Quezon City

17" CONGRESS
First Regular Session

390

HOUSE BILL No.

Introduced by Representative RANEO E. ABU

EXPLANATORY NOTE

What is known as the “blue water equivalent” of the Amazon River
Basin is located within Philippine Territory.

The Sulu-Sulawesi Seascape, straddling the Indo-Malaya-Philippine
Archipelago, occupies an area of 900,000 sq. km. and supports about 40
Million people. This seascape is recognized as the center of the highest
concentration of the marine biodiversity in the world. At the center of this area
is the Verde Passage Marine Corridor.

The Verde Passage Marine Corridor, an approximately 100 sq. km.
area of seascape which encompasses the coastal areas, islands, and marine
waters within the Provinces of Batangas, Mindoro Occidental, Mindoro
Oriental, MArinduque, and Romblon, is home to 1,736 overlapping marine
species. It is by far the largest concentration of marine life in the world,
The Verde Passage is also dubbed as “the center of the center of the
center of the world’s marine shore fish biodiversity.”

This bill, which seeks to declare the Verde Passage Marine Corridor
as a Protected Area under the category of Protected Landscape and
Seascape, signifies the responsibility of the Philippine government not only to
the Filipino people, but to the world as a whole.

It is the obligation of the Philippine government to protect this area not
only for present and future Filipinos, but for the whole human race. Ensuring
the sustainable development of Verde Passage Marine Corridor has global
environmental implications.


A clean, healthy, productive, and beautiful environment is a vision
that is as noble as it is universal. It is our heritage to our future generations,
not only of Filipinos but of the whole world.

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



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS
First Regular Session

HOUSE BILL No. 2390

Introduced by Representative RANEO E. ABU

AN ACT DECLARING
THE VERDE PASSAGE MARINE CORRIDOR LOCATED IN THE
PROVINCES OF BATANGAS, MINDORO OCCIDENTAL, MINDORO-
ORIENTAL, MARINDUQUE, AND ROMBLON AS A PROTECTED AREA,
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:

ARTICLE |
TITLE, POLICIES AND OBJECTIVES

Section 1. Short Title. - This Act shall be known and cited as the
“Verde Passage Marine Corridor Protected Area (VPMCPA) Act of 2016.”

Section 2, Declaration of Policy. — It is hereby declared the policy of
the State to ensure the protection and conservation of the globally significant
economic, biological, socio-cultural, educational, and scientific value of the
Verde Passage Marine Corridor for the enjoyment of present and future
generations. These policy objectives shall be pursued through sustainable
and participatory management, taking into consideration all applicable laws
and international conventions that have been duly ratified by the Government
of the Philippines

Section 3. Category and Scope. — For purposes of management
direction including the allowable activities therein VPMCPA is hereby
categorized as a Protected Landscape and Seascape pursuant to Republic
Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act
of 1992


The VPMCPA covers an approximate area of 10,000 hectares comprising of
coasts, islands and marine waters in the Provinces of Marinduque, Batangas,
Mindoro Occidental, Mindoro Oriental, and Romblon.

Sec. 4. Definition of Terms. - For purposes of this Act,

“BFAR” shall refer to the Bureau of Fisheries and Aquatic Resources of the
Department of Agriculture.

“Bioprospecting” shall refer to the conduct of research, collection, and
utilization of biological and genetic resources for purposes of applying the knowledge
derived therefrom solely for commercial purposes.

“Commercial fishers/fisherfolk” shall refer to persons who catch fish and
other fishery products using fishing vessels of more than three (3) gross tons.

“Coral” shall refer to’all bottom dwelling animals under the phylum Cnidaria,
which area a major part of the reef community. The definition includes four types of
corals, 1) those that produce a hard skeleton out of calcium carbonate such as all
scleractinian corals, the hydrozoan corals (firecorals), and the blue and red corals
under the genera Heliopora and Tubipora, 2) the antipatharian or black corals with
a rigid, chitinous skeleton; 3) the gorgonians with a horny and/or calcareous axis;
and 4) the soft bodied anthozoans such as sea anemones, .and the soft corals under
the systematical group of Alcyonaria or Octocorallia.

“DA” shall refer to the Department of Agriculture,

“DENR” shall refer to the Department of Environment: and Natural
Resources. ri

“DOJ” shall refer to the Department of Justice.

“Electro-fishing” shall réfer to the use of electricity. generated by batteries,
electric generator, and other source of electric power to kill, stupefy, disable, or
render unconscious aquatic organisms, whether or not the same are subsequently
recovered.

“Exotic species” shail refer to species or subspecies that do not naturally
occur within the biogeographic region of the VPMCPA at present or in historical time.

“Explosives” shall refer to dyriamite, other explosives or other chemical
compounds that contain combustible elements or ingredients which upon ignition by
friction, concussion, percussion or detonation of all or parts of the compound will kill,
stupefy, disable or render unconscious any species. It also refers to any other
substance and/or device, including blasting caps or any other component or part of
explosive devices, which causes an explosion that is capable of producing the said


harmful effects on any resources and capable of damaging and altering the natural
habitat.

“Gear” shall refer to any instrument or device and its accessories -utilized in
taking, catching, gathering, killing, hunting, destroying, disturbing; removing or
possessing resources within the VPMCPA.

“Kayakas” shall refer to the fishing method known as the local version of
the muro-ami but smaller in size, using bamboo or trunk trees as scaring devices -
aside from coconut or other leaves or materials to drive the fishes and other marine
resources out of the coral reefs while at the same time pounding the corals.

