Republic Act No. 9237 "Mount Apo Protected Area Act of 2003." (Part 1)

AN ACT ESTABLISHING MOUNT APO LOCATED IN THE MUNICIPALITIES OF MAGPET AND MAKILALA AND CITY OF KIDAPAWAN, PROVINCE OF COTABATO, IN THE MUNICIPALITIES OF BANSALAN AND STA. CRUZ AND CITY OF DIGOS, PROVINCE OF DAVAO DEL SUR, AND IN THE CITY OF DAVAO, AS A PROTECTED AREA UNDER THE CATEGORY OF NATURAL PARK AND ITS PERIPHERAL AREAS AS BUFFER ZONES, PROVIDING FOR ITS MANAGEMENT, 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 Mount Apo Protected Area Act of 2003.

Section 2. Declaration of Policy. — Considering Mt. Apo's aesthetic, economic, cultural, and ecological importance and its unique biological resources, it is hereby declared the policy of the State to secure its protection and conservation and those of the indigenous peoples and communities residing therein as well as their culture and way of life. In so doing, the State shall: (a) ensure the protection and conservation of biodiversity in Mt. Apo through sustainable and participatory development; (b) advance, respect, and protect the customs and interests of its legitimate inhabitants, migrants, and indigenous peoples alike; and (c) foster partnership among government, non-government organizations, and people's organizations.

Section 3. Definition of Terms. —

(a) "Ancestral" domain/ancestral lands refers to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), subject to property or prior rights within the ancestral domains already existing and vested upon the effectivity of Republic Act No. 8371 or the Indigenous People's Rights Act (IPRA) of 1997, comprising lands, inland waters, and natural resources therein held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators.

(b) "Biodiversity" refers to the variety and variability among all living organisms and the ecological complex in which they occur.

(c) "Buffer zones" refers to areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 of Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992, that need special development and control in order to provide an extra layer around the protected area where restrictions may apply and managed according to the management plan and applicable rules and regulations issued as provided for in this Act and related statutes.

(d) "By-products" refers to any part taken from wild species such as hides, antlers, feathers, fur, teeth, claws, internal organs, eggs, roots, trunk, branches, leaves, stems, flowers, bark, including their derivatives such as blood, oils, resin, gum, seed, spores, pollen, honey, beeswax, and the like.

(e) "Collection or collecting" refers to the act of gathering or harvesting wild flora and fauna species and its by-products or derivatives.

(f) "Commercial facilities" refers to the conduct of business by natural or artificial persons with the purpose of securing an economic or resource surplus not needed for immediate subsistence.

(g) "Conservation" refers to the optimum utilization and management of natural resources in order to meet the needs and aspirations of the present and the future.

(h) "Ecosyste"m refers to the community of plants and animals, their physical environment, and the interactions between them.

(i) "Environmental Impact Assessment" refers to the Environment Impact Assessment System established under Presidential Decree No. 1586 or supervening legislation.

(j) "Exotic species" refers to species or subspecies which do not naturally occur within the country or within the biogeographic region of the Philippines in which the protected area is situated.

(k) "Fish/aquatic animals/products" refers to fishes and other aquatic animals such as crustaceans, echinoderms, marine animals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form.

(l) "Fishing" refers to the taking of the fish, aquatic products or any aquatic flora and fauna from their wild habitat, with or without the use of fishing vessels.

(m) "Forest products" refers to timber, pulpwood, firewood, bark, tree top, resin, gum, wood, lumber, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational, and geologic resources in forest lands.

(n) "Indigenous Cultural, Communities" refers to the ICCs/IPs as defined in the IPRA. Specifically in the Mt. Apo Natural Park, the ICCs/IPs are known to be composed of the Bagobo and its sub-tribes namely the Ubo, Jangan, and Tagabawa or Bawa who reside within or are substantially dependent upon the protected area.

(o) "Legitimate private rights" refers to vested prior rights acquired in accordance with existing laws without taint of deceit, stealth, fraud or bad faith.

