REPUBLIC ACT NO. 9237 - AN ACT ESTABLISHING MOUNT APO LOCATED IN THE MUNICIPALITIES OF MAGPET AND MAKILALA AND CITY OF KIDAPAWAN, PROVINCE OF COTABATO, IN THE MUNICIPALITIES OF BANSALAN AND STA. CRUZ AND CITY OF DIGOS, PROVINCE OF DAVAO DEL SUR, AND IN THE CITY OF DAVAO, AS A PROTECTED AREA UNDER THE CATEGORY OF NATURAL PARK AND ITS PERIPHERAL AREAS AS BUFFER ZONES, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
[ REPUBLIC ACT NO. 9237, February 03, 2004 ]
AN ACT ESTABLISHING MOUNT APO LOCATED IN THE MUNICIPALITIES OF MAGPET AND MAKILALA AND CITY OF KIDAPAWAN, PROVINCE OF COTABATO, IN THE MUNICIPALITIES OF BANSALAN AND STA. CRUZ AND CITY OF DIGOS, PROVINCE OF DAVAO DEL SUR, AND IN THE CITY OF DAVAO, AS A PROTECTED AREA UNDER THE CATEGORY OF NATURAL PARK AND ITS PERIPHERAL AREAS AS BUFFER ZONES, PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
SECTION 1. Title . — This Act shall be known as the Mount Apo Protected Area Act of 2003.
SEC. 2. Declaration of Policy . — Considering Mt. Apo's aesthetic, economic, cultural, and ecological importance and its unique biological resources, it is hereby declared the policy of the State to secure its protection and conservation and those of the indigenous peoples and communities residing therein as well as their culture and way of life. In so doing, the State shall: (a) ensure the protection and conservation of biodiversity in Mt. Apo through sustainable and participatory development; (b) advance, respect, and protect the customs and interests of its legitimate inhabitants, migrants, and indigenous peoples alike; and (c) foster partnership among government, non-government organizations, and people's organizations.
SEC. 3. Definition of Terms . —
"Ancestral domain/ancestral lands" refers to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), subject to property or prior rights within the ancestral domains already existing and vested upon the effectivity of Republic Act No. 8371 or the Indigenous People's Rights Act (IPRA) of 1997, comprising lands, inland waters, and natural resources therein held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators.
"Biodiversity" refers to the variety and variability among all living organisms and the ecological complex in which they occur.
"Buffer zones" refers to areas outside the boundaries of and immediately adjacent to designated protected areas pursuant to Section 8 of Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992, that need special development and control in order to provide an extra layer around the protected area where restrictions may apply and managed according to the management plan and applicable rules and regulations issued as provided for in this Act and related statutes.
"By-products" refers to any part taken from wild species such as hides, antlers, feathers, fur, teeth, claws, internal organs, eggs, roots, trunk, branches, leaves, stems, flowers, bark, including their derivatives such as blood, oils, resin, gum, seed, spores, pollen, honey, beeswax, and the like.
"Collection or collecting" refers to the act of gathering or harvesting wild flora and fauna species and its by-products or derivatives.
"Commercial facilities" refers to the conduct of business by natural or artificial persons with the purpose of securing an economic or resource surplus not needed for immediate subsistence.
"Conservation" refers to the optimum utilization and management of natural resources in order to meet the needs and aspirations of the present and the future.
"Ecosystem" refers to the community of plants and animals, their physical environment, and the interactions between them.
"Environmental Impact Assessment" refers to the Environment Impact Assessment System established under Presidential Decree No. 1586 or supervening legislation.
"Exotic species" refers to species or subspecies which do not naturally occur within the country or within the biogeographic region of the Philippines in which the protected area is situated.
"Fish/aquatic animals/products" refers to fishes and other aquatic animals such as crustaceans, echinoderms, marine animals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form.
"Fishing" refers to the taking of the fish, aquatic products or any aquatic flora and fauna from their wild habitat, with or without the use of fishing vessels.
"Forest products" refers to timber, pulpwood, firewood, bark, tree top, resin, gum, wood, lumber, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational, and geologic resources in forest lands.
"Indigenous Cultural, Communities" refers to the ICCs/IPs as defined in the IPRA. Specifically in the Mt. Apo Natural Park, the ICCs/IPs are known to be composed of the Bagobo and its sub-tribes namely the Ubo, Jangan, and Tagabawa or Bawa who reside within or are substantially dependent upon the protected area.
"Legitimate private rights" refers to vested prior rights acquired in accordance with existing laws without taint of deceit, stealth, fraud or bad faith.
"Management Plan" refers to the fundamental plan, strategy and/or scheme which shall guide all activities relating to the Mt. Apo Natural Park in order to attain the objectives of this Act as stated in Section 2 hereof.
"Non-government organizations" refers to nonstock, nonprofit organizations with qualifications and expertise and engaged in activities concerning community organizing and development or resource and environmental conservation, management and protection related to the protected area.
"People's organization" refers to a group of people, which may be an association, cooperative, federation, or aggrupation of individuals or groups, with an identifiable structure of decision making and accountability, established to undertake collective action to address community concerns and needs in relation to the protected area.
"Protected area" refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation.
"Secretary" refers to the Secretary of the Department of Environment and Natural Resources (DENR).
"Stakeholders" refers to individuals, communities, organizations or aggrupation of specific interests or sectors which have particular interest in the achievement of the objective of this Act or dependence, access, or utilization of resources within the protected area such as but not limited to the local government units, people's organizations, non-government organizations, indigenous cultural communities, the DENR, and other concerned government agencies.
"Sustainability or sustainable" refers to the use of components of biological diversity in a way and at a rate that does not lead to the decline in the species used, thereby maintaining its potential to meet the needs and aspirations of the present and future Filipino generations.
"Tenured migrants" refers to individuals and households who have actually and continuously occupied public lands which are not alienable and disposable within the protected area before June 1, 1987 and are substantially dependent on the protected area for their livelihood.
"Timber" refers to wood having an average diameter of at least fifteen (15) centimeters and a length of at least one and a half (1.5) meter in its unaltered state, or wood regardless of size, sawn or hewn on two or more sides usually referred to as flitch and all mangrove.
SEC. 4. Scope . — The Mt. Apo Natural Park shall cover certain parcels of lands situated in the municipalities of Magpet and Makilala and City of Kidapawan in the Province of Cotabato; municipalities of Bansalan and Sta. Cruz and City of Digos in the Province of Davao del Sur, and in the City of Davao. The boundaries of the Mt. Apo Natural Park, containing an area of 549,744,724.32 square meters, more or less, subject to ground demarcation are as follows:
Beginning at a point marked "1" on the map and on the ground; being N 45º36' W about 4,044.877 meters from BCGS monument APO B.L. 29E 1953;
CORNER LINE BEARING DISTANCE CORNER MONUMENT REFERENCE OR LOCATION
1 N 54°12' E 543.89 meters 20 CM X 20 CM. On ridge of Mt.
2 Conc. Mon. Talomo range.
2 2 S 56°38' E 5,595.16 meters 20 CM X 20 CM. Bank of Talomo
3 Conc. Mon. River.
3 3 S 4°33' E 1,852.29 meters 20 CM X 20 CM. Junction of Talomo
4 Conc. Mon. River & Taguy Cr.
4 4 S 41°18' W 229.50 meters 20 CM X 20 CM. Bank of Taguy Cr.