“Litter” or “Littering” shall refer to the disposal of small amounts of non-
biodegradable solid waste materials, such as, cigarette butts, candy wrappers,
plastic bags, bottles, glasses, in the VPMCPA which may cause or contribute to the
deterioration of the resources of habitats in the VPMCPA.

“Municipal fishers/fisherfolk” shall refer to persons who catch fish and
other fishery products using fishing vessels of three (3) gross tons or less, or whose
fishing does not require the use of fishing vessels.

“Muro-ami” shall refer to the method used in reef fishing consisting of a
movable bagnet, detachable wings and scarelines having plastic strips and
iron/steel/stone weights, effecting fish capture by spreading the net in an arc around
reefs or shoals and, with the use of the scarelines, a cordon of people drive the fish
towards the waiting net while pounding the corals by means of heavy weights like
iron/steel/stone or rock making it destructive to corals.

“Non-Government Organization (NGO)” shall refer to any civic,
developmental, environmental, or philanthropic non-stock, non-profit organization,
duly registered, having by-laws, democratically-elected representatives, with
qualifications, expertise and objectivity in activities concerning community organizing
and development, or resource and environmental conservation, management and
protection related to the protected area.

“Non-renewable resources” shall refer to those resources found within the
VPMCPA, the natural replenishment rate of which is not known.

“Noxious or Poisonous Substances” shall refer to any substance, plant
extract or juice thereof, sodium cyanide and/or cyanide compounds or other
chemicals either in raw or processed form, harmfyl or harmless to human beings,
which will kill, stupefy, disable or render unconscious any marine organism and
capable of damaging and altering the natural habitat. “

“PAMB” shall refer to the Protected Area Management Board as provided for
in Republic Act 7586, otherwise known as the National Integrated Protected Areas
System Act. .


“People’s Organization (PO)” shall refer to a group of people which may
be an association, cooperative, federation, aggrupation of individuais or groups with
an identifiable structure of decision-making and accountability, and organized to
‘undertake collective action to address common concerns and needs in relation to the
protected area.

“Protected area” shall refer to identified portions of land and water set
aside by reason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human exploitation.

“Protected landscape/seascapes” are areas of national significance which
are 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 these areas.

“Protected species” shall refer to any pliant or animal declared protected
under Philippine laws, rules and regulations, These shail include all species listed
under the Convention of International Trade of Endangered Species (CITES) and all
its Annexes, the Bonn Convention on Migratory Animals, those specified under the
red-list categories of the International Conservation of Nature (IUCN), or any plant
or animal which the VPMCPA-PAMB or any government agency may deem necessary
for conservation and preservation in the VPMCPA.

“Purse seine” shall refer to a fishing gear characterized by encircling net
having a line at the bottom passing through rings attached to the net, which can be
drawn or pursued. In general, the net is set from a boat or boats around the school
of aquatic resources. The bottom of the net is pulled closed with the purse line.
The net is then pulled aboard the boat or boats until the resources are concentrated
in the bunt or bag.

“Resources” shall refer to all natural endowments, whether aquatic or
terrestrial, living or non-living, found in the VPMCPA.

“Secretary” shall refer to the Secretary of the Department of Environment.
and Natural Resources.

“Stakeholders” shall refer to individuals, communities, agencies,
institutions, organizations, aggrupations of specific interests or sectors which have
particular interest in the achievement of the objectives of this Act, and/or enjoyment
or utilization in any form of the resources within the VPMCPA.

“Trawl” shall refer to the gear consisting of a bag-shaped net which is
dragged or towed along the bottom or through the water column to take aquatic
resources ‘by straining them from the water, including all variations and
modifications of trawls in bottom, mid-water, baby trawis, and tow nets.


“VPMCPA-PAMB” shall refer to the Verde Passage Marine. Corridor
Protected Area Management Board.

“Vessel” includes every description of watercraft, including non-
displacement crafts and seaplanes, used or capable of being used as a means of

transportation on water. It shall include everything found therein, except personal
effects,

“Waste” shall refer to discarded items of solid, liquid, contained gas or
semi-solid form, and from whatever sources, which may cause or contribute to the
deterioration of the resources or habitats in the VPMCPA,

ARTICLE IT
MANAGEMENT, MANAGEMENT PLAN AND ZONING

Sec. 5. Management of the VPMCPA. - The management and
administration of the VPMCPA shall be vested with the VPMCPA-PAMB, as herein
provided, "

Sec. 6. Zoning. = Management zones shall be established within the
VPMCPA, giving primary consideration to the preservation and conservation of all: life
forms in accordance with its. category as a protected landscape: and.seascape and
applicable laws, rules and regulations. Zoning shall also take into consideration-the
effective protection of habitats, fragile ecosystems, and unique areas,

The process of identifying, delineating and establishing management zones
within the VPMCPA shall be consultative and participatory, involving the concerned
stakeholders through such steps as dialogue and community and resource-use
mapping activities,

The metes and bounds of each management zone shall be indicated on maps:
and/or nautical charts.

Sec. 7. Management Plan. - Within one (1) year from the effectivity of
this Act, a management plan shall be prepared by the Verde Passage Marine
Corridor Protected Area Superintendent (VPMC-PASu), in coordination with-the local
community and various stake, the Provincial Governments of Marinduque, Batangas,
Mindoro Occidental, Mindoro Oriental and Romblon, and other local government
units in the area, with assistance from the DENR and BFAR. The management plan
shall contain, among others:


a. the category of the protected area;

b. a period of applicability for ten (10) years subject to periodic review every
three (3) years;

c. goals and objectives of management in support of Section 2 hereof;

d, key management issues, such as, but not limited to, issuance, screening,
and approval of all development and resource-use activities within the
VPMCPA; and adequate protection and restoration of endangered species
and fragile ecosystems;

e. site management strategy including, but not limited to, establishment of
clear and simplified guidelines on the activities that can be allowed within
the zones, including the buffer zones;

f. major management activities, such as, but not limited to, enforcement of
laws, habitats and wildlife management, sustainable use management,
infrastructure development and maintenance, fire prevention, pest and
disease control, and disaster management;

g. zoning in accordance with Section 6 hereof;

h. mechanism for the protection, regulation and prohibition of persons within
the VPMCPA, in accordance with their rights;

i, mechanisms to ensure’ consultative and participatory decision-making
processes.

