Demolish illegal structures in NNNP
BY: ERROL A. GATUMBATO
The Protected Area Management Board, the site-based policy and administrative body of the Northern Negros Natural Park, should heed the recommendation of its Technical Working Group to order the demolition of illegal structures in the protected area, especially those that were constructed by private individuals, who have no right to stay in this biodiversity-important site.
The recommendation of the TWG came after it was tasked by the PAMB to assess and evaluate the different structures in the NNNP and to come out with possible courses of action.
It can be recalled that the Provincial Environment and Natural Resources Office has issued at least 89 cease-and-desist orders to private individuals, who have been found to have constructed vacation houses in the NNNP without prior permit from the PAMB. Since NNNP is a component of the National Integrated Protected Areas System of the Philippines, as provided for in Republic Act 7586, it is a requirement that the construction or maintenance of any kind of structure, fence or enclosures, and conducting business enterprise, require the issuance of appropriate permit from the PAMB.
The PAMB is not in the position to make any decision that are contrary to the NIPAS. The regional executive director of the Department of Environment and Natural Resources in Region VI, who acts as the chair of the management board, should make sure that the PAMB acts within its power and authority, and in conformity with appropriate laws, rules and regulations. The DENR Secretary has the power to overturn decisions rendered by the PAMB that are not appropriate in the management of protected areas, like the NNNP.
While it is true that NNNP is a protected area, it is not absolute that occupancy is not allowed. However, it is only allowed in the designated multiple use zone and restricted only to the so-called tenured migrants. Based on the revised implementing rules and regulations of the NIPAS Act, the household head shall be considered a tenured migrant if proven to have actually and continuously occupied a portion of the protected area five years before its designation under the NIPAS, and solely dependent therein for subsistence.
Tenured migrants should be organized to avail a land tenure privilege, known as the Protected Area Community Based Resource Agreement, which shall be awarded by the DENR upon the endorsement of the PAMB. The purpose of this arrangement is to control occupancy and create strong social fence. It is the responsibility of the beneficiaries of land tenure to ensure that no additional migrants will stay in the awarded sites.
Based on the initial evaluation by the DENR, the recipients of the CDOs are not actually tenured migrants, since all of them are residents of areas outside the NNNP and they are not subsistence persons.
Aside from violating the NIPAS once the PAMB allows the owners of these vacation houses to occupy portions of the NNNP, it shall become a precedent and others may also follow. If that is the scenario, the PAMB will be out of control and becomes an ineffective management body of the NNNP.
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