Republic Act No. 9237 "Mount Apo Protected Area Act of 2003." (Part 6)

A portion of land immediately adjacent to the PNOC Reservation Area outside the protected area and within the boundary of buffer zone parcel (2) as described in this section shall be allocated as an energy support zone for the sustenance of the existing geothermal installation to ensure the power security in the region. The boundary limits of the energy support zone shall be subject to ground delineation by the PAMB and said energy support zone shall be made part of the land use zoning of the park and its buffer zones: Provided, That other land uses compatible with geothermal energy shall be allowed within the energy support zone: Provided, further, That permits for geothermal activities within the energy support zone shall be secured pursuant to relevant forestry and environmental regulations: Provided, however, That geothermal exploration within the energy support zone for the purpose of increasing the power capacity of the existing project shall only be allowed through a law passed by Congress: Provided, finally, That areas through a law passed by Congress: Provided, finally, That areas within the energy support zone which shall not be used directly for the development and utilization of geothermal energy shall remain under the control and jurisdiction of the PAMB.

CHAPTER II

PROTECTED AREA MANAGEMENT

Section 6. Management Plan. — Within one (1) year from the effectivity of this Act and in accordance with the General Management Planning Strategy as provided in the NIPAS Act, there shall be a Management Plan to be prepared by the Office of the Protected Area Superintendent (PASu) in coordination with the local communities, indigenous cultural communities/indigenous peoples, local government units (LGUs), appropriate offices of the DENR, non-government and people' organizations, existing operators in the park and experts with socioeconomic, anthropological and ecological experience in the area. It shall contain, among others, the following:

(a) Period of applicability of the plan, preferably at least fifteen (15) years;

(b) Key management issues;

(c) Goals and objectives of management in support of Section 2 hereof;

(d) Site management strategy;

(e) Major management activities such as, but not limited to, enforcement of laws, biodiversity conservation habitat and wildlife management, sustainable use management, infrastructure development and maintenance, and fire and pest control;

(f) Establishment and delineation of zones and the regulated and/or prohibited activities therein, such as, but not limited to, multipurpose use zones, buffer zones, recreational zones, strict protection zones and other special zones which can provide effective management of the protected area and promote sustainable development of all legitimate stakeholders. To avoid relocation, primary consideration shall be accorded to the traditional zones used which have been proven sustainable and in consonance with the biodiversity and protection of the natural characteristics of the protected area; and

(g) Visitor management programs.

The Management Plan shall be consistent with the nature of Mt. Apo as a protected area under the category of a natural park. It shall be reviewed and approved by the PAMB and certified to by the Secretary that it conforms to all laws and regulations issued by the DENR. The Management Plan shall not be revised nor modified except by prior consultation with the PAMB and in accordance with the procedure herein set forth. If any part or section of the Management Plan is inconsistent with existing laws, the Secretary shall certify to the other provisions of the plan that are consistent with the laws. Unless the Secretary accepts or adopts such inconsistent provisions, he/she shall notify the PAMB of the provisions that need modification or revision.

Two (2) years before the expiration of the initial Management Plan, there shall be a subsequent plan to be prepared and submitted by the Office of the Protected Area Superintendent in the same manner as the procedure and principles herein set forth and in accordance with the General Management Planning Strategy as provided in the NIPAS Act. In the same period, the Office of the Protected Area Superintendent shall cause the publication of notices for comments and suggestions on the proposed plan in a newspaper of local circulation and the actual posting of such notices in conspicuous places within the LGUs in the Mt. Apo Natural Park. The proposed new Management Plan shall be made available for public perusal in all agencies, offices, and organizations duly represented in the PAMB.

In the event that no subsequent plan is adopted upon the expiration of the initial management plan, the latter shall remain in force subject to interim modifications that may be adopted by the PAMB.

