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3'h Congress 
) 
Republic of the Philippines) 
Third Regular Session 
) 
* ~ 5 . ~ f ~ ' % 9 p ~ >  
" y ' 
SENATE 
SB 
9 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
This is a counter-part bill of House Bill 5839 sponsored by 
Representative Danilo P. Lagbas of the First District of Misamis Oriental. 
This bill proposes the creation of the Mt. Balatukan Range Natural 
Park. Under this measure, Mt. Balatukan Range is hereby established as 
a protected area under the category of natural park, to be known as the 
Mt. Balatukan Range Natural Park, and the areas within its peripheral 
areas as its buffer zone. Such protected area and buffer zone shall 
become part of the National Integrated Protected Area System (NIPAS). 
The Mt. Balatukan Range Natural Park shall cover lands of the public 
domain located in the city of Gingoog and the Municipalities of Claveria, 
Medina, and Balingasag, all within the Province of Misamis Oriental. 
Protected Area Management Board, which shall be the policy- 
making body of the protected area, is hereby created under this measure. 
There shall likewise be a Protected Area Superintendent (PASu) within the 
DENR, who shall serve as the chief operating officer of the Mt. Balatukan 
Range Natural Park. 
There is hereby established the Protected Area Fund for the Mt. 
Balatukan Range Natural Park as a special trust fund and shall be 
disbursed solely for the protection, maintenance, administration and 
management of the protected area. At least seventy-five percent (75%) of 
the funds collected shall form part of Mt. Balatukan Range Natural Park, 
which shall be solely disbursed for its use and shall be exempted from 
being deposited in the National Treasury. 
The immediate passage of this bill is earnestly requested. 
A 


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1 3'h Congress 
) 
Republic of the Philippines) 
Third Regular Session 
) 
SE 
SB 
. ~ ~ . ~ , . ~  
,,, - , %  
v .  
Introduced by Senator Aquilino Q. Pimentei,'Jr. 
// 
AN ACT 
ESTABLISHING THE MT. BALATUKAN RANGE LOCATED IN THE CITY OF 
GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, MEDINA, AND 
BALINGASAG, ALL IN THE PROVINCE OF MlSAMlS ORIENTAL, AS A 
PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, 
PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES 
Be if enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title.- This Act shall be known as the "Mt. Balatukan Range 
SECTION 2. Declaration of Policy.- Cognizant of the profound impact of 
man's activities on all components of the natural environment particularly the 
effect of increasing population, resource exploitation and industrial advancement, 
and recognizing the critical importance of protecting and maintaining Mt. 
Balatukan Range's unique biological resources, its ecological and aesthetic 
importance to sustain human life and development, as well as plant and animal 
life, it is hereby declared the policy of the state to ensure its protection and 
conservation and preserve and promote the culture and way of life of the 
communities therein in accord with the rhythm and harmony of nature. In so 
doing, the state shall ensure the protection and conservation of its biological 
diversity, promote sustainable and participatory development, and honor and 
protect the interests of its legitimate inhabitants and their customary laws. 
Natural Park Act." 
SECTION 3. Category.- Given the physical, natural features, and socio- 
cultural and economic importance that contribute to its valuable role as life 
support system for the people living within if, the Mt. Balatukan Range is hereby 
established as a protected area under the category of natural park, to be known 
as the Mt. Balatukan Range Natural Park, and the areas within its peripheral 
areas as its buffer zone. Such protected area and buffer zone shall become part 
of the National Integrated Protected Area System (NIPAS), subject to such right 
as are provided for in this Act. 
SEC.TION 4. Scope and Coverage.- The Mt. Balatukan Range Natural 
Park shall cover lands of the public domain located in the city of Gingoog and the 
Municipalities of Claveria, Medina, and Balingasag, all within the Province of 
Misamis Oriental. It shall have the following boundaries: Beginning at a corner 


