Section 1. Title. — This Act shall be known as the "Batanes
Protected Area Act of 2000."
Sec.
2. Declaration of Policy. — Pursuant to Republic Act
No. 7586, it is hereby declared the policy of the State to regulate the
utilization of fishery and marine resources, aggregates, wild flora and
fauna, culture and indigenous knowledge, historical artifacts and
sites, ensure the continuity of endangered, threatened and rare species
and preserve Ivatan heritage towards the end of conserving, protecting
and preserving the scenic, cultural, historical and archeological
features of the Batanes Group of Islands including the diverse
terrestrial and marine ecosystem thereof for the benefit of its people
and humankind.
The
classified forest lands comprising the Batanes Protected Area shall be
within the national park classification under the Constitution. Public
lands classified as agricultural and alienable and disposable upon the
passage of this Act shall remain as such and may be disposed of under
the law.
Sec.
3. Scope. — The boundaries of the Batanes Protected
Area are as follows:
From
pt. 1 21º 11' 09" latitude
121º 56' 37" longitude
pt.
2 21º 09' 19" latitude
122º 00' 24" longitude
pt.
3 21º 06' 58" latitude
122º 01' 16" longitude
pt.
4 21º 03' 13" latitude
121º 59' 47" longitude
pt.
5 21º 01' 18" latitude
121º 59' 03" longitude
pt.
6 20º 58' 41" latitude
121º 58' 16" longitude
pt.
7 20º 54' 18" latitude
121º 58' 29" longitude
pt.
8 20º 51' 22" latitude
121º 57' 33" longitude
pt.
9 20º 49' 21" latitude
121º 56' 55" longitude
pt.
10 20º 47' 37" latitude
121º 57' 02" longitude
pt.
11 20º 46' 25" latitude
121º 57' 08" longitude
pt.
12 20º 44' 39" latitude
121º 59' 20" longitude
pt.
13 20º 41' 48" latitude
122º 00' 18" longitude
pt.
14 20º 28' 00" latitude
122º 06' 02" longitude
pt.
15 20º 24' 45" latitude
122º 01' 36" longitude
pt.
16 20º 23' 01" latitude
122º 02' 45" longitude
pt.
17 20º 21' 05" latitude
122º 01' 34" longitude
pt.
18 20º 19' 47" latitude
122º 00' 44" longitude
pt.
19 20º 18' 04" latitude
121º 59' 25" longitude
pt.
20 20º 18' 09" latitude
121º 57' 20" longitude
pt.
21 20º 15' 53" latitude
121º 55' 54" longitude
pt.
22 20º 13' 36" latitude
121º 55' 00" longitude
pt.
23 20º 11' 56" latitude
121º 51' 37" longitude
pt.
24 20º 13' 27" latitude
121º 48' 10" longitude
pt.
25 20º 14' 50" latitude
121º 46' 05" longitude
pt.
26 20º 16' 51" latitude
121º 44' 31" longitude
pt.
27 20º 18' 37" latitude
121º 43' 47" longitude
pt.
28 20º 20' 11" latitude
121º 42' 32" longitude
pt.
29 20º 22' 42" latitude
121º 43' 28" longitude
pt.
30 20º 24' 11" latitude
121º 46' 48" longitude
pt.
31 20º 24' 02" latitude
121º 48' 26" longitude
pt.
32 20º 24' 52" latitude
121º 48' 45" longitude
pt.
33 20º 25' 14" latitude
121º 50' 43" longitude
pt.
34 20º 24' 42" latitude
121º 51' 27" longitude
pt.
35 20º 26' 31" latitude
121º 53' 37" longitude
pt.
36 20º 28' 10" latitude
121º 53' 15" longitude
pt.
37 20º 31' 15" latitude
121º 55' 19" longitude
pt.
38 20º 40' 21" latitude
121º 43' 47" longitude
pt.
39 20º 43' 16" latitude
121º 42' 53" longitude
pt.
40 20º 46' 14" latitude
121º 44' 51" longitude
pt.
41 20º 49' 33" latitude
121º 46' 00" longitude
pt.
42 20º 53' 12" latitude
121º 48' 33" longitude
pt.
43 20º 54' 24" latitude
121º 49' 46" longitude
pt.
44 20º 55' 43" latitude
121º 50' 17" longitude
pt.
45 20º 57' 19" latitude
121º 50' 54" longitude
pt.
46 20º 59' 09" latitude
121º 52' 23" longitude
pt.
47 21º 01' 11" latitude
121º 52' 41" longitude
pt.
48 21º 03' 55" latitude
121º 51' 28" longitude
pt.
