FOURTEENTH CONGRESS 
1 
7 JtN 30 p3:ii;; 
OF THE REPUBLIC OF THE PHILIPPINES ) 
.
I
 
I ,.&\ 
FIRST REGULAR SESSION 
) 
< 1. ~~~~~V~~ 
SENATE 
-: 
Senate Bill No. 17 6 
Introduced by Sen. M.A. Madrigal 
EXPLANATORY NOTE 
The Agusan Marsh Wildlife Sanctuary has an area of 14,856 hectares and a 
buffer zone of 4,630 hectares spanning six municipalities in Agusan del Sur with 
an “Extremely High Critical” conservation status. 
It has two types of ecosystems, the swamp forest and the peatland which 
can be found only in the Agusan Marsh. 
The Agusan Marsh Wildlife Sanctuary is home to thirty-one species of 
flowering plant, one hundred twenty-seven species of birds, forty-one species of 
reptiles, and ten (10) species of mammal. It is also home to rare butterflies. 
It has the largest fresh water wetland ecosystem in the Philippines 
supporting more than fifteen percent (15%) of fresh water resource in the 
country, it being the catch basin of the Agusan-Davao plain. 
Due to its biodiversity and ecological significance, the Agusan Marsh 
Wildlife Sanctuary was declared a protected sanctuary in 1996 through 
Presidential Proclamation No. 913. 
In line with the State’s policy of securing for the Filipino people of present 
and future generations the perpetual existence of all native plants and animals, it 
is incumbent upon the Congress to enact a law to provide for the management, 
protection, sustainable development and rehabilitation of the Agusan Marsh 
Wildlife Sanctuary. This shall be established within the framework of the 
National Integrated Protected Area System (NIPAS) Act, or Republic Act of 7586, 
while considering the welfare and recognizing the rights of all the communities 
living therein especially the indigenous peoples. 
Passage of this Bill is thus urgent before the treasures of Agusan Marsh 
Wildlife Sanctuary are lost to the Philippines and the world. 


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FOURTEENTH CONGRESS 
1 
OF THE REPUBLIC OF THE PHILIPPINES ) 
7 JIM 30 P3:C:" 
FIRST REGULAR SESSION 
1 
SENATE 176 
S. B. No. 
Introduced by Sen. M.A. Madrigal 
AN ACT 
DECLARING THE AGUSAN MARSH IN THE 
PROVINCE OF AGUSAN DEL SUR AS A 
PROTECTED 
AREA 
AND 
FOR 
OTHER 
PURPOSES. 
Be it enacted by the Senate and House of Repyesentatives of tlze Plzilippines in Congress 
assembled: 
SECTION 1. Title. - This Act shall be known as the "Agusan Marsh 
Protected Area Act of 2007". 
Sec . 2. Declaration ofPolicy. - Cognizant of the unique biological resources 
and the aesthetic, economic and ecological importance of Agusan Marsh, it is 
hereby declared the policy of the State to protect and preserve its natural 
biodiversity and to promote the welfare of the human communities therein, their 
culture and way of life insofar as they are in harmony with nature. Towards this 
end, the State shall ensure the protection and conservation of the Agusan Marsh 
through sustainable and participatory development, and promote the rights of 
legitimate inhabitants therein and their customary laws. 
Sec. 3. Scope. - The Agusan Marsh Protected Area is located in the 
municipalities of Talacogon, San Francisco, Rosario, Bunawan, Loreto and Lapaz, 
all in the Province of Agusan del Sur, and covers a total area of forty thousand 
eight hundred sixty-eight (40,868) hectares, more particularly described as 
follows: 
CORNER 
I 
2 
3 
4 
5 
6 
7 
8 
LONGITUDE 
125" 49' 04.79" 
125"48' 12.00'' 
125" 47' 45.61" 
125" 46' 53.11" 
125" 46' 05.20" 
125' 44' 49.47" 
125' 45' 43.53" 
125"46'23.31" 
LATITUDE 
8'23' 42.52" 
8' 25' 04.99" 
8" 25' 27.43" 
8'95' 26.43" 
8"25' 00.65" 
8'24' 26.12" 
8" 28' 35.42" 
8" 28' 24.47" 


