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

Sixteenth Congress
First Regular Session

HOUSE BILL NO2Z 749

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.

ISIDRO S. roppicu AR.


Republic of the Philippines

House Or REPRESENTATIVES
Quezon City, Metro-Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 2745.

Introduced by the Honorable Isidro S. Rodriguez, Jr.

AN ACT
ESTABLISHING 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
PURPOSES

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

1 SECTION 1. Title. - This Act shall be known as the “Pamitinan Protected Landscape

2 (PPL) Act of 2010.

3 SEC. 2. Declaration of Policy. — The historical, cultural, archeological and

4 ecological significance of the Pamitinan Cave behooves the Sate to undertake steps for their
5 protection and preservation.

6 It is therefore the declared policy of the State to ensure its protection and conservation
7 as part of the country’s natural wealth. In so doing, the State stall ensure the full
8 implementation of this Act, the mobilization of resources for the institutional mechanisms
9 herein established, and the full scientific and technical support needed for the conservation of

10 biodiversity and its surroundings and other cave ecosystems.

u SEC. 3. Scope and Coverage.—The boundaries of the Pamitinan Protected Landscape
12 (PPL) within the Municipatity of Rodriguez in the Province of Rizal, are as follows:

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TECHNICAL DESCRIPTION

Beginning at a point marked “

on the Map with geographical coordinates 121°10°45.75"
longitude and 14°43°18.67" latitude:

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

Thence Due East at 2.000 meters to Point 3,

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

‘Thence Due West at 2,000 meters to Point 1: the point of beginning, containing an
area of six hundred (600) hectares,

‘The Department of Environment and Natural Resources (DENR) shall appropriately
mark on the ground the technical descriptions provided in this Act with clearly visible

markers and shall prepare appropriate maps therefor. Any modification of the coverage of

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

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

government agencies,

SEC. 4, Land Classification, ~ All landy comprising the Pamitinan Protected

(PPL) shall fall under the classification of National Park as provided for in the

Landscape
Philippine Constitution,

SEC. 5. Buffer Zones. -Buffer zones surrounding the PPL shall be established
pursuant to the NIPAS Act for the purpose of provicling an extra layer of protection around
the area, where restrictions can apply and communities can assist in repealing threats to the

PPL. Such buffer zones shall be managed according to the management plan formulated

pursuant to this Act


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

defined as follows:

(a)

(b)

(e)

0)

(8)

(h)

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

ecological complexes in which said organisms oc

Biological Resources” include genetic resources, organisms or parts thereof,

population, or any other biotic component of ecosystems with actual or

potential 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,

“Buffer Zones Tefer 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-products or Derivatives” mean any part taken or substance extracted 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 wildlife,
its by-products or derivatives.

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

restoration and enhancement of the habitat.

‘cosystem” means the dynamic complex. of plant, animal and micro-

organism communities and their non-

ig environment interacting as a

functional unit.



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(m)

(s)

“Endangered Species” refer to species or subspecies that are not critically
endangered but whose survival in the wild is unlikely if the causal factors
continue operating,

“Endemic Species” refer to species or subspecies of flora and fauna which are

naturally occurring and found only within specific areas in the country.

Exotic Species” refer to species or subspecies of flora and fauna which do not
naturally occur within the protected area at present or in historical time.
“Habitat” means a place or type of environment where species or subspecies
naturally occurs or has naturally established its population.

“Hunting” refers to collection of wild fauna for food and/or recreational
purposes with the use of weapons such as guns, bow and arrow, spear and the
like.

“Management Board” refers to the Management Board of the PPL,
“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.

“PPL” refers to the Pamitinan Protected Landscape,

“PPL Fund” refers to the revolving find to be established for the purpose of
financing projects in the PPL.

“Mineral” refers to all naturally occurring inorganic substance in solid, gas.
liquid. GF7any “Théeimediaté State including energy materials such as coal,
petroleum, natural gas. radioactive materials, and geothermal energy.

“National Integrated Protected Areas System (NIPAS)” refers to the

classification and administration of all designated protected areas to maintain



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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.

“NIPAS Act” refers to the National Integrated Protected Areas System Act
(NIPAS) of 1992 or Republic Act No. 7586. and its Implementing Rules and
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 primarily
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 or a group of 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 (POY" refers to a group of organized migrant
communities and/or interested indigenous peoples which may be an
association, cooperative, federation, or other legal entity, established to
undertake cOlléefive" 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 aside by
reasons of their unique physical and biological significance, managed to
enhance biological diversity and protected against. destructive human

exploitation.


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

2 policy-making body created in accordance with Republic Act No. 7586 or the

NIPAS Act of 1992.
4 (2) “Protected Area Superintendent (PASu)” refers to the chief operating DENR

officer of the PPL.