5 Conc. Mon.
5 5 S 36°28' E 122.09 meters 20 CM X 20 CM. On slope of ridge
6 Conc. Mon
6 6 S 40°40' E 515.88 meters 20 CM X 20 CM. On slope of ridge
7 Conc. Mon.
7 7 S 48°30' E 338.66 meters 20 CM X 20 CM. On slope of ridge
8 Conc. Mon.
8 8 N 56°17' E 2,742.27 meters 20 CM X 20 CM. Bank of Saro River
9 Conc. Mon.
9 9 N 85º53' E 1,745.00 meters 20 CM X 20 CM. Bank of Saro River
10 Conc. Mon.
10 10 S 31°47' W 3,166.44 meters 20 CM X 20 CM. Junct. of Lipadas
11 Conc. Mon. River & Saro River
11 11 S 22º00' E 475.14 meters 20 CM X 20 CM. Bank of Lipadas
12 Conc. Mon. River
12 12 N 77°00' E 350.00 meters 20 CM X 20 CM. On slope of ridge
13 Conc. Mon.
13 13 S 30º00' E 235.12 meters 20 CM X 20 CM. Bank of Longon 1
14 Conc. Mon. Creek
14 14 N 63º19' E 1,266.50 meters 20 CM X 20 CM. Bank of Longon 2
15 Conc. Mon. Creek
15 15 S 66°42' E 504.80 meters 20 CM X 20 CM. Junct. of Longon 2
16 Conc. Mon. Cr. & Alano Cr.
16 16 S 53º40' W 968.03 meters 20 CM X 20 CM. Bank of Tagurano
17 Conc. Mon. Creek
17 17 S 41°47' W 695.66 meters 20 CM X 20 CM. On ridge near
18 Conc. Mon. trail
18 18 S 51º28' W 469.85 meters 20 CM X 20 CM. Bank of Lapuy Creek
19 Conc. Mon.
19 19 S 62º41' W 505.11 meters 20 CM X 20 CM. Bank of Lapuy Creek
20 Conc. Mon.
20 20 S 50°00' E 213.77 meters 20 CM X 20 CM. Bank of Lapuy Creek
21 Conc. Mon.
21 21 S 14°00' E 395.50 meters 20 CM X 20 CM. On slope of ridge
22 Conc. Mon.
22 22 N 72º16' E 280.00 meters 20 CM X 20 CM. Bank of Gumate
23 Conc. Mon. Creek
23 23 S 68º59' E 465.05 meters 20 CM X 20 CM. Bank of Gumate
24 Conc. Mon. Creek
24 24 N 47º06' E 420.00 meters 20 CM X 20 CM. Bank of Gumate
25 Conc. Mon. Creek
25 25 S 77º13' E 440.00 meters 20 CM X 20 CM. Bank of Gumate
26 Conc. Mon. Creek
26 26 S 05°15' W 340.00 meters 20 CM X 20 CM. Bank of Gumate
27 Conc. Mon. Creek
27 27 S 05°15' W 339.64 meters 20 CM X 20 CM. On slope of ridge
28 Conc. Mon. near Bulakan
28 28 N 73°59' E 455.24 meters 20 CM X 20 CM. Bank of Walaway
29 Conc. Mon. Creek
29 29 S 84°56' E 817.53 meters 20 CM X 20 CM. Bank of Walaway
30 Conc. Mon. Creek
30 30 S 70º48' W 1,888.69 meters 20 CM X 20 CM. Junct. of Bato River
31 Conc. Mon. & Walaway Creek
31 31 S 04º00' W 220.55 meters 20 CM X 20 CM. Bank of Bato River
32 Conc. Mon.
32 32 S 22°00' W 470.00 meters 20 CM X 20 CM. On slope of ridge
33 Conc. Mon.
33 33 S 22°00' W 530.00 meters 20 CM X 20 CM. On slope of ridge
34 Conc. Mon.
34 34 S 22°00' W 300.00 meters 20 CM X 20 CM. On slope/side of
35 Conc. Mon. trail
35 35 S 85°00' W 400.00 meters 20 CM X 20 CM. On slope of ridge
36 Conc. Mon.
36 36 Due South 601.96 meters 20 CM X 20 CM. On slope of ridge
37 Conc. Mon.
37 37 S 53°28' E 353.22 meters 20 CM X 20 CM. North bank of
38 Conc. Mon. Baracatan River
38 38 S 22º40' W 258.01 meters 20 CM X 20 CM. North bank of
39 Conc. Mon. Baracatan River
39 39 S 22°40' W 298.88 meters 20 CM X 20 CM. On slope south of
40 Conc. Mon. Cucob Creek
40 40 S 22º41' W 101.57 meters 20 CM X 20 CM. On slope near
41 Conc. Mon. DENR office bldg.
41 41 S 34°00' E 125.00 meters 20 CM X 20 CM. On bank of gully
42 Conc. Mon.
42 42 S 10º00' W 350.00 meters 20 CM X 20 CM. On slope of ridge
43 Conc. Mon.
43 43 S 21°00' W 600.00 meters 20 CM X 20 CM. On slope of ridge
44 Conc. Mon.
44 44 S 36°00' W 600.00 meters 20 CM X 20 CM. North bank of
45 Conc. Mon. Madalambaog Cr.
45 45 N 78º10' W 860.59 meters 20 CM X 20 CM. North bank of Dolis
46 Conc. Mon. Creek
46 46 S 03°31' W 189.10 meters A point At source of Bidaran
47 Creek
47 47 S 08º32' W 510.52 meters STAKE On slope of ridge
48
48 48 S 37°46' E 2,405.34 meters STAKE On slope of ridge
49
49 49 S 07°57' E 448.82 meters STAKE On slope of ridge
50
50 50 S 52°25' E 479.94 meters A point At bank of Cabarisan
51 Creek
51 51 S 17°25' W 891.71 meters A point At bank of Cabarisan
52 Creek
52 52 S 02º03' E 1,297.30 meters STAKE On slope of ridge
53 W. of Balusong Cr.
53 53 S 75°03' E 954.26 meters STAKE On slope of ridge
54 E. of Balusong Cr.
54 54 N 56º54' E 1,346.63 meters STAKE On slope of ridge
55
55 55 S 67º28' E 1,856.12 meters STAKE On slope of ridge E.
