[ REPUBLIC ACT NO. 826, August 14, 1952 ]
AN ACT CREATING THE COMMISSION ON PARKS AND WILDLIFE, DEFINING ITS POWERS, FUNCTIONS, AND DUTIES.
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Creation of Commission on Parks and Wildlife.-In order to promote effectual planning, development, maintenance, and conservation of national parks, monuments and wildlife in said parks, of game and fish, and of provincial, city and municipal public parks, to provide for the enjoyment of the same, and to carry out the provisions of this Act, there is hereby created a commission to be known as the Commission on Parks and Wildlife, hereinafter referred to as the Commission. The Commission shall be composed of the Secretary of Agriculture and Natural Resources, who shall be the Chairman of the Commission, the Secretary of Public Works and Communications, the Secretary of Education, the Secretary of Health and the Social Welfare Commissioner, as members. The Chairman and the members of the Commission shall serve as such without additional compensation. A majority of the members of the Commission shall constitute a quorum.
The Commission shall be under the executive control and supervision of the President of the Philippines.
Section 2. Duties of the Commission.-It shall be the duty of the Commission to administer the provisions of this Act and to promote, conserve, maintain, and regulate the use of national parks, national monuments and wildlife in said parks, of game and fish, game refuges, bird sanctuaries, and game farms, and to provide assistance to, and cooperate with, the provinces, chartered cities, municipalities and municipal districts in the establishment and conservation of provincial, city, municipal and municipal district parks and monuments by such means and measures as conform to the fundamental purpose of the said parks, monuments, and game and fish, game refuges, bird sanctuaries, and game farms, which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein, including birds, fishes, mammals, and other animals and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the benefit and enjoyment of future generations. The Commission is also charged with the administration of Acts Numbered Twenty-five hundred and ninety, entitled "An Act for the protection of game and fish," and Numbered Thirty-nine hundred and fifteen, entitled "An Act providing for the establishment of National Parks, declaring such parks as game refuges, and for other purposes," both as amended.
Section 3. Powers of the Commission.-The Commission shall have power to:
a. Adopt rules and regulations for the administration of this Act, and the transaction of the business of the Commission.
b. Make expenditures for the care, supervision, improvement, development, extension and maintenance of all parks, parkways, and monuments under the control of the Commission and for the protection and conservation of wildlife and game fish, game refuges, bird sanctuaries and game farms.
c. Make rules and regulations governing the proper use and protection of park areas, game refuges, bird sanctuaries and game farms and to protect property and preserve the peace therein.
d. Cooperate with the local governments for the purpose of securing improvement, development, or maintenance of lands which are designated as parks or pleasure grounds and to secure agreements between the local governments for the accomplishment of the purposes of this Act.
e. Delegate to the Director of Parks and Wildlife or other employees of the Commission, to foresters, rangers and forest guards of the Bureau of Forestry; to land inspectors of the Bureau of Lands; to agricultural agents, plant inspectors or other suitable employees of the Bureau of Agricultural Extension Service or of the Bureau of Plant Industry; and to members of the Philippine Constabulary and of the local police force and other suitable persons any duty or authority relative to the administration, or protection of national parks, wildlife, game and fish, game refuges, bird sanctuaries and game farms.
Said Director of Parks and Wildlife and employees and persons shall comply with the duty and exercise the authority delegated to them pursuant to this subsection. They shall, in addition, be peace officers and as such they may arrest any person within the premises of national parks found under suspicious circumstances and reasonably tending to show that such person has committed or is about to commit an offense against the laws or regulations concerning national parks, wildlife, game and fish, game refuges, bird sanctuaries and game farms.
Section 4. Director of Parks and Wildlife-other employees.-The Commission shall have a Director of Parks and Wildlife who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and who shall have active charge and administration of all national parks and national monuments and of the laws relating to the protection of game and fish, game refuges, bird sanctuaries and game farms. He shall, under the direction of the Commission, cooperate with local boards of park commissioners and local officials in the establishment and conservation of provincial, city, municipal and municipal district public parks; He shall perform such other duties as may from time to time be required by the Commission. Said director shall be selected solely upon the basis of executive ability and special training in park matters. He shall receive an annual compensation of seven thousand two hundred pesos.
The Director of Parks and Wildlife shall appoint, in accordance with Civil Service Rules and Regulations and subject to the approval of the Commission, such employees as shall be necessary for the maintenance and conservation of national parks and monuments, and protection and conservation of wildlife and game and for carrying out the functions of the Commission.
Section 5. Acquisition of property by gifts or otherwise.- The Commission, on behalf of the National Government, and the provincial, city, and municipal or municipal district government, on behalf of the province, city, municipality or municipal district concerned, may acquire lands suitable for park purposes, by gift, donation, contribution or otherwise, and may receive and accept devises requests, and other gifts or beneficial transfers of property, money, and other objects for the purpose of the improvement or ornamentation of any national, provincial, city, municipal or municipal district park, pleasure ground, Parkway, avenue or road, or for the establishment in said park or pleasure ground of zoological or other gardens collections of natural history, monuments or works of arts, or for conservation of wildlife, game birds or animals.
Section 6. Restrictions on members and employees of Commission and Boards of Park Commissioners.-No member or employee of the Commission or of the local boards Of park commissioners shall be interested, directly or in. directly, in any contract relating to the establishment or maintenance of any national, provincial, city or municipal public park, pleasure ground or parkway, or in any contract providing for the expenditure of any money in relation thereto.
