Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5107

Introduced by HON. CARLITO “Lito” S. MARQUEZ
Lone District, Aklan

EXPLANATORY NOTE

On April 18, 2002, former President Gloria Macapagal —Arroyo issued
Presidential Proclamation No. 186 which set aside the Northwest Panay
Peninsula Protected Natural Park (NWPPNP) and designated it as a
protected area under the jurisdiction of the Department of Environment
Natural Resources and that it be managed in accordance with the
provisions of the National Integration Protection Area System Act of 1992
(NIPAS Act).

The NIPAS Act specifically provides that after the issuance of an
edict, which is Presidential Proclamation 186 that designated NWPPNP as
a protected area and provided for interim measures for its protection and
management, the passage of a law must be clearly enacted to assert the
area as protected.

A cursory reading of Section 2, Article XII of the 1987 Philippine
Constitution provides:

“All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned
by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated. The
exploration, development, and utilization of natural
resources shall_be under the full contro! _and
supervision of the State.

Page 1 of 16


The State may directly undertake such activities, or it
may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or
corporations or associations at least 60 per centum of
whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty
five years, renewable for not more than twenty-five
years, and under such terms and conditions as may be
provided by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other than
the development of waterpower, beneficial use may be
the measure and limit of the grant.” (Emphasis
supplied)

Pursuant to the above-quoted constitutional proviso, the proposed
measure chases to uphold and guarantee the conservation, protection,
management and rehabilitation of the biological resources, both flora and
fauna, that are native and distinct to Panay Island and the Panay-Negros
biographical region, as well as their aesthetic and ecological prominence

The benefit of this proposed bill is not alone restrained to the
fortification of said area and its environment. To be consistent and in
harmony with ‘intergenerational responsibility’ and “intergenerational
justice’, this bill likewise postulates sustainable livelihood opportunities to
its tenured migrants.

The bill would also tend to allow for entry and development inside the
NWPPNP’s northern edge for renewable energy projects under the
auspices of the Department of Energy like the PetroWind Energy,
Incorporated (PWEl) for its Nabas Wind Farm, to name a few. The Nabas
Phase 1 that consists 18 wind turbine generators produces 36 megawatts
which was put on commercial operation on June 10, 2015. Accordingly,
Nabas Phase 2 is designed to generate 14 megawatts from its 7 wind
turbine generators but it is sad to note that there has been no activity done
yet on Nabas Phase 2 as PWEI is waiting for the passage of this proposed
measure and not be held hostage by provisions of Section 14 of the NIPAS
Act. This would contribute to the power of the Visayas Region sourced
from clear energy, not to mention the royalties to be paid to the local and
national government and the development of an eco-tourism area, to name
a few.

In view of the foregoing, the passage of this bill is earnestly sought.

bap. Ane

HON. CARLITO “Lito” S. MARQUEZ

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Republic of the Philippines
Congress of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS,
First Regular Session

HOUSE BILL NO. 5107

Introduced by HON. CARLITO “Lito” S. MARQUEZ
Lone District, Aklan

AN ACT
DECLARING THE NORTHWEST PANAY PENINSULA LOCATED IN
THE MUNICIPALITIES OF NABAS, MALAY AND BURUANGA,
PROVINCE OF AKLAN AND IN THE MUNICIPALITIES OF LIBERTAD
AND PANDAN, PROVINCE OF ANTIQUE AS A PROTECTED AREA
UNDER THE CATEGORY OF NATURAL PARK, PROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.
ARTICLE|
POLICIES AND OBJECTIVES

SECTION 1. Title. - This Act shall be known as the “Northwest Panay
Peninsula Natural Park (NPPNP) Act”.

SECTION 2. Statement of Policy. - In recognition of the richness of the biological
resources, both flora and fauna, that are native and distinct to Panay Island and the
Panay-Negros biographical region, as well as their aesthetic and ecological importance,
it is hereby declared the policy of the State to ensure the conservation, protection,
management and rehabilitation of these areas

Page 3 of 16


The conservation and protection of biological and physical diversities to sustain
human, plant and animal life shall be pursued through sustainable and participatory
management among the national government, through the Department of Environment
and Natural Resources (DENR) and the provincial governments of Aklan and Antique,
the local government units (LGUs) of the municipalities of Nabas, Malay and Buruanga
in the Province of Aklan and the municipalities of Libertad and Pandan in the Province
of Antique, the non-govemmental organizations (NGOs), people's organizations (POs),
local stakeholders and the indigenous cultural communities (ICCs), particularly the
Aetas, locally called “Ati”

SECTION 3. Declaration as Protected Area, - Pursuant to and in accordance with
Republic Act No. 7586 or the National integrated Protected Areas System Act of 1992
(NIPAS Act), a tract of land of the public domain situated within the Northwest Panay
Peninsula is hereby declared a protected area under the category of a natural park.