56 of Ligi Creek
56 56 S 15°31' E 1,963.46 meters STAKE On bank of Bunawan
57 Cr.
57 57 S 57°14' E 1,251.26 meters STAKE On slope of ridge
58
58 58 S 31°51' E 2,370.84 meters STAKE On slope of ridge
59
59 59 S 19°04' W 1,626.45 meters STAKE On slope of ridge
60
60 60 S 10°34' E 739.39 meters STAKE On slope of
61 Kabayawa Ridge
61 61 S 43°16' W 2,752.97 meters STAKE On slope of
62 Ridge Patulangon
62 62 N 36º44' W 2,090.86 meters STAKE On slope of Lubo
63 Ridge
63 63 N 64°18' W 457.09 meters STAKE Bank of Latong
64 Creek
64 64 S 83°11' W 892.99 meters STAKE On slope of Luay
65 Ridge
65 65 S 53°45' W 1,566.66 meters STAKE On slope of ridge
66
66 66 S 04°21' W 1,713.10 meters STAKE N. bank of Pilan
67 Creek
67 67 S 89°58' W 1,829.53 meters STAKE On slope of ridge
68
68 68 S 79º40' W 355.08 meters STAKE On slope of ridge
69
69 69 N 34°57' W 1,040.41 meters STAKE On slope of ridge
70
70 70 S 59°05' W 1,180.96 meters STAKE On slope of ridge
71
71 71 N 71°35' W 511.08 meters STAKE On slope of ridge
72
72 72 S 42º59' W 399.11 meters STAKE On bank of Calagan
73 Creek
73 73 S 39°02' W 398.93 meters 20 CM X 20 CM. On bank of Calagan
74 Conc. Mon. Creek
74 74 S 22°37' E 1,480.46 meters 20 CM X 20 CM. Junct. of Calagan
75 Conc. Mon. Cr. & Ruparan River
75 75 S 12°52' E 1,103.10 meters 20 CM X 20 CM. Bank of Ruparan
76 Conc. Mon. River
76 76 S 444°46' E 1,166.20 meters 20 CM X 20 CM. Bank of Ruparan
77 Conc. Mon. River
77 77 S 02º18' W 2,075.31 meters 20 CMX 20 CM. Bank of Ruparan
78 Conc. Mon. River
78 78 S 62º17' W 1,386.05 meters 20 CM X 20 CM. Bank of Ruparan
79 Conc. Mon. River
79 79 N 49°54' W 1,109.34 meters 20 CM X 20 CM. Bank of Ruparan
80 Conc. Mon. River
80 80 N 36º01' W 1,216.78 meters STAKE On slope of ridge
81
81 81 N 24º39' W 672.95 meters STAKE On bank of Bidarag
82 Creek
82 82 N 63º53' W 1,223.94 meters STAKE On slope of ridge
83
83 83 N 42°21' W 890.68 meters STAKE On east bank of
84 Calamagan Creek
84 84 N 43º58' W 528.01 meters STAKE On east bank of
85 Napan Creek
85 85 N 86°49' W 903.14 meters STAKE On slope of ridge
86
86 86 S 61º39' W 428.68 meters STAKE On slope of ridge
87
87 87 N 89°34' W 798.06 meters STAKE On slope of ridge
88
88 88 S 52º09' W 502.97 meters STAKE On bank of
89 intermittent creek
89 89 S 26º19' W 867.72 meters STAKE On slope of ridge
90
90 90 N 84º54' W 1,918.83 meters STAKE Slope of ridge west
91 of Balabag Creek
91 91 S 82°42' W 1,921.99 meters STAKE On slope of ridge
92
92 92 N 78º21' W 767.59 meters STAKE Slope of ridge west
93 of Sinawilan Creek
93 93 S 88º37' W 352.11 meters STAKE On bank of Miral
94 River
94 94 N 27°59' W 1,076.23 meters STAKE Slope of ridge west
95 of Miral River
95 95 N 57°56' W 564.60 meters STAKE On slope of ridge
96
96 96 N 00°09' W 487.82 meters STAKE On slope of ridge
97
97 97 N 53°47' W 3,390.96 meters STAKE On slope of ridge
98
98 98 N 46°16' E 2,359.60 meters STAKE On slope of ridge
99
99 99 N 20º46' W 3,193.79 meters STAKE Slope of ridge east
100 of Marber River
100 100 N 01º19' W 1,032.99 meters STAKE On slope of ridge
101
101 101 N 46°52' W 542.18 meters STAKE Slope of ridge east
102 of Darapuay River
102 102 N 76°48' W 320.53 meters STAKE East bank of
103 Balugan River
103 103 N 82°47' W 672.03 meters STAKE East bank of
104 Balugan River
104 104 N 50°00' W 1,791.19 meters STAKE Slope of ridge west
105 of Balugan River
105 105 N 05°06' W 2,161.48 meters STAKE Slope of ridge west
106 of Bulatukan River
106 106 N 12º56' W 2,053.92 meters STAKE On slope of ridge
107
107 107 N 06°24' E 1,348.10 meters STAKE On slope of ridge
108
108 108 N 16°02' E 1,893.96 meters STAKE On slope of ridge
109
109 109 N 37º47' W 506.92 meters STAKE On slope of ridge
110
110 110 N 01º27' W 417.96 meters STAKE On slope of ridge
111
111 111 S 86°13' E 971.65 meters STAKE Bank of Saguing
112 River
112 112 N 69º21' E 487.24 meters STAKE Slope of ridge north
113 of Saguing River
113 113 N 38º07' E 293.20 meters STAKE On slope of ridge
114
114 114 N 64°57' E 510.64 meters STAKE On slope of ridge
115
115 115 N 78º35' E 281.30 meters STAKE On slope of ridge
116
116 116 N 41º59' E 598.15 meters STAKE On slope of ridge
117
117 117 N 05º58' E 788.39 meters STAKE On slope of ridge
118
118 118 N 59º45' E 558.02 meters STAKE Slope of ridge south
119 of Kinatilan River
119 119 N 89º00' E 1,633.62 meters STAKE Slope of ridge north
120 of Kinatilan River
120 120 S 37°48' W 820.01 meters STAKE Ident. to cor. 4 Geo-
121 thermal reservation
121 121 S 52º12' E 4,274.96 meters 20 CM X 20 CM. Ident. to cor. 4 Geo-
122 Conc. Mon. thermal reservation
122 122 N 37°48' E 1,640.01 meters 20 CM X 20 CM. Ident. to cor. 3 Geo-
123 Conc. Mon. thermal reservation
123 123 N 52º12' W 3,654.96 meters 20 CM X 20 CM. Ident. to cor. 2 Geo-
124 thermal reservation
124 124 N 29º51' E 92.42 meters STAKE On slope of ridge
125
125 125 N 46º58' W 615.63 meters 20 CM X 20 CM. Bank of Marver
126 Conc. Mon. River
126 126 N 14º02' E 371.07 meters STAKE On slope of ridge
127 Conc. Mon.
127 127 N 61°23' W 751.84 meters STAKE Bank of Marver
128 River
128 128 N 9°47' E 588.56 meters STAKE Bank of Marver
129 River
129 129 N 51º09' W 1,734.11 meters STAKE Bank of Marver
130 River
130 130 N 71°09' E 3,615.81 meters STAKE Bank of Marver
131 River
131 131 N 67º46' E 2,259.01 meters STAKE On slope of ridge
132
132 132 N 83°22' E 1,398.22 meters STAKE On slope of ridge
133
133 133 N 23°16' E 1,803.49 meters STAKE On slope of ridge
134
134 134 N 88º20' E 450.06 meters 20 CM X 20 CM. On slope of ridge
135 Conc. Mon.
135 135 N 88°56' E 437.43 meters 20 CM X 20 CM. On slope of ridge
136 Conc. Mon.
136 136 N 89°20' E' 314.90 meters 20 CM X 20 CM. On slope of ridge
137 Conc. Mon.
137 137 N 58°07' E 460.37 meters 20 CM X 20 CM. On slope of ridge
1 Conc. Mon.
A parcel of land containing seven million ten thousand (7,010,000.00) sq. m., which was declared as a geothermal reservation, under the jurisdiction, control, and administration of the Philippine National Oil Company (PNOC) by virtue of its prior vested rights under Proclamation No. 853 of January 30, 1992 in conjunction with Executive Order No. 223, is hereby excluded from the Park: Provided , That in line with PNOC's environmental and watershed management program, PNOC shall assist in the protection and management of the Mt. Apo Natural Park in the form of direct assistance in reforestation and other preservation activities in the Park that may be identified: Provided, further , That the PNOC geothermal reservation shall automatically revert to and form part of the Park upon cessation of PNOC operations in the excluded area.
In view of the crucial role of power generation to the national economy, plans and activities of the PNOC geothermal project related to support facilities, back-up or new transmission lines, stabilizing and power-enhancing substations, and other auxiliary support facilities which are vital to the environmental sustainability and energy security of Mindanao shall be implemented within designated buffer zones subject to approval of the Protected Area Management Board (PAMB) and by appropriate government agencies in line with the national mandate on the development of indigenous sources of energy.
SEC. 5. Establishment of Buffer Zones . — Buffer zones of the Mt. Apo Natural Park are hereby established through this Act pursuant to Section 8 of the NIPAS Act to serve as additional peripheral layer of protection to the protected area by providing regulated benefits and livelihood opportunities to local communities to build a strong social fence to the protected area. The boundary of the buffer zones, subject to ground demarcation is hereby described as follows:
BUFFER ZONE, PARCEL 1
A parcel of land containing an area of 25,357,266.07 square meters, more or less, declared as Buffer Zone Parcel (1), beginning at a point marked "1" on the map and on the ground being identical to point 45 of Mt. Apo Natural Park;
CORNER LINE BEARING DISTANCE CORNER MONUMENT REFERENCE OR LOCATION
1 1 S 41º36' E 661.87 meters 20 CM X 20 CM Identical to Cor.
2 Conc. Monument 45, MANP
2 2 S 77°47' E 833.66 meters 20 CM X 20 CM Bank of Dolis Cr.
3 Conc. Monument
3 3 S 42°24' E 836.15 meters 20 CM X 20 CM Bank of Dolis Cr.
4 Conc. Monument
4 4 S 03º34' E 321.07 meters 20 CM X 20 CM Bank of Dolis Cr.
5 Conc. Monument
5 5 S 18º10' E 730.66 meters 20 CM X 20 CM Bank of Dolis Cr.