9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
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24 
25 
26 
27 
28 
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41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
125' 46' 35.47" 
125"47' 14.00" 
125" 48' 16.02" 
125'48' 35.62" . 
125" 52' 15.30" 
125' 52' 12.24 
125"54' 03.83" 
125" 48' 12.00" 
125' 54' 56.89" 
125' 55' 32.73" 
125'55' 42.83" 
125" 56' 25.83" 
125"56' 45.39" 
125" 55' 52.45" 
125" 55' 06.62' 
125" 54' 44.48" 
125" 54' 49.22" 
125' 56' 56.36" 
125' 57' 40.79" 
125" 57' 16.33" 
125' 56' 36.83" 
125' 56' 58.78" 
125'58' 33.34" 
125" 56' 13.01" 
125"55' 27.53" 
125" 55' 22.90" 
125'55' 25.98" 
125"54' 59.50" 
125'55' 05.08" 
125"55' 06.25" 
125" 56' 42.60" 
125' 55' 17.88" 
125'55' 20.34' 
125"56' 51.60" 
125'57' 08.70" 
125" 56' 07.40" 
125" 55' 40.71" 
125"54' 
53.29" 
125"55' 02.79" 
125"54' 
59.01" 
125"54' 46.68" 
125' 54 45.83" 
125"54' 34.49" 
125'54' 26.59" 
125"54' 
14.53" 
125" 54' 26.17" 
125"54' 22.61" 
125'54' 18.04" 
8' 27' 47.25" 
8"26' 14.00" 
8"26' 04.35" 
8' 25' 20.29" 
8"27' 07.15" 
8'27' 30.98" 
8" 28' 38.32" 
8'29' 04.84" 
8' 29' 00.92" 
8" 28' 18.88" 
8" 26' 46.73" 
8" 26' 49.89" 
8'25' 42.12" 
8"'24' 59.17" 
8" 24' 26.48" 
8" 23' 45.67" 
8"23' 37.35" 
8" 22' 58.64 
8" 22' 04.75" 
821' 28.91" 
8'21' 19.18" 
8"20' 35.91" 
8'16' 13.41" 
8" 14' 44.96" 
8" 13' 52.44" 
8" 12' 55.75, 
8%' 18.40" 
8"12' 
11.61" 
8'12' 01.15" 
8" 11' 35.18" 
8"09' 
45.79" 
8'09' 41.73" 
8" 08' 55.13" 
8"08' 50.51" 
8'08' 
43.18" 
8'08' 12.90" 
8"08' 09.85" 
8'08' 36.84" 
8"08' 49.79" 
8'09' 09.17" 
8"09' 11.63" 
8'08' 59.76 
8'08' 33.42" 
8'08' 10.15" 
8"07' 52.51" 
8'07' 46.37" 
8" 07' 32.20" 
8"07' 26.21" 


57 
58 
59 
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62 
63 
64 
65 
66 
67 
6s 
69 
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71 
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125' 52' 50.11" 
125" 53' 10.52'' 
125' 53'20.71" 
125" 53' 11.80" 
125"53' 18.25" 
125O53'22.14 
125053' 34.51" 
125"53' 34.10" 
125'53' 39.04" 
125"53' 41.65" 
125'53' 34.33" 
125'52' 5.2..16" 
125'52' 32.21" 
125O52'22.57" 
125" 52' 09.78" 
125" 52' 22.S4 
125"052' 16.37" 
125'052' 04.64" 
125'052' 03.40" 
125"052' 06.67" 
125"051' 47.4s" 
125'51' 17.S7" 
125"51' 20.56" 
125"51' 04.98" 
125"50' 32.40" 
125'50' 18.71" 
125"50' 19.09" 
125'51' 14.98" 
125052' 17.17" 
125'52' 56.66" 
125"53' 53.33" 
125"53' 52.01" 
125"53' 20.80" 
125"52' 38.47" 
125"51' 29.53" 
125"50' 55.06" 
125"49' 54.07' 
125"49' 40.42" 
125"49' 37.33" 
125"48' 30.19" 
8"07' 20.68" 
8" 07' 31.73" 
8"07 46.84 
8"08' 09.03" 
8"08' 48.88" 
8"09' 29.74" 
8'09' 30.33" 
8'09' 49.88" 
8"10' 14.43" 
8"ZO' 28.27" 
8'10' 54.15" 
8"1027.71" 
8'10' 31.70" 
8"10' 38.02" 
8"11' 12.20" 
8"ll' 12.06" 
8"11' 16.37" 
8"11' 36.52" 
8'12' 03.8s" 
8" 12' 14.26" 
8'12' 46.53" 
8"12' 56.01" 
8'15' 00.30" 
8"15' 03.84" 
8'15' 45.76 
8" 16' 11.78" 
8'16' 37.70 
8"16' 59.06" 
8' 17' 29.35" 
8"17' 38.54" 
8"18' 05.11" 
8'18' 46.58" 
8"19' 14.36" 
8"19' 13.76" 
8" 18' 17.95" 
8"17'52.19" 
8'17' 58.93" 
8" 18' 07.45" 
8"19' 13.68 
8"20' 26.87" 
Any modification to the protected area (PA) boundary due to factors such 
as changing ecological situations, new scientific or archaeological findings, or 
discovery of traditional boundaries shall be made through an act of Congress, 
after full consultation with the affected public and concerned government 
agencies. 