(p) "Management Plan" refers to the fundamental plan, strategy and/or scheme which shall guide all activities relating to the Mt. Apo Natural Park in order to attain the objectives of this Act as stated in Section 2 hereof.

(q) "Non-government organizations" refers to nonstock, nonprofit organizations with qualifications and expertise and engaged in activities concerning community organizing and development or resource and environmental conservation, management and protection related to the protected area.

(r) "People's organization" refers to a group of people, which may be an association, cooperative, federation, or aggrupation of individuals or groups, with an identifiable structure of decision making and accountability, established to undertake collective action to address community concerns and needs in relation to the protected area.

(s) "Protected area" refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation.

(t) "Secretary" refers to the Secretary of the Department of Environment and Natural Resources (DENR).

(u) "Stakeholders" refers to individuals, communities, organizations or aggrupation of specific interests or sectors which have particular interest in the achievement of the objective of this Act or dependence, access, or utilization of resources within the protected area such as but not limited to the local government units, people's organizations, non-government organizations, indigenous cultural communities, the DENR, and other concerned government agencies.

(v) "Sustainability or sustainable" refers to the use of components of biological diversity in a way and at a rate that does not lead to the decline in the species used, thereby maintaining its potential to meet the needs and aspirations of the present and future Filipino generations.

(w) "Tenured migrants" refers to individuals and households who have actually and continuously occupied public lands which are not alienable and disposable within the protected area before June 1, 1987 and are substantially dependent on the protected area for their livelihood.

(x) "Timber" refers to wood having an average diameter of at least fifteen (15) centimeters and a length of at least one and a half (1.5) meter in its unaltered state, or wood regardless of size, sawn or hewn on two or more sides usually referred to as flitch and all mangrove.

Section 4. Scope. — The Mt. Apo Natural Park shall cover certain parcels of lands situated in the municipalities of Magpet and Makilala and City of Kidapawan in the Province of Cotabato; municipalities of Bansalan and Sta. Cruz and City of Digos in the Province of Davao del Sur, and in the City of Davao. The boundaries of the Mt. Apo Natural Park, containing an area of 549,744,724.32 square meters, more or less, subject to ground demarcation are as follows:

Beginning at a point marked "1" on the map and on the ground; being N 45º36' W about 4,044.877 meters from BCGS monument APO B.L. 29E 1953;

