FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
7 
JIJ. 
-4 
!'?:?(I 
SENATE 
I_- 
Senate Bill No. PO77 
Introduced by SENATOR COMPAfiERA PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Mt. Balatukan Range Natural Park in 
The Mt. Balatukan Range Natural Park, which covers 8,423.569 hectares, 
bears a unique and lush biological and hydrological features. It holds substantial 
major rivers such as Maanas river, Maayam, Gatub, Magiskis, Samay, Agay- 
ayan, and Anahaw, Paytabian, Kihangad, Dumpilayan, Kiuneng, Samay and 
Hinupolan rivers. These major rivers play a vital role in the water Supply 
throughout the area of Northern Mindanao particularly in the eastern part of 
Misamis Oriental. The Mt. Balatukan Range Natural Park also houses important 
fauna such as the Wild pig, Deer, Wild chicken, Wild dove, Pigeon, Wood pecker, 
Civet cat, Phil. deer, Tausi, Monkey, Owl; and flora such as the Almaciga, White 
lauan, Red lauan, Nato, Tanguile, Narig, Makaasim, Kalingag, Baliti, Apitong, 
Maltibig, Mayapis, Marang Banguhan, Bayanti, Gmelina, Baliti, Bayok, Almon, 
and Egim. 
This bill, therefore, seeks to declare the Mt. Balatukan Range Natural Park 
as protected in order to protect it from indiscriminate exploitation and to be able 
to maintain its ecological balance and preserve its source of water supply. 
Given the importance of biodiversity, it is deemed crucial that we act on 
this now to ensure that our children and the succeeding generations will inherit a 
living earth with all of its bountiful natural resources and vibrant wildlife. 
Misamis Oriental as a protected area. 
In view of the foregoing, the passage of this measure is earnestly urged. 
SENAT k? 
MPA ERA PIA S. CAYETANO 
f JY 


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FOURTEENTH CONGRESS 
1 
Republic of the Philippines 
) 
First Regular Session 
) 
SENATE 
introduced by Senator Pia S. Cayetano 
AN ACT 
ESTABLISHING THE MT. BALATUKAN RANGE LOCATED IN THE CITY OF 
GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, MEDINA, AND 
BALINGASAG, ALL IN THE PROVINCE OF MlSAMlS ORIENTAL, AS A 
PROTECTED 
AREA, 
UNDER 
THE 
CATEGORY 
OF 
PROTECTED 
LANDSCAPE, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER 
PURPOSES 
Be if enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "Mt. Balatukan Range 
Natural Park Act of 2007." 
SEC. 2. Land Classification. - All lands of the public domain comprising 
the Mt. Balatukan Range Natural Park shall fall under the classification of National 
Park as provided for in the Philippine Constitution. 
SEC. 3. Scope and Coverage. - The Mt. Balatukan Range, which falls 
under the category of Natural Park as defined therein, shall cover lands of the 
public domain located in the City of Gingoog and the Municipalities of Claveria, 
Medina, and Balingasag, all within the Province of Misamis Oriental. It shall have 
the following boundaries: Beginning at a corner marked "1" which is located at 
12437'21" E and 8"47'35" N near the junction at Kihangad River and a branch 
creek S 75"22'45" E, 950.79 m. 
Thence 
N 76"48' W 
1,683.50 m 
to corner 2 
Thence 
N 81 "36' W 
1,620.90 m 
to corner 3 
Thence 
N 30"20' W 
2,253.40 m 
to comer 4 
Thence 
N 62"05'W 
1,667.00 m 
to corner 5 
Thence 
N 34"40' E 
2,012.90 m 
to corner 6 
Thence 
N 23"26' E 
1,253.60 m 
to corner 7 
Thence 
N 89"Ol' E 
2,227.20 m 
to corner 8 
Thence 
S 84"30' 
E 
933.50 m 
to corner 9 
Thence 
S 85"28' E 
1,791.40 m 
to corner 10 
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Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
S 70"38' E 
N 87"44' E 
S 18"42' E 
S 15"45' W 
S 03"03' E 
S 18"39' E 
S 71 "27' E 
N 69"30' E 
S 78"47' E 
S 84"32' E 
S 08"17' E 
S 36"59' E 
S 39'43' E 
S 39"37' E 
S 35"20' W 
S 71"44' W 
S 40"40' W 
N 65"IO'W 
N 4 9 5 0  W 
N 76"OO' W 
N 58"12' W 
N 76"25' W 
N IO"20' E 
1,889.60 m 
647.80 m 
356.00 m 
397.20 m 
1,274.60 m 
1,790.40 m 
1,348.60 m 
696.20 m 
748.20 m 
647.80 m 
662.50 m 
2,238.10 m 
1,335.30 m 
931.80 m 
407.80 m 
1,266.90 rn 
2,381.90 m 
1,070.00 m 
1,800.00 m 
1,450.00 m 
2,847.17 m 
1,234.54 m 
1,920.00 m 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to corner 32 
to corner 1, the 
point of beginning, containing an area of Eight Thousand Four Hundred Twenty- 
Four (8,424) hectares, more or less, subject to actual ground survey. 
The Buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
"1" which is located at 124"57'00 E and 8"47'22 N, near the junction of Kihangad 
River and a branch creek N 66"48'05" W, 456.94 meters, 
Thence 
N 82'16'W 
3,266.70 m 
to corner 2 
Thence 
N 31"13'W 
2,428.20 m 
to corner 3 
Thence 
N 60"04' W 
1,820.10 m 
to corner 4 
Thence 
N 33'28' E 
2,178.00 m 
to corner 5 
Thence 
N 26"45' E 
1,428.50 m 
to corner 6 
Thence 
N 86"02 E 
1,725.70 m 
to corner 7 
Thence 
N 69"53' E 
1,962.40 m 
to corner 8 
Thence 
S 64"44' E 
2,046.20 m 
to corner 9 
Thence 
S 86"49' E 
721.80 m 
to corner 10 
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Thence 
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Thence 
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Thence 
Thence 
S 59"II'E 
Due East 
S 31"51' E 
S 07"35 W 
S 27"42 W 
s 03"OI'W 
S 18"02'E 
S 78"25' E 
N 31"49 E 
S 7757' E 
S 82"30' E 
S 04"45 W 
S 34"37' E 
S 31"14' E 
S 37"20 E 
S 56"48' W 
S 152'17' E 
S 71"25'W 
S 31"28' E 
S 34"50' W 
S 24"55 E 
S 71"14'W 
N 61"59 W 
N 50"32' W 
N 71"06 W 
N 5T44'W 
N 73"02 W 
N lY31' E 
1,212.20 m 
720.70 m 
872.60 m 
303.20 m 
429.90 m 
1,143.60 m 
1,609.20 m 
899.10 m 
318.70 m 
1,248.60 m 
1 ,I 
14.20 m 
965.00 m 
2,361.40 m 
1 ,I 
57.00 m 
1,483.50 m 
692.70 m 
341.40 m 
1 ,I 
39.60 m 
420.10 m 
84.30 m 
94.20 m 
1,440.70 m 
1,840.70 m 
1,713.10 m 
1,313.60 m 
2,890.06 m 
1,885.14 m 
1,420.60 m 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to corner 32 
to corner 33 
to corner 34 
to corner 35 
to corner 36 
to corner 37 
to corner 1, the point 
of beginning, containing an area of One Thousand Two Hundred Twenty-Two 
(1,222) hectares, more or less, subject to actual ground survey and delineation to 
be conducted by the DENR. 
The technical descriptions provided in this Act will be subject to ground 
survey and verification to be conducted by the Department of Environment and 
Natural Resources. 
Any modification of the coverage of this Act due to such factors as changing 
ecological situations, new scientific or archeological findings, or discovery of 
traditional boundaries not areviouslv taken into account shall be made through an 
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act of Congress, after cOnSUltatiOn with the affected public and concerned 
government agencies. 
SEC. 4. Definition of Terms. - The following terms are hereby defined for 
a. “Ancestral Domain” refers to all areas generally belonging to Indigenous 
Cultural Communities or Indigenous People (ICCs/lPs) comprising lands, inland 
waters, coastal areas, and natural resources therein, held under a claim of 
ownership, occupied or possessed by the ICCsllPs, by themselves or thru their 
ancestors, communally or individually since time immemorial, continuously to the 
present except if interrupted by war, force majeure or displacement by force, 
deceit, stealth or as a consequence of government projects or any other voluntary 
dealings entered into by government or public individuals/corporations, and which 
are necessary to ensure their economic, social and cultural welfare. It shall 
include ancestral lands, forests, pasture, residential, agricultural, and other lands 
individually owned whether alienable and disposable or othelwise, hunting 
grounds, burial grounds, worship areas, bodies of water, mineral and other natural 
resources, and lands which may no longer be exclusively occupied by ICCs/lPs 
but from which they traditionally had access to for their subsistence and traditional 
activities, particularly the home ranges of ICCs/lPs who are still nomadic and/or 
shifting cultivators. 
the ecological complexes in which said organisms occur. 
c. “Biological resources” refers to genetic resources, organisms or parts 
thereof, population, or any other biotic component of ecosystems with actual or 
potential use or value for humanity. 
d. “Bioprospecting” means the research, collection and utilization of 
biological and genetic resources for purposes of applying the knowledge derived 
therefrom solely for commercial purposes. 
e. “Buffer Zone” refers to the identified area outside the boundaries of and 
immediately adjacent to the designated Mt. Balatukan Range Natural Park that 
need special development control in order to avoid or minimize harm to the Mt. 
