Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
3" Regular Session
HOUSE BILL No._ 10940

Introduced by Rep. Ricardo T. Kho and Rep. Olga “Ara” T. Kho

Explanatory Note

The natural beauty of the province of Masbate is evident in its world-class tourist
destinations. One of the hidden gems of this island province is the Matang-Tubig Cold Spring
located in the Municipality of Monreal, First District of Masbate. In 1994, by virtue of
Proclamation No. 368, the Matang-Tubig Watershed and Forest Reserve (MTWER) was
established for the purpose of its protection, maintenance, and improvement.

Until this day, the MTWER remains useful to the people of Monreal and its neighboring
towns not only for forestry purposes and as a source of water irrigation, but more so as a
destination for local and international tourists, thereby generating jobs for the townspeople and
income to local businesses. However, there is a trade-off to the benefits that the MTWFR brings
to its locality. Along with increased human activities in the area is the challenge of preventing
environmental damage to maintain its pristine state.

Article Il, 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 therefore seeks to declare the MTWFR as a natural biotic area under the
umbrella of Republic Act 7586, otherwise known as the “National Integrated Protected Areas
System (NIPAS) Act of 1992”, as amended by Republic act No. 11038, or the “National
Integrated Protected Areas System (E-NIPAS) of 2018”, to ensure that there is sustainability in
the conservation, protection, management, and rehabilitation of the area.

The bill also seeks to establish a framework for the management and sustainable use of
the area’s natural resources, including its flora and fauna. It likewise recognizes the importance
of the natural biotic resources in providing ecological balance in the area, as well as the social
and economic importance of these resources.

To achieve its objectives, the bill proposes the establishment within ninety (90) days from
the effectivity of the Act, a Protected Area Management Board (PAMB) to oversee the
management of the area, which will now be known as the Matang-Tubig Natural Biotic Area


(MTNBA), and be responsible of formulating policies and guidelines for the conservation and
sustainable use of its natural resources. In addition, a trust fund for the purposes of financing the
projects and sustaining the operation of the area will be established.

This bill is aligned with the 2030 Agenda for Sustainable Development, particularly SDG
13 — Climate Action, SDG 14 — Life Below Water, and SDG 15 ~ Life on Land, and is a result of
extensive and multisectoral consultation with various attached agencies of the Department of
Environment and Natural Resources (DENR) in the Province of Masbate.

The proponents believe that protecting the environment is an_ intergenerational
responsibility, thus, the immediate passage of the proposed bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
3™ Regular Session
HOUSE BILL NO.19940

Tatroduced by Rep. Ricardo T. Kho and Rep. Olga “Ara” T. Kho

AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE
MUNICIPALITIES OF MONREAL AND SAN JACINTO, IN THE PROVINCE OF
MASBATE, A PROTECTED AREA WITH THE CATEGORY OF NATURAL
BIOTIC AREA UNDER THE EXPANDED NATIONAL INTEGRATED
PROTECTED AREAS SYSTEM (E-NIPAS) TO BE REFERRED TO AS THE
MATANG-TUBIG NATURAL BIOTIC AREA, PROVIDING FOR ITS
MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title — This Act shall be known as the “Matang-Tubig Natural Biotic
Area Act.”

SEC. 2. Declaration of Policy — Cognizant of the profound impact of human activities on all
components of the natural environment, it is hereby declared the policy of the state to secure
for the Filipino people of present and future generations, the perpetual existence of all native
plants and animals through the declaration of protected areas under the National Integrated
Protected Areas System (NIPAS) within the classification of national park as provided for in
the Constitution.

In recognition of the richness of the biological resources, both flora and fauna, that are native
and distinct to the Matang-Tubig Watershed Forest Reserve, as well as their aesthetic and
ecological importance, a parcel of land located in the Municipalities of Monreal and San
Jacinto, in the Province of Masbate, is hereby declared protected area with the category of
Natural Biotic Area and shall hereinafter be referred to as Matang-Tubig Natural Biotic Area
(MTNBA). As such, the State shall ensure the conservation, protection, management and
rehabilitation of the area. It is likewise recognized that effective administration of this area is
possible only through cooperation among national government, local government units
(LGUs), concerned non-governmental organizations (NGOs), private entities and local



communities. The use and enjoyment of this area must be consistent with the principles of
biological diversity and sustainable development.