CORNER	LINE	BEARING	DISTANCE	CORNER MONUMENT	REFERENCE OR LOCATION
1	1	N 54°12' E	543.89 meters	20 CM X 20 CM.	On ridge of Mt.
	2			Conc. Mon.	Talomo range.
2	2	S 56°38' E	5,595.16 meters	20 CM X 20 CM.	Bank of Talomo
	3			Conc. Mon.	River.
3	3	S 4°33' E	1,852.29 meters	20 CM X 20 CM.	Junction of Talomo
	4			Conc. Mon.	River & Taguy Cr.
4	4	S 41°18' W	229.50 meters	20 CM X 20 CM.	Bank of Taguy Cr.
	5			Conc. Mon.
5	5	S 36°28' E	122.09 meters	20 CM X 20 CM.	On slope of ridge
	6			Conc. Mon
6	6	S 40°40' E	515.88 meters	20 CM X 20 CM.	On slope of ridge
	7			Conc. Mon.
7	7	S 48°30' E	338.66 meters	20 CM X 20 CM.	On slope of ridge
	8			Conc. Mon.
8	8	N 56°17' E	2,742.27 meters	20 CM X 20 CM.	Bank of Saro River
	9			Conc. Mon.
9	9	N 85º53' E	1,745.00 meters	20 CM X 20 CM.	Bank of Saro River
	10			Conc. Mon.
10	10	S 31°47' W	3,166.44 meters	20 CM X 20 CM.	Junct. of Lipadas
	11			Conc. Mon.	River & Saro River
11	11	S 22º00'	E 475.14 meters	20 CM X 20 CM.	Bank of Lipadas
	12			Conc. Mon.	River
12	12	N 77°00'	E 350.00 meters	20 CM X 20 CM.	On slope of ridge
	13			Conc. Mon.
13	13	S 30º00' E	235.12 meters	20 CM X 20 CM.	Bank of Longon 1
	14			Conc. Mon.	Creek
14	14	N 63º19' E	1,266.50 meters	20 CM X 20 CM.	Bank of Longon 2
	15			Conc. Mon.	Creek
15	15	S 66°42' E	504.80 meters	20 CM X 20 CM.	Junct. of Longon 2
	16			Conc. Mon.	Cr. & Alano Cr.
16	16	S 53º40' W	968.03 meters	20 CM X 20 CM.	Bank of Tagurano
	17			Conc. Mon.	Creek
17	17	S 41°47' W	695.66 meters	20 CM X 20 CM.	On ridge near
	18			Conc. Mon.	trail
18	18	S 51º28' W	469.85 meters	20 CM X 20 CM.	Bank of Lapuy Creek
	19			Conc. Mon.
19	19	S 62º41' W	505.11 meters	20 CM X 20 CM.	Bank of Lapuy Creek
	20			Conc. Mon.
20	20	S 50°00' E	213.77 meters	20 CM X 20 CM.	Bank of Lapuy Creek
	21			Conc. Mon.
21	21	S 14°00' E	395.50 meters	20 CM X 20 CM.	On slope of ridge
	22			Conc. Mon.
22	22	N 72º16' E	280.00 meters	20 CM X 20 CM.	Bank of Gumate
	23			Conc. Mon.	Creek
23	23	S 68º59' E	465.05 meters	20 CM X 20 CM.	Bank of Gumate
	24			Conc. Mon.	Creek
24	24	N 47º06' E	420.00 meters	20 CM X 20 CM.	Bank of Gumate
	25			Conc. Mon.	Creek
25	25	S 77º13' E	440.00 meters	20 CM X 20 CM.	Bank of Gumate
	26			Conc. Mon.	Creek
26	26	S 05°15' W	340.00 meters	20 CM X 20 CM.	Bank of Gumate
	27			Conc. Mon.	Creek
27	27	S 05°15' W	339.64 meters	20 CM X 20 CM.	On slope of ridge
	28			Conc. Mon.	near Bulakan
28	28	N 73°59' E	455.24 meters	20 CM X 20 CM.	Bank of Walaway
	29			Conc. Mon.	Creek
29	29	S 84°56' E	817.53 meters	20 CM X 20 CM.	Bank of Walaway
	30			Conc. Mon.	Creek
30	30	S 70º48' W	1,888.69 meters	20 CM X 20 CM.	Junct. of Bato River
	31			Conc. Mon.	& Walaway Creek
31	31	S 04º00' W	220.55 meters	20 CM X 20 CM.	Bank of Bato River
	32			Conc. Mon.
32	32	S 22°00' W	470.00 meters	20 CM X 20 CM.	On slope of ridge
	33			Conc. Mon.
33	33	S 22°00' W	530.00 meters	20 CM X 20 CM.	On slope of ridge
	34			Conc. Mon.
34	34	S 22°00' W	300.00 meters	20 CM X 20 CM.	On slope/side of
	35			Conc. Mon.	trail
35	35	S 85°00' W	400.00 meters	20 CM X 20 CM.	On slope of ridge