The management plan shail be consistent with the nature of the VPMCPA as a

protected area. It shall be’ reviewed and approved by the VPMCPA-PAMB, and
submitted to the DENR.

Sec. 8. Successor Plan. - Before the expiration of the initial management
plan, there shall be a successor plan to be prepared by the VPMC-PASu in the same
manner as the procedure and. principles herein setforth. Two years before the
expiration of the management plan, the VPMCPA-PAMB shall cause the publication of
notices for comments and suggestions on the successor plan using all available
media, but at least in a newspaper of local circulation, and the posting of such ©
notices in’ the provincial, municipal and barangay halls and in three (3) other
conspicuous areas frequented by the public. The successor plan shall be made
available to the public for perusal at the office and sub-offices of the VPMCPA-PAMB.


ARTICLE IIT
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS.

Sec. 9. Creation and Composition of the Verde Passage Marine
Corridor Protected Area Management Board (VPMCPA-PAMB) ~ There shall
be a Verde Passage Marine Corridor Protected Area Management Board which shall
be the sole policy-making and permit-granting body in the VPMCPA. It shall be
composed of:
a. the Governors of the Provinces of Marinduque, Batangas, Mindoro Occidental,
Mindoro Oriental, and Romblon, as Co-Chairpersons;

b. _ the representative of the DENR as cd-chairperson, to be appointed by the DENR
Secretary; '

c. the city mayors of Boac City and Batangas City, as vice-chairpersons;

d. the municipal mayors of the various municipalities encompassed: by the
VPMCPA, as members;

e. the Environment and Natural Resources Officers of the Provinces of
Marinduque, Batangas, Mindoro Occidental, Mindoro Oriental, and Romblon, as
members;

f. the regional directors of the DA-BFAR and DOT In the VPMCPA, as members;

g. a representative from the academe, to be appointed by the President upon the
recommendation of the DENR Secretary, as member;

h. at least three (3) representatives from NGOs involved in the conservation and
management of the VPMCPA, to be chosen from among themselves in an election
duly called for the purpose; and

i, The VPMCPA-PASu as ex-officio. member.

Except for government officials who shall serve ex-officio, every VPMCPA-PAMB
member shall serve for a term of three (3) years; Provided, That the said person
remains connected with the sector being represented. Whenever a vacancy occurs
during the term of a member who does not represent the government, a new
member shall be chosen in the same manner as the original process to serve the
remaining term of the predecessor.

The VPMCPA-PAMB en banc shall hold regular meetings at least once every
three months. However, the Executive Committee, as provided herein, may meet on


a more regular basis to discuss regular day-to-day affairs and other matters
delegated by the VPMCPA-PAMB. -

Sec. 10. Executive Committee and Other Committees. - There shall be
an Executive Committee (EXECOM), to be headed alternately by one of the VPMCPA-
PAMB Chairpersons, to which the VPMCPA-PAMB may delegate some of its powers
and functions. Its members shall be chosen by the VPMCPA-PAMB from among
themselves.

The VPMCPA-PAMB may create other committees as it may deem necessary.

Sec. 11. Incentives for VPMCPA-PAMB Members. - In addition to actual
and necessary traveling and subsistence expenses incurred in the performance of
their duties, VPMCPA-PAMB members may be granted honoraria and insurance
coverage when attending VPMCPA-PAMB or other VPMCPA-PAMB committee
meetings. These expenses may be included in the budget for the VPMCPA.

Sec, 12, Rules of Procedure. - The VPMCPA-PAMB shall determine by
appropriate resolution its procedural rules, which shall include discipline and removal
of erring officers and members.

Sec. 13. Powers and Functions of the VPMCPA-PAMB, - The VPMCPA-
PAMB shall have the following powers and functions: 2 :

a. Decide matters relating to planning, resource use and’ protection, and
general administration. of the area in accordance, with the management
plan; ,

b. Approve budget allocations, proposals, work plans, action plans, and
guidelines for the management of the VPMCPA in accordance with the
management plan and its policies;

¢. Coordinate with national and local agencies, local government units, local
communities, the academe, non-governmental organizations, and such
other institutions. to ensure the conservation and management of the
VPMCPA;

d. Initiate the implementation of the delineation of the boundaries of the
VPMCPA; :

e. Promulgate rules and regulations to promote development programs and
projects on biodiversity conservation and sustainable development within
the VPMCPA and consistent with the management plan;

f. Ensure the implementation and enforcement of laws, rules and regulations,
policies, programs and projects within the VPMCPA;


. Control and regulate construction, operation, and maintenance of structures
and utilities within the VPMCPA;

. Monitor and evaluate the performance of the VPMCPA-PAMB and all other
persons tasked to implement activities and projects in the VPMCPA;

Appoint the VPMCPA Park Superintendent, and, upon recommendation of
the Park Superintendent, appoint all VPMCPA management personnel based
‘on internal selection criteria and decide on their compensation and benefits;

Generate funds and accept donations and grants and exercise accountability
over all funds that may accrue to the VPMCPA;