Towards this end, the State shall ensure the full implementation of this Act, the mobilization
of resources for the institutional mechanisms herein established, and the full scientific and
technical support needed for the conservation of biodiversity and the integrity of the
ecosystems, culture and indigenous practices.

SEC. 3. Definition of Terms — As used in this Act.

a.

Biological diversity or biodiversity — refers to the variability among living organisms
from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems
and the ecological complexes of which they are part; this includes diversity within
species, between species and of ecosystems;

Bioprospecting — refers to the research, collection, and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes;

Buffer Zones — refers to identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control in order
to avoid or minimize harm to the protected area;

By-products or Derivatives — refer to the parts taken or substances extracted from
wildlife, in raw or in processed form;

Collecting — refers to the act of gathering or harvesting wildlife and its by-products or
derivatives;

Conservation — refers to any act or acts of preservation and sustainable utilization of
wildlife or maintenance, restoration and enhancement of habi

5;
& Delineation — refers to the actual ground survey of the boundaries of protected areas

and their buffer zones and management zones using the global positioning system
(GPS) or other applicable survey instruments and technologies, with the intention of
producing a map of the area;

. Demarcation — refers to the establishment of the boundaries of protected areas and

their buffer zones using visible markers, monuments, buoys in case of marine areas,
and known natural features and landmarks, among others, as a result of the actual
ground delineation;

Endemic species — refers to the species or subspecies of flora and fauna which are
naturally occurring and found within specific areas in the country;

Exotic species — refers to the species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time:

Exploration — refers to the act of searching or prospecting for mineral resources, as
defined by law, by geological, geochemical or geophysical surveys, remote sensing,
test pitting, trenching, drilling, shaft sinking, tunneling or any other means, for the
purpose of determining the existence, extent, quantity and quality of resources in an
area, and the feasibility of utilizing these resources for profit;

Hunting — refers to the killing or catching of wild fauna for food and recreational
purposes, with the use of weapons such as guns, bow and arrow, spears, traps and
snares, and the like;

Integrated Protected Area Fund (IPAF) — refers to the special account established
for the purpose of financing projects of the NIPAS and individual protected areas;


n. Invasive alien species — refers to species introduced deliberately or unintentionally
outside their natural habitats where they have the ability to establish themselves,
invade, outcompete native species, and take over the new environment;

o. Kaingin — refers to the slash-and-bum cultivation of vegetated land in a protected
area, whether occupied or not, shifting and permanent with little or no provision to
prevent soil erosion;

p. Multiple-use zone — refers to the area where settlement, traditional and sustainable
land use including agriculture, agroforestry, extraction activities, and income
generating or livelihood activities may be allowed to the extent prescribed in the
protected area management plan;

q. Natural Biotic Area — refers to an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modern technology at their pace;

1. Occupying — refers to a continuous stay of individuals or groups within a protected
area. Whether residing or engaging in the cultivation of land or fishing for more than
twenty-four (24) hours;

s. Poaching ~ refers to gathering, collecting or possessing products or natural resources
from the protected area by any individual person, corporation or entity whether local
or foreign; in the case of marine areas, operating any foreign fishing vessels by any
Person, corporation, or entity without a permit;

4 Protected Area — refers to an identified portion of land and water set aside by reason
of its unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation;

4, Protected area occupants — refers to the persons who are residing, utilizing, and
cultivating areas within the protected area. These include private owners, Ips, tenured
migrants and informal settlers;

v. Protected Area Retained Income Account — refers to the trust fund maintained by

any protected area and administered by the respective Protected Area Management

Board (PAMB) created pursuant to RA 11038 representing the seventy-five percent

(75%) of revenues generated from the protected area to support its operation and

management;

Quarrying — refers to the process of extracting, removing, and disposing sand, gravel,

guano, limestone, and all other resources used as building and construction materials

that are found within the protected area;

x. Special Account in the General Fund (SAGF) - refers to the trust fund deposited in

the national treasury representing the twenty-five percent (25%) of the revenues

generated from the operation of individual protected area and earmarked to support
the NIPAS;

Tenured Migrants — refers to protected area occupants who have been actually,

continuously and presently occupying a portion of the protected area for five (5) years

before the proclamation or law establishing the same as a protected area, and are
solely dependent therein for subsistence;

z Threatened species — refers to species or subspecies considered critically endangered,
vulnerable, or other accepted categories of wildlife whose population is at risk of
extinction;

w.

