AN ACT DECLARING THE MIMBILISAN WATERSHED LOCATED IN THE MUNICIPALITIES OF BALINGOAN AND TALISAYAN

Case Overview and Summary

Summary of Republic Act No. 9494 (The Mimbilisan Protected Landscape Act)

Title and Policy Declaration
- The law is known as "The Mimbilisan Protected Landscape Act". (Section 1)
- It declares the policy of protecting the Mimbilisan Watershed and advancing the right to a balanced ecology by establishing it as a protected landscape under the National Integrated Protected Areas System (NIPAS). (Section 2)

Coverage and Boundaries
- The boundaries and area of the Mimbilisan Protected Landscape are specified, covering 660,000 square meters or 66 hectares within Barangay Mapua, Municipality of Balingoan, Misamis Oriental. (Section 3)

Definitions
- The law provides definitions for key terms such as biological diversity, buffer zones, management plans, indigenous peoples, protected areas, and tenured migrants. (Section 4)

Management
- The management is vested in the Protected Area Management Board (PAMB), which serves as the highest policy-making body. (Section 5)
- The composition and term of the PAMB members are specified. (Section 6)
- The powers and functions of the PAMB are outlined, including issuing rules and regulations, setting fees, identifying buffer zones, approving management plans, deputizing individuals for enforcement, and accepting donations. (Section 7)
- A Protected Area Superintendent's Office is established to manage, protect, and administer the area, with specified powers and functions. (Section 8)
- The management plan and its contents, including zoning and visitor management programs, are detailed. (Section 8)

Existing Facilities and Resource Utilization
- Existing facilities within the protected area may be charged fees by the PAMB. (Section 9)
- Exploration and exploitation of non-renewable resources are not allowed, while renewable energy projects up to 3 megawatts are permitted. (Section 10)

Prohibited Acts and Penalties
- Various prohibited acts within the protected area are listed, such as hunting, cutting trees, mineral exploration, construction without permits, and altering natural formations. (Section 11)
- Penalties, including fines ranging from ₱100,000 to ₱500,000 and/or imprisonment of 1 to 5 years, are specified for different violations. (Section 11)

Enforcement and Funding
- The Department of Justice shall designate a special prosecutor for cases involving violations. (Section 12)
- The Mimbilisan Protected Area Fund is established to finance projects, with income sources such as visitor fees, permitted resource sales, and contributions. (Section 13)

Implementation and Miscellaneous Provisions
- The DENR Secretary shall include the implementation of the Act in the Department's program and funding. (Section 14)
- The law shall be construed liberally in favor of protection and rehabilitation, taking into account the needs of tenured migrants. (Section 15)
- Transitory provisions are provided to ensure sustainability and integrity of the watershed until the management plan is in effect. (Section 16)
- Separability, repealing, and effectivity clauses are included. (Sections 17-19)