QuestionsQuestions (Republic Act No. 9494)
RA 9494 is titled the “Mimbilisan Protected Landscape Act.” It declares the Mimbilisan Watershed in Balingoan and Talisayan, Misamis Oriental as a protected area under the NIPAS category of “protected landscape.”
The State aims to protect and advance the people’s right to a balanced and healthful ecology by securing the perpetual existence of native plants and animals in the Mimbilisan Watershed through NIPAS (protected landscape), and by promoting local community participation and protection of local way of life.
RA 9494 establishes the area as a component of the National Integrated Protected Areas System (NIPAS) and vests management in a Protected Area Management Board (PAMB) under the Act’s provisions.
The Act provides boundary tie-lines and technical bearings/distances (Tie Line: Point 1 or Corner 1 on the map) and states the total area as about 660,000 square meters (66 hectares), located in Barangay Mapua, Municipality of Balingoan, Misamis Oriental.
A “protected landscape” is an area of national significance characterized by the harmonious interaction of man and land, providing opportunities for public enjoyment through recreation and tourism within the normal lifestyle and economic activity of the area.
The PAMB includes: the DENR regional executive director (chairman); mayors of Balingoan and Talisayan (or reps); barangay captains with territory inside/adjacent (or reps); DA regional director (or rep); PENRO Misamis Oriental; CENRO Gingoog City; two NGO/PO representatives (accredited, from the two municipalities); and the PPDO Misamis Oriental as ex-officio member endorsed by the governor.
Each member serves for five (5) years. Government-representing members serve according to the term of their principal unless sooner terminated.
Examples include: issuing implementing rules and regulations; establishing criteria and fees for permits; identifying the buffer zone; adopting rules of procedure (including committees); approving the management plan and overseeing the PASu; deputizing individuals for enforcement; accepting donations and exercising accountability over funds; coordinating with agencies regarding flight pattern regulation; and retaining legal counsel.
RA 9494 establishes a Protected Area Superintendent’s Office. The PASu is the chief operating officer of the DENR for the Mimbilisan Protected Landscape, accountable to the DENR RED and the PAMB.
The PASu prepares management and successor plans with relevant offices, communities, and experts; the PAMB reviews/approves and the Secretary certifies conformity with national laws; management plan revisions require prior PAMB consultation. Successor plans must be prepared two years before expiration and published with notices for comments.
Within one (1) year from effectivity, it must be put into effect. It must include period of applicability, key management issues, goals/objectives, site management strategy, major management activities (e.g., enforcement, habitat/wildlife management, infrastructure maintenance, fire/pest control), zoning, and visitor management programs.
No. Exploration for and exploitation/utilization of non-renewable resources within the PA is not allowed. Energy projects generally require an act of Congress, except renewable energy up to three (3) megawatts capacity which is exempt.
Prohibited acts include hunting, destroying, trapping, disturbing, or possessing wild flora/fauna without PAMB permit (for scientific management purposes); cutting/collecting timber/forest products without permit; possessing outside the PA wild species/products taken from the PA; mineral exploration/extraction; constructing roads/structures/fences without PAMB permit (with ancestral-domain exception); and altering/mutilating/excavating/removing/destroying/defacing boundaries, natural formations, burial grounds, religious sites, artifacts/objects of indigenous cultural communities and scenic value. Penalties include fines and imprisonment depending on the offense, plus additional consequences like eviction and forfeiture of certain property for some acts.
A buffer zone is an identified area outside the PA boundaries and immediately adjacent to it that needs special development control to avoid or minimize harm to the protected area. The PAMB identifies the buffer zone.
Zoning must give primary consideration to cultural, economic, and social practices consistent with sustainable management principles by tenured migrants and nearby communities unless detrimental to biodiversity conservation. Structures within ancestral domains used by indigenous cultural communities are exempt from the PAMB permit requirement for road/structure/enclosure construction under the prohibited acts clause, and certified customs/traditional practices of indigenous cultural communities are allowable activities over which prohibitions do not apply.
It is a trust fund for financing projects for the protected area. Income includes visitor/tourist fees, fees for permitted sale/export of flora/fauna and resources, proceeds from registration and lease of multiple-use areas/tourism concessions, contributions from industries and facilities directly benefiting the PA, and other PA-operating fees. It may also receive grants/donations/endowments. Disbursements are for PA protection/maintenance/administration/management of endorsed projects and cannot be used for personal services.
DENR must cease issuing concessions, licenses, permits, clearances, compliance documents, or any other instrument allowing exploitation/utilization of resources within the PA until the management plan is put into effect.