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FIFTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
} 
Third Regular Session 
} 
'1::> 
SEP -3)7 :'J6 
SENATE 
SENATE BILL NO. 3265 
(In substitution of SEN 2154) 
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 AGUSAN MARSH WILDLIFE SANCTUARY IN THE PROVINCE OF 
AGUSAN DEL SUR 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 "Agusan Marsh Wildlife 
2 
Sanctuary (AMWS) Act of 2012". 
3 
SEC. 2. Declaration of Policy. - Considering the diversity of the unique biological 
4 
resources of the Province of Agusan del Sur and its aesthetic, educational, sociocultural, 
5 
economic and ecological importance, it is hereby declared the policy of the State to 
6 
ensure its protection and conservation including the local communities therein and 
7 
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 Agusan Marsh Wildlife Sanctuary (AMWS) shall fall 
13 
under the classification of National Park as provided for in the Philippine Constitution. 


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1 
SEC. 3. Scope and Coverage. - The boundaries of the AMWS, which falls under the 
2 
category of Wildlife Sanctuary as defined herein, in the Province of Agusan del Sur, are 
3 
as follows: 
4 
Corner 
Longitude 
Latitude 
5 
1 
123° 49' 4.79" 
8° 23' 42.52" 
6 
2 
125° 48' 12.00" 
8° 25' 4.99" 
7 
3 
125° 47' 45.61" 
So 25' 27.43" 
8 
4 
125° 46' 53.11" 
So 25' 26.43" 
9 
5 
125° 46' 5.20" 
8° 25' 0.65" 
10 
6 
125° 44' 49.47" 
So 24' 26.12" 
11 
7 
125° 45' 43.53" 
So 2S' 35.42" 
12 
8 
125° 46' 23.31" 
So 28' 24.47" 
13 
9 
125° 46' 35.47" 
So 27' 47.25" 
14 
10 
125° 47' 14.00" 
SO 26' 14.00" 
15 
11 
125° 4S' 16.02" 
So 26' 4.35" 
16 
12 
125° 4S' 35.62" 
8° 25' 20.29" 
17 
13 
125° 52' 15.3" 
8° 27' 7.15" 
18 
14 
125° 52' 12.24" 
8
0 27' 30.98" 
19 
15 
125° 54' 3.83" 
8° 28' 38.32" 
20 
16 
125° 4S' 12.00" 
8° 29' 4.84" 
21 
17 
125° 54' 56.S9" 
So 29' 0.92" 
22 
18 
125° 55' 32.73" 
So 28' 18.88" 
23 
19 
125° 55' 42.S3" 
go 26' 46.73" 
24 
20 
125° 56' 25.83" 
8° 26' 49.89" 


-3-
1 
21 
125 0 56' 45.39" 
80 25' 42.12" 
2 
22 
125
0 55' 52.45" 
80 24' 59.17" 
3 
23 
125
0 55' 6.62" 
80 24' 26.48" 
4 
24 
1250 54' 44.48" 
80 23'45.67" 
5 
25 
125 0 54' 49.22" 
8
0 23' 37.35" 
6 
26 
125
0 56' 56.36" 
8
0 22' 58.64" 
7 
27 
125
0 57' 40.79" 
8
0 22' 4.75" 
8 
28 
125 0 57' 16.33" 
80 21' 28.91" 
9 
29 
1250 56' 36.83" 
80 21' 19.18" 
10 
30 
125
0 56' 58.78" 
80 20' 35.91" 
11 
31 
125
0 58' 33.34" 
8
0 16' 13.41" 
12 
32 
125 0 56' 13.01" 
80 14' 44.96" 
13 
33 
125 0 55' 27.53" 
So 13' 52.44" 
14 
34 
125 0 55' 22.9" 
80 12' 55.75" 
15 
35 
125 0 55' 25.9S" 
So 12' 1S.40" 
16 
36 
125 0 54' 59.50" 
80 12' 11.61" 
17 
37 
125
0 55' 5.08" 
So 12' 1.15" 
1S 
3S 
125
0 55' 6.25" 
SO 11' 35.1S" 
19 
39 
125 0 56' 42.60" 
So 9' 45.79" 
20 
40 
125 0 55' 17.88" 
So 9' 41.73" 
21 
41 
125
0 55' 20.34" 
So 8' 55.13" 
22 
42 
125
0 56' 51.60" 
80 S' 50.51" 
23 
43 
125
0 57' S.7" 
So S' 43.1S" 
24 
44-
1250 56' 7.4" 
So S' 12.90" 


