HOUSE °F REPRESENTATIL
RECEIVED

paid) JUN 2016

TIME _ BWP
BY ii G

REGISTRATION UNIT
WiLL§ AND INDEX SERVICE

Republic of the Philippines

DOuse OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO, _212

Introduced by:
REP. FRANCISCO JOSE F. MATUGAS II
15" District, Surigao del Norte (Siargao Island)

EXPLANATORY NOTE

This bill seeks to establish the Islands of Siargao and Bucas
Grande as a protected area, according to the shared demands and
desires of the local government unit officials and constituencies of the
First District of Surigao del Norte. This bill was approved in the House of
Representatives and transmitted to the Senate of the 13", 14™and 15!"
Congress and now re-filed in the present Congress with the updated
technical description provided by the National Mapping and Resource
Information Authority (NAMRIA).

Siargao Island in the First Legislative District of Surigao del Norte, is
one of the ten (10) selected sites under the Conservation of Priority
Protected Area Project (CPPAP), an implementation of Republic Act
7586, otherwise known as the “National Integrated Protected Areas
System (NIPAS) Law," aimed at biodiversity conservation and
sustainable development.

Siargao Island, which includes the Bucas Grande Island, was
proclaimed as a protected area on 10 October 1996 by virtue of
Presidential Proclamation 902 and was designated as Siargao Island
Protected Landscapes and Seascapes (SIPLAS). It covers a landscape
and seascape with an approximate area of two hundred eighty three
thousand nine hundred seventy four and seventy seven (283,974.77)
hectares.

Siargao Island wag chosen as one of the priority protected areas
primarily due to its important bio-physical features including: (1)
extensive expanse of mangrove forest which serves as a good habitat
for the crocodile of the species Crocodylus Porosus; (2) fringing coral
reefs and numerous lagoons with unique faunal assemblage: and (3)
endemic species of birds, mammals, and flowering plants in the


terrestrial ecosystem. Its forest land consists of mixed Dipterocarp forest
which serves as home to hundreds of wildlife species such as the
Philippine Torsier, Philippine Cockatoo, Flying Lemur and a variety of
avian species. Dipterocarp species of white lauan and yakal
dominates in the upland. Siargao also takes pride in being one of the
habitats of ironwood “Mancono" (Xanthosthemum verdogonianus) in
the Philippines.

The mangrove seagrass and mudflats provide habitats and
feeding ground to migratory waders, waterbirds and mangrove-
associated organisms. The coral reef serves as spawning ground of
reef-associated fishes.

The island is also endowed with natural and scenic attractions. It
is an area of white sand beaches, hidden lagoons, enchanting caves,
karst scenery and magnificent rock formations.

Unfortunately,’ based on a 2006 study by Conservation
International, DENR-PAWB and Haribon Foundation. the area is
threatened by collection of timber and non-timber forest products,
wildlife hunting and illegal fishing.

This proposed measure, therefore, intends to: (1) protect,
conserve and rehabilitate natural habitats and their associated
biodiversity, resources and landscape values; (2) organize and
empower communities and enable them to participate actively in
Protected Areas management, (3} develop, promote and manage
sustainable alternative livelihood systems; (4) inform, educate and raise
the ecological consciousness of all stakeholders in the island; and (5)
ensure that SIPLAS laws and policies are effectively enforced.

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

FRANCISC@ JOSE F. MATUGAS II


Republic of the Philippines
HOUSE OF REPRE! TATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

9
HOUSE BILL NO. 212

Introduced by
Representative Francisco Jose F. Matugas II
1° District, Surigao del Norte

AN ACT.
DECLARING THE ISLANDS OF SIARGAO AND BUCAS GRANDE AS
A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED
LANDSCAPE AND SEASCAPE AND PROVIDING FOR ITS
MANAGEMENT

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
1 SECTION 1. Title. ~ This Act shall be known and cited as the “Siargao Islands

Protected Landscape and Seascape (SIPLAS) Act”.
3 SECTION 2. Declaration of Policy. ~ It is the policy of the State to ensure the
4 protection and conservation of Siargao Islands, their endangered species, mangrove
5 reserve, biodiversity and the communities residing therein, including the people's

6 culture and way of life insofar as these are in harmony with nature.

