Republic Act No. 11806. An Act Declaring a Parcel of Land Located in the City of Masbate and the Municipality of Mobo a Protected Area with the Category of Natural Biotic Area

.... H. No. 9488 ·I ~uhlic of tqe Jijlippines " (tlnn9ress nf fqt Jqilippin~s ~:efto ~uila ~igqt.eimtq al:ongttH ~qirh ~gular,,itHion • Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty-one. [ REPUBLIC ACT NO. 118 0 6] AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE CITY OF MASBATE AND THE MUNICIPALITY OF MOBO, IN THE PROVINCE OF MASBATE, A PROTECTED AREA WITH THE CATEGORY OF NATURAL BIOTIC AREA UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE TUGBO NATURAL BIOTIC AREA, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of K'lpresentatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS . SECTION l. Short' Title. - This Act shall be known as the "Tugbo Natural Biotic Area Act". 2 SEC. 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 the Tugbo Watershed Forest Reserve, as well as their aesthetic and ecological importance, a parcel ofland locat.ed in the City of Mas bate and the Municipality of Mobo, in the Province of Mas bate, is hereby declared a protected area with the category of natural biotic area, and shall hereinafter be referred to as the Tugbo Natural Biotic Area (!'NBA). 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 consi,stent with the principles of biological diversity and sustainable development. Towards this end, the State thall 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. SEC. 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; 3 (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 (ICCs)!Indigenous peoples (IPs) refer to groups of people sharing common bonds of language, customs, traditions, and other distinctive cultutal traits, and who have, since time immemorial occupied, possessed and uti \ized a territory; , .... . (d) National park refers to land of the public domain classified as such in the Constitution which include all areas under the NIP AS, primarily designated for the conservation of native plants and animals, their associated habitats and cultural diversity; (e) Natural biotic area refers to an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace; • (f) 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; 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. SEC. 4. Classification as a National Park. -The TNBA is comprised of a parcel of land of the public domain located in the City of Masbate and Municipality of Mobo, in the Province of Masbate. All lands of the public domain within the coverage and scope of the TNBA shall fall under the classification of national park as provided for in Article XII, Section 3 of the Constitution. SEC. 5. Scope and Coverage. - The boundaries of the TNBA are more particularly described as the area beginning at a 4 5 · t k d "1" on plan which is N 51° 03' 09" E, 2,824.619 thence S16-10-00W 111.25 meters to corner 19; pom mar e , . meters from PRS92 ''MST-3103" with g~ographic ~oord~ates S42-06-00E 95.59 meters to corner 20; of 12° 17' 37 .39667" Latitude and 123° 35 ~3.97029 Longitude thence located at Barangay Sinalongan, City of Masbate, Province of Masbate, thence S69-04-00E 74.90 meters to corner 21; thence N45-05-00W 84.15 meters to corner 2· thence S55-33-00E 102.45 meters to co&.er 22; ' thence Nl5-13-00W 193.84 meters to corner 3; thence S17-25-00E 138.51 m.~ers to corner 23; thence N41-37-00W 274.35 meters to corner 4· , thence S12-57-00E 88.30 meters to corner 24; thence N31-22-00W 252.93 meters to corner 5· ' thence S42-10-00E 78.74 meters to corner 25; thence N19-35-00W 137.03 meters to corner 6; thence S85-17-00E 232.19 meters to corner 26; • thence N07-04-00W 115.36 meters to corner 7; thence S46-24-00E 133.69 meters to corner 27; thence N05-48-00E 146.16 meters to corner 8· ' thence S28-24-00E 42.27 meters to corner 28; thence N03-27-00W 209.60 meters to corner 9· ' thence S49-01-00E 98.69 meters to corner 29; thence N41-20-00W 298.59 meters to corner 10; thence S41-55-00E 169.91 meters to comer 30; thence N64-42-00E 226.66 meters to corner 11; I thence S59-19-00E 96.55 meters to corner 31; thence N03-45-00E 382.31 meters to corner 12; thence S46-31-00E 53.11 meters to comer 32; thence S77-55-00E 116.36 meters to corner 13; thence S25-49-00E 117.28 meters to corner 33; thence N67-13-00E 190.43 meters to corner 14; thence S06-29-00W 259.70 meters to corner 34; thence N38-17-00E 73.96 meters to corner 15; thence S24-38-00W 317.14 meters to corner 35; thence N42-18-00E 89.84 meters to corner 16; thence S37-10-00W 30.03 meters to corner 36; thence S69-58-00E 147.69 meters to corner 17; thence S37-10-00W 225.61 meters to corner 37; thence S52-42-00E 151.96 meters to corner 18; thence S30-16-00W 70.80 meters to corner 38; I 6 thence S54-32-00E 32. 