J.

SEC. 4. Classification as a National Park — The MTNBA is comprised of a parcel of land of
the public domain located in the Municipalities of Monreal and San Jacinto, Province of
Masbate. All lands of the public domain within the coverage and scope of the MINBA shall
fall under the classification of national park as provided for in Article XII, Section 3 of the
Philippine Constitution.


Sec. 5. Scope and Coverage - The boundaries of the MTNBA are more particularly
described as the area beginning at a point marked “1” on the map being N 52°40" W, 3,978
meters from MST-3174 with geographic coordinates of 1398153023 N, 572092.798 E
located in Brgy. Poblacion, Monreal, Masbate which is identical to FZ comer No. 3 Block-A
Timberland Monreal, Masbate; as shown in the Bureau of Forestry Map L.C. 493;
Thence S 55°17" E, 269.65 meters to corner 2,

Thence S 39° 41°, 544.72 meters to corner 3,

Thence $ 57° 35'E, 350.66 meters to corner 4,

Thence S 59° 38°E, 465.81 meters to comer 5,

Thence S 41° 57E, 229.01 meters to corner 6,

Thence S 17° 43'E, 420.01 meters to comer 7,

Thence $ 35° 57'E, 456.4 meters to comer 8,

Thence S 39° 38'E, 179.54 meters to comer 9,

Thence S 31° 06'W, 158.97 meters to comer 10,

Thence S 38° 54’E, 388.74 meters to comer 11,

Thence S 34° 0S'E, 177.39 meters to comer 12,

Thence S 06° 28'E, 190.44 meters to comer 13,

Thence S 29° 30'E, 263.85 meters to comer 14,

Thence S 59° 36'W, 508.68 meters to comer 15,

Thence S 19° 29'E, 290.56 meters to corner 16,

Thence N 86° 14°E, 320.76 meters to comer 17,

Thence S 56° 59E, 312.23 meters to comer 18,

Thence $ 07° 21'W, 290.31 meters to corner 19,

Thence S 28° 33'E, 307.46 meters to corner 20,

Thence S 54° 59'W, 361.45 meters to comer 21,

Thence S 88° 10'W, 270.22 meters to comer 22,

Thence S 20° 55'E, 471.9 meters to corner 23,

Thence S 46° 44°E, 201.77 meters to comer 24,

Thence S 31° 0S'W, 184.17 meters to comer 25,

Thence S 04° 55'W, 327.47 meters to corner 26,

Thence S 09° 33'W, 221.3 meters to comer 27,

Thence S 68° 07'E, 307.34 meters to corner 28,

Thence S 18° 04'E, 320.46 meters to comer 29,

Thence S 67° S6E, 517.59 meters to corner 30,

Thence S 10° 39'E, 257.23 meters to comer 31,

Thence S 63° 15'W, 287.95 meters to corner 32,

Thence S 17° 51'W, 133.93 meters to comer 33,

Thence S 74° 21'E, 520.58 meters to comer 34,

Thence $ 26° O1'W, 399.1 meters to corner 35,

Thence S 38° 08'W, 293.92 meters to comer 36,

Thence S 85° 25'W, 340.8 meters to corner 37,

Thence S 40° 02'W, 457.1 meters to corner 38,

Thence N 56° 14'W, 1,396.6 meters to corner 39,

Thence N 23° 58'W, 893.73 meters to comer 40,

Thence N 06° 05W, 1,473.52 meters to comer 41,

Thence N 18° O1'W, 1,431.24 meters to comer 42,

‘Thence N 52° 12'W, 881.85 meters to comer 43,

Thence N 79° 18'E, 554.82 meters to comer 44,

‘Thence N 21° 22'W, 1,622.01 meters to corner 45,



Thence N 31° 47'W, 442.01 meters to comer 46,

Thence N 02° 00'W, 455.36 meters to comer 47,

Thence N 50° 17'E, 918.62 meters to comer 1,

the point of beginning containing an areaof ONE THOUSAND THREE HUNDRED
FIVE (1,305) HECTARES, more or less subject to final ground delineation/validation.

Sec. 6. Establishment of Buffer Zones — The Department of Environment and Natural
Resources (DENR) Secretary, upon the recommendation of the Protected Area Management
Board (PAMB) created under Section 7 of this Act, may designate areas surrounding the
MTNBA as buffer zones for the purpose of providing an extra layer of protection where
restrictions may be applied; Provided, That, in cases where the designated buffer zones would
cover private lands, the owners thereof shall be required to design their development with due
consideration to the protected area management plan.