Considering the character of Agusan Marsh as a catch basin, this section 
shalI not preclude the Protected Area Management Board (PAMB), created in 
Section 6 herein, or the Department of Environment and Natural Resources 
(DENR) from taking appropriate action outside the PA to prevent any adverse 
effects thereto such as, but not limited to, wastes from industries and run-offs 
from all areas that feed into the Agusan Marsh. 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms 
are defined as follows: 
(a) "Ancestral domains/ancestral lands" refers to all areas generally 
belonging to indigenous cultural communities comprising lands, inland waters 
and natural resources therein, held under a claim of ownership, occupied or 
possessed by indigenous cultural communities, by themselves or through their 
ancestors, communally or individually since time immemorial, continuously to 
the present except when interrupted by war, force majeure or displacement by 
force, deceit, stealth or as a consequence of government projects or any other 
voluntary dealings entered into by government and private individuals or 
corporations, and which are necessary to ensure their economic, social and 
cultural welfare. It shall include ancestral lands, forests, pasture, residential, 
agricultural and other lands individually owned whether alienable and 
disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies 
of water, mineral arid other natural resources, and lands which may no longer be 
exclusively occupied by indigenous cultural communities but from which they 
traditionally had access to for their subsistence and traditional activities, 
particularly the home ranges of indigenous cultural communities who are still 
nomadic and/or shifting cultivators. 
@) "Biodiversity" refers to the variety and variability among all living 
organisms and the ecological complex in which they occur. 
(c) "By-products" refers to any part taken from wild species such as hides, 
antlers, feathers, fur, teeth, claws, internal organs, eggs, roots, trunk, branches, 
leaves, stems, flowers, bark, including its derivatives such as blood, oils, resin, 
gum, seed, spores, pollen, oil, honey, beeswax and the like. 
(d) "Collection or collecting" refers to the act of gathering or harvesting 
wild flora and fauna species, and its by-products or derivatives, 
(e) "Commercial facilities" refers to the conduct of business whether 
private or governmental by natural or juridical persons with the purpose of 
securing an economic or resource surplus not needed. for immediate subsistence. 
(f) "Conservation" refers to the optimum use and management of natural 
resources in order to meet the needs and aspirations of the present and the 
future. 


(g) "Ecosystem" refers to the community of plants and animals, their 
physical environment and the interactions between or among them. 
(h) "Environmental Impact Assessment" refers to the Environmental 
Impact Assessment System established under Presidential Decree No. 1586 or 
supervening legislation. 
(i) "Exotic species" refers to species or subspecies that do not naturally 
occur within the country or within the bio-geographic region of the Philippines, 
within which the PA is situated. 
(j) "Fish/aquatic animals/products" refers to all fishes and other aquatic 
animals such as crustaceans, echinoderms, marine mammals and all other 
species of aquatic flora and fauna, and all other products of aquatic living 
resources in any form. 
(k) "Fishing" refers to the taking of fish, aquatic products or any aquatic 
flora and fauna in their wild state or habitat, with or without the use of fishing 
vessels. 
(I) "Forest products" refers to include 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, scenic, historical, recreational and geologic resources in forest lands. 
(m) "Indigenous cultural communities" refers to the indigenous cultural 
communities/indigenous peoples as defined in Republic Act No. 8371, otherwise 
known as the Indigenous Peoples' Rights Act of 1997, specifically the Manobos 
who reside within or are substantially dependent on the PA. 
(n) "Non-governmental organizations" refers to non-stock, nonprofit 
organizations with qualifications, expertise and objectivity in activities 
concerning community organizing and development, or resource and 
environmental conservation, management and protection related to the PA. 
(0) "People's organizations" refers to a group of people which may be an 
association, cooperative, federation, aggrupation of individuals or groups with 
an identifiable structure of decision-making and accountability, established to 
undertake collective action to address community concerns and needs in relation 
to the PA. 
(p) "Secretary" refers to the Secretary of the DENR. 
(9) "Tenured migrants" refers to individuals and households who have 
actually and continuously occupied such public lands which are not alienable 
and disposable within the PA before June 1, 1987 and are substantially 
dependent on the PA For their livelihood. 