Section 7. The Protected Area Management Board. — There shall be a Protected Area Management Board (PAMB) which shall serve as the highest policy-making body of the Mt. Apo Natural Park. It shall be composed of the following:

(a) The Regional Executive Director (RED) of DENR Region XI who shall sit as PAMB Chairman as provided for under Section 11(d) of the NIPAS Act;

(b) The RED of DENR Region XII or his/her duly designated permanent representative;

(c) The provincial governors of North Cotabato and Davao del Sur or their authorized permanent representatives;

(d) The Planning and Development Officers of Davao City and the provinces of Cotabato and Davao del Sur or their respective authorized permanent representative;

(e) The municipal/city mayors of Magpet, Makilala, Kidapawan, Bansalan, Sta. Cruz, Digos and Davao City or their respective authorized permanent representative;

(f) All barangay captains within the Mt. Apo Natural Park;

(g) Three (3) representatives from the indigenous cultural communities, composed of one (1) representative from each of the three (3) sub-tribes (Jangan, Ubo and Tagabawa) in Mt. Apo subject to increases upon determination of the existence of other sub-tribes based on an ethnographic study to be conducted by an independent institution or academe and validated by the National Commission for Indigenous Peoples (NCIP);

(h) A maximum of eight (8) representatives from people's organizations (POs) and non-government organizations (NGOs);

(i) Representatives from national government agencies operating within the protected area which can potentially contribute to protected area management; and

(j) Other stakeholders who can potentially assist and contribute in the protection, preservation, and conservation of the Mt. Apo Natural Park.

In the selection of representatives from people' and non-government organizations, the following criteria shall be primarily considered:

(a) active involvement in the ecological conservation, preservation, rehabilitation and protection of the protected area;

(b) great potential in community organizing and other development works;

(c) favorable track record in community work; and

(d) duly accredited by the LGU concerned and the DENR.

Section 8. Term of Office of the PAMB Members. — Every member of the PAMB shall serve for a term of five (5) years: Provided, That he/she remains a member or employee of the sector or office he/she is representing. If a vacancy occurs, a new member shall be chosen in accordance with the original selection process; however, only the remaining term shall be served.

Section 9. Powers and Functions of the PAMB. — The PAMB of Mt. Apo Natural Park, being the highest policy-making body, shall have the following powers and functions:

(a) Decide and approve matters relating to proposals, work and action plans, guidelines and policies and other activities for the management of the protected area;

(b) Review, approve and adopt the management plans and development programs and their respective implementing rules and regulations;

(c) Recommend and approve the establishment and delineation of zones;

(d) Establish supplemental criteria and guidelines for park fees for activities regulated by this Act or the Management Plan subject to DENR's approval pursuant to Section 10(f) of the NIPAS Act;

(e) Ensure the effective implementation of development activities within the protected area;

(f) Adopt rules and procedures in the conduct of business, roles and responsibilities, and discipline of its board members, including the creation of standing committees;

(g) Evaluate the performance and activities of the Office of the Protected Area Superintendent;

(h) Accept donations, approve proposals for funding and budget allocation and exercise accountability over all funds that may accrue;

(i) Evaluate and recommend compliance to all existing requirements set by the DENR particularly in the issuance of the Environmental Compliance Certificate;

(j) Recognize the rights and privileges of indigenous communities under the provisions of this Act and other applicable laws;

(k) Request assistance from any government agency, office, board, private or public person to achieve the objectives of this Act;

(l) Monitor and evaluate the performance of protected area personnel, NGOs, and the communities in biodiversity conservation and sociocultural and economic development and report its assessment to the DENR; and

(m) Participate in the selection and designation process of the DENR in the appointment of the Protected Area Superintendent.

The DENR, through the REDs, shall ensure that the PAMB acts within the scope of its powers and functions. In case of conflict between administrative orders issued by the DENR pursuant to the NIPAS Act and other laws and resolutions issued by the PAMB, the DENR Secretary shall decide whether to apply the rule or withdraw its application.

