,. 
FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. ~ 3 91 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Article II, Section 16 of the Philippine Constitution states that "the State 
shall protect and advance the right of the people to a balanced and healthful 
ecology in accord with the rhythm and harmony of nature." 
This bill seeks to provide for the management, protection, sustainable 
development and rehabilitation of the Siargao Islands Protected Landscape 
and Seascape (SIPLAS). This shall be established within the framework of the 
National Integrated Protected Area System, (NIPAS) Act, or Republic Act No. 
7586, while considering the welfare and recognizing the rights of all the 
communities living therein especially the indigenous people. 
SIPLAS shall be composed of the islands of Siargao and Bucas Grande, 
with the surrounding islets, located in the Province of Surigao del Norte 
northeastern Mindanao, CARAGA Region. It is bounded on the north by Surigao 
Strait, on the south by the mainland part of the Province of Surigao del Norte, on 
the east by Philippine Sea, and on the west by Hinatuan Passage. 
The SIPLAS boasts of having the largest contiguous mangrove stand in 
the Philippines with an area of approximately 4,000 hectares. The overall 
mangrove cover is approximately 8,600 hectares. The vastness of the mangrove 
cover provides for a good habitat for the crocodile of the species Crocodylus 
Porosus, which still exists in adequate number compared to other places in the 
country. 
The most striking physiographic feature of SIPLAS is the limestone 
areas which display a typical karst terrain of haystack hills similar to the 
Chocolate Hills of Bohol and EI Nido in Palawan, 
SIPLAS also serves as sanctuary to several rate and endangered wildlife. 
There are eighty-five (85) bird species at sixty-five percent (65%) endemicity, 
nine (9) amphibians, and twenty-one (21) manuals. One specie of birds, the 
Philippine Cockatoo, is listed as critical while five (5) fauna species, which are 
the green sea turtle (Chelonia Mydas), hawskill turtle (Eretmochelys Imbricata), 
Dinagat Gymnure, golden crown flying fox and olive ridley turtle are listed 
endangered. Dugong (Dugong Dugong), a globally endangered species, is also 
present within the area. 
SIPLAS forest is home to the important and rare 
Philippine ironwood or "mancono" (Xanthosthemum Vergugonianum) whch is the 
hardest known specie of wood. 


Almost half of the plants found in SIPLAS are found only in the 
Philippines. Due to its biodiversity and ecological significance, SIPLAS was 
declared a protected area on 10 October 1996 through Presidential Proclamation 
No. 902. 
In view of the foregoing, passage of this bill is eamestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
I' 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 
!ilili 
I;~ 
/,:1' ::'0 
SENATE. 
Senate Bill No. ~ 391 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DECLARING THE ISLANDS OF SIARGAO AND BUCAS GRANDE AS A 
PROTECTED 
AREA 
UNDER 
THE 
CATEGORY 
OF 
PROTECTED 
LANDSCAPES AND SEASCAPES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER I 
PRELIMINARY PROVISIONS 
SECTION 1. Title - This Act shall be known and cited as the "5;argao 
Islands Protected Landscapes and Seascapes Act of 2010." 
SEC. 2. Declaration of p,olicy - It is the policy of the State to ensure the 
protection and conservation of Siargao and Bucas Grande Islands, their 
endangered species, mangrove reserve, biodiversity and the communities 
residing therein, including the people's culture and way of life insofar as these 
areas are in harmony with nature. 
Pursuant to this policy, the State shall: 
(a) 
Preserve the ecosystems in their natural state in the lowlands, 
forest, mangrove, lakes, coral reefs or seagrass beds; 
(b) 
Preserve and maintain genetic resources and ecological diversity 
including, but not limited to, salt water crocodile, green sea turtle, 
tarsier, dolphin, dugong-dugong (sea cow), sea eagle, and hornbill; 
(c) 
Provide 
education, 
research 
and 
environmental 
monitoring, 
recreation and tourism, and alternative economic opportunities to 
optimize the use of resources on a sustainable basis; and 
(d) 
Foster partnership between 
and 
among 
government, 
non-
government organizations (NGOs), local community organizations, 
and concerned private organization 
SEC. 3. Scope. -
The Siargao Islands Protected Landscapes and 
Seascapes shall cover the muni'cipalities of Burgos, Dapa, Del Carmen, General 
Luna, Pilar, San Benito, San Isidro, Sta. Monica and Socorro located in the 


FIFTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. __ _ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
DECLARING THE ISLANDS OF SIARGAO AND BUCAS GRANDE AS A 
PROTECTED 
AREA 
UNDER 
THE 
CATEGORY 
OF 
PROTECTED 
LANDSCAPES AND SEASCAPES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER I 
PRELIMINARY PROVISIONS 
SECTION 1. Title - This Act shall be known and cited as the "Siargao 
Islands Protected Landscapes and Seascapes Act of 2010. " 
SEC. 2. Declaration of Policy - It is the policy of the State to ensure the 
protection and conservation of Siargao Islands and Bucas Grande, their 
endangered species, mangrove reserve, biodiversity and the communities 
residing therein, including the people's culture and way of life insofar as these 
areas are in harmony with nature. 
Pursuant to this policy, the State shall: 
(a) 
Preserve the ecosystems in their natural state in the lowlands, 
forest, mangrove, lakes, coral reefs or seagrass beds; 
(b) 
Preserve and maintain genetic resources and ecological diversity 
including, but not limited to, salt water crocodile, green sea turtle, 
tarsier, dolphin, dugong-dugong (sea cow), sea eagle, and hornbill; 
(c) 
Provide 
education, 
research 
and 
environmental 
monitoring, 
recreation and tourism, and altemative economic opportunities to 
optimize the use of resources on a sustainable basis; and 
(d) 
Foster partnership 
between and 
among 
government, 
non-
government organizations (NGOs), local community organizations, 
and concerned private organization 
SEC. 3. Scope. -
The Siargao Islands Protected Landscapes and 
Seascapes shall cover the municipalities of Burgos, Dapa, Del Carmen, General 
Luna, Pilar, San Benito, San Isidro, Sta. Monica and Socorro located In the 
islands of Siargao and Bucas Grande and all the lands and waters within the 
following boundaries: 
2. 