6 (aa) “Protected Landscape” refers to an ares of national significance. which is

characterized by the harmonious interaction of man and land while providing

Bis opportunities for public enjoyment through recreation and tourism within the
9 normal lifestyle and economic activity of the area,
10 (bb) “Quarrying” means the process of extracting. removing and disposing quarry

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

‘Strict 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

14 ceremonial or religious. use. by the indigenous. cultural
is ‘communities/indigenous peoples: may include habitats of threatened species,
16 or degraded areas that have been designated for restoration and subsequent
7 protection, even if these areas are still in various stages of regeneration.

18 (dd) “Tenured Migrants” refer to forest occupants who have actually and
19 continuously occupied a portion of the protected area for at least 5 years.(add)
20 and are solely dependent therein for subsistence, as of the passage of this Act
a A. protected area occupant is understood to be “solely dependent for
2 subsistence” when everything indispensable for survival for the household.

23 including

food. clothing, shelter and health, comes only from the utilization of

24 resources from the protected area.



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6__-protected area and guide in the

(ee) “Wildlife” means wild forms and varieties of flora and fauna, in all
developmental stages, inchiding those which are in captivity or are being bred
or propagated.

SEC. 7. Management Plan. ~ There shall be a Management Plan promulgated for the

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

aration of its annual operations plan and budget.

Within one (1) year from the effectivity of this Act, the Management Plan shall have
been put into effect following the general management planning strategy provided for under
the NIPAS Act and according to the procedure herein set forth. It shall contain, among
others, the following:

(a) The category of the protected area;

(b) Period of applicability of the plan;

(c) Key management issues;

(d) Goals and objectives of management in support of Section 2 hereof,

(e) Site management strategy:

(1) Major management activities, such as, but not limited to enforcement of laws.
habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, and fire and pest control;

(g) Zoning; and

(h) Visitor management programs.

The Management Plan shall be prepared by the Protected Area Superintendent

(PASu) in coordination with the appropriate offices ol the department, local communities and

the NGOs. It shall be reviewed and approved by the PAMB and certified by the Secretary of

the Department, Such certification shall be mandatory to ensure that the plan conforms to all



laws 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

consultation with the PAMB, prior to certification to ensure conformity with applicable laws,
4 rules and regulations

A year before the expiration of the period of the applicability of the plan in effect, the
6 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
8 posted in the respective provincial and municipal halls of the concerned provinces and

9 municipaliti

sas well as in the barangay halls bounding or immediately adjacent to the
10 protected landscape. The proposed plan shall be niade available to the public during the
UL 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 in a language understandable in the area,

'4 SEC. 8. Management of the Pamitinan Protected Landscape (PPL). — There is
1S hereby created a PAMB which shall have jurisdiction, power and authority over the PPL. for
16 all matters that may affect biod seryation, protection and sustainable development.
17 It shall be composed of:

18 (1) The Regional Executive Director (RED) of DENR Region [V-A as chairperson:
19

(2) The Provincial Planning and Development Coordinator (PPDC) of the Province of

Rizal:

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

22. designated representative;
23 (4) The Barangay Chairman of San Rafael, Rodriguez, Rizal, or its duly designated
24

representative:


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(5) One (1) representative from each department or national government agency
directly involved in the PPL or has long term projects or permanent facility
located therein:

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

Each member of the PAMB shall serve for a term of five (5) years and shall be
considered to represent his or her sector and deeme:! to carry the vote of such sector in all
matters, In the case of members who are government officials. their appointment shall be co-
terminus with their terav-ef office. = > *

‘The members of the PAMB shall be appointed by the Secretary of the DENR in

conformity with the provi

jons of the NIPAS Act. As a transitory provision. the initial

members of the PAMB shall be nominated from the current members of the interim PAMB

of the PPL; Brovided,. That the PAMB shall include women as members.

The representatives from the Local Government Units (LGUs) and national agencies
in the PAMB shall include among their duties. the duty to inform their respective
constituents, office or sector, 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

reference and framework in their respective plans, policies, programs and projects. Failure to

comply with the foregoing shall subject such representative to disciplinary action as the
PAMB may provide.
‘The members of the PAMB shall not receive any salary but shall be entitled to

reimbursements 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 of the PAMB, subject to existing rules and regulations.

3 SEC. 9 Powers and Functions of the PAMB. — The PAMB of the Pamitinan
r * protected Landscape (PPL), which Shail decide by consensus or majority vote of the members
5 present constituting a quorum of majority of all the members. shall have the following
6 powers and functions in addition to those provided under Republic Act No, 7586 or the
7 NIPAS Act of 1992 and its implementing rules and regullations

(1).x7 Issue niles and regulations-to prohibit acts that may be prejudicial to the PPI
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
11 and effective means;

12 (3) Adopt rules and procedures in the conduct of business, including the creation
13 of committees to which its powers may be delegated:

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

1s (5) Establish criteria and set fees for the issuance of permits for activities
16 regulated by this Act or the management plan:

7 (6) Recommend the deputization of appropriate individuals for the enforcement of

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;

2m (8) Manage the allocation of the Pamitinan Protected Landscape Fund, and other

22. funds for the PPL, ensure their proper administration and render accounting: and

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

24 authorities.

