ENTATIVES

RECEIVED
ave.’ * dUL 2018

Republic of the Philippines
HOUSE OF REPRESENTATIVE!
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1375

TION UNIT.
EX SERVICE

HOUSE BILL NO.

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT ESTABLISHING THE MAULAWIN SPRING IN THE
MUNICIPALITY OF GUINAYANGAN, PROVINCE OF QUEZON AS A
PROTECTED AREA UNDER THE CATEGORY OF PROTECTED
LANDSCAPE, PROVIDING FOR ITS MANAGEMENT AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

Consistent with Article II, Section 16 of the Constitution, which provides
that: “The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature”, this
bill seeks to declare the Maulawin Spring Watershed Forest Reserve as a
protected area to protect it from indiscriminate exploitation and to maintain
and preserve its biodiversity and ecological balance.

This Forest Reserve in Guinayangan, Quezon is a haven of rich
biodiversity covering a total area of 149.01 hectares of lands of public domain. It
was declared a protected area on 23 April 2000 by virtue of Presidential
Proclamation No. 295.

This important measure seeks to provide for the management, protection,
conservation and sustainable development of the Maulawin Spring Watershed
Forest Reserve within the framework of Republic Act 7586 or the National
Integrated Protected Area System (NIPAS) Act of 1992.

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

CAA nN
ANGELINA “Helen” D.L. TAN, M.D.
4" District, Quezon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

is)
nous BiLNo, 1375

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT ESTABLISHING THE MAULAWIN SPRING IN THE
MUNICIPALITY OF GUINAYANGAN, PROVINCE OF QUEZON 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:

SECTION 1. Title. - This act shall be known as the “Maulawin Spring
Protected Landscape (MSPL) Act of 2013”.

SEC. 2. Declaration of Policy. - Pursuant to Republic Act No. 7586,
otherwise known as the "National Integrated Protected Areas System Act of
1992", it is hereby declared the policy of the State to conserve and preserve the
aggregates of wild flora and fauna, culture and indigenous knowledge, historical
artifacts and sites, ensure the continuity of endangered, threatened and rare
species towards the end of conserving, protecting and preserving, and
preserving the scenic, cultural, historical and archaeological features of
Maulawin Spring Protected Landscape (MSPL) and its surroundings and other
forest ecosystems found therein, and providing thereof for the benefit and
enjoyment o f its people and humankind.

The classified area comprising the MSPI. shall be within the classification
under the 1987 Philippine Constitution. Public lands classified as agricultural,
alienable and disposable upon the passage of this Act shall remain as such and
may be disposed of under the law.

SEC. 3. Scope and Coverage. - The boundaries of the MSPL, which fall
under the category of protected landscape as defined herein, within the
Municipality of Guinayangan, Province of Quezon, are as follows:

TECHNICAL DESCRIPTION

Beginning at a point marked “1” which is 80 degrees 13 minutes 43 seconds
West, 985.77 meters from QZN-3466 of Guinayangan, Quezon with geographic
coordinates of 13 degrees 53 minutes 54.96 second North and 122 degrees 27
minutes 11.08 seconds East.

Thence $18 deg. 54’ 0"E 291.1 m. to corner 2;
Thence S57 deg. 55’ 0”W 260.6 m. to corner 3;
Thence S66 deg. 45° 59”W 190.4 m. to corner 4;
‘Thence $77 deg. 57'59°W 410.7 m. to corner 5;
Thence S50 deg. 54'59”W 320.8 m. to corner 6;
Thence S49 deg. 45'0"W 320.9 m. to corner 7;
Thence N 66 deg. 8'0"W 390.2 m. to corner 8;
‘Thence N29 deg. 39°W 34.3 m. to corner 9;
Thence N 38 deg. 39’59”W 399.1 m. to corner 10;
Thence N 43 deg. 9'59”W 159.7 m. to corner 11;

Thence N 62 deg. 3’59"E 149.7 m. to corner 12;


Thence N 26 deg. 3'59"E. 234.1 m. to corner 13;

Thence N70 deg. 2’59"E 219.6 m. to corner 14;
Thence N88 deg. 59°59"E 269.6 m. to corner 15;
Thence S54 deg. 50’ 59"E 200.1 m. to corner 16;
Thence S80 deg. 27'E 199.7 m. to corner 17;
Thence N19 deg. 33°E 139.4 m. to corner 18;
Thence N65 deg. 4’E 199.6 m. to corner 19;
Thence N85 deg. 1E. 149.8 m. to corner 20;
Thence $89 deg. 00°E 119.8 m. to corner 21;
Thence S 40 deg. 50°E 160.3 m. to corner 22;
Thence S 46 deg. 49'59”E 200.3 m. to corner 23;
Thence N 85 deg. 58'29"E 209.73 m. to corner 1;

The MSPL shall cover a total land area of one hundred forty-nine and
8/1000 (149.008) 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 thereof.

