Title
Supreme Court
Establish Mt. Malindang Natural Park as Protected Area
Law
Republic Act No. 9304
Decision Date
Jul 30, 2004
Republic Act No. 9304 designates Mt. Malindang Natural Park as a protected area in Misamis Occidental, aiming to preserve its unique biological resources and promote sustainable development, while the technical descriptions of parcels of land provide precise information about the location and size of these areas, although the connection to a specific law or regulation is unclear.

Law Summary

Classification and Scope of the Protected Area

  • Mt. Malindang Natural Park is classified as a "Natural Park" as per the National Integrated Protected Areas System (NIPAS) Act.
  • The protected area covers lands in various cities and municipalities within Misamis Occidental.
  • Detailed geographic boundaries and technical descriptions define the natural park and its buffer zones.
  • The aggregate protected area covers approximately 34,694 hectares; the buffer zone covers approximately 118,334 hectares.

Definitions

  • Ancestral Domain: Lands and natural resources possessed communally or individually by indigenous cultural communities since time immemorial.
  • Indigenous Cultural Communities: Groups such as the Subanens, with distinctive languages, customs, and traditions living since time immemorial.
  • Nonrenewable Resources: Natural resources with unknown or replenishment periods exceeding twenty-five years.
  • Protected Species: Plants and animals protected under Philippine laws and international conventions like CITES.
  • NGOs and POs: Defined organizations engaged in civic, developmental, or marginalized sectors.
  • Public Consultation: Dialogues involving affected individuals to identify and resolve issues.

Management Planning

  • The Protected Area Superintendent (PASu) prepares the management plan with DENR, technical experts, local communities, and tribal experts.
  • The plan requires approval by the Protected Area Management Board (PAMB) and certification by the DENR Secretary.
  • The plan includes goals, management strategies, zoning, enforcement activities, visitor management, and sustainability.
  • Public participation is mandatory for revising or creating successor plans.
  • Zoning respects traditional zones of indigenous and tenured migrant communities unless detrimental to biodiversity.

Institutional Mechanisms and Governance

  • Establishment of a Protected Area Management Board (PAMB) as the policy-making body.
  • PAMB composition includes DENR, local government representatives, NGOs, POs, other government agencies, indigenous community representatives.
  • Board members serve five-year terms; government officials have ex officio membership.
  • PAMB’s powers include rule-making, approving management plans, recommending enforcement personnel, managing funds, and legal representation.
  • DENR oversees PAMB activities; conflicts between DENR and PAMB rules resolve by DENR Secretary decision.

Protected Area Superintendent Office

  • The PASu is the chief operating officer responsible for implementation, staffing, partnerships, enforcement, and administration.
  • Duties include preparation of management plans, secretariat functions for PAMB, personnel supervision, community partnerships, educational programs, monitoring, and law enforcement.

Indigenous Peoples' Rights and Ancestral Domains

  • Indigenous peoples’ rights to ancestral domain are fully recognized.
  • Customary laws govern relationships over ancestral lands and resources.
  • Presumptions favor ancestral land occupancy, communal holding, and trust arrangements for individual rights.
  • Traditional sustainable living exempts payment of taxes.
  • Provisions are liberally construed in favor of indigenous cultural communities.

Tenured Migrants and Transient Farmers

  • Tenured migrants are occupants since June 1, 1987, dependent on the park for livelihood.
  • Issuance of tenure instruments for up to 25 years, renewable for another 25 years, covering occupied or cultivated lands.
  • Instruments may be canceled for non-compliance; areas must be rehabilitated post-cancellation.
  • Rights under tenure instruments are transferable only to direct descendants or nearest kin.
  • Transient farmers cultivating land since June 1, 1987, have restricted tenure rights with limited transfer.

Prohibited Acts and Penalties

  • Hunting, trapping, possession of wild flora/fauna without permits is prohibited.
  • Unauthorized cutting, gathering, or removal of timber or forest products is prohibited.
  • Mineral exploration or extraction is banned within the park.
  • Construction of roads or structures without PAMB permits is prohibited; ancestral domain constructions exempt.
  • Violators face penalties under the Revised Penal Code and NIPAS Act, including eviction, fines, and confiscation of materials.
  • Local government units share 50% of proceeds from penalties and confiscations.

Land Transactions

  • Purchase, sale, mortgage, or lease of lands within the protected area to outsiders not qualified to hold lands are null and void.

Special Prosecutors

  • The Department of Justice shall designate a special prosecutor within 30 days to handle violations in the park.
  • Coordination with PAMB and PASu is mandatory; special private prosecutors may assist.

Role of Local Government Units (LGUs)

  • LGUs participate in park management via PAMB representation.
  • LGUs retain ordinance-making powers subject to park management objectives.
  • Conflicts unresolved in PAMB must undergo mediation.

Integrated Protected Area Fund (IPAF)

  • Establishment of IPAF as a special trust fund for park protection, maintenance, and management.
  • 75% of collected funds form the Mt. Malindang Natural Park Subfund, exempt from National Treasury deposit.
  • Sources: fees from resource use, fines, donations, visitor fees, and contributions.
  • LGUs may impose additional fees related to their contributions.

Use of Nonrenewable Resources

  • Exploration, exploitation, or use of nonrenewable resources within the park is prohibited.
  • Energy projects require an Act of Congress for authorization.

Appropriations

  • An annual budget of ₱7,660,122 is allocated for Mt. Malindang Natural Park implementation.

Construction of Provisions

  • The Act is construed liberally to favor tenured migrants and indigenous communities while protecting biodiversity.
  • The NIPAS Act supplements implementation.

Repealing Clause

  • Laws inconsistent with this Act in relation to Mt. Malindang are modified accordingly.
  • NIPAS Act prohibitions and penalties are superseded within the Mt. Malindang area.

Separability Clause

  • If any part of the Act is declared unconstitutional, the rest remains effective.

Transitory Provisions

  • Persons not qualifying as tenured migrants or transient farmers may harvest previously planted crops but thereafter lose rights.
  • Proceeds from confiscated crops accrue to the IPAF.

Effectivity

  • The Act takes effect upon approval.

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