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JUl. -4 I’ .! . ’.’ 
FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
Senate Bill No. 1 071 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Agusan Marsh Wildlife Sanctuary in Agusan Del 
The Agusan Marsh Wildlife Sanctuary, with a total area of 40,868 hectares, is 
the biggest marsh land in the Philippines. A refuge of migrant birds from Northern Asia 
during winter season, the Agusan Marsh Wildlife Sanctuary also provides an abode for 
the threatened populations of crocodile species namely the Philippine crocodile and 
the Philippine Saltwater crocodile. Also found in the area are no less than 31 species 
of flowering plants, 127 species of birds, 41 species of reptiles, 10 species of 
mammals, 14 amphibians, 16 freshwater fish species belonging to 10 families and 65 
species of butterflies, of which 3 are relatively rare. The Agusan River, which runs 
through the marsh, is the third longest river in the Philippines. The marsh is also 
called home by indigenous people, the Manobos, who live deep inside the marsh in 
floating houses. 
Sur as a protected area. 
Recognizing the value of the area, it was proclaimed as the Agusan Marsh 
Wildlife Sanctuary by virtue of Presidential Proclamation No. 913 on October 31 1996. 
This bill, therefore, seeks to declare the Agusan Marsh Wildlife Sanctuary as a 
protected area in order to protect it from indiscriminate exploitation and to be able to 
maintain its ecological balance. 
Given the importance of biodiversity, it is deemed crucial that we act on this 
now to ensure that our children and the succeeding generations will inherit a living 
earth with all of its bountiful natural resources and vibrant wildlife. 
In view of the foregoing, the passage of this measure is earnestly urged. 
SEN fMRJb 
TO COMP $ 
NERA PIA S. CAYETANO 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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Introduced by Senator Pia S. Cayetano 
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AN ACT 
ESTABLISHING THE AGUSAN MARSH WITHIN THE MUNICIPALITIES OF SAN 
FRANCISCO, BUNAWAN, VERUELA, LORETO AND LAPAZ IN THE PROVINCE 
OF AGUSAN DEL SUR AS A WILDLIFE SANCTUARY PROVIDING FOR ITS 
MANAGEMENT AND FOR OTHER PURPOSES PURSUANT TO R.A. 7586 
Be it enacted by the Senate and House of Representatives of the Philippines in 
SECTION 1. 
Congress assembled: 
Tifle. - This Act shall be known as the "Agusan Marsh Wildlife Sanctuary 
SEC. 2. Land Classification. - All lands of the public domain comprising the Agusan 
Marsh Wildlife Sanctuary shall fall under the classification of National Park as provided for in 
the Philippine Constitution. 
Act of 2007". 
SEC. 3. Scope and Coverage. - The Agusan Marsh Wildlife Sanctuary located in the 
Municipalities of Talacogon, San Francisco, Rosario, Bunawan, Loreto and Lapaz, all in the 
Province of Agusan del Sur and covers a total area of forty thousand eight hundred sixty- 
eight (40,868) 
hectares, more particularly described as follows: 
CORNER 
LONGITUDE 
LATITUDE 
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125"49'04.79 8" 23'42.52 
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125'48'12.00" 8" 
25'04.99 
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125"47'45.61" 8* 
25'27.43" 
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125"46'53.11" 8O 25'26.43" 
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125" 46'05.20" 8" 25'00.65 
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125" 44'49.47" 8"24'26.12" 
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125" 45'43.53" 8" 28'35.42" 
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125" 46'23.31" 8'28'24.47" 
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125" 46'35.47" 8" 27'47.25 
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125" 47'14.00" 8' 26'14.00" 
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125" 48'16.02" 8" 
26'04.35" 
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125" 48'35.62 8" 
25'20.29 
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125"52'15.30" 8" 27'07.15 
24 
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125' 52'12.24 8" 27'30.98" 


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125" 54'03.83" 
125" 48'12.00" 
125" 54'56.89" 
125" 55'32.73 
125" 55'42.83" 
125" 56'25.83" 
125" 56'45.39 
125" 55'52.45 
125" 55'06.62" 
125" 54'44.48 
125" 54'49.22" 
125" 56'56.36" 
125" 57'40.79" 
125" 57'16.33 
125" 56'36.83" 
125' 56'58.78" 
125" 58'33.34" 
125' 56'1 3.01" 
125" 55'27.53" 
125" 55'22.90" 
125" 55'25.98 
125" 54'59.50 
125" 55'05.08" 
125" 55'06.25" 
125" 56'42.60" 
125" 55'17.88" 
125" 55'20.34" 
125" 56'51.60 