Manage the VPMCPA Trust Fund, as herein provided;

Exercise quasi-judicial functions for adjudicating cases of violations of this
Act and exact fines and fees for violations of guidelines, rules and
regulations within the VPMCPA;

. Set and impose fees for permits, including but not limited to utilization
permits and user's fees, to be issued by the VPMCPA-PAMB in accordance
with the provisions of this Act;

. Deputize individuals for the enforcement of laws, rules and regulations
governing conduct within the VPMCPA, and prescribe the necessary
qualifications therefore;

Designate collecting’ officers for funds generated by the VPMCPA and
formulate procedure for the disbursement thereof in accordance with
sound accounting and auditing standards; ,

. Retain legal counsel to defend cases against the VPMCPA-PAMB and the
Office of the Park Superintendent whenever they are sued in connection
with the performance of their duties under this Act, its guidelines, and rules
and regulations pertaining to the VPMCPA;

. Provide adequate measures to ensure consultation and participation of
stakeholders;

Perform such other functions necessary for the fulfillment of the provisions
of this Act and other applicable laws, rules and regulations, and other tasks
that may be formally requested by various Local Government Units in whose
land area for part of the VPMCPA.


Sec. 14. Verde Passage Marine Corridor Protected Area
Superintendent’s Office (VPMCPASO). - There shall be a Verde Passage
Marine Corridor Protected Area Superintendent's Office (VPMCPASO) to be headed
by the VPMC-PASu who shail serve as the chief operating officer of the entire
VPMCPA. The VPMC-PASU-and his/her staff shall hold office in a place to be
designated by the VPMCPA-PAMB. Provided, That the VPMCPA-PAMB may authorize
the establishment of sub-offices for purposes of convenience, safety, accessibility,
economy, and such other justifiable reasons: Provided, further, That at least a sub-
Office shall be established within the VPMCPA.

The VPMC-PASu shall have full responsibility for the protection of resources
within the VPMCPA and shall exercise the following duties and responsibilities in
addition to those provided under existing laws and regulations:

a. Prepare the management plan and its successor plans as herein provided;

b. Serve as secretary to the VPMCPA-PAMB with the duty to provide ‘the
VPMCPA-PAMB with all the information necessary to make appropriate
decisions for the implementation of this Act.

c. Hire non-management personnel of the VPMCPA and recommend
management personnel to the VPMCPA-PAMB; .

d. Supervise VPMCPA personnel in the performance of their duties’ and
functions;

e. Establish productive partnership with national and local agencies, local
government units, local communities, the academe, non-governmental
organizations, and such other institutions to ensure the conservation and
management of the VPMCPA;

f. Develop and implement park information, interpretation, education and
other visitor programs;

g. Enforce the laws, rules and regulations and VPMCPA-PAMB resolutions
relevant to the VPMCPA, file complaints, and assist in the prosecution of
offenses;

h. Monitor all activities within the VPMCPA in conformity with the management
plan;

i. Ensure that consultative and participatory mechanisms are maximized in
decision-making;

j, Perform such other functions as the VPMCPA-PAMB may assign.


Sec. 15. Components of the VPMCPASO. - The VPMCPASO, with the
approval of the VPMCPA-PAMB, shall ensure efficient and effective implementation of
this Act through various components or divisions that may be deemed necessary.
Provided, That the VPMCPA-PAMB and the VPMC-PASu shall ensure that there are
components in the VPMCPASO that shall ensure conservation awareness; visitor
management; research, planning, and monitoring planning, information, education
and communication; law enforcement and security; and community development,

Sec. 16. Role of Local Government Units. - The Provinces of
Marinduque, Batangas, Mindoro Occidental, Mindoro Oriental, and Romblon and the
cities and municipalities encompassed by the VPMCPA shall participate in the
management of the VPMCPA through their representation in the VPMCPA-PAMB.
The provisions of this Act shall be incorporated into the municipal, city and provincial
development plans within the Provinces of Marinduque, Batangas, Mindoro
Occidental, Mindoro Oriental, and Romblon, and the Regional Development Plans of
Regions IV-a and IV-B as part of the environmental concerns of the provinces and
the regions. Local government units shall likewise ensure that local ordinances
pertaining to the environment are consistent with this Act and the management
plan, as herein provided, at

Sec. 17. Role of the DENR. - The DENR shall coordinate closely with the
VPMCPA-PAMB to ensure sound management and conservation of the VPMCPA;
provide technical and financial assistance; and be represented in the VPMCPA-PAMB
by the Regional Executive Director (RED) of Region 4-A as co-Chairperson and the
Provincial Environment and Natural Resources Officers (PENRO) of Marinduque,
Batangas, Mindoro Occidental, Mindoro Oriental, and Romblon as members;

Sec. 18. Fiscal Matters. - The VPMCPA shall enjoy fiscal autonomy. It shall
have the sole power to decide on the use of its funds from whatever source.

The VPMCPA shall not be required to contribute to the Integrated Protected
Area Fund (IPAF) provided under Republic Act No. 7586,

Sec. 19. The VPMCPA Fund. - There is hereby created a Verde
Passage Marine Corridor Protected Area Fund which shall consist of all the fees,
penalties, donations, ‘grants, endowments, revenues, and any other, income
pertaining to the VPMCPA. The fund shall be used for financing projects and
activities in the VPMCPA to attain the objectives of this Act.

The Verde Passage Marine Corridor Protected Area Fund shall be deposited in a
government bank and automatically appropriated for the exclusive use of the
VPMCPA-PAMB for park operations according to its management plan, approved
work and financial plan, and manual of operations. The fund shall be subject to the
regulations of the Commission on Audit and the VPMCPASO shall submit a report to
the DENR as to the disposition of the same.


