Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City. Metro Manila

Fifteenth Congress
‘Third Regular Session

COMMITTEE REPORT N0.2.3'7S

Submimted by the Committee on Natural Resources aad Committee on Appropriations on

Re Fg i >

mending ifs approval, in substitution of House Bill No. 4538
‘ors, Representatives Francisco T Marugas, Joseph Emilio A. Abaya and Lorenzo R

Tafiada I
‘Mir. Speaker:

Spons

The Comminees on Natura] Resources and Appropriations to which was referred House Bill
No, 4538, introduced by Representative Lorenzo R. Tatiada LM, entitled.

“AN ACT TO ESTABLISH THE MAULAWIN SPRING PROTECTED LANDSCAPE
AND PROVIDING FOR ITS MANAGEM) AND FOR OTHER PURPOSE
‘AS MANDATED FOR BY THE NIPAS ACT OF 1992”

have considered the same and recommend that herein attached House Bill No.

“E522 entitled

“AN ACT ESTABLISHING THE MAULAMWTN SPRING IN THE MUNICIPALITY
OF GUINAYANGAN, QUEZON AS A PROTECTED AREA UNDER THE
CATEGORY OF PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES”

be approved. in substitution of House Bill No. 4538, with Representatives Tafiada, Matugas.
and Abaya as authors thereof.

Respectfufy supiyitted,

CC

AON. JOSEPH EMILIO,
Chairman
Commikesson Appropriatlo

AYA HON, FRANCISCO T. MATUGAS
Chairman
Committee on Natural Resources:

THE HONORABLE SPEAKER
House of Representatives
Quezon City


lee m

Sweararan

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Fifteenth Congress
Third Regular Session

‘House Bill No. 2
(In Substitution of HB. No. 4538)

Introduced by Representatives Lorenzo R. Tafada, Francisco T, Matagas, and Joseph Emilio A
Abaya

AN ACT ESTABLISHING THE MAULAWIN SPRING IN THE MUNICIPALITY OF
GUINAYANGAN, QUEZON AS A PROTECTED AREA UNDER THE
CATEGORY OF PROTECTED LANDSCAPE, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES

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

SECTION 1. Title. - This act shall be known as the “Maulawin Spring Protected

Landscape (MSPL) Act of 2012”.
SEC.2. Declaration of Policy. Pursuant to Republic Act 7586, otherwise known as the

mal Intes Protected Areas System Act of 1992”, it is hereby declared the policy of the
State to conserve and preserve the aggregates of wild flora and fauna, culture and indigenous
knowledge, historical artifacts and sites, ensure the continuity of endangered, threatened and
rare species towards the end of conserving, protecting and preserving, and preserving the
scenic, cultural, historical and archeological features of Maulawin Spring Protected
Landscape and its su:roundings and other forest ecosystems found therein, and providing thereof
for the benefit and enjoyment of its people and humankind
The classified area comprising the Maulawin Spring Protected Landscape shall be within
the classification under the 1987 Philippine Constitution. Public lands classified as agricultural
and alienabie and disposable upon the passage of this Act shall remain as such and may be
disposed of under the law.


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Soma annaee

SEC. 3. Scope and Coverage.

Landscape (MSPL), which fall under the category of protected landscape as defined herein,
within the Municipality of Guinayangan, Province of Quezon, are as follows:

Beginning at a point marked “1” which is N 61°32'21" W, 2348.96 meters from
Poblacion of Guiayangan, Tayabas with geographic coordinates of 13°53'54.96"North and

122°2711.08"East

TECHNICAL DESCRIPTION

The boundaries of the Maulawin Spring Protected

LINE BEARING DISTANCE (meters)
12 $18 34 o E 291.10
23 s 57 55 oO w 260.60
34 S 66 4S 59 w 190.40
4s 377 57 59 w 410.70
56 $50 ° 54 59 w 320.80
6-7 $49 45 o Ww 320.90
7s N 66 8 oO WwW 390.20
89 N29 ° 39 0 w 234.30
9-10 N38 39 39 w 399.10
10-11 N43 9 59 w 159.70
1-12 N62 ° 3 59 Ez 149.70
12-13 N26 r 39 “= 23410
13-14 N70 ° 2 59 E 219.60
Vas N88 ° 59 39 E 269.60
15-16 S$ 54 50 39 E 200.10
16-17 $80 ° 27 ° E 199.70
17-18 N19 33 0 E 139.40
18-19 N65 4 oO E 199.60
19-20 Nes cl 0 g 149.80
20-21 S$ 89 oO o E 119.80
21-22 S$ 40 50 0 160.30


Sow ra anneone

22-23 $46 ° 49° 59 a E 200.30
Bel N85 ° 58" 2» " 209.73

‘The Maulawin Spring Protected Landscape shall cover a total land area of One Hundred
Forty Nine (149.008) hectares

‘The Department of Environment and Natural Resources (DENR) shall appropriately
mark on the ground the technical descriptions provided in this Act with clearly visible markers
and shall prepare appropriate maps thereof,

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

SEC. 4.Land Classification. - All lands comprising the Maulawin Spring Protected
Landscape (MSPL) shali fall under the classification of National Park as provided for in the 1987
Philippine Constitution.

SEC. 5. Definition of Terms. For purpose of this Act, the following terms are defined as
follows:

(a) Biodiversity shall refer to variety and variability among living organisms and the

ecological complexes in which said organisms occur.

(b} Conservation shall refer to the sustainable utilization of wildlife, and/or maintenance,

restoration and enhancement of the habitat

(6) Department of Environment and Natural Resources (DENR) shall refer to the

Rational government agency tasked of regulating the use of natural resources ad
administering the programs of environmental management

(@) Endangered Species shall refer to the wildlife species that are in danger of extinction
and whose survival is unlikely if the causal factor is not reversed.

(e) Exotic Species shall refer to species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time.

(0) Forest Lands shall refer to the lands of the public domain which have been classified
as such, under the land classification program of the DENR.

(c) Habitat shal} refer to « place or type of environment where species or subspecies
naturally occur or have naturally established their population

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(h) Management Board shall refer to the Management Board of the MSPL.

() Management Pian shall refer to the fundamental plan, strategy and/or scheme which
shall guide all activities relating to the MSPL in order to attain the objectives of this
Act.

@ National Integrated Protected Areas System (NEPAS} shall refer 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

(k) National Park shall refer to the land of the public domain classified as such in the
1987 Constitution which inchudes all areas under the National Integrated Protected
‘Areas System (NIPAS) pursuant to Republic Act No. 7586 primarily designated for
the conservation of native plants and animals, their associated habitats and cultural
diversity

() Non-governmental Organzation (NGO) shall refer to an agency, institution,
foundation or a group of persons whose purpose is to assist people's
organizations/associations in various ways including, but not limited to, organizing,
education, traming, research and/or resource accessmg.

(cn) Provincial Environment and Natural Resources Office PENRO} shall refer to the
local office of the DENR at the provincial level.

(n) People's Organization (PO) shall refer to 2 group of organized migrant communities

andlor Tierested mdigenous peoples which may be ai association, cooperitive.
federation, or other legal entity, established to undertake collective action to address
community concems and needs, and mutually share the benefits of the endeavor.

(0) Protected Area shal} refer to identified portions of land andor water set aside by
reasons of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation,

(p) Protected Area Management Board (PAMB) shall refer 10 a multi-sectoral policy-
making body created in accordance with Republic Act No. 7586 or the NIPAS Act of

1992.


tq) Protected Area Superintendent (PASu) shali refer to the chief operating DENR
officer of the MSPL.

(1) Protected Landscape shall refer 1o an area of national significance, which is
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation and tourism within the normal

lifestyle and economic activity of the area.

Tenured Migrants shall refer to forest occupants who have actually and continuously

occupied a portion of the protected area for at least five (5) years, and are solely
dependent therein for subsistence, as of the passage of this Act. A protected area
occupant is understood to be “solely dependent for subsistence” when everything
indispensable for survival for the housebold, including food, clothing, shelter and
‘heahh, comes only from the utilization of resources from the protected area.
SEC. 6. Management Plan. - There shall be a Management Pian promulgated for the
‘SPL that shall serve as the basic long-term framework pian in the management of the protected
area and guide in the preparation of its anausl operations plan and budget.

Withit one (1) year from’ the elfectivity of this Act, the Management Plan shal have been
put into effdct following the general management planning strategy provided for under the
IPAS Act and according to the procedure herein set forth. It shall contain, emong others, the
following

(a) The category of the protected area,

(b) Period of applicability of the plan,

(c) Key management issues;

(4) Goals and objectives of management in support of Section 2 hereof.

