HOUSE °F REPRESENTATIVES
RECENWED
Republic of the Philippines pave. 08 AUG 2016

HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

House BillNo. 2605

Introduced by Congresswoman MARIA VIDA ESPINOSA BRAVO

EXPLANATORY NOTE

Cognizant of the profound impact of human activities on all components of the natural
environment particularly the effect of increasing population, resource exploitation and industrial
advancement; recognizing the critical importance of protecting and maintaining the natural and
physical diversities of the environment notably areas of unique biological significance in order to
sustain life; taking into account the socio-cultural, economic, aesthetic and environmental values
of the ecosystem of Mount Diwata Watershed Forest Reserve (MDWER) and its surrounding
areas of Barangays pil, Buenasuerte, Salvacion and Buenos Aires in the Municipality of San
Fernando, Province of Masbate particularly its crucial Upland and Watershed Forest Ecosystem
with the presence of Secondary growth dipterocarp and planted species of Philippine Mahogany
Group (PMG) and other Forest Vegetation and presence of Mount Diwata Natural Spring Waters
and SinibaranRiver considered the sources of water both for domestic and agricultural purposes
not to mention also the prime eco-tourism potential in the Municipality of San Fernando and as
come on to all tourist both domestic and international, the diversity of its flora and fauna with
some endemic species; and finally, in pursuit of the State’s duty to protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature, it is hereby declared the policy of the State to secure for the Filipino people to present
and future generations the protection and conservation of Mount Diwata Watershed Forest
Reserve (MDWER) and its surrounding areas in accordance with Republic Act No. 7586 or the
National Integrated Protected Areas System (NIPAS) Act of 1992 and international conventions
to which the Philippines is a signatory

Pursuant to the above policy, the NIPAS Act and as provided herein, Mount Diwata
Watershed Forest Reserve and its surrounding vicinities with boundaries as described hereunder,
is hereby declared and established as a protected area under the category of a Natural Biotic Area
to be known as the Mount Diwata Natural Biotic Area (MDNBA),

The Bill proposes for the declaration of the said watershed forest reserve and its
surrounding areas as a Natural Biotic Area and providing funds for the purpose.

Approval of this Bill is earnestly sought.

IA VIDA ESPINOSA BRAVO.
[Representative
First (1") District of Masbate


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session
House Bi £b00

Introduced by Congresswoman MARIA VIDA ESPINOSA BRAVO

AN ACT
DECLARING THE MOUNT DIWATA WATERSHED FOREST RESERVE AND ITS
SURROUNDING AREAS SITUATED IN THE MUNICIPALITY OF SAN FERNANDO,
TICAO ISLAND, PROVINCE OF MASBATE AS NATURAL BIOTIC AREA,
PURSUANT TO REPUBLIC ACT 7586, OTHERWISE KNOWN AS THE NATIONAL,
INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992.

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

Article I — Title, Policies and Scope

. This Act shall be known as the MOUNT DIWATA NATURAL
(MDNBA) ACT OF 2016

BIOTIC AR

Section 2, Statement_of Policy. Cognizant of the profound impact of human
activities on all components of the natural environment particularly the effect of increasing
population, resource exploitation and industrial advancement; recognizing the critical importance
of protecting and maintaining the natural and physical diversities of the environment notably
areas of unique biological significance in order to sustain life; taking into account the socio-
cultural, economic, aesthetic and environmental values of the ecosystem of Mount Diwata
Watershed Forest Reserve (TWFR) its surrounding areas of Barangays Ipil, Buenasuerte,
Salvacion and Buenos Aires, Municipality of San Fernando, Province of Masbate particularly its
crucial Watershed and Forest Ecosystem with the presence of Secondary growth dipterocarp and
planted Philippine Mahogany and other Forest Vegetation which is considered the sources of
potable and agricultural water in the surrounding Barangays of Mount Diwata and considering
also the ecotourism potential of the Mount Diwata Natural Spring and the Sinibaran River
present thereat which can cater to both local and international tourists, the diversity of its flora
and fauna with some endemic species; and finally, in pursuit of the State’s duty to protect and
advance the right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature, it is hereby declared the policy of the State to secure for the Filipino
people of present and future generations the protection and conservation of Mount Diwata
Watershed Forest Reserve (MDWER) and its surrounding areas in accordance with Republic Act


No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992 and
international conventions to which the Philippines is a signatory.

