Title
Proclamation Declaring Aliwagwag Protected Landscape
Law
Proclamation No. 139
Decision Date
Apr 5, 2011
Proclamation No. 139 designates Aliwagwag as a protected landscape, including a buffer zone, under the jurisdiction of the Department of Environment and Natural Resources, ensuring the preservation and management of the area in accordance with the NIPAS Act of 1992.

Legal basis and governing regime

  • Republic Act No. 7586 (NIPAS Act of 1992) authorizes the proclamation to declare Aliwagwag as a protected area.
  • Republic Act No. 8371 governs respect for the rights of indigenous peoples within the protected area and its buffer zone.
  • DENR Administrative Order No. 93-02 is recognized for matters affecting indigenous peoples and related implementation rules.
  • The APL and its Buffer Zone are governed by the NIPAS Act of 1992 and its Implementing Rules and Regulations for management and administration.

Policy intent and protected designation

  • The proclamation declares Aliwagwag a protected area under the category of protected landscape.
  • The proclamation declares the adjoining peripheral areas as the protected area’s Buffer Zone.
  • The APL and Buffer Zone are declared subject to private rights.
  • The proclamation expressly safeguards indigenous peoples’ rights, without prejudice to those rights.

Geographic scope and barangay coverage

  • The APL is situated in the Municipalities of Boston and Cateel, Province of Davao Oriental, and in the Municipality of Compostela, Province of Compostela Valley.
  • The APL and Buffer Zone are bounded and defined by DENR NIPAS Map No. RO-XI-4 and the technical descriptions using named corners and bearings/distances.
  • The Protected Area is bounded by its 200 meter buffer zone, beginning at points marked on the map and on the ground.
  • The technical descriptions establish the Protected Area containing an area of TEN THOUSAND FOUR HUNDRED NINETY-ONE and 33/100 (10,491.33) HECTARES.
  • The technical descriptions establish the Buffer Zone containing an area of FOUR HUNDRED TWENTY and 06/100 (420.6) HECTARES.

Technical description: boundary mechanics

  • The Protected Area begins at a point marked a1? on the map and on the ground by a concrete monument identical to corner 8 of the former TLA No. 201 of Eastcoast Development Enterprises.
  • The Protected Area boundary is delineated by a continuous sequence of directional legs (e.g., S 58A33'E, S 23A50'W, N 45A37'E, and others) connecting corners through Corner 2 up to the point of beginning.
  • The boundary delineation of the Protected Area ends of beginning, using the technical closure described in the proclamation.
  • The Buffer Zone begins at a point marked identical to corner 1 of the Ahwagwag Protected Landscape and proceeds through bearings/distances connecting Corners 2 to Corner 1 as the point of beginning.
  • The Buffer Zone boundary includes segments described as following natural or linear features, including Aliwagwag Cr. downstream, Cateel R. upstream, and portions described as following the road generally.

Delineation, management, and jurisdiction

  • The Aliwagwag Protected Landscape and its Buffer Zone are subject to actual ground survey and delineation by the DENR.
  • The APL and its Buffer Zone are under the administrative jurisdiction of the Department of Environment and Natural Resources (DENR).
  • The APL and its Buffer Zone are managed in accordance with the NIPAS Act of 1992 and its Implementing Rules and Regulations.
  • The proclamation recognizes a 200 meter buffer zone relationship between the Protected Area and its Buffer Zone through the boundary statement that the Protected Area is bounded in all directions by its 200 meter buffer zone.

Treatment of existing rights and resources

  • Any contract, permit, or license for the extraction or utilization of natural resources already existing prior to the proclamation is respected until its expiration, subject to national interest.
  • Areas covered by existing extraction/utilization contracts, permits or licenses that are found not viable for development after assessment and/or exploration automatically form part of the Aliwagwag Protected Landscape.
  • All property and private rights within the APL that already exist and/or have vested prior to the proclamation are respected in accordance with existing laws.

Temporal and legal effect conditions

  • Existing natural resource contracts, permits, or licenses are preserved only until expiration, and continuation is conditioned on national interest.
  • Lands within existing extraction/utilization coverage become part of the APL when they are found not viable for development after assessment and/or exploration.
  • The proclamation’s protected designation operates subject to private rights and without prejudice to indigenous peoples’ rights as governed by the cited indigenous peoples framework and related rules.

Separability, repeal, and transition

  • The proclamation provides for respect of existing vested private rights and existing natural resource extraction/utilization contracts, permits, or licenses under stated conditions.
  • The proclamation does not state a separate separability clause, repeal clause, or sunset provision within its operative text.
  • Management continues under the NIPAS Act of 1992 and its Implementing Rules and Regulations for the life of the protected designation.

Formal execution

  • The proclamation is executed in the City of Manila on April 5, 2011.
  • It is signed by BENIGNO S. AQUINO III, President of the Republic of the Philippines, and by PAQUITO N. OCOA JR., Executive Secretary.

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