{e) Site management strategy;

(8) Major management activities such as, but not united to, enforcement of laws, habitat


‘and wildlife management, sustainable use management, infrastructure development
and maintenance, and fire and pest control
(g) Zoning; and

{h) Visitor management programs
‘The Management Plan shall be prepared by the Protected Area Superintendent (PASu) in

coordination with the appropriate offices of the department, local communities and the NGOs.
shall be reviewed and approved by the PAMB and certified by the Secretary of the Department
Such certification shall be mandatory to ensure that the plan conforms to all laws and the
applicable rules and regulations issued by the Department: Provided However, That the Secretary
may revise and modify the protection and conservation plan, after consultation with the PAMB,
prior to certification to ensure conformity with applicable faws, rules and regulations.

‘A year before the expiration of the period of the applicability of the plan in effect, the
PASu shall cause publication of notices for comments and suggestions on the successor plan in a
newspaper of general circuletion in the concemed muicipalities. Notices shall also be posted in
the respective provincial and municipal balls of the concemed provinces and municipalities as
well as in the barangay halls bounding or immediately adjacent to the protected landscape. The
proposed plan shall be made available to the public during the period for comment and a final
plan shall Likewise be made available for public perusal at the office of the PASu upon the
approval of the PAMB: Provided, That the plans shall be plainly written in a language
understandable in the area.

SEC. 7. Management of the Maulawin Protected Landscape (MSPL). - There is hereby

Heated a PAME which Shall have jurisdicton, power aod authoiity over the MSPL for all
matters that may affect biodiversity conservation, protection and sustainable development. It
shall be composed of

1 ‘The Regional Executive Director, Region IV, of the DENR as the chairman;

2. The Provincial Planning and Development Coordinator of Quezon Province;
3. One (1) representative from the Municipal Government of Guinayangan, Quezon

which shall be appointed by their Local Chief Executive;

4. One (1) representative from each Barangay with territory within the protected

area which shall be appointed by their respective Sangguniang Barangays,


5. At least three (3) representatives from local non-government organizations (NGO)
and community organizations, including people's organizations, cooperatives,
church or civic organizations to be chosen among themselves in meeting called
for the purpose; and

6 One (1) representatives from other government agencies that may be involved in
protected area management depending on the needs of the protected area

Each member of the PAMB shali serve for a term of five (5) years and shall be
considered w represent one’s sector and deemed tw 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 PAMB of the
‘SPL: Provided, That the PAMB shall include women as members.

‘The representatives from the local goverament units (LGUs) and national agencies in the
PAMB shal! include among their duties, the duty to inform their respective constituents, office or
sector of the PAMB approved or other relevant policies, rules, regulations, programs and
projects, and to ensure that the provisions of this Act, the NIPAS Act and its implementing rales
and regulations are observed, complied with, and used as reference and framework in their
respective plans, policies, programs and projects. Failure 1 comply with the foregoing shall
subject such representative to disciplinary action as the PAMB may provide

The members of the PAMB 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 P AMB or in connection with other official business authorized by a resolunon
ofthe PAMB, subject to existing rules and regulations.

SEC. 8. Powers and Functions of the PAMB. - The PAMB of the MSPL, which shall
decide by consensus or majority vote of the members present constituting a quorum of majority
of all the members, shall have the following powers and functions in addition to those provided
under Republic Act No. 7586 or the NIPAS Act of 1992 and its implementing rules and
regulations:

{a) Issue all rules and regulations to prohibit acts that maybe prejudicial to the protected


om oe

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area and the policy declaration herein set forth as well as established criteria and set
fees for the issuance of permits for activities regulated by this Act or the management
plan;
() Issue rules and regulations for the resolution of conflicts through appropriate,
sensitive, and effective means;
(c) 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 PASu;
(e) Establish criteria and set fees for the issuance of permits for activities regulated by
this Act or the management plan;
(f) Recommend the deputization of appropriate individuals for the enforcement of the
laws, rules and regulations governing the conduct or management of the MSPL;
(g) Approve fees and charges in accordance with existing policies and euidelines and

raise funds for the MSPL,
(h) Manage the allocation of the MSPL. Fund, and other funds for the MSPL,

ensure their proper administration and render accounting, and
(i) Recommend appropriate policy reforms to the DENR and other govemment
authorities.
‘The DENR through the RED, shall ensure that the PAMB acts within the scope of its
powers and functions. In case of a conflict between administrative orders of national application
issved by the DENR pursuant to the NIPAS Act and the resolutions issued by the PAMB, the

"BAMB shall nowy the DENR Secretary who shall decide whether to apply the rule or withdraw ~

its application in the MSPL.

SEC. 9. The Protected Area Superintendent (PASu} Office. ~ There is hereby established
a PASu Office within the DENR Regional Office to be in charge of the management, protection,
and administration of the MSPL. The PASu shal! be supported by the existing personnel of the
DENR The head of office shall be the chief operating officer of the MSPL and shall be directly
accountable to the Regional Executive Director of the DENR Region IV-A and the PAMB.

‘The PASu shall have full responsibility for the protection of land, water, wildlife and
other natural physical and biological resources within the MSPL. As such, the PASu shall have


es

the following duties and responsibilities m addition to those provided under the NIPAS Act and
its implementing rules and regulations

(a) Establish, operate, and maintain a database management system as adecision support
wool:

(b) Prepare the management and development plans as herein defined;

(¢) Provide 2 secretariat for the PAMB and supply the PAMB with all the necessary
information to make appropriate decisions for the implementation of this Act;

(d) Enforce the laws, rules and regulations relevant to the MSPL, institute and file legal
action independently or in collaboration with other government agencies Or
organizations and assist in the prosecution of offenses commited in violation of this
Act,

(¢) Monitor all activities within the MSPL to ensure its conformity with the management
pla;

() Recommend the issuance of permits based on terms, conditions and criteria

established by the PAMB;

(g) Ensure the integration of the MSPL management policies, regulations, programs and
projects at all the concemed national and local goverament unit levels; and

(b) Perform such other functions as the PAMB may delegate.

The PASu shall be supported by a sufficient number of personnel who shall be

performing day to day manegement, protection and administration of the MSPL. Upon the
recommendation of the PAMB, the DENR Regional Executive Director shall deputize local

Tonamunity leaders and Cavironmant and nateral resources Officers.

SEC. 10. Tenured Migrants.- Tenured migrants are those who have actually occupied the
forest lands within the protected area since June 30, 1987 and are substantially dependent on
such areas for their livelihood, For purposes of official documentation of rights and extent of
occupation within the protected area, tenured migrants shall be issued 2 tenurial instrument over
such areas as have been occupied or cultivated since June 30, 1987.

Should areas occupied by tenured migrants be designated es 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 tenusial instrument for cause or by voluntary surrender of
rights, the PASu shali take immediate steps to rehabilitate the area in order to retum it to its
natural state prior to the cultivation or other act by the tenured migrant.

Within three (3) months from the passage of this Act, the PASu shall submit to the
PAMB the complete list of tenured migrants which list shall be final upon approval of the

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PAMB.
SEC. 11. Prohibited Acts and Penalties. The following shall be the prohibitions and

penalties applicable to the MSPL, in addition to the prohibited acts as provided in the NIPAS Act

7

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9 and its implementing rules and regulations

0 A. The penalties in Article 309 or 310 of the Revised Penal Code depending on the

n resources taken, damaged or destroyed shall be imposed upon any person who:

12 1. Hiumts, destroy, disturbs or removes fom the Maulawin Spring Protected

3 Landscape amy wild plants or animal products derived there from without &

14 ‘pemnit from the PAMB;

Is 2. Conducis mineral explorations or extraction within the Protected Landscape

16 as defmed herein;

17 3. Conducts quarry operation for aggregates, sand and other quarry materials

18 without a permit from the PAMB or without other permits required under

9 existing laws;

20 4. Engages in fishing with the use of explosives, noxious substances, electricity
or drift nets with mesh below three (3) centimeters between the knots when
stretched; 7 ~ ~

23 5. Curt, remove, gather, take timber or forest products from the forest lands

24 without authorization; and

25 6 Pollutes the bodies, air and land areas in any way of the protected areas,

26 7. Establishes infrastructure and other manmade projects without authorization

27 and clearances from the PAMB and other govemment agencies involved in

28 +the granting of clearances.

29 ‘Valuation of any damage wrought by any of these illegal acts shall take into

30 account biodiversity and conservation considerations as well as aesthetic and

31 scenic value.