Section 10. The Executive Committee of the PAMB. — There shall be an Executive Committee within the PAMB to which the latter may delegate some of its powers and functions. It shall be composed of the following:

The Regional Executive Director (RED) of DENR Region XI who shall sit as Chairman;

The RED of DENR Region XII or his/her duly designated permanent representative;

The Planning and Development Officers of Cotabato, Davao Del Sur and Davao City or their authorized permanent representative as designated by the provincial governor/city mayor;

The municipal/city mayors of Magpet, Makilala, Kidapawan, Bansalan, Sta. Cruz, Digos and Davao City or their authorized permanent representative;

One (1) barangay captain from each of the municipalities of Magpet, Makilala, Bansalan, Sta. Cruz, and cities of Kidapawan, Digos, and Davao, selected from among themselves;

Three (3) representatives of the indigenous cultural communities representing Davao City, North Cotabato and Davao del Sur;

Three (3) representatives of people' organizations (POs) representing Davao City, North Cotabato and Davao del Sur;

Three (3) representatives of NGOs representing Davao City, North Cotabato and Davao del Sur; and

One (1) representative each from the national government agencies and relevant stakeholders described in Section 7(i) hereof.

Section 11. The Protected Area Superintendent Office. — There shall be a Protected Area Superintendent Office for Mt. Apo Natural Park within the DENR headed by the Protected Area Superintendent who shall serve as the chief operating officer of the protected area. The Protected Area Superintendent Office shall have the following powers and functions:

A. Administrative

(1)Serve as chief administrative officer of the protected area for the purpose of implementing the Management Plan as detailed in the annual work program;

(2) Establish a productive partnership with the local community, including groups, in the planning, protection and management of the protected area;

(3) Ensure the performance and good morale of his staff;

(4) Ensure the proper utilization of annual budget allocations and the proper disposition of fees and other funds generated within the protected area;

(5) Develop and implement a park information, education and visitor program;

(6) Develop and implement a natural history documentation program and to oversee research that may be conducted within the area;

(7) Integrate the roles of NGO and DENR staff in the operation of the area; and

(8) Document the processes involved in the establishment and management of the protected area, with particular reference to the development of relationships with cultural communities, tenured migrants, buffer zone residents and others in establishing effective protection of the area.

B. Regulative

(1) To act as peace officer for the purpose of maintaining peace and order within the protected area. As peace officer, he shall exercise police supervision therein and may arrest any person found in any place within protected areas who is committing, has committed, or is about to commit an offense which is prohibited in this Act;

(2) Enforce rules and regulations established to protect the area and preserve the area from trespass, damage, injury and illegal occupancy;

(3) Require, when necessary, any person entering or passing through or any part of the protected area under his jurisdiction, to give the following information: name, address, the proposed duration of stay inside the protected area and the portion which he intends to visit or has visited and such other information of similar nature as may be referred to him;

(4) Summarily remove or eject from the area persons who have rendered themselves obnoxious by disorderly conduct or bad behavior or who have violated any of the regulations on the protected area;

(5) Require persons cutting and/or gathering forest products or hunting or fishing within the protected area to produce, upon demand, authority or permit to do so;

(6) Seize and confiscate timber or other forest products, game birds, animals, and fish, including instruments, tools and conveyances used inside the protected area by unlicensed persons, or if licensed, in violation of protected area laws, rules and regulations, and to report them in accordance with the present rules, regulations and guidelines issued by the Secretary concerning confiscation, seizure and disposition of illegally cut, gathered, transported forest products, and other natural resources and confiscated wildlife; and

(7) Perform such other powers and duties as may from time to time be prescribed by higher authorities.

The Protected Area Superintendent Office shall be supported by a sufficient number of personnel who shall be performing day-to-day management, protection and administration of the protected area.

All DENR employees detailed with the protected area at the time of the effectivity of this Act shall be accorded preference to form part of the Protected Area Superintendent Office.

CHAPTER III

ANCESTRAL DOMAIN AND TENURED MIGRANTS

Section 12. Ancestral Lands and Domain. — The rights of indigenous cultural communities to their ancestral domains shall be fully recognized subject to Section 56 of the IPRA. Traditional property regimes exercised by indigenous cultural communities in accordance with their customary laws shall govern the relationships of all individuals within their communities with respect to all lands and resources found within ancestral lands.