7 Pursuant to this policy, the State shall
8 (a) preserve the ecosystems in their natural state in the lowlands, forest,
9 mangrove, lakes, coral reefs or seagrass beds;

10 (b) preserve and maintain genetic resources and ecological diversity, including

u salt water crocodile, green sea turtle, tarsier, dolphin, dugong-dugong (sea

12 cow), sea eagle, brahminy kite and rufous hornbill;
B (c) provide education, research and environmental monitoring, recreation and
4 tourism, and alternative economic opportunities to optimize the use of

15 resources on a sustainable basis; and


(@) foster partnership between and among government, nongovernment
organizations (NGOs), local community organizations, and concerned
private organizations.

SEC. 3. Definition of Terms. - As used in this Act:

a) Alienable and Disposable Lands refer to those of the public domain which
have been the subject of the present system of classification and certified as
not needed for forestry purposes.

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

©) By-product refers to any part taken or substance extracted from wildlife, in raw
or in processed form, and includes stuffed animals and herbarium specimens.

4) Biodegradable materials refer to objects which are capable of being degraded
or decomposed by microbiological organisms or enzymes.

e) Commercial fishing refers to fishing by passive or active gear for trade,

business or profit beyond subsistence, utilizing fishing vessels of more than
three gross tons.

1) Critically endangered species refer to species or subspecies that are facing
extremely high risk of extinction in the wild in the immediate future.

2) Endangered species refer to species or subspecies that are not critically
endangered but whose survival in the wild is unlikely if the causal factors for
their depletion continue operating, including, but not limited to, the following:

1)Fauna: crocodile, green sea turtle, Philippine tarsier, monitor lizard,
dolphin, sea cow, wattled broadbill, brahminy kite, sea eagle, rufous
hombill, katujo.
2)Flora: dipterocarp species, mancuno (iron wood), fire orchids,
pitcher plant, maribojoe pine.
‘The term also includes other species as may be covered by Appendices I and
I of the Convention on International Trade of Endangered Species (CITES)
and as may be provided by law, international treaties, administrative orders,
and rules and regulations or issuance of a concerned government agency.

h) Fish and fishery/aquatic products refer to all fish and other aquatic animals
such as mollusks, crustaceans, echinoderm, marine mammals, and all other
species of aquatic flora and fauna and all other products of aquatic living

resources in any form.



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P)

Fishing vessel refers to any boat, ship or other watercraft equipped to be used
for fishing or aiding or assisting one or more vessels in the performance of any
activity relating to fishing, including, preservation, storage, refrigeration,
transportation, and processing.

Forest products refer to timber, pulpwood, firewood, bark, tree top, resin gum,
wood, lumber, oil, honey, beeswax. nipa, rattan or other forest growth such as
grass, shrub and flowering plant, the associated water, fish, game and the
scenic, historical, recreational and geologic resources in forest lands.
Liba-Liba refers to a fishing gear or any variation thereof, consisting of a
conical shaped net with a pair of wings, the ends of which are connected to
two ropes with buri, plastic strips or any similar material to serve as scaring or
herding device with hauling ropes passing through a metallic ring permanently
attached to a tom weight (/inggote) when hauled into a fishing boat. Also
known as hulbot-hulbot or bira-bira in other vernaculars.

Marginal Fisherfolk refers to fisherfolk who engage in fishing with or without
the use of fishing vessels or nonmotorized or motorized fishing vessels
powered by a single engine sixteen (16) horsepower or less.

Muro Ami refers to a fishing gear used in reef fishing which consists of a
movable bag net and two detachable wings effecting the capture of fish by
spreading the net in arch form around reefs or shoals and with the aid of
scaring devices and where a cordon of fishermen drive the fish from the reefs
toward the bag portion of the whole net.

Nonrenewable resources refer to resources found within the Protected Area,
the natural replenishment rate of which is either not known or takes more than
twenty-five (25) years.

Protected Area Permit/License Authority refers to a limited term privilege or
authority duly granted by the Protected Area Management Board (PAMB),
Protected Area Superintendent (PASu), or any entity duly authorized to grant
the same to a natural or juridical person, or group of persons to utilize an
allowed resource or undertake an allowed activity within the PA.

Protected landscapes/seascapes refer to areas of national significance
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation and tourism within the

normal lifestyle and economic activity of these areas.



