Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Seventeenth Congress
First Regular Session

q
HOUSE BILL NO. P7289

Introduced By Honorable Isidro S. Rodriguez, Jr.

EXPLANATORY NOTE.

This bill seeks to establish Pamitinan Cave in the Municipality of
Rodriguez, Province of Rizal, as a Protected Area under the category of
Protected Landscape.

This area is a part of the 600 hectares Pamitinan Protected
Landscape declared under Proclamation No. 901 issued by President
Fidel V. Ramos on October 10, 1996.

The coverage of the Pamitinan Cave as a Protected Landscape is
consistent with the declared policy of the State to ensure the
protection and conservation of the historical, cultural, archeological
and ecological significance of the cave.

Historically, it was in this cave where our national hero, Andres
Bonifacio, with seven (7) Katipuneros on April 12, 1895 declared
independence from the Spanish Colonial Rule, and this declaration was


considered as the first cry for independence. This cave up to now bears
the inscription “VIVA LA INDEPENCIA FILIPINAS” by Gat Bonifacio.

Further this bill is intended to preserve and develop the area for
eco-tourism purposes, and to protect the biologically important area
as habitat for rare and endangered species of plants, animals,
biological zone and related ecosystems, whether marine, terrestrial or
wetland.

In view whereof, approval of this bill is earnestly sought.

SL Conc / .


Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metto-Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO, 2789

Introduced by the Honorable

idro S. Rodriguez, Jr.

AN ACT.
DECLARING PAMITINAN CAVE IN THE MUNICIPALITY OF RODRIGUEZ, PROVINCE
OF RIZAL AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED
LANDSCAPE PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOS!

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

‘This Act shall be known as the “Pamitinan Protected Landscape (PPL) Act

SEC. 2. Declaration of Policy. — The historical, cultural, archeological and ecological
significance of the Pamitinan Cave behooves the Sate to undertake steps for their protection and

preservation,

Itis therefore the declared policy of the State to ensure its protection and conservation as
part of the country’s natural wealth, In so doing, the State shall ensure the — full

implementation of this

Act, the mobilization of resources for the tutional mechanisms herein established, and the
full scientific and technical support needed for the conservation of biodiversity and its surroundings

and other cave ecosystems,

SEC. 3. Scope and Coverage. The boundaries of the Pamitinan Protected Landscape (PPL)

within the Municipality of Rodriguez in the Province of Rizal, are as follows:


I TECHNICAL DESCRIPTION

Beginning at a point marked “1” on the Map with geographical coordinates 121°10*4S.75"

3 longitude and 14°43"18,67" latitude:

4 ‘Thence Due North at 3,000 meters to Point 2,

‘Thence Due East at 2,000 meters to Point 3,

6 Thence Due South at 3,000 meters to Point 4,

7 Thence Due West at 2,000 meters to Point 1; the'point of beginning, containing an

8 area of six hundred (600) hectares,

9 The Department of Environment and Natural Resources (DENR) shall appropriately

1 -mark on the ground the technical descriptions provided in this Act with clearly visible

“markers: and

hall prepare spptoBtidie™inajs therefor, Any modification of the coverage of

2

this Act due to such factors as changing ecological situations, new scientific or archeological

13. findings. or discovery of traditional boundaries not previously taken into account shall be
14 made through an Act of Congress, after consultation with the affected public and concemed

15 government agencies,

16 SEC. 4. Land Classification. ~ All lands comprising the Pamitinan Protected

17 Landscape (PPL) shall fall under the classification of National Park as provided for in the
18 Philippine Constitution,

9

5. Buffer Zones, --Buffer zones surrounding the PPL shall be established

20 pursuant to the NIPAS Act for the purpose of providing an

tra layer of protection around

21 the area. where restrictions can apply and communities can assist in repealing threats to the
22 PPL. Such buffer zones shall be managed according to the management plan formulated

23° pursuant to this Act



6. Definition of Terms. ~ For purposes of this Act, the following terms are

defined as follows:

(a)

(by

(d)

)

“Biodiversity” refers to variety and variability among living organisms and the

ecological complexes in which said organisms occur.