6 Conc. Monument
6 6 S 18º26' E 339.89 meters 20 CM X 20 CM On slope of ridge
7 Conc. Monument
7 7 S 82º39' W 417.92 meters 20 CM X 20 CM On slope of ridge
8 Conc. Monument
8 8 S 09°10' E 310.47 meters 20 CM X 20 CM Slope of ridge
9 Conc. Monument east of Bidaran Cr.
9 9 S 24°53' E 380.30 meters 20 CM X 20 CM On slope of ridge
10 Conc. Monument east of Bidaran Cr.
10 10 S 62°48' W 224.29 meters 20 CM X 20 CM South bank of
11 Conc. Monument Sibulan River
11 11 N 85º19' W 336.62 meters 20 CM X 20 CM Slope of ridge
12 Conc. Monument south of Sibulan R
12 12 S 01°11' W 375.08 meters 20 CM X 20 CM Slope of ridge
13 Conc. Monument south of Sibulan R
13 13 S 08°07' W 404.04 meters 20 CM X 20 CM On slope of ridge
14 Conc. Monument
14 14 S 11°19' W 458.91 meters 20 CM X 20 CM On slope of ridge
15 Conc. Monument
15 15 S 46°18' E 372.74 meters 20 CM X 20 CM On slope of ridge
16 Conc. Monument
16 16 N 39°11' E 561.26 meters 20 CM X 20 CM Bank of creek
17 Conc. Monument
17 17 S 59º29' E 430.30 meters 20 CM X 20 CM On slope of ridge
18 Conc. Monument
18 18 N 19°26' E 493.07 meters 20 CM X 20 CM Bank of creek
19 Conc. Monument
19 19 N 34°38' E 365.18 meters 20 CM X 20 CM Bank of creek
20 Conc. Monument
20 20 N 73°58' E 355.76 meters 20 CM X 20 CM Bank of creek
21 Conc. Monument
21 21 S 51°06' E 365.68 meters 20 CM X 20 CM On slope of ridge
22 Conc. Monument
22 22 S 27°12' E 393.63 meters 20 CM X 20 SM. On slope of ridge
23 Conc. Monument
23 23 S 31°19' E 403.97 meters 20 CM X 20 CM Bank of creek
24 Conc. Monument
24 24 N 80°11' E 411.17 meters 20 CM X 20 CM On slope of ridge
25 Conc. Monument
25 25 S 87°57' E 281.29 meters 20 CM X 20 CM On slope of ridge
26 Conc. Monument
26 26 N 86º51' E 459.34 meters 20 CM X 20 CM On slope of ridge
27 Conc. Monument
27 27 S 11°54' E 260.64 meters 20 CM X 20 CM Bank of creek
28 Conc. Monument
28 28 N 77º49' E 173.99 meters 20 CM X 20 CM On slope of ridge
29 Conc. Monument
29 29 S 28º55' E 323.34 meters 20 CM X 20 CM On slope of ridge
30 Conc. Monument
30 30 S 06º25' W 668.48 meters 20 CM X 20 CM On slope of ridge
31 Conc. Monument
31 31 S 19º55' E 550.00 meters 20 CM X 20 CM Bank of Gully
32 Conc. Monument
32 32 S 19º55' E 501.50 meters 20 CM X 20 CM On slope of ridge
33 Conc. Monument
33 33 S 75°34' E 450.00 meters 20 CM X 20 CM Bank of creek
34 Conc. Monument
34 34 S 75º34' E 437.65 meters 20 CM X 20 CM On slope of ridge
35 Conc. Monument
35 35 S 45°41' E 689.53 meters 20 CM X 20 CM On slope of ridge
36 Conc. Monument
36 36 S 04°35 E 503.90 meters 20 CM X 20 CM On slope of ridge
37 Conc. Monument
37 37 S 35°56' E 690.28 meters 20 CM X 20 CM Bank of creek
38 Conc. Monument
38 38 S 35°08' E 571.52 meters 20 CM X 20 CM On slope of ridge
39 Conc. Monument
39 39 S 39°35' E 661.89 meters 20 CM X 20 CM On slope of ridge
40 Conc. Monument
40 40 S 15º24' W 430.07 meters 20 CM X 20 CM On slope of ridge
41 Conc. Monument
41 41 S 26º55' W 360.00 meters 20 CM X 20 CM On slope of ridge
42 Conc. Monument
42 42 S 26º55' W 363.76 meters 20 CM X 20 CM On slope of ridge
43 Conc. Monument
43 43 S 29°32' W 350.00 meters 20 CM X 20 CM On slope of ridge
44 Conc. Monument
44 44 S 29°32' W 354.77 meters 20 CM X 20 CM On slope of ridge
45 Conc. Monument
45 45 S 16°11' E 499.72 meters 20 CM X 20 CM Slope of ridge
46 Conc. Monument south of Corono R
46 46 S 32°56' E 709.62 meters 20 CM X 20 CM On slope of
47 Conc. Monument Kabayawa Hill
47 47 S 48°14' W 660.00 meters 20 CM X 20 CM On slope of
48 Conc. Monument Kabayawa Hill
48 48 S 48°14' W 659.27 meters 20 CM X 20 CM On slope of
49 Conc. Monument Patulangon Ridge
49 49 S 24°30' W 194.89 meters 20 CM X 20 CM On slope of
50 Conc. Monument Patulangon Ridge
50 50 S 18°29' W 433.68 meters 20 CM X 20 CM Bank of dry creek
51 Conc. Monument
51 51 S 39º49' W 70.76 meters 28 CM X 20 CM On slope of Batuto
52 Conc. Monument Ridge
52 52 S 70°59' W 647.65 meters 20 CM X 20 CM Bank of Batuto
53 Conc. Monument Creek
53 53 S 43°29' W 619.66 meters 20 CM X 20 CM On slope of Tacub
54 Conc. Monument Ridge
54 54 S 00°14' W 689.66 meters 20 CM X 20 CM On slope of west
55 Conc. Monument of Tacub Creek
55 55 S 80°29' W 660.00 meters 20 CM X 20 CM On slope of ridge
56 Conc. Monument
56 56 S 80°29' W 659.92 meters 20 CM X 20 CM Bank of Lubo
57 Conc. Monument Creek
57 57 N 05°26' W 869.59 meters 20 CM X 20 CM On slope east of
58 Conc. Monument Latong Creek
58 58 S 73°19' W 660.00 meters 20 CM X 20 CM On slope west of
59 Conc. Monument Latong Creek
59 59 S 73°19' W 659.27 meters 20 CM X 20 CM Bank of Pinanlilok
60 Conc. Monument Creek
60 60 N 14º45' W 410.00 meters 20 CM X 20 CM On slope of ridge
61 Conc. Monument
61 61 N 14º45' W 409.62 meters 20 CM X 20 CM On slope of ridge
62 Conc. Monument
62 62 N 14°45' W 574.74 meters 20 CM X 20 CM On slope of ridge
63 Conc. Monument
63 63 N 87°16' W 529.73 meters 20 CM X 20 CM On slope of ridge
64 Conc. Monument
64 64 S 26º34' W 699.64 meters 20 CM X 20 CM On slope of ridge
65 Conc. Monument
65 65 S 06°26' E 279.85 meters 20 CM X 20 CM On slope of ridge
66 Conc. Monument
66 66 S 19°46' E 579.69 meters 20 CM X 20 CM On slope of ridge
67 Conc. Monument
67 67 S 02º59' W 510.00 meters 20 CM X 20 CM On slope of ridge
68 Conc. Monument
68 68 S 02º59' W 509.46 meters 20 CM X 20 CM On slope of ridge
69 Conc. Monument
69 69 N 71º57' W 520.00 meters 20 CM X 20 CM On slope of ridge
70 Conc. Monument
70 70 N 71°57' W 521.71 meters 20 CM X 20 CM On slope of ridge
71 Conc. Monument
71 71 S 79º46' W 400.00 meters 20 CM X 20 CM On slope of ridge
72 Conc. Monument
72 72 S 79º46' W 401.59 meters 20 CM X 20 CM On slope of ridge
73 Conc. Monument
73 73 S 83º36' W 510.67 meters 20 CM X 20 CM On slope of ridge
74 Conc. Monument
74 74 N 74°40' W 400.00 meters 20 CM X 20 CM On slope of ridge
75 Conc. Monument
75 75 N 74°40' W 402.30 meters 20 CM X 20 CM On slope of ridge
76 Conc. Monument
76 76 N 35°49' W 390.00 meters 20 CM X 20 CM On slope of ridge
77 Conc. Monument
77 77 N 35°49' W 395.22 meters 20 CM X 20 CM On slope of ridge
78 Conc. Monument
78 78 S 65°42' W 500.00 meters 20 CM X 20 CM On slope of ridge
79 Conc. Monument
79 79 S 65°42' W 500.00 meters 20 CM X 20 CM South side of
80 Conc. Monument Provincial River
80 80 S 65°42' W 498.05 meters 20 CM X 20 CM On slope of ridge
81 Conc. Monument
81 81 N 27º45' W 239.90 meters 20 CM X 20 CM On slope of ridge
82 Conc. Monument
82 82 N 42°45' W 309.87 meters 20 CM X 20 CM On slope of ridge
83 Conc. Monument
83 83 N 42°59' E 399.11 meters 20 CM X 20 CM Identical to cor.
84 Conc. Monument 73, MANP
84 84 S 71º35' E 511.08 meters STAKE Identical to cor.
85 72, MANP
85 85 N 59º05' E 1,180.97 meters STAKE Identical to cor.
86 71, MANP
86 86 S 34°57' E 1,040.41 meters STAKE Identical to cor.
87 70, MANP
87 87 N 79°40' E 355.08 meters STAKE Identical to cor.
88 69, MANP
88 88 N 89º58' E 1,829.53 meters STAKE Identical to cor.
89 68, MANP
89 89 N 04º21' E 1,713.10 meters STAKE Identical to cor.
90 67, MANP
90 90 N 53°45' E 1,566.66 meters STAKE Identical to cor.
91 66, MANP
91 91 N 83°11' E 892.99 meters STAKE Identical to cor.
92 65, MANP
92 92 S 64°18' E 457.09 meters STAKE Identical to cor.
93 64, MANP
93 93 S 35°44' E 2,090.86 meters STAKE Identical to cor.
94 63, MANP
94 94 N 43°16' E 2,752.96 meters STAKE Identical to cor.
95 62, MANP
95 95 N 10°34' W 739.39 meters STAKE Identical to cor.
96 61, MANP
96 96 N 19º04' E 1,626.45 meters STAKE Identical to cor.
97 60, MANP
97 97 N 31°51' W 2,370.84 meters STAKE Identical to cor.
98 59, MANP
98 98 N 57º14' W 1,251.26 meters STAKE Identical to cor.
99 58, MANP
99 99 N 15°31' W 1,963.46 meters STAKE Identical to cor.
100 57, MANP
100 100 N 67º28' W 1,856.12 meters STAKE Identical to cor.
101 56, MANP
101 101 S 56°54' W 1,346.63 meters STAKE Identical to cor.
102 55, MANP
102 102 N 75º03' W 954.26 meters STAKE Identical to cor.
103 54, MANP
103 103 N 02º03' E 1,297.30 meters STAKE Identical to cor.
104 53, MANP
104 104 N 17º25' E 891.71 meters STAKE Identical to cor.
105 52, MANP
105 105 N 52º25' W 479.94 meters STAKE Identical to cor.
106 51, MANP
106 106 N 07º57' W 448.82 meters STAKE Identical to cor.
107 50, MANP
107 107 N 37°46' W 2,405.84 meters STAKE Identical to cor.
108 49, MANP
108 108 N 08°32' E 510.52 meters STAKE Identical to cor.
109 48, MANP
109 109 N 03°31' E 189.10 meters STAKE Identical to cor.
110 47, MANP
110 1 S 78º10' E 860.59 meters STAKE Identical to cor.
