Title
Mt. Kanla-on Natural Park protection law
Law
Republic Act No. 9154
Decision Date
Aug 11, 2001
Republic Act No. 9154 establishes Mt. Kanla-on as a protected natural park in Negros, prioritizing the conservation of its diverse biological resources and the cultural heritage of its indigenous communities through sustainable management practices.
A

Definitions

  • Bioprospecting: Research and utilization of biological/genetic resources for scientific or commercial purposes.
  • Commercial: Market sale exceeding basic subsistence needs.
  • Exotic Species: Species not native to the MKNP biogeographic region.
  • ICCs/IPs: Indigenous cultural communities/indigenous peoples specifically Atis and Bukidnons in MKNP.
  • Natural Park: A large area preserved for its natural and scenic values without extractive resource use.
  • Non-Renewable Resources: Resources within MKNP without known natural replenishment rate.
  • PAMB: Protected Area Management Board governing MKNP.
  • PASu: Protected Area Superintendent, chief operating officer of MKNP.
  • Tenured Migrant: Person continuously occupying land within MKNP for at least 5 years before its designation and dependent on it for subsistence.

Declaration and Boundaries

  • Mt. Kanla-on declared a Natural Park under NIPAS Act.
  • The law provides an extensive and specific geographical boundary description covering parts of Negros Occidental and Negros Oriental.
  • Total area of approximately 24,388 hectares.

Buffer Zone Establishment

  • A 169-hectare buffer zone is established primarily for geothermal energy exploration and other activities.
  • Geothermal projects require legislative approval and adherence to environmental and forestry laws.
  • Areas not directly used for geothermal purposes remain under PAMB jurisdiction.
  • Geothermal project proponents must contribute to the Integrated Protected Area Fund (IPAF).
  • PAMB participates in monitoring geothermal operations per environmental laws.

Management and Planning

  • MKNP management vested in PAMB, ensuring consultative, participatory management.
  • Local governments participate through representation; environmental ordinances must align with MKNP goals and plans.
  • Management Plan:
    • Long-term framework (30 years with 5-year reviews) guiding all activities within MKNP.
    • Includes zoning, enforcement, habitat management, livelihood regulation, and protection of ICCs/IPs and tenured migrants.
    • PASu responsible for preparing the plan.
    • Plan must be certified by DENR and made publicly accessible in multiple languages.

Zoning

  • Zoning prioritizes conservation, protection of habitats, and tenurial considerations.
  • Zones demarcated with community and stakeholder participation using GIS and modern tech.

Institutional Mechanisms

  • PAMB:
    • Policy-making body composed of DENR, governors, mayors, barangay captains, NGOs, POs, ICC/IP representatives, and PNOC EDC representative.
    • Executive Committee (Execom) manages delegated powers.
    • Terms for non-government members are generally 5 years or coterminous with projects.
    • Meetings held regularly with reimbursement of expenses from MKNP budget.

PAMB Functions

  • Enact rules and regulations.
  • Issue permits consistent with the Management Plan.
  • Recommend fees, approve projects, adopt procedures, accept donations.
  • Deputize individuals for enforcement.
  • Coordinate with other agencies.
  • Retain legal counsel for legal defense.
  • DENR ensures PAMB acts within its powers and resolves conflicts.

Protected Area Superintendent (PASu)

  • PASu serves as chief operating officer accountable to PAMB and DENR.
  • Prepares Management Plan.
  • Heads PAMB Secretariat.
  • Supervises personnel.
  • Fosters community partnerships.
  • Develops information and visitor programs.
  • Enforces laws and monitors compliance.

Ancestral Lands and Tenured Migrants

  • ICCs/IPs' rights to ancestral lands recognized, respecting customary laws and existing property rights.
  • Rights construed liberally in favor of ICCs/IPs and consistent with conservation.
  • Tenured migrants continuously occupying MKNP before June 1, 1987, and dependent on it qualify for limited tenurial instruments up to 3 hectares within multiple-use zones.
  • Transfer of tenurial rights restricted to direct descendants.
  • Violations or abandonment may lead to revocation with area rehabilitation.
  • Non-qualifying occupants to be relocated with priority in government programs.

Prohibited Acts and Penalties

  • Hunting, collecting, possessing protected flora/fauna without permits; illegal logging; introduction of exotic harmful species; kaingin (slash-and-burn) practices are prohibited.
  • Violations of Management Plan, vandalism, pollution, unauthorized motorized equipment use, illegal building, trespassing, bioprospecting without PAMB permit, and treasure hunting also prohibited.
  • Penalties include fines P5,000 to P500,000 and imprisonment 6 months to 12 years based on offense.
  • More severe penalties (12 to 20 years imprisonment, P500,000 to P1,000,000 fines) apply if protected species are involved.
  • Offender equipment and caught resources forfeit, and offenders may be deported if foreign nationals.
  • PASu and deputies granted authority to arrest without warrant and confiscate; DENR may impose administrative fines.
  • Public officials who neglect duty to prosecute violators face fines, imprisonment, and perpetual disqualification.

Special Prosecutors

  • DOJ to designate a special prosecutor for MKNP violation cases within 30 days.
  • Special prosecutor to coordinate with PAMB and PASu and assist in training enforcement personnel.

Integrated Protected Areas Fund (IPAF)

  • Trust fund for financing MKNP projects.
  • Funded by fees from resource use, leases, contributions from benefiting industries, and donations.
  • Managed by PAMB, deposited in the national treasury.
  • Utilized solely for MKNP protection, maintenance, and approved projects.
  • 25% allocated for national NIPAS support; 25% allocated to LGUs in MKNP.
  • Local government revenue streams excluded from IPAF.

Existing Facilities

  • Commercial facilities with capitalization over P100,000 must submit detailed operational info to PAMB.
  • PAMB with DENR assess environmental impact, may impose operational conditions.
  • Violations subject to fines up to P500,000; facilities may be ordered demolished at owners’ cost.
  • Facilities reliant on MKNP resources may be charged fees, revenues to IPAF.

Utilization of Resources

  • Subsistence use of MKNP resources by ICCs/IPs and tenured migrants allowed except for protected species or ecosystem threat.
  • Livelihood activities only allowed if sustainable and PAMB-approved.
  • Only non-timber products for livelihood use.
  • Commercial exploitation of resources prohibited unless PAMB-approved and compliant with environmental laws.
  • Commercial water resource use requires PAMB approval and EIS compliance.

Appropriations and Legal Provisions

  • DENR Secretary to include MKNP implementation in the department program funded by IPAF and General Appropriations Act.
  • Act to be liberally interpreted in favor of ICCs/IPs and tenured migrants.
  • NIPAS Act serves as supplementary law.
  • Any unconstitutional provision does not affect the rest of the Act.
  • Incumbent PAMB continues until new PAMB is convened within 3 months.
  • Implementing rules and regulations to be prepared within 3 months by DENR in coordination with stakeholders.
  • All inconsistent laws repealed or modified.
  • Act to be translated and published in multiple languages, effective 15 days after last publication and posting.

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