FOURTEENTH CONGRESS OF THE} 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
Senate Bill No. 
L 
Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
This bill seeks to declare the Malabungot Wilderness Area in the Province 
The Wilderness Area which covers lands of public domain and its 
surrounding waters is located in the Municipality of Garchitorena, Camarines 
Sur. It has a total area of more or less 120.62 hectares. Due to its biodiversity 
and ecological significance, the Malabungot Wilderness Area now known as 
the Malabungot Protected Landscape and Seascape, was declared a 
protected area under the category of Protected Landscape and Seascape, 
in 23 April 2000 through Presidential Proclamation No. 288. 
In line with the policy of the State to protect and advance the right of 
the people to a balanced and healthful ecology in accord with the rhythm and 
harmony of nature, it is incumbent upon Congress to enact a law to provide 
for the area’s management, protection, conservation and sustainable 
development. It shall be established within the framework of R.A. 7586 or the 
National Integrated Protected Area System (NIPAS) Act of 1992. 
Therefore, this bill seeks to declare the Malabungot Wilderness Area as a 
protected area in order to protect it from indiscriminate exploitation and to 
maintain and preserve its ecological balance. 
of Camarines Sur as a protected area. 
In view of the foregoing, the passage of this bill is earnestly sought. 
MANNYVI ? 
LAR 


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FOURTEENTH CONGRESS OF THE} 
REPUBLIC OF THE PHILIPPINES 
} 
Second Regular Session 
NUV 19 P3 :il 
S E N A T E  
R@>V VFI 
X‘ 
Senate Bill No. 
Introduced by Senator Manny Villar 
AN ACT 
ESTABLISHING THE MALABUNGOT WILDERNESS AREA SITUATED IN 
THE MUNICIPALITY OF GARCHITORENA, IN THE PROVINCE OF 
CAMARINES SUR, AS A PROTECTED AREA, PROVIDING FOR ITS 
MANAGEMENT, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION I. Title. - This Act shall be known as the “Malabungot Protected 
Landscape and Seascape Act of 2008.” 
SEC. 2. Land Classification. - All lands of the public domain comprising 
the Malabungot Protected Landscape and Seascape shall fall under the 
classification of National Park as provided for the Constitution. 
SEC. 3. Scope and Coverage. - The Malabungot Wilderness Area, 
which falls under the category of protected landscape and seascape as defined 
therein, shall cover lands of public domain and its surrounding waters in the 
Municipality of Garchitorena in the Province of Camarines Sur. It shall have the 
following boundaries: Beginning at a point marked “1” on the map being identical 
to latitude 1335’32.77” and longitude 12335’0.00”. 
Thence 
N 7 3  01’ W 
312.70 m. 
to corner 2; 
Thence 
N 19 43’ W 
203.60 m. 
to corner 3; 
Thence 
N 6 9  43’ W 
369.40 m. 
to corner 4; 
Thence 
N 4 9  13’ E 
701.40 m. 
to corner 5; 
Thence 
S 110 53’ E 
347.60 m. 
to corner 6; 
Thence 
S 5 9  53’ E 
599.00 m. 
to corner 7; 
Thence 
S 810 15’ E 
866.40 m. 
to corner 8; 
Thence 
S 520 36’ E 
323.40 m. 
to corner 9; 
Thence. 
S 2 9  03’ W 
863.10 m. 
to corner I O ;  
Thence 
N 310 38’W 
650.60 m. 
to corner 11; 
Thence 
S 7@ 52’ W 
229.60 m. 
to corner 12; 
Thence 
N 7 9  47’ W 
425.30 m. 
to corner 13; 
Thence 
N 3 2  18’ W 
214.80 m. 
to corner 1; which is 
the point of beginning containing an area of One Hundred Twenty and 62/100 
(120.62), more or less hectares. 
The technical descriptions provided in this Act will be subject to ground 
survey and verification to be conducted by the Department of Environment and 
Natural Resources (DENR). 
