Republic Act No. 9154: Title Policies and Objectives Title Statement of Policy
Republic Act No. 9154: Title Policies and Objectives Title Statement of Policy
Republic Act No. 9154: Title Policies and Objectives Title Statement of Policy
ARTICLE I
cdasiaonline.com
(h) "Non-Renewable Resources" shall refer to those resources found within the
MKNP, the natural replenishment rate of which is not known.
(i) "PAMB" shall refer to the Protected Area Management Board, as provided
herein.
(j) "PASu" shall refer to the Protected Area Superintendent, as provided herein.
(k) "People's Organization (PO)" shall refer to any group of people formed to
advance the interests of the sector they represent.
(l) "Protected Species" shall refer to any plant or animal declared protected under
Philippine laws. These shall include all species listed under the Convention of
International Trade of Endangered Species (CITES) and all its Annexes, the Bonn
Convention on Migratory Animals, those speci ed under the redlist categories of the
International Conservation of Nature (IUCN), or any plant or animal which the PAMB
may deem necessary for conservation and preservation in the MKNP.
(m) "Tenured Migrant" shall refer to any person who has actually and
continuously occupied an area for ve (5) years prior to its designation as part of a
protected area and is solely dependent on that area for subsistence.
SECTION 4. Declaration and Scope. Pursuant to and in accordance with the
NIPAS Act, Mt. Kanla-on in the Island of Negros is hereby declared and established as a
protected area under the category of a natural park.
aCTHDA
The boundaries of the Mt. Kanla-on Natural Park are hereby described as follows:
Beginning at a point marked "1" on the map which is marked on plan N.P.
or P.B.M. No. 4 between Negros Occidental and Negros Oriental under
Pontevedra Cadastre No. 60, B.L. Case No. 2 of Negros Oriental;
Thence,
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Thence,
CD Technologies Asia, Inc. 2016
S 61 40' W
S 61 40' W
N 19 37' E
N 09 02' E
N 20 15' E
N 17 00' E
N 24 16' E
N 01 45'W
N 33 32' E
an old corner;
N 74 15' E
N 08 16' E
N 74 16'E
N 17 04' E
S 68 37' E
N 31 51' E
N 35 52' E
N 53 28' E
N 20 46' E
N 27 51' E
N 23 18' E
N 34 12' E
N 07 37' W
N 02 57' E
N 84 47' E
N 04 29' E
277.22 m to point 2;
2,199.89 m to point 3;
49.42 m to point 4;
84.76 m to point 5;
194.68 m to point 6;
67.10 m to point 7;
141.43 m to point 8;
144.13 m to point 9;
63.25 m to point 10,
102.25 m to point 11;
147.10 m to point 12;
157.88 m to point 13;
112.39 m to point 14;
45.40 m to point 15;
283.07 m to point 16;
133.47 m to point 17;
60.50 m to point 18;
231.62 m to point 19;
134.43 m to point 20;
93.26 m to point 21;
205.86 m to point 22;
50.05 m to point 23;
231.63 m to point 24;
144.74 m to point 25;
177.03 m to point 26;
cdasiaonline.com
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CD Technologies Asia, Inc. 2016
N 50 59' E
S 01 37' W
S 26 57' W
S 10 17' W
S 89 12' E
N 76 12' E
an old corner;
N 87 15' E
an old corner;
S 35 56' E
N 00 02' E
N 22 17' W
N 83 24' W
S 66 45' W
S 55 18' W
S 48 43' W
S 76 13' W
N 69 12' W
S 26 49' W
S 65 17' W
N 82 49' W
S 03 11' E
S 40 02' W
S 61 24' W
S 35 58' W
S 18 24' W
S 45 06' W
an old corner;
N 85 12' W
an old corner;
N 65 50' W
P.L.S./B.L. on a rock;
N 46 39' W
N 20 08' W
S 58 21' W
N 49 44' W
P.L.S./B.L. on a rock;
N 41 34' E
N 18 58' E
N 09 04' W
N 54 15' E
N 61 56' W
P.L.S./B.L.;
N 35 16' E
P.L.S./B.L.;
S 84 33' W
P.L.S./B.L.;
S 58 26' W
N 67 46' W
N 09 35' E
N 00 30' W
N 35 07' E
N 22 11' E
Thence,
Thence,
N
N 02
31 09'
51' E
E
65.80
95.29 m
m to
to point
point 71;
72,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
N 00 58' W
N 59 17'W
N 82 46' W
N 18 49' E
N 86 30' W
S 59 01' W
intersection;
S 40 00' W
S 50 00' W
S 63 18' W
S 79 10' W
S 54 02' W
S 09 27'W
S 14 28' W
S 03 34' E
S 52 01' W
S 26 26' W
S 14 09' W
N 13 52' W
N 17 37' E
N 05 28' E
N 18 56'W
N 03 41' E
N 47 08' E
B.L. on a concrete
monument;
N 31 03' W
S 78 39' W
B.L. on a concrete
monument;
S 2454' W
S 41 23' W
a monument;
S 42 55' W
N 67 40' W
S 82 04' W
N 30 12' W
N 47 23' E
N 81 03' W
P.L.S./B.L. on a rock:
N 18 01' E
P.L.S./B.L. on a rock;
N 60 39' E
a monument:
S 69 40' E
P.L.S./B.L.:
N 48 52' E
a monument:
N 67 52'W
a monument;
N 58 06' E
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CD Technologies Asia, Inc. 2016
Thence,
Thence,
P.L.S./B.L.;
S 72 25' W
N 29 39' W
Thence,
N 64 57' W
a monument:
N 1453' W
a monument;
S 43 33' W
N 85 57' W
a monument;
N 79 10' W
N 45 44' W
a monument;
N 06 22' W
S 83 53' W
S 82 52' W
M.B.M. #12.