Indigenous cultural communities may apply for Certificates of Ancestral Domain Title (CADT) as provided in the IPRA. The provisions of this Act shall be construed liberally in favor of the indigenous cultural communities in accordance with the conservation and preservation objectives of the Mt. Apo Natural Park and its resources.

Nothing herein shall be construed to impair or diminish prior or existing rights currently enjoyed by the indigenous cultural communities as provided by existing laws. Permits, licenses or authorities required by this Act or any other statutes concerning the continued use, extraction or exploitation of forest products and/or possession or occupation of land within the protected area shall not be unnecessarily withheld from the indigenous cultural communities by the granting authority.

Section 13. Tenured Migrants. — Tenured migrants shall be eligible to become stewards of portions of lands within the designated buffer and multiple-use zones. The PAMB shall identify, verify and, subject to Section 56 of the IPRA, review all tenure instrument, land claims, and issuance of permits for resource use within the protected area and recommend the issuance of the appropriate tenure instrument consistent with the land classification, proper and allowed use of resources found therein, and zoning provided in the management or successor plans. Farmers who have been cultivating land within the protected area are considered to be occupying such lands and shall be entitled to a tenure instrument limited to cultivation and residence: Provided, That the rights under such can only be transferred to direct descendants.

Nothing herein shall be construed to mean any diminution of accrued rights earned by tenured migrants. If areas occupied by tenured migrants are designated as zones in which no occupation or other activities are allowed, they shall be transferred to multiple-use zones or buffer zones to be accomplished through just and humane means.

In the event of termination of a tenure instrument for cause or by voluntary surrender of rights, the Protected Area Superintendent 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.

Section 14. Existing Rights. — All prior and property and private rights within the protected area and its buffer zones and the ancestral domains already existing and/or vested upon the effectivity of this Act shall be protected and respected in accordance with existing laws.

CHAPTER IV

PROHIBITED ACTS AND PENALTIES

Section 15. Special Prosecutor. — 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 protected area shall be assigned. Such special prosecutor shall coordinate with the PAMB and the Protected Area Superintendent in the performance of his/her duties and assist in the training of wardens and rangers in arrest and criminal procedure. The PAMB shall periodically submit an evaluation of the performance of the designated special prosecutor to the Department of Justice.

Section 16. Prohibited Acts and Penalties. —

A. The penalties and qualifications prescribed in Articles 309, on Theft, and 310, on Qualified Theft, of the Revised Penal Code depending on the value of the resources involved in connection with the prohibited act shall be imposed upon any person who:

(1) Hunts, takes, destroys, disturbs or possesses any timber, forest product, natural growing or wild terrestrial or aquatic plants, animals, flora or fauna or products derived therefrom, or any form of extraction or use of resources within particularly identified regulated or prohibited areas or zones in the protected area including private lands, without the necessary protected area permit, authorization or exemption, as issued or promulgated by the PAMB;

(2) Cuts, gathers, removes or collects timber or any forest products within particularly identified prohibited areas or zones in the protected area including private lands, without the necessary protected area permit, authorization or exemption, as issued or promulgated by the PAMB;

(3) Cuts, destroys any tree or shrubs or other erosion-preventing plants, or builds or introduces any structure that would cause erosion in riparian areas mentioned in Section 16 of Presidential Decree No. 705, as amended, or the Revised Forestry Code of the Philippines;

(4) Possesses outside the protected area any timber, forest products, wild terrestrial or aquatic plants, animals, flora or fauna so prohibited by the PAMB or products derived therefrom which is ascertained to have been taken from the protected area. It shall be presumed to have been taken from the protected area if the subject plant, animals, flora or fauna is found in possession or control of persons who traveled to the protected area within seventy-two (72) hours before the time of their arrest; and

(5) Hunts, collects, removes, or destroys endangered or protected species, except when collection or removal is for scientific research and is so exempted from this prohibition by the PAMB.

