Eighteenth Congress Third Regular Session
[ REPUBLIC ACT NO. 11688, April 08, 2022 ]
AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITY OF BALBALAN, IN THE PROVINCE OF KALINGA, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED LANDSCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE BANAO PROTECTED LANDSCAPE, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1. Title
This Act shall be known as the "Banao Protected Landscape Act ".
Section 2. Declaration of Policy
Cognizant of the profound impact of human activities on all components of the natural environment, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations, the perpetual existence of all native plants and animals through the declaration of protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park as provided for in the Constitution.
In recognition of the richness of the biological resources, both flora and fauna, that are native and distinct to Balbalasang-Balbalan National Park, as well as their aesthetic and ecological importance, a parcel of land located in the municipality of Balbalan, in the Province of Kalinga is hereby declared a protected area with the category of protected landscape, and shall hereinafter be referred to as the Banao Protected Landscape (BPL). As such, the State shall ensure the conservation, protection, management and rehabilitation of the area. It is likewise recognized that effective administration of this area is possible only through cooperation among national government, local government units (LGUs), concerned nongovernmental organizations (NGOs), private entities and local communities. The use and enjoyment of this area must be consistent with the principles of biological diversity and sustainable development.
Towards this end, the State shall ensure the full implementation of this Act, the mobilization of resources for the institutional mechanisms herein established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the ecosystems, culture and indigenous practices.
Section 3. Definition of Terms
As used in this Act:
Section 4. Classification as a National Park
The BPL is comprised of a parcel of land of the public domain located in the Municipality of Balbalan, Province of Kalinga. All land of the public domain within the coverage and scope of the BPL shall fall under the classification of national park as provided for in Articles XII, Section 3 of the Constitution.
Section 5. Scope and Coverage
The boundaries of the BPL are more particularly described as the area beginning at a point marked "1" on the Map, N 84-39-46 E, 1,504.743 meters from PRS 92 "KAL 3101" with geographic coordinates of 17 29'47.5291" Latitude and 121 10'10.54854" Longitude located at Barangay Pantikian, Municipality of Balbalan, Province of Kalinga,
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| thence | S 53-05-25 E | 122.614 | meters to corner 144; |
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| thence | S 54-35-43 E | 79.964 | meters to corner 146; |
| thence | S 00-36-36 W | 685.539 | meters to corner 147; |
| thence | S 60-57-14 W | 679.371 | meters to corner 148; |
| thence | S 27-58-15 E | 1280.45 | meters to corner 149; |
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| thence | S 49-57-41 E | 0.014 | meters to corner 1. |
the point of beginning, comprising an area of twenty-one thousand five hundred sixty-seven and 53/100 (21,567.53) hectares, more or less.
Section 6. Establishment of Buffer Zones
The Secretary of the Department of Environment and Natural Resources (DENR), upon the recommendation of the Protected Area Management Board (PAMB), created under Section 7 of this Act, may designate areas surrounding the BPL as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied: Provided, That, in cases where the designated buffer zone would cover private lands, the owners thereof shall be required to design their development with due consideration to the protected area management plan.
ARTICLE II MANAGEMENT MECHANISMS
Section 7. Protected Area Management Board (PAMB)
Within ninety (90) days from the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee the management of the BPL. The PAMB shall be composed of the following:
Section 8. Powers and Functions of the PAMB
The PAMB shall have the following powers and functions:
In case of conflict between the resolutions issued by the PAMB and the existing administrative orders of national application, the latter shall prevail.
Section 9. The Protected Area Management Office (PAMO)
There shall be established a Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (PASu) who shall supervise the day to day management, protection, and administration of the BPL. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient number of support staff with permanent plantilla positions shall likewise be appointed by the DENR Secretary to assist the PASu in the management of the protected area.
The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the BPL. Pursuant thereto, the PASu shall have the following duties and responsibilities:
ARTICLE III PROCEEDS AND FEES
Section 10. The Banao Protected Landscape Integrated Protected Area Fund (BPL-IPAF)
There is hereby established a trust fund to be known as the Banao Protected Landscape Integrated Protected Area Fund (BPL-IPAF) for purposes of financing projects of the BPL and the NIPAS. All income generated from the operation and management of wild flora and fauna in the BPL shall accrue to the BPL-IPAF. The income shall be derived from fees from permitted sale and export of flora and fauna and other resources from the MAPL, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the BPL, and such other fees and income derived from the operation of the BPL.
The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited to the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank within the locality: Provided, That disbursements out of such deposits shall be used solely for the protection, maintenance, administration, and management of the protected area and implementation of duly approved projects of the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the general fund in the National Treasury for purposes of financing the programs and projects of the NIPAS.
The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign: Provided, That the fund shall be deposited in full as a special account in the National treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the NIPAS and duly approved projects endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the fund shall not be used to cover personal services expenditures.
The LGUs shall continue to impose and collect all other fees not enumerated herein which they have traditionally collected, such as property business permits, property tax and rentals of LGUs' facilities.
ARTICLE IV TRANSITORY AND MISCELLANEOUS PROVISIONS
Section 11. Appropriations
The Secretary of the DENR shall immediately include in the Department's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.
Section 12
Suppletory Application of the NIPAS Law. - The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, shall have suppletory application to this Act.
Section 13. Implementing Rules and Regulations
Within ninety (90) days from the effectivity of this Act, the Secretary of the DENR shall, in consultation with local governments of the Municipality of Balbalan, the Provincial Government of Kalinga, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.
Section 14. Separability Clause
If any section or provision of this Act is held unconstitutional or invalid, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.
Section 15. Repealing Clause
All laws, decrees, letters of instruction, executive orders, rules and regulations and other issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Section 16. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
| (Sgd.) VICENTE C. SOTTO III President of the Senate | (Sgd.) LORD ALLAN JAY Q. VELASCO Speaker of the House of Representatives |
This Act which originated in the House of Representatives was passed by the House of Representatives on May 26, 2021, amended by the Senate of the Philippines on September 27, 2021, and which amendments were concurred in by the House of Representatives on December 7, 2021.
MYRA MARIE D. VILLARICA
Secretary of the Senate
MARK LLANDRO L. MENDOZA
Secretary General House of Representatives
Approved: APR 08 2022
RODRIGO ROA DUTERTE
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.