, " 
FIFTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
} 
Third Regular Session 
} 
'12 
SEP -3;7 :')4 
SENATE 
(In substitution a/SEN 2155) 
Prepared jointly by the Committees on Environment and Natural Resources; and 
Finance with Senators Cayetano (P,), Escudero and Drilon as authors 
AN ACT 
ESTABLISHING THE SINARAPAN SANCTUARY IN THE PROVINCES OF CAMARINES 
SUR AND ALBAY AS A PROTECTED AREA UNDER THE CATEGORY OF WILDLIFE 
SANCTUARY, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Sinarapan Sanctuary 
2 
(SS) Actof2012". 
3 
SEC. 2. Declaration of Policy. - Considering the diversity of the unique biological 
4 
resources of the Provinces of Camarines Sur and Albay and its aesthetic, educational, 
5 
SOCiocultural, economic and ecological importance, it is hereby declared the policy of 
6 
the State to ensure its protection and conservation including the local communities 
7 
therein and their cultural and way of life insofar as they are in harmony with nature. 
8 
In so doing, the State shall ensure the full implementation_ of this Act, the 
9 
mobilization of resources for the institutional mechanisms herein established, and the 
10 
full scientific and technical support needed for the conservation of biodiversity and the 
11 
integrity of the ecosystems, culture and religious practices. 
12 
All lands comprising the Sinarapan Sanctuary (SS) shall fall under the 
13 
classification of National Park as provided for in the Philippine Constitution. 


-2-
1 
SEC. 3. Scope and Coverage. - The boundaries of the 55, which falls under the 
2 
category of Wildlife 5anctuary as defined herein, in the Provinces of Camarines 5ur and 
3 
Albay, are as follows: 
4 
A. 
Lake Manapao 
5 
Beginning at corner "2", a point located 575°05'E, which is 712.296 meters from 
6 
GP5 Control Point BUHI No.2, to corner 1 with longitude 123°28'19.10" and latitude 
7 
13°24' 5S.34", 
S 
Corner 
Bearing 
Distance eM) 
9 
2 
N 76°55'00" W 
2S.32 
10 
3 
N Oso10'00" W 
61.33 
11 
4 
N 47°51'00" E 
58.47 
12 
5 
N 63°18'00" E 
49.06 
13 
6 
N 35°30'00" E 
44.95 
14 
7 
574°48'00" E 
55.05 
15 
8 
560°47'00" E 
46.43 
16 
9 
549°38'00" E 
75.55 
17 
10 
510°19'00" E 
23.01 
18 
11 
534°15'00" W 
51.04 
19 
1 
586°02'00" W 
204.06 
20 
the point of beginning containing an area of two and 71/100 (2.71) hectares. 
21 
B. 
Lake Makuao 
22 
23 
Beginning at corner "3", a point located N75°08'W, about 138.333 meters from 
24 
GP5 Control Point BUHI No.3, to corner 1 with longitude 123°29'1.51" and latitude 
25 
13°25'19.16", 


-3-
1 
Corner 
Bearing 
Distance (M) 
2 
2 
N 83°51'00" W 
35.73 
3 
3 
N 70°28'00" W 
59.04 
4 
4 
N 05°03'00" E 
63.32 
5 
5 
N 54°31'00" E 
61.48 
6 
6 
S 66°34'00" E 
46.29 
7 
7 
S 18°27'00" E 
56.83 
8 
1 
S 26°32'00" W 
55.81 
9 
the point of beginning containing an area of one and 03/100 (1.03) hectares. 
10 
C. 
Lake Katugday 
11 
12 
Beginning at corner "5" a point located S16°15'W, which is about 533.870 meters 
13 
from GPS Control Point BUH! No.5, to corner 1 and with longitude 123°29'25.02" and 
14 
latitude 13°25'35.42", 
15 
Corner 
Bearing 
Distance (M) 
16 
2 
S 45°52'00" E 
49.23 
17 
3 
S 20°11'00" E 
49.10 
18 
4 
S 26°28'00" W 
83.42 
19 
5 
S 26°58'00" W 
42.95 
20 
6 
S 28°44'00" W 
157.39 
21 
7 
S 27°10'00" W 
50.10 
22 
8 
N 66°11'00" W 
19.71 
23 
9 
N 02°04'00" E 
105.61 
24 
1 
N 24°03'00" E 
287.37 
25 
the pOint of beginning containing an area of two and 43/100 (2.43) hectares. 


