Dissenting Opinion - 33 - G.R. No. 224469 Based Resource Management Agreement (PACBRMA) holders; (5) the total volume cut shall not exceed limits set by the P AMB; and ( 6) the cutting must be within the Multiple Use Zone. 94 The records of the present case, however, do not contain any proof whatsoever of compliance with these requirements. It would not take more than a plain and simple reading of the ENIPAS Act and its IRR for one to realize that protected areas, as the name suggests, are subject to the strictest regulations and under the closest surveillance of the government. 95 With good reason, too, for these areas are habitats of rare and endangered species of plants and animals, biogeographic zones and related ecosystems, that require nothing but the State's utmost care and supervision. 96 Indeed, the intent of the law to clothe the State, through the DENR, with the duty of regulating natural resources found on lands, whether protected or not, can no longer be denied. In both protected and unprotected areas, it is the DENR, through various offices under its authority, that is tasked with the issuance of cutting permits as well as with the responsibility to execute agreements with all interested stakeholders, IPs included, to enforce plans in the sustainable management of natural resources, taking into account the existing cultural traditions of the IPs. This does not mean, however, that it is only the State and its interests which shall be the sole consideration in the management of natural resources found in the ancestral domains. Emerging in our current legal framework is a trend towards a pro-active and collaborative effort to achieve a reasonable balance between the recognition of IPs' rights to their lands, on the one limits set by the PAMB, and that the location of the cutting is within the appropriate site within the Multiple Use Zone; and xx x (Emphasis ours) 94 Rule 23.5 of the IRR of the ENIPAS Act provides: Rule 23.5 In case of protected areas that share common areas with ancestral territories covered by CADT/CALT, the DENR, upon the recommendation of the PAMB and with the FPIC of the affected ICCs/IPs, shall enter into a Protected Area Community-Based Resource Management Agreement (PACBRMA) with the tenured migrant communities of the protected areas. The DENR shall organize individual tenured migrants into communities. Within one (1) year from the issuance of the PACBRMA, tenure holders shall be required to prepare a Community-Based Resource Management Plan (CBRMP), on the basis of the following processes: c01mnunity mapping, plan preparation, map integration, final validation, PAMB endorsement, and affirmation by the DENR Regional Executive Director. Failure to implement the CBRMP shall be basis for the cancellation of the PACBRMA. 95 Under the ENIPAS Act and its IRR, the National Integrated Protected Area System is placed under the control and administration of the DENR, through the Biodiversity Management Bureau (8MB). Before a protected area is declared a; such, it undergoes a rigorous process where the DENR prepares reports in consultation with other key stakeholders such as local government units (LGUs), NGOs, and IPs taking into consideration all essential factors of the area such as irreplaceability, vulnerability, naturalness, abundance and diversity, geological and aesthetic features of the area. Upon receipt of recommendations from the DENR, the President shall issue a proclamation establishing the proposed protected areas until such time when Congress shall have enacted a law to that effect. Then, the P AMB, with the support of the DENR, shall formulate the Protected Area Management Plan (P AMP) with the participation of necessary agencies such as NGOs, LGUS, and all stakeholders such as the IPs and other local communities. This plan serves as the basic long-term framework for the management of the protected area which shall be harmonized with the IPs' Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) required under the IRR of the IPRA. 96 See Declaration of Policy under Section 2 of the ENIPAS Act.

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