Title
Mt. Hamiguitan Range Wildlife Sanctuary Protection
Law
Republic Act No. 9303
Decision Date
Jul 30, 2004
The Mt. Hamiguitan Range Wildlife Sanctuary Act of 2004 establishes a protected area in the Philippines to conserve biodiversity and protect against harmful human activities, with the Department of Environment and Natural Resources responsible for its management and enforcement.
republic act
protected area
biodiversity conservation
A

Policy and governing purpose

  • The State policy requires that management, protection, sustainable development, and rehabilitation of protected areas be undertaken primarily to ensure conservation of biological diversity.
  • The State policy requires that use and enjoyment of protected areas must be consistent with the conservation principle of biological diversity.

Core management planning requirement

  • The DENR, in coordination with the Protected Area Management Board (PAMB) of the Mt. Hamiguitan Range Wildlife Sanctuary, concerned LGUs, and other affected sectors, must prepare a management plan and a management manual.
  • The management plan and manual must be consistent with the General Management Planning Strategy (GMPS) under Republic Act No. 7586.
  • The management plan must be approved by the PAMB.
  • The management plan must be certified by the DENR Secretary as conforming to national laws, Republic Act No. 9303, and pertinent DENR protected area rules and regulations.

Administrative jurisdiction and institutional structure

  • The Mt. Hamiguitan Range Wildlife Sanctuary is under the administrative jurisdiction of DENR through the PAMB.
  • The DENR Secretary exercises supervision and is empowered to:
    • Cause boundary demarcation;
    • Conduct studies on various characteristics and conditions of the protected area;
    • Adopt and enforce land-use scheme and zoning plan in adjoining areas that may threaten ecological balance;
    • Certify that the PA Management Plan conforms to national rules and regulations and communicate objections to the PAMB within sixty (60) days upon receipt; otherwise, the management plan is considered approved;
    • Coordinate with other government agencies and academic institutions for collaborative programs affecting the protected area;
    • Submit the annual report of the PA to the Office of the President and to Congress; and
    • Formulate implementing rules and regulations necessary to carry out the Act.
  • The PAMB is the highest policy-making body and is composed of:
    • The Regional Executive Director (RED) of DENR Region XI as PAMB Chairman;
    • The Provincial Governor of Davao Oriental or authorized representative;
    • The Provincial Planning and Development Officer or authorized representative;
    • The mayors of Mati, San Isidro and Governor Generoso or authorized representatives;
    • All barangay captains within the sanctuary;
    • Three (3) representatives from people’s organizations and non-government organizations from the municipalities of Mati, San Isidro and Governor Generoso;
    • Representatives from other departments or national government agencies operating within the protected area that can contribute to protected area management; and
    • Other stakeholders who can contribute to protection, preservation, and conservation.
  • The PAMB must exercise powers and functions including:
    • Review, approve, and adopt the PA management plan;
    • Review deputation of individuals/groups to augment protection personnel and indorse lists to the RED for approval;
    • Fix and impose administrative fees for use of the PA and fines for violations of prohibited acts;
    • Approve contracts and agreements consistent with the Act except international contracts and agreements;
    • Accept donations and grants;
    • Review and approve work and financial plan;
    • Coordinate with other government agencies and academic institutions;
    • Submit annual report to DENR Secretary;
    • Delegate authority to the PAMB Executive Committee;
    • Prepare or cause inventory of protected flora and fauna;
    • Permit, control or regulate:
      • Infrastructures;
      • Public utilities;
      • Occupancy of appropriate management zones;
      • Dumping of waste;
      • Use of motorized equipment;
      • Business enterprise; and
      • Other PA use such as mountain climbing, research/study, and recreational activities;
    • Promulgate rules and policies for its business; and
    • Initiate and file suits against entities whose operations have detrimental effect on the PA.
  • The DENR Regional Executive Director (RED) for Region XI, as PAMB Chairman, must:
    • Sign/approve contracts and agreements consistent with the Act except international contracts and agreements; and
    • Approve deputation of field officers.
  • The Protected Area Superintendent’s Office (PASO) is created to provide day-to-day management, protection, and administration of the protected area.
  • The PASO head is the chief operation officer of the sanctuary and is accountable to the RED and the PAMB.

