Establishing Batanes Protected Area

Policy declaration and constitutional classification

Section 2 declares State policy to regulate utilization of fishery and marine resources, aggregates, wild flora and fauna, culture and indigenous knowledge, and historical artifacts and sites in the Batanes Group of Islands.
Section 2 directs protection and conservation of scenic, cultural, historical and archeological features and the diverse terrestrial and marine ecosystem, for the benefit of its people and humankind.
Section 2 requires ensuring continuity of endangered, threatened and rare species.
Section 2 states that classified forest lands comprising the Batanes Protected Area shall be within the national park classification under the Constitution.
Section 2 provides that public lands classified as agricultural and alienable and disposable remain as such and may be disposed of under existing law after the passage of the Act.

Protected area boundaries and modifications

Section 3 establishes the Batanes Protected Area by technical boundary coordinates listed point-by-point by latitude and longitude, covering an approximate area of Two hundred thirteen thousand five hundred seventy-eight (213,578) hectares.
Section 3 provides that modifications due to changing ecological situations, new scientific or archeological findings, or discovery of traditional boundaries not previously taken into account must be made through an Act passed by Congress after full consultation with affected public.
Section 3 provides that private lands inside the protected area are governed as part of the protected area subject to its rules and regulations.
Section 3 provides that penal provisions in the Act or rules issued by the Protected Area Management Board (PAMB) do not apply to private lands unless specifically stated.
Section 4 defines “Peripheral waters” as the waters covered under the technical description in Section 3.

Definitions governing the Act

Section 4 defines “Alienable and disposable lands” as public lands classified as agricultural and alienable and disposable prior to the passage of the Act, excluding ancestral domains, which are treated as never to have been public for this purpose.
Section 4 defines “Ancestral lands and domains” as lands and natural resources occupied or possessed by indigenous cultural communities since time immemorial, continuously to the present except when interrupted by war, force majeure, or displacement by force, deceit or stealth, including adjacent areas necessary for economic, social and cultural welfare.
Section 4 defines “Forest lands” as public lands within the Batanes Protected Area that are not ancestral lands or domains and not classified as alienable and disposable, thus within the constitutional classification of national park.
Section 4 defines “Non-renewable resources” as resources within the protected area and its buffer zones whose replenishment rate is either not known or takes more than twenty-five (25) years.
Section 4 defines “Protected species” to include: marine turtles, green turban snails, dolphins, whales, whale sharks, species listed under CITES, and any plant or animal declared protected under Philippine laws, DENR rules, PAMB rules, or the management plan.
Section 4 defines “Private lands” to include lands registered as private under the property registration system, lands where private ownership has ripened under the Public Land Act, and lands considered ancestral lands despite lack of documentation reflecting that status.
Section 4 defines “Nongovernment organization” and “People’s organization” by their organizational purposes as described in the Act.
Section 4 defines “Peripheral waters” by reference to the technical description in Section 3.

Management plan and planning process

Section 5 requires the Protected Area Superintendent (PASu) to prepare the management plan in consultation with appropriate DENR offices and local experts, including people’s organizations, nongovernment organizations, local government units, and other government agencies.
Section 5 requires that the management plan be reviewed, approved, and adopted by the PAMB and certified by the Secretary of the DENR.
Section 5 makes DENR certification mandatory if the plan conforms to all DENR national laws and rules and regulations.
Section 5 prohibits DENR from revising or modifying the management plan without prior consultation with the PAMB.
Section 5 requires that within one (1) year from effectivity, a management plan be put into effect following the General Management Planning Strategy under the National Integrated Protected Areas System (NIPAS) Act and the Act’s procedure.
Section 5 states the management plan must include: protected area category, plan applicability period, key management issues, goals supporting Section 2, site management strategy, major management activities (including enforcement, habitat and wildlife management, sustainable use management, infrastructure development and maintenance, fire and pest control), zoning, visitor management programs, and waste management programs.
Section 5 requires successor planning: the PASu coordinates with concerned offices to prepare successor plans; one (1) year before expiration, the PASu publishes notices for comments in a local newspaper and posts in provincial, municipal, and barangay halls and three other public areas.
Section 5 provides that public hearings may be conducted on the successor plan upon written request of any interested party, and a finalized plan must be available for public perusal at the PASu office after PAMB approval.
Section 5 directs that zoning gives primary consideration to traditional zones used and recognized by Ivatans and tenured migrants, unless deemed detrimental to biodiversity and the protected area’s natural characteristics.
Section 5 requires the plan be in a language understandable in the area, plainly written, and available for public perusal at the PASu office.