-4-
1 
45 
125° 55' 40.71" 
8° 8' 9.85" 
2 
46 
125° 54' 53.29" 
8° 8' 36.84" 
3 
47 
125° 55' 2.79" 
8° 8' 49.79" 
4 
48 
125° 54' 59.01" 
8° 9' 9.17" 
5 
49 
125° 54' 46.68" 
8° 9'11.63" 
6 
50 
125° 54' 45.83" 
8° 8' 59.76" 
7 
51 
125° 54' 34..49" 
8° 8' 33.42" 
8 
52 
125° 54' 26.59" 
8° 8' 10.15" 
9 
53 
125° 54' 14.53" 
8° T 52.51" 
10 
54 
125° 54' 26.17" 
8° T 46.37" 
11 
55 
125° 54' 22.61" 
8° T 32.20" 
12 
56 
125° 54' 18.04" 
8° T 26.21" 
13 
57 
125° 52' 50.11" 
8° T 20.68" 
14 
58 
125° 53' 10.52" 
go T 31.73" 
15 
59 
125° 53' 20.71" 
8° T 46.84" 
16 
60 
125° 53' 11.8" 
8° 8' 9.03" 
17 
61 
125° 53' 18.25" 
8° 8' 48.88" 
18 
62 
125° 53' 22.14" 
8° 9' 29.74" 
19 
63 
125° 53' 34.51" 
8° 9' 30.33" 
20 
64 
125° 53' 34·.10" 
8° 9' 49.88" 
21 
65 
125° 53' 39.04" 
8° 10' 14.43" 
22 
66 
125° 53' 41.65" 
8° 10' 28.27" 
23 
67 
125° 53' 34.33" 
8° 10' 54.15" 
24 . 
68 
125° 52' 52.16" 
8° 10' 27.71" 


-5-
1 
69 
125° 52' 32.21" 
So 10' 31.70" 
2 
70 
125° 52' 22.57" 
So 10' 3S.02" 
3 
71 
125° 52' 9.7S" 
So 11' 12.2" 
4 
72 
125052' 22.S4" 
So 11' 12.06" 
5 
73 
125052' 16.37" 
So 11' 16.37" 
6 
74 
1250 52' 4.64" 
So 11' 36.52" 
7 
75 
125
0 52' 3.40" 
8012' 3.88" 
8 
76 
125052' 6.67" 
80 12' 14.26" 
9 
77 
1250 51' 47.48" 
80 12' 46.53" 
10 
78 
125051' 17.S7" 
8012' 56.01" 
11 
79 
1250 51' 20.56" 
8015' 0.30" 
12 
80 
125051' 4.98" 
80 15' 3.84" 
13 
81 
125° 50' 32.40" 
80 15' 45.76" 
14 
82 
125050' 18.71" 
80 16' 11.7S" 
15 
83 
125050' 19.09" 
8° 16' 37.70" 
16 
84 
1250 51' 14.9S" 
80 16' 59.06" 
17 
85 
125052' 17.17" 
8° 17' 29.35" 
18 
86 
125052' 56.66" 
80 17' 38.54" 
19 
87 
125° 53' 53.33" 
So lS' 5.11" 
20 
88 
125° 53' 52.01" 
8° lS' 46.5S" 
21 
S9 
125053' 20.S0" 
80 19' 14.36" 
22 
90 
125° 52' 3S.47" 
So 19' 13.76" 
23 
91 
125° 51' 29.53" 
So lS' 17.95" 
24 
92 
125050' 55.06" 
8017' 52.19" 


1 
2 
3 
4 
93 
94 
95 
96 
-6-
125° 49' 54.07" 
8° 17' 58.93" 
125° 49' 40.42" 
8° lS' 7.45" 
125° 43' 37.33" 
So 19' 13.6S" 
125° 4S' 30.19" 
8° 20' 26.S7" 
5 
the point of beginning containing an area of forty-one thousand one hundred seventy-
6 
one and 20/100 (41,171.20) hectares. 
7 
The Department of Environment and Natural Resources (DENR) shall 
S 
appropriately mark on the ground the technical descriptions provided in this Act with 
9 
clearly visible markers and shall prepare appropriate maps therefor. Any modification 
10 
of the coverage of this Act due to such factors as changing ecological situations, new 
11 
scientific or archeological findings, or discovery of traditional boundaries not previously 
12 
taken into account shall be made through an act of Congress, after consultation with the 
13 
affected public and concerned government agencies. 
14 
SEC. 4. Definition of Terms. - For purposes of this Act, the following terms are 
15 
defined as follows: 
16 
(a) 
"AMWS Fund" refers to the special trust fund to be established for the 
17 
purpose of financing projects in the AMWS. 
18 
(b) 
"Biodiversity" refers to the variety and variability among living organisms 
19 
and the ecological complexes in which said organisms occur. 
20 
(c) 
"Biological resources" includes genetiC resources, organisms or parts 
21 
thereof, population, or any other biotic component of ecosystems with actual or 
22 
potential use or value for humanity. 


