Republic Act No. 9847

This Act shall be known as the "Mts. Banahaw - San Cristobal Protected Landscape (MBSCPL) Act of 2009".

The importance of the Banahaw and San Cristobal mountains as major watersheds in the provinces of Laguna and Quezon, including their educational, aesthetic, biodiversity, and cultural and religious importance behooves the State to undertake steps for their protection and preservation.

It is therefore declared the policy of the State to ensure the protection and conservation of these mountains and their associated forest, biodiversity, cultural and religious importance. In so doing, 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 religious practices.

The boundaries of the Mts. Banahaw - San Cristobal Protected Landscape (MBSCPL), which falls under the category of protected landscape as defined herein, within the municipalities of Sariaya, Candelaria, Dolores, Lucban, and Tayabas in the Province of Quezon and the municipalities of Rizal, Nagcarlan, Liliw, Majayjay and the City of San Pablo in the Province of Laguna, are as follows:

TECHNICAL DESCRIPTION Parcel I Beginning at a point marked "1" on the DENR NIPAS Map No. RO-4A-4, which is N 0909'54" E, 10,726.59 meters from BllM No.1 (Latitude 13'55'48.80", Longitude 12125'27.68") of the Municipality of Candelaria, Province of Quezon;

the point of beginning contaming an area of ten thousand seven hundred eighty-four and 05/100 (10,784.05) hectares. Parcel II Beginning at a point marked "1", which is N 0757' E, 8,766.30 meters from BLLM No. 1 of the Municipality of Candelaria, Province of Quezon:

the point of beginning containing an area of one hundred sixteen and 54/100 (116.54) hectares. The Mts. Banahaw - San Cristobal Protected Landscape shall cover a total land area of ten thousand nine hundred and 59/100 (10,900.59) hectares.

The Department of Environment and Natural Resources (DENR) shall appropriately mark on the ground the technical descriptions provided in this Act with clearly visible markers and shall prepare appropriate maps therefor. Any modification of the coverage of this Act due to such factors as changing ecological situations, new scientific or archaeological findings, or discovery of traditional boundaries not previously taken into account shall be made through an act of Congress, after consultation with the affected public and concerned government agencies.

All lands comprising the Mts. Banahaw - San Cristobal Protected Landscape (MBSCPL) shall fall under the classification of National Park as provided for in the Philippine Constitution.

Buffer zones surrounding the MBSCPL shall be established pursuant to the NIPAS Act for the purpose of providing an extra layer of protection around the area, where restrictions can apply and communities can assist in repealing threats to the MBSCPL. Such buffer zones shall be managed according to the management plan formulated pursuant to this Act.

For purposes of this Act, the following terms are defined as follows:

There shall be a Management Plan promulgated for the MBSCPL that shall serve as the basic long - term framework plan in the management of the protected area and guide in the preparation of its annual operations plan and budget.

Within one (1) year from the effectivity of this Act, the Management Plan shall have been put into effect following the general management planning strategy provided for under the NIPAS Act and according to the procedure herein set forth. It shall contain, among others, the following:

A year before the expiration of the period of the applicability of the plan in effect, the PASu shall cause publication of notices for comments and suggestions on the successor plan in a newspaper of general circulation in the concerned municipalities. Notices shall also be posted in the respective provincial and municipal halls of the: concerned provinces and municipalities as well as in the barangay halls bounding or immediately adjacent to the protected landscape. The proposed plan shall be made available to the public during the period for comment and a final plan shall likewise be made available for public perusal at the office of the PASu upon the approval of the PAMB: Provided, That the plans shall be plainly written in a language understandable in the area.

There is hereby created a PAMB which shall have jurisdiction, power and authority over the MBSCPL for all matters that may affect biodiversity conservation, protection and sustainable development. It shall be composed of:

The members of the PAMB shall be appointed by the Secretary of the DENR in conformity with the provisions of the NIPAS Act. As a transitory provision, the initial members of the PAMB shall be nominated from the current members of the interim PAMB of the MBSCPL: Provided, That the PAMB shall include women as members.