Any modification of the coverage of this Act due to such factors as
changing ecological situations, new scientific or archaeological 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 lands comprising the MSPL shall fall
under the classification of National Park as provided for in the 1987 Philippine
Constitution.

SEC. 5. Definition of Terms. - For purposes of this Act, the following
terms are defined as follows:

(a) Biodiversity shall refer to variety and variability among living
organisms and the ecological complexes in which said organisms occur.

(b) Conservation shall refer to the sustainable utilization of wildlife,
and/or maintenance, restoration and enhancement of the habitat.

(c) Department o f Environment and Natural Resources (DENR) shall
refer to the national government agency tasked of regulating the use of natural
resources and administering the programs of environmental management.

(d) Endangered species shall refer to the wildlife species that are in
danger of extinction and whose survival is unlikely if the causal factor is not
reversed,

(e) Exotic species shall refer to species or subspecies of flora and fauna
which do not naturally occur within the protected area at present or in
historical time.

(f) Forestlands shall refer to the lands of the public domain, which have
been classified as such, under the land classification program of the DENR.

(g) Habitat shall refer to a place or type of environment where species or
subspecies naturally occur or have naturally established their population.

(h) Management Board shall refer to the Management Board of the
MSPL.


(i) Management plan shall refer to the fundamental plan, strategy and/or
scheme, which shall guide all activities relating to the MSPL in order to attain
the objectives of this Act.

(j) National Integrated Protected Areas System (NIPAS) shall refer to the
classification and administration of all designated protected areas to maintain
essential ecological processes and life-support systems, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible.

(Kk) National park shall refer to the land of the public domain classified as
such in the 1987 Constitution, which includes all areas under the NIPAS
pursuant to Republic Act No. 7586 primarily designated for the conservation of
native plants and animals, their associated habitats and cultural diversity.

( Nongovernmental organization (NGO) shall refer 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.

(m) Provincial Environment and Natural Resources Office (PENRO)
shall refer to the local office of the DENR at the provincial level.

(n) People’s organization (PO) shall refer 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 collective action to address community concerns and needs and
mutually share the benefits of the endeavor.

(0) Protected area shall refer 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.

(p) Protected Area Management Board (PAMB) shall refer to a multi-
sectoral policy-making body created in accordance with Republic Act No. 7586
or the NIPAS Act of 1992.

(q) Protected Area Superintendent (PASu) shall refer to the chief
operating DENR officer of the MSPL.

(r) Protected landscape shall refer to an area of national significance,
which is characterized by the harmonious interaction of man and land while
providing opportunities for public enjoyment through recreation and tourism
within the normal lifestyle and economic activity of the area.

(s) Protected species shall refer to plants or animals 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 plants or animals which
the PAMB may deem critical for the conservation and preservation of the
MSPL.

() Tenured migrants shall refer to forest occupants who have actually
and continuously occupied a portion of the protected area for at least five (5)
years, and are solely dependent therein for subsistence, as of the passage of this
‘Act. A protected area occupant is understood to be "solely dependent for
subsistence" when everything indispensable for survival for the household,
including food, clothing, shelter and health, comes only from the utilization of
resources from the protected area.


SEC. 6. Management Plan. - There shall be a management plan
promulgated for the MSPL that shall serve as the basic long-term framework
plan in the management of the protected area and guide in the preparation 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;

(f) 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 of 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, 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, rules and regulations.

A year before the expiration of the period of the applicability of the plan
in effect, the PASu shall cause publication of notices for comments and
suggestions on the successor plan in a newspaper of general circulation in the
concerned municipalities Notices shall also be posted in the respective
provincial and municipal halls of the concerned provinces and municipalities as
well as in the barangay halls bounding or immediately adjacent to the protected
landscape. The proposed plan shall be made available to the public during the
period for comment and a final plan shall likewise be made available for public
perusal at the office of the PASu upon the approval of the PAMB: Provided,
That the plans shall be plainly written in a language understandable in the area.