49 21º 07' 18" latitude
121º 52' 35" longitude
pt.
50 21º 09' 57" latitude
121º 53' 40" longitude
pt.
1 21º 11' 09" latitude
121º 56' 37" longitude
containing
an approximate area of Two hundred thirteen thousand five hundred
seventy-eight (213,578) hectares as a protected area.
Any
modification to this Act due to factors such as changing ecological
situations, new scientific or archeological findings or discovery of
traditional boundaries not previously taken into account shall be made
through an Act passed by Congress after full consultation with the
affected public.
Private
lands inside the protected area shall be governed as part of the
protected area subject to rules and regulations relating thereto. Penal
provisions, however, in this Act or in rules and regulations issued by
the Protected Area Management Board (PAMB) shall not apply to private
lands unless specifically stated.
Sec.
4. Definition of Terms. — For the purposes of this
Act, the following terms are defined as follows:
(a)
"Alienable and disposable lands" refer to public lands classified as
agricultural and therefore alienable and disposable prior to the
passage of this Act, provided that ancestral domains are not considered
to be alienable and disposable as they are considered never to have
been public;
(b)
"Ancestral lands and domains" refer to all lands and natural resources
occupied or possessed by indigenous cultural communities, by themselves
or through their ancestors communally or individually, in accordance
with their customs and traditions since time immemorial and
continuously to the present except when interrupted by war, force
majeure, or displacement by force, deceit or stealth. It includes all
adjacent areas generally belonging to them and which are necessary to
ensure their economic, social and cultural welfare;
(c)
"Forest lands" shall refer to all lands within the Batanes Protected
Area which are public lands, not ancestral lands or domains and have
not been classified as alienable and disposable, thereby placing it
within the constitutional classification of national park;
(d)
"Non-government organization" shall refer to any civic, development or
philanthropic organization which is multi-sectoral in character;
(e)
"Non-renewable resources" are those resources found within the
protected area and its buffer zones the replenishment rate of which is
either not known or takes more than twenty-five (25) years;
(f)
"People's organization" shall refer to organizations whose purpose for
establishment is to protect or advance the interest of specific
sectors, such as but not limited to farmers, fisherfolks, women and the
like;
(g)
"Peripheral waters" shall refer to the waters covered under the
technical description under Sec. 3 hereof;
(h)
"Private lands" are those registered as such under the property
registration decree, those over which private ownerships have ripened
as provided for under the Public Land Act and those considered
ancestral lands despite the lack of documentation that reflect such
status;
(i)
"Protected species" any individual of the following species: marine
turtles, green turban snails, dolphins, whales, whale sharks or any
species listed under the Convention of International Trade of
Endangered Species (CITES), or any plant or animal that is or shall be
declared as protected under the Philippine laws, rules and regulations
issued by the Department of Environment and Natural Resources (DENR) or
the PAMB or the management plan herein provided for.
Sec.
5. Management Plan. — The Protected Area
Superintendent (PASu) shall prepare the management plan in consultation
with the appropriate offices of the DENR and local experts who may
donate their services including but not limited to people's
organizations, non-government organizations, local government units and
other government agencies. The management plan shall be reviewed,
approved and adopted by the PAMB and certified by the Secretary of the
DENR. Such certification is mandatory if the plan conforms to all laws
and rules and regulations issued by the DENR of national application.
In no case shall the DENR be allowed to revise or modify a management
plan without prior consultation with the PAMB.
Within
one (1) year from the effectivity of this Act, a Management Plan shall
have been put into effect following the General Management Planning
Strategy provided under the National Integrated Protected Area Systems
(NIPAS) Act and according to the procedure herein set forth. It shall
contain, among others, the following:
(a)
The category of the protected area;
(b)
Period of applicability of the plan;
(c)
Key management issues;
(d)
Goals and objectives of management in support of Sec. 2 hereof;
(e)
Site management strategy;
(f)
Major management activities such as but not limited to enforcement of
laws, habitat and wildlife management, sustainable use management,
infrastructure development and maintenance, fire and pest
control;
(g)
Zoning;
(h)
Visitor management programs; and
(i)
Waste management programs.
The
PASu in coordination with all concerned offices shall prepare all
successor plans. One (1) year before the expiration of the period of
applicability of the plan in effect, the PASu shall cause publication
of notices for comments and suggestions on the next successor plan in a
newspaper of local circulation and the posting of such notices in the
provincial, municipal and barangay halls and in three other areas
frequented by the public. Public hearings may be conducted on the
successor plan upon the written request of any interested party. A
finalized plan shall be made available for public perusal at the Office
of the PASu upon its approval by the PAMB.