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Any modification of the coverage of this Act due to such factors as 
changing ecological situations, new scientific or archeological 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. Definition of Terms. - For purposes of this Act, the following 
terms are defined as follows: 
a. “Biodiversity” refers to variety and variability among living organisms 
and the ecological complexes in which said organisms occur. 
b. “Biological resources” refers to genetic resources, organisms or parts 
thereof, population, or any other biotic component of ecosystems with actual or 
potential use or value for humanity. 
c. “Bioprospecting” means the research, collection and utilization of 
biological and genetic resources for purposes of applying the knowledge derived 
therefrom solely for commercial purposes. 
d. “Buffer Zone” refers to the identified area outside the boundaries of 
and immediately adjacent to the designated Malabungot Protected Landscape 
and Seascape that needs special development control in order to avoid or 
minimize harm to the Malabungot Protected Landscape and Seascape. 
e. “By-products or derivatives” refers to any part taken or substance 
extracted from wildlife, in raw or in processed form. This includes stuffed animals 
and herbarium specimens. 
. .  
f. “Collection or collecting” refers to the act of gathering or harvesting 
wildlife, its by-products or derivatives. 
g. “Conservation” refers to the sustainable utilization of wildlife, and/or 
maintenance. restoration and enhancement of the habitat. 
h. “Ecosystem” refers to the dynamic complex of plant, animal and 
microorganism communities and their non-living environment interacting as a 
functional unit. 
i. “Endangered species” refers to species or subspecies of flora and 
fauna that is not critically endangered but whose survival in the wild is unlikely if 
the causal factors continue operating. 
j. “Endemic species” refers to species or subspecies of flora and fauna 
which is naturally occurring and found only within specific areas in the country. 
k. “Exotic species” refers to species or subspecies of flora and fauna 
which do not naturally occur within the Malabungot Protected Landscape and 
Seascape at present or in historical time. 
I. “Habitat“ refers to a place or type of environment where a species or 
subspecies naturally occur or has naturally established its population. 
m. “Hunting” refers to collection of wild fauna for food andlor recreational 
purposes with the use of weapons such as guns, bow and arrow, spear and the 
like. 
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n. “Management plan” refers to the fundamental plan, strategy and/or 
scheme which shall guide all activities relating to the Malabungot Protected 
Landscape and Seascape in order to attain the objectives of this Act. 
0. “Mineral” refers to all naturally occurring inorganic substance in solid, 
gas, liquid, or any intermediate state including energy materials such as coal, 
petroleum, natural gas, radioactive materials, and geothermal energy. 
p. “Multiple-Use Zone” refers to the area where settlement, traditional 
and/or sustainable land use, including agriculture, agro-forestry, extraction 
activities and other income generating or livelihood activities, may be allowed to 
the extent prescribed in the management plan. 
q. “National Integrated Protected Areas System (NIPAS)” refers 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. 
r. “NIPAS Act” refers to the National Integrated Protected Areas System 
Act (NIPAS) of 1992 or Republic Act No. 7586, and its Implementing Rules and 
Regulations. 
s. “Non-governmental organization (NGO)” refers to an agency, 
institution, foundation or a group of persons whose purpose is to assist peoples 
organizations/associations in various ways including, but not limited to, 
organizing, education, training, research and/or resource accessing. 
t. “People’s Organization (PO)” refers 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. 
u. “Protected Area” refers to the identified portions of land and/or water 
set aside by reason of their unique physical and biological significance, managed 
to enhance biological diversity and protected against destructive human 
exploitation. 
v. “Protected Area Management Board (PAMB)” refers to a multi- 
sectoral policy-making body for protected areas created in accordance with RA 
7586 or the NIPAS Act of 1992; 
w. “Protected landscape” refers 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. 
x. “Protected species” refers to any individual species of plants and 
animals that is or shall be declared as protected under Philippine laws, rules and 
regulations issued by the DENR, species listed as protected against trade, 
hunting and harvest under international conventions to which the Philippines is or 
will become a signatory such as, but not limited to, the Convention on 
International Trade of Endangered Species (CITES). These include species, 
which may be restricted for use under regulations issued by the Protected Area 
Management Board (PAMB) or the DENR, and those particularly mentioned in 
the management plan. 