4) Superlight also referred to as “magic light,” refers to a type of light using
halogen or metal halide bulb which may be located above the sea surface or
submerged in the water. It consists of a ballast, regulator, electric cable and
socket. The source of energy comes from a generator, battery or dynamo
coupled with the main engine
1) Threatened species refer to species or subspecies considered as critically
endangered, endangered, vulnerable or other accepted categories of wildlife
whose population are at risk of extinction.
s) Timber refers to wood having an average diameter of at least fifteen (15)
centimeters and a length of at least one point five meters in its unaltered state,
or wood regardless of size sawn or hewn on two or more sides usually referred
tos flitch and all mangrove species regardless of size.
t) Vulnerable species refer to species or subspecies that are not critically
endangered or endangered but are under threat from adverse factors
throughout their range and are likely to move to the endangered category in
the near future.
u) Wildlife refers to wild forms and varieties of flora and fauna in all
developmental stages including those which are in captivity or are being bred
or propagated.
SEC. 4. Establishment of the Siargao Islands Protected Landscape and Seascapes.
— The municipalities of Burgos, Dapa, Del Carmen, General Luna, Pilar, San
Benito, San Isidro, Sta. Monica and Socorro located in the islands of Siargao and
Bucas Grande are hereby declared protected area under the category of protected
landscape and seascape. It shall collectively be called Surigao Island protected
Landscape and Seascape (SIPLAS). and is more particularly described as follows:

Beginning at a point marked “1” on the map being N59°07°04"E, 19,535.337
meters ftom BLLM No.1, Poblacion, Municipality of General Luna, Province of
Surigao del Norte with geographic coordinates of 09°47°01.49605581” Lat. and
126°09°21.39676345" Long.

LINE BEARING DISTANCE (meters)
12 $05°46°S7"E 25210.78

2-3 $57°35°36"W 21623.825

34 S86°24°47"W 17101.833

4-5 N82°59°S9"°'W 11621.604

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5-6 N30°22"40"W 14227.523

6-7 N18°41°42"E 16591.654
78 N41°47°37°W 19091.062
8-9 N54°7°1 22168.238
9-10 N48°24°S6"E_ 18670.857
10-11 $63°S2°S1"E 12823.495
1-1 $31°7°12"E 29948.052

The foregoing technical description, which covers a landscape and seascape
with an approximate area of two hundred eighty three thousand nine hundred seventy
four and seventy seven (283,974.77) hectares, shall only be modified through an Act
of Congress after consultation with the Protected Area Management Board (PAMB),
affected communities, local government units (LGUs) and concerned government
agencies.

All lands of public domain comprising the SIPLAS shall fall under the
Phat all

classification of national park as provided for in the Constitution.: Provided,
public lands already classified as agricultural and alienable or disposable land shall
remain as such and may be disposed of pursuant to the provisions of Commonwealth
‘Act No. 141 or the Public Land Act, as amended.
CHAPTER II
PROTECTED AREA MANAGEMENT
Article 1
Institutional Mechanism

SEC. 5. 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 the SIPLAS for all
matters that may affect biodiversity conservation, protection and sustainable
development.

The PAMB shall be composed of the Regional Executive Director (RED) of
DENR CARAGA Region as chairperson, and the following as members:

(a) The mayors of each municipality within the SIPLAS or any duly designated

representative who must be an official of the same municipality;
(b) The presiding officer of the sangguniang bayan of each municipality, or any
member thereof as may otherwise be designated by the sangguniang bayan;

(c) The president of the liga ng mga barangay of each municipality;
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(@) A minimum of three representatives selected from all local community

organizations through a process designed by themselves;

(e) A minimum of three representatives selected from among NGOs operating

in the PA through a process designed by themselves;

(® 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 PA as

may be appointed by the above-listed members of the PAMB based on their

relevance and potential contribution to PA management; and

(i) One representative from the Office of the Representatives of the First

Congressional District of the Province of Surigao del Norte.

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

SEC. 6. Term of Office. - Every member of the PAMB shall serve for a term
of five (5) years: Provided, That the person remains connected with the institution
being represented. In the case of elective officials, their membership in the PAMB
shall be coterminous with their term of office. Representation in the PAMB shall, as
much as practicable, ensure sufficient representation of all stakeholders.