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1 
(d) 
"Bioprospecting" refers to the research, collection and utilization of 
2 
biological and genetic resources for purposes of applying the knowledge derived 
3 
therefrom solely for commercial purposes. 
4 
(e) 
"Collection" or "Collecting" refers to the act of gathering or harvesting 
5 
wildlife, its by-products or derivatives. 
6 
(I) 
"Conservation" refers to the sustainable utilization of wildlife, and/or 
7 
maintenance, restoration and enhancement ofthe habitat. 
8 
(g) 
"Consultation" refers to the meeting or dialogue with concerned or affected 
9 
individual and groups within and outside the AMWS designated to identify and resolve 
10 
issues and problems affecting them in relation to the protection, conservation and 
11 
sustainable development of the AMWS. 
12 
(h) 
"Ecosystem" refers to the dynamiC complex of plant, animal and 
13 
micro-organism communities and their non-living environment interacting as a 
14 
functional unit. 
15 
(i) 
"Endangered Species" refer to the species or subspecies that is not critically 
16 
endangered but whose survival in the wild is unlikely if the causal factors continue 
17 
operating. 
18 
en 
"Endemic Species" refer to the species or subspecies of flora and fauna 
19 
which are naturally occurring and found only within specific areas in the country. 
20 
(k) 
"Exotic Species" refer to the species or subspecies of flora and fauna which 
21 
do not naturally occur within the protected area at present or in historical time. 
22 
(1) 
"Exploitation" refers to any mode of use, extraction, development, 
23 
utilization or disposition of resources, for whatever purpose, whether commercial or 
24 
otherwise. 


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1 
(m) "Exploration" refers to the searching or prospecting for mineral resources, 
2 
as defined by law, by geological, geo-chemical or geophysical surveys, remote sensing, 
3 
rest pitting, trenGhing, drilling, shaft sinking, tunneling or any other means for the 
4 
purpose of determining the existence, extent, quantity and quality thereof and the 
5 
feasibility of mining them for profit. 
6 
(n) 
"Habitat" refers to the place or type of environment where a species or 
7 
subspecies naturally occurs or has naturally established its population. 
8 
(0) 
"Hunting" refers to the collection of wild fauna for food and/or recreational 
9 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
10 
(p) 
"Management Plan" refers to the fundamental plan, strategy and/or scheme 
11 
which shall guide all activities relating to the SS in order to attain the objectives of this 
12 
Act. 
13 
(q) 
"Mineral" refers to all naturally occurring inorganic substance in solid, gas, 
14 
liquid, or any intermediate state including energy materials such as coal, petroleum, 
15 
natural gas, radioactive materials, and geothermal energy. 
16 
(r) 
"Multiple-Use Zone" refers to the area where settlement, traditional and/or 
17 
sustainable land use, including agriculture, agro-forestry, extraction activities and other 
18 
income generating or livelihood activities, may be allowed to the extent prescribed in 
19 
the management plan. 
20 
(s) 
"National Integrated Protected Areas System (NIPAS)" refers to the 
21 
classification and administration of all designated protected areas to maintain essential 
22 
ecological processes and life-support systems, to preserve genetic diversity, to ensure 
23 
sustainable use of resources found therein, and to maintain their natural conditions to 
24 
the greatest extent possible. 


