Mt. Kitanglad Range Protected Area Act

The Mt. Kitanglad Range Protected Area (PA) is legally defined with precise boundaries using surveyed tie lines.
The area covers approximately 31,235.19 hectares.
Modifications to boundaries require an act of Congress after full consultation with affected parties.

Establishment of buffer zones surrounding the PA totaling about 47,270 hectares, leaving a net buffer zone of around 16,034.81 hectares after subtracting the protected area.
Buffer zones serve as extra protective layers where restrictions may apply and community involvement is encouraged.
Buffer zone management follows the management plan set by the Act.

Ancestral Domain: Lands and resources occupied by indigenous cultural communities (ICCs) since time immemorial, including adjacent necessary areas.
Indigenous Cultural Communities: Tribes such as Higaonon, Talaandig, Bukidnon with common cultural traits who have continuously inhabited their lands.
Nonrenewable Resources: Resources in the PA and buffer zones with unknown or over 25-year natural replenishment rates.
Protected Species: Species declared protected under local or international law, including those in CITES and Philippine laws.
Nongovernment Organizations (NGOs) and People's Organizations (POs) defined based on their social roles.
Public Consultation: Meetings/dialogues with affected individuals for resolving issues.
Secretary: Secretary of the Department of Environment and Natural Resources (DENR).

The Protected Area Superintendent (PASu) prepares the management plan in coordination with DENR, local communities, and tribal experts.
The Management Plan is subject to review, approval by the Protected Area Management Board (PAMB), and certification by the DENR Secretary.
Plan specifics include goals, strategies, zoning, law enforcement, habitat management, visitor programs, etc.
Public consultation is required before revising the management plan.
Traditional zones of indigenous communities are primary considerations in zoning.

The Protected Area Management Board (PAMB) serves as the policy-making body, headed by the DENR regional executive director.
PAMB composition includes barangay captains, NGO/PO representatives, agriculture and indigenous peoples' representatives, local government officials, and indigenous community representatives.
PAMB members serve five years, holding sectoral representation.
Powers include rulemaking, fee setting, plan approval, law enforcement, funding management, and legal counsel retention.
The PA Superintendent (PASu) manages day-to-day operations, enforces regulations, monitors activities, and liaises with communities.

Full recognition of indigenous peoples' rights to ancestral domains.
Traditional property regimes govern land and resource relations per customary laws.
Indigenous communities can apply for Certificates of Ancestral Domain Title (CADT), recorded similarly to land titles.
Documentation includes customary rights and leadership recognition but does not diminish vested rights.
Non-documentation does not preclude exercise of rights; cultural dynamism is acknowledged.
Presumptions favor indigenous occupation and customary laws.
Real property taxes apply only when commercial use is established, not for sustainable traditional livelihoods.
The law favors indigenous cultural communities liberally.

Tenured migrants: households continuously occupying PA since July 1, 1987.
Issuance of tenure instruments valid for 25 years, renewable, covering areas already occupied or cultivated.
Transfers limited to direct descendants; non-divisible among multiple heirs.
Cancellation of instruments for violations; mandatory habitat rehabilitation upon cancellation.
Transient farmers cultivating land since July 1, 1987, entitled to tenure instruments restricted to cultivation.

Prohibited activities include unauthorized hunting, gathering, timber cutting, mineral exploration, construction without permits, and altering protected area markers or cultural sites.
Penalties align with Revised Penal Code Articles 309 and 310, including fines, imprisonment, eviction, and forfeiture of implements and caught resources.
Grazing and poultry raising without permit are punishable with heavy fines and imprisonment; public officers neglecting enforcement face perpetual disqualification.
Inducers and conspirators hold equal liability.
Activities under the approved management plan or certified indigenous customs are exempted.
Other violations with lesser fines and imprisonment include rule violations, waste dumping, motorized equipment use without permits, unauthorized occupation, and entry without permits.

Sale, encumbrance, or lease to non-qualified persons within PA is invalid unless verified and validated by PAMB.
Validation considers vested rights or customary ownership prior to PA establishment.

The Department of Justice must designate a special prosecutor within 30 days to handle all violations in the PA.
The special prosecutor coordinates with PAMB and PASu and assists in training law enforcement personnel.
Optional special private prosecutors may be appointed on a case-by-case basis.

LGUs participate in PA management through PAMB representation.
LGUs retain ordinance-making powers over their areas but must consider PA management objectives.
Unresolved conflicts are subject to mediation.

IPAF comprise proceeds from land use fees, taxes on commercially used ancestral domains, fines, visitor fees, and donations.
LGUs continue collecting traditional fees and may charge additional fees based on their contribution to PA maintenance.

Commercial facilities above P100,000 capitalization must submit environmental and operational reports to PAMB.
PAMB may impose operational conditions and fines (P5,000/day) for violations, potentially ordering cessation and demolition at owner's cost.
Permitted facilities may be charged fees contributing to IPAF.

Exploration and exploitation of nonrenewable resources strictly prohibited within PA.
Energy projects require an act of Congress, except renewable energy projects up to 3 megawatts.

Funding necessary for law implementation is included in the General Appropriations Act following enactment.

The Act is construed liberally in favor of tenured migrants and indigenous communities while protecting biodiversity.
Supplementary effect from Republic Act No. 7586 applies.

Persons without tenure or ancestral rights may harvest crops planted before the Act's effectivity.
Future plantings by unqualified persons will be confiscated with proceeds accruing to IPAF.

The Act is translated into Filipino, Cebuano, and Binukid languages.
It requires three publications in a general circulation newspaper and posting in public places within and surrounding the PA.
The Act takes effect 15 days after final publication.