NATIONAL COMMISSION ON INDIGENOUS PEOPLES Regional Ofce No, 10 5° 4 Fr, Halasan Big, Tian De! lar St Cagayan de Oro cy ROUTE SUP ISSUED: CHECKLIST OF REQUIREMENTS FOR ISSUANCE OF WORK ORDER (1 enporseMENT FROM REGULATING AGENCY (C1 terter oF inreNT PROJECT PROFLE PROJECT LOCATION, C. biscrierion oF THE PROJECT 0 inoicarive BUDGET 1 operarionat PLAN (any) 1 bevetopment PLAN (any) REMARKS: ClincompLers ATTACHMENTS, RETURNS TO PROPONENT/APPLICANT ere: (1 COMPLETE ATTACHEMENTS ote: 7 WCEIVED BY RECORDS OFFICER Hanne Faenes ate:_(|- 24— 11 tssuep work ORDER ate Heap viene - prawn P wovelo Te Series OF 2021. Puaind rot ab AND NATURALL SOURCES AN AT LIKAS YAMAN es to apply a Special Use Agreement within MB over the proposed two sites within Sitio The said area is within the delineated Multiple fed Area under Republic Act 11038 e utilized by virtue of SAPA (Sec. 25 of RA estie and agricultural use. One of the proposed e Protected Area Management Board (PAMB) “== y adopted through PAMB Resolution No. 191 Attached hereto are the supporting documents are as follows; Letter of Intent Project Profile Project Location, Description of the Project ROVERS of the Project. PAMB Resolution No. 191 series of 2021 Operation Plan and Development Plan Sketch Plan with Technical Description and Grid coordinates on Geographic Position In this regard, the proponent is seeking to obtain the SAPA of which one of the requirements is the Free Prior and Inform Consent (FPIC) from your office. In this connection, we are forwarding herewith the documents for favorable issuance of Work Order. Thank you very much God bless and more power. ‘Truly yours, awe v MAS L. CARDENTE II, PhDJanuary 18, 2024 ENGR. CHONA B. LABAON Regional Director NCOP — Region X Cagayan de Oro City Dear Director Labaon, Greeting! This pertains to the intent of Mr. Manolito G. Garces to apply a Special Use Agreement within Protected Area (SAPA) to the DENR through PAMB over the proposed two sites within Sitio Tagolilong, Concepcion, Pangantucan, Bukidnon. The said area is within the delineated Multiple Use Zone (MUZ) of the aforesaid declared Protected Area under Republic Act 11038 Series of 2018. The said sites are requested by the proponent to be utilized by virtue of SAPA (Sec. 25 of RA 7586, DAO 2007 — 17 and DAO 2018-05 for domestic and agricultural use. One of the proposed uses is utilizing two (2) water sources by which the Protected Area Management Board (PAMB) of Mt. Kalatungan Range Natural Park favorably adopted through PAMB Resolution No. 191 series of 2021. Attached hereto are the supporting documents are as follows; Letter of Intent Project Profile Project Location, Description of the Project PAMB Resolution No. 191 series of 2021 Operation Plan and Development Plan Sketch Plan with Technical Description and Grid coordinates on Geographic Position of the Project. No peeNS In this regard, the proponent is seeking to obtain the SAPA of which one of the requirements is the Free Prior and Inform Consent (FPIC) from your office. In this connection, we are forwarding herewith the documents for favorable issuance of Work Order. ‘Thank you very much God bless and more power. Truly yours, arse v TH4PMAS L. CARDENTE Il, PhD. & DeraRrryk 6 OF ENVIRONMENT AND NATURALS SOURCES KAGAWARAN NG KAPALIGIRAN AT LIKAS YAMAN + Ofce ofthe Municipal Mayor LGU Pengarucan ‘ets drenny Guna PTTA We.KAGAWARAN NG KAPALIGIRAN AT LIKAS YAMAN KA dD ; EPARTMB__ OF ENVIRONMENT AND NATURAL K_OURCES — = = January 18, 2024 (Qe RELEASED ENGR. CHONA B. LABAON E> penro Regional Director SS scnavry NCOP — Region X Nae Cagayan de Oro City Dear Director Labaon, Greeting! This pertains to the intent of Mr. Manolito G. Garces to apply a Special Use Agreement within Protected Area (SAPA) to the DENR through PAMB over the proposed two sites within Sitio Tagolilong, Concepcion, Pangantucan, Bukidnon. The said area is within the delineated Multiple Use Zone (MUZ) of the aforesaid declared Protected Area under Republic Act 11038 Series of 2018. The said sites are requested by the proponent to be utilized by virtue of SAPA (Sec. 25 of RA 7586, DAO 2007 — 17 and DAO 2018-05 for domestic and agricultural use. One of the proposed uses is 1g two (2) water sources by which the Protected Area Management Board (PAMB) of Mt. Kalatungan Range Natural Park favorably adopted through PAMB Resolution No. 191 series of 2021. Attached hereto are the supporting documents are as follows; Letter of Intent Project Profile Project Location, Description of the Project