Balatukan Range Natural Park. 
f. “By-products or derivatives” refers to any part taken or substance 
extracted from wildlife, in raw or in processed form. This includes stuffed animals 
and herbarium specimens. 
wildlife, its by-products or derivatives. 
the purpose of this Act: 
b. “Biodiversity” refers to.variety and variability among living organisms and 
g. “Collection or collecting” refers to the act of gathering or harvesting 
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h. “Conservation” refers to the sustainable utilization of wildlife, and/or 
maintenance, restoration and enhancement of the habitat. 
i. “Ecosystem” refers to the dynamic complex of plant, animal and micro- 
organism communities and their non-living environment interacting as a functional 
unit. 
j. “Endangered species” refers to species or subspecies of flora and fauna 
that is not critically endangered but whose survival in the wild is unlikely if the 
causal factors continue operating. 
k. “Endemic species” refers to species or subspecies of flora and fauna 
which is naturally occurring and found only within specific areas in the country. 
I. “Exotic species” refers to species or subspecies of flora and fauna which 
do not naturally occur within the Mt. Balatukan Range Natural Park at present or 
in historical time. 
m. “Habitat“ refers to a place or type of environment where a species or 
subspecies naturally occur or has naturally established its population. 
n. “Hunting” refers to collection of wild fauna for food and/or recreational 
purposes with the use of weapons such as guns, bow and arrow, spear and the 
like. 
0. “Indigenous Cultural Communities or Indigenous People (ICCIIPs)” 
refers to a group of people or homogenous societies identified by self-ascription 
and ascription by others, who have continuously lived as organized community on 
communally bounded and defined territory, and who have, under claims of 
ownership since time immemorial, occupied, possessed and utilized such 
territories, sharing common bonds of language, customs, traditions and other 
distinctive cultural traits, or who have, through resistance to political, social and 
cultural inroads of colonization, non-indigenous religions and cultures, became 
historically differentiated from the majority of Filipinos. IPS shall likewise include 
peoples who are regarded as indigenous on account of their descent from the 
populations which inhabited the Country, at the time of conquest or colonization, 
or at the time of inroads of non-indigenous religions and cultures, or the 
establishment of present state boundaries, who retain some or all of their own 
social, economic, cultural and political institutions, but who may have been 
displaced from their traditional domains or who may have resettled outside their 
ancestral domains. 
p. “Management plan” refers to the fundamental plan, strategy and/or 
scheme which shall guide all activities relating to the Mt. Balatukan Range Natural 
Park in order to attain the objectives of this Act. 
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q. “Mineral” refers to all naturally occurring inorganic substance in solid, 
gas, liquid, or any intermediate state including energy materials such as coal, 
petroleum, natural gas, radioactive materials, and geothermal energy. 
r. “Multiple-Use Zone” refers to the area where settlement, traditional 
and/or sustainable land use, including agriculture, agro-forestry, extraction 
activities and other income generating or livelihood activities, may be allowed to 
the extent prescribed in the management plan. 
s. “National Integrated Protected Areas System (NIPAS)” refers to the 
classification and administration of all designated protected areas to maintain 
essential ecological processes and life-support systems, to preserve genetic 
diversity, to ensure sustainable use of resources found therein, and to maintain 
their natural conditions to the greatest extent possible; 
t. “National Park” refers to the land of the public domain classified as such 
in the 1987 Constitution which include all areas under the National Integrated 
Protected Areas System (NIPAS) pursuant to R.A. 7586 primarily designated for 
the conservation of native plants and animals, their associated habitats and 
cultural diversity. 
u. “Natural Park refers to a relatively large area not materially altered by 
human activity where extractive resource uses are not allowed and maintained to 
protect outstanding natural and scenic areas of national or international 
significance for scientific, education and recreational use. 
