Mt. Kanla-on Natural Park protection law

Key definitions for MKNP management

“Bioprospecting” means research, collection, and utilization of biological and genetic resources for scientific and/or commercial purposes (Section 3).
“Commercial” means involving market sale in volume or value in excess of that required to maintain basic subsistence for workers and their dependents (Section 3).
“DENR” refers to the Department of Environment and Natural Resources (Section 3).
“Exotic Species” refers to species or subspecies that do not naturally occur within the MKNP biogeographic region at present or in historical time (Section 3).
“ICCs/IPs” refers to indigenous peoples as defined in IPRA, specifically the Atis and Bukidnons of the MKNP (Section 3).
“Natural Park” is a relatively large area not materially altered by human activity where extractive resource uses are not allowed, maintained to protect outstanding natural and scenic areas for scientific, educational, and recreational use (Section 3).
“PAMB” refers to the Protected Area Management Board, as provided in the Act (Section 3).
“PASu” refers to the Protected Area Superintendent, as provided in the Act (Section 3).
“Protected Species” includes species declared protected under Philippine laws, including those listed under CITES (and its annexes), species under the Bonn Convention on Migratory Animals, species in IUCN red-list categories, or species the PAMB may deem necessary for conservation in the MKNP (Section 3).
“Tenured Migrant” means a person who has actually and continuously occupied an area for five (5) years prior to its designation as part of a protected area and is solely dependent on that area for subsistence (Section 3).
“NGO” means a duly registered nonstock, non-profit organization with by-laws, democratically-elected representation, and multi-sectoral in character (Section 3).
“PO” means a group of people formed to advance the interests of the sector they represent (Section 3).
“Non-Renewable Resources” means resources within the MKNP whose natural replenishment rate is not known (Section 3).

Protected area boundaries and buffer zone

The MKNP is declared and established as a protected area under the category of a natural park pursuant to and in accordance with the NIPAS Act (Section 4).
The boundaries of the MKNP are defined by a detailed metes-and-bounds description beginning at a point marked “1” on the map/plan N.P. or P.B.M. No. 4 between Negros Occidental and Negros Oriental under Pontevedra Cadastre No. 60, B.L. Case No. 2 of Negros Oriental, continuing through numbered points up to the point of beginning, with an approximate total land area of 24,388 hectares (Section 4).
A buffer zone is established for exploration, development, and utilization of geothermal energy resources and other exploration activities, with a technical description beginning at a point marked “1” on the plan and ending at the point of beginning (Section 5).
The buffer zone contains an area of one hundred sixty-nine (169) hectares, more or less (Section 5).
Geothermal exploration and development of energy or mineral resources within the MKNP are not allowed except by an Act of Congress (Section 5).
Permits for geothermal activities must be pursuant to relevant forestry and environmental regulations (Section 5).
Areas within the buffer zone that are not used directly for the development and utilization of geothermal energy remain under the control and jurisdiction of the PAMB (Section 5).
The geothermal project proponent must contribute to the Integrated Protected Area Fund (IPAF) established by the DENR under the NIPAS Act and pertinent DENR rules and regulations (Section 5).
The PAMB of the MKNP must be represented in the multi-partite environmental monitoring committee for geothermal operations within the buffer zone, consistent with Presidential Decree No. 1586 and DENR Administrative Order 96-37, Series of 1996, and pertinent DENR rules and regulations (Section 5).

Core management structure and powers

Management and administration of the MKNP are vested with the PAMB (Section 6).
The management of zones established within the MKNP must be consultative and participatory (Section 6).
Local government units participate in MKNP management through representation in the PAMB (Section 7).
Local ordinances relating to the environment, including allocation of funds for environmental programs, must be consistent with this Act and the Management Plan (Section 7).
The MKNP operates under a Management Plan that provides a long-term framework, governs all activities within the MKNP, and guides annual operations and budget (Section 8).
The Management Plan identifies allowed uses for each zone and governs specialized uses such as academic and scientific purposes through consultations with a committee of four (4) PAMB representatives and four (4) representatives from concerned LGUs, with the PAMB representatives not coming from involved LGUs (Section 8).
The Management Plan is consistent with the MKNP’s nature as a protected area under the category of a natural park (Section 8).