“Biological Resources’

include genetic resource

» Organisms oF parts thereof,
population, or any other biotic component of ecosystems with actual or

poteintial use or value for humanity,

“Bioprospecting” means the research. collection and utilization of biological

and genetic resources for purposes of applying the knowledge derived

therefrom solely for commercial purposes.

uffer Zones” refer to identified areas outside the boundaries of and
immediately adjacent to designated protected areas that’ need special
development control in order to avoid or minimize harm to the protected area

“By-produets or Derivatives” mean any part taken or substance.extrated from
wildlife, in raw or in processed form. This includes stuffed animals and

herbarium specimens,

“Collection or collecting” refers to the act of gathering or harvesting wildli

its by-products or derivatives.

“Conservation” means sustainable utilization of wildlife, and/or maintenance,

restoration and enhancement of the habitat.
“Evosystem™ means the dynamic complex of plant, animal and micro:

organism communities and their non-living environment interacting. as a

functional unit,



6

9

10

18

20

(i) “Endangered Species” refer to speci

or subspecies that are not critically

endangered but whose survival in the wild is unlikely if the causal factor

continue operating

@ demic Species” refer to species or subspecies of flora and fauna which are
naturally occurring and found only within specific areas in the country.

(k) “Exotic Species” refer to species or subspecies of flora and fauna which do not
haturally occur within the protected arca at present or in historical time,

(1) “Habitat” means a place or type of environment where species or subspecies

naturally occurs or has naturally established its, population.

(im) “Hunting” refers to coll

tion of wild fauna for food and/or recreational

Purposes with the use of weapons such as guns. bow and arrow, spear and the

like.
(s)__ “Management Board” refers to the Management Board of the PPL.

(0) “Management Plan” refers to the fundamental plan. strategy and/or scheme

which Shall guide “all “activities relating to the PPL in order to attain the

objectives of this Act.

(p)_ “PPL® refers to the Pamitinan Protected Landscape.

(q) “PPL Funi

refers to the revolving fund to be established for the purpose of

financing projecss.in the PPL.

(0) “Mineral” refers to all naturally oceurr

gt Inorganic substance in solid, gas;

liquid, or any intermediate state inctuding energy materials such as coal,
petroleum, natural gas, radioactive materials, and geothermal energy

(8) “National Integrated. Protected Areas System (NIPAS)" refers to the

jassification and administration of all designated protected areas to maintain

a


20

21

22

23

24

(

(y)

ov)

essential ecol

ical 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.

“NIPAS Act” refei

to the National Integrated Protected Areas System Act
(NIPAS) of 1992 or Republic Act No, 7586, and its Implementing Rules and
P D 8

Regulations, .

“National Park” refers to the land of the public domain classified as such in

the 1987 Constitution which includes all areas under the National Integrated

Protected Areas System (NIPAS) pursuant to Republic Act No, 7586 primaeily
designated for the conservation of native plants and animals, their associated
habitats and cultural diversity,

“Non-Governmental Organization (NGO) refers to an agency. institution,
foundation ora” group Gf persons whose purpose is to assist people's
organizations/associations in various ways including, but not limited to,
organizing, education, training, research and/or resource accessing,

“People’s Organization (PO)" refers to a group of organized migrant
communitics and/or interested indigenous peoples which may be an

association. cooperative, federation, or other

legal entity, established to

undertake collective action to address community concerns and needs, and

mutually share the benefits of the endeavor,

“Protected Area” refers to identified portions of land and/or water set asic

y
reasons of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human

exploitation,



6

a

22

2x

24

(y} “Protected Area Management Board (PAMB)” refers to a multi-sectoral

policy-mak

gated in.accordance with Republic Act No. 7586 or the
NIPAS Act of 1992
(2) “Protected Area Superintendent (PASu)” refers to the chief operating DENR

officer of the PPL.

(aa) _ “Protected Landscape” refers to an area of national significance, which is

characterized by the harmonious interaetion of man and land while providing
opportunities for public enjoyment through recreation and tourism within the

normal lifestyle and economic activity of the area

(bb) “Quarrying™ means the process of extracting, removing and disposing quarry

resources found on or underneath the surface of private or public land.

trict Protection Zone” refers to a natural area with high biodiversity value
which shall be closed to all human activity except for scientific studies and/or
ceremonial or religious use. by the indigenous cultural
communitiesfindigenous 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.

