I. NIPAS ACT COMPONENT

The NIPAS Act and its Implementing Rules and Regulations (IRR) specifically the DENR Administrative Order (DAO) Number 92-25 govern the protected area and its buffer zone.  As a matter of policy declaration, the use of SINP must be consistent with the principle of biological diversity conservation and sustainable development.  It shall be protected against destructive human exploitations.  The primary objective of a natural park as in the case of SINP is the “protection of outstanding natural and scenic areas of national or international significance for scientific, educational and recreational uses”.

The NIPAS Act recognizes the effective administration of protected areas is possible only through cooperation among national government, local government and concerned private organizations.  It requires the formation of a multi-sectoral Protected Area Management Board (PAMB) in every PA of the Philippines with authority to “decide the allocation of budget; approve proposals for funding; and to decide matters relating to planning, peripheral protection and general administration of the area in accordance with the general management strategy”.

In recognition of the authority of LGUs under the LGC, PP No. 442 authorizes the formation of the Provincial PAMB in every province covering SINP with the governor as the co-chair of the DENR representative.  The PAMB for the entire SINP identifies the function to be delegated to the Provincial PAMB.

The declaration of SINP included a provision that “all contracts, permits or licenses for the extraction or utilization of natural resources already existing prior to the proclamation shall, subject to national interest, be respected”. It further provides that the renewal of these permits shall be “subject to the clearance of the PAMB, upon determination that the same is in accordance with the SINP management plan”.  The proclamation of the PA and its buffer zone is also subject to existing private rights, including lands already classified as alienable and disposable. It further grants that all existing sustainable utilization of natural resources within SINP not contrary to law or incompatible with the management plan shall be respected.

II. THE PROPOSED SINP LAW

The final establishment of the PA is vested upon to the Congress as provided for in the NIPAS Act.  The Congress shall enact a site-specific law as the main policy framework for the management of the PA and its buffer zone.  This legislative process is an opportunity to propose certain measures that will further enhance the management of the proposed PA.  Provisions of the NIPAS Act, which may not be appropriate and responsive to local conditions and needs, can be amended through the site-specific act the Congress shall pass for the PA.

The proposed SINP law is now undergoing legislative processes in both the Lower House and the Senate of the Philippines.  The passage of the law has dragged for more than two years already because of the issue on mining.  The mining industry is pushing for the exclusion of the BMR and other identified mineral rich areas from the boundary of SINP, which is not acceptable to local stakeholders.  Because of certain legal infirmities on mining exploitation at SINP, the only way to allow it is to exclude potential mining sites from the PA boundary and it is only feasible through an act of the Congress.

Generally, the proposed act for SINP covers the same area as declared in PP No. 442.  It also proposed to trim down the composition of the island-wide PAMB from 301 members based on the NIPAS Act to only 21 members.  The proposal also includes the institutionalization of the provincial PAMB in every province covering the PA and its buffer zone with the governor as the co-chair of the DENR authorized representative.

The proposed act further empowers the PAMB as the sole policy-making body of the PA and its buffer zone and has recommended the establishment of the regular Protected Area Office (PAO) within the DENR.  Other provisions of the proposed law are also consistent with the NIPAS Act.

III. OTHER APPLICABLE POLICIES AND GUIDELINES

Although the NIPAS Act is the main policy framework of SINP pending the approval of a law by the Congress that would finally govern the management of the area, it is not specifically restricted by it.  There are other consistent laws, rules and regulations that have to be considered in the management of SINP.  Foremost of which is the Environmental Impact Assessment System (EIAS) of the country, which the NIPAS Act requires for proposed programs and projects in the PA that are outside the scope of the General Management Plan (GMP). These projects under the EIAS shall not be allowed to proceed without the required Environmental Compliance Certificate (ECC).

In the management of SINP, the Wildlife Conservation Act of the Philippines shall be considered especially on issues related to biological prospecting and wildlife researches and investigation.  The Cave Management Act of the country shall be taken into account in the management of different caves located in SINP and various resources found therein.  The Clean Air Act and Clean Water Act are additional national policies that have to be considered in the over-all management of the PA and its buffer zone.

In discharging its authority and function, the PAMB shall also take note of the authority of LGUs as provided for in the LGC.  It is therefore necessary to harmonize the local development agenda and priorities of LGUs to the management plan of SINP.