PAMB Resolution No. 191 series of 2021 Operation Plan and Development Plan Sketch Plan with Technical Description and Grid coordinates on Geographic Position of the Project. Noy eee In this regard, the proponent is seeking to obtain the SAPA of which one of the requirements is the Free Prior and Inform Consent (FPIC) from your office. In this connection, we are forwarding herewith the documents for favorable issuance of Work Order. Thank you very much God bless and more power. Truly yours, Vv THOMAS L. CARDENTE I, PhD andl penn ar)- DEPART. OF ENVIRONMENT AND NATURAL k__OURCES Sea KAGAWARAN NG KAPALIGIRAN AT LIKAS YAMAN — + Ofco ofthe Municipal Mayor LGU Pangartucan ats sonny Guna PITA he. 2 pao ete——$_ NATIONAL COMMISSION ON INDIGENOUS PEOPLES 5. Bukidnon Provincial Office Sawmill Site, Malaybalay City Bukidnon CHECKLIST OF REQUIREMENTS FOR ISSUANCE OF WORK ORDER JX ENDORSEMENT FROM REGULATING AGENCY (ae or 2AAETTER OF INTENT sefoger PROFILE JOJECT LOCATION b/DESCRIPTION OF THE PROJECT x panes BUDGET — Phe || REFERENCES:251000 Tolhag Pangoniucan 28000 20000 96000 700080 LEGEND: oD mrcpat enaro0e@ eae MAP suowiNG THE PROPOSED ‘TER RISDURCEUSE PERE LEGEND: Coucon porter a) Prec es PAS)Photo showing the water source at Brey. Concepcion, Pangantucan, Bukidnon applied for Special Agreement in Protected Area of Hon. Vice Mayor Manolito H. Garces located at Brgy. Concepcion, Pangantucan, Bukidnon within the delineated Multiple Use Zone of Mt. Kalatungan Range Natural Park.PHOTO DOCUMENTATION: Photo taken during the site inspection of the 4.1 Hectares area applied for Special Agreement Protected Area of Hon. Vice Mayor Manolito H. Garces located at Brgy. Concepcion, Pangantuean, Bukidnon within the delineated Multiple Use Zone of Mt. Kalatungan Range Natural ParkSPECIAL USE AGREEMENT IN PROTECTED AREAS (SAPA) LEGAL BASIS + Sec. 25 of RA 7586, as amended ‘+ DAO 2007-17: " Rules and Regulations governing Special Uses within Protected Areas” ‘+ Memorandum Order of the Secretary dated Jan. 31, 2011 suspending the processing of SAPA due to nonstandard rates of fees © DENR Administrative Order No. 2018-05: Addendum to DENR Administrative Order No. 2007-17 on the rules and regulations governing special uses within Protected Areas * Memorandum from the Secretary dated 15 March 2018 lifting of suspension of the implementation of DAO 2007-17 * Memorandum from the Secretary dated 18 July 2018 on the implementation of the DAO 2007-17 and DAO 2018-05 SAPA OBJECTIVES * To provide access and economic opportunities to indigenous peoples, tenured migrant communities and other stakeholders of protected areas thereby contribute in the reduction of poverty incidence; — To optimize special uses of protected areas consistent with the principles of sustainable development and biodiversity conservation in cooperation w/ the stakeholders; * To guide the development of the appropriate zones of protected areas in accordance with their management objectives; and — To am revenues for the sustainability of protecied areas management 6 Income from SAPA will accrue to IPAF as one mojor source of PA income. SCOPE AND COVERAGE * SAPA may be issued within PAs except in Strict Nature Reserves ond shall be confined only to the management zones of the PA appropriate for the purpose. Definition of Terms * Speciol Uses include activities and introduction of development consistent with the Protected Area Management Plan [PAMP) * Specicl Use Agreement in Protected Areas [SAPA) a binding instrument between the DENR through the PAMB as the Ist Party and with the applicants as the 2nd party. * Zonal Value the amount set by the BIR with the assistance of realtors and other knowledgeable persons in the area as the basis for capital gains, transfer, donors and creditable withholding taxes, expropriation and other transactions with the Government * Development Fee the fee for the use of iand or other resources for the privilege of undertaking small, medium and other bigger scale development, KINDS OF SPECIAL USESThe following are the special uses that may be allowed, but not limited to, within protected areas, subject to the issuance of an ECC and approval by the Secretary or his duly authorized representative: . Ecotourism facilities b. Camp sites ¢. Communication facilities 4. Transmission lines, ¢. Imigation canals/waterways #. Rights-of-way (transmission lines, communication facilities, etc.) 9. Aquaculture h. Scientific Monitoring Stations i. Agroforestry j. Forest Plantation DURATION OF SAPA * The