46, MANP
BUFFER ZONE, PARCEL 2
A parcel of land containing an area of 65,423,921.15 square meters, more or less, declared as Buffer Zone Parcel (2), beginning at a point marked "1" on the map and on the ground being identical to point 79 of the Mt. Apo Natural Park;
CORNER LINE BEARING DISTANCE CORNER MONUMENT REFERENCE OR LOCATION
1 1 S 08°17' W 1,070.03 meters 20 CM X 20 CM Identical to cor.
2 Conc. Monument 79, MANP
2 2 N 43°20' W 400.00 meters 20 CM X 20 CM West bank of
3 Conc. Monument Ruparan River
3 3 N 43°20' W 400.00 meters 20 CM X 20 CM On land planted
4 Conc. Monument w/ sugarcane
4 4 N 43°20' W 400.00 meters 20 CM X 20 CM On land planted
5 Conc. Monument w/ sugarcane
5 5 N 43°20' W 400.00 meters 20 CM X 20 CM On cultivated land
6 Conc. Monument
6 6 N 43°20' W 481.82 meters 20 CM X 20 CM On cultivated land
7 Conc. Monument
7 7 N 64°55' W 481.88 meters 20 CM X 20 CM On cultivated land
8 Conc. Monument
8 8 N 37°49' W 450.00 meters 20 CM X 20 CM On cultivated land
9 Conc. Monument
9 9 N 37º49' W 450.00 meters 20 CM X 20 CM On cultivated land
10 Conc. Monument
10 10 N 37°49' W 450.00 meters 20 CM X 20 CM On cultivated land
11 Conc. Monument
11 11 N 37º49' W 450.00 meters 20 CM X 20 CM On cultivated land
12 Conc. Monument
12 12 N 37°49' W 513.33 meters 20 CM X 20 CM On cultivated land
13 Conc. Monument unknown cr.
13 13 N 52°51' W 491.88 meters 20 CM X 20 CM On cultivated land
14 Conc. Monument west of Guna River
14 14 S 82°03' W 370.00 meters 20 CM X 20 CM On cultivated land
15 Conc. Monument west of Guna River
15 15 S 82º03' W 369.74 meters 20 CM X 20 CM On cultivated land
16 Conc. Monument
16 16 N 56º46' W 385.52 meters 20 CM X 20 CM On cultivated land
17 Conc. Monument
17 17 S 13º22' W 369.51 meters 20 CM X 20 CM On cultivated land
18 Conc. Monument
18 18 S 55°35' W 472.00 meters 20 CM X 20 CM On cultivated land
19 Conc. Monument
19 19 S 55°35' W 472.80 meters 20 CM X 20 CM On cultivated land
20 Conc. Monument
20 20 N 86°04' W 481.00 meters 20 CM X 20 CM On cultivated land
21 Conc. Monument
21 21 N 86º04' W 480.59 meters 20 CM X 20 CM On cultivated land
22 Conc. Monument
22 22 N 67º37' W 319.45 meters 20 CM X 20 CM On cultivated land
23 Conc. Monument
23 23 S 28°18' W 474.00 meters 20 CM X 20 CM On cultivated land
24 Conc. Monument
24 24 S 28°18' W 474.00 meters 20 CM X 20 CM On cultivated land
25 Conc. Monument
25 25 S 28º18' W 473.60 meters 20 CM X 20 CM On cultivated land
26 Conc. Monument
26 26 S 44º36' W 552.24 meters 20 CM X 20 CM On cultivated land
27 Conc. Monument
27 27 S 44°36' W 552.24 meters 20 CM X 20 CM On cultivated land
28 Conc. Monument
28 28 S 89°33' W 556.05 meters 20 CM X 20 CM On cultivated land
29 Conc. Monument
29 29 S 89°33' W 556.06 meters 20 CM X 20 CM On cultivated land
30 Conc. Monument
30 30 N 27°27' W 457.18 meters 20 CM X 20 CM On cultivated land
31 Conc. Monument
31 31 N 70°38' W 666.55 meters 20 CM X 20 CM On cultivated land
32 Conc. Monument
32 32 S 70°38' W 405.88 meters 20 CM X 20 CM On cultivated land
33 Conc. Monument
33 33 S 70º38' W 405.88 meters 20 CM X 20 CM On cultivated land
34 Conc. Monument
34 34 N 56°22' W 576.53 meters 20 CM X 20 CM On cultivated land
35 Conc. Monument
35 35 N 23°06' W 432.74 meters 20 CM X 20 CM On cultivated land
36 Conc. Monument
36 36 N 23°06' W 432.74 meters 20 CM X 20 CM On cultivated land
37 Conc. Monument
37 37 N 57°13' W 255.53 meters 20 CM X 20 CM On cultivated land
38 Conc. Monument
38 38 N 21°36' W 597.70 meters 20 CM X 20 CM Bank of Moral
39 Conc. Monument River
39 39 N 50°06' W 544.26 meters 20 CM X 20 CM On cultivated land
40 Conc. Monument
40 40 N 50°06' W 544.26 meters 20 CM X 20 CM On cultivated land
41 Conc. Monument
41 41 N 50°06' W 544.26 meters 20 CM X 20 CM On cultivated land
42 Conc. Monument
42 42 N 54°41' W 687.07 meters 20 CM X 20 CM On cultivated land
43 Conc. Monument
43 43 N 40°08' W 679.01 meters 20 CM X 20 CM On cultivated land
44 Conc. Monument
44 44 S 88°21' W 416.82 meters 20 CM X 20 CM On cultivated land
45 Conc. Monument
45 45 S 88°21' W 416.82 meters 20 CM X 20 CM On cultivated land
46 Conc. Monument
46 46 N 50º51' W 513.23 meters 20 CM X 20 CM On cultivated land
47 Conc. Monument
47 47 N 50°51' W 513.24 meters 20 CM X 20 CM On cultivated land
48 Conc. Monument
48 48 N 07°01' W 513.93 meters 20 CM X 20 CM On cultivated land
49 Conc. Monument
49 49 N 74º47' W 387.00 meters 20 CM X 20 CM On cultivated land
50 Conc. Monument
50 50 N 45º52' E 421.69 meters 20 CM X 20 CM On cultivated land
51 Conc. Monument
51 51 N 45°52' E 421.69 meters 20 CM X 20 CM On cultivated land
52 Conc. Monument
52 52 N 45º52' E 421.69 meters 20 CM X 20 CM On cultivated land
53 Conc. Monument
53 53 N 45º52' E 421.69 meters 20 CM X 20 CM On cultivated land
54 Conc. Monument
54 54 N 45°52' E 421.69 meters 20 CM X 20 CM On cultivated land
55 Conc. Monument
55 55 N 45°52' E 421.69 meters 20 CM X 20 CM On cultivated land
56 Conc. Monument
56 56 N 45º52' E 421.69 meters 20 CM X 20 CM On cultivated land
57 Conc. Monument
57 57 N 45°52' E 421.69 meters 20 CM X 20 CM On cultivated land
58 Conc. Monument
58 58 N 45°52' E 421.75 meters 20 CM X 20 CM On cultivated land
59 Conc. Monument
59 59 N 52º38' W 219.42 meters 20 CM X 20 CM Bank of Matanao
60 Conc. Monument River
60 60 N 42º16' W 325.45 meters 20 CM X 20 CM On cultivated land
61 Conc. Monument
61 61 N 37º50' W 190.47 meters 20 CM X 20 CM On cultivated land
62 Conc. Monument
62 62 N 45°15' W 335.05 meters 20 CM X 20 CM On cultivated land
63 Conc. Monument
63 63 N 16°52' W 300.70 meters 20 CM X 20 CM On cultivated land
64 Conc. Monument
64 64 N 68°18' W 239.00 meters 20 CM X 20 CM On cultivated land
65 Conc. Monument
65 65 N 64°30' W 363.10 meters 20 CM X 20 CM On cultivated land
66 Conc. Monument
66 66 N 19°38' W 372.02 meters 20 CM X 20 CM On cultivated land
67 Conc. Monument
67 67 N 56°38' W 352.12 meters 20 CM X 20 CM On cultivated land
68 Conc. Monument
68 68 N 25°48' E 544.59 meters 20 CM X 20 CM On cultivated land
69 Conc. Monument
69 69 N 41°01' E 579.42 meters 20 CM X 20 CM On cultivated land
70 Conc. Monument
70 70 N 26°30' W 374.40 meters 20 CM X 20 CM Bank of Darapuay
71 Conc. Monument River
71 71 N 29°00' E 322.11 meters 20 CM X 20 CM Bank of Darapuay
72 Conc. Monument River
72 72 N 70°53' W 145.26 meters 20 CM X 20 CM On cultivated land
73 Conc. Monument
73 73 N 74°20' W 246.28 meters 20 CM X 20 CM On cultivated land
74 Conc. Monument
74 74 N 59°14' W 226.30 meters 20 CM X 20 CM On cultivated land
75 Conc. Monument
75 75 S 60°53' W 137.63 meters 20 CM X 20 CM On cultivated land
76 Conc. Monument
76 76 S 19°37' W 241.07 meters 20 CM X 20 CM On cultivated land
77 Conc. Monument
