HOUSE WF REPRESENTATIVES

Republic of the Philippins
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manil

Seventeenth Congress

First Regular Session tein loner

BILLS aNd aM

Zb6
HOUSE BILL NO.

Introduced By Congresswoman MARIA VIDA ESPINOSA BRAVO

EXPLANATORY NOTE

‘The Constitution provides that “the State shall protect the nation’s marine wealth in
its archipelagic waters, territorial seas and economic seas and economic zone and reserve
its enjoyment to the Filipino citizen. Pursuant to the constitutional mandate, Section 2 of
the Republic Act No. #7586, otherwise known as the National Integrated Protected Areas
System (NIPAS) Act provides further that it is the “policy of the State to secure for the
Filipino people of its present and future generations, the perpetual existence of all native
plants and animals through the establishment of a comprehensive system of integrated
protected areas within the classification of national park as provided for in the
Constitution.

Thus, it is incumbent upon Congress to declare the Sombrero Turtle and Sea Eagle
Island Sanctuary as a Protected Area and Critical Habitat in order to safeguard its
ecological significance and protect the diminishing pollution of the Hawksbill Turtles
(Erethmochelys Imbricate) and Green Sea Turtles (Chelonia Mydas). It is also the nesting
site of the Sea bird (White breasted Sea Eagle) including the terrestrial and marine
ecosystems and resources and its hosts, as well as provide for its regimented management.

The Bill intends to establish additional measures for the preservation and protection
of the Philippines biological diversity and promote ecological sustainable development. It
aims to expand the participation of the private sector in the conservation of the
environment by providing for incentives and a strong science-based framework which will
guide the programs and activities for the same.

In view of the foregoing, the immediate approval of this Bill is earnestly sought.

IA VIDA ESPINOSA BRAVO.
sentative
(1*) District of Masbate



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

Zb0b
HOUSE BILL NO

Introduced by Congresswoman MARIA VIDA ESPINOSA BRAVO

AN ACT
DECLARING THE SOMBRERO TURTLE AND SEA EAGLE ISLAND A
PROTECTED AREA UNDER THE CATEGORY OF WILDLDLIFE SANCTUARY
AND AN IMPORTANT CRITICAL HABITAT IN BICOL REGION, PROVIDING
FOR ITS MANAGEMENT AND APPROPRIATING FUNDS THEREFOR.

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

Chapter I
Article I. Preliminary Provisions

SECTION 1 Title---This Act shall be known and cited as the “Sombrero Turtle
and Sea Eagle Island Wildlife Sanctuary and Critical Habitat Act of 2016”

SECTION 2. Declaration of Policy.---It is hereby declared the policy of the State
to regulate the utilization of fishery and marine resources, aggregates, wild flora and fauna;
to protect and preserve the culture of the people, indigenous knowledge, artifacts and sites;
ensure the continuity of endangered, threatened and rare species. Towards these end, the
State shall conserve, preserve and protect the scenic, cultural, historical and archeological
features of the Sombrero Turtle and Sea Eagle Island including the diverse terrestrial and
marine ecosystems thereof for the benefit of its people and mankind.

SECTION 3. _ Definition of Terms

a.) Protected Area (PA), refers to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance the biological diversity and protected against
destructive human exploitation;

b.) Critical Habitat refers to areas outside of the PA where threatened
species are found;

c.) Buffer Zone (BZ), refers to identified area outside the boundaries of and
immediately adjacent to the designated Protected Area pursuant to



Section 8 of Republic Act #7586 or the NIPAS Act, that need special
development control in order or minimize harm to the Protected Area;

d.) Wildlife Sanctuary refers to an area that 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;

e.) Tenured Migrant Communities refers to various communities within the
Protected Area that have been actually and continuously occupying
certain areas therein for at least five (5) years before their designation as
Protected Areas are solely dependent therein for the subsistence;
National Integrated Protected Areas System (NIPAS) refers to 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;

g.) Protected Area Management Board (PAMB) refers to the management
board of the Sombrero Turtle IslandSanctuary;

h.) Alienable and Disposable Lands refers to those of public domain which
have been subject of the present system of classification and certifies as
not needed for forestry purposes;

i.) Biodiversity refers to the variety and variability among all living
organisms and the ecological complex in which they occur;

j.) Ecosystem refers to the Community of plants and animals, their physical
environment and their interactions among them;

f.

