Act Declaring the Province of Biliran as a Tourism Development Area (TDA)

March 7, 2016

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10409, OTHERWISE KNOWN AS "AN ACT DECLARING THE PROVINCE OF BILIRAN AS A TOURISM DEVELOPMENT AREA (TDA)"

Pursuant to the authority vested in the Secretaries of the Department of Tourism, and the Department of Environment and Natural Resources under Section 6 of Republic Act No. 10409, otherwise known as an "Act Declaring the Province of Biliran as a Tourism Development Area (TDA)", the following Implementing Rules and Regulations (IRR) are hereby promulgated:

RULE 1

General Provisions

SECTION 1. Declaration of Policy. — It is hereby declared the policy of the State to promote a tourism industry that is ecologically sustainable, responsible, participative, culturally sensitive, economically viable and equitable for local communities. In so doing, the State shall ensure the full implementation of this Act, support the establishment of the Tourism Enterprise Zones and the mobilization of resources for institutional mechanism herein established to attract and focus investments on specific geographic areas within the TDA.

SECTION 2. Objectives. — To pursue the above declaration, the following objectives are hereby adopted:

(a) To develop a provincial tourism development plan and work on its adoption and implementation by national and local governments;

(b) To create and operationalize a Tourism Development Area management structure that will ensure the proper implementation of Republic Act No. 10409 and the development plan through the collaboration of, but not limited to, the Provincial Tourism Council, the Provincial Government of Biliran, the Municipal Governments within the Province of Biliran, the Department of Tourism (DOT) and its attached agencies, the Department of Environment and Natural Resources (DENR) and its attached agencies, the Department of Public Works and Highways (DPWH), the Department of the Interior and Local Government (DILG), the Department of Trade and Industry (DTI), the Department of Labor and Employment (DOLE), the Technical Education and Skills Development Authority (TESDA), and other government agencies, Civil Society Organizations, and the Academe;

(c) To establish a Tourism Development Area management system within the spirit of Republic Act No. 10409 and in accordance with Republic Act No. 9593 (Tourism Act of 2009), the Republic Act No. 7586 (National Integrated Protected Areas System [NIPAS] Act), consistent with the strategic direction of the National Tourism Development Plan 2011-2016, the National Ecotourism Strategies and Action Plan 2013-2022 and its eight strategies (that requires a strong cohesion among ecotourism stakeholders to pursue inclusive growth in the development of ecotourism sites and destinations that are networked within the identified cluster of tourism development), and the Eastern Visayas Regional Tourism Road Map, and other local ordinances and development plans;

(d) To establish the Biliran Tourism Development Trust Fund, in accordance with Section 4 of the Act, and acquire and manage other resources necessary for the development thrusts of various sites in the Tourism Development Area; CAIHTE

(e) To allow equal access to resources and participatory planning by the entire community in the Tourism Development Area;

(f) To promote inclusive equity of the socio-economic benefits to the local communities and encourage grassroots initiatives within the Province of Biliran;

(g) To ensure the participation of both women and men in the Tourism Development Area planning and management for the inclusion of youth and other gender-related issues; and

(h) To promote the protection and conservation of biodiversity and sustainable use of natural, cultural and historical resources within the Tourism Development Area.

SECTION 3. Scope and Coverage. — The Biliran Tourism Development Area hereby includes, but not limited to, the following tourism sites in municipalities endowed with natural, man-made, cultural, historical and religious tourism assets:

(a) The Higatangan Island, herein, within the Municipality of Naval in the Province of Biliran, with coordinates beginning at the point marked cor "1" northing 1280743 and easting 636564 and ending at a point marked cor "90" northing 1280647 and easting 636599 covers an area of 487.46 hectares;

(b) The Sambawan Island, herein, within the Municipality of Maripipi in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1300284 and easting 637845.3 and ending at a point marked cor "8" northing 1300269 and easting 637830 covers an area of 1.4 hectares;

(c) The Mangrove Area of Looc known as the Cabucgayan Boardwalk, herein, within the Municipality of Cabucgayan in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1269357 and easting 668319 and ending at a point marked cor "7" northing 1269263 and easting 668235.5 covers an area of 4.73 hectares;

(d) The Casabangan Falls, herein, within the Municipality of Cabucgayan in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1270896 and easting 666847.9 and ending at a point marked cor "9" northing 1270897 and easting 666830.0 covers an area of 0.18 hectares;

(e) The Tinago Falls, herein, within the Municipality of Caibiran in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1280986 and easting 666353.4 and ending at a point marked cor "8" northing 1280947 and easting 666408 covers an area of 0.46 hectares; and

(f) The Bagongbong Falls, herein, within the Municipality of Almeria in the Province of Biliran, with coordinates beginning at a point marked cor "1" northing 1286258 and easting 652825.8 and ending at a point marked cor "8" northing 1286240 and easting 652815.6 covers an area of 0.21 hectares.

