Mt. Kitanglad Range Protected Area Act

State Policy and Objectives

Section 2 requires the State to ensure protection and preservation of Mt. Kitanglad Range, including communities, their culture, and way of life.
Section 2 requires protection and preservation in accord with the rhythm and harmony of nature.
Section 2 mandates that the State shall ensure protection of biodiversity and sustainable and participatory development.
Section 2 requires the State to advance and protect the interests of its legitimate inhabitants and honor customary laws.

Boundaries and Buffer Zones Defined

Section 3 defines the PA boundaries using a technical description with a Tie Line and a numbered list of bearing-distance segments.
Section 3 sets the total PA area at 312,351,929.57 sq. m. = 31,235.19 has.
Section 4 establishes buffer zones with their own technical description, also using a Tie Line and bearing-distance segments.
Section 4 sets buffer zone figures as: 47,270 has bounded by buffer zone, 31,235.19 has less protected area, and 16,034.81 has net buffer zone area.
Section 4 states buffer zones provide an extra protection layer where restrictions can apply, and where communities assist in repelling threats to the PA.
Section 4 requires buffer zones to be managed according to the management plan under Section 6.

Key Definitions for Implementation

Section 5 defines “Ancestral domain” as lands and natural resources occupied or possessed by indigenous cultural communities, by themselves or through their ancestors, under custom since time immemorial, including adjacent areas necessary for economic, social, and cultural welfare, except when interrupted by war, force majeure, or displacement by force, deceit or stealth.
Section 5 defines “Indigenous cultural communities” as tribes (including but not limited to Higaonon, Talaandig and Bukidnon) living on communally bounded and defined land since time immemorial, maintaining common bonds of language, customs, traditions, and other distinctive cultural traits.
Section 5 defines “Nonrenewable resources” as resources within the PA and buffer zones whose natural replenishment rate is not known or takes more than twenty-five (25) years.
Section 5 defines “Protected species” as individuals of Pithecophaga Jefferyi, or any species listed under CITES, or any plant/animal declared protected under Philippine laws, DENR rules, rules issued by the Protected Area Management Board (PAMB), or the management plan.
Section 5 defines “Nongovernment organization” and “People’s organization” by their stated character and purpose in advancing sectoral interests.
Section 5 defines “Public consultation” as a meeting or dialogue with concerned or affected individuals within and outside the PA designed to identify and resolve issues affecting them.
Section 5 defines “Secretary” as the Secretary of the DENR.

Management Plan and Succession Planning

Section 6 requires the Protected Area Superintendent (PASu) to prepare the management plan in coordination with appropriate DENR offices and local communities and tribal experts experienced in the area’s particular cultures.
Section 6 requires the management plan to be reviewed, approved, and adopted by the PAMB, and certified by the Secretary.
Section 6 makes Secretary certification mandatory if the plan conforms to all DENR national-application laws, rules, and regulations.
Section 6 prohibits revising or modifying the management plan without prior consultation with the PAMB.
Section 6 requires the management plan to be put into effect within one (1) year from the effectivity of the Act, following the General Management Planning Strategy (GMPS) under Republic Act No. 7586 and the procedure in Section 6.
Section 6 requires the management plan to contain, among others: (a) period of applicability; (b) key management issues; (c) goals and objectives aligned with Section 2; (d) site management strategy; (e) major management activities (including enforcement, habitat and wildlife management, sustainable use management, infrastructure development and maintenance, fire and pest control, etc.); (f) zoning; and (g) visitor management programs.
Section 6 requires zoning to give primary consideration to traditional zones used and recognized by indigenous cultural communities, and, when applicable, those sustainably used by tenured migrant communities unless the uses are detrimental to biodiversity and protection of natural characteristics.
Section 6 requires the PASu to prepare all successor plans and requires publication of notices for comments and suggestions on the next successor plan in a newspaper of local circulation and posting in provincial, municipal, barangay halls, and three (3) other public-frequented areas, at least two (2) years before expiration of the current plan.
Section 6 requires that public hearings on a successor plan may be conducted upon written request of any interested party, and requires the proposed plan to be made available for comment and the finalized plan to be available for public perusal at the PASu office upon PAMB approval.
Section 6 requires the management plan to be in a language understandable in the area, plainly written, and available for general public perusal at the PASu office.