SECTION 4. Scope and Coverage. - The NPPNP shall cover a certain parcel of
land located in the municipalities of Nabas, Malay and Buruanga, Province of Aklan and
in the municipalities of Libertad and Pandan, Province of Antique. Its boundaries are
more particularly described as follows:

Beginning at a point marked “1” of the map, which is N. 82° 37' E., three
thousand three hundred twenty-six and four tenth (3,326.4) meters; from BLLM No. 7,
PSC-38 of Libertad, Antique;

Thence S. 74° 34'W., 1,389.91 meters to corner 2;
Thence N. 74° 23' W., 1,671.82 meters to corner 3;
Thence S. 64° 12' W., 2,112.89 meters to corner 4;
Thence N, 54° 59' W., 1,306.72 meters to corner 5;
Thence N. 47° 07'W., 1,572.37 meters to corner 6;
Thence N. 36° 09' W., 1,331.49 meters to corner 7;
Thence N. 43° 16' E., 1,743.57 meters to corner 8;
Thence S, 40° 18'E., 1,049.46 meters to corner 9;
Thence N. 11° 45’ W., 766.12 meters to corner 10;
Thence N. 07° 16'E., 1,735.66 meters to corner 11;
Thence N, 30° 53’ W., 699.43 meters to corner 12;
Thence N. 31° 50’ E., 1,188.35 meters to corner 13;
Thence N. 87° 15'E., 2,298.33 meters to corner 14;
Thence N. 15° 19'E., 1,171.69 meters to corner 15;
Thence S. 84° 01'E., 2,398.04 meters to corner 16;
Thence N. 87° 54’ E., 805.44 meters to corner 17;
Thence S. 48°23’ E., 2,356.49 meters to corner 18;
Thence S. 50° 18’ E., 1,269.20 meters to corner19;
Thence S. 58° 49’ E., 1,424.64 meters to corner 20;
Thence S. 78° 05'E., 2,152.13 meters to corner 21;
Thence S. 51° 59’ E., 1,238.41 meters to corner 22;
Thence S. 30° 12’ E., 2,266.24 meters to corner 23;
Thence S. 05° 39’ E., 1,685.24 meters to corner 24;
Thence S. 22° 26’ W., 1,764.83 meters to corner 25:
Thence S. 53° 35’ W., 1,081.73 meters to corner 26:
Thence N. 86° 42’ W., 533.23 meters to corner 27;
Thence S. 10° 33’ W., 1,117.38 meters to corner 28;
Thence S. 79° 32’ W. 962.01 meters to corner 29;
Thence N. 57° 20' W. 1,807.07 meters to corner 30;
Thence N. 64° 49° W., 1,535.10 meters to corner 31;
Thence N. 74° 48’ W., 2,453.48 meters to corner 1,

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the point of beginning, containing an approximate area of twelve thousand nine and
twenty-nine hundredth (12,009.29) hectares, more or less, subject to actual ground
survey.

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

SECTION 5. Land Classification All lands of the public domain within the
coverage and scope of this Act shall fall under the classification of national park as
provided for in the Philippine Constitution.

SECTION 6. Establishment of Buffer Zones.- Buffer zones shall be established
along and adjacent to the peripheral boundaries to serve as protective layer to the area
and its resources. The buffer zones shall also serve as a social fence against the entry
of intruders that bring destruction or conduct activities detrimental to the park.
Prescriptions for the management of buffer zones shall be included as components of
the protected area management plan. The DENR shall exercise the same authority over
buffer zones in the same manner as protected areas: Provided, however, that there
shall be consultation with the affected communities.