(dd) “Tenured Migrants” refer to forest occupants who have actually and

Continuously occupied a portion of the protected area for at least 5 years,(add)

and are solely dependent therein for subsistene

. as of the passage of this Act,

‘A protected area occupant is und

stood to be “solely dependent for

subsistence” when everything indispensable for

survival for the household,
including Tood, clothing, shelter and health, comes only from the utilization of

resources from the protected area,



(ee) “Wildlife” means wild forms and varieties of flora. and

na, in all

developmental stages,

including those which are

n captivity or are being bred

3 or propagated,
4 SEC. 7. Management Plan, ~ There shall be a Management Plan promulgated for the
5

PPL, that shall serve as the basic long-term framework plan in the management of the

6 protected area and guide in the preparation of its annual operations plan and budget.

7 Within one (1) year from the effectivity of this Act, the Management Plan shall have
8 been put into effect following the general management planning strategy provided for under
9

the NIPAS Act and according to the procedure herein set forth, It shall contain, among

10. others. the following:

n a) The category of the protected area;

12 (b) Period of applicability of the plan:

13 (c) Key management issues; a

4 (d) Goals and objectives of management in support of Section 2 hereof :
15 (e) Site management strategy;

16 () Major management activities, such as, but not limited to enforcement of Jaws.
7 bina ard Wildlife" meniagenient, “Sustainlslet us management, infrastructure
18 development and maintenance, and fire and pest control:

19 (g) Zoning; and

20 (0) Visitor management programs.

‘The Management Plan“shall be” prepared by the Protected Area Superintendent

(PASu) in coordination with the appropriate offices of the department, local communities and
the NGOs. It shall be reviewed and approved by the PAMB and certified by the Secretary of

24 the Department. Such ¢

ification shall be mandatory to ensure that the plan conforms to ail


| Iaws and the applicable rules and regulations issued by the Department: Provided. however

2° That the Secretary may revise and modify the protection and conservation plan, after

3 consultation with the PAMB, prior to centfication to ensure conformity with applicable laws,

4 rules and regulations,

5 A year before the expiration of the period of the applicability of the plan in effect, the

5 PASu shall cause publication of notices for comments and suggestions on the successor plan

7 in a newspaper of general circulation in the concerned municipalities, Notices shall also be

§ posted in the respective provincial and municipal halls of the concerned provinces and

9 municipalities as well as in the barangay halls bounding ot immediately adjacent to the

(0 =protected landscape. ‘The proposed plan.shall be made available to the public during the

1 period for comment and a final plan shall likewise be made available for public perusal at the

12 office of the PASu upon the approval of the PAMB: Provided, That the plans shall be plainly

13. written ina language understandable in the area,

SEC. 8. Management of the Pamitinun Protected Landscape (PPL). ~ ‘There is

hereby created a PAMB which shall have jurisdiction, power and authority over the PPL for

$6 all matters that may affect biodiversity conservation, protection and sustainable development.

'7 tt shall be composed of:

18 (1) The Regional Executive Director (RED) of DENR Region 1V-A as chairperson:

{9 (2) The Provincial Planning and Development Coordinator (PPDC) of the Province of | 4
20 Rizal; ~

al (3) The Municipal Mayor of Rodriguez in the Province of Rizal, or its duly

22 designated representative:

23 (#) The Barangay Chairman of San Rafael, Rodriguez, Rizal, or its duly designated

24

representative;



(5) One (1) representative from each department or national government agency

2 directly involved in the PPL or has long term projects or permanent facility
3 located therein:

4 (6) At least thrée-(3) representatives from an accredited POs/NGOs operating in the
5 PPL, which has been existing for five (5) years with track records related to the
6 protection and management of the PPL:

7 Each member of the PAMB shall serve for a term of five (5) years and shall be

considered, ta 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:

10 terminus with their term of of

ei
‘The members of the PAMB shall be appointed by the Secretary of the DENR in
12° 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.
14 of the PPL; Provided, That the PAMB shall include women as members

‘The representatives from the Local Government Units (LGUs) and national agencies
in the PAMB shall inchide among their duties. the duty to inform their respective

17 constituents, offic

or st

‘or, of PAMB-approved or other relevant policies, rules
regulations, programs and projects. and to ensure that the provisions of this Act, the NIPAS
Act and its Implementing Rules and Regulations are observed, complied with, and used as

20 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
22 PAMB may provide.