Protected Area Governing Bodies

Section 7(A) makes the PAMB the policy-making body of the PA.
Section 7(A) provides the PAMB composition includes: the DENR regional executive director as chairman; barangay captains (or authorized representatives) with territory inside the PA; one (1) NGO/PO representative chosen from among the eight (8) municipalities with territory inside the PA and duly accredited; the DA regional director (or permanent authorized representative); the NCIP provincial officer; mayors (or authorized representatives) of towns/cities with territory inside the PA; the Land Bank of the Philippines provincial manager; one (1) representative for owners/operators of existing facilities chosen among themselves; the Provincial Planning and Development Officer as ex officio member endorsed by the governor; one (1) sangguniang panlalawigan representative elected among themselves; and one (1) representative from each indigenous cultural community chosen using customary practices.
Section 7(A) provides PAMB members serve for a term of five (5) years; members representing government officials or agencies serve according to the term of office of their principals unless sooner terminated by such officials.
Section 7(A) requires each member to represent and carry the vote of his or her sector in all matters.
Section 7(A) gives the PAMB these powers and functions: issue implementing rules and regulations; establish criteria and set fees for permits for regulated activities or under the management plan; adopt rules of procedure including committees; approve the management plan and oversee the PASu office; deputize interested individuals for enforcement; accept donations and approve proposals for funding and budget allocations with accountability over PA funds; coordinate with agencies on aircraft flight patterns including altitudinal limits and emissions; and retain legal counsel to assist the PAMB and PASu staff when sued in connection with duties under the Act.
Section 7(A) empowers the Secretary to exercise authority over the PAMB to ensure action within its scope.
Section 7(A) requires that when administrative orders of national application issued by DENR pursuant to Republic Act No. 7586 conflict with PAMB rules, the PAMB must notify the Secretary, who resolves the conflict.
Section 7(B) creates the PASu as a DENR employee and the chief operating officer of the PA.
Section 7(B) gives the PASu these powers and functions: prepare management and successor plans; provide a secretariat for the PAMB; hire and supervise necessary personnel supported by PAMB-approved budget; establish a productive partnership with local communities and interested groups for planning, protection, and management; develop and implement park information, education, and visitor programs; enforce PA-relevant laws and regulations and assist prosecution; monitor activities for conformity with the management plan; and perform other functions assigned by the PAMB.
Section 8, 9, 10, 11, 12, 13, 14, 15, 16 and other Sections impose further duties and constraints on PASu, PAMB, or government bodies.

Indigenous Rights and Ancestral Lands

Section 8 fully recognizes indigenous peoples’ rights to ancestral domains within the PA.
Section 8 mandates that traditional property regimes under customary laws govern relationships among individuals within indigenous cultural communities regarding land and resources in ancestral lands.
Section 8 allows an indigenous cultural community, through representatives under the PA governance structure, to apply for Certificates of Ancestral Domain Title (CADT) recorded similarly to Certificates of Title under the Property Registration Decree.
Section 8 requires CADTs to contain documentation, if any, of customary rights of the community.
Section 8 requires the DENR Department to issue implementing rules specifying admissible evidence to prove title, the process for documenting written and oral traditions for CADT inclusion, and the recognition of customary leadership.
Section 8 protects customary rights by requiring that implementing rules shall not impair, diminish, or effect deprivation of vested and customary rights.
Section 8 requires that nondocumentation of rights shall not preclude their exercise.
Section 8 provides there is no prescription for the exercise of ancestral domain rights.
Section 8 requires that, to resolve conflicts, recourse to customs shall be given preference with due consideration to cultural dynamism.
Section 8 establishes presumptions for ancestral lands, unless rebutted by clear and convincing evidence of documented or oral custom in a proper proceeding with due hearing: (a) lands occupied since time immemorial are ancestral; (b) customary law governs rights and obligations; (c) customary law rights and obligations are held collectively by the community; and (d) rights held by individuals under customary law are held in trust for the whole community.
Section 8 requires continued traditional and sustainable living to be sufficient consideration for the State in place for paying taxes on ancestral domains.
Section 8 requires real property taxes to accrue only when the PAMB determines upon a petition by an interested party that properties are commercially used and not in conformity with traditional and sustainable natural resource management practices.
Section 8 requires liberal construction in favor of indigenous cultural communities and their members due to differences in cultural and social worldview.