SECTION 4, Scope.---The Sombrero Turtle and Sea Eagle Island Wildlife
Sanctuary and Critical Habitat shall cover all the lands and waters comprising within the
Barangay of Iniwaran, Municipality of San Pascual, Masbate. Located between coordinates
North 13 *07.578 Latitude and East 122 * 57.240 Longitude.

SECTION _ 5. Land Classification.---All lands of public domain that fall within the
scope shall be classified as a Protected Area. However, all public lands already classified
as alienable and disposable lands, shall remain as such and may be disposed of pursuant to
the provisions of Commonwealth Act #141 or the Public Land Act, as amended.

Chapter II
Protected Area Management

Article I---Institutional Mechanism

SECTION 6. Creation and Composition of the Protected Area Management Board
(PAMB).---There is hereby created a PAMB which shall have the jurisdiction, power and
authority, including but not limited to policy making and granting permits over Protected
Area for all matters that may affect biodiversity conservation and sustainable development.

The (PAMB) shall composed of the Regional Executive Director (RED) of the
Department of Environment and Natural Resources, Region V or his or her duly
designated Representative as Chairperson and the following as Members:



d.) A minimum of three (3) representatives selected from among NGO’s operating
in the Protected Area through a process designated by themselves;

e.) A minimum of three (3) representatives selected from all local community
organizations through a process designed by themselves;

f) The provincial planning and development officer or an officer of the provincial
planning and development office, as may otherwise be designated by the
Provincial Governor,

g.) The Provincial Tourism Officer or an officer of the provincial tourism office, as
may otherwise be designated by the Provincial Governor;

h) One representative from each government agency operating within the
Protected Area as may be appointed by the above-listed members of the PAMB
based on the relevance and potential contribution to the Protected Area
management,

i.) One (1) Representative from the Office of the Congresswoman of the First (1")
District of Masbate;

In the selection of local community and NGO representatives, preference shall be
accorded to organizations involved in the conservation and protection of the Protected
‘Area and in the development work. The representation of the nongovernment
organizations shall be institutional and shall endeavor to achieve geographic balance

SECTION 7. __ Term of Office.---Every member of the PAMB shall serve for a term
of five (5) years, subject, however, to the elected office held, government employment, and
or official designation in the local government unit (LGU), national agency, People’s
Organization (PO), or National Government Organization (NGO). Representation in the
PAMB shall, as much as practicable, ensure sufficient representation of all stakeholders,

SECTION 8. Powers and Functions of the Protected Area Management Board.---
The PAMB shall have the following powers and functions.

a.) Issue all rules and regulations in accordance with this Act and the management
plan;

b.) Each criteria for permits and set fees for regulated activities;

c.) Adopt rules of procedure for the conduct of business, roles and responsibilities,
and discipline of the PAMB and Protected Area personnel, including the
creation of committee to whom its powers may be delegated;

4.) Approve, revise or modify the management action plans;

e.) Issue certifications for both terrestrial and aquatic resource use. Provided, that
the DENR and the LGU’s shall issue permits only upon submission of the
PAMB certification;

£) Recommend to the DENR for the approval the deputation of interested, capable
and responsible individuals for the enforcement of the laws, rules and



regulations governing the governing conduct in the Protected Area for areas and
species falling under the DENR’s jurisdiction of the Bureau of Fisheries and
‘Aquatic Resources-Department of Agriculture, deputation shall be pursuant to
the Republic Act No. #8550;

g.) Oversee and evaluate the Protected Area Superintendent's Office created under
Section 8 hereof.;

h.) Identify, verify, and review all tenurial instruments and land claims within the
Protected Area;

i.) Recommend land reclassification and proper use of resources found therein
consistent with the zoning provided in the management or action plans;

j)) Accept review and approve, after establishing criteria and rules and procedures,
therefor, proposals for the projects or activities, including research and
development on the natural resources , to be undertaken within the protected
area which affect biodiversity conservation, protection and sustainable
development;

k,) Initiate civil or administrative proceedings, file criminal complaints and take
necessary legal action against individuals associations, corporations or entities
destroying or contributing to the destruction of the Protected Area in whatever
degree, including but not limited to, discharge of wastes or refuse which may
impact on the Protected Area;

1.) Participate in all stages of the Environmental Impact Assessment (EIA) process
for the projects that may affect the protected area and in the monitoring thereof.
May also recommend that projects from the EIA system undergo the same;

The Department of Environment and Natural Resources (DENR) shall exercise
general authority over the PAMB to ensure that the acts within the scope of its powers and
functions. In case of conflict between administrative orders for national application issued
by the DENR pursuant to the NIPAS Act and the rules and regulations issued by the
PAMB, the Secretary, in consultation with the PAMB, shall resolve whether to apply the
rule or withdraw its application for the site. The decision of the Secretary may be appealed
to the Regional Trial Court (RTC) having jurisdiction over the Protected Area.

