DENR Administrative Order No. 2008-26 - Oneocean.org

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12.8.5 Conviction by final judgment of any criminal act.12.9 The PAMB shall formulate specific policy on disciplinarymeasures for habitual absentee ex-officio members.12.10 The PAMB shall promulgate internal rules governing theresolution of any dispute or claim filed before them. All decisionsof the PAMB may be appealed to the DENR Secretary. Provided,that the Secretary can reverse or modify a decision of the PAMBonly on the grounds that the same violates existing laws, rules andregulations or is contrary to the Management Plan.Rule 13. Environmental Impact Assessment. - Considering that protected areasare Environmentally Critical Areas (ECA), the proponent of development projectsand activities with potential environmental damage as determined byEnvironmental Management Bureau, whether or not included in the ManagementPlan, shall secure an Environmental Compliance Certificate (ECC) in accordancewith the Philippine Environment Impact Statement (EIS) System. Provided, thatfor development project and activity within the Management Plan, an InitialEnvironmental Examination (IEE) can be undertaken instead of a full-blownEnvironmental Impact Assessment (EIA).13.1 The proponent of development project and activity shall secureprior clearance from the PAMB before undertaking orimplementing the activity and before the issuance of an ECC.13.2 Violations of environmental laws, rules and regulations, includingthose under the EIA System, shall be penalized accordingly.Rule 14. Ancestral Lands and the Rights of ICCsAPs. - The DENR incollaboration with the PAMB shall assist the NCIP in the identification,delineation and recognition of the claims of ICCsIIPs to their ancestraldomainlland within protected areas following the provisions of RA 8371 or theIPRA.14.1 In the establishment of protected areas, the DENR shall ensure thefull participation of the concerned ICCs/IPs in accordance withNIPAS Act and the IPRA.The ancestral domain within a protected area shall be managed inaccordance with a plan harmonized with the Protected AreaManagement Plan. Unless the ICC/IP submits a written notice ofits intent to manage the protected area, the DENR and PAMB shallmanage the protected area. In any case, the ICCIIP shall enjoy fulland effective assistance of the concerned PAMB.
The customary rights and traditional practices of ICCsIIPs shall berecognized and respected.14.2 Interested ICCsAPs may participate in the community-basedprogram in protected areas following the procedure in Annex E.Rule 15. Tenured Migrants. - A survey and registration of occupants of theinitial components and proposed additional areas for inclusion to the NIPAS shallbe undertaken for management planning and issuance of tenurial instruments toqualified occupants. The survey shall include a detailed demographic study,assessment of socio-economic conditions and validation of proofs of occupancy.The Secretary, by subsequent regulations, shall establish the procedures for theconduct of the survey and registration of occupants of protected areas.15.1 The household head shall be considered a tenured migrant ifproven to have actually and continuously occupied a portion of theprotected area for five (5) years before its designation as protectedarea and solely dependent therein for subsistence. Solelydependent for subsistence is when everything indispensable forsurvival for the household, including food, clothing, shelter andhealth, comes only from the utilization of resources from theprotected area.15.2 A Certificate of Recognition shall be issued to those who qualifyas tenured migrants based on the Rules provided hereof. Thereckoning period of five (5) years to qualify as tenured migrantshall be:15.2.1 For initial components of the NIPAS, August 5, 1987 orfive (5) years prior to the effectivity date of the NIPASAct.In case the initial component is expanded, thereckoning date for recognition of tenured migrants shallbe five (5) years prior to the recent proclamation.15.2.2 For additional areas of the NIPAS, five (5) years priorto the Presidential Proclamation or Congressionalenactment establishing the protected area, whichever isearlier.In case of expanded additional areas, the reckoning datefor recognition of tenured migrants shall be five (5)years prior to the original proclamation.
Page 1 and 2: Republic of the Philipp~nes-Departm
Page 3: 2.2.3 The sustainability of the NIP
Page 6 and 7: .9 Mini-hydroelectric power plant -
Page 8 and 9: and local communities living in or
Page 10 and 11: 6.5 The unique biodiversity of the
Page 12 and 13: 6.6.6 Public Hearing - Public heari
Page 14 and 15: 6.6.8 National Review and Recommend
Page 16 and 17: 8.1 Initial components which will n
Page 18 and 19: Each component area of the System s
Page 20 and 21: 10.5 Stakeholders such as tenured m
Page 22 and 23: To deputize field officers and dele
Page 24 and 25: other DENR officers to attend the m
Page 26 and 27: Rule 12. Protected Area Management
Page 28 and 29: ICCs/IPs within the protected area
Page 32 and 33: 15.3 Physical structures indicating
Page 34 and 35: creation of a management body, prep
Page 36 and 37: the RED who shall endorse the same
Page 38 and 39: Rule 21. Prohibited Acts. - Except
Page 40 and 41: Annex A. Protected Area CategoriesC
Page 42 and 43: Annex C - Procedure for Protected A
Page 45: PROTECTED AREA COMMUNITY-BASED RESO
Page 48: Annex H - PA Sub-Fund UtilizationDi

DENR Administrative Order No. 2008-26 - Oneocean.org

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