The members of the board shall not receive any compensation but shall be
entitled to reasonable per diem in accordance with existing accounting and auditing
rules and regulations.

SEC. 7. 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) Establish 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 SIPLAS personnel, including
the creation of committees to whom its powers may be delegated;

(a) Approve, revise or modify the management and action plans;

(e) Issue certifications for both terrestrial and aquatic resource use: Provided,
that the DENR and the LGUs shall issue permits only upon submission of the
PAMB certification:

(0) Recommend to the DENR for approval the deputation of interested, capable
and responsible individuals for the enforcement of the laws, rules and
regulations governing conduct in the SIPLAS for areas and species falling under
the Department's jurisdiction: Provided, That for areas and species under the
jurisdiction of the Bureau of Fisheries and Aquatic Resources-Department of
Agriculture, deputation shall be pursuant to Republic Act No. 8550 or The
Philippine Fisheries Code of 1988;

(g) Oversee the performance of the Protected Area Superintendent as mandated
herein;

(h) Identify, verify and review all tenurial instruments and land claims within
the PA:

(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 projects or activities, including research and
development on the natural resources to be undertaken within the PA, 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 PA in whatever
degree, including the discharge of wastes or refuse which may impact on the
PA; and

(1) Participate in all stages of the Environmental Impact Assessment (EIA)
process for projects that may affect the protected area and in the monitoring

thereof.

The DENR shall exercise general authority over the PAMB to ensure that it acts

within the scope of its powers and functions. In case of conflict between

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administrative orders for national application issued by the DENR pursuant to the
National Integrated Protected Areas Systems (NIPAS) Act and the rules and
regulations issued by the PAMB, the DENR Secretary, in consultation with the
PAMB, shall resolve whether to apply the rule or withdraw its application for the site.
The decision of the DENR Secretary may be appealed to the Regional Trial Court
having jurisdiction over the SIPLAS.

SECS. Protected Area Superintendent (PASu), ~ There shall be a Protected
Area Superintendent (PASu) appointed from the ranks of the DENR who shall
provide general support and coordinative services such as preparation of preliminary
management plan and action plans, inter-agency linkages, community partnership-
building, park visitors’ education and information programs, enforcement of park rule
and regulations, processing of permits and monitoring of operations.

‘The PASu shall be the chief operating officer of the SIPLAS and shall be
accountable to the Regional Executive Director of the DENR-CARAGA and the
PAMB. The PASu shall be supported by DENR personnel designated therein, The
PASu shall serve for a minimum of five years and must possess competence and
experience in the field of environmental protection.

Article 2
Protected Area Management Plan

SEC.9. Protected Area Management and Action Plans. ~The PASu under the

general supervision of the PAMB, shall, within six months from the effectivity of this

‘Act, prepare the twenty-five (25) year management plan for the SIPLAS in

consultation with the appropriate offices of the DENR, LGUs, local communi
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 and regulations issued by
the DENR, and certified to by the DENR Secretary within sixty (60) calendar days
from submission thereof.

The management plan shall serve as guide to all activities relating to the
SIPLAS, including its development as an ecotourism destination, in order to attain the
objectives stated in Section 2 hereof. Within one year from the effectivity of this Act,
the management plan shall be formulated in accordance with the General
Management Planning Strategy provided for under Republic Act No. 7586, otherwise

known as the NIPAS Act of 1992, and its implementing rules, regulations, and related
8


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 and wildlife
conservation, sustainable use of land and marine resources and infrastructure
development regulation;

(e) establishment of zoning and activity regulations;

(f) establishment of a visitor management program; and

(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.

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

Six months after the formulation of the management plan, the PASu, in
consultation with the appropriate offices of the DENR, LGUs, local communities,
concerned government agencies and experts who may extend their services, shall
prepare a five-year action plan, subject to review and approval of the PAMB.

Before the expiration of said five-year action plan, the PASu shall, within a
year, cause the publication of notices on the formulation of the subsequent 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 the 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.