The representatives from the local government units (LGUs) and national agencies in the PAMB shall include among their duties, the duty to inform their respective constituents, office or sector, of PAMB - approved or other relevant policies, rules, regulations, programs and projects, and to ensure that the provisions of this Act, the NIPAS Act and its implementing rules and regulations are observed, complied with, and used as reference and framework in their respective plans, policies, programs and projects. Failure to comply with the foregoing shall subject such representative to disciplinary action as the PAMB may provide.

The members of the PAMB shall not receive any salary but shall be entitled to reimbursements for actual and necessary expenses incurred, either in their attendance in meetings of the P AMB or in connection with other official business authorized by a resolution of the PAMB, subject to existing rules and regulations.

The PAMB of the MBSCPL, which shall decide by consensus or majority vote of the members present constituting a quorum of majority of all the members, shall have the following powers and functions in addition to those provided under Republic Act No. 7586 or the NIP AS Act of 1992 and its implementing rules and regulations:

In case of a conflict between administrative orders of national application issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply the rule or withdraw its application in the MBSCPL.

There is hereby established a PASu Office within the DENR Regional Office to be in charge of the management, protection and administration of the MBSCPL. The PASu shall be supported by the existing personnel of the DENR. The head of office shall be the chief operating officer of the MBSCPL and shall be directly accountable to the PAMB.

The PASu shall have full responsibility for the protection of land, water, wildlife and other natural physical and biological resources within the MBSCPL. As such, the PASu shall have the following duties and responsibilities in addition to those provided under the NIPAS Act and its implementing rules and regulations:

People who enter the MBSCPL for cultural and religious purposes and other activities that have a benign impact on the sustamability and biodiversity of the area shall be regulated by the PAMB. For such purpose, the PAMB shall designate parts of the MBSCPL where cultural and religious activities are allowed under terms and conditions pursuant to Section 7 of this Act.

There is hereby established a revolving fund to be known as the MBSCPL Fund for purposes of financing projects in the MBSCPL.

Income shall be derived from fees from visitors/tourists, fees from permitted sale and export of flora and fauna and other resources from the MBSCPL, proceeds from the registration and lease of multiple - use areas, including tourism concessions, fees, proceeds, and contributions from industries and facilities directly benefiting the MBSCPL, and such other fees and income derived from the operation of the MBSCPL: Provided, That the seventy - five percent (75%) shall be set aside and retained by the PAMB which shall appropriate the same exclusively for the management and operation of the MBSCPL: Provided, further, That the remaining twenty - five percent (25%) shall be remitted to the central Integrated Protected Areas Fund (IPAF).

The MBSCPL Fund may be augmented by grants, donations, endowment from various sources, domestic or foreign, for purposes related to their functions: Provided, That disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the system, and duly approved projects endorsed by the P AMB in accordance with existing accounting and budgeting 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 business permits and rentals of LGUs facilities. Provided, That the LGUs shall not impose property tax and issue new tax declaration for areas covered by the MBSCPL. Furthermore, LGUs may charge add - ons to fees imposed by the PAMB: Provided, That such add - ons shall be based on the contribution of the LGUs in the maintenance and protection of the MBSCPL.

Tenured migrants shall be eligible to become stewards of portions of lands within allowable zones. The PAMB shall identify, verify and review all tenurial instruments, land claims, and issuances of permits for resource use within the MBSCPL and recommend the issuance of the appropriate tenure instrument consistent with the zoning provided in the Management Plan.

Should areas occupied by tenured migrants be designated as zones in which no occupation or other activities are allowed pursuant to the attainment of sustainable development, provision for the transfer of said tenured migrants to multiple use zones or buffer zones shall be accomplished through just and humane means.

In the event of termination of a tenurial instrument for cause 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 act by the tenured migrant.

Within three (3) months from the passage of this Act, the PASu shall submit to the P AMB the complete list of tenured migrants which list shall be final upon approval of the PAMB.

Within sixty (60) days from the effectivity of this Act, existing facilities such as roads, buildings, water systems, transmission lines, communication facilities, heavy equipment, and irrigation facilities existing within the boundaries of the MBSCPL shall submit project descriptions to the PAMB through the PASu.

The PAMB, with the assistance of the DENR, shall determine whether the existence of such facility and its future plan and operations will be detrimental to the MBSCPL or whether conditions for its operation shall be imposed. If any such conditions are violated, the owner of the facility shall be liable to pay a fine of Five thousand pesos (P5, 000.00) for every 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 owner.