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y. “Quarrying” means the process of extracting, removing and disposing 
quarry resources found on or underneath the surface of private or public land; 
z. “Strict protection zone” refers to a natural area with high biodiversity 
value which shall be closed to all human activity except for scientific studies 
and/or 
ceremonial 
or 
religious 
use 
by 
the 
indigenous 
cultural 
communities/indigenous peoples; may include habitats of threatened species, or 
degraded areas that have been designated for restoration and subsequent 
protection, even if these areas are still in various stages of regeneration. 
aa. “Sustainable use” refers to the use of components of biological 
diversity in a way and rate that does not lead to the long-term decline of 
biological diversity, thereby maintaining its potential to meet the needs and 
aspirations of present and future generations; and quarry resources found on or 
underneath the surface of private or public land. 
bb. “Tenured Migrants” refers to occupants who have actually and 
continuously occupied a portion of the protected area and is solely dependent 
therein for subsistence. 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 Malabungot Protected Landscape and 
Seascape. 
cc. “Wildlife” means wild forms and varieties of flora and fauna, in all 
developmental stages, including those which are in captivitiy or are being bred or 
propagated. 
SEC. 5. Management of the Chico Island Wildlife Sanctuary. - There 
is hereby created a PAMB which shall have jurisdiction, power and authority over 
the Malabungot Protected Landscape and Seascape for all matters that may 
affect biodiversity conservation, protection and sustainable development. It shall 
be composed of: 
(1) The Regional Executive Director (RED) of DENR Region V as 
chairperson; 
(2) The Provincial Planning and Development Officer (PPDO) of the 
Province; 
(3) 
The Mayor of the Municipality of Garchitorena in the Province of 
Camarines Sur, or their duly designated representatives; 
(4) 
Malabungot Protected Landscape and Seascape; 
(6) One representative from each department or national government 
agency directly involved in the Malabungot Protected Landscape and 
Seascape or has long term projects or permanent facility located therein; 
(7) At least three (3) representatives from accredited NGOs operating 
within the Malabungot Protected Landscape and Seascape; 
(8) At least two (2) representatives from accredited POs operating within 
the within the Malabungot Protected Landscape and Seascape; and 
One representative from each barangay with territory inside the 
4 


(9) One representative from academic institutions directly involved in the 
conservation of the Malabungot Protected Landscape and Seascape. 
Each member of the PAMB shall serve for a term of five (5) years and 
shall be considered to represent his or her 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 co-terminus with their term 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 PAMBs of the Malabungot Protected Landscape and 
Seascape. Their nominations shall be conducted in a joint meeting of the current 
members of the interim PAMBs duly called for the purpose: Provided, That at 
least one- third (1/3) of the members shall be women. 
In the selection of the representatives of POs and NGOs, preference shall 
be accorded to those organizations that are involved in the conservation, 
protection and development of the Malabungot Protected Landscape and 
Seascape. 
Representation shall be by institution and shall aim to achieve 
balance in representation by geographic location or areas. 
The representatives from the local government units (LGUs) and national 
agencies in the PAMB shall include among their duties to inform their respective 
constituents, office or sector, of PAMB approved or other relevant policies, rules, 
regulations, programs, and projects, and to ensure that the provisions of this Act 
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 Board 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 Board or in connection with other official 
business authorized by a resolution of the Board, subject to existing rules and 
regulations. 
