Republic Act No. 12226: Alibijaban Protected Landscape and Seascape Act

Nineteenth Congress First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand twenty two.

[ REPUBLIC ACT NO. 12226, July 09, 2025 ]

AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITY OF SAN ANDRES IN THE PROVINCE OF QUEZON, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED LANDSCAPE AND SEASCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED TO AS THE ALIBIJABAN PROTECTED LANDSCAPE AND SEASCAPE, 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. Short Title

This Act shall be known as the "Alibijaban Protected Landscape and Seascape 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 in the Constitution.

In recognition of the richness of biological resources, both flora and fauna, that are native and distinct to the Alibijaban Wilderness Area, as well as their aesthetic and ecological importance, a parcel of land located in the Municipality of San Andres, Province of Quezon, is hereby declared a protected area under the category of protected landscape and seascape, and shall hereinafter be referred to as the Alibijaban Protected Landscape and Seascape (APLS). 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 the national government, local government units (LGUs), concerned non-governmental 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, and cultural and indigenous practices.

Section 3. Definition of Terms

As used in this Act:

(a)Buffer zones refer to identified areas outside the boundaries of and immediately adjacent to designate protected areas that need special development control in order to avoid or minimize harm to the protected area;

(b)Conservation refers to any act or acts of preservation and sustainable utilization of wildlife or maintenance, restoration, and enhancement of habitats;

(c)Indigenous cultural communities /Indigenous peoples (ICCs/IPs) refer to groups of people sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and who have, since time immemorial occupied, possessed, and utilized a territory;

(d)National parks refers to land of the public domain classified as such in the Constitution which includes all areas under the NIPAS, primarily designated for the conservation of native plants and animals, their associated habitats and cultural diversity;

(e)Protected area refers to an identified portion of land and water set aside by reason of its unique physical and biological significance, managed to enhance biological diversity, and protected against destructive human exploitation;

(f)Protected landscape and/or seascape refers to an area of national significance which is characterized by the harmonious interaction of human and land and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities; and (g) Tenured migrants refer to protected area occupants who are presently occupying, and have been actually and continuously occupying, a portion of the protected area for five (5) years before the same was established by proclamation or law as a protected area, and are solely dependent therein for subsistence.

Section 4. Classification as a National Park

The APLS is comprised of a parcel of land of the public domain located in the Municipality of San Andres in the Province of Quezon. All lands of the public domain within the coverage and scope of the APLS shall fall under the classification of national park as provided for in Article XII, Section 3 of the Constitution.

Section 5. Scope and Coverage

The boundaries of the Alibijaban Protected Landscape and Seascape are more particularly described as follows:

Beginning at a point marked "1" on the map, being N 60o 09' 54" E., 3,694.83 meters from "QZN-3479" with geographic coordinates of 13o 19' 22.93063" Latitude and 122o 40' 39.46402" Longitude located in the Municipality of San Andres, Province of Quezon,

| thence | N 00o 53' 42" | W | 1538.10 | meters to corner 2; | |

| --- | --- | --- | --- | --- | --- |

| thence | N 07o 49' 49" | E | 843.63 | meters to corner 3 | |

| thence | N 14o 44' 52" | E | 1258.88 | meters to corner 4; | |

| thence | N 46o 29' 39" | E | 584.06 | meters to corner 5; | |

| thence | N 58o 29' 45" | E | 612.09 | meters to corner 6; | |

| thence | S 64o 14' 28" | E | 390.02 | meters to corner 7; | |

| thence | S 11o 04' 53" | E | 379.66 | meters to corner 8; | |

| thence | S 01o 22' 49" | W | 1289.75 | meters to corner 9; | |

| thence | S 03o 15' 18" | E | 711.57 | meters to corner 10; | |

| thence | S 03o 26' 44" | E | 1288.49 | meters to corner 11; | |

| thence | S 01o 25' 29" | E | 1068.79 | meters to corner 12; | |

| thence | S 04o 10' 29" | W | 924.65 | meters to corner 13; | |

| thence | S 27o 24' 41" | W | 375.87 | meters to corner 14; | |

| thence | S 64o 38' 46" | W | 1272.21 | meters to corner 15; | |

| thence | N 40o 16' 25" | W | 310.24 | meters to corner 16; | |

| thence | N 16o 58' 44" | W | 1069.61 | meters to corner 17; | |

| thence | N 00o 02' 59" | E | 1124.57 | meters to corner 1, | |

from the point of beginning containing an area of one thousand fifty-six (1,056) hectares, more or less. Bearings and distances of lines were derived using the PRS92 Philippine Zone IV coordinate system, subject to ground delineation and demarcation.

