QuestionsQuestions (Republic Act No. 11688)
RA 11688 is titled the “Banao Protected Landscape Act.” It declares a parcel of land in Balbalan, Kalinga as a NIPAS protected area under the category of Protected Landscape (Banao Protected Landscape), provides for its management, and appropriates funds.
The State policy is to secure the perpetual existence of native plants and animals through declaring protected areas under the NIPAS, consistent with the Constitution’s national park provisions, and to ensure conservation, protection, management, and rehabilitation.
A “protected landscape” is an area of national significance characterized by the harmonious interaction of human, land, and water, while also providing opportunities for public enjoyment through recreation, tourism, and other economic activities.
All lands of the public domain within the coverage and scope of the BPL fall under the classification of “national park” as provided in the Constitution (Article XII, Section 3), even if the category is Protected Landscape under NIPAS.
The scope is defined by detailed boundary coordinates and bearings starting from a point marked “1,” ending back at corner 1, comprising an area of about 21,567.53 hectares, more or less.
The DENR Secretary, upon recommendation of the PAMB, may designate buffer zones. The purpose is to provide an extra layer of protection by applying restrictions to avoid or minimize harm to the protected area.
Owners must design their development with due consideration to the protected area management plan.
It includes: DENR Regional Executive Director (Chair), Governor of Kalinga, resident Senators or their representatives, district representatives or their reps, Mayors of Balbalan or reps, barangay chairpersons with jurisdiction, regional directors of DA/NEDA/DOST/PNP/DND/Tourism, three accredited NGO/PO reps, 1–3 representatives from ICC/IP recognized by NCIP, one academic rep, and one private sector rep (preferably from Kalinga).
The PAMB must be created within ninety (90) days from the effectivity of the Act, and it is chaired by the DENR Regional Executive Director for the Cordillera Administrative Region.
RA 7586 (NIPAS Act of 1992), as amended by RA 11038 (Expanded NIPAS Act of 2018), provides the governing rules for terms and removal.
Examples include: (1) overseeing management of the protected area; (2) approving policies, plans, programs, and other documents; (3) approving the management plan and ensuring harmonization with ancestral domain and land-use plans; (4) allocating financial resources and managing funds; (5) issuing rules for conflict resolution; (6) monitoring PASu performance and compliance; (7) assessing management effectiveness.
The PAMO is established to supervise day-to-day management. It is headed by a Protected Area Superintendent (PASu), who has a permanent plantilla position and is appointed by the DENR Secretary.
Examples include: preparing the management plan and annual work/financial plan and ensuring implementation; ensuring integration of protected area plans with national and LGU plans; providing secretariat services to the PAMB; formulating/recommending policies and rules; enforcing applicable laws and initiating administrative/legal actions; issuing permits/clearances in accordance with PAMB rules; and collecting fees and reporting incomes.
Permits for extraction activities, including collection for research purposes, must continue to be issued by the relevant authorities but require prior clearance from the PAMB through the PASu, following PAMB-established rules and in accordance with the specific acts covered.
It is a trust fund for financing projects of the BPL and the NIPAS. Income from wild flora and fauna operations in the BPL accrues to the fund, derived from fees from permitted sale/export of flora and fauna and other resources, proceeds from lease of multiple-use areas, contributions from industries and facilities benefiting from BPL, and other BPL-related fees/income.
The PAMB retains 75% of revenues, deposited to the Protected Area-Retained Income Account (PA-RIA) in an authorized government depository bank within the locality, for protection, maintenance, administration, and approved PAMB projects. The remaining 25% is deposited as a special account in the National Treasury for financing NIPAS programs/projects.
The fund shall not be used to cover personal services expenditures.