B. A fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00), or imprisonment ranging from five (5) years to ten (10) years, or both, at the discretion of the court, and the restoration and rehabilitation of the damage or, when appropriate, the ejectment therefrom, shall be imposed upon any person who:

(1) Occupies, settles, or possesses any portion of the protected area, introduces improvements, agricultural or otherwise, or performs kaingin therein not sanctioned by law or without the proper permit and authority as required by the PAMB;

(2) Sells, buys, or offers to sell or buy any real property or rights within particularly identified regulated areas or zones in the protected area;

(3) Occupies or possesses any portion of lands within the protected area by using force, intimidation, threat, deceit or by taking advantage of the absence or tolerance of the rightful possessor, occupant, or claimant;

(4) Uses explosives, noxious substances, or electricity for fishing within the protected area. The possession of explosives, noxious or poisonous substances, electro-fishing devices and paraphernalia, or fish caught through explosives, noxious or poisonous substances or electricity within and nearby fishing areas or fishing boats shall constitute prima facie evidence that the possessor thereof committed the act herein prohibited;

(5) Destroys, damages, mutilates, defaces, or commits any act of vandalism on any object of natural beauty, object of anthropological or cultural importance, or non-renewable resource within the protected area;

(6) Throws, discharges, or dumps within the protected zone any substance that is deleterious or potentially deleterious to the ecosystem or of the plants, animals or inhabitants in the protected and buffer areas, or committing same activities within the buffer zone without appropriate permit or authority;

(7) Alters, removes, destroys or defaces any boundary markers, monuments, or interpretative signs relating to the protected area;

(8) Causes damage to road, trails and pathways;

(9) Engages in any degree or form location/exploration, quarrying or extraction of mineral; and

(10) Obstructs or hinders the enforcement of this Act, its related laws, rules and regulations.

C. A fine ranging from Five thousand pesos (P5,000.00) to One hundred thousand pesos (P100,000.00), or imprisonment ranging from one (1) year to six (6) years, or both, at the discretion of the court, shall be imposed upon any person who:

(1) Violates any rules and regulations promulgated by the PAMB or its duly authorized delegate or any agreement or commitment reached before the PAMB;

(2) Deals any product illegally derived from the protected area, such as, but not limited to, selling, buying, offering to sell or buy any timber, forest product, natural growing or wild terrestrial or aquatic plants, animals, flora or fauna or products derived therefrom or any resource from within particularly identified regulated or prohibited, areas or zones in the protected area without the necessary permit, authorization or exemption for the utilization, and/or extraction thereof as provided by this Act and other existing laws, rules and regulations;

(3) Uses any equipment which facilitates extraction of resources, regardless of such intention or purpose within the protected area without the necessary protected area permit or authorization;

(4) Leaves debris, refuse, or garbage in exposed or unsanitary condition anywhere within the protected area; and

(5) Enters any portion of the protected area for purposes of mountain climbing, camping, spelunking, study, research or recreational visit without the necessary permit or authorization.

Administrative procedures for the investigation and validation of the violation shall be prepared by the PAMB in coordination with the appropriate bureaus of the DENR.

If the act is committed by a corporation, organization, partnership or association, the penalty shall be imposed on the chief executive officer and/or board of trustees of the corporation, organization or managing partner of the partnership or association. Valuation of the damage shall take into account biodiversity and conservation considerations as well as aesthetic and scenic value. Valuation by the DENR or the concerned government agency shall be presumed correct unless proven otherwise.

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

Section 17. Administrative Confiscation and Fine. — Administrative proceedings for violation of the foregoing prohibited acts shall proceed independently and without prejudice to judicial action. The PAMB through the Protected Area Superintendent is hereby empowered to impose an administrative fine ranging from Five thousand pesos (P5,000.00) to One hundred fifty thousand pesos (P150,000.00) and/or the cancellation of permit or license issued. Decisions of the Protected Area Superintendent may be appealed within thirty (30) days from receipt of the decision to the PAMB Executive Committee. The decision of the PAMB Executive Committee is appealable to the DENR Secretary within a period of sixty (60) days from the receipt of the decision.