All proceeds and revenues pertaining to the VPMCPA shall be exempt from
whatever tax, charges or fees: Provided, That the VPMCPA-PAMB shall apportion
the revenues in accordance with the provisions of Section 18 of this Act.

ARTICLE IV
UTILIZATION OF RESOURCES

Sec. 20. Activities Within and Use of VPMCPA Resources. - No person
or entity shail enter, enjoy, or use any portion of the VPMCPA and its resourcés for
whatever purpose without prior permission from the VPMCPA-PAMB or the VPMC-
PASu as herein provided.

Sec, 21. Modes of Utilization. - The VPMCPA-PAMB shall determine based
on existing scientific evidence, laws, rules and regulation, international instruments,
traditional resource utilization, management modalities in the area, carrying
capacity, and observing precautionary principle the modes of utilization of the
VPMCPA and all the resources found therein. Permits shall only be issued for such
modes of utilization and enjoyment as the VPMCPA-PAMB and this Act shall allow.

Sec. 22. Utilization Permits and Users’ Fees. - The VPMCPA-PAMB shall
have the exclusive authority to issue permits and conditions thereto and determine
and collect fees for the use and enjoyment of the VPMCPA and the resources
therein: Provided, That the VPMCPA-PAMB may delegate to the VPMC-PASu the
authority to issue permits and collect fees for temporary access to the VPMCPA, such
as, passage, visiting, or diving, subject to the limits as may be determined by the
VPMCPA-PAMB: Provided, however, That entry into the VPMCPA for emergency
reasons shall not be subject to permit and users’ fees;

Sec. 23. Energy and Non-Renewable Resources, - Any exploration,
exploitation or use of non-renewable resources, such as minerals and oil, within.the
VPMCPA shall not be allowed. Energy projects shall be allowed only through an Act
of Congress except those that generate energy from wind’and sun or other clean
renewable energy sources.

ARTICLE V
PROHIBITED ACTS AND PENALTIES

Sec. 24, Unauthorized Entry, Enjoyment, or Use. - Except in
emergency situations, it shall be unlawful to enter the strict protection zones within
the VPMCPA without prior permission from the VPMCPA-PAMB or the VPMC-PASu as
herein provided. It shall also be unlawful to enter, enjoy, or use for any. purpose
any management zone where such entry, enjoyment or use is prohibited. This rule


shall similarly apply to the use of vehicles, vessels, gears and equipment in
management zones where such are not allowed.

Violation of this “Section shall subject the responsible person or entity to an
administrative find of from Five Thousand Pesos (P5,000.00) to Thirty Thousand
Pesos (P30,000.00), as may be determined by the VPMCPA-PAMB.

Sec. 25. Non-Payment of Users’ Fees. - It shall be unlawful for any
person or entity to enjoy or utilize the VPMCPA and the resources therein without
payment of users’ fees as may be imposed by the VPMCPA-PAMB.

Violation of this Section shall be penalized with an administrative fine or double
the amount set by the VPMCPA-PAMB for the activity undertaken.

Sec. 26. Unauthorized Anchorage. - Except in emergency situations, it

shall be unlawful for any.person or entity to anchor outside the designated areas
determined by the VPMCPA-PAMB.

Violation of this Section shall be penalized with an administrative fine or not
less than Five Thousand Pesos (P5,000.00) and not more than Thirty Thousand
Pesos (P30,000.00) without prejudice to the provisions of Section 24 thereof.

Sec. 27. Dumping of Waste and Littering. - It shall be unlawful for any
person or entity to dump waste inside the VPMCPA. It shall likewise be unlawful to
clean and change the oil of vessels within the VPMCPA.

Violation of this provision shall be punished with imprisonment of six (6)
months to one (1) year, and fine of not less than Five Thousand Pesos (P5,000.00).
The VPMCPA-PAMB shall impose an administrative fine of not less than Ten
Thousand Pesos (P10,000,00) and not more than Thirty Thousand Pesos
(P30,000.00), and order the violator to clean up the waste or pay for the clean-up
thereof.

Tt shall likewise be unlawful. to litter within the VPMCPA. Littering shall be
penalized by the VPMCPA-PAMB with an administrative fine of from Three Thousand
Pesos (P3,000.00) to Five Thousand Pesos (P5,000.00).

Sec. 28. Bioprospecting without Permit. It shall be unlawful to conduct
bioprospecting within the VPMCPA.

Violation of this Section shall be punished with imprisonment of six.(6) months
to six (6) years; fine of Two Hundred Thousand Pesos (P200,000.00) to One Million
Pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, and
equipment, gears, and vessels used. The VPMCPA-PAMB shall also impose an
administrative fine ranging from Two Hundred Thousand Pesos (P200,000.00) to


One Million Pesos (P1,000,000.00); and confiscation and forfeiture of the resources
subject of the offense, and the equipment, gears, and vessels used.

Sec. 29. Introduction of Exotic Species. - It shall be unlawful to
introduce exotic species of plants or animals in the VPMCPA.

Violation of this Section shali be punished with imprisonment of six (6) months
to six (6) years; fine of One Hundred Thousand Pesos (P100,000.00) to One Million
Pesos (P1,000,000.00); and forfeiture of the resources subject of the offense, and
the equipment, gears, and vessels used. The VPMCPA-PAMB shall also impose an
administrative fine ranging from Two Hundred Thousand Pesos (P200,000.00) to
One Million Pesos (P1,000,000.00); and confiscation and forfeiture of the resources
subject of the offense, and the equipment, gears, and vessels used.