SECTION 9. Protected Area Superintendent Office—There shall be a PASu
office within the DENR Regional Office for the Sombrero Turtle and Sea Eagle Island
Wildlife Sanctuary and Critical Habitat that shall provide general support and coordinative
services such as preparation of preliminary management plan and action plans, interagency
linkages, community partnership building, park visitors education and information
programs enforcement of park rules and regulations, processing of permits and monitoring
of operations,

The PASu as head of office shall be the chief operating officer of the Protected
Area and shall be accountable to the Regional Executive Director (RED) of the DENR
Regional V and the PAMB. The PASu shall be supported by the DENR personnel
designated therein. The PASu shall serve for a minimum of five (5) years and must have
competence and experience in the field of environmental protection.



Article 2
Protected Area Management Plan

SECTION 10. Protected Area Management and Action Plans---The PASu office,
under the general supervision of the PAMB, shall be within six (6) months from the
effectivity of this Act, prepare the (25) year management plan for the Sombrero Turtle and
Sea Eagle Island Wildlife Sanctuary and Critical Habitat in consultation with appropriate
offices of the DENR, LGU’s local communities, concerned government agencies and
experts who may extend their services,

‘The management plan shall be reviewed, approved and adopted by the PAMB,
which shall also verify that it conforms to all laws and rules regulations issued by the
DENR, and certified to by the DENR Secretary within the sixty (60) calendar days from
submission thereof.

The management plan shall serve as guide to all activities relating to Sombrero
Turtle and Sea Eagle Island Wildlife Sanctuary and Critical Habitat, including its
development as an ecotourism destination, in order attain the objectives stated in Section 2
hereof. Within one (1) year from the effectivity of this Act, the management planning
shall be formulated in accordance with the general management planning strategy provided
for under the NIPAS Act of 1992 and its implementing rules and regulations and
administrative orders. The management plan shall contain, among others, the following:

a.) The goals and objectives pursuant to Section 2 hereof,

b.) The protected nature of the areas covered:

c.) The period of applicability of the plan;

4.) Key management issues and activities such as habitat;

e.) Establish zoning and activity regulations;

f) Establishment of visitor management program;

g,) Establishment of sustainable livelihood and investment programs,

Revisions or modifications of the management plan may be initiated by the PASu
or any PAMB member and shall be reviewed, approved and adopted by the PAMB and
certified to by the Secretary

After its approval, adoption and certification, the plan shall be translated in the
local vernacular and shall be made readily available for the perusal by the general public.

Six (6) months after the formulation of the management plan, the PASu, in
consultation with the appropriate offices of the DENR, LGU’s, local communities,
concerned government agencies, shall prepare a five (5) year action plan, subject to review
and approval by the PAMB

Before the expiration of the said five (5) year action plan, the PASu shall within a
year, cause the publication of notices on the formulation of the succeeding action plan
through broadcast and print media and posting of notices in conspicuous places within the
provincial, municipal and barangay halls in order to solicit opinions on how to improve it


The PAMB may conduct a public hearing or series of public hearings on the action
plan upon written request of any interested party.

In the event that no action plan is approved and adopted upon the expiration of the
existing plan, the latter shall continue to be effective subject to modifications as may be
adopted by the PAMB.

The same procedure shall be followed in the case of the management plan.

