FOURTEENTH CONGRESS 
1 
OF THE REPUBLIC OF THE PHILIPPINES ) 
7 &a 3 p 2 :i57 
FIRST REGULAR SESSION 
) 
Introduced by Sen. M.A. Madrikal 
EXPLANATORY NOTE 
The Mt. Balatukan Range covers an area in city of Gingoong and 
municipalities of Claveria, Medina, and Balingasag, all in the province of 
Misamis Oriental with an aggregate area of 30,965 hectares. 
Mt. Balatulcan Range is home to a diverse species of flora and fauna 
including the Philippine Eagle, Mindanao lorikeet (a type of bird endemic to 
Mindanao), tarsier, giant fruit bat, monitor lizard, and flying lemur. It is home to 
six species of bats, four of which are endemic. 
The Mindanao endemic 
Ptenochirus minor and the insect-eating Pipistrellus Javanicus can be also found 
in the area. 
At 750 meters to 1,350 meters above sea level, lowland residual 
dipterocarp forest dominates the landscape, that is at this level, there is an 
abundance of very tall dipterocarp trees such as Lauan, Nato, Tanguile and 
Malcaasim; while at about 1,350 meters, moss is noticeable on the main trunks 
and branches of trees; at 1,700 meters, giant ferns are abundant at this elevation; 
while at about 1,800 meters the trees become stunted and twisted. 
Due to its biodiversity and ecological significance, the Mt. Balatukan 
Range was classified as Mt. Balatukan Range Natural Park and declared a 
protected area on 6 March 2007 through Presidential Proclamation No. 1249. 
In line with the State's policy of securing for the Filipino people of present 
and future generations the perpetual existence of all native plants and animals, it 
is incumbent upon the Congress to enact a law to provide for the management, 
protection, sustainable development and rehabilitation of the Mt. Balatukan 
Range. This shall be established within the framework of the National Integrated 
Protected Area System (NIPAS) Act, or Republic Act of 7586, while considering 
the welfare and recognizing the rights of all the communities living therein 
especially the indigenous peoples. 


Passage of this BilI is thus urgent before the treasures of Mt. Balatukan are 
lost to the Philippines and the world. 


FOURTEENTH CONGRESS 
1 
FIRST REGULAR SESSION 
) 
OF THE REPUBLIC OF THE PHILIPPINES ) 
7 JUM 30 P z  ::j-/ 
173 
SENATE 
Senate Bill No. __ 
Introduced by Sen. M.A. Madrigal ' 
AN ACT DECLARING THE MT. BALATUKAN RANGE LOCATED IN THE 
CITY OF GINGOOG AND IN THE MUNICIPALITIES OF CLAVERIA, 
MEDINA AND BALINGASAG, ALL IN THE PROVINCE OF MISAMIS 
ORIENTAL, AS A PROTECTED AREA AND ITS PERIPHERAL AREAS AS 
BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the "Mt. Balatukan Range 
Natural Park Act". 
SEC.2. Declaration of Policy. - Cognizant of the profound impact of man's 
activities on all components of the natural environment particularly the effect of 
increasing population, resource exploitation and industrial advancement, and 
recognizing' the critical importance of protecting and maintaining Mt. Balatukan 
Range's unique biological resources, its ecological and aesthetic importance to 
sustain human life and development, as we11 as plant and animal life, it is hereby 
declared the policy of the State to ensure its protection and conservation, and 
preserve and promote the culture and way of life of the communities therein in 
accord with the rhythm and harmony of nature. As such, the State shall ensure 
biological diversity, promote sustainable and participatory development, and 
honor and protect the interests of its legitimate inhabitants and their customary 
laws. 
SEC. 3. Category. - Given the physical and natural features, and socio- 
cultural and economic importance that contribute to its valuable role as life 
support system for the people living within it, the Mt. Balatukan Range is hereby 
declared as a protected area under the category of natural park to be known as 
the Mt. Balatukan Range Natural Park, and the areas within its peripheral areas 
as its buffer zone. Such protected area and buffer zone shall become part of the 
National Integrated Protected Areas System (NIPAS), subject to such rights as 
are provided for in this Act. 