Institutional mechanisms: PAMB and PASu

Section 6 establishes the Protected Area Management Board (PAMB) as the policy-making body of the protected area.
Section 6 provides the PAMB composition: Regional Director, Region II of DENR as chairman; Provincial Planning and Development Officer; one municipal representative from each municipality of Batanes appointed by each Sangguniang Bayan by majority vote; one barangay representative appointed by each Sangguniang Barangay; at least three (3) NGO representatives chosen among themselves; two (2) authority representatives on Ivatan culture (by qualifications or indigenous knowledge); and at least three (3) representatives from people’s organizations or cooperatives chosen among themselves.
Section 6 reserves one (1) vote in every meeting for one national government agency called for the meeting by the PAMB depending on the agenda.
Section 6 provides that PAMB members represent their sector and carry the sector vote unless challenged in writing five (5) days after the decision is made known to members of the sector through written information.
Section 6 grants the PAMB powers and functions to:
- issue rules and regulations to prohibit prejudicial acts and to establish permit criteria and fees;
- issue conflict-resolution rules through appropriate, culturally sensitive and effective means;
- adopt rules of procedure, including creating committees for delegated powers;
- approve the management plan and oversee the PASu office;
- deputize individuals for enforcement of laws, rules and regulations; and
- approve proposals for funding and budget allocations and exercise responsibility over funds accruing to the Batanes Protected Area donated for the Act’s purposes.
Section 6 requires DENR through the Regional Executive Director (RED) to oversee the PAMB to ensure it acts within its powers and functions.
Section 6 provides that if PAMB rules conflict with DENR administrative orders issued for national application under the NIPAS Act, the PAMB must notify the Secretary of DENR, who decides whether to apply or withdraw the PAMB rule.
Section 6 mandates that the Secretary’s decision be guided by preference for locally initiated and specific PAMB policies.
Section 6 makes the Secretary’s decision appealable to the Regional Trial Court with jurisdiction over the protected area.
Section 6 provides for a Protected Area Superintendent (PASu) within DENR as chief operating officer, with functions including preparation of management and successor plans, serving as PAMB Secretariat, hiring/supervising personnel, developing and implementing information/education/visitor programs, enforcing laws and assisting prosecution, monitoring compliance, and performing other PAMB-assigned functions.
Section 6 allows the PASu to delegate authority as necessary to staff.

Ancestral lands and tenured migrants rights

Section 7 declares that lands occupied since time immemorial by Ivatans are deemed never to have been public and are available for disposition according to Ivatan customs and traditions practiced by the occupying claimant as they evolve.
Section 7 provides that, absent specific proof to the contrary, such ancestral lands are presumed claimed communally.
Section 7 requires identification, delineation, and titling of ancestral lands and domains in accordance with Republic Act No. 8371, the Indigenous People’s Rights Act (IPRA).
Section 8 defines tenured migrants as those who actually and continuously occupied forest lands within the protected area before June 30, 1987 and are substantially dependent for livelihood.
Section 8 provides that tenured migrants receive a tenure instrument for areas occupied or cultivated since June 30, 1987 for official documentation of rights and extent of occupation.
Section 8 provides that if tenured migrant-occupied areas are designated as zones where no occupation or activities are allowed, their transfer to multiple use zones or buffer zones may be accomplished using humanitarian considerations.
Section 8 requires that upon cancellation of a tenured migrant instrument for cause, abandonment, or voluntary surrender, the PASu must immediately rehabilitate the area to return it to natural state prior to cultivation or activity.

