Law Summary
Legal Framework for Devolution
- Republic Act No. 7160 (Local Government Code of 1991) promotes decentralization by encouraging the transfer of powers from national government to local government units (LGUs).
- Republic Act No. 9025 converted the Municipality of Alaminos into a component city, thus placing the HINP, Lucap Bay, and marine reserve within the territorial jurisdiction of the City Government of Alaminos, Pangasinan.
Transfer of Authority and Administration
- The management, administration, maintenance, and operation of the HINP, including all related activities, facilities, and improvements, are officially transferred from PTA to the City Government of Alaminos.
- The transfer covers all areas under Proclamation Nos. 667, 2183, and 2237, encompassing the entire HINP and associated protected zones.
Employee Transition Arrangements
- The City Government of Alaminos may absorb PTA-HINP employees deemed necessary for continuing park operations.
- Employees not absorbed may continue working at PTA if still needed; otherwise, they receive separation pay and benefits per civil service rules.
Administrative Control and Regulation
- The City Government of Alaminos exercises full control, administration, supervision, and discretionary authority over the HINP, including awarding and regulating activities and concessions.
- This control extends to Lucap Bay and its foreshore area.
Prohibited Acts Concerning HINP
- The City Government of Alaminos is prohibited from encumbering, mortgaging, or alienating any part of the HINP.
- Use of the park is restricted exclusively to recreation and tourism-related activities.
Revenue Generation and Utilization
- All revenues and collections from HINP operations accrue solely to the City Government of Alaminos.
- Such funds must be used exclusively for the park’s management, maintenance, operation, and development.
Environmental Coordination and Compliance
- Given that HINP is a protected area under the National Integrated Protected Areas System (NIPAS) Act (Republic Act No. 7586), the City Government of Alaminos must coordinate with the Department of Environment and Natural Resources (DENR).
- Coordination is mandatory in the preparation and implementation of management plans as required under R.A. 7586.
Continued Support from National Agencies
- The Department of Tourism (DOT), PTA, and DENR shall continue providing promotional support and technical assistance for HINP’s operation and development.
Repealing and Effectivity Clauses
- All executive issuances, rules, or regulations inconsistent with this order are repealed, amended, or modified accordingly.
- The Executive Order takes effect immediately upon issuance.