125" 57'08.70 
125' 56'07.40" 
125" 55'40.71" 
125" 54'53.29 
125" 55'02.79" 
125" 54'59.01" 
125" 54'46.68" 
125" 54'45.83" 
125" 54'34.49" 
125" 54'26.59 
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8" 28'38.32" 
8" 29'04.84" 
8" 29'00.92" 
8" 28'18.88" 
8" 26'46.73" 
8" 26'49.89 
8 ' 25'42. I 
2" 
8'24'59.17" 
8" 24'26.48 
8" 2345.67" 
8O 23'37.35" 
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8" 22'04.75" 
8" 21'28.91" 
8" 21'19.18" 
8" 20'35.91" 
8" 16'13.41" 
8" 14'44.96 
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8" 12'55.75" 
8" 12'1 8.40" 
8" 12'11.61" 
8" 12'01.15 
8" 11'35.18" 
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8" 08'49.79 
8" 09'09.17" 
8" 09'1 1.63" 
8" 08'59.76" 
8" 08'33.42" 
8" 08'10.15" 


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125" 54'14.53 
125" 54'26.17" 
125'54'22.61" 
125" 54'1 8.04" 
125" 52'50.1 1" 
125" 53'1 0.52" 
125" 53'20.71" 
125" 531 1.80" 
125" 53'18.25 
125" 53'22.14" 
125" 53'34.51" 
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125' 53'39.04" 
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125" 52'04.64" 
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125" 51'17.87" 
125" 51'20.56" 
125" 51'04.98" 
125" 50'32.40" 
125"50'18.71" 
125" 50'19.09" 
125" 51'14.98" 
125" 52'17.17" 
125" 52'56.66" 
125" 53'53.33" 
125" 5352.01" 
125" 53'20.80 
125" 52'38.47" 
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8" 07'46.37" 
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8" 07'20.68 
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8" 08'48.88" 
8" 09'29.74 
8' 09'30.33 
8" 09'49.88" 
8" 10'14.43" 
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8" 10'54.15 
8" 10'27.71" 
8" 10'31.70" 
8" 10'38.02" 
8" 11'12.20 
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8' 11'16.37" 
8' 11'36.52 
8" 12'03.88 
8" 12'14.26" 
8" 12'46.53" 
8" 12'56.01" 
8" 1500.30" 
8" 15'03.84" 
8" 15'45.76" 
8" 16'1 1.78" 
8" 16'37.70" 
8" 16'59.06" 
8" 17'29.35 
8" 17'38.54" 
8'18'05.11" 
8" 18'46.58 
8" 1914.36 
8" 1913.76" 


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125" 51'29.53" 
8" 18'17.95 
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125" 50'55.06" 
8" 17'52.19 
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8" 19'13.68" 
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8" 20'26.87" 
The technical descriptions provided in this Act will be subject to ground survey and 
verification to be conducted by the Department of Environment and Natural Resources within 
ninety (90) days after the effectivity of this Act. Any modification of the coverage of this Act to 
due to factors such as changing ecological situations, new scientific or archaeological 
findings, or discovery of traditional boundaries shall be made through an act of Congress, 
after full consultation with the affected public and concerned government agencies. 
Considering the character of Agusan Marsh Wildlife Sanctuary as a catch basin, this 
section shall not preclude the Protected Area Management Board (PAMB), created in 
Section 6 herein, or the Department of Environment and Natural Resources (DENR) from 
taking appropriate action outside the Agusan Marsh Wildlife Sanctuary to prevent any 
adverse effects thereto such as, but not limited to, wastes from industries and run-offs from 
all areas that feed into the Agusan Marsh Wildlife Sanctuary. 
as follows: 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms are defined 
(a) "Ancestral domains/ancestral lands" refers to all areas generally belonging to 
indigenous cultural communities comprising lands, inland waters and natural resources 
therein, held under a claim of ownership, occupied or possessed by indigenous cultural 
communities, by themselves or through their ancestors, communally or individually since time 
immemorial, continuously to the present except when interrupted by war, force majeure or 
displacement by force, deceit, stealth or as a consequence of government projects or any 
other voluntary dealings entered into by government and private individuals or corporations, 
and which are necessary to ensure their economic, social and cultural welfare. It shall 
include ancestral lands, forests, pasture, residential, agricultural and other lands individually 
owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, 
worship areas, bodies of water, mineral and other natural resources, and lands which may no 
longer be exclusively occupied by indigenous cultural communities but from which they 
traditionally had access to for their subsistence and traditional activities, particularly the home 
ranges of indigenous cultural communities who are still nomadic and/or shifting cultivators. 