SAPA may have duration of twenty five (25) years and may be renewed, subject to review and approval of the Secretary or his authorized representative upon endorsement of the Protected Area Management Board, * After the expiration or non-enewal of the agreement, all improvements and structures in the area shall be donated/tumed- cover fo the DENR. WHO MAY APPLY FOR SAPA * Indigenous Peoples Tenured Migrant Local Government Units Other Government Agencies (OGAs) Other stakeholders (corporations, cooperatives, business entities, NGOs, etc.) * Preference shall be given to IPs and tenured migrants in the issuance of the SAPA. QUALIFICATIONS ‘* For individual applicant, must be Filipino: ‘+ For association, corporation, cooperative, partnership or a juridical Person, including nongovernment organizations at least sixty percent (60%) of the capital of which is owned by Filipino citizens, whether private or public, duly created and/or registered under Philippine laws. APPLICATION REQUIREMENTS GENERAL REQUIREMENTS * Duly accomplished application form: * Certified copy of birth certificate or any other evidence of Filipino citizenship (for individuals) or ownership (for corporations}: * Project description supported by maps and pictures of the proposed area, development plan, timetable and description of activities from preparation to project implementation. The description should show sustainable management and development:* Proof of financial capability to manage and develop the area applied for based on paid-up capital and/or collaterable real properties; * Free and Prior Informed Consent [FPIC) of concemed IPs, as the case maybe. FOR GROUPS/CORPORATIONS: Copy of the SEC registration, Articles of Incorporation ond By laws. A resolution of the goveming board designating the authorized representative of the said corporation, association or partnership, if applicable; * Copy of the Resolution or Ordinance approved by the respective Sangguniang Panialowigan/Panlungsod/ Bayan, if the applicant is o Local Government Unit (LGU). * For cooperatives, o Certificate of Registration with the Cooperative Development Authority. + Copy of the SEC registration, Articles of incorporation and By laws. A resolution of the governing board designating the authorized representative of the said corporation, association or partnership, if applicable; * Copy of the Resolution or Ordinance approved by the respective Sangguniang Panialawigan/Paniungsod/ Bayan, if the applicant is a Local Government Unit (LGU). * For cooperatives, a Cerlificate of Registration with the Cooperative Development Authority. ADDITIONAL REQUIREMENTS UPON ISSUANCE OF PAMB CLEARANCE 1) Comprehensive Development and Management Plan (COMP) 2) Environmental Compliance Certificate (ECC) 3) Rehabilitation Plan SAPA RATE * 9% of the most recent zonal value of the commercial zone in the nearest barangay or municipality every year multiplied by the area applied for development; and * 1% value of improvement as premium to the protected area. + subject to reevaluation every five years. (GROUNDS FOR CANCELLATION * The SAPA may be cancelled by the Secretary or his authorized representative as recommended by the PAMB for any of the following @. Violation or non-compliance with any of the terms and conditions stipulated in the SAPA, the ECC and permits issued by other Government agencies; b, If the Agreement was obtained through fraud, misrepresentation or omission of material facts existing at the time of filing of the application;c, Abandonment of the ared or failure to exercise the privilege granted within the prescribed period of one (1) year from the issuance of the SAPA: Bankruptcy or closure of operation of the Corporation; e. Violation of natural resources laws, rules and regulations; When national interest so requires as determined by the DENR Secretary, o ‘+ SAPA can only be issued in PAs whose management plan isin effect* and where zones have been identified and delineated* + The proposed development is consistent with the PA Mngt. Plan*** + The annual SAPA fee shall be paid upon issuance of SAPA ond annually thereafter within thirty (30) days from the date of issuance * Failure to pay within the prescribed period shall be subject to surcharges of 8.33% monthly for late payment or 100% for one (1) year + An administrative fee of Pho 5,000.00 shail also be paid by the proponent for every SAPA application filed. * Environmental programs and/or projects implemented and services rendered by the proponent for tne