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marked "1" which is located at 124"57'21" E and 8"47'35" N near the junction at 
Kihangad River and a branch creek S 75"22'45" E, 950.79 m. 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
N 76'48 W 
N 81"36'W 
N 30"20 W 
N 62"05' W 
N 34"40' E 
N 23'26' E 
N 89"OI' E 
S 84"30' E 
S 85"28 E 
S 70'38' E 
N 87'44' E 
S 18"42' E 
S 15"45' W 
S 03"03' E 
S 18"39' E 
S 71"27' E 
N 6930' E 
S 78'47' E 
S 84"32' E 
S OW17 E 
S 36'59 E 
S 3943' E 
S 3937' E 
S 35"20' W 
S 71"44'W 
S 40"40' W 
N 65"lo W 
N 49'50 W 
N 76"OO' W 
N 58"12'W 
N 76'25' W 
N IO"20' E 
1,683.50 m 
1,620.90 m 
2,253.40 m 
1,667.00 m 
2,012.90 m 
1,253.60 m 
2,227.20 m 
933.50 m 
1,791.40 m 
1,889.60 m 
647.80 m 
356.00 m 
397.20 m 
1,274.60 m 
1,790.40 m 
1,348.60 m 
696.20 m 
748.20 m 
647.80 m 
662.50 m 
2,238.10 m 
1,335.30 m 
931.80 m 
407.80 m 
1,266.90 m 
2,381.90 m 
1,070.00 m 
1,800.00 m 
1,450.00 m 
2,847.17 m 
1,234.54 m 
1,920.00 m 
to corner 2 
to corner 3 
to corner 4 
to corner 5 
to corner 6 
to corner 7 
to corner 8 
to corner 9 
to corner 10 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner I 9  
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to corner 32 
to corner 1, the 
point of beginning, containing an area of Eight Thousand Four Twenty-Four 
(8,424) hectares, more or less subject to actual ground survey. 
The Buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
"1" which is located at 124"57'00 E and 8'47'22" N, near the junction of 
Kihangad River and a branch creek N 66"48'05" W, 456.94 meters, 
40 
Thence 
N 82"16'W 
3,266.70 m 
to corner 2 


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Thence 
N 31"13W 
N 60"04'W 
N 33"28' E 
N 26"45' E 
N 86"02' E 
N 69"53' E 
S 64"44' E 
S 86"49 E 
S 59"Il' E 
Due East 
S 31"51' E 
S 07'35' W 
S 2742' W 
S 03"OI'W 
S 18"02' E 
S 78"25' E 
N 31"49 E 
S 7757' E 
S 82"30' E 
S 04"45' W 
S 34"37' E 
S 31"14' E 
S 37'20' E 
S 56'48' W 
S 15'17' E 
S 71"25'W 
S 31'28' E 
s 3430' w 
S 2435' E 
S 71'14'W 
N 61'59' W 
N 50"32' W 
N 71"06 W 
N 52"44' W 
N 73"02' W 
N 19"31' E 
2,428.20 m 
1,820.10 m 
2,178.00 m 
1,428.50 m 
1,725.70 m 
1,962.40 m 
2,046.20 m 
721.80 m 
1,212.20 m 
720.70 m 
872.60 m 
303.20 m 
429.90 m 
1,143.60 m 
1,609.20 m 
899.1 0 m 
318.70 m 
1,248.60 m 
1,114.20 m 
965.00 m 
2,361.40 m 
1,157.00 m 
1,483.50 m 
692.70 m 
341.40 m 
1 ,I 
39.60 m 
420.10 m 
84.30 m 
94.20 m 
1,440.70 m 
1,840.70 m 
1,713.10 m 
1,313.60 m 
2,890.06 m 
1,885.14 m 
to corner 3 
to corner 4 
to corner 5 
to corner 6 
to corner 7 
to corner 8 
to corner 9 
to corner 10 
to corner 11 
to corner 12 
to corner 13 
to corner 14 
to corner 15 
to corner 16 
to corner 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to corner 22 
to corner 23 
to corner 24 
to corner 25 
to corner 26 
to corner 27 
to corner 28 
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to corner 30 
to corner 31 
to corner 32 
to corner 33 
to ,corner 34 
to corner 35 
to corner 36 
to corner 37 
1,420.60 m 
to corner 1, the 
point of beginning, containing an area of One Thousand Two Hundred Twenty- 
Two (1,222) hectares, more or less subject to actual ground survey and 
delineation. 