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1 
(t) 
uN/PAS Act" refers to the National Integrated Protected Areas System 
2 
(NIPAS) Act of 1992 or Republic Act No. 7586, and its implementing rules and 
3 
regulations. 
4 
(u) 
"National Park" refers to the land of the public domain classified as such in 
5 
the 1987 Constitution which include all areas under the National Integrated Protected 
6 
Areas System (NIPAS) pursuant to Republic Act No. 7586 primarily designated for the 
7 
conservation of native plants and animals, their associated habitats and cultural 
8 
diversity. 
9 
(v) 
"Nongovernment Organization (NGO)" refers to the agency, institution, 
10 
foundation 
or a group 
of persons whose purpose is 
to assist people's 
11 
organizations/associations in various ways including, but not limited to, organizing, 
12 
education, training, research and/or resource accessing. 
13 
(w) "People's Organization (PO)" refers to the group of organized migrant 
14 
communities and/or interested indigenous peoples which may be an association, 
15 
cooperative, federation, or other legal entity, established to undertake collective action 
16 
to address community concerns and needs, and mutually share the benefits of the 
17 
endeavor. 
18 
(x) 
"Protected Area" refers to the identified portions of land and/or water set 
19 
aside by reasons of their unique physical and biological significance, managed to 
20 
enhance biological diversity and protected against destructive human exploitation. 
21 
(y) 
"Protected Area Management Board (PAMB)" refers to the multi-sectoral 
22 
policy-making body created in accordance with the NIPAS Act of 1992. 
23 
(z) 
"Protected Area Superintendent (PASu)" refers to the chief operating DENR 
24 
officer of the protected area. 


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1 
(aa) "Quarrying" refers to the process of extracting, removing and disposing 
2 
quarry resources found on or underneath the surface of private or public land. 
3 
(bb) "Strict protection zone" refers to the natural area with high biodiversity 
4 
value which shall be closed to all human activity except for scientific studies and/or 
5 
ceremonial or religiOUS use by the indigenous cultural communities/indigenous 
6 
peoples; may include habitats of threatened species, or degraded areas that have been 
7 
designated for restoration and subsequent protection, even if these areas are still in 
8 
various stages of regeneration. 
9 
(cc) "Tenured migrant" refers to forest occupants who have actually and 
10 
continuously occupied a portion of the protected area for at least five (5) years, and are 
11 
solely dependent therein for subsistence, as of the passage of this Act. An AMWS 
12 
occupant is understood to be "solely dependent for subsistence" when everything 
-
13 
indispensable for survival for the household, including food, clothing, shelter and health, 
14 
comes only from the utilization of resources from the protected area. 
15 
(dd) "Wildlife" refers to the wild forms and varieties of flora and fauna, in all 
16 
developmental stages, including those which are in captivity or are being bred or 
17 
propagated. 
18 
(ee) "Wildlife Sanctuary" refers to an area which assures the natural conditions 
19 
necessary to protect nationally significant species, groups of species, biotic communities 
20 
or physical features of the environment where these may require specific human 
21 
manipulation for their perpetuation. 
22 
SEC. 5. Management Plan. -
There shall be a Management Plan promulgated for 
23 
the AMWS that shall serve as the basic long-term framework plan in the management of 


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1 
the protected area and guide in the preparation of its annual operations plan and 
2 
budget. 
3 
Within one (1) year from the effectivity of this Act, the Management Plan shall 
4 
have been put into effect following the general management planning strategy provided 
5 
for under the NIPAS Act and according to the procedure herein set forth. It shall contain, 
6 
among others, the following: 
7 
(a) 
The category of the protected area; 
8 
(b) 
Period of applicability of the plan; 
9 
(c) 
Key management issues; 
10 
Cd) 
Goals and objectives of management in support of Section 2 hereof; 
11 
(e) 
Site management strategy; 
12 
(f) 
Major management activities such as, but not limited to, enforcement of 
13 
laws, habitat and wildlife management, sustainable-use management, infrastructure 
14 
development and maintenance, and fire and pest control; 
15 
16 
(g) 
Zoning; and 
(h) Visitor management programs. 
17 
The preparation of the Management Plan shall be facilitated by the Office of the 
18 
Protected Area Superintendent (PASu) in collaboration with the appropriate offices of 
19 
the department, local communities, indigenous cultural communities/indigenous 
20 
peoples (ICCs/IPs), NGOs, experts and other stakeholders within the AMWS. 
The 
21 
Management Plan shall be approved by the majority of the PAMB and endorsed to the 
22 
Secretary through Protected Areas and Wildlife Bureau (PAWB). The Management Plan 
23 
is deemed accepted unless formal written disapproval from the Secretary is received 


