Twelfth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three.
[ REPUBLIC ACT NO. 9304, August 2, 2004 ]
AN ACT TO ESTABLISH MT. MALINDANG NATURAL PARK, LOCATED IN THE PROVINCE OF MISAMIS OCCIDENTAL AS A PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT PURSUANT TO REPUBLIC ACT NO. 7586 (NIPAS ACT OF 1992) AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
Introductory Provisions
Section 1. Title. — This Act shall be known as the “Mt. Malindang Range Natural Park Act of 2004”.
Section 2. Declaration of Policy. — Considering the importance of Mt. Malindang’s unique biological resources and its aesthetic and ecological importance, it behooves the State to undertake steps for its protection and preservation. It is therefore declared the policy of the State to ensure the protection and preservation of Mt. Malindang, the communities, their culture and way of life therein, in accord with the rhythm and harmony of nature. In so doing, the State shall ensure the protection and conservation of biodiversity, sustainable and participatory development, advance and protect interests of its legitimate inhabitants and honor customary laws.
Section 3. Category. — Given the physical, natural features, socio-cultural and economic importance that contribute to its valuable role as life support system for the people living within and around Mt. Malindang, the evaluation led to its establishment as a “Natural Park” in accordance with Sections 3 (b) and 4 (h) of Republic Act No. 7586, otherwise known as the “National Integrated Protected Areas System (NIPAS) Act.”
Section 4. Scope. — Mt. Malindang Natural Park Protected Area shall cover parcels of land located in the Cities of Oroquieta, Ozamiz and Tangub and the Municipalities of Concepcion, Sapang Dalaga, Calamba, Aloran, Panaon, Jimenez, Sinacaban, Tudela, Clarin, Bonifacio, Don Victoriano, and Lopez Jaena, all within the Province of Misamis Occidental. It shall have the following boundaries:
Beginning at a point marked “1” on DENR NIPAS Map No. 7 at N 4°52’8?, 13,316.43 meters more or less, from B.L.L.M. No. 35 at 8°02’19” latitude and 123°35’12” longitude, Barangay Tiaman, Municipality of Bonifacio, Misamis Occidental;
thence N 48° 37? 53? E 420.73 meters to point 2
thence S 80° 2? 58? W 916.54 meters to point 3
thence N 5° 20? 53? W 3921.45 meters to point 4
thence N 8° 51? 30? W 589.72 meters to point 5
thence N 60° 47? 47? E 345.48 meters to point 6
thence N 20° 49? 35? W 621.95 meters to point 7
thence S 87° 50? 53? E 537.63 meters to point 8
thence N 15° 9? 20? E 898.63 meters to point 9
thence N 46° 40? 39? E 929.98 meters to point 10
thence N 14° 44? 32? E 538.86 meters to point 11
thence S 82° 10? 29? W 575.17 meters to point 12
thence N 80° 39? 5? W 134.66 meters to point 13
thence N 4° 9? 39? W 745.09 meters to point 14
thence N 80° 58? 15? E 398.25 meters to point 15
thence N 5° 28? 23? W 1978.33 meters to point 16
thence N 28° 35? 42? W 463.19 meters to point 17
thence N 20° 15? 59? W 609.15 meters to point 18
thence N 70° 10? 16? W 71.49 meters to point 19
thence N 14° 47? 28? E 399.29 meters to point 20
thence N 7° 1? 39? W 486.84 meters to point 21
thence S 83° 43? 26? W 635.75 meters to point 22
thence N 75° 19? 53? W 556.32 meters to point 23
thence N 53° 54? 19? E 582.97 meters to point 24
thence N 89° 28? 14? E 859.04 meters to point 25
thence N 38° 13? 58? W 2143.06 meters to point 26
thence N 82° 53? 32? E 1908.79 meters to point 27
thence N 12° 0? 9? E 549.70 meters to point 28
thence N 89° 3? 43? E 1042.33 meters to point 29
thence N 0º 2? 23? W 994.13 meters to point 30
thence N 15° 28? 28? W 944.03 meters to point 31
thence N 84° 50? 47? W 1065.93 meters to point 32
thence S 85° 41? 10? W 1005.35 meters to point 33
thence N 19° 24? 54? W 411.39 meters to point 34
thence N 21° 32? 19? W 726.08 meters to point 35
thence N 59° 55? 17? W 666.79 meters to point 36
thence N 48° 30? 21? E 533.36 meters to point 37
thence N 53° 4? 43? W 817.66 meters to point 38
thence N 8° 22? 30? W 996.82 meters to point 39
thence N 78° 24? 1? E 249.60 meters to point 40
thence N 35° 44? 2? E 1137.37 meters to point 41
thence N 65° 37? 41? W 657.33 meters to point 42
thence N 7° 9? 12? E 453.72 meters to point 43
thence N 23° 8? 52? E 871.27 meters to point 44
thence N 12° 13? 55? W 1273.79 meters to point 45
thence N 40° 41? 15? E 1244.19 meters to point 46
thence N 47° 7? 44? E 397.31 meters to point 47
thence N 55° 19? 23? E 932.97 meters to point 48
thence N 40° 19? 16? E 541.77 meters to point 49
thence N 81º 49? 40? E 1132.18 meters to point 50
thence S 52º 27? 3? E 581.39 meters to point 51
thence N 24° 3? 34? E 1708.90 meters to point 52
thence N 37° 15? 10? E 645.51 meters to point 53
thence S 42° 3? 16? E 1149.77 meters to point 54
thence N 42° 11? 12? E 1161.50 meters to point 55
thence N 28° 14? 2? E 2089.40 meters to point 56
thence S 26° 51? 18? E 132.54 meters to point 57
thence S 2° 52? 55? W 274.72 meters to point 58
thence S 4° 52? 51? E 210.83 meters to point 59
thence S 1° 6? 25? W 559.73 meters to point 60
thence S 6° 26? 59? E 296.00 meters to point 61
thence S 17° 51? 5? W 733.57 meters to point 62
thence S 7° 12? 16? E 509.33 meters to point 63
thence S 42° 16? 59? E 186.44 meters to point 64
thence S 2° 6? 51? W 523.54 meters to point 65
thence S 86° 21? 8? E 406.70 meters to point 66
thence N 65° 6? 44? E 211.04 meters to point 67
thence N 51° 43? 48? E 406.16 meters to point 68
thence S 71° 15? 28? E 965.97 meters to point 69
thence N 13° 13? 14? E 506.94 meters to point 70
thence S 86° 50? 34? E 351.78 meters to point 71
thence S 6° 56? 15? E 2109.63 meters to point 72
thence N 83° 41? 39? E 1217.18 meters to point 73
thence S 36° 0? 5? W 305.16 meters to point 74
thence S 12° 23? 51? E 1195.31 meters to point 75
thence N 45° 19? 25? E 445.88 meters to point 76
thence N 45° 37? 8? E 1010.65 meters to point 77
thence N 75° 21? 58? E 687.49 meters to point 78
thence S 69º 36? 21? E 1718.00 meters to point 79
thence S 78° 24? 36? W 777.73 meters to point 80
thence S 40° 34? 28? E 318.44 meters to point 81
thence S 30° 27? 39? E 156.33 meters to point 82
thence S 60° 10? 19? W 593.21 meters to point 83
thence S 11° 41? 53? W 1154.73 meters to point 84