Management plan timing, content, and adoption

The PASu must prepare the Management Plan within one (1) year from the effectivity of the Act, coordinated with appropriate DENR offices, local communities, and experts (Section 8).
The Management Plan must include: a period of applicability of thirty (30) years, subject to periodic review every five (5) years; key management issues; goals and objectives supporting Section 2; site management strategies; zoning under Section 9; management programs including enforcement of laws, habitat and wildlife management, ecotourism, sustainable use management, infrastructure development and maintenance, fire prevention, and pest control (Section 8).
The Management Plan must include mechanisms for protection of ICCs/IPs and tenured migrants in the exercise of their rights; sustainable and non-destructive livelihood activities; and regulations for preservation and conservation objectives, including issuance of permits and resource-use restrictions (Section 8).
The Management Plan is reviewed and adopted by the PAMB and then certified to by the DENR Secretary that it conforms to all DENR laws, rules, and regulations (Section 8).
The Management Plan cannot be revised or modified without prior consultation with the PAMB, and any revision must follow the procedure required in the Act (Section 8).
The Management Plan must be periodically reviewed and updated every five (5) years pursuant to the NIPAS Act (Section 8).
One year before expiration of the current Management Plan, the PASu must publish notices for comments and suggestions on the successor plan in a newspaper of local circulation, post notices in provincial, municipal, and barangay halls of the LGUs comprising the MKNP, and post in three (3) other conspicuous public areas within the MKNP (Section 8).
Two public hearings on the successor plan must be conducted within the same calendar year (Section 8).
The proposed Management Plan must be made available for public perusal at the Office of the PASu, and must be prepared in English, Tagalog, Ilonggo, and Cebuano, plainly written (Section 8).

Zoning system within MKNP

Zones within the MKNP must be established giving primary consideration to protection and conservation (Section 9).
Zoning must also take into account tenurial and livelihood concerns of communities to ensure efficient protection of habitats, fragile ecosystems, and unique areas (Section 9).
Establishment and management of zones must involve the concerned community through dialogue consultations and land and resource-use mapping using GIS and the latest technologies (Section 9).
Zones must be demarcated on the ground and indicated on maps with the participation of communities, LGUs, and other stakeholders (Section 9).

PAMB composition, meetings, and functions

The PAMB is the policy-making body of the MKNP (Section 10).
The PAMB is composed of: the Regional Executive Directors (RED) of DENR Regions VI and VII, with the RED of Region VI as PAMB chair; the Governors of Negros Occidental and Negros Oriental (or duly authorized regular representatives); the mayors of municipalities and cities with territory within the MKNP (or duly authorized regular representatives); the all barangay captains of barangays with territory within MKNP (or duly authorized regular representatives) (Section 10).
The PAMB includes three (3) NGO representatives from NGOs based in Negros Occidental accredited with the DENR and LGU and with tangible projects at the time of membership (Section 10).
The PAMB includes a PO representative chosen from among themselves for each municipality and city within MKNP, provided that POs are accredited and have tangible projects at the time of membership (Section 10).
The PAMB includes the Provincial Planning and Development Officers (PPDO) of Negros Occidental and Negros Oriental (Section 10).
The PAMB includes an ICC/IP representative for each tribal community within MKNP (Section 10).
The PAMB includes a duly authorized representative with environmental expertise of PNOC EDC (Section 10).
The PAMB has an Executive Committee (Execom) to whom the PAMB may delegate powers and functions; the Execom is composed of the RED of DENR Region VI as chairman; governors (or representatives); two (2) mayor representatives; two (2) barangay captain representatives (one each from Negros Occidental and Negros Oriental); one (1) NGO representative; one (1) PO representative; one (1) ICC/IP representative; and one (1) from PNOCEDC (Section 10).
Except for government officials serving ex officio, each PAMB member serves a term of five (5) years, provided the member remains connected with the sector represented (Section 10).
The term of an NGO/PO representative is coterminous with the duration or existence of the organization’s projects within the MKNP (Section 10).
Upon vacancy of a nongovernment PAMB member, a new member is chosen in the same manner for the remaining term (Section 10).
The PAMB en banc holds regular meetings at least once a year, while the PAMB Execom holds regular meetings at least once every trimester; special meetings may be called upon proper notice (Section 10).
PAMB members are entitled to reimbursement of actual travelling expenses incurred in attending meetings subject to existing accounting and budgeting rules, and these expenses are included in the MKNP budget (Section 10).

