Question & AnswerQ&A (Republic Act No. 9237)
The law is titled the Mount Apo Protected Area Act of 2003.
The State's policy is to secure the protection and conservation of Mount Apo's biodiversity, its indigenous peoples and communities residing there, and their culture and way of life through sustainable and participatory development.
It refers to all areas belonging to Indigenous Cultural Communities/Indigenous Peoples, including lands, inland waters, and natural resources held under a claim of ownership since time immemorial, necessary for their economic, social, and cultural welfare.
Buffer zones are areas outside and adjacent to designated protected areas that require special development and control to provide an extra layer of protection, managed according to the management plan and applicable regulations.
It covers certain parcels of lands in the municipalities of Magpet and Makilala, City of Kidapawan in Cotabato; municipalities of Bansalan and Sta. Cruz, City of Digos in Davao del Sur; and the City of Davao.
The PAMB serves as the highest policy-making body of the Mount Apo Natural Park responsible for approving policies, management plans, zoning, enforcement, and coordination among stakeholders.
The PAMB includes DENR Regional Executive Directors, provincial governors, city and municipal mayors, barangay captains, representatives of indigenous cultural communities, people's organizations, NGOs, relevant national agencies, and other stakeholders.
Penalties include fines from One hundred thousand to Five hundred thousand pesos, imprisonment from five to ten years, or both, plus restoration and rehabilitation of damages or ejectment from the area.
The Office acts as chief operating officer implementing the management plan, maintaining peace and order, enforcing rules, requiring information from visitors, confiscating illegal resources, and performing other duties as prescribed.
Tenured migrants living and cultivating land within the protected area before June 1, 1987 are eligible to become stewards of lands within buffer or multiple-use zones and may receive tenure instruments limited to cultivation and residence, transferable only to direct descendants.
It is a trust fund derived from income generated within the park such as visitor fees, permits, concessions, contributions, fines, and donations, used exclusively for protection, maintenance, administration, and management projects of the park.
No, any exploration, exploitation, or utilization of non-renewable resources within the protected area is not allowed.
Facilities with capitalization exceeding One hundred thousand pesos must submit to the PAMB their Environmental Impact Assessment or Management Plan, Environmental Compliance Certificate, and Developmental Plan, failure of which constitutes a violation.
They may act as peace officers to arrest offenders, eject obnoxious persons, demand permits, confiscate illegal products and equipment, and initiate administrative and criminal proceedings.
The DOJ shall appoint a special prosecutor to handle all cases of violations within the protected area and coordinate with the PAMB and Protected Area Superintendent for prosecution and training.