All conveyances, vessels, equipment, paraphernalia, implements, gear, tools and similar devices shall be subject to immediate administrative confiscation by the Protected Area Superintendent Office upon apprehension without prejudice to criminal action. Once the proper criminal action is filed in the regular courts, the said conveyances, vessels, equipment, paraphernalia, implements, gear, tools and similar devices shall be in custodia legis but shall continue to be subject to administrative confiscation and may only be released by the trial court to the owner pending trial upon consultation with the Protected Area Superintendent and with proper consideration of the pending administrative proceedings and the potential forfeiture of the said objects.

Administrative fines collected and the proceeds of the sale of all objects administratively or judicially confiscated or forfeited pursuant hereto shall accrue to the Integrated Protected Area Fund. The procedure for the sale thereof shall be promulgated by the PAMB.

Section 18. Special Counsel. — The-PAMB may retain the services of a competent lawyer to prosecute or assist in the prosecution of cases or defend the members of the PAMB, the Protected Area Superintendent and staff or any person assisting in the protection, conservation, and sustainable development of the protected area against any legal action related to their powers, functions and responsibilities as provided in this Act or as delegated or tasked by the PAMB.

CHAPTER V

MOUNT APO PROTECTED AREA FUNDS

Section 19. Mount Apo Protected Area Fund. — There is hereby established a trust fund to be known as the Mt. Apo Protected Area Fund for purposes of financing projects of the system. All income generated from the operation of the system or management of wild flora and fauna in the protected area shall accrue to the Fund. These income shall be derived from visitors/tourist fee, fees from permitted sale and export of flora and fauna and other resources from the protected area, proceeds from registration and lease of multiple-use areas including tourism concessions, contributions from industries and facilities directly benefiting from the protected area; and such other fees, fines and other income derived from the operation of the protected area.

The Fund may be augmented by grants, donations, endowment from various sources, domestic or foreign for purposes related to their functions: Provided, That the Fund shall be deposited as a special account in the national treasury and disbursement therefrom shall be made solely for the protection, maintenance, administration, and management of the system, and duly approved projects endorsed by the PAMB in accordance with existing accounting and budgeting rules and regulations.

CHAPTER VI

EXISTING FACILITIES, UTILIZATION OF NON-RENEWABLE RESOURCES, ENVIRONMENTAL IMPACT ASSESSMENT,AND PARTNERSHIP AMONG GOVERNMENT, NON-GOVERNMENT AND PEOPLE'S ORGANIZATIONS

Section 20. Existing Facilities within the Protected Area. — Existing facilities within the protected area shall be inventoried and assessed by the PAMB in accordance with the objectives of this Act. Within thirty (30) days from the effectivity of this Act, unless extended by the PAMB, all commercial facilities existing within the boundaries of the protected area with a total capitalization exceeding One hundred thousand pesos (P100,000.00) shall submit to the PAMB through the Protected Area Superintendent the following information:

(a) Environmental Impact Assessment and/or Environmental Management Plan;

(b) Environmental Compliance Certificate, if any; and

(c) Developmental Plan, if any.

Failure to submit the required information shall constitute a violation of this Act. Based on its submission, the PAMB, with the assistance of the DENR shall assess such facility and its future plan and operation vis-a-vis the objectives of this Act. The PAMB may prescribe conditions for the operation of the facility to ensure that it does not contradict protected area management objectives. If any of such conditions are violated, a fine of Five thousand pesos (P5,000.00) for every day of violation shall be imposed. If the fine reaches the total amount of Five hundred thousand pesos (P500,000.00), regardless of duration; the PAMB, through the Protected Area Superintendent and deputizing other government entities, shall cause the cessation and demolition of the facility at the cost of its owners.