PA shall be accounted for. + The activity should not be detrimental to ecosystem functions, biodiversity, and cultural practices and traditions * All holders of permits, contracts and agreements are required to prepare and submit a rehabilitation plan to the PAMB « A sufficient bond shall be remitted by the proponent to the DENR to be released to a depository bank in the event of damage by or closure of the establishment after satisfactory rehabilitation according to the zones and objectives of the management plan as attested to by the PAMB Ifthe permits, contracts, and agreements are not renewed, such areas shall be rehabilitated or restored by the permit holders > A SAPA holder may transfer the permit or any rights therein or any assets used therewith, if authorized by the Secretary, and if: a. The SAPA has been in existence for at least three (3) years: 'b. The SAPA holder has been faithfully complying with all the terms and conditions of the SAPA, including implementation of the DMP; c. The transferee has all the qualifications and none of the disqualifications to hold a SAPA; and d. The transferee shall assume all the obligations and responsibilities of the transferor specified in the SAPA, CDMP ond ECC.(CITIZEN'S CHARTER NO. R3-PA-02. ISSUANCE OF SPECIAL USE AGREEMENTS WITHIN PROTECTED AREAS (SAPA) SSAPA isa binding Instrument between the DENR through the Protected Area Management Board (PAMB) asthe fist party, and a second party as defined in Section 7 of DAO 2007-17 (Office or Division [DEN CENRO wo Office ofthe Secretary [cassification: Highly Technical [G2c = Government to zen Itype of transaction [G28~ Government to Business [G26 = Government to Government Ps, Tenured Migrants, Local Government Units (LGUs), Other |who may avail |Government Organizations (OGAs), Other stakeholders (corporations, cooperative, business entities, NGOs, et) Checklist of Requirements "Where to Secure [General Requirements Duly accomplished application form [DENR Office a 2. Certied copy of birth certiteate or any other evidence of Filipino citizenship (Tor individuals) or oymership ("or corporations) Philippine Statistics Authority 3. Project Description supported by maps and pictures of the proposed area, development plan, timetable, and description of activities from |preparation to project implementation 4. Proof nancial capability to manage and develop the ares applied for [based on patd-up capital and/or collaterabe real properties. 5. Pree and Prior Informed Consent (FPIC) of concerned IPs asthe case maybe National Commision on Indigenous Peoples For Individual Applicants 4. For tenured migrants, a certification from the concerned Protected [Area Superintendent Protected Area Superintendent 2. Incase of application of qualified applicants other than the PACBRMA Iholder within PACERMA areas, MOA between the proponent and PACBRMA holder is necessary [s. For IPs applying for areas outslde thelr ancestral land/domaln, a [certification from the Regional/Provincial NCIP thatthe applicant isan IP hiving within the Proteced Area !National Commission on Indigenous Peoples For Groups Corporations Assoclations/Cooperatives/NGOs [Copy ofthe SEC Registration, Articles of Incorporation and bylaws, resolution ofthe governing board designating the authorized representative ofthe sid corporation, association or partnership, i applicable Securities and Exchange Commission 2. Copy ofthe Resolution or Ordinance approved by the respective Sangguniang Panlalawigan/Parlunsod /Bayan, ithe applicant isa Local, Government Unit concerned Local Government Unit 3. For cooperatives, a Certificate of Registration with the Cooperative evelopment Authority Cooperative Development Authority (Other requirements +, Clearance/Disapproval ofthe Application Issued by RED office ofthe Regional Executive Director [5_ Comprehensive Development and Management Plan Proponent [6 Environmental Compliance Certineate IDENR-EME 7._PAMB resolution recommending the approval fSAPA application [PAM I. Map showing project site overlayed on the Management Zones in he paMP [Pao in coordination with the proponent 9. Administrative Fee amounting to PRPS 000.00 Propnent (PENRO ta recelve payment) 10, Rehablitaion Plan [Proponent 11. Posting of Rehabilitation Performance bond in form afsurety bond lorcash equivalent to 25% of the rehabilitation costasreflectedin the Proponent development plan (CDMP) 12. Map showing the project sit location in shapefile in relation to the 40- meter easement shall be submitted