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|A dine of not fess than Five thousand pesos (P5,000.00) but not more than Two
hundred fifty thousand pesos (P250, 000.00) and/ or imprisonment of not less than
one (1) year or more than five (5) years and the restoration and rehabilitation of the
damage shall be imposed upon any person who:
1. Alters topography through diguing, blasting, earth-filling activities or stone-
walling without a permit from ali proper authorities as required under exisung
Jaws, rules and regutations and from the PAMB;

Damages roads, trails or leaves them im a damaged condition or mutilates,
defaces, destroy or vandalizes any object of natural or scenic value within the

Protected Landscape;
Constmcts or maintains any kind of structure without a permit from PAMB or

without other requisite permits under existing laws such as but not limited to
municipal permits, public works requirements amd Environmental Compliance
Centficate (ECC); and

4. Alters, removes, destroys or defaces boundary works, buoys or sign in the

Protected Landscape put up by the PAMB
“A fing of less than Five thousand pesos (P3, 000.00) or not more than One hundred
shousand pesos (P100,000.00) and’ or imprisonment from one (1) year to three (3)
years shall be imposed upon any person who:
1. Occupies lands classified as Strict Protected Zone as herein defined without @
egal instrument for such occupation;

7” Violates any niles and regulations im the management plan of the PAMB or
agrements reached before the PAMB in its exercise of adjudicative functions,
‘Dumps my waste materials on land or any bodies of water e.g. river, other

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than in areas identified as dumping sites by the concemed local governments ,
or leaves exposed or in unsanitary condition on and or any bodies of water
e.g. nver, human waste or refuse;

4. Kills of injures any protected species or fails to release it when accidentally
caught or found beached;


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Knowingly brings/introduces into the Protected Landscape any exotic species
‘or substances which may pose a hazard to public health, protected species

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habitat or population or scenery;

6 Brings out of the Protected Landscape live species without certification of
toxic and hazardous substances testing, and

7. Possesses instrument/ equipment without clearance fom PAMB, shall specify
for the Jegal uses for which it can be applied.

D. ‘A fine of not less than Five thousand pesos (P5, 000.00) nor more than Five
hundred thousand pesos (P500,000.00) aad/ or imprisonment of net Jess than
cone(1) year and not more than five (5) years shall be imposed upon:

1. Any person who shall induce another or conspire to commit any of the above
acts os suffer their workers to commit any of the above acts shall be Hable in the
manner as the one actually performing the act; and

2. Any public officer, or officer of law, who, in dereliction of the duties of his
office, shall maliciously from instituting persecution for the pumshment of
violators of the law, or shall tolerate commission of the offense shall also carry
the penalty of perpetual disqualification from public office.

SEC. 12. Special Prosecutor and Retained Counsel. Within thirty (30) days from the
effectivity of this Act, the Department of Justice shall appomt a Special Prosecutor to whom
cases of violation of laws, rules and regulations im MSPL shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her duties

and assist in the taining of wardens and rangers in arrest and criminal procedures,

The PAMB may retain the services of 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 MSPL, against any legal action
related to their powers, functions and responsibilities as provided in this Act or as delegated oz
tasked by the PAMB.

SEC. 13. Local Government Units. - The local government units (LGUs) within the
MSPL shall participate in its management through is representation in the PAMB as provided
under Section 7 hereof Said LGUs may appropriate portions of their share from the annual

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intemal revenue allotment and other mcome for use of the MSPL: Provided, That all funds
directly coming from the LGUs shall be exempted from the twenty - five percent (25%)
remittance requirement for the central Integrated Protected Areas Fund (IPAF).

SEC. 14. MSPL Fund. - There is hereby established a revolving fund to be known as the
MSPL Fund for purposes of financing projects in the MSPL.

Income shall be derived from fees from visitors/tourists, fees from permitted sale and
export of Bora and fauna and other resources from the MSPL., proceeds from the registration and
lease of multiple - use areas, including tourism concessions, fees, proceeds, and contributions
from indusuies and facilities directly benefitimg the MSPL, and such other fees and income
derived from the operation of the MSPL: Provided, That the seventy - five percent (75%) of such
income shall be set aside and retained by the PAMB which shall appropriate the same
exclusively for the management and operation of the MSPL: Provided Further, That the
remaining twenty - five percent (25%) shall be remitted to the central Integrated Protected Areas
Fund (IPAF)

The MSPL Fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign, for purposes related to their functions: Provided, Thar
disbursements therefrom shail 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 contime to impose and collect all other fees not enumerated herein

which they have traditionally collected, such as business permits and rentals of LGUs
facilities: Provided, That the LGUs shall not impose property tax and issue new tax declaration
for areas covered by the MSPL. Furthermore, LGUs may charge add - ons to fees imposed by the
PAMB. Provided. That such add-ons shall be based on the contributon of the LGUs in the
maintenance and protection of the MSPL.

SEC. 15. Existing Hacilities within the Prowcted Landscape .- Within One hundred
twenty (120) days from the affectivity of this Act, existing facilities such as roads, buildings,
water systems, and other facilities existing within the boundaries of the Protected Landscape
shall submit project description to the PAMB through the PASu.


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Based va its submission, the PAMB, with the help of the DENR, shall determine
whether or not the existence of such facility and its future plan and operation will be detrimental
to the Protected Landscape or whether or not conditions for its operations shall be imposed. If
any of such conditions are violated, the facility shall be liable to pay a fine of Five thousand
pesos (P5,000.00) for every day violation upon reaching a total fine of Five hundred thousand
pesos (P500.000.00), the PAMB through the PASu and deputizing other goverment entities,
shall cause the cessation and demolition of the facility at the cost of its owners,

Existing facilities allowed to remain within the protected area may be charged 2
teasonabie royalty by the DENR, All incomes from such royalty shall accrue to the Integrated
Protected Area Fund (IPAP).

SEC. 16 Utilization of Energy and Non- Renewable Resources. - Any exploitation and
utilization of energy resources found within NIPAS areas should be allowed only through a law
passed by Congress. Furthermore, protected areas except Strict Nature Reserve and Natural
Parks may be subjected to exploration, only for the purpose of gathering information on enei
resources provided that such activity is carried out with the least damage to surrounding areas.
The enerey survey shall be conducted only in accordance with a program by the DENR. In no
case shall an exemption from the Environment Impact Assessment (EIA) system made for
energy and non-renewable resources exploitation projects within the protected area.

SEC. 17, 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
MSPL.

“SEC. 18. Appropriation — The Secretary of the DENR shall immediately include in the
DENR's program the implementation of this Act, the funding of which shall be included in the
angual General Appropriations Act.

SEC. 19. Construction and Suppletory Application of Existing Laws. - The provisions
of this Act shall be construed liberally in favor of the protection and rehabilitation of the MSPL
and the conservation and restoration of its biological diversity, taking into account the needs and
interests of qualified tenured migrants, for present and future Filipino generations.

The NIPAS Act shall bave suppletory effect in the implementation of this Act

SEC. 20 Transitory Provision, - In order to ensure the recovery and restoration of
biological diversity and to develop sustainable livelihood opportunities for tenured migrants, the

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DENK shal] henceforth cease to issue concessions, ficenses, permits, clearances, compliance
documents oF any other instrument that allows exploitation and utilization of resources within the
‘MSPL until the Management Plan shall have been put into effect.

All existing land - use and resource use permits within the MSPL shall be reviewed and
shall not be renewed upon their expiration unless consistent with the Management Plan and
approved by the PAMB

SEC. 21 Repealing Clause. - For the purpose of the scope of this Act, the provisions
of the NIPAS Act are hereby modified in accordance with the provisions herein. All other law
rules and regulations inconsistent with this Act are hereby repealed or modified accordingly
Within the scope of the Protected Landscape 2s herein specified, the penalties under the NIPAS
Act hereby superseded.

SEC. 22. Separabilty 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 section hereof.

SEC. 23, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazerte or in 2 national newspaper of general circulation
available in the MSPL.

Approved,



¢ Philippines

Kepublic
ATIVES

HOUSE GF REPRESEN
Quezon City

FIFTEENTH CONGRES
First Regular

J.B No 45388

Introduced by HON. LORENZO R. TANADA IL

AN ACT
TO ESTABLISH THE MAULAWIN SPRING PROTECTED
LANDSCAPE AND PROVIDING FOR ITS MANAGEMENT AND FOR
OTHER PURPOSES AS MANDATED FOR BY THE NIPAS ACT OF
1992

EXPLANATORY NOTE

is ws declare tne Maulawin Spring Wazersid Forest Reserve as x protected arca
Jokaion and to masain and preserve its ecologica!