Sec. 30. Hunting, catching, fishing, killing, taking, gathering,
removing, destroying, disturbing, or possessing resources. - &xcept in
cases of emergency and safety, it shall be unlawful for any person-to actually or to
attempt to hunt, catch, fish, kill, take, father, remove, destroy, disturb, or possess
any resources, whether living or non-living, or products derived from the VPMCPA
therefrom, without a permit from the VPMCPA-PAMB and such other permits as may
be required by law, rules and regulations. The unauthorized entry of a vessel in the
VPMCPA shall be prima facie evidence of violation of this Section.

Violation of this Section shall be punished as follows:

(1) Where the offender uses explosives, noxious or poisonous substances, or
electricity, the penalty shall be imprisonment ranging from six (6) years to twelve
(12) years without prejudice to the filing of separate criminal cases when the use of
the same results in physical injury or loss of human life; fine ranging from Thirty
Thousand Pesos (P30,000.00) to One Hundred Thousand Pesos (P100,000.00); and
forfeiture of the resources subject of the offense, and equipment, gears, and vessels
used. The VPMCPA-PAMB shall also impose an administrative fine ranging from
Forty Thousand Pesos (P40,000.00) to One Hundred Fifty Thousand Pesos
(P150,000.00) and confiscation and forfeiture of the resources subject of the offense
and equipment, gears and vessels used.

The discovery of dynamite, other explosives, and chemical compounds which
contain combustible elements, or noxious or poisonous substances, or equipment or
device for electro-fishing in any vessel or in the possession of any person within the
VPMCPA shail constitute prima facie evidence that the same was used in violation of
this Act. The discovery in any vessel or in the possession of any person with the
VPMCPA of resources caught, taken, killed, removed, gathered or destroyed with the
use of explosives, noxious or poisonous substances, or by electricity shall constitute
prima facie evidence of violation of this Act.


(2) Where the offender merely possesses explosives, noxious or poisonous
substances, or electro-fishing devices within the VPMCPA, the punishment shall be
imprisonment ranging from six (6) years and one day to twelve (12) years; fine
ranging from Thirty thousand pesos (P30,000.00) to One hundred thousand pesos
(P100,000.00); forfeiture of fish catch, fishing equipment, and vessels; The
VPMCPA-PAMB shall also impose an administrative fine ranging from Forty thousand
pesos (P40,000.00) to One hundred fifty thousand pesos (P150,000.00); and
confiscation and forfeiture of the resources subject of the offense, equipment, gears
and vessels.

(3) Where the offender takes, removes, fishes, gathers, kills, destroys or
possesses corals, except for scientific or research purposes authorized by the
VPMCPA-PAMB, other laws, the Department of Agriculture, or the DENR, the
operator, boat captain, master fisherman, and recruiter or organizer of fishworkers
involved shall suffer a penalty of six (6) years and one day to twelve (12) years
imprisonment; fine of not less than One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00); forfeiture of catch, fishing equipment,
gears and:vessels. The VPMCPA-PAMB shall also impose administrative fine ranging
from Thirty Thousand Pesos (P30,000.00) to One Hundred Thousand Pesos
(P100,000.00); and confiscation and forfeiture of the corals subject of the offense,
and the equipment, gears and vessels used.

(4) Where the offender takes, removes, fishes, gathers, kills, destroys or
possesses corals, except for scientific or research purposes authorized by the
VPMCPA-PAMB, the penalty shall be imprisonment ranging from six (6) years and
one day to twelve -(12) ‘years; fine ranging from Twenty thousand pesos
(P20,000.00) to Eighty thousand pesos (P80,000.00); forfeiture of the corals,
equipment, gears and vessels. The VPMCPA-PAMB shall also impose _an
administrative fine ranging from Thirty Thousand Pesos (P30,000.00) to One
hundred thousand pesos (P100,000.00); and confiscation and forfeiture of the corals
subject of the offense, and the equipment, gears, and vessels used.

(5) Muro-Ami, pa-aling, all kinds of trawls (galadgad, Norway), purse seine
(pangulong), Danish seine (Aulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot,
patangko, bira-bira, buli-bull, hulahoop, zipper, lampornas, etc.), ring net (kubkob,
pangulong, kalansisi), drive-in net (kayakas), round haul siene (sapyaw, /awag)
motorized push net (sudsod), bagnet (basing, saklit), or any of their variations, are
hereby declared destructive fishing methods or gears under this provision.

(6) Where the offender gathers or removes pebbles, stones, rocks, sand or
other materials that form part of the habitat, or otherwise engages in the quarrying
or dredging of any portion of the VPMCPA, the penalty shall be six (6) years and one
day to twelve (12) years imprisonment; fine of not less than Thirty thousand pesos
(P30,000.00) to Five hundred thousand pesos (P500,000.00); and forfeiture of the
substance taken from the habitat, and the equipment and vessels used to commit
such violation. The VPMCPA-PAM8 shall also impose administrative fine ranging


from Thirty thousand pesos (P30,000.00) to Seven hundred thousand pesos
(P700,000.00); and confiscation and forfeiture of the substance taken, and
equipment and vessels used in the commission of the violation. © ~

(7) Where the subject of the offense are protected species as defined in this
‘Act, the penalty shall be imprisonment of twelve (12) years to twenty (20) years;
fine of One Hundred Twenty Thousand Pesos (P120,000.00) to One Million Pesos
(P1,000,000.00) for every threatened or endangered organism subject of the
offense; forfeiture of the catch, equipment, gears and vessels; and cancellation of
fishing permit. The VPMCPA-PAMB shall also impose an administrative fine ranging
from One hundred fifty thousand pesos (P150,000.0) to One Million pesos
(P1,000,000.00) for every threatened or endangered organism subject of the
offense; and confiscation and forfeiture of catch, equipment, gears and vessels.