The technical description provided in Republic Act No. 10409 will be subject to ground survey and verification to be conducted by the Department of Environment and Natural Resources-NAMRIA.

It is understood that the scope and coverage under this Section does not preclude the possible expansion of these identified priority tourism sites that may later on be amended to include emerging and potential sites and destinations.

SECTION 4. Definition of Terms. — For purposes of these Rules, relevant terms shall be defined as follows:

(a) "Civil Society Organization(s)" or "CSO(s)" — refers to an organization that is non-government in nature, organized and run by private individuals bonding together as a group with common purpose and agenda. This may include non-government organizations (NGOs), People's Organizations (PO), Professional Groups (PG), and other such organizations like Women and Youth Organizations.

(b) "Environmentally Critical Area" or "ECA" — refers to an area that is environmentally sensitive and is so listed under Presidential Proclamation No. 2146, Series of 1981, as well as other areas which the President of the Philippines may proclaim as environmentally critical in accordance with Section 4 of Presidential Decree No. 1586.

(c) "Environmental Compliance Certificate" or "ECC" — refers to the document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking has complied with all the requirements of the Environmental Impact Statement System and has committed to implement its approved Environmental Management Plan to address the environmental impacts.

(d) "Forest Land Use Plan" or "FLUP" — a document developed through iterative, transparent, accountable, and participatory process to ensure sustainable management of forests and forestlands providing environmental, social and economic benefits to the society.

(e) "Key Biodiversity Area(s)" or "KBA(s)" — refers to a selected area(s) identified and classified as critical for conservation of the natural habitat of threatened species.

(f) "Municipal Government(s)" — refers to the municipalities comprising the Province of Biliran.

(g) "Municipal Tourism Council" — refers to the tourism council established by each municipality in the Province of Biliran, which shall be composed of 60% Private Sector (Individuals, associations or groups directly involved in the tourism industry) and 40% Government Sector (Officials/officers or designated representatives of Local Government Units and National Government Agencies);

(h) "NAMRIA" — refers to the National Mapping and Resource and Information Authority, an attached agency of the DENR.

(i) "National and Regional Tourism Development Plans" — refers to the Tourism Development Plans set by the DOT and its regional offices.

(j) "Primary Tourism Enterprise(s)" or "PTE(s)" — refers to a facility and service(s) that are directly related to tourism and which are required by law to secure a prior DOT-accreditation for its operation such as, accommodation establishments in accordance with RA 9593, but not limited to, hotels, resorts, apartment hotels, tourist inns, motels, pension houses, homestay, ecolodges, condotels, service apartments, and bed and breakfast facilities; hotel and tourism estate management services; meetings, incentives, conventions and exhibition organizers and facilities (MICE facilities); sports and recreational facilities, and such other enterprises as may be identified by the Secretary, after due consultation with concerned sectors.

(k) "Provincial Development and Physical Framework Plan" — refers to the Development and Physical Framework Plan of the Province of Biliran.

(l) "Provincial Government" — refers to the Biliran Provincial Government.

(m) "Provincial Tourism Council" — refers to the Tourism Council of the Province of Biliran, which shall be composed 60% Private Sector (Individuals, associations or groups directly involved in the tourism industry) and 40% Government Sector (Officials/officers or designated representatives of local government units and national government agencies).

 

(n) "Provincial Tourism Office" — refers to the Tourism Office of the Province of Biliran.

(o) "Tenurial Instrument" — refers to an instrument issued by the DENR under the Community Based Forest Management System to certain stakeholders evidencing their rights over forest lands and awarded for choosing to be stewards of the identified areas.

(p) "Tourism Development Area" or "TDA" — refers to one area, but usually include several tourism sites that can either have considerable existing tourism activity or have the potential for significant tourism development, established pursuant to Republic Act 10409. A TDA has a combination of attractions, facilities and amenities which meet tourists' interests and needs with access to transport linkages/and connectivity having infrastructure and spatial relationships of the various Tourism Sites.