SEC. 7. Management of the Maulawin Spring Protected Landscape
(MSPL). - There is hereby created a PAMB, which shall have jurisdiction, power
and authority over the MSPL for all matters that may affect biodiversity
conservation, protection and sustainable development. It shall be composed of:

(a) The Regional Executive Director (RED) of the DENR-Region IV -A,
as the Chairman;

(b) The Provincial Planning and Development Coordinator of Quezon
Province;


(©) One (a) representative from the municipal government of
Guinayangan, Province of Quezon, which shall be appointed by their local chief
executive;

(d) One (1) representative from each _ barangay with territory
within the protected area, which shall be appointed by their respective
sangguniang barangays;

(c) At least three (3) representatives from local NGOs and community
organizations, including people's organizations, cooperatives, church or civic
organizations to be chosen among themselves in meeting called for the purpose;
and

(© One (1) representative from other government agencies that may be
involved in protected area management depending on the needs of the
protected area,

Each member of the PAMB shall serve for a term of five (5) years and
shall be considered to represent one’s sector and deemed to carry the vote of
such sector in all matters, In the case of members who are government officials,
their appointment shall be coterminous with their terms of office.

The members of the PAMB shall be appointed by the Secretary of the
DENR in conformity with the provisions 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 MSPL: Provided, 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 the 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 meetings of the PAMB or In connection with other official
business authorized by a resolution of the PAMB, subject to existing rules and
regulations.

SEC. 8. Powers and Functions of the PAMB. - The PAMB of the MSPL,
which shall decide by consensus or majority vote of the members present
constituting a quorum of majority of all the members, shall have the following
powers and functions in addition to those provided under Republic Act No.
7586 or the NIPAS Act of 1992 and its implementing rules and regulations:

(a) Issue all rules and regulations to prohibit acts that may be prejudicial
to the protected area and the policy declaration herein set forth as well as
established criteria and set fees for the issuance of permits for activities
regulated by this Act or the management plan;

(b) Issue rules and regulations for the resolution of conflicts through
appropriate, sensitive and effective means;

(c) Adopt rules and procedures in the conduct of business, including the
creation of committees to which its powers may be delegated;


(d) Approve the management plan and oversee the office of the PASu;

(e) Establish criteria and set fees for the issuance of permits for activities
regulated by this Act or the management plan; (f) Recommend the deputization
of appropriate individuals for the enforcement of the laws, rules and regulations
governing the conduct or management of the MSPL;

(g) Approve fees and charges in accordance with existing policies and
guidelines and raise funds for the MSPL;

(b) Manage the allocation of the MSPL Fund, and other funds for the
MSPL, ensure their proper administration and render accounting; and

() Recommend appropriate policy reforms to the DENR and other
government authorities.

The DENR, through the RED, shall ensure that the PAMB acts within the
scope 0 f its powers and functions. In case of a conflict between administrative
orders of national application Issued by the DENR pursuant to the NIPAS Act
and the resolutions issued by the PAMB, the PAMB shall notify the DENR
Secretary who shall decide whether to apply the rule or withdraw its application
in the MSPL.

SEC. 9. The Protected Area Superintendent (PASu) Office. - There is
hereby established a PASu Office within the DENR Regional Office to be in
charge of the management, protection and administration of the MSPL. The
PASu shall be supported by the existing personnel of the DENR. The head of
office shall be the chief operating officer of the MSPL and shall be directly
accountable to the RED of the DENR-Region IV-A and the PAMB.

The PASu shall have full responsibility for the protection of land, water,
wildlife and other natural physical and biological resources within the MSPL.
As such, the PASu shall have the following duties and responsibilities in
addition to those provided under the NIPAS Act and its implementing rules and
regulations:

(a) Establish, operate and maintain a database management system as a
decision support tool;

(b) Prepare the management and development plans as herein defined;
(©) Provide a secretariat for the PAMB and supply the PAMB with all the

necessary information to make appropriate decisions for the implementation of
this Act;

(d) Enforce the laws, rules and regulations relevant to the MSPL,
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;

(c) Monitor all activities within the MSPL to ensure its conformity with
the management plan;

(8) Recommend the issuance of permits based on terms, conditions and
criteria established by the P AMB;

(g) Ensure the integration of the MSPL management policies,
regulations, programs and projects at all the concerned national and local
government unit levels; and

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


The PASu shall be supported by a sufficient number of personnel who
shall be performing day-to-day management, protection and administration of
the MSPL. Upon the recommendation of the PAMB, the DENR-RED shall
deputize local community leaders and environment and natural resources
officers.

SEC. 10. Tenured Migrants. - Tenured migrants are those who have
actually occupied the forestlands within the protected area since June 30, 1987
and are substantially dependent on such areas for their livelihood. For purposes
of official documentation of rights and extent of occupation within the
protected area, tenured migrants shall be issued a tenurial instrument over
such areas as have been occupied or cultivated since June 30, 1987.

