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THIRTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILlPPINES ] 
Third Regular Session 
1 
S E N A T E  
S. No. 2526 
(In substitution of H. No. 4853) 
Prepared jointly by the Committees on Environment and Natural Resources, Local 
Government, and Finance, with Senator Cayetano and the members of the 
Committees as authors 
AN ACT 
DECLARING 
THE 
BESSANG 
PASS 
NATURAL 
MONUMENT 
IN 
THE 
MUNICIPALITY OF CERVANTES. ILOCOS SUR AS A PROTECTED AREA AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION. 1. Title. - This Act shall be known as the “Bessang Pass Protected 
Area Act of 2006.” 
SEC. 2. Land Classiflcafion. - All lands of the public domain comprising the 
Bessang Pass Protected Area shall fall under the classification of National Park as 
provided for in the Philippine Constitution. However, Public lands already classified as 
agricultural and alienable or disposable prior to the passage of this Act shall remain as 
such and may be disposed of pursuant to the provisions of Commonwealth Act No. 141 
or the Public Land Act, as amended. 
SEC. 3. Category. - The Bessang Pass, which is known for its intact stand of pine 
forest in Region 1 and as the site of the historic Battle of Bessang Pass during World 
War II, is hereby categorized pursuant to the NlPAS Act as a natural monument and 
shall hereinafter be referred to as the Protected Area (PA). 
SEC. 4. Scope. - The boundaries of the Bessang Pass Natural Monument are as 
PARCEL I. Beginning at point mark “I” on the map, being S 66 deg. 00 min, 
follows: 
W, 3,300 meters from corner 10, Project No. 13, block 23 of A & D, LC Map No. 1276: 
Point 
2 
N 20” 33’ 16” E 1,378.610 m. 
Point 
3 
N 69” 26’ 0 3  E 748.684 m. 
Point 
4 
S 78” 25’ 37” E T ,638.908 m. 
Point 
5 
S 20” 56‘ 52” W 3,398.480 m. 
Point 
6 
N 61” 42’ 0 5  W 948.030 m. 


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Point 
7 
S 70" 33'48 W 631.166 m. 
Point 
8 
N 46" 50' 14" W 535.089 m. 
Point 
9 
N 28" 01' 24" W 292.903 m. 
Point 
10 
N 64" 40' 3 5  W 352.890 m. 
Point 
11 
N 49" 26' 06" E 490.845 m. 
Point 
12 
N 64" 25' 41" E 
659.415 m. 
Point 
1 
N 38" 54' 5 2  W 424.1 60 m. 
containing an area of six hundred ninety-three and 
as PA. 
3166/10000 (693.31 66) hectares, 
PARCEL 2. 
Parcel 2 constitutes the buffer zone whose boundary begins at the 
comer marked "I" on the map identical to corner "I" of Bessang Pass Natural 
Monument: 
Point 
2 
S 39" 25' 3 3  E 
423.735 m. 
Point 
3 
S 64" 36' 2 6  W 594.362 m. 
Point 
4 
S 49" 28' 5 0  W 486.421 m. 
Point 
5 
S 65" 09' 4 2  E 
353.941 m. 
Point 
6 
S 28" 30' 5 3  E 
282.047 m. 
Point 
7 
S 47" 21' 0 5  E 
535.216 m. 
Point 
8 
N 70" 20' 1 3  E 636.297 m. 
Point 
9 
S 62" 11' 41" E 
950.432 m. 
Point 
10 
N 21" 09'16" E 3,426.934 m. 
Point 
11 
S 78" 00' 50" E 505.805 m. 
Point 
12 
S 19" 50'34" W4,012.372 m. 
Point 
13 
N 61 48' 02" W 1,255.922 m. 
Point 
14 
S 69" 39' 22" W 623.725 m. 
Point 
15 
N 46" 38' 29" W 910.980 m. 
Point 
16 
N 27" 28' 3 8  W 218.409 rn. 
Point 
17 
N 64" 50' 04" W 355.949 m. 
Point 
18 
N 64" 50' 04" W 514.149 m. 
Point 
19 
N 50" 30' 41" E 1,178.639 m. 
Point 
20 
N 38" 33' 5 9  W 376.642 m. 
Point 
21 
N 21" 39' 12" E 
952.021 m. 
Point 
22 
S 74" 03' 3 5  E 
505.782 m. 
Point 
1 
S 20" 20' 38" W 838.323 m. 
containing an area of four hundred twenty-seven and 791711 0000 (427.7917) hectares, 
as buffer zone. 
Parcels 1 and 2 shall have a total aggregate area of one thousand one hundred 
twenty-one and 1083/10000 (1,121.1083) hectares, subject to actual ground survey. 