PAMB authority and PASu operational role

The PAMB decides by majority vote and must issue rules and regulations to prohibit and regulate acts prejudicial to the MKNP (Section 11).
The PAMB issues all necessary permits within the MKNP in accordance with the Management Plan and pertinent laws and DENR forestry and environmental rules and regulations (Section 11).
The PAMB recommends to the DENR Secretary the criteria on fees for issuance of permits for activities regulated under this Act or the Management Plan (Section 11).
The PAMB evaluates and approves project or program proposals to be implemented within the MKNP (Section 11).
The PAMB adopts rules of procedure for conduct of business, including creation of committees to whom powers may be delegated (Section 11).
The PAMB approves the Management Plan and oversees the Office of the PASu (Section 11).
The PAMB may deputize through the PASu interested individuals for law enforcement within the MKNP and prescribe necessary qualifications (Section 11).
The PAMB may accept donations, approve proposals for funding, allocate budgets, and exercise accountability over all funds accruing to the MKNP (Section 11).
The PAMB coordinates with appropriate agencies, including regulating flight patterns over the area in terms of altitudinal limits and emissions (Section 11).
The PAMB retains legal counsel, permanently or temporarily, to defend cases and assist in legal matters involving the PAMB, PASu staff, and deputized individuals when sued in connection with performance of duties under this Act (Section 11).
DENR through the RED of Region VI ensures the PAMB acts within the scope of its powers and functions; if DENR administrative orders issued pursuant to the NIPAS Act conflict with PAMB rules or resolutions, the DENR Secretary decides whether to apply the DENR rule or withdraw its application from the MKNP (Section 11).

PASu powers and enforcement duties

The Office of the Protected Area Superintendent (PASu) exists within the DENR, headed by the PASu who serves as Chief Operating Officer of the MKNP (Section 12).
The PASu must have qualifications required for appointment to the DENR position of PENRO and is directly accountable to the PAMB and the RED of Region VI (Section 12).
The PASu must prepare the Management Plan; serve as head of the Secretariat for the PAMB by providing information necessary for PAMB decisions; and hire and supervise personnel to support operations included in the annual DENR budget (Section 12).
The PASu must develop and implement park information, education, and visitor programs (Section 12).
The PASu must enforce relevant MKNP laws and regulations and assist in the prosecution of offenses (Section 12).
The PASu must monitor all activities within the MKNP for conformity with the Management Plan (Section 12).
The PASu performs other functions assigned by the PAMB (Section 12).

ICC/IP ancestral domains and tenured migrants

ICCs/IPs’ rights in the MKNP to their ancestral lands and domains are recognized subject to existing and prior property rights (Section 13).
Traditional property regimes under ICCs/IPs customary laws govern relationships among individuals within communities regarding land and other resources found within ancestral lands and domains (Section 13).
The Act is construed liberally in favor of ICCs/IPs in line with MKNP preservation and conservation objectives (Section 13).
The Act does not impair, diminish, or derogate any prior or existing rights currently enjoyed by ICCs/IPs under existing laws (Section 13).