(b) "Biodiversity" refers to the variety and variability among all living organisms and the 
ecological complex in which they occur. 


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(c) “Biological resources” includes genetic resources, organisms or parts thereof, 
population, or any other biotic component of ecosystems with actual or potential use or value 
for humanity. 
(d) “Bioprospecting” means the research, collection and utilization of biological and 
genetic resources for purposes of applying the knowledge derived therefrom solely for 
commercial purposes. 
(e) “Buffer Zone” is the identified area outside the boundaries of and immediately 
adjacent to designated Agusan Marsh Wildlife Sanctuary that need special development 
control in order to avoid or minimize harm to the Agusan Marsh Wildlife Sanctuary. 
(f) “By-product or derivatives” means any part taken or substance extracted from wildlife, 
in raw or in processed form. This includes stuffed animals and herbarium specimens. 
or derivatives. 
(9) “Collection or collecting” is the act of gathering or harvesting wildlife, its by-products 
(h) “Conservation” means preservation and sustainable utilization of wildlife, and/or 
maintenance, restoration and enhancement of the habitat. 
(i) “Ecosystem” means the dynamic complex of plant, animal and micro-organism 
communities and their non-living environment interacting as a functional unit. 
(j) “Endangered species” refers to species or subspecies of flora and fauna that is not 
critically endangered but whose survival in the wild is unlikely if the causal factors continue 
operating. 
occurring and found only within specific areas in the country. 
naturally occur within the protected area at present or in historical time. 
(k) “Endemic species” means species or subspecies of flora and fauna which is naturally 
(I) “Exotic species” means species or subspecies of flora and fauna which do not 
(m) “Habitat” means a place or type of environment where a species or subspecies 
(n) “Hunting” refers to collection of wild fauna for food andlor recreational purposes with 
(0) “Indigenous cultural communities or Indigenous People (ICCsl IPS)” refers to a group 
of people or homogenous societies identified by self-ascription and ascription by others, who 
have continuously lived as organized community on communally bounded and defined 
territory, and who have, under claims of ownership since time immemorial, occupied, 
possessed and utilized such territories, sharing common bonds of language, customs, 
traditions and other distinctive cultural traits, or who have, through resistance to political, 
social and cultural inroads of colonization, non-indigenous religions and cultures, became 
historically differentiated from the majority of Filipinos. IPS shall likewise include peoples who 
are regarded as indigenous on account of their descent from the populations which inhabited 
the Country, at the time of conquest or colonization, or at the time of inroads of non- 
naturally occurs or has naturally established its population. 
the use of weapons such as guns, bow and arrow, spear and the like. 


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indigenous religions and cultures, or the establishment of present state boundaries, who 
retain some or all of their own social, economic, cultural and political institutions, but who 
may have been displaced from their traditional domains or who may have resettled outside 
their ancestral domains. 
(p) “Management plan” refers to the fundamental plan, strategy and/or scheme which 
shall guide all activities relating to the Agusan Marsh Wildlife Sanctuary in order to attain the 
objectives of this Act. 
(4) “Mineral” refers to all naturally occurring inorganic substance in solid, gas, liquid, or 
any intermediate state including energy materials such as coal, petroleum, natural gas, 
radioactive materials, and geothermal energy. 
(r) “Multiple- Use Zone” refers to an area where settlement, traditional and/or 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
income generating or livelihood activities, may be allowed to the extent prescribed in the 
IPAP/PAMP. 
(s) “National Integrated Protected Areas System” is the classification and administration 
of all designated protected areas to maintain essential ecological processes and life-support 
systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, 
and to maintain their natural conditions to the greatest extent possible. 
(t) “National Park” refers to the land of the public domain classified as such in the 1987 
Constitution which include all areas under the National Integrated Protected Areas System 
(NIPAS) pursuant to R.A. 7586 primarily designated for the conservation of native plants and 
animals, their associated habitats and cultural diversity. 
(u) “Nongovernmental organizations (NGOs)” refers to an agency, institution, foundation 
or a group of persons whose purpose is to assist peoples organizationslassociations in 
various ways including, but not limited to, organizing, education, training, research andlor 
resource accessing. 
(v) “People’s organizations (POs)” refers to a group organized migrant communities and 
or interested indigenous peoples which may be an association, cooperative, federation, 
aggrupation of individuals or groups with an identifiable structure of decision-making and 
accountability, established to undertake collective action to address community concerns and 
needs in relation to the Agusan Marsh Wildlife Sanctuary. 