SEC.5. The Agusan Marsh Protected Area Management Board. - There shall be 
a Protected Area Management Board (PAMB) which shall be the policy-making 
body of the PA. It shall be composed of 
(a) The Regional Executive Director (RED) of the DENR CARAGAXIII as 
chairman; 
(b) The Provincial Governor of Agusan del Sur as co-chairman; 
(c) The Provincial Planning and Development Officer of Agusan del Sur 
and/or a permanent representative from the same office as designated by the 
Provincial Governor; 
(d) The Municipal Mayors of all the municipalities comprising the Agusan 
Marsh Protected Area or their duly designated permanent representatives; 
(e) One barangay captain selected from among all the barangays of each of 
the municipalities comprising the Agusan Marsh Protected Area; 
(f) One representative from each tribal community in each of the 
municipalities comprising the PA selected by and among themselves according 
to customary rights; 
(g) Maximum of six representatives from peoples' organizations (POs) 
selected from among themselves in a meeting duly called among all POs for the 
purpose of selecting PAMB representatives; 
(h) Maximum of six representatives from non government organizations 
(NGOs) selected from among themselves in a meeting duly called among all 
NGOs operating in the PA for the purpose of selecting PAMB representatives; 
and 
(i) Representatives from government agencies operating within the PA as 
may be appointed by the above-listed members of the PAMB based on their 
relevance and potential contribution to the PA management. In the selection of 
representatives from NGOs and POs, preference shall be accorded to those 
organizations that are involved in the conservation and protection of the PA and 
in the field of development work. The representation of NGOs and POs shall be 
institutiona1, with consideration to balanced geographic representation. 
SEC.6. Term of Office of the PAMB Members. - Every member of the PAMB 
shall serve for a term of three years: Provided, however, That such member 
remains connected or affiliated to the sector or office he represents. If a vacancy 
occurs, a new member shall be chosen in the same manner as the original 
selection process. 
SEC.7. Representation of the Local Government Units (LGUs) and National 
Govevnment Agencies (NGAs) in the PAMB. - Representation of the local 


government units (LGUs) and national government agencies (NGAs) in the 
PAMB shall include the duty of appraising their respective constituents, office or 
sector, ensuring consistency between this Act, the Local Government Code, other 
relevant statutes and ordinances, and local and national development plans and 
projects. 
SEC. 8. Powers and Functions of the PAMB. - The PAMB of the Agusan 
Marsh Protected Area shall have the following powers and functions: 
(a) Issue all rules and regulations to prohibit and regulate acts that may be 
prejudicial to the PA and the buffer zone established herein; 
(b) Establish the criteria and set fees for the issuance of permits for the 
activities regulated by this Act, or the management plan; 
(c) Adopt rules of procedure for the conduct of business, roles and 
responsibilities, and discipline of the board members, and create committees as it 
may deem necessary, to whom its powers may be delegated; 
(d) Review, approve and adopt management plans and its implementing 
rules and regulations (IRRs) including, but not limited to, the establishment and 
delineation of the buffer zone, within or beyond the technical description 
provided in Section 3 of this Act, and other zones and the regulated and/or 
prohibited activities therein such as, but not limited to, multiple use zones, buffer 
zones, recreational zones and strict protection zones; 
(e) Oversee and evaluate the Office of the Protected Area Superintendent (PASu); 
(f) Deputize interested, capable and responsible individuals for the 
enforcement of the laws, rules and regulations governing conduct in the PA; 
(9) Accept donations, approve proposals for funding, budget allocations 
and exercise accountability over all funds that may accrue to the PA including, 
but not limited to, the Agusan Marsh Protected Area Fund; 
(h) Initiate civil or administrative proceedings, file criminal complaints 
and tale necessary legal action against individuals, associations, corporations or 
any entity destroying or contributing to the deterioration or destruction of the 
PA, in whatever degree, such as, but not limited to, the discharge of wastes or 
refuse which may affect the PA; 
(i) Participate in all stages of the environmental impact assessment process 
of projects which may potentially affect the PA, and in the monitoring thereof; 
(G) Review and approve or disapprove all projects and activities which 
may affect the PA; 
(k) Identify, verify and review all tenure instrument, land claims" and 
issuance of permits for resource use within the PA and recommend land 


reclassification and proper use of resources found therein consistent with the 
zoning of the PA as provided in the management or successor plans; 
(1) Require any government agency, office, board, private or public person 
(m) Participate in the selection and designation process of the DENR in 
to coordinate with the PAMB to achieve the objectives of this Act; 
the appointment of the PASu for the Agusan Marsh Protected Area; and 
(n) Establish an appropriate election process and elect from within the 
PAMB a responsible chairperson dedicated to the objectives of this Act. The 
Secretary shall exercise authority over the PAMB to ensure that it is acting within 
the scope of its powers and functions. In case of conflict between administrative 
orders of national application issued by the DENR pursuant to Republic Act No. 
7586, otherwise known as the National Integrated Protected Areas Act of 1992 or 
the NIPAS Act, and the rules and regulations issued by the PAMB, the Secretary 
of the DENR shall resolve such conflict. 
SEC.9. Protected Area Supevintendent (PASu) Office. - There is hereby 
established a Protected Area Superintendent's Office in charge of the 
management, protection and administration of the PA. The PASu shall be 
supported by the existing personnel of the DENR. The head of office shall be the 
chief operating officer of the Agusan Marsh Protected Area or the PA and shall 
be accountable to the RED of the DENR CARAGA-XI11 and the PAMB. The PASLI 
shall have the following powers and functions: 
(a) Prepare the management and successor plans as herein defined; 
@) Provide a secretariat for the PAMB which shall have the duty to supply 
the PAMB with all the necessary information for appropriate action; 
(c) Hire and supervise the necessary personnel to support operations as 
the budget made available by the PAMB may allow; 
(d) Establish a productive partnership with the local community, 
including groups interested in the achievement of the goals and objectives of the 
PA, and in the planning, protection and management thereof; 
(e) Develop and implement a park information, education and visitor 
program; 
(t) Enforce the laws, rules and regulations relevant to the PA, institute and 
file legal action independently or in collaboration with other government 
agencies or organizations and assist in the prosecution of offenses committed in 
violation of this Act; 
(9) Monitor all activities within the PA regarding its conformity with the 
management plan; 