SEC.4. Scope and Covevage. - 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 marked "I" which is located at 124'57'21'' E and 8'47'35" N 
near the junction at Kihangad River. and a branch creek S 75'22'45" E, 950.79 m.: 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
Thence 
- 
N 76'48' W 
N81"36'W 
N 30'20' W 
N 62"05' W 
N 34'40' E 
N 23'26' E 
N 89"Ol' E 
S 84"30' E 
S 85'28' E 
S 70"38' E 
N 87"44 E 
S18'42'E 
S 15'45' W 
S 03"03' E 
S 18'39' E 
S 73 "2T.E 
N 69"30' E 
S 78'47' E 
S 84"32' E 
S 08" 17' E 
S 36"59' E 
S39O43'E 
S 39"37' E 
S 35'20' W 
S71°44'W 
S 40'40' W 
N 65'10' W 
N 49'50' W 
N 76"00' W 
N 58"12' W 
N 76"25' W 
N 10°20' E 
1,683.50 m 
to corner 2 
1,620.90 m 
to corner 3 
2,253.40 m 
to corner4 
1,667.00 m 
to comer 5 
2,022.90 m 
to comer 6 
1,253.60 m 
to corner 7 
2,227.20 m 
to corner 8 
933.50 m 
to corner 9 
1,791.40 m 
to corner 10 
1,889.60 m 
to comer 11 
647.80 m 
to comer 12 
356.00 m 
to corner 13 
397.20 m 
to comer 14 
1,274.60 m 
to comer 15 
1,790.40 m 
to corner 16 
1,348.60 m 
to corner 17 
696.20 m 
to comer 18 
748.20 m 
to comer 19 
647.80 m 
to comer 20 
662.50 m 
to corner 21 
2,238.10 m 
to comer 22 
1,335.30 m 
to comer 23 
931.80 m 
to corner 24 
407.80 m 
to comer 25 
1,266.90 m 
to corner 26 
2,381.90 m 
to corner 27 
1,070.00 m 
to corner 28 
1,800.00 m 
to corner 29 
1,450.00 m 
to corner 30 
2,847.17 m 
to comer 3 1 
1,234.54 m 
to corner 32 
1,920.00 m to corner 1, the point of 
beginning, containing an area of eight thousand four hundred twenty-four 
(8,424) hectares, more or less, subject to actual ground survey. 
The buffer zone of the Mt. Balatukan Range Natural Park begins at corner 
"I" which is located at 124"57'00" E and 8'47'22" N, near the junction of Kihangad 
River, and a branch creek N 66"48'05" W, 456.94 m.: 


Thence 
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 
Thence 
Thence 
Thence 
Thence 
N 82"16' W 
N 3193' W 
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" 11' E 
Due east 
S 31"51' E 
S 07"35' W 
S 27"42' W 
S03"01'W 
S 18"02' E 
S 78'25' E 
N 31"49' E 
S 77"57' E 
S 82"30' E 
S 04"45' W 
S 34"37' E 
S31"]4E 
S 3RO' E 
S 56"48' W 
S 15"17' E 
S 71'25' W 
S 31'28' E 
S 34'50' W 
S 24'55' E 
S 71"14 W 
N 61'59' W 
N 50"32' W 
N 7'1"06' 
W 
N 52"44' W 
N 73"02' W 
N 19'3 1' E 
3,266.70 m 
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 
899.10 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 
1,139.60 m 
420.10 m 
84.30 m 
94.20 m 
1,440.70 m 
1,840.70 m 
1,713.10 m 
1,313.60 m 
2,890.06 m 
1,885.14 m 
1,420.60 m 
to corner 2 
to corner 3 
to corner 4 
to corner 5 
to corner 6 
to corner 7 
to corner 8 
to corner 9 
to comer 10 
to corner 11 
to comer 12 
to comer 13 
to corner 14 
to corner 15 
to corner 16 
to comer 17 
to corner 18 
to corner 19 
to corner 20 
to corner 21 
to comer 22 
to corner 23 
to corner 24 
to corner 25 
to comer 26 
to corner 27 
to corner 28 
to corner 29 
to corner 30 
to corner 31 
to comer 32 
to comer 33 
to corner 34 
to comer 35 
to corner 36 
to corner 37 
to corner 1, the point of 
beginning, containing an area of one thousand two hundred twenty-two (1,222) 
hectares, more or less, subject to actual ground survey and delineation. 
SEC. 5. Definition of Terms. - The following terms are hereby defined for 
the purpose of this Act: 
(a) 
"AncestraI 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. 
(6) 
"Indigenous cultural communities (ICC)" refers to a group of 
people sharing common bonds of language, customs and tradition and 
other distinct cultural traits, as further defined under Republic Act No. 
8371 or the Indigenous People's Rights Act (IPRA.) of 1997. 
(c) 
"National Integrated Protected Areas System (NIPAS)" refers to the 
classification and inclusion of all designated protected areas into one 
system, pursuant to Republic Act No. 7586 or the National Integrated 
Protected Areas, 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) 
"Nonrenewable resources" shall refer to those resources found 
within the protected area, the natural replenishment rate of which is either 
not known or takes more than twenty-five (25) years. 
(e) 
"Buffer zone" refers to specific areas outside the boundaries of and 
immediately adjacent to designated areas that need special development 
control in order to avoid or minimize harm to the protected area. 
(f) 
"Protected area" refers to the identified portions of land and water, 
set aside by reasons of their unique physical and biological significance, 
managed to enhance biological diversity and protected against destructive 
human exploitation. 
(g) 
"Natural park" refers to 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" refers to occupants within the protected area 
who have actually and continuously occupied such area for five years 
before the designation of the same as protected area and are solely 
dependent therein for subsistence. 
(i) 
earth. 
"Biodiversity" refers to the variety of life in all its forms found on 
(j) 
"Protected Area Management Board (PAMB)" refers to a 
multisectoral body tasked to adopt policies, promulgate rules and 
regulations, and undertake planning activities for the appropriate 


