Management 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.
The 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.
Term 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.
Powers 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.
The 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.
The 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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