thence S 87° 6? 27? E 1693.10 meters to point 85
thence S 38° 11? 5? W 1593.54 meters to point 86
thence S 48° 55? 8? W 507.61 meters to point 87
thence S 50° 58? 13? E 1012.94 meters to point 88
thence S 38° 36? 6? W 442.18 meters to point 89
thence S 61° 59? 4? E 750.86 meters to point 90
thence S 17° 35? 36? W 2361.19 meters to point 91
thence S 33° 34? 20? W 430.50 meters to point 92
thence S 28° 27? 53? E 268.95 meters to point 93
thence S 20° 6? 49? W 758.98 meters to point 94
thence S 16° 0? 5? W 518.07 meters to point 95
thence S 8° 38? 36?W 375.96 meters to point 96
thence S 22° 4? 49? W 966.17 meters to point 97
thence N 88° 39? 31? W 744.95 meters to point 98
thence N 75° 41? 47? W 1276.51 meters to point 99
thence S 41° 55? 50? W 623.95 meters to point 100
thence S 54° 19? 29? E 2239.84 meters to point 101
thence S 60° 31? 18? W 1886.83 meters to point 102
thence S 57° 0? 50? E 1361.39 meters to point 103
thence S 2° 53? 38? W 756.40 meters to point 104
thence S 52° 10? 48? W 954.34 meters to point 105
thence N 83° 16? 34? W 251.42 meters to point 106
thence S 3° 30? 50? W 1201.26 meters to point 107
thence S 79° 53? 58? E 1061.64 meters to point 108
thence S 47° 37? 18? E 1503.38 meters to point 109
thence S 42° 51? 16? W 739.00 meters to point 110
thence S 34° 18? 21? W 737.09 meters to point 111
thence S 41° 24? 40? E 583.18 meters to point 112
thence S 81° 49? 30? E 959.94 meters to point 113
thence S 5° 59? 32? W 1837.41 meters to point 114
thence S 69° 47? 12? W 745.81 meters to point 115
thence S 2° 28? 56? E 888.96 meters to point 116
thence S 77° 49? 57? E 322.62 meters to point 117
thence S 15° 56? 56? E 554.08 meters to point 118
thence S 77° 41? 33? E 216.09 meters to point 119
thence S 28° 52? 16? E 309.11 meters to point 120
thence S 49° 11? 41? W 201.80 meters to point 121
thence S 29° 13? 39? W 291.84 meters to point 122
thence N 77° 32? 55? W 361.76 meters to point 123
thence S 22° 40? 8? W 184.71 meters to point 124
thence S 57° 14? 22? E 332.29 meters to point 125
thence S 20° 20? 27? W 1088.17 meters to point 126
thence N 86° 24? 59? W 395.96 meters to point 127
thence S 25° 1? 28? W 146.57 meters to point 128
thence S 56° 42? 43? E 528.61 meters to point 129
thence S 52° 15? 2? E 574.97 meters to point 130
thence S 68° 19? 19? W 129.27 meters to point 131
thence S 46° 14? 30? W 216.16 meters to point 132
thence N 89° 17? 59? W 317.02 meters to point 133
thence S 19° 34? 18? W 492.19 meters to point 134
thence S 85° 50? 10? W 202.28 meters to point 135
thence S 24° 50? 0? W 1669.57 meters to point 136
thence N 63º 50? 23? W 360.07 meters to point 137
thence S 46º 21? 23? W 484.86 meters to point 138
thence S 36° 5? 19? W 756.32 meters to point 139
thence N 44º 10? 39? W 163.14 meters to point 140
thence S 8° 15? 8? E 290.44 meters to point 141
thence N 63° 40? 17? W 345.53 meters to point 142
thence N 67° 49? 58? W 741.43 meters to point 143
thence N 76° 19? 35? W 237.16 meters to point 144
thence S 77° 28? 13? W 924.77 meters to point 145
thence S 2° 19? 57? E 301.00 meters to point 146
thence N 60° 29? 32? W 817.19 meters to point 147
thence S 44° 57? 9? W 320.76 meters to point 148
thence N 76° 8? 11? W 568.37 meters to point 149
thence N 62° 39? 1? W 900.05 meters to point 150
thence S 86° 23? 5? W 252.75 meters to point 151
thence S 33° 45? 20? W 303.47 meters to point 152
thence S 65° 20? 52? W 782.17 meters to point 153
thence N 14° 35? 53? W 905.87 meters to point 154
thence S 71° 15? 22? W 304.39 meters to point 155
thence N 59º 52? 54? W 593.50 meters to point 156
thence N 85° 8? 22? W 462.48 meters to point 157
thence N 10° 46? 23? W 1387.64 meters to point 158
thence N 45° 4? 42? E 194.45 meters to point 159
thence N 11° 25? 8? W 470.37 meters to point 160
thence N 11° 29? 47? E 561.01 meters to point 161
thence N 74° 11? 57? W 1337.47 meters to point 1
containing an aggregate area of thirty-four thousand six hundred ninety-four (34,694) hectares, more or less.
The Buffer Zone of Mt. Malindang Natural Park shall have the following technical description:
PARCEL 1
thence N 67° 49? 58? E 180.86 meters to point 2*
thence N 76° 19? 35? E 237.16 meters to point 3*
thence S 77° 28? 13? E 56.02 meters to point 4*
thence S 69° 58? 25? E 20.62 meters to point 5
thence S 60° 50? 1? E 139.79 meters to point 6
thence S 66° 48? 38? E 152.85 meters to point 7
thence S 86° 32? 26? E 99.43 meters to point 8
thence N 71° 59? 31? E 74.20 meters to point 9
thence N 7° 33? 40? W 6.18 meters to point 1
PARCEL 2
thence N 14º 35? 53? W 383.50 meters to point 2*
thence S 71° 15? 22? W 304.40 meters to point 3*
thence N 59° 53? 54? W 227.74 meters to point 4*
thence S 43º 52? 41? E 15.78 meters to point 5
thence S 52° 38? 46? E 152.46 meters to point 6
thence S 50º 58? 21? E 155.04 meters to point 7
thence S 46° 18? 4? E 136.24 meters to point 8
thence S 46° 2? 5? E 159.08 meters to point 9
thence S 87° 36? 2? E 65.68 meters to point 10
thence N 67° 18? 36? E 54.60 meters to point 1
PARCEL 3
thence S 20° 20? 27? W 570.05 meters to point 2*
thence N 86° 24? 59? W 395.96 meters to point 3*
thence S 25° 1? 28? W 146.57 meters to point 4*
thence S 56° 42? 43? E 528.61 meters to point 5*
thence S 52° 15? 2? E 574.97 meters to point 6*
thence S 68° 19? 19? E 129.27 meters to point 7*
thence S 46° 14? 31? W 216.16 meters to point 8*
thence N 89° 17? 59? W 317.02 meters to point 9*
thence S 19º 34? 18? W 492.19 meters to point 10*
thence S 85° 50? 10? W 202.28 meters to point 11*
thence S 24° 50? 0? W 1669.57 meters to point 12*
thence N 63º 50? 23? W 360.07 meters to point 13*
thence S 46° 21? 29? W 484.86 meters to point 14*
thence S 36° 5? 19? W 262.06 meters to point 15*
thence N 72° 59? 56? E 1120.92 meters to point 16
thence N 53° 8? 10? E 485.59 meters to point 17
thence N 83° 39? 27? E 684.00 meters to point 18
thence N 23° 57? 39? E 425.07 meters to point 19
thence N 49° 32? 11? W 964.42 meters to point 20
thence N 47º 1? 49? E 1076.5 meters to point 21
thence N 84° 47? 50? W 119.24 meters to point 22
thence N 47° 17? 21? W 381.74 meters to point 23
thence N 70° 20? 50? W 641.69 meters to point 24
thence N 14° 20? 53? W 478.94 meters to point 25
thence N 50° 3? 40? W 605.17 meters to point 26
