Title
Tirad Pass Protected Landscape Act
Law
Republic Act No. 11687
Decision Date
Apr 8, 2022
The "Tirad Pass Protected Landscape Act" establishes a protected area in Ilocos Sur, Philippines, with the aim of conserving and managing the land while promoting cooperation among various stakeholders, and includes the establishment of a management board, funding mechanisms, and implementation guidelines.
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Definitions

  • Buffer Zones: Areas adjacent to protected areas requiring development control to protect the core area.
  • Conservation: Acts of preserving and sustainably using wildlife and habitats.
  • Indigenous Cultural Communities/Indigenous Peoples: Groups sharing distinct cultural traits and occupying territories since time immemorial.
  • National Park: Public domain land classified for the conservation of native plants, animals, habitats, and cultural diversity.
  • Protected Area: Land and water with unique physical and biological significance managed for biodiversity.
  • Protected Landscape: Areas characterized by harmonious human-environment interaction with recreational and economic uses.
  • Tenured Migrants: Protected area occupants continuously residing for five years prior to the protected area designation and dependent on it for subsistence.

Area Classification and Coverage

  • TPPL lands are public domain and classified as national park under the Philippine Constitution (Art. XII, Sec. 3).
  • The boundaries are specifically detailed in the law, covering approximately 7,507.60 hectares across several municipalities in Ilocos Sur.

Buffer Zone Establishment

  • The DENR Secretary, upon PAMB recommendation, may designate buffer zones around the TPPL for added protection.
  • Private land owners within buffer zones must consider the protected area's management plan in their developments.

Creation and Composition of the Protected Area Management Board (PAMB)

  • To be established within 90 days of the law's effectivity.
  • Chaired by the DENR Regional Executive Director for Region I.
  • Includes provincial governor or representative, local government officials, congressional representatives, senators residing in the province, barangay chairpersons, and heads of various national agencies.
  • Incorporates representatives from NGOs/people's organizations, Indigenous communities recognized by NCIP, academia, and the private sector.
  • Terms and removal are governed by NIPAS laws (RA 7586 and RA 11038).

Powers and Functions of the PAMB

  • Oversee management of the TPPL.
  • Approve policies, plans, agreements, management plans, and ensure integration with local and national development plans.
  • Adopt operating manuals and committees.
  • Recommend deputations for law enforcement.
  • Manage budget, set fees, and resolve conflicts related to the TPPL.
  • Recommend policy changes to DENR and other authorities.
  • Monitor personnel performance and compliance of partners.
  • Designate or appoint the Protected Area Superintendent (PASu).
  • Promote communication of policies and ensure compliance.
  • DENR ensures PAMB acts within its powers; in conflicts, national administrative orders prevail.

Protected Area Management Office (PAMO) and Protected Area Superintendent (PASu)

  • PAMO established to manage daily operations of TPPL.
  • PASu appointed by DENR Secretary with permanent plantilla position.
  • PASu duties include preparing and implementing management plans, integrating TPPL plans with other government programs, providing secretariat services to PAMB, policy recommendations, maintaining databases, enforcing laws, monitoring activities, and issuing permits.
  • PASu collects fees and reports regularly to PAMB and DENR.
  • PAMO may be augmented by deputized local officers as recommended by PAMB and approved by DENR.

Tirad Pass Protected Landscape Integrated Protected Area Fund (TPPL-IPAF)

  • A trust fund for financing TPPL and NIPAS projects.
  • Income derived from fees on sale/export of flora and fauna, lease of multiple-use areas, industry contributions, and other TPPL-related fees.
  • 75% of revenues go to the TPPL Protected Area-Retained Income Account for local use; 25% to the National Treasury for NIPAS programs.
  • Fund augmented by grants and donations, with strict rules on disbursement and prohibition on use for personal services.
  • Local government units retain rights to collect traditional fees not enumerated herein.

Appropriations and Implementation

  • DENR Secretary to include implementation funding in its program and annual budget.
  • RA 7586 (NIPAS Law) applies suppletorily to this Act.
  • DENR Secretary to issue implementing rules and regulations within 90 days of effectivity, in consultation with local governments and agencies.

Miscellaneous Provisions

  • Separability Clause: Invalid provisions do not affect the rest of the law.
  • Repealing Clause: Conflicting laws and issuances are repealed or modified accordingly.
  • Effectivity: The law takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

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