SECTION 11. Integration of the Management Plan into Local Government
Development Plans.---LGU’s through their representation in the PAMB, shall participate
in the management of the Sombrero Turtle and Sea Eagle Island Wildlife Sanctuary,
Critical Habitat and its buffer zones. To ensure that the future development of the
Province of Masbate and Bicol Region takes place in accordance with this Act, the
provisions herein shall be incorporated into the barangay, municipal and provincial
development plans of Masbate and the Regional Development Plan (RDP) of Bicol Region
as part of the environmental concerns of the province and the region. LGU’s shall likewise
ensure that their ordinances pertaining to the environment are consistent with this Act and
the management plan, as herein provided

Chapter IIT
‘Tenured Migrants and Private Rights

SECTION 12, Tenured Migrants and Private Rights-—-Tenured migrants are
individuals and households who have actually and continuously occupied areas not
classified as alienable and disposable within the Protected Area and chiefly derived their
livelihood therein since October 10, 1991 or earlier. Whenever practicable, tenured
migrant communities of more than five households occupying contiguous lots shall be
provided with tenurial rights over their current habitation sites and shall be offered
alternative sites preferably within the buffer zones whenever said area is crucial for
conservation. Provided, that provisions for their transfer shall be undertaken using
humanitarian considerations and shall be provided with security of tenure over their given
relocations and such other support deemed appropriate.

In all other cases, the grant of tenurial rights must take into account the need to
promote clustering and to avoid unnecessary displacement. In areas where tenurial
instruments are granted, appropriate use zones shall be established for the purpose of
maintaining noncommercial livelihood activities.

‘The land areas used as home lots or farm lots shall be held by individual household.
Land areas used for the communal basis shall not be held individually.

Tenurial instruments shall not be used solely on the basis of documents but must be
supported by indisputable evidence of permanent land utilization for five (5) years before
October 10, 1991, by the following circumstances, such as:

a.) Cultivated trees at their fruit bearing stage;
b.) Physical structures in the area indicating prolonged occupancy;


¢.) Certification from the barangay captain or any two (2) respected
members of the nearest community attesting to occupancy;

d.) Other relevant data (e.g. previous census reports) that may be
accepted by the PAMB;

Existing land title instruments shall be reviewed by the PASu and endorsed by the
PAMB to the DENR Regional Office for validation and reversion, The PAMB shall
recommend the issuance of the appropriate tenure instrument consistent with land
classification and allow the use of resources found therein.

Persons who fail to qualify as tenurial migrants including transient farmers shall be
allowed to gather and collect whatever they have planted within five (5) years from
effectivity of this Act. The transfer of non-tenured migrants from the Sombrero Turtle and
Sea Eagle Island Wildlife Sanctuary and Critical Habitat shall be undertaken using
humanitarian considerations.

In the event of termination of tenurial instrument for cause or by voluntary
surrender of rights, the PASu shall take immediate steps to rehabilitate the area and restore
it to its natural state

Chapter IV
Special Areas of Concern

SECTION 13. Existing Commercial Facilitates Within the Protected Area.---
Within ninety (90) days from effectivity of this Act, all existing commercial facilities
within the boundaries of the Protected Area or its buffer zones with a total capitalization in
excess of Fifty Thousand Pesos (P50,000,00) shall be submitted to the PAMB through the
PASu, the following information:

a.) Potential for disturbance of protected area species and their
habitat, reproductive cycle, nesting and feeding grounds, and
migratory paths,

b.) Noise levels at all stages of operation;

c.) Requirements of water supply and sources of water,

.) Energy requirements and sources of energy:

Thereafter, the PAMB, with the assistance of the DENR, shall determine whether
the existence of a facility and its future plans and operations will be detrimental to the
Protected Areas and its buffer zones.

Failure to submit the required information shall constitute a violation of this Act.
‘The PAMB may prescribe further conditions for the operation of the facility to ensure that
it is not in conflict with the management objectives of the protected area. If any such
conditions are violated, a fine of (P5,000.00) Five Thousand Pesos for everyday of
violation shall be imposed upon the owners of the said facility, but not to exceed a total of
four hundred fifty thousand pesos (P450,000,00). Whenever necessary, the PAMB
through the PASu or other government entities shall cause the cessation and demolition of
the facility at the cost of the owners.


The existing facilities allowed to remain within the protected area or its buffer
zones shall be charge a fee by the PAMB, which shall not be more than two (2%) percent
of the annual gross income of the facility. Provided, that existing commercial facilities
whose operations and or purpose are considered contradictory to protected area
management objectives shall be ordered by the PAMB to vacate the protected area with
such time as the PAMB may provide.