The buffer zones shall be established by the DENR, in consultation with the
affected communities, after conducting a thorough study on their implications to the
development of the park and the surrounding communities,

SECTION 7. Definition of Terms. - For purposes of this Act, the following terms
shall be defined as follows:

a) Bioprospecting - shall refer to any research activity or collection and utilization
of biological and genetic resources for purposes of applying the knowledge
derived therefrom solely for commercial purposes,

b) Buffer zones - shall refer to areas that are outside the boundaries of and are
immediately adjacent to designated protected areas, pursuant to Section 3 of this
Act, that need special development control in order to avoid or minimize
encroachment and harm to the protected area;

©) By-products or Derivatives - shall refer to any part taken or substance
extracted from wildlife, in raw or processed form, which include stuffed animals
and herbarium specimens;

d) Cave - shall refer to any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or
ledge and which is large enough to permit an individual to enter, whether or not
the entrance, located either on private or public land, is naturally formed or man-
made. It shall include any natural pit, sinkhole or other feature which is an
extension of the entrance. The term also includes cave resources but not any
mine tunnel, aqueduct or other man-made excavation;

@) Collection or Collecting - shall refer to the act of gathering or harvesting
wildlife, its by-products or derivatives;

f) Conservation - shall refer to any act or acts of preservation and sustainable
utilization of wildlife and/or maintenance, restoration and enhancement of the
habitat;

Page 5 of 16


g) DENR - shail refer to the Department of Environment and Natural Resources,
a national government agency created under Executive Order No. 192 with
jurisdiction over forestlands and protected areas;

h) General Management Planning Strategy (GMPS) - shall refer to a document
that serves as a guide in the formulation of site-specific development plans
including plans for the buffer zone;

*
i) Indigenous Cultural Community (ICC) - shall refer to a group of people sharing
common bonds of language, customs, traditions and other distinctive cultural
traits and who have, since time immemorial, occupied, possessed and utilized a
territory;

j) Integrated Protected Areas Fund (IPAF) - shall refer to a special account in the
National Treasury established for the purpose of promoting the sustained
financing for the operations of the NIPAS. The IPAF may receive revenues
generated within the protected area or through donor support and such other
funds provided by law;

k) Local Government Unit (LGU) - shall refer to any local government unit, a
political body created under Republic Act No. 7160, otherwise known as the
“Local Government Code of 1991", a body politic and corporate endowed with
powers to be exercised by it in conformity with law, and exercising powers as a
political subdivision of the national goverment and as a corporate entity
representing the inhabitants of the territory;

1) National park - shall refer to a tract of land of the public domain classified as
such pursuant to the 1987 Philippine Constitution;

m) Natural park - shall refer to a relatively large area not materially altered by
human activity where extractive resource uses are regulated and maintained to
protect outstanding natural and scenic areas of national or international
significance for scientific, educational and recreational use;

n) National Integrated Protected Areas System (NIPAS) Act - shall refer to
Republic Act No. 7586, entitled ‘An Act Providing for the Establishment and
Management of National Integrated Protected Areas System, Defining its Scope
and Coverage, and for Other Purposes’, which mandates the classification and
administration of all designated protected areas in order to maintain ecological
processes and life support systems, to preserve genetic diversity, to ensure
sustainable use of resources found within the protected areas and to maintain
their natural conditions to the greatest extent possible;

0) NGO - shall refer to any non-governmental organization or any civic,
developmental, environmental or philanthropic non-stock, non-profit organization

p) Northwest Panay Biodiversity Management Council (NPBMC) - shall refer to a
multi-sectoral body organized in 1999 and was instrumental in the proclamation
of the NPPNP as a protected area;

q) Protected Area Management Board (PAMB) - shall refer to a governing body
created for each protected area pursuant to the NIPAS Act, and tasked to
oversee all activities inside the protected area and its buffer zone;

1) Protected Area Superintendent (PASu) - shall refer to the chief operating
officer of the DENR who is directly responsible to the PAMB and the concerned
DENR Regional Executive Director;

Page 6 of 16


s) Peninsula - shall refer to a strip of land projecting into water; a narrow piece of
land that juts out from the mainland into a sea or lake;

t) People’s Organization (PO) - shall refer to any locally based people's
organization or to any group of people formed to advance the interests of the
sector they represent;

u) Protected area - shall refer to any identified portion 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;

v) Secretary - shall refer to the Secretary of the DENR; and

w) Tenured migrant - shall refer to any person who has actually and continuously
occupied an area for five (5) years prior to its designation as part of a protected
area and is usually dependent on that area for subsistence.

ARTICLE Il
MANAGEMENT, MANAGEMENT PLAN AND ZONING

SECTION 8. Management of the Northwest Panay Peninsula Natural Park. - The
management and administration of the NPPNP shall be vested in the PAMB: Provided,
That the processes and procedures in the management of zones to be established in
the area shall be consultative and participatory.