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SECTION 
5. Definition of Terms.- The following terms are hereby defined 
for the purpose of this Act: 
a. “Ancestral Domain” refers to all lands and natural resources occupied 
or possessed by Indigenous Cultural Communities, by themselves or through 
their ancestors, communally or individually, in accordance with their customs and 
traditions since time immemorial, continuously to the present except when 
interrupted by war, force majeure, or displacement by force, deceit or stealth. It 
includes all adjacent areas generally belonging to them and which are necessary 
to ensure their economic, social and cultural welfare. 
b. “Indigenous Cultural Communities (ICC)” refers to a group of people 
sharing common bonds of language, customs and tradition and other distinct 
cultural traits, as further defined under Republic Act No. 8371 or the Indigenous 
People Rights Act (IPRA) of1997. 
c. “National Integrated Protected Area System (NIPAS)” refers to the 
classification and inclusion of all designated protected areas into one system 
pursuant to Republic Act 7586 or the National Integrated Area System (NIPAS) 
Act of 1992 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. 
d. “Non-renewable resources” shall refer to those resources found within 
the protected area, the natural replenishment rate of which either not known or 
takes more than twenty-five (25) years. 
e, “Buffer Zone” refers to specific areas outside the boundaries of and 
immediately adjacent to designated areas that need special development control 
in order to avoid or minimize harm to the protected area. 
f. “Protected Area” refers to the identified portions of land and water, set 
aside by reasons of their unique physical and biological significance, managed to 
enhance biological diversity, and protected against destructive human 
exploitation. 
g. ”Natural Park” refers to the relatively large area not materially altered 
by human activity where extractive resource uses are not allowed, and 
maintained to protect outstanding natural and scenic uses of national or 
international significance for scientific, educational and recreational use. 
h. “Tenured migrants” refer to occupants within the protected area who 
have actually and continuously occupied such area for five (5) years before the 
designation of the same as protected area and are solely dependent therein for 
subsistence. 
i. “Biodiversity” refers to the variety of life in all its forms found on earth. 
j. “Protected Area Management Board (PAMB)” refers to a multi-sectoral 
body tasked to adopt policies, promulgate rules and regulations, and undertake 


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planning activities for the appropriate management strategy to ensure resource 
protection and the general administration of the protected area. 
k. “Private rights” refers to the right of individual persons to own, under 
existing laws, and in the case of indigenous cultural communities, rights of 
possession since time immemorial, which possession may include, places of 
abode and worship, burial grounds and well-defined territories. 
1. 
“Protected species” refers to any individual species of plants and 
animals that is or shall be declared as protected under Philippine laws, rules and 
regulations issued by the DENR, species listed as protected against trade, 
hunting and harvest under international conventions to which the Philippines is or 
will become a signatory such as, but not limited to, the Convention on 
International Trade of Endangered Species (CITES). These include species, 
which may be restricted for use under regulations issued by the Protected Area 
Management Board (PAMB) or the DENR, and those particularly mentioned in 
the management plan. 
m. “Non-government organization 
(NGO)” 
refers 
to 
any 
civic, 
developmental or philanthropic organization, which is multisectoral in character. 
n. “People’s Organization (PO)” refers to any grouping of people formed 
to advance the interests of the sector being represented, provided such sector is 
marginalized, poor or disempowered. 
0. “Public Consultation” refers to a meeting or dialogue between or 
among concerned or affected individuals within and outside the protected area 
designed to identify and resolve issues and problems affecting them. 
p. “Secretary” refers to the Secretary of the Department of Environment 
and Natural Resources. 
SECTION 6. Institutional Mechanisms.- The following administrative and 
policy-making mechanisms shall apply: 
be the policy-making body of the protected area. It shall be composed of 
(A) 
There shall be a Protected Area Management Board, which shall 
The Regional Executive Director of the DENR Region X, 
who shall act as the Chairman; 
The Provincial Governor of Misamis Oriental as co- 
chairman; 
The respective mayors of the municipalities and city with 
territory inside the protected area or their authorized 
representatives, members; 
One representative from each barangay with territory inside 
the protected area or their authorized representatives, to be 
appointed by the concerned barangay legislative councils, 
members: 