Tenured Migrants and Transient Farmers

Section 9 defines tenured migrants as household members who actually and continuously occupied the Mt. Kitanglad Range Protected Area since July 1, 1987 and are substantially dependent on the PA for livelihood.
Section 9 requires tenured migrant households to be issued a tenure instrument for areas occupied or cultivated since July 1, 1987 for official documentation of rights and extent of occupation.
Section 9 allows occupation and use under the tenure instrument for twenty-five (25) years, renewable for another twenty-five (25) years.
Section 9 requires that upon lapse, the holder may negotiate for a new instrument and PAMB evaluates occupancy for renewal.
Section 9 requires that if areas occupied by tenured migrants are designated zones where no occupation or other activities are allowed, transfer to multiple use zones or buffer zones shall be accomplished using humanitarian considerations.
Section 9 treats persons cultivating land in the PA since July 1, 1987 as occupying those lands and entitled to a tenure instrument restrictive to cultivation.
Section 9 limits such cultivation-only rights to transfer only to direct descendants.
Section 9 allows cancellation of tenured migrant instruments for violation of tenure terms and conditions upon repeated refusal to comply with the management plan or PAMB regulations, or by voluntary surrender of rights.
Section 9 requires that upon cancellation, PASu must take immediate steps to rehabilitate the area to return it to natural state prior to the cultivation or other act.
Section 9 provides tenured migrant instruments are transferable only to direct descendants and not divisible to numerous heirs.

Prohibited Acts and Criminal Penalties

Section 10 subjects violations to the penalties in Articles 309 and 310 of the Revised Penal Code, depending on the value of resources taken, damaged, or destroyed, for these acts done anywhere within the Mt. Kitanglad Range Natural Park without a permit from the PAMB:
- Hunting, destroying, trapping, disturbing, or possessing wild plants or animals or products derived therefrom, with permits allowed only for scientific purposes necessary for protected area management.
- Cutting, gathering, collecting, or removing timber or forest products without permit, with permits allowed only for scientific purposes necessary for protected area management.
- Possessing outside the PA wild plants or animals or products derived therefrom that came from the PA.
- Mineral exploration or extraction, drilling, or prospecting for minerals within the Mt. Kitanglad Range.
- Construction or maintaining any road, structure, fence, or enclosure without PAMB permit, with an exception that structures within ancestral domains used by indigenous cultural communities need not be under a PAMB permit.
- Altering, mutilating, excavating, removing, destroying, or defacing boundaries, marks, or signs; natural formations; burial grounds; religious sites; artifacts; objects belonging to indigenous cultural communities; and other objects of natural and scenic value; or affixing marks or signs on trees.
Section 10 requires valuation of damage to take into account biodiversity and conservation considerations and aesthetic and scenic value.
Section 10 provides that commission of these acts carries eviction from the PA and forfeiture of all transportation, structures, building materials, equipment, devices, weapons used, and PA resources caught in possession of the accused.
Section 10 gives a 50% share in disposition to the responsible LGU for imposition of penalties and for arrest and confiscation of materials, and requires the rest to accrue to the PAMB.
Section 10 imposes a fine of not less than PHP 100,000 but not more than PHP 500,000 and/or imprisonment of not less than one (1) year but not more than five (5) years for:
- Grazing, causing livestock to be grazed, or raising poultry within the PA without a PAMB permit.
- Any public officer or officer of the law who maliciously refrains from instituting prosecution for punishment of violators, or who tolerates commission of offenses; conviction carries perpetual disqualification from public office.
Section 10 provides that anyone who induces another or conspires to commit any prohibited act, or suffers workers to commit any prohibited act, is liable the same as the actual perpetrator.
Section 10 excludes from the prohibitions: activities contained in management plans and other measures necessary for protection, preservation, and protected area management as certified by the PAMB and the Secretary and undertaken by the PASu or persons deputized by the PAMB.
Section 10 excludes from prohibitions: certified customs and traditional practices of indigenous cultural communities.
Section 10 imposes a fine of not less than PHP 1,000 but not more than PHP 100,000 and/or imprisonment of not less than one (1) year nor more than five (5) years, plus restoration and rehabilitation of the damage, for these acts:
- Violating any rule or regulation in the PAMB management plan or agreements reached before the PAMB in its adjudicative functions.
- Dumping, burning, or disposing of waste products, vegetation, or materials within the PA to the detriment of inhabitants, plants, or animals.
- Using motorized equipment without a permit, except motorized use of a motorized vehicle in areas where the national highway, provincial road, or other public thoroughfare traverses the park, provided such thoroughfares were legally constructed.
- Occupying any portion of land inside the PA without a PAMB permit, provided the occupation is of a nature to last more than ten (10) days in a particular portion of the PA.
- Entry into the PA without a PAMB permit.

Contracts, Prosecution, and LGU Participation

Section 11 declares invalid the purchase, sale, encumbrance, mortgage, usufruct, or lease of lands within the PA to persons outside the PA not otherwise qualified to hold lands therein, unless verified and validated by the PAMB.
Section 11 limits PAMB verification and validation by dependence on subsisting rights to enter into such contracts due to vested rights, customary practices, or individual ownership prior to establishment of the area as protected area.
Section 12 requires the Department of Justice, within thirty (30) days from effectivity, to designate a special prosecutor for PA violations.
Section 12 requires the special prosecutor to coordinate with the PAMB and PASu and assist in training wardens and rangers in arrest and criminal procedure.
Section 12 authorizes the PAMB to appoint a special private prosecutor on a case-to-case basis to assist the public prosecutor.
Section 13 requires LGUs to participate in PA management through representation in the PAMB.
Section 13 preserves LGUs’ ordinance-making powers over the territory covered by the Act but requires due consideration to protected area management objectives.
Section 13 requires mediation through the PAMB if conflict between LGU ordinances/objectives and PA management objectives remains unresolved within the PAMB.