The Forest Reserve covers a cotal azea of 49.01 hecuzes 0 public land, and is located in the
anges in the Province of Quezon, Due to sts biodiversity and ecologicat
1 Spring Watershed Forest Reserve was declared a Protected Landscape ir:
¢ of Presidential Proclamation No, 295. Tr is composed of 60% forest, the
nalaceaance of weict: 1 esseavia! to che ecological integrity of the entire area, while Maulawin Spring
inse’f s the only source oF sotable water for the sucounding cozmiunities. Maulawin's conservanon
is caus of the urmos: urgency not just for ecological buc a'so for socio-ecoaomic reasons.

Murzeipabicy

she-potioy of the Stare to’ i the: right-of the peop
ecolugy m accord with the ny of nature, it is incumbeac

suscamuble deveiopmen:. Tins measure seeks to establish the Maulawin Spring Protected Landscape
mework of RA. 7586 oy the Nationa! integrated Provected Area System (NIPAS) Act

going, the passage of this bil is e sought

TT
FE Tosxeke i
LOREN? “ERIN” R. TANADA Ii
Representanve:
4" District, Quezon


Republic of the Philippines
HOUSF OF REPRESENT ATI
Queaes Cisy

FLIFIEENTH CONG?
+ Regula: Session

Vie No 4538

Introduced by HON, LORENZO R. TANADA IIT

AN ACT
TO ESTABLISH THE MAULAWIN SPRING PROTECTED
LANDSCAPE, PROVIDING FOR ITS MANAGEMENT AND FOR
OTHER PURPOSES, AS MANDATED BY THE NIPAS ACT OF
1992

te Howse of Representatives of rbe Poiitrsines sm Congres assembled:

sted 7 toe Sen
SECTION 1. Tide, — This act shall be known as che “Maulawia Spring Protected

Landscape Act of 201." .
_ SECTION 2. Declasanion of Policy. ~ Pursuant to Republic 12t 7586, itis hereby declared
ceguiate the utilization of ageegates, wid fora cad fauna, culmre and
Serge. histotical azsifacts and sites viry of endangered, threatened

yerarcs the end of conservmig, procecting ing, and preserving che
rica, and archaeological Zeamnres of Mavlawin Sprng Provected Landscape and

ne acher forest ecosystems found therein, and providing thereof for the benede
= people and humankind

cz comprising the Maviawin Song Procected Landscape shall be within che

vonstreton Public lands classified 3 agHcutmest-mad-atiembte art
sage of this Act shall remair as suck and may be disposed of under the law

SECTION 3. Scope —Tac boundaries of the Maulawin Spring Protected Landscape arc as follows:

point marked “1” On the map which is N 70°00"W about 1,500.00 meters

oality of Guinayangan, Quezon:

$ 19°54 E 291. 1 m co comer 2;
s 260. 6 m. to comer 3;
S 66746" 190.4 m. 20 come: 4;

410. 7 m to comer 5;

320, 8 m. 10 comer
549745 320. 9m, w comer 7



Carag 390,

to comer 12;
so corer 13;
to comer it;
to come: 15;
ro comer 16;
xo comer
to comer
comer

70°03"
89°00 E

XN 0 comer 2

s = comer 21;
5 49°50 E to come: 23;
5 463" EB ro commer 23)
N86°Or E to core: 1;

oacunice an area of ONE HUNDRED FORTY NINE AND 01/100 (149.01)

ator on ths act dus (0 factors such 2s changing ecological simuations, aew
gical findings, or discovery of radiuoas: boundanes not previously takec inro
rough an Act passed by the congress afrer full consultation with the

uscount sha be made

ide the protected landscage shall be governed as part of the protected aree
. Pens! provisions, however, in this Act or any cules
oazd (PAMB) shall not apply to privaze

ne sot delorying co public domain, It can de
soanachee pest

esposeitie — (A & D lands}

peteated, trled-seic-er

evitonment and Natural Resources ENR) - 2 national goverament
of zepulatng the use of natural resources aad administering the programs of

.enval mummagement.

Environment and Natutal Resources Office (CENRQ) - the comruunity office
DENR at the discrict jevel.

Endaagered species ~ wildlife species thst are in danger of extinction and whose survival is
uniiielr i che causal factor is not reversed.

e

species — wildlife species peculia: <0 2 locality or region.



_ ‘ands of the public domain which bave been classified as such under the lanc

rogram of che DENR.

Lands

pits — {LGUs} sefers to the structure! unite of the government such 2s

prowizee, sumicipaliy/ciy, and barangay.

on

bh. Non-Government Organizadon — shall efer re any ciric development or philaacirop:<

anoa, which 1s multi-sectoral in characier

7 heing replaced by nacura! ecolog’

Nor Renewarie Resources ~ resources ot capaé

sound managemeor practices.

es

& Other Govesnment Agencies - (OGAs} either sanoaa. ot local government agencies =

ve ene suruceural snd organizational objectives on the protection and convessaton of
ahadied on its mandate and funcuons,

suppor
natural resources and envizonment and is

whose purpose for establishment is to

Beopie Oxganuzations ~ refers to organizes
ors, sutk ax bat po: limited ro farmers,

mrorset of advance che interest of specific
Hsherola, women, and the like.

k.

_ igads that constitute ownembip bs indivadsals through documents showing

1: Maagemen: Board — (PAMB} an!
Yor cach protected area anc vested with powers to administer i

creaced

Deoqected Area Supesmtendent -- (PASU) under the DENR shall serve at she chief opessting

f -he protected ares

gered Landscape ~ arsas of nationa! signicaace which are characterized by harm
ncaenoe of maa and land while providing opportunites for public enjoyment through
vy an¢ courisr: within the norma’ lifestyle 2nd economic of these areas.

we.

Provost Environment and Naturat Resmurcer Oiiar~ PENRO} the local-effice of the

DENR ar che provincial level

‘s

the eren Of the protected landscape where all activides relesiag co

Area —
ecreational and interactive participation of

eoomest, sustenance and promotion
vahabitants 1 secured

SECTION 3. Management Plan, Uhe Psorected Ares Supenntendent (PASu} shall
prepate the Managemen: Plan in consultation with the appzopdate offices of che Depuztment of
aad Nerani! Resources (DENR} and loca! experts who may donate their sezvice:
“mited 1 peoples osganizanocs, aoa-govesnment organizations, local
3 other povernmeat agencies. The management plan shall be reviewed,
the PAMB and cerci‘ied by the Seczesary of the DENK. Such certification
forms to all laws and miles and zegulasions issued by the DENR of

Riavirocm
inceding bu: 0:
yovemment nits ani
approved and adopted by
is mandatory if she plan con



1o revise oF modify a Management Pian

ANB.

on with the P)

protected area shall ive primacy consideration to the traditional zones
unless such users are deemed detrimental to
e protected eres.

c suaig OF
eC by the tenured migran

fe prctecpon of the aarara! characrenisai

ws a language understandable in she area, plainly weitree and available for
Fé any designared azer as approved by members of

snaiang 08; of che urotected area. It stall de compa

she DENR as the chairman;

cutive Director, Region IV,

incia! Planning and Development Coordinator of Quezon

representative from the Muniapa! Government of Guinayangan, Quezoa
appointed by their Local Chie? Execeare;

shal

sepresentative from each Barangays wit w-itory within the protected asa
2: appointed ky their respreave Sengeuniang Barangays;

overament organizations (NGO)
anizatious, cooperatives, Church

(3) sepresemtauves from loca’ ac:
aad commocity oxgunizatons, inchiding peapie’s ©
orgucizations to be chosen among themselves in meeting called for the

agencies (OGAs) thar may be
d

cepresemiatives fiom other governs

.m-poosected.area managemen, depending an the needs of the pro:

of tat PAMB shall serve for u tema °5) years and shall be.considerec
“ee his or ber sector and shall be deemed cc have castied the vote of suck sector,
wating five 5) days after the decision being challenged is made known to the
cLrovgh che provision of wrirtea inforatioz.

The PANB for the Maulawin Spring Landscape shall nave the following powers and

foacdons;

cules and regulations co prohibit acts tha: may be prejudicial ¢o the prote
ares and the policy declaation herein set forth as well as established csitesia and sec
or the managemen:

1



sues and regulation for the resoluuou of coniker through appropriate sensidre

acd effecures means;

3 Adop: rules and procedures for the coaduct of business including the creation of

© commactees:0 whom its powers may he delega-ed:

4. Aporove the management plan and oversee the office of she PASu,

5 crested individual for she enforsemen: of laws, rules and regulations
governing conduct ir the Protected Landscape.

6 copasals for hudget allocations aad exercise respoasibility over all funds

tha may accrue to the Maulawin Spring Pzccected Landscape as mandated by che
2 Protected Area Fund which are indicared for the purpose of the above

Taree
poker decirason.