Indigenous rights and tenured migrants

  • Ancestral lands and domain within the protected area must be recognized and managed under Republic Act No. 8371.
  • Tenured migrants are eligible to become stewards of portions of land within production zones designated by DENR where they derive subsistence.
  • DENR must develop an appropriate tenurial instrument for tenured migrants within the protected area.
  • Tenured migrants must be considered and treated individually or per household, based on the head of families with legitimate dependents.
  • Tenured migrants occupying portions of ancestral domain must be treated separately.
  • The PAMB must develop mechanisms to resolve disputes involving tenured migrants in ancestral domain.
  • Absentee/transient migrants who do not qualify as tenured migrants must not be eligible to become stewards of portions of land within multiple-use and sustainable zones.

Regulations, EIA requirement, and LGU compliance

  • Proposals for activities like construction of dams, irrigation, canals, transmission lines, access roads/trails, and buildings outside the scope of the management plan require PAMB permission and must be subject to an environmental impact assessment as required by law before adoption.
  • No actual implementation of such activities is allowed without an Environmental Compliance Certificate (ECC) under the Philippine Environment Impact Assessment (EIA) System.
  • Proponents must plan and carry out such activities to minimize adverse effects and take preventive and remedial action when appropriate.
  • The proponent is liable for damage due to lack of caution or indiscretion.
  • The PAMB must determine what activities for essential use of the communities are allowed consistent with the management plan, based on biodiversity criteria and the management zoning plan.
  • Areas under management of other government agencies must be integrated in the overall management plan.
  • LGUs within the protected area must follow the management plan and adopt it once approved.
  • LGUs must not pass ordinances to amend the management plan, and ordinances must not overturn the management plan.
  • Segregation of PA portions for LGU use, such as tourism and industrial estate, must be assessed based on biodiversity criteria and consistent with the management plan.
  • Any LGU development/project proposals within the protected area must be reviewed, evaluated, and approved by the PAMB prior to implementation.

Existing facilities and their monitoring

  • Existing facilities within the protected area prior to the Act must be inventoried and assessed by the PAMB using criteria that consider:
    • The impact of the facilities on the protected area;
    • Impact on biodiversity conservation; and
    • Resolution of possible conflict between public interest and local interest against the facility’s national significance.
  • The PAMB, through the PASO, must monitor the operations of existing facilities.
  • If facilities are found inconsistent with the Act’s purpose, the PAMB must recommend appropriate actions/measures.
  • The PAMB must impose royalties or administrative fees or adopt a profit sharing scheme on such facilities, subject to negotiations with the concerned proponent(s).

Prohibited acts in the protected area

  • The Act prohibits cutting, gathering, or collecting timber or other forest products without a license.
  • It prohibits squatting accomplished through force, intimidation, threat, or taking advantage of the absence or tolerance of the landowner/claimant, for residential, commercial, or any other purpose, against the landowner’s will.
  • It prohibits unlawful occupation or destruction of forest lands within the protected area through entry and occupation or possession, kaingin for private use or for others, without authority or permit from the PAMB, or in any manner destroying land, damaging timber stand and other forest products and forest growths.
  • The Act further prohibits, except when allowed by the nature of categories and applicable rules:
    • Hunting, destroying, disturbing, or possessing any plant or animal or products derived therefrom without a permit from concerned authorities;
    • Dumping waste products detrimental to the protected area, plants and animals, or inhabitants;
    • Using motorized equipment without a permit from the PAMB;
    • Mutilating, defacing, or destroying objects of natural beauty or objects of interest to cultural communities;
    • Damaging and leaving roads and trails in a damaged condition;
    • Mineral exploration and survey of energy resources;
    • Constructing or maintaining any kind of structure, fence or enclosures, and conducting any business enterprise without a permit;
    • Leaving refuse or debris exposed or in unsanitary conditions, or depositing them in grounds or bodies of water;
    • Altering, removing, destroying, or defacing boundary markers, monuments, or interpretative signs;
    • Entry without a permit of: mountain climbers, campers, spelunkers, study/research groups/individuals, and visitors;
    • Mining and sand and gravel quarrying/extraction; and
    • Buying, selling, or transferring rights over any land within the protected area.

Penalties and administrative consequences

  • Any person found guilty of prohibited acts under the Act or its DENR rules, or found guilty by competent court of offenses in the prohibited acts section, must be penalized with:
    • A fine of not less than PHP 5,000 nor more than PHP 500,000, exclusive of the value of the thing damaged, or
    • Imprisonment of not less than 1 year but not more than 6 years, or both, as determined by the court.
  • The court must require the
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