23 ‘The members of the PAMB shall not receive any salary but shall be entitle:

to

24 reimburs

ements for actual and necessary expenses incurred, either in their attendance in



1 meetings of the PAMB or in connection with other official business authorized by a

2-- resolution ofthe PAMB, subject-to existing rules and regulations,

3

©. 9. Powers and Functions of the PAMB. ~ The PAMB of the Pamitinan

Protected Landscape (PPL'

Which shall decide by consensus or majority vote of the members

Sent constituting a quorum of majority of all the members, shall have the following

§ powers and functions in addition to those provided under Republic Act No. 7586 of the

7 NIPAS Act of 1992 and its implementing rules and regulations:

(1) Issue rules and regulations to prohibit acts that may be prejudicial to the PPL

9 and to the declaration of policy set forth under the NIPAS:

10 (2) Issue rules and regulations for the resolution of conflicts through appropriate

I] and effective means:

12 (G) Adopt rules and procedures in the conduct of business, including the creation”

13. of committees to which its powers may be delegated:

“4 (1) Approve the management plan and oversee the office of the PASu:

15 (S) Establish criteria and set fees for the issuance of permits for activities
16 regulated by this Act or the management plan;

W (6) Recommend the deputization of appropriate individuals for the enforcement af
18 the laws, rules and regulations governing the conduct or management of the PPL:

19 (7) Approve fees and charges in accordance with existing guidelines and raise
20 funds for the PPL;

21 (8) Manage the allocation of the Pamitinan Protected Landscape Fund, and other

Funds for the PPL. ensure their proper administration and render accounting; and

(9) Recommend appropriate policy changes 10 the DENR and other government

24 authorities.

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2)
4
5
6
i
8
9
10
"
12,
13

la

15

16

20

al

22

23

24

The [

NR, through the RED, shall ensure that the PAMB acts within the scope of its

Powers and functions. In case of a conflict between administrative orders of national

application issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the

PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply the

cule or withdraw its application in PPL,

SEC. 10. The Protected Area Superintendent (PASu) Office. ~ There is hereby

established a PASu Office within the DENR Reuional Office to be in charge of the

Management, protection and administration of the PPL. The PASu shall b

ipported by the

existing personnel of the DENR. The head of office shall be the chief operating officer of the
PPL and shall be directly accountable to the PAMB

The PASu shall have full responsibility for t

protection of land, water, wildlife and

~ “other natural physical and biological resources within the PPL. As such, the PASu shall have

the following duties and responsibilities in addition 1o those provided under the NIPAS and

its Implementing Rules and Regulations:

(1) Establish, operate and maintain a database management system as decision

support tool; _

(2) Prepare the management plans as herein defined;

(3) Provide a secretariat for the PAMB and supply the PAMB with all the.’

necessary information to make appropriate decisions lor the implementation of this Act:

(4) Enforce the laws, rules and regulations relevant to the PPL, 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:

(5) Monitor all activities within the PPL to ensure its conformity with the

management plans

aiff


1

(6) Recommend the issuance of perm

based on terms, conditions and criteria

established by the PAMB;

(1) Ensure the integration of the PPL management policies, regulations, programs

and projects at all the concerned national and Local Goverment Unit levels; and
(8) Perform such other functions as the PAMB may delegate.

‘The PAS shall"be supported ”

by sufficient number of personnel who shall be

performing day to day management, protection and administration of the PPL. Upon the
Fecommendation of the PAMB, the DENR Regional Executive Director shall deputize loca!

community leaders and environment and natural resource officers

REAL. Pilgrimage.

