QuestionsQuestions (Republic Act No. 9237)
RA 9237 declares the policy of the State to secure the protection and conservation of Mt. Apo’s biodiversity and the culture and way of life of ICCs/IPs and communities residing therein, by promoting sustainable and participatory development, respecting customs and interests of legitimate inhabitants and ICCs/IPs, and fostering partnerships among government and civil society stakeholders.
Buffer zones are areas outside the boundaries of and immediately adjacent to designated protected areas under NIPAS (pursuant to Section 8 of RA 7586), needing special development and control as an extra layer of protection. In RA 9237, buffer zones are established through the Act and described by parcel boundaries subject to ground demarcation.
It defines ancestral domain/lands as areas generally belonging to ICCs/IPs, subject to property or prior rights existing and vested under RA 8371 (IPRA), comprising lands, inland waters, and natural resources held under a claim of ownership/occupation since time immemorial, including various land types and traditional access areas. This is relevant because management must respect ICC/IP rights and customs consistent with IPRA.
The Act states the park contains an area of 549,744,724.32 square meters, more or less. “Subject to ground demarcation” means the actual field survey and demarcation on the ground may refine the boundaries/location as physically marked.
It serves as the technical metes-and-bounds description of the protected area’s boundary and buffer zone boundaries, using bearings, distances, and references to monuments and natural features, to enable accurate legal identification and enforcement.
Yes. The PNOC geothermal reservation area (a parcel previously declared under Proclamation No. 853 and under PNOC administration by virtue of prior vested rights) is excluded from the park, with conditions: PNOC must assist protection and management through reforestation and preservation, and the excluded geothermal reservation automatically reverts to and forms part of the park upon cessation of PNOC operations in the excluded area.
It allows plans and activities of the PNOC geothermal project related to support facilities, back-up/new transmission lines, substations, and auxiliary support facilities to be implemented within designated buffer zones, subject to approval of the PAMB and by appropriate government agencies consistent with national energy mandates.
The Management Plan guides all activities in the Mt. Apo Natural Park to attain the objectives of the Act. It must be prepared within one (1) year from the effectivity of the Act, following the NIPAS general management planning strategy.
It is prepared by the Office of the Protected Area Superintendent (PASu) in coordination with local communities, ICCs/IPs, LGUs, appropriate DENR offices, NGOs and people’s organizations, existing operators in the park, and experts with socioeconomic, anthropological, and ecological experience.
It should include, among others: period of applicability (preferably at least 15 years); key management issues; goals and objectives; site management strategy; major management activities (enforcement, biodiversity conservation, wildlife management, sustainable use, infrastructure, fire and pest control); delineation of zones and regulated/prohibited activities (e.g., strict protection/recreational/multipurpose and buffer zones) and visitor management programs.
The Management Plan is reviewed and approved by the PAMB and certified by the Secretary as conforming with laws and regulations. It shall not be revised or modified except by prior consultation with the PAMB and in accordance with the procedure stated in the Act. If parts are inconsistent with existing laws, the Secretary certifies consistent provisions and notifies the PAMB of provisions needing modification unless adopted.
If no subsequent plan is adopted upon expiration of the initial plan, the initial management plan remains in force subject to interim modifications that may be adopted by the PAMB.
The PAMB serves as the highest policy-making body for the Mt. Apo Natural Park, with authority over highest policy decisions including approving management plans and making policy directions for protected area governance.
Key categories include: DENR Regional Executive Directors (including RED XI as PAMB Chairman); DENR RED Region XII (or permanent representative); provincial governors of North Cotabato and Davao del Sur; planning and development officers of Davao City and relevant provinces; mayors of the municipalities/cities listed; all barangay captains within the protected area; three ICC representatives (one per sub-tribe: Jangan, Ubo, Tagabawa) subject to potential increases; up to eight representatives from people’s organizations and NGOs; representatives from national government agencies operating within the area; and other stakeholders who can assist in protection, preservation, and conservation.
The Act provides that ICC representatives may increase upon determination of the existence of other sub-tribes based on an ethnographic study by an independent institution or academe validated by the NCIP.