(8) Where the violations of this Section are not covered by the preceding
paragraphs, the penalty shall be imprisonment of one (1) year to three (3) years;
fine of not less than Ten thousand pesos (P10,000.00); and forfeiture of the catch,
equipment, gears, and vessels; and cancellation of permit that makes it possible for
the offender to commit the offense. The VPMCPA-PAMB shall also impose an
administrative fine ranging from Fifteen thousand pesos (P15,000.00) to One Million
pesos (P1,000,000.00); and confiscation and forfeiture of catch, equipment, gears
and vessels.

Sec. 31. Poaching by foreigners. - It shall be unlawful for any foreign
person, corporation, or entity to fish or operate any fishing vessel in the VPMCPA.
The entry of any foreign fishing vessel in the VPMCPA shall constitute prima facie
evidence that the vessel is engaged in fishing in the area.

Violation of the above shall be punished by imprisonment of six (6) years and
one day to twelve (12) years and a fine of One hundred thousand U.S. Dollars
(US$100,000.00), in addition to the forfeiture of its catch, fishing equipment, and
fishing vessel: Provided, That in case of non-payment of fine, subsidiary
imprisonment shall be imposed: Provided, further, That the VPMCPA-PAMB is
empowered to impose an administrative fine of not less than Fifty thousand U.S.
Dollars (US$50,000.00), but-not more than Two hundred thousand U.S. Dollars
(US$200,000.00) or its equivalent in Philippine Currency, in addition to the
confiscation and forfeiture of the fish catch, fishing equipment, and fishing vessel.
Provided, finally, That a bond may be posted for the vessels which shall not be less
than One hundred thousand U.S. dollars (US$100,000.00).

Sec. 32. Violation of Environmental Impact Assessment System. -
The VPMCPA-PAMB shall prosecute violations of laws and rules of the Environmental
Impact Assessment System. Such violations shall be punished by imprisonment of .
three (3) years to five (5) years; fine of One Hundred Thousand (P100,000.00) for
every day that each violation subsists; rehabilitation of the affected area or the
amount equivalent thereto; and forfeiture of the vessels, structures, effects,


materials, and equipment used, and the products of such violation. If the offender is
a corporation, the directors and officers shall suffer the imprisonment. The VPMCPA-
PAMB shall also impose an administrative fine of One hundred thousand pesos
(P100,000.00) for every day that each violation subsists; rehabilitation of the
affected area or the amount equivalent thereto; and confiscation and forfeiture of
the vessels, structures, effects, materials and equipment used, and the products of
such violation.

Sec. 33. Violation of Standards. - The owner, operator and top three (3)
Officers of any vessel violating the standards set by the VPMCPA-PAMB, such as, but
not limited to, safety and sanitary standards, shall suffer administrative penalty of
fine ranging from Twenty thousand pesos (P20,000.00) to Fifty thousand pesos
(P50,000.00) for every day each violation subsists, and from suspension of three (3)
months to cancellation of permit to operate in the VPMCPA.

Sec. 34, Obstruction to Law Enforcement Officer. - The boat owner,
master, operator, officer, or any person acting on his/her behalf, of any vessel who.
evades, obstructs, or hinders any law enforcement officer in the VPMCPA to perform
his/her duty, shall be fined Twenty thousand pesos (P20,000.00). In addition, the
registration, permit, and/or license of the vessel including the license of the officers
thereof shall be cancelled.

Sec. 35. Promulgation of Rules and Regulations. - The VPMCPA-
PAMB may issue rules and regulations, including the imposition of penalties, in
pursuit of the conservation, preservation, management, and sustainable
development of the VPMCPA. Provided, That such rules and regulations shall be
consistent with this Act.

Sec. 36. Fines and Forfeitures, - A\\ the criminal fines and forfeitures
that may be imposed by the courts and the administrative fines and forfeitures that
may be imposed by the VPMCPA-PAMB under this Act and the rules and regulations
that may be promulgated in pursuit of the goals and objectives of this Act, shall be
given to the VPMCPA-PAMB and shall form part of the funds and assets of the
VPMCPA.

ARTICLE VI
LAW ENFORCEMENT AND PROSECTION

Sec. 37. Enforcement of this Act, other Laws, Rules, and
Regulations Wtihin the VPMCPA. - The Armed Forces of the Philippines (AFP),
the Philippine. National Police (PNP), the Philippine Coast Guard (PCG), the law
enforcement officers of the DENR and DA-BFAR, LGU officials, law enforcement
officers of LGUs, members and officers of the VPMCPA-PAMB, the VPMC-PASu and
his/her staff, and other government enforcement agencies, are hereby authorized to
enforce this Act and other laws, rules and regulations within the VPMCPA.


The VPMCPA-PAMB may deputize in writing other persons to enforce the
provisions of this Act and other laws, rules and regulations within the VPMCPA.

Any one of the above persons and entities is authorized to file administrative
cases before the proper agencies and bodies, or initiate criminal proceedings in
accordance with the Rules of Court, for offenses committed within the VPMCPA.

Sec. 38. Inspection Powers. - The VPMCPA-PASu and all law enforcers
shall have the power to stop, board, search, and inspect all vessels within the
\VPMCPA for the purpose of enforcing the provisions of this Act and other laws, rules
and regulations.