People-who enter the PPL for cultural and religious purpose

and other activities that have a benign impact on the sustainability and biodiversity of the

arta shall be regulated by the PAMB. For such purpose, the PAMB shall designate parts of

the PPL where cultural and religious activities are allowed under terms and conditions

pursuant to Section 7 of this Act.

SEC. 12. Pamitinan Protected Landscape Fund. ~ There is hereby established a

revolving fund to be known as the PPL Fund for purposes of financing projects in the PPL,

Income shall be derived fram fees from visitorsourists, fees from permitted sale and

export of flora and fauna and other resources from the PPL, proceeds from the registration

and lease of multiple-use areas, including tourism concessions, fees, proceeds, and

contributions from industries and facilities directly benefiting the PPL, and such other fees

and income derived from the operation of the PPL: Provided, That the seventy-five percent

(75%) shall be set aside and retained by the PAMB which shall appropriate the same

cxclusively for the management and operation of the PPL: Provided, further, ‘That the
‘

“2.


1 remaining twenty-five percent (25%) shall be remitted to the Central Integrated Protected

2 Areas Fund (IPAF).

3 ‘The PPL Fund may be augmented by grants, donations, endowment from various

Fmestic or for

ign, “for ptirposes related to. their functions: Provided, ‘That

5 disbursements therefrom shall be made solely for the protection, maintenance, administration

6 and management of the system, and duly approved projects endo

sed by the PAMB in

accordance with existing accounting and budgeting rules and regulations: Provided, further,

8 That the Fund shall not be used to cover personal services expenditures,

9 ‘The LGUs shall continue to impose and collect all other fees not enumerated herein
10 which they have traditionally collected, such as business permits and rentals of LGUs
11 facilities. Provided, that the LGUs shall

NOt impose property tax and issue new tax

12 declaration for areas covered by the PPL. Furthermore, LGUs may charge add-ons to fees

13. imposed by the PAMB provided that such add-ons

hall be based on the contribution of the

!4 LGUs in the maintenance and protection of the PPL

SEC. 13. Tenured Migrants and Other PPL Stakeholder

~ Tenured Migrants shall
be eligible to become stewards of portions of lands within allowable zones. The PAMB shall

17 identify, verify and review all tenurial instruments, land claims, and issuances of permits for

resource use within the PPL and recommend the issuance of the appropriate tenure

19 instrument consistent with the zoning provided in the Management Plan

20° Should areas accupied-by—Tenured Migrants be designated as zones in which no

21 occupation or other activities are allowed pursuant to the attainment of sustainable

development, provision for the transfer of said Tenured Mi

grants to multiple use zones or

23 buffer zone:

shall be accomplished through just and humane means.

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6

7

9

22

23

24

{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.

Within three (3) months from the passage of this Act, the PASu shall submit to the

PAMB the complete list of Tenured Migrants which list shall be final upon approval of the

PAMB.

SE

*. 14. Existing Facilities Within the PPL. ~ Within sixty (60) days from the
effectivity of this Act, existing facilities such as roads, buildings, water systems, transmission
Hines, communication facilities, heavy equipment, and irrigation facilities existing within the
boundaries of the PPL, shall submit project descriptions 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 PPL or whether

Conditions for its operation shall be imposed. If any such conditions are violated, the owner

of the facility shall be Table

"a fine of Five thousand pesos (P5,000. 00) for every

violation. Upon reaching a total fine of Five hunclred 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 PPL may be charged a reasonable
royally by the PAMB. All income from such royalty shall accrue to the PPL Fund.

SEC. 15, Renewable and Non-Renewable Resources. ~ Any exploration and
exploitation or utilization of nonrenewable resources including mining within the PPL. shall
not be allowed. Renewable energy projects within the PPL shall be permitted only through an
Act of Congress except energy from wind, sun and water sources and not more than three (3)

megawatt capacity for mini-hyclro power: Provided, ‘That these renewable energy proj

sare

“1d


2

6

7

16

7
18
19,
20
21
22

23

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 has endorsed the project

SEC. 16. Special Prosecutor and Retained Counsel, ~ Within thirty (30) days from

the effectivity of this Act, the Department of Justice (DO4) shall appoint a special prosecutor

1 whoin all cases of violation of laws, rules and regulations in the PPL shall be as igned.