, 
-4-
1 
D. 
Lake Danao 
2 
3 
Beginning at corner "20" a point located S32°12'E, about 906.042 meters from 
4 
MBM No. 20 Cad - 249 Malinao, Albay, to corner 1 and with longitude 123°29'15.73" and 
5 
latitude 13°26'3.63", 
6 
Corner 
Bearing 
Distance eM) 
7 
2 
S 72°42'00" E 
95.79 
8 
3 
S 72°17'00" E 
49.70 
9 
4 
S 49°04'00" E 
73.09 
10 
5 
S 15°26'00" E 
72.93 
11 
6 
S 04°19'00" W 
58.24 
12 
7 
S 15°21'00" W 
140.89 
13 
8 
S 57°05'00" W 
36.86 
14 
9 
N 85°27'00" W 
33.81 
15 
10 
N 54°18'00" W 
27.82 
16 
11 
N 23°22'00" W 
89.26 
17 
12 
N 62°02'00" W 
29.34 
18 
13 
S 48°19'00" W 
30.56 
19 
14 
N 88°25'00" W 
134.70 
20 
15 
N 69°39'00" W 
22.54 
21 
16 
N 20°34'00" W 
67.44 
22 
17 
NOl°17'00"W 
121.16 
23 
18 
N 45°16'00" E 
75.59 
24 
19 
N 70°43'00" E 
59.76 
25 
20 
N 82°56'00" E 
39.21 


.. 
1 
1 
-5-
N 76°28'00" E 
33.72 
2 
the pOint of beginning containing an area of eight and 32/100 (8.32) hectares. 
3 
The Department of Environment and Natural Resources (DENR) shall 
4 
appropriately mark on the ground the technical descriptions provided in this Act with 
5 
clearly visible markers and shall prepare appropriate maps therefor. Any modification 
6 
of the coverage of this Act due to such factors as changing ecological situations, new 
7 
scientific or archeological findings, or discovery of traditional boundaries not previously 
8 
taken into account shall be made through an act of Congress, after consultation with the 
9 
affected public and concerned government agencies. 
10 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms are 
11 
defined as follows: 
12 
(a) 
"Biodiversity" refers to the variety and variability among living organisms 
13 
and the ecological complexes in which said organisms occur. 
14 
(b) 
"Biological resources" includes genetic resources, organisms or parts 
15 
thereof, population, or any other biotic component of ecosystems with actual or 
16 
potential use or value for humanity. 
17 
(c) 
"Bioprospecting" refers to the res.earch, collection and utilization of 
18 
biological and genetic resources for purposes of applying the knowledge derived 
19 
therefrom solely for commercial purposes. 
20 
(d) 
"Collection" or "Collecting" refers to the act of gathering or harvesting 
21 
wildlife, its by-products or derivatives. 
22 
(e) 
"Conservation" refers to the sustainable utilization of wildlife, and/or 
23 
maintenance, restoration and enhancement of the habitat. 


, 
.. 
-6-
1 
(f) 
"Consultation" refers to the meeting or dialogue with concerned or affected 
2 
individual and groups within and outside the SS designated to identify and resolve 
3 
issues and problems affecting them in relation to the protection, conservation and 
4 
sustainable development of the SS. 
5 
(g) 
"Ecosystem" refers to the dynamic complex of plant, animal and 
6 
micro-organism communities and their non-living environment interacting as a 
7 
functional unit. 
8 
(h) 
"Endangered Species" refer to the species or subspecies that is not critically 
9 
endangered but whose survival in the wild is unlikely if the causal factors continue 
10 
operating. 
11 
(i) 
"Endemic Species" refer to the species or subspecies of flora and fauna 
12 
which are naturally occurring and found only within specific areas in the country. 
13 
(j) 
"Exotic Species" refer to the species or subspecies of flora and fauna which 
14 
do not naturally occur within the protected area at present or in historical time. 
15 
(k) 
"Exploitation" refers to any mode of use, extraction, development, 
16 
utilization or disposition of resources, for whatever purpose, whether commercial or 
17 
otherwise. 
18 
(I) 
"Exploration" refers to the searching or prospecting for mineral resources, 
19 
as defined by law, by geological, geo-chemical or geophysical surveys, remote sensing, 
20 
rest pitting, trenching, drilling, shaft sinking, tunneling or any other means for the 
21 
purpose of determining the existence, extent, quantity and quality thereof and the 
22 
feasibility of mining them for profit. 
23 
(m) "Habitat" refers to the place or type of environment where a species or 
24 
subspecies naturally occurs or has naturally established its population. 