77 77 N 52°34' W 181.94 meters 20 CM X 20 CM On cultivated land
78 Conc. Monument
78 78 N 75°07' W 227.31 meters 20 CM X 20 CM On cultivated land
79 Conc. Monument
79 79 N 76°43' W 243.70 meters 20 CM X 20 CM On cultivated land
80 Conc. Monument
80 80 N 12°20' E 322.03 meters 20 CM X 20 CM On cultivated land
81 Conc. Monument
81 81 N 06°19' W 218.85 meters 20 CM X 20 CM On cultivated land
82 Conc. Monument
82 82 N 21º48' W 339.70 meters 20 CM X 20 CM On cultivated land
83 Conc. Monument
83 83 N 66°29' W 214.94 meters 20 CM X 20 CM On cultivated land
84 Conc. Monument
84 84 N 24º22' W 228.13 meters 20 CM X 20 CM On cultivated land
85 Conc. Monument
85 85 N 59º57' W 256.35 meters 20 CM X 20 CM On cultivated land
86 Conc. Monument
86 86 N 18°47' W 306.65 meters 20 CM X 20 CM On cultivated land
87 Conc. Monument
87 87 S 29º29' W 286.43 meters 20 CM X 20 CM On cultivated land
88 Conc. Monument
88 88 N 72º20' W 358.85 meters 20 CM X 20 CM On cultivated land
89 Conc. Monument
89 89 N 81º33' W 244.92 meters 20 CM X 20 CM On cultivated land
90 Conc. Monument
90 90 S 84º28' W 223.56 meters 20 CM X 20 CM Bank of Bulatukan
91 Conc. Monument River
91 91 S 78º36' W 247.51 meters 20 CM X 20 CM On cultivated land
92 Conc. Monument
92 92 N 53°38' W 228.94 meters 20 CM X 20 CM On cultivated land
93 Conc. Monument
93 93 N 44°45' W 275.67 meters 20 CM X 20 CM On cultivated land
94 Conc. Monument
94 94 N 58°46' E 574.34 meters 20 CM X 20 CM On cultivated land
95 Conc. Monument
95 95 N 13º32' E 326.12 meters 20 CM X 20 CM On cultivated land
96 Conc. Monument
96 96 N 06º10' W 223.82 meters 20 CM X 20 CM On cultivated land
97 Conc. Monument
97 97 N 61°40' E 606.13 meters 20 CM X 20 CM On cultivated land
98 Conc. Monument
98 98 N 02°49' E 334.72 meters 20 CM X 20 CM On cultivated land
99 Conc. Monument
99 99 N 38º06' W 261.89 meters 20 CM X 20 CM On cultivated land
100 Conc. Monument
100 100 N 37°53' W 295.47 meters 20 CM X 20 CM On cultivated land
101 Conc. Monument
101 101 N 22º23' W 92.47 meters 20 CM X 20 CM On cultivated land
102 Conc. Monument
102 102 N 10°34' W 226.44 meters 20 CM X 20 CM On cultivated land
103 Conc. Monument
103 103 N 10º56' W 206.41 meters 20 CM X 20 CM On cultivated land
104 Conc. Monument
104 104 N 39°56' W 147.19 meters 20 CM X 20 CM On cultivated land
105 Conc. Monument
105 105 N 13°11' W 172.15 meters 20 CM X 20 CM On cultivated land
106 Conc. Monument
106 106 N 34°10' W 163.59 meters 20 CM X 20 CM On cultivated land
107 Conc. Monument
107 107 N 31º31' W 264.89 meters 20 CM X 20 CM On cultivated land
108 Conc. Monument
108 108 N 15º34' E 189.16 meters 20 CM X 20 CM On cultivated land
109 Conc. Monument
109 109 N 23°09' E 385.25 meters 20 CM X 20 CM On cultivated land
110 Conc. Monument
110 110 N 58º23' W 120.01 meters 20 CM X 20 CM On cultivated land
111 Conc. Monument
111 111 N 34°14' W 251.63 meters 20 CM X 20 CM On cultivated land
112 Conc. Monument
112 112 N 58°56' W 180.44 meters 20 CM X 20 CM On cultivated land
113 Conc. Monument
113 113 N 34°28' E 151.11 meters 20 CM X 20 CM On cultivated land
114 Conc. Monument
114 114 N 07°21' W 264.73 meters 20 CM X 20 CM On cultivated land
115 Conc. Monument
115 115 N 03°15' E 237.75 meters 20 CM X 20 CM On cultivated land
116 Conc. Monument
116 116 N 49º07' E 209.00 meters 20 CM X 20 CM On cultivated land
117 Conc. Monument
117 117 N 25º45' E 222.42 meters 20 CM X 20 CM On cultivated land
118 Conc. Monument
118 118 N 28º28' E 116.28 meters 20 CM X 20 CM On cultivated land
119 Conc. Monument
119 119 N 14º59' E 104.64 meters 20 CM X 20 CM On cultivated land
120 Conc. Monument
120 120 N 06º57' E 235.53 meters 20 CM X 20 CM On cultivated land
121 Conc. Monument
121 121 N 29º12' W 177.93 meters 20 CM X 20 CM On cultivated land
122 Conc. Monument
122 122 N 66º00' W 204.78 meters 20 CM X 20 CM On cultivated land
123 Conc. Monument
123 123 N 18º27' W 171.50 meters 20 CM X 20 CM On cultivated land
124 Conc. Monument
124 124 N 46º55' W 187.45 meters 20 CM X 20 CM On cultivated land
125 Conc. Monument
125 125 N 63º11' W 106.18 meters 20 CM X 20 CM On cultivated land
126 Conc. Monument
126 126 N 00º15' E 84.97 meters 20 CM X 20 CM On cultivated land
127 Conc. Monument
127 127 N 34º58' E 465.16 meters 20 CM X 20 CM On cultivated land
128 Conc. Monument
128 128 N 32º48' E 246.11 meters 20 CM X 20 CM On cultivated land
129 Conc. Monument
129 129 N 32º 29' E 327.96 meters 20 CM X 20 CM On cultivated land
130 Conc. Monument
130 130 N 23º13' E 409.96 meters 20 CM X 20 CM On cultivated land
131 Conc. Monument
131 131 N 35º11' E 222.55 meters 20 CM X 20 CM On cultivated land
132 Conc. Monument
132 132 N 21º54' E 352.23 meters 20 CM X 20 CM On cultivated land
133 Conc. Monument
133 133 N 25º01' W 246.03 meters 20 CM X 20 CM On cultivated land
134 Conc. Monument
134 134 N 70º28' W 158.87 meters 20 CM X 20 CM On cultivated land
135 Conc. Monument
135 135 N 36°21' W 205.43 meters 20 CM X 20 CM On cultivated land
136 Conc. Monument
136 136 N 33°49' E 320.92 meters 20 CM X 20 CM On cultivated land
137 Conc. Monument
137 137 N 36°48' W 165.94 meters 20C X 20 CM On cultivated land
138 Conc. Monument
138 138 N 02°55' E 107.58 meters 20 CM X 20 CM On cultivated land
139 Conc. Monument
139 139 N 08°51' W 63.27 meters 20 CM X 20 CM On cultivated land
140 Conc. Monument
140 140 N 27°50' W 84.97 meters 20 CM X 20 CM On cultivated land
141 Conc. Monument
141 141 N 54°42' E 85.99 meters 20 CM X 20 CM Bank of Saging
142 Conc. Monument River
142 142 N 51°47' W 995.32 meters 20 CM X 20 CM Bank of Saging
143 Conc. Monument River
143 143 S 52°57' W 1,357.05 meters 20 CM X 20 CM Bank of Saging
144 Conc. Monument River
144 144 N 39°41' W 159.67 meters 20 CM X 20 CM On cultivated land
145 Conc. Monument
145 145 N 27°03' E 537.59 meters 20 CM X 20 CM On cultivated land
146 Conc. Monument
146 146 N 44°55' E 312.79 meters 20 CM X 20 CM On cultivated land
147 Conc. Monument
147 147 N 65°50' E 356.78 meters 20 CM X 20 CM On cultivated land
148 Conc. Monument
148 148 N 26º31' E 212.59 meters 20 CM X 20 CM On cultivated land
149 Conc. Monument
149 149 N 30°55' E 342.88 meters 20 CM X 20 CM On cultivated land
150 Conc. Monument
150 150 N 48°37' E 240.75 meters 20 CM X 20 CM On cultivated land
151 Conc. Monument
151 151 N 26º48' W 269.36 meters 20 CM X 20 CM On cultivated land
152 Conc. Monument
152 152 N 35º43' E 245.49 meters 20 CM X 20 CM On cultivated land
153 Conc. Monument
153 153 N 11°04' W 254.86 meters 20 CM X 20 CM On cultivated land
154 Conc. Monument
154 154 N 15°08' W 207.35 meters 20 CM X 20 CM On cultivated land
155 Conc. Monument
155 155 N 78°41' W 598.44 meters 20 CM X 20 CM On cultivated land
156 Conc. Monument
156 156 N 01°02' W 334.97 meters 20 CM X 20 CM On cultivated land