lPAMo in coordination with the proponent(iene [gency Action ees To Be Paid [Processing Time | Parsons Responsible Submit apicaton frm together with all he necessary permis and pertinent eanireivects sited \ccepts, reviews and endorses application Secionsoroxo 20077 [fepireiewsandenoressPpexton| 59.99 ays Protected rca Superintendent Protected ‘Area Managentent Office Deliberats snd recommend approval or as isapproval through issuance of resolution | Pere Slam FANE, cepts and records the documents [sporoved application bythe PAMBandits| yong minutes | Adminiseraive Records requirement) rom the PASU thr the Replona fee concerned PENR or CENR Ofce Seay LE None 5 minutes ‘Office ofthe Regional Executive Director Reviews identifies course of acon and refers the application othe Oc ofthe - a Regione Execute | Assistant Regional Director for Technical acne oles Director services Taran |Receives, records and forward documents nein thvada: uceetie tothe ARD for Technical Services = Asicone Regional Diretor or Technic! Sences Refers application with actions obs taken eee by the Conservation and Development None S0mintes Ar er seons bison (COD) Receives, records and Torwaris Tey application documents tothe Chie None 10 minutes ansevation and Conservation and Development Division DeveipmentDivsion Cond inal evaluation and refer tothe Protected Area Management and Chief Conservation and Biodiversity Conservation Section won iia Development Division (PANBCS) Tie Protea re evaluat application documents and Management ond |refer to technical staff Hee oa Biodiversity Conservation svatuates documents and prepares daft memorandum forthe Reslonalfxeutive | Director/PAMD Chairman forthe approval] None ess Tectnial ay AMES orto the PENRO regarding the disapproval and affix inls Reviews and provides comments/nputsfurther instructions and] None 1 dey hes PaMacs return to assigned Technical staf Zhours (for revision Rene drat memorandum an frward:o| agg | aNUOCuneM LE?) ne ng acs Ichiet PAMBCS days for further researchReviews and approve the memorandum, lstesntaiand frard the Cie, None ‘hours hes pam eo Record and wanalersthe aston ae Tamar | Aimintorate ania |documents to the Office of the Chief, CDD_ 7 ‘PAMBCS Receive the draft memorandim for he iz =e Stan, OD Ghief,coD oid Reviews nd finalize the memorandum : poten None a ours chef coo [raster te momorandam wh tals Sara fete ocean For Teh None Soke eS Reviews the corecnesandaftxes Peer None minutes | ARD for Techni Services Haste te meorandim wn Sea fie cote Regn ere None Smintss [oye rchalsoman Serta ge eee ee naa ssminutes | “Ofc othe Regional = Executive Director_ nal review and aproval/dsapproval of ce reson by aang signature a the None hours iaeees PAMB Chairman Records and wana the aed Sata resolution to the Conservation and None 1ominutes | “Ofceafthe Regional [Development Division Erect Director Prepares memorandum tothe PENRO stenion PASUrgarding the None hour | Technic! sa Panes srproval/deapproval and atta Review te content of the memorandum eens None So minutes chet pawses cords and transfers dacumentsto the oR cords andtansters : oe rae aerene ee Panes Recowe the drat memarandum and ane een em None minutes Secretory, COD ier ie menornsu ans aes Sass: meas [eansters he memorandum wth ine ay tote Oe of te ARD for Teh None mines peeo cee ‘RD for Technical Servi elec ee None romines | ARO for Technical senices records the signed memorandum for esate None Sminutes | Adminsrate Records Informs ppiant ofthe anicof Praca tea {application pees mes Superintendent > tewincesrnce —_|Revews/deltersts COMP and |(affirmed resolution), submit |Environmental Impact Assessment report None. 90 days: EME EDu and ppliction for 2c [or approval Accepts nd forward to concerned Division eva 5. submit application for bcc Review Detberstes CDMP and EIA report eve[Approves/Disapproves ECC 4. _tfapproved, submit COMP} land Ecc Reviews CDMP and recommend issuance loFSAPA if approved 30days pame [5 Endorses approval of SAPA othe Office ofthe Secreta None 20 working days Regional Beecutve Director [32 Issues the SAPA Secretar [3.3 tnforms applicant None PaSu 5. Receives SAPA; Pays annual SAPA Fee ive percent (5%) of the most recent zonal value ofthe commercial zone in the nearest barangay] ‘or municipality Where the project | areaislocated | multiplied by the size | ofthe area for \development and one percent (1%) ofthe value ot Improvernent SAPA Holdor [rorat: ‘Phip5,000,00 and ‘annual SAPA fee (to bbe computed depending on the location)