SEC.10. Integration of the Management Plan into Local Government
Development Plans. — Local Government Units, through their representation in the

PAMB, shall participate in the management of the SIPLAS and its buffer zones. To
9


ensure that the future development of the Province of Surigao del Norte and the
CARAGA Region takes place in accordance with this Act, the provisions herein shall
be incorporated into the barangay, municipal and provincial development plans of
Surigao and the regional development plan of the CARAGA Region as part of the
environmental concerns of the province and the region. The concerned LGUs shall
likewise ensure that the ordinances in force, pertaining to the environment, are
consistent with this Act and the management plan, as herein provided.
CHAPTER IIL
PROTECTED AREA FUND

SEC. 11.SIPLAS Fund. ~ There is hereby established a trust fund to be known
as the Fund for purposes of financing projects of the protected area. All income
generated from the operation or management of wild flora and fauna in the protected
area shall accrue to the Fund. These income shall be derived from permitted sale and

export of flora and fauna and other resources from the protected area; proceeds from

lease of multiple-use areas; contributions from 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 or foreign. Any donation or bequest made to the fund shall be
exempt from donor’s tax and the same shall be considered as allowable deduction
from the gross income of the donor, in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.

‘The PAMB shall retain seventy-five percent (75%) of all revenues raised, to be
deposited in any government bank within the locality, 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
Provided,

with existing accounting, budgeting and auditing rules and regulations:
That the Fund shall not be used to cover personal services expenditures.

The remaining 25% of the revenues shall be deposited as a special account in
the National Treasury as share to the Integrated Protected Area Fund (IPAF) created
pursuant to R. A. 7586.

The (LGUs) shall continue to impose and collect all other fees not enumerated
herein which they have traditionally collected, such as business permits, property tax,
and rentals of LGUs’ f

‘lities. The LGUs may charge add-ons to fees imposed by the
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PAMB: Provided, That add-ons shall be determined based on the contribution of the
LGUs in the maintenance and protection of the protected area.
CHAPTER IV
TENURED MIGRANTS AND PRIVATE RIGHTS

SEC. 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 tenure
instruments are granted, appropriate use zones shall be established for the purpose of
maintaining noncommercial livelihood activities.

Land areas used as homelots or farmlots shall be held by individual household.
Land areas used for communal basis shall not be held individually.

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

(a) the presence of cultivated trees at their fruit-bearing stage:

(b) the presence of physical structures in the area indicating prolonged

occupancy;

(©) a certification from the barangay captain or any two respected members of

the nearest community attesting to occupancy; and

(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 or reversion. The PAMB shall
recommend the issuance of the appropriate tenure instrument consistent with the land

classification and allow the use of resources found therein.
u



Persons who fail to qualify as tenured migrants including transient farmers shall
be allowed to gather and collect whatever they have planted within five years from the
effectivity of this Act. The transfer of non tenured migrants from the Siargao Islands
Protected Landscapes and Seascapes shall be undertaken, with utmost care and
consideration of their human rights.

In the event of termination of tenure 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 V
SPECIAL AREAS OF CONCERN

SEC. 13.Existing Commercial Facilities within the Protected Area. ~ Within
ninety (90) days from the effectivity of this Act, all existing commercial facilities
within the boundaries of the SIPLAS or its buffer zones with a total capitalization in
excess of Fifty thousand pesos (P50,000.00) shall submit to the PAMB through the
PAS, the following information:

(a) potential for disturbance of protected 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; and

(d) 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 PA 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 SIPLAS. If any of such
conditions are violated, a fine of Five thousand pesos (P5,000.00) for everyday of
violation shall be imposed upon the owners of 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 to be charged to the cost of the owners.

Existing facilities allowed to remain within the SIPLAS or its buffer zones shall
be charged a fee by the PAMB, which shall not be more than two percent of the

annual gross income of the facility: Provided, That existing commercial facilities
12



whose operations and purpose are considered contradictory to SIPLAS management
objectives shall be ordered by the PAMB to vacate the SIPLAS within such time as
the PAMB may provide.

SEC. 14. Utilization of Resources. ~ Livelihood activities requiring the use of
natural resources derived from the PA 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 seasons and other restrictions on the use of resources
within the SIPLAS and its buffer zones to ensure the sustainability of species and
ecosystems.

Any exploitation or utilization of nonrenewable resources within the SIPLAS
for commercial purposes or by non-tenured migrants shall not be allowed.