(h) Issue PA permits based on terms, conditions and criteria established 
by the PAMB; and 
(i) Perform such other functions as the PAMB may delegate. 
SEC. 10. Management Plan. - The PASu Office shall prepare the 
Management Plan in consultation with the concerned offices of the DENR, the 
LGUs, local communities, NGAs and experts who may extend their services. The 
Management Plan shall be reviewed, approved and adopted by the PAMB, and 
verified and certified to by the Secretary that it conforms with all laws and rules 
and regulations issued by the DENR within one month from its submission. If 
any part or section of the Management Plan is inconsistent with existing laws or 
its IRRs, the Secretary shall certify the other provisions of the plan which are in 
accordance with law. Unless the Secretary accepts or adopts such inconsistent 
provisions, he shalI notify the PAMB of the provisions that needs modification or 
revision. 
The Management Plan shall serve as the mandatory guide to all activities 
relating to the Agusan Marsh Protected Area in accordance with the General 
Management Planning Strategy prepared and adopted pursuant to the NIPAS 
Act. The Management Plan shall contain, among others, the following: 
(a) Period of applicability of the plan preferably at least five years; 
(b) Key management issues; 
(c) Goals and objectives of management; 
(d) Site management strategy; 
(e) Major management activities such as, but not limited to enforcement of 
laws, habitat and wildlife management, sustainable use management, 
infrastructure development and maintenance, fire and pest control, etc.; 
(f) Establishment of zones and the regulated and/or prohibited activities 
therein such as, but not limited to, multipurpose use zones, buffer zones, 
recreational zones and strict protection zones. To avoid relocation, primary 
consideration shall be accorded to the traditional zones used which has proven 
to be sustainable and in consonance with the biodiversity and protection of the 
natural characteristics of the PA; 
(8) Visitor management programs; and 
(h) Livelihood project portfolio and investment plan development. 
SEC. 11. Subsequent Management Plans. - The PASu shall initiate the 
preparation of all subsequent management plans one year before expiration of 
the current plan. The PASu shall, as frequently as possible, cause the 


announcement and publication of notices on the proposed subsequent 
management plan thru radio stations heard over the PA and newspapers widely 
circulated therein. The PASu shall likewise post such notices in the provincial, 
municipal and barangay halls and in three other areas frequented by the public. 
Public hearings may be conducted on the subsequent management plan upon the 
written request of any interested party. 
The adoption, revision or modification of the subsequent management 
plan shall follow the same procedure as provided for in the Management Plan. In 
the event that no subsequent management plan is approved and adopted upon 
the expiration of the current management plan, the latter shall continue to be in 
effect subject to interim modifications or amendments as may be adopted by the 
PAMB. 
Unless otherwise specifically provided, nothing in this section and the 
immediately foregoing section shall be construed to limit the power of the PAMB 
to achieve the spirit and objective of this Act in the formulation of subsequent 
management plans. 
The management plans shall be written for easy understanding. If it is 
approved and adopted in a language other than Bisaya-Cebuano, the same shall 
be immediately translated to either of the latter and be made readily available for 
perusal to the general public at the PASu Office. 
SEC.12. Ancestral Lands and Domain. - The rights of the indigenous cultural 
communities to their ancestral domains shall be fully recognized. Traditional 
property regimes exercised by the indigenous cultural communities in 
accordance with their customary laws shall govern the relationships of all 
individuals within their communities with respect to all lands and resources 
found within ancestral lands. Indigenous cultural communities may apply for 
Certificates of Ancestral Domain Title (CADT) as provided in the Indigenous 
People's Rights Act of 1997 or Republic Act No. 8371. 
SEC.13. Construction and Pvesumptions in Favor of Indigenous Cultural 
Communities. - The provisions of this Act shall be construed liberally in favor of 
the indigenous cultural communities. Nothing herein shall be construed to 
impair or diminish prior or existing rights currently enjoyed by the indigenous 
cultural communities as provided by existing laws. 
Unless proven to be contrary to custom by clear and convincing evidence 
before the PAMB, the following presumptions shall govern: 
(a) All lands presently occupied by the indigenous cultural communities 
as well as those seasonally occupied according to their culture and traditions 
shall be presumed to be ancestral lands; 
(b) Rights and obligations within ancestral lands are presumed to be 
governed by customary law; 