SECTION 8. Local Government Units. As members of the PAMB, the LGUs are
mandated to participate in the affairs and support the programs and projects of the
protected area

Specific co-management strategies, through the signing of memoranda of
agreement, may be adopted, at the discretion of the PAMB, to strengthen and empower
its partner POs, NGOs, ICCs and LGUs in all management schemes and undertakings
of the NPPNP

There shall be an integration of objectives of the NPPNP with the development
plans of the two (2) provinces of Aklan and Antique. The respective LGUs shall ensure
that local ordinances on environmental protection and conservation and the allocation of
funds for environmental programs are consistent with this Act and the management
plan.

SECTION 10. The Northwest Panay Biodiversity Management Council (NPBMC).
= The NPBMC shall continue to serve as the coordinating body among member LGUs
to strengthen policy direction and heighten the commitment of the communities within
and bordering the NPPNP.

The NPBMC shall work closely with the PAMB to reduce the pressure on the
NPPNP from the surrounding communities through development programs and other
activities geared towards the protection, conservation and sustainable use of the latter's
resources, The NPBMC may also provide assistance to the PAMB.

SECTION 11. The General Management Planning Strategy (GIMPS). - The
GMPS for the NPPNP shall be prepared to provide a long-term basic management
framework, govern all activities and serve as guide in the preparation of annual
operations and budgetary requirements.

Page 7 of 16


The GMPS shall identify the allowable uses for each zone. The preparation of
GMPS shall be undertaken by the PAMB under the supervision of the DENR, in
consultation with the different stakeholders. In addition to the contributions from various
technical experts on biodiversity management, the PAMB shall solicit the assistance of
NGOs and academic institutions in the preparation of the GMPS, particularly in the
areas of community-based resource management and ICC concerns. The plan must be
consistent with the objectives of the NPPNP.

The GMPS shall contain information on the following:

a) The period of applicability which shall be twenty-five (25) years subject to
review and modifications, whenever the PAMB deems it necessary;

b) Key management issues:

c) Goals and objectives of management in support of Section 2 of this Act;

d) Site management strategies;

e) Zoning, in accordance with Section 11 of this Act;

f) Management programs, to include the enforcement of laws, habitat and wildlife
management, ecotourism, sustainable-use management, _ infrastructure
development and maintenance, fire prevention and pest control:

g) Mechanisms for the protection of the identified core zone and tenured
migrants;

h) Sustainable and non-destructive livelihood activities;

i) Regulations on the preservation and conservation of resources such as

permits, resource-use restrictions and the like; and

j) Other information as may be deemed necessary.

The GMPS shall be reviewed and adopted by the PAMB and certified by the
Secretary that it conforms to all laws, rules and regulations issued by the DENR. The
revision or modification of the GMPS shall be undertaken after consultation with the
approval by the PAMB.

The GMPS shall be prepared in English, but shall be translated in a dialect
commonly understood among the majority of the residents. It shall be made available
for public perusal at the Office of the PASu,

SECTION 12. Management Zones. - Management zones shall be established
within the NPPNP, giving primary consideration to its protection and conservation
Zoning shall take into account the tenurial and livelihood concerns of communities to
ensure the efficient protection of habitats, fragile ecosystem and unique areas, without
compromising the general welfare of the local inhabitants.

The establishment and management of zones shall involve the communities
concerned through dialogues, consultations and land resource-use mapping with the aid
of geographic information system and latest technologies. Such management zones
shall be delineated and established on the ground with the participation of communities,
LGUs and other stakeholders.

All zones that shall be established shall be indicated on maps for control point
and management purposes.

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ARTICLE Ill
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS OF MANAGEMENT
SECTION 13. Institutional Mechanisms, Roles and Functions of Management. -

a) The PAMB shall be the highest policy-making body of the NPPNP. It shall be
composed of the following

1) The DENR Regional Executive Director (RED) for Region VI, as chairperson
and adviser on matters related to the technical aspects of protected area
management;

2) The governors of the provinces of Aklan and Antique or their duly authorized
representatives, preferably the respective provincial planning and development
officers (PPDO) or environment and natural resources officers;

3) The mayors of the municipalities. of Nabas, Malay and Buruanga, Province of
Aklan and the municipalities of Libertad and Pandan, Province of Antique, or their
duly authorized representatives;

4) All punong barangays with territorial jurisdiction over the NPPNP, or their duly
authorized representatives;