SECTION 14. Utilization of Resources .---Livelihood activities requiring
the use of natural resources derived from the protected area shall be allowed only when
sustainable , consistent with the management and action plans, and after prior PAMB
approval

The PAMB is authorized to impose regulatory measures such as hunting
moratoriums, closed hunting season and other restrictions on the use of resources within
the protected area and its buffer zone to ensure the sustainability of the species and the
ecosystem.

Any exploitation or utilization of non-renewable regulatory measures within the
protected area for commercial purposes or by non-tenured migrants shall not be allowed.

Energy projects, whether renewal or otherwise, within the protected area shall only
be allowed through an Act of Congress except energy from wind, sun, waves and water
resources: Provided, that in all instances, the primary beneficiaries shall be residents of the
protected area and its buffer zones. Provided, further, that all energy projects shall
undergo the FIA system as provided by law: Provided finally, that the PAMB has
endorsed the project.

Commercial exploitation of water resources within the protected area shall require
prior PAMB approval, in accordance with the management and action plans and should
undergo EIA system

Chapter V
Penal Provisions

SECTION 15. Prohibited Acts.---It shall be unlawful for any person to willfully
and knowingly exploit wildlife resources and habitat and undertake the following acts,
without the necessary permit issued in accordance with this Act:

1.) Killing and destroying wildlife species, except in the following instances:

a.) When it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities;

b.) When wildlife is afflicted with an incurable communicable disease;

c.) When necessary to put to an end to the misery suffered by the wildlife;

d.) When it is done to prevent an imminent danger to the life or limb of a
human being:

e.) When wildlife is killed or destroyed after it has been used in authorized
research or experiments;


2.) Inflicting injury which cripples and or impairs the reproductive system of
wildlife species;

3.) Effecting any of the following acts in critical habitats:
a.) Dumping of waste products detrimental to wildlife;
b.) Burning;
c.) Logging,
4.) Quarrying of sand, gravel, guano, limestone or any material;
4.) Introduction and reintroduction or restocking of wildlife resources:
5.) Trading of wildlife;
6.) Collecting, hunting or possessing wildlife, their by-products and derivatives;

7.) Gathering, or destroying of active nests, nest trees, hosts plants and the like;

8.) Maltreating and or inflicting other injuries not covered by the preceding
paragraph;

9.) Transporting of wildlife;

0.) Cutting, gathering, removing or collecting timber or any forest-products within
the identified prohibited areas or zones of protected areas, including private
lands, without the necessary Protected Area Permit, authorization or exemption
as issued or promulgated by the PAMB:

SECTION 16. Fines and Penalties.—-To any person who undertakes illegal acts
under SECTION 15, Paragraph (1) to any species as may be categorized pursuant to this
Act, the following penalties and or fines shall be imposed

a.) Imprisonment of minimum of six (6) years and one (1) day to twelve (12) years
and or fine of One Hundred Thousand Pesos (P100,000.00 to One Million
Pesos (P1,000,000.00), if inflicted or undertaken against CRITICAL SPECIE!

b,) Imprisonment of four (4) years and one (1) day to six (6) years and or fine of
Fifty Thousand Pesos (P50,000.00) to Five Hundred Thousand Pesos
(P500,000.00), if inflicted or undertaken against ENDANGEREDSPECIES;

c.) Imprisonment of Two (2) years and one (1) day to four (4) years and or fine of
Thirty Thousand Pesos (P30,000.00) to Three Hundred Thousand Pesos
(P300,000.00), if inflicted or undertaken against VULNERABLESPECIES;

d.) Imprisonment of one (1) year and one (1) day to two (2) years and or fine of
Twenty Thousand Pesos (P20,000.00) to Two Hundred Thousand Pesos
(P200,000.00), if inflicted or undertaken against. OTHERTHREATENED
SPECIES;

€.) Imprisonment of one (1) month to six (6) months and or fine of Five Thousand
Pesos to Twenty Thousand Pesos (P20,000.00) if inflicted or taken against
OTHERWILDLIFESPECIES;



For illegal acts under SECTION 15, PARAGRAPH (3) and (4), an imprisonment
of one (1) month to eight (8) years and or fine of Five Thousand Pesos (P5,000.00) to Five
Million Pesos (P5,000,000.00) shall be imposed.

