Section 9Sec./Art. 9

Tenured Migrants and Transient Farmers.- Tenured migrants are those members of households that have actually and continuously occupied the Mt. Kitanglad Range Protected Area since July 1,1987 and are substantially dependent on the PA for their livelihood. For the purposes of official documentation of rights and extent of occupation within the PA, the tenured migrant household shall be issued a tenure instrument over such areas as have been occupied or cultivated since July 1, 1987. Tenured migrants may occupy and use the area specified in the instrument for a term of twenty-five (25) years renewable for another twenty-five (25) years. The holder of the instrument upon the lapse of this period may negotiate for a new instrument and his/her occupancy shall be evaluated by the PAMB for purposes of such renewal.

If despite consideration paid to current practices, areas occupied by tenured migrants are designated as zones in which no occupation or other activities are allowed, provision for their transfer to multiple use zones or buffer zones shall be accomplished using humanitarian considerations.

Persons who have been cultivating land within the PA since July 1,1987 are considered to be occupying such lands and shall be entitled to a tenure instrument restrictive to cultivation:Provided,That the rights under such can only be transferred to direct descendants.

Tenured migrant instruments may be cancelled for violation of the terms and conditions specified therein, upon the holder's repeated refusal to comply with the management plan or the regulations set by the PAMB or by voluntary surrender of rights. Upon cancellation of a tenured migrant instrument, the PASu shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to the cultivation or other act by the transient or tenured migrant.

Tenured migrant instruments are transferable only to direct descendants but are not divisible to numerous heirs.