	36			Conc. Mon.
36	36	Due South	601.96 meters	20 CM X 20 CM.	On slope of ridge
	37			Conc. Mon.
37	37	S 53°28' E	353.22 meters	20 CM X 20 CM.	North bank of
	38			Conc. Mon.	Baracatan River
38	38	S 22º40' W	258.01 meters	20 CM X 20 CM.	North bank of
	39			Conc. Mon.	Baracatan River
39	39	S 22°40' W	298.88 meters	20 CM X 20 CM.	On slope south of
	40			Conc. Mon.	Cucob Creek
40	40	S 22º41' W	101.57 meters	20 CM X 20 CM.	On slope near
	41			Conc. Mon.	DENR office bldg.
41	41	S 34°00' E	125.00 meters	20 CM X 20 CM.	On bank of gully
	42			Conc. Mon.
42	42	S 10º00' W	350.00 meters	20 CM X 20 CM.	On slope of ridge
	43			Conc. Mon.
43	43	S 21°00' W	600.00 meters	20 CM X 20 CM.	On slope of ridge
	44			Conc. Mon.
44	44	S 36°00' W	600.00 meters	20 CM X 20 CM.	North bank of
	45			Conc. Mon.	Madalambaog Cr.
45	45	N 78º10' W	860.59 meters	20 CM X 20 CM.	North bank of Dolis
	46			Conc. Mon.	Creek
46	46	S 03°31' W	189.10 meters	A point	At source of Bidaran
	47				Creek
47	47	S 08º32' W	510.52 meters	STAKE	On slope of ridge
	48
48	48	S 37°46' E	2,405.34 meters	STAKE	On slope of ridge
	49
49	49	S 07°57' E	448.82 meters	STAKE	On slope of ridge
	50
50	50	S 52°25' E	479.94 meters	A point	At bank of Cabarisan
	51				Creek
51	51	S 17°25' W	891.71 meters	A point	At bank of Cabarisan
	52				Creek
52	52	S 02º03' E	1,297.30 meters	STAKE	On slope of ridge
	53				W. of Balusong Cr.
53	53	S 75°03' E	954.26 meters	STAKE	On slope of ridge
	54				E. of Balusong Cr.
54	54	N 56º54' E	1,346.63 meters	STAKE	On slope of ridge
	55
55	55	S 67º28' E	1,856.12 meters	STAKE	On slope of ridge E.
	56				of Ligi Creek
56	56	S 15°31' E	1,963.46 meters	STAKE	On bank of Bunawan
	57				Cr.
57	57	S 57°14' E	1,251.26 meters	STAKE	On slope of ridge
	58
58	58	S 31°51' E	2,370.84 meters	STAKE	On slope of ridge
	59
59	59	S 19°04' W	1,626.45 meters	STAKE	On slope of ridge
	60
60	60	S 10°34' E	739.39 meters	STAKE	On slope of
	61				Kabayawa Ridge
61	61	S 43°16' W	2,752.97 meters	STAKE	On slope of
	62				Ridge Patulangon
62	62	N 36º44' W	2,090.86 meters	STAKE	On slope of Lubo
	63				Ridge
63	63	N 64°18' W	457.09 meters	STAKE	Bank of Latong
	64				Creek
64	64	S 83°11' W	892.99 meters	STAKE	On slope of Luay
	65				Ridge
65	65	S 53°45' W	1,566.66 meters	STAKE	On slope of ridge
	66
66	66	S 04°21' W	1,713.10 meters	STAKE	N. bank of Pilan
	67				Creek
67	67	S 89°58' W	1,829.53 meters	STAKE	On slope of ridge
	68
68	68	S 79º40' W	355.08 meters	STAKE	On slope of ridge
	69
69	69	N 34°57' W	1,040.41 meters	STAKE	On slope of ridge
	70
70	70	S 59°05' W	1,180.96 meters	STAKE	On slope of ridge
	71
71	71	N 71°35' W	511.08 meters	STAKE	On slope of ridge
	72
72	72	S 42º59' W	399.11 meters	STAKE	On bank of Calagan
	73				Creek
73	73	S 39°02' W	398.93 meters	20 CM X 20 CM.	On bank of Calagan
	74			Conc. Mon.	Creek
74	74	S 22°37' E	1,480.46 meters	20 CM X 20 CM.	Junct. of Calagan
	75			Conc. Mon.	Cr. & Ruparan River
75	75	S 12°52' E	1,103.10 meters	20 CM X 20 CM.	Bank of Ruparan
	76			Conc. Mon.	River