Tae DENR tecough che RED shall exercise the authomt to oversee the PAMB to ersure
chat «i acting within the scope of its powers and functions. Tn case of a contradiction berween
adminisrracve ozders issued by the DENR pursuant co the NIPAS act for national applications and
ni‘es and reguizaon issued by the PAMB, the PAMB shal! nowy the Secsetary of the DENR who
cecide wheties to anply sale or wahdeaw it, whicheves is benedicia’ tc the Protected Landscape.

f shell be a Protected Arca
under the Deparment of Eavonment and Namal Resources
seeve as the chief operating offices of che protected area.

pos: operations as the budgets
R may allow;

3, Hike and supervise che necessary person:
shocsred in this Act, by che PAMB and!

ish a productive parmership with the iocai community, including groups
rested ic the achievement of she hezeie: goais aad objectives, in the planning,

proteccion and management of the protecre arez,

-
yt

rogram;

Develop and implement a part informanon, séucstior. and vsitor

ected area and assist an

orce the laws, rules and regulations r
ssecution of offenses;

6

7. Monitor all activities within the provecced aes for their compliance with the

rnaragement plan;


fa such other funetons

the PAMB may assign; and

+ authority tu his staff whenever necesszy

SECTION 7. Administration and Management The Maulwin Spring Protected
fs ed under the cozvol and admumszanor of the DENR through the
agement Board or PAMB. For chis purpose, there is hereby cteated a Provected
warch sucll be equipped with die aecessary persoanel. as follows:

Aree Supermtendenc (PASu: .
Tt staff
Gne <2! Asst. Protected Area Superintendent
az 7): Comamany Development Officer (CDO'E  *
Om ter E
Das, Biolognss 1”
Ose |); Admastrative (Offices (AO! I“
‘Dae “D Record Officer 1

+, Computer Programmer
snastranve Aid

SECTION §. Fenured Migramss, Tenoted migrac se Who have actually occupied
she forest lands wicks the procected area since Jane 30, 1987 and aze substandally depended on suck
ior ther Sve4h094 For purposes of offical documentation oF cights and extent of occupation
ares, tertred migrants shall be issued  :enre instrument over such areas ax

Iavated since fune 30, 1987.

‘sod by tenured migrants are desigasteé for ovaers zones in which a5
ues are allowed, provisions fer thei: canst

to muitiple se zones or
complished using humanitarian coxsiderariac i2 so doing.

fe

se immediate steps prior te the sevation or other activities to be
rigionts,

SECTION 9. Prohibited Acts and Penalties.

cig 309 or 329 of the Revised Penal Cod=

-pending on the resources taker.

desrroved saali be imposed upon any person wha:

: , des:roy, disturbs oz removes from sie Maulawin Spring Prosected
Landscape any wild plants or animal products derived there fom without «
pesmi frum the PAMB;

cniserai explorations or extraction witkn
deficed bezein;

the Protected Landscape as

cause, ebsadoament or by colunarysuneader—


aggregates, send and other quarcy marenals
emit from the PAMB or withou: other permits required under

Conducts quay opersnon
without 2 p
Es

we

sting laws

£ espinsives, noxious substances, electricity or
ree (3) centimerers between the knots whea

gages an Sshing with the use
¢xf ners with mesh below
stretched;

»

without authorzation.

owe, gather, take nmber or fores: products from che forest ‘aeds

‘allores the bodies, air and land sreas in any way of the prorected areas;

vishment of infrastructure and ocher mac-made projects withour
authorization and clearances for che PAMB and other government agencies

sevolved in the granting of cleasances.

biedivecsity and conservasor

3 Valuation of the.damage shal
Geraaons a5 well as aesthetic and scenic value.

pot less chan P5,000.00 but noc more chan P250, 090.08 and/ o2 imprisonmeat of aot
Jews taan exe (2) year of more than five (S} years and the restoration and rehabiiitanon of the

damage si! be impose upon any person who:

sing, earth-Alling activities or stone- walkag
uader exisuny laws, rules anc

opograpay through digging, bl:
iret from all proper authonties a5 recu!
regalanicas and from the PAMB.

deface:

Damages roads, mails, or eaves them it damaged coadition, or munlates
Ser vandalizes any object of aatura’ o: scenic value withm the Provected

te

Landscape:

“Congas oF pemmmmemny-Hied-otsmuense sehout s permit fom the LAMS

oxber requisite pemmw's under existing laws, such es but not imited co
jorks requzenents acd Environmental Compliance

mitho:
sacicipa permits, public w

CestiScare (ECC}:

ures, removes, destroys or defazes boundary works, buoys or sign in the Protected

43
Landscape pur up by the PAMB.

C. A fine of less thax PS, 000.00 or not more shan P1,000.00 and/ o- imprisonment from one (")
sue co Gree 3) years shal! be imposed upon any person was

3 Zone us herein defined wathour a

Occupies jands classified as Sect Proter
jegal nstument for such occupation;


solates any roles and seguistious in the management plan of the PAMB o-
‘ore the PAM ix 116 exercise of adjudicative funccons:

seemenis teached bei

5 Demps any waste materials on laac or anv bodies of water eg, river, other than
te exens idennfied as dumping sites by the concemed focal governments, or

eves exposed or in ausanitary condiuon on aad oz any bodies of water ey.

aman waste or refuse:

ro release ic when accidentally

mares any protected species or
guught of ound beached;

Kaowingle hrings/ineroduces into che Protected Landscape any exotic species
substances which may pose @ hazard :o public health, protected species habs

lation ox seenery

ne 3

1s our of the Prorected Landscape lsve species without certification of toxic

auardous substances testing,

oo PAMB, shali speci

sses insmmument/ equpment without cleacance
for which ie can be 299)

1 the legal ust
char: PS, 0041.00 nor more than P300,200.00 and/ or imprisonment of not ‘ess

cmoxe chan fire

i be se:posed upon;

Any person who shal) induce another or conspire +o commit any of the above
joes or suffer cheir workers to commit aay of che above acts shall be buble in che

sranner as the one actually pecforrung

, in derelicsion of the duties of Bis
a for the ponishmen: of
wnoission of che offense shall also carsr
2 fom public office.

olis ofEcer, or office: of a,
See, stall maliciovsly from iascce
sisiators of the law, or shall talerace

airy of perperca! disqualifcat:

y

pessecuno

com. the cffectivicy of this Act, the

p-eases-of wiolation of laws, sales

SECTION 10. Special Prosecutors. Within 30 days

ce hal SppOInT 7 Spectat Prosceuror- tow
protected area shall be assigned. Su
2 PASu in the performance of his/her cuss:
aed criminal procedures,

Departnes
and reget
wae PAMB and

speciel prosecutor shall coordinate with
aad asus: in the training of wardens

CTION 11. Loca? Government Units. Local goverament ‘anits shall parricipate in ae
the Protected Landscape through its representation in the PAMB and shall ensure
of business adequately ellow for the oppo-ranity to consolidate che plans

‘ects wich the <ranagement planning process.

LD. Revenue Sharing. ‘he local government unizs within the protected area
4 charges including applicable taxes due to local government, fees for
its facilities and other revecues within the powers of the

SECTIO?
bail continue 10 co‘iect fees 25°
focal govemmen: services or the use



ed Peoveeted ‘nea Fund set ep wider Repasic Set 7586 shall inchide taxes from
Se wilé flora aod fauna, dorativns, endowments, consibusions and grants from:
poses of the protected area aad the pobcy declaravon herein bur subject we
indissons as may be anposed by the donor or grantor, proceeds from the lesses by
such revenues as che PAMB may iegally impose and collect,

CTION 13. Existing Kecilities within the Protected Landscape. Within 120 dx
nut af this Act, existing facilities such as zoads, duildings, water systems, and ocber
he boundaries of the Protected Landscape shall submit a project ceserisroa

submission, the PAMB, with rhe be'p of che DENR, shall determine wheznet
sata] ro she Prozected

fucaliny and iss furare pian and og
et condbuons for ies operations shat josec. Té any such conditions sre
+ shall be able to pay a ane 0: for each day of viowation. Upon
eS of P500,000.00, the PAMB chreugh she PASu aad deprtang other goverment
‘on and demolition af the faciicy at the cost of its own

cause the cesiati

axez may be charged a reasonai:

es alowed to remain w
B._All incomes from soch sovaliy saat accre to the Integrated Protected sires

SECTION 14. Utilization of encegy and Nou- Renewable Resources. Any exploratoa
resources found within this axes should be allowed only through 2 law
Nenure Resezve and Natural Parks, may
formation on energy resources and
arcas. The enexgy survey shall be
re case shall 2n exemprion Zom
ie

shes, the protected area, excep: Sec
ecgiozuion only for the purpose of gachenng ir
3 out with the least damage to the sux

sie in accordance with ¢ program by the
act Assessment (BIA) system b= made Zo: energy and nou-rene

cnjects within the protected azea

SECTION 15. Appropriation The amovs 346.00 is ixexedy appropriates fer the
of chis Acc, Thereséler, che amount aecessazy co effectively carry ou:
wnatioas Act of the year following 1:s

sus 3p
grormis of = Act shall be mcluded in che Gea

Act shal! be conscrued fiberally
che Protectec Landscape. Tae NPAS Act shall have suppletory etfece is

SECTION 17. Repealing Cause, For the puzpose of the scope of this Act, the provisions

‘ice hereby modified in accordance with the provisions herein. All other law, rules
oSconsistent wich this Act are hereby repeaied or modified accondingly. Withir the
red Landscape as herein specied, the penalies unde: the N{PAS Act are hereby

perseded

wetiog of this Act hereafter deciared by

SECTION 18. Separability Clause. dav part oz

cquvanai shall not affect the other pan o: sections Eexeol.