.. 
-7-
1 
(n) 
"Hunting" refers to the collection of wild fauna for food and/or recreational 
2 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
3 
(0) 
"Management Plan" refers to the fundamental plan, strategy and/or scheme 
4 
which shall guide all activities relating to the SS in order to attain the objectives of this 
5 
Act. 
6 
(p) 
"Mineral" refers to all naturally occurring inorganic substance in solid, gas, 
7 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
8 
natural gas, radioactive materials, and geothermal energy. 
9 
(q) 
"Multiple-Use Zone" refers to the area where settlement, traditional and/or 
10 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
11 
income generating or livelihood activities, may be allowed to the extent prescribed in 
12 
the management plan. 
13 
(r) 
"National Integrated Protected Areas System (NIPAS)" refers to the 
14 
classification and administration of all designated protected areas to maintain essential 
15 
ecological processes and life-support systems, to preserve genetiC diversity, to ensure 
16 
sustainable use of resources found therein, and to maintain their natural conditions to 
17 
the greatest extent possible. 
18 
(s) 
"NIPAS Act" refers to the National Integrated Protected Areas System 
19 
(NIPAS) Act of 1992 or Republic Act No. 7586, and its implementing rules and 
20 
regulations. 
21 
(t) 
"National Park" refers to the land of the public domain classified as such in 
22 
the 1987 Constitution which include all areas under the National Integrated Protected 
23 
Areas System (NIPAS) pursuant to Republic Act No. 7586 primarily designated for the 


-8-
1 
conservation of native plants and animals, their associated habitats and cultural 
2 
diversity. 
3 
(u) 
"Nongovernment Organization (NGO)" refers to the agency, institution, 
4 
foundation 
or a 
group 
of persons whose purpose is 
to assist people's 
5 
organizations/associations in various ways including, but not limited to, organizing, 
6 
education, training, research and/or resource accessing. 
7 
(v) 
"People's Organization (PO)" refers to the group of organized migrant 
8 
communities and/or interested indigenous peoples which may be an association, 
9 
cooperative, federation, or other legal entity, established to undertake collective action 
10 
to address community concerns and needs, and mutually share the benefits of the 
11 
endeavor. 
12 
(w) "Protected Area" refers to the identified portions of land and/or water set 
13 
aside by reasons of their unique physical and biological significance, managed to 
14 
enhance biological diversity and protected against destructive human ezploitation. 
15 
(x) 
"Protected Area Management Board (PAMB)" refers to the multi-sectoral 
16 
policy-making body created in accordance with the NIPAS Act of 1992. 
17 
(y) 
"Protected Area Superintendent (PASu)" refers to the chief operating DENR 
18 
officer of the protected area. 
19 
(z) 
"Quarrying" refers to the process of extracting, removing and disposing 
20 
quarry resources found on or underneath the surface of private or public land. 
21 
(aa) "SS Fund" refers to the special trust fund to be established for the purpose 
22 
of financing projects in the SS. 
23 
(bb) "Strict protection zone" refers to the natural area with high biodiversity 
24 
value which shall be closed to all human activity except for scientific studies and/or 