(q) "Tourism Enterprise Zone" or "TEZ" — refers to a tourism enterprise zone created pursuant to Republic Act No. 9593.

(r) "Tourism Site" or "TS" — refers to a specific place which tourists visit to see and experience. It may be an existing natural attraction, area of natural scenic beauty, man-made attraction, or historical/cultural or heritage site. This also includes a site or area for potential development or enhancement for tourism development.

(s) "Trust Fund" — refers to the Tourism Development Trust Fund of the Province of Biliran referred in Rule 3 herein, established in accordance with RA 10409.

(t) "Trust Fund Administrator" — refers to the fund administrator of the Biliran TDA Tourism Fund referred in Rule 3 herein, elected in accordance with Rule 2, Section 2, b.1 (v) herein.

RULE 2

Tourism Development Plan of Biliran

SECTION 1. Tourism Development Plan of Biliran. —

(a) The formulation of the Biliran Tourism Development Plan shall be initiated by the Provincial Government, through the Provincial Tourism Council, in collaboration with the DOT and the DENR, and in consultation with the Municipal Governments, the private sector stakeholders, civil society and relevant government entities;

(b) The Biliran Tourism Development Plan shall be integrated in the Provincial Development and Physical Framework Plan and incorporated in the DOT's overall National and Regional Tourism Development Plans;

(c) Municipal Governments shall be enjoined to prepare their respective tourism development plans, aligned with the Biliran Tourism Development Plan;

(d) All other tourism-related local development plans and interventions shall be harmonized with the Biliran Tourism Development Plan;

(e) The Biliran Tourism Development Plan shall be jointly implemented by the Municipal Governments and the Provincial Tourism Council; and,

(f) The planning and implementation shall take into consideration Republic Act No. 7586 and its implementing rules and regulations;

f.1 For ecotourism sites, pertinent provisions of the National Ecotourism Strategy and Action Plan 2013-2022 shall be adopted, especially in the selection of sites for ecotourism development to ensure the efficacy of the concerted efforts focused on these sites;

f.2 In as much as the Biliran TDA is declared as an ECA under Presidential Decree No. 1586, no person, partnership or corporation shall therefore operate or undertake to operate in any part thereof, such as declared environmentally critical projects or environmentally critical areas, without first securing an Environmental Compliance Certificate (ECC). Processing of ECC shall be in accordance with DENR Administrative Order 2003-30 or the Implementing Rules and Regulations for the Philippine Environmental Impact Statement System;

f.3 Biliran Province ranks number 88 from among the 128 identified Key Biodiversity Areas in the country. This covers the municipalities of Almeria, Biliran, Cabucgayan, Caibiran, Culaba and Kawayan. Existing laws, rules and regulations on environment and natural resources should apply in these areas;

f.4 Almeria, Culaba, Kawayan and Naval are listed under Republic Act No. 9147 (Wildlife Conservation and Protection Act) as critical habitats. Said law provides for the establishment of important conservation areas not covered by NIPAS. As such, due consideration to Republic Act No. 9147 shall be given in preparing plans for the said municipalities; HEITAD

f.5 Tinago Falls and Mainit Hot Spring in Caibiran are located within a timberland area and is covered by a Tenurial Instrument, as provided for under Executive Order No. 263 (Community-Based Forest Management Program). As such, a Memorandum of Agreement consistent with the approved Tourism Development Plan and the Community Resource Management Framework (CRMF) of the People's Organization (PO) shall be forged among the Tourism Council, Local Government Units, and the CBFM-PO prior to any development initiative; and,

f.6 The Biliran Tourism Development Plan shall include short, medium and long term programs, projects and activities; together with the corresponding and proposed financing strategies for the plan implementation.