S 71 45' W
N 72 33' W
N 50 31' E
P.L.S./B.L.;
S 87 59' E
N 28 05' E
P.L.S./B.L.;
N 53 46' E
N 61 22' E
P.L.S./B.L. on a rock;
S 74 14' E
N 54 21' E
N 8640' W
P.L.S./B.L.;
S 60 00' W
P.L.S./B.L. on a rock;
N 16 20' W
N 16 20' W
Thence,
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Thence,
CD Technologies Asia, Inc. 2016
N 58 17' E
N 41 33' E
N 15 03' E
P.L.S./B.L.;
N 89 26' W
N 76 17' W
P.L.S ./B.L.;
N 88 04' W
P.L.S./B.L.;
S 47 18' W
P.L.S./B.L. on a rock;
S 15 35' W
P.L.S./B.L.;
N 29 33' W
N 17 48' W
South of Najalin River;
N 00 43' W
N 61 17' E
point 134;
point 135,
point 136;
point 137;
point 138;
Thence,
Thence,
Thence,
S 71 05' E
N 81 58' E
N 5414' E
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N 52 34' E
N 65 26' E
S 75 55' E
S 29 06' E
N 88 26' E
N 12 59' W
N 11 40' W
N 44 41' E
S 83 12' E
N 62 30' E
N 62 07' E
N 80 35' E
N 88 20' E
N 79 35' E
N 03 45' E
N 06 24' E
N 21 24' W
N 42 02' W
N 65 20' E
N 39 33' E
N 87 50' EP.L.S./B.L.;
N 30 24' E
S 63 17' W
P.L.S./B.L.;
N 41 11' W
N 11 40'W
S 85 40' W
P.L.S./B.L.;
N 27 46' E
P.L.S./B.L.;
N 67 26' W
N 40 20' E
N 45 23' E
S 49 25' E
N 62 08' E
a rock;
S 70 32' E
P.L.S./B.L.;
S 50 31' E
S 82 32' E
P.L.S./B.L.;
S 60 48' E
a rock;
N 45 43' E
N 81 36' E
N 72 50' E
a rock;
S 03 43' W
S 43 36' E
Thence,
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CD Technologies Asia, Inc. 2016
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CD Technologies Asia, Inc. 2016
P.L.S./B.L.;
S 76 00' E
P.L.S./B.L.;
S 85 19' E
S 85 19' E
S 81 24' E
P.L.S./B.L.;
N 06 18' E
P.L.S./B.L.;
N 38 19' W
S 21 42' E
N 82 54' W
N 27 19' E
N 27 19' E
N 63 16' W
N 41 29' W
N 53 14' E
N 62 03' E
N 05 12' E
N 10 17' E
N 22 25' E
N 75 47' E
N 18 33'E
N 56 48' W
N 44 55' W
N 13 12' W
N 43 30' E
N 76 53' E
N 66 29' E
S 71 26' 59" E
N 18 30' 00.110" W
N 87 28' 58" E
N 27 37' 59" E
S 60 16' 01" E
N 29 08' 59" E
N 60 51' 01" W
S 57 18' 06" W
N 21 23' 0" E
N 26 49' W
N 81 56' W
S 82 20' W
S 80 48' W
N 68 01' W
N 48 39' W
N 40 53' W
N 73 54' W
N 16 54' W
N 06 09' W
N 25 21' W
N 29 51'W
N 60 19' W
N 46 26' W
N 56 47' W
N 63 56' W
Thence,
Thence,
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N 35 46' W
N 62 52' W
N 57 13' W
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S 12 12' W
S 37 45' W
S 13 57' W
S 04 11' E
N 22 48' W
N 16 53' W
N 07 27' W
S 52 25' W
N 40 26' W
N 36 17' E
S 72 00' W
N 44 09' W
S 71 01' W
N 22 09' W
N 37 17' W
S 82 53' W
N 36 36' W
N 74 12' W
N 23 21' W
N 64 59' W
N 31 22' W
N 05 04' W
N 31 40' W
N 51 42' W
N 40 55' W
N 25 24' E
N 80 15' N
S 81 14' W
N 40 40' W
N 59 40' W
S 67 47' W
N 82 44' W
N 26 30' W
N, 68 13' W
S 46 36' W
S 55 44' W
S 88 22' W
N 46 45' W
S 49 14' W
N 57 07' W
S 52 18' W
S 34 02' W
S 79 08' W
N 85 30' W
N 54 33' W
S 45 33' W
S 71 20' W
N 80 44' W
N 18 10' E