thence Due West 345.31 meters to point 27
thence N 67º 8? 47? W 208.56 meters to point 1
PARCEL 4
thence S 17º 35? 36? W 747.61 meters to point 2*
thence S 33° 34? 20? W 430.50 meters to point 3*
thence S 28° 27? 53? E 268.95 meters to point 4*
thence S 20º 6? 49? W 758.98 meters to point 5*
thence S 16° 0? 5? W 518.07 meters to point 6*
thence S 8° 38? 36? W 375.96 meters to point 7*
thence S 22° 4? 49? W 966.17 meters to point 8*
thence N 88° 39? 31? W 744.95 meters to point 9*
thence N 75° 41? 47? W 1276.51 meters to point 10*
thence S 41° 55? 50? W 623.95 meters to point 11*
thence S 54º 19? 29? E 2239.84 meters to point 12*
thence S 60° 31? 18? W 1886.83 meters to point 13*
thence S 57° 0? 50? E 1361.39 meters to point 14*
thence S 2° 53? 38? W 756.40 meters to point 15*
thence S 52° 10? 48? W 954.34 meters to point 16*
thence N 83° 16? 34? W 251.42 meters to point 17*
thence S 3º 30? 50? W 1201.26 meters to point 18*
thence S 79° 53? 58? E 1061.64 meters to point 19*
thence S 47° 37? 18? E 1503.38 meters to point 20*
thence S 42° 51? 16? W 739.00 meters to point 21*
thence S 54º 18? 21? W 737.09 meters to point 22*
thence S 41° 24? 41? E 583.18 meters to point 23*
thence S 81° 49? 30? E 959.94 meters to point 24*
thence S 5° 59? 32? W 675.41 meters to point 25*
thence N 70° 19? 50? E 950.33 meters to point 26
thence N 87° 17? 0? E 188.59 meters to point 27
thence Due North 188.31 meters to point 28
thence N 17° 53? 19? W 292.19 meters to point 29
thence N 59° 43? 51? W 124.61 meters to point 30
thence S 88° 19? 16? W 305.07 meters to point 31
thence N 25° 12? 20? W 168.48 meters to point 32
thence N 22° 6? 0? E 309.83 meters to point 33
thence N 71° 52? 53? E 519.12 meters to point 34
thence S 84° 10? 27? E 883.56 meters to point 35
thence N 51° 4? 31? E 299.82 meters to point 36
thence N 84° 26? 42? E 648.86 meters to point 37
thence N 63° 25? 53? E 441.29 meters to point 38
thence N 13°’ 6? 55? E 948.62 meters to point 39
thence N 61° 33? 2? E 244.81 meters to point 40
thence S 88° 9? 51? E 1121.83 meters to point 41
thence N 71° 32? 60? E 226.91 meters to point 42
thence N 10° 18? 28? E 100.24 meters to point 43
thence N 61° 48? 12? W 578.17 meters to point 44
thence N 80° 32? 12? W 597.57 meters to point 45
thence N 61° 1? 37? W 1806.89 meters to point 46
thence N 20° 9? 32? W 751.54 meters to point 47
thence N 45° 0? 0? W 391.56 meters to point 48
thence N 84° 8? 56? W 350.07 meters to point 49
thence N 23° 20? 53? W 1147.60 meters to point 50
thence N 80° 47? 44? W 305.94 meters to point 51
thence N 32° 53? 5? W 165.3 meters to point 52
thence N 15° 25? 10? E 491.05 meters to point 53
thence N 38° 19? 32? W 1092.42 meters to point 54
thence N 87° 3? 59? W 318.73 meters to point 55
thence N 51° 22? 16? W 52.25 meters to point 56
thence N 35° 4? 56? E 194.76 meters to point 57
thence N 66° 2? 23? E 312.42 meters to point 58
thence N 89° 0? 41? E 920.01 meters to point 59
thence N 50° 41? 42? E 112.68 meters to point 60
thence Due North 190.31 meters to point 61
thence N 29° 2? 15?W 81.64 meters to point 62
thence N 41° 40? 23? E 2898.28 meters to point 63
thence N 6° 55? 59? E 1671.85 meters to point 64
thence N 43º 27? 14? W 191.65 meters to point 65
thence N 88° 45? 23? W 673.85 meters to point 66
thence N 54° 16? 11? W 514.15 meters to point 67
thence N 67° 37? 32? W 134.64 meters to point 68
thence N 72° 46? 31? W 892.79 meters to point 1
PARCEL 5
thence S 48° 59? 34? W 205.65 meters to point 2*
thence S 50° 58? 13? E 1012.95 meters to point 3*
thence S 38° 36? 6? W 442.18 meters to point 4*
thence S 61° 59? 4? E 750.86 meters to point 5*
thence S 17° 35? 36? W 1073.46 meters to point 6*
thence S 77º 56? 40? E 114.91 meters to point 7
thence N 55° 17? 58? E 84.54 meters to point 8
thence N 5° 7? 3? E 510.10 meters to point 9
thence N 52° 41? 56? E 141.19 meters to point 10
thence N 62° 8? 45? E 160.26 meters to point 11
thence N 4° 2? 2? E 152.82 meters to point 12
thence N 45° 0? 0? W 75.66 meters to point 13
thence N 2° 48? 41? E 150.37 meters to point 14
thence N 31º 21? 16? E 147.62 meters to point 15
thence N 46° 50? 12? E 442.65 meters to point 16
thence N 20° 18? 24? W 105.89 meters to point 17
thence N 39º 27? 37? W 131.38 meters to point 18
thence N 52° 39? 35? W 791.78 meters to point 19
thence N 63° 25? 6? W 193.45 meters to point 20
thence N 75° 37? 0? W 643.25 meters to point 21
thence N 3° 40? 56? E 89.53 meters to point 1
PARCEL 6
thence S 78° 24? 37? W 507.59 meters to point 2*
thence S 40° 34? 28? E 318.44 meters to point 3*
thence S 30° 27? 39? E 156.33 meters to point 4*
thence S 60° 10? 19? W 593.21 meters to point 5*
thence S 11° 41? 53? W 1154.73 meters to point 6*
thence S 87° 6? 27? E 1693.10 meters to point 7*
thence S 38° 11? 5? W 1238.13 meters to point 8*
thence N 56° 51? 30? E 391.20 meters to point 9
thence N 40° 32? 2? E 542.01 meters to point 10
thence S 79° 36? 36? E 364.22 meters to point 11
thence N 80° 8? 11? E 139.37 meters to point 12
thence N 49° 42? 10? E 360.07 meters to point 13
thence S 89° 24? 45? E 585.09 meters to point 14
thence S 7° 35? 32? E 90.36 meters to point 15
thence S 57° 5? 42? W 241.72 meters to point 16
thence S 17° 5? 46? E 81.21 meters to point 17
thence N 81° 25? 5? E 639.98 meters to point 18
thence N 71° 36? 33? E 1108.41 meters to point 19
thence S 47° 34? 42? E 866.46 meters to point 20
thence S 87° 56? 49? E 118.64 meters to point 21
thence S 52° 18? 32? E 117.76 meters to point 22
thence N 77° 51? 17? E 281.62 meters to point 23
thence N 77° 11? 48? E 548.83 meters to point 24
thence N 55° 33? 40? E 1156.44 meters to point 25
thence N 86° 19? 33? E 120.94 meters to point 26
thence N 35° 49? 13? E 552.12 meters to point 27
thence N 55° 17? 39? W 61.58 meters to point 28
thence S 57° 4? 9? W 408.14 meters to point 29
thence N 88° 50? 53? W 385.45 meters to point 30
thence N 74° 27? 30? W 298.35 meters to point 31
thence S 58° 17? 25? W 1695.99 meters to point 32
thence S 69° 31? 41? W 299.14 meters to point 33
thence S 85° 19? 43? W 228.7 meters to point 34
thence N 9° 51? 37? E 87.23 meters to point 35
thence N 52° 5? 40? E 1155.46 meters to point 36
thence N 87° 52? 17? E 302.9 meters to point 37
thence N 71° 11? 56? E 370.98 meters to point 38