Sos an


SECTION 19. Efé-cuively Clause. ‘Vais Ac: shali be uanslaved in Finglish and Filipino Tae
wz shall be published once a week for three (3) consecutive weeks in a newspaper of
general Grevlation, and the Filipino version in a newspaper readily available in the azea in and
Trounil the scape specified hereunder. It sball Likewise be posted in the appropriate language ir. 2
ovincial, municipal and barecgay halls within che area, 25 well as three (3;
he public. Fifteen {15} days after its last publication, chis Act shal have

English versio

coaspicumss piace in the pr
Exequentec by

full forse and effec:

Approved,



“ AT sy

Republic of the Philippines
House of Representatives
COMMITTEE ON NATURAL RESOURCES

FIFTEENTH CONGRESS
First Regular Session

MINUTES OF THE 6™ REGULAR MEETING OF THE COMMITTEE ON NATURAL RESOURCES
ON JUNE 8, 2011 (WEDNESDAY), 1:30 P.M. CONFERENCE ROOMS 3 & 4, SPEAKER
RAMON V. MITRA, JR. BUILDING, HOUSE OF REPRSENTATIVES,

MEMBERS PRESENT:
Hon. Francisco T. Matugas = Prasiding Officer

Hon. Digrecias B. Ramos, Jr.

Hon. Ben P. Evardone

Hon. George P. Armaiz

Hon, Randolph $. Ting

Hon, Manvel S. Agyao

Hon, Maximo 8, Rodriguez

Hon. Emil R. Ong

Hon, Carlos M. Padilla

Hon, Jesus Sacdalan

Hon. irvin M, Alcala

Hon. Jesus Emmanug M. Paras

Hon, Rodel M. Batocabe

Hon, Roger G. Mercado

Hon. Orlando 8. Fua

I, CALL TO ORDER/ROLL CALL

Honorable Francisco T. Matugas calted the meeting
the roll was dispensed with.

IL APPROVAL OF MINUTES OF THE PREVIOUS HEETING

to order at 2:00 p.m, The calling of

On a motion made duly seconded,
previous mesting was dispensed wi

TIL. INTRODUCTION OF GUESTS/ RESOURCE PERSONS
acknowledged the guests and resource persons in attendance.

jth and the same was approved.

The Committee Secretary

IV. REMARKS FROM THE CHATR

last mazting of the committee for the first

Chairman Matugas said that the meeting was the
coming from different agencies who

regular session. He lauded the members and experts
had contributed 2 lot in every deliberation of the bills.

| there baing no cbjeciion, the resdii
There being no objection, He Tesdiig of minutes of thre ————-—--


STEON ON THE FOLLOWING:

1. House Bill No. 1296, ertitiad: AN ACT DECLARING CERTAIN PARTS OF CAGAYAN DE
CRO CITY TO BE KNOWN A THE CAGAYAN DE ORO WATERSHED AS A PROTECTED

BREMANDSCAPE AND NATURAL MONUMENT UNDER R.A NO, 7585 or NIPAS
PRIMI. TTS MANAGEMENT, APPROPRIATING FUNDS THEREFOR,” by Hon.
Rufus 8 Rocinguez and Maximo B. Rodriguez

HB 1396 would put certain parts of Cagayan de Oro
ly in the place. According to him Cagayan de Oro
problem on water supply.

Rez. Maxime B, Rodriguez said that
Cay under NIPAS to ensure water SUD!
Gity ts becoming a big cty and already experiencing 2

gagional Technical Director (RTD) Belen Dave of DENR-Region X expressed full support
fo the passage oF the bill nto law. However, she recommended that Section 3 of the bill
be mended to include only areas of Malaseg and Mahuganao of Bray. Cugman and
Batinay of Brgy. Tagpangi. She explained that the DENR-Region % in its Protected
‘Areas System Assessment of the subject area (PASA), reported that only the above-
aoe svees are suitable for inclusion to NIPAS. There are alienable and disposable
fae Fat are being embraced in the proposed area. This report had already been

presantad to the authors of the bill, she added.

ie. Jesus Gerardo of the National Mapping and Resource Information Authority

{NAMRIA) interposed no objection to the bill,

Rep. Rodriguez agreed to the said amendment but he said that he would still confiren it

to the people affected by the bill.
duly seconded by Rep. Mercado, there

Rep. Ramos moved for the approval of HB 1396,
to the DENR‘s recommendation.

aing no objection, the same wes approved subject
DECLARING BARANGAY DACALAN IN THE

KALINGA, A WATERSHED FOREST
RATED PROTECTRED AREAS SYSTEM

2. House Bill No. 2250, entitled: AN ACT
MUNICIPALITY OF TANUDAN, PROVINCE OF
RESERVE AND PART OF THE NATIONAL INTEG
(NPAS)," by Hon. Manuel S. Agyao

a refiled bill, He said that declaring Brgy. Dacalan as

Rep. Agyao said that his bill is
tial because the water supply in the municipality of

— - watershed-forest-reserve_is_essenl
This is due t unabated deforestaver, improper far ~

Tanugan is in 2 critical level.
pracboes, and other similar activ
area. The dill would also response the
interest of the Kalingas for water and watershed con:

ities that caused degradation of forest resources in the
.e commitment of congress to address the need and
servation and protection.

sic, Jost Behis of DENR-CAR expressed full support to the passage of the bill Imo law.
eel Par the proposed area is biologically significant and important source of potable
Teer in the municipality of Tanudan and other areas downstream the Tanudan (ys
Fowevar, he suggested that Mountain Province be incuded in the pill because the
proposed area has 2 contiguous forested area in the side of Mountain Provint Hence,
the proposed protected! area would be 9,252 has and has 2 breakdown 2% follows: the
art of Kalinga is 3,084 has. and on the part of Mountain Province |S 6,168 has. They
Siready submetad the documents to the Protected Areas and wildlife Bure2u (PAWS) for

further evaluation.


Rap. Agayao noted the latter's recommendation.

jection to the bill and said that they would

Mr. Jesus of the NAMRIA pased no obj
1 descriptor: of the proposed ares.

‘coordinate with the NAMRIA-CAR re technical

seconded by Rep. Mercado, there being no

Moved by Rep. Maximo C. Rodriguez, duly
ipject to the submission of the technical

‘objection, the panel approved HB 2250 sul
description by the NAMRIA.

House Bill No. 3229, entitled: "AN ACT ESTABLISHING THE SAMAR ISLAND NATURAL
PARK (SINP) SITUASTED IN THE PROVINCES OF SAMAR, NORTHERN SAMAR, AS

PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS

MANAGEMENT PURSUANT TO REPUBLIC ACT NO. 7586 OR THE NIPAS ACT OF 1992,

AND FOR OTHER PURPOSES,” by Hon. Ben P, Evardone
jon to HB 3219 was filed in the 14% Congress. It
Fecced in the House of Representatives but was not acted upon Yh the Senate. Thus,
Peeime mambers of congress of the whole island of Samer decided 10 rele the bill
ee att basically dedtares 2 major partion of Samar Island as national park, He assured
eee ine aging private aights within the proposed area would be respacted. Tis bilt is
supoorted by NGOs especially the religious sectors of the entire country, he added.

RTD Danilo 3avier of the DENR-Region VITT interposed no objection to the bill. However,
he suggested that Section 13, Par. 2 be amended to exclude the municipalities of Oras,

Arteche, Dolores, and San Policarpio, all in Eastern Samar.

Rep. Evardone said that similar versi

Rep. Evardone noted the latter’s amendment.