management strategy to ensure resource protection and the general 
administration of the protected area. 
(k) 
"Private rights" refers to the right of individual persons to own, 
under existing laws, and in the case of indigenous cultural communities, 
rights of possession since time immemorial, which possession may 
include places of abode and worship, burial grounds and well-defined 
territories. 
(I) 
"Protected species" refers to any individual species of plants and 
animals that is or shall be declared as protected under Philippine laws, 
rules and regulations issued by the Department of Environment and 
Natural Resources (DENR), species listed as protected against trade, 
hunting and harvest under international conventions to which the 
Philippines is or will become a signatory, such as, but not limited to, the 
Convention on International Trade of Endangered Species (CITES). These 
include species which may be restricted for use under regulations issued 
by the PAMB or the DENR, and those particularly mentioned in the 
management plan. 
(m) "Nongovernment 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, 
That such sector is marginalized, poor or disempowered. 
(0) 
"Public consultation" refers to a meeting or dialogue between or 
among concerned or affected individuals within and outside the protected 
area designed to identify and resolve issues and problems affecting them. 
(p) 
"Secretary" refers to the Secretary of the DENR. 
SEC. 4. Institutional Mechanisms. - The following administrative and 
policy-making mechanisms shall apply: 
(a) There shall be a PAMB which shall be the policy-making body of the 
protected area. It shall be composed of: 
(1) The Regional Executive Director (RED) of the DENR-Region X, 
who shall act as chairman; 
(2) The provincial governor of Misamis Oriental as cochairman; 
(3) The respective mayors of the municipalities and city with 
territory 
inside 
the protected 
area 
or 
their 
authorized 
representatives, as members; 