thence N 44° 59? 59? E 163.78 meters to point 39
thence N 14° 33? 12? E 104.22 meters to point 40
thence N 17° 40? 26? W 86.26 meters to point 41
thence N 68º 37? 51” W 92.28 meters to point 42
thence S 59° 1? 54? W 130.69 meters to point 43
thence S 78° 41? 11? W 381.03 meters to point 44
thence N 73° 43? 21? W 93.43 meters to point 45
thence S 72° 24? 38? W 321.4 meters to point 46
thence N 75° 58? 1? W 277.34 meters to point 47
thence S 54° 10? 41? W 446.91 meters to point 48
thence N 87° 16? 15? W 118.13 meters to point 49
thence N 39° 12? 52? W 201.67 meters to point 50
thence N 78° 18? 12? W 121.78 meters to point 51
thence S 49° 45? 58? W 1260.62 meters to point 52
thence S 72° 14? 10? W 107.96 meters to point 53
thence S 88° 16? 43? W 547.18 meters to point 54
thence N 69° 37? 57? W 153.54 meters to point 55
thence N 4° 3? 56? E 115.48 meters to point 56
thence N 61º 38? 22? E 761.81 meters to point 57
thence N 7° 44? 8? E 672.37 meters to point 58
thence N 53° 53? 35? W 403.66 meters to point 59
thence Due West 263.56 meters to point 60
thence S 64° 58? 48? W 346.24 meters to point 61
thence N 80° 12? 27? W 123.11 meters to point 62
thence S 55° 41? 7? W 845.92 meters to point 63
thence N 86° 41? 28? W 149.44 meters to point 64
thence N 59° 9? 29? W 186.64 meters to point 65
thence N 39° 49? 53? W 426.8 meters to point 66
PARCEL 7
thence N 75° 21? 59? E 646.65 meters to point 2*
thence S 69° 36? 21? E 898.86 meters to point 3*
thence N 50° 13? 28? W 244.13 meters to point 4
thence N 73º 11? 17? W 325.86 meters to point 5
thence N 79º 22? 57? W 196.74 meters to point 6
thence N 74° 6? 9? W 123.21 meters to point 7
thence N 82° 10? 46? W 250.33 meters to point 8
thence S 68° 35? 31? W 270.54 meters to point 9
thence S 55º 58? 47? W 189.35 meters to point 1
PARCEL 8
thence N 83° 41? 39? E 642.39 meters to point 2*
thence S 36° 0? 5? W 305.16 meters to point 3*
thence S 12° 23? 51? E 1195.31 meters to point 4*
thence N 45° 19? 26? E 445.88 meters to point 5*
thence N 45° 37? 8? E 340.32 meters to point 6*
thence S 60° 29? 59? W 363.00 meters to point 7
thence S 86° 50? 3? W 157.30 meters to point 8
thence N 36° 18? 30? W 265.25 meters to point 2
thence N 7° 7? 31? W 175.86 meters to point 3
thence N 8° 37? 3? E 145.58 meters to point 4
thence N 45° 48? 33? E 219.05 meters to point 5
thence Due North 187.63 meters to point 6
thence N 41° 25? 34? E 197.80 meters to point 7
thence N 49° 45? 49? E 371.45 meters to point 8
thence N 69° 26? 51? E 111.80 meters to point 9
thence N 85° 45? 9? E 118.14 meters to point 10
thence N 28° 17? 35? E 128.83 meters to point 11
thence N 9° 51? 41? E 101.82 meters to point 12
thence N 47º 28? 43? E 142.04 meters to point 13
thence N 31° 48? 22? E 414.93 meters to point 14
thence N 22° 46? 49? E 839.69 meters to point 15
thence N 44° 59? 59? E 207.98 meters to point 16
thence N 70° 42? 59? E 164.08 meters to point 17
thence N 44º 1? 41? E 323.02 meters to point 18
thence N 15° 14? 36? E 264.82 meters to point 19
thence N 52° 0? 17? E 628.76 meters to point 20
thence N 29° 3? 27? E 239.09 meters to point 21
thence N 6° 39? 53? E 643.54 meters to point 22
thence N 60° 55? 31? W 68.94 meters to point 23
thence S 69° 29? 22? W 993.75 meters to point 24
thence S 55° 37? 14? W 154.18 meters to point 25
thence S 29° 5? 23” W 2107.25 meters to point 26
thence S 39º 8? 15? W 371.23 meters to point 27
thence S 7° 6? 36? W 380.74 meters to point 28
thence S 32° 23? 4? W 206.19 meters to point 29
thence S 53° 58? 1? W 231.09 meters to point 30
thence S 88° 2? 47? W 374.03 meters to point 31
thence S 37º 42? 27? W 578.99 meters to point 1
PARCEL 9
thence S 6° 56? 15? E 816.94 meters to point 2*
thence N 83° 41? 39? E 344.89 meters to point 3*
thence N 32° 48? 54? E 445.98 meters to point 4
thence N 1° 50? 47? E 188.16 meters to point 5
thence N 21° 48? 50? E 163.32 meters to point 6
thence N 61° 4? 29? E 263.35 meters to point 7
thence N 45° 35? 20? E 175.86 meters to point 8
thence Due North 109.13 meters to point 2
thence N 47° 54? 31? E 253.43 meters to point 3
thence N 63° 7? 31? E 496.36 meters to point 4
thence N 11° 41? 7? E 179.60 meters to point 5
thence N 5° 26? 16? E 127.95 meters to point 6
thence N 19° 4? 47? E 166.92 meters to point 7
thence N 6° 1? 1? E 347.60 meters to point 8
thence N 62° 48? 1? E 328.02 meters to point 9
thence N 49° 10? 55? E 202.42 meters to point 10
thence N 29° 21? 43? E 639.24 meters to point 11
thence N 41° 22? 21? E 389.78 meters to point 12
thence N 59° 2? 11? E 365.53 meters to point 13
thence N 79° 18? 59? E 375.57 meters to point 14
thence N 45° 0? 0? E 118.18 meters to point 15
thence N 23° 58? 23? E 137.21 meters to point 16
thence N 47° 54? 31? E 290.91 meters to point 17
thence N 20° 33? 59? E 119.02 meters to point 18
thence N 2° 4? 29? E 383.25 meters to point 19
thence N 36° 23? 10? E 164.36 meters to point 20
thence N 7° 8? 28? E 168.43 meters to point 21
thence N 63° 24? 52? W 77.93 meters to point 22
thence S 66° 21? 38? W 121.58 meters to point 23
thence S 45° 25? 13? W 674.69 meters to point 24
thence S 66° 29? 22? W 174.69 meters to point 25
thence S 78° 10? 33? W 305.93 meters to point 26
thence S 46º 7? 27? W 502.36 meters to point 27
thence S 24° 54? 41? W 215.00 meters to point 28
thence S 41° 41? 42? W 459.24 meters to point 29
thence S 0° 32? 0? W 745.23 meters to point 30
thence S 81° 52? 25? W 393.96 meters to point 31
thence N 86° 41? 14? W 481.3 meters to point 32
thence S 73° 35? 55? W 325.82 meters to point 33
thence S 48° 21? 30? W 187.84 meters to point 34
thence S 34° 44? 35? W 392.40 meters to point 35
thence S 17º 30? 30? W 812.52 meters to point 36
thence S 22° 2? 13? W 471.24 meters to point 37
thence S 76° 23? 3? W 247.97 meters to point 1
PARCEL 10
thence S 86° 50? 34? E 266.78 meters to point 2*
thence S 6° 56? 15? E 866.18 meters to point 3*
thence N 70° 17? 38? E 156.81 meters to point 4
thence N 51° 35? 3? W 316.44 meters to point 5
thence N 13° 34? 24? W 255.13 meters to point 6
thence N 14° 23? 4? E 172.08 meters to point 7
thence N 30º 58? 27? E 174.51 meters to point 8
thence N 6° 12? 8? E 197.85 meters to point 2
thence N 73° 1? 18? E 160.95 meters to point 3
thence N 51° 19? 43? E 191.64 meters to point 4