79 meters to corner 39; thence S65-04-00W 145.07 meters to corner 40; thence S56-36-00W 134.08 meters to corner 41; thence S77-36-00W 20.88 meters to corner 42; thence N49-32-00W 170.68 meters to corner 43; thence N76-17-00W 121.08 meterstocorner44; thence N54-35-00W 73.34 meters to corner 45; thence N64-06-00W 112.29 meters to corner 46; thence S56-00-00W 260.23 meters to corner 47; thence S04-13-00W 45.48 meters to corner I, ' " and comprises two hundred twenty-four (224) hectares, filore or less. SEC. 6. Establishment of Buffer Zodes. - The Department of Environment and Natural Resources (DENR) Secretary, upon the recommendation of the Protected Area Management Board (P AMB) created under Section 7 of this Act, may designate areas surrounding the TNBA 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 ' SEC. 7. Protected Area Management Board (PAMB). Within ninety (90) days from the effectivity of this Act, a Protected 7 Area Management Board (P AMB) shall be created to oversee the management of the TNBA. The P AMB shall be composed of the following: (a) DENR Regional Executive Director for Region V, as Chairperson; '1 (b) Governor of the Province of M~tate or his/her duly authorized representative; (c) Senat.ors of the Republic of the Philippines who are duly registered residents of the Province of Masbate, or their duly designated representatives, unless the Senators decline the membership in the PAMB; (d) District Representative of the Congressional District where the TNBA is located, or his/her duly designated representative, unless the District Represep.tative declines the membership in the P AMB; (e) Mayors of the City of Masbate, and Municipality of Mobo, in the Province of Masbate, or their duly authorized representatives; (f) Chairpersons of all the barangays with territorial jurisdictioti over the TNBA; (g) Regional Directors of the following government agencies, namely: Department of Agriculture (DA), National Economic and Development Authority (NEDA), Department of Science and Technology (DOST), Philippine National Police (PNP), Department of National Defense (DND), and Department of Tourism (DOT); (h) Three (3) representatives from either NGOs, or people's organizations (POs) based in the Province of Masbate, duly accredited both by the DENR and the provincial government. The NGOs or POs represented should have been in existence for at least five (5) years and must have a record of accomplishments in the field of protected area management; s· (i) At least one (1) but not more than three (3) representatives from all the ICCs/lPs p'resent 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 Masbat.e, with proven track record in or related to protected area management; and (k) One (1) representative from the prtvate sector, preferably a resident of the Province of Masbate, who is distinguished in a profession or field of interest relevant to the protected area management. The terms of office of members of the P AMB, as well as the grounds for their removal, shall be in accordance with the provisions of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System Act of 1992", as amended by Republic Act No. 11038, otherwise known as the "Expanded National Integrated Protect.ed Areas System Act of 2018". SEC. 8. Functions of the PAMB. - The PAMB shaU have the following powers and functions: ,! (a) Oversee the management of the protected area; (b) Approve policies, plans and programs, proposals, agreeme.nts, and other related documents for the management of the protected areas; (c) Approve the management plan of the protected area and ensure its harmonization with and integration into the Ancestral Domain Sustainable Development and Protection Plan, land use plan and other development plans, public or private, and their implementation; (d) Adopt a manual of operations to include rules of procddures in the conduct of business, and the creation of committees and their respective terms of reference; 9 (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 government accounting, budgeting, and auditing rules and regulatiens; ·1' (g) Set fees and charges in accordance with existing guidelines; (h) Issue rules and regulations for the resolution of conflicts through appropriat.e and effective means; (i) Recommend appropriate policy changes to the 0 DENR and other government authorities with respect to the management oftheTNBA; (j) Monitor and assess the performance of the Protected Area Superintendent (P ASu) 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 TNBA; (k) R~commend from among a shortlist of qualified candidates, the designation or appointment of the PASu; and (1) 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 P AMB-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 P AMB may provide: Provided, further, That 10 the DENR, through the Regional Director,. shall ensure that the P AMB acts within the scope of its powers and functions. In case of conflict between the resolutions issued by the P AMB and the existing administrative orders of national application, the latter shall prevail. SEC. 9. The Protected Area Management Office (PAMO). There is hereby established a Protected Area Management Office (P AMO) to be headed by a PASu who shall supervise the day to day management, protection, and administration of the TNBA. The P ASu 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 P ASu in the management of the protected area. The PASu shall be primarily accountable to the P AMB and the DENR for the management and operations of the TNBA. Pursuant thereto, the P ASu shall have the following duties and responsibilities: \ ; (a) Prepare the management plan, in consultatiofi. 