AN ACT DECLARING THE PROVINCE OF BILIRAN AS A TOURISM DEVELOPMENT AREA (TDA) AND PROVIDING FUNDS THEREFOR

Case Overview and Summary

Summary of Republic Act No. 10409

An Act Declaring the Province of Biliran as a Tourism Development Area (TDA) and Providing Funds Therefor

Title and Policy (Sections 1 and 2):
- The Act shall be known as "An Act Declaring the Province of Biliran as a Tourism Development Area (TDA)".
- It declares the policy of promoting an ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and equitable tourism industry for local communities.
- The State shall ensure the full implementation of this Act, support the establishment of Tourism Enterprise Zones (TEZ), and mobilize resources for institutional mechanisms to attract investment within the TDA.

Scope and Coverage (Section 3):
- The TDAs in Biliran include, but are not limited to, the following areas:
    - Higatangan Island in Naval, covering 487.46 hectares.
    - Sambawan Island in Maripipi, covering 1.4 hectares.
    - Cabucgayan Boardwalk in Cabucgayan, covering 4.73 hectares.
    - Casabangan Falls in Cabucgayan, covering 0.18 hectares.
    - Tinago Falls in Caibiran, covering 0.46 hectares.
    - Bagongbong Falls in Almeria, covering 0.21 hectares.
- The technical descriptions will be subject to ground survey and verification by the DENR-NAMRIA.

Tourism Development Plan (Section 4):
- The Tourism Development Plan of Biliran shall be incorporated into the DOT's National Tourism Development Plan (NTDP) and jointly implemented with the Local Government and Provincial Tourism Council of Biliran.
- The implementation shall consider Republic Act No. 7586 (National Integrated Protected Areas System Act of 1992) and its implementing rules and regulations.

Biliran Tourism Development Trust Fund (Section 5):
- A Biliran Tourism Development Trust Fund is established to finance projects enhancing tourism in Biliran.
- The Trust Fund shall be administered by a Trust Fund Administrator under the Provincial Tourism Council of Biliran.
- Income sources include fees from visitors/tourists, permitted sale and export of flora and fauna, proceeds from registration and lease of multiple-use areas, and contributions from industries and facilities benefiting the province.
- The Trust Fund may be augmented by grants, donations, and endowments from various sources.
- Disbursements shall follow existing accounting and auditing rules and regulations.
- The Trust Fund shall not be used to cover personal services expenditures.

Implementing Rules and Regulations (Section 6):
- The DOT Secretary, together with the DENR Secretary, in consultation with stakeholders, shall promulgate the necessary rules and regulations for the proper implementation of this Act.

Appropriations (Section 7):
- The DOT Secretary and the DENR Secretary shall immediately include the implementation of this Act in their respective programs, with funding included in the annual General Appropriations Act.

Repealing Clause (Section 8):
- The provision of Proclamation No. 1801, VIII(2) inconsistent with this Act is hereby amended accordingly.

Separability Clause (Section 9):
- If any part or section of this Act is declared unconstitutional, any other provisions not affected shall remain in full force and effect.

Effectivity Clause (Section 10):
- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a national newspaper of general circulation.