thence N 40° 1? 21? E 139.56 meters to point 5
thence N 28° 37? 7? E 321.39 meters to point 6
thence N 50° 43? 8? E 121.52 meters to point 7
thence N 88° 9? 46? E 132.57 meters to point 8
thence S 71° 48? 48? E 314.99 meters to point 9
thence N 88° 53? 1? E 218.10 meters to point 10
thence N 56° 46? 55? E 180.94 meters to point 11
thence N 35° 16? 33? E 430.94 meters to point 12
thence N 26° 33? 27? E 211.09 meters to point 13
thence N 7° 35? 41? E 194.83 meters to point 14
thence Due North 201.69 meters to point 15
thence N 6° 50? 43? W 216.04 meters to point 16
thence N 17° 11? 11? W 188.67 meters to point 17
thence N 30° 28? 0? W 169.24 meters to point 18
thence Due West 103.00 meters to point 19
thence S 36° 53? 12? W 85.8 meters to point 20
thence S 25° 34? 4? W 994.17 meters to point 21
thence S 87° 52? 6? W 115.96 meters to point 22
thence S 66° 40? 9? W 238.30 meters to point 23
thence S 82° 54? 34? W 103.79 meters to point 24
thence S 53° 21? 26? W 113.41 meters to point 25
thence S 33° 42? 14? W 143.50 meters to point 26
thence S 29° 44? 23? W 262.44 meters to point 27
thence S 44° 7? 56? W 166.32 meters to point 28
thence S 61° 2? 38? W 194.29 meters to point 29
thence S 75° 57? 49? W 134.26 meters to point 30
thence S 51° 32? 36? W 157.07 meters to point 31
thence S 44° 26? 14? W 521.87 meters to point 32
thence S 30° 28? 46? W 262.46 meters to point 1
PARCEL 11
thence S 71° 15? 29? E 316.05 meters to point 2*
thence N 13° 13? 14? E 382.41 meters to point 3*
thence S 41° 54? 20? W 279.98 meters to point 4
thence S 72° 40? 6? W 209.38 meters to point 1
PARCEL 12
thence S 86° 21? 8? E 85.92 meters to point 2*
thence N 65° 6? 44? E 211.04 meters to point 3*
thence N 51° 43? 48? E 406.16 meters to point 4*
thence S 71° 15? 29? E 451.09 meters to point 5*
thence N 45° 21? 30? W 529.94 meters to point 6
thence N 26° 11? 7? W 215.14 meters to point 7
thence N 0° 45? 34? W 240.52 meters to point 8
thence N 22° 31? 32? W 140.47 meters to point 9
thence S 88° 18? 10? W 107.61 meters to point 10
thence S 37° 58? 0? W 164.58 meters to point 11
thence S 28° 16? 38? W 474.29 meters to point 12
thence S 6° 1? 32? W 578.13 meters to point 1
PARCEL 13
thence N 28° 14? 2? E 847.64 meters to point 2*
thence S 26° 51? 18? E 28.43 meters to point 3*
thence N 8° 29? 19? E 976.38 meters to point 4
thence S 79° 11? 32? W 528.63 meters to point 5
thence S 6° 20? 54? E 341.97 meters to point 6
thence S 2° 30? 11? W 1081.97 meters to point 7
thence 9° 57? 20? W 169.55 meters to point 1
PARCEL 14
thence S 42° 3? 16? E 687.14 meters to point 2*
thence N 42° 11? 12? E 1161.50 meters to point 3*
thence N 28° 14? 2? E 395.08 meters to point 4*
thence S 85° 4? 50? W 246.35 meters to point 5
thence S 61° 19? 48? W 739.69 meters to point 6
thence S 53° 23? 50? W 147.38 meters to point 7
thence S 74° 10? 17? W 210.81 meters to point 8
thence S 50° 2? 59? W 276.14 meters to point 1
PARCEL 15
thence S 80° 2? 58? W 916.54 meters to point 2*
thence N 5° 20? 53? W 3921.45 meters to point 3*
thence N 8° 51? 30? W 589.72 meters to point 4*
thence N 60° 47? 47? E 345.48 meters to point 5*
thence N 20° 49? 35? W 621.95 meters to point 6*
thence S 87° 50? 53? E 537.63 meters to point 7*
thence N 15° 9? 20? E 898.63 meters to point 8*
thence N 46° 40? 39? E 929.98 meters to point 9*
thence N 14° 44? 32? E 538.86 meters to point 10*
thence S 82° 10? 29? W 575.17 meters to point 11*
thence N 80° 39? 5? W 134.66 meters to point 12*
thence N 4° 9? 39? W 745.09 meters to point 13*
thence N 80° 58? 15? E 398.25 meters to point 14*
thence N 5º 28? 23? W 1978.33 meters to point 15*
thence N 28° 35? 42? W 463.19 meters to point 16*
thence N 20° 15? 59? W 609.15 meters to point 17*
thence N 70° 10? 16? W 71.49 meters to point 18*
thence N 14° 47? 28? E 399.29 meters to point 19*
thence N 7° 1? 39? W 486.84 meters to point 20*
thence S 83° 43? 26? W 635.75 meters to point 21*
thence N 75° 19? 53? W 556.32 meters to point 22*
thence N 53° 54? 19? E 582.97 meters to point 23*
thence N 89° 28? 14? E 859.04 meters to point 24*
thence N 38° 13? 58? W 2143.06 meters to point 25*
thence N 82° 53? 32? E 1908.79 meters to point 26*
thence N 12° 0? 9? E 549.70 meters to point 27*
thence N 89° 3? 43? E 1042.33 meters to point 28*
thence N 0° 2? 23? W 994.13 meters to point 29*
thence N 15° 28? 28? W 944.03 meters to point 30*
thence N 84° 50? 47? W 1065.93 meters to point 31*
thence S 85° 41? 10? W 1005.35 meters to point 32*
thence N 19° 24? 54? W 411.39 meters to point 33*
thence N 21° 32? 19? W 726.08 meters to point 34*
thence N 59° 55? 17? W 666.79 meters to point 35*
thence N 48° 30? 21? E 533.36 meters to point 36*
thence N 53° 4? 43? W 817.66 meters to point 37*
thence N 8° 22? 30? W 996.82 meters to point 38*
thence N 78° 24? 1? E 249.60 meters to point 39*
thence N 35° 44? 2? E 1137.37 meters to point 40*
thence N 65º 37? 42? W 657.33 meters to point 41*
thence N 7° 9? 12? E 453.72 meters to point 42*
thence N 23° 8? 52? E 871.27 meters to point 43*
thence N 12° 13? 55? W 1273.79 meters to point 44*
thence N 40° 41? 15? E 1244.19 meters to point 45*
thence N 47° 7? 44? E 397.31 meters to point 46*
thence N 55° 19? 23? E 932.97 meters to point 47*
thence N 40° 19? 16? E 541.77 meters to point 48*
thence N 81° 49? 40? E 1132.18 meters to point 49*
thence N 52° 27? 36? E 581.39 meters to point 50*
thence N 24° 3? 34? E 1708.90 meters to point 51*
thence N 37° 15? 10? E 645.51 meters to point 52*
thence S 42° 3? 16? E 213.75 meters to point 53
thence N 59° 18? 45? E 638.40 meters to point 54
thence N 41° 2? 3? E 488.19 meters to point 55
thence N 13° 34? 31? E 203.43 meters to point 56
thence N 49° 24? 50? W 125.75 meters to point 57
thence N 83° 17? 37? W 116.67 meters to point 58
thence S 69° 9? 44? W 153.21 meters to point 59
thence N 30° 45? 46? W 333.34 meters to point 60
thence N 75º 12? 10? W 747.61 meters to point 61
thence N 7° 13? 38? W 1642.93 meters to point 62
thence N 21° 12? 24? E 3359.36 meters to point 63
thence N 1° 19? 47? W 1193.20 meters to point 64
thence N 7° 46? 0? W 616.03 meters to point 65
thence N 56° 20? 24? W 100.02 meters to point 66
thence S 42° 21? 38? W 638.18 meters to point 67
thence S 66° 21? 53? W 242.26 meters to point 68
