Tirad Pass Protected Landscape Act

Policy and creation of TPPL

The State declares a policy to secure for the Filipino people, for present and future generations, the perpetual existence of all native plants and animals through protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park under the Constitution (Section 2).
The Act recognizes the biological resources (flora and fauna), and the aesthetic and ecological importance, of Tirad Pass National Park (Section 2).
A parcel of land located in the municipalities of Gregorio del Pilar, Quirino, Sigay, Cervantes, and Suyo, Province of Ilocos Sur, is declared a protected area with the category of protected landscape, known as the Tirad Pass Protected Landscape (TPPL) (Section 2).
The State shall ensure conservation, protection, management, and rehabilitation of the TPPL (Section 2).
Effective administration of the TPPL requires cooperation among national government, LGUs, concerned NGOs, private entities, and local communities (Section 2).
Use and enjoyment of the TPPL must be consistent with the principles of biological diversity and sustainable development (Section 2).
The State shall ensure full implementation, mobilization of resources for institutional mechanisms, and full scientific and technical support for conservation of biodiversity and ecosystem integrity, culture, and indigenous practices (Section 2).

Definitions and key terms

Buffer zones are identified areas outside the boundaries of and immediately adjacent to designated protected areas that need special development control to avoid or minimize harm to the protected area (Section 3[a]).
Conservation means preservation and sustainable utilization of wildlife, or maintenance, restoration, and enhancement of habitats (Section 3[b]).
Indigenous cultural communities/Indigenous peoples are groups sharing common bonds of language, customs, traditions, and other distinctive cultural traits, who have since time immemorial occupied, possessed, and utilized a territory (Section 3[c]).
National park refers to land of the public domain classified as such in the Constitution, including all NIPAS areas, primarily designated for conservation of native plants and animals, their associated habitats, and cultural diversity (Section 3[d]).
Protected area means an identified portion of land and water set aside due to unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation (Section 3[e]).
Protected landscape means an area of national significance characterized by harmonious interaction of human, land, and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities (Section 3[f]).
Tenured migrants are protected area occupants who have been actually, continuously and presently occupying a portion of the protected area for five (5) years before the proclamation or law establishing it as a protected area, and are solely dependent therein for subsistence (Section 3[g]).

Classification and legal status as national park

The TPPL consists of a parcel of land of the public domain located in the municipalities of Gregorio del Pilar, Quirino, Sigay, Cervantes, and Suyo, Province of Ilocos Sur (Section 4).
All land of the public domain within the coverage and scope of the TPPL falls under the classification of national park as provided in Article XII, Section 3 of the Constitution (Section 4).

Boundaries and geographic coverage

The TPPL boundaries begin at a point marked “1” on the map at S 85 43' 7" E, 1367.107 meters from PRS92 Control Monument “ILS 27”, with geographic coordinates 17 08'59.33395" Latitude and 120 36'31.07504" Longitude located in Barangay Poblacion, Municipality of Gregorio del Pilar, Province of Ilocos Sur (Section 5).
The boundaries are defined by a continuous series of geodetic directions and distances from corner 1 through corner 150, returning to corner 1 (Section 5).
The TPPL has an area of seven thousand five hundred seven and 60/100 (7,507.60) hectares, more or less (Section 5).
The TPPL is specifically associated with the municipalities of Gregorio del Pilar, Quirino, Sigay, Cervantes, and Suyo, Province of Ilocos Sur (Sections 2 and 4).

Buffer zones and their requirements

The DENR Secretary may designate areas surrounding the TPPL as buffer zones upon the recommendation of the PAMB, to provide an extra layer of protection through where restrictions may be applied (Section 6).
If a designated buffer zone would cover private lands, owners must design their development with due consideration to the protected area management plan (Section 6).