(w) “Protected Area” refers to the identified portions of land and/or water set aside by 
reason of their unique physical and biological significance, managed to enhance biological 
diversity and protected against destructive human exploitation. 
(x) “Protected Area Management Board” refers to a multi-sectoral policy-making body for 
protected areas created in accordance with RA 7586 or the NIPAS Act of 1992. 
(y) “Quarrying” means the process of extracting, removing and disposing quarry 
resources found on or underneath the surface of private or public land. 
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(2) “Strict protection zone” is a natural area with high biodiversity value which shall be 
closed to all human activity except for scientific studies andlor ceremonial or religious use by 
the indigenous cultural communitieslindigenous peoples; may include habitats of threatened 
species, or degraded areas that have been designated for restoration and subsequent 
protection, even if these areas are still in various stages of regeneration. 
(aa) “Sustainable use” means the use of components of biological diversity in a way and 
rate that does not lead to the long-term decline of biological diversity, thereby maintaining its 
potential to meet the needs and aspirations of present and future generations. 
(bb) “Tenured Migrants” refers to forest occupants who have actually and continuously 
occupied a portion of the Agusan Marsh Wildlife Sanctuary and is solely dependent therein 
for subsistence. An Agusan Marsh Wildlife Sanctuary occupant is understood to be “solely 
dependent for subsistence” when everything indispensable for survival for the household, 
including food, clothing, shelter and health, comes only from the utilization of resources from 
the Agusan Marsh Wildlife Sanctuary. 
(cc) “Threatened Species” is a general term to denote species or subspecies of flora 
and fauna considered as critically endangered, endangered, vulnerable or other accepted 
categories of wildlife whose population is at risk of extinction. 
(dd) “Wildlife” means wild forms and varieties of flora and fauna, in all developmental 
stages, including those which are in captivity or are being bred or propagated. 
(ee) “Wildlife Sanctuary” comprises an area which assures the natural conditions 
necessary to protect nationally significant species, groups of species, biotic communities or 
physical features of the environment where these may require specific human manipulation 
for their perpetuation. 
SEC. 5. The Agusan Marsh Wildlife Sanctuary Management Board. - There is hereby 
created a PAMB which shall have jurisdiction, power and authority over the Agusan Marsh 
Wildlife Sanctuary for all matters that may affect biodiversity conservation, protection and 
sustainable development. It shall be composed of: 
(a) The Regional Executive Director (RED) of the DENR CARAGA-XIII as chairperson; 
(b) The Provincial Planning and Development Officer (PPDO) of Agusan del Sur; 
(c)The Mayors of Municipalities of Talacogon, San Francisco, Rosario, Bunawan, Loreto 
and Lapaz in the Province of Agusan del Sur, or their duly designated representatives; 
(d) One representative from each barangay covering the Agusan Marsh Wildlife 
Sanctuary; 
involved in the protected area or has long term projects or permanent facility located therein; 
comprising the selected by and among themselves according to customary rights; 
(e) One representative from each department or national government agency directly 
(f) One representative from each tribal community in each of the municipalities 
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(g)At least three (3) representatives from the local NGOs with stakes in the Agusan 
(h) At least two (2) representatives from local POs with stakes in the Agusan Marsh 
(9) One representatives from government agencies involved in the Agusan Marsh 
Each member of the PAMB shall serve for a term of five (5) years and shall be 
considered to represent his or her sector and deemed to carry the vote of such sector in all 
matters. In the case of members who are government officials, their appointment shall be co 
terminus with their term of office. 
The members of the PAMB shall be appointed by the Secretary of the DENR in 
conformity with the provisions of the NIPAS Act. 
As a transitory provision, the initial 
members of the PAMB shall be nominated from the current members of the interim PAMB of 
the Agusan Marsh Wildlife Sanctuary. Their nominations shall be conducted in a joint 
meeting of the current members of the interim PAMB duly called for the purpose: Provided, 
That the members shall include a number of women. 
Marsh Wildlife Sanctuary chosen from among themselves: and 
Wildlife Sanctuary chosen among themselves; and 
Wildlife Sanctuary. 
In the selection of representatives from POs and NGOs preference shall be accorded to 
those organizations that are involved in the conservation, protection and development of the 
Agusan Marsh Wildlife Sanctuary. Representation shall be by institution shall aim to achieve 
in representation by geographic location or areas. The representatives from the local 
government units (LGUs) and national agencies in the PAMB shall include among their duty 
the appraisal of their respective constituents, office or sector of PAMB approved or other 
relevant policies, rules, regulations, programs and projects and ensuring that the provisions 
of this Act are observed, complied with, and used as reference and framework in their 
respective plans, policies, programs and projects. Failure to comply with the foregoing shall 
subject such representative to disciplinary action as the PAMB may provide. 
