AN ACT ESTABLISHING MOUNTS BANAHAW AND SAN CRISTOBAL IN THE PROVINCES OF LAGUNA AND QUEZON AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE

Case Overview and Summary

Summary of Republic Act No. 9847 (Mts. Banahaw - San Cristobal Protected Landscape Act of 2009)

Title and Declaration of Policy
• The Act shall be known as the "Mts. Banahaw - San Cristobal Protected Landscape (MBSCPL) Act of 2009". (Section 1)
• It declares the policy of the State to ensure the protection and conservation of the Banahaw and San Cristobal mountains, including their educational, aesthetic, biodiversity, cultural and religious importance. (Section 2)

Scope and Coverage
• The boundaries of the MBSCPL are defined, covering parts of Quezon and Laguna provinces. (Section 3)
• The total land area covered is 10,900.59 hectares. (Section 3)

Land Classification and Buffer Zones
• All lands comprising the MBSCPL shall fall under the classification of National Park. (Section 4)
• Buffer zones surrounding the MBSCPL shall be established to provide an extra layer of protection. (Section 5)

Definitions
• The Act provides definitions for various terms used, such as biodiversity, biological resources, bioprospecting, buffer zones, by-products or derivatives, collection, conservation, ecosystem, endangered species, endemic species, exotic species, habitat, hunting, management board, management plan, MBSCPL, MBSCPL fund, mineral, multiple-use zone, NIPAS, NIPAS Act, national park, nongovernmental organization, people's organization, protected area, PAMB, PASu, protected landscape, quarrying, special use zone, strict protection zone, tenured migrants, and wildlife. (Section 6)

Management Plan
• A Management Plan shall be promulgated as the basic long-term framework plan for the management of the MBSCPL. (Section 7)
• The Management Plan shall contain various components, such as the category of the protected area, period of applicability, key management issues, goals and objectives, site management strategy, major management activities, zoning, and visitor management programs. (Section 7)
• The Management Plan shall be prepared by the PASu in coordination with appropriate offices, local communities, and NGOs, and shall be reviewed and approved by the PAMB and certified by the DENR Secretary. (Section 7)

Management of the MBSCPL
• A Protected Area Management Board (PAMB) is created to have jurisdiction, power, and authority over the MBSCPL. (Section 8)
• The composition of the PAMB is specified, including representatives from various government agencies, LGUs, NGOs, academic institutions, and religious groups. (Section 8)
• The powers and functions of the PAMB are outlined, including issuing rules and regulations, approving the management plan, establishing criteria and fees, recommending deputization, approving fees and charges, managing the MBSCPL Fund, and recommending policy changes. (Section 9)

Protected Area Superintendent (PASu) Office
• A PASu Office is established within the DENR Regional Office to be in charge of the management, protection, and administration of the MBSCPL. (Section 10)
• The duties and responsibilities of the PASu are specified, including enforcing laws and regulations, preparing management plans, providing secretariat for the PAMB, monitoring activities, recommending permits, and ensuring integration of policies and programs. (Section 10)

Pilgrimage
• People who enter the MBSCPL for cultural and religious purposes shall be regulated by the PAMB, which shall designate areas where such activities are allowed. (Section 11)

MBSCPL Fund
• A revolving fund called the MBSCPL Fund is established to finance projects in the MBSCPL. (Section 12)
• Income sources for the fund are specified, including fees from visitors, permitted sale and export of resources, proceeds from registration and lease of multiple-use areas, and contributions from industries and facilities benefiting the MBSCPL. (Section 12)
• The fund may be augmented by grants, donations, and endowments, and disbursements shall be made solely for the protection, maintenance, administration, and management of the MBSCPL. (Section 12)

Tenured Migrants and Other MBSCPL Stakeholders
• Tenured migrants shall be eligible to become stewards of portions of lands within allowable zones. (Section 13)
• The PAMB shall identify, verify, and review all tenurial instruments, land claims, and permits for resource use within the MBSCPL and recommend the issuance of appropriate tenure instruments. (Section 13)
• Provisions are made for the transfer of tenured migrants to multiple-use zones or buffer zones if their occupied areas are designated as zones where no occupation or activities are allowed. (Section 13)
• The PASu shall rehabilitate areas vacated by tenured migrants. (Section 13)

