Republic Act No. 12227: Mt. Masaraga Protected Landscape 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. 12227, July 09, 2025 ]

AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE MUNICIPALITIES OF POLANGUI AND OAS, AND CITIES OF LIGAO AND TABACO, IN THE PROVINCE OF ALBAY, A PROTECTED AREA WITH THE CATEGORY OF PROTECTED LANDSCAPE UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED TO AS THE MT. MASARAGA 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. Short Title

This Act shall be known as the "Mt. Masaraga 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 in the Constitution.

In recognition of the richness of biological resources, both flora and fauna, that are native and distinct to Mt. Masaraga, as well as their aesthetic and ecological importance, a parcel of land of the public domain located in the Municipalities of Polangui and Oas, and the Cities of Ligao and Tabaco, in the Province of Albay, is hereby declared a protected area under the category of protected landscape and shall hereinafter be referred to as the Mt. Masaraga Protected Landscape (MMPL). 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. Classification as a National Park

The MMPL is composed of a parcel of land of the public domain located in the Municipalities of Polangui and OAS, and the Cities of Ligao and Tabaco, in the Province of Albay, the metes and bounds of which are described in Section 4 of this Act. All lands of the public domain within the coverage and scope of the MMPL shall fall under the classification of a national park as provided for in Article XII, Section 3 of the Constitution.

Section 4. Scope and Coverage

The boundaries of the MMPL are more particularly described as the area beginning at a point marked "1" on the map being S 23o 42' 25" E, 630.51 meters from PRS Control Monument "CBM-11" with geographic coordinates of 13o 18'41.12556" Latitude and 123o 35'47.39395" Longitude within the boundary of the Municipality of Oas and Cities of Ligao and Tabaco, Province of Albay.

| thence | S 83o 05' 20" | W | 694.83 | meters to corner 2; | |

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

| thence | S 80o 02' 58" | W | 604.82 | meters to corner 3 | |

| thence | S 76o 33' 05" | W | 494.31 | meters to corner 4; | |

| thence | N 59o 55' 53" | W | 229.45 | meters to corner 5; | |

| thence | N 76o 25' 46" | W | 311.79 | meters to corner 6; | |

| thence | N 53o 14' 02" | W | 238.61 | meters to corner 7; | |

| thence | N 28o 27' 37" | W | 479.32 | meters to corner 8; | |

| thence | N 14o 57' 31" | E | 267.00 | meters to corner 9; | |

| thence | N 64o 14' 48" | W | 217.54 | meters to corner 10; | |

| thence | N 34o 47' 21" | W | 227.78 | meters to corner 11; | |

| thence | N 44o 04' 23" | W | 430.3 | meters to corner 12; | |

| thence | N 08o 06' 56" | E | 550.97 | meters to corner 13; | |

| thence | N 42o 52' 44" | E | 319.77 | meters to corner 14; | |

| thence | N 28o 41' 18" | W | 404.04 | meters to corner 15; | |

| thence | N 58o 15' 59" | W | 351.92 | meters to corner 16; | |

| thence | N 25o 08' 47" | W | 375.08 | meters to corner 17; | |

| thence | S 58o 28' 59" | E | 621.38 | meters to corner 18; | |

| thence | N 32o 05' 33" | E | 348.02 | meters to corner 19; | |

| thence | N 08o 25' 37" | E | 272.8 | meters to corner 20; | |

| thence | N 45o 00' 00" | E | 254.42 | meters to corner 21; | |

| thence | N 60o 01' 13" | E | 292.49 | meters to corner 22; | |

| thence | S 46o 58' 53" | E | 548.43 | meters to corner 23; | |

| thence | S 40o 41' 09" | E | 1717.30 | meters to corner 24; | |

| thence | N 53o 14' 00" | E | 223.03 | meters to corner 25; | |

| thence | S 47o 15' 53" | E | 1912.7 | meters to corner 26; | |

| thence | S 06o 49' 01" | E | 233.82 | meters to corner 27; | |

| thence | S 57o 57' 45" | W | 847.69 | meters to corner 1, | |

from the point of beginning containing an area of eight hundred forty (840) hectares, more or less. Bearings and distances of lines were derived using the PRS 1992 Philippines 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 MMPL 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 MMPL in this Act shall be made through an act of Congress, after consultation with the government agencies and stakeholders concerned.

Section 5. 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 MMPL 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 6. 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 MMPL. The PAMB shall be composed of the following:

(a)DENR Regional Executive Director for Region V, as Chairperson;

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

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

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

(e)Mayors of the Municipalities of Oas and Polangui, and the Cities of Ligao and Tabaco, in the Province of Albay or their duly designated representatives;

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

(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 Albay, 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 Albay, 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 Albay, who is distinguished in a profession or field of interest relevant to the management of a protected area. 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 7. Powers and Functions of the PAMB

The PAMB shall have the following powers and functions:

(a)Oversee the management of the MMPL;

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

(c)Approve the management plan of the MMPL and ensure its harmonization with and integration into the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP), 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 MMPL;

(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 MMPL;

(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 MMPL;

(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 MMPL: Provided, That the PAMB members representing the LGUs and national agencies shall inform their respective constituents, offices, or sectors ofPAMB-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 8. 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 MMPL. 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 MMPL. 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 MMPL 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 MMPL, 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 MMPL;

(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 MMPL;

(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 MMPL: 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 MMPL 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 9. The Mt. Masaraga Protected Landscape Integrated Protected Area Fund

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

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 MMPL 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 10. 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 11. 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 12. 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 Municipalities of Oas and Polangui, and the Cities of Ligao and Tabaco, the Provincial Government of Albay, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.

Section 13. 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 14. 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 15. 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