ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
REPUBLIC ACT NO. 826 - AN
ACT CREATING THE COMMISSION ON PARKS AND WILDLIFE, DEFINING ITS POWERS,
FUNCTIONS, AND DUTIES |
Section 1.
Creation of Commission on Parks and Wildlife. — In order to promote
effectual planning, development, maintenance, and conservation of
national parks, monuments and wildlife in said parks, of game and fish,
and of provincial, city and municipal public parks, to provide for the
enjoyment of the same, and to carry out the provisions of this Act,
there is hereby created a commission to be known as the Commission on
Parks and Wildlife, hereinafter referred to as the Commission. The
Commission shall be composed of the Secretary of Agriculture and
Natural Resources, who shall be the Chairman of the Commission, the
Secretary of Public Works and Communications, the Secretary of
Education, the Secretary of Health and the Social Welfare Commissioner,
as members. The Chairman and the members of the Commission shall serve
as such without additional compensation. A majority of the members of
the Commission shall constitute a quorum. The Commission shall be under the executive control and supervision of the President of the Philippines. Sec. 2. Duties and Commission. — It shall be the duty of the commission to administer the provisions of this Act and to promote, conserve, maintain, and regulate the use of national parks, national monuments and wildlife in said parks, of game and fish, game refuges, bird sanctuaries, and game farm, and to provide assistance to, and cooperate with, the provinces, chartered cities, municipalities and municipal districts in the establishment and conservation of provincial, city, municipal and municipal district parks and monuments by such means and measures as conform to the fundamental purpose of the said parks, monuments, and game and fish, game refuges, bird sanctuaries, and game farms, which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein, including bird, fishes, mammals, and other animals and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the benefit and enjoyment of future generations. The Commission is also charged with the administration of Acts Numbered Twenty-five hundred and ninety, entitled "An Act for the protection of game and fish," and Numbered Thirty-nine hundred and fifteen, entitled "An Act providing for the establishment of National Parks, declaring such parks as game refuges, and for the purposes," both as amended. Sec. 3. Powers of the Commission. — The Commission
shall have power to: Sec. 4. Director of Parks and Wildlife — other
employees. — The Commission shall have a Director of Parks and Wildlife
who shall be appointed by the President of the Philippines with the
consent of the Commission on Appointments and who shall have active
charge and administration of all national parks and national monuments
and of the laws relating to the protection of game and fish, game
refuges, bird sanctuaries and game farms. He shall, under the direction
of the Commission, cooperate with local boards of park commissioners
and local officials in the establishment and conservation of
provincial, city, municipal and municipal district public parks. He
shall perform such other duties as may from time to time be required by
the Commission. Said director shall be selected solely upon the basis
of executive ability and special training in park matters. He shall
receive an annual compensation of seven thousand two hundred pesos. Sec. 5. Acquisition of property by gifts or otherwise. — The Commission, on behalf of National Government, and the provincial, city, and municipal or municipal district government, on behalf of the province, city, municipality or municipal district concerned, may acquire lands suitable for park purposes, by gift, donation, contribution or otherwise, and may receive and accept devices bequests, and other gifts or beneficial transfers of property, money, and other objects for the purpose of the improvement or ornamentation of any national, provincial, city, municipal or municipal district park, pleasure ground, parkway, avenue or road, or for the establishment in said park or pleasure ground of zoological or other gardens, collections of natural history, monuments or works of arts, or for conservation of wildlife, game birds or animals. Sec. 6. Restrictions on members and employees of Commission and Boards of Park Commissioners. — No member or employee of the Commission or of the local boards of park commissioners shall be interested, directly or indirectly, in any contract relating to the establishment or maintenance of any national, provincial, city or municipal public park, pleasure ground or parkway, or in any contract providing for the expenditure of any money in relation thereto. Sec. 7. Provincial, city and municipal parks. —
Any province, city, municipality or municipal district may acquire,
establish and maintain public parks, pleasure grounds and parkways
within the boundaries of said province, city, municipality or municipal
district. Lands which may be required for any such of purposes may be
set aside by such province, city, municipality, or municipal district
and devoted to such purposes, out of any lands or parcels of land owned
or possessed by any such province, city, municipality or municipal
district; or said lands may be acquired by gift or purchase, in the
manner provided by law: Provided, That no lands, the purchase price of
