AN ACT DECLARING MT. HAMIGUITAN RANGE AND ITS VICINITIES AS PROTECTED AREA UNDER THE CATEGORY OF WILDLIFE SANCTUARY AND ITS PERIPHERAL AREAS AS BUFFER ZONE AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SEC. 4. Definition of Terms. -
(a) "National Integrated Protected Area System (NIPAS)" refers to the classification and inclusion of all designated protected areas into one system pursuant to Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992 to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible.
(b) "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.
(c) "Buffer zone" refers to identified areas outside the boundaries of and immediately adjacent to designated areas that need special development control in order to avoid or minimize harm to the protected area.
(d) "Wildlife sanctuary" refers to an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation.
(e) "Indigenous Cultural Community (ICC)" refers to a group of people sharing common bonds of language, customs and tradition and other distinct cultural traits, as further defined under Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) of 1997.
(f) "Natural park" refers to a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to protect outstanding natural and scenic uses of national or international significance for scientific, educational and recreational use.
(g) "Tenured migrants" refer to occupants within the protected area who have actually and continuously occupied such area for five (5) years before the designation of the same as protected area and are solely dependent therein for subsistence.
(h) "Biodiversity" refers to the variety of life in all its forms found on earth.
(i) "Protected Area Management Board (PAMB)" refers to a multi-sectoral body tasked in planning for the appropriate management strategy to ensure resource protection and the general administration of the protected area.
(j) "Private rights" refers to the right of individual persons to own, under existing laws, and in the case of indigenous cultural communities, rights of possession since time immemorial, which possession may include places of abode and worship, burial grounds and well-defined territories.
SEC. 5. Management Plan. - A management plan and a management manual consistent with the General Management Planning Strategy (GMPS) pursuant to Republic Act No. 7586 shall be prepared by the DENR in coordination with the PAMB of the Mt. Hamiguitan Range Wildlife Sanctuary, concerned LGUs, and other sectors affected which shall serve as bases for the protection and conservation of the biodiversity of the protected area.
The management plan shall be approved by the PAMB and certified to by the DENR Secretary that it conforms to national laws, this Act, and pertinent DENR rules and regulations on protected areas.
SEC. 6. Administration and Management. - The Mt. Hamiguitan Range Wildlife Sanctuary shall be under the administrative jurisdiction of the DENR through the PAMB. Pursuant hereto, the following institutional arrangement is hereby adopted:
(A) The Department of Environment and Natural Resources (DENR). - The Secretary of the DENR shall have supervision over the management of Mt. Hamiguitan Range Wildlife Sanctuary, hereinafter referred to as the Protected Area (PA), and is empowered to perform any and all of the following acts:
(a) Cause the boundary demarcation of the PA;
(b) Conduct of studies on various characteristics, features and condition of the PA;
(c) Adopt and enforce land-use scheme and zoning plan in adjoining areas that may threaten the ecological balance in the PA;
(d) Certify that the PA Management Plan conforms to all national rules and regulations on protected area management, and to communicate objections, if any, to the PAMB within sixty (60) days upon receipt thereof, otherwise the PA Management Plan is considered approved;
(e) Coordinate with other government agencies, academic institutions, etc., for collaborative programs, projects and activities affecting the PA;
(f) Submit to the Office of the President and to Congress the annual report of the PA; and
(g) Formulate the implementing rules and regulations necessary to carry out the provisions of this Act.
(B) The Protected Area Management Board (PAMB). - There shall be a Protected Area Management Board which shall serve as the highest policy-making body of the Mt. Hamiguitan Range Wildlife Sanctuary. It shall be composed of the following: the Regional Executive Director (RED) of DENR Region XI who shall act as PAMB Chairman; the Provincial Governor of Davao Oriental or his authorized representative; the Provincial Planning and Development Officer or his authorized representative; the municipality/city mayors of Mati, San Isidro and Governor Generoso or their respective authorized representatives; all barangay captains within the Mt. Hamiguitan Range Wildlife Sanctuary; three (3) representatives from people's organizations and non-government organizations from the municipalities of Mati, San Isidro and Governor Generoso; representatives from other departments or national government agencies operating within the protected area which can potentially contribute to protected area management; and other stakeholders who can potentially contribute in the protection, preservation and conservation of the Mt. Hamiguitan Range Wildlife Sanctuary.