N 49 00' E
cdasiaonline.com
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N
N
N
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N 05 09' W
N 43 07' W
N 33 15'W
N 25 55' W
S 48 23' W
S 89 38' W
N 22 14' W
N 60 37' E
S 86 40' E
N 76 47' E
S 63 25' E
N 11 41' E
S 34 24' E
S 55 32' E
S 16 04' E
S 46 29' E
S 60 04' E
S 06 07' E
S 07 14' E
S 49 55' W
S 17 42' E
S 34 29' E
S 64 05' E
N 75 49' E
S 75 58' E
S 75 56' E
S 73 52' E
S 14 24' E
S 25 22' E
S 23 08' W
S 53 05' E
S 69 55' E
S 84 41' E
S 40 39'W
N 59 26' E
N 54 24' W
N 29 59'W
N 57 51' E
N 13 41' E
N 01 00' W
N 15 03' W
N 24 58' W
N 24 58' W
N 02 11' W
N 12 05' W
N 42 43' W
N 28 14' W
S 50 27' W
N 18 34'W
23
01
27
49
00' E
47' W
26'W
31' W
41.06
28.83
56.84
40.40
m to
m to
m to
m to
point 295;
point 296;
point 297;
point 298;
Thence,
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Thence,
N
N
N
N
N
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S 15 29' W
N 27 27' W
N 53 45' W
N 05 40' W
N 51 00' W
N 12 25' W
N 41 49' W
N 15 36' E
N 2349' W
N 33 47' W
N 15 07' W
N 16 26' E
N 2539' W
N 42 14' E
N 00 17' W
N 47 39' E
N 88 50' E
S 78 38' E
N 46 36' E
N 49 06' E
N 73 46' E
N. 25 21' E
N 19 31' E
N 67 22' W
N 87 36' W
S 75 32' W
N 32 07' W
S 78 59' W
N 44 52'W
N 23 16' W
N 38 04' W
N 60 03' W
N 30 15' W
N 29 08' E
N 10 08' E
N 58 04' W
N 59 25' W
N 82 26' E
N 82 26' E
N 38 33' E
N 64 13' E
S 46 56' E
S 07 28' E
S 11 54' E
S 45 34' E
S 36 48' E
S 83 15' E
S 11 58' E
23
52
72
36
55
02'
36' W
W
55' W
17' W
14' W
23.82
17.74
27.78
30.16
62.33
m
m to
to
m to
m to
m to
point
point 348;
349;
point 350;
point 351;
point 352;
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CD Technologies Asia, Inc. 2016
S 48
57.51
76 21'
38' E
211.24mmtotopoint
point401;
402;
N 60 06' E
228.22 m to point 403;
N 53 27' E
93.78 m to point 404;
N 30 13' W
35.60 m to point 405;
N 04 02' E
246.29 m to point 406;
Due West,
117.32 m to point 407;
N 22 29' W
90.88 m to point 408;
N 00 39' E
43.98 m to point 409;
N 07 27' E
183.76 m to point 410;
S 65 47' E
15.80 m to point 411;
N 51 04' W
29.44 m to point 412;
N 14 53' E
100.90 m to point 413;
N 33 16' E
145.92 m to point 414;
N 14 13' E
60.02 m to point 415;
N 36 13' E
114.80 m to point 416;
N 22 52' W
195.33 m to point 417;
N 21 51' E
136.62 m to point 418;
N 72 46' E
52.00 m to point 419;
N 13 59' W
2,165.35 m to point 420;
N 68 04' E
103.20 m to point 421;
S 56 09' E
89.90 m to point 422;
S 45 08' E
90.78 m to point 423;
S 77 53' E
39.47 m to point 424;
N 79 11' E
229.41 m to point 425;
N 72 45' E
232.40 m to point 426;
N 62 03' E
188.02 m to point 497;
N 83 43' E
410.38 m to point 428;
N 18 53' W
83.05 m to point 429;
N 12 39' E
423.74 m to point 430;
S 54 21' E
77.10 m to point 431;
N 37 45' E
173.24 m to point 432;
a monument P.L.S./B.L.;
S 67 13' E
