QuestionsQuestions (Republic Act No. 9303)
RA 9303 is known as the “Mt. Hamiguitan Range Wildlife Sanctuary Act of 2004.” It declares Mt. Hamiguitan Range and its peripheral areas as a protected area under the category of wildlife sanctuary, with peripheral areas as a buffer zone, within the NIPAS.
The State policy is that management, protection, sustainable development, and rehabilitation of protected areas must primarily ensure conservation of biological diversity, and that use/enjoyment of protected areas must be consistent with that principle.
A buffer zone is an identified area outside the boundaries and immediately adjacent to the protected area that needs special development control to avoid or minimize harm to the protected area.
DENR has supervision through the Protected Area Management Board (PAMB). Day-to-day management is performed by the Protected Area Superintendent’s Office (PASO) under the DENR Regional Executive Director (RED) and accountable to the RED and PAMB.
It is chaired by the RED of DENR Region XI and includes the Provincial Governor (or rep), provincial planning officer (or rep), mayors of the covered municipalities, all barangay captains within the sanctuary, representatives from people’s organizations/NGOs (three from the municipalities), representatives of other agencies operating within the protected area, and other stakeholders relevant to protected area protection.
The DENR Secretary has supervision and is empowered to certify that the PA Management Plan conforms to national laws, RA 9303, and pertinent DENR rules. Objections must be communicated within sixty (60) days; otherwise, the plan is considered approved.
DENR must prepare a management plan and management manual consistent with the GMPS under RA 7586 in coordination with the PAMB, concerned LGUs, and affected sectors. The PAMB approves it, and the DENR Secretary certifies conformity with national laws, RA 9303, and DENR rules.
The protected area and buffer zone become part of the National Integrated Protected Areas System (NIPAS), subject to rights provided in the Act.
Existing facilities must be inventoried and assessed by the PAMB considering their impact on the PA and biodiversity and balancing public interest and local interest. The PAMB monitors operations and recommends actions; it may impose royalties/administrative fees or adopt a profit-sharing scheme.
Ancestral lands and domain within the PA are recognized and managed pursuant to RA 8371 (IPRA), which governs ICC/ancestral domain rights.
Tenured migrants are occupants within the protected area who have actually and continuously occupied the area for five (5) years before designation and are solely dependent there for subsistence.
Tenured migrants may become stewards of portions of land within production zones designated by DENR. DENR develops an appropriate tenurial instrument; arrangements are individually/household-based by head of family with legitimate dependents.
Tenured migrants occupying portions of ancestral domain are treated separately, and the PAMB must develop mechanisms to resolve any dispute arising therein.
Such proposals are subject to an Environmental Impact Assessment (EIA) and require the Environmental Compliance Certificate (ECC) under the Philippine EIA System. No actual implementation is allowed without the ECC.
Cutting, gathering, collecting timber or other forest products without license is prohibited. Offenders who remove or possess without required authority/documents are guilty of qualified theft as defined in Articles 309 and 310 of the Revised Penal Code.
Examples include: hunting/destroying/disturbing any plant/animal without permit; dumping waste detrimental to the PA; using motorized equipment without PAMB permit; mutilating/defacing/destroying objects of natural beauty; damaging roads/trails; mineral exploration/survey of energy resources; constructing structures/enclosures/business without a permit; leaving refuse in exposed/unsanitary conditions; altering boundary markers/signs; and entry without a permit by mountain climbers/campers/spelunkers/study groups/visitors.
The Act imposes a fine (from not less than PHP 5,000 to not more than PHP 500,000, exclusive of the value of the thing damaged) and/or imprisonment (from 1 year to 6 years), as determined by the court. The court must order restoration/compensation to restore damage, and order eviction of the offender and forfeiture in favor of government of minerals, timber, species collected/removed, equipment/firearms used, or construction/improvements made.
IPAF is a trust fund for financing projects of the system. Income comes from fees for permitted sale/export of flora/fauna and other resources, proceeds from lease of multiple-use areas, contributions from industries/facilities benefiting from the PA, and other PA operation-related fees/incomes, plus grants/donations/endowments. Disbursements are for protection, maintenance, administration, and management of the system and only for duly approved projects endorsed by the PAMB; no amount is disbursed for operating expenses of DENR and other agencies.
LGUs within the PA must follow and adopt the management plan once approved. They cannot pass ordinances to amend the management plan, nor can the management plan be overturned by an ordinance. Any LGU development/project proposals inside the PA must be reviewed, evaluated, and approved by the PAMB before implementation.