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1 
by the PAMB on the ground of inconsistency with existing laws and related rules and 
2 
regulations. 
3 
SEC. 6. Mal]agement of the AMWS. - There is hereby created a PAMB which shall 
4 
have jurisdiction, power and authority over the AMWS for all matters that may affect 
5 
biodiversity conservation, protection and sustainable development. The composition of 
6 
which shall be in accordance with the pertinent provision of the NIPAS Act of 1992: 
7 
Provided, That at least twenty percent (20%) of the PAMB members shall be comprised 
8 
of women pursuant to Republic Act No. 9710 or the Magna Carta of Women and its 
9 
implementing rules and regulations. 
10 
The representatives from the local government units (LGUs) and national 
11 
agencies in the PAMB shall include among their duties, the duty to inform their 
12 
respective constituents, office or sector, of PAMB-approved or other relevant policies, 
13 
rules, regulations, programs and projects and to ensure that the provisions of this Act, 
14 
the NIPAS Act and its implementing rules and regulations are observed, complied with, 
15 
and used as reference and framework in their respective plans, policies, programs and 
16 
projects. Failure to comply with the foregoing shall subject such representative to 
17 
disciplinary action as the PAMB may provide. 
18 
The members of the PAMB shall not receive any salary but shall be entitled to 
19 
reimbursements for actual and necessary expenses incurred, either in their attendance 
20 
in meetings of the PAMB or in connection with other official business authorized by a 
21 
resolution of the PAMB, subject to existing rules and regulations. 
22 
SEC. 7. Poy;ers and Functions of the PAMB. - The PAMB of the AMWS, which shall 
23 
decide by consensus or majority vote of the members present constituting a quorum of 
24 
majority of all the members, shall have the following powers and functions in addition 


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1 
to those provided under the NIPAS Act of 1992 and its implementing rules and 
2 
regulations: 
3 
(a) 
Issue implementing rules and regulations consistent with the provisions of 
4 
this Act if the same is warranted for its effective implementation. 
S 
(b) 
Adopt rules of procedures in the conduct of its business with the power to 
6 
create committees for purposes of technical, manpower and other related assistance; 
7 
(c) 
Approve the management plan and oversee the office of the PASu; 
8 
(d) 
Establish reasonable criteria consistent with the provisions of this Act and 
9 
accordingly set and impose processing and research fees and other charges for the 
10 
issuance of permits, certifications and other papers for activities regulated by this Act or 
11 
the management plan, whose proceeds shall form part of the AMWS; 
12 
(e) 
Recommend to the DENR for approval the deputization of persons or group 
13 
of persons pursuant to the NIPAS Act and its implementing rules and regulations for the 
14 
effective enforcement of the provisions of this Act and other laws, rules and regulations 
15 
governing the conduct or management of the AMWS; 
16 
(f) 
Manage the AMWS Fund, and other funds for the AMWS, ensure their 
17 
proper administration and render accounting,' all subject to existing government 
18 
auditing rules and regulations; and 
19 
(g) 
Recommend appropriate policy changes to the DENR and other 
20 
government authorities. 
21 
The DENR, through the RED, shall ensure that the PAMB acts within the scope of 
22 
its powers and functions. In case of conflict between administrative orders of national 
23 
application issued by the DENR pursuant to the NIPAS Act and the resolutions issued by 


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1 
the PAMB, the PAMB shall notify the DENR Secretary who shall decide whether to apply 
2 
the rule or withdraw its application in the AMWS. 
3 
SEC. 8. The Protected Area Superintendent (PASu) Office. - There is hereby 
4 
established a PASu Office within the protected area to be in charge of the management, 
5 
protection and administration of the AMWS. The PASu shall be supported by the 
6 
existing personnel of the DENR. The head of office shall be the chief operating officer of 
7 
the AMWS and shall be directly accountable to the PAME. 
S 
The PASu shall have full responsibility for the protection of land, water, wildlife 
9 
and other natural physical and biological resources within the AMWS. As such, the PASu 
10 
shall have the following duties and responsibilities in addition to those provided under 
11 
the N IPAS Act and its implementing rules and regulations: 
12 
(a) 
Establish, operate and maintain a database management system as decision 
13 
support tool; 
14 
(b) 
Prepare the management plans as herein defined; 
15 
(c) 
Provide a secretariat for the PAMB and supply the PAMB with all the 
16 
necessary information to make appropriate decisions for the implementation of this 
17 
Act; 
18 
(d) 
Enforce the laws, rules and regulations relevant to the AMWS, institute and 
19 
file legal action independently or in collaboration with other government agencies or 
20 
organizations and assist in the prosecution of offenses committed in violation of this 
21 
Act; 
22 
(e) 
Monitor all activities within the AMWS to ensure its conformity with the 
23 
management plan; 