141.34 m to point 433;
a monument P.L.S./B.L.;
S 32 35' E
393.63 m to point 434;
S 17 15' E
258.40 m to point 435;
S 82 09' E
61.19 m to point 436;
N 79 59' E
103.20 m to point 437;
N 56 29' E
202.02 m to point 438;
S 67 31' E
287.80 m to point 439;
S 16 03' E
251.10 m to point 440;
S 38 38' E
145.14 m to point 441;
N 85 25' E
303.58 m to point 442;
S 56 49' E
322.22 m to point 443;
N 86 19' E
141.17 m to point 444;
N 27 31' E
84.16 m to point 445;
N 79 21' E
432.26 m to point 446;
S 41 52' E
726.22 m to point 447;
S 44 30' E
69.15 m to point 448;
S 73 59' E
546.59 m to point 449;
S 47 11' E
190.22 m to point 450;
S 74 08' E
373.59 m to point 451;
N 71 36' E
333.89 m to point 452;
cdasiaonline.com
Thence,
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CD Technologies Asia, Inc. 2016
S 51 26' E
342.17 m to point 453;
S 29 48' E
84.26 m to point 454;
S 84 27' E
19.50 m to point 455;
S 66 39' E
144.25 m to point 456;
S 34 22' E
24.11 m to point 457;
S 42 28' E
396.70 m to point 458;
S 73 24' E
97.59 m to point 459;
N 89 40' E
276.16 m to point 460;
S 14 57' E
247.08 m to point 461;
S 37 22' W
176.34 m to point 462;
S 27 53' W
144.99 m to point 463;
N 60 30' E
152.79 m to point 464;
N 89 07' E
271.35 m to point 465,
P.L.S./B.L. on a big rock;
S 72 22' E
89.07 m to point 466;
S 84 00' E
638.13 m to point 467,
a monument;
N 39 00' W
8.74 m to point 468,
a monument;
S 45 09' E
149.32 m to point 469;
N 04 54' W
312.58 m to point 470;
N 49 12' E
31.73 m to point 471,
"X" mark on a rock;
N 29 32' E
38.40 m to point 472;
N 54 37' E
265.82 m to point 473;
S 70 57' E
15.71 m to point 474;
S 80 51' E
233.18 m to point 475;
S 25 29' E
342.09 m to point 476,
a monument;
S 44 12' E
368.42 m to point 477,
a monument;
S 44 35' E
9.69 m to point 478,
a monument;
S 48 39' E
370.93 m to point 479,
a monument;
N 63 22' E
645.23 m to point 480;
N 72 23' E
225.24 m to point 481;
N 69 17' E
151.20 m to point 482,
a monument;
S 87 28' E
9.97 m to point 483;
N 84 29' E
71.83 m to point 484;
S 64 30' E
125.85 m to point 485;
S 69 26' W
62.20 m to point 486;
S 73 01' E
442.53 m to point 487;
S 00 16' W
126.46 m to point 488,
a monument;
S 35 51' W
58.20 m to point 489;
S 17 27'W
319.46 m to point 490;
S 32 41' E
77.60 m to point 491;
S 57 36' E
234.27 m to point 492;
N 81 30' E
89.61 m to point 493;
S 89 01' E
202.15 m to point 494,
P.L.S./B.L. on a big rock;
S 81 33' E
257.16 m to point 495;
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Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
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S 30 35' E
a monument;
S 38 02' E
S 84 32' E
S 78 52' E
S 47 56' E
S 28 03' E
S 66 00' E
S 66 56' E
S 09 32' E
a monument M.C./F.Z.
No. 2;
S 87 33' W
S 87 33' W
a monument M.C./F.Z.
No. 3;
S 00 31' W
a monument M.C./F.Z.