The
zoning of the protected area shall give primary consideration to the
traditional zones used and recognized by the Ivatans and tenured
migrants unless such uses are deemed detrimental to biodiversity and
the protection of the natural characteristics of the protected
area.
The
plan shall be in a language understandable in the area, plainly written
and available for perusal to the general public at the PASu office.
Sec.
6. Institutional Mechanisms. — The following
administrative and policy-making mechanisms shall apply:
(A)
The Protected Area Management Board. — There shall be a PAMB which
shall be the policy-making body of the protected area. It shall be
composed of:
(1)
The Regional Director, Region II, of the DENR as the chairman;
(2)
The Provincial Planning and Development Officer;
(3)
One (1) representative from each municipal government of Batanes, to be
appointed by a majority vote of each Sangguniang Bayan;
(4)
One (1) representative from each barangay, to be appointed by the
Sangguniang Barangay;
(5)
At least three (3) representatives from non-government organizations to
be chosen among themselves;
(6)
One (1) vote during every meeting shall be reserved for one national
government agency as may be called for that specific meeting by the
PAMB depending upon the specific needs in the agenda;
(7)
At least two (2) representatives who are considered authority on Ivatan
culture, customs and traditions, whether by academic qualifications or
continuous and authoritative indigenous knowledge of such culture; and
(8)
At least three (3) representatives from peoples' organizations or
cooperatives to be selected among themselves.
Every
member of the PAMB shall be considered to represent his or her sector
and shall be deemed to carry the vote of such sector unless challenged
in writing five (5) days after the decision being challenged is made
known to the members of the sector through the provision of written
information.
The
PAMB for the Batanes Protected Area shall have the following powers and
functions:
(1)
Issue all rules and regulations to prohibit acts that may be
prejudicial to the protected area and the policy declaration herein set
forth as well as establish criteria and set fees for the issuance of
permits for activities regulated by this Act or the management
plan;
(2)
Issue rules and regulations for the resolution of conflict through
appropriate, culturally sensitive and effective means;
(3)
Adopt rules of procedure for the conduct of business, including the
creation of committees to whom its powers may be delegated;
(4)
Approve the management plan and oversee the office of the PASu;
(5)
Deputize interested individuals for the enforcement of the laws, rules
and regulations governing conduct in the protected area; and
(6)
Approve proposals for funding, budget allocations and exercise
responsibility over all funds that may accrue to the Batanes Protected
Area which are donated for the purpose of the above policy declaration.
The
DENR through the Regional Executive Director (RED) shall exercise the
authority to oversee the PAMB to ensure that it is acting within the
scope of its powers and functions. In case of a contradiction between
administrative orders issued by the DENR pursuant to the NIPAS Act for
national application and the rules and regulations issued by the PAMB,
the PAMB shall notify the Secretary of the DENR who shall decide
whether to apply the rule or withdraw it for purposes of the Batanes
Protected Area. The decision of the Secretary shall be guided by a
preference to locally initiated and specific policies enacted by the
PAMB. The decision of the Secretary shall be appealable to the Regional
Trial Court with jurisdiction over the protected area.
(B)
The Protected Area Superintendent (PASu) Office. — There shall be a
Protected Area Superintendent within the Department of Environment and
Natural Resources who shall serve as the chief operating officer of the
protected area. The PASu shall have the following powers and functions:
(1)
Prepare the management and successor plans as herein provided;
(2)
Serve as the Secretariat for the PAMB with duty to provide the PAMB
with all the information necessary for it to make appropriate decisions
when necessary;
(3)
Hire and supervise the necessary personnel to support operations as the
budget allocated in this Act by the PAMB and by the DENR may
allow;
(4)
Establish a productive partnership with the local community, including
groups interested in the achievement of the herein goals and
objectives, in the planning, protection and management of the protected
area;
(5)
Develop and implement a park information, education and visitor
program;
(6)
Enforce the laws, rules and regulations relevant to the protected area
and assist in the prosecution of offenses;
(7)
Monitor all activities within the protected area for their compliance
with the management plan; and
(8)
Perform such other functions as the PAMB may assign.
(C)
Delegation of Authority. — The PASu may, as necessary, delegate
authority granted in this Section to his staff.
Sec.
7. Ancestral Lands and Domains. — Lands occupied
since time immemorial by the Ivatans shall be deemed never to have been
public and shall be available for disposition according to the customs
and traditions practiced by the occupying claimant under Ivatan customs
and traditions as they evolve. In the absence of specific proof to the
contrary, such lands shall be presumed to be claimed communally. Such
ancestral lands and domains shall be identified, delineated and titled
in accordance with the provisions of Republic Act No. 8371, otherwise
known as the Indigenous People's Rights Act (IPRA).