Section 3, Declaration of Poliey.- Pursuant to the above policy, the NIPAS Act and
as provided herein, Mount Diwata Watershed Forest Reserve (MDWER) and its surrounding
vicinities with boundaries as described hereunder, is hereby declared and established as a
protected area under the category of a Natural Biotic Area to be known as the Mount Diwata
Natural Biotic Area (TNBA).

Section 4. Definition of Terms.~ For purposes of this Act, the following terms are
hereby defined:

(a) “Mount Diwata Natural Biotic Area” or “protected area” refers to the Mount Diwata
Natural Biotic Area as established herein;

(b) “Genetically Modified Organisms” or GMO means any living organism that
possesses a novel combination of genetic material obtained through the use of modern
biotechnology through in viro nucleic acid techniques, including recombinant
deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or
organelles, or fusion of cells beyond the taxonomic family, that overcome natural
physiological reproductive or recombination barriers that are not techniques used in
traditional breeding and selection

(c) “LGUs” shall pertain to local government units within the Mount Diwata Natural
Biotic Area;

(4) “PAMB" refers to the Mount Diwata Natural Biotic Area Protected Area
Management Board;

(c) “PAMO” ~ Protected Area Management Office;

(f) “PASO” shall refer to the Protected Area Superintendent Office comprised of the
PASu and his/her staff;

(g) “PASu” refers to the Protected Area Superintendent.

(h) “Protected species” shall refer to any plant or animal declared protected under
Philippine laws and international conventions, including species listed under the
Convention on International Trade of Endangered Species (CITES) and all its
Annexes, the Bonn Convention on Migratory Species, the Red-list Categories of the
World Conservation Union (IUCN), or any plant or animal which the PAMB may
deem critical for the conservation and preservation of the Mount Diwata Natural
Biotic Area (MDNBA).

Section 5. Scope. The Mount Diwata Natural Biotic Area (TNBA) shall cover
parcels of land located within the Municipality of San Fernando, Ticao Island, Province of
Masbate, containing an area of THREE HUNDRED FIFTY (350)hectaresunder Presidential
Proclamation # 369 dated May 02, 1994 subject to ground survey with the following technical
description:


Beginning at a point marked “I” $ 12° 05° W, 3,360.92 meters from BLLM No. | of
Barangays Ipil to Buenasuerte to Salvacion to Buenos Aires, Municipality of San Fernando
Province of Masbate to corner 1,

thence S 28° 05°00"E 42.25 meters to corner 2

thence S 48°38°00"E 98.20 meters to corner 3

thence $41°32° 00"E 169.35meters to corner 4

thence $58°59*00"E 95.86meters to comer 5

thence 46°08" 00"E. 52.88 meters to corner 6

thence $25°31° 00"E, 117.29 meters to corner 7

thence 06°32” 00"W. 260.41 meters to corner 8

thence $24°49° 00°W 319.43 meters to corner 9

thence $37°24° 00"W 257.08 meters to comer 10
thence $30°28° 00" 71.13 meters to corner 11
thence $ 54°10" 00" 32.59 meters to corner 12
thence 65°15’ 00"W 146.44 meters to corner 13
thence $56°49° 00" W 135.21 meters to corner 14
thence N77°42’ 00"W 21.10 meters to corer 15
thence N49°55° 00"W 171.57 meters. to comer 16
thence N 76°28" 00"W 122.31 meters to corner 17
thence 54°57" 00" W 73.81 meters to corner 18
thence N64°24" 00"W 113.23 meters. to corner 19
thence $56°13° 00" W 262.39 meters to corner 20
thence $04°15° 00°W 45.60 meters to corner 21
thence N45°28°00"W 84.50 meters to corner 22
thence N1S°21°00"W 193,52meters, to corner 23
thence N42°11700"W 275.28 meters to corner 24
thence N31°43°00"°W 253.20 meters to corner 25
thence N19°50°00"W 136.88meters. to corner 26
thence NO7°10°00"E 115.08 meters to corner 27
thence NO05S°45°00"E_ 145.77 meters to corner 28
thence 209.06 meters to corner 29
thence N41°43°00"W_ 299.58 meters to corner 30
thence N64°31°00"E, 224.57 meters to corner 31
thence $05°43°00"E 381.30 meters to corner 32
thence $ 77°46°00"E 115.19meters to corner 33
thence N67°03°00"E 188.63 meters. to corner 34
thence N38°03°00"E 73.54 meters to corner 35
thence N42°04°00"E, 89.28 meters to corner 36
thence $ 69°43°00"W 146.35 meters to corner 37
thence $52°20°00"W 151.08meters to comer 38
thence $16°18°00"W 111.61meters, to corner 39
thence $41°43°00"E. 95.27 meters to corner 40
thence N68°49°00"E, 74.23 meters to corner 41
thence $55°12°00"E. 101.79 meters to corner 42
thence $17°12°00"E. 138.71 meters to corner 43
thence $12°48°00"E. 88.47 meters to corner 44

