulation of site-specific development
plans, including plans for the buffer zone.


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C)

Indigenous Cultural Community (ICC) shall refer to a group of people sharing
‘common bonds of language, customs, traditions and other distinctive cultural
traits and who have, since time immemorial, occupied, possessed and utilized a
territory.

IPAF shall refer to the Integrated Protected Areas Fund, a special account in the
National Treasury established for the purpose of promoting the sustained
financing for the operations of the NIPAS. The IPAF may receive revenues
generated within the protected area or through donor support and such other
funds provided by law.

LGU shall refer to any local government unit, a political body created under
Republic Act No. 7160, otherwise known as the “Local Government Code of 1991,”
a body politic and corporate endowed with powers to be exercised by it in
conformity with law, and exercising powers as a political subdivision of the
national government and as a corporate entity representing the inhabitants of the
territory.

National Park shall refer to a tract of land of the public domain classified as such
pursuant to the 1987 Philippine Constitution.

‘Natural Park shall refer to a relatively large area not materially altered by human
activity where extractive resource uses are regulated and maintained to protect
outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use.

NIPAS Act shall refer to Republic Act No. 7586, entitled “An Act Providing for the
Establishment and Management of National Integrated Protected Areas System,
Defining its Scope and Coverage, and for Other Purposes,” which mandates the
classification and administration of all designated protected areas in order to
maintain ecological processes and life support systems, to preserve genetic
diversity, to ensure sustainable use of resources found within the protected areas
and to maintain their natural conditions to the greatest extent possible.

NGO shall refer to any non-governmental organization or any civic,
developmental, environmental or philanthropic _non-stock, non-profit
organization.

NPBMC shall refer to the Northwest Panay Biodiversity Management Council, a
multi-sectoral body organized in 1999 and was instrumental in the proclamation
of the NPPNP as a protected area.

PAMB shall refer to the Protected Area Management Board, a governing body
created for each protected area pursuant to the NIPAS Act, and tasked to oversee
all activities inside the protected area and its buffer zone.

PASu shall refer to the Protected Area Superintendent, the chief operating officer
of the DENR who is directly responsible to the PAMB and the concerned DENR
Regional Executive Director.

Peninsula shall refer to a strip of land projecting into water; a narrow piece of land
that juts out from the mainland into a sea or lake.


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t) PO shall refer to any identified portion 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.

u) Protected Area shalll refer to any identified portion 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.

v) Secretary shall refer to the Secretary of the DENR.

w) Tenured migrant shall refer to any person who has actually and continuously
occupied an area for five (5) years prior to its designation as part of a protected
area and is usually dependent on that area for subsistence.

ARTICLE II
MANAGEMENT, MANAGEMENT PLAN AND ZONING

SEC. 8. Management of the Northwest Panay Peninsula Natural Park - The
management and administration of the NPPNP shall be vested in the PAMB: Provided,
That, the processes and procedures in the management of zones to be established in the
area shall be consultative and participatory.

SEC. 9. Local Government Units (LGUs). ~ As members of the PAMB, the LGUs are
mandated to participate in the affairs and support the programs and projects of the
protected area. Specific co-management strategies, through the signing of memoranda of
agreement, may be adopted, at the discretion of the PAMB, to strengthen and empower
its partner POs, NGOs, ICs and LGUs in all management schemes and undertakings or
the NPPNP.

There shall be an integration of objectives of the NPPNP with the development plans of
the two (2) provinces of Aklan and Antique. The respective LGUs shall ensure that local
ordinances on environmental protection and conservation and the allocation of funds for
environmental programs are consistent with this Act and the management plan.

SEC. 10. The Northwest Panay Biodiversity Management Council (NPBMC). - The
NPBMC shall continue to serve as the coordinating body among member LGUs to
strengthen policy direction and heighten the commitment of the communities within and
bordering the NPPNP.

‘The NPBMC shall work closely with the PAMB to reduce the pressure on the NPPNP
from the surrounding communities through development programs and other activities
geared towards the protection, conservation and sustainable use of the latter's resources.
‘The NPBMC may provide assistance to the PAMB.

SEC. 11. The General Management Planning Strategy (GMPS). - The GMPS for the
NPPNP shall be prepared to provide a long-term basic management framework, govern
ies and serve as guide in the preparation of annual operations and budgetary
requirements.