SEC. 6. Powers and Functions of the PAMB. - The PAMB of the Chico 
Island Wildlife Sanctuary shall have the following powers and functions in 
addition to those provided under RA 7586 or the NIPAS Act of 1992 and its 
Implementing Rules and Regulations: 
(1) Issue rules and regulations to prohibit acts that may be prejudicial to 
the Malabungot Protected Landscape and Seascape and to the 
declaration of policy set forth under the NIPAS; 
(2) Issue rules and regulations for the resolution of conflicts through 
appropriate and effective means; 
(3) Adopt rules and procedures in the conduct of business, including the 
creation of committees to which its powers may be delegated; 
(4) Approve the management plan and oversee the office of the Protected 
Area Superintendent (PASu); 
(5) Establish criteria and set fees for the issuance of permits for activities 
regulated by this Act or the management plan; 
5 


(6) Recommend the deputization of appropriate individuals for the 
enforcement of the laws, rules and regulations governing the conduct or 
management of the Malabungot Protected Landscape and Seascape; 
(7) Approve fees and charges in accordance with DAO 51, Series of 2000 
and raise funds for the Malabungot Protected Landscape and Seascape; 
(8) Manage the allocation of the Malabungot Protected Landscape and 
Seascape Fund, and other funds for the Malabungot Protected Landscape 
and Seascape, ensure their proper administration and render accounting; 
(9) 
Recommend appropriate policy changes to the DENR and other 
government authorities; and 
( I O )  Perform such other functions as the PAMB may delegate 
The DENR, through the Regional Executive Director of Region V, shall 
ensure that the PAMB acts within the scope of its powers and functions. In case 
of conflict between administrative orders issued by the DENR pursuant to the 
NIPAS Act and the resolutions issued by the PAMB, such conflict shall be 
referred by PAMB to the Secretary of the DENR-who shall decide whether to 
apply the rule or withdraw its application in the Malabungot Protected Landscape 
and Seascape. 
SEC. 7. 
Protected Area Superintendent (PASu) Office. - There is 
hereby established a PASu Office in charge of the implementation of the 
projects, programs and policies for the management, protection and 
administration of the Malabungot Protected Landscape and Seascape. It will be 
headed by a Protected Area Superintendent (PASu) and shall be supported by 
the existing personnel of the DENR. The PASu shall be the chief operating 
officer of the Malabungot Protected Landscape and Seascape and shall be 
accountable to the RED of the DENR-Region V 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 Malabungot 
Protected Landscape and Seascape. As such, the PASu shall have the following 
duties and responsibilities in addition to those provided under RA 7586 or the 
NIPAS Act of 1992 and its implementing rules and regulations: 
(1) Establish, operate and maintain a database management system as 
decision support tool; 
(2) 
Prepare the management plan for the Malabungot Protected 
Landscape and Seascape; 
(3) Provide a secretariat for the PAMB and supply the PAMB with all the 
information 
necessary to 
make 
appropriate 
decisions 
for 
the 
implementation of this Act; 
(4) Enforce the laws, rules and regulations relevant to the Malabungot 
Protected Landscape and Seascape, 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: 
6 


(5) Monitor all activities within the Malabungot Protected Landscape and 
Seascape to ensure its conformity with the management plan; 
(6) Recommend the issuance of permits based on terms, conditions and 
criteria established by the PAMB; 
(7) Ensure the integration of the Malabungot Protected Landscape and 
Seascape management policies, regulations, programs and projects at all 
the concerned national and LGU levels; and 
(8) Perform such other functions as the PAMB may assign. 
The PASu shall be supported by a sufficient number of personnel who 
shall be performing day to day management, protection and administration of the 
Malabungot Protected Landscape and Seascape. Upon the recommendations of 
the PAMB, the DENR RED shall deputize local community leaders and 
SEC. 8. Tenured Migrants and Other Malabungot Protected 
Landscape and Seascape Occupants. - Tenured migrants shall be eligible to 
become stewards of portions of lands within allowable zones. The PAMB shall 
identify, verify and review all tenurial instruments, land claims, and issuances of 
permits for resource use within the Malabungot Protected Landscape and 
Seascape and recommend the issuance of the appropriate tenurial instrument 
consistent with the zoning provided in the management plan and its successor 
plans. 