“106


i The DENR, 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
3 application issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the
4 PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply the
5 rule or withdraw its application in PPL.

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

7 established a PASu Office within the DENR Regional Office to be in charge of the
8 management, protection and administration of the PPL. The PASu shall be supported by the
9 existing personnel of the DENR. The head of office shall be the chief operating officer of the

10 PPL and shall be directly accountable to the PAMB.

" ‘The PASu shall have full responsibility for the protection of land, water. wildlife and

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

13 the following duties and responsibilities in addition to those provided under the NIPAS and
14 its Implementing Rules and Regulations:

15 (1) Establish. operate and maintain a daiabase management system as decision
16 support tool;

7 (2) Prepare the management plans as herein defined;

tee (3) Providesa-secretariat for the PAMB and supply the PAMB with all the
19 necessary information to make appropriate decisions for the implementation of this Act:

20 (4) Enforce the laws, rules and regulations relevant to the PPL. institute and file

21 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:

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

24 management plan:

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(6) Recommend the issuance of permits 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 Government Unit levels; and

(8) Perform such other functions as the PAMB may delegate.

‘The PASu shall be supported by sufficient number of personnel who shall be
pertorming day to day management, protection and administration of the PPL. Upon the
recommendation of the PAMB, the DENR Regional Executive Director shall deputize local
community leaders and environment and natural resource officers.

SEC. 11. 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
area 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
revalving fiynd to be known as.the PPL.-Fund for purposes of financing projects in the PPL,
Income shall be derived from fees from visitors/tourists, 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

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

“12


remaining twenty-five percent (25%) shall be remitted to the Central Integrated Protected
Areas Fund (IPAF).
The PPL Fund may be augmented by grants. donations, endowment from various

sources, domestic or foreign. for purposes related to their functions: Provided, That

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

and management of the system, and duly approved projects endorsed by the PAMB in

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

‘The LGUs shall continue to impose and collect all other fees not enumerated herein

“which they’ have traditionally Collected” such as business permits and rentals of LGUs

facilities. Provided, that the LGUs shall not impose property tax and issue new tax
declaration for areas covered by the PPL. Furthermore, LGUs may charge add-ons to fees
imposed by the PAMB provided that such add-ons shall be based on the contribution of the
1.GUs in the maintenance and protection of the PPL.

SEC. 13. Tenured Migrants and Other PPL Stakeholders, ~ Tenured Migrants shall
be eligible to become stewards of portions of lands within allowable zones. The PAMB shall
identity, 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
instrument consistent with the zoning provided in the Management Plan.

Should areas occupied by Tenured Migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development. provision for the transfer of said Tenured Migrants to multiple use zones or

buffer zones shall be accomplished through just and humane means.



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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.

SEC. 14, Existing Facilities Within the PPL. — Witt ixty (60) days from the
effectivity of this Act, existing facilities such as roads, buildings. water systems, transmission
lines, 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 liable to pay a fine of Five thousand pesos (P5,000.00) for every
violation. Upon reaching a total fine of Five hundred thousand pesos (P500,000,00), the
PAMB through the PASu and deputizing other government entities. shall cause the cessation
and demolition of the facility at the cost of its owner.

Existing faci

s 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-

enewable Resources. ~ Any exploration and

exploitation or utilization of nonrenewable resources including mining within the PPL shall

not be allowed. Renewable energy projects wit

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)

-£?4_--megawatt capacity for mini-hydro pewer:-Provided, That these renewable energy projects are

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1 outside the strict protection zone, adopt reduced impact technologies. and undergo the
2. Environmental Impact Assessment (EIA) system as provided by law and: Provided. further,
3. That the PAMB has endorsed the project.

4 SEC. 16. Special Prosecutor and Retained Counsel. — Within thirty (30) days from
5 the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special prosecutor
6 to whom all cases of violation of laws, rules and regulations in the PPL shall be assigned.
7 Such Special Prosecutor shall coordinate with the PAMB and the PASu in the performance of
8 his/her duties and assist in the training of wardens and rangers in arrest and criminal
9 procedures, The PAMB may retain the services of counsel to prosecute and/or assist in the
10 prosecution of cases under the direct control and supervision of the regular or special

11 prosecutor and to defend the members of the PAMB. the PASu and the staff. or any person

sting in the protection, conservation and sustainable development of the PPL., against any’

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

4 delegated or tasked by the PAMB,

1s SEC. 17, Local Government Units. - The local government units (LGUs) within the
16 PPL. shall participate in its management through representation in the PAMB as provided
17 under Section 8 hereof. Said LGUs may appropriate portions of their share from the annual
T$-~intetinal revenue allotment and ther Incme for use of the PPL: Provided, That all funds
19. directly coming from the LGUs shall be exempted from the twenty-five percent (25%)
20 remittance requirement for the central Integrated Protected Area Fund (IPAF).

