Eighteenth Congress
Third Regular Session
[ REPUBLIC ACT NO. 11688, April 08, 2022 ]
AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITY OF BALBALAN, IN THE PROVINCE OF KALINGA, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED LANDSCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE BANAO PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. - This Act shall be known as the "Banao Protected Landscape Act ".
Section 2. Declaration of Policy. - Cognizant of the profound impact of human activities on all components of the natural environment, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations, the perpetual existence of all native plants and animals through the declaration of protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park as provided for in the Constitution.
In recognition of the richness of the biological resources, both flora and fauna, that are native and distinct to Balbalasang-Balbalan National Park, as well as their aesthetic and ecological importance, a parcel of land located in the municipality of Balbalan, in the Province of Kalinga is hereby declared a protected area with the category of protected landscape, and shall hereinafter be referred to as the Banao Protected Landscape (BPL). As such, the State shall ensure the conservation, protection, management and rehabilitation of the area. It is likewise recognized that effective administration of this area is possible only through cooperation among national government, local government units (LGUs), concerned nongovernmental organizations (NGOs), private entities and local communities. The use and enjoyment of this area must be consistent with the principles of biological diversity and sustainable development.
Towards this end, the State shall ensure the full implementation of this Act, the mobilization of resources for the institutional mechanisms herein established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the ecosystems, culture and indigenous practices.
Section 3. Definition of Terms. - As used in this Act:
(a) Buffer zones refer to identified areas outside the boundaries of and immediately adjacent to designated protected areas that need special development control in order to avoid or minimize harm to the protected area;
(b) Conservation refers to any act or acts of preservation and sustainable utilization of wildlife or maintenance, restoration and enhancement of habitats;
(c) Indigenous cultural communities/Indigenous peoples 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;
(d) National park refers to land of the public domain classified as such in the Constitution which includes all areas under the NIPAS, primarily designated for the conservation of native plants and animals, their associated habitats and cultural diversity;
(e) Protected area refers to an identified portion of land and water set aside by reason of its unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation;
(f) Protected landscape refers to an area of national significance which is characterized by the harmonious interaction of human, land, and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities; and
(g) Tenured migrants refer to protected area occupants who have been actually, continuously and presently occupying a portion of the protected area for five (5) years before the proclamation or law establishing the same as a protected area, and are solely dependent therein for subsistence.
Section 4. Classification as a National Park. - The BPL is comprised of a parcel of land of the public domain located in the Municipality of Balbalan, Province of Kalinga. All land of the public domain within the coverage and scope of the BPL shall fall under the classification of national park as provided for in Articles XII, Section 3 of the Constitution.
Section 5. Scope and Coverage. - The boundaries of the BPL are more particularly described as the area beginning at a point marked "1" on the Map, N 84-39-46 E, 1,504.743 meters from PRS 92 "KAL 3101" with geographic coordinates of 17 29'47.5291" Latitude and 121 10'10.54854" Longitude located at Barangay Pantikian, Municipality of Balbalan, Province of Kalinga,
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the point of beginning, comprising an area of twenty-one thousand five hundred sixty-seven and 53/100 (21,567.53) hectares, more or less.
Section 6. Establishment of Buffer Zones. - The Secretary of the Department of Environment and Natural Resources (DENR), upon the recommendation of the Protected Area Management Board (PAMB), created under Section 7 of this Act, may designate areas surrounding the BPL as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied: Provided, That, in cases where the designated buffer zone would cover private lands, the owners thereof shall be required to design their development with due consideration to the protected area management plan.
ARTICLE II
MANAGEMENT MECHANISMS
Section 7. Protected Area Management Board (PAMB). - Within ninety (90) days from the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee the management of the BPL. The PAMB shall be composed of the following:
(a) DENR Regional Executive Director for the Cordillera Administrative Region as Chairperson;
(b) Governor of the Province of Kalinga or his/her duly authorized representative;
(c) Senators of the Republic of the Philippines who are duly registered residents of Kalinga, or their duly designated representatives, unless the Senators decline membership in the PAMB;
(d) District Representatives of the Congressional Districts where the BPL is located, or their duly designated representatives, unless the District Representatives decline the membership in the PAMB;
(e) Mayors of the Municipality of Balbalan, Province of Kalinga or their duly authorized representatives;
(f) Chairpersons of all the barangays with territorial jurisdiction over the BPL;
(g) Regional Directors of the following governing agencies, namely: the Department of Agriculture (DA), the National Economic and Development Authority (NEDA), the Department of Science and technology (DOST), the Philippine National Police (PNP), the Department of National Defense (DND), and the Department of Tourism;
(h) Three (3) representatives from either nongovernmental organizations (NGOs) or people's organizations (POs), based in the Province of Kalinga, duly accredited both by the DENR and the provincial government. The NGOs or POs represented should have been existence for at least five (5) years and with track record in or in related to protected area management;
(i) At least one (1) but not more than three (3) representatives from all the indigenous cultural community (ICC)/indigenous people (IP) present in the area and recognized by the National Commission on Indigenous Peoples (NCIP);
(j) One (1) representative from an academic institution, preferably from a university or college in the Province of Kalinga, with proven track record in or related to protected area management; and
(k) One (1) representative from the private sector, preferably a resident of the Province of Kalinga, who is distinguished in a profession or field of interest relevant to the protected area management.
The terms of office of members of the PAMB, as well as the grounds for their removal shall be in accordance with the provisions of Republic Act No. 7586, or the "National Integrated Protected Areas System Act of 1992", as amended by Republic Act No. 11038, or the "Expanded National Integrated Protected Areas System Act of 2018".
