MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES


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parcels of land reserve for Marine Fisheries Multi-Purpose Farm under Proclamation No. 1282 dated June 21, 1974 were withdrawn and placed under the control and supervision of the PTA for development purposes as provided for under Presidential Proclamation No. 2237 dated November 06,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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.


(Sgd.) GLORIA MACAPAGAL-ARROYO


By the President:


(Sgd.) EDUARDO R. ERMITA
Executive Secretary


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