which exceeds one thousand pesos, shall be acquired by purchase by a
province, city, municipality, or municipal district for any of such
purposes without the previous approval of the President of the
Philippines. Sec. 8. Cities and towns may unite in establishing parks. — Any two or more cities, municipalities or municipal districts which are contiguous or adjacent may unite in acquiring, establishing and maintaining public parks, pleasure grounds or parkways of their common benefit upon such terms and conditions as may be mutually agreed upon by ordinance. Sec. 9. Board of Park Commissioners. — Whenever a
province, city, municipality or municipal district has established a
public park, the provincial governor, city, municipal, or municipal
district mayor thereof shall, with the consent of the provincial board,
city, municipal or municipal district council, appoint a board of park
commissioners, hereinafter called the Board, which shall be composed of
three most travelled and civic minded members who shall be residents of
the province, city, municipality or municipal district where such park
is located, and who shall serve for a term of two years without
compensation. Section 10. Management of local parks — Rules. — The
Board of Park Commissioners shall have the management and control of
public parks, pleasure grounds and parkways of the province, city,
municipality, or municipal district wherein it is appointed. It shall
establish necessary rules and regulations not in conflict with law or
the ordinances of the city, municipality or municipal district for the
proper supervision and use of such parks, pleasure grounds and parkways
and shall have such additional powers relating thereto as may be
prescribed by resolution of the provincial board or ordinance by the
city, municipal, or municipal district council. The provincial board,
city, municipal, or municipal district council concerned shall, by
resolution or ordinance, provide for the enforcement of the rules and
regulations promulgated by the Board of Park Commissioners. The Board
may appoint a park caretaker, who shall be a practical landscape
gardener, and who shall, under the direction of the Board, have active
charge, control and direction of all parks, pleasure grounds or
parkways under the control of said Board, and perform such other duties
as may be required by the Board. Section 11. Park, Commissioners and employees not to be interested in contract. — No park Commissioner or employee of the Board of Park Commissioners shall be interested, directly or indirectly, in any contract relating to the establishment or maintenance of any public park or pleasure grounds under its jurisdiction or in any contract providing for the expenditure of any money in relation thereto. Section 12. Expenditure for park purposes. — The Board shall, with the approval of provincial governor, city, municipal or municipal district mayor concerned, have full, complete and exclusive power and authority to expend, for and on behalf of the province, city, municipality or municipal district wherein it is appointed, all sums of money that may be appropriated for the establishment, maintenance and improvement of public parks, parkways and pleasure grounds therein. Section 13. Transfer of functions and activities
relative to parks, wildlife and game and fish to Commission. — All the
powers, functions and duties vested in, and exercised by, the Secretary
of Agriculture and Natural Resources and the Director of Forestry under
Acts Numbered Twenty-five hundred and ninety and Thirty-nine hundred
and fifteen, both as amended, relative to the protection of game and
fish and the establishment of national parks, are transferred to the
Commission on Parks and Wildlife and the Director of Parks and
Wildlife, respectively. Section 14. Appropriations. — Aside from the sums set aside in the General Appropriation Acts for the Game and Wildlife Section of the Bureau of Forestry and for the positions in charge of the work relative to the maintenance, operation and improvement of national parks, which are by virtue of this Act transferred to the Commission on Parks and Wildlife, there is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, the sum of five thousand pesos which shall be expended by the Commission on Parks and Wildlife for the establishment, maintenance, conservation and improvement of national parks, monuments, and parkways; for the construction, maintenance and repair of roads, trails, and necessary buildings within the said parks; for the protection and propagation of game birds, mammals, and other useful wild animals protected by law; for the establishment, improvement and maintenance of game refuges, bird sanctuaries and game farms; for the salaries and wages of the necessary personnel; and for sundry and other necessary expenses which the said Commission may incur in carrying out the provisions of this Act for the remainder of the fiscal year nineteen hundred and fifty-two and for the fiscal year nineteen hundred and fifty-three. Thereafter, the necessary funds for the operation of the Commission on Parks and Wildlife and for carrying out its activities shall be included in the Annual General Appropriation Acts. Section 15. Repeals. — All Acts and parts of Acts in conflict with the provisions of this Act are repealed. Section 16. Date of taking effect. — This Act shall
take effect upon its approval. Approved: August 14, 1952 |
chanroblesvirtuallawlibrary