Tenurial instruments, limits, and restrictions

Tenured migrants are household members who have actually and continuously occupied the MKNP since June 1, 1987 and are solely dependent on the MKNP for livelihood (Section 14).
Tenurial instruments for official documentation issue over areas occupied or cultivated by the tenured migrant, but not to exceed a maximum of three (3) hectares (Section 14).
If zones where no occupation or other activities are allowed are designated, transfer to multiple-use zones must be accomplished using humanitarian considerations (Section 14).
Tenurial instruments must be community-based, limited solely to multiple-use zones, promote clustering, and comply with zoning and the Management Plan to provide a “social fence” against encroachment (Section 14).
Tenurial instruments and the rights and interests therein cannot be transferred, sold, leased, encumbered, or used as collateral, security, or joint venture capital; any such act renders the transaction void (Section 14).
The only allowed transfer of such rights is to direct descendants (Section 14).
Violation of terms and conditions of tenurial instruments or any provision of the Act, or abandonment by a tenured migrant, constitutes sufficient ground for revocation of the tenurial right (Section 14).
Upon cancellation for cause or voluntary surrender, the PASu must take immediate steps to rehabilitate the area to return it to its natural state prior to cultivation or other acts by the tenured migrant (Section 14).

Relocation and prioritization for occupants

Occupants who do not qualify as tenured migrants but have occupied the park prior to enactment must be relocated to multiple-use areas or available alienable and disposable (A and D) lands of the public domain proximal to their original abode (Section 14).
Occupants relocated within multiple-use zones qualify for usufruct use, while occupants relocated to A and D areas may apply for ownership titles (Section 14).
Park occupants are given priority in the government’s relocation programs (Section 14).

Prohibited acts and criminal penalties

The prohibitions and penalties apply within the MKNP under Section 15 (Section 15).
A person who hunts, collects, destroys, traps, disturbs, or possesses any wild plant or animal or product derived therefrom anywhere within the MKNP without prior PAMB permit is punishable by a fine of not less than P5,000 but not more than P500,000, and imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years (Section 15(A)).
A person who possesses without a PAMB permit any wild plant or animal or product derived therefrom outside the MKNP or in a zone where the species is not endemic is punishable under the same fine and imprisonment range (Section 15(A)).
A person who cuts, gathers, collects, or removes timber or other forest products, or undertakes any activity incompatible with the use of the respective zone, without prior PAMB permit is punishable under the same fine and imprisonment range (Section 15(A)).
Permits for timber/forest-product removal under the foregoing are valid only for one (1) month from issuance, either to tenured migrants within sustainable monitored and controlled quotas or for scientific purposes necessary for protected area management in accordance with existing guidelines, and outside strict protection zones (Section 15(A)).
A person who establishes or introduces exotic species with allelopathic effect or detrimental to endemic species, or without prior PAMB permit, is punishable under the same fine and imprisonment range (Section 15(A)).
A person who engages in kaingin or any activity that causes forest fire inside the MKNP is punishable under the same fine and imprisonment range (Section 15(A)).

Additional prohibited acts with fines and jail

A person who violates the Management Plan or any PAMB resolution, or vandalizes/mutilates/transports/destroys/excavates/intentionally damages natural formations or objects of natural beauty, or the burial or religious sites including artifacts and other objects belonging to ICCs/IPs, is punishable by a fine of not less than P5,000 but not more than P250,000, and/or imprisonment of not less than six (6) months but not more than six (6) years, plus restoration and rehabilitation of damage (Section 15(B)).
A person who dumps, burns, or otherwise disposes deleterious substances to the ecosystem, plants and animals, or human inhabitants in the protected area or in buffer and multiple use areas without appropriate authority or permit is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who uses or possesses motorized equipment anywhere within the Strict Protection Zone without prior PAMB permit is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who uses or possesses chainsaws and band saws without prior PAMB permit is punishable with the same penalty and restoration/rehabilitation requirement; permits may only be issued for multiple-use zones (Section 15(B)).
A person who grazes or raises poultry and other livestock for commercial purpose within the MKNP is punishable with the same penalty and restoration/rehabilitation requirement; existing farms within the MKNP must be phased out within five (5) years (Section 15(B)).
A person who damages or leaves roads and trails in damaged condition is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who occupies any portion of land inside the MKNP without prior PAMB permit, or clears, constructs residence, or introduces improvements is treated as prima facie evidence of occupation or settlement, and is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who alters, removes, destroys, or defaces boundaries, marks, or signs is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who constructs or maintains a building/edifice/structure or conducts any business enterprise within the MKNP without prior PAMB permit is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who enters the MKNP without prior PAMB permit for purposes of trekking, mountain climbing, camping, spelunking, and the like is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who conducts bioprospecting within the MKNP without prior PAMB permit in violation of existing guidelines is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).
A person who engages in treasure hunting within the MKNP is punishable with the same penalty and restoration/rehabilitation requirement (Section 15(B)).