thence $41°47°00"E. 78.48 meters to corner 45


thence N70°32°00"E. 89.53meters to corner 46
thence $71°14°00"E 152.64 meters to corner 47
thence $46°01°00" E 133.11 meters to point"1”

Article I - Management, Management Plan and Zoning

Section 6. Management of the Mount Diwata Natural Biotic Area (MNBA). —
‘The management and administration of the Mount Diwata Natural Biotic Area shall be vested
with the Protected Area Management Board (PAMB); provided, that the management of zones to
be established within the MDNBA shall be consultative and participatory

The PAMB shall be responsible for the planning, resource protection and general
administration of the MDNBA in accordance with the approved Management Plan.

Section 7. Management Plan, ~ There shall be a Management Plan which shall
serve as the long-term basic framework for the management of MDNBA, govern all activities
within the MDNBA, and guide the preparation of the annual operations plan and budget. The
Management Plan shall be consistent with this Act and the nature of the MDNBA as a protected
area under the category of a Biotic Area, A Management Manual containing the Management
Plan and other supporting data shall be prepared in accordance with the implementing rules of
the NIPAS Act.

Within one (1) year from the effectivity of this Act, the PASO shall prepare the
Management Plan in accordance with the General Management Planning Strategy as provided in
the implementing rules of the NIPAS Act. It shall contain, among others, the following:

(a) A period of applicability for ten (10) years subject to review every five (5) years;

(b) Key management issues;

(c) Goals and objectives of management in support of Section 2 hereof;

(d) Zoning in accordance with Section 8 hereof,

(c) Management programs to include enforcement of laws, habitat and wildlife management,
ecotourism, sustainable use, management, infrastructure development and maintenance,
fire prevention and pest control;

(1) Sustainable and non-destructive livelihood activities;

(g) Regulations in furtherance of the preservation and conservation aims of the Mount
Diwata Natural Biotic Area such as allowable activities, resource-use restrictions, among
others; and

(h) Other relevant conservation matters
‘The Management Plan shall be reviewed and adopted by the PAMB and certified to by

the DENR Secretary. The Management Plan shall not be revised or modified without prior
consultation with the PAMB. It shall be reviewed and updated every five (5) years.


Two (2) years prior to the expiration of the current Management Plan, the PASO shall
cause the publication of notices for comments and suggestions on the new Management Plan that
will succeed the old one in a newspaper of general circulation and the posting thereof in the
Provincial, City, Municipalityand Barangay Halls of the LGUs comprising the MDNBA, and in
three (3) other conspicuous areas frequented by the public within the MDNBA. At least two (2)
public hearings shall be conducted on the proposed successor plan and shall be made available
for public perusal at the PASO.

The Management Plan and all its successor plans shall be prepared in English, Filipino
and Bicol, plainly written and made accessible to the public at the PASO.

Section 8. Zoning ~ Strict Protection Zone and Multi-Use Zone shall be established
within the MDNBA giving primary consideration to its protection and conservation. Zoning
shall also take into account the tenurial and livelihood concerns of communities to ensure the
efficient protection of habitats, fragile ecosystems and unique areas.

The establishment and management of zones must involve the community concerned by
undertaking such steps as dialogues, consultations and land and resource-use mapping. Zones
shall be demarcated on the ground and indicated on maps with the participation of communities,
LGUs, and other stakeholders.

Buffer zone shall also be established within the peripheral areas of the MDNBA in
accordance with the Management Plan to serve as a social fence where tenurial and sustainable
resource-use rights may be granted to qualified groups and individuals.

