AN ACT DECLARING THE PROVINCE OF KALINGA IN THE CORDILLERA REGION AS A TOURISM DEVELOPMENT AREA (TDA) AND APPROPRIATING FUNDS THEREFOR

Case Overview and Summary

Summary of Republic Act No. 10561

An Act Declaring the Province of Kalinga in the Cordillera Region as a Tourism Development Area (TDA) and Appropriating Funds Therefor

- Declaration of Policy (Section 2)
• The State shall promote a tourism industry that is ecologically sustainable, responsible, participative, culturally sensitive, economically viable, and equitable for local communities.

- Scope and Coverage (Section 3)
• The following areas in the Province of Kalinga are declared as Tourism Development Areas (TDAs):
    • Municipality of Tinglayan: Palan-ah Falls, Hot Springs, and mountain ranges (Section 3)
    • Municipality of Tanudan: Mt. Binaratan rainforest for trekking (Section 3)
    • Municipality of Balbalan: Subterranean rivers and caves (Section 3)
    • Municipality of Pinukpuk: Aguinaldo Hill and mountain lakes (Section 3)
    • Chico River from Tinglayan to Lubuagan, Pasil, and Tabuk City for white water rafting (Section 3)
    • City of Tabuk: Historical areas (Section 3)
    • Municipality of Pasil: Padharao Lake and Guina-ang Village (Section 3)
    • Municipality of Rizal: Elephant Hill and man-made lagoon (Section 3)
• These areas shall be accorded priority development by the Department of Tourism (DOT) and subject to rules and regulations governing tourism zones (Section 3).

- Tourism Development Plan of Kalinga (Section 4)
• The Tourism Development Plan of Kalinga shall be incorporated in the DOT's National Tourism Development Plan (NTDP) pursuant to Republic Act No. 9593 ("National Tourism Act of 2009") (Section 4)
• The plan shall be jointly implemented with the local government and the Provincial Tourism Council of Kalinga, considering Republic Act No. 7586 ("National Integrated Protected Areas System Act of 1992") and its implementing rules and regulations (Section 4)
• The DOT, in coordination with the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) and other concerned agencies, shall delineate well-defined geographic areas within the TDA and coordinate the integrated development of these areas for optimum use of natural assets, attractions, and existing facilities (Section 4).

- Kalinga Tourism Development Trust Fund (Section 5)
• A trust fund called the "Kalinga Tourism Development Trust Fund" is established to finance projects that shall enhance tourism in the Province of Kalinga (Section 5)
• The trust fund shall be administered by a trust fund administrator under the Provincial Tourism Council of Kalinga (Section 5)
• Income sources include fees from visitors/tourists, other resources from the province, proceeds from registration and lease of multiple-use areas, including tourism concessions, fees, proceeds, and contributions from industries and facilities directly benefiting the province (Section 5)
• The trust fund may be augmented by grants, donations, endowments from various sources, domestic or foreign entities, and individuals (Section 5)
• Disbursements shall follow existing accounting and auditing rules and regulations, and the fund shall not be used to cover personal services expenditures (Section 5).

- Appropriations (Section 6)
• The Secretary of the DOT shall include the implementation of this Act in the Department's program, and the funding shall be included in the annual General Appropriations Act and/or internally generated funds of the DOT (Section 6).

- Separability Clause (Section 7)
• Any provision of this Act that may be declared unconstitutional shall not affect the effectivity of the other provisions (Section 7).

- Repealing Clause (Section 8)
• All laws, executive orders, presidential decrees, rules and regulations, and other issuances contrary to or inconsistent with this Act shall be deemed repealed or modified accordingly (Section 8).

- Effectivity Clause (Section 9)
• This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation (Section 9).