-------------------
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1643 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II, Section 16 of the Philippine Constitution states that "the State 
shall protect and advance the right of the people to a balanced and healthful 
ecology in accord with the rhythm and harmony of nature. " 
This bill seeks to provide for the management, protection, sustainable 
development and rehabilitation of the Mt. Balatukan Range. This shall be 
established within the framework of the National Integrated Protected Area 
System, (NIPAS) Act, or Republic Act No. 7586, while considering the welfare 
and recognizing the rights of all the communities living therein especially the 
indigenous people. 
The Mt. Balatukan Range covers an area in the City of Gingoog and 
Municipalities of Claveria, Medina, and Balingasag, all in the province of Misamis 
Oriental with an aggregate area of 30,965 hectares. Mt. Balatukan Range is 
home to a diverse species of flora and fauna including the Philippine Eagle, 
Mindanao lorikeet (a type of bird endemic to Mindanao), tarSier, giant fruit bat, 
monitor lizard, and flying lemur. It is home to six species of bats, four of which 
are endemic. The Mindanao endemic Ptenochirus minor and the insect-eating 
r~"P1l1istrelius Javanicus can be also found in the area. 
At 750 meters to 1,350 meters above sea level, lowland residual 
dipterocarp forest dominates the landscape, that is at this level, there is an 
abundance of very tall dipterocarp trees such as Lauan, Nato, Tanguile and 
Makaasim; while at about 1,350 meters, moss is noticeable on the main trunks 
and branches of trees; at 1,700 meters, giant ferns are abundant at this 
elevation; while at about 1,800 meters the trees become stunted and twisted. 
Due to its biodiversity and ecological significance, the Mt. Balatukan range 
was classified as Mt. Balatukan Range Natural Park and declared a protected 
\ area on 6 March 2007 through Presidential Proclamation No. 1249. 
In view of the foregoing, passage of this bill is earnestly sought. 
Senator 


. 
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.. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 16 4. 3 
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SEP 11 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DeCLARING THE MT. BALATUKAN RANGE LOCATED IN THE CITY OF 
GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, MEDINA AND 
BALINGASAG, ALL IN THE PROVINCE OF MISAMIS ORIENTAL, AS A 
PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, 
PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 
Be it 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 2013". 
SEC. 2. Declaration of Policy. - Cognizant of the profound impact of 
man's activities on all components of the natural environment particularly the 
effect of increasing population, resource exploitation and industrial advancement, 
and 
recognizing' the critical importance of protecting and maintaining Mt 
Balatukan Range's 
unique biological resources, its ecological and aesthetic 
importance to sustain human life and development, as well as plant and animal 
life, it is hereby declared the policy of the State to ensure its protection and 
conservation, and preserve and promote the culture and way of life of the 
communities therein in accord with the rhythm and harmony of nature, As such, 
the State shall ensure biological diversity, promote sustainable and participatory 
development, and honor and protect the interests of its legitimate inhabitants and 
their customary laws, 
SEC. 3. Category. - Given the physical and natural features, and 
sociocultural and economic importance that contribute to its valuable role as life 
support system for the people living within it, the Mt. Balatukan Range is hereby 
declared as a protected area under the category of natural park to be known as 
the Mt Balatukan Range Natural Park, and the areas within its peripheral areas 
as its buffer zone, Such protected area and buffer zone shall become part of the 
National Integrated Protected Areas System (NIPAS), subject to such rights as 
are provided for in this Act. 