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One representative from each indigenous cultural community 
within the protected area chosen using customary practices, 
members; 
At least three representatives from local NGOs operating 
within the protected area, chosen from among the 
representatives of the organizations in an election duly 
called for the purpose, members; 
A representative from each municipality and from the City of 
Gingoog, representing people’s organizations, chosen from 
among themselves in an election duly called for the purpose, 
members; 
Representatives from other national government agencies 
with projects within the protected area, to be appointed by 
the DENR Secretary upon the recommendation of the 
concerned head of office, members; and 
The Provincial Planning and Development Officer and the 
Provincial DlLG Officer, sitting as ex officio members. 
Each member of the PAMB shall serve for a term of five years, and shall 
be considered to represent and carry the vote of such sector in all matters. In the 
case of government officials, the tenure of their membership in the PAMB shall 
be attached to the office held. 
(6) The PAMB, by major@ vote, shall approve or take necessary actions 
on: 
(1) 
(4) 
Matters relating to planning, resource protection and general 
administration of the area through the adoption of a 
management plan; 
Proposals, work plans, action plans, and guidelines including 
agreements and 
other 
related documents for 
the 
management of the protected area in accordance with the 
approved management plan; 
Delineation and demarcation of boundaries of the protected 
area, management zones, buffer zones and ancestral 
domains, and recognition of rights and privileges of 
indigenous communities under the provisions of this Act and 
the IPRA; 
Rules and regulations to promote development of programs 
and projects on biodiversity conservation and sustainable 
development 
consistent 
with 
consistent 
with 
the 
management plan; 


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Implementation of programs 
as 
prescribed in the 
management plan; 
Control and regulation on the construction, operation and 
maintenance of roads, trails, waterworks, sewerage, fire 
protection and sanitation system and other public utilities 
within the protected area; 
Monitoring and evaluating the performance of protected area 
personnel and compliance of partners to the terms and 
conditions of any undertaking, contract or agreement; 
Setting the criteria and fees for the issuance of permits for 
activities regulated by this Act or the management plan; 
Donations, proposals for funding, budget allocations and 
accountability over all funds that may accrue to the Mount 
Balatukan Range Natural Park; 
Retaining legal council, either in a permanent or temporary 
basis, to defend cases against the PAMB and personnel of 
the Office of the Protected Area Superintendent (PASu) 
whenever they are sued in connection with the performance 
on their duties under this Act; and 
Identifying tenured migrants and recommending the 
issuance of corresponding appropriate tenurial instruments. 
The DENR, through the Regional Executive Director of DENR Region X, 
or any duly authorized official shall exercise authority to oversee the PAMB to 
ensure that it is acting within the scope of its powers and functions. In case of 
conflict between administrative orders of national application issued by the DENR 
pursuant to the NIPAS Act and the rules and regulations issued by the PAMB, 
the Regional Executive Director shall notify the Secretary who shall decide 
whether to apply the rule or withdraw its application in the Mt. Balatukan Range 
Natural Park. 
SECTION 
7. Protected Area Superintendent Office.- There shall be a 
Protected Area Superintendent (PASu) within the DENR, who shall serve as the 
chief operating officer of the Mt. Balatukan Range Natural Park. The PASu shall 
have the following duties and responsibilities: 
a. Enforce rules and regulations to protect the area and its resources 
from trespassers, damage, vandalism and illegal occupancy; 
b. Seize and assume custody of apprehended items after issuance of 
appropriate seizure receipts in accordance with DENR Administrative Order No. 
c. Upon prior clearance and approval of the PAMB, recommend to the 
concerned Community Environment and Natural Resources Office (CENRO) the 
97-32; 


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disposal of confiscated cultural and natural resources such as artifacts, forests 
products, wild flora and fauna, marine of fishery and mineral resources, except 
those resources held under custodia legis; those that are the subject of donation; 
those that must be deposited with appropriate government agency, and 
resources that will be utilized for the infrastructure needs of the DENR; 
d. Issue special-use permit for game fishing, camping and other short 
term and low impact recreational activities to be undertaken for not more than 
one week; 
e. Recommend to the PAMB the zoning classification of certain areas in 
accordance with the approved Management Manual; 
f. Recommend to the Regional Executive Director of DENR Region X, 
the issuance of cutting of permits for planted trees in multiple-use and buffer 
zones for a volume up to five (5) cubic meters per applicant per year, for 
traditional and subsistence use only: Provided, That the issuance of said permit 
is in accordance with the management plan, duly indorsed by the PAMB, and 
shall not adversely affect the ecological balance of the area; 
g. Recommend to the Regional Executive Director of DENR Region X. 
with the endorsement of the PAMB after determining the ecological implications, 
the issuance of cutting permits only for planted trees in established buffer zones 
for volume five (5) cubic meters but not to exceed twenty (20) cubic meters per 
applicant per year for commercial purposes; 
h. Recommend the issuance of certificate of origin, discharge and 
transport permits, and other relevant permits for natural resources and other 
products collected/gathered from the protected area in accordance with the 
approved research agreements, gratuitous permits, and memorandum of 
agreements approved by the PAMB and the DENR, where applicable; 
i. Recommend the issuance or renewal of special use permits on public 
infrastructure projects in designated multiple-use zones and established buffer 
zones where no timber cutting is involved subject to the approved Management 
Plan of the area: Provided, That the issuance of a special permit is subject to the 
submission by the applicant of the required Environmental Compliance 
Certificate (ECC) for the project: Provided, further, That special use permit shall 
be renewed only upon determination by the appropriate DENR office that no 
condition of the previous ECC for the project has been violated; 
j. Assist the appropriate DENR office in the review of the Environmental 
Impact Statement (EIS) for proposed projects to be implemented 
k. Establish a productive partnership with the local community particularly 
with the groups concerned in the planning, protection and management of the 
protected area; 