Section 7. Provincial, city and municipal parks.-Any province, city, municipality or municipal district may acquire, establish and maintain public parks, pleasure grounds and parkways within the boundaries of said province, city, municipality or municipal district. Lands which may be required for any of such purposes may be set aside by such province, city, municipality, or municipal district and devoted to such purposes, out of any lands or parcels of land owned or possessed by any such province, city, municipality or municipal district; or said lands may be acquired by gift or purchase, in the manner provided by law: Provided, That no lands, the purchase price of which exceeds one thousand pesos, shall be acquired by purchase by a province, city, municipality, or municipal district for any of such purposes without the previous approval of the President of the Philippines.
Any province, city, municipality or municipal district establishing public parks, pleasure grounds or parkways under the provisions of this Act shall, by its duly constituted authority, have full power to cultivate, plant and otherwise improve the same; and shall enact resolutions or ordinances for the proper administration, maintenance and use thereof.
Section 8. Cities and towns may unite in establishing parks.-Any two or more cities, municipalities or municipal districts which are contiguous or adjacent may unite in acquiring, establishing and maintaining public parks, pleasure grounds or parkways for their common benefit upon such terms and conditions as may be mutually agreed upon by ordinance.
Section 9. Board of Park Commissioners.-Whenever a province, city, municipality or municipal district has established a public park, the provincial governor, city, municipal, or municipal district mayor thereof shall, with the consent of the provincial board, city, municipal or municipal district council, appoint a board of park commissioners, hereinafter called the Board, which shall be composed of three most travelled and civic minded members who shall be residents of the province, city, municipality or municipal district where such park is located, and who shall serve for a term of two years without compensation.
The Board shall elect from among themselves a chairman. A majority of the Board shall constitute a quorum for the transaction of business, and no action of the Board shall be binding unless authorized by a majority of the members of the Board at a regular meeting or duly called special meeting thereof. The Board shall be provided by the province, city, municipality, or municipal district with a convenient office and with such facilities and stationery as may be necessary for the performance of their duties. The provincial governor, city, municipal, or municipal district mayor concerned may, upon recommendation of the Board, appoint a secretary of the Board, who shall keep a record of all proceedings of the Board, have custody of and preserve all its records and perform such other duties as may be prescribed by the Board.
Section 10. Management of local parks-Rides.-The Board of Park Commissioners shall have the management and control of public parks, pleasure grounds and parkways of the province, city, municipality, or municipal district therein it is appointed. It shall establish necessary rules and regulations not in conflict with law or the ordinances of the city, municipality or municipal district for the proper supervision and use of such parks, pleasure grounds and parkways and shall have such additional powers relating thereto as may be prescribed by resolution of the provincial board or ordinance by the city, municipal, or municipal district council. The provincial board, city, municipal, or municipal district council concerned by resolution or ordinance, provide for the enforcement of the rules and regulations promulgated by the board of Park Commissioners. The Board may appoint a park caretaker, who shall be a practical landscape gardener and who shall, under the direction of the Board, have active charge, control and direction of all the parks, pleasure grounds or parkways under the control of said Board and perform such other duties as may be required by the Board.
The provincial board, city, municipal, or municipal district council, as the case may be, shall provide for the salary of the park caretaker and the secretary to the Board of Park Commissioners.1aшphi1
Section 11. Park Commissioners and employees not to be interested in contract.-No park Commissioner or employee of the Board of Park Commissioners shall be interested, directly or indirectly, in any contract relating to the establishment or maintenance of any public park or pleasure grounds under its jurisdiction or in any contract providing for the expenditure of any money in relation thereto.
Section 12. Expenditures for park purposes.-The Board shall, with the approval of the provincial governor, city, municipal or municipal district mayor concerned, have full, complete and exclusive power and authority to expend, for and on behalf of the province, city, municipality or municipal district wherein it is appointed, all sums of money that may be appropriated for the establishment, maintenance and improvement of public parks, parkways and pleasure grounds therein.
Section 13. Transfer of functions and activities relative to parks, wildlife and game and fish to Commission.-All the powers, functions and duties vested in, and exercised by, the Secretary of Agriculture and Natural Resources and the Director of Forestry under Acts Numbered Twenty-five hundred and ninety and Thirty-nine hundred and fifteen, both as amended, relative to the protection of game and fish and the establishment of national parks, are transferred to the Commission on Parks and Wildlife and the director of Parks and Wildlife, respectively.
The Game and Wildlife Section of the Bureau of Forestry and the positions therein in charge of the work relative to the maintenance, operation and improvement of national parks, together with their corresponding personnel, appropriations, equipment, facilities, records and other property, are hereby likewise transferred to the Commission on Parks and Wildlife.
Section 14. Appropriations.-Aside from the sums set aside in the General Appropriation Acts for the Game and Wildlife Section of the Bureau of Forestry and for the positions in charge of the work relative to the maintenance, operation and improvement of national parks, which are by virtue of this Act transferred to the Commission on Parks and Wildlife, there is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, the sum of five thousand pesos which shall be expended by the Commission on Parks and Wildlife for the establishment, maintenance, conservation and improvement of national parks, monuments, and parkways; for the construction, maintenance and repair of roads, trails, and necessary buildings within the said parks; for the protection and propagation of game birds, mammals, and other useful wild animals protected by law; for the establishment, improvement and maintenance of game refuges, bird sanctuaries and game farms; for the salaries and wages of the necessary personnel; and for sundry and other necessary expenses which the said Commission may incur in carrying out the provisions of this Act for the remainder of the fiscal year nineteen hundred and fifty-two and for the fiscal year nineteen hundred and fifty-three. Thereafter, the necessary funds for the operation of the Commission on Parks and Wildlife and for carrying out its activities shall be included in the Annual General Appropriation Acts.
Section 15. Repeals.-All Acts and parts of Acts in conflict with the provisions of this Act are repealed.
Section 16. Date of taking effect.-This Act shall take effect upon its approval.
Approved, August 14, 1952.
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