Title
Proclamation Declaring Aliwagwag Protected Landscape
Law
Proclamation No. 139
Decision Date
Apr 5, 2011
Proclamation No. 139 designates Aliwagwag as a protected landscape, including a buffer zone, under the jurisdiction of the Department of Environment and Natural Resources, ensuring the preservation and management of the area in accordance with the NIPAS Act of 1992.

Questions (PROCLAMATION NO. 139)

It was declared pursuant to R.A. 7586 (NIPAS Act of 1992), under the category of Protected Landscape, as stated in Proclamation No. 139.

It covers the Municipality of Compostela, Province of Compostela Valley, and the Municipalities of Boston and Cateel, Province of Davao Oriental, per the proclamation.

Its peripheral areas were declared as a Buffer Zone to serve as an area surrounding and protecting the protected landscape.

It is declared subject to private rights and without prejudice to the rights of indigenous peoples, referencing R.A. 8371 (IPRA), DENR Administrative Order No. 93-02, and related rules.

Existing private rights already vested are generally respected in accordance with existing laws, meaning the declaration does not automatically extinguish vested property rights.

The proclamation states it is without prejudice to IPRA rights, which means ancestral domain/land rights and related protections under IPRA must be considered.

Boundaries are described using technical descriptions and are referenced to DENR NIPAS Map No. RO-XI-4.

It states that the APL and its buffer zone shall be subject to actual ground survey and delineation by DENR.

Those existing prior to the proclamation are respected until expiration, subject to national interest.

If the areas covered are found not viable for development after assessment and/or exploration, they automatically become part of the APL.

The DENR (Department of Environment and Natural Resources) has administrative jurisdiction over the protected area and buffer zone.

They shall be managed in accordance with the provisions of the NIPAS Act of 1992 and its Implementing Rules and Regulations.

It contains an area of TEN THOUSAND FOUR HUNDRED NINETY-ONE and 33/100 (10,491.33) hectares.

The buffer zone contains an area of FOUR HUNDRED TWENTY and 06/100 (420.6) hectares.

Yes. It expressly provides that areas covered by such permits/licenses found not viable for development after assessment and/or exploration will automatically become part of the APL.

All property and private rights within the APL already existing and/or vested prior to the proclamation shall be respected in accordance with existing laws.


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