Ms. Rosario Cabardo, Dr. Jaime Sanico, and Mr. Agustin Dosena representing Bishop
Igabdo Abarquez of the Diocese of Calbayog, Bishop Emmanuel Trance of the Diocese of
Catarman, Bishop Crispin Varquez of the Dioces2 of Boro, respectively, expressed full
support to the passage of the bill into law. Since the bill wes first filed in 2003, together
rena: NGOs they have been supparting the SINP bill for which its realization a

cherished dream of the whole populace of Samar.
‘on a motion of Rep. Batocabe, seconded by Rep. Paras, there being 10 objection, the

body approved HB 3219 with the member ent 2s. coauthors. _

titled: AN ACT ESTABLISHING THE BULUSAN VOLCANO NATIONAL

. House Bill 3439, ent
SORSOGON, AND APPROPRIATING FUNDS THEREOF,” Hon.

PARK IN BULUSAN,
Deogracias B. Ramos
sored HB 3439 using its explanatory nite. He stated that aside from
being @ home to @ number of wildlife species, tt is also 2 tourist destination for those
who enjoy swimming, hiking, spelunking, treklang and others. Nevertheless, with its
wich vegetation and abundance of flora and fauna, i has become vicim to illegat logging,

ming, and squatting. He stressed the need to dectare this aréa 95 national park to
gue beter protection against these existing threats. He added that tthe bill also enlarges

the coverage of the Bulusan Volcano National Park.

Rep. Ramos

Forester Juan B, Belardo of the DENR Region V expressed full suppor to the bill

3


eg, Barocabe expressed full support to the bill. he confirmed the urgency of Rep.
Ramos wath respect tb the establishment of Bulusan National Park since he also comes

from the Bicol Region.

Mr, Daniel P. Jasmin of the office of the governor, Sorsogon, expressed support the
cesezne of the bil into law. He said that the governor hhas the same vision with respect

tc the intention of the bill.

ap. Batocabe moved for the approval of HE 3439, seconded by Rep. Padilla, there
peing no objection, the committee approved the same with members present. as CO-

authors.

5. House Bill 3477, entitled: AN ACT ESTABLISHING PENABLANCA PROTECTED

PNDSCAPE AND SEASCAPE (PPLS) LOCATED IN THE MUNICIPALITY OF PENABLANCA

PROVINCE OF CAGAYAN, AS A PROTECTED AREA AND ITS PERIPHERAL AREAS AS

BUFFER ZONE,” by Hon. Randolph S. Ting

pep. Ting said that Penablanca Protected Landscape is one of the most famous
versity and a home to threatened endemic

fpndscapes in the country. Tt 35 rich in biodiv
species. Potting it under NIPAS would ensure protection and conservation of its unique

Fae. oreaver, te area is very crucial to the sociesemnel progress of Cagayan
Heanaune it ig.a source of water supply of Penabllanca ‘and Tuguegarao City.

Rep. Ting also said that his bill also increases the ares covered by PPLS from 4,136 has.

to 118,781,582 has.
essed support to the bill.

moved for the approval of HB 3477, seconded by Rep.
‘on, the committee approved the same.

RID Jovitn B. Layugan, Jr. of DENR Region Hi ep

Rep. Maximo 8. Rodriguez
Mercado, there baing no object

ited: AN ACT TO ESTABLISH THE MAULAWIN SPRING

6. House Bill No. 4538, ¢
MANAGEMENT AND FOR OTHER

PROTECTED LANDSCAPE, PROVIDING FOR mrs
PURPOSES,” by Hon. Lorenzo R. Tanada Hl

8 using the explanatory nate, He said that there is a need
latershed. Forest Reserve @5 & protected area to protect ft

Rep. Alcala sponsored HB 453!

to desare Maul

to deceriscriminate explotauon and to maintain and present its :
ociawin Spring is the only source of potable water of ‘che municipality of Gulyangan
ee gurounding communities in the province of Quez>n, thus, its conservation and
Protection is of the utmost urgency.

the DENK-Region 44 exoressed full support to the bil, The
vwarsity and must be preservet! and protected. He disclosed
nd registration of the protected ares

For. Victor Mercada of
subject area is rich in bio
that they already conducted the PASA, survey, 2
occupants and the are.

Rep. Mercado moved for the approval of the bitl, seconded by Rep. Amaiz, there being

rnp objection, the body approved HB 4538.


ESTABLISHING MARINE PROTECTED AREAS IN

7. House Bilt 3255, entitied: AN ACT
THEREOF AND FOR OTHER PURPOSES,” by

GUIMARAS STRAIT, PROVIDING FUNDS
Hon. Jeffrey P. Ferrer

Rep. Mercado sponsored HB 32!

RD Damaso Fuentes of DENR Region VI expressed
bill. He said that Guimaras Strait harbors diverse spec
te nave special low to ensure its Sustainable management. ti
that there are two categories in establishing manne

TIPAS and undes Fisheries Code of the Philippines. He stated that HE 3055 is under the
Tiavenes Code of Philippines, thus, he suggested that the Project Management Office
(PMO) will be the Local Government Units (LSU) and the funding provision of the bill

should be the LGU concern.
the latter to submit his agency's pasition paper on HE 3255 to the

55 using its explanatory note as his introduction.

full support 10 the passage of the
1es of flora and fauna and it is vital
levertheless, he clarified
area, These are under

Rep. Paras directed
committee.

ety. Nunez of Provincial Management Office, Negros Occidental expressed her support
Yee immediate approval of HB 3255 subject to their recommendation stated in their
postion paper. She also said that the bill should include ‘technical description as well as

the map prepared by the NAMRIA.

Atty. Nunez also informed the committee that the NAMRIA has already prepared a map
based on the delimitation of the area that the LGU of Negros Occidental underwent in.
the past years and the proponent can just attach it in the bill

Mr. Gerardo clarified that NAMRIA is involved in the preparation of the technical
description of the Guimaras Stait municipal waters

Moved by Rap. Padila, duly seconded by Rep. Mercado, there being no objection, the
semittee approved HE 3255 subject to the submission of the technical description by
the NAMRIA and amendment of the DENR-Region VI.
6. House Bill No. 2121, entitled: AN ACT RECLASSIFYING THE 15.6587 HECTARES OF
BIND WITHIN LOT NO. 734 OF CAD 115, BAIS CADATRE FROM TIMBERLAND TO
7 INI. ALIENABLE AND DISPOSABLE LAND FOR SOCIALIZED

HOUSING PROJECT,” by Hon. George P. Arnaiz

ep, Amaiz sponsored HB 2121 using the explanatory note 36 his introductory
See io said that similar bill underwent exaustve and lengthy discussions in the
Fiat congress but ft did not pass on third reading in the House of Representatives. He
SoG that Mayor Karen Villanueva of Baiz City, Negros Occcental told him that there is
Sieady 2 Cerbficate of Tile issued over the land subjected in HB 2121 and Regional
a eetY 4 Oiector Isabelo Montejo of DENR Region VI also informed him that the tithe

allegedly issued to his land js questionable and the Court hac already nullified it

the passage of the bill into iaw. He said per
ela vocad that the subject land was piled in the name of Villanue® which was
contested in Caurt by another Vilanueve. Upon intervention of thé DENR, it was
suited by their Geadetic Enginear that the some is witin the land classified 2
bmberland for fishpond development. Ergo, even there is 2 Certificate of Titie issued on

5


the tend py the Registry of Deeds it is stil contestable because of 1S current

dassificabon.

RTD Montejo clarified further that the area ts 23.
developed as residential and in fact had been pr

Pres, Gloria Macapagal-Arroyo.
Rep. Amaiz said that his bill is stil! necessary.

of the land subjected in HB 2121 (the 15.5 has. -
there was a petilion in Court for title for
9 a Certificate of Title was Issued by the
Court over that 15.5 has. under the name of the Republic of the Philippines thereby
made it a private property of the Repubtic of the Philippines. She believed that the title
that RTD has stated is the one that was daimed by Villanueva’s and not her which ts
tre the mame of the Republic ofthe Philippines. She further stated that the one under
PD 881 issued by Pres. Arroyo bears ‘exact technical description as that of HB 2121.

8 has. and 15.5 has. of which is already
roclaimed as socialized housing area by

Reacting thereto,

Mayor Vilianueva presented the history

The Chai directed Hon. Villanueva to submit the said Certificate of Tie to the

committee.
ere was already a Certificate of Title issued in the
ere is already 2 prodamation issued
the mayor presumed that

Rep. Amaiz observed that because the
name of the Republic of the Philippines and since Dr
by President Arroyo declaring this as a socialized housing area,
there is no need to pass his Dill.

e basis of the issuance of a Certificate of Tite in favor of the

Asked by Rep. Paras on thi
‘the mayor said that he is just @ mayor for 8 months.