(c) Rights and obligations within ancestral lands are governed by 
customary law and are presumed to be heId collectively by the indigenous 
community; and 
(d) Rights and obligations within ancestral lands proven to be held by 
individuals under customary law are presumed to be held in trust by such 
individuals for the whole community. 
Permits, licenses or whatever authorities required by this Act or any other 
statutes concerning the continued use, extraction or exploitation of forest 
products and/or possession or occupation of lands within the PA shall not be 
withheld without notice and due process from the indigenous cultural 
communities by the granting authority. 
SEC.14. Tenured Migrants. - Tenured migrants are those members of 
households who have actually and continuously occupied the PA since June 1, 
1987 and are substantially dependent on the PA for their livelihood, Tenured 
migrants shall be eligible to become stewards of portions of lands within allowed 
and designated zones. The PAMB shall identify, verify and review all tenure 
instrument, land claims and issuance of permits for resource use within the PA. 
The PAMB may also recommend the issuance of the appropriate tenure 
instrument consistent with the land classification, proper and allowed use of 
resources found therein and zoning provided in the management or subsequent 
management plans. 
All legitimate private rights of tenured migrants within the PA shall be 
protected in accordance with existing laws. Nothing herein shall be construed to 
mean any diminution of accrued rights earned by tenured migrants. If, however, 
areas occupied by tenured migrants are designated as zones in which no 
occupation or other activities are allowed pursuant to the attainment of 
sustainable development, provision for their transfer to multiple use zones or 
buffer zones shall be accomplished through just and humane means. 
In the event of termination of a tenure 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 most viable state consistent with the 
management plan and zoning thereof. 
SEC.15. Existing Facilities within the PA. - Within ninety (90) days from the 
effectivity of this Act, all commercial facilities existing within the boundaries of 
the PA with a total capitalization exceeding One million pesos (Pl,OOO,OOO.OO) 
shall submit to the PAMB through the PASu the following: 
(a) Environmental Impact Assessment or similar documents; 
(b) Environmental Compliance Certificate, if any; and 


(c) Developmental Plan, if any. 
Failure to submit the required information shall constitute a violation of 
this Act. Based on its submission, the PAMB, with the help of the DENR, shall 
assess such facility and its future plan and operation vis-a-vis the objectives of 
this Act. The PAMB may prescribe conditions for the operation of the facility to 
ensure that it does not contradict with the PA management objectives. If any of 
such conditions are violated, a fine of Five thousand pesos (P5,OOO.OO) for every 
day of violation shall be imposed. Upon reaching a total fine of Five hundred 
thousand pesos (P500,000.00), regardless of duration, the PAMB, through the 
PASu, deputizing other government entities it may deputize, shall cause the 
cessation and demolition of the facility at the cost of its owners. 
Existing facilities allowed to remain within the PA may be charged a 
reasonable fee by the PAMB based on the extent of its impact on environment 
and biodiversity. 
SEC.16. Utilization of 
Nonrenewable Resources. - Any exploration, 
exploitation or utilization of nonrenewable resources within the PA shall not be 
allowed. Energy projects, whether renewable or otherwise, shall be permitted 
only through an act of Congress: Provided, That exploitation of renewable energy 
up to five megawatts capacity shall be exempt from such requirement, subject to 
the Environmental Impact Assessment process and such other requirements that 
may be required by the PAMB. 
SEC. 17. Environmental Impact Assessment System. - Existing laws, rules and 
regulations relating to Environmental Impact Assessment shall be applicable to 
projects and activities intended for the PA. Issuance of the corresponding 
Environmental Compliance Certificate or the exemption thereto shall require the 
approval of the PAMB. 
SEC.18. Protection of Riverbanks and Water Level. -Lands, twenty (20) meters 
from the riverbanks within the PA that are not part of an ancestral domain claim 
shall be classified as public forest. It shall not be subject to private ownership, 
nor shall it be reclassified, except by Congress. Alienable and disposable lands 
over which no rights have yet ripened shall revert to the classification of forest. 
SEC. 19. Locnl G0vernmen.t Units (LGUs). - Local government units (LGUs) 
shall participate in the management of the Agusan Marsh Protected Area 
through representation in the PAMB. Each municipality/city with territory inside 
the PA shall also take the responsibility of ensuring that their watersheds and 
riverbanks are protected from erosion. The LGU retains its ordinance-making 
powers over the PA but must defer to the Management Plan, rules and 
regulations of the PAMB on matters relating to biodiversity conservation, 
protection and sustainable development. 
SEC.20. Agusan Marsh Protected Area Fund. - There is hereby established a 
trust fund to be known as the Agusan Marsh Protected Area Fund for purposes 