-9-
1 
ceremonial or religious use by the indigenous cultural communities/indigenous 
2 
peoples; may include habitats of threatened species, or degraded areas that have been 
3 
designated for restoration and subsequent protection, even if these areas are still in 
4 
various stages of regeneration. 
S 
(cc) "Tenured migrant" refers to forest occupants who have actually and 
6 
continuously occupied a portion of the protected area for at least five (5) years, and are 
7 
solely dependent therein for subsistence, as of the passage of this Act. An SS occupant is 
8 
understood to be "solely dependent for subsistence" when everything indispensable for 
9 
survival for the household, including food, clothing, shelter and health, comes only from 
10 
the utilization of resources from the protected area. 
11 
(dd) "Wildlife" refers to the wild forms and varieties of flora and fauna, in all 
12 
developmental stages, including those which are in captivity or are being bred or 
13 
propagated. 
14 
(ee) "Wildlife Sanctuary" refers to an area which assures the natural conditions 
15 
necessary to protect nationally significant species, groups of species, biotic communities 
16 
or physical features of the environment where these may require specific human 
17 
manipulation for their perpetuation. 
18 
SEC. 5. Management Plan. -
There shall be a Management Plan promulgated for 
19 
the 55 that shall serve as the basic long-term framework plan in the management of the 
20 
protected area and guide in the preparation of its annual operations plan and budget. 
21 
Within one (1) year from the effectivity of this Act, the Management Plan shall 
22 
have been put into effect following the general management planning strategy provided 
23 
for under the NIPAS Act and according to the procedure herein set forth. It shall contain, 
24 
among others, the following: 


1 
2 
3 
4 
5 
6 
-10 -
(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 
7 
laws, habitat and wildlife management, sustainable-use management, infrastructure 
8 
development and maintenance, and fire and pest control; 
9 
(g) 
Zoning; and 
10 
(h) Visitor management programs. 
11 
The preparation of the Management Plan shall be facilitated by the Office of the 
12 
Protected Area Superintendent (PASu) in collaboration with the appropriate offices of 
13 
the department, local communities, indigenous cultural communities/indigenous 
14 
peoples (ICCs/IPs), NGOs, experts and other stakeholders within the SS. 
The 
15 
Management Plan shall be approved by the majority of the PAMB and endorsed to the 
16 
Secretary through Protected Areas and Wildlife Bureau (PAWB). The Management Plan 
17 
is deemed accepted unless formal written disapproval from the Secretary is received 
18 
by the PAMB on the ground of inconsistency with existing laws and related rules and 
19 
regulations. 
20 
SEC. 6. Management of the 55. - There is hereby created a PAMB which shall have 
21 
jurisdiction, power and authority over the SS for all matters that may affect biodiversity 
22 
conservation, protection and sustainable development. The composition of which shall 
23 
be in accordance with the pertinent provision ofthe NIPAS Act of 1992: Provided, That 
24 
at least twenty percent (20%) of the PAMB members shall be comprised of women 


-11-
1 
pursuant to Republic Act No. 9710 or the Magna Carta of Women and its implementing 
2 
rules and regulations. 
3 
The representatives from the local government units (LGUs) and national 
4 
agencies in the PAMB shall include among their duties, the duty to inform their 
5 
respective constituents, office or sector, of PAMB-approved or other relevant policies, 
6 
rules, regulations, programs and projects and to ensure that the provisions of this Act, 
7 
the NIPAS Act and its implementing rules and regulations are observed, complied with, 
8 
and used as reference and framework in their respective plans, poliCies, programs and 
9 
projects. Failure to comply with the foregoing shall subject such representative to 
10 
disciplinary action as the PAMB may provide. 
11 
The members of the PAMB shall not receive any salary but shall be entitled to 
12 
reimbursements for actual and necessary expenses incurred, either in their attendance 
13 
in meetings of the PAMB or in connection with other official business authorized by a 
14 
resolution of the PAMB, subject to existing rules and regulations. 
15 
SEC. 7. Powers and Functions of the PAMB. - The PAMB of the SS, which shall 
16 
decide by consensus or majority vote of the members present constituting a quorum of 
17 
majority of all the members, shall have the following powers and functions in addition 
18 
to those provided under the NIPAS Act of 1992 and its implementing rules and 
19 
regulations: 
20 
(a) 
Issue implementing rules and regulations consistent with the prOVisions of 
21 
this Act if the same is warranted for its effective implementation. 
22 
(b) Adopt rules of procedures in the conduct of its business with the power to 
23 
create committees for purposes of technical, manpower and other related assistance; 
24 
(c) 
Approve the management plan and oversee the office of the PASu; 


