Title
Establishing Mts. Banahaw-San Cristobal Protected Area
Law
Republic Act No. 9847
Decision Date
Dec 11, 2009
The Mts. Banahaw-San Cristobal Protected Landscape Act of 2009 aims to protect and preserve the Banahaw and San Cristobal mountains in the Philippines, establishing a management plan, buffer zones, and penalties for prohibited acts to ensure the conservation of biodiversity and ecosystem integrity.
A

Scope and Coverage of the Protected Landscape

  • Declares specific boundaries covering areas in municipalities in provinces of Laguna and Quezon.
  • Total protected area comprises approximately 10,900.59 hectares divided into two parcels.
  • Technical description and ground markings to be made by DENR.
  • Changes to coverage require an act of Congress after public consultation.

Land Classification

  • Entire area classified as National Park under the Philippine Constitution.

Buffer Zones

  • Establishment of buffer zones around the protected landscape to provide additional protection.
  • Management of buffer zones in accordance with the management plan.

Definitions

  • Provides comprehensive definitions of key terms such as biodiversity, biological resources, bioprospecting, buffer zones, by-products, conservation, ecosystem, endangered species, endemic species, exotic species, habitat, hunting, management board, management plan, MBSCPL Fund, mineral, multiple-use zone, NIPAS, national park, NGO, PO, protected area, PAMB, PASu, protected landscape, quarrying, special use zone, strict protection zone, tenured migrants, and wildlife.

Management Plan

  • Mandates formulation of a Management Plan for the MBSCPL as a long-term framework.
  • Plan must be prepared by the PASu with input from DENR offices, local communities, and NGOs.
  • Approval by PAMB and certification by DENR Secretary required.
  • Public consultation process mandated before plan adoption or revision.

Management Board (PAMB)

  • Creation of a multi-sectoral Protected Area Management Board with representation from DENR, LGUs, NGOs, academic institutions, and religious groups.
  • Members serve five-year terms; government officials serve coterminous terms.
  • Responsibilities include policy-making, enforcement, coordination, and fund management.
  • Members reimbursed for expenses but receive no salaries.

Powers and Functions of PAMB

  • Issue and enforce rules and regulations.
  • Resolve conflicts and adopt procedural rules.
  • Approve management plan and oversee PASu office.
  • Set fees and issue permits.
  • Deputize individuals for enforcement.
  • Manage MBSCPL Fund and recommend policy changes.
  • DENR oversees PAMB's compliance with law.

Protected Area Superintendent (PASu) Office

  • Established within DENR Regional Office to manage, protect, and administer MBSCPL.
  • PASu is chief operating officer, accountable to PAMB.
  • Duties include data management, plan preparation, enforcement, monitoring, permit recommendations, coordination, and other delegated functions.
  • Can deputize community leaders and officers for enforcement.

Regulation of Pilgrimage

  • Cultural and religious activities allowed in designated parts of the protected landscape.
  • Such activities regulated by PAMB with terms and conditions.

MBSCPL Fund

  • Creation of a revolving fund from fees, proceeds, and contributions.
  • 75% of income to be retained by PAMB for management; 25% remitted to central Integrated Protected Areas Fund.
  • Fund can be augmented by grants and donations.
  • Use restricted to protection, maintenance, administration, and projects; excluding personal services.
  • LGUs may impose additional fees but not property taxes on covered lands.

Tenured Migrants and Stakeholders

  • Tenured migrants eligible to be stewards in allowed zones.
  • PAMB to verify and issue tenure instruments consistent with zoning.
  • Provision for humane transfer if zones prohibit occupation.
  • PASu to submit list of tenured migrants within three months of enactment.

Existing Facilities Within the MBSCPL

  • Existing facilities must submit documentation to PAMB within 60 days.
  • PAMB to assess and impose conditions; violation leads to fines and possible demolition.
  • Facilities allowed to remain may be subject to royalties benefiting the MBSCPL Fund.

Resource Utilization

  • Mining and exploitation of nonrenewable resources within MBSCPL prohibited.
  • Renewable energy projects permitted only by Congress, except small-scale wind, solar, and mini-hydro power with conditions.

Legal Prosecution and Counsel

  • DOJ to appoint a special prosecutor for MBSCPL-related violations.
  • PAMB may retain counsel for prosecution and defense related to MBSCPL activities.

Role of Local Government Units (LGUs)

  • LGUs participate via representation in PAMB.
  • May allocate internal revenue and income for MBSCPL use.
  • LGU funds exempt from remittance to central fund.

Prohibited Acts and Penalties

  • Illegal taking, destruction, or possession of resources without permits strictly penalized with fines and imprisonment.
  • Prohibition of hunting except for scientific research.
  • Various destructive acts including quarrying, introduction of exotic species, forest fires, illegal occupancy, and damage to sites penalized.
  • Chainsaw possession without permit prohibited.
  • Violators subject to administrative confiscation of equipment and fines.
  • Penalties are cumulative with other Philippine environmental laws.
  • Public officers convicted face perpetual disqualification.

Reporting and Appropriations

  • PASu to report annually to DENR Secretary via PAMB.
  • DENR Secretary to allocate funds for Act implementation in General Appropriations.

Construction and Supplementary Application

  • Act to be liberally construed in favor of protection and rehabilitation of MBSCPL.
  • NIPAS Act serves as supplementary law.

Transitory Provision

  • DENR to halt issuance of new resource use permits until management plan is effective.
  • Existing permits reviewed and not renewed if inconsistent.

Repealing and Separability Clauses

  • Modifies provisions of NIPAS Act as applicable to MBSCPL.
  • Inconsistencies with existing laws repealed or modified.
  • Court rulings that declare parts unconstitutional do not affect remaining provisions.

Effectivity

  • Act takes effect upon publication in national newspaper accessible in MBSCPL area.

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