5) Three (3) representatives from the NGOs based in the provinces of Aklan and
Antique and at least seven (7) POs duly accredited by the DENR and LGUs with
tangible projects within the NPPNP at the time of their membership in the PAMB.
In the absence of accredited NGOs, any environmental NGO may be appointed
by the Secretary to nominate its representative as PAMB member,

6) A representative from the ICCs residing inside the NPPNP or within its buffer
zones; and

7) A representative each from other national government agencies involved in
Protected Area Management.

b) There shall be an Executive Committee (ExeCom) within the PAMB to whom may be
delegated some of its powers and functions, to be composed of the Regional Technical
Director for Protected Areas, Wildlife Zones and Coastal Management Service as
chairperson, and at least two (2) representatives each from the LGUs, the NGOs and
the ICCs. The PAMB shall determine the scope and extent of the authority to be
delegated to the ExeCom.

c) Except for government officials who shall serve as ex officio, each PAMB member
shall serve for a term of five (5) years without compensation: Provided, that such
government official remains connected with the office or agency being represented. The
term of office of the NGO and the PO representatives in the PAMB shall be coterminous
with the duration and existence of the organizations’ projects in the protected area
Whenever a seat allotted for the NGOs becomes vacant, a new member shall be
chosen in the same manner as the original selection process: Provided further, that the
substitute shall only serve for the remaining term of the predecessor. In the case of
elective government officials, their membership in the PAMB shall be coterminous with
their respective terms of office

The PAMB en banc shall hold a regular meeting at least twice a year and the
ExeCom shall hold regular meetings at least once every four (4) months. For both
bodies, a quorum shall consist of a simple majority of the members. The chairperson
may call for a special meeting as deemed necessary

The members of the PAMB shall be entitled to reimbursement of actual traveling
and subsistence expenses incurred in attending the meetings of the PAMB or its
committees, subject to existing accounting and budgeting rules and regulations. These
expenses shall be included in the annual budgetary allocation for the NPPNP

Page 9 of 16


SECTION 14. Functions of the PAMB. - The PAMB shall decide by a majority
vote and shall have the following powers and functions:

a) Formulate rules and regulations pertaining to activities that are prejudicial to
the NPPNP;

b) Issue necessary permits for all activities in accordance with the management
plan and pertinent laws and regulations on forest resources and environmental
protection;

c) Decide on matters relating to planning, resource protection and general
administration in accordance with the GMPS;

d) Approve proposals, work plans, action plans and guidelines for management
in accordance with the approved management plan;

) Promulgate rules and regulations to promote development programs and
projects on biodiversity conservation and sustainable development consistent
with the management manual:

f) Ensure the implementation of programs, as prescribed in the management
plan, in order to provide employment to the people dwelling in and around the
NPPNP;

g) Control and regulate the construction, operation and maintenance of roads,
trails, waterworks, sewerage, fire protection and sanitation systems and other
public utilities;

h) Monitor and evaluate the performance of personnel, NGOs and the
communities in contributing to biodiversity conservation and sociocultural and
economic development, and report its assessment to the NIPAS Policy and
Program Steering Committee and the IPAF governing board;

i) Deputize, through the PASu, interested individuals for the enforcement of laws,
rules and regulations and prescribe the necessary qualification standards for
individuals or groups applying for deputation;

j) Accept donations, approve proposals for funding and budget allocation, and
exercise accountability over all funds that may accrue to the NPPNP; and

k) Create committees that may be needed for the effective implementation of
programs and projects

The DENR, through the RED for Region VI, shall ensure that the PAMB
exercises authority within the scope of its powers and functions. In case of conflict
between issuances of the DENR pursuant to the NIPAS Act and the rules and
regulations or resolutions of the PAMB, the Secretary shall decide whether to apply the
rule or withdraw its application in the NPPNP.