Existing facilities allowed to remain within the MBSCPL may be charged a reasonable royalty by the PAMB. All income from such royalty shall accrue to the MBSCPL Fund.

Any exploration and exploitation or utilization of nonrenewable resources including mining' within the MBSCPL shall not be allowed. Renewable energy projects within the MBSCPL shall be permitted only through an act of Congress except energy from wind, sun and water sources and not more than three (3) megawatt capacity for mini - hydro power: Provided, That these renewable energy projects are outside the strict protection zone, adopt reduced impact technologies, and undergo the Environmental Impact Assessment (EIA) system as provided by law and: Provided, further, That the PAMB has endorsed the project.

Within thirty (30) days from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special prosecutor to whom all cases of violation of laws, rules and regulations in the MBSCPL 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 procedures. The PAMB may retain the services of counsel to prosecute and/or assist in the prosecution of cases under the direct control and supervision of the regular or special prosecutor and to defend the members of the PAMB, the PASu and the staff, or any person assisting in the protection, conservation and sustainable development of the MBSCPL, against any legal action related to their powers, functions and responsibilities as provided in this Act or as delegated or tasked by the PAMB.

The local government units (LGUs) within the MBSCPL shall participate in its management through representation in the PAMB as provided under Section 8 hereof. Said LGUs may appropriate portions of their share from the annual internal revenue allotment and other income for use of the MBSCPL: Provided, That all funds directly coming from the LGUs shall be exempted from the twenty - five percent (25%) remittance requirement for the central Integrated Protected Areas Fund (lPAF).

The following shall be the prohibitions and penalties applicable to the MBSCPL, in addition to the prohibited acts as provided in the NIPAS Act and its implementing rules and regulations:

Any person who shall induce another or conspire to commit any of the illegal acts prohibited in this Act or suffer27 their workers to commit any of the same shall be liable in the same manner as the one actually performing the act.

All conveyances, vessels, equipments, paraphernalia, implements, gears, tools and similar devices shall be subject to immediate and administrative confiscation, independent of the judicial proceedings by the PASu Office upon apprehension, subject however to due process and substantial evidence requirements. When legal action is however, filed in the regular courts, the said conveyances, vessels, equipments, paraphernalia, implements, gears, tools and similar devices, independent of the administrative proceedings, shall not be released until after judgment has been rendered. Proceeds of the sale of all objects administratively or judicially confiscated pursuant hereto shall accrue to the MBSCPL Fund. Procedure for the sale thereof shall be promulgated by the PAMB. However, in no case shall any confiscated or rescued protected animal species be sold or in any manner disposed of but shall be immediately turned over to the PASu Office for release in its natural habitat, subject to existing regulations.

The penalties specified in this section shall be in addition to the penalties contained in Republic Act No. 9072 (National Caves and Cave Resources Management and Protection Act), Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act), and other related laws.

Conviction for any offense under this Act of a public officer or officer of the law shall carry the accessory penalty of perpetual disqualification from public office.

The PASu, through the PAMB, shall submit an annual accomplishment report to the Secretary of the DENR on the activities undertaken in the MBSCPL.

The Secretary of the DENR shall immediately include in the DENR's program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

The provisions of this Act shall be construed liberally in favor of the protection and rehabilitation of the MBSCPL and the conservation and restoration of its biological diversity, taking into account the needs and interests of qualified tenured migrants, for present and future Filipino generations.

The NIPAS Act shall have suppletory effect in the implementation of this Act.

In order to ensure the recovery and restoration of biological diversity and to develop sustainable livelihood opportunities for tenured migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, clearances, compliance documents or any other instrument that allows exploitation and utilization of resources within the MBSCPL until the Management Plan shall have been put into effect.

All existing land - use and resource use permits within the MBSCPL shall be reviewed and shall not be renewed upon their expiration unless consistent with the Management Plan and approved by the PAMB.

For the purpose of this Act, the provisions of Republic Act No. 7586 or 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. The prohibitions and penalties under the NIPAS Act are hereby superseded for the entire area covered by this Act.

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.

This Act shall take effect immediately upon its complete publication in a national newspaper of general circulation available in the MBSCPL.

Approved,

| PROSPERO C. NOGRALES Speaker of the House of Representatives | JUAN PONCE ENRILE President of the Senate |