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.