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, 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. 11. Prohibited Acts and Penalties. - The following shall be the
prohibitions and penalties applicable to the MSPL, in addition to the prohibited
acts as provided in the NIPAS Act and its implementing rules and regulations:

(a) The penalties in Article 309 or 310 of the Revised Penal Code
depending on the resources taken, damaged or destroyed shall be imposed
upon any person who:

(a) Hunts, destroys, disturbs or removes from the MSPL any wild plants
or animal products derived therefrom without a permit from the PAMB;

(2) Conducts mineral explorations or extraction within the protected
landscape as defined herein;

(3) Conducts quarry operation for aggregates, sand and other quarry
materials without a permit from the PAMB or without other permits required
under existing laws; (4) Engages in fishing with the use of explosives, noxious
substances, electricity or drift nets with mesh below three (3) centimeters
between the knots when stretched;

(5) Cuts, removes, gathers, takes timber or forest products from the
forestlands without authorization,

(6) Pollutes the bodies, air and land areas in any way of the protected
areas; and

(7) Establishes infrastructure and other man-made projects without
authorization and clearances from the PAMB and other government agencies
involved in the granting of clearances.

Valuation of any damage wrought by any of these illegal acts shall take
into account biodiversity and conservation considerations as well as aesthetic
and scenic value.


(b) A fine of not less than Five thousand pesos (P5,000.00) but not more
than Two hundred fifty thousand pesos (P250,000.00) and/or imprisonment of
not less than one (I) year or more than five (5) years and the restoration and
rehabilitation of the damage shall be imposed upon any person who:

(a) Alters topography through digging, blasting, earth-filling activities or
stone-walling without a permit from all proper authorities as required under
existing laws, rules and regulations and from the PAMB;

(2) Damages roads, trails or leaves them in a damaged condition or
mutilates, defaces, destroys or vandalizes any object of natural or scenic value
within the protected landscape;

(3) Constructs or maintains any kind of structure without a permit from
the PAME or without other requisite permits under existing laws such as, but
not limited to, municipal permits, public works requirements and
Environmental Compliance Certificate (ECC); and (4) Alters, removes, destroys
or defaces boundary works, buoys or signs in the protected landscape put up by
the PAMB;

(c) A fine of not less than Five thousand pesos (P5,000.00) but not more
than One hundred thousand pesos (P100,000.00) and/or imprisonment from
one (1) year to three (3) years shall be imposed upon any person who:

(1) Occupies lands classified as Strict Protected Zone as herein defined
without a legal instrument for such occupation;

(2) Violates any rules and regulations in the management plan of the
PAMB or agreements reached before the PAMB in its exercise of adjudicative
functions;

(3) Dumps any waste materials on land or any bodies of water e.g. river,
other than in areas identified as dumping sites by the concerned local
governments, or leaves exposed or in unsanitary condition on land or any
bodies of water e.g. river, human waste or refuse;

(4) Kills or injures any protected species or fails to release it when
accidentally caught or found beached;

(5) Knowingly brings/introduces into the protected landscape any exotic
species or substances, which may pose a hazard to public health, protected
species habitat or population or scenery;

(6) Brings out of the protected landscape live spe
certification of toxic and hazardous substances testing; and

s without

(7) Possesses instrument/equipment without clearance from the PAMB,
shall specify for the legal uses for which it can be applied.

(d) A fine of not less than Five thousand pesos (P5,000.00) but not more
than Five hundred thousand pesos (P500,000.00) and/or imprisonment of not
less than one (1) year but not more than five (5) years shall be imposed upon:

(a) Any person who shall induce another or conspire to commit any of
the above acts or suffer their workers to commit any of the above acts shall be
liable in the manner as the one actually performing the act; and

(2) Any public officer, or officer of law, who, in dereliction of his duties
shall maliciously disregard instituting persecution procedures for the
punishment of violators of the law, or shall tolerate commission of the offense,
or shalll also carry the penalty of perpetual disqualification from public office.


SEC. 12 Special Prosecutor and Retained Counsel. - Within thirty (30)
days from the effectivity of this Act, the Department of Justice (DOJ) shall
appoint a special prosecutor to whom cases of violation of laws, rules and
regulations in the MSPL shall be assigned. Such special prosecutor shall
coordinate with the PAMB and the PASu in the performance of his/her duties
and assist in the training of wardens and rangers in arrest and criminal
procedures.

‘The PAMB may retain the services of counsel 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 o f the MSPL, against any legal action related to their
powers, functions and responsibilities as provided in this Act or as delegated or
tasked by the P AMB.