Energy projects, whether renewable or otherwise, within the SIPLAS shall be
allowed only through an Act of Congress except energy from wind, sun, waves and
water sources: Provided, That in all instances, the primary beneficiaries shall be
residents of the SIPLAS and its buffer zones: Provided, further, That all energy
projects shall undergo the Environmental Impact Statement (EIS) System as provided
by law: Provided, finally, That the PAMB has endorsed the project.

Commercial exploitation of water resources within the SIPLAS shall require
prior PAMB approval, in accordance with the management and action plans, and
should undergo the EIS system.

CHAPTER VI
PENAL PROVISIONS

SEC. 15.Prohibited Acts. — It shall be unlawful for any person to willfully and

knowingly exploit wildlife resources and habitat or 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 the wildlife is afflicted with an incurable communicable disease;
(c)_ when it is necessary to put an end to the misery suffered by wildlife;
(@) when it is done to prevent an imminent danger to the life or limb of a

human being; and

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(ec) when the 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 habitat(s
(a) dumping of waste products detrimental to wildlife:

(b) burning;

() logging; and

(4) quarrying of sand, gravel, guano, limestone or any material
Introduction, reintroduction or restocking of wildlife resources;

Trading of wildlife:

Collecting, hunting or possessing wildlife, their by-products and derivatives;

Gathering or destroying of active nests, nest trees, host plants and the like;

en ans

Maltreating and/or inflicting other injuries not covered by the preceding
paragraph:

9. Transporting of wildlife: and

10. Cutting, gathering, removing or collecting timber or any forest products
within identified prohibited areas or zones in the SIPLAS, including private
lands, without the necessary SIPLAS permit, authorization or exemption as
issued or promulgated by the PAMB.

SEC 16. Fines and Penalties. ~ Any person who undertakes illegal acts under

Section 15, paragraph (1) of this Act shall be penalized as follows:

(a) Imprisonment of a minimum of six years and one 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 the illegal act is inflicted or undertaken against
species listed as critical;

(b) Imprisonment of four years and one day to six years and/or fine of Fifty
thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00),
if inflicted or undertaken against endangered species:

(©) Imprisonment of two years and one day to four years and/or fine of Thirty

thousand pesos (P30,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against vulnerable species;

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(4) Imprisonment of one year and one day to two years and/or fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00),
if inflicted or undertaken against other threatened species; and

(c) Imprisonment of six months and one day to one year and/or fine of Ten

thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if

inflicted or undertaken against other wildlife species.

For illegal acts under Section 15, paragraph (2), the following penalties and/or
fines shall be imposed:

(a) Imprisonment of four years and one day to six years and/or fine of Fifty
thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00),
if inflicted or undertaken against species listed as critical;

(b) Imprisonment of two years and one day to four years and/or fine of Thirty
thousand pesos (30,000.00) to Two hundred thousand pesos (P200,000.00),
if inflicted or undertaken against endangered species;

(c) Imprisonment of one year and one day to two years and/or fine of Twenty
thousand pesos (P20,000,00) to Two hundred thousand pesos (P200,000.00),
if inflicted or undertaken against vulnerable species:

(d) Imprisonment of six months and one day to one year and/or fine of Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if
inflicted or undertaken against other threatened species; and

(c) Imprisonment of one month to six months and/or fine of Five thousand
pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), iff inflicted or
undertaken against other wildlife species.

For illegal acts under Section 15, paragraphs (3) and (4), an imprisonment of
one month to eight years and/or fine of Five thousand pesos (P5,000.00) to Five
million pesos (P5,000,000.00) shall be imposed.

For illegal acts under Section 15, paragraph (5), the following penalties and/or
fines shall be imposed:

(a) Imprisonment of two years and one day to four years and/or fine of Five
thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00),
if inflicted or undertaken against species listed as critical;

(b) Imprisonment of one year and one day to two years and/or fine of Two
thousand pesos (P2,000,00) to Two hundred thousand pesos (P200,000.00),

if inflicted or undertaken against endangered species;
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(©) Imprisonment of six months and one day to one year and/or fine of One
thousand pesos (P1.000.00) to One hundred thousand pesos (P100,000.00),
if inflicted or undertaken against vulnerable species;

(@) Imprisonment of one month and one day to six months and/or fine of Five
hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00). if inflicted or
undertaken against other threatened species; and

(e) Imprisonment of ten (10) days to one month and/or fine of Two hundred
pesos (P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or
undertaken against other wildlife species.

