AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE CITY OF MASBATE AND THE MUNICIPALITY OF MOBO, IN THE PROVINCE OF MASBATE, A PROTECTED AREA WITH THE CATEGORY OF NATURAL BIOTIC AREA UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE TUGBO NATIONAL BIOTIC AREA, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11806, June 02, 2022 ]

AN ACT DECLARING A PARCEL OF LAND LOCATED IN THE CITY OF MASBATE AND THE MUNICIPALITY OF MOBO, IN THE PROVINCE OF MASBATE, A PROTECTED AREA WITH THE CATEGORY OF NATURAL BIOTIC AREA UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS), TO BE REFERRED TO AS THE TUGBO NATIONAL BIOTIC AREA, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Tugbo Natural Biotic Area Act".

Section 2. Declaration of Policy. - Cognizant of the profound impact of human activities on all components of the natural environment, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations, the perpetual existence of all native plants and animals through the declaration of protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park as provided for in the Constitution.

In recognition of the richness of the biological resources, both flora and fauna, that are native and distinct to the Tugbo Watershed Forest Reserve, as well as their aesthetic and ecological importance, a parcel of land located in the City of Masbate and the Municipality of Mobo, Province of Masbate, is hereby declared a protected area with the category of natural biotic area, and shall hereinafter be referred to as the Tugbo Natural Biotic Area (TNBA). As such, the State shall ensure the conservation, protection, management and rehabilitation of the area. It is ;likewise recognized that effective administration of this area is possible only through cooperation among national government, local government units (LGUs), concerned nongovernmental organizations (NGOs), private entities and local communities. The use and enjoyment of this area must be consistent with the principles of biological diversity and sustainable development.

Towards this end, the State shall ensure full implementation of this Act, the mobilization of resources for the institutional mechanisms herein established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the ecosystems, culture and indigenous practices.

Section 3. Definition of Terms. - As used in this Act:

Section 4. Classification as a National Park. - The TNBA is comprised of a parcel of land of the public domain located in the City of Masbate and Municipality of Mobo, Province of Masbate. All lands of the public domain within the coverage and scope of the TNBA shall fall under the classification of national park as provided for in Article XII, Section 3 of the Constitution.

Section 5. Scope and Coverage. - the boundaries of the TNBA are more particularly described as the area beginning at a point marked "1" on plan, which is N 51' 03' 09" E., 2,824.619 meters from PRS92 "MST-3103" with geographic coordinates of 12 17 37.39667 Latitude and 123 35' 33.97029" Longitude located at Barangay Sinalongan, City of Masbate, Province of Masbate,

and comprises two hundred twenty-four (224) hectares, more or less.

Section 6. Establishment of Buffer Zones. - The Department of Environment and Natural Resources (DENR) Secretary, upon the recommendation of the Protected Area Management Board (PAMB) created under Section 7 of this Act, may designate areas surrounding the TNBA as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied: Provided, That, in cases where the designated buffer zone would cover private lands, the owners thereof shall be required to design their development with due consideration to the protected area management plan.

ARTICLE II
MANAGEMENT MECHANISMS

Section 7. Protected Area Management Board (PAMB). - Within ninety (90) days from the effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee the management of the TNBA. The PAMB shall be composed of the following:

The terms of office of members of the PAMB, as well as the grounds for their removal, shall in accordance with the provisions of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas Systems Act of 1992", as amended by Republic Act No. 11038, otherwise known as the "Expanded National Integrated Protected Areas System Act of 2018".

Section 8. Functions of the PAMB. - The PAMB shall h ave the following powers and functions:

Section 9. The Protected Area Management Office (PAMO). - There is hereby established a Protected Area Management Office (PAMO) to be headed by a PASu who shall supervises the day to day management, protection ,and administration of the TNBA. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient number of support staff with permanent plantilla positions shall likewise be appointed by the DENR Secretary to assist the PASu in the management of the protected area.

The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the TNBA. Pursuant thereto, the PASu shall have the following duties and responsibilities:

The PAMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the PAMB and approval of the DENR.

ARTICLE III
PROCEEDS AND FEES

Section 10. The Tugbo Natural Biotic Area Integrated Protected Area Fund. - There is hereby established a trust fund to be known as the Tugbo Natural Biotic Area Integrated Protected Area Fund (TNBA-IPAF) for purposes of financing projects of the TNBA and the NIPAS. All income generated from the operation of the system or the management of wild flora and fauna in the TNBA shall accrue to the TNBA-IPAF. The income shall be derived from feed from permitted sale and export of flora and fauna and other resources from the TNBA proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the TNBA, and such other fees and income derived from the operation of the TNBA.

The PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited to the Protected Area Retained Income Account (PA-RIA) in any authorized government depository bank within the locality: Provided, That disbursements out of such deposits shall be used solely for the protection, maintenance, administration, and management of the protected area and implementation of duly approved projects of the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as a special account in the general fund in the National Treasury for purposes of financing the projects of the NIPAS.

The fund may be augmented by grants, donations, endowment from various sources, domestic or foreign: Provided, That the fund shall be deposited in full as a special account in the National treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration, and management of the NIPAS and duly approved projects endorsed by the PAMB in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the fund shall not be used to cover personal services expenditures.

The LGUs shall continue to impose and collect all taxes and other fees not enumerated herein which they have traditionally collected, such as business permits, property tax and rentals of LGUs' facilities.

ARTICLE IV
TRANSITORY AND MISCELLANEOUS PROVISIONS

Section 11. Appropriations. - The Secretary of the DENR 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 12. Suppletory Application of the NIPAS Law. - The provisions of Republic Act No. 7586, as amended by Republic Act No. 11038, shall have suppletory application to this Act.

Section 13. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act, the Secretary of the DENR shall, in consultation with the local governments of the City of Masbate and Municipality of Mobo, the provincial government of Masbate, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.

Section 14. Separability Clause. - If any section or provision of this Act is held unconstitutional or invalid, the remaining sections or provisions not affected thereby shall continue to be in full force and effect.

Section 15. Repealing Clause. - All laws, decrees, letters of instruction, executive orders, rules and regulations and other issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Section 16. Effectivity. - Section 6.This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which originated in the House of Representatives was passed by the House of Representatives on August 3, 2021, amend by the Senate of the Philippines on January 31, 2022, and which amendments were concurred in by the House of Representatives on February 2, 2022.

Approved: Lapsed into law on JUN 02, 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE
President of the Philippines