SECTION 2. Biliran TDA Organization and Management Structure and Functions. —

(a) Management of the TDA shall be through a co-management scheme with lateral relationship between the Provincial Government, represented by the Provincial Tourism Office in collaboration with the Provincial Tourism Council, in coordination with the DOT, represented by the DOT Regional Office — TDA Manager, and the DENR, represented by the Provincial Environment and Natural Resources Office (PENRO). The Municipal Governments, through their respective tourism officers and tourism council, shall be part of the vertical relationship in the management structure;

(b) The functions of each entity in the management structure are as follows:

b.1 The Provincial Tourism Council shall —

i. Formulate programs and recommendations to develop local tourism facilities and attractions tapping local, national, international resources and funds;

ii. Assist in the regulation and supervision of Primary Tourism Enterprises and other tourism-oriented establishments thereby ensuring wholesome and clean tourism activities in the Biliran TDA;

iii. Assist in monitoring the implementation of the Republic Act No. 7160 (Local Government Code of 1991) and Republic Act No. 9593 on the matter of licensing and accreditation of Primary Tourism Enterprises and other tourism-oriented establishments in the TDA to ascertain safe, secured and enjoyable stay of tourists;

iv. Meet on a regular basis, to classify and evaluate Tourism Sites and activities within the Biliran TDA; Such classifications and evaluations may be used as guide in the development and implementation of their respective programs;

v. Administer the Trust Fund through an elected Trust Fund Administrator;

vi. Elect from amongst themselves the Trust Fund Administrator whose functions are specified in Rule 3, Section 1 of this IRR; and,

vii. Act on the concerns and for the best interest of Primary Tourism Enterprises and other tourism-oriented establishments.

b.2 The Provincial Government through the Provincial Tourism Office shall —

i. Strengthen the role of the Provincial Tourism Council, in accordance with DILG Memorandum Circular No. 95-162, and encourage the participation of Civil Society Organizations (CSOs) and the private industry stakeholders in initiating programs for tourism development and environmental protection;

ii. Integrate all tourism development plans established by Municipal Governments in the formulation and updating of the Provincial Tourism Development Plan, as well as the:

1. Zoning, Land Use and Infrastructure Development Plans;

2. National System of Standards for Tourism Enterprises; and

3. Heritage and environmental protection imperatives.

 In a manner that encourages sustainable tourism development, community development and investment, the local tourism development plan shall:

4. Adopt the principles of sustainable tourism development; and,

5. Give due regard to the conservation of natural endowments and preservation of cultural heritage.

iii. In consultation with stakeholders, utilize its powers under Local Government Code of 1991, and shall:

(i) Prepare, adopt, implement and monitor its local tourism development plan;

(ii) Enforcement of standards for Primary Tourism Enterprises and other tourism-oriented establishments; and,

(iii) Collection of statistical data for tourism purposes.

iv. Appropriate funds and tap local, national and international resources and funds for the development of local tourism facilities and attractions, operational expenditures, conduct of research studies and capability-building trainings, and, marketing and promotions;

v. Provide opportunity for local communities to achieve a better quality of life; and,

vi. Ensure the compliance of all the Primary Tourism Enterprises within its jurisdiction with DOT's mandatory accreditation requirement, pursuant to Republic Act No. 9593, as a prior requirement for the issuance of business permits.

b.3 The DOT and its attached agencies shall —

i. Appropriate funds and tap local, national and international resources and funds for the development of local tourism facilities and attractions, conduct research studies and capability-building trainings, and, marketing and promotions for the Biliran TDA, consistent with the strategic marketing program set by the DOT;

ii. For product development and marketing, the DOT regional office will lead, initiate, catalyze and drive the key players into acting upon the TDA plans. It must also function to stimulate new tourism product development and enhance the existing ones; ATICcS

iii. For marketing, the DOT will lead the formulation and implementation of a sound strategic marketing program that will be adopted by the TDA stakeholders according to National Tourism Development Plan and the Eastern Visayas Regional Tourism Roadmap; and,

iv. Extend full-time coordination and supervision at the local level, as well as technical support and institutional strengthening for tourism planning, development, marketing, and regulation at the DOT regional and local government unit level, to ensure successful implementation of cluster/TDA development plans and related projects.

 

b.4 The DENR and its attached agencies shall —

i. Appropriate funds as directed in this Act. Provided that, in areas identified as a Protected Area, the funds for the purpose may be sourced from the operation of RA 10629, otherwise known as "An Act Providing for the Retention by the Protected Area Management Board of Seventy-five Percent (75%) of the Revenues Accruing to the Integrated Protected Area Fund (IPAF)," Amending for the Purpose Section 16 of Republic Act No. 7586, Otherwise Known as the National Integrated Protected Areas System Act of 1992," for disbursements involving the protection, maintenance, administration and management of the system and duly approved projects endorsed by the PAMBs;

ii. Provide technical assistance in human resources development, planning and implementation of tourism-related programs/activities;

iii. Ensure the protection and conservation of natural and cultural heritage as well as vulnerable groups;

iv. Advocate for the protection, conservation and sustainable utilization of biodiversity resources;

v. Exercise regulatory functions on permitting survey and scientific research of affected areas; and

vi. Assist in the monitoring and evaluation of projects within the TDA.