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 LG Us' plans and programs; (c) Provide secretariat services to the P AMB and its committees and ensure the availability of relevant and timely information for decision-making; (d) Formulate and recommend to the P AMB proposed policies, rules, regulations, and programs; (e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making; ... 11 (fJ 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; 'I (g) Monitor, evaluate, and report the implementation of ~anagement 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 activiti~s that implement the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the P AMB: Provided, That all permits for extraction of natural resources, including collection of wildlife, and its by-products or derivatives for research purposes, shall continue to be issued by relevant authorities, subject to prior clearance from the P AMB, through the P ASu, in accordance with the specific acts to be covered; G) C!)llect 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 P AMB and the DENR in accordance with existing guidelines; (k) Prepare and recommend to the P AMB, approval of the annual work and financial plans of the protected area based on the management plan; and (1) Perform such other functions as the P AMB and the DENR may assign. The P AMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the P AMB and approval of the DENR. 12 ARTICLE III PROCEEDS AND FEES SEC. 10. The Tugbo Natural Biotic Area Integrated Protected Area Fund. - There is hereby established a trust fund to be known as the Tugbo Natural Biotic Area Integrated Protected Area Fund (TNBA-IPAF) for purposes of financing projects of the TNBA and the NIP AS. All income generated from the operation of the system or the management of wild flora and fauna in the TNBA shall accrue to the TNBA-IP AF. The income shall be derived from fees from permitted sale and export of flora and fauna and other resources from the TNBA proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the TNBA, and such other fees and income derived from the operation of the TNBA. 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 prptected area and implementation !?f duly approved projects of the P AMB. The remaining twenty-five percent ' (25%) ofrevenues shall be deposited as a special account in the general fund in the National Treasury for purposes of financing the projects of the NIP AS. -I . The fund may be augmented by grants, donations, 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 NIP AS and duly approved projects endorsed by the P AMB 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 taxes and other fees not enumerated herein which they have traditionally collected, such as business permits, property tax and1rentals of LG Us' facilities. l ' i 13 ARTICLE IV TRANSITORY AND MISCELLANEOUS PROVISIONS SEC. 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. ,, SEC. 12. Suppletory Application of the NIPAS Law. The provisions of Republic Act No. 7586, as ~ended by Republic Act No. 11038, shall have suppletory application to this Act. SEC. 13. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the Secretary of the DENR shall, in consultation with the local governments of the City of Masbate and Municipality of Mobo, the provincial government of Masbate, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act. SEC. 14. &parability 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. SEC. 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. SEC. 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, • LO JAY Q. VELASCO Spe e of the House of Representatives 14 fhis Act which originated in the House of Representatives was passed by the House of Representatives on August 3, 2021, amended by the Senate of the Philippines on January 31, 2022, and which amendments were concurred in by the House of Representatives on February 2, 2022. MYRA MARIE D. VILLARICA Secretary of the Senate Approved: UN o 2 2022 utf.md l:AW 14W Cllil ---•· without the aignatum~ttiePnsi.,\ dent., in aooordance wifb AlfWe VI, iecf,lm ff. [(1')1 .... 0-◄1bi◄4r«1 RODRIGO ROA DUTERTE President of the Philippines 0 I f