The members of the Board shall not receive any salary but shall be entitled to 
reimbursements for actual and necessary expenses incurred, either in their attendance in 
meetings of the Board or in connection with other official business authorized by a resolution 
of the Board, subject to existing rules and regulations. 
SEC. 6. Powers and Functions oftbe PAMB. -The PAMB of the Agusan Marsh Wildlife 
Sanctuary shall have the following powers and functions in addition to those provided under 
RA 7586 orthe NIPAS Act of 1992 and its implementing rules and regulations: 
(a) Issue rules and regulations to prohibit acts that may be prejudicial to the Agusan 
(b) Issue rules and regulations for the resolution of conflicts through appropriate and 
Marsh Wildlife Sanctuary and to the declaration of policy set forth under the NIPAS; 
effective means: 
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(c) Adopt rules and procedures in the conduct of business, including the creation of 
(d) Approve management plans and oversee the Office of PASu; 
(e) Establish criteria and set fees for the issuance of permits for the activities regulated 
(f) Recommend the deputization of appropriate individuals for the enforcement of the 
laws, rules and regulations governing the conduct or management of the Agusan Marsh 
Wildlife Sanctuary; 
committees to which its powers may be delegated; 
by this Act, or the management plan; 
(9) Approve fees and charges in accordance with DAO 51, Series of 2000 and raise 
(h) Manage the allocation of the Agusan Marsh Wildlife Sanctuary Fund, and other funds 
for the Agusan Marsh Wildlife Sanctuary, ensure their proper administration and render 
accounting; and 
funds for the Agusan Marsh Wildlife Sanctuary: 
(i) Recommend appropriate policy changes to the DENR and other government 
The DENR, through the Regional Executive Director (RED), shall ensure that the PAMB 
acts within the scope of its powers and functions. In case of conflict between administrative 
orders issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the 
PAMB, such conflict shall be referred by PAMB to the DENR Secretary who shall decide 
whether to apply the rule or withdraw its application from the Agusan Marsh Wildlife 
Sanctuary. 
SEC. 7. Protected Area Superintendent (PASu) Office. - The Protected Area 
Superintendent (PASu) Office is hereby created within the DENR regional office to be 
headed by the PASu who shall serve as the chief operating DENR officer of the entire 
Agusan Marsh Wildlife Sanctuary. The PASu shall report directly to the RED of the DENR- 
Region CARAGA Xlll and shall be accountable to the PAMB. The PASu and the PASu staff 
shall reside within the Agusan- Marsh Wildlife Sanctuary and establish an office and sub- 
offices within the Agusan Marsh Wildlife Sanctuary in order to implement this Act. 
The PASu shall have full responsibility for the protection of land, water, wildlife and 
other natural physical and biological resources within the Agusan Marsh Wildlife Sanctuary. 
As such, the PASu shall have the following duties and responsibilities in addition to those 
provided under existing laws and regulations: 
(a) Establish, operate and maintain a database management system as decision 
(b) Prepare the management plans as herein defined; 
(c) Provide a secretariat for the PAMB and supply the PAMB with all the information 
authorities. 
support tool; 
necessary to make appropriate decisions for the implementation of this Act; 


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(d) Enforce the laws, rules and regulations relevant to the Agusan Marsh Wildlife 
Sanctuary, institute and file legal action independently or in collaboration with other 
government agencies or organizations and assist in the prosecution of offenses committed in 
violation of this Act; 
(e) Monitor all activities within the Agusan Marsh Wildlife Sanctuary to ensure its 
conformity with the management plan; 
(f) Recommend the issuance of permits based on terms, conditions and criteria 
established by the PAMB; and 
(g) Perform such other functions as the PAMB may assign. 
The PASu shall be supported by sufficient number of personnel who shall be performing 
day to day management, protection and administration of the Agusan Marsh Wildlife 
Sanctuary. Upon the recommendation of the PAMB, the DENR Regional Director shall 
deputize local community leaders and environment and natural resource officers. 
SEC. 8. Agusan Marsh Wildlife Sanctuary Fund. - There is hereby established a trust 
fund to be known as the Agusan Marsh Wildlife Sanctuary Fund for purposes of financing 
projects of the Agusan Marsh Wildlife Sanctuary. Seventy-five percent (75%) of the income 
generated from the operation of the Sanctuary and/or management of wild flora and fauna in 
the Sanctuary shall accrue to the Fund. The remaining twenty-five percent (25%) shall go to 
the Integrated Protected Areas Fund (IPAF) as established in the NlPAS Act of 1992. 