No. 4;
S 34 201 W
a point along Lairanan
River;
Due West upstream
of Lairanan River;
Due West upstream
of Lairanan River;
S 11 00' W
S 11 00' W
S 08 00' W
S 30 00' W
S 26 08' W
Southwest upstream
of Magalao Creek
S 67 00' E
S 30 00' W
S 76 00' W
S 20 00' W
S 02 00' E
S 43 00' W
S 21 00' W
S 33 00' W
S 14 00' W
S 34 00' E
N 63 43' W
N 61 25' W
N 60 08' W
N 44 50' W
S 69 26' W
N 74 47' W
S 67 00' E
N 60 48' W
N 68 04'W
N 22 22'W
m to
m to
m to
m to
m to
m to
point 511;
point 512;
point 513;
point 514;
point 515;
point 516;
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
S
S
S
S
S
S
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
S 22 20' E
S 54 56' E
S 05 57' W
S 02 32' W
S 18 09' E
S 21 39' W
S 42 03' E
S 33 45' E
S 15 16' W
S 42 26' E
S 57 45' E
N 49 48' E
N 64 05' E
S 25 32' E
S 57 48' E
S 55 11' E
S 64 21' W
M.C./F.Z.;
S 30 37' W
M.C./F.Z. No. 8;
S 36 59' E
S 61 35' W
Thence,
Thence,
Thence,
86
18
36
41
31
12
59' W
33'W
15' W
24' E
21' E
56' E
creek;
creek;
creek;
creek;
point of beginning at plan NP or P.B.M. No. 4 between Negros Occidental and Negros
Oriental recorded in Pontevedra Cadastre No. 60, B.L. Case No. 2, Negros Oriental,
containing an approximate total land area of 24,388 hectares.
SATDEI
N 00 10' 00.061" E
S 87 26' 00.162" E
N 17 09' 59.953" W
N 21 05' 00.265" E
N 65 20' 59.849" W
N 48 20' 59.842" E
N 33 07' 00.409" E
S 21 32' 59.909" E
N 56 38' 59.926" E
N 32 51' 59.773" W
N 71 59' 59.632" E
N 71 20' 00.116" E
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
Thence,
N 13 36' 59.826" W
N 58 32' 52.757" E
S 88 55' 58.078" E
S 75 03' 03.400" E
S 63 08' 01.688" E
N 80 52' 00.810" E
N 73 59' 00.477" E
N 36 49' 58.981" E
N 21 22' 59.083" E
N 57 18' 05.766" E
S 60 51' 00.585" E
S 29 08' 58.590" W
N 60 16' 00.976" W
S 27 37' 59.013" W
S 87 28' 57.536" W
S 18 30' 00.110" E
N 71 26' 59.347" W
of beginning; containing an area of one hundred sixty-nine (169) hectares, more or less.
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representatives and four (4) representatives from concerned LGUs: Provided, That the
PAMB representatives shall not come from any of the involved LGUs. The Management
Plan shall be consistent with the nature of the MKNP as a protected area under the
category of a natural park.
Within one (1) year from the effectivity of this Act, the PASu shall prepare the
Management Plan in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act in coordination with the appropriate of ces of the DENR,
local communities, and experts who may offer their services. It shall contain, among
others, the following:
(a) A period of applicability for thirty (30) years subject to periodic review every
five (5) years;
(b) Key management issues;
(c) Goals and objectives of management in support of Section 2 hereof;
(d) Site management strategies;
(e) Zoning in accordance with Section 9 hereof;
(f) Management programs to include enforcement of laws, habitat and wildlife
management, ecotourism, sustainable use management, infrastructure
development and maintenance, fire prevention and pest control;
DSHcTC
(g) Mechanisms for protection of ICCs/IPs and tenured migrants in the exercise
of their rights;
(h) Sustainable and non-destructive livelihood activities;
(i) Regulations in furtherance of the preservation and conservation objectives of
the MKNP as a protected area such as the issuance of permits, resourceuse restrictions, among others;
The Management Plan shall be reviewed and adopted by the PAMB and certi ed
to by the DENR Secretary that it conforms to all laws, rules, and regulations issued by
the DENR.
The Management Plan shall not be revised nor modi ed without prior
consultation with the PAMB and must be in accordance with the procedure herein set
forth.
The Management Plan shall be periodically reviewed and shall be updated every
five (5) years pursuant to the NIPAS Act.
A year before the expiration of the current Management Plan, the PASu shall
cause the publication of notices for comments and suggestions on the successor plan
in a newspaper of local circulation and the posting of such notices in the provincial,
municipal and barangay halls of the local government units comprising the MKNP, and
in three (3) other conspicuous areas frequented by the public within the MKNP. Two
public hearings on the same calendar year shall be conducted on the successor plan.