76	76	S 444°46' E	1,166.20 meters	20 CM X 20 CM.	Bank of Ruparan
	77			Conc. Mon.	River
77	77	S 02º18' W	2,075.31 meters	20 CMX 20 CM.	Bank of Ruparan
	78			Conc. Mon.	River
78	78	S 62º17' W	1,386.05 meters	20 CM X 20 CM.	Bank of Ruparan
	79			Conc. Mon.	River
79	79	N 49°54' W	1,109.34 meters	20 CM X 20 CM.	Bank of Ruparan
	80			Conc. Mon.	River
80	80	N 36º01' W	1,216.78 meters	STAKE	On slope of ridge
	81
81	81	N 24º39' W	672.95 meters	STAKE	On bank of Bidarag
	82				Creek
82	82	N 63º53' W	1,223.94 meters	STAKE	On slope of ridge
	83
83	83	N 42°21' W	890.68 meters	STAKE	On east bank of
	84				Calamagan Creek
84	84	N 43º58' W	528.01 meters	STAKE	On east bank of
	85				Napan Creek
85	85	N 86°49' W	903.14 meters	STAKE	On slope of ridge
	86
86	86	S 61º39' W	428.68 meters	STAKE	On slope of ridge
	87
87	87	N 89°34' W	798.06 meters	STAKE	On slope of ridge
	88
88	88	S 52º09' W	502.97 meters	STAKE	On bank of
	89				intermittent creek
89	89	S 26º19' W	867.72 meters	STAKE	On slope of ridge
	90
90	90	N 84º54' W	1,918.83 meters	STAKE	Slope of ridge west
	91				of Balabag Creek
91	91	S 82°42' W	1,921.99 meters	STAKE	On slope of ridge
	92
92	92	N 78º21' W	767.59 meters	STAKE	Slope of ridge west
	93				of Sinawilan Creek
93	93	S 88º37' W	352.11 meters	STAKE	On bank of Miral
	94				River
94	94	N 27°59' W	1,076.23 meters	STAKE	Slope of ridge west
	95				of Miral River
95	95	N 57°56' W	564.60 meters	STAKE	On slope of ridge
	96
96	96	N 00°09' W	487.82 meters	STAKE	On slope of ridge
	97
97	97	N 53°47' W	3,390.96 meters	STAKE	On slope of ridge
	98
98	98	N 46°16' E	2,359.60 meters	STAKE	On slope of ridge
	99
99	99	N 20º46' W	3,193.79 meters	STAKE	Slope of ridge east
	100				of Marber River
100	100	N 01º19' W	1,032.99 meters	STAKE	On slope of ridge
	101
101	101	N 46°52' W	542.18 meters	STAKE	Slope of ridge east
	102				of Darapuay River
102	102	N 76°48' W	320.53 meters	STAKE	East bank of
	103				Balugan River
103	103	N 82°47' W	672.03 meters	STAKE	East bank of
	104				Balugan River
104	104	N 50°00' W	1,791.19 meters	STAKE	Slope of ridge west
	105				of Balugan River
105	105	N 05°06' W	2,161.48 meters	STAKE	Slope of ridge west
	106				of Bulatukan River
106	106	N 12º56' W	2,053.92 meters	STAKE	On slope of ridge
	107
107	107	N 06°24' E	1,348.10 meters	STAKE	On slope of ridge
	108
108	108	N 16°02' E	1,893.96 meters	STAKE	On slope of ridge
	109
109	109	N 37º47' W	506.92 meters	STAKE	On slope of ridge
	110
110	110	N 01º27' W	417.96 meters	STAKE	On slope of ridge
	111
111	111	S 86°13' E	971.65 meters	STAKE	Bank of Saguing
	112				River
112	112	N 69º21' E	487.24 meters	STAKE	Slope of ridge north
	113				of Saguing River
113	113	N 38º07' E	293.20 meters	STAKE	On slope of ridge
	114
114	114	N 64°57' E	510.64 meters	STAKE	On slope of ridge
	115
115	115	N 78º35' E	281.30 meters	STAKE	On slope of ridge
	116
116	116	N 41º59' E	598.15 meters	STAKE	On slope of ridge
	117
117	117	N 05º58' E	788.39 meters	STAKE	On slope of ridge
	118
118	118	N 59º45' E	558.02 meters	STAKE	Slope of ridge south