Act of 1992 or Republic Act No. 7586, and its pertinent rules and regulations. 
v. “NIPAS Act“ refers to the National Integrated Protected Areas System 
w. “Non-governmental organization (NGO)” refers to an agency, institution, 
foundation or a group of persons whose purpose is to assist peoples 
organizationslassociations in various ways including, but not limited to, organizing, 
education, training, research andlor resource accessing; 
x. “People’s Organization (PO)” refers to a group of organized migrant 
communities and or interested indigenous peoples which may be an association, 
cooperative, federation, or other legal entity, established to undertake collective 
action to address community concerns and needs, and mutually share the 
benefits of the endeavor; 
y. “Protected Area” refers to the identified portions of land and/or water set 
aside by reason of their unique physical and biological significance, managed to 
enhance biological diversity and protected against destructive human exploitation; 
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z. “Protected Area Management Board (PAMB)” refers to a multi-sectoral 
policy-making body for protected areas created in accordance with RA 7586 or the 
NlPAS Act of 1992; 
aa. “Protected species” refers to any individual species of plants and 
animals that is or shall be declared as protected under Philippine laws, rules and 
regulations issued by the DENR, species listed as protected against trade, hunting 
and harvest under international conventions to which the Philippines is or will 
become a signatory such as, but not limited to, the Convention on International 
Trade of Endangered Species (CITES). These include species, which may be 
restricted for use under regulations issued by the Protected Area Management 
Board (PAMB) or the DENR, and those particularly mentioned in the management 
plan; 
bb. “Quarrying” means the process of extracting, removing and disposing 
cc. “Strict protection zone” refers to a natural area with high biodiversity 
value which shall be closed to all human activity except for scientific studies 
and/or 
ceremonial 
or 
religious 
use 
by 
the 
indigenous 
cultural 
communities/indigenous peoples; may include habitats of threatened species, or 
degraded areas that have been designated for restoration and subsequent 
protection, even if these areas are still in various stages of regeneration. 
dd. “Sustainable use” refers to the use of components of biological diversity 
in a way and rate that does not lead to the long-term decline of biological diversity, 
thereby maintaining its potential to meet the needs and aspirations of present and 
future generations; and 
quarry resources found on or underneath the surface of private or public land. 
ee. “Tenured Migrants” refers to occupants who have actually and 
continuously occupied a portion of the Mt. Balatukan Range Natural Park and is 
solely dependent therein for subsistence. A Mt. Balatukan Range Natural Park 
occupant is understood to be “solely dependent for subsistence” when everything 
indispensable for survival for the household, including food, clothing, shelter and 
health, comes only from the utilization of resources from the Mt. Balatukan Range 
Natural Park. 
SEC. 5. Management of the Mt. Balatukan Range Natural Park. - There 
is hereby created a PAMB which shall have jurisdiction, power and authority over 
the Mt. Balatukan Range Natural Park for all matters that may affect biodiversity 
conservation, protection and sustainable development. It shall be composed of: 
(1) The Regional Executive Director (RED) of DENR Region X as 
chairperson; 


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(2) The Provincial Planning and Development Officer (PPDO) of the Province 
(3) The City Mayor of Gingoog and the Municipal Mayors of Claveria, 
Medina, and Balingasag in the Province of Misamis Oriental, or their duly 
designated representatives; 
(4) One representative from each barangay with territory inside the Mt. 
Balatukan Range Natural Park; 
(5) One representative from each indigenous cultural community residing 
(6) One representative from each department or national government agency 
directly involved in the Mt. Balatukan Range Natural Park or has long term 
projects or permanent facility located therein; 
(7) At least three (3) representatives from accredited NGOs operating within 
(8) At least two (2) representatives from accredited POs operating within the 
of Misamis Oriental; 
within the Mt. Balatukan Range Natural Park; 
the Mt. Balatukan Range Natural Park; and 
Mt. Balatukan Range Natural Park. 
Each member of the PAMB sha!l serve for a term of five (5) years and shall 
be considered to represent his or her sector and deemed to carry the vote of such 
sector in all matters. In the case of members who are government officials, their 
appointment shall be co-terminus with their term of office. 
The members of the PAMB shall be appointed by the Secretary of the DENR 
in conformity with the provisions of the NIPAS Act. As a transitory provision, the 
initial members of the PAMB shall be nominated from the current members of the 
interim PAMBs of the Mt. Balatukan Range Natural Park. Their nominations shall 
be conducted in a joint meeting of the current members of the interim PAMBs duly 
called for the purpose: Provided, That at least one- third (113) of the members 
shall be women. 
In the selection of the representatives of POs and NGOs, preference shall be 
accorded to those organizations that are involved in the conservation, protection 
and development of the Mt. Balatukan Range Natural Park. Representation shall 
be by institution and shall aim to achieve balance in representation by geographic 
location or areas. 
