Section 7Sec./Art. 7

Institutional Mechanisms. The following administrative and policy-making mechanisms shall apply:

(A) There shall be a Protected Area Management Board which shall be the policy-making body of the protected area. It shall be composed of:

(1) The Regional Executive Director of the DENR or his authorized representative, who shall act as the Chairman;

(2) One representative from each municipal or city government with territory inside the protected area or their authorized representatives;

(3) One representative from each barangay with territory inside the protected area or their authorized representatives;

(4) At least three representatives from local NGOs operating within the MMTNP, chosen among themselves, as members. For POs, it should have one representative from each municipality with territory within MMRNP, chosen from among themselves;

(5) Other Government Agencies with active role in the management of the protected area;

(6) The Provincial Planning and Development Officer and the Provincial DILG Officer shall sit asex officiomembers to be endorsed by the Governor;

(7) One representative from each indigenous cultural community within the protected area chosen using customary practices.

Every member of the PAMB shall serve for a term of five years, shall be considered to represent and carry the vote of such sector in all matters. In case of members who are government officials, the membership shall be attached to the office held.

(B) The PAMB of Mt. Malindang Natural Park shall have the following powers and functions:

(1) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to the protected areas and the policy declaration herein set forth;

(2) Establish criteria and set fees for the issuance of permits for the activities regulated by this Act or the management plan;

(3) Adopt rules of procedure for the conduct of business, including the creation of committees to whom its powers may be delegated;

(4) Approve the management plan an oversee the office of the PASu;

(5) Recommend to the DENR Secretary or Regional Director interested individuals who will enforce the laws, rules and regulations governing the protected area;

(6) The Board shall have the power to recommend interested individuals for the enforcement of the laws, rules and regulations governing the protected area to be approved by the DENR Secretary or Regional Director;

(7) Accept donations, approve proposals for funding, budget allocations and exercise accountability over all funds that may accrue to the Mt. Malindang Natural Park;

(8) Retain legal counsel, either on a permanent or temporary basis, to defend cases against the PAMB and the PASu staff whenever they are sued in connection with the performance of their duties under this Act; and

(9) Identify the tenure migrants and recommend the issuance of corresponding appropriate tenurial instruments.

The DENR, through the Regional Director or any duly authorized official, shall exercise authority to oversee the PAMB to ensure that it is acting within the scope of its powers and functions. In case of a conflict between administrative orders issued by the DENR pursuant to the NIPAS Act for national application and the rules and regulations issued by the PAMB, the PAMB shall notify the Secretary of the DENR who shall decide whether to apply the rule or withdraw its application for Mt. Malindang Natural Park.