thence S 16° 42? 44? E 612.04 meters to point 69
thence S 4° 50? 11? W 441.82 meters to point 70
thence S 37° 52? 23? W 632.62 meters to point 71
thence S 2° 39? 50? W 597.08 meters to point 72
thence S 18º 53? 25? W 557.13 meters to point 73
thence S 7º 7? 40? E 335.47 meters to point 74
thence S 41º 58? 22? W 136.63 meters to point 75
thence N 56° 58? 13? W 330.92 meters to point 76
thence N 2° 51? 48? W 555.51 meters to point 77
thence N 81° 51? 53? W 98.05 meters to point 78
thence S 31? 45? 22? W 342.60 meters to point 79
thence N 41° 38? 1? W 167.08 meters to point 80
thence N 4° 30? 47? E 1586.17 meters to point 81
thence N 80° 20? 19? E 144.87 meters to point 82
thence N 2° 36? 24? E 83.84 meters to point 83
thence N 24° 12? 22? W 83.53 meters to point 84
thence N 42° 17? 12? W 169.90 meters to point 85
thence N 23° 9? 19? E 629.73 meters to point 86
thence N 24° 38? 17? W 100.60 meters to point 87
thence N 77° 43? 21? W 179.29 meters to point 88
thence S 63° 26? 5? W 187.41 meters to point 89
thence S 7° 3? 16? W 403.05 meters to point 90
thence S 73° 13? 7? W 250.68 meters to point 91
thence S 18° 27? 3? E 72.28 meters to point 92
thence S 62° 24? 7? E 189.15 meters to point 93
thence S 3° 22? 13? E 64.86 meters to point 94
thence S 77° 20? 32? W 538.78 meters to point 95
thence S 49° 5? 8? W 240.67 meters to point 96
thence S 12° 58? 57? W 1725.99 meters to point 97
thence S 49° 58? 12? W 259.64 meters to point 98
thence S 25° 40? 30? E 458.87 meters to point 99
thence S 45° 0? 54? W 168.69 meters to point 100
thence S 88° 3? 44? W 469.46 meters to point 101
thence S 40° 34? 27? W 73.32 meters to point 102
thence S 14° 2? 34? W 131.11 meters to point 103
thence Due South 175.00 meters to point 104
thence S 50º 43? 18? W 113.04 meters to point 105
thence N 47° 16? 37? W 3471.59 meters to point 106
thence N 65° 33? 46? W 216.04 meters to point 107
thence S 51° 0? 25? W 241.57 meters to point 108
thence N 63° 25? 60? W 919.53 meters to point 109
thence N 74° 16? 29? W 956.55 meters to point 110
thence S 65° 13? 29? W 127.97 meters to point 111
thence S 0° 40? 26? E 759.93 meters to point 112
thence S 89° 23? 26? E 840.36 meters to point 113
thence N 68° 29? 32? E 317.08 meters to point 114
thence S 29° 44? 49? W 648.59 meters to point 115
thence S 68° 29? 32? W 317.08 meters to point 116
thence S 9° 45? 10? E 2175.95 meters to point 117
thence S 6° 5? 43? W 1011.21 meters to point 118
thence S 84º 40? 10? E 735.31 meters to point 119
thence N 13° 44? 5? W 452.24 meters to point 120
thence N 25° 27? 53? E 454.12 meters to point 121
thence N 48° 53? 59? E 608.86 meters to point 122
thence S 81° 51? 20? E 138.08 meters to point 123
thence S 34° 18? 52? E 744.59 meters to point 124
thence S 72° 38? 40? E 163.64 meters to point 125
thence N 73° 17? 13? E 101.93 meters to point 126
thence N 13° 37? 58? E 331.46 meters to point 127
thence N 62° 14? 7? E 209.57 meters to point 128
thence N 33° 50? 20? W 1034.26 meters to point 129
thence Due North 165.94 meters to point 130
thence N 70° 48? 44? E 237.71 meters to point 131
thence N 15° 16? 9? E 222.61 meters to point 132
thence N 88° 52? 41? E 497.91 meters to point 133
thence S 39° 8? 12? E 2567.55 meters to point 134
thence S 80° 37? 15? W 1137.90 meters to point 135
thence S 4° 5? 9? E 1370.17 meters to point 136
thence S 67° 4? 52? W 1579.23 meters to point 137
thence N 77° 42? 21? W 779.31 meters to point 138
thence S 84° 8? 48? W 765.43 meters to point 139
thence N 59° 28? 16? W 441.95 meters to point 140
thence N 86° 49? 29? W 176.02 meters to point 141
thence S 51° 18? 56? W 499.78 meters to point 142
thence S 0° 26? 30? W 1070.28 meters to point 143
thence S 34° 4? 33? E 411.84 meters to point 144
thence S 60° 27? 42? E 345.97 meters to point 145
thence S 89° 30? 17? E 1163.92 meters to point 146
thence N 51° 8? 55? E 463.79 meters to point 147
thence S 83° 17? 29? E 343.48 meters to point 148
thence S 36° 52? 5? E 351.16 meters to point 149
thence Due East 551.81 meters to point 150
thence S 3° 56? 41? W 291.63 meters to point 151
thence S 49° 55? 5? W 2399.70 meters to point 152
thence S 81° 24? 52? W 1328.83 meters to point 153
thence S 0° 1? 14? W 12179.44 meters to point 154
thence S 72° 35? 30? E 347.41 meters to point 155
thence N 59° 35? 23? E 861.09 meters to point 156
thence S 30º 15? 36? E 224.24 meters to point 157
thence S 8° 23? 35? E 995.46 meters to point 158
thence S 22° 49? 54? W 998.48 meters to point 159
thence S 2° 51? 33? E 323.28 meters to point 160
thence S 36° 52? 28? E 484.32 meters to point 161
thence S 3° 55? 32? E 1650.56 meters to point 162
thence S 46° 28? 1? W 445.36 meters to point 163
thence S 24° 46? 38? E 231.15 meters to point 164
thence S 68° 50? 8? E 536.63 meters to point 165
thence N 84° 48? 40? E 178.29 meters to point 166
thence S 6° 54? 59? E 536.66 meters to point 167
thence N 83º 12? 31? W 682.85 meters to point 166
thence Due South 258.31 meters to point 169
thence S 61° 14? 47? W 969.12 meters to point 170
thence S 0° 16? 15? E 4100.23 meters to point 171
thence N 80° 21? 45? E 2278.79 meters to point 172
thence S 2° 36? 6? W 933.53 meters to point 173
thence S 28° 42? 11? E 679.57 meters to point 174
thence N 87° 23? 55? E 311.20 meters to point 175
thence S 24° 23? 4? E 977.83 meters to point 176
thence S 48° 41? 28? E 1510.24 meters to point 177
thence N 75º 28? 9? E 319.60 meters to point 178
thence S 56° 18? 36? E 123.94 meters to point 179
thence S 42° 52? 58? W 437.82 meters to point 180
thence S 17° 6? 2? W 467.61 meters to point 181
thence S 56° 19? 19? E 165.23 meters to point 182
thence S 26° 33? 54? W 153.73 meters to point 183
thence S 75° 57? 4? E 330.79 meters to point 184
thence S 31° 13? 51? E 1259.67 meters to point 185
thence N 80º 41? 23? E 278.54 meters to point 186
thence N 10° 46? 23? W 1300.21 meters to point 187*
thence N 45° 4? 42? E 194.45 meters to point 188*
thence N 11° 25? 8? W 470.37 meters to point 189*
thence N 11° 29? 47? E 561.01 meters to point 190*
thence N 74° 11? 57? W 1337.48 meters to point 191*
thence N 48° 37? 53? E 420.73 meters to point 1*
containing an aggregate area of eighteen thousand three hundred thirty-four (18,334) hectares, more or less, subject to actual ground survey.