ARTICLE IL
MANAGEMENT MECHANISMS,

Sec. 7. Protected Area Management Board (PAMB) ~ Within ninety (90) days from the
effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to
oversee the management of the MTNBA. The PAMB shall be composed of the following:

a. DENR Regional Executive Director for Region V, as Chairperson;

b. Governor of the Province of Masbate or his/her duly authorized representative;

¢. District Representative of the Congressional District where the MTNBA is located, or
his/her duly designated representative, unless the District Representative declines the
membership in the PAMB;

d. Mayors of the Municipalities of Monreal and San Jacinto, Province of Masbate, or

his/her duly authorized representative;

. Chairpersons of all Barangays with territorial jurisdiction over the MTNBA;

Regional Directors of the following goverment agencies namely: Department of
Agriculture (DA), National Economic Development Authority (NEDA), Department
of Science and Technology (DOST), Philippine National Police (PNP), Department of
National Defense (DND), and Department of Tourism (DOT);

g. Three (3) representatives from either NGOs, or People Organizations (POs) based in
the Province of Masbate, duly accredited both by the DENR and the Provincial
Government. The NGOs or POs represented should have been in existence for at least
five (5) years and must have a record of accomplishments in the field of protected
area management;

h. One (1) representative from an academic institution, preferably from a university or
college in the Province of Masbate, with proven track record in or related to protected
area management; and

i, One (1) representative from the private sector, preferably a resident of the Province of
Masbate, who is distinguished in a profession or field of interest relevant to the
protected area management.

me

The terms of office of members of the PAMB, as well as the grounds for their removal, shall
be in accordance with the provisions of Republic Act No. 7586, otherwise known as the
“National Integrated Protected Areas System Act of 1992”, as amended by Republic Act No.


11038, otherwise known as the “Expanded National Integrated Protected Areas System Act
of 2018”.

Sec. 8. Functions of the PAMB — The PAMB shall have the following powers and functions:

a
b.

c.

re

. Set fees and charges in accordance with existing guidelin
. Issues rules and regulations for the resolution of conflicts through appropriate and

Oversee the management of the MINBA;

Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the MTNBA;

Approve the management plan of the protected area and ensure its harmonization with
and integration into the land use plan and other development plans, public or private,
and their implementation;

|. Adopt a manual of operations to include rules of procedures in the conduct of

business, and the creation of committees and their respective terms of reference;
Recommend the deputation of appropriate agencies and individuals for the
enforcement of the laws, rules and regulations governing the management of the
MTNBA;

Allocate financial resources for the implementation of the management plan and
manage the Protected Area Retention Income Account and other funds in accordance
with government accounting, budgeting, and auditing rules and regulations;

effective means;

Recommend appropriate policy changes to the DENR and other government
authorities with respect to the management of the MTNBA;

Monitor and assess the performance of the Protected Area Superintendent (PASu) and
other protected area personnel and compliance of Partners with the terms and
conditions of any undertaking, contract or agreement relative to any project or activity
within MTNBA;

. Recommend from among a shortlist of qualified candidates, the designation or

appointment of the PASu; and

Assess the effectiveness of the management of the MTNBA: Provided, that the
members of the PAMB representing the LGUs and national agencies shall inform
their respective constituent, offices or sectors, of PAMB -approved or other relevant
policies, rules, regulations, programs, and projects and shall ensure that the provisions
of this Act and the rules and regulations issued to implement it are complied with and
used as reference and framework in their respective plans, policies programs, and
projects. Failure to comply with the foregoing shall be the basis for disciplinary action
against such member according to administrative rules and regulations and such
penalties as the PAMB may provide; Provided further, That the DENR, through the
Regional Executive Director, shall ensure that the PAMB acts within the scope of its
powers and functions. In case of conflict between the resolutions issued by the PAMB
and the existing administrative orders of national application, the latter shall prevail.

Sec. 9. The Protected Area Management Office (PAMO). ~ There is hereby established a
Protected Area Management Office (PAMO) to be headed by a PASu who shall supervise the
day-to-day management, protection, and administration of the MTNBA. The PASu shall hold
a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient
number of support staff with permanent plantilla positions shall likewise be appointed by the
DENR Secretary or his/her duly authorized representative to assist the PASu in the
management of the protected area.