SECTION 15. The PASu Office. There is hereby established a PASu office in
charge of the management, protection and administration of the NPPNP. The PASu
shall be supported by the existing personnel of the DENR. The PASu shall be the chief
operating officer of the NPPNP and shall be accountable to the RED of the DENR VI
and the PAMB. The PASu shall have the following powers and functions:

a) Prepare and recommend to the PAMB the approval of the annual work and
financial plans

b) Develop a management information system to ensure that relevant and
updated information are available for planning, monitoring and decision-making
¢) Collect and/or receive pertinent fees, donations and other income for the
protected area;

d) Initiate the preparation of the GMPS in coordination with other government
Offices and sectors;

@) Serve as head of the secretariat for the PAMB;

Page 10 of 16


4) Establish @ productive partnership with the local community and stakeholders,
including groups who are interested in attaining the goals and objectives of the
NPPNP;

g) Formulate and implement park information, education, communication and
visitor programs;

h) Enforce laws, rules and regulations pursuant to existing environmental laws
and DENR orders to protect and preserve the NPPNP from trespass, damage
injury and illegal occupancy;

i) Certify whether a proposed activity or project is allowable or not within the
management zones;

}) Issue cutting permit for planted trees for a volume of up to five (5) cubic meters
per applicant per year for traditional and subsistence livelihood of
ICCs/indigenous peoples (IPs) and tenured migrants only: Provided, that
Protected Area Community-Based Resource Management Agreement
(PACBRMA) holders with affirmed community resource management plans shall
no longer be issued cutting permits: Provided further, that the total volume of
extraction does not exceed the limit set by the PAMB and the location of
extraction is within the appropriate site within the multiple-use zone;

k) Issue certificates of origin and transport permits for natural resources and
other products collected or gathered from the NPPNP in accordance with the
resource-use instruments or agreements or gratuitous permits issued by the
PAMB and/or the DENR;

|) Monitor all activities within the NPPNP and its buffer zones; and

m) Perform such other functions as the PAMB or the RED may assign

ARTICLE IV
ANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS.

SECTION 16. Ancestral Lands and Domains. -The rights of the ICCs to their ancestral
lands and domains shall be recognized subject to existing and prior rights.

Traditional property regimes exercised by the ICCs in accordance with their
customary laws shall govern the relationship of all individuals within their communities
with respect to all lands and other resources found within their ancestral lands and
domains

The provisions of this Act shall be construed liberally in favor of the ICCs in
accordance with the conservation objectives of the NPPNP that would not impair,

diminish or derogate any prior or existing right currently enjoyed by the ICCs under
existing laws

SECTION 17. Tenured Migrants. Tenured migrants are households that have
actually and continuously occupied the NPPNP before April 25, 1997 and are solely
dependent on the area for their livelihood, A tenured migrant shall be issued a tenurial
instrument on the areas they have been occupying or cultivating, not to exceed a
maximum of five (5) hectares per household. In consideration of current practices in
areas occupied by tenured migrants, especially in strict protection zones where no
occupation or other activities are allowed, a provision for their transfer to sustainable-
use zones shall be accomplished through just and humane means

To effectively provide a social fence to the NPPNP, a tenurial instrument to be
issued pursuant to this Act must be limited solely to the sustainable-use zones in
accordance with GMPS. The tenurial instruments or the rights and interests arising out
of such instruments shall not be transferred, sold, leased or used as collateral for a
loan, otherwise it shall be void. The said rights can be transferred only to direct
descendants.

Page 11 of 16


A tenurial instrument shall cover a period of twenty-five (25) years, renewable for
another twenty-five (25) years based on the performance evaluation and compliance
with the terms and conditions stipulated in the said instrument.

Any violation of the terms and conditions of the tenurial instrument or any
provision of this Act or abandonment by a tenured migrant shall constitute a sufficient
ground for the cancellation of the tenurial instrument.

Upon cancellation of a tenured migrant instrument for cause or by voluntary
surrender of rights, the PAMB shall take immediate steps or strategies to develop,
rehabilitate and maintain the area for protection, conservation and sustainable use.

ARTICLE V
ILLEGAL ACTS

SECTION 18. Prohibited Acts. - The following shall be the prohibitions and
penalties within the NPPNP;

a) A fine of not less than Five Thousand Pesos (PhP5,000,00) but not more than Five
Hundred Thousand Pesos (PhP500,000.00) or imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years, or both, at the discretion of
the court shall be imposed upon any person who shall:

1) Hunt, collect, destroy, trap, disturb or possess anywhere within the NPPNP.
any wild plant or animal or product derived therefrom without prior PAMB permit:
2) Possess, without a permit from the PAMB, any wild plant or animal or product
derived from such wild plant or animal within the NPPNP or in any of its
management zones where the species is not endemic;

3) Cut, gather, collect or remove timber or other forest products, as well as
undertake any activity not compatible with the use of the respective zones within
the NPPNP without prior PAMB permit: Provided, that any permit issued shall be
valid for only one (1) month from the date of issue either to tenured migrants
within sustainable, monitored and controlled quotas or for scientific purposes in
accordance with existing guidelines and outside the strict protection zones;