* corners that correspond with the PA boundary corners
Section 5. Definition of Terms. — The following terms are hereby defined for the purpose of this Act:
(a) Ancestral Domain — refers to all lands and natural resources occupied or possessed by indigenous cultural communities, by themselves or through their ancestors, communally or individually, in accordance with their customs and traditions since time immemorial, continuously to the present except when interrupted by war, force majeure, or displacement by force, deceit or stealth. It includes all adjacent areas generally belonging to them and which are necessary to ensure their economic, social and cultural welfare.
(b) Indigenous Cultural Communities — shall refer to tribes, including but not limited to Subanens, who have continuously lived as communities an communally bounded and defined land since time immemorial and have succeeded in preserving, maintaining and sharing common bonds of language, customs, traditions and other distinctive cultural traits.
(c) 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.
(d) Protected Species — any individual species of plants and animals that are or shall be declared as protected under the Philippine laws, rules and regulations issued by the DENR, species listed as protected against trade, hunting and harvest under International Conventions to which the Philippines is or will become signatory including but not limited to the Convention on International Trade of Endangered Species (CITES). In addition to these, they include species, which may be restricted for use under regulations issued by the PAMB or DENR, and those particularly mentioned in the management plan.
(e) Non-government Organization (NGO) — shall refer to any civic, developmental or philanthropic organization which is multi-sectoral in character.
(f) People’s Organization (PO) — shall refer to any grouping of people formed to advance the interests of the sector represented, provided such sector is marginalized, poor or disempowered.
(g) Public Consultation — a meeting or dialogue with the concerned or affected individuals within and outside the protected area designed to identify and resolve issues and problems affecting them.
CHAPTER II
Protected Area Management
Section 6. Management Plan. — The Protected Area Superintendent (PASu) shall prepare the management plan in coordination with the appropriate offices of the DENR, technical experts, local communities and tribal experts who have experience in the particular cultures in the area. The Management Plan shall be reviewed, approved and adopted by the Protected Area Management Board (PAMB) and certified by the Secretary. Such certification is mandatory if the plan conforms to all laws, rules and regulations issued by the DENR of national application. In no case shall the Management Plan be revised or modified without prior consultation with the PAMB.
Within one year from the effectivity of this Act, a Management Plan shall be put into effect following the General Management Planning Strategy provided for under the NIPAS Act and according to the procedure herein set forth. It shall contain, among others, the following:
(a) Period of applicability of the plan
(b) Key Management Issues
(c) Goals and Objectives
(d) Site Management Strategy
(e) Major management activities such as, but not limited to enforcement of laws, habitat and wildlife management, sustainable use management, infrastructure development, visitor management program, and maintenance, fire and pest control, etc.
(f) Zoning
The PASu shall prepare all successor plans. Two (2) years 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 successor plan upon the written request of any interested party. The proposed plan shall be made available to the public during the period for comment and a finalized plan shall be made available for public perusal at the Office of the PASu upon approval of the PAMB.
The zoning of the protected area shall give primary consideration to the traditional zones used and recognized by indigenous cultural communities and, whenever applicable, those that have been sustainably used by tenured migrant communities for an applicable length of time unless such uses are deemed detrimental to biodiversity and protection of the natural characteristics of the protected area.
The plan shall be in the language understandable in the area, plainly written and available for perusal to the general public at the PASu office.
Section 7. Institutional Mechanisms. — The following administrative and policy-making mechanisms shall apply:
(A) There shall be a Protected Area Management Board which shall be the policy-making body of the protected area. It shall be composed of:
(1) The Regional Executive Director of the DENR or his authorized representative, who shall act as the Chairman;
(2) One representative from each municipal or city government with territory inside the protected area or their authorized representatives;
(3) One representative from each barangay with territory inside the protected area or their authorized representatives;
(4) At least three representatives from local NGOs operating within the MMTNP, chosen among themselves, as members. For POs, it should have one representative from each municipality with territory within MMRNP, chosen from among themselves;
(5) Other Government Agencies with active role in the management of the protected area;
(6) The Provincial Planning and Development Officer and the Provincial DILG Officer shall sit as ex officio members to be endorsed by the Governor;
(7) One representative from each indigenous cultural community within the protected area chosen using customary practices.
Every member of the PAMB shall serve for a term of five years, shall be considered to represent and carry the vote of such sector in all matters. In case of members who are government officials, the membership shall be attached to the office held.
(B) The PAMB of Mt. Malindang Natural Park shall have the following powers and functions:
(1) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to the protected areas and the policy declaration herein set forth;
(2) Establish criteria and set fees for the issuance of permits for the activities regulated by this Act or the management plan;
(3) Adopt rules of procedure for the conduct of business, including the creation of committees to whom its powers may be delegated;
(4) Approve the management plan an oversee the office of the PASu;
(5) Recommend to the DENR Secretary or Regional Director interested individuals who will enforce the laws, rules and regulations governing the protected area;
(6) The Board shall have the power to recommend interested individuals for the enforcement of the laws, rules and regulations governing the protected area to be approved by the DENR Secretary or Regional Director;
(7) Accept donations, approve proposals for funding, budget allocations and exercise accountability over all funds that may accrue to the Mt. Malindang Natural Park;
(8) Retain legal counsel, either on a permanent or temporary basis, to defend cases against the PAMB and the PASu staff whenever they are sued in connection with the performance of their duties under this Act; and
(9) Identify the tenure migrants and recommend the issuance of corresponding appropriate tenurial instruments.
The DENR, through the Regional Director 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 a conflict between administrative orders issued by the DENR pursuant to the NIPAS Act for national application 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 for Mt. Malindang Natural Park.
Section 8. The Protected Area Superintendent Office. — There shall be a Protected Area Superintendent (PASu) within the Department of Environment and Natural Resources, who shall serve as the chief operating officer of the protected area.