Income shall be derived from visitor/tourist fees, fees from permitted sale and export of 
flora and fauna and other resources from the Agusan Marsh Wildlife Sanctuary, proceeds 
from registration and lease of multiple-use areas, including tourism concessions, 
contributions from industries and facilities directly benefiting from the Sanctuary; and such 
other fees and income derived from the operation of the Sanctuary. 
The Agusan Marsh Wildlife Sanctuary Fund may be augmented by grants, donations, 
endowment from various sources, domestic or foreign, for purposes related to their functions: 
Provided, That disbursements therefrom shall be made solely for the protection, 
maintenance, administration and management of the system, and duly approved projects 
endorsed by the PAMB in accordance with existing accounting and budgeting rules and 
regulations: Provided, further, That the Fund shall not be used to cover personal services 
expenditures. 
The LGUs shall continue to impose and collect all other fees not enumerated herein 
which they have traditionally collected, such as business permits, and rentals of LGUs' 
facilities. Provided, that the LGUs shall not impose property tax and issue tax declaration for 
areas or properties located in Timberland areas or areas previously classified as National 
Parks. Provided, That such add-ons shall be determined based on the contribution of the 
LGUs in the maintenance and protection of the Agusan Marsh Wildlife Sanctuary. 
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SEC. 9. lndigenous People’s Rights. - Ancestral domain and other customary rights 
and interests of indigenous communities within the Agusan Marsh Wildlife Sanctuary shall be 
accorded due recognition. The preservation of ancestral domain and customary rights shall 
be considered as one of the management objectives. The maintenance, management and 
development of ancestral domains which are found to be necessary for protected areas will 
be pursuant to Section 58 of Republic Act No. 8371, otherwise known as the “The Indigenous 
Peoples Rights Act of 1997 (IPRA)”. 
The identification, delineation and recognition of ancestral domain claims within the 
Agusan Marsh Wildlife Sanctuary shall be conducted by the National Commission on 
Indigenous Peoples (NCIP) pursuant to its provisions, the IPRA, and its implementing rules 
and regulations, in coordination with the PAMB. 
SEC. 10. Utilization of Resources. - Any exploitation of or utilization of nonrenewable 
resources within the Agusan Marsh Wildlife Sanctuary shall not be allowed. Energy projects 
within the Agusan Marsh Wildlife Sanctuary shall be allowed only through an act of Congress 
except energy from wind, sun, and water sources and not more than one (1) megawatt 
capacity for mini-hydro power: Provided, that these renewable energy projects are 
established outside the strict protection zone, adopt reduced impact technologies, and 
undergo the Environmental Impact Assessment (EIA) system as provided by law and: 
Provided, Further, that the PAMB endorsement has been obtained. 
SEC. 11. Tenured Migrants and Other Agusan Marsh Wildlife Sanctuary Occupanfs- 
Tenured migrants shall be eligible to become stewards of portions of lands within allowable 
zones. 
The PAMB shall identify, verify and review all tenurial instruments, land claims and 
issuances of permits for resource use within the Agusan Marsh Wildlife Sanctuary and 
recommend the issuance of the appropriate tenurial instrument consistent with the zoning 
provided in the management plan and its successor plans. 
Should areas occupied by tenured migrants be designated as zones in which no 
occupation or other activities are allowed pursuant to the attainment of sustainable 
development, provision for their transfer of said tenured migrants to multiple use zones or 
buffer zones shall be accomplished through just and humane means. 
In the event of termination of a tenurial instrument for cause or by voluntary surrender of 
rights, the PASu shall take immediate steps to rehabilitate the area in order to return it to its 
natural state prior to the cultivation or other act by the tenured migrant. 
Other Agusan Marsh Wildlife Sanctuary occupants who do not qualify as tenured 
migrants shall be resettled outside the Agusan Marsh Wildlife Sanctuary as determined by 
the PAMB. The PAMB shall determine, plan and implement a definite schedule for resettling 
them outside of the Agusan Marsh Wildlife Sanctuary following the procedures set forth by 
existing law. 


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SEC. 12. Existing Facilities Within the Agusan Marsh Wildlife Sanctuay. -Within sixty 
(60) days from the effectivity of this Act, existing facilities such as roads, buildings, water 
systems, transmission lines, communication facilities, heavy equipments, and irrigation 
facilities existing within the boundaries of the Agusan Marsh Wildlife Sanctuary shall submit 
project description to the PAMB through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the existence of 
such facility and its future plan and operations will be detrimental to the Agusan Marsh 
Wildlife Sanctuary or whether conditions for its operation shall be imposed. If any such 
conditions are violated, the owner of the facility shall be liable to pay a fine of Five thousand 
pesos (P5,OOO.OO) for every violation. Upon reaching a total fine of Five hundred thousand 
pesos (P500,000.00), the PAMB through the PASu and deputizing other government entities, 
shall cause the cessation and demolition of the facility at the cost of its owner. 