For illegal act under SECTION 15, PARAGRAPH (5), the following penalties and
or fines shall be imposed:

a.) Imprisonment of two (2) years and one (1) day to four (4) years and or fine of
Five Thousand Pesos (P5,000.00) to Three Hundred Thousand Pesos
(P300,000,00), if inflicted or undertaken against CRITICALSPECIES:

b.) Imprisonment of one (1) year and one (1) day to two (2) years and or fine of
Two Thousand Pesos (P2,000.00) to Two Hundred Thousand Pesos
(P200,000.00) if inflicted or undertaken against ENDANGEREDSPECIES;

¢.) Imprisonment of six (6) months and one (1) day to one (1) year and or fine of
One Thousand Pesos (P1,000.00) to One Hundred Thousand Pesos
(P100,000.00) if inflicted or undertaken against VULNERABLESPECIES;

d.) Imprisonment of one (1) month and one (1) day to six (6) month and or fine of
Five Hundred Pesos (P500.00) to Fifty Thousand Pesos (PS0,000.00) if
inflicted or undertaken against THREATENEDSPECIES;

e.) Imprisonment of Ten (10) days to one (1) month and or fine of Two Hundred
Pesos (P200,00) to Twenty ‘Thousand Pesos (P20,000.00) if inflicted or
undertaken against OTHERWILDLIFESPECIES:

For illegal acts under SECTION 15, PARAGRAPH (8) and (9), the following
penalties and or fines shall be imposed

a.) Imprisonment of six (6) months to one (1) day to one year and a fine of Fifty
Thousand Pesos (50,000.00) to One Hundred Thousand Pesos (P100,000.00)
if inflicted or undertaken against CRITICALSPECIES;

b.) Imprisonment of three (3) month and one (1) day to six (6) months and fine of
‘Twenty Thousand Pesos (P20,000.00) to Fifty Thousand Pesos (P50,000.00) if
inflicted or undertaken against ENDANGEREDSPECIES;

c.) Imprisonment of one (1) month and one (1) day to three (3) months and fine of
Five Thousand Pesos (P5,000.00) to Twenty Thousand Pesos to if inflicted or
undertaken against VULNERABLESPECIES;

.) Imprisonment of ten (10) days to one (1) month and fine of Ten Thousand
Pesos to One Hundred Thousand Pesos (P 100,000.00) if inflicted or undertaken
against OTHERTHREATENEDSPECIES;

e.) Imprisonment of five (5) days to ten (10) days and fine of Two Hundred Pesos
(P200.00) to One Thousand Pesos (P1,000.00) if inflicted or undertaken against
OTHER WILDLIFESPECIES;

For illegal acts under SECTION 15, PARAGRAPH (10), shall be penalized under
the existing forestry laws.

All wildlife, its derivatives or by-products, and all paraphernalia under existing
forestry laws.


All wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the Government; Provided, that where ownership of the aforesaid conveyances
belong to third (3") persons who have no participation in or knowledge of the illegal acts,
the same may be released to said owner.

If the offender is an alien, he shall be deported after service of sentence and
payment of fines, without any further proceedings.

A fine of not less than Five Thousand Pesos (P5,000.00) but not more than Two
Hundred Fifty Thousand Pesos (P250,000.00) and or imprisonment of not less than one (1)
year but not more than five (5) years and the restoration and rehabilitation of the damaged
area or resource shall be imposed upon a person who shall commit, within the Protected
Area, the prohibited acts under Section 86, 93 and 102 of Republic Act No. 8550
Otherwise known as the Philippine Fisheries Code of 1998.

A fine of not less than Five Thousand Pesos (P5,000.00) but not more than Five
Hundred Pesos (P500,000.00)and or imprisonment of not less than one (1) year but not
more than five (5) years shall be imposed upon those persons who commit, within the
Protected Area, the acts prohibited under Section 106 of Republic Act No. 8550.

The fines prescribed shall be increased by at least ten (10%) percent every three (3)
years to compensate for inflation and to maintain the deterrent function of such fines.

Any person who shall induce another or conspire to commit any of the illegal acts
prohibited in this Act or order 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, equipment, paraphernalia, implements, gears, tools and
similar devices used in violation of this Act shall be subject to immediate administrative
confiscation, independent of the judicial proceedings by the PASu Office upon
apprehension, subject, however, to due process and substantial evidence. When legal
action is however filed in regular courts, the said conveyances, vessels, equipment,
paraphernalia, implements, gears, tools and similar devices shall, independent of
administrative proceedings, not be released until after judgement. Proceeds of the sale of
all objects administratively or judicially confiscated pursuant hereto shall accrue to the
Protected Area Fund. Procedures for the sale thereof shall be promulgated by the PAMB.