Republic of the Philippines,

Rep. Amaiz also said that he is not familiar with the case and he is just familiar of the
cteabon of the area to be converted into alienable and disposable land. He believed
chat there is a néad to pass his bill in order to transfer legal title to the beneficiaries.

RED Zuniga of DENR-4A informed that the area was surveyed in 1926-1917 and that
ty ciscfication only came in 1919, thus, there was no reclassification during thet
ee eWhetnar or not it iS within timberland or even the dtle was issued over
“fapeviand, © indingfar—all inteat_ancl_purposes because _land
Gassification only teok effect in 1919 and this was in 1916-1917. He inquired when the
Certificate of Tie was issued.

d the Certificate of Title was issued after the

21D Montejo repited that per OENR recor
'd therefore it is inappropriate for the Court to

reclassification of the land as timberland an
issue title.
ie issued by the Registry of Deeds was

Rep. Amaiz argued that when the Certificate of Tt!
hon as timberland therefore it is really

nullified, the land returned to its original classifical
necessary to approve his bill

of the bill and was just
a parrimonial property of
as reclassification of

yion, Villanueve darified that she never contasted the purpose
concerned because of the title issued by the Court mating it
the state thereby making it beyond the power of Congress as far


land, Nevertheless, if there is really a need for an act of Congress to make it final tnen
she would support it.

Mowed by Rep. Mercado, duly seconded by Rep. Fua, there being no objection, the panel
aaprovad HB 2121.

VI. Other Matters

HR 1133, entitled: “A RESOLUTION DIRECTING THE COMMITTEE ON NATURAL
RESOURCES TO CONDUCT AN INQUIRY IN AID OF LEGISLATION ON THE EFFECTS OF
EXECUTIVE ORDER (EO) NO. 23, DECLARING A LOGGING MORATORIUM, ON THE LOCAL
TREE PLANTERS AND WOOD CUTTING PROCESSORS OF MISAMIS ORIENTAL, GINGOOG
CITY AND CAGAYAN DE ORO CITY,” by Hon. Maximo B. Rodriguez and Rufus B.
Rodnguez

Rep. Maximo 8. Rodrigue said that the intention of Executive Order 23 ts leudable and
DENR is effective in implementing the same. However, he stated that this EO resulted to
Joss of jobs of many people who principally rely on timber industry in the areas of Misamis
Oriental, Gingoog Cty and Cagayan de Oro City. Wood processors (big or small) are
required ta comply with a 5-year los supply contract within one month from the effectivity
of EO 23, which according to him, impossible to comply with

President of Philippine Wood Producers Association (PWPA) expressed

He said that their presence is very
plementation of EO 23 and made

Mr. Antonio Olizon,
dismay on the absence of some DENR officials.
essential because they are the ones in charged in the im
the implementing Rules and Regulations.

Mr. Olizon articulated that some sections of ZO 23 or subsequent order of the DENR Task

Force resulted in a lot of confusion and has affected a lot of people not only in Region X
but in the other regions of the country. He stated that £0 23 requires every sawmill (big
ld cause closure of a

‘or smaff} to secure a five-year tog supply and failure to comply it wou!
cerain wood processing plant. It is not realistic because their business is dependent on

market forces. He further stated that there is 3 need for congress to look closely into the
s3id provision and the order issued by the DENR. He requested that the DENR officials be

present in the next committee hearing.

Min Mariano JESSE Velez, Ir member-of the-beard PPA requested for the DENR to_
revert back the application and renewal of wood processing permits to regional level

because “tree plantation’ is exempted from the implementation of EO 23. He also
requested the Committee on Natura! Resources to request the President to amend item
25 of Section 2 of EO 23. This item is the basis of the wood processing plant perms’s
tenewal which is impossible for the small wood processors. He further requested the

committee to amend RA 460 - regulating the sawmill operations to include other laws
applied to sawmills which have been —hampering the growth and the sustainability of
Finally, he requested the

timber industry particularly for the entire tree plantation.
committae to request the DENR to review the mandate of £0 23 particularly on forestry

concern and recommend reforms to include better budget to transform the agency into &
development partner rather than a mere regulator

Forester Sart Oivveros of the DENR-Central Office lanified that plantation species are not
covered in EO 23 and his agency issued a memorandum for this matter. He also said that
the DENR tas also issued another memorandum stating that the DENR Regional Office

7


can accept and process new and renewal of Wood Processing Permits with the same
Sie sion of FO 23 25 a requirement. The 5 year log supply contract I sill being

reviewed by the DENR.

ve. Mike Ignacio of Philippine Exports reiterated that failure to comply with a S-year log
gupply contract would result to the closure of the wood procéssig plants. The DENR is
only refernng to production side but on processing sicle everything is required of them. He
explained that in processing plantation tres ‘the wood processors are required to submit
SREP documents to the DENR-Central Office to have them approved ‘and back to BENR

region.
egion X recommended that item 2.5(Sec.2) of EO 23 be

RTD Belen Dave of DENR Re
“Should be given tp the wood processors te secure the

reconsdered and ample time
susainable source of legally cut logs as their raw materials. She stated that she already
Submited to the committee and DENR - Central Office their position paper on the matter.

Rep. Maximo Rodriguez suggested that the DENR would recommend that item 2.5 (Sec.2)
eee) 93 shall De held in abeyance and since ample time is recommended By the DENR in
srainag the seid requirement there must be no cancellation or suspension of wood
processing permits while itis sti to be studied,

th the latter and moved that the committee would suggest to

Rep. Padilia concurred wit
lementation of tem 2.5 of Sec. 2 of EO 23 while studying it

hold in abeyance the imp
further.

Moved by Rep. Padilla, duly seconded by Rep. Ong, there beng No objection, the
Mowe ce girected wood processors including the Philippine Exports to submit their

position papers to the committee.
ADJOURNMENT

‘The meeting was adjourned at 4:11 p.m.
CORRECTNESS OF THE FOREGOING MINUTES.

HEREBY CERTIFY TO THE
Prepared by: _

VENERANDO C.|LOFRANCO
Supervising Legistatlve Staff Officer I
Noted Oy:
fader” ”
RAUL. T
Committee Secretary
Approved by:

FRANCISCO T. MATUGAS:
Chairman

g


hurr

eq Republix atthe Bhilippies
House of Representatives
Qurcon Gity, Mets Manila

June

HON. FRANCISCO T. MATUGAS,
Chairman

‘omnmirtes on Natural Resources
House of Representatives

Dear Chairman Matug

Pleese he informed that the Committee on Appropriations recommends the approval of
House Bili No, 4538. entitled “AN ACT TO ESTABLISH THE MAL'LAWIN SPRING.
PROTECTED LANDSCAPE AND PROVIDING FOR ITS MANAGEMENT AND
FOR OTHER PURPOSES AS MANDATED FOR BY THE NIPAS ACT OF 1992”.

with the following amendments:

a) On Section 6. page 5, item B, |" paragraph, delete the provision and in lieu thereof
substizute the following

i “OFFICE OFTHE PROTECTED AREA SUPERINTENDENT.
THERE 1S HEREBY ESTABLISHED A PROTECTED AREA
SUPERINTENDENT'S OFFICE IN| CHARGE = OF ~— THE
MANAGEMENT. PROTECTION AND ADMINISTRATION OF THE
PA. THE PASu SHALL BE SUPPORTED BY THE EXISTING
PERSONNEL OF THE DENR. THE HEAD OF OFFICE SHALL BE
THE CHIEF OPERATING OFFICER OF THE MAULAWIN SPRING
PROTECTED LANDSCAPE OR PA AND SHALL BE
ACCOUNTABLE TO THE REGIONAL EXECUTIVE DIRECTOR OF
THE DENR REGION 1V-A AND THE PAMB.

by On Section 7. page 6, delete the entire section and renumber succeeding sections
aceardingiy.



=) On Section |S. page 9. delete the entire provision and in lieu thereof substitute the
following:

SECTION 15. APPROPRIATION, - THE SECRETARY OF TIE DENR
SHALL fMMEDIATELY INCLUDE [N THE DEPARTMENT'S
PROGRAM THE IMPLEMENTATION OF THIS ACT. THE FUNDING OF
WHICH SHALL BE [INCLUDED [NX THE ANNUAL GENERAL

APPROPRIATIONS ACT.

Thank you and warmest regards,

Very weuly yours.
KEL

JOSEPH'EMILIO AGUINALDO ABAYA
C.

ce: Depiny Speaker Lorenzo R. Tunas IU