The Point: BLLM No.1, Cad-789-D, with geographic position of latitude 
9°47'00.58" and longitiude 126°09'23.669" situated at General Luna and Pilar 
Siargao Island, Surigao del Norte, to wit: 
' 
STATION 
BEARING 
DISTANCE 
TP-1 
N54°00'OO.01" E 
16,700.00 m 
1-2 
S 04°59' 59.98" E 
30,900.00 m 
2-3 
S 41°59' 59.90" W 
19,100.00 m 
3-4 
N 69°00' 00.00" W 
20,900.00 m 
4-5 
N 82°59' 59.90" W 
14,800.00 m 
5-6 
N 37°00' 00.01" W 
16,700.00 m 
6-7 
N 28°00' 00.02" E 
16,600.00 m 
7-8 
N 38° 00' 00.02" W 
22,800.00 m 
9-10 
N 46° 00'00.04' E 
23,000.00 m 
10-11 
S 58° 00'00.02" E 
16,300.00 m 
11-1 
S 21°00' 00.0" E 
31,600.00 m 
The foregoing boundaries, which cover an approximate area of two 
hundred seventy-eight thousand nine hundred fourteen pOint one hundred thirty-
one (278,914.131) hectares, shall only be modified through an Act of Congress 
after consultation with the Protected Area Management Board (PAM B), affected 
communities, local government units (LGUs) and concerned government 
agencies. 
SEC. 4. Definition of Ter.ms. -
(a) 
"Biodiversity" refers to the variety and variability among all living 
organisms and the ecological complex in which they occur. 
(b) 
"By-product" refers to any party taken or substance extracted 
from wildlife, in raw or in processed form, and includes stuffed 
animals and herbarium specimens. 
(c) 
"Biodegradable Materials" refers to objects which are capable of 
being degraded or decomposed by microbiological or enzymes. 
(d) 
"Collection or collecting" refers to the act of gathering or 
harvesting wild flora and fauna species and its by-products or 
derivatives. 
(e) 
"Commercial"'refers to market sale in volume or value in excess 
of that required to maintain basic SUbsistence for workers and their 
dependents. 
(f) 
"Commercial Fishing" refers to fishing by passive or active gear 
for trade, business or profit beyond subsistence, utilizing fishing 
vessels of more than three gross tons; 
(g) 
(h) 
"Conservation" refers to the preservation and· sustainable 
utilization 
of wildlife, 
and/or maintenance, 
restoration, 
and 
enhancement of the habitat. 
"Critically Endangered Species" refer to species or subspecies 
that are facing extremely high risk or extinction in the wild in the 
immediate future. 


(i) 
"Department" refers to the Department of Environment and 
Natural Resources (DENR). 
(j) 
"Ecosystem" refer!\ to the community of plants and animals, their 
physical environment, and the interactions among them. 
(k) 
"Ecotourism" refers to a low impact, environmentally-sound and 
community-participating 
tourism 
activity 
in 
a 
given 
natural 
environment that enhances the conservation of a biophysical and 
cultural diversity, promotes environmental understanding and 
education, and yields socioeconomic benefits to the concerned 
community. 
(I) 
"Endangered Species" refer to a species or subspecies that is not 
critically endangered but whose survival in the wild is unlikely if the 
casual factors for the their depletion continue operating, including, 
but not limited to, the following: 
(m) 
(n) 
(0) 
(p) 
(q) 
(r) 
Fauna: 
crocodile, green sea turtle, Philippine tarsier, monitor 
lizard, dolphin, sea cow, wattled broadbill, rahminy kite, sea eagle, 
rufuous hornbill, katujo. 
Flora: 
dipterocarp species, mancuno (iron wood), fire orchids, 
itcher plant, maribojoc pine. 
"Fish and Fishery/Aquatic Products" refers to all fish and other 
aquatic animals such as mollusks, crustaceans, echinoderm, 
marine mammals, and all other species of aquatic flora and fauna 
and all other products of aquatic living resources in any form. 
"Fishing" refers to the act of taking fish, aquatic products or any 
aquatic flora and fauna from their wild state of habitat, with or 
without the use of fishing vessels. 
"Fishing vessels" refers to any boat, ship or other watercraft 
equipped to be used for fishing or aiding or assisting one or more 
vessels in the performance of any activity relating to fishing, 
including, but not limited to, preservation, supply, storage, 
refrigeration, transportation and/or processing. 
"Forest Products" refers to timber, pulpwood, firewood, bark, tree 
top, resin gum, wood, lumber, oil, honey, beeswax, nipa, rattan or 
other forest growtt'j such as grass, shrub, and flowering plant, the 
associated water, fish, game, scenic, historical, recreational and 
geologic resources in forest lands. 
"Liba-Liba" refers to a fishing gear or any variation thereof, 
consisting of a conical shaped net with a pair of wings, the ends of 
which are connected to two ropes with bur, plastic strips or any 
similar material to serve as scaring or herding device with hauling 
ropes passing through a metallic ring permanently attached to a 
tom weight (linggote) when hauled into a fishing boat. Also known 
as hulbot-hulbot or bira-bira in other vernaculars. 
"Management Plan" subject to Section 9 hereof, refers to the 
fundamental plan, strategy and/or scheme whiCh shall guide all 
activities relating to the Siargao Protected Landscapes and 
'I 