Article II — Institutional Mechanism, Roles and Functions

Section 9. PAMB ~ (a) There shall be a Protected Area Management Board which
shall serve as the highest policy-making body of the MDNBA. It shall be composed of the
following:

(1) The Regional Director (RD) of Region V as PAMB Chair;

(2) The Provincial Planning & Development Officer of Masbate Ex-Officio Member:

(3) The Environment and Natural Resources Officer (ENRO) of the Province of Masbate
(PENRO-LGU);

(4) One (1) regular representative each from the Municipality of San Fernando, Masbate
with territory within MDNBA;

(5) One (1) regular representative from each Barangay (Ipil, Buenasuerte, Salvacion and
Buenos Aires) with territory within MDNBA;

(6) One (1) representative from every NGO, PO, Church or Civic Organization but not to
exceed five (5), all of whom must be based in or near MDNBA:

(7) One (1) representative from other government agencies with direct interest or
involvement in protected area management; and

(8) One (1) representative from academic institutions with direct interest or involvement
in protected area management.

(b) Every PAMB shall serve for a term of five (5) years, renewable for another five (5)
years; Provided, That he/she remains connected with the office or sector he/she is supposed to


represent; Provided, further, That LGU representatives must present the necessary endorsement
from their respective Sanggunians and their membership shall be co-terminus being an elected
officials. Whenever a vacancy occurs during the term of a non-government PAMB member, a
new member shall be chosen in the same manner as the original selection process and only for
the remaining term.

Section 10. Powers and Functions of the PAMB ~ The PAMB shall decide by
majority vote and shall have the following powers and functions:

(a) Issue rules and regulations to control, prohibit and regulate all acts that may be
prejudicial to the MDNBA pursuant to the policy declarations herein set forth,
including the imposition of fines to a maximum of Twenty thousand pesos
(P20,000.00) and issuance of cease and desist orders, whenever justified;

(b) Regulate, control and issue permits in accordance with the Management Plan
pertinent environmental laws and regulations particularly with regard to infrastructure
activities, public utilities, waste management, business enterprises and research
activities within the Mount Diwata Natural Biotic Area, including the power to
prescribe appropriate fees and charges;

(c) Review, approve and adopt a Management Plan for MDNBA;

(d) Recommend the deputation through the PASu individuals or groups to augment the
protection personnel of MDNBA for the enforcement of laws, rules and regulations
therein, and prescribe, qualifications thereof,

(e) Approve contracts and agreements consistent with the purpose of this Act.

(8) Accept donations and grants to be deposited as trust fund for MDNBA;

(g) Review and approve proposals for funding, financial and work plans, and exercise
accountability over all funds that may accrue to the MDNBA;

(h) Promulgate rules and regulations on the conduct of its business

(i) Monitor and evaluate the performance of all PASO personnel;

(j) Retain legal counsel to defend cases against the PAMB, the PASO staff and deputized
individuals whenever they are sued in connection with the performance of their duties

and functions under this Act, and to assist in other PAMB legal matters; and

(k) Initiate and file suits against persons or entities whose business or activities are
detrimental to the protected area.

Section 11. Incentives for MDNBA-PAMB Members - In addition to actual and
necessary traveling and subsistence allowance incurred in the performance of their duties, the
PAMB members may be granted honoraria and other benefits in attending PAMB or other


committee meetings. These expenses may be included in the appropriation of the MDNBA Trust
Fund.

Section 12, Protected Area Superintendent’s Office - There is hereby created a
Protected Area Superintendent's Office (PASO) which shall perform the day-to-day

management, protection and administration of the Mount Diwata Natural Park. It shall be
headed by the Protected Area Superintendent (PASu) as its chief operating officer who shall be
directly accountable to the PAMB and the Community Environment and Natural Resources
Officer of San Fernando, Masbate (CENRO-San Fernando) and Provincial Environment and
Natural Resources Officer of the DENR (PENRO-DENR) in Masbate. The PASu shall directly
coordinate his/her activities with the CENRO with regard to DENR programs that are related to
protected area management.

The PASO shall be staffed by a sufficient number of personnel such as Assistant PASu
and other Staff with functions and qualifications as provided for by the PAMB. The PASO staff’
shall preferably be hired from residents of the municipality comprising MDNBA, unless
otherwise not qualified

The PASu shall prepare an annual accomplishment report on all activities undertaken in
the protected area for PAMB review and submission to the DENR Secretary

Section 13, Local Government Units ~ LGUs shall be represented in the PAMB and
shall have the following functions:

(a) Apprise their respective constituents, office and sector on activities and programs for
the protected area;

(b) Ensure consistency in the implementation of all activities in the protected area;

(c) Retain their ordinance-making powers over the protected area; Provided, That on
matters relating to biodiversity conservation, protection and sustainable development,
the ordinances shall be consistent with the Management Plan;

(d) In the formulation of their development plan, LGUs shall consider the MDNBA.
Management Plan;

(e) Assist the PAMB in the implementation of the overall park programs, including but
not limited to the imposition, collection and utilization of park fees, enforcement of
policies, rules and regulations and other similar park activities;

(0) Accredit people’s organizations, NGOs and other entities and groups involved in
activities within the MDNBA; and

(g) Provide the PAMB with relevant information and data for the effective management
of the protected area.