The representatives from the local government units (LGUs) and national 
agencies in the PAMB shall include among their duties to inform their respective 
constituents, office or sector, of PAMB approved or other relevant policies, rules, 
regulations, programs, and projects, and to ensure that the provisions of this Act 
are observed, complied with, and used as reference and framework in their 
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respective plans, policies, programs and projects. Failure to comply with the 
foregoing shall subject such representative to disciplinary action as the PAMB 
may provide. 
The members of the Board shall not receive any salary but shall be entitled 
to reimbursements for actual and necessary expenses incurred, either in their 
attendance in meetings of the Board or in connection with other official business 
authorized by a resolution of the Board, subject to existing rules and regulations. 
SEC. 6. Powers and Functions of the PAMB. - The PAMB of the Mt. 
Balatukan Range Natural Park shall have the following powers and functions in 
addition to those provided under RA 7586 or the NIPAS Act of 1992 and its 
Implementing Rules and Regulations: 
(1) Issue rules and regulations to prohibit acts that may be prejudicial to the 
Mt. Balatukan Range Natural Park and to the declaration of policy set forth under 
the NIPAS; 
(2) Issue rules and regulations for the resolution of conflicts through 
appropriate and effective means: 
(3)Adopt rules and procedures in the conduct of business, including the 
creation of committees to which its powers may be delegated; 
(4) Approve the management plan and oversee the office of the Protected 
Area Superintendent (PASu); 
(5) Establish criteria and set fees for the issuance of permits for activities 
regulated by this Act or the management plan; 
(6) Recommend the deputization of appropriate individuals for the 
enforcement of the laws, rules and regulations governing the conduct or 
management of the Mt. Balatukan Range Natural Park; 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 
and raise funds for the Mt. Balatukan Range Natural Park; 
(8) Manage the allocation of the Mt. Balatukan Range Natural Park Fund, 
and other funds for the Mt. Balatukan Range Natural Park, ensure their proper 
administration and render accounting; and 
(9) Recommend appropriate policy changes to the DENR and other 
government authorities. 
The DENR, through the Regional Executive Director of Region X, shall 
ensure that the PAMB acts within the scope of its powers and functions. In case of 
conflict between administrative orders issued by the DENR pursuant to the NIPAS 
Act and the resolutions issued by the PAMB, such conflict shall be referred by 
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PAMB to the Secretary of the DENR-who shall decide whether fo apply the rule or 
withdraw its application in the Mt. Balatukan Range Natural Park. 
SEC. 7. Protected Area Superintendent (PASu) Office. - There is hereby 
established a PASu Office in charge of the implementation of the projects, 
programs and policies for the management, protection and administration of the 
Mt. Balatukan Range Natural Park. It will be headed by a Protected Area 
Superintendent (PASu) and shall be supported by the existing personnel of the 
DENR. The PASu shall be the chief operating officer of the Mt. Balatukan Range 
Natural Park and shall be accountable to the RED of the DENR-Region X and the 
PAMB. 
The PASu shall have full responsibility for the protection of land, water, 
wildlife and other natural physical and biological resources within Mt. Balatukan 
Range Natural Park. As such, the PASu shall have the following duties and 
responsibilities in addition to those provided under RA 7586 or the NlPAS Act of 
1992 and its implementing rules and regulations: 
decision support tool; 
as herein defined; 
(I) 
Establish, operate and maintain a database management system as 
(2) Prepare the management plan for the Mt. Balatukan Range Natural Park 
(3) Provide a secretariat for the PAMB and supply the PAMB with all the 
information necessary to make appropriate decisions for the implementation of 
this Act; 
(4) Enforce the laws, rules and regulations relevant to the Mt. Balatukan 
Range Natural Park, institute and file legal action independently or in collaboration 
with other government agencies or organizations and assist in the prosecution of 
offenses committed in violation of this Act: 
(5) Monitor all activities within the Mt. Balatukan Range Natural Park to 
ensure its conformity with the management plan; 
(6) Recommend the issuance of permits based on terms, conditions and 
criteria established by the PAMB; 
(7) Ensure the integration of the Mt. Balatukan Range Natural Park 
management policies, regulations, programs and projects at all the concerned 
national and LGU levels; and 
(8) Perform such other functions as the PAMB may assign. 
The PASu shall be supported by a sufficient number of personnel who shall 
be performing day to day management, protection and administration of Mt. 
Balatukan Range Natural Park. Upon the recommendations of the PAMB, the 
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DENR RED shall deputize local community leaders and environment and natural 
resource officers. 