4) Establish or introduce exotic species that have allelopathic or detrimental
effect to endemic species without prior PAMB permit; or

5) Engage in kaingin or slash-and-burn farming or any activity that causes forest
fire,

b) A fine of not less than Five Thousand Pesos (PhP5,000.00) but not more than Two
Hundred Fifty thousand pesos (PhP250,000.00) or imprisonment of not less than six (6)
months but not more than six (6) years, or both, at the discretion of the court, and the
restoration and rehabilitation of the damage resulting from violations shall be imposed
upon any person who shall

1) Violate the management plan or any resolution issued by the PAMB:

2) Vandalize, mutilate, transport, destroy, excavate or in any manner intentionally
damages any natural formation or object of natural beauty inside the protected
area, or the burial or religious sites including artifacts and other objects belonging
to the ICCs/IPs;

3) Dump, burn or otherwise dispose of any substance deleterious to the
ecosystem, plants and animals or human inhabitants or committing the same in
the buffer and multiple-use areas without appropriate authority or permit;

4) Use or possess a motorized equipment anywhere within the strict protection
zone without a prior permit from the PAMB;

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5) Use or possess chainsaws and band saws without prior PAMB. permit
Provided, that permits may only.be issued for use within the multiple-use zones;
6) Engage in grazing or raising of poultry and other livestock for commercial
purpose: Provided, that existing grazing or poultry and other livestock farms shall
be phased out within five (5) years after the effectivity of this Act:

7) Cause damage or leave roads and trails in damaged condition

8) Occupy any tract of land without a prior PAMB permit. Any clearing,
construction of residence or introduction of improvements shall constitute prima
facie evidence of occupation or settlement;

9) Alter, remove, destroy or deface boundaries, marks or signs;

10) Construct and maintain a building, edifice or any kind of structure or conduct
any business enterprise without a prior PAMB permit;

11) Enter the NPPNP without a prior PAMB permit for purposes of bird watching,
swimming, trekking, filming, camping, spelunking or caving and other similar
activities;

12) Conduct bioprospecting, research work or any study without a prior PAMB
permit or in violation of existing guidelines; or

13) Engage in treasure hunting.

c) A fine of not less than One Hundred Thousand Pesos (PhP 100,000.00) but not more
than Five Hundred Thousand Pesos (PhPS00,000.00) or imprisonment of not less than
six (6) months but not more than six (6) years, or both, at the discretion of the court
shall be imposed upon any public officer or law enforcement officer, who, in dereliction
of the duties of his office, shall maliciously refrain from instituting proper action for the
punishment of violators of the law or shall tolerate the commission of offenses. A
conviction of this offense shall also carry the penalty of perpetual disqualification from
public office;

d) In case the species involved in the violations enumerated under Section 18-a hereof,
are protected species, the penalty to be imposed shall not be less than twelve (12)
years and one (1) day but not more than twenty (20) years and a fine of not less than
Five Hundred Thousand Pesos (PhP500,000.00) to One Million Pesos (PhP
1,000,000.00) in addition to the accessory penalties provided in the immediately
succeeding paragraph. Furthermore, any citizen may institute the necessary charge
against the offender for the commission of the acts enumerated under Section 18-a
involving protected species;

e) A conviction under this section shall likewise carry the penalty of eviction from the
NPPNP, payment of damages for the rehabilitation and restoration and the forfeiture of
all equipment, device and weapon/s used in the commission of the offense as well as
the resources caught in the possession of the accused, In case the offender is not a
citizen of the Philippines, he/she shall be immediately deported to his/her country of
origin after service of his/her sentence. If the offender is an association ot corporation,
the president or manager shall be directly responsible for the act of the employees and
laborers;

f) The PASu or the duly deputized personnel may arrest even without a warrant any
person who has committed or is committing in one's presence any of the offenses
defined in this section. The PASU may also seize and confiscate in favor of the
government the tools and equipment used in committing the offenses and the resources
caught in the possession of the offender and file the necessary charges therefore
Provided, that the DENR may impose administrative fines and penalties in accordance
with law; and

g) In case of conviction, the penalty consisting of fines and damages shall directly
accrue to the IPAF for the protected area.