Existing Facilities Within the MBSCPL
• Existing facilities within the MBSCPL shall submit project descriptions to the PAMB. (Section 14)
• The PAMB shall determine whether the existence of such facilities and their future plans and operations will be detrimental to the MBSCPL or whether conditions for their operation shall be imposed. (Section 14)
• Fines and penalties are specified for violations of conditions imposed on existing facilities. (Section 14)
• Existing facilities allowed to remain may be charged a reasonable royalty by the PAMB. (Section 14)

Renewable and Nonrenewable Resources
• Any exploration and exploitation or utilization of nonrenewable resources, including mining, within the MBSCPL shall not be allowed. (Section 15)
• Renewable energy projects within the MBSCPL shall be permitted only through an act of Congress, except for energy from wind, sun, and water sources, and not more than 3 megawatt capacity for mini-hydro power, subject to certain conditions. (Section 15)

Special Prosecutor and Retained Counsel
• The Department of Justice shall appoint a special prosecutor to handle cases of violation of laws, rules, and regulations in the MBSCPL. (Section 16)
• The PAMB may retain the services of counsel to prosecute and/or assist in the prosecution of cases and defend the members of the PAMB, PASu, and staff. (Section 16)

Local Government Units
• The LGUs within the MBSCPL shall participate in its management through representation in the PAMB. (Section 17)
• The LGUs may appropriate portions of their share from the annual internal revenue allotment and other income for use of the MBSCPL. (Section 17)

Prohibited Acts and Penalties
• The Act specifies various prohibited acts within the MBSCPL, such as taking, destroying, collecting, disturbing or possessing wild plants or animals, cutting or removing timber or forest products, possessing or transporting such resources, undertaking mineral exploration or extraction, engaging in quarrying, hunting or collecting endangered or protected species, conducting bioprospecting without approval, engaging in kaingin or causing forest fires, and establishing or introducing exotic species. (Section 18)
• Penalties, including fines and imprisonment, are prescribed for various prohibited acts. (Section 18)
• Provisions are made for the confiscation of conveyances, vessels, equipment, and other devices used in committing prohibited acts. (Section 18)
• The penalties specified in this Act are in addition to the penalties contained in other related laws. (Section 18)
• Conviction of a public officer or officer of the law shall carry the accessory penalty of perpetual disqualification from public office. (Section 18)

Reporting Responsibility
• The PASu, through the PAMB, shall submit an annual accomplishment report to the DENR Secretary on the activities undertaken in the MBSCPL. (Section 19)

Appropriations
• The DENR Secretary shall immediately include the implementation of this Act in the DENR's program, and the funding shall be included in the annual General Appropriations Act. (Section 20)

Construction and Suppletory Application of Existing Laws
• The provisions of this Act shall be construed liberally in favor of the protection and rehabilitation of the MBSCPL and the conservation and restoration of its biological diversity, taking into account the needs and interests of qualified tenured migrants. (Section 21)
• The NIPAS Act shall have suppletory effect in the implementation of this Act. (Section 21)

Transitory Provision
• The DENR shall cease to issue concessions, licenses, permits, clearances, or any other instrument that allows exploitation and utilization of resources within the MBSCPL until the Management Plan is put into effect. (Section 22)
• All existing land-use and resource use permits within the MBSCPL shall be reviewed and shall not be renewed upon their expiration unless consistent with the Management Plan and approved by the PAMB. (Section 22)

Repealing Clause
• The provisions of Republic Act No. 7586 (NIPAS Act) are modified in accordance with the provisions of this Act. (Section 23)
• All other laws, rules, and regulations inconsistent with this Act are repealed or modified accordingly. (Section 23)
• The prohibitions and penalties under the NIPAS Act are superseded for the entire area covered by this Act. (Section 23)

Separability Clause
• If any part or section of this Act is declared unconstitutional, such declaration shall not affect the other parts or sections. (Section 24)

Effectivity Clause
• This Act shall take effect immediately upon its complete publication in a national newspaper of general circulation available in the MBSCPL. (Section 25)