(s) 
(t) 
(u) 
(v) 
(w) 
(xl 
(y) 
(z) 
(aa) 
(bb) 
Seascapes in order to attain the objectives of this Act as stated in 
Section 2 and shall include all successor plans. 
"Marginal Fisherfolk" refers to fisherfold who engage in fishing 
with or without the' use of fishing vessels or non-motorized or 
motorized fishing vessels powered by a single engine sixteen (16) 
horsepower or less. 
"Muro Ami" refers to a fishing gear used in reef fishing which 
consists of a movable bag net and two detachable wings effecting 
the capture of fish by spreading the net in arch form around reefs or 
shoals and with the' aid of scaring devices a cordon of fishermen 
drive the fish from the reefs toward the bag portion of the whole net. 
"Non-government Organizations (NGOs) refers to nonstock, 
nonprofit organizations with qualifications, expertise and objectivity 
in undertaking activities concerning community organizing and 
development, 
resource 
and 
environmental 
conservation 
or 
management and protection related to the protec;ted area (PA). 
"Nonrenewable Resources" refers to resources found within the 
PA, the natural replenishment rate of which is either not known or 
takes more than twenty-five (25) years. 
"People's Organizations (POs) refers to a group of people which 
may be an association, cooperative, federation, aggrupation or 
individuals or groups with an identifiable structure of decision-
making and accountability, established to undertake collective 
action to address community concerns and needs in relation to the 
PA. 
"Protected Area Permit/License Authority" refers to a limited 
term privilege or authority duly granted by the PAMB, Protected 
Area Superintendent (PASu), or any entity duly authorized to grant 
the same to a natural or juridical person, or group of persons to 
utilize an allowed activity within the PA. 
"Protected Landscapes /Seascapes" refers to areas of national 
significance 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 areas. 
"Secretary" refers'to the Secretary of the DENR 
"Superlight" also refers to a type of light using halogen or metal 
halide bulb which may be located above the sea surface or 
submerged in the water. It consists of a ballast, regulator, electric 
cable and socket. The source of energy comes from a generator, 
battery or dynamo coupled with the main engine. 
"Sustainability or sustainable" refers to the use of components 
of biological diversity in a way and at a rate that does not lead to 
the decline of the species used, thereby maintaining its potential to 
meet the needs and aspirations of the present and the future 
Filipino generations. 


(cc) 
"Threatened Species" refers to species or subspecies considered 
as critically endangered, vulnerable or other accepted categories of 
wildlife whose population is at risk of extinction. 
(dd) 
"Timber" refers to wood having an average diameter of at least 
fifteen (15) centimeters and a length of at least one point five 
meters in its unaltered state, or wood regardless of size. 
(ee) 
"Vulnerable species" refers to species or subspecies that are not 
critically endangered nor endangered but are under threat from 
adverse factors throughout their range and are likely to move to the 
endangered category in the near future. 
(ff) 
"Wildlife" refers to wild forms and varieties of flora and fauna in all 
developmental stages including those which are in captivity or are 
being bred or propagated. 
CHAPTER" 
PROTECTED AREA MANAGEMENT 
Article 1 
Institutional Mechanism 
SEC. 5. 
Creation and Composition of Protected Area Management 
Board (PAMB). 
-
There is hereby created a PAMB which shall have the 
jurisdiction, power and authority, including, but not limited to, policy making and 
granting permits over the PA ·for all matters that may affect biodiversity, 
conservation, protection and sustainable development. 
The PAMB shall be composed of the Regional Executive Director (RED) 
for the CARAGA Region of the DENR or his/her duly designated representative 
as chairperson and the following as members: 
(a) 
The mayors of each municipality within the PA or his duly 
designated representative who must be an official of the same 
municipality. 
(b) 
The presiding officer of the Sangguniang Bayan of each 
municipality, or any member thereof as may otherwise be 
designated by the Sangguniang Bayan. 
(c) 
The president of the Liga ng mga Barangay of each municipality. 
(d) 
(e) 
(f) 
(g) 
A minimum of three representatives selected from all local 
community 
organizations 
through 
a 
process 
designed 
by 
themselves. 
A minimum of three representatives selected from among NGOs 
operating in the PA through a process designed by themselves. 
The provincial planning and development officer or an officer of the 
provincial planning and development office, as may otherwise be 
designed by the provincial governor. 
The provincial tourism or an officer of the provincial tourism office, 
as may otherwise be designated by the provincial governor; and 
G 