The PASu shall have the following powers and functions:
(1) Prepare the management and successor plans as herein provided;
(2) Serve as the Secretariat for the PAMB with the duty to provide the PAMB with all the information necessary for it to make appropriate decisions when necessary;
(3) Hire, dismiss and supervise the necessary personnel to support operations as the budgets made available by the PAMB may allow;
(4) Establish a productive partnership with local community, including groups interested in the achievement of the goals and objectives of the protected area and in the planning, protection and management thereof;
(5) Develop and implement park information, education and visitor programs;
(6) Enforce the laws, rules and regulations relevant to the protected area and assist in the prosecution of offenses;
(7) Monitor all activities within the protected area for conformity with the management plan;
(8) Perform such other functions as the PAMB may assign;
(9) Implement the plans, programs and resolutions stated in the Management Plan or passed and approved by the PAMB.
Section 9. Ancestral Lands and Domains. — For the purpose of this Act, the following shall govern 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) Presumptions — 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.
(i) All lands occupied by indigenous cultural communities since time immemorial shall be presumed to be ancestral lands. Rights and obligations within ancestral lands are presumed to be governed by customary law.
(ii) Rights and obligations within ancestral lands governed by customary law are presumed to be held collectively by the community.
(iii) Rights and obligations within ancestral lands proven to be held by individuals under customary law are presumed to be held in trust by such individuals for the whole community.
(iv) The continued practice of traditional and sustainable living shall be sufficient consideration for the State in place of the payment of taxes on ancestral domains.
Owing to differences in cultural and social world views, the provisions of this Act shall be liberally construed in favor of indigenous cultural communities and their members.
Section 10. Tenured Migrants and Transient Farmers. — Tenured migrants are those members of households that have actually and continuously occupied the Mt. Malindang Range Natural Park since June 1, 1987, basing the data from the 1999 Survey and Registration of 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, the 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 for 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, provision for their transfer to multiple-use zones or buffer zones shall be accomplished using humanitarian considerations.
Persons who have been cultivating land 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 holders’ repeated refusal to comply with management plan or the regulations set by the PAMB or by voluntary surrender of rights. Upon cancellation of a tenured migrant instrument, 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 act by the transient or tenured migrant.
Tenured migrant instruments are transferable only to the nearest of kin: Provided, That if the land is idle for a minimum of five (5) years, the PAMB will initiate the control and management of the area.
Section 11. Prohibited Acts. — The following shall be the prohibitions and penalties applicable to the protected area:
A. The penalties in Articles 309 and 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 shall be imposed upon any person who do:
(i) Hunting, destroying, trapping, disturbing or possessing of any wild plants or animals or products derived therefrom anywhere within Mt. Malindang Range Natural Park without a permit from the PAMB: Provided, That such permits shall only be given for scientific purposes necessary for protected area management;
(ii) Cutting, gathering, collection or removing timber or forest products without permit: Provided, That such permits shall only be given for scientific purposes necessary for the protected area management;
(iii) Entry to the protected area or possessing outside the protected area any wild plants or animals or products derived therefrom which came from the protected area without a permit issued by PAMB;
(iv) Mineral exploration or extraction, drilling or prospecting for minerals within the Mt. Malindang Range Natural Park;
(v) Constructing or maintaining any kind of road, structure, fence or enclosure without a permit from the PAMB: Provided, That structures within ancestral domains used by indigenous cultural communities need not be under a permit from the PAMB.
Valuation of the damage shall take into account biodiversity and conservation consideration as well as aesthetic and scenic value. Commission of these acts likewise 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 disposition thereof while the rest shall accrue to the PAMB.
Section 12. Contracts Over Lands within the Mt. Malindang Natural Park. — The purchase, sale, encumbrance, mortgage, usufruct or lease of lands within the protected area to persons outside the protected area not otherwise qualified to hold lands therein shall be null and void ab initio.
Section 13. Special Prosecutors. — Within thirty (30) days from the effectivity of this Act, the Department of Justice shall designate a Special Prosecutor to whom all cases of violation of laws, rules and regulations in the PA shall be assigned.£A⩊phi£ 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.
Section 14. Local Government Units. — Local government units shall participate in the management of the Mt. Malindang Natural Park through representation in the PAMB as provided under Section 7A. The LGU retains its ordinance-making powers over the territory covered under this Act but with due consideration to the 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 mediation.
Section 15. Integrated Protected Area Fund of the Mt. Malindang Natural Park. — The Integrated Protected Area Fund (IPAF) shall be established as a special trust fund and shall be disbursed solely for the protection, maintenance, administration and management of Mt. Malindang Natural Park and the System. At least seventy-five percent (75%) of the funds collected shall form part of Mt. Malindang Natural Park Subfund which shall be solely disbursed for its use. The Mt. Malindang Natural Park Subfund shall likewise be exempted from being deposited in the National Treasury and shall be made readily available for disbursement upon proper approval of Mt. Malindang Natural Park and the PAMB, subject to the usual accounting and auditing rules and regulations.
The following shall constitute part of the Integrated Protected Area Funds and shall be subject to the PAMB acted policy the moment they accrue.ℒαwρhi৷
(1) Proceeds from special land use and resource utilization from commercially used ancestral domains, as may be set by the PAMB;
(2) Fees derived from permitted collection of wild flora and fauna and other resources within the protected area as may be set by the Department and the PAMB;
(3) Fees from industries and facilities directly benefiting from the protected area;
(4) Fines and fees, including protected area entry and visitors’/users’, as may be imposed and collected from the operation of the protected area and set by the PAMB;
(5) Contributions, donations, endowments and grants from any legal source intended for the operation of the protected area.
All donations, contributions, endowments and grants to Mt. Malindang Natural Park shall accrue in toto to its protected area subfund.
The local government unit shall continue to impose and collect all other fees not enumerated herein which it has usually collected such as, but not limited to, business permits, property taxes and rentals of local government unit facilities. Furthermore, local government units may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be determined based on the contribution of the local government unit in the maintenance and protection of the protected area.
Section 16. Utilization of Non-renewable Resources. — Any exploration for, exploitation or utilization of non-renewable resources within the protected area shall not be allowed. Energy projects, whether renewable or otherwise, shall be permitted only through an Act of Congress.
Section 17. Appropriations. — To carry out the implementation of this Act, an annual aggregate amount of Seven million six hundred sixty thousand one hundred twenty-two pesos (P7,660,122.00) shall be included in the annual General Appropriations Act and allocated for the use of Mt. Malindang Natural Park.
Section 18. 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.
Section 19. Repealing Clause. — For the purposes of the Mt. Malindang Natural Park, all laws, rules and regulations inconsistent herewith are modified accordingly. The prohibitions and penalties under the NIPAS Act are hereby superseded for the entire area covered by this Act.
Section 20. Separability Clause. — If any part or section of this Act is declared by the courts as unconstitutional, such declaration shall not affect the other parts or sections hereof.
Section 21. Transitory Provision. — All persons who do not qualify as tenured migrants, transient farmers or not part nor qualify under Section 8 of this Act within the protected area, shall be allowed to harvest fruits or crops planted before the effectivity of this Act. Thereafter, all planted crops of such unqualified persons shall be confiscated and the proceeds thereof shall accrue to the IPAF.
Section 22. Effectivity Clause. — This Act shall take effect upon its approval.
Approved:
(Sgd.) FRANKLIN M. DRILON
President of the Senate |
(Sgd.) JOSE DE VENECIA
Speaker of the House of Representatives |
This Act which is a consolidation of House Bill No. 6167 and Senate Bill No. 2726 was finally passed by the House of Representatives and the Senate on June 10, 2004..
(Sgd.) OSCAR G. YABES
Secretary of the Senate |
(Sgd.) ROBERTO P. NAZARENO
Secretary General House of Representatives |
Approved: JUL 30 2004
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
The Lawphil Project - Arellano Law Foundation