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I. Integrate the roles of NGOs, other government agencies, and the 
m. Coordinate the implementation of all relevant activities related to 
tenured migrants and the ancestral domains claims, subject to the Indigenous 
Peoples’ Rights Act (IPRA) and related issuances; 
n. Take the lead in the implementation of the Management Plan of the 
protected area specifically in the implementation, monitoring and evaluation of 
research studies, 
survey 
and 
inventory, 
information, 
education and 
communication, ecotourism, restoration, rehabilitation and alternative livelihood 
activities within the appropriate management zones and other projects of the 
protected area and its buffer zone; 
0. Take the lead in the implementation of various activities related to the 
management of the protected area; 
p. Evaluate the performance of staff based on the prescribed evaluation 
system; 
q. Recommend the designation of staff to perform functions other than 
those inherent to their position; 
r. Approve the application for leave of absence of the staff of the Office of 
the PASu with or without commutation; 
s. Approve local travel of the staff of the Office of the PASu outside the 
DENR in the operation of the protected area; 
protected area and/or established buffer zone not exceeding thirty (30) days; 
t. Serve as head of the secretariat to the PAMB; 
u. Submit reportorial requirements regularly to the concerned Provincial 
Environment and Natural Resources Office (PENRO) and to the PAMB, and 
observe and comply with the proper flow of PA0 documents; 
v. Collect andlor receive pertinent fees, charges, donations and other 
income: 
Provided, That such fees, charges, donations and other income 
collected shall be reported quarterly to the PAMB: Provided, fina//y, That a book 
of accounts shall be maintained, which shall be certified by the accountant of the 
DENR Region X, or the nearest PENRO in accordance with DENR Adm. Order 
w. Recommend the approval of payrolls, contracts, disbursement 
x. Prepare and recommend, for approval of the PAMB, the annual work 
y. Such other functions, which may be assigned by the PAMB. 
The PASu shall be directly responsible to the PAMB and the Regional 
NO. 96-22; 
vouchers, request and issuance voucher, purchase orders and other expenses; 
and financial plans of the protected area; and 
Executive Director of DENR Region X. 


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SECTION 8. Ancestral Lands and Domains.- For the purpose of this Act, 
the following shall govern over ancestral lands and domains in the protected 
area: 
The rights of indigenous peoples to their ancestral domains are 
hereby fully recognized. Traditional property regimes exercised by indigenous 
cultural communities in accordance with their customary laws shall govern the 
relationship of all individuals within their communities with respect to all land and 
resources found within ancestral lands. 
(b) 
The following presumptions shall govern, unless proven to be 
contrary to documented or oral custom by clear and convincing evidence in the 
proper administrative or judicial proceeding providing due process to all parties 
concerned: 
(i) All lands occupied by indigenous cultural communities since 
time immemorial shall be presumed to be ancestral lands, 
Rights and obligations within ancestral lands are presumed to 
be governed by customary laws. 
(ii) Rights and obligations within ancestral lands governed by 
customary laws are presumed to be held collectively by the 
community. 
(iii) Rights and obligations within ancestral lands proven to be held 
by individuals under customary law are presumed to be held in 
trust by such individuals for the whole community. 
(iv)The continued practice of traditional and sustainable living shall 
be sufficient consideration for the State in place of the payment 
of taxes on ancestral domains. Owing to differences in cultural 
and social worldview, the provisions of this Act shall be liberally 
construed in favor of indigenous cultural communities and their 
members. 
SECTION 9. 
Tenured Migrants and Transient Farmers.- 
Tenured 
migrants are members of households that have actually and continuously 
occupied the Mt. Balatukan Range Natural Park since June 1, 1987, basing the 
data from the 1999 Survey and Registration of the Protected Area Occupants 
(SRPAO) and are substantially dependent on the protected area for their 
livelihood. 
For purposes of official documentation of rights and extent of 
occupation within the protected area, a tenured migrant household shall be 
issued a tenure instrument over such areas as have been occupied or cultivated 
since June 1, 1987 or earlier. Tenured migrants may occupy and use the area 
specified in the instrument of a term of twenty-five (25) years renewable for 
another twenty-five (25) years. The holder of the instrument, upon the lapse of 
this period, may negotiate for a new instrument and his occupancy shall be 
(a) 