(h) 
One representative from each government agency operating within 
the PA as may be appointed by the above-listed members of the 
PAMB based on their relevance and potential contribution to PA 
management. 
In the selection of local community and NGO representatives, preference 
shall be accorded to organizations involved in the conservation and protection of 
the PA and in development work. The representation of non-government and 
local community organizations shall be institutional and shall endeavor to achieve 
geographic balance. 
SEC. 6. Term of Office -
Every member of the PAMB shall serve for a 
term of five years, subject however to the elected office held, government 
employment, and/or official designation in the local government unit, national 
agency, PO or NGO. Representation in the PAMB shall, as much as practicable, 
ensure sufficient representation of all stakeholders. 
SEC. 7. -
Power and Functions of the Protected Area Management 
Board. - The PAMB shall have the following powers and functions: ' 
(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
Issue all rules and regulations in accordance with this Act and the 
management plan; 
Establish criteria for permits and set fees for regulated activities; 
Adopt rules of procedure for the conduct of business, roles and 
responsibilities, and discipline of the PAMB and PA personnel, 
including the creation of committees to whom its powers may be 
delegated; 
Approve, revise or modify the management and action plans; 
Issue certification for terrestrial aquatic resource use: 
Provided, 
That the DENR and the LGUs shall issue permits only upon 
submission of the PAMB certification; 
Recommend to the DENR for approval the deputation of interested, 
capable and responsible individuals for the enforcement of the 
laws, rules and regulations governing conduct in the PA for areas 
and species falling under the Department's jurisdiction: Provided, 
That for areas and species under the jurisdiction of the Bureau of 
Fisheries and Aquatic Resources-Department of Agriculture, 
deputation shall be pursuant to Republic Act No. 8550; 
Oversee and evaluate the Protected Area Superintendent's Office 
created under Section 8 hereof; 
Identify, verify and review all tenure instruments and land claims 
within the PA; 
Recommend land classification and proper use of resources found 
therein consistent with the zoning provided in the management or 
action plans; 
Accept, review and approve, after establishing criteria and rules 
and procedures, therefore, proposals for projects or activities, 
including research and development on the natural resources, to be 
'1 


undertaken within the PA which affect biodiversity conservation, 
protection and sustainable development; 
(k) 
Initiate civil or administrative proceedings, file criminal complaints, 
and take necessary legal action against individuals, associations, 
corporations, or entities destroying or contributing to the destruction 
of the PA in whatever degree, including, but not limited to, 
discharge of wastes or refuse which may impact on the PA; and 
(I) 
Participate in all stages of the Environmental Impact Assessment 
(EIA) process for projects that may affect the protected area and in 
the monitoring thereof. 
May also recommend that projects or 
activities previously not covered by or exempted from the EIA 
System undergo the same. 
The DENR shall exercise general authority over the PAMB to ensure that 
it acts within the scope of its powers and functions. In case of conflict between 
administrative orders for national application issued by the DENR pursuant to the 
National Integrated Protected Areas Systems (NIPAS) Act and the rules and 
regulations issued by the PAMB, the Secretary, in consultation with the PAMB, 
shall resolve whether to apply the rule or withdraw its application for the site. 
The decision of the Secretary may be appealed to the regional trial court having 
jurisdiction over the PA. 
SEC. 8. Protected Area Superintendent (PASu) Office. - There shall be 
a Protected Are Superintendent (PASu) Office within the DENR for the Siargao 
Islands Protected Landscapes and Seascapes that will provide general support 
and coordinative services such as preparation of Preliminary management plan 
and action plans, inter-agency linkages, community partnership-building, park 
visitors' education and information programs, enforcement of park rules and 
regulations, processing of permits and monitoring of operations . 
• 
The PASu shall be supported by the existing personnel of the 
DENR. The head of office shall be the chief operating officer of the PA and 
shall be accountable to the RED of the DENR-Caraga and the PAMB. The 
PASu shall serve for a minimum of five years and must have competence 
and experience in the field of environmental protection. 
ARTICLE 2 
Protected Area Management Plan 
SEC. 9. Protected Area Management and Action Plans. -The PASu 
office, under the general supervision of the PAMB, shall, within six months from 
the effectivity of this Act, prepare the twenty-five (25) year management plan for 
the Siargao Islands Protected Landscapes and Seascapes in consultation with 
the appropriate offices of the DENR, LGUs, local communities, concerned 
government agencies and expects who may extend their services. 
The management plan shall be reviewed, approved and adopted by the 
PAMB; which shall also verify that it conforms to all laws and rules and 
regulations issued by the DENR, and certified to the DENR Secretary within sixty 
(60) calendar days from submiss.ion thereof. 
The management plan shall serve as guide to all activities relating to the 
Siargao Protected Landscapes and Seascapes, including its development as an 