-12 -
1 
Cd) 
Establish reasonable criteria consistent with the provisions of this Act and 
2 
accordingly set and impose processing and research fees and other charges for the 
3 
issuance of permits, certifications and other papers for activities regulated by this Act or 
4 
the management plan, whose proceeds shall form part of the SS; 
5 
Ce) 
Recommend to the DENR for approval the deputization of persons or group 
6 
of persons pursuant to the NIPAS Act and its implementing rules and regulations for the 
7 
effective enforcement of the provisions of this Act and other laws, rules and regulations 
8 
governing the conduct or management of the SS; 
9 
Ct) 
Manage the SS Fund, and other funds for the SS, ensure their proper 
10 
administration and render accounting, all subject to existing government auditing rules 
11 
and regulations; and 
12 
Cg) 
Recommend appropriate policy changes to the DENR and other 
13 
government authorities. 
14 
The DENR, through the RED, shall ensure that the PAMB acts within the scope of 
15 
its powers and functions. In case of conflict between administrative orders of national 
16 
application issued by the DENR pursuant to the NIPA5 Act and the resolutions issued by 
17 
the PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply 
18 
the rule or. withdraw its application in the 5S. 
19 
SEC. 8. The Protected Area Superintendent (PASu) Office. - There is hereby 
,20 
established a PASu Office within the protected area to be in charge of the management, 
21 
protection and administration of the SS. The PASu shall be supported by the existing 
22 
personnel of the DENR. The head of office shall be the chief operating officer of the SS 
23 
and shall be directly accountable to the PAMB. 


• 
-13 -
1 
The PASu shall have full responsibility for the protection of land, water, wildlife 
2 
and other natural physical and biological resources within the SS. As such, the PASu 
3 
shall have the following duties and responsibilities in addition to those provided under 
4 
the NIPAS Act and its implementing rules and regulations: 
5 
(a) 
Establish, operate and maintain a database management system as decision 
6 
support tool; 
7 
(b) 
Prepare the management plans as herein defined; 
8 
(c) 
Provide a secretariat for the PAMB and supply the PAMB with all the 
9 
necessary information to make appropriate decisions for the implementation of this 
10 
Act; 
11 
(d) Enforce the laws, rules and regulations relevant to the SS, institute and file 
12 
legal action independently or in collaboration with other government agencies or 
13 
organizations and assist in the prosecution of offenses committed in violation of this 
14 
Act; 
15 
(e) 
Monitor all activities within the SS to ensure its conformity with the 
16 
management plan; 
17 
(I) 
Recommend the issuance of permits based on terms, conditions and criteria 
18 
established by PAMB; 
19 
(g) 
Ensure the integration of the SS management policies, regulations, 
20 
programs and projects at all the concerned national and local government units level; 
21 
and 
22 
(h) 
Perform such other functions as the PAMB may delegate. 
23 
The PASu shall be supported by a sufficient number of personnel who shall be 
24 
performing day to day management, protection and administration of the SS. Upon the 