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Both the PA and the buffer zone shall be under the administrative jurisdiction of 
the Department of Environment and Natural Resources (DENR) and shall be 
administered in accordance with the provisions of the NIPAS Act. 
SEC. 5. Definition of Terms. - For purposes of this Act, the following terms shall 
be defined as follows: 
(a) “Buffer zone” refers to identified areas outside the boundaries of and 
immediately adjacent to designated PAS pursuant to Section 8 of the NIPAS Act that 
need special development control in order to avoid or minimize harm to the PA. 
(b) “Indigenous Peoples (IPS)” refers to people defined as such in Republic Act 
No. 8371, otherwise known as the “Indigenous People’s Rights Act (IPRA) of 1997”. 
(c) “Integrated Protected Area Fund (IPAF)” refers to the trust fund established for 
purposes of financing projects of the NIPAS. 
(d) “Protected Area Management Board (PAMB)” refers to the site-based decision- 
making body responsible in the planning, resource protection and general 
administration of the PA. 
“Natural monument” refers to a relatively small area focused on protection 
of small features to protect or preserve nationally significant natural and historical 
features on account of their special interest or unique characteristics. 
“Nongovernment organization (NGO)” refers to any civic, development or 
philanthropic organization which is multi-sectoral in character. 
“Protected area (PA)” refers to any identified portions of land and water set 
aside by reason of their unique physical and biological significance, managed to 
enhance biological diversity and protected against destructive human exploitation. 
(h) 
“Protected Area Superintendent (PAW)” refers to the chief operating DENR 
officer in the PA. 
(i) “Tenured migrants” refers to any person who has actually and continuously 
occupied an area for five years prior to the designation of the same as PA in 
accordance with the NIPAS Act and are solely dependent therein for subsistence. 
SEC. 6. Control and Supervision. - The DENR shall be the lead agency tasked to 
implement the provisions of this Act through the PAMB. The participation of the local 
government units (LGUs), other government agencies and NGOs shall be through their 
membership to the PAMB. 
SEC. 7. Management of the Protected Area. - The PAME shall be the highest 
policy-making body of the PA and shall be composed of the following: 
(e) 
(9 
(9) 
(1) The Regional Executive Director (RED) of the DENR I, as chairman; 
(2) The Provincial Planning and Development Officer (PPDO); 
(3)The Mayor of the Municipality of Cervantes and the Provincial Governor of 
llocos Sur, or their duly designated representatives as members; 


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(4) Maximum of three representatives from nongovernment organizations/local 
community organizations involved in PA management based at Cervantes, llocos Sur, 
and duly accredited by the municipal government, to be chosen in an election 
exclusively called for the purpose by the DENR in coordination with concerned LGUs; 
(5) One representative from each tribal community to be chosen in an election to 
be conducted by the DENR in coordination with the National Commission on 
Indigenous Peoples (NCIP); and 
(6) One representative from other national government agencies, to be chosen 
through election called for the purpose by the DENR among the representatives of all 
national government agencies involved in PA management in the Municipality of 
Cervantes. 
Every member of the PAMB shall serve for a term of five years and shall be 
considered to represent his or her sector and deemed to carry the vote of such sector in 
all matters. In the case of members who are government officials, the term of office 
shall be attached to the office held. 
In the selection of the representatives of POs and NGOs, preference shall be 
accorded to those organizations that are involved in the conservation, protection and 
development of the PA. Representation shall be by institution and shall aim to achieve 
balance in representation by geographic location or areas. 
The representatives from the LGUs and national agencies in the PAMB shall 
include among their duty to appraise their respective constituents, office or sector, to 
ensure that the provisions of this Act is consistent with the Local Government Code of 
1991 (R. A. No. 7160), other relevant statutes and ordinances, and local and national 
development plans and projects. Failure to comply with the foregoing shall subject such 
representative to disciplinary action as the PAMB may provide. 
The PAMB shall have the following powers and functions: 
(1) Issue all rules and regulations to prohibit acts that may be prejudicial to the PA 
(2) Set fees for the issuance of permits for activities regulated by this Act or the 
(3) Issue rules and regulations for the resolution of conflict through appropriate 
(4) Adopt rules and procedures for the conduct of business, including the creation 
(5) Approve the management plan and oversee the office of the PASu; 
(6) Deputize interested individuals for the enforcement of the laws, rules and 
and the policy declaration herein set forth as well as established criteria; 
management plan; 
culturally sensitive and effective means; 
of committees to whom its powers may be delegated; 
regulations governing conduct in the PA and its buffer zone; and 