The PASu shall be primarily accountable to the PAMB and the DENR for the management
and operations of the MTNBA. Pursuant thereto, the PASu shall have the following duties
and responsibilities:

a. Prepare the management plan, in consultation with the stakeholders, including the
annual work and financial plan and ensure its implementation;

b. Ensure the integration of the MINBA management plans, programs, projects, and
policies with relevant national and LGUs plans and programs;

c. Provide secretariat services to the PAMB and its committees and ensure the
availability of relevant and timely information for decision-making;

d. Formulate and recommend to the PAMB proposed policies, rules, regulations, and
programs;

e. Establish, operate, and maintain a database management system which shall be an
important basis for decision-making;

f. Enforce the laws, rules and regulations relevant to the MTNBA, commence and
institute administrative and legal actions in collaboration with other government
agencies or organizations, and assist in the prosecution of offenses committed in
violation of the provisions of this act;

g. Monitor, evaluate, and report the implementation of management activities of the
protected area;

h, Request for and receive any technical assistance, support or advise from any agency
or instrumentality of the government as well as academic institutions, NGOs, and the
Private sector, as may be necessary for the effective management, protection and
administration of the MTNBA;

i, Issue permits and clearances for activities that implement the management plan and
other permitted activities in accordance with terms, conditions, and criteria
established by the PAMB: Provided, That all permits for extraction of natural
resources, including collection of wildlife, and its by-products or derivatives for
research purposes, shall continue to be issued by relevant authorities, subject to prior
clearance from the PAMB, through the PASu, in accordance with the specific acts to
be covered;

j. Collect and receive pertinent fees, charges, donations, and other income for the
MTNBA: Provided, that such fees, charges, donations, and other income collected
and received shall be reported regularly to the PAMB and the DENR in accordance
with existing guidelines;

k. Prepare and recommend to the PAMB, approval of the annual work and financial
plans of the MINBA based on the management plan; and

|. Perform such other functions as the PAMB and the DENR may assign.

The PAMO may be augmented by the deputized local environment and natural resources
officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE Il

PROCEEDS AND FEES

Sec. 10. The Matang-Tubig Natural Biotic Area Integrated Protected Area Fund. — There
is hereby established a trust fund to be known as the Matang - Tubig Natural Biotic Area


Integrated Protected Area Fund (MINBA-IPAF) for purposes of financing the projects and
sustaining the operation of the MTNBA. Income generated from the operation and
management of the protected area shall accrue to the IPAF. The income shall be derived from
fees and charges from the use of resources and facilities of MTNBA; contributions from
industries and facilities directly benefitting from the MTNBS; and such other fees and
income derived from the operation of the MTNBA.

The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above
means, which shall be deposited to the Protected Area -Retained Income Accounts (PA-RIA)
in any authorized government depository bank within the locality: Provided, that
disbursements out of such deposits shall be used solely for the protection, maintenance,
administration, and management of the protected area and implementation of duly approved
projects of the PAMB. The remaining twenty-five percent (25%) of revenues shall be
deposited as a special account in the general fund in the National Treasury for purposes of
financing the projects of the NIPAS.

The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign: Provided, that the fund shall be deposited in full as a special account in
the National Treasury and disbursements therefrom shall be made solely for the protection,
maintenance, administration and management of the NIPAS and duly approved projects
endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing 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 taxes and other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs’ facilities.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

Sec.11. 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. 12. Suppletory Application of the E-NIPAS Law — The provisions of the Republic Act.
No. 7586, as amended by Republic Act No. 11038, shall have suppletory application to this
Act.

Sec. 13. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, the Secretary of the DENR shall, in consultation with the local
governments of the Municipality of Monreal, the Provincial Government of Masbate and
concemed national government agencies, issue the corresponding rules and regulations for
the effective implementation of this Act.

Sec. 14. Separability Clause. —\f any section or provision of this Act is held unconstitutional
or invalid, the remaining sections or provisions not affected thereby shall continue to be in
full force and effect.


Sec. 15. Repealing Clause. — All laws, decrees, letters of instruction, executive orders, rules
and regulations and other issuances or parts thereof inconsistent with this Act are hereby
repealed or modified accordingly.

Sec. 16. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,