(4) One representative from each barangay with territory inside the 
protected area or their authorized representatives, to be appointed 
by the concerned barangay legislative councils, as members; 
(5) One representative from each indigenous cultural community 
within the protected area chosen using customary practices, as 
members; 
(6) At least three representatives from local NGOs operating within 
the protected area, chosen from among the representatives of the 
organizations in an election duly called for the purpose, as 
members; 
(7) A representative from each municipality and from the City of 
Gingoog, representing people's organizations, chosen from among 
themselves in an election duly called for the purpose, as members; 
(8) Representatives from other national government agencies with 
projects within the protected area, to be appointed by the DENR 
Secretary upon the recommendation of the concerned head of 
office, as members; and 
(9) The provincial planning and development officer and the 
provincial Department of the Interior and Local Government 
(DILG) officer, sitting as ex officio members. 
Each member of the PAMS 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 shalI be attached to the office held. 
(b) The PAMB, by majority vote, shall approve or take necessary actions 
on: 
(1) Matters relating to planning, resource protection and general 
administration of the area through the adoption of a management 
plan; 
(2) 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; 
(3) 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; 
(4) Rules and regulations to promote development of programs and 
projects on biodiversity conservation and sustainable development 
consistent with the management plan; 
(5) Implementation of programs as prescribed in the management 
plan; 
(6) Control and regulation on the construction, operation and 
maintenance of roads, trails, waterworks, sewerage, fire protection 
and sanitation system and other public utilities within the 
protected area; 
(7) Monitoling and. evaluating the performance of protected area 
personnel and compliance of partners to the terms and conditions 
of any undertaking, contract or agreement; 
(8) Setting the criteria and fees for the issuance of permits for 
activities regulated by this Act or the management plan; 
(9) Donations, proposals for funding, budget allocations and 
accountability over all funds that may accrue to the Mt. Balatukan 
Range Natural Park; 
(10) Retaining legal counsel, either in a permanent or temporary 
basis, to defend cases against the PAMB and personnel of the office 
of the Protected Area Superintendent (PASu) whenever they are 
sued in connection with the performance of their duties under this 
Act; and 
(11) Identifying tenured migrants and recommending the issuance 
of corresponding appropriate tenurial instruments. 
The DENR, through the' RED of the DENR-Region X or any duly 
authorized official, shall exercise authority to oversee the PAMB to ensure that it 
is acting within the scope of its powers and functions. In case of conflict between 
administrative orders of national application issued by the DENR pursuant to 
the NIPAS Act and the rules and regulations issued by the PAMB, the RED shall 
notify the Secretary who shall decide whether to apply the rule or withdraw its 
application in the Mt. Balatulcan Range Natural Park. 
SEC. 7. The PYotected Area Superintendent (PASu) Office. - There is hereby 
established a protected area superintendent's office in charge of the management, 
protection and administration of the Mt. Balatulcan Range Natural Park. The 
PASu shall be supported by the existing personnel of the DENR. The head of 
office shall be the chief operating officer of the Mt. Balatulcan Range or the 


protected area and shall be accountable to the RED of the DENR-Region X and 
the PAMB. The PASu shall have the following powers and functions: 
(a) 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. 97-32; 
(c) Upon prior clearance and approval of the PAMB, recommend to the 
concerned Community Environment and Natural Resources Office 
(CENRO) the disposal of confiscated cultural and natural resources such 
as artifacts, forests products, wild flora and fauna, marine fishery and 
mineral resources; except those resources held under custodiu 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 RED of the DENR-Region X the issuance of cutting 
permits for planted trees in multiple-use and buffer zones for a volume up 
to five cubic meters per applicant per year, for traditional and subsistence 
use only: Provided, That the issuance of said permits is in accordance with 
the management plan, duly endorsed by the PAMB, and shall not 
adversely affect the ecological balance of the area; 
(g) Recommend to the RED of the DENR-Region X ,  with the endorsement 
of the PAMB after determining the ecological implications, the issuance of 
cutting permits only for planted trees in established buffer zones for 
volume of five cubic meters but not to exceed twenty (20) cubic meters per 
applicant per year for commercial purposes; 
(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 PAME and the DENR, 
where applicable; 
(i) Recommend the issuance or renewal of special-use permits on public 
infrastructure projects in designated multiple-use zones and established 