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(7) Approve proposals for funding and budget allocation and exercise 
responsibility over all funds that may accrue to the Bessang Pass Natural Monument, 
The DENR, through the RED shall exercise the authority to oversee the PAMB to 
ensure that it acts within the scope of its powers and functions. In case of a 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 PAMB shall 
notify the Secretary of the DENR who shall decide whether to apply the rule or 
withdraw its application in the PA. The decision of the Secretary shall be guided by a 
preference to local initiative and specific policies enacted by the PAMB. The decision 
of the Secretary may be appealed to the regional trial court who has jurisdiction over 
the PA. 
Within one year from the effectivity of this Act, a management plan shall have 
been put into effect following the GMPS provided under the NIPAS Act and according 
to the procedures herein set forth. It shall contain, among others, the following: 
(a) the category of the PA; 
(b) period of applicability of the plan; 
(c) key management issues; 
(d) goals and objectives of management in support of Section 2 hereof; 
(e) site management strategy; 
(9 major management activities such as, but not limited to, enforcement of laws, 
habitat and wildlife management, sustainable use management, infrastructure 
development and maintenance, fire and pest control: 
(9) zoning: and 
(h) visitor management programs. 
The PASu shall prepare the management plan in consultation with the appropriate 
offices 
of the DENR and local experts who may donate their services including, but not 
limited to, people’s organizations, NGOs and focal government agencies. 
The 
management plan shall be reviewed, approved and adopted by the PAMB and shall be 
certified by the Secretary of the DENR. 
Such certification shall declare that the 
management plan conforms to all laws, rules and regulations of national application 
issued by the DENR. In no case shall the DENR revise or modify the management 
plan without prior consultation with the PAMB. 
The PASu, in coordination with all concerned offices, shall likewise prepare all 
successor plans. One year before the expiration of the period of applicability of the 
plan in effect, the PASu shall cause publication of notices for comments and 
suggestions on the next successor plan in a newspaper of local circulation and the 
posting of such notices in the provincial, municipal and barangay halls, and in three 
other areas frequented by the public. Public hearings may be conducted on the 


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successor plan upon the written request of any interested party. The final plan shall be 
made available for public comment at the office of the PASu upon its approval by the 
PAMB. 
The zoning of the PA shall give primary consideration to the traditional zones used 
and recognized by indigenous peoples and tenured migrants unless such uses are 
deemed detrimental to biodiversity and the protection of the natural characteristics of 
the PA. 
The plan shall be prepared in a language understandable in the area, plainly 
SEC. 8. Existing facilities Within the PA. - Within sixty (60) days from the 
effectivity of this Act, major existing facilities such as roads, buildings, water systems, 
transmission lines, communication facilities, heavy equipment, and irrigation facilities 
existing within the boundaries of the PA shall submit project description to the PAMB 
through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the 
existence of such facility and its future plan and operations will be detrimental to the PA 
or whether conditions for Its operation shall be imposed. If any such conditions are 
violated, the owner of the facility shall be liable to pay a fine of Five thousand pesos 
(P5,OOO.OO) for every violation. Upon reaching a total fine of Five hundred thousand 
pesos (P500,000.00), the PAMB through the PASu and deputizing other government 
entities, shall cause the cessation and demolition of the facility at the cost of its owner. 
Existing facilities allowed to remain within the PA may be charged a reasonable 
royalty by the DENR. All income from such royalty shall accrue to the Mt. Hilong-Hilong 
Protected Area Fund. 
written and available for comments to the general public at the PASu office. 
SEC. 9. 
Bessang Pass Protected Area Fund. - There is hereby 
established a trust fund to be known as the Bessang Pass 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 PA shall accrue to the fund. 
These income shall be derived from visitorsltourists fees, fees from permitted sale and 
export of flora and fauna and other resources from the PA, proceeds from registration 
and lease of multiple-use areas including tourism concessions, contributions from 
industries and facilities directly benefiting from the PA, and such other fees and 
incomes derived from the operation of the PA. 
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 