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evaluated by the PAMB for purposes of such renewal. If despite consideration 
paid to current practices, areas occupied by tenured migrants are designated as 
zones in which no occupation or other activities are allowed, a provision for their 
transfer to multiple-use zones or buffer zones shall be accomplished using 
humanitarian considerations. Persons who have been cultivating within the 
protected area since June 1, 1987 are considered to be occupying such lands 
and shall be entitled to a tenure instrument restricted to cultivation: Provided, 
That the rights under such can only be transferred to direct descendants. 
Tenured migrant instruments may be cancelled for violation of the terms and 
conditions specified therein, upon the holder’s repeated refusal to comply with 
management plan or the regulations set by the PAMB, or upon voluntary 
surrender of rights. Upon cancellation of a tenured migrant instrument, the PASu 
shall take immediate steps to rehabilitate the area to return to its natural state 
prior to the cultivation or other act by the transient or tenured migrant. Tenure 
migrant instruments are transferable only to the nearest of kin: Provided, That if 
the land is left idle for a minimum of five (5) years, the PAMB shall initiate 
cancellation proceedings of the tenured migrant instrument. 
SECTION IO. Prohibited Acts.- The following shall be the prohibitions and 
penalties applicable to the Mt. Balatukan Range Natural Park: 
A. The penalties in article 309 and 310 of the Revised Penal Code andlor Section 
21 of Republic Act No. 7586 depending on the value of the resources taken, 
damaged or destroyed shall be imposed upon any person found guilty by 
competent court of: 
Hunting, destroying, trapping, disturbing or possessing of any wild 
plants or animals or products derived therefrom anywhere within 
the Mt. Balatukan Range Natural Park without a permit from the 
PAMB: Provided, That permit for these activities shall only be given 
for scientific purposes necessary for protected area management; 
Cutting, gathering, collection or removing timber or forest products 
without permits: Provided, That such permits shall only be given for 
scientific purposes necessary for protected area management; 
Entry to the protected area or possessing outside the protected 
area any wild plants or animals or products derived therefrom, 
which came from the protected area without a permit issued by 
PAMB; 
Mineral exploration or extraction, drilling or prospecting for minerals 
within Mt. Balatukan Range Natural Park; 
Constructing or maintaining any kind of road, structure, fence or 
enclosure without a permit from the PAMB: Provided, That 
structures within ancestral domains used by the indigenous cultural 