Public officers who fail to prosecute

Any public officer or officer of law who, in dereliction of duty, maliciously refrains from instituting prosecution for punishment of violators, or tolerates the commission of offenses, is punishable by a fine of not less than P100,000 but not more than P500,000 and/or imprisonment of not less than six (6) months but not more than six (6) years (Section 15(B)).
Conviction of this offense carries perpetual disqualification from public office (Section 15(B)).

Enhanced penalties for protected species

Any unlawful act enumerated under Section 15(A) carries a higher penalty if the species involved is a protected species: imprisonment of not less than twelve (12) years and one (1) day but not more than twenty (20) years, and a fine of not less than P500,000 but not more than P1,000,000, plus accessory penalties (Section 15(B)).
Any citizen may institute the necessary charge against the offender for acts under Section 15(A) involving protected species (Section 15(B)).

Consequences on conviction and arrest authority

A conviction under Section 15 carries, in addition to fines and imprisonment, eviction from the MKNP, payment of damages for rehabilitation and restoration, and forfeiture of all equipment/devices/weapon(s) used in committing the offense and the protected area resources caught in possession of the accused (Section 15).
If the offender is not a citizen of the Philippines, the offender must be immediately deported to the country of origin after service of the sentence (Section 15).
If the offender is an association or corporation, the president or manager is directly responsible for the act of employees and laborers (Section 15).
The PASu or duly deputized personnel may arrest even without a warrant any person who has committed or is committing in their presence any of the offenses under this Section (Section 15).
The PASu or deputized personnel may seize and confiscate in favor of the Government the tools and equipment used in committing the offense and the resources caught in possession of the offender, and file the necessary charges (Section 15).
DENR may impose administrative fines and penalties in accordance with law (Section 15).
In conviction, fines and damages accrue directly to the IPAF as provided in the Act (Section 15).

Special prosecutors for MKNP violations

Within thirty (30) days from the effectivity of the Act, the Department of Justice designates a special prosecutor to whom all cases of violations of laws, rules, and regulations in the MKNP are assigned (Section 16).
The special prosecutor coordinates with the PAMB and the PASu, and assists in training wardens and rangers in arrest and criminal procedure (Section 16).

IPAF trust fund and allocations

The Act establishes a trust fund known as the Integrated Protected Areas Fund (IPAF) to finance projects of the system (Section 17).
All incomes generated from operation of the system or management of wild flora and fauna in the MKNP accrue to the IPAF (Section 17).
IPAF income includes proceeds from fees from permitted sale and export of flora and fauna and other resources from protected area and buffer zones other than protected species, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting the protected area, and other fees and incomes derived from operation of the protected area (Section 17).
The IPAF may be augmented by grants, donations, and endowments from domestic or foreign sources for purposes related to their functions (Section 17).
The Fund must be deposited as a special account in the national treasury.
Disbursements from the IPAF must be made solely for protection, maintenance, administration, and management of the system, and duly approved projects endorsed by the PAMB under applicable accounting and budgeting rules (Section 17).
No amount may be disbursed for the operating expenses of the Department and other concerned agencies (Section 17).
Current sources of revenue of LGUs are excluded from the IPAF (Section 17).
The PAMB disburses the IPAF, and twenty-five percent (25%) of the IPAF is for use of the national government for support of the National Integrated Protected Areas System, with twenty-five percent (25%) of that amount allocated to the LGUs comprising the MKNP (Section 17).

Existing facilities—reporting and fines

Within ninety (90) days from effectivity, commercial facilities existing within MKNP with total capitalization of not less than P100,000.00 must submit to the PAMB through the PASu a sworn statement containing: potential for disturbance of protected species and habitats, reproductive cycles, nesting and feeding grounds and migratory paths; noise