b.5 The National Government Agencies (NGAs)

i. DPWH — shall be responsible for the building and maintenance of infrastructure projects, including but not limited to, roads and bridges, sewerage and solid disposal systems, and water system;

ii. DOE — shall be responsible for the electric power infrastructure, availability of raw materials for power production, and area electrification through attached agencies;

iii. DTI — through the Board of Investments (BOI), shall be responsible for fiscal incentives administration;

iv. DOF — through the Bureau of Internal Revenue and Bureau of Customs, shall be responsible for granting of fiscal incentives;

v. Naval State University — shall be responsible for the development of human resources at the tertiary level, focusing on management skills towards the last part of the undergraduate course on tourism management, and hotel and restaurant/hospitality management; and,

vi. TESDA — shall be responsible for the development of human resources at the skilled level.

b.6 The Municipal Tourism Councils shall —

i. Formulate programs and recommendations to develop local tourism facilities and attractions tapping local, national, international resources and funds;

ii. Assist in the regulation and supervision of Primary Tourism Enterprises and other tourism-oriented establishments thereby ensuring wholesome and clean tourism activities in the municipality;

iii. Assist in monitoring the implementation of the Local Government Code and Republic Act No. 9593 on the matter of licensing and accreditation of Primary Tourism Enterprises and other tourism-oriented establishments in the municipality to ascertain safe and enjoyable stay of tourists; and

iv. Meet on a regular basis, to classify and evaluate Tourism Sites and activities within the municipality; Such classifications and evaluations may be used as guide in the development and implementation of their respective programs.

b.7 The Municipal Governments through the Municipal Tourism Offices shall —

i. Strengthen the role of their respective Municipal Tourism Councils and encourage the participation of CSOs and the private industry stakeholders in initiating programs for tourism development and environmental protection.

ii. Integrate development plans in the formulation and updating of the Biliran Provincial Tourism Development Plan, to include:

1. Zoning, Land Use and Infrastructure Development Plans;

2. National System of Standards for Tourism Enterprises; and

3. Heritage and environmental protection imperatives.

 In a manner that encourages sustainable tourism development, community development and investment, the local tourism development plan should:

4. Adopt the principles of sustainable tourism development; and,

5. Give due regard to the conservation of natural endowments and preservation of cultural heritage.

iii. In consultation with stakeholders, utilize their powers under Republic Act No. 7160, viz.:

1. Prepare, adopt, implement and monitor their respective local of tourism development plan;

2. Enforce standards for tourism enterprises; and

3. Collect statistical data for tourism purposes.

iv. Appropriate funds and tap local, national and international resources and funds for the development of local tourism facilities and attractions, operational expenditures, conduct of research studies and capability-building training, and, marketing and promotions; and, TIADCc

v. Provide opportunities for local communities to achieve a better quality of life.

vi. Ensure the compliance of all the Primary Tourism Enterprises within its jurisdiction with DOT's mandatory accreditation requirement, pursuant to Republic Act No. 9593, as a prior requirement for the issuance of business permits.

SECTION 3. Supervision and Implementation of the TDA Plans and Programs. —

(a) The Office of the Governor through the Provincial Tourism Office will be the designated unit to oversee the plan implementation in addition to its current responsibility, as well as to ensure that requisite funds at any stage of the plan implementation will be made available and accessible at the time and place of need for any development and promotional projects by including these funds in their annual administrative and operating budget; and,

(b) To strengthen and capacitate the Provincial Tourism Office to assume additional responsibilities and carryout the concomitant tasks, the Provincial Tourism Office will be manned by qualified personnel from the other units of the Biliran Governor's office through the process of rationalization of its manpower complement vis-à-vis the Governor's responsibilities based on his mandate invoking the Rationalization Plan adopted by the National Government in 2004, in accordance with Executive Order No. 366, to reduce or maximize the utilization, as the case may be, of the current manpower complement in specific offices.