-14-
1 
recommendation of the PAMB, the DENR Regional Executive Director shall deputize 
2 
local community leaders and environment and natural resources officers. 
3 
SEC. 9. Integrated Protected Area Fund of the 55. - The Integrated Protected Area 
4 
Fund (IPAF) shall be established as a special trust fund and shall be disbursed solely for 
5 
the protection, maintenance, administration and management of SS and the System. At 
6 
least seventy-five percent (75%) of the funds collected shall form part of SS Sub-fund 
7 
which shall be solely disbursed for its use. The SS Sub-fund shall likewise be exempted 
8 
from being deposited in the National treasury and shall be made readily available for 
9 
disbursement upon proper approval of the PAMB and the DENR, subject to the usual 
10 
accounting and auditing rules and regulations. 
11 
The SS Fund may be augmented by grants, donations, endowment from various 
12 
sources, domestic or foreign, for purposes related to their functions: Provided, That 
13 
disbursements therefrom shall be made solely for the protection, maintenance, 
14 
administration and management of the system, and duly approved projects endorsed by 
15 
the PAMB in accordance with existing accounting and budgeting rules and regulations: 
16 
Provided, further, That the Fund shall not be used to cover personal services 
17 
expenditures. 
18 
The LGUs shall continue to impose and collect all other fees not enumerated 
19 
herein which they have traditionally collected, such as business permits and rentals of 
20 
LGUs facilities: Provided, That the LGUs shall not impose property tax and issue new tax 
21 
declaration for areas covered by the 5S. Furthermore, LGUs may charge add-ons to fees 
22 
imposed by the PAMB: Provided, That such add-ons shall be based on the contribution 
23 
of the LGUs in the maintenance and protection of the SS. 


, 
-15 -
1 
SEC. 10. Tenured Migrants and Other SS Stakeholders. - Tenured migrants shall be 
2 
eligible to become stewards of portions oflands within allowable zones. The PAMB shall 
3 
identify, verify and review all tenurial instruments, land claims, and issuances of 
4 
permits for resource use within the SS and recommend the issuance of the appropriate 
5 
tenure instrument consistent with the zoning provided in the Management Plan. 
6 
Should areas occupied by tenured migrants be designated as zones in which no 
7 
occupation or other activities are allowed pursuant to the attainment of sustainable 
8 
development, provision for the transfer of said tenured migrants to multiple use zones 
9 
or buffer zones shall be accomplished through just and humane means.' 
10 
In the event of termination of a tenurial instrument for cause or by voluntary 
11 
surrender of rights, the PA5u shall take immediate steps to rehabilitate the area in order 
12 
to return it to its natural state prior to the cultivation or other act by the tenured 
13 
migrant. 
14 
Within three (3) months from the passage of this Act, the PA5u shall submit to the 
15 
PAMB the complete Jist of tenured migrants which list shall be final upon approval of 
16 
the PAMB. 
17 
SEC. 11. Existing Facilities Within the SS. - Within sixty (60) days from the 
18 
effectivity of this Act, existing facilities such as roads, buildings, water systems, 
19 
transmission lines, communication facilities, heavy equipment, and irrigation facilities 
20 
existing within the boundaries of the S5 shall submit project descriptions to the PAMB 
21 
through the PASu. 
22 
The PAMB, with the assistance of the DENR, shall determine whether the 
23 
existence of such facility and its future plans and operations will be detrimental to the 
24 
S5 or whether conditions for its operation shall be imposed. If any such conditions are 


-16 -
1 
violated, the owner of the facility shall be liable to pay a fine of Five thousand pesos 
2 
(PS,OOO.OO) for every violation. Upon reaching a total fine of Five hundred thousand 
3 
pesos (P500,000.00), the PAMB through the PASu and deputizing other government 
4 
entities, shall cause the cessation and demolition of the facility at the cost of its owner. 
S 
Existing facilities allowed to remain within the SS may be charged a reasonable 
6 
royalty by the PAMB. All income from such royalty shall accrue to the SS Fund. 
7 
SEC. 12. Renewable and Nonrenewable Resources. -
Any exploration and 
8 
exploitation or utilization of nonrenewable resources including mining within the SS 
9 
shall not be allowed. Renewable energy projects within the SS shall be permitted only 
10 
through an act of Congress except energy from wind, sun and water sources and not 
11 
more than three (3) megawatt capacity for mini-hydro power: Provided, That these 
12 
renewable energy projects are outside the strict protection zone, adopt reduced impact 
13 
technologies, and undergo the Environmental Impact Assessment (EIA) System as 
14 
provided by law: Provided,further, That the PAMB has endorsed the project. 
15 
SEC. 13. Local Government Units. - The local government units (LGUs) within the 
16 
SS shall partiCipate in its management through representation in the PAMB as provided 
17 
under Section 6 hereof. Said LGUs may appropriate portions of their share from the 
18 
annual internal revenue allotment and other income for use of the SS: Provided, That all 
19 
funds directly coming from the LGUs shall be exempted from the twenty-five percent 
20 
(25%) remittance requirement for the central Integrated Protected Areas Fund (IPAF). 
21 
SEC. 14. Prohibited Acts and Penalties. - The following shall be the prohibitions 
22 
and penalties applicable to the S5, in addition to the prohibited acts as provided in the 
23 
NIPA5 Act and its implementing rules and regulations: 