Sec.
8. Tenured Migrants. — Tenured migrants are those who
have actually and continuously occupied the forest lands within the
protected area before June 30, 1987 and are substantially dependent on
such areas for their livelihood. For purposes of official documentation
of rights and extent of occupation within the protected area, the
tenured migrants shall be issued a tenure instrument over such areas as
have been occupied or cultivated since June 30, 1987. If, despite
consideration paid to current practices, areas occupied by tenured
migrants are designated as zones in which no occupation or other
activities are allowed, provision for their transfer to multiple use
zones or buffer zones may be accomplished using humanitarian
considerations in so doing.
Upon a
cancellation of a tenured migrant instrument for cause, abandonment or
by voluntary surrender of rights, the PASu shall take immediate steps
to rehabilitate the area in order to return it to its natural state
prior to the cultivation or other activity by the tenured migrant.
Sec.
9. Prohibited Acts and Penalties. —
(A)
The penalties in Articles 309 and 310 of the Revised Penal Code
depending on the value of the resources taken, damaged or destroyed
shall be imposed upon any person who:
(1)
Hunts, destroys, disturbs or removes from the Batanes Protected Area
any wild plants or animal products derived therefrom without a permit
from the PAMB;
(2)
Conducts mineral exploration or extraction within the forest lands as
defined herein;
(3)
Conducts quarry operations for aggregates, limestone, coral, sand or
other quarry material without a permit from the PAMB or without other
permits required under existing laws;
(4)
Engages in commercial fishing within municipal waters;
(5)
Engages in fishing with the use of explosives, noxious substances,
electricity or drift nets with mesh below three (3) centimeters between
the knots when stretched; and
(6)
Cuts, removes, gathers, takes timber or forest products from the forest
lands without authorization.
Valuation
of the damage shall take into account biodiversity and conservation
considerations as well as aesthetic and scenic value.
(B)
A fine of not less than Fifty thousand pesos (P50,000.00) but not more
than Five hundred thousand pesos (P500,000.00) and/or imprisonment of
not less than one (1) year nor more than five (5) years and the
restoration and rehabilitation of the damage shall be imposed upon any
person who:
(1)
Alters topography through digging, blasting, earth-filling activities
or stonewalling without a permit from all proper authorities as
required under existing laws, rules and regulations and from the
PAMB;
(2)
Damages roads, trails or leaves them in a damaged condition or
mutilates, defaces, destroys or vandalizes any object of natural beauty
or scenic value within the protected area;
(3)
Constructs or maintains any kind of structure without a permit from the
PAMB or without other requisite permits under existing laws such as but
not limited to municipal permits, public works requirements and
Environmental Compliance Certificates; and
(4)
Alters, removes, destroys or defaces boundary marks, buoys or signs in
the protected area.
(C)
A fine of not less than Five thousand pesos (P5,000.00) nor more than
One hundred thousand pesos (P100,000.00) and/or imprisonment from one
(1) year to three (3) years shall be imposed upon any person who:
(1)
Occupies lands classified as forest lands as herein defined without a
legal instrument for such occupation;
(2)
Violates any rules and regulations in the management plan of the PAMB
or agreements reached before the PAMB in its exercise of adjudicative
functions;
(3)
Dumps any waste materials on land or sea other than in areas identified
as dumping sites by the concerned local governments, or leaves human
wastes or refuse on land or sea in exposed or in unsanitary condition;
(4)
Kills or injures any protected species or fails to release it when
accidentally caught or found beached;
(5)
Possesses a chainsaw without clearance from the PAMB which shall
specify the legal uses for which it can be applied;
(6)
Knowingly brings into the Batanes Protected Area any exotic species or
substances which may pose a hazard to public health, protected species
habitat or populations or scenery; and
(7)
Brings out of the Batanes Protected Area live fish without a negative
certification from cyanide testing.
(D)
Imprisonment of six (6) years and one day to ten (10) years and/or a
fine of not less than Five thousand pesos (P5,000.00) nor more than
Five hundred thousand pesos (P500,000.00) shall be imposed upon any
alien engaging in any fishing activity within the municipal waters of
Batanes. The offender shall further be deported after service of
sentence. If such activity is carried on using a vessel of foreign
registry, the penalty shall include the confiscation of the vessel in
favor of the government. The same penalty and perpetual
disqualification from public office shall be imposed upon any Filipino
citizen knowingly aiding and abetting the commission of this offense.