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. 
Other Malabungot Protected Landscape and Seascape occupants who do 
not qualify as tenured migrants shall be resettled outside the Malabungot 
Protected Landscape and Seascape as determined by the PAMB. The PAMB 
shall determine, plan and implement a definite schedule for resettling them 
outside of the Chico Island Wildlife Sanctuary following the procedures set forth 
by existing law. 
SEC. 9. 
Existing Facilities Within the Malabungot Protected 
Landscape and Seascape. - Within sixty (60) days from the effectivity of this 
Act, existing facilities such as roads, buildings, water systems, transmission lines, 
communication facilities, heavy equipment, and irrigation facilities existing within 
the boundaries of the Malabungot Protected Landscape and Seascape shall 
submit project description to the PAMB through the PASu. 
The PAMB, with the assistance of the DENR, shall determine whether the 
existence of such facility and its future plan and operations will be detrimental to 
the Malabungot Protected Landscape and Seascape or whether conditions for its 
operation shall be imposed. If any such conditions are violated, the owner of the 
facility shall be liable to pay a fine of Five thousand pesos (P5,OOO.OO) for every 
violation. 
Upon reaching a total fine of Five hundred thousand pesos 
7 


(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 
owner. 
Existing facilities allowed to remain within the Malabungot Protected 
Landscape and Seascape may be charged a reasonable royalty by the PAMB. 
All income from such royalty shall accrue to the Malabungot Protected 
Landscape and Seascape Fund. 
SEC. I O .  Utilization 0fResource.s. - Any exploitation of or utilization of 
non-renewable resources within the Malabungot Protected Landscape and 
Seascape shall not be allowed. Energy projects within the Malabungot Protected 
Landscape and Seascape shall be allowed only through an act of Congress 
except energy from wind, sun, and water sources of not more than one (1) 
megawatt capacity for mini-hydro power. Provided, That these renewable energy 
projects are outside the strict protection zone, adopt reduced impact 
technologies, and undergo the Environmental Impact Assessment (EIA) system 
as provided by law and: Provided, Further, that the PAMB has endorsed the 
project. 
SEC. 11. 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 all cases of violation of laws, rules and regulations 
in the Malabungot Protected Landscape and Seascape shall be assigned. Such 
Special Prosecutor shall coordinate with the PAMB and the PASu in the 
performance of higher duties and assist in the training of wardens and rangers in 
arrest and criminal procedures. The PAMB may retain the services of a 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 of the Malabungot Protected 
Landscape and Seascape, against any legal action related to their powers, 
functions and responsibilities as provided in this Act or as delegated or tasked by 
the PAMB. 
SEC. 12. Malabungof Protected Landscape and Seascape. - There is 
hereby established a trust fund to be known as the Malabungot Protected 
Landscape and Seascape Fund for purposes of financing its projects. Seventy- 
five percent (75%) of the .income generated from the operation of the Malabungot 
Protected Landscape and Seascape and/or management of wild flora and fauna 
in the landscapelseascape shall accrue to the Fund. The remaining twenty-five 
percent (25%) shall be deposited to the Integrated Protected Areas Fund (IPAF) 
as established in the NlPAS Act of 1992. 
Income shall be derived from visitor/tourist fees, fees from permitted sale 
and export of flora and fauna and other resources from the Malabungot Protected 
Landscape and Seascape, proceeds from registration and lease of multiple-use 
areas, including tourism concessions, fees, proceeds and contributions from 
industries and facilities directly benefiting from the Malabungot Protected 
Landscape and Seascape; and such other fees and income derived from the 
operation of the Malabungot Protected Landscape and Seascape. 
The Malabungot Protected Landscape and Seascape 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 
8 


regulations: 
personal services expenditures. 