157 Conc. Monument
157 157 N 50°10' E 267.83 meters 20 CM X 20 CM On cultivated land
158 Conc. Monument
158 158 N 42°16' E 272.51 meters 20 CM X 20 CM On cultivated land
159 Conc. Monument
159 159 N 83°25' E 294.48 meters 20 CM X 20 CM On cultivated land
160 Conc. Monument
160 160 N 46°43' E 134.02 meters 20 CM X 20 CM On cultivated land
161 Conc. Monument
161 161 S 19°11' E 202.00 meters 20 CM X 20 CM On cultivated land
162 Conc. Monument
162 162 S 01°34' W 44.03 meters 20 CM X 20 CM On cultivated land
163 Conc. Monument
163 163 S 80º 57' W 60.92 meters 20 CM X 20 CM On cultivated land
164 Conc. Monument
164 164 N 10°53' W 39.72 meters 20 CM X 20 CM On cultivated land
165 Conc. Monument
165 165 N 84°14' W 98.93 meters 20 CM X 20 CM On cultivated land
166 Conc. Monument
166 166 S 45°46' E 30.96 meters 20 CM X 20 CM On cultivated land
167 Conc. Monument
167 167 S 12°33' W 46.68 meters 20 CM X 20 CM On cultivated land
168 Conc. Monument
168 168 N 65°03' E 38.04 meters 20 CM X 20 CM On cultivated land
169 Conc. Monument
169 169 N 87°09' E 41.10 meters 20 CM X 20 CM On cultivated land
170 Conc. Monument
170 170 S 43º08' E 30.14 meters 20 CM X 20 CM On cultivated land
171 Conc. Monument
171 171 S 67°04' E 64.94 meters 20 CM X 20 CM On cultivated land
172 Conc. Monument
172 172 S 70°40' E 33.39 meters 20 CM X 20 CM On cultivated land
173 Conc. Monument
173 173 N 77°58' E 23.84 meters 20 CM X 20 CM On cultivated land
174 Conc. Monument
174 174 S 71°30' E 161.36 meters 20 CM X 20 CM On cultivated land
175 Conc. Monument
175 175 S 58°39' E 157.27 meters 20 CM X 20 CM On cultivated land
176 Conc. Monument
176 176 S 78°44' E 66.91 meters 20 CM X 20 CM On cultivated land
177 Conc. Monument
177 177 S 72°23' E 64.58 meters 20 CM X 20 CM On cultivated land
178 Conc. Monument
178 178 S 79°12' E 58.92 meters 20 CM X 20 CM On cultivated land
179 Conc. Monument
179 179 S 77°43' E 67.98 meters 20 CM X 20 CM On cultivated land
180 Conc. Monument
180 180 S 68°51' E 19.51 meters 20 CM X 20 CM On cultivated land
181 Conc. Monument
181 181 S 69°49' E 50.09 meters 20 CM X 20 CM On cultivated land
182 Conc. Monument
182 182 N 50°04' E 32.34 meters 20 CM X 20 CM On cultivated land
183 Conc. Monument
183 183 N 69°10' E 20.28 meters 20 CM X 20 CM On cultivated land
184 Conc. Monument
184 184 S 58°54' E 75.80 meters 20 CM X 20 CM On cultivated land
185 Conc. Monument
185 185 N 64º23' E 57.60 meters 20 CM X 20 CM On cultivated land
186 Conc. Monument
186 186 S 43°04' E 22.41 meters 20 CM X 20 CM On cultivated land
187 Conc. Monument
187 187 N 57º34' E 24.58 meters 20 CM X 20 CM On cultivated land
188 Conc. Monument
188 188 S 53º42' E 58.57 meters 20 CM X 20 CM On cultivated land
189 Conc. Monument
189 189 S 79°31' E 13.17 meters 20 CM X 20 CM On cultivated land
190 Conc. Monument
190 190 N 62°55' E 36.16 meters 20 CM X 20 CM On cultivated land
191 Conc. Monument
191 191 S 88°44' E 117.56 meters 20 CM X 20 CM On cultivated land
192 Conc. Monument
192 192 N 67º40' E 23.06 meters 20 CM X 20 CM On cultivated land
193 Conc. Monument
193 193 S 34°44' E 27.89 meters 20 CM X 20 CM On cultivated land
194 Conc. Monument
194 194 S 48°29' E 34.71 meters 20 CM X 20 CM On cultivated land
195 Conc. Monument
195 195 N 05°35' E 37.85 meters 20 CM X 20 CM On cultivated land
196 Conc. Monument
196 196 N 03º17' E 203.55 meters 20 CM X 20 CM On cultivated land
197 Conc. Monument
197 197 N 02°38' E 196.27 meters 20 CM X 20 CM On cultivated land
198 Conc. Monument
198 198 S 88°10' E 247.93 meters 20 CM X 20 CM On cultivated land
199 Conc. Monument
199 199 N 03°09' E 203.35 meters 20 CM X 20 CM On cultivated land
200 Conc. Monument
200 200 S 89°45' E 116.19 meters 20 CM X 20 CM On cultivated land
201 Conc. Monument
201 201 N 56º33' E 342.40 meters 20 CM X 20 CM On cultivated land
202 Conc. Monument
202 202 N 17°37' W 472.61 meters 20 CM X 20 CM On cultivated land
203 Conc. Monument
203 203 N 46°29' E 325.93 meters 20 CM X 20 CM On cultivated land
204 Conc. Monument
204 204 N 37º54' E 359.20 meters 20 CM X 20 CM On cultivated land
205 Conc. Monument
205 205 N 59º08' E 507.88 meters 20 CM X 20 CM On cultivated land
206 Conc. Monument
206 206 N 56º13' E 594.01 meters 20 CM X 20 CM On cultivated land
207 Conc. Monument
207 207 N 71º34' E 920.68 meters 20 CM X 20 CM Bank of Marber
208 Conc. Monument River
208 208 N 74º38' E 1,095.08 meters 20 CM X 20 CM On slope of ridge
209 Conc. Monument
209 209 N 86º40' E 480.75 meters 20 CM X 20 CM On slope of ridge
210 Conc. Monument
210 210 N 34º45' E 485.23 meters 20 CM X 20 CM On slope of ridge
211 Conc. Monument
211 211 N 12°39' E 511.75 meters 20 CM X 20 CM On slope of ridge
212 Conc. Monument
212 212 N 81°02' E 749.38 meters 20 CM X 20 CM On slope of ridge
213 Conc. Monument
213 213 S 77°43' E 695.02 meters 20 CM X 20 CM On slope of ridge
214 Conc. Monument
214 214 N 55º19' E 515.09 meters 20 CM X 20 CM On slope of ridge
215 Conc. Monument
215 215 S 53°51' E 502.87 meters 20 CM X 20 CM On slope of ridge
216 Conc. Monument
216 216 S 52°03' E 694.79 meters 20 CM X 20 CM On slope of ridge
217 Conc. Monument
217 217 S 89°45' E 507.80 meters 20 CM X 20 CM On slope of ridge
218 Conc. Monument
218 218 S 44º09' E 538.63 meters 20 CM X 20 CM On slope of ridge
219 Conc. Monument
219 219 S 75°49' E 746.71 meters 20 CM X 20 CM On slope of ridge
220 Conc. Monument
220 220 N 61º12' E 514.57 meters 20 CM X 20 CM On slope of ridge
221 Conc. Monument
221 221 N 68°17' E 511.94 meters 20 CM X 20 CM On slope of ridge
222 Conc. Monument
222 222 N 14º33' E 475.54 meters 20 CM X 20 CM Slope of ridge north
223 Conc. Monument of Kabacan River
223 223 N 34°18' E 548.94 meters 20 CM X 20 CM On slope of ridge
224 Conc. Monument
224 224 N 64°52' E 484.01 meters 20 CM X 20 CM On slope of ridge
225 Conc. Monument
225 225 S 23°16' W 1,803.49 meters 20 CM X 20 CM Identical to cor.
226 Conc. Monument 129, MANP
226 226 S 83°22' W 1,398.22 meters 20 CM X 20 CM Identical to cor.
227 Conc. Monument 128, MANP
227 227 N 67°46' W 2,259.01 meters 20 CM X 20 CM Identical to cor.
228 Conc. Monument 127, MANP
228 228 S 71°09' W 3,615.81 meters 20 CM X 20 CM Identical to cor.
229 Conc. Monument 126, MANP
229 229 S 51º09' E 1,734.11 meters 20 CM X 20 CM Identical to cor.
230 Conc. Monument 125, MANP
230 230 S 09°47' W 588.56 meters 20 CM X 20 CM Identical to cor.
231 Conc. Monument 224, MANP
231 231 S 61º23' E 751.84 meters A point Identical to cor.
232 01 Geothermal Res.
232 232 N 14º02' W 371.07 meters A point Identical to cor.
233 04 Geothermal Res.
233 233 S 46°58' E 615.63 meters STAKE Identical to cor.
234 119, MANP
234 234 S 29°51' W 92.42 meters STAKE Identical to cor.