The GMPS shall identify the allowable uses for each zone. Its preparation shall be
undertaken by the PAMB under the supervision of the DENR, in consultation with the
different stakeholders. In addition to the contributions from various technical experts on


biodiversity management, the PAMB shall solicit the assistance of NGOs and academic
institutions in the preparation of the GMPS, particularly in the areas of community-based
resource management and ICC concerns. The plan must be consistent with the objectives
of the NPPNP.

‘The GMPS shall contain information on the following:

(a) The period of applicability which shall be twenty-five (25) years subject to review
and modifications, whenever the PAMB deems it necessary;

(b) Key management issues;

(©) Goals and objectives of management in support of Section 2 of this Act;
(d) Site management strategies;

(©) Zoning, in accordance with Section II of this Act;

() Management programs, to include the enforcement of laws, habitat and wildlife
management, ecotourism, sustainable-use management, _ infrastructure
development and maintenance, fire prevention and pest control;

(g) Mechanisms for the protection of the identified core zone and tenured migrants;
(h) Sustainable and non-destructive livelihood activities;

(i) Regulations on the preservation and conservation of resources such as permits,
resource-use restrictions and the like; and

(i) Other information as may be deemed necessary.

‘The GMPS shall be reviewed and adopted by the PAMB and certified to by the Secretary
that it conforms to all laws, rules and regulations issued by the DENR. The revision or
modification of the GMPS shall be undertaken after consultation with the approval by
the PAMB.

SEC. 12. Management Zones. - Management zones shall be established within the
NPPNP, giving primary consideration to its protection and conservation. Zoning shall
take into account the tenurial and livelihood concerns of communities to ensure the
efficient protection of habitats, fragile ecosystem and unique areas, without
compromising the general welfare of the local inhabitants.

The establishment and management of zones shall involve the communities concerned
through dialogues, consultations and land resource-use mapping with the aid of
geographic information system and latest technologies. Such management zones shall
be delineated and established on the ground with the participation of communities, LGUs
and other stakeholders.

All zones that shall be established shall be indicated on maps for control point and
management purposes.


ARTICLE IL

1
2. INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS OF MANAGEMENT
3
4 SEC. 13. Institutional Mechanisms, Roles and Functions of Management. ~
5
6 (a) The PAMB shalll be the highest policy-making body of the NPPNP. It shall be
7 composed of the following:

8
9 (1) The DENR Regional Executive Director (RED) for Region VI, as chairperson

10 and adviser on matters related to the technical aspects of protected area

nL management;

12

2B (2) The Governors of the Provinces of Aklan and Antique, or their duly

4 authorized representatives, preferably the respective provincial planning

Is and development officers (PPDO) or environment and natural resources

16 officers;

17

18 (3) The Mayors of the Municipalities of Nabas, Malay and Buruanga, Province

19 of Aklan, and the Municipalities of Libertad and Pandan, Province of

20 Antique, or their duly authorized representatives;

21

2 (4) All Punong Barangays with territorial jurisdiction over the NPPNP, or their

2B duly authorized representatives;

24

25 (5) Three (3) representatives from the NGOs based in the Provinces of Aklan

26 and Antique, and at least seven (7) POs duly accredited by the DENR and

2 LGUs with tangible projects within the NPPNP at the time of their

28 membership in the PAMB. In the absence of accredited NGOs, any

29 environmental NGO may be appointed by the Secretary to nominate its

30 representative as PAMB member;

31

32 (6) A representative from the ICCs residing inside the NPPNP or within its

3 buffer zones; and

34

35 (7) A representative each from other national government agencies involved

36 in protected area management.

37

38 _(b) There shall be an Executive Committee (ExeCom) within the PAMB to whom may

39 be delegated some of its powers and functions, to be composed of the Regional

40 Technical Director for Protected Areas, Wildlife Zones and Coastal Management

41 Service as Chairperson, and at least two (2) representatives each from the LGUs,

2 the NGOs and the ICs. The PAMB shall determine the scope and extent of the

4B authority to be delegated to the ExeCom.