The Certification from the National Mapping and Resource Information Authority (NAMRIA) containing the boundaries and technical descriptions of the APLS is hereby adopted and made an integral part of this Act. In case of inconsistency, the boundaries and technical descriptions in the attached Certification shall prevail.

Any modification of the scope and coverage of the APLS in this Act shall be made through an act of Congress, after consultation with the government agencies and stakeholders concerned.

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 created under Section 7 of this Act, may designate areas surrounding the APLS as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied: Provided, That in cases where restrictions 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

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 APLS. The PAMB shall be composed of the following::

(a)DENR Regional Executive Director for Region VI-A, as Chairperson;

(b)Governor of the Province of Quezon or a designated representative;

(c)Senators of the Republic of the Philippines who are duly registered residents of the Province of Quezon, or their duly authorized representatives, unless the Senators decline membership in the PAMB;

(d)District Representatives of the Congressional districts where the APLS is located, or their duly designated representatives, unless the District Representatives decline membership in the PAMB;

(e)Mayor of the Municipality of San Andres in the Province of Quezon, or a duly designated representative;

(f)Chairperson of the all the barangays with territorial jurisdiction over the APLS;

(g)Regional Directors of the following government agencies: Department of Agriculture (DA), National Economic and Development Authority (NEDA), Department of Science and Technology (DOST), Philippine National Police (PNP), Department of National Defense (DND), and Department of Tourism (DOT);

(h)Three (3) representatives from either NGOs or people's organizations (POs) based in the Province of Quezon, duly accredited by both the DENR and the Provincial Government. The NGOs or POs represented should have been in existence for at least five (5) years and with track record in or related to protected area management;

(i)At least one (1) but not more than three (3) representatives from all the ICCs/IPs present in the area and recognized by the National Commission on Indigenous Peoples (NCIP);

(j)One (1) representative from an academic institution, preferably from a university or college in the Province of Quezon, with proven track record in or related to protected area management;

(k)One (1) representative from the private sector, preferably a resident of the Province of Quezon, who is distinguished in a profession or field of interest relevant to protected area management. The terms of office of PAMB members, as well as the grounds for their removal, shall be in accordance with the provisions of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System Act of 1992", as amended by Republic Act No. 11038, otherwise known as the "Expanded National Integrated Protected Areas System Act of 2018".

Section 8. Powers and Functions of the PAMB

The PAMB shall have the following powers and functions:

(a)Oversee the management of the APLS;

(b)Approve policies, plans and programs, proposals, agreements, and other related documents for the management of the APLS;

(c)Approve the management plan of the APLS and ensure its harmonization with and integration into the Ancestral Domain Sustainable Development and Protection Plan, land use and other development plans, public or private, and their implementation;

(d)Adopt a manual of operations to include rules of procedure in the conduct of business, and the creation of committees and their respective terms of reference;

(e)Recommend the deputation of appropriate agencies and individuals for the enforcement of laws, rules, and regulations governing the management of the APLS;

(f)Allocate financial resources for the implementation of the management plan and manage the Protected Area Retained Income Account (PA-RIA) and other funds in accordance with government accounting, budgeting, and auditing rules and regulations;

(g)Set fees and charges in accordance with existing guidelines;

(h)Issue rules and regulations for the resolution of conflicts through appropriate and effective means;

(i)Recommend appropriate policy changes to the DENR and other government authorities with respect to the management of the APLS;

(j)Monitor and assess the performance of the Protected Area Superintendent (PASu) and other protected area personnel and compliance of partners with the terms and conditions of any undertaking, contract, or agreement relative to any projects or activity within the APLS;

