Banao Protected Landscape Act

Policy, purpose, and governing principles

The State must secure for Filipinos, for present and future generations, the perpetual existence of all native plants and animals by declaring protected areas under the National Integrated Protected Areas System (NIPAS) (Section 2).
The State recognizes that human activities profoundly impact all components of the natural environment and adopts protected-area governance to address this (Section 2).
A parcel of land in Balbalan, Kalinga is declared the Banao Protected Landscape (BPL) and is to be conserved, protected, managed, and rehabilitated (Section 2).
The State recognizes the biological resources (native and distinct flora and fauna) and their aesthetic and ecological importance in Balbalasang-Balbalan National Park (Section 2).
Effective administration of the BPL requires cooperation among national government, LGUs, concerned NGOs, private entities, and local communities (Section 2).
Use and enjoyment of the BPL must be consistent with biological diversity and sustainable development principles (Section 2).
The State must ensure full implementation of the Act, mobilize resources for the institutional mechanisms established in it, and provide full scientific and technical support for conservation of biodiversity and ecosystem integrity, culture, and indigenous practices (Section 2).

Key definitions for the BPL Act

Buffer zones are identified areas outside the BPL boundaries and immediately adjacent to designated protected areas requiring special development control to avoid or minimize harm (Section 3[a]).
Conservation includes preservation and sustainable utilization of wildlife and maintenance, restoration, and enhancement of habitats (Section 3[b]).
Indigenous cultural communities/Indigenous peoples (ICC/IPs) are groups sharing common bonds of language, customs, traditions, and distinctive cultural traits, who have since time immemorial occupied, possessed, and utilized a territory (Section 3[c]).
National park refers to land of the public domain classified as such in the Constitution, including areas under NIPAS primarily designated for conservation of native plants and animals, their associated habitats, and cultural diversity (Section 3[d]).
Protected area is an identified portion of land and water set aside due to unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation (Section 3[e]).
Protected landscape is an area of national significance characterized by harmonious interaction of human, land, and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities (Section 3[f]).
Tenured migrants are protected area occupants who have been actually, continuously, and presently occupying part of the protected area for five (5) years before the proclamation or law establishing it as a protected area and who are solely dependent therein for subsistence (Section 3[g]).

Classification and area coverage

The BPL is a parcel of public domain located in the Municipality of Balbalan, Province of Kalinga (Section 4).
All land of the public domain within the BPL’s coverage and scope falls under the classification of national park under Articles XII, Section 3 of the Constitution (Section 4).
The BPL’s boundaries are defined by a metes-and-bounds description starting at a point marked “1” and ending back at corner 1, comprising twenty-one thousand five hundred sixty-seven and 53/100 (21,567.53) hectares more or less (Section 5).
The starting point is identified with map coordinates and geographic coordinates located at Barangay Pantikian, Municipality of Balbalan, Province of Kalinga (Section 5).
The Act fixes the BPL area solely by its detailed coordinate and distance listing and the named corners (Section 5).

Buffer zones and special development control

The Secretary of the Department of Environment and Natural Resources (DENR) may designate areas surrounding the BPL as buffer zones to provide extra protection where restrictions may be applied (Section 6).
Buffer zone designation is made upon the recommendation of the Protected Area Management Board (PAMB) (Section 6).
Where a designated buffer zone would cover private lands, the owners must design their development with due consideration to the protected area management plan (Section 6).

Protected Area Management Board (PAMB)