Article IV — Utilization of Resources

Section 14. _ Existing Facilities within the MDNBA — Withina year from approval of
this Act all existing commercial facilities with capitalization of not less than One hundred
thousand pesos (P100,000.00) within the MDNBA or relies heavily from resources within the
MDNBA, shall submit to the PASO a sworn statement containing the following information:

(a) Potential for disturbance of protected species and their habitats;
(b) Emissions and effluents at all stages of the operation;

(c) Energy requirements and sources of energy;

(d) Water supply requirements and sources of water;

(e) Volume of resources extracted from the MDNBA;

(f) Future plans for the next five (5) years; and

(g) Other data they may deem relevant to the conservation objectives of the MDNBA

Based on these submissions, the PAMB shall determine whether the continued operation
and future plans of these facilities are detrimental to the MDNBA or to further undergo the
Environmental Impact Statement (EIS) System and secure environmental Compliance Certificate
(ECC) from the Environmental Management Bureau. The PAMB may prescribe conditions or
charge reasonable fees for the continued operation of facilities that rely heavily on resources
within the MDNBA to ensure that it does not impair the conservation objectives of the Mount
Diwata Natural Biotic Area Without prejudice to the filing of the necessary criminal charges, in
case of violation of PAMB conditions or non-payment of charges, the PAMB may impose an
administrative fine of Five thousand pesos (P5,000.00) for every day of violation upon the
owners of the erring facilities but not to exceed a total of Five hundred thousand pesos
(P500,000.00). At anytime whenever necessary, the PAMB, through the PASu and other
government entities, shall cause the cessation and demolition of said facility at owner's cost
Failure to submit the required information shall constitute a violation of this Act and subject to
the penalties imposed under Section 17 (b) hereof.

Section 15. Utilization of Resources ~ Except upon prior approval of the PAMB and
consistent with the Management Plan the use of natural resources within MDNBA shall not be
allowed. However, the sustainable use of resources by tenured migrants for their domestics
needs or for subsistence shall not be restricted except protected species and whenever highly
detrimental to the ecosystem.

Section 16. Pui Lands ~ Upon passage of this Act, no land within the MDNBA
shall be released from the public domain as alienable and disposable and any sale, transfer,
alienation or disposition thereof shall be null and void.



Article V — Prohibited Acts

Section 17. Prohi
with their respective penalties

ted Acts — The following acts are prohibited within the MDNBA

(a) A fine of not less than Five thousand pesos (P5,000.00) to not more than Five hundred
thousand pesos (500,000.00) and imprisonment of not less than six (6) years and one (1)
day to not more than twelve (12) years shall be imposed upon any person who:

(1) Hunts, collects, takes, destroys, traps, disturbs or otherwise possesses any wild plant,
animal or product, including genetic resources, derived from the MDNBA without
prior PAMB permit: Provided, That such permit can only be given for scientific
purposes and necessary for protected area management;

(2) Cuts, gathers, collects, removes or otherwise possesses timber or other forest products
within the MDNBA without prior PAMB permit: Provided, that such permit can only
be given for scientific purposes and necessary for protected area management;
Provided, further, That no permit shall issue for timber or other forest products within
strict protection zones.

(3) Engages in kaingin/clearingthe mangrove area or otherwise intentionally or
negligently causes a forest fire inside the MDNBA;

(4) Engages in mineral or energy exploration activities within the MDNBA;
(5) Engages in treasure-hunting within the MDNBA;
(6) Introduces exotic species or genetically modified organisms within the MDNBA; and

(7) Discharges, leaves or dumps any waste product or substance deleterious to the
MDNBA ecosystem or to any of the flora and fauna therein;

(b) A fine of not less than Five thousand pesos (P5,000.00) to not more than Two hundred fifty
thousand pesos (P250,000.00) and imprisonment of not less than six (6) months and one (1)
day to not more than six (6) years shall be imposed upon any person who