SEC. 8. lndigenous People’s Rights. - Ancestral domain and other 
customary rights and interests of indigenous communities within the Mt. Balatukan 
Range Natural Park shall be accorded due recognition. The preservation of 
ancestral domain and customary rights shall be considered as one of the 
management objectives. The maintenance, management and development of 
ancestral domains which are found to be necessary for protected areas will be 
pursuant to Section 58 of Republic Act No. 8371, otherwise known as the “The 
Indigenous Peoples Rights Act of 1997 (IPRA)”. 
The identification, delineation and recognition of ancestral domain claims 
within the Mt. Balatukan Range Natural Park shall be conducted by the National 
Commission on Indigenous Peoples (NCIP) pursuant to the provisions of the 
IPRA, and its implementing rules and regulations, in coordination with the PAMB. 
SEC. 9. Tenured Migrants and Other Mt, Balatukan Range Natural Park 
Occupants. - Tenured migrants shall be eligible to become stewards of portions 
of lands within allowable zones. The PAMB shall identify, verify and review all 
tenurial instruments, land claims, and issuances of permits for resource use within 
the Mt. Balatukan Range Natural Park and recommend the issuance of the 
appropriate tenurial instrument consistent with the zoning provided in the 
management plan and its successor plans. 
Should areas occupied by tenured migrants be designated as zones in which 
no occupation or other activities are allowed pursuant to the attainment of 
sustainable development, provision for the transfer of said tenured migrants to 
multiple use zones or buffer zones shall be accomplished through just and 
humane means. 
In the event of termination of a tenurial instrument for cause or by voluntary 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in 
order to return it to its natural state prior to the cultivation or other act by the 
tenured migrant. 
Other Mt. Balatukan Range Natural Park occupants who do not qualify as 
tenured migrants shall be resettled outside the Mt. Balatukan Range Natural Park 
as determined by the PAMB. The PAMB shall determine, plan and implement a 
definite schedule for resettling them outside of the Mt. Balatukan Range Natural 
Park following the procedures set forth by existing law. 
SEC. I O .  Existing Facilities Within the Mt Balatukan Range Natural 
Park. -Within sixty (60) days from the effectivity of this Act, existing facilities such 
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as roads, buildings, water systems, transmission lines, communication facilities, 
heavy equipment, and irrigation facilities existing within the boundaries of the Mt. 
Balatukan Range Natural Park shall submit project description to the PAMB 
through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the 
existence of such facility and its future plan and operations will be detrimental to 
the Mt. Balatukan Range Natural Park or whether conditions for its operation shall 
be imposed. If any such conditions are violated, the owner of the facility shall be 
liable to pay a fine of Five thousand pesos (P5,OOO.OO) for every violation. Upon 
reaching a total fine of Five hundred thousand pesos (P500,000.00), the PAMB 
through the PASu and deputizing other government entities, shall cause the 
cessation and demolition of the facility at the cost of its owner. 
Existing facilities allowed to remain within the Mt. Balatukan Range Natural 
Park may be charged a reasonable royalty by the PAMB. All income from such 
royalty shall accrue to the Mt. Balatukan Range Natural Park Fund. 
SEC. 11. Utilization of Resources. - Any exploitation of or utilization of 
nonrenewable resources within the Mt. Balatukan Range Natural Park shall not be 
allowed. Energy projects within the Mt. Balatukan Range Natural Park shall be 
allowed only through an act of Congress except energy from wind, sun, and water 
sources of not more than one (1) megawatt capacity for mini-hydro power. 
Provided, That these renewable energy projects are outside the strict protection 
zone, adopt reduced impact technologies, and undergo the Environmental Impact 
Assessment (EIA) system as provided by law and: Provided, Further, that the 
PAMB has endorsed the project. 
SEC. 12. Special Prosecutor and Retained Counsel. - Within thirty (30) 
days from the effectivity of this Act, the Department of Justice (DOJ) shall appoint 
a special prosecutor to whom all cases of violation of laws, rules and regulations 
in the Mt. Balatukan Range Natural Park shall be assigned. Such Special 
Prosecutor shall coordinate with the PAMB and the PASu in the performance of 
hidher duties and assist in the training of wardens and rangers in arrest and 
criminal procedures. The PAMB may retain the services of a counsel to prosecute 
and/or assist in the prosecution of cases under the direct control and supervision 
of the regular or special prosecutor and to defend the members of the PAMB, the 
PASu and the staff, or any person assisting in the protection, conservation and 
sustainable development of the Mt. Balatukan Range Natural Park, against any 
legal action related to their powers, functions and responsibilities as provided in 
this Act or as delegated or tasked by the PAMB. 