buffer zones where no timber cutting is involved, subject to the approved 
management plan of the area: Provided, That the issuance of a special 
permit is subject to the submission by the applicant of the required 
Environmental Compliance certificate (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; 
(i) Assist the appropriate DENR office in the review of the Environmental 
Impact Statement (EIS) for proposed projects to be implemented; 
(lc) Establish a productive partnership with the local community 
particularly with the groups concerned in the planning, protection and 19 
management of the protected area; 
(1) Integrate the roles of the NGOs, other government agencies and the 
DENR in the operation of the protected area; 
(m) Coordinate the implementation of all relevant activities related to 
tenured migrants and the ancestral domains claims, subject to the IPRA 
and related issuances; 
(n) Take the lead in the implementation of the management plan of the 
protected area specifically in the implementation, monitoring and 
evaluation of research studies, survey and inventory, information, 
education and communication, eco-tourism, restoration, rehabilitation and 
alternative livelihood activities within the appropriate management zones 
and other projects of the protected area and its buffer zone; 
(0) Take the lead in the implementation of various activities related to the 
management of the protected area; 
(p) Evaluate the performance of staff based on the prescribed evaluation 
system; 
(4) Recommend the designation of staff to perform functions other than 
those inherent to their position; 
(r) Approve the application for leave of absence of the staff of the office of 
the PASu with or without commutation; 
(s) Approve local travel of the staff of the office of the PASu outside the 
protected area and/or established buffer zone not exceeding thirty (30) 
days; 
(t) Serve as head of the secretariat to the 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 P A 0  documents; 
(v) Collect and/or receive pertinent fees, charges, donations and other 
income: Provided, That such. fees, charges, donations and other income 
collected shall be reported quarterly to the PAMB: Provided, further, That a 
book of accounts shall be maintained, which shall be certified by the 
accountant of the DENR-Region X or the nearest PENRO in accordance 
with DENR Administrative Order No. 96-22; 
(w) Recommend the approval of payrolls, contracts, disbursement 
vouchers, request and issuance vouchers, purchase orders and other 
expenses; 
(x) Prepare and recommend, for approval of the PAMB, the annual work 
and financial plans of the protected area; and 
(y) Such other functions which may be assigned by the PAMB. 
The PASu shall be directly responsible to the PAMB and the RED of the 
DENR-Region X. 
SEC. 8. Ancestral Lands and Domains. - For the purpose of this Act, the 
following shall govern over ancestral lands and domains in the protected area: 
(a) The rights of indigenous peoples to their ancestral domains are hereby 
fully recognized. Traditional property regimes exercised by indigenous 
cultural communities in accordance with their customary laws shall 
govern the relationship of all individuals within their communities with 
respect to all land and resources found within ancestral lands. 
(b) The following presumptions shall govern unless proven to be contrary 
to documented or oral custom by clear and convincing evidence in the 
proper administrative or judicial proceeding providing due hearing to all 
parties concerned: 
(1) All lands occupied by indigenous cultural communities since 
time immemorial shall be presumed to be ancestral lands. Rights 
and obligations within ancestral lands are presumed to be 
governed by customary laws; 
(2) Rights and obligations within ancestral lands governed by 
customary laws are presumed to be held collectively by the 
community ; 


(3) Rights and obligations within ancestral lands proven to be held 
by individuals under customary law are presumed to be held in 
trust by such individuals for the whole community; and 
(4) The continued practice of traditional and sustainable living shall 
be sufficient consideration for the State in place of the payment of 
taxes on ancestral domains. Owing to differences in cultural and 
social worldview, the provisions of this Act shall be liberally 
construed in favor of indigenous cultural communities and their 
members. 
SEC.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, 987, 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 evaluated by the PAMB for purposes of 
such renewal. If despite consideration paid to current practices, areas occupied 
by tenured migrants are designated as zones in which no occupation or other 
activities are allowed, a provision for their transfer to multiple-use zones or 
buffer zones shall be accomplished using humanitarian considerations. Persons 
who have been cultivating within the protected area since June 1, 1987 are 
considered to be occupying such lands and shall be entitled to a tenure 
instrument restricted to cultivation: Provided, that the rights under such can only 
be transferred to direct descendants. Tenured migrant instruments may be 
cancelled for violation of the terms and conditions specified therein, upon the 
holder's repeated refusal to comply with the management plan or the regulations 
set by the PAMB, or upon voluntary surrender of rights. Upon cancellation of a 
tenured migrant instrument, the PASu shall take immediate steps to rehabilitate 
the area to return to its natural state prior to the cultivation or other act by the 
transient or tenured migrant. Tenured migrant instruments are transferable only 
to the nearest of kin: Provided, That if the land is left idle for a minimum of five 
years, the PAMB shall initiate cancellation proceedings of the tenured migrant 
instrument. 
SEC. 10. Prohibited Acts. - The followingshall be the prohibitions and, 
(a) The penalties in Article 309 and Article 310 of the Revised -Penal Code 
and/or Section 21 of Republic Act No. 7586, depending on the value of the 
resources taken, damaged or destroyed, sha!lbe imposed upon any 
person found guilty by competent court of: 
penalties applicable to the Mt. Balatukan Range Natural Park: 


