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Republic Act

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

Number
Republic Act No. 9237
Date of approval
Sections
32
Preamble

INTRODUCTORY PROVISIONS

PROTECTED AREA MANAGEMENT

ANCESTRAL DOMAIN AND TENURED MIGRANTS

PROHIBITED ACTS AND PENALTIES

MOUNT APO PROTECTED AREA FUNDS

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

APPROPRIATION AND MISCELLANEOUS PROVISIONS

Section 1Title.

SECTION 1. Title. — This Act shall be known as the Mount Apo Protected Area Act of 2003.

Section 2Declaration of Policy.

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.

Section 3Definition of Terms.

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.

Section 4Scope.

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.

Section 5Establishment of Buffer Zones.

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

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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

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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

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276

77, MANP

276

276

S 36°01' E

1,216.78 meters

STAKE

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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.

Section 6Management Plan.

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.

Section 7The Protected Area Management Board.

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.

Section 8Term of Office of the PAMB Members.

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.

Section 9Powers and Functions of the PAMB.

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.

Section 10The Executive Committee of the PAMB.

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.

Section 11The Protected Area Superintendent Office.

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.

Section 12Ancestral Lands and Domain.

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.

Section 13Tenured Migrants.

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.

Section 14Existing Rights.

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.

Section 15Special Prosecutor.

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.

Section 16Prohibited Acts and Penalties.

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.

Section 17Administrative Confiscation and Fine.

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.

Section 18Special Counsel.

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.

Section 19Mount Apo Protected Area Fund.

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.

Section 20Existing Facilities within the Protected Area.

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.

Section 21Utilization of Non-renewable Resources.

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

Section 22Environmental Impact Assessment System.

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.

Section 23Partnership among Government, Non-government Organizations and People's Organizations.

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.

Section 24Roles of Local Government Units and National Agencies in the Protected Area.

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.

Section 25Public Service Utilities, Projects.

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.

Section 26Appropriation.

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.

Section 27Construction.

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.

Section 28Implementing Rules and Regulations.

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.

Section 29Repealing Clause.

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

Section 30Separability Clause.

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.

Section 31Effectivity Clause.

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

32 sections

Cite this law

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 (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/ra-9237

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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