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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 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 LGUs' facilities. Furthermore, 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 PA. 
Tenured Migrants. - Persons who have actually and continuously 
occupied a portion of the forest land within the PA five years before the effectivity of 
this Act and are solely dependent on that area for their livelihood shall be considered 
as tenured migrants within the PA. 
For the purpose of official documentation of rights and extent of occupation within 
the PA, a tenured migrant shall be issued a tenurial instrument over such area as has 
been occupied or cultivated five years before the effectivity of the NlPAS Act. For 
areas occupied by tenured migrants that are designated as zones in which no 
occupation or other human activities are allowed, a provision for the transfer of the 
tenured migrants to multiple-use zones or the buffer zone shall be undertaken using 
humanitarian consideration. 
Upon the cancellation of a tenured migrant instrument for cause, abandonment or 
by voluntary surrender of rights, the PASu shall take immediate steps to rehabilitate the 
area in order to return it to its natural state prior to the cultivation or other activity by the 
tenured migrant. 
Appropriations. - The Secretary of the DENR shall immediately 
include in the Department's program the implementation of this Act, the funding of 
which shall be included in the annual General Appropriations Act. 
SEC. 12. 
Prohibited Acts and Penalties. - The following acts are hereby 
prohibited within the PA 
(a) Hunting, destroying, disturbing or mere possession of any plant or animal or 
product derived therefrom without a permit from the PAMB; 
(b) Dumping of any waste products detrimental to the PA, or to the plants and 
animals or inhabitants therein; 
(c) Use of any motorized equipment without a permit from the PAMB; 
(d) Mutilating, defacing or destroying objects of natural beauty, or objects of 
(e) Damaging and leaving roads and trails in a damaged condition; 
(f) Squatting, mineral location or otherwise occupying any land; 
(9) Constructing or maintaining any kind of structure, fence or enclosure, or 
conducting any business enterprise without a permit from the PAMB; 
SEC. 10. 
SEC. 11. 
interest to cultural communities; 


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(h) Leaving in exposed or unsanitary condition refuse or debris, or depositing the 
(i) Altering, removing, destroying or defacing boundary marks or signs. 
SEC. 13. 
same in ground or in bodies of water; and 
Penalties. -Whoever violates this Act or any rules and regulations 
issued by the DENR or the PAMB pursuant to this Act or whoever is found guilty by a 
competent court of justice of any of the offenses in the preceding section shall be fined 
in the amount of not less than Five thousand pesos (P5,OOO.OO) nor more than Five 
hundred thousand pesos (P500,000.00), exclusive of the value of the thing damaged or 
imprisonment for not less than one year but not more than six years, or both, as 
determined by the court: Provided, That if the area requires rehabilitation or restoration 
as determined by the court, the offender shall also be required to restore or 
compensate for the restoration to the damage: Provided, further, That the court shall 
order the eviction of the offender from the area and the forfeiture in favor of the 
government of all minerals, timber or any species collected or removed, including all 
equipment, devices, and firearms used in connection therewith and any construction or 
improvement made thereon by the offender. 
If the offender is an association or 
corporation, the president or manager shall be directly responsible for the act of his 
employees and laborers: Provided, finally, That the DENR may impose administrative 
fines and penalties consistent with this Act. 
Reporting Responsibility. - The PASu, through the PAMB shall be 
responsible in the preparation of accomplishment reports on the activities undertaken 
in the PA for submission to the Secretary of the DENR. 
SEC. 15. Consfrucfion. - The provisions of this Act shall be construed liberally in 
favor of tenured migrants and in harmony with the principles of protection and 
conservation of biodiversity. Provisions of Republic Act No. 7586 not inconsistent with 
the provisions of this Act shall have suppletory effect in the implementation of this Act.’ 
Separabi/ify Clause. - If any part or section of this Act is declared 
by the court as unconstitutional, such declaration shall not affect the other parts or 
sections hereof. 
Repealing C/ause. - The provisions of the NIPAS Act are hereby 
modified in accordance with the provisions herein. All other laws, rules and regulations 
inconsistent with this Act are hereby repealed or modified accordingly. 
Effectivity Clause. This Act shall take effect fifteen (15) days after 
its complete publication in the Official Gazette or in a national newspaper of general 
circulation available in the PA. This Act shall be translated in a dialect known in the PA 
by the DENR within thirty (30) days from approval hereof and shall be posted for three 
consecutive weeks in conspicuous place in the provincial, municipal and barangay halls 
within the PA as well as in three other public places frequented by the public, 
SEC. 14. 
SEC. 16. 
SEC. 17. 
SEC. 18. 


Approved,