ecotourism destination, in order to attain the objectives stated in Section 2 
hereof. Within one year from the effectivity of this Act. The management plan 
shall be formulated in accordance with the General Management Planning 
Strategy provided for under the NIPAS Act of 1992 and its implementing rules, 
regulations and administrative orders. The management plan shall contain, 
among others, the following: 
a) 
the goals and objectives pursuant to Section 2 hereof; 
b) 
protected nature of the areas covered; 
• 
(c) 
the period of applicability of the plan; 
(e) 
key management issues and activities such as habitat and wildlife 
conservation, sustainable use of land and marine resources and 
infrastructure development regulation; 
f) 
establishment of zoning and activity regulations; 
(g) 
establishment of sustainable livelihood and investment programs; 
Revisions or modifications of the management plan may be initiated by the 
PASu or any PAMB member and shall be reviewed, approved and adopted by 
the PAMB and certified to the Secretary. 
After its approval, adoption and certification, the plan shall be translated in 
the local vernacular and shall be made readily available for perusal by the 
general public. 
Six months after the formulation of the management plan, the PASu, in 
conSUltation with the appropriate offices of the DENR, LGUs, local communities, 
concerned government agenCies and experts who may extend their services, 
shall prepare a fiver-year action plan, subject to review and approval of the 
PAMB 
Before the expiration of said five-year action plan, the PASu shall, within a 
year, cause the publication of notices on the formulation of the succeeding action 
plan through broadcast and print media and posting of notices in conspicuous 
places within the provincial, municipal and barangay halls in order to solicit 
opinions on how to improve it. 
. 
The PAMB may conduct a public hearing or series of public hearings on 
the action plan upon the written request of any interested party. 
In the event that no action plan is approved and adopted upon the 
expiration of the existing plan, the latter shall continue to be effective subject to 
modifications as may be adopted by the PAMB. The same procedure shall be 
followed in the case of the management plan. 
SEC. 10. Integrate d Management Plan into Local Government 
Development Plans. -
The LGUs, through their representation in the PAMB, 
shall participate in the management of the Siargao Islands Protected Landscapes 
and Seascapes and its buffer zones. To ensure that the future development of 
the Province of Surigao and the Caraga Region takes place in accordance with 
this Act, the provisions herein shall be incorporated into the barangay, municipal 
and provincial development plans of Surigao and the regional development plan 
of the Caraga Region as part of the environmental concerns of the province and 
q 


environment are consistent with this Act and the management plan, as herein 
provided. 
CHAPTER III 
TENURE MIGRANTS AND PRIVATE RIGHTS 
SEC. 11. Tenure Migrants and Private Rights. - Tenured migrants are 
individuals and households who have actually and continuously occupied since 
October 10, 1991 or earlier public lands within the PA for their alienable and 
disposable and are substantially dependent on the PA for their livelihood. 
Whenever practicable, tenured migrant communities of more than five 
households occupying contiguous lots shall be provided tenurial rights over their 
current habitation sites. However, if these areas are subsequently identified as 
crucial for conservation, said tenured migrants shall, after due consultation, be 
offered alternative sites within the appropriate zones or buffer zones with 
preference over non-tenured migrants: Provided, That provisions for their transfer 
shall be undertaken using humanitarian considerations including payment of 
compensation, providing security of tenure to alternative land, provision of 
facilities of equivalent standard and similar measures. 
In all other cases, the grant of tenurial rights must take into account. the 
need to promote clustering and to avoid unnecessary displacement. In areas 
where tenurial instruments are granted, appropriate use zones shall be 
established for the purpose of maintaining noncommercial livelihood activities. 
Lands used as home lots Qr farm lots shall preferably be held by individual 
household. Lands currently used on a communal basis shall not be held 
individually. 
Tenurial instruments shall not be issued solely on the basis of tax 
declaration receipts but must be supported by indisputable evidence of 
permanent land-use for five years before October 10,1991, such as ; 
(a) 
cultivated trees and their fruit-bearing stage; 
(b) 
physical structures in the area indicating prolonged occupancy; 
(c) 
certification from the barangay captain or any two respected 
members 
(d) 
other relevant data (e.g. previous census reports) that may be 
accepted by the PAMB. 
Existing land title instruments shall be reviewed by the PASu and 
endorsed by the PAMB to the DENR regional office for validation or reversion. 
The PAMB shall recommend the issuance of the appropriate tenure instrument 
consistent with the land classification and allow the use of resources found 
therein. 
Persons who fail to qualify as tenured migrants including transient farmers 
shall be allowed to gather and collect whatever they have planted within five 
years from the effectivity of this Act. The transfer of non-tenured migrants from 
the Siargao Islands Protected Landscapes and Seascapes shall be undertaken 
using humanitarian considerations. 
to 


In the event of termination of a tenure instrument for cause or by voluntary 
surrender of rights, the PASu shall take immediate steps to rehabilitate the area 
and restore it to its natural state. 
CHAPTER IV 
SPECIAL AREAS OF CONCERN 
SEC. 12. Existing Commercial Facilities within the Protected Area. -
Within ninety (90) days from the effectivity of this Act, all existing commercial 
facilities within the boundaries of the PA or its buffer zones, with a total 
capitalization in excess of Fifty thousand pesos (P50,000.00 shall submit to the 
PAMS through the PASu, the following information: 
(a) 
potential for disturbance of protected species and their habitat, 
reproductive cycle, nesting and feeding grounds, and migratory 
paths; 
(b) 
noise levels at all stages of operation;. 
(c) 
requirements of water supply and sources of water; and 
(d) 
energy requirements and sources of energy. 
Thereafter, the PAMS, with the assistance of the DENR, shall determine 
whether the existence of a facility and its future plans and operations will be 
detrimental to the PA and its buffer zones. 
Failure to submit the required information shall constitute a violation of this 
Act. The PAMS may prescribe further conditions for the operation of the facility to 
ensure that it is not in conflict with the management objectives of the P A. If any of 
such conditions are Violated, 
a fine of Five thousand pesos (P5,000.00) for 
everyday of violation shall be imposed upon the owners of said facility, but not to 
exceed a total of Four hundred fifty thousand pesos (P450,000.00) .Whenever 
necessary, the PAMS through the PASu or other government entities shall cause 
the cessation and demolition of the facility at the cost of the owners. Existing 
facilities allowed to remain within the PA or its buffer zones shall be charged a 
fee by the PAMS, which shall not be more than two percent. of the annual gross 
income of the facility: Provided, That existing commercial facilities whose 
operations and/or purpose are considered contradictory to PA management 
objectives shall be ordered by the PAMS to vacate the PA within such time as 
the PAMS may provide. 
SEC.13. Utilization of Resources. - Livelihood activities requiring the use 
of natural resources derived from the PA shall be allowed only when sustainable, 
consistent with the management and action plans, and after prior PAMS 
approval. 
The PAMS is authorized to propose regulatory measures such as hunting 
moratoriums, closed hunting seasons and other restrictions on the use of 
resources within the PA and its buffer zones to ensure the sustainability of 
species and ecosystems. 
Any exploitation or utilization of nonrenewable resources within the PA for 
commercial purposes or by non-tenured migrants shall hot be allowed 
II 