SEC. 4, Scope and Coverage. - The Mt Balatukan Range Natural Park 
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: 
1 


• • 
Beginning at a corner marked "I" which is located at 124°57'21" 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 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
N 76°48' W 
N 81°36'W 
N 30020'W 
N 62°05' W 
N 34°40' E 
N 23°26' E 
N 89°01' E 
S 84°30' E 
S 85°28' E 
S 70°38' E 
N 87°44' E 
N 18°42' E 
S 15°45'W 
S 03°03' E 
S 18°39' E 
S 71°27' E 
N 69°30' E 
N 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 
S40040'W 
N 65°10'W 
N 49°50' W 
N 76°00'W 
N 58°12'W 
N 76°25'W 
N 10°20' E 
1,683.50 m 
to corner 2 
1,620.90 m 
to corner 3 
2,253.40 m 
to corner 4 
1,667.00 m 
to corner 5 
2,012.90 m 
to corner 6 
1,253.60 m 
to corner 7 
2,227.20 m 
to corner 8 
933.50 m 
to corner 9 
1 ,791.40 m 
to corner 10 
1,889.60 m 
to corner 11 
647.80 m 
to corner 12 
356.00 m 
to corner 13 
397.20 m 
to corner 14 
1,274.50 m 
to corner 15 
1,790.40 m 
to corner 16 
1,348.60 m 
to corner 17 
696.20 m 
to corner 18 
748.20 m 
to corner 19 
647.80 m 
to corner 20 
662.50 m 
to corner 21 
2,238.10 m 
to corner 22 
2,335.30 m 
to corner 23 
931.80 m 
to corner 24 
407.80 m 
to corner 25 
1,266.90 m 
to corner 26 
2,381.90 m 
to corner 27 
1,070.00 m 
to corner 28 
1,800.00 m 
to corner 29 
1,450.00 m 
to corner 30 
2,847.17 m 
to corner 31 
1,234.54 m 
to corner 32 
1,920. 00 to corner 1, the point of 
beginning, containing an area of eight thousand four hundred twenty-four (8,424) 
(8,424) hectares, more or less, subject to actual ground survey. 
The buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
"I" 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 m.: 
Thence 
N 82°16'W 
3,266.700 m 
to corner 2 
Thence 
N 31°13'W 
2,428.20 m 
to corner 3 
Thence 
N60004'W 
1,820.10 m 
to corner 4 
Thence 
N 33°28' E 
2,178.00m 
to cornerS 
Thence 
N 26°45' E 
1,428.50 
to corner 6 
Thence 
N 86°.02' E 
1,725.70 m 
to corner 7 
Thence 
N69°53'W 
1,962.40 m 
to corner 8 
Thence 
N 64°44' E 
2,046.20 m 
to corner 9 
Thence 
S 86°49' E 
721.80 m 
to corner 10 
Thence 
S 59°11' E 
1,212.20 m 
to corner 11 
Thence 
Due east 
720.70 m 
to corner 12 
Thence 
N 31°51' E 
872.60 m 
to corner 13 
2 


· . 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
N 07°35'W 
S27°42'W 
S 03°01' W 
S 18°02' E 
S 78°25' E 
N 31°49' E 
N 77°57' E 
S 82°30' E 
S 04°45'W 
S 34°37' E 
S 31°14' E 
S 31°20' E 
S 56°48' W 
S 15°17'W 
S 71°25'W 
N 31°28' E 
N 34°50'W 
N 24°55' E 
N 71°14' W 
N 61°'59W 
N 50032'W 
N 71°06'W 
N 52°44'W 
N 73°02'W 
N 19°31' E 
303.20 m 
to corner 14 
429.90 m 
to corner 15 
1,143.60 m 
to corner 16 
1,609.20 m 
to corner 17 
899.10 m 
to corner 18 
318.70 m 
to corner 19 
1,248.60 m 
to corner 20 
1,114.20 m 
to corner 21 
965.00 m 
to corner 22 
2,361.40 m 
to corner 23 
1,157.00 m 
to corner 24 
1,483.50 m 
to corner 25 
692.70 m 
to corner 26 
341.40 m 
to corner 27 
1,139.60 m 
to corner 28 
420.00 m 
to corner 29 
84.30 m 
to corner 30 
94.20 m 
to corner 31 
1,440.70 m 
to corner 32 
1,840.70 m 
to corner 33 
1,713.10 m 
to corner 34 
1,313.60 m 
to corner 35 
2,890.06 m 
to corner 36 
1,885.14 m 
to corner 37 
1,420.60 m 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. 
SEC. 5. Definition of Terms. - The following terms are hereby defined 
for the purpose of this Act: 
(a) 
"Ancestral domain" refers to all lands and natural resources 
occupied or possessed by indigenous cultural communities, by 
themselves or through their ancestors, communally or individually, 
in accordance with their customs and traditions since time 
immemorial, continuously to the present except when interrupted by 
war, force majeure, or displacement by force, deceit or stealth. It 
includes all adjacent areas generally belonging to them and which 
are necessary to ensure their economic, social and cultural welfare. 