Existing facilities allowed to remain within the Agusan Marsh Wildlife Sanctuary may be 
charged a reasonable royalty by the PAMB. All income from such royalty shall accrue to the 
Agusan Marsh Wildlife Sanctuary Fund. 
SEC. 13. Prohibited Acts and Penalties. - The following shall be the prohibitions and 
penalties applicable to the Agusan Marsh Wildlife Sanctuary, in addition to the prohibited acts 
as provided in the NIPAS Act and its pertinent rules and regulations: 
(a) The penalties in Articles 309 and 310 of the Revised Penal Code, depending on the 
value of the resources involved in connection with the prohibited act, shall be imposed upon 
any person who: 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic plants, 
animals, flora or fauna, sand, rocks or by- products derived therefrom, within particularly 
identified regulated or prohibited areas zones in the Agusan Marsh Wildlife Sanctuary 
including private lands,. without the necessary permit, authorization or exemption. Provided, 
that hunting of animals shall be absolutely prohibited except for scientific research and/ or 
traditions of hunting by the IPS/ ICCs; 
(2) Cuts, gathers, removes or collects timber or any forest products, within particularly 
identified regulated or prohibited areas or zones in the Agusan Marsh Wildlife Sanctuary 
including private lands, without the necessary permit, authorization or exemption; 
(3) Possesses or transports, within or outside the Agusan Marsh Wildlife Sanctuary any 
timber, forest products, wild terrestrial or aquatic plants, animals, or by- product derived 
therefrom which is ascertained to have been taken from the Agusan Marsh Wildlife 
Sanctuary; 
Sanctuary; 
Agusan Marsh Wildlife Sanctuary; or 
(4) Undertakes mineral exploration or extraction within the Agusan Marsh Wildlife 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material within the 


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(6) Hunts, collects, removes or destroys any endangered or protected species, except 
when collection or removal is for scientific research and exempted from the prohibition by the 
PAMB; 
(7) Conducts bioprospecting within the Agusan Marsh Wildlife Sanctuary without the 
(8) Establishes or introduces any exotic species, within the Agusan Marsh Wildlife 
Sanctuary, which are detrimental to endemic species and the ecosystem therein. 
(b) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than Five hundred 
thousand pesos (P500,OOO.OO) and/or imprisonment from one (1) year but not more than six 
(6) shall be imposed upon any person who: 
(1) Violates any rules and regulations in the management plan or by the PAMB or 
agreements reached before the PAMB in the exercise of adjudicative functions; 
(2) Erects any structure on land or on water for any purposes outside the management 
plan, duly allowed by the PAMB: Provided, That large-scale private infrastructure and other 
projects such as medium to high density residential subdivisions, medium to large 
commercial and industrial establishments, golf-courses, heavily mechanized commercial and 
non-traditional farming, and other activities that cause increased in-migration, pollution and 
resource degradation are absolutely prohibited; 
necessary permit: or 
(3) 
Possesses a chainsaw, hacksaw and other mechanized equipment within the 
without a Agusan Marsh Wildlife Sanctuary permit; 
any non-biodegradable material or waste whether liquid, solid or gas: 
(5) Uses, dumps, places or causes to be placed into the Agusan Marsh Wildlife 
Sanctuary toxic chemicals, including pesticides and other hazardous substances, unless the 
same is expressly allowed in the management plan; 
(6) Prospects, hunts or otherwise locate hidden treasures within the Agusan Marsh 
Wildlife Sanctuary: 
(7) Informally occupies or dwells in any land within the Agusan Marsh Wildlife 
Sanctuary without clearance from the PAMB; 
(8) Possesses or uses blasting caps or explosives anywhere within the Agusan Marsh 
Wildlife Sanctuary: 
(9) Destroys, excavates, vandalizes or, in any manner, damages any natural formation 
on land, religious, spiritual, historical sites, artifacts and other objects of natural or scenic 
value; 
(4) Throws, dumps or causes to be dumped into the Agusan Marsh Wildlife Sanctuary 
(10) Alters, removes, or destroys any boundary markers; or 
(1 1) Engages in kaingin, or, in any manner, causing forest fires inside the Agusan Marsh 
Wildlife Sanctuary. 