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SEC. 13. Mf. Balatukan Range Natural Park Fund. - There is hereby 
established a trust fund to be known as the Mt. Balatukan Range Natural Park 
Fund for purposes of financing projects of the Natural Park. Seventy-five percent 
(75%) of the income generated from the operation of the Mt. Balatukan Range 
Natural Park and/or management of wild flora and fauna in the Park shall accrue 
to the Fund. The remaining twenty-five percent (25%) shall be deposited to the 
Integrated Protected Areas Fund (IPAF) as established in the NIPAS Act of 1992. 
Income shall be derived from visitor/tourist fees, fees from permitted sale and 
export of flora and fauna and other resources from the Mt. Balatukan Range 
Natural Park, proceeds from registration and lease of multiple-use areas, including 
tourism concessions, fees, proceeds and contributions from industries and 
facilities directly benefiting from the Mt. Balatukan Range Natural Park; and such 
other fees and income derived from the operation of the Mt. Balatukan Range 
Natural Park 
The Mt. Balatukan Range Natural Park Fund may be augmented by grants, 
donations, endowment from various sources, domestic or foreign, for purposes 
related to their functions: Provided, That disbursements therefrom shall be made 
solely for the protection, maintenance, administration and management of the 
system, and duly approved projects endorsed by the PAMB in accordance with 
existing accounting and budgeting rules and regulations: Provided, 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. Provided, That the LGUs shall not impose 
property tax and issue tax declaration for areas or properties located in timberland 
areas or areas previously classified as national parks. 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 Mt. Balatukan Range Natural Park. 
SEC. 14. Prohibited Acts and Penalties. - The following shall be the 
prohibitions and penalties applicable to the Mt. Balatukan Range Natural Park, in 
addition to the prohibited acts as provided in the NIPAS Act and its Implementing 
Rules and Regulations: 
(A)The penalties in Articles 309 and 310 of the Revised Penal Code, 
depending on the value of the resources involved in connection with the prohibited 
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act, shall be imposed upon any person who: 
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(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or 
aquatic plants or animals, flora or fauna, sand, rocks or by-products derived 
therefrom, within particularly identified regulated or prohibited areas zones in the 
Mt. Balatukan Range Natural Park including private lands without the necessary 
permit, authorization or exemption: Provided, That the hunting of animals shall be 
absolutely prohibited except for scientific research and for traditional hunting by 
the IPsllCCs; 
(2) Cuts, gathers, removes or collects timber or any forest products, within 
particularly identified regulated or prohibited areas or zones in the Mt. Balatukan 
Range Natural Park including private lands without the necessary permit, 
authorization or exemption; 
(3) Possesses or transports, within or outside the Mt. Balatukan Range 
Natural Park any timber, forest products, wild terrestrial or aquatic plants, animals, 
or by-product derived therefrom which is ascertained to have been taken from the 
Mt. Balatukan Range Natural Park: 
(4) Undertakes mineral exploration or extraction within the Mt. Balatukan 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material 
(6) Hunts, collects, removes or destroys any endangered or protected 
species, except when collection or removal is for scientific research and exempted 
from the prohibition by the PAMB; 
without the necessary permit; or 
Range Natural Park; 
within the Mt. Balatukan Range Natural Park; 
(7) Conducts bioprospecting within the Mt. Balatukan Range Natural Park 
(8) Establishes or introduces any exotic species, within the Mt. Balatukan 
Range Natural Park, which are detrimental to endemic species and the ecosystem 
therein. 
(B) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than 
Five hundred thousand pesos (P500,OOO.OO) and/or imprisonment from one (1) 
year but not more than six (6) years shall be imposed upon any person who: 
(1)Violates any rules and regulations in the management plan or by the 
PAM6 or agreements reached before the PAMB in the exercise of adjudicative 
functions: 
(2) Erects any structure on land or on water for any purposes outside the 
management plan, duly allowed by the PAMB: Provided, That large-scale private 
infrastructure and other projects such as medium to high density residential 
subdivisions, medium to large commercial and industrial establishments, golf- 
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courses, heavily mechanized commercial and non-traditional farming, and other 
activities that cause increased in-migration and resource degradation are 
absolutely prohibited: 
(3) Possesses a chainsaw, hacksaw and other mechanized equipment within 
the Mt. Balatukan Range Natural Park without a permit; 
(4)Throws, dumps or causes to be dumped into the Mt. Balatukan Range 
Natural Park any non-biodegradable material or waste whether liquid, solid or gas; 
(5) Uses, dumps, places or causes to be placed into the Mt. Balatukan 
Range Natural Park toxic chemicals, including pesticides and other hazardous 
substances, unless the same is expressly allowed in the management plan; 
(6) Prospects, hunts or otherwise locates hidden treasures within the Mt. 