Energy projects, whether renewable or otherwise, within the PA shall be 
allowed only through an Act of Congress except energy from wind, sun, waves 
and water sources: Provided, That in all instances, the primary beneficiaries shall 
be residents of the PA and its buffer zones: Provided further, That all energy 
projects shall undergo the EIA System as provided by law: Provided, Finally, that 
the PAMS has endorsed the project. 
Commercial exploitation of water resources within the PA shall require 
prior PAMS approval; in accordance with the management and action plans, and 
should undergo the EIA system. 
CHAPTER V 
PENAL PROVISIONS 
SEC.14. Prohibited Acts. - It shall be unlawful for any person to willfully 
and knowingly exploit wildlife resources and habitat or undertake the following 
acts without the necessary permit issued in accordance with this Act: 
(1) 
Killing and destroying wildlife species, except in the following 
instances: 
(a) 
when it is done as part of the religious rituals of established tribal 
groups or indigenous cultural communities; 
(b) 
when the wildlife is afflicted with an incurable communicable 
diseases; 
(c) 
(d) 
(e) 
(2) 
(3) 
(a) 
(b) 
(c) 
(d) 
(4) 
(5) 
(6) 
when it is necessary to put an end to the misery suffered by 
wildlife; 
when it is done to prevent an imminent danger to the life or 
limb of a human being; and 
when the wildlife is killed or destroyed after it has been used 
in authorized research-or-experiments, 
Inflicting injury which cripples and/or impairs the reproductive 
system of wildlife species. 
Effecting any of the following acts in critical habitat(s): 
dumping of waste products detrimental to wildlife; 
burning; 
logging; and 
quarrying of sand, gravel, guano, limestone or any material within 
the PA without an Environmental Clearance Certificate (ECC) 
duly issued by the DENR and authenticated by the PAMS. 
Introduction, reintroduction or restocking of wildlife resources; 
Trading of wildlife; 
Collecting, hunting or possessing wildlife, their by-products and 
derivatives 
12 


(7) 
Gathering or destroying of active nests, nest trees, host plants 
and the like; 
(8) 
Maltreating and/or inflicting other injuries not covered by the 
preceding paragraph; 
(9) 
Transporting of wildlife; and 
(10) 
Cutting, gathering, removing or collecting timber or any forest 
products within identified prohibited areas or zones in the PA, 
including 
private lands, without the necessary PA permit, 
authorization or exemption as issued or promulgated by the PAMS 
SEC.15. Fines and Penalties. - To any person who undertakes illegal 
acts under Section 14, paragraph (1) to any species as may be categorized 
pursuant to this Act, the following penalties and/or fines shall be imposed: 
(a) 
Imprisonment of a minimum of six years and one day to twelve (12) 
years and/or fine of One hundred thousand pesos P100,000.00) to 
One million pesos. (P1,000.000.000.00), inflicted or undertaken 
against species listed as critical; 
(b) 
Imprisonment of four years and one day to six years and/or fine 
of Fifty thousand pesos (P50,000.00) to Five hundred thousand 
pesos 
(P500, 000. 00), 
if 
inflicted 
or 
undertaken against 
endangered species; 
(c) 
Imprisonment of two years and one day to four years and/or fine 
of Thirty 
thousand pesos 
(P30,000.00) to Three hundred 
thousand pesos (P300,000.00) if inflicted or undertaken against 
vulnerable species; 
(d) 
Imprisonment of one year and one day to two years and/or fine 
of Twenty thousand 
pesos (P20,000.00) 
to 
Two hundred 
thousand pesos (P200,000.00), if inflicted or undertaken against 
other threatened species; 
• 
(e) 
Imprisonment of six months and one day to one year and/or fine 
of 
Ten 
thousand 
pesos 
(P10,000.00) to 
One 
hundred 
thousand 
pesos 
(P100,000.00), 
if inflicted 
or 
undertaken 
against other wildlife species. 
For illegal acts under Section 
14, 
paragraph 
(2), 
the 
following 
penalties and/or fines shall be 
imposed: 
(a) 
(b) 
Imprisonment of 
four years and one day to six years and/or 
fine of Fifty thousand pesos (P50,000.00) 
to Five hundred 
thousand 
pesos 
(P500,000.00), 
if inflicted 
or undertaken 
against species listed as critical; 
Imprisonment of two years and one day to four years and/or fine 
of Thirty thousand pesos (P30,000.00) to Three hundred 
thousand 
pesos 
(P300,000.00), 
if 
inflicted 
or 
undertaken 
against endangered species; 
13 