SECTION 4. Monitoring and Evaluation Mechanism. —

The institutional monitoring network shall be led by the Provincial Tourism Council and the Office of the Governor, through its Provincial Tourism Office, together with the executing and implementing National Government agencies as its collaborators, which shall include but not limited to the following:

(a) The DOT, through its Region 8 Office, will from time to time monitor the progress of the Biliran Tourism Development Area;

(b) The DENR Regional Office 8 will devise its own monitoring system based on the objectives and indicators in each tourism development sites in the TDA according to existing rules and regulations as embodied in the NIPAS Act and other existing laws; and, cSEDTC

(c) The participating NGAs shall likewise come up with their own monitoring system according to their agency's rules and regulations.

RULE 3

Biliran Tourism Development Trust Fund

SECTION 1. Biliran Tourism Development Trust Fund. —

(a) Purpose of the Trust Fund — The Trust Fund created by virtue of Section 5 of Republic Act No. 10409 shall be disbursed for the purpose of financing projects aimed to enhance tourism in the Province of Biliran.

(b) Fund Management — The Trust Fund shall be administered by a Trust Fund Administrator under the Provincial Tourism Council. Income shall be derived from fees from visitors/tourist, fees from permitted sale and export of flora and fauna and other resources from the province, proceeds from the registration and lease of multiple-use areas, including tourism concessions, fees, proceeds, and, contributions from industries and facilities directly benefiting the province.

(c) The Trust Fund may be augmented by grants and donations, endowment from various sources, domestic or foreign entities and individuals, for purposes related to their functions: Provided, That disbursements therefrom shall be in accordance with existing accounting and auditing rules and regulations: Provided, further, that the Trust Fund shall not be used to cover personal services expenditures.

(d) Fixing of Fees and Charges

d.1 The Provincial Tourism Council, pursuant to Section 5 of Republic Act No. 10409, shall fix and prescribe reasonable fees to be collected from any person, firm or corporation deriving benefits from the TDA, in consultation with the municipal LGUs and stakeholders. Such fees and charges and fund allocation/sharing shall be prescribed under a tourism council resolution; and,

d.2 The Provincial LGU shall adopt the resolution of the Tourism Council on the collection of fees and charges, and fund allocation by enacting an ordinance, in consultation with LGUs and other stakeholders.

(e) Collection of Money

e.1 The respective Treasurer's Offices of each Municipal Government shall collect the required percentage share of pertinent fees and charges from the tourism sites at the end of every month and remit to the Tourism Council the corresponding percentage share due them, as provided for in the Provincial Ordinance. The collecting officer shall likewise submit a statement of amounts collected to both the Provincial Tourism Council and the Provincial Tourism Office.

(f) Trust Fund Administration

f.1 The Tourism Council shall have discretion on the allocation of funds to identified priority development sites in the TDA. The allocation shall include the creation of sub-funds or accounts for:

(i) Each TDA priority development site; and,

(ii) Contributions or other funds specified for a particular activity that may involve more than one (1) area.

f.2 Allocations for any development site shall be managed by its respective Municipal Governments subject to guidelines established by the Provincial Tourism Council;

f.3 Seventy-five percent (75%) of the revenues generated in a particular Tourism Site of the TDA shall be retained for the development and maintenance of the area and utilized subject to the Provincial Tourism Council's guidelines cited above. The balance of 25% shall be remitted to the Trust Fund; and,

 

f.4 The Tourism Council shall provide the:

(i) Guidelines for the establishment of a Trust Fund which shall be prepared in consultation with pertinent government agencies and key stakeholders of the TDA; and,

(ii) Allocation criteria and the expense outlays for which the Trust Fund may be appropriately used.

In such deliberations, the views of the pertinent CSOs shall be taken into consideration.

RULE 4

Appropriations

SECTION 1. Appropriations. —

The Secretaries of Tourism, and, Environment and Natural Resources shall immediately include in the DOT and DENR's programs the implementation of Republic Act No. 10409, the funding of which shall be included in the Annual General Appropriations Act.

RULE 5

Final Provisions

SECTION 1. Separability Clause. — Should any provision herein be subsequently declared unconstitutional, the same shall not affect the validity or the legality of the other provisions.

SECTION 2. Effectivity Clause. — These Rules shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a national newspaper of general circulation.

SECTION 3. Filing with the UP Law Center. — In addition to publication in a newspaper of general circulation, three certified copies of these Rules shall be filed with the University of the Philippines Law Center.

Signed this ______ day of __________ 2015, Manila, Philippines.

(SGD.) RAMON R. JIMENEZ, JR.Secretary

(SGD.) RAMON J.P. PAJESecretary