of financing projects of the PA. All income generated from the operation of the 
system or management of wild flora and fauna in the PA shall accrue to the fund. 
These income shall be derived from visitors/tourists fee, fees from permitted sale 
and export of flora and fauna and other resources from the PAS, proceeds from 
registration and lease of multiple-use areas, including tourism concessions, 
contributions from industries and facilities directly benefiting from the PA and 
such other fees and income derived from the operation of the PA. 
The fund may be augmented by grants, donations, endowment from 
various sources, domestic or foreign, for purposes related to their functions: 
Provided, That the fund shall be deposited as a special account in the National 
Treasury and 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,firrtkeu, 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, property tax and rentals of LGUs' facilities. Furthermore, LGUs may 
charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall 
be determined based on the contribution of the LGUs in the maintenance and 
protection of the PA. 
Sec. 21. Prohibited Acts. - The following shall be the prohibitions and 
penalties applicable to the Agusan Marsh Protected Area: 
(a) The penalties and qualifications prescribed in Article 309, on theft, and 
Article 310, on qualified theft, of the Revised Penal Code, depending on the value 
of the resources involved in connection with the prohibited act, shall be imposed 
upon any person who: 
(1) Hunts, takes, destroys, disturbs or possesses any timber, forest 
product, natural growing or wild terrestrial or aquatic plants, animals, flora or 
fauna or products derived therefrom, or any form of extraction or use of 
resources within particularly identified regulated or prohibited areas or zones in 
the PA including private lands, without the necessary PA permit, authorization 
or exemption as issued or promulgated by the PAMB; 
(2) Cuts, gathers, removes or collects timber or any forest products within 
particularly identified prohibited areas or zones in the PA including private 
lands, without the necessary PA permit, authorization or exemption as issued or 
promulgated by the PAMB; 
(3) Cuts, destroys any tree, shrubs or other erosion-preventing plants or 
builds or introduces any structure that would cause erosion in areas within 
twenty (20) meters from the riverbanks within the PA; 


(4) Possesses outside the PA any timber, forest products, wild terrestrial or 
aquatic plants, animals, flora or fauna so prohibited by the PAMB, or products 
derived therefrom which are ascertained to have been taken from the PA. It shall 
be presumed to have been taken from the PA if the subject plants, animals, flora 
or fauna are found in possession of persons or conveyances that have traveled to 
the PA in the past seventy-two (72) hours; and 
(5) Hunts, collects, removes or destroys endangered or protected species, 
except when collection or removal is for scientific research and is so exempted 
from this prohibition by the PAMB. 
(b) A fine of not less than One hundred thousand pesos (PIOO,OOO.OO) 
but not more than Five hundred thousand pesos (P500,OOO.OO) or imprisonment 
of not less than five years nor more than ten (10) years, or both, and the 
restoration and rehabilitation of the damage or when appropriate, the ejectment 
thereof, shall be imposed upon any person who: 
(1) Occupies, settles or possesses any portion of the PA; introduces 
improvements, agricultural or otherwise; or makes kaingin therein, not 
sanctioned by law or without the proper permit and authority as required by the 
PAMB; 
(2) Sells, buys, offers to sell or buy any real property or the rights thereof 
within particularly identified regulated or prohibited areas or zones in 
the PA: 
(3) With the use of force, intimidation, threat, deceit or taking advantage 
of the absence or tolerance of the rightful possessor/occupant/claimant, succeeds 
in occupying or possessing any portion of lands within the PA, against the will of 
the latter; 
(4) Uses explosives, noxious substances or electricity for fishing within the 
PA. Discovery of explosives, noxious or poisonous substances, electro-fishing 
devices and paraphernalia in the possession of a fisherfolk or discovery of fish 
caught through explosives, noxious or poisonous substances or electricity within 
and nearby fishing areas or in fishing boats shall constitute prima facie evidence 
that the possessor thereof committed the act herein prohibited; 
(5) Destroys, damages, mutilates, defaces or commits any acts of 
vandalism on any object of natural beauty, object of anthropological or cultural 
importance, or nonrenewable resource within the PA; 
(6) Throws, discharges or dumps any substance in any area within the PA 
and buffer zones, that is or potentially deleterious to plants, animals or 
inhabitants and the ecosystem of the PA; 
(7) Alters, removes, destroys or defaces any boundary markers, 
monuments or interpretative signs relating to the PA; 