(b) 
"Indigenous Cultural Communities (ICC)" refers to a group of 
people sharing common bonds of language, customs and tradition 
and other distinct cultural traits as further defined under Republic 
Act No. 8371 or the Indigenous People's Rights Act (IPRA) of 1997. 
(c) 
"National Integrated Protected Areas System (N/PAS)" refers to 
the classification and inclusion of all designated protected areas 
into the system, pursuant to Republic Act No. 7586 or the National 
Integrated Protected Areas System (NIPAS) Act of 1992 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. 
3 


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(d) 
"Non-renewable Resources"'shall refer to those resources found 
within the protected area, the natural replenishment rate of which is 
either not known or takes more than twenty-five (25) years, 
(e) 
"Buffer Zone" refers to specific areas outside the boundaries of 
and immediately adjacent to designated areas that need special 
development control in order to avoid or minimize harm to the 
protected area. 
(f) 
""Protected Area" 
refers to the identified portions of land and 
water, set aside by reasons of their unique physical and biological 
significance, managed to enhance biological diversity and protected 
against destructive human exploitation. 
(g) 
"Natural Park" refers to relatively large area not materially altered 
by human activity where extractive resource uses are not allowed, 
and maintained to protect outstanding natural and scenic uses of 
national or intemational significance for scientific, educational and 
recreational use. 
(h) 
"Tenured Migrants" refers to occupants within the protected area 
who have actually and continuously occupied such area for five 
years before the designation of the same as protected area and are 
solely dependent therein for subsistence. 
(i) 
"Biodiversity" refers to the variety of life in all its forms found on 
earth. 
(j) 
"Protected Area Management Board (PAMS)" refers to a 
multisectoral body tasked to adopt policies, promulgate rules and 
regulations, and undertake planning activities for the appropriate 
management strategy to ensure resource protection and the 
general administration of the protected area. 
(k) 
"Private Rights" refers to the right of individual persons to own, 
under existing laws, and in the case of indigenous cultural 
communities, rights of possession since time immemorial, Which 
possession may include places of abode and worship, burial 
grounds and well-defined territories. 
(I) 
"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 Department of 
Environment and Natural Resources (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 PAMB or the 
DENR, and those particularly mentioned in the management plan. 
(m) 
"Non-government organization (NGO)" refers to any CIVIC, 
developmental or philanthropic organization which is multisectoral 
in character. 
4 


· . 
(n) 
"People's Organization (PO)" refers to any grouping of people 
formed to advance the interests of the sector being represented: 
Provided, That such sector is marginalized, poor or disempowered. 
(0) 
"Public consultation" refers to a meeting or dialogue between or 
among concerned or affected individuals within and outside the 
protected area designed to identify and resolve issues and 
problems affecting them. 
(p) 
"Secretary" refers to the Secretary of the DENR. 
SEC. 4. 
Institutional Mechanisms. - The following administrative and 
policy-making mechanisms shall apply: 
(a) 
There shall be a PAMB which shall be the policy-making body of 
the protected area. It shall be composed of: 
(1) 
The Regional Executive Director (RED) of the DENR-Region 
X, who shall act as chairman; 
(2) 
The provincial governor of Misamis Oriental as co-chairman; 
(3) 
The respective mayors of the municipalities and city with 
territory inside the protected area or their authorized 
representatives, as members; 
(4) 
One representative from each barangay with territory inside 
the protected area or their authorized representatives, to be 
appointed by the concerned barangay legislative councils, as 
members; 
(5) 
One representative from each indigenous cultural community 
within the proteCted area chosen using customary practices, 
as members; 
(6) 
At least three representatives from local NGOs operating 
within the protected areas, chosen 
from among 
the 
representatives of the organizations in an 
election duly 
called for the purpose, as members; 
(7) 
A representative from each municipality and from the City of 
Gingoog, representing people's organizations, chosen from 
among themselves in an election duly called for the purpose, 
as members; 
(3) 
Representatives from other national government agencies 
with projects within the protected area, to be appointed by 
the DENR Secretary upon the recommendation of the 
concerned head of office, as members; and 
(3) 
The provincial planning and development officer and the 
provincial Department of the Interior and Local Government 
(DILG) officer, 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 such sector in all matters. 