The removal of existing facilities which provide basic services and amenities to the public shall require the concurrence of the LGU consistent with the responsibility of the local government to its constituents.

Existing facilities allowed to remain within the protected area may be charged a reasonable fee, subject to DENR approval pursuant to Section 10(f) of the NIPAS Act by the PAMB based on the extent of its impact on the environment and biodiversity.

Section 21. Utilization of Non-renewable Resources. — Any exploration, exploitation or utilization of non-renewable resources within the protected area shall not be allowed.

Section 22. Environmental Impact Assessment System. — Existing laws, rules and regulations relating to Environmental Impact Assessment shall be applicable to projects and activities intended in the protected area. The issuance of the Environmental Compliance Certificate or its exemption shall be coordinated with the PAMB.

Section 23. Partnership among Government, Non-government Organizations and People's Organizations. — For the purpose of attaining the objectives of this Act, all government agencies, non-government organizations, people's organizations and their personnel shall continuously foster and develop a strong and true partnership.

All non-government organizations, people's organizations and private entities implementing any park conservation, protection and development program must be accredited by the LGUs and the DENR.

Section 24. Roles of Local Government Units and National Agencies in the Protected Area. — LGUs and relevant national agencies shall be represented in the PAMB and shall have the following roles:

(a) Apprise their respective constituents, office, and sector on activities and programs for the protected area;

(b) Ensure consistency in the implementation of all activities in the protected area;

(c) Retain their ordinance-making powers over the protected area and shall consider the Management Plan and the rules and regulations adopted by the PAMB in their legislative agenda relating to biodiversity, conservation, protection and sustainable development;

(d) In the formulation of their development plan, LGUs shall consider the protected area management plan for Mt. Apo Protected Area to be prepared by the PAMB;

(e) Assist the PAMB in the implementation of the overall park programs, including but not limited to the imposition, collection and utilization of park fees, enforcement of policies, rules and regulations and other similar park activities;

(f) Accredit people's organizations, non-government organizations and other entities and groups involved in activities within the protected area; and

(g) Provide the PAMB with relevant information and data for the effective management of the protected area.

Section 25. Public Service Utilities, Projects. — All existing and future development projects of public service utilities involving water services, communication facilities, power and energy generation, public security, health and education services and other facilities which will promote public welfare, shall be implemented within areas designated/approved by the PAMB and other appropriate government agencies.

CHAPTER VII

APPROPRIATION AND MISCELLANEOUS PROVISIONS

Section 26. Appropriation. — The Secretary 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 27. Construction. — The provisions of this Act shall be construed liberally in favor of tenured migrants and indigenous cultural communities and with due consideration of the prior property rights of the stakeholders, to sustainable development, and the conservation and protection of biodiversity. Republic Acts Numbers 7160, 7586, 8371 and 8550 or the Local Government Code, NIPAS Act, IPRA, and Philippine Fisheries Code of 1998, respectively, and other existing forestry laws and their corresponding rules and regulations not inconsistent hereto shall have suppletory effect in the implementation of this Act.

Section 28. Implementing Rules and Regulations. — Ninety (90) days after the effectivity of this Act, the Department of Environment and Natural Resources (DENR), in consultation with the Senate Committee on Environment and Natural Resources, the House of Representatives Committee on Natural Resources, and the PAMB, shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act.

Section 29. Repealing Clause. — All other existing laws, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.

Section 30. Separability Clause. — If any part or section of this Act is declared unconstitutional, such declaration shall not affect the other parts or sections hereof.

Section 31. Effectivity Clause. — This Act shall be translated in the Visayan language. It shall be published once in a newspaper of general circulation readily available in the protected area. It shall likewise be posted for three (3) consecutive weeks starting on the day of publication in newspapers in both the English and Visayan languages in a conspicuous place in the provincial, municipal and barangay halls within the area as well as in three (3) other places frequented by the public. This Act shall take effect thirty (30) days from such publication and posting.

APPROVED: FEB 03 2004