Chapter VI
Miscellaneous Provisions

SECTION 17. Special Prosecutor.---Within thirty days from the effectivity of this
Act, the Department of Justice (DOJ) shall appoint a Special Prosecutor to whom alll cases
in violation of laws, rules and regulations in the Protected Area shall be assigned. Such
Special Prosecutor shall coordinate with the PAMB and the PASu in the performance of
his/her duties and assist in the training of wardens and rangers in the arrest of offenders
and in criminal procedure. The PAMB shall periodically submit to the DOJ an evaluation
of the performance of the designated Special Prosecutor.


SECTION 18. Special Counsel.---The PAMB may retain the services of the
competent lawyer to prosecute and or assist in the prosecution of cases under the direct
control and supervision of the Special Prosecutor and to defend the members of the PAMB
and the officers and the staff of the PASu Office, or any person assisting in the protection,
conservation and sustainable development of the Protected Area against any illegal action
related to their powers, functions and duties as provided in this Act or as delegated by the
PAMB.

SECTION 19. Integrated Protected Areas Fund.---There is hereby established a
trust fund to be known as the Integrated Protected Areas Fund for the purposes of
financing projects of the system. All income generated from the operation of the system or
management of wild flora and fauna in the Protected Area shall accrue to the fund. This
income shall be derived from the fees from permitted sale and export of flora and fauna
and other sources from the Protected Area proceeds from lease of multiple-use areas,
contributions from the industries and facilities directly benefiting from the Protected Area,
and such other fees and income derived from the operation of the Protected Area.

‘The fund may be augmented by grants, donations, endowment from various sources
domestic and foreign for purposes related to their functions; Provided, that the fund shall
be subject to the retention of the management board of the protected area, of seventy-five
percent (75%) of all revenues raised therefrom and deposited in any government bank
within the locality where the protected area is located; and that disbursements shall be
made solely for the protection, maintenance, administration and management of the area
and implementation of duly approved projects endorsed by the PAMB in accordance with
the existing accounting, budgeting and auditing rules and regulations; Provided, further,
that the twenty-five (25%) percent of the revenues shall be deposited as special account in
the National treasury; Provided, finally, that fund shall not be used to cover personal
services expenditures.

The LGU’s shall continue to impose and collect all other fees not enumerated
herein which they may traditionally collected, such as business permits, property tax and
rentals of local government units facilities. Furthermore, LGU’s may charge add-ons to
fees imposed by the PAMB provided that such add-ons shall be determined based on the
contribution of the LGU’s in the maintenance and protection of the Protected Area.

Chapter VII
Final Provisions

SECTION 20. Appropriations.---The Secretary shall immediately include in the
Department’s program the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

SECTION 21. _Interpretation-—The provisions of this Act shall be construed
liberally in favor of achieving biodiversity conservation, protection and sustainable
development. The provisions of republic Act No #7586, otherwise known as the NIPAS
Act, and republic Act No. #8550, otherwise known as the Philippine Fisheries Code of
1998, and existing forestry laws and their corresponding rules and regulations not
consistent herewith shall be suppletory application in the implementation of this Act.


SECTION 22. Implementing Rules and Regulations Ninety (90) days after the
effectivity of this Act, the DENR, in consultation with the PAMB and concerned NGO's
shall promulgate the implementing rules and regulations necessary to effectively
implement the provisions of this Act.

SECTION 23 Separability Clause.---If any Part or section of this Act is declared
by the courts as unconstitutional, such declaration shall not affect the other parts or
sections hereof which shall continue to be in full force and effect.

SECTION 24 Repealing Clause.--All_other laws, rules and _ regulations
inconsistent with this Act or any provision hereof are hereby repealed or are modified
accordingly.

SECTION 25. EffectivityClause.---This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in two (2) newspapers of general circulation
readily available and in around the scope specified herein. It shall likewise be posted in a
conspicuous place at the Municipal Halls of Batuan, San Fernando, San Jacinto, Monreal,
Claveria and San Pascual, located in the Islands of Ticao and Burias respectively and in the
Barangay Hall of Iniwaran concerned where the Protected Area is located and in other
places frequented by the public

Approved,