SEC. 13. Local Government Umts (LGUs). - The LGUs within the MSPL
shall participate in its management through its representation in the PAMB as
provided under Section 7 hereof. Said LGUs may appropriate portions of their
share from the annual internal revenue allotment and other income for use of
the MSPL: Provided, That all funds directly coming from the LGUs shall be
exempted from the twenty-five percent (25%) remittance requirement for the
central Integrated Protected Areas Fund (IPAF).

SEC. 14. MSPL Fund. - There is hereby established a revolving fund to be
known as the MSPL Fund for purposes of financing projects in the MSPL.

Income shall be derived from fees from visitors/tourists, fees from
permitted sale and export of flora and fauna and other resources from the
MSPL, proceeds from the registration and lease of multiple-use areas, including
tourism concessions, fees, proceeds and contributions from industries and
facilities directly benefiting the MSPL, and such other fees and income derived
from the operation of the MSPL: Provided, That the seventy-five pereent (75%)
of such income shall be set aside and retained by the PAMB which shall
appropriate the same exclusively for the management and operation of the
MSPL: Provided, further, That the remaining twenty-five percent (25%) shall be
remitted to the central IPAF.

The MSPL 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 the LGUs facilities: Provided, That the LGUs shall not
impose property tax and issue new tax declaration for areas covered by the
MSPL. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB:
Provided, further, That such add-ons shall be based on the contribution of
the LGUs in the maintenance and protection of the MSPL.

SEC. 15. Existing Facilities within the Protected Landscape. - Within
one hundred twenty (120) days from the effectivity of this Act, existing facilities
such as roads, buildings, water systems and other facilities existing within the
boundaries of the protected landscape shall submit project description to the
PAMB through the PASu.


Based on its submission, the PAMB, with the help of the DENR, shall
determine whether or not the existence of such facility and its future plan and
operation will be detrimental to the protected landscape or whether or not
conditions for its operations shall be imposed. If any of such conditions are
violated, the facility shall be liable to pay a fine of Five thousand pesos
(P5,000.00) for every day of 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 owners.

Existing facilities allowed to remain within the protected area may be
charged a reasonable royalty by the DENR. All incomes from such royalty shall
accrue to the IPAF.

SEC. 16. Utilization of Energy and Nonrenewable Resources. - Any
exploitation and utilization of _ energyresources found within the NIPAS
areas should be allowed only through a law passed by Congress. Furthermore,
protected areas except Strict Nature Reserve and Natural Parks may be
subjected to exploration, only for the purpose of gathering information on
energy resources: Provided, That such activity is carried out with the least
damage to surrounding areas. The energy survey shall be conducted only in
accordance with a program by the DENR. In no case shall an exemption from
the EIA lem made for energy and nonrenewable resources exploitation
projects within the protected area.

SEC. 17. Reporting Responsibility. — The PASu, through the PAMB, shall
submit an annual accomplishment report to the Secretary of the DENR on the
activities undertaken in the MSPL.

SEC. 18. Appropriations. - The Secretary of the DENR shall immediately
include in the Department's program the implementation of this Act, the
funding of which shall be included in theannual General Appropriations
Act.

SEC. 19. Construction and Suppletory Application of Existing Laws. -
The provisions of this Act shall be construed liberally in favor of the protection
and rehabilitation of the MSPL and the conservation and restoration of its
biological diversity, taking into account the needs and interests of qualified
tenured migrants, for present and future Filipino generations.

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

SEC. 20. Transitory Provision. - In order to ensure the recovery and
restoration of biological diversity and to develop sustainable livelihood
opportunities for tenured migrants, the DENR shall henceforth cease to issue
concessions, licenses, permits, clearances, compliance documents or any other
instrument that allows exploitation and utilization of resources within the
MSPL until the management plan shall have been put into effect.

All existing land use and resource-use permits within the MSPL shall be
reviewed and shail not be renewed upon their expiration unless consistent with
the management plan and approved by the PAMB.

SEC. 21. Repealing Clause. - For the purpose of the scope of this Act, the
provisions of the NIPAS Act are hereby modified in accordance with the
provisions herein. All other laws, rules and regulations inconsistent with this
Act are hereby repealed or modified accordingly. Within the scope of the
protected landscape as herein specified, the penalties under the NIPAS Act are
hereby superseded.


SEC. 22. Separability Clause. - If any part or section of this Act is
declared by the courts as unconstitutional, such declaration shall not affect the
other parts or sections hereof.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in a national newspaper
of general circulation available in the MSPL.

Approved,