Section 10Sec./Art. 10

Tenured Migrants and Transient Farmers. Tenured migrants are those members of households that have actually and continuously occupied the Mt. Malindang Range Natural Park since June 1, 1987, basing the data from the 1999 Survey and Registration of Protected Area Occupants (SRPAO) and are substantially dependent on the protected area for their livelihood. For purposes of official documentation of rights and extent of occupation within the protected area, the tenured migrant household shall be issued a tenure instrument over such areas as have been occupied or cultivated since June 1, 1987 or earlier.

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 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 protected area since June 1, 1987 are considered to be occupying such lands and shall be entitled to a tenure instrument restricted 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 holders repeated refusal to comply with 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 the nearest of kin:Provided, That if the land is idle for a minimum of five (5) years, the PAMB will initiate the control and management of the area.