Sec. 39. Coordination Between VPMCPA-PAMB/VPMC-PASu and Law
Enforcement Agencies. . - The VPMCPA-PAMB and the VPMC-PASu shall
coordinate with law enforcement arms and agencies of government to ensure
effective enforcement of the provisions of this Act and other applicable taws, rules
and regulations within the VPMCPA. The AFP, PNP, PNP-Maritime Command, PCG,
Jaw enforcement officers of the DENR, DA-BFAR, and concerned LGUs shall
cooperate with the VPMCPA-PAMB and the VPMC-PASu for this purpose. Towards
this end, the concerned agencies shall promulgate the necessary joint issuances and
orders providing guidelines and procedures for common activities no Jater than six
months after the effectivity of this Act.

Sec. 40. Special Prosecutors and Counsels. - The Department of
Justice (DOJ), upon recommendation of the VPMCPA-PAMB, shall designate special
prosecutors, either or both from among state and public prosecutors to_do
preliminary investigation and prosecute violations of this Act and other laws, rules
and regulations within the VPMCPA. Such special prosecutors shall coordinate with
the VPMCPA-PAMB and the VPMC-PASu in the performance of his/her duties and
assist in the training of wardens-and rangers in arrest and criminal procedure. The
VPMCPA-PAMB shall periodically submit an evaluation of the performance of the
designated special prosecutors to the DOJ.

The VPMCPA-PAMB may retain the services of a competent lawyer to
prosecute and/or assist in the prosecution of cases under the direct contro! and
supervision of the regular or special prosecutor and to defend the members of the
\VPMCPA-PAMB, the VPMC-PASu.and VPMCPASO staff, or any person assisting in the
protection, conservation and sustainable.development of VPMCPA, against any legal
action related to their powers, functions, and responsibilities as provided in this Act
or as delegated or tasked by the VPMCPA-PAMB.

Sec. 41. Citizen Suits. - For the purpose of enforcing the provisions of
this Act or its implementing rules and regulations, any citizen may file an appropriate
civil, criminal, or administrative action in the proper courts/bodies against:


(a) Any person who viotates or fails to comply with the provisions of this
Act its implementing rules and regulations; or

(b) Those persons mandated to implement and enforce the provisions of
this Act with respect to orders, rules and regulations issued inconsistent with this
Act, and/or

(c) Any public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, improperly
performs his duties under this Act or its implementing rules and regulations;
Provided, however, That.no. suit.can be filed until after thirty-day (30) notice has
been given to the public officer and the alleged violator concerned and no
appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees and
likewise, upon prima facie showing of the enforcement or violation complained of,
exempt the plaintiff from the filing of an injunction bond for the issuance of
preliminary injunction.

In the event that the citizen should prevail, the Court shall award reasonable
attorney's fees, moral damages and litigation costs as appropriate.

Sec. 42. Suits and Strategic Legal Action Against Public Pariticipation
(SLAPP) and the Enforcement of this Act. - Where a suit is brought against a
person who filed an action as provided in Section 41 of this Act, or against any
person, institution or government agency that implements this Act, it shall be duty of
the investigating prosecutor or the Court, as the case may be, to immediately make
a determination not exceeding thirty (30) days whether said legal action has been
filed to harass, vex, exert undue pressure, or stifle such legal recourse of the person
complaining of or enforcing the provisions of this Act. Upon determination thereof,
evidence warranting the same, the investigating prosecutor or the Court, as the case
may be, shall dismiss the complaint. In addition, the Court shall award the
attorney's fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity. There being no grave abuse of authority, and
done in the course of enforcing this Act. ~

ARTICLE VII
TRANSITORY PROVISIONS
Sec. 43. Convening the VPMCPA-PAMB - Within one(1) month upon the

effectivity of this Act, the interim VPMCPA-PAMB shall convene to ensure that its
composition and structure conform with the provisions of this Act.


Sec, 44. Continuation of all Other Arrangements, - Except when
otherwise provided by this Act, all arrangements, commitments, and agreements
pertaining to the management, utilization, conservation and protection of the
VPMCPA made and entered into by government agencies, the present VPMCPA-
PAMB, and the Philippine Navy and the Philippine Coast Guard, shall continue to
subsist until validly amended, revised, repealed or renewed.

ARTICLE VIII
GENERAL PROVISIONS

Sec. 45. Appropriation, - For the purpose of this Act, there is hereby
appropriated the amount One million pesos (P1,000,000.00), annually for the first
five(5) years of implementation of this Act, after which the VPMCPA Fund should
support the activities of the protected area without prejudice to the possibility of
annual appropriations as may pe required and sourced from the budget of the
DENR, the Provincial Governments of Marinduque, Batangas, Mindoro Occidental,
Mindoro Oriental, and Romblon, the cities of Batangas and Calapan or any other
government agency.

Sec. 46. Construction and Suppletory Application of Existing Laws, -
The provisions of this Act shall be construed liberally in favor of achieving
biodiversity conservation, protection and sustainable development. The provisions
of Republic Act No. 7586, otherwise knows as the National Integrated Protected
Areas System Act, Republic Act No, 8550, otherwise known as the Philippine
Fisheries Code of 1998, Republic Act No. 9147, otherwise known as the Wildlife
Resources Conservation Act, and existing forestry laws, and their corresponding
rules and regulations not inconsistent hereto shall have suppletory effect in the
implementation of this Act.

Sec. 47. Separability Clause. - If any part or section of this Act is
declared unconstitutional or otherwise invajid, such declaration shail not affect the
other parts or sections hereof.

Sec. 48. Repealing Clause. - All laws, presidential decrees, executive

orders, rules and regulations inconsistent with this Act shall be deemed repealed or
modified accordingly.

Sec. 49. Effectivity. - This Act shall take effect immediately after its
complete publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved, . "i