	119				of Kinatilan River
119	119	N 89º00' E	1,633.62 meters	STAKE	Slope of ridge north
	120				of Kinatilan River
120	120	S 37°48' W	820.01 meters	STAKE	Ident. to cor. 4 Geo-
	121				thermal reservation
121	121	S 52º12' E	4,274.96 meters	20 CM X 20 CM.	Ident. to cor. 4 Geo-
	122			Conc. Mon.	thermal reservation
122	122	N 37°48' E	1,640.01 meters	20 CM X 20 CM.	Ident. to cor. 3 Geo-
	123			Conc. Mon.	thermal reservation
123	123	N 52º12' W	3,654.96 meters	20 CM X 20 CM.	Ident. to cor. 2 Geo-
	124				thermal reservation
124	124	N 29º51' E	92.42 meters	STAKE	On slope of ridge
	125
125	125	N 46º58' W	615.63 meters	20 CM X 20 CM.	Bank of Marver
	126			Conc. Mon.	River
126	126	N 14º02' E	371.07 meters	STAKE	On slope of ridge
	127			Conc. Mon.
127	127	N 61°23' W	751.84 meters	STAKE	Bank of Marver
	128				River
128	128	N 9°47' E	588.56 meters	STAKE	Bank of Marver
	129				River
129	129	N 51º09' W	1,734.11 meters	STAKE	Bank of Marver
	130				River
130	130	N 71°09' E	3,615.81 meters	STAKE	Bank of Marver
	131				River
131	131	N 67º46' E	2,259.01 meters	STAKE	On slope of ridge
	132
132	132	N 83°22' E	1,398.22 meters	STAKE	On slope of ridge
	133
133	133	N 23°16' E	1,803.49 meters	STAKE	On slope of ridge
	134
134	134	N 88º20' E	450.06 meters	20 CM X 20 CM.	On slope of ridge
	135			Conc. Mon.
135	135	N 88°56' E	437.43 meters	20 CM X 20 CM.	On slope of ridge
	136			Conc. Mon.
136	136	N 89°20' E'	314.90 meters	20 CM X 20 CM.	On slope of ridge
	137			Conc. Mon.
137	137	N 58°07' E	460.37 meters	20 CM X 20 CM.	On slope of ridge
	1			Conc. Mon.

A parcel of land containing seven million ten thousand (7,010,000.00) sq. m., which was declared as a geothermal reservation, under the jurisdiction, control, and administration of the Philippine National Oil Company (PNOC) by virtue of its prior vested rights under Proclamation No. 853 of January 30, 1992 in conjunction with Executive Order No. 223, is hereby excluded from the Park: Provided, That in line with PNOC's environmental and watershed management program, PNOC shall assist in the protection and management of the Mt. Apo Natural Park in the form of direct assistance in reforestation and other preservation activities in the Park that may be identified: Provided, further, That the PNOC geothermal reservation shall automatically revert to and form part of the Park upon cessation of PNOC operations in the excluded area.

In view of the crucial role of power generation to the national economy, plans and activities of the PNOC geothermal project related to support facilities, back-up or new transmission lines, stabilizing and power-enhancing substations, and other auxiliary support facilities which are vital to the environmental sustainability and energy security of Mindanao shall be implemented within designated buffer zones subject to approval of the Protected Area Management Board (PAMB) and by appropriate government agencies in line with the national mandate on the development of indigenous sources of energy.