A Protected Area Management Board (PAMB) must be created to oversee management of the BPL within ninety (90) days from the Act’s effectivity (Section 7).
The PAMB is chaired by the DENR Regional Executive Director for the Cordillera Administrative Region (Section 7(a)).
The PAMB includes the Governor of Kalinga or a duly authorized representative (Section 7(b)).
The PAMB includes Senators registered residents of Kalinga or their designated representatives unless the Senators decline membership (Section 7(c)).
The PAMB includes District Representatives of the congressional districts where the BPL is located or their designated representatives unless the District Representatives decline membership (Section 7(d)).
The PAMB includes the Mayors of the Municipality of Balbalan or their duly authorized representatives (Section 7(e)).
The PAMB includes the Chairpersons of all barangays with territorial jurisdiction over the BPL (Section 7(f)).
The PAMB includes Regional Directors of DA, NEDA, DOST, PNP, DND, and the Department of Tourism (Section 7(g)).
The PAMB includes three (3) representatives from NGOs or POs based in Kalinga, duly accredited by the DENR and the provincial government, with at least five (5) years existence and track record in or related to protected area management (Section 7(h)).
The PAMB includes at least one (1) but not more than three (3) representatives from all ICC/IPs present in the area and recognized by the NCIP (Section 7(i)).
The PAMB includes one (1) representative from an academic institution, preferably a university or college in Kalinga, with proven track record in or related to protected area management (Section 7(j)).
The PAMB includes one (1) representative from the private sector, preferably a resident of Kalinga, distinguished in a profession or field relevant to protected area management (Section 7(k)).
Terms of office and grounds for removal of PAMB members follow the rules under Republic Act No. 7586 (National Integrated Protected Areas System Act of 1992), as amended by Republic Act No. 11038 (Expanded National Integrated Protected Areas System Act of 2018) (Section 7).

PAMB powers, duties, and supremacy rule

The PAMB must oversee management of the protected area (Section 8(a)).
The PAMB must approve policies, plans, programs, proposals, agreements, and other related documents for protected area management (Section 8(b)).
The PAMB must approve the protected area management plan and ensure harmonization and integration with the Ancestral Domain Sustainable Development and Protection Plan, land use plan, and other development plans, public or private, and ensure implementation (Section 8(c)).
The PAMB must adopt a manual of operations that includes rules of procedure for conducting business and the creation of committees and their terms of reference (Section 8(d)).
The PAMB must recommend deputation of appropriate agencies and individuals for enforcement of laws, rules, and regulations governing protected area management (Section 8(e)).
The PAMB must allocate financial resources for implementation of the management plan and manage the Protected Area Retention Income Account and other funds according to accounting and budgeting rules (Section 8(f)).
The PAMB must set fees and charges in accordance with existing guidelines (Section 8(g)).
The PAMB must issue rules and regulations for resolving conflicts through effective means (Section 8(h)).
The PAMB must recommend policy changes to DENR and other government authorities for BPL management (Section 8(i)).
The PAMB must monitor and assess performance of the Protected Area Superintendent (PASu) and other protected area personnel and compliance of partners with undertakings, contracts, or agreements for projects or activities within the BPL (Section 8(j)).
The PAMB must recommend the designation or appointment of the PASu from a shortlist of qualified candidates (Section 8(k)).
The PAMB must assess the effectiveness of protected area management (Section 8(l)).
Members representing LGUs and national agencies must inform their constituents, offices, or sectors of PAMB-approved or other relevant policies, rules, regulations, programs, and projects, and must ensure compliance with the Act and its implementing rules in their respective plans and programs (Section 8).
Failure to comply with the duty to inform and ensure compliance subjects the responsible member to disciplinary action under administrative rules and penalties the PAMB provides (Section 8).
The DENR, through its Regional Director, must ensure that the PAMB acts within its powers and functions (Section 8).
When there is a conflict between PAMB resolutions and existing administrative orders of national application, the existing national administrative orders prevail (Section 8).