Provided, Further, That the Fund shall not be used to cover 
The LGUs shall continue to impose and collect all other fees not 
enumerated herein which they have traditionally collected, such as business 
permits, property tax and rentals of LGUs’ facilities. Provided, That the LGUs 
shall not impose property tax and issue tax declaration for areas or properties 
located in timberland areas or areas previously classified as national parks. 
Furthermore, LGUs may charge add-ons to fees imposed by the PAMB: 
Provided, That such add-ons shall be determined based on the contribution of 
the LGUs in the maintenance and protection of the Malabungot Protected 
Landscape and Seascape. 
SEC. 13. Prohibited Acts and Penalties. - The following shall be the 
prohibitions and penalties applicable to the Malabungot Protected Landscape 
and Seascape, in addition to the prohibited acts as provided in the NlPAS Act 
and its Implementing Rules and Regulations: 
(A) The penalties and qualifications prescribed in Articles 309 and 310 of 
the Revised Penal Code, depending on the value of the resources involved in 
connection with the prohibited act, shall be imposed upon any person who: 
(1) Takes, destroys, collects, disturbs or possesses any wild 
terrestrial or aquatic plants or animals, flora or fauna, sand, rocks or by- 
products derived therefrom, within particularly identified regulated or 
prohibited areas zones in the Malabungot Protected Landscape and 
Seascape including private lands without the necessary permit, 
authorization or exemption: Provided, That the hunting of animals shall be 
absolutely prohibited except for scientific research; 
(2) 
Cuts, gathers, removes or collects timber or any forest 
products, within particularly identified regulated or prohibited areas or 
zones in the Malabungot Protected Landscape and Seascape including 
private lands without the necessary permit, authorization or exemption; 
(3) 
Possesses or transports, within or outside the Malabungot 
Protected Landscqpe and Seascape any timber, forest products, wild 
terrestrial or aquatic plants, animals, or by-product derived therefrom 
which is ascertained to have been taken from the Malabungot Protected 
Landscape and Seascape; 
(4) Undertakes mineral exploration or extraction within the 
Malabungot Protected Landscape and Seascape; 
(5) Engages in quarrying of sand, gravel, guano, limestone or any 
material; 
(6) Hunts, collects, removes or destroys any endangered or 
protected species, except when collection or removal is for scientific 
research and exempted from the prohibition by the PAMB; 
(7) Conducts bioprospecting within the Malabungot Protected 
Landscape and Seascape without the necessary permit; or 
(8) Establishes or introduces any exotic species within the 
Malabungot Protected Landscape and Seascape, which are detrimental to 
endemic species and the ecosystem therein. 
9 


(B) A.fine of not less than Five thousand pesos (P5,OOO.OO) nor more 
than Five hundred thousand pesos (P500,OOO.OO) andlor imprisonment from one 
(1) year but not more than six (6) years shall be imposed upon any person who: 
(1) Violates any rules and regulations in the management plan or 
by the PAMB or agreements reached before the PAMB in the exercise of 
adjudicative functions; 
(2) Erects any structure on land or on water for any purposes 
outside the management plan, duly allowed by the PAMB: Provided, That 
large-scale private infrastructure .and other projects such as medium to 
high density residential subdivisions, medium to large commercial and 
industrial establishments, golf-courses, heavily mechanized commercial 
and non-traditional, farming, and other activities that cause increased in- 
migration and resource degradation are absolutely prohibited; 
(3) Possesses a chainsaw, hacksaw and other mechanized 
equipment within the Malabungot Protected Landscape and Seascape 
without a permit; 
(4) Throws, dumps or causes to be dumped into the Malabungot 
Protected Landscape and Seascape any non-biodegradable material or 
waste whether liquid, solid or gas; 
(5) Uses, dumps, places or causes to be placed into the 
Malabungot Protected Landscape and Seascape toxic chemicals, 
including pesticides and other hazardous substances, unless the same is 
expressly allowed in the management plan; 
(6) Prospects, hunts or otherwise locates hidden treasures within 
the Malabungot Protected Landscape and Seascape; 
(7) Informally occupies or dwells in any land within Malabungot 
Protected Landscape and Seascape without clearance from the PAMB; 
(8) Possesses or uses blasting caps or explosives anywhere within 
the Malabungot Protected Landscape and Seascape; 
(9) Destroys, excavates, vandalizes or, in any manner, damages 
any natural formation on land, religious, spiritual, historical sites, artifacts 
and other objects of natural or scenic value; 
(IO) Alters, removes or destroys boundary marks or signs; 
(11) Engages in kaingin, or, in any manner, causing forest fires 
inside the Malabungot Protected Landscape and Seascape; or 
(12) Purchases, or sells, mortgages or leases lands or other 
portions of the Malabungot Protected Landscape and Seascape which are 
covered by any tenurial instrument. 
