[ EXECUTIVE ORDER NO. 436, June 21, 2005 ]
TRANSFERRING THE MANAGEMENT, ADMINISTRATION AND MAINTENANCE OF THE HUNDRED ISLANDS NATIONAL PARK (HINP) FROM THE PHILIPPINE TOURISM AUTHORITY TO THE CITY GOVERNMENT OF ALAMINOS, PANGASINAN
WHEREAS, pursuant to Presidential
Proclamation No. 667 dated January 18, 1940, a group of islands in the
Municipality of Alaminos, Pangasinan was established for the benefit
and enjoyment of the people of the Philippines and known as the "Hundred
Islands National Park" (HINP);
WHEREAS, Republic Act No. 3655 dated June 22, 1962, created the
Hundred Islands Conservation and Development Authority (HICDA), for the
conservation, development and management of HINP;
WHEREAS, the HINP including Lucap Bay was transferred from HICDA
to the Philippine Tourism Authority (PTA) by virtue of Section 35 of
Presidential Decree No. 564;
WHEREAS, pursuant to Proclamation No. 2183 dated April 27, 1982,
the HINP, including the Lucap Bay and its foreshore areas beginning
from Sitio Telbang in the east to Sitio Recudo in the west, was declared
as a Tourist Zone and Marine Reserve under the control and
administration of the PTA;
WHEREAS, certain parcels of land reserve for Marine Fisheries
Multi-Purpose Farm under Proclamation No. 1282 dated June 21, 1974 were
withdrawn and placed under the control and supervision of the PTA for
development purposes as provided for under Presidential Proclamation No.
2237 dated November 06, 1982;
WHEREAS, Republic Act No. 7160 otherwise known as the Local
Government Code of 1991, encourages the transfer of power and authority
from the national government to the local government units, in line with
the government s devolution program as mandated by the Constitution;
WHEREAS, the HINP, the Lucap Bay and marine reserve fall within
the territorial jurisdiction of the City Government of Alaminos,
Pangasinan by virtue of Republic Act No. 9025, otherwise known as "AN
ACT CONVERTING THE MUNICIPALITY OF ALAMINOS, PANGASINAN INTO A COMPONENT
CITY TO BE KNOWN AS THE CITY OF ALAMINOS."
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Republic of the Philippines, by virtue of the powers vested in m by law,
do hereby order:
SECTION 1. Transfer of Administration, Control, Management and
Maintenance. - The administration, management, maintenance and operation
of the whole Hundred Islands National Park (HINP) as delineated under
Proclamation No. 667 dated January 18, 1940, the Tourist Zone and Marine
Reserve under Presidential Proclamation No. 2183 dated April 27, 1982,
and the control and supervision over certain parcels of lands under
Presidential Proclamation No. 2237 dated November 6, 1982, including all
the activities, facilities and improvements thereon, are hereby
transferred from the Philippine Tourism Authority (PTA) to the City
Government of Alaminos, Pangasinan.
SEC. 2. PTA-HINP Employees. - The City Government of
Alaminos may opt to absorb PTA-HINP employees whose services are
necessary for the continuance of HINP s operations. On the other hand,
employees who are not absorbed by the City of Alaminos may continue
their employment at PTA if their services are still deemed necessary by
the PTA. Employees who are no longer needed by PTA shall be paid their
corresponding separation pay and other benefits which they are entitled
to, subject to civil service rules and regulations.
SEC. 3. Control and Supervision. - The City Government of
Alaminos shall have full control of administration, supervision and
discretion in its management, including the award and regulations of all
activities and concessions in the HINP as well as the Lucap Bay and its
Foreshore Area.
SEC. 4. Prohibited Acts. - The City Government of Alaminos shall
not encumber, mortgage, or alienate any portion of the HINP. Its use
shall be limited only to recreation and tourism-related activities.
SEC.
5. Revenues. - All revenues and collections generated from the
operation of the HINP shall accrue to the treasury of the City
Government of Alaminos and shall be used solely for the management,
maintenance, operation and development of the HINP.
SEC. 6. The Department of Environment and Natural
Resources (DENR) Task.- Since the HINP has been declared as a protected
area under Republic Act No. 7586, otherwise known as NIPAS ACT of 1992,
and within the limited jurisdiction of the DENR, the City Government of
Alaminos must coordinate with the DENR in the preparation of its
management plans as mandated by R.A. 7586.
SEC. 7. Promotions and Technical Assistance. - The DOT, PTA and
DENR shall continue to provide promotional support and technical
assistance for the operation and further development of the HINP and
foreshore area.
SEC. 8. Repealing Clause. - All other executive
issuances, rules and regulations or parts thereof which are inconsistent
with the provisions of this Executive Order are hereby repealed,
amended or modified accordingly.
SEC. 9. Effectivity - This Executive Order shall take effect immediately.
DONE in the City of Manila, this 21th day of June, in the year of Our Lord, Two Thousand and Five.
By the President:
(SGD.) EDUARDO R. ERMITA
Executive Secretary
Source: Supreme Court E-Library | Date created: 2012-08-28 10:26:39
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