TPPL management boards and offices

A Protected Area Management Board (PAMB) must be created within ninety (90) days from the effectivity of the Act to oversee the management of the TPPL (Section 7).
The PAMB is chaired by the DENR Regional Executive Director for Region I (Section 7[a]).
The PAMB includes the Governor of the Province of Ilocos Sur (or duly authorized representative), and members from Senators and congressional district representatives representing where the TPPL is located (Sections 7[b]–7[d]).
The PAMB includes the Mayors of the municipalities of Gregorio del Pilar, Quirino, Sigay, Cervantes, and Suyo (or duly authorized representatives), and the Chairpersons of all barangays with territorial jurisdiction over the TPPL (Sections 7[e]–7[f]).
The PAMB includes Regional Directors of the following governing agencies: DA, NEDA, DOST, PNP, DND, DOT, and NHCP (Section 7[g]).
The PAMB includes three (3) representatives from either NGOs or POs, based in Ilocos Sur, duly accredited by DENR and the provincial government, existing for at least five (5) years with track record in or related to protected area management (Section 7[h]).
The PAMB includes at least one (1) but not more than three (3) representatives from all ICC/IP present in the area and recognized by the NCIP (Section 7[i]).
The PAMB includes one (1) representative from an academic institution (preferably in Ilocos Sur) with proven track record in or related to protected area management (Section 7[j]).
The PAMB includes one (1) representative from the private sector (preferably a resident of Ilocos Sur) distinguished in a profession or field relevant to protected area management (Section 7[k]).
The terms of office and grounds for removal of PAMB members are governed by Republic Act No. 7586 (“National Integrated Protected Areas System Act of 1992”), as amended by Republic Act No. 11038 (“Expanded National Integrated Protected Areas System Act of 2018”) (Section 7).

PAMB powers, functions, and oversight

The PAMB shall oversee the management of the TPPL (Section 8[a]).
The PAMB shall approve policies, plans, programs, proposals, agreements, and other related documents for management of the TPPL (Section 8[b]).
The PAMB shall approve the TPPL management plan and ensure harmonization and integration with the Ancestral Domain Sustainable Development and Protection Plan, land use plan, and other public or private development plans and ensure implementation (Section 8[c]).
The PAMB shall adopt a manual of operations including rules of procedure and the creation of committees with their respective terms of reference (Section 8[d]).
The PAMB shall recommend deputation of appropriate agencies and individuals for enforcement of laws, rules, and regulations governing the TPPL (Section 8[e]).
The PAMB shall allocate financial resources for implementation of the management plan and manage the Protected Area Retention Income Account and other funds in accordance with applicable accounting and budgeting rules (Section 8[f]).
The PAMB shall set fees and charges in accordance with existing guidelines (Section 8[g]).
The PAMB shall issue rules and regulations for the resolution of conflicts through appropriate and effective means (Section 8[h]).
The PAMB shall recommend policy changes to DENR and other government authorities related to TPPL management (Section 8[i]).
The PAMB shall monitor and assess performance of the Protected Area Superintendent (PASu) and other personnel, and compliance of partners with terms and conditions of any undertaking, contract, or agreement relative to projects or activities within the TPPL (Section 8[j]).
The PAMB shall recommend the designation or appointment of the PASu from among a shortlist of qualified candidates (Section 8[k]).
The PAMB shall assess the effectiveness of TPPL management (Section 8[l]).
PAMB LGU and national agency members must inform their constituents/offices/sectors of PAMB-approved and other relevant policies, rules, regulations, programs, and projects, and must ensure compliance and use of the Act and its implementing rules as reference framework in their own plans, policies, programs, and projects (Section 8).
Failure of such PAMB members to comply with the duty to inform and ensure compliance becomes a basis for disciplinary action under administrative rules and such penalties as the PAMB may provide (Section 8).
The DENR, through the Regional Director, shall ensure that the PAMB acts within the scope of its powers and functions (Section 8).
If there is a conflict between PAMB resolutions and existing administrative orders of national application, the existing administrative orders of national application shall prevail (Section 8).