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Valuation of the damage for this Act shall take into account biodiversity and 


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conservation considerations as well as aesthetic and scenic value. Valuation assessed by the 
DENR or the concerned government agency shall be presumed correct unless othemise 
proven by preponderant evidence. 
Any person who shall induce another or conspire to commit any of the illegal acts 
prohibited in this Act or suffer their workers to commit any of the same shall be liable in the 
same manner as the one actually performing the act. 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools and 
similar devices shall be subject to immediate and administrative confiscation, independent of 
the judicial proceedings by the PASu Office upon apprehension, subject however to due 
process and substantial evidence requirements. When legal action is however filed in the 
regular courts, the said conveyances, vessels, equipments, paraphernalia, implements, 
gears, tools and similar devices, independent of the administrative proceedings, shall not be 
released until after judgment has been rendered. Proceeds of the sale of all objects 
administratively or judicially confiscated pursuant hereto shall accrue to the Agusan Marsh 
Wildlife Sanctuary Fund. Procedure for the sale thereof shall be promulgated by the PAMB. 
However, in no case shall any confiscated or rescued protected animal species be sold or in 
any manner disposed of but shall be immediately turned over to the PASu Office for release 
in its natural habitat, subject to existing regulations. However, in no case shall any 
confiscated or rescued protected animal species be sold or in any manner disposed of but 
shall be immediately turned over to the PASU Office for release in its natural habitat, subject 
to existing regulations. 
The penalties specified in this Section will be in addition to the penalties contained in RA 
9072 (National Caves and Cave Resources Management and Protection Act), RA 9147 
(Wildlife Resources Conservation and Protection Act), and other related laws. 
carry the accessory penalty of perpetual disqualification from public office. 
Conviction for any offense under this Act, of a public officer or officer of the law shall 
SEC. 14. Special Prosecutor and Retained Counsel. - Within thirty (30) days from the 
effectivity of this Act, the Department of Justice (DOJ) shall appoint a special prosecutor to 
whom all cases of violation of laws, rules and regulations in the Agusan Marsh Wildlife 
Sanctuary shall be assigned. Such Special Prosecutor shall coordinate with the PAMB and 
the PASu in the performance of hislher duties and assist in the training of wardens and 
rangers in arrest and criminal procedures. The PAMB may retain the services of a counsel to 
prosecute and/or assist in the prosecution of cases under the direct control and supervision 
of the regular or special prosecutor and to defend the members of the PAMB, the PASu and 
the staff, or any person assisting in the protection, conservation and sustainable 
development of the Agusan Marsh Wildlife Sanctuary, against any legal action related to their 
powers, functions and responsibilities as provided in this Act or as delegated or tasked by the 
PAMB. 


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SEC. 15 . Transitory Provision- In order to ensure the recovery and restoration of 
biological diversity and to develop sustainable livelihood opportunities for tenured migrants, 
the DENR shall henceforth cease to issue concessions, licenses, permits, clearances, 
compliance documents or any other instrument that allows exploitation and utilization of 
resources within the Agusan Marsh Wildlife Sanctuary until the management plan shall have 
been put into effect. 
All existing land use and resource use permits within the Agusan Marsh Wildlife 
Sanctuary shall be reviewed and shall not be reviewed upon their expiration unless 
consistent with the management plan and approved by the PAMB. 
SEC. 16. Reporting Responsibility. - The PASu, through the PAMB, shall submit an 
annual accomplishment report to the Secretary of the DENR on the activities undertaken in 
the Agusan Marsh Wildlife Sanctuary. 
SEC. 17. Appropriations. - The Secretary shall immediately include in the DENR's 
program the implementation of this Act, the funding of which shall be included in the annual 
General Appropriations Act. 
SEC. 18. Construction and Suppletory Application of Existing Laws. The provisions of 
this Act shall be construed liberally in favor of achieving biodiversity conservation, protection 
and sustainable development Provisions of Republic Act No. 7586, otherwise known as the 
National Integrated Protected Areas Management Act of 1992 and existing forestry laws, and 
their corresponding rules and regulations not inconsistent hereto shall have the suppletory 
effect in the implementation of this Act. 
SEC. 19. Repealing Clause. -All laws, decrees, proclamations, rules and regulations 
SEC. 20. Separability Clause. - If, for any reason, any part or section of this Act is 
declared unconstitutional or invalid, such other parts not affected thereby shall remain in full 
force and effect. 
inconsistent with this Act are hereby repealed or modified accordingly. 
SEC. 21. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in a national newspaper of general circulation available 
in the Agusan Marsh Wildlife Sanctuary. 
Approved, 
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