Protected Area Management Office (PAMO) and PASu

A Protected Area Management Office (PAMO) headed by a Protected Area Superintendent (PASu) must be established to supervise the day-to-day management, protection, and administration of the BPL (Section 9).
The PASu must hold a permanent plantilla position and must be appointed by the DENR Secretary (Section 9).
DENR Secretary must appoint a sufficient number of support staff with permanent plantilla positions to assist the PASu (Section 9).
The PASu is primarily accountable to the PAMB and the DENR for BPL management and operations (Section 9).
The PASu must prepare the management plan, including an annual work and financial plan, in consultation with stakeholders, and must ensure its implementation (Section 9(a)).
The PASu must ensure integration of protected area management plans, programs, projects, and policies with relevant national and LGU plans and programs (Section 9(b)).
The PASu must provide secretariat services to the PAMB and its committees and ensure timely availability of relevant information for decision-making (Section 9(c)).
The PASu must formulate and recommend to the PAMB proposed policies, rules, regulations, and programs (Section 9(d)).
The PASu must establish, operate, and maintain a database management system as a basis for decision-making (Section 9(e)).
The PASu must enforce laws, rules, and regulations relevant to the protected area; commence and institute administrative and legal actions in collaboration with other agencies; and assist in prosecution of offenses violating the Act (Section 9(f)).
The PASu must monitor, evaluate, and report implementation of management activities (Section 9(g)).
The PASu must request for and receive technical assistance, support, or advice from government agencies/instrumentalities, academic institutions, NGOs, and the private sector when necessary (Section 9(h)).
The PASu must issue permits and clearances for activities implementing the management plan and other permitted activities under terms, conditions, and criteria set by the PAMB (Section 9(i)).
Extraction permits, including collection for research purposes, must continue to be issued by relevant authorities but require prior clearance from the PAMB, through the PASu, covering the specific acts to be covered (Section 9(i)).
The PASu must collect and receive pertinent fees, charges, donations, and other income for the protected area, and report them regularly to the PAMB and the DENR under existing guidelines (Section 9(j)).
The PASu must prepare and recommend to the PAMB the approval of the annual work and financial plans based on the management plan (Section 9(k)).
The PASu must perform other functions assigned by the PAMB and DENR (Section 9(l)).
The PAMO may be augmented by deputized local environment and natural resources officers upon PAMB recommendation and DENR approval (Section 9).

Banao Protected Landscape Integrated Protected Area Fund

A trust fund called the Banao Protected Landscape Integrated Protected Area Fund (BPL-IPAF) is established to finance BPL projects and the NIPAS (Section 10).
All income generated from operation and management of wild flora and fauna in the BPL must accrue to the BPL-IPAF (Section 10).
Income must be derived from fees from permitted sale and export of flora and fauna and other resources from the MAPL, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the BPL, and other fees and income derived from BPL operations (Section 10).
The PAMB must retain seventy-five percent (75%) of all revenues raised and deposit this to the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank within the locality (Section 10).
Disbursements from the PA-RIA deposit must be used solely for protection, maintenance, administration, and management of the protected area, and for implementation of duly approved PAMB projects (Section 10).
The PAMB must deposit twenty-five percent (25%) of revenues as a special account in the general fund in the National Treasury for financing NIPAS programs and projects (Section 10).
The fund may be augmented by grants, donations, and endowment from domestic or foreign sources (Section 10).
The fund must be deposited in full as a special account in the National Treasury, and disbursements must be made solely for protection, maintenance, administration, and management of the NIPAS and duly approved projects endorsed by the PAMB under existing accounting, budgeting, and auditing rules (Section 10).
The fund must not be used to cover personal services expenditures (Section 10).
LGUs must continue to impose and collect all other fees not enumerated in the Act that they traditionally collect, such as property business permits, property tax, and rentals of LGU facilities (Section 10).

Appropriations, suppletory application, and implementation rules

The DENR Secretary must immediately include implementation of the Act in the DENR program, and funding must be included in the annual General Appropriations Act (Section 11).
The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, must have suppletory application to this Act (Section 12).
Within ninety (90) days from effectivity, the DENR Secretary must issue corresponding rules and regulations for effective implementation in consultation with the local governments of the Municipality of Balbalan and the Province of Kalinga, and concerned national government agencies (Section 13).

Separability and repealing provisions

If any section or provision is held unconstitutional or invalid, the remaining unaffected sections and provisions continue in full force and effect (Section 14).
All laws, decrees, letters of instruction, executive orders, rules and regulations, and other issuances or parts thereof inconsistent with the Act are repealed or modified accordingly (Section 15).

Final legislative history and approval

The Act originated in the House of Representatives and was passed by the House on May 26, 2021.
The Act was amended by the Senate on September 27, 2021.
The amendments were concurred in by the House of Representatives on December 7, 2021.
The Act was approved on April 08, 2022 (Effectivity under Section 16).