44

45 (6) Except for government officials who shall serve in ex officio capacities, each PAMB

46 member shall serve for a term of five (5) years without compensation: Provided,

47 ‘That, such government official remains connected with the office or agency being,

48 represented. The term of office of the NGO and the PO representatives in the

49 PAMB shall be coterminous with the duration and existence of the organizations’

30 projects in the protected area. Whenever a seat allotted for the NGOs becomes

31 vacant, a new member shall be chosen in the same manner as the original selection

52 process: Provided, however, That, the substitute shall only serve for the remaining

53 term of the predecessor. In the case of elective government officials, their


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membership in the PAMB shall be coterminous with their respective terms of
office.

(d) The PAMB en banc shall hold a regular meeting at least twice a year and the

ExeCom shall hold regular meetings at least once every four (4) months, For both
bodies, a quorum shall consist of a simple majority of the members. The
chairperson may call for a special meeting as deemed necessary.

(@) The members of the PAMB shall be entitled to reimbursement of actual traveling

and subsistence expenses incurred in attending the meetings of the PAMB or its.
committees, subject to existing accounting and budgeting rules and regulations.
‘These expenses shall be included in the annual budgetary allocation for the
NPPNP.

SEC. 14. Functions of the PAMB. - The PAMB shall decide by a majority vote and shall
have the following powers and functions:

(a)

(b)

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(h)

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Formulate rules and regulations pertaining to activities that are prejudicial to the
NPPNP;

Issue necessary permits for all activities in accordance with the management plan
and pertinent laws and regulations on forest resources and environmental
protection;

Decide on matters relating to planning, resource protection and general
administration in accordance with the GMPS;

Approve proposals, work plans, action plans and guidelines for management in
accordance with the approved management plan;

Promulgate rules and regulations to promote development programs and projects
on biodiversity conservation and sustainable development consistent with the
management manual;

Ensure the implementation of programs, as prescribed in the management plan,
inorder to provide employment to the people dwelling in and around the NPPNP;

Control and regulate the construction, operation and maintenance of roads,
waterworks, sewerage, fire protection and sanitation systems and other public
utilities;

Monitor and evaluate the performance of personnel, NGOs and the communities
in contributing to biodiversity conservation and socio-cultural and economic
development, and report its assessment to the NIPAS Policy and Program Steering,
Committee and the IPAF governing board;

Deputize, through the PASu, interested individuals for the enforcement of laws,
rules and regulations and prescribe the necessary qualification standards for
individuals or groups applying for deputation;

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


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(k)

Create committees that may be needed for the effective implementation of
programs and projects.

The DENR, through the RED for Region VI, shall ensure that the PAMB exercises
authority within the scope of its powers and functions. In case of conflict between
issuances of the DENR pursuant to the NIPAS Act and the rules and regulations or
resolutions of the PAMB, the Secretary shall decide whether to apply the rule or
withdraw its application in the NPPNP.

SEC. 15. The Protected Area Superintendent (PASu) Office. - There is hereby established
a PASu office in charge of the management, protection, and administration of the
NPPNP. The PASu shalll be supported by the existing personnel of the DENR. The PASu
shall be the Chief Operating Officer of the NPPNP and shall be accountable to the RED
of the DENR VI and the PAMB. The PASu shall have the following powers and functions:

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(b)

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(a)

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(h)

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Prepare and recommend to the PAMB the approval of the annual work and
financial plans;

Develop a management information system to ensure that relevant and updated
information are available for planning, monitoring and decision-making;

Collect and/or receive pertinent fees, donations and other income for the
protected area;

Initiate the preparation of the GMPS in coordination with other government
offices and sectors;

Serve as head of the secretariat for the PAMB;

Establish a productive partnership with the local community and stakeholders,
including groups who are interested in attaining the goals and objectives of the
NPPNP;

Formulate and implement park information, education, communication and
visitor programs;

Enforce laws, rules and regulations pursuant to existing environmental laws and
DENR orders to protect and preserve the NPPNP from trespass, damage, injury,
and illegal occupancy;

Certify whether a proposed activity or project is allowable or not within the
management zones;

Issue cutting permit for planted trees for a volume of up to five (5) cubic meters
per applicant per year for traditional and subsistence livelihood of
ICCs/indigenous peoples (IPs) and tenured migrants only: Provided, That,
Protected Area Community-Based Resource Management Agreement
(PACBRMA) holders with affirmed community resource management plans shall
no longer be issued cutting permits: Provided, further, That, the total volume of
extraction does not exceed the limit set by the PAMB and the location of extraction
is within the appropriate site within the multiple-use zone;


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(k) Issue certificates of origin and transport permits for natural resources and other
products collected or gathered from the NPPNP in accordance with the resource-
use instruments or agreements or gratuitous permits issued by the PAMB and/or
the DENR;

(0) Monitor all activities within the NPPNP and its buffer zones; and

(m) Perform such other functions as the PAMB or the RED may assign.