5 


In the case of government officials, the tenure of their membership in the 
PAMB shall be attached to the office held. 
(b) 
The PAMB, by majority vote, shall approve or take necessary 
actions on: 
(1) 
Matters relating to planning, resource protection and general 
administration 
of the area through 
the adoption of 
management plan; 
(4) 
Proposals, work plans, action plans and guidelines including 
agreements 
and 
other 
related documents for 
the 
management of the protected area in accordance with the 
approved management plan; 
(2) 
Delineation and demarcation of boundaries of the protected 
area, management zones, buffer zones and 
ancestral 
domains, and 
recognition of rights and 
privileges 
of 
indigenous communities under the provisions of this Act and 
the IPRA; 
(3) 
Rules and regulations to promote development of programs 
and projects on biodiversity conservation and sustainable 
development consistent with the management plan; 
(4) 
Implementation 
of programs 
management plan; 
as prescribed in the 
(6) 
Control and regulation on the construction, operation and 
maintenance of 
roads, trails, waterworks, sewerage, fire 
protection and sanitation 
system and other public utilities 
within the protected area; 
(7) 
Monitoring and. evaluating the performance of protected 
area personnel and compliance of partners to the terms and 
conditions of any undertaking, contract or agreement; 
(8) 
Setting the criteria and fees for the issuance of permits for 
activities regulated by this Act or the management plan; 
(9) 
Donations, proposals for funding, budget allocations and 
accountability over all funds that may accrue to the Mt. 
Balatukan Range Natural Park; 
(10) 
Retaining legal counsel, either in a permanent or temporary 
basis, to defend cases against the PAMB and personnel of 
the office of the Protected Area 
Superintendent (PASu) 
whenever they are sued in connection with the performance 
of their duties under this Act; and 
(11) . Identifying 
tenured migrants and 
recommending 
the 
issuance of corresponding appropriate tenurial instruments. 
The DENR, through the RED of the DENR-Region X or any duly 
authorized official, shall exercise authority to oversee the PAMB to ensure that it 
is acting within the scope of its powers and functions. In case of conflict between 
6 


administrative orders of national application issued by the DENR pursuant to the 
NIPAS Act and the rules and regulations issued by the PAMB, the RED shall 
notify the Secretary who shall decide whether to apply the rule or withdraw its 
application in the Mt. Balatulcan Range Natural Park. 
SEC. 5. 
The Protected Area Superintendent (PASu) Office. - There is 
hereby established a protected area superintendent's office in charge of the 
management, protection and administration of the Mt. Balatukan Range Natural 
Park. The PASu shall be supported by the existing personnel of the DENR. The 
head of office shall be the chief operating officer of the Mt. Balatukan Range or 
the protected area and shall be accountable to the RED of the DENR-Region X 
and the PAMB. The PASu shall have the following powers and functions: 
(a) 
b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
Enforce rules and regulations to protect the area and its resources 
from trespassers, damage, vandalism and illegal occupancy; 
Seize and assume custody of apprehended items after issuance of 
appropriate 
seizure receipts 
in 
accordance 
with 
DENR 
Administrative Order No. 97-32; 
Upon prior clearance and approval of the PAMB, recommend to 
the Concerned Community Environment and Natural Resources 
Office (CENRO) the disposal of confiscated cultural and natural 
resources such as 
artifacts, forests products, wild flora 
and 
fauna, marine fishery and mineral resources; except 
those 
resources held under custodia legis, those that are the subject of 
donation, those 
that must be deposited with appropriate 
government agency, and 
resources that will be utilized for the 
infrastructure needs of the DENR; 
Issue special-use permit for game fishing, camping and other short 
term and low-impact recreational activities to be undertaken for not 
more than one week; 
Recommend to the PAMB the zoning classification of certain areas 
in accordance with the approved management manual; 
Recommend to the RED of the DENR-Region X the issuance of 
cutting permits for planted trees in multiple-use and buffer zones 
for a volume up to five cubic meters per applicant per year, for 
traditional and subsistence use only: Provided, That the issuance 
of said permits is in accordance with the management plan, duly 