The proposed Management Plan shall be made available for public perusal at the Of ce
of the PASu.
The Management Plan shall be prepared in English, Tagalog, Ilonggo, and
Cebuano, plainly written, and available for public perusal at the office of the PASu.
SECTION 9. Zoning . Zones shall be established within the MKNP giving primary
consideration to its protection and conservation. Zoning shall also take into account
the tenurial and livelihood concerns of communities to ensure the ef cient protection
of habitats, fragile ecosystems, and unique areas.
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ARTICLE III
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(C) Except for government of cials who shall serve ex of cio , every PAMB
member shall serve for a term of ve (5) years: Provided, That he/she remains
connected with the sector he/she is supposed to represent: Provided, further, That the
term of of ce of an NGO/PO representative in the PAMB shall be coterminous with the
duration or existence of the organization's projects within the MKNP. Whenever a
vacancy occurs during the term of a nongovernment PAMB member, a new member
shall be chosen in the same manner as the original selection process: Provided, That
he/she shall only serve for the remaining term.
(D) The PAMB en banc shall hold regular meetings at least once a year. The
PAMB Execom shall hold regular meetings at least once every trimester. Special
meetings may be called upon proper notice as the need arises.
(E) PAMB members shall be entitled to reimbursement of actual travelling
expenses incurred in attending the meetings of the PAMB or its committees subject to
existing accounting and budgeting rules and regulations. These expenses shall be
included in the MKNP budget.
SECTION 11. Functions of the PAMB . The PAMB shall decide by a majority
vote and shall have the following powers and functions:
(a) Issue all rules and regulations to prohibit and regulate acts that may be
prejudicial to the MKNP pursuant to the policy declarations herein set
forth;
(b) Issue all necessary permits within the MKNP in accordance with the
Management Plan and pertinent laws and DENR forestry and
environmental rules and regulations;
ECDAcS
(c) Recommend to the DENR Secretary the criteria on fees for the issuance of
permits for activities regulated by this Act or the Management Plan;
(d) Evaluate and approve project or program proposals to be implemented
within the MKNP;
(e) Adopt rules of procedure for the conduct of business, including the creation
of committees to whom its powers may be delegated;
(f) Approve the Management Plan and oversee the Office of the PASu;
(g) Deputize through the PASu, interested individuals for the enforcement of the
laws, rules and regulations governing conduct within the MKNP and
prescribe the necessary qualifications therefor:
(h) Accept donations, approve proposals for funding, budget allocations and
exercise accountability over all funds that may accrue to the MKNP;
(i) Coordinate with appropriate agencies of the government, such as the
regulation of flight patterns of aircraft going over the area in terms of
altitudinal limits and emissions; and
(j) Retain legal counsel, either on a permanent or temporary basis, to defend
cases against the PAMB, the PASu staff and deputized individuals
whenever they are sued in connection with the performance of their duties
under this Act, and to assist in other PAMB legal matters.
The DENR, through the RED of Region VI, shall ensure that the PAMB acts within
the scope of its powers and functions. In case of con ict between administrative
orders issued by the DENR pursuant to the NIPAS Act and the rules and regulations or
resolutions issued by the PAMB, the DENR Secretary shall decide whether to apply the
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IEDaAc
(b) Serve as head of the Secretariat for the PAMB with the duty to provide the
PAMB with all the information necessary for it to make appropriate
decisions;
(c) Hire and supervise the necessary personnel to support operations which shall
be included in the annual budget of the DENR;
(d) Establish a productive partnership with the local community, including groups
interested in the achievement of the goals and objectives of the MKNP,
and in the planning, protection and management thereof;
(e) Develop and implement a park information, education and visitor programs;
(f) Enforce laws, rules and regulations relevant to the MKNP and assist in the
prosecution of offenses;
(g) Monitor all activities within the MKNP for conformity with the Management
Plan; and
(h) Perform such other functions as the PAMB may assign.
ARTICLE IV
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Occupants who do not qualify as tenured migrants but have been occupying
areas of the park prior to the enactment of this Act shall be relocated to the multipleuse areas or available alienable and disposable (A and D) lands of the public domain
that are proximal to their original abode. Occupants who shall be relocated within the
multiple-use zones shall qualify for usufruct use while those relocated to A and D areas
may apply for ownership titles. Park occupants shall be given priority in the
government's relocation programs.