ARTICLE IV
ANCESTRAL LANDS / DOMAINS AND TENURED MIGRANTS

SEC. 16. Ancestral Lands and Domains. ~ The rights of the ICCs to their ancestral lands
and domains shall be recognized subject to existing and prior rights.

Traditional property regimes exercised by the ICCs in accordance with their customary
laws shall govern the relationship of all individuals within their communities with
respect to all lands and other resources found within their ancestral lands and domains.

The provisions of this Act shall be construed liberally in favor of the ICCs in accordance
with the conservation objectives of the NPPNP that would not impair, diminish or
derogate any prior or existing right currently enjoyed by the ICCs under existing laws.

SEC. 17. Tenured Migrants. - Tenured migrants are households that have actually and
continuously occupied the NPPNP before April 25, 1997 and are solely dependent on the
area for their livelihood. A tenured migrant shall be issued a tenurial instrument on the
areas they have been occupying or cultivating, not to exceed a maximum of five (5)
hectares per household. In consideration of current practices in areas occupied by tenured
migrants, especially in strict protection zones where no occupation or other activities are
allowed, a provision for their transfer to sustainable-use zones shall be accomplished
through just and humane means.

To effectively provide a social fence to the NPPNP, a tenurial instrument to be issued
pursuant to this Act must be limited solely to the sustainable-use zones in accordance
with the general management plans and strategies. The tenurial instruments or the rights
and interests arising out of such instruments shall not be transferred, sold, leased or used
as collateral for a loan, otherwise it shall be void. The said rights can be transferred only
to direct descendants.

A tenurial instrument shall cover a period of twenty-five (25) years, renewable for
another twenty-five (25) years based on the performance evaluation and compliance with
the terms and conditions stipulated in the said instrument.

Any violation of the terms and conditions the tenurial instrument or any provision of this
Act or abandonment by a tenured migrant shall constitute a sufficient ground for the
cancellation of the tenurial instrument.

Upon cancellation of a tenured migrant instrument for cause or by voluntary surrender

of rights, the PAMB shall take immediate steps or strategies to develop, rehabilitate and
maintain the area for protection, conservation and sustainable use.

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ARTICLE V

ILLEGAL ACTS.
SEC. 18. Prohibited Acts. ~ The following shall be the prohibitions and penalties within
the NPPNP:
(a) A fine of not less than Five thousand pesos (P5,000.00) but not more than Five

(b)

hundred thousand pesos (250,000.00) or imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years, or both, at the discretion
of the court, shall be imposed upon any person who:

(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within the
NPPNP any wild plant or animal or product derived therefrom without prior
PAMB permit;

(2) Possesses, without a permit from the PAMB, any wild plant or animal or
product derived from such wild plant or animal within the NPPNP or in any
of its management zones where the species is not endemic;

@) Cuts, gathers, collects or removes timber other forest products, as well as
undertakes any activity not compatible with the use of the respective zones
within the NPPNP without prior PAMB permit: Provided, That, any permit
issued shall be valid for only one (1) month from the date of issue either to
tenured migrants within sustainable, monitored and controlled quotas or for
scientific purposes in accordance with existing guidelines and outside the
strict protection zones;

(4) Establishes or introduces exotic species that have allelopathic or detrimental
effect to endemic species without prior PAMB permit; or

(6) Engages in kaingin or slash-and-bum farming or any activity that causes
forest fire;

A fine of not less than Five thousand pesos (P5,000.00) but not more than Two
hundred fifty thousand pesos (P250,000.00) or imprisonment of not less than six
(6) months but not more than six (6) years, or both, at the discretion of the court,
and the restoration and rehabilitation of the damage resulting from violations shall
be imposed upon any person who:

(1) Violates the management plan or any resolution issued by the PAMB;