(c) 
Imprisonment of one year and one day to two years and/or fine of 
Twenty thousand pesos (P20,000.00) to Two hundred thousand 
pesos (P200,000.00), if inflicted or undertaken against vulnerable 
species; 
(d) 
Imprisonment of six months and one day to one year and/or fine of 
Ten 
thousand pesos (P10,000.00) to Fifty thousand pesos 
(P50,000.00), if inflicted or undertaken against other threatened 
species; and 
(e) 
Imprisonment of one month to six months and/or fine of Five 
thousand 
pesos 
(P5,000.00) 
to 
Twenty 
thousand 
pesos 
(P20,000.00), if inflicted or undertaken against other wildlife 
species. 
• 
For illegal acts under Section 14; paragraphs (3) and (4), an 
imprisonment of one month to eight years and/or fine of Five 
thousand 
pesos 
(P5,000.00) 
to 
Five 
million 
pesos 
(P5,000,000.00) pesos shall be imposed. 
For 
illegal 
acts 
under Section, paragraph (5), the following 
penalties and/or fines shall be imposed: 
(a) 
Imprisonment of two years and one day to four years arid/or 
fine 
of 
Five thousand pesos (P5,000.00) to Three thousand 
pesos (P300,000.00), if inflicted or undertaken against species 
listed as critical 
(b) 
Imprisonment of one yE)ar and one day to two years and/or fine of 
Two thousand pesos (P2,000.00) to Two hundred thousand pesos 
(P200,000.00), 
if 
inflicted or undertaken against endangered 
species; 
(c) 
Imprisonment of-six months and one day to one year and/or fine of 
One thousand 
pesos (P1,000.00) to 
One 
hundred 
pesos 
(P100,000.00), if inflicted or undertaken against vulnerable species; 
(d) 
Imprisonment of one month and one day to six months and/.or 
fine of Five hundred pesos (P500.00) to Fifty thousand pesos 
(P50,000.00), if inflicted or undertaken against other threatened 
species; and 
(e) 
Imprisonment of ten (10) days to one month and/or fine of Two 
hundred 
pesos 
(P200.00) 
to 
Twenty 
thousand 
pesos 
(P50,000.00), if intlicted or undertaken against other wildlife 
species; 
For illegal acts under Section14, paragraphs (6) and (7), the following 
penalties and/or fines shall be imposed; 
(a) 
(b) 
Imprisonment of two years and one day to four years and/or fine of 
Thirty 
thousand 
pesos 
(P30,000.00) 
to 
three 
hundred 
thousand 
pesos (P300,000.00), 
if inflicted 
or undertaken 
against species • listed as critical; 
Imprisonment of one year and one day to two years and/or 
fine of 
Two thousand pesos (P2,000.00) to Two hundred thousand pesos 
\<j 


(P200,000.00), if inflicted or undertaken against endangered 
species; 
(c) 
Imprisonment of six months and one day to one year and/or fine of 
Ten thousand pesos (P10,000.00) to One hundred thousand 
pesos (Pi 00,000.00), if inflicted or undertaken against endangered 
species; 
(d) 
Imprisonment of one month and one day to six months and a 
fine of Five thousand pesos (P5,000.00) to Fifty thousand 
pesos 
(P50,000.00), if inflicted or undertaken against other threatened 
species; and 
(e) 
Imprisonment of ten (10) days to one month and/or fine of One 
thousand pesos (Pi ,000.00) to Five thousand pesos (P5,OOO.00), 
if inflicted or undertaken against other wildlife species. 
For illegal acts under Section 14, paragraphs (8) and (9), the 
following penalties and/or fines shall be imposed: 
(a) 
Imprisonment of six months and one day to one year and a fine of 
Fifty thousand pesos (P50,000.00) to One hundred thousand pesos 
(Pi 00,000.00), if inflicted or undertaken against critical species; 
(b) 
Imprisonment of three months and one day to six months and a fine 
of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos 
(P50,000.00) if inflicted or undertaken against endangered species; 
(c) 
Imprisonment of one month and one day to three months and a fine 
of Five thousand pesos (P5,000.00) to Twenty thousand pesos 
(P20,000.00), if inflicted or undertaken against any vulnerable 
species; 
(d) 
Imprisonment of ten (10) days to one month and a fine of Ten 
thousand pesos (P10,000.00) to One hundred thousand pesos 
(Pi 00,000.00), if inflicted or undertaken against other threatened 
species; and 
(e) 
Imprisonment of five days to ten (10) days and a fine of Two 
hundred pesos (P200.00) to One thousand pesos (Pi ,000.00), if 
inflicted or undertaken against other wildlife species. 
Illegal acts under Section 14, paragraph (10), shall be penalized under 
existing forestry laws. 
All wildlife, its derivatives or by-products, and all paraphernalia, tools and 
conveyances used in connection with violations of this act, shall be ipso facto 
forfeited in favor of the government: Provided, That where the ownership of the 
aforesaid conveyances belong to third persons who have no participation in or 
knowledge of the illegal acts, the same may be released to said owner. 
If the offender is an alien, he shall be deported after service of sentence 
and payment of fines without any further proceedings. 
A fine of not less than Five thousand pesos (P5,000.00) but not more than 
Two hundred fifty thousand pesos (250,000.00) and/or imprisonment of not less 
than one year but not more than five years and the restoration and rehabilitation 
15 