Section 8. Powers and Functions of the PAMB. - The PAMB shall have the following powers and functions:
(a) Oversee the management of the protected area;
(b) Approve policies, plans and programs, proposals, agreements, and other related documents for the management of the protected areas;
(c) Approve the management plan of the protected area and ensure its harmonization and integration with the Ancestral Domain Sustainable Development and Protection Plan, land use plan and other development plan, public or private, and its implementation;
(d) Adopt a manual of operations to include rules of procedures in the conduct of business, and the creation of committees and their respective terms of reference;
(e) Recommend the deputation of appropriate agencies and individuals for the enforcement of the laws, rules and regulations governing the management of the protected area;
(f) Allocate financial resources for the implementation of the management plan and manage the Protected Area Retention Income Account and other funds in accordance with the accounting and budgeting rules and regulations;
(g) Set fees and charges in accordance with existing guidelines;
(h) Issue rules and regulations for the resolution of conflicts through appropriate and effective means;
(i) Recommend appropriate policy changes to the DENR and other government authorities with respect to the management of the BPL;
(j) Monitor and assess the performance of the Protected Area Superintendent (PASu) and other protected area personnel and compliance of partners with the terms and conditions of any undertaking, contract or agreement relative to any project or activity within the BPL;
(k) Recommend from among a shortlist of qualified candidates, the designation or appointment of the PASu; and
(l) Assess the effectiveness of the management of the protected area: Provided, That the members of the PAMB representing the LGUs and national agencies shall inform their respective constituents, offices or sectors, of PAMB-approved or other relevant policies, rules, regulations, programs, and projects and shall ensure that the provisions of this Act and the rules and regulations issued to implement it are complied with and used as reference and framework in their respective plans, policies, programs, and projects. Failure to comply with the foregoing shall be the basis for disciplinary action against such member according to administrative rules and regulations and such penalties as the PAMB may provide: Provided, further, That the DENR, through the Regional Director, shall ensure that the PAMB acts within the scope of its powers and functions. In case of conflict between the resolutions issued by the PAMB and the existing administrative orders of national application, the latter shall prevail.
Section 9. The Protected Area Management Office (PAMO). - There shall be established a Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (PASu) who shall supervise the day to day management, protection, and administration of the BPL. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient number of support staff with permanent plantilla positions shall likewise be appointed by the DENR Secretary to assist the PASu in the management of the protected area.
The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the BPL. Pursuant thereto, the PASu shall have the following duties and responsibilities:
(a) Prepare the management plan, in consultation with the stakeholders, including the annual work and financial plan and ensure its implementation;
(b) Ensure the integration of the protected area management plans, programs, projects, and policies with relevant national and LGUs' plans and programs;
(c) Provide secretariat services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making;
(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and programs;
(e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making;
(f) Enforce the laws, rules and regulations relevant to the protected area, commence and institute administrative and legal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of the provisions of this Act;
(g) Monitor, evaluate, and report the implementation of management activities of the protected area;
(h) Request for and receive any technical assistance, support or advice from any agency or instrumentality of the government as well as academic institutions, NGOs, and the private sector, as may be necessary for the effective management, protection and administration of the protected area;
(i) Issue permits and clearances for activities that implement the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the PAMB: Provided, That all permits for extraction activities, including collection for research purposes, shall aslo continue to be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASu, in accordance with the specific acts to be covered;
(j) Collect and receive pertinent fees, charges, donations, and other income for the protected area: Provided, That such fees, charges, donations, and other income collected and received shall be reported regularly to the PAMB and the DENR in accordance with existing guidelines;
(k) Prepare and recommend to the PAMB, approval of the annual work and financial plans of the protected area based on the management plan; and
(l) Perform such other functions as the PAMB and the DENR may assign.
The PAMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the PAMB and approval of the DENR.
ARTICLE III
PROCEEDS AND FEES
Section 10. The Banao Protected Landscape Integrated Protected Area Fund (BPL-IPAF). - There is hereby established a trust fund to be known as the Banao Protected Landscape Integrated Protected Area Fund (BPL-IPAF) for purposes of financing projects of the BPL and the NIPAS. All income generated from the operation and management of wild flora and fauna in the BPL shall accrue to the BPL-IPAF. The income shall be derived from fees from permitted sale and export of flora and fauna and other resources from the MAPL, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the BPL, and such other fees and income derived from the operation of the BPL.
The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited to the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank within the locality: Provided, That disbursements out of such deposits shall be used solely for the protection, maintenance, administration, and management of the protected area and implementation of duly approved projects of the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the general fund in the National Treasury for purposes of financing the programs and projects of the NIPAS.
The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign: Provided, That the fund shall be deposited in full as a special account in the National treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the NIPAS and duly approved projects endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing 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 property business permits, property tax and rentals of LGUs' facilities.1aшphi1
ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS
Section 11. 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 12. Suppletory Application of the NIPAS Law. - The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, shall have suppletory application to this Act.
Section 13. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the Secretary of the DENR shall, in consultation with local governments of the Municipality of Balbalan, the Provincial Government of Kalinga, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.
Section 14. Separability Clause. - If any section or provision of this Act is held unconstitutional or invalid, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
Section 15. Repealing Clause. - All laws, decrees, letters of instruction, executive orders, rules and regulations and other issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(Sgd.) VICENTE C. SOTTO III
President of the Senate |
(Sgd.) LORD ALLAN JAY Q. VELASCO
Speaker of the House of Representatives |
This Act which originated in the House of Representatives was passed by the House of Representatives on May 26, 2021, amended by the Senate of the Philippines on September 27, 2021, and which amendments were concurred in by the House of Representatives on December 7, 2021.
(Sgd.) MYRA MARIE D. VILLARICA
Secretary of the Senate |
(Sgd.) MARK LLANDRO L. MENDOZA
Secretary General House of Representatives |
Approved: APR 08 2022
(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines
The Lawphil Project - Arellano Law Foundation