endorsed by the PAMB, and shall not adversely affect the 
ecological balance of the area; 
Recommend to the RED of the DENR-Region X, with the 
endorsement of the PAMB after determining the ecological 
implications, the issuance of cutting permits only for planted trees 
in established buffer zones for volume of five cubic meters but not 
to exceed twenty (20) cubic meters per applicant per year for 
commercial purposes; 
Recommend the issuance of certificate of origin, discharge and 
transport permits, and other relevant permits for natural resources 
and other products collected/gathered from the protected area in 
accordance with the approved research agreements, gratuitous 
7 


permits and memorandum of agreements approved by the PAME 
and the DENR, where applicable; 
(i) 
Recommend the issuance or renewal of special-use permits on 
public infrastructure projects in designated multiple-use zones and 
established buffer zones where no timber cutting is involved, 
subject to the approved management plan of the area: Provided, 
That the issuance of a special permit is subject to the submission 
by the applicant of the required Environmental Compliance 
certificate (ECG) for the project: Provided, further, That special-use 
permit shall be renewed only upon determination by the appropriate 
DENR office that no condition of the previous ECC for the project 
has been violated; 
0) 
Assist the appropriate DENR office in the review of the 
Environmental Impact Statement (EIS) for proposed projects to be 
implemented; 
(k) 
Establish a productive partnership with the local community 
particularly with the groups concerned in the planning, protection 
and 19 management of the protected area; 
(I) 
Integrate the roles of the NGOs, other government agencies and 
the DENR in the operation of the protected area; 
(m) 
Coordinate the implementation of all relevant activities related to 
tenured migrants and the ancestral domains claims, subject to the 
IPRA and related issuances; 
(n) 
Take the lead in the implementation of the management plan of the 
protected area specifically in the implementation, monitoring and 
evaluation of research studies, survey and inventory, information, 
education 
and 
communication, 
eco-tourism, 
restoration, 
rehabilitation and alternative livelihood activities within the 
appropriate management zones and other projects of the protected 
area and its buffer zone; 
(0) 
Take the lead in the implementation of various activities related 
to the management of the protected area; 
(p) 
Evaluate 
the 
performance of staff based on the prescribed 
evaluation system; 
(q) 
Recommend the designation of staff to perform functions other than 
those inherent to their position; 
(r) 
Approve the application for leave of absence of the staff of 
the office of the PASu with or without commutation; 
(s) 
Approve local travel of the staff of the office of the PASu outside the 
protected area and/or established buffer zone not exceeding thirty 
(30) days; 
(t) 
Serve as head of the secretariat to the PAMS; 
(u) 
Submit reportorial requirements regularly to the concerned 
Provincial Environment and Natural Resources Office (PENRO) 
8 


and to the PAMB, and observe and comply with the proper flow of 
PAO documents; 
(v) 
Collect and/or receive pertinent fees, charges, donations and other 
income: Provided, That such fees, charges, donations and other 
income collected shall be reported quarterly to the PAMB: 
Provided, further, That a book of accounts shall be maintained, 
which shall be certified by the accountant of the DENR-Region X or 
the nearest PENRO in accordance with DENR Administrative Order 
No. 96-22; 
(w) 
Recommend the approval of payrolls, contracts, disbursement 
vouchers, request and issuance vouchers, purchase orders and 
other expenses; 
(x) 
Prepare and recommend, for approval of the PAMB, the annual 
work and financial plans of the protected area; and 
(y) 
Such other functions which may be assigned by the PAMB. 
The PASu shall be directly responsible to the PAMB and the RED of the 
DENR Region X. 
SEC. 6. 
Ancestral Lands and Domains. - For the purpose of this Act, 
the following shall govern over ancestral lands and domains in the protected 
area: 
(a) 
The rights of indigenous peoples to their ancestral domains are 
hereby fully recognized. Traditional property regimes exercised by 
indigenous cultural communities in accordance with their customary 
laws shall govern the relationship of all individuals within their 
communities with respect to all land and resources found within 
ancestral lands. 