235 118, MANP
235 235 S 52º12' W 620.00 meters STAKE Identical to cor.
236 117, MANP
236 236 S 37º48' W 820.00 meters STAKE Identical to cor.
237 116, MANP
237 237 S 89°00' W 1,633.62 meters STAKE Identical to cor.
238 115, MANP
238 238 S 59º42' W 558.32 meters STAKE Identical to cor.
239 114, MANP
239 239 S 05°58' W 788.39 meters STAKE Identical to cor.
240 113, MANP
240 240 S 41°59' W 598.15 meters STAKE Identical to cor.
241 112, MANP
241 241 S 78°35' W 281.30 meters STAKE Identical to cor.
242 111, MANP
242 242 S 64º57' W 510.64 meters STAKE Identical to cor.
243 110, MANP
243 243 S 38°07' W 293.20 meters STAKE Identical to cor.
244 109, MANP
244 244 S 69°21' W 487.24 meters STAKE Identical to cor.
245 108, MANP
245 245 N 86º13' W 971.65 meters STAKE Identical to cor.
246 107, MANP
246 246 S 01°27' E 417.96 meters STAKE Identical to cor.
247 106, MANP
247 247 S 37°47' E 506.92 meters STAKE Identical to cor.
248 105, MANP
248 248 S 16°02' W 1,893.96 meters STAKE Identical to cor.
249 104, MANP
249 249 S 06°24' W 1,348.10 meters STAKE Identical to cor.
250 103, MANP
250 250 S 12°56' E 2,053.92 meters STAKE Identical to cor.
251 102, MANP
251 251 S 05°06' E 2,161.48 meters STAKE Identical to cor.
252 101, MANP
252 252 S 50°00' E 1,791.19 meters STAKE Identical to cor.
253 100, MANP
253 253 S 82°47' E 672.03 meters STAKE Identical to cor.
254 99, MANP
254 254 S 76°48' E 320.53 meters STAKE Identical to cor.
255 98, MANP
255 255 S 46°52' E 542.18 meters STAKE Identical to cor.
256 97, MANP
256 256 S 01°19' E 1,032.99 meters STAKE Identical to cor.
257 96, MANP
257 257 S 20°46' E 3,193.79 meters STAKE Identical to cor.
258 95, MANP
258 258 S 46°16' W 2,359.62 meters STAKE Identical to cor.
259 94, MANP
259 259 S 53°47' E 3,390.96 meters STAKE Identical to cor:
260 93, MANP
260 260 S 00°09' E 487.82 meters STAKE Identical to cor.
261 92, MANP
261 261 S 57°56' E 564.60 meters STAKE Identical to cor.
262 91, MANP
262 262 S 27º59' E 1,076.23 meters STAKE Identical to cor.
263 90, MANP
263 263 N 88°37' E 352.11 meters STAKE Identical to cor.
264 89, MANP
264 264 S 78°21' E 767.59 meters STAKE Identical to cor.
265 88, MANP
265 265 N 82º42' E 1,921.99 meters STAKE Identical to cor.
266 87, MANP
266 266 S 84°54' E 1,918.83 meters STAKE Identical to cor.
267 86, MANP
267 267 N 26º19' E 867.72 meters STAKE Identical to cor.
268 85, MANP
268 268 N 52°09' E 502.97 meters STAKE Identical to cor.
269 84, MANP
269 269 S 89°34' E 798.06 meters STAKE Identical to cor.
270 83, MANP
270 270 N 61°39' E 428.68 meters STAKE Identical to cor.
271 82, MANP
271 271 S 86º49' E 903.14 meters STAKE Identical to cor.
272 81, MANP
272 272 S 43°58' E 528.01 meters STAKE Identical to cor.
273 80, MANP
273 273 S 42º21' E 890.68 meters STAKE Identical to cor.
274 79, MANP
274 274 S 63º53' E 1,223.94 meters STAKE Identical to cor.
275 78, MANP
275 275 S 24°39' E 672.95 meters STAKE Identical to cor.
276 77, MANP
276 276 S 36°01' E 1,216.78 meters STAKE Identical to cor.
277 76, MANP
277 277 S 49°54' E 1,109.34 meters STAKE Identical to cor.
1 75, MANP
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
SEC. 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:
Period of applicability of the plan, preferably at least fifteen (15) years;
Key management issues;
Goals and objectives of management in support of Section 2 hereof;
Site management strategy;
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;
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
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.
SEC. 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:
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;
The RED of DENR Region XII or his/her duly designated permanent representative;
The provincial governors of North Cotabato and Davao del Sur or their authorized permanent representatives;
The Planning and Development Officers of Davao City and the provinces of Cotabato and Davao del Sur or their respective authorized permanent representative;
The municipal/city mayors of Magpet, Makilala, Kidapawan, Bansalan, Sta. Cruz, Digos and Davao City or their respective authorized permanent representative;
All barangay captains within the Mt. Apo Natural Park;
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);
A maximum of eight (8) representatives from people's organizations (POs) and non-government organizations (NGOs);
Representatives from national government agencies operating within the protected area which can potentially contribute to protected area management; and
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:
active involvement in the ecological conservation, preservation, rehabilitation and protection of the protected area;
great potential in community organizing and other development works;
favorable track record in community work; and
duly accredited by the LGU concerned and the DENR.
SEC. 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.
SEC. 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:
Decide and approve matters relating to proposals, work and action plans, guidelines and policies and other activities for the management of the protected area;
Review, approve and adopt the management plans and development programs and their respective implementing rules and regulations;
Recommend and approve the establishment and delineation of zones;
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;
Ensure the effective implementation of development activities within the protected area;
Adopt rules and procedures in the conduct of business, roles and responsibilities, and discipline of its board members, including the creation of standing committees;
Evaluate the performance and activities of the Office of the Protected Area Superintendent;
Accept donations, approve proposals for funding and budget allocation and exercise accountability over all funds that may accrue;
Evaluate and recommend compliance to all existing requirements set by the DENR particularly in the issuance of the Environmental Compliance Certificate;
Recognize the rights and privileges of indigenous communities under the provisions of this Act and other applicable laws;
Request assistance from any government agency, office, board, private or public person to achieve the objectives of this Act;
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
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.
SEC. 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.
SEC. 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:
Administrative
Serve as chief administrative officer of the protected area for the purpose of implementing the Management Plan as detailed in the annual work program;
Establish a productive partnership with the local community, including groups, in the planning, protection and management of the protected area;
Ensure the performance and good morale of his staff;
Ensure the proper utilization of annual budget allocations and the proper disposition of fees and other funds generated within the protected area;
Develop and implement a park information, education and visitor program;
Develop and implement a natural history documentation program and to oversee research that may be conducted within the area;
Integrate the roles of NGO and DENR staff in the operation of the area; and
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.
Regulative
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;
Enforce rules and regulations established to protect the area and preserve the area from trespass, damage, injury and illegal occupancy;
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;
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;
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;
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
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
SEC. 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.
SEC. 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.
SEC. 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
SEC. 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.
SEC. 16. Prohibited Acts and Penalties . —
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:
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;
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;
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;
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
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.
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:
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;
Sells, buys, or offers to sell or buy any real property or rights within particularly identified regulated areas or zones in the protected area;
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;
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;
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;
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;
Alters, removes, destroys or defaces any boundary markers, monuments, or interpretative signs relating to the protected area;
Causes damage to road, trails and pathways;
Engages in any degree or form location/exploration, quarrying or extraction of mineral; and
Obstructs or hinders the enforcement of this Act, its related laws, rules and regulations.
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:
Violates any rules and regulations promulgated by the PAMB or its duly authorized delegate or any agreement or commitment reached before the PAMB;
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;
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;
Leaves debris, refuse, or garbage in exposed or unsanitary condition anywhere within the protected area; and
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.
SEC. 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.
SEC. 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
SEC. 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
SEC. 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:
Environmental Impact Assessment and/or Environmental Management Plan;
Environmental Compliance Certificate, if any; and
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.
SEC. 21. Utilization of Non-renewable Resources . — Any exploration, exploitation or utilization of non-renewable resources within the protected area shall not be allowed.
SEC. 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.
SEC. 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.
SEC. 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:
Apprise their respective constituents, office, and sector on activities and programs for the protected area;
Ensure consistency in the implementation of all activities in the protected area;
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;
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;
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;
Accredit people's organizations, non-government organizations and other entities and groups involved in activities within the protected area; and
Provide the PAMB with relevant information and data for the effective management of the protected area.
SEC. 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
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 29. Repealing Clause . — All other existing laws, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 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.
SEC. 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,
(Sgd.) FRANKLIN M. DRILON (Sgd.) JOSE DE VENECIA JR.
President of the Senate Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 5772 and Senate Bill No. 2501 was finally passed by the House of Representatives and the Senate on October 6, 2003 and September 10, 2003, respectively.
(Sgd.) OSCAR G. YABES (Sgd.) ROBERTO P. NAZARENO
Secretary of the Senate Secretary General House of Representatives
APPROVED: FEB 03 2004
(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines
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