Prohibited acts, penalties, and prosecution

Section 9 imposes the penalties under Articles 309 and 310 of the Revised Penal Code, depending on the value of resources taken, damaged or destroyed, on any person who:
- hunts, destroys, disturbs, or removes any wild plants or animal products derived therefrom without a permit from the PAMB;
- conducts mineral exploration or extraction within forest lands;
- conducts quarry operations for aggregates, limestones, coral, sand, or other quarry material without a PAMB permit or without other permits required under existing laws;
- engages in commercial fishing within municipal waters;
- engages in fishing using explosives, noxious substances, electricity, or drift nets with mesh below three (3) centimeters between the knots when stretched; or
- cuts, removes, gathers, or takes timber or forest products from forest lands without authorization.
Section 9 requires valuation of damage to take into account biodiversity and conservation considerations as well as aesthetic and scenic value.
Section 9 imposes a fine of not less than PHP 50,000 but not more than PHP 500,000 and/or imprisonment of not less than one (1) year but not more than five (5) years, plus restoration and rehabilitation of the damage, on any person who:
- alters topography through digging, blasting, earth-filling activities or stonewalling without permits from all proper authorities required under existing laws and from the PAMB;
- damages roads, trails, or leaves them damaged, or mutilates, defaces, destroys or vandalizes any object of natural beauty or scenic value;
- constructs or maintains any kind of structure without a PAMB permit or other requisite permits under existing laws, including municipal permits, public works requirements and Environmental Compliance Certificates; or
- alters, removes, destroys, or defaces boundary marks, buoys, or signs in the protected area.
Section 9 imposes a fine of not less than PHP 5,000 but not more than PHP 100,000 and/or imprisonment of one (1) year to three (3) years on any person who:
- occupies forest lands without a legal instrument for such occupation;
- violates PAMB management plan rules or agreements reached before the PAMB in its adjudicative functions;
- dumps waste on land or sea other than in areas identified as dumping sites by concerned local governments, or leaves human wastes or refuse on land or sea in exposed or unsanitary condition;
- kills or injures protected species or fails to release it when accidentally caught or found beached;
- possesses a chainsaw without clearance from the PAMB specifying legal uses;
- knowingly brings into the protected area any exotic species or substances posing a hazard to public health, protected species habitat or populations, or scenery; or
- brings out live fish without negative certification from cyanide testing.
Section 9 imposes imprisonment of six (6) years and one day to ten (10) years and/or a fine of not less than PHP 5,000 but not more than PHP 500,000 on an alien engaging in any fishing activity within municipal waters of Batanes, and requires deportation after service of sentence.
Section 9 provides that if the alien fishing activity is carried on using a vessel of foreign registry, the penalty includes confiscation of the vessel in favor of the government.
Section 9 imposes the same penalty and perpetual disqualification from public office on any Filipino citizen who knowingly aids and abets that municipal waters fishing offense.
Section 9 imposes a fine of not less than PHP 5,000 but not more than PHP 500,000 and/or imprisonment of not less than one (1) year but not more than five (5) years on:
- anyone who induces another or conspires to commit any of the above acts, or suffers workers to commit them; and
- any public officer or officer of the law who maliciously and in dereliction of duties refrains from instituting prosecution or tolerates commission of the offenses, with conviction carrying perpetual disqualification from public office.
Section 10 requires the Department of Justice to appoint a special prosecutor within thirty (30) days from effectivity to whom all cases of violation in the protected area are assigned.
Section 10 requires the special prosecutor to coordinate with the PAMB and PASu and to assist in training wardens and rangers in arrest and criminal procedure.

Local participation and revenue sharing; facilities; energy

Section 11 requires local government units to participate through representation in the PAMB and to ensure PAMB business rules allow consolidation of plans and projects with management planning.
Section 12 provides that local government units within the protected area continue collecting fees, charges, and applicable taxes due to them, including fees for local services or use of facilities and other local revenues within their collecting powers.
Section 12 expands the Integrated Protected Area Fund (IPAF) under Republic Act No. 7586 to include taxes from permitted sale of wild flora and fauna, donations, endowments, contributions, and grants subject to onerous conditions imposed by donors or grantors; proceeds from leases by tenured migrants; and revenues the PAMB may legally impose and collect.
Section 13 requires that within sixty (60) days from effectivity, existing major facilities inside the protected area submit project descriptions to the PAMB through the PASu.
Section 13 requires the PAMB, with DENR assistance, to determine whether a facility’s existence, future plan, and operation will be detrimental or whether conditions for operation should be imposed.
Section 13 provides that violation of any conditions subjects the facility to a fine of PHP 5,000 for every day of violation.
Section 13 provides that once total fines reach PHP 500,000, the PAMB, through the PASu and deputizing other government entities, shall cause cessation and demolition of the facility at the cost of its owners.
Section 13 provides that allowed existing facilities may be charged a reasonable royalty by the DENR, with royalty income accruing to the IPAF.
Section 14 provides that exploitation and utilization of energy and other non-renewable resources within the protected area are allowed only through PAMB approval, in consultation with the Department of Energy.
Section 14 prohibits any exemption from the Environmental Impact Assessment (EIA) system for energy and non-renewable resource exploitation projects within the protected area.

Appropriations, construction rule, NIPAS modifications, and separability

Section 15 requires that the amount necessary for implementation be included in the DENR budget in the annual General Appropriations Act.
Section 16 directs that the Act’s provisions be construed liberally in favor of occupants of the protected area.
Section 16 provides that the NIPAS Act has suppletory effect in implementation of the Act.
Section 17 modifies provisions of the NIPAS Act in accordance with the Act’s provisions.
Section 17 repeals or modifies any laws, rules and regulations inconsistent with the Act.
Section 17 provides that within the protected area as specified, prohibitions and penalties under the NIPAS Act are superseded.
Section 18 provides separability: if any part or section is declared unconstitutional by courts, the remaining parts or sections remain effective.

Implementation oversight and management authority

Section 6 requires the PASu to operate as chief operating officer and serve as PAMB Secretariat, including providing information needed by the PAMB for decisions.
Section 6 authorizes the PASu to enforce laws, rules and regulations relevant to the protected area and to assist prosecution of offenses.
Section 6 empowers the PAMB to deputize interested individuals for enforcement of laws and rules governing conduct in the protected area.