(2) Vandalizes, mutilates, transports, destroys, excavates or in any manner
intentionally damages any natural formation or object of natural beauty
inside the protected area, or the burial or religious sites including artifacts
and 2 other objects belonging to the ICCs/IPs;

(3) Dumps, burns or otherwise disposes of any substance deleterious to the
ecosystem, plants and animals or human inhabitants or committing the same
in the buffer and multiple-use "areas without appropriate authority or
permit;

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(a)

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(4) Uses or possesses a motorized equipment anywhere within the strict
protection zone without a prior permit from the PAMB;

(5) Uses or possesses chainsaws and band saws without prior PAMB permit:
Provided, That, permits may only be issued for use within the multiple-use
zones;

(6) Engages in grazing or raising of poultry and other livestock for commercial
purpose: Provided, That, existing grazing or poultry and other livestock farms
shall be phased out within five (5) years after the effectivity of this Act;

(7) Causes damage or leaves roads and trails in damaged condition;

(8) Occupies any tract of land without a prior PAMB permit. Any clearing,
construction of residence or introduction of improvements shall constitute
prima facie evidence of occupation or settlement;

(9) Alters, removes, destroys or defaces boundaries, marks or signs;

(10) Constructs and maintains a building, edifice or any kind of structure or
conducts any business enterprise without a prior PAMB permit;

(11) Enters the NPPNP without a prior PAMB permit for purposes of bird
watching, swimming, trekking, filming, camping, spelunking or caving, and
other similar activities;

2) Conducts bioprospecting, research work or any study without a prior PAMB
P B vy study P
permit or in violation of existing guidelines; or

(13) Engages in treasure hunting;

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
six (6) months but not more than six (6) years, or both, at the discretion of the court,
shall be imposed upon any public officer or law enforcement officer, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting
proper action for the punishment of violators of the law or shall tolerate the
commission of offenses. A conviction of this offense shall also carry the penalty of
perpetual disqualification from public office;

In case the species involved in the violations enumerated under Section 18(a) are
protected species, the penalty to be imposed shall not be less than twelve (12) years
and one (1) day but not more than twenty (20) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00) in
addition to the accessory penalties provided in the immediately succeeding
paragraph. Furthermore, any citizen may institute the necessary charge against
the offender for the commission of the acts enumerated under Section 18(a)
involving protected species;

A conviction under this section shall likewise carry the penalty of eviction from
the NPPNP, payment of damages for the rehabilitation and restoration and the
forfeiture of all equipment, device and weapons used in the commission of the
offense as well as the resources caught in the possession of the accused. In case the

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offender is not a citizen of the Philippines, he/she shall be immediately deported
to his/her country of origin after service of his/her sentence. If the offender is an
association or corporation, the president or manager shall be directly responsible
for the act of the employees and laborers;

(The PASu or the duly deputized personnel may arrest even without a warrant any
person who has committed or is committing in one's presence any of the offenses.
defined in this section. The PASu may also seize and confiscate in favor of the
government the tools and equipment used in committing the offenses and the
resources caught in the possession of the offender and file the necessary charges
therefore: Provided, That, the DENR may impose administrative fines and penalties
in accordance with law; and

(g) In case of conviction, the penalty consisting of fines and damages shall directly
accrue to the IPAF for the protected area.

SEC. 19. Special Prosecutor. ~ Within thirty (30) days from the effectivity of this Act, the
Department of Justice shall designate a special prosecutor to whom alll cases of violation
of laws, rules and regulations in the NPPNP shall be assigned. Such special prosecutor
shall coordinate with the PAMB and the PASu in the performance of one’s duties and
assist in the training of wardens and rangers in arrest and criminal procedures,

ARTICLE VI
PROCEEDS AND FEES

SEC. 20. The Northwest Panay Peninsula Natural Park Protected Area Fund. ~ There is
hereby established a trust fund to be known as the Northwest Panay Peninsula Natural
Park Protected Area Fund for purposes of financing, projects of the system. All income
generated from the operation of the system or the management of wild flora and fauna
in the NPPNP shall accrue to the fund. This income shall be derived from fees from
permitted sale and export of flora and fauna and other resources from the NPPNP,
proceeds from lease of multiple-use areas, contributions from industries and facilities
directly benefiting from the NPPNP and such other fees and income derived from the
operation of the NPPNP.