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1 
(f) 
Recommend the issuance of permits based on terms, conditions and criteria 
2 
established by PAMB; 
3 
(g) 
Ensure the integration of the AMWS management policies, regulations, 
4 
programs and projects at all the concerned national and local government units level; 
5 
and 
6 
(h) 
Perform such other functions as the PAMB may delegate. 
7 
The PASu shall be supported by a sufficient number of personnel who shall be 
8 
performing day to day management, protection and administration of the AMWS. Upon 
9 
the recommendation of the PAMB, the DENR Regional Executive Director shall deputize 
10 
local community leaders and environment and natural resources officers. 
11 
SEC. 9. Integrated Protected Area Fund of the AMWS. - The Integrated Protected 
12 
Area Fund (IPAF) shall be established as a special trust fund and shall be disbursed 
13 
solely for the protection, maintenance, administration and management of AMWS and 
14 
the System. At least seventy-five percent (75%) of the funds collected shall form part of 
15 
AMWS Sub-fund which shall be solely disbursed for its use. The AMWS Sub-fund shall 
16 
likewise be exempted from being deposited in the National treasury and shall be made 
17 
readily available for disbursement upon proper approval of the PAMB and the DENR, 
18 
subject to the usual accounting and aUditing rules and regulations. 
19 
The AMWS Fund may be augmented by grants, donations, endowment from 
20 
various sources, domestic or foreign, for purposes related to their functions: Provided, 
21 
That disbursements therefrom shall be made solely for the protection, maintenance, 
22 
administration and management of the system, and duly approved projects endorsed by 
23 
the PAMB in accordance with existing accounting and budgeting rules and regulations: 


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1 
Provided, further, That the Fund shall not be used to cover personal services 
2 
expenditures. 
3 
The LGUs shall continue to impose and collect all other fees not enumerated 
4 
herein which they have traditionally collected, such as business permits and rentals of 
5 
LGUs facilities: Provided, That the LGUs shall not impose property tax and issue new tax 
6 
declaration for areas covered by the AMWS. Furthermore, LGUs may charge add-ons to 
7 
fees imposed by the PAMB: Provided, That such add-ons shall be based on the 
8 
contribution of the LGUs in the maintenance and protection of the AMWS. 
9 
SEC. 10. Tenured Migrants and Other AMWS Stakeholders. - Tenured migrants 
10 
shall be eligible to become stewards of portions of lands within allowable zones. The 
11 
PAMB shall identify, verify and review all tenurial instruments, land claims, and 
12 
issuances of permits for resource use within the AMWS and recommend the issuance of 
13 
the appropriate tenure instrument consistent with the zoning provided in the 
14 
Management Plan. 
15 
Should areas occupied by tenured migrants be designated as zones in which no 
16 
occupation or other activities are allowed pursuant to the attainment of sustainable 
17 
development, provision for the transfer of said tenured migrants to multiple use zones 
18 
or buffer zones shall be accomplished through just and humane means. 
19 
In the event of termination of a tenurial instrument for cause or by voluntary 
20 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area in order 
21 
to return it to its natural state prior to the cultivation or other act by the tenured 
22 
migrant. 


• 
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1 
Within three (3) months from the passage of this Act, the PASu shall submit to the 
2 
PAMB the complete list of tenured migrants which list shall be final upon approval of 
3 
the PAMB. 
4 
SEC. 11. Existing Facilities Within the AMWS. - Within sixty (60) days from the 
S 
effectivity of this Act, existing facilities such as roads, buildings, water systems, 
6 
transmission lines, communication facilities, heavy equipment, and irrigation facilities 
7 
existing within the boundaries of the AMWS shall submit project descriptions to the 
8 
PAMB through the PASu. 
9 
The PAMB, with the assistance of the DENR, shall determine whether the 
10 
existence of such facility and its future plans and operations will be detrimental to the 
11 
AMWS or whether conditions for its operation shall be imposed. If any such conditions 
12 
are violated, the owner of the facility shall be liable to pay a fine of Five thousand pesos 
13 
(PS,OOO.OO) for every violation. Upon reaching a total fine of Five hundred thousand 
14 
pesos (PSOO,OOO.OO), the PAMB through the PASu and deputizing other government 
15 
entities, shall cause the cessation and demolition of the facility at the cost of its owner. 
16 
Existing facilities allowed to remain within the AMWS may be charged a 
17 
reasonable royalty by the PAME. All income from such royalty shall accrue to the AMWS 
18 
Fund. 
19 
SEC. 12. Renewable and Nonrenewable Resources. -
Any exploration and 
20 
exploitation or utilization of nonrenewable resources including mining within the 
21 
AMWS shall not be allowed. Renewable energy projects within the AMWS shall be 
22 
permitted only through an act of Congress except energy from wind, sun and water 
23 
sources and not more than three (3) megawatt capacity for mini-hydro power: 
24 
Provided, That these renewable energy projects are outside the strict protection zone, 