(8) Causes damage to roads, trails and pathways; 
(9) Engages in any degree or form of mineral location/exploration, 
quarrying, or extraction; 
(10) Any public officer or officer of the law, who, in dereliction of the 
duties of his office, shall maliciously retrain from instituting prosecution for the 
punishment of violators of the law, or shall tolerate the commission of offenses. 
Conviction of 
this offense shall also carry the penalty of perpetual 
disqualification from public office; and 
(11) Any person who obstructs or hinders any enforcement of this Act, its 
related laws, rules and regulations. 
(c) A fine of not less than Five thousand pesos (P5,OOO.OO) nor more than 
One hundred thousand pesos (P 100,000.00) 
or imprisonment from one year to 
six years, or both, shall be imposed upon any person who: 
(1) Violates any rules and regulations promulgated by the PAMB or its 
duly authorized delegate or any agreement or commitment reached before the 
PAMB; 
(2) Deals in any product illegally derived from the PA such as, but not 
limited to, selling, buying, offering to sell or buy any timber, forest product, 
natural growing or wild terrestrial or aquatic plants, animals, flora or fauna or 
products derived therefrom, or any resource from within particularly identified 
regulated or prohibited areas or zones in the PA, without the necessary permit, 
authorization or exemption for the utilization and/or extraction thereof as 
provided by this Act and other existing laws, rules and regulations; 
(3) Uses any equipment which facilitates extraction of resources, 
regardless of such intention or purpose, within the PA without the necessary PA 
permit or authorization; 
(4) Leaves in exposed or in unsanitary condition debris, refuse or garbage 
anywhere within the PA; and 
(5) Enters any portion of the PA for purposes of mountain climbing, 
camping, spelunking, study, research or recreational visit without the necessary 
permit or authorization. 
If a corporation, organization, partnership or association commits the act, 
the penalty shall be imposed on the chief executive officer and/or board of 
trustees of the corporation, organization or managing partner of the partnership 
or association. Valuation of the damage 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. 
Sec. 22. Administrative Confiscation and Fine. - Administrative proceedings 
for violation of the foregoing prohibited acts shall proceed independently and 
without prejudice to judicial action. The PAMB, through the PASu, is hereby 
empowered to impose an administrative fine ranging from Five thousand pesos 
(P5,OOO.OO) to One hundred fifty thousand pesos (PI50,OOO.OO) and/or the 
cancellation of permit or license issued. Decisions of the PASu may only be 
appealed to the PAMB. 
AI1 conveyances, vessels, equipment, paraphernalia, implements, gear, 
tools and similar devices shall be subject to immediate administrative 
confiscation by the PASu Office upon apprehension without prejudice to 
criminal action. Upon filing of criminal action in the regular courts, said 
conveyances, vessels, equipment, paraphernalia, implements, gear, tools and 
similar devices shall be under custodia legis but shall continue to be subject to 
administrative confiscation and may only be released to the owner pending trial 
by the trial court, upon consultation with the PASu and with proper 
consideration of the pending administrative proceedings and the potential 
forfeiture of the said objects. 
Administrative fines collected and the proceeds of the sale of all objects 24 
administratively or judicially confiscated or forfeited pursuant hereto imposed 
shall accrue to the Agusan Marsh Protected Area Fund. The PAMB shall 
promulgate the procedure for the sale. 
Sec.23. Special Pmecutou. - Within thirty (30) days from the effectivity of 
this Act, the Department of Justice 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 hidher duties and assist in the training of wardens and rangers 
in arrest and criminal procedure. 
Sec.24. Special Counsels. - 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 regular or special prosecutor and to defend 
the members of the PAMB, the PASu and the staff, or any person assisting in the 
protection, conservation and sustainable development of the PA, against any 
legal action related to their powers, functions and responsibilities as provided in 
this Act or as delegated or tasked by the PAMB. 


Sec.25. Appropriations. - The Secretary of the DENR shall immediately 
include in the Department's program the funding for the proper implementation 
of this Act, which shall be included in the annual General Appropriations Act. 
Sec. 26. Implementing Rules and Regulations. - Ninety (90) days after the 
effectivity of this Act, the DENR, in consultation with the interim PAMB, 
concerned LGUs and NGOs, shall promulgate the implementing rules and 
regulations for the effective implementation of the provisions of this Act. 
Sec. 27. Applicability of Existing Laws. - The provisions of this Act shall be 
construed liberally in favor of achieving biodiversity conservation, protection 
and sustainable development. The provisions of 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 
hereto shall have suppletory effect in the implementation of this Act. 
Sec. 28. Separability Clause. - If any part or provision of this Act is declared 
unconstitutional, such declaration shall not affect the other parts or provisions 
hereof and shall continue to be in full force and effect. 
Sec.29. Repealing Clause. - All other existing laws, rules and regulations 
inconsistent with this Act are hereby repealed or modified accordingly. 
Sec. 30. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a national newspaper of general 
circulation readily available in the PA. It shall be translated in Bisaya-Cebuano 
by the DENR within thirty (30) days from approval hereof and shall be published 
once in a newspaper of general circulation in both English and Bisaya-Cebuano 
versions. Both English and Bisaya-Cebuano versions shall likewise be posted for 
three consecutive weeks starting on the day of publication in a conspicuous place 
in the provincial, municipal and barangay halls within the PA as well as in three 
other places frequented by the public. 
Approved,