Section 10Sec./Art. 10

Insert two (2) new sections after Section 11 of Republic Act No 7586 to read as follows:

"Sec. 11-A. Powers and Functions of the PAMB. - The PAMB shall have the following powers and functions:

"(a) Oversee the management of the protected area;

"(b) Approve policies, plans and programs, proposals, agreements, and other related documents for the management of the protected areas;

"(c) Approve the management plan of the protected area and ensure its harmonization and integration with the ADSDPP, land use plan and other development plan public or private, and its implementation;

"(d) Adopt a manual of operations to include rules of procedures in the conduct of business, and the creation of committees and their respective terms of reference;

"(e) Recommend the deputation of appropriate agencies and individuals for the enforcement of the laws, rules and regulations governing the management of protected area;

"(f) Allocate financial resources for the implementation of the management plan and manage the Protected Area Retention Income Account and and other funds in accordance with the accounting and budgeting rules and regulations;

"(g) Set fees and charges in accordance with the existing guidelines;

"(h) Issue rules and regulations for the resolution of conflicts through appropriate and effective means;

"(i) Recommend appropriate policy changes to the DENR and other governing authorities;

"(j) Monitor and assess the performance of the protected area personnel and compliance of partners with the terms and conditions of any undertaking, contract or agreement;

"(k) Recommend from among a shortlist of qualified candidates, the designation or appointment of the PASU; and

"(l) Assess the effectiveness of the management of the protected area: Provided, That the members of the management board representing the LGUs and national agencies in the PAMB shall inform their respective constituents, offices or sectors, of PAMB-approved or other relevant policies, rules, regulations, programs, and projects and shall ensure that the provisions of this Act and its implementing rules and regulations are complied with, and used as reference and framework in their respective plans, policies, programs, and projects.

Failure to comply with the foregoing shall be the basis for disciplinary action against such member according to administrative rules and regulations and such penalties as the PAMB may provide: Provided, further, That The DENR, through the Regional Director, shall ensure that the PAMB acts within the scope of its powers and functions. In case of conflict between the resolutions issued by the PAMB and the existing administrative orders of national application, the latter shall prevail."

"Sec. 11-B. The Protected Area Management Office (PAMO). - There is hereby established a Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (PASU) with a permanent plantilla position who shall supervise the day management, protection and administration of the protected area. A sufficient numberof support staff with permanent plantilla position shall be appointed by the DENR 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 protected area. Pursuant thereto, the PASU shall have the following duties and responsibilities:

"(a) Prepare the management plan, in consultation with the stakeholders, including the annual work and financial plans and ensure its implementation;

"(b) Ensure the integration of the protected area management plans, programs, projects, and policies with relevant national and LGUs' plans and programs;

"(c) Provide secretariat services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making;

"(d) Formulate and recommend to the PAMB proposed policies, rules, regulations, and programs;

"(e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making;

"(f) Enforce the laws, rules and regulations relevant to the protected area. Commence and institute administrative and legal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of this Act;

"(g) Monitor, evaluate, and report the implementation of management activities of protected area;

"(h) Request for and receive any technical assistance support or advice from any agency or instrumentality of the government as well as academic institutions, NGOs, and the private sector, as may be necessary for the effective management, protection and administration of the protected area;

"(i) Issue permits and clearances for activities that implement the management plan and other permitted activities in accordance with terms, conditions, and criteria established by the PAMS: Provided, That all permits for extraction activities, including collection for research purposes, shall also continue to be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASU, in accordance with the specific acts to be covered;

"(j) Collect and/or receive pertinent fees, charges, donations, and other income for the protected area: Provided, That such fees, charges, donations, and other income collected /received shall be reported regularly to the PAMB and the DENR in accordance with existing guidelines;

"(k) Prepare and recommend to the management plan; and

"(l) Perform such other functions as the PAMB and the DENR may assign.

"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."