• 
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1 
adopt reduced impact technologies, and undergo the Environmental Impact Assessment 
2 
(EIA) System as provided by law: Provided, further, That the PAMB has endorsed the 
3 
project. 
4 
SEC. 13. Local Government Units. - The local government units (LGUs) within the 
'5 
AMWS shall participate in its management through representation in the PAMB as 
6 
provided under Section 6 hereof. Said LGUs may appropriate portions of their share 
7 
from the annual internal revenue allotment and other income for use of the AMWS: 
8 
Provided, That all funds directly coming from the LGUs shall be exempted from the 
9 
twenty-five percent (25%) remittance requirement for the central Integrated Protected 
10 
Areas Fund (lPAF). 
11 
SEC. 14. Prohibited Acts and Penalties. - The following shall be the prohibitions 
12 
and penalties applicable to the AMWS, in addition to the prohibited acts as provided in 
13 
the NIPAS Act and-its implementing rules and regulations: 
14 
(a) 
The penalties and qualifications prescribed in Articles 309 (Penalties) and 
15 
310 (Qualified Theft) of the Revised Penal Code, depending on the value of the 
16 
resources involved in connection with the prohibited act or a fine of at least triple the 
17 
value of the said resources, or both, shall be imposed upon any person who: 
18 
(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or 
19 
aquatic plants or animals, flora or fauna, sand, rocks, or by-products derived therefrom, 
20 
within particularly identified regulated or prohibited areas or zones in the AMWS 
21 
including private lands without the necessary permit, authorization or exemption: 
22 
Provided, That hunting of animals shall be absolutely prohibited except for scientific 
23 
research; 


• 
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1 
(2) 
Cuts, gathers, removes or collect timber or any forest products, within 
2 
particularly identified regulated or prohibited areas or zones in the AMWS including 
3 
private lands without the necessary permit, authorization or exemption; 
4 
(3) Possesses or transports, within or outside the AMWS any timber, forest 
5 
products, wild terrestrial or aquatic plants, animals, or by-products derived therefrom 
6 
which is ascertained to have been taken from the AMWS; 
7 
(4) 
Undertakes mineral exploration or extraction within the AMWS; 
8 
(5) Engages in quarrying of sand, gravel, guano, limestone or any material 
9 
within the AMWS; 
10 
(6) 
Hunts, collects, removes or destroys any endangered or protected species, 
11 
except when collection or removal is for scientific research and exempted from the 
12 
prohibition by the PAMB; 
13 
(7) 
Conducts bioprospecting within the AMWS without prior PAMB approval in 
140 
accordance with existing guidelines; 
15 
(8) 
Engages in kaingin or, in any manner, causing forest fires inside the AMWS; 
16 
or 
17 
(9) 
Establishes or introduces any exotic species, within the AMWS, which are 
18 
detrimental to endemic species and the ecosystem therein. 
19 
(b) A fine of not less than Five thousand pesos (P5,000.OO) but not more than 
20 
Five hundred thousand pesos (P500,OOO.00) or imprisonment from one (1) year but not 
21 
more than six (6) years, or both, shall be imposed upon any person who: 
22 
(1) Violates any rules and regulations in the management plan or by the PAMB 
23 
or agreements reached before the PAMB in the exercise of adjudicative functions; 


-20 -
1 
(2) Erects any structure on land or on water for any purposes outside the 
2 
management plan, duly allowed by the PAMB: Provided, That large-scale private 
3 
infrastructure and other projects such as medium to high density residential 
4 
subdivisions, medium to large commercial and industrial establishments, golf courses, 
5 
heavily mechanized commercial and nontraditional farming, and other activities that 
6 
cause increased in-migration and resource degradation are absolutely prohibited; 
7 
(3) 
Possesses a chainsaw, hacksaw and other mechanized equipment within 
8 
the AMWS without a permit; 
9 
(4) Throws, dumps or causes to be dumped into the AMWS any 
10 
non-biodegradable material or waste whether liquid, solid or gas; 
11 
(5) Uses, dumps, places or causes to be placed into the AMWS toxic chemicals 
12 
and non-biodegradable products, including pesticides and other hazardous substances, 
13 
soaps and shampoos, and washing detergents, unless the same is expressly allowed in 
14 
the management plan; 
15 
16 
(6) 
Prospects, hunts or otherwise locates hidden treasures within the AMWS; 
(7) 
Informally occupies or dwells in any land within the AMWS without 
17 
clearance from the PAMB; 
18 
(8) 
Possesses or uses blasting caps or explosives anywhere within the AMWS; 
19 
(9) 
Destroys, excavates, vandalizes or, in any manner, damages any natural 
20 
formation on land, religious, spiritual, historical sites, artifacts and other objects of 
21 
natural or scenic value; 
22 
(10) Alters, removes or destroys boundary marks or signs; 
23 
(11) Purchases or sells, mortgages or leases lands or other portions ofthe AMWS 
24 
which are covered by any tenurial instrument. 