The fund may be augmented by grants, donations, and endowment from various sources,
whether domestic or foreign: Provided, That, the 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: Provided, further, 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 NPPNP.

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ARTICLE VIL
EXISTING FACILITIES

SEC. 21, Existing Facilities. ~ Within ninety (90) days from the effectivity of this Act, the
PAMB shalll be organized and a PASu shall be appointed who, within the same period,
shall make an inventory of existing facilities within the boundaries of the NPPNP and
submit the said inventory to the PAMB through a sworn statement containing the
following information:

(a) List of infrastructure, machineries and facilities and their potential disturbances to
protected species and their habitat, reproductive cycles, nesting and feeding
grounds;

(b) Noise levels at all stages of operation;

(©) Energy requirements and sources of energy;

(4) Water supply requirements and sources of water;

(©) Volume of resources extracted from the protected area; and
() Future plans for the next five (5) years.

Based on the submitted documents, the PAMB, with technical assistance from the DENR,
shall determine whether the existence and operation of said infrastructure, machineries
and facilities and its future plans and operations would be detrimental to the NPPNP.

Existing laws, rules and regulations relating to the Environmental Impact Statement (EIS)
System shall be applicable to projects and activities intended in the NPPNP. The issuance
by the DENR of an Environmental Compliance Certificate (ECC) or its exemption for any
project or activity in the NPPNP shalll be coordinated with the PAMB.

ARTICLE VIII
UTILIZATION OF RESOURCES

SEC. 22. Utilization of Resources. ~ Livelihood activities requiring the use of resources
derived from the NPPNP shall be allowed only when it is found to be sustainable and
consistent with the GMPS and only upon prior PAMB approval. Only non-timber
products may be utilized for livelihood purposes, except trees planted in tenured areas.
No exploration, exploitation, or utilization of nonrenewable resources for commercial
purposes or by non-tenured migrants or non-ICCs shall be allowed. Energy generation
projects utilizing renewable resource such as, but not limited to, hydroelectric, wind or
solar generators may be allowed at the discretion of the PAMB.

Commercial utilization of resources by tenured migrants and the ICs shall be allowed
only upon prior PAMB approval and in accordance with the GMPS, Commercial
exploitation and utilization of water resources and other permitted resources and
establishment or installation of infrastructure such as, but not limited to, access roads,
telecommunication facilities, and the likes, within the NPPNP shall require PAMB
approval: Provided, That, these are not in conflict with the GMPS and shall undergo the
EIS System.

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The utilization of non-tangible resources such as, but not limited to, aesthetic value,
filming, camping and trekking areas, caving adventures, researches on flora and fauna,
and other related activities shall require the approval of the PAMB pursuant to a
corresponding permitting system to be adopted. The PAMB shall establish a mechanism
that would streamline the processing of these permits in order to promote its viability to
enhance collection.

A permanent office, strategically situated within the NPPNP, shall be established for this
purpose, where the PASu or his duly authorized representative can judiciously act on
requests from respective parties with authority from the PAMB.

ARTICLE IX
‘TRANSITORY AND MISCELLANEOUS PROVISIONS

SEC. 23. 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.

SEC. 24. Applicability. - The provisions of this Act shall be construed liberally in favor
of tenured migrants and the ICC, with due consideration to the protection of biodiversity.
The NIPAS Act shall supplement the implementation of this Act.

SEC. 25. Transitory Provisions. - A new PAMB shall be convened and created within
three (3) months from the effectivity of this Act. During the same period, the DENR, in
coordination with the PAMB, the Committee on Natural Resources of the House of
Representatives, the Senate Committee on Environment and Natural Resources and the
concerned Congressional District Representatives shall undertake the preparation of the
implementing rules and regulations of this Act.

SEC. 26. Separability Clause. - If any provisions of this Act or the application of such
provision to any person or circumstances be declared unconstitutional, the remainder of
this Act or the application of such provision to other person or circumstances shalll not be
affected by such declaration.

SEC. 27. Repealing Clause.~ All laws, decrees, proclamations, executive orders, rules and
regulations or other issuances or parts thereof contrary to inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 28, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official or in a national newspaper of general circulation.

Approved,

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