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communities need not be covered by a permit from the PAMB. 
Valuation from the damage shall take into account biodiversity and 
conservation consideration as well as aesthetic and scenic value. 
The commission of these acts likewise shall carry the penalty of 
eviction from the protected area and the forfeiture of all 
transportation, structures and building materials, equipment, 
devices and weapons used for the commission of the offense as 
well as the protected area resources caught in the possession of 
the accused. The local government unit responsible for the 
imposition of the penalties herein and the arrest and confiscation of 
the materials shall have a fifty per cent (50%) share in the proceeds 
from the disposition thereof while the rest shall accrue to the 
PAMB. 
SECTION 11. Validity of Contracts Over Lands within the Mt. Balatukan 
Range Natural Park.- The purchase, sale, encumbrance, mortgage, usufruct or 
lease of lands within the protected area to persons outside the protected area not 
otherwise qualified to hold lands therein shall be null and void ab initio. 
SECTION 12. Special Prosecutors.- Within thirty (30) days from the 
effectivity of this Act, the Department of Justice shall designate a Special 
Prosecutor to whom all cases of violation of laws, rules and regulations in the 
protected area shall be assigned. Such special prosecutor shall coordinate with 
the PAMB and the PASu in the performance of hislher duties and assist in the 
training of wardens and rangers in arrest and criminal procedure. The PAMB may 
appoint a special private prosecutor on a case-to-case basis to assist the public 
prosecutor in the enforcement of protected area laws. 
SECTION 13. Local Government Units.- Local government units shall 
participate in the management of the Mt. Balatukan Range Natural Park through 
membershiphepresentation in the PAMB as provided under Section 7A. The 
LGUs shall retain their ordinance-making powers over their respective territories 
covered under this Act but with due consideration to protected area management 
objectives. If a conflict between the LGU and the protected area management 
objectives remain unresolved within the PAMB, it shall be resolved through 
meditation. 
SECTION 14. Establishment of the Protected Area Fund for the Mt. 
Balatukan Range Natural Park.- There is hereby established the Protected 
Area Fund for the Mt. Balatukan Range Natural Park as a special trust fund and 
shall be disbursed solely for the protection, maintenance, administration and 
management of the protected area. At least seventy-five percent (75%) of the 
funds collected shall form part of Mt. Balatukan Range Natural Park, which shall 
be solely disbursed for its use and shall be exempted from being deposited in the 


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National Treasury. The protected area fund shall be available for disbursement 
upon proper approval by the PAMB of the Mt. Balatukan Range Natural Park, 
subject to the usual accounting and auditing rules and regulations. The following 
shall constitute part of the Protected Area Fund for the Mt. Balatukan Rnage 
Natural Park from the moment they accrue. 
a. Proceeds from special land use and resource utilization from 
commercially used ancestral domains, as may be set by the PAMB; 
b. Fees derived from permitted collection of wild flora and fauna and 
other resources within the protected area as may be set by the DENR 
and the PAMB; 
c. Fees from industries and facilities directly benefiting from the protected 
area; 
d. Fines and fees, including protected area entry and use as maybe 
imposed and set by the PAMB; 
e. Contributions, donations, endowments and grants from any legal 
source intended for the operation of the protected area. 
All donations, contributions, endowments and grants to the Mt. Balatukan 
Range Natural Park shall accrue to the protected area fund. 
The local 
government units concerned shall continue to impose and collect all other fees 
not enumerated herein which they have usually collected such as, but not limited 
to, business permits, property taxes and rentals of local government units 
facilities. 
Furthermore, local government units may charge add-ons to fees 
imposed by the PAMB: Provided, That such add-ons shall be determined based 
on the contribution of the local government unit in the maintenance and 
protection of the protected area. 
SECTION 15. Utilization of Nonrenewable Resources.- Any exploration 
for, exploitation or utilization of nonrenewable resources within the protected area 
shall not be allowed. Energy projects, whether renewable or otherwise, shall be 
permitted only through an Act of Congress. 
SECTION 16. Appropriations.- To carry out the implementation of this 
Act, an annual aggregate amount of six million pesos (P6,000,000.00) shall be 
included in the annual General Appropriations Act ar?d allocated for the use of 
the Mt. Balatukan Range Natural Park. 
SECTION 17. Construction.- The provisions of this Act shall be construed 
liberally in favor of tenured migrants and indigenous cultural communities and 
with due consideration to the protection of biodiversity. The NJPAS Act shall 
have supplementary effect in the implementation of this Act. 
SEC~ON 
18. Transitory Provision.- All persons who do not qualify as 
tenured migrants or transient farmers within the protected area shall be allowed 
to harvest fruits or crops planted before the effectivity of this Act. Thereafter, all 


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crops planted by such unqualified persons shall be confiscated and the proceeds 
thereof shall accrue to the protected area fund. 
SECTION 19. Repealing Clause.- For the purpose of the Mt. Balatukan 
Range Natural Park, all laws, rules and regulations inconsistent herewith are 
modified accordingly. The prohibitions and penalties under the NIPAS Act, which 
are not inconsistent herewith, shall likewise apply. 
SECTION 20. Separability Clause.- If any part or section of this Act is 
declared by the courts as unconstitutional, such declaration shall not affect the 
other parts or section hereof. 
SECTION 21. 
Effectivity Clause.- This Act shall take effect upon its 
approval. 
Approved.