Specifically, the PAMB shall exercise the following powers and functions:
1. Review, approve and adopt a management plan for the PA;
2. Review the deputation of individuals/groups to augment the PA's protection personnel and thereafter indorse the list to the regional executive director for approval;
3. Fix and impose administrative fees for the use of the PA and fines for violations of prohibited acts in the PA;
4. Approve contracts and agreements consistent with the purpose of this Act except international contracts and agreements;
5. Accept donations and grants in the form of contributions and endowments;
6. Review and approve a work and financial plan for the PA;
7. Coordinate with other government agencies, academic institutions, etc., involved in the management, development and conservation of the PA;
8. Submit an annual report to the DENR Secretary;
9. Delegate authority to the PAMB Executive Committee;
10. Prepare or cause the inventory of protected flora and fauna;
11. Permit, control or regulate the following within the PA:
a. Infrastructures;
b. Public utilities;
c. Occupancy of appropriate management zones;
d. Dumping of waste;
e. Use of motorized equipment;
f. Business enterprise;
g. Other use of the PA such as mountain climbing, research/study; and
h. Recreational activities.
12. Promulgate rules and policies for the conduct of its business; and
13. Initiate and file suits against entities whose existence and/or operations have detrimental effect on the PA.
(C) The DENR Regional Executive Director (RED) for Region XI. -
a. As chairman of the PAMB, sign/approve contracts and agreements consistent with this Act except international contracts and agreements; and
b. Approve the deputation of field officers.
(D) The Protected Area Superintendent's Office (PASO). - There is hereby created a Protected Area Superintendent's Office which shall be supported by a sufficient number of personnel who shall perform day-to-day management, protection and administration of the PA. The head of the office shall be the chief operation officer of the Mt. Hamiguitan Range Wildlife Sanctuary and shall be accountable to the RED of the DENR-Region XI and the PAMB.
SEC. 7. Existing Facilities Within the PA. - Existing facilities within the PA prior to the enactment of this Act shall be subjected to inventory and assessment by the PAMB using its own criteria which shall consider the impact of said facilities on the PA, on biodiversity conservation, resolution of possible conflict between public interest against local interest and national significance of said facilities.
The PAMB, through the PASO, shall monitor the operations of said facilities and shall recommend appropriate actions/measures if said facilities are found not consistent with the purpose of this Act. The PAMB shall also impose royalties or administrative fees or adopt a profit sharing scheme on said facilities subject to negotiations with concerned proponent/s.
SEC. 8. Ancestral Lands and Rights Over Them. - Ancestral lands and domain within the PA shall be recognized and managed pursuant to Republic Act No. 8371.
SEC. 9. Tenured Migrants. - Tenured migrants shall be eligible to become stewards of portions of land within production zones as may be designated by the DENR and from which they may derive subsistence. The DENR shall develop an appropriate tenurial instrument for these inhabitants within the PA.
Tenured migrants shall be considered and treated individually or per household on the basis of head of families with legitimate dependents.
Tenured migrants occupying portions of ancestral domain shall be treated separately. The PAMB shall develop appropriate mechanisms to resolve any dispute arising therein. Absentee/transient migrants in the PA who do not qualify as tenured migrants shall not be eligible to become stewards of portions of land within multiple-use and sustainable zones.
SEC. 10. Other Activities Within the PA. - Proposals for activities like construction of dams, irrigation, canals, transmission lines, access roads/trails and buildings which are outside the scope of the management plan for the PA shall, upon permission of the PAMB, be subject to an environmental impact assessment as required by law before they are adopted, and the results thereof shall be taken into consideration in the decision-making process. No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Environment Impact Assessment (EIA) System. In instances where such activities are to be undertaken, the proponent shall plan and carry them out in such manner as will minimize any adverse effects and take preventive and remedial action when appropriate. The proponent shall be liable for damage due to lack of caution or indiscretion.
The PAMB shall determine what activities for the essential use of the communities shall be allowed consistent with the management plan and based on biodiversity criteria and management zoning plan.
Areas under the management of other agencies of the government shall be integrated in the overall management plan of the PA.
SEC. 11. Local Government Units (LGUs). - The local government units (LGUs) within the PA shall be bound to follow the management plan and adopt it once approved. The LGUs shall not pass ordinances to amend the management plan nor shall the management plan be overturned by an ordinance.
Segregation of portions of the PA for LGU use, such as tourism and industrial estate, shall be assessed based on biodiversity criteria and consistent with the management plan of the PA.
Any development/project proposals of the LGU within the PA shall, prior to its implementation, be reviewed, evaluated and approved by the PAMB.
SEC. 12. Integrated Protected Areas Fund (IPAF). - There is hereby established a trust fund to be known as the Integrated Protected Areas Fund (IPAF) for purposes of financing projects of the system. All incomes generated from the operation of the system or management of wild flora and fauna in the PA shall accrue to the fund. These income shall be derived from fees from permitted sale and export of flora and fauna and other resources from the PA, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the PA; and such other fees and incomes derived from the operation of the PA.