_ Such Special Prosecutor shall coordinate with the PAMB and the PASu in the

performance of

hissher duties and assist in the training of wardens and rangers in arrest and criminal

edures, The PAMB may retain the services of counsel ta 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
asi

ing “tthe protection, conséFvation and sustainable development of the PPL. against any

legal action related to their powers. functions and responsibilities as provided in this Act or as

delegated or tasked by the PAMB.

8

17, Local Government Units. - The local government units (LGUs) within the
PPL. shall participate in its management through representation in the PAMB as provided

under Section 8 hereof. Said LGUs may appropriate portions of their share from the annual

internal revenue allotment and other income for use of the PPL: Provided, That all funds
‘irectly coming from the LGUs shall be exempted from the twenty-five percent (25%)

remittance requirement for the central Integrated Protected Area Fund (IPAP).

SEC. 18. Prohibited Acts and Penalties. ~ ‘The following shall be the prohibitions

, S
and penalties applicable to the PPL, in addition to the prohibited acts as provided’ in the

NIPAS Act and its Implementing Rules and Regulations: .



2

9

(A) The penalties and qualifi

Revised Penal Code, depending on the value of the resoure

prohibited

ations prescribed in Articles 309 and 310 of the

involved in connection with the

act or a fine of at least triple the value of the said resources or both shall be

imposed upon any person who:

a

Q)

(6)

Takes. destroys, collects, disturbs or possesses any wild terrestrial or aquatic

plants or animals, flora or fauna, sand, rocks or by-produets derived therefrom.

within particularly identified regulated or prohibited areas zones in the PPL

including private lands without the necessary permit, authorization or

exemption: Provided, That hunting of animals. shall be absolutely prohibited

except for scientific research;
Cuts, gathers, removes or collects timber or any forest products, within
particularly identified regulated or prohibited areas or zones in the PPI

including private lands without the necessary permit, authorization or

exemption;
Possesses ot transports, within or outside the PPL any timber, forest products,

wild terrestrial or aquatic plants, animals, ar by-products

derived therefrom
which is ascertained to have been taken from the PPL:

Undertakes mineral exploration or extraction within the PPL.

Engages in quarrying of sand, gravel, guano, limestone or any material within

the PPL:

Hunts, collects, removes or destroys any endange:

ed or protected species, except

when ‘colfection or removal

for scientific research and exempted from the

prohibition by the PAMB;

162


H () Conducts bioprospecting within the PPL. without prior PAMB. approval in

2 accordance with existing guidelines:

(8) Engages in kaingin, or, in any manner, causing forest fires inside the PPL: or

4 (9) Establishes or introduces any exotic species, within the PPL, which are

5 dletrimental to endemic species and the ecosystem therein.

6 (B) A fine of not tess than Five thousand pesos (P5.000.00) but not more than Five

7 hundred thousand pesos (P500,000.00) or imprisonment from one (1) year but not more

8 than six (6) years or both shall be imposed upon any person who:

9 (1) Violates any rules and regulations in the management plan or by the PAMB or
10 agreements reached before the PAMB in the exercise of adjudicative functions;
" (@) Brects any structure on land or on water for any purposes outside management
12 plan, duly allowed by the PAMB: Provided, That large-scale private
B infrastructure and other projects such as medium to high density residential
i“ Subdivisions, medium to large commercial ang! industrial establishments, heavily
15 mechanized commercial and non-traditional farming, and other activities that’
16 cause increased insmigration and resource degradation are absolutely prohibited;
7 (3) Possesses a chainsaw, hacksaw and other mechanized equipment within the PPL
18 without a permit

Throws, dumps or causes to be dumped into the PPL any non-biodegradable

material or waste Whether liquid, solid or gas;

(5) Uses, dumps, places or causes to be placed into the PPI. toxic chemicals and

non-biodegradable products, including pesticides and other hazardous

23

Substances, soaps and shampoos, and washing detergents, unless the same is

24 expressly allowed in the management plan;