(k)Recommend the designation or appointment of the PASu from a shortlist of qualified candidates; and (l) Assess the effectiveness of the management of the APLS: Provided, That the PAMB members representing the LGUs and national agencies shall inform their respective constituents, offices, or sectors of PAMB-approved or other relevant policies, rules, regulations, programs and projects and shall ensure that the provisions of this Act and its implementing rules and regulations are complied with and used as reference and framework in their respective plans, policies, programs, and projects. Failure to comply with the foregoing shall be the basis for disciplinary action against such member according to administrative rules and regulations and such penalties as the PAMB may provide: Provided, further, That the DENR, through the Regional Executive Director, shall ensure that the PAMB acts within the scope of its powers and functions.

In case of conflict between the resolution issued by the PAMB and the existing administrative orders of national application, the latter shall prevail.

Section 9. The Protected Area Management Office

There is hereby established a Protected Area Management Office (PAMO) to be headed by a PASu who shall supervise the day-to-day management, protection, and administration of the APLS. 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 APLS.

The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the APLS. Pursuant to thereto, the PASU shall have the following duties and responsibilities:

(a)Prepare the management plan, including the annual work and financial plan and ensure its implementation, in consultation with stakeholders;

(b)Ensure the integration of relevant national and LGU plans and programs into APLS management plans, programs, projects and policies;

(c)Provide secretariat services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making;

(d)Formulate and recommend proposed policies, rules, regulations, and programs to the PAMB;

(e)Establish, operate, maintain a database management system which shall be an important basis for decision-making;

(f)Enforce the laws, rules, and regulations relevant to the APLS, commence and institute administrative and legal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of the provisions of this Act;

(g)Monitor, evaluate, and report the implementation of management activities of the APLS;

(h)Request for and receive any technical assistance, support, or advice from any agency or instrumentality of the government as well as academic institutions, NGOs, and the private sector, as may be necessary for the effective management, protection, and administration of the APLS;

(i)Issue permits and clearances for activities that implement the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the PAMB: Provided, That all permits for extraction of natural resources, including collections of wildlife, and its by-products or derivatives for research purposes, shall continue to be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASu, in accordance with the specific acts to be covered;

(j)Collect and receive pertinent fees, charges, donations, and other income for the APLS: Provided, That such fees, charges, donations, and other income collected and received shall be reported regularly to the PAMB and the DENR in accordance with existing guidelines;

(k)Prepare and recommend to the PAMB, the approval of the annual work and financial plans of the APLS based on the management plan; and (l) Perform such other functions as the PAMB and the DENR may assign. The PAMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE III

PROCEEDS AND FEES

Section 10. The Alibijaban Protected Landscape and Seascape Integrated Protected Area Fund

There is hereby established a trust fund to be known as the Alibijaban Protected Landscape and Seascape Integrated Protected Area Fund (APLS-IPAF) for purposes of financing projects and sustaining the operation of the APLS and the NIPAS. All income generated from the operation and management of wild flora and fauna in the APLS shall accrue to the APLS-IPAF. The income shall be derived from fees and charges on the permitted sale and export of flora and fauna and other resources from the APLS, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the APLS, and such other fees and income derived from the operation of the APLS.

The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited in the 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 APLS and implementation of duly approved projects of the PAMB. The remaining twenty-five (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 in 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 for duly approved projects endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the funds 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 for business permits, property tax, and rentals of LGUs' facilities.

ARTICLE IV

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 the local government of the Municipality of San Andres, the Provincial Government of Quezon, 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 section 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.) FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives | (Sgd.) FRANCIS "CHIZ" G. ESCUDERO President of the Senate |

This Act was passed by the Senate of the Philippines as Senate Bill No. 2252 on December 16, 2024 and adopted by the House of Representatives as an amendment to House Bill No. 7479 on January 15, 2025.

REGINALD S. VELASCO

Secretary General House of Representatives

RENATO N. BANTUG, JR.

Secretary of the Senate

Approved: JUL 09 2025

FERDINAND ROMUALDEZ MARCOS JR.

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.

In plain language