The fund may be augmented by grants, donations, endowment from various sources, domestic or foreign, for purposes related to their functions: Provided, That the fund shall be deposited as a special account in the National Treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the system, and duly approved projects endorsed by the PAMB in accordance with existing accounting and budgeting rules and regulations: Provided, further, That no amount shall be disbursed for the operating expenses of the Department and other concerned agencies.
All donations, grants, endowments shall be exempted from the donor's tax and all other taxes, charges and fees imposed by the government.
SEC. 13. Special Prosecutors. - The Department of Justice (DOJ) shall designate special prosecutors to prosecute violations of laws, rules and regulations in the PA.
SEC. 14. Prohibited Acts. - The following acts are prohibited within the PA:
1. Cutting, gathering or collecting timber or other forest products without license. Any person who shall cut, gather, collect, remove timber or other forest products from any forest land within the PA without any authority under a license or permit, or possess timber or other forest products without the legal documents as required under existing forestry laws and regulations, shall be guilty of qualified theft as defined and punishable under Articles 309 and 310 of the Revised Penal Code.
2. Squatting. - Any person who with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner/claimant, succeeds in occupying or possessing the property/claim of the latter, against his will for residential, commercial or any other purposes, shall be punished by imprisonment ranging from six (6) months to one (1) year or a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) at the discretion of the court, with subsidiary imprisonment in case of insolvency.
If the offender is a corporation or association, the maximum penalty of five (5) years imprisonment and a fine of Five thousand pesos (P5, 000.00) shall be imposed upon the president, director, manager or managing partners thereof.
3. Unlawful occupation or destruction of forest lands within the PA. - Any person who enters and occupies or possesses or makes kaingin for his own private use or for others any land within the PA without any authority or permit from the PAMB or in any manner destroys such land or part thereof or causes any damage to the timber stand and other forest products and forest growths found therein shall be punishable by the penalties provided for in Section 15 hereof.
4. Except as may be allowed by the nature of their categories and pursuant to the rules and regulations governing the same, the following additional acts are prohibited within the PA and shall subject those found guilty by the penalties provided for in Section 15 hereof.
a. Hunting, destroying, disturbing, or more possession of any plant or animal or products derived therefrom without a permit from concerned authorities;
b. Dumping of any waste products detrimental to the PA, or to the plants and animals or inhabitants therein;
c. Using any motorized equipment without a permit from the PAMB;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities;
e. Damaging and leaving roads and trails in a damaged condition;
f. Mineral exploration and survey of energy resources;
g. Constructing or maintaining any kind of structure, fence or enclosures, and conducting any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing such in the grounds or in bodies of water;
i. Altering, removing, destroying or defacing boundary markers, monuments or interpretative signs; and
j. Entry without a permit of the following:
1. Mountain climbers;
2. Campers;
3. Spelunkers;
4. Study/research groups/individuals; and
5. Visitors.
k. Mining, sand and gravel quarrying/extraction; and
l. Buying, selling or transferring of rights over any land within the PA.
SEC. 15. Penalties. - Whoever is found guilty of the acts prohibited under this Act or any rules and regulations issued by the Department pursuant to this Act or whoever is found guilty by competent court of justice of any of the offenses in the preceding section shall be penalized with a fine of not less than Five thousand pesos (P5,000.00) nor more than Five hundred thousand pesos (P500,000.00), exclusive of the value of the thing damaged, or imprisonment for not less than one (1) year but not more than six (6) years, or both, as determined by the court: Provided, That the offender shall also be required to restore or compensate for the restoration to the damage: Provided, further, That the court shall order the eviction of the offender from the land and the forfeiture in favor of the government of all minerals, timber, or any species collected or removed including all equipment, devices and firearms used in connection therewith, or any construction or improvements made thereon by the offender. If the offender is an association or corporation, the president or manager shall be directly responsible for the act of his employees and laborers: Provided, finally, That the DENR shall impose administrative fines and penalties it may deem fit and consistent with this Act.
SEC. 16. Appropriations. - The Secretary of the DENR shall include in its program the implementation of this Act, the funding of which shall be charged against the IPAF constituted under this Act.
SEC. 17. Transitory Provisions. - All regular DENR and other personnel assigned/detailed with the Office of the Mt. Hamiguitan Range Wildlife Sanctuary of the DENR-Region XI prior to the approval of this Act will form part of the PA regular staff.
Portions of the PA which are within the jurisdiction of the Provincial Environment and Natural Resources Office (PENRO) and the Community Environment and Natural Resources Office (CENRO) in Davao Oriental, as the case may be, shall be transferred to the administrative jurisdiction of the PA.
SEC. 18. Separability Clause. - If any part or section of this Act is declared unconstitutional, such declaration shall not affect in any manner the other parts or sections of this Act.
SEC. 19. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations inconsistent with any provision of this Act shall be deemed repealed or modified accordingly.
SEC. 20. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
Approved: July 30, 2004
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