of the damaged area or resource shall be imposed upon a person who shall 
commit, within the PA, the prohibited acts under Sections 86, 93 and 102 of 
Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 
1998. 
A fine of not less than Two hundred fifty thousand pesos (P250,000.00) 
but not more than Five hundred thousand pesos (P500,000.00 and/or 
imprisonment of not less than five years but not more than twenty (20) years and 
the restoration and rehabilitation of the damaged area or resources shall be 
imposed upon any person who ~hall commit, within the PA, the acts prohibited 
under Sections 88 and 92 of Republic Act No. 8550. 
A fine of not less than Five thousand pesos (P5,000.00) but not more than 
Five hundred thousand pesos (P500,000.00) and/or imprisonment of not less 
than one year but not more than five years shall be imposed upon those persons 
who commit, within the PA, the acUs prohibited under Section 106 of Republic 
Act No. 8550. 
The fines prescribed shall be increased by at least ten percent (10%) 
every three years to compensate for inflation and to maintain the deterrent 
function of such fines. 
Any person who shall induce another or conspire to commit any of the 
illegal acts prohibited in this Act or order 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, equipment, paraphernalia, implements, gears, 
tools and similar devices used in the violation of this Act shall be subject to 
immediate administrative confiscation, independent of the judicial proceedings by 
the PASu Office upon apprehension subject, however, to due process and 
SUbstantial evidence. When legal action is, however, filed in the regular courts, 
the said conveyances, vessels, .equipment, paraphernalia, implements, gears, 
tools and similar devices shall, independent of administrative proceedings, not be 
released until after final judgment. Proceeds of the sale of all objects 
administratively or judicially confiscated pursuant hereto shall accrue to the PA 
Fund: Procedures for the sale thereof shall be promulgated by the PAMB. 
CHAPTER VI 
MISCELLANEOUS PROVISIONS 
SEC. 16. Special Prosecutor. -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 PA shall be 
assigned. Such Special Prosecutor shall coordinate with the PAMB and the 
PASu in the performance of his/her duties and assist in the training of wardens 
and rangers in the arrest of offenders and in criminal procedures. The PAMB 
shall periodically submit to the, DOJ an evaluation of the performance of the 
designated Special Prosecutor. 
SEC. 
17. Special Counsel. - The PAMB may retain the services of a 
competent lawyer to prosecute and/or assist in the prosecution of cases under 
the direct control and supervision of the Special Prosecutor and to defend the 
members of the PAMB and the officers and the staff of the PASu Office, or any 
person assisting in the protection, conservation and sustainable development of 
the PA against any legal action related to their powers, functions and duties as 
provided in this Act or as delegated by the PAMB. 


• 
SEC. 18. Integrated Protected Areas Fund. -
There is hereby 
established a trust fund to be known as the Integrated Protected Areas Fund for 
purposes of financing projects of the system. All income generated from the 
operation of the system or management of wild flora and fauna in the PA shall 
accrue to the Fund. These incomes shall be derived from fees from permitted 
sale and export of flora and fauna and other resources from the PA, proceeds 
from lease of multiple-use areas, contributions for industries and facilities directly 
benefiting from the PA, and such other fees and income derived from the 
operation of the PA. The Fund maybe augmented by grants, donations, 
endowment from various sources, domestic or foreign for purposes related to 
their functions: Provided, That the Fund shall be deposited as a special account 
in the National Treasury and disbursement therefrom shall be made solely for the 
system, and duly approved projects endorsed by the PAMB in accordance with 
existing accounting and budgeting rules and regulations: Provided, further, That 
the Fund shall not be used to cover personal services expenditures. The LGUs 
shall continue to impose and collect all other fees not enumerated herein which 
they have traditionally collected,' such as business permits, property tax and 
rentals of local government units' facilities. 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 P A. 
CHAPTER VII 
FINAL PROVISIONS 
SEC. 19. Appropriations. - The secretary shall immediately include in the 
Department's program the implementation of this Act, the funding for which shall 
be included in the annual General Appropriations Act. 
SEC. 20. Interpretation. - The provisions of this Act shall be construed 
liberally in favor of achieving biodiversity conservation, protection and suitable 
development. The provisions of Republic Act No. 7586, otherwise known as the 
NIPAS Act, and Republic Act No. 8550, otherwise known as the Philippines 
Fisheries Code of 1998, and existing forestry laws, and their corresponding rules 
and regulations not inconsistent herewith shall have suppletory application in the 
Implementation of this Act. 
SEC. 21. Implementing Rules and Regulations. - Ninety (90) days after 
the effectivity of this Act, the DENR, in consultation with the PAMB and 
concerned NGOs shall promulgate the implementing rules and regulations 
necessary to effectively implement the provision of this Act. 
SEC. 22. Separability Clause. - If any part or section of this Act is 
declared by the courts as unconstitutional, such declaration shall not affect the 
other parts or sections hereof which shall continue to have full force and effect 
SEC 
23. Repealing Clause. - All other laws, rules and regulations 
inconsistent with this Act or any provision thereof are hereby repealed or are 
modified accordingly. 
' 
SEC. 24. Effectivity Clause. - This Act shall take effect immediately after 
publication in the Official Gazette or in at least two national newspaper of general 
circulation. 
Approved, 
11