• 
• 
-17 -
1 
(a) 
The penalties and qualifications prescribed in Articles 309 (Penalties) and 
2 
310 (Qualified Theft) of the Revised Penal Code, depending on the value of the 
3 
resources involved in connection with the prohibited act or a fine of at least triple the 
4 
value of the said resources, or both, shall be imposed upon any person who: 
5 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or 
6 
aquatic plants or animals, flora or fauna, sand, rocks, or by-products derived therefrom, 
7 
within particularly identified regulated or prohibited areas or zones in the SS including 
8 
private lands without the necessary permit, authorization or exemption: Provided, That 
9 
hunting of animals shall be absolutely prohibited except for scientific research; 
10 
(2) Cuts, gathers, removes or collect timber or any forest products, within 
11 
particularly identified regulated or prohibited areas or zones in the SS including private 
12 
lands without the necessary permit, authorization or exemption; 
13 
(3) 
Possesses or transports, within or outside the SS any timber, forest 
14 
products, wild terrestrial or aquatic plants, animals,.or by-products derived therefrom 
15 
which is ascertained to have been taken from the SS; 
16 
(4) Undertakes mineral exploration or extraction within the SS; 
17 
(5) 
Engages in quarrying of sand, gravel, guano, limestone or any material 
18 
within the SS; 
19 
(6) 
Hunts, collects, removes or destroys any endangered or protected species, 
20 
except when collection or removal is for scientific research and exempted from the 
21 
prohibition by the PAMB; 
22 
(7) 
Conducts bioprospecting within the SS without prior PAMB approval in 
23 
accordance with existing guidelines; 
24 
(8) 
Engages in kaingin or, in any manner, causing forest fires inside the SS; or 


• 
. 
-
• 
-18-
1 
(9) 
Establishes or introduces any exotic species, within the 55, which are 
2 
detrimental to endemic species and the ecosystem therein. 
3 
(b) A fine of not less than Five thousand pesos (PS,OOO.OO) but not more than 
4 
Five hundred thousand pesos (PSOO,OOO.OO) or imprisonment from one (1) year but not 
5 
more than six (6) years, or both, shall be imposed upon any person who: 
6 
(1) Violates any rules and regulations in the management plan or by the PAMB 
7 
or agreements reached before the PAMB in the exercise of adjudicative functions; 
8 
(2) 
Erects any structure on land or on water for any purposes outside the 
9 
management plan, duly allowed by the PAMB: Provided, That large-scale private 
10 
infrastructure and other projects such as medium to high density residential 
11 
subdivisions, medium to large commercial and industrial establishments, golf courses, 
12 
heavily mechanized commercial and nontraditional farming, and other activities that 
13 
cause increased in-migration and resource degradation are absolutely prohibited; 
14 
(3) 
Possesses a chainsaw, hacksaw and other mechanized equipment within 
15 
the 55 without a permit; 
16 
(4) Throws, dumps or causes to be dumped into the 55 any non-biodegradable 
17 
material or waste whether liquid, solid or gas; 
18 
(5) Uses, dumps, places or causes to be placed into the 55 toxic chemicals and 
19 
non-biodegradable products, including pesticides and other hazardous substances, 
20 
soaps and shampoos, and washing detergents, unless the same is expressly allowed in 
21 
the management plan; 
22 
(6) 
Prospects, hunts or otherwise locates hidden treasures within the 55; 
23 
(7) 
Informally occupies or dwells in any land Within the 55 without clearance 
24 
from the PAMB; 