(E)
A fine of not less than Five thousand pesos (P5,000.00) nor more than
Five hundred thousand pesos (P500,000.00) and/or imprisonment of not
less than one (1) year and not more than five (5) years shall be
imposed upon:
(1)
Any person who shall induce another or conspire to commit any of the
above acts or suffer their workers to commit any of the above acts
shall be liable in the same manner as the one actually performing the
act; and
(2)
Any public officer, or officer of the law, who, in dereliction of the
duties of his/her office, shall maliciously refrain from instituting
prosecution for the punishment of the violators of the law, or shall
tolerate the commission of the offenses. Conviction for this offense
shall also carry the penalty of perpetual disqualification from public
office.
Sec.
10. Special Prosecutor. — Within thirty (30) days
from the effectivity of this Act, the Department of Justice shall
appoint a special prosecutor to whom all cases of violation of laws,
rules and regulations in the protected area shall be assigned. Such
special prosecutor shall coordinate with the PAMB and the PASu in the
performance of his/her duties and assist in the training of wardens and
rangers in arrest and criminal procedure.
Sec.
11. Local Government Units. — Local government units
shall participate in the management of the Batanes Protected Area
through its representation in the PAMB and shall ensure that rules for
the conduct of business adequately allow them the opportunity to
consolidate plans and projects with the management planning
process.
Sec.
12. Revenue Sharing. — The local government units
within the protected area shall continue to collect fees and charges
including applicable taxes due to the local government, fees for local
government services or the use of its facilities and other revenues
within the powers of the local governments to collect.
The
Integrated Protected Area Fund (IPAF) set up under Republic Act No.
7586 shall include taxes from the permitted sale of wild flora and
fauna, donations, endowments, contributions and grants for the pursuit
of the purposes of the protected area and the policy declaration herein
but subject to onerous conditions as may be imposed by the donor or
grantor, proceeds from the leases by tenured migrants and such revenues
as the PAMB may legally impose and collect.
Sec.
13. Existing Facilities within the Protected Area. —
Within sixty (60) days from the effectivity of this Act, existing major
facilities such as roads, buildings, airports, seaports, water systems,
power plants, transmission lines, communications facilities, heavy
equipment, irrigation facilities, commercial sea vessels, medical
facilities and junk shops within the boundaries of the protected area
shall submit project descriptions to the PAMB through the PASu.
Based
on its submission, the PAMB, with the help of the DENR, shall determine
whether the existence of such facility and its future plan and
operation will be detrimental to the protected area or whether
conditions for its operation shall be imposed. If any of such
conditions are violated, the facility shall be liable to pay a fine of
Five thousand pesos (P5,000.00) for every day of violation. Upon
reaching a total fine of Five hundred thousand pesos (P500,000.00), the
PAMB through the PASu and deputizing other government entities, shall
cause the cessation and demolition of the facility at the cost of its
owners.
Existing
facilities allowed to remain within the protected area may be charged a
reasonable royalty by the DENR. All incomes from such royalty shall
accrue to the Integrated Protected Area Fund (IPAF).
Sec.
14. Utilization of Energy and Non-renewable
Resources. — Any exploitation and utilization of energy and other
non-renewable resources within the protected area shall be allowed only
through PAMB approval, in consultation with the Department of Energy.
In no case shall an exemption from the Environmental Impact Assessment
(EIA) system be made for energy and non-renewable resource exploitation
projects within the protected area.
Sec.
15. Appropriation. — The amount necessary for the
implementation of this Act shall be included in the budget of the
Department of Environment and Natural Resources in the annual General
Appropriations Act.
Sec.
16. Construction. — The provisions of this Act shall
be construed liberally in favor of the occupants of the protected area.
The NIPAS Act shall have suppletory effect in the implementation of
this Act.
Sec.
17. Repealing Clause. — For the purpose of the scope
of this Act, the provisions of the NIPAS Act are hereby modified in
accordance with the provisions herein. All other laws, rules and
regulations inconsistent with this Act are hereby repealed or modified
accordingly. Within the scope of the protected area as herein
specified, the prohibitions and penalties under the NIPAS Act are
hereby superseded.
Sec.
18. Separability Clause. — If any part or section of
this Act is declared by the courts as unconstitutional, such
declaration shall not affect the other parts or sections
hereof.
Sec.
19. Effectivity Clause. — This Act shall be
translated in English and Ivatan. The English version shall be
published once every week for three (3) consecutive weeks in a
newspaper of general circulation and in Ivatan in a newspaper readily
available in the area in and around the scope specified hereunder. It
shall likewise be posted in the appropriate language in a conspicuous
place in the provincial, municipal and barangay halls within the area
as well as in three other places frequented by the public. Fifteen (15)
days after the last publication, this Act shall have full force and
effect.
Approved:
January 5, 2001.
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