2 SEC. 18. Prohibited Acts and Penalties, ~ ‘the following shall be the prohibitions
22. and penalties applicable to the PPL, in addition to the prohibited acts as provided in the

23. NIPAS Act and its Implementing Rules and Regulations:

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(A). The penalties and qualifications prescribed in Articles 309 and 310 of the

Revised Penal Code, depending on the value of the resources involved in connection with the

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

imposed upon any person who

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Q)

QB)

@)

(6)

Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic
plants or animals, flora or fauna, sand, rocks or by-products 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 PPL.

including private lands without the necessary permit, authorization or
exemption:

Possesses or transports, within or outside the PPL any timber, forest products.
wild terrestrial or aquatic plants, animals, or by-products derived therefrom
which is ascertained to have been taken trom 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 endangered or protected species, except
when collection or removal is for scientific research and exempted from the

prohibition by the PAMB:

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a)

hundred thousand pesos (P300.000.00) or impri

Conducts“bioprospecting Within the PPL without prior PAMB approval in
accordance with existing guidelines:
Engages in kaingin, or, in any manner, causing forest fires inside the PPL: or

Establishes or introduces any exotic species, within the PPL, w

hare

Setrimental to endemic species and the ecosystem therein.

onment from one (1) year but not more

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

a)

Q)

@)

(4)

(5)

Violates any rules and regulations in the management plan or by the PAMB or
agreements reached before the PAMB in the exercise of adjudicative functions;
Erects any structure on land or on water for any purposes outside management
plan, duly allowed by the PAMB: Provided, That large-scale private
infrastructure and other projects such as medium to high density residential
subdivisions. medium to large commercial and industrial establishments, heavily
mechanized commercial and non-traditional farming, and other activities that
cause increased in-migration and resource degradation are absolutely prohibited;
Possesses a chainsaw, hacksaw and other mechanized equipment within the PPL.
without a permit;

‘Throws, dumps or causes to be dumped into the PPL any non-biodegradable
material or waste whether liquid, solid or gas:

Uses, dumps, places or causes to be placed into the PPL toxic chemicals and

non-biodegradable products. including pesticides and other hazardous
substances. soaps and shampoos. and washing detergents. unless the same is

expressly allowed in the management plan:

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

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

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

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

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

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

Valuation of the damage for this Act shall take into account biodiversity and
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: or conspire to commit any of the illegal acts
prohibited in this Act or suffer their workers to commit any of the same shall be liable in the
same manner as the one actually performing the act.

All conveyances. vessels, equipments, paraphernalia, implements, gears, tools and

similar devices shall be subject to immediate and administrative confiscation, independent of

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

process and substantial evidence requirements, When legal action is however, filed in the

gular courts, the Said conveyances, vessels, equipments, paraphernalia, implements, gea

tools and similar devices, independent of the administrative proceedings, shall not be released

until after judgment has been rendered, Proceeds of the sale of all objects administratively or

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1 judicially confiscated pursuant hereto shall accrue to the PPL Fund. Procedure for the sale
2 thereof shall be promulgated by the PAMB. However, in no case shall any confiscated or
3 rescued protected animal 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 thi

ction shall be in addition to the penalties contained in
7 Republic Act No. 9072 (National Caves and Cave Resources Management and Protection
8 Act), Republic Act No, 9147 (Wildlife Resources Conservation and Protection Act). and
© other related laws. Ss ote

10 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
| accomplishment report to the Secretary of the DENR on the activities undertaken in
14 the PPL,

Is

SEC. 20. Appropriations, ~ The Secretary of the DENR shal! 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 migrants, for present and future Filipino
22 generations.

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

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1 SEC. 22. Transitory Provision. — In order to ensure the recovery and restoration of
2 biological diversity~~and"~ to- develop sustainable livelihood opportunities for Tenured
Migrants, the DENR shall henceforth cease to issue concessions, licenses, permits
clearance, compliance documents or any other instrument that allows exploitation and

3
4
5 utilization of resources within the PPL until the Management Plan shall have been put into
6 effect.

7

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

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

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

15 SEC. 24. Separability Clause.—Ifany part of section of this Act is declared by the
16 courts as unconstitutional, such declaration shall not affect the other parts or sections hereof.
17 SEC, 25. Effectivity Clause.~This Act shall take effect fifteen (15) days after
18 publication in the Official Gazette or in two (2) national newspapers of general circulation.
19 Approved.

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