., 
-19 -
1 
(8) 
Possesses or uses blasting caps or explosives anywhere within the 55; 
2 
(9) 
Destroys, excavates, vandalizes or, in any manner, damages any natural 
3 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
4 
natural or scenic value; 
5 
(10) Alters, removes or destroys boundary marks or signs; 
6 
(11) Purchases or sells, mortgages or leases lands or other portions of the SS 
7 
which are covered by any tenurial instrument. 
8 
Valuation of the damage for this Act shall take into account biodiversity and 
9 
conservation considerations as well as aesthetic and scenic value. Valuation assessed by 
10 
the DENR or the concerned government agency shall be presumed correct unless 
11 
otherwise proven by preponderant evidence. 
12 
Any person who shall induce another or conspire to commit any of the illegal 
13 
acts prohibited in this Act or suffer their workers to commit any of the same shall be 
14 
liable in the same manner as the one actually performing the act. 
15 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
16 
and similar devices shall be subject to immediate and administrative confiscation, 
17 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
18 
however to due process and substantial evidence requirements. When legal action is 
19 
however, filed in the regular courts, the said conveyances, vessels, equipments, 
20 
paraphernalia, implements, gears, tools and similar devices, independent of the 
21 
administrative proceedings, shall not be released until after judgment has been 
22 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
23 
pursuant hereto shall accrue to the SS Fund. Procedure for the sale thereof shall be 
24 
promulgated by the PAMB. However, in no case shall any confiscated or rescued 


- 20-
1 
protected animal species be sold or in any manner disposed of but shall be immediately 
2 
turned over to the PASu Office for release in its natural habitat, subject to eXisting 
3 
regulations. 
4 
The penalties specified in this section will be in addition to the penalties 
5 
contained in Republic Act No. 9072 (National Caves and Cave Resources Management 
6 
and Protection Act), Republic Act No. 9147 (Wildlife Resources Conservation and 
7 
Protection Act), and other related laws. 
8 
Conviction for any offense under this Act of a public officer or officer of the law 
9 
shall carry the accessory penalty of perpetual disqualification from public office. 
10 
SEC. 15. Reporting Responsibility. - The PASu, through the PAMB, shall submit an 
11 
annual accomplishment report to the Secretary of the DENR on the activities 
12 
undertaken in the SS. 
13 
SEC. 16. Appropriations. - The Secretary of the DENR shall immediately include 
14 
in the DENR's program the implementation of this Act, the funding of which shall be 
15 
included in the annual General Appropriations Act. 
16 
SEC. 17. Construction and Suppletory Application of Existing Laws. -
The 
17 
provisions of this Act shall be construed liberally in favor of the protection and 
18 
rehabilitation of the SS and the conservation and restoration of its biological diversity, 
19 
taking into account the needs and interests of qualified tenured migrants, for present 
20 
and future Filipino generations. 
21 
The NIPAS Act shall have suppletory effect in the implementation of this Act. 
22 
SEC. 18. Transitory Provision. -In order to ensure the recovery and restoration of 
23 
biological diversity and to develop sustainable livelihood opportunities for tenured 
24 
migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 


• 
-21-
1 
clearances, compliance documents or any other instrument that allows exploitation and 
2 
utilization of resources within the 55 until the Management Plan shall have been put 
3 
into effect. 
4 
All existing land-use and resource use permits within the 5S shall be reviewed 
5 
and shall not be renewed upon their expiration unless consistent with the Management 
6 
Plan and approved by the PAMB. 
7 
SEC. 19. Repealing Clause. - For the purpose of this Act, the provisions of the 
8 
NIPA5 Act are hereby modified in accordance with the provisions herein. All other laws, 
9 
rules and regulations inconsistent with this Act are hereby repealed or modified 
10 
accordingly. The prohibitions and penalties under the NIPA5 Act are hereby superseded 
11 
for the entire area covered by this Act. 
12 
SEC. 20. Separability Clause. -If any part or section of this Act is declared by the 
13 
courts as unconstitutional, such declaration shall not affect the other parts or sections 
14 
hereof. 
15 
SEC. 21. Effectivity Clause. - This Act shall take effect immediately after its 
16 
complete publication in the Official Gazette or in a national newspaper of general 
17 
circulation available in the 55. 
Approved,