AN ACT DECLARING MT. HAMIGUITAN RANGE AND ITS VICINITIES AS PROTECTED AREA UNDER THE CATEGORY OF WILDLIFE SANCTUARY AND ITS PERIPHERAL AREAS AS BUFFER ZONE AND APPROPRIATING FUNDS THEREFOR

Case Overview and Summary

Summary of Mt. Hamiguitan Range Wildlife Sanctuary Act of 2004

Establishment and Declaration of Policy (Sec. 2-3)
- Declares certain parcels of land in Mati, San Isidro and Governor Generoso, Davao Oriental as the Mt. Hamiguitan Range Wildlife Sanctuary and its peripheral areas as buffer zone.
- Recognizes the importance of protecting and maintaining natural biologically unique features to sustain human life, plant and animal life.
- The protected area and buffer zone shall become part of the National Integrated Protected Areas System (NIPAS).

Definition of Terms (Sec. 4)
- Defines key terms such as "NIPAS", "protected area", "buffer zone", "wildlife sanctuary", "Indigenous Cultural Community", "natural park", "tenured migrants", "biodiversity", "Protected Area Management Board", and "private rights".

Management Plan (Sec. 5)
- Requires the DENR to prepare a management plan and manual consistent with the General Management Planning Strategy.
- The plan shall be approved by the Protected Area Management Board (PAMB) and certified by the DENR Secretary.

Administration and Management (Sec. 6)
- Outlines the roles and responsibilities of the DENR, PAMB, DENR Regional Executive Director, and Protected Area Superintendent's Office in administering and managing the protected area.
- The PAMB shall be the highest policy-making body composed of various stakeholders.

Existing Facilities and Ancestral Lands (Sec. 7-8)
- Existing facilities shall be inventoried, assessed, and monitored by the PAMB.
- Ancestral lands and domain within the protected area shall be recognized and managed pursuant to the Indigenous Peoples Rights Act.

Tenured Migrants and Other Activities (Sec. 9-10)
- Tenured migrants may become stewards of portions of land within production zones designated by the DENR.
- Proposals for activities like construction of dams, irrigation, etc. shall be subject to an environmental impact assessment before implementation.

Local Government Units (Sec. 11)
- LGUs within the protected area shall follow the management plan and not pass ordinances to amend it.
- Any development proposals by LGUs shall be reviewed and approved by the PAMB.

Integrated Protected Areas Fund (Sec. 12)
- Establishes the Integrated Protected Areas Fund (IPAF) to finance projects of the protected area system.
- The fund shall be derived from fees, proceeds, contributions, grants, and donations.

Special Prosecutors and Prohibited Acts (Sec. 13-14)
- The Department of Justice shall designate special prosecutors to prosecute violations.
- Lists prohibited acts within the protected area such as cutting timber, squatting, unlawful occupation, hunting, dumping waste, using motorized equipment without permit, and mining.

Penalties (Sec. 15)
- Violators shall be fined not less than ₱5,000 nor more than ₱500,000, or imprisoned for 1 to 6 years, or both, as determined by the court.
- The offender shall also be required to restore or compensate for the damage.

Appropriations and Transitory Provisions (Sec. 16-17)
- The DENR Secretary shall include the implementation of this Act in its program, funded by the IPAF.
- All regular DENR personnel assigned to the Mt. Hamiguitan Range Wildlife Sanctuary prior to this Act shall form part of the regular staff.

Separability Clause, Repealing Clause, and Effectivity (Sec. 18-20)
- Contains standard legal provisions for separability, repealing inconsistent laws, and the effectivity date of the Act.