PAMO operations and PASu duties

A Protected Area Management Office (PAMO) is established to manage TPPL day-to-day operations, headed by the Protected Area Superintendent (PASu) (Section 9).
The PASu holds a permanent plantilla position and is appointed by the DENR Secretary (Section 9).
The DENR Secretary shall appoint a sufficient number of support staff with permanent plantilla positions to assist the PASu (Section 9).
The PASu is primarily accountable to the PAMB and the DENR for management and operations (Section 9).
The PASu shall prepare the management plan (including the annual work and financial plan) in consultation with stakeholders and ensure its implementation (Section 9[a]).
The PASu shall ensure integration of TPPL management plans, programs, projects, and policies with relevant national and LGU plans and programs (Section 9[b]).
The PASu shall provide secretariat services to the PAMB and its committees and ensure availability of relevant and timely information for decision-making (Section 9[c]).
The PASu shall formulate and recommend to the PAMB proposed policies, rules, regulations, and programs (Section 9[d]).
The PASu shall establish, operate, and maintain a database management system as a basis for decision-making (Section 9[e]).
The PASu shall enforce relevant laws, rules, and regulations for the TPPL, commence and institute administrative and legal actions in collaboration with other government agencies or organizations, and assist in prosecution of offenses for violations of the Act (Section 9[f]).
The PASu shall monitor, evaluate, and report implementation of management activities (Section 9[g]).
The PASu shall request for and receive technical assistance, support, or advice from government agencies or instrumentalities, academic institutions, NGOs, and the private sector as necessary for effective management, protection, and administration (Section 9[h]).
The PASu shall issue permits and clearances for activities implementing the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the PAMB (Section 9[i]).
Permits for extraction activities, including collection for research purposes, shall continue to be issued by relevant authorities, subject to prior clearance from the PAMB through the PASu, and in accordance with the specific acts to be covered (Section 9[i]).
The PASu shall collect and receive pertinent fees, charges, donations, and other income for the TPPL, and report them regularly to the PAMB and the DENR in accordance with existing guidelines (Section 9[j]).
The PASu shall prepare and recommend to the PAMB approval of the annual work and financial plans of the TPPL based on the management plan (Section 9[k]).
The PASu shall perform other functions assigned by the PAMB and the DENR (Section 9[l]).
The PAMO may be augmented by deputized local environment and natural resources officers upon recommendation of the PAMB and approval of the DENR (Section 9).

Integrated Protected Area Fund revenues and allocation

A trust fund called the Tirad Pass Protected Landscape Integrated Protected Area Fund (TPPL-IPAF) is established to finance projects of the TPPL and the NIPAS (Section 10).
All income generated from operation and management of wild flora and fauna in the TPPL accrues to the TPPL-IPAF (Section 10).
Income to the TPPL-IPAF includes fees from permitted sale and export of flora and fauna and other resources from the TPPL, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the TPPL, and other fees and income derived from operations (Section 10).
The PAMB retains seventy-five percent (75%) of revenues raised, deposited to the Protected Area-Retained Income Account (PA-RIA) in an authorized government depository bank within the locality (Section 10).
Disbursements from PA-RIA deposits must be used solely for protection, maintenance, administration, and management of the TPPL, and for implementation of duly approved PAMB projects (Section 10).
The remaining twenty-five percent (25%) of revenues is deposited as a special account in the general fund in the National Treasury for financing NIPAS programs and projects (Section 10).
The TPPL-IPAF may be augmented by grants, donations, and endowment from various sources, domestic or foreign (Section 10).
Augmentation funds must be deposited in full as a special account in the National Treasury, and disbursements must be made solely for protection, maintenance, administration, and management of the NIPAS and duly approved projects endorsed by the PAMB, in accordance with accounting, budgeting, and auditing rules (Section 10).
The fund shall not be used to cover personal services expenditures (Section 10).
LGUs continue to impose and collect all other fees not enumerated in the Act that they have traditionally collected, such as property business permits, property tax, and rentals of LGUs’ facilities (Section 10).

Appropriations, NIPAS suppletory rules, and IRR

The DENR Secretary must include the implementation of the Act immediately in the Department’s program, and the implementation must be funded through the annual General Appropriations Act (Section 11).
The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, apply to this Act suppletorily (Section 12).
Within ninety (90) days from effectivity, the DENR Secretary shall issue the corresponding rules and regulations for effective implementation, in consultation with the local governments of the municipalities of Gregorio del Pilar, Quirino, Sigay, Cervantes, and Suyo, the provincial government of Ilocos Sur, and concerned national government agencies (Section 13).

Separability, repeals, and effectivity

If any section or provision of the Act is held unconstitutional or invalid, the remaining sections or provisions not affected continue in full force and effect (Section 14).
All laws, decrees, letters of instruction, executive orders, rules and regulations, and other issuances or parts inconsistent with the Act are repealed or modified accordingly (Section 15).
The Act takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation (Section 16).