For illegal acts under Section 15, paragraphs (6) and (7), the following penalties

and/or fines shall be imposed:

(a) Imprisonment of two years and one day to four years and/or fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against species listed as critical;

(b) Imprisonment of one year and one day to two years and/or fine of Two
thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00),
if inflicted or undertaken against endangered species;

(©) Imprisonment of six months and one day to one year and/or fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00),
if inflicted or undertaken against vulnerable species;

(4) Imprisonment of one month and one day to six months and a fine of Five
thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted
or undertaken against other threatened species; and

(c) Imprisonment of ten (10) days to one month and/or fine of One thousand
pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or
undertaken against other wildlife species.

For illegal acts under Section 15, paragraphs (8) and (9), the following penalties

and/or fines shall be imposed:

(a) Imprisonment of six months and one day to one year and a fine of Fifty
thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00),
if inflicted or undertaken against critical species;

(b) Imprisonment of three months and one day to six months and a fine of
Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00),

if inflicted or undertaken against endangered species;
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(c) Imprisonment of one month and one day to three months and a fine of Five
thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if
inflicted or undertaken against vulnerable species:

(@) Imprisonment of ten (10) days to one month and a fine of Ten thousand
pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
inflicted or undertaken against other threatened species; and

(@) Imprisonment of five days to ten (10) days and a fine of Two hundred pesos

(P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against

other wildlife species.

Ilegal acts under Section 15, paragraph (10), shall be penalized 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 goverment: Provided, That where the ownership of the
aforesaid conveyances belong to third 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
year but not more than five years and the restoration and rehabilitation of the damaged
area or resource shall be imposed upon a person who shall commit, within the PA, the
prohibited acts under Sections 86, 93 and 102 of Republic Act No. 8550, otherwise
known as the Philippine Fisheries Code of 1998

A fine of not less than Two hundred fifty thousand pesos (P250,000.00) but not
more than Five hundred thousand pesos (P500,000.00) and/or imprisonment of not
less than five years but not more than twenty (20) years and the restoration and
rehabilitation of the damaged area or resource shall be imposed upon any person who
shall commit, within the PA, the acts prohibited under Sections 88 and 92 of Republic
Act No. 8550.

A fine of not less than Five thousand pesos (P5,000.00) but not more than Five
hundred thousand pesos (P500,000.00) and/or imprisonment of not less than one year
but not more than five years shall be imposed upon those persons who commit, within

the PA, the act/s prohibited under Section 106 of Republic Act No. 8550.
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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 the regular courts, the said conveyances,
vessels, equipment, paraphernalia, implements, gears, tools and similar devices shall,
independent of administrative proceedings, not be released until after judgment
Proceeds of the sale of all objects administratively or judicially confiscated pursuant
hereto shall accrue to the PA Fund. Procedures for the sale thereof shall be
promulgated by the PAMB.

SEC. 17.Special Prosecutor. — 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 PA 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.

SEC. 18.Special Counsel. ~The PAMB may retain the services of a 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 PA against any legal
action related to their powers, functions and duties as provided in this Act or as
delegated by the PAMB

CHAPTER VII
FINAL PROVISIONS

SEC. 19.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
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SEC. 20.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 inconsistent herewith shall have suppletory application in the
implementation of this Act

SEC. 21.Jmplementing Rules and Regulation. — Ninety (90) days after the
effectivity of this Act, the DENR, in consultation with the PAMB and concerned
NGOs shall promulgate the implementing rules and regulations necessary to
effectively implement the provisions of this Act.

SEC. 22.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 have full force and effect

SEC. 23.Repealing Clause. All other laws, rules and regulations inconsistent
with this Act or any provision hereof are hereby repealed or are modified accordingly

SEC. 24.Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspapers of general circulation
readily available in and around the scope specified herein. It shall likewise be posted
in a conspicuous place at the municipal halls of Burgos, Dapa, Del Carmen, General
Luna, Pilar, San Benito, San Isidro, Sta. Monica and Socorro, located in the islands of
Siargao and Bucas Grande and in the barangay halls concerned where the protected
area is located and in other places frequented by the public.

Approved,

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