“Ts


1 (6) Prospects. hunts or otherwise locates hidden treasures within.the PPL:

(7) Informally occupies or dwells in any land within the PPL without clearance

3 from the PAMB;

4 (8) Possesses or uses blasting caps or explosives anywhere within the PPL:

5 (9) Destroys, excavates, vandalizes or, in any manner, damages any natural
6 formation on land, religious, spiritual, historical sites, artifacts and other objects
7 of natural or scenic value;

8 (10) Alters, removes or destroys boundary marks or signs:

9 (11) Purchases, or sells, mortgages or leases lands ot other portions of the PPL which
10 are covered by any tenurial instrument.

Wl Valuation of the damage for this Act shall take into account biodiversity and
b

2 conservation considerations as well as aesthetic and scenic value. Valuation assessed by the

DENR or the concerned government agency shall be presumed correct unless otherwise

proven by preponderant evidence.

Any person who shall induce another oF 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

17 same manner as the one actually performing the act,

18 All conveyances, vessels, equipments, paraphernalia, implements, gears, tools and
19 similar devices shall be subject to immediate and administrative confiscation, independent of
20

the judicial proceedings by the PASu Office upon apprehension, subject however: to due

21 process ancl substantial evidence requirements, When legal action is however

filed in the
regular courts, the said conveyances, vessels, equipments, paraphernalia; implements, gears,

23 tools and similar devie

s, independent of the administrative proceedings, shall not be released

24 until afier judgment has been rendered, Pro

ds of the sale of all objects administratively or

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1 judicially confiscated pursuant hereto shall accrue to the PPL

und, Procedure for the sale

2 thereof shall be promulgated by the PAMB, However, in no case shall any confiscated or

3 rescued protected: animat: species-be sold’ or in any manner disposed of but shall be

4 immediately turned over to the PASu Office for release in its natural habitat, subject to

5 existing regulations

6 The penalties specified in this Section shall be in addition to the penalties contained in

Republic Act No. 9072 (National Cayes and Cave Resources Management and Protection

8

Aci), Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act), and

9 other related laws

Conviction for any offense under this Act of a public officer or officer of the law shall
11 carry the accessory penalty of perpetual disqualification from public office.

12 SEC. 19. Reporting Responsibility. ~ The PASu, through the PAMB, shall submit an
13. annual accomplishment report to the Secretary of the DENR on the activities undertaken in

14 the PPL.

SEC. 20. Appropriations. — The Secretary of the DENR shall immediately include in

16 the DENR’s program the implementation of this Act, the funding of which shall be included

17 in the annual General Appropriations Act.

18 SEC. 21, Construction and Suppletory Application of Existing Laws. — ‘The

19 provisions of this Act shall be construed liberally in favor of the protection and rehabilitation
20 of the PPL and the conservation and restoration of its biological diversity, taking into account
21 the needs and interests of qualified tenured migeants, for present and future Filipino

22 generations,

2B The NIPAS Act shall have suppletory effect in the implementation of this Act.

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SEC. 22. Transitory Provision. ~ In order to ensure the recovery and restoration of
biological diversity and to develop sustainable
Migrants, the DENR

livelihood opportunities for Tenured
shall henceforth cease to issue concessions, licenses, permits
clearance, compliance documents or any other instrument that allows exploitation and
uuliization of resources within the PPL until the Management Plan shall have been put into

effect,

All existing land use and resources use permits within PPL shall be reviewed and

shall not be renewed upon their expiration unless consistent with the Management Plan and
approved by the PAMB,

SEC. 23. Repeating Clause. For the purpose of this Act, the provisions of Republic
Act No, 7586 or the NIPAS Act are hereby modified in accordance with the herein provisions.
All other laws, rules and regulations inconsistent with this Act are hereby repealed or
modified accordingly. The prohibitions and penalties under Republic Act No. 7586 are hereby
superseded for the entire area covered by this Act. 4 :

SEC. 24. Separability Clause.—Ifany part of section of this Actis declared by the

courts as unconstitutional, such declaration shall not affect the other parts or sections hereof,

SEC. 25. Effectivity Clause.—This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general circulation,
Approved. *

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