(b) 
The following presumptions shall govern unless proven to be 
contrary to documented or oral custom by clear and convincing 
evidence in the proper administrative or judicial proceeding 
providing due hearing to al parties concerned: 
(1) 
All lands occupied by indigenous cultural communities since 
time immemorial shall be presumed to be ancestral lands. 
Rights and obligations within ancestral lands are presumed 
to be governed by customary laws; 
(2) 
Rights and obligations within ancestral lands governed by 
customary laws are presumed to be held collectively by the 
community; 
(3) 
Rights and obligations within ancestral lands proven to be 
held by individuals under customary law are presumed to be 
held in trust by such individuals for the whole community; 
and 
(4) 
The continued practice of traditional and sustainable living 
shall be sufficient consideration for the State in place of the 
payment of taxes on 
ancestral domains. 
Owing to 
9 


differences in cultural and social worldview, the provisions of 
this Act shall be liberally construed in favor of indigenous 
cultural communities and their members. 
SEC. 7. Tenured Migrants and Transient Farmers. - Tenured migrants 
are members of households that have actually and continuously occupied the 
Mt.Balatukan Range Natural Park since June 1,1987, basing the data from the 
1999 Survey and Registration of the Protected Area Occupants (SRPAO) and 
are substantially dependent on the protected area for their livelihood. For 
purposes of official documentation of rights and extent of occupation within the 
protected area, a tenured migrant household shall be issued a tenure instrument 
over such areas as have been occupied or cultivated since ,Iune 1, 1987 or 
earlier. Tenured migrants may occupy and use the area specified in the 
instrument of a term of twenty-five (25) years renewable for another twenty-five 
(25) years. The holder of the instrument, upon the lapse of this period, may 
negotiate for a new instrument and his occupancy shall be evaluated by the 
PAMB for purposes of such renewal. If despite consideration paid to current 
practices, areas occupied by tenured migrants are designated as zones in which 
no occupation or other activities are allowed, a provision for their transfer to 
multiple-use zones or buffer zones shall be accomplished using humanitarian 
considerations. Persons who have been cultivating within the protected area 
since June 1, 1987 are considered to be occupying such lands and shall be 
entitled to a tenure instrument restricted to cultivation: Provided, that the rights 
under 
such can only be transferred to direct descendants. Tenured migrant 
instruments may be cancelled for violation of the terms and conditions specified 
therein, upon the holder's repeated refusal to comply with the management plan 
or the regulations set by the PAMB, 'or upon voluntary surrender of rights. Upon 
cancellation of a tenured migrant instrument, the PASu shall take immediate 
steps to rehabilitate the area to return to its natural state prior to the cultivation or 
other act by the transient or tenured migrant. Tenured migrant instruments are 
transferable only to the nearest of kin: Provided, That if the land is left idle for a 
minimum of five years, the PAMB shall initiate cancellation proceedings of the 
tenured migrant instrument. 
SEC. B. Prohibited Acts. - The following shall be the prohibitions and, 
penalties applicable to the Mt. Balatukan Range Natural Park: 
(a) 
The penalties in Article 309 and Article 310 of the Revised -Penal 
Code and/or Section 21 of Republic Act No. 7586, depending on 
the value of the resources taken, damaged or destroyed, shall be 
imposed upon any person found guilty by competent court of: 
(1) 
Hunting, destroying, trapping, disturbing or possessing of 
any wild plants or animals or products derived there from 
Anywhere within the Mt. Balatukan Range Natural Park 
without a permit from the PAMB: Provided, That permit for 
these activities shall only be given for scientific purposes 
necessary for protected area management; 
(2) 
Cutting, gathering, collecting or removing timber or forest 
products without permits: Provided, that sLich permits shall 
only be given for scientific purposes necessary for protected 
area management; 
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(3) 
Entry to the protected area or possessing outside the 
protected area any wild plants or animals or products 
derived therefrom, which came from the protected area 
without a permit issued by the PAMS; 
(4) 
Mineral exploration of extraction, drilling or prospecting the 
minerals within the Mt. Salatukan Range Natural! Park; and 
(5) 
Constructing or maintaining any kind of road, structure,fence 
or enclosure without a permit from the PAMS: Provided, 
that structures within 
ancestral domains used by 
the 
indigenous cultural communities need not be covered by a 
permit from the PAMS. Valuation from the damage shall take 
Into account biodiversity and conservation consideration 
as 
well as aesthetic and scenic value. The commission of 
these acts likewise shall carry the 
penalty of eviction from 
the protected area and the forfeiture of all transportation, 
structures and 
building materials, equipment, devices and 
weapons 
used for the commission of the offense as well as 
the protected area resources caught in the possession of the 
accused. The local government unit responsible for the 
imposition 
of 
the 
penalties herein and the arrest and 
confiscation of the materials shall have a fifty percent (50%) 
share in the proceeds from the disposition thereof while the 
rest shall accrue to the PAMS. 