Balatukan Range Natural Park; 
Natural Park without clearance from the PAMB; 
(7) Informally occupies or dwells in any land within the Mt. Balatukan Range 
(8) Possesses or uses blasting caps or explosives anywhere within the Mt. 
Balatukan Range Natural Park; 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
natural or scenic value: 
(IO) Alters, removes or destroys boundary marks or signs; 
(1 1) Engages in kaingin, or, in any manner, causing forest fires inside the Mt. 
Balatukan Range Natural Park; or 
(12) Purchases, or sells, mortgages or leases lands or other portions of the 
Mt. Balatukan Range Natural Park which are covered by any tenurial instrument. 
Valuation of the damage for this Act shall take into account biodiversity and 
conservation considerations as well as aesthetic and scenic value. Valuation 
assessed by the DENR or the concerned government agency shall be presumed 
correct unless otherwise proven by a preponderance of evidence. 
Any person who shall induce another or conspire to commit any of the illegal 
acts prohibited in this Act or suffer their workers to commit any of the same shall 
be liable in the same manner as the one actually performing the act. 
All conveyances, vessels, equipments, paraphernalia, implements, gears, 
tools and similar devices shall be subject to immediate and administrative 
confiscation, independent of the judicial proceedings by the PASu Office upon 
apprehension, subject however to due process and substantial evidence 
requirements. When legal action is however filed in the regular courts, the said 
conveyances, vessels, equipments, paraphernalia, implements, gears, tools and 
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similar devices, independent of the administrative proceedings, shall not be 
released until after judgment has been rendered. Proceeds of the sale of all 
objects administratively or judicially confiscated pursuant hereto shall accrue to 
the Mt. Balatukan Range Natural Park Landscape Fund. Procedure for the sale 
thereof shall be promulgated by the PAMB. However, in no case shall any 
confiscated or rescued protected animal species be sold or in any manner 
disposed of but shall be immediately turned over to the PASu Office for release in 
its natural habitat, subject to existing regulations. 
The penalties specified in this Section will be in addition to the penalties 
contained in RA 9072 (National Caves and Cave Resources Management and 
Protection Act), RA 9147 (Wildlife Resources Conservation and Protection Act), 
and other related laws. 
Conviction for any offense under this Act, of a public officer or officer of the 
law shall carry the accessory penalty of perpetual disqualification from public 
office. 
SEC. 15. Reporting Responsibility. -The PASu, through the PAMB, shall 
submit an annual accomplishment report to the Secretary of the DENR on the 
activities undertaken in the Mt. Balatukan Range Natural Park. 
SEC. 16. Appropriations. -The Secretary shall immediately include in the 
DENR’s program the implementation of this Act, the funding of which shall be 
included in the annual General Appropriations Act. 
SEC. 17. Construction and Suppletory Application of Existing Laws. - 
The provisions of this Act shall be construed liberally in favor of achieving 
biodiversity conservation, protection and sustainable development. Provisions of 
Republic Act No. 7586, othetwise known as the National Integrated Protected 
Areas System Act of 1992 and existing forestry laws, and their corresponding 
rules and regulations not inconsistent hereto shall have the suppletory effect in the 
implementation of this Act. 
SEC. 18. Transitory Provision. - In order to ensure the recovery and 
restoration of biological diversity and to develop sustainable livelihood 
opportunities for tenured migrants, the DENR shall henceforth cease to issue 
concessions, licenses, permits, clearances, compliance documents or any other 
instrument that allows exploitation and utilization of resources within the Mt. 
Balatukan Range Natural Park until the management plan shall have been put into 
effect. 
All existing land use and resource use permits within the Mt. Balatukan 
Range Natural Park shall be reviewed and shall not be renewed upon their 
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expiration unless consistent with the management plan, as provided herein, and 
upon approval by the PAMB. 
SEC. 19. Repealing Clause. -All laws, decrees, proclamations,rules 
and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 20. Separability Clause. - If, for any reason, any part or section of 
this Act is declared unconstitutional or invalid, such other parts not affected 
thereby shall remain in full force and effect. 
SEC. 21. Effectivlfy Clause. - This Act shall take effect fifteen (15) days 
after its complete publication in the Official Gazefte or in a national newspaper of 
general circulation available in the Mt. Balatukan Range Natural Park. 
Approved. 
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