ARTICLE V
Prohibited Acts
SECTION 15. Prohibited Acts. The following shall be the prohibitions and
penalties applicable within the MKNP:
(A) A fine of not less than Five thousand pesos (P5,000.00) but not more than
Five hundred thousand pesos (P500,000.00) and imprisonment of not less
than six (6) years and one (1) day but not more than twelve (12) years shall
be imposed upon any person who:
(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within
the MKNP any wild plant or animal or product derived therefrom
without prior PAMB permit.
(2) Possesses without a permit from PAMB any wild plant or animal or
product derived therefrom outside the MKNP or any zone of MKNP
where the specie is not endemic.
(3) Cuts, gathers, collects or removes timber or other forest products as
well as undertakes any activity not compatible with the use of the
respective zones within the MKNP without prior PAMB permit:
Provided, That any permit issued shall be valid for only one (1)
month from the date of issue either to tenured migrants within
sustainable monitored and controlled quotas or for scientific
purposes necessary for protected area management in accordance
with existing guidelines, and outside the strict protection zones.
(4) Establishes or introduces exotic species within the MKNP with
allelopathic effect or those detrimental to endemic species, or
without prior PAMB permit.
(5) Engages in kaingin or in any activity that causes forest fire inside the
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MKNP.
HTCAED
(B) A fine of not less than Five thousand pesos (P5,000.00) but not more than
Two hundred fifty thousand pesos (P250,000.00) and/or imprisonment of
not less than six (6) months but not more than six (6) years and the
restoration and rehabilitation of the damage shall be imposed upon any
person who:
(1) Violates the Management Plan, or any resolution issued by the PAMB.
(2) Vandalizes, mutilates, transports, destroys, excavates or in any manner
intentionally damages any natural formation or object of natural
beauty inside the MKNP, or the burial or religious sites including
artifacts and other objects belonging to ICCs/IPs.
(3) Dumps, burns or otherwise disposes of any substance deleterious to
the ecosystem, plants and animals, or human inhabitants in the
protected area or committing the same in buffer and multiple use
areas without appropriate authority or permit.
(4) Uses or possesses a motorized equipment anywhere within the Strict
Protection Zone of the MKNP without a prior permit from the PAMB.
(5) Uses or possesses chainsaws and band saws without prior PAMB
permit; Provided, That permits may only be issued for multiple-use
zones.
(6) Grazing or raising of poultry and other livestock for commercial
purpose within the MKNP: Provided, That existing grazing or poultry
and other livestock farms within the MKNP shall be phased out
within five (5) years.
(7) Damaging or leaving roads and trails in damaged condition.
(8) Occupies any portion of land inside the MKNP without a prior PAMB
permit. Clearing, construction of residence or any introduction of
improvements shall constitute prima facie evidence of occupation
or settlement.
(9) Altering, removing, destroying or defacing boundaries, marks or signs.
(10) Constructs and maintains a building, edifice or any kind of structure or
conducts any business enterprise within the MKNP without prior
PAMB permit.
cDAISC
(11) Enters the MKNP without prior PAMB permit for purposes of trekking,
mountain climbing, camping, spelunking, and the like.
(12) Conducts bioprospecting within the MKNP without prior PAMB
permit in violation of existing guidelines.
(13) Engages in treasure hunting within the MKNP
(C) A fine of not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (P500,000.00) and/or
imprisonment of not less than six (6) months but not more than six (6)
years shall be imposed upon any public officer, or officer of law, who, in
dereliction of the duties of his office shall maliciously refrain from
instituting prosecution for the punishment of violators of the law, or shall
tolerate the commission of offenses. Conviction of this offense shall also
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(E) A conviction under this Section shall likewise carry the penalty of eviction
from the MKNP, payment of damages for rehabilitation and restoration,
and the forfeiture of all equipment, device weapon/s used in the
commission of the offense as well as the protected area resources caught
in the possession of the accused. In case the offender is not a citizen of
the Philippines, he/she shall be immediately deported to his/her country of
origin after service of his/her sentence. If the offender is an association or
corporation, the president or manager shall be directly responsible for the
act of his/her employees and laborers.
(F) The PASu or his/her duly deputized personnel may arrest even without a
warrant any person who has committed or is committing in his/her
presence any of the offenses defined in this Section. He/she may also
seize and confiscate in favor of the Government, the tools and equipment
used in committing the offense and the resources caught in the
possession of the offender and file the necessary charges therefor:
Provided, That the DENR may impose administrative fines and penalties in
accordance with law.
(G) In case of conviction, the penalty consisting of fines and damages shall
directly accrue to the IPAF as provided herein.
SECTION 16. 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 MKNP shall be assigned. 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.