IPAF Funding and Existing Facilities

Section 14 makes the following revenues part of the Integrated Protected Area Funds (IPAF) and subject to IPAF rules upon accrual:
- Proceeds from special land use and resource utilization and real property taxes from commercially used ancestral domains, as set by the PAMB.
- Fees from permitted collection of wild flora and fauna and other sources within the PA, as set by the Department and the PAMB.
- Fees from industries and facilities directly benefiting from the PA.
- Fines and fees (including PA entry and visitor’s fees), as imposed and collected from PA operations and set by the PAMB.
- Contributions, donations, endowments, and grants from any legal source intended for PA operations.
Section 14 requires LGUs to continue imposing and collecting all other fees not enumerated herein that they traditionally collected (business permits, property taxes, rentals of LGU facilities).
Section 14 allows LGUs to charge add-ons to fees imposed by the PAMB, provided add-ons are determined based on the LGU contribution to PA maintenance and protection.
Section 15 requires that within thirty (30) days from effectivity, all commercial facilities existing within PA boundaries with total capitalization exceeding PHP 100,000 submit to the PAMB through PASu specified documents and information, including: initial environmental examination and environment compliance certificate; waste cycle; fuel requirements and transportation of fuel within the PA; personnel and expected personnel traffic; project life cycle; exit or repair plans for degraded structure; studies on operational effects on wildlife; development plans; mitigating measures against adverse environmental impact; and other relevant information affecting protected area management.
Section 15 states failure to submit required information constitutes a violation of the Act.
Section 15 requires the PAMB, with help of DENR, to determine whether the facility’s existence and future plan and operation will be detrimental to the PA, based on submission.
Section 15 authorizes the PAMB to prescribe conditions for facility operation so it does not contradict protected area management objectives.
Section 15 provides that violation of prescribed conditions triggers: a fine of PHP 5,000 for every day of violation and an order to cease operation.
Section 15 provides that upon reaching a total fine of PHP 500,000, the PAMB through PASu and deputizing other government entities must cause demolition of the facility at the cost of its owners.
Section 15 allows existing facilities allowed to remain in the PA to be charged a reasonable fee by the PAMB embodied in a Memorandum of Agreement between the PAMB and the facility owner.
Section 15 requires that all income derived from such fees accrue to the IPAF.

Nonrenewable Resources and Energy Projects

Section 16 prohibits exploration for, exploitation of, or utilization of nonrenewable resources within the PA.
Section 16 allows energy projects, whether renewable or otherwise, only through an act of Congress.
Section 16 exempts exploitation, exploration, or renewable energy up to three (3) megawatts capacity from the act-of-Congress requirement.

Congressional Appropriations and Construction Rules

Section 17 requires that funds necessary to carry out the Act be included in the General Appropriations Act in the year following enactment.
Section 18 requires that provisions be construed liberally in favor of tenured migrants and indigenous cultural communities, with due consideration to biodiversity protection.
Section 18 provides Republic Act No. 7586 has supplementary effect in implementing the Act.

Repeal, Separability, and Transitory Rights

Section 19 modifies all inconsistent laws, rules, and regulations accordingly.
Section 19 supersedes the prohibitions and penalties under Republic Act No. 7586 for the entire area covered by the Act.
Section 20 provides separability: if any part is declared unconstitutional, remaining parts remain effective.
Section 21 provides a transitory rule for persons who do not qualify as tenured migrants, transient farmers, or who have no ancestral domains within the PA: they may harvest fruits or crops planted before effectivity of the Act.
Section 21 requires that thereafter, planted crops of such unqualified persons be confiscated and proceeds accrue to the IPAF.

Effectivity Through Translation and Publication

Section 22 requires translation of the Act in Filipino, Cebuano and Binukid.
Section 22 requires publication once every week for three (3) consecutive weeks in a newspaper of general circulation readily available in the areas in and around the scope of the PA and buffer zone.
Section 22 requires posting for the same three (3) weeks in the appropriate language in conspicuous places in provincial, municipal, and barangay halls within the area, and in three (3) other places frequented by the public.
Section 22 provides that the Act takes full force and effect fifteen (15) days after the last publication.