(1) Occupies, settles, or possesses any portion of land inside the MDNBA without the
necessary permit. Clearing, construction of residence or introduction of improvements
shall constitute prima facie evidence of such occupation or settlement:

(2) Vandalizes, mutilates, destroys, excavates, defaces or otherwise intentionally damages
any natural formation or object of natural beauty inside the MDNBA;

(3) Uses or possesses motorized equipment, explosives or any noxious substance anywhere
within the strict protection zones of the Mount Diwata Natural Biotic Area as delineated
by the PAMB;

(4) Constructs or maintains any kind of road, structure, fence or enclosure without prior
PAMB permit; and

(5) Obstructs or hinders the enforcement of this Act, the Management Plan and its pertinent
tules and regulations.



(b) A fine of not less than Five thousand pesos (P5,000.00) to not more than Fifty thousand
pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not more
than six months, or both, shall be imposed upon any person who:

1 Except as otherwise provided, violates the Management Plan or any rule or resolution
promulgated by the PAMB;

2. Allters, removes, destroys or deface boundaries, marks or signs:

3 Enters the MDNBA without prior PAMB permit for purposes of Camping,
swimming, fishing and other recreational activities;

4 Dumps, litters or otherwise leaves debris, refuse or garbage within the MDNBA

(c) Any provision to the contrary notwithstanding, the commission of any unlawful act under
Section 17 (a) shall carry the penalty of imprisonment of not less than twelve (12) years and
one (1) day to not more than twenty (20) years and a fine of not less than Five hundred
thousand pesos (P500, 000.00) to not more than One million pesos (P1,000,000.00),
whenever the species involved is a protected species as provided herein. Any citizen may
institute the necessary charge against an offender for commission of the acts enumerated
under this section.

(d) A conviction under this Section shall carry the accessory penalties of eviction from the
MDNBA, payment of damages for rehabilitation and restoration, and the forfeiture of all
conveyances, equipment, device, instrument, tool or weapon used in the commission of the
offense as well as the flora, fauna and resources caught in the possession of the accused. In
case the offender is an association, partnership or corporation, the president or manager of.
the said corporation shall be held liable for the act of his/her employees or workers.

(e) The DENR through the PASu may impose administrative sanctions against the offender for
violations committed under this Act. The PASu may confiscate all conveyances, equipment,
device, instrument, tool or weapon used in the commission of the offense caught en flagrante
including the animals, plants and other resources from the MDNBA found in the possession
of the offender.

(1) In case of conviction, the penalty consisting of fines and damages shall directly accrue to the
IPAF as herein provided.

Article VI— Proceeds and Fees

Section 18. Integrated Protected Area Fund — The Integrated Protected Areas Fund
(IPAF) for MDNBA is hereby established as a special trust fund for the protection, maintenance,
administration and management of the MDNBA. Seventy-five (75%) percent of the IPAF shall
be retained by the PAMB and be exempted from deposit to the National Treasury strictly for the
above use and the Twenty-five (25%) percent shall be remitted to the National IPAF as required
under the NIPAS Law, subject to regular accounting and audit procedures. The IPAF shall be
derived from the following sources:

(a) Fees and charges from facilities and rights directly benefiting from the protected area
including rights derived there from;


(b) Fines from violations inside the protected area;

(©) Proceeds from lease of multiple use or special use areas including tourism
concessions;

(d) Fees from permitted sale of flora, fauna and other forest resources;
(e) Entrance fees and rents of facilities in Recreation Zones;

() Contribution, donations endowments and grants from any source, and;
(g) Other revenues as provided in this Act.

All donations, grants and endowments shall be exempted from donor’s tax, documentary
stamp tax and all other taxes, charges and fees imposed by the government.

Current sources of revenue of LGUs such as business permits and real property taxes
shall be excluded from IPAF.

Section 19, _ Appropriations~ In order to carry out the purposes of this Act, an annual

aggregate amount of TWENTY FIVE MILLION PESOS ONLY shall be included in the annual
General Appropriations Act and allocated for the use of the MDNBA.

Article VII-

iscellaneous Provisions

Section 20. Separability Clause — If any part or section of this Act is declared
unconstitutional, such declaration shall not affect in any manner the other parts or sections
hereof.

Section 21. Repealing Clause ~ All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

Section 22. Effectivity Clause - This Act shall take effect fifteen (15) da
publication in two (2) newspapers of general circulation.

Approved,