(1) 
Hunting, destroying, trapping, disturbing or possessing of 
any wild plants or animals or products derived there from 
anywhere within the Mt. Balatukan Range Natural Park without a 
permit from the PAMB: Puouided, That permit for these activities 
shall only be given for scientific purposes necessary for protected 
area management; 
(2) 
Cutting, gathering, collecting or removing timber or forest 
products without permits: Provided, that such permits shallonly be 
given for scientific purposes necessary for protected area 
management; 
(3) 
Entry to the protected area or possessing outside the 
protected area any wild plants or animals or products derived 
therefrom, which came from the protected area without a permit 
issued by the PAMB; 
(4) 
minerals within the Mt. Balatukan Range Natural! Park; and 
Mineral exploration or extraction, drilling or prospecting for 
(5) 
Constructing or maintaining any kind of road, structure, 
fence or enclosure without a pemlit from the PAMB: Provided, That 
structures within ancestral domains used by the indigenous 
cultural 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 percent (50%) share in the proceeds from 
the disposition thereof while the rest shall accrue to the PAMB. 
SEC. 11. Vdidity of Contracts over Lands within the Mt. Balatukan Range 
Natural Park. - The purchase, sale, encumbrance, mortgage, usufruct or lease of 
lands within the protected area to persons outside the protected area not 
otherwise qualified to hold lands therein shall be null and void ab initio. 
SEC. 12. Special Prosecutors. - Within thirty (30) days from the effectivity of 
this Act, the Department of Justice (DOJ) shall designate a special prosecutor to 
whom all cases of violation of laws, rules and regulations in the protected area 
shall be assigned. Such special prosecutor shall coordinate with the PAMB and 
the PASu in the performance of his/her duties and assist in the training of 
wardens and rangers in arrest and criminal procedure. The 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. 
SEC. 13. Local Government Units (LGUs). - The LGUs shall participate in the 
management of the Mt. Balatukan Range Natural Park through representation in 
the PAMB as provided under Section 6(a). The LGUs shall retain their ordinance- 
making powers over their respective territories covered under this Act but with 
due consideration to protected area management objectives. If a conflict between 
the LGU and the protected area management objectives remain unresolved 
within the PAMB, it shall be resolved through meditation. 
SEC. 14. The Aft. Balatukan Prolected Area Fund (MBPAF). - There is hereby 
established a trust fund to be known as the Mt. Balatultan Protected Area Fund 
for purposes of financing projects of the system. All income generated from the 
operation of the system or management of wild flora and fauna in the protected 
area shall accrue to the fund. These income shall be derived from visitors/tourists 
fee, fees from permitted sale and export of flora and fauna and other resources 
from the protected area, proceeds from the registration and lease of multiple-use 
areas, including tourism concessions, contributions from industries and facilities 
directly benefiting from the protected area, and such other fees and income 
derived from the operation of the protected area. 
The fund may be augmented by grants, donations, endowment from 
various sources, domestic or foreign, for purposes related .to their functions: 
Provided, That the fund shall be deposited as a special account in the National 
Treasury and disbursements therefrom shall be made solely for the protection, 
maintenance, administration and management of the system, and duly approved 
projects endorsed by the PAMB in accordance with the existing accounting and 
budgeting rules and regulations: Provided,further, That the fund shall not be used 
to cover personal services expenditures. 
The LGUs shall continue to impose and collect all other fees not 
enumerated herein which they have traditionally collected, such as business 
permits, property tax and rentals of LGU facilities. Furthermore, the LGUs may 
charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall 
be determined based on the contribution of the LGUs in the maintenance and 
protection of the protected area. 
SEC. 15. Utilization of Nonrenewable Resotrrces. - Any exploration for, 
exploitation or utilization of nonrenewable resources within the protected area 
shall not be allowed. Energy projects, whether renewable or otherwise, shall be 
permitted only through an act of Congress.. 
SEC. 16. Appropriations. - The Secretary of the DENR shall immediately 
include in the Department's program the implementation of this Act, the funding 
of which shall be included in the annual General Appropriations Act. 


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