ARTICLE VI
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ARTICLE VII
Existing Facilities
SECTION 18. Existing Facilities within the MKNP. Within ninety (90) days from
the effectivity of this Act, all commercial facilities existing within the boundaries of the
MKNP with a total capitalization of not less than One hundred thousand pesos
(P100,000.00) shall submit to the PAMB through the PASu a sworn statement
containing the following information:
(a) Potential for disturbance of protected species and their habitats,
reproductive cycles, nesting and feeding grounds and migratory paths;
(b) Noise levels at all stages of operation;
(c) Emissions and effluent at all stages of operation;
(d) Energy requirements and sources of energy;
(e) Water supply requirements and sources of water;
(f) Volume of resources extracted from the MKNP;
(g) Future plans for the next five (5) years.
Based on these submissions, the PAMB, with the assistance of the DENR, shall
determine whether the existence of such facility and its future plan and operation will
be detrimental to the MKNP.
Failure to submit the required information shall constitute a violation of this Act
and subject to the penalties imposed under Section 15(B) hereof. The PAMB may
prescribe further conditions for the operation of the facility to ensure that it does not
contradict the management objectives of the MKNP. Without prejudice to the ling of
the necessary case under Section 15(B)(1) hereof, if any of such conditions are
violated, an administrative ne of Five thousand pesos (P5,000.00) for every day of
violation shall be imposed upon the owners of said facility but not to exceed a total of
Five hundred thousand pesos (P500,000.00). At anytime whenever necessary, the
PAMB, through the PASu or other government entities, shall cause the cessation and
demolition of the facility at the cost of its owners.
Existing facilities that rely heavily on resources within the MKNP which are
allowed to remain within the MKNP may be charged reasonable fees or subject to
reasonable conditions by the PAMB. All incomes derived from such fees shall accrue to
the IPAF.
TIaDHE
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ARTICLE VIII
Utilization of Resources
SECTION 19. Utilization of Resources. Except for protected species or
whenever detrimental to the ecosystem, use of resources derived from the MKNP by
tenured migrants and ICCs/IPs for their domestic needs or for their subsistence shall
not be restricted.
Livelihood activities requiring the use of resources derived from the MKNP shall
be allowed only when sustainable consistent with the Management Plan and only upon
prior PAMB approval. Only non-timber products can be used for livelihood purposes.
No exploration, exploitation or utilization of non-renewable resources within the
MKNP for commercial purposes or by non-tenured migrants or non-ICCs/IPs shall be
allowed. Commercial utilization of resources by tenured migrants and ICCs/IPs shall be
allowed only upon prior PAMB approval and in accordance with the Management Plan.
Commercial exploitation of water resources within the MKNP shall require prior
PAMB approval, must be in accordance with the Management Plan and should undergo
the Environmental Impact Statement (EIS) System.
ARTICLE IX
Transitory and Miscellaneous Provisions
SECTION 20. 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 Integrated Protected Areas Fund authorized under Section 17 hereof and from the
appropriations authorized under the annual General Appropriations Act.
SECTION 21. Construction. The provisions of this Act shall be construed
liberally in favor of tenured migrants and ICCs/IPs and with due consideration to the
protection of biodiversity. The NIPAS Act shall be suppletory in the implementation of
this Act.
SECTION 22. Separability Clause. If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof.
SECTION 23. Transitory Provisions . Pending the organization of a new PAMB
in accordance with this Act, the incumbent PAMB members shall continue to hold
of ce until a new PAMB has been convened within three (3) months from the effectivity
of this Act. The current staff comprising the PASu Of ce shall be retained in the Of ce
of the PASu created herein.
Within three (3) months from the effectivity of this Act, the DENR in coordination
with the PAMB, the Committee on Natural Resources of the House of Representatives,
the Senate Committee on Environment and Natural Resources, and the concerned
district representatives or their representatives shall undertake the preparation of the
Implementing Rules and Regulations of this Act.
TEaADS
SECTION 24. Repealing Clause. All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.
EcATDH
SECTION 25. Effectivity Clause. This Act shall be translated in English, Filipino,
Cebuano, and Ilonggo and shall be published once every week for three (3) consecutive
weeks in a newspaper of general circulation which is readily available in the areas in and
around the MKNP. This Act shall likewise be simultaneously posted in the appropriate
language in a conspicuous place in the provincial, municipal and barangay halls within
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the area as well as in three (3) other places frequented by the public. Fifteen (15) days
after the last publication and posting, this Act shall have full force and effect.
* Lapsed into law on August 11, 2001, without the signature of the President, in
accordance with Article VI, Section 27(1) of the Constitution.
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