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SECTION 19. Special Prosecutor. ~ 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 NPPNP shall be assigned. Such
special prosecutor shall coordinate with the PAMB and the PASu in the performance of
one’s duties and assist in the training of wardens and rangers in arrest and criminal
procedures

ARTICLE VI
PROCEEDS AND FEES

SECTION 20. The Northwest Panay Peninsula Natural Park Protected Area
Fund, - There is hereby established a trust fund to be known as the Northwest Panay
Peninsula Natural Park Protected Area Fund for purposes of financing projects of the
system. All income generated from the operation of the system or the management of
wild flora and fauna in the NPPNP shall accrue to the fund, The said income shall be
derived from fees from permitted sale and export of flora and fauna and other resources
from the NPPNP, proceeds from lease of multiple-use areas, contributions from
industries and facilities directly benefiting from the NPPNP and such other fees and
income derived from the operation of the NPPNP.

The fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign: 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 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 NPPNP.

ARTICLE VII
EXISTING FACILITIES

SECTION 21. Existing Facilities. - Within ninety (90) days from the effectivity of
this Act, the PAMB shall be organized and a PASu shall be appointed who, within the
same period! shall make an inventory of existing facilities within the boundaries of the
NPPNP and submit the said inventory to the PAMB through a sworn statement
containing the following information

a) List of infrastructure, machineries and facilities and their potential
disturbances to protected species and their habitat, reproductive cycles,
nesting and feeding grounds;

b) Noise levels at all stages of operation;

¢) Energy requirements and sources of energy;

d) Water supply requirements and sources of water:

e) Volume of resources extracted from the protected area: and

f) Future plans for the next five (5) years

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Based on the submitted documents, the PAMB, with technical assistance from
the DENR, shall determine whether the existence and operation of said infrastructure,
machineries and facilities and its future plans and operations would be detrimental to
the NPPNP.

Existing laws, rules and regulations relating to the Environmental impact
Statement (EIS) System shall be applicable to projects and activities intended in the
NPPNP. The issuance by the DENR of an Environmental Compliance Certificate (ECC)
or its exemption for any project or activity in the NPPNP shall be coordinated with the
PAMB.

ARTICLE Vill
UTILIZATION OF RESOURCES

SECTION, 22. Utilization of Resources. - Livelihood activities requiring the use of
resources derived from the NPPNP shall be allowed only when it is found to be
sustainable and consistent with the GMPS and only upon prior PAMB approval, Only
non-timber products can be utilized for livelinood purposes, except trees planted in
tenured areas. No exploration, exploitation or utilization of non-renewable resources for
commercial purposes or by non-tenured migrants or non-ICCs shall be allowed. Energy
generation projects utilizing renewable resource such as, but not limited to,
hydroelectric, wind or solar generators may be allowed at the discretion of the PAMB

Commercial utilization of resources by tenured migrants and the ICCs shall be
allowed only upon prior PAMB approval and in accordance with the GMPS. Commercial
exploitation and utilization of water resources and other permitted resources and
establishment or installation of infrastructure such as, but not limited to, access roads,
telecommunication facilities, etc., within the NPPNP shall require PAMB approval
Provided, that these are not in conflict with the GMPS and shall undergo the EIS
System

The utilization of non-tangible resources such as, but not limited to, aesthetic
value, filming, camping and trekking areas, caving adventures, researches on flora and
fauna, and other related activities shall require the approval of the PAMB pursuant to a
corresponding permitting system to be adopted. The PAMB shall establish a
mechanism that would streamline the processing of these permits in order to promote
its viability to enhance revenue collection

A permanent office, strategically situated within the NPPNP, shall be established
for this purpose, where the PASu or his duly authorized representative can judiciously
act on requests from respective parties with authority from the PAMB

ARTICLE IX
TRANSITORY AND MISCELLANEOUS PROVISIONS
SECTION 23. 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.
SECTION 24. Applicability. - The provisions of this Act shall be construed

liberally in favor of tenured migrants and the ICC, with due consideration to the

protection of biodiversity. The NIPAS Act shall supplement the implementation of this
Act.

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SECTION 28. Transitory Provisions. - A new PAMB shall be convened and
created within three (3) months from the effectivity of this Act. During the same period,
the DENR, in coordination with the PAMB, the Committee on Natural Resources of the
House of Representatives, the Senate Committee on Environment and Natural
Resources and the concerned Congressional District Representatives shall undertake
the preparation of the implementing rules and regulations of this Act

SECTION 26. Separability Clause. - if any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof

SECTION 27. Repealing Clause. - All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly

SECTION 28. Effectivity Clause.- This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a national newspaper of general circulation

Approved,

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