.' 
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1 
Valuation of the damage for this Act shall take into account biodiversity and 
2 
conservation considerations as well as aesthetic and scenic value. Valuation assessed by 
3 
the DENR or the concerned government agency shall be presumed correct unless 
4 
otherwise proven by preponderant evidence. 
5 
Any person who shall induce another or conspire to commit any of the illegal 
6 
acts prohibited in this Act or suffer their workers to commit any of the same shall be 
7 
liable in the same manner as the one actually performing the act. 
S 
All conveyances, vessels, equipments, paraphernalia, implements, gears, tools 
9 
and similar devices shall be subject to immediate and administrative confiscation, 
10 
independent of the judicial proceedings by the PASu Office upon apprehension, subject 
11 
however to due process and substantial evidence requirements. When legal action is 
12 
however, filed in the regular courts, the said conveyances, vessels, equipments, 
13 
paraphernalia, implements, gears, tools and similar devices, independent of the 
14 
administrative proceedings, shall not be released until after judgment has been 
15 
rendered. Proceeds of the sale of all objects administratively or judicially confiscated 
16 
pursuant hereto shall accrue to the AMWS Fund. Procedure for the sale thereof shall be 
17 
promulgated by the l' AMB. However, in no case shall any confiscated or rescued 
18 
protected animal'species be sold or in any manner disposed of but shall be immediately 
19 
turned over to the PASu Office for release in its natural habitat, subject to existing 
20 
regulations. 
21 
The penalties specified in this section will be in addition to the penalties 
22 
contained in Republic Act No. 9072 (National Caves and Cave Resources Management 
23 
and Protection Act), Republic Act No. 9147 (Wildlife Resources Conservation and 
24 
Protection Act), and other related laws. 


, 
• . 
' • 
-22 -
1 
Conviction for any offense under this Act of a public officer or officer of the law 
2 
shall carry the accessory penalty of perpetual disqualification from public office, 
3 
SEC. 15. Reporting Responsibility. - The PASu, through the PAMB, shall submit an 
4 
annual accomplishment report to the Secretary of the DENR on the activities 
5 
undertaken in the AMWS. 
6 
SEC. 16. Appropriations, - The Secretary of the DENR shall immediately include 
7 
in the DENR's program the implementation of this Act, the funding of which shall be 
8 
included in the annual General Appropriations Act. 
9 
SEC. 17. Construction and Suppletory Application of Existing Laws. -
The 
10 
provisions of this Act shall be construed liberally in favor of the protection and 
11 
rehabilitation of the AMWS and the conservation and restoration of its biological 
12 
diversity, taking into account the needs and interests of qualified tenured migrants, for 
13 
present and future Filipino generations. 
14 
The NIPAS Act shall have suppletory effect in the implementation of this Act. 
15 
SEC. 18. Transitory Provision. -In order to ensure the recovery and restoration of 
16 
biological diversity and to develop sustainable livelihood opportunities for tenured 
17 
migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, 
18 
clearances, compliance documents or any other instrument that allows exploitation and 
19 
utiliZation of resources within the AMWS until the Management Plan shall have been 
20 
put into effect. 
21 
All existing land-use and resource use permits within the AMWS shall be 
22 
reviewed and shall not be renewed upon their expiration unless consistent with the 
23 
Management Plan and approved by the PAMB. 


, 
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1 
SEC. 19. Repealing Clause. - For the purpose of this Act, the provisions of the 
2 
NIPAS Act are hereby modified in accordance with the provisions herein. All other laws, 
3 
rules and regulations inconsistent with this Act are hereby repealed or modified 
4 
accordingly. The prohibitions and penalties under the NIPAS Act are hereby superseded 
5 
for the entire area covered by this Act. 
6 
SEC. 20. Sepa'rability Clause. - If any part or section of this Act is declared by the 
7 
courts as unconstitutional, such declaration shall not affect the other parts or sections 
8 
hereof. 
9 
SEC. 21. Effectivity Clause. - This Act shall take effect immediately after its 
10 
complete publication in the Official Gazette or in a national newspaper of general 
11 
circulation available in the AMWS. 
Approved,