Law Summary
Declaration of Policy
- Secures protection and conservation of Mount Apo's biodiversity, indigenous peoples, and communities.
- Promotes sustainable and participatory development.
- Respects customs and interests of indigenous peoples and migrants.
- Encourages partnerships among government, NGOs, and people’s organizations.
Definitions
- Provides detailed definitions for key terms such as Ancestral Domain/Lands, Biodiversity, Buffer Zones, Commercial Facilities, Conservation, Ecosystem, Indigenous Cultural Communities (Bagobo subtribes), Legitimate Private Rights, Management Plan, People’s Organization, Protected Area, Secretary (DENR Secretary), Stakeholders, Sustainability, Tenured Migrants, Timber, among others.
Scope
- Defines Mt. Apo Natural Park's territorial coverage: parts of North Cotabato, Davao del Sur, and Davao City.
- States total area (549,744,724.32 sq. m.), with detailed boundary descriptions.
- Excludes Philippine National Oil Company's Geothermal Reservation, with conditions for cooperation and potential reversion to the Park.
- Allows essential power generation activities within buffer zones subject to PAMB and government approval.
Establishment of Buffer Zones
- Buffer zones are extra peripheral layers for protection, providing regulated livelihood opportunities.
- Defines two major buffer zone parcels with precise boundaries.
- Establishes an Energy Support Zone near PNOC reservation to sustain geothermal installation.
- Requires permits for geothermal activities and possible congressional approval for exploration.
Management Plan
- To be prepared within one year by Protected Area Superintendent in coordination with communities, LGUs, DENR, NGOs, and experts.
- Plan covers at least 15 years; includes management issues, goals, zoning, enforcement, infrastructure, and visitor management.
- Management Plan must be approved by PAMB and certified by the DENR Secretary.
- Public participation and transparency required in plan revision; interim modifications allowed if no new plan adopted.
Protected Area Management Board (PAMB)
- Highest policy-making body composed of DENR regional directors, provincial governors, LGU mayors, barangay captains, indigenous peoples representatives, NGO/PO representatives, national agencies, and other stakeholders.
- Representatives from NGOs/POs selected based on credentials and involvement.
Term of PAMB Members
- Members serve 5-year terms contingent on their affiliation.
- Vacancies filled by original selection process for remaining term only.
Powers and Functions of PAMB
- Approve management plans, policies, zones, development programs.
- Recommend park fees with DENR approval.
- Monitor and evaluate conservation efforts and personnel.
- Recognize indigenous rights.
- Request government or private assistance.
- Participate in Protected Area Superintendent selection.
- DENR Secretary resolves conflicts with PAMB resolutions.
Executive Committee of PAMB
- Delegated powers from PAMB.
- Membership includes DENR directors, LGU officials, barangay captains, indigenous representatives, NGOs, POs, national agencies.
Protected Area Superintendent Office
- Chief operating and administrative officer of the park.
- Responsible for implementation of management plan, community partnership, staff performance, budget use, education programs, research oversight.
- Acts as peace officer with authority to enforce laws, arrest offenders, require permits, confiscate illegal products.
- Supported by DENR employees detailed in the park.
Ancestral Lands and Domain
- Indigenous clans’ rights fully recognized consistent with IPRA and conservation goals.
- Customary laws govern internal community relationships over ancestral lands.
- Access to permits or licenses shall not be unreasonably withheld.
Tenured Migrants
- Eligible to hold stewardship in buffer and multiple-use zones.
- Subject to verification and zoning plans by PAMB.
- Land rights limited to cultivation/residence transferable to direct descendants.
- Relocation only to sustainable zones via just means if original zones disallowed.
- Rehabilitation required upon termination or surrender of tenure instruments.
Existing Rights
- All prior property and private rights within park and buffer zones protected and respected.
Special Prosecutor
- DOJ to appoint a special prosecutor within 30 days for cases of violation in the park.
- Works with PAMB and Protected Area Superintendent for training and case handling.
- PAMB to periodically evaluate prosecutor’s performance.
Prohibited Acts and Penalties
- Qualified theft penalties on unlawful hunting, collection, destruction, or possession of park resources without permits.
- Fines P100,000 to P500,000, or imprisonment 5-10 years, or both, plus restoration/ejection for:
- Unauthorized occupation, kaingin, selling real property in protected zones.
- Use of explosives or poison for fishing.
- Vandalism, dumping harmful substances, boundary marker defacement.
- Mineral exploration or extraction.
- Obstruction of enforcement.
- Lesser offenses incur fines P5,000 to P100,000 or imprisonment 1-6 years, or both.
- Administrative procedures, corporate liabilities, and valuation methods detailed.
- Liability extends to conspirators and employers.
Administrative Confiscation and Fine
- Administrative fine P5,000 to P150,000 and/or permit cancellation by PAMB via Protected Area Superintendent.
- Appeal processes defined: Superintendent to PAMB Executive Committee to DENR Secretary.
- Immediate confiscation of offending tools and property upon apprehension.
- Confiscated items remain in custodia legis pending trial but subject to administrative rules.
- Proceeds and fines accrue to the Integrated Protected Area Fund.
Special Counsel
- PAMB may engage counsel to prosecute or defend related cases involving board and park personnel.
Mt. Apo Protected Area Fund
- Trust fund for financing park projects.
- Income sources: visitor fees, resource permits, lease proceeds, contributions, fines.
- Fund deposited in national treasury; disbursement strictly for park management projects approved by PAMB.
Existing Facilities Within the Park
- Commercial facilities >P100,000 capitalization must submit environmental assessments and permits.
- Failure to submit is a violation; PAMB may impose conditions.
- Non-compliance fines P5,000/day up to P500,000 and possible facility removal.
- Basic services facilities removal subject to LGU approval.
- Park fees may be imposed on remaining facilities.
Utilization of Non-renewable Resources
- Exploration or utilization of non-renewable resources within the park prohibited.
Environmental Impact Assessment
- EIA laws apply to protected area projects; issuance of Environmental Compliance Certificates coordinated with PAMB.
Partnerships Among Government, NGOs and People’s Organizations
- Continuous strong partnerships required.
- NGOs, POs, and private entities must be accredited by LGUs and DENR.
Roles of LGUs and National Agencies
- Representatives in PAMB.
- Disseminate information, ensure program consistency, retain ordinance powers respecting management plans.
- Assist with park fee collection, enforcement, accreditation processes.
- Provide data for effective management.
Public Service Utilities and Projects
- Utilities and public welfare projects must be implemented in areas designated or approved by PAMB and appropriate agencies.
Appropriation
- DENR Secretary to include implementation in department programs.
- Funding included in annual General Appropriations Act.
Construction of the Law
- Liberally construed in favor of tenured migrants and indigenous peoples with consideration of prior rights.
- Relevant laws (Local Government Code, NIPAS, IPRA, Fisheries Code) apply supplementary.
Implementing Rules and Regulations
- To be promulgated by DENR within 90 days in consultation with Senate and House Committees and PAMB.
Repealing Clause
- Existing inconsistent laws, rules, and regulations repealed or modified accordingly.
Separability Clause
- Declaration of any part unconstitutional does not affect the rest of the Act.
Effectivity
- Act to be translated into Visayan.
- Published and posted in multiple public places for 3 consecutive weeks.
- Takes effect 30 days after publication.