Valuation of the damage for this Act shall take into account biodiversity 
and conservation considerations as well as aesthetic and scenic value. 
Valuation assessed by the DENR or the concerned government agency shall be 
presumed correct unless otherwise proven by a preponderance of evidence. 
10 


Any person who shall induce another or conspire to commit any of the 
illegal acts prohibited in this Act or suffer their workers to commit any of the same 
shall be liable in the same manner as the one actually performing the act. 
All conveyances, vessels, equipments, paraphernalia, implements, gears, 
tools and similar devices shall be subject to immediate and administrative 
confiscation, independent of the judicial proceedings by the PASu Office upon 
apprehension, subject however to due process and substantial evidence 
requirements. When legal action is however filed in the regular courts, the said 
conveyances, vessels, equipments, paraphernalia, implements, gears, tools and 
similar devices, independent of the administrative proceedings, shall not be 
released until after judgment has been rendered. Proceeds of the sale of all 
objects administratively or judicially confiscated pursuant hereto shall accrue to 
the Malabungot Protected Landscape and Seascape Fund. Procedure for the 
sale thereof shall be promulgated by the PAMB. However, in no case shall any 
confiscated or rescued protected animal species be sold or in any manner 
disposed of but shall be immediately turned over to the PASu Office for release 
in its natural habitat, subject to existing regulations. 
The penalties specified in this Section will be in addition to the penalties 
contained in RA 9072 (National Caves and Cave Resources Management and 
Protection Act), RA 9147 (Wildlife Resources Conservation and Protection Act), 
and other related laws. 
Conviction for any offense under this Act, of a public officer or officer of 
the law shall carry the accessory penalty of perpetual disqualification from public 
office. 
SEC. 14. 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 Malabungot Protected Landscape and Seascape. 
SEC. 15. Appropriations. -The Secretary of the DENR shall immediately 
include in the DENR’s program the implementation of this Act, the funding of 
which shall be included in the annual General Appropriations Act. 
SEC. 16. 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. Provisions of 
Republic Act No. 7586, otherwise known as the National Integrated Protected 
Areas System Act of 1992 and existing forestry laws, and their corresponding 
rules and regulations not inconsistent hereto shall have the suppletory effect in 
the implementation of this Act. 
SEC. 17. 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 
Malabungot Protected Landscape and Seascape until the management plan 
shall have been put into effect. 
All existing land use and resource use permits within the Malabungot 
Protected Landscape and Seascape shall be reviewed and shall not be renewed 
upon their expiration unless consistent with the management plan, as provided 
herein, and upon approval by the PAMB. 
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SEC. 18. Repealing Clause. - All laws, decrees, proclamations, rules 
and regulations inconsistent with this Act are hereby repealed or modified 
accordingly. 
SEC. 19. Separability Clause. - If, for any reason, any part or section of 
this Act is declared unconstitutional or invalid, such other parts not affected 
thereby shall remain in full force and effect. 
SEC. 20. Effecfiv/fy Clause. - This Act shall take effect fifteen (15) days 
after its complete publicadon in the Official Gazefte or in a national newspaper of 
general circulation available in the Malabungot Protected Landscape and 
Seascape. 
Approved 
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