SEC. 9. Validity of Contracts over Lands within the Mt. Balatukan 
Range Natural Park. - The purchase, sale, encumbrance, mortgage, usufruct or 
lease of lands within the protected area to persons outside the protected area not 
otherwise qualified to hold lands therein shall be null and void ab initio. 
SEC. 10. Special Prosecutors. - Within thirty (30) days from the 
effectivity 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 shall be assigned. Such special prosecutor shall coordinate with 
the PAMS and the PASu in the performance of his/her duties and assist in the 
training of wardens and rangers in arrest and criminal procedure. The PAMS may 
appoint a special private prosecutor on a case-to-case basis to assist the public 
prosecutor in the enforcement of protected area laws. 
SEC. 11. Local Government Units (LGUs). - The LGUs shall participate 
in the management of the Mt. Balatukan Range Natural Park through 
representation in the PAMS as provided under Section 6(a). The LGUs shall 
retain their ordinance making powers over their respective territories covered 
under this Act but with due consideration to protected area management 
objectives. If a conflict between the LGU and the protected area management 
objectives remain unresolved within the PAMB, it shall be resolved through 
meditation. 
SEC. 12. The Aft. Balatukan Pro/ected Area Fund (MBPAF). - There is 
hereby established a trust fund to be known as the Mt. Balatukan Protected Area 
\ Fund for purposes of financing projects of the system. All income generated from 
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the operation of the system or management of wild flora and fauna in the 
\ protected area shall accrue to the fund. These income shall be derived from 
visitors/tourists fee, fees from permitted sale and export of flora and fauna and 
other resources from the protected area, proceeds from the 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 fund may be augmented by grants, donations, endowment from 
various sources, domestic or foreign, for purposes related .to their functions: 
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 the 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 LGU facilities. Furthermore, the 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 protected area. 
SEC. 13. Utilization of Nonrenewable Resources. - Any exploration for, 
exploitation or utilization of nonrenewable resources within the protected area 
shall not be allowed. Energy projects, whether renewable or otherwise, shall be 
permitted only through an act of Congress .. 
SEC. 14. 
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. 15. Construction. - The provisions of this Act shall be construed 
liberally in favor of tenured migrants and indigenous cultural communities, and 
with due consideration to the protection of biodiversity. The NIPAS Act shall have 
supplementary effect in the implementation of this Act. 
SEC. 16. 
Transitory Provision. - All persons who do not qualify as 
tenured migrants or transient farmers within the protected area shall be allowed 
to harvest fruits or crops planted before the effectivity of this Act. Thereafter, all 
crops planted by such unqualified persons shall be confiscated and the 
proceeds thereof shall accrue to the protected area fund. 
SEC. 17. Separability Clause. - If any part or section of this Act is 
declared by the courts as unconstitutional, such declaration shall not affect the 
other parts or sections hereof. 
SEC. 18. Repealing Clause. - The prohibitions and penalties under the 
NIPAS Act, which are not inconsistent herewith, shall continue to apply. For the 
purpose of the Mt. Balatukan Range Natural Park, all laws, rules and regulations 
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inconsistent herewith are modified accordingly. 
SEC. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its complete publication in the Official Gazette or in a national newspaper of 
general circulation available in the protected area. This Act shall be translated in 
a dialect known in the protected area by the DENR within thirty (30) days from 
approval hereof and shall be posted for three (3) consecutive weeks in the 
provincial, municipal, and barangay halls within the protected area as well as in 
three (3) other public places frequented by the public. 
Approved, 
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