Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congr
First Regular Session

3559

HOUSE BILL NO.

Introduced by Representative FRANZ E. ALVAREZ

EXPLANATORY NOTE

When the last tree has been cut down, the last fish caught, the last river poisoned, only then will we
realize that one cannot eat money.
-Native American saying

The old adage above perfectly sums up the intent of this piece of legislation. We must learn to conserve
our natural resources in order to secure the future of our next generation. In the case of Palawan, the
Province's biodiversity is highly distinct and incomparable that it matches only a few places on earth.
Declared by UNESCO as a Man and Biosphere Reserve in 1990, Palawan covers several protected
areas and two (2) World Heritage Sites: The Tubbataha Reet Marine Park and the Puerto Princesa
Subterranean River National Park.

That is precisely why in the 1990s, the framers of the Strategic Environmental Plan for Palawan (SEP)
‘identified the need for a special approach to pursue sustainable development in order to meet the needs
of the people. While development is both necessary and inevitable, there must be a process put in place
by which the material and social welfare of the people are improved concomitant with the utilization of
resources. Development is a double-edged sword in that it should be sustained so that environmental
degradation is mitigated and the benefits ot development can be enjoyed until the next generations. In
order to improve the social and economic standards of living, development plans will have to be in
harmony with conservation principles, hence the absolute need for development planning.

The altemative is disastrous. Deforestation, death of coral reefs, saline soils and water, and loss of
valuable flora and fauna species. This bill humbly submits that the most effective way to avoid these
problems is to integrate conservation considerations into every step of the project planning, design and
implementation. This has to be attained through cross-sectoral efforts, which include public consultation
since the locals know best about the real situation of their areas. Environment is not just a sector; itis
multi-linked and interdisciplinary, which crosses all sectoral lines.

In closing, this humble representation reiterates wise management of Palawan’s unique resources is of
Paramount importance in order to achieve sustainable development. However, this needs a holistic
approach that balances the socio-economic and ecological components. This bill promotes wise use of
resources through proper regulation of human behavior and activities. Natural resources, both tangible
and intangible, including people's belief system, should be used in an organized and efficient manner,
protected by a policy to ensure religious observance and faithful stewardship.

For these foregoing reasons, immediate passage is earnestly sought.

FRANZ E. ALVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session

HOUSE BILLNO, 83509

Introduced by Representative FRANZ E. ALVAREZ

AN ACT
FORMALLY INCORPORATING THE MALAMPAYA SOUND PROTECTED LANDSCAPE AND
SEASCAPE SITUATED IN THE MUNICIPALITIES OF TAYTAY AND SAN VICENTE, PROVINCE
OF PALAWAN WITHIN THE ENVIRONMENTALLY CRITICAL AREAS NETWORK SYSTEM OF
PALAWAN AND THE NATIONAL INTEGRATED PROTECTED AREA SYSTEM,
PROVIDING FOR ITS MANAGEMENT AND APPROPRIATING FUNDS THEREFORE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

CHAPTER |
INTRODUCTORY PROVISIONS

SECTION 1. Title. - This Act shall be known as the “Malampaya Sound Protected Landscape and
Seascape Act of 2016”

SECTION 2, Declaration of Policy. - 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.

It shall recognize the critical importance of protecting and maintaining the natural, biological, and
physical diversities of the environment notably areas with biologically unique features indispensable in
sustaining human, animal and plant life and supporting human development, vis-a-vis the impact on the
natural environment of increasing population, resource exploitation and industrial advancement.

It shall support and promote the sustainable development goals of provinces through proper
conservation, utilization and development of natural resources to provide optimum yields on a
continuing basis. With specific reference to forest resources, the State shall pursue and implement
forest conservation and protection through the imposition of a total commercial logging ban within
protected areas.

The State shall preserve physically unique and biologically significant public lands that serve as habitat
of rare and endangered species of plants and animals, biogeographic zones and related ecosystems,
whether terrestrial, wetland or marine, It shall secure for the Filipino people and for future generations,
the perpetuation of the said plants and animals species and ecosystems through its incorporation within
the comprehensive system of integrated protected areas established by law.

As a habitat for endemic, endangered and unique flora and fauna species and an ecotourism zone, the
State hereby preserves Taytay and San Vicente for future Filipino generations,

SECTION 3. Scope. ~ The Malampaya Sound Protected Landscape and Seascape (MSPLS) shall
include the original TWO HUNDRED THOUSAND ONE HUNDRED FIFTY-FIVE (200,255) hectares
designated as protected area under Presidential Proclamation No. 342 series of 2000 (PP 342-00) that
was specifically and formally classified by the Palawan Council for Sustainable Development (PCSD)
through its ECAN zonation system as core zone extending upto the outer boundary of the buffer zones;


the geohazard areas assessed by the Department of Natural Resources (DENR) as unfit for any human
activity; and, all areas in El Nido and Taytay delineated as forestland pursuant to the mandate of DENR
Department Administrative Order No. 2008-24 but are actually situated outside the original coverage of
PP 342-00 area.

‘Any modification of this Act due to factors such as changing ecological situations, new scientific,
archeological findings or discovery of traditional boundaries not previously taken into account shall be
made through an Act of Congress passed after full consultation with the affected public and concerned
government agencies.

Any valid contract, permit or license for the extraction or utilization of natural resources therein already
existing prior to this Act shall, subject to the national interest and existing laws, rules and regulations,
be respected until its expiration. Areas covered by such contracts, permits or licenses which are found
not viable for development after assessment and/or exploration shall automatically form part of the
MSPLS. Likewise, all property and private rights within the MSPLS already existing and/or vested prior
to this Act shall be respected in accordance with the existing laws.

SECTION 4. Land Classification. ~ All lands and waters of the public domain comprising the ECAN
system core zone within the MSPLS shall fall under the classification of a national park and are
inalienable under the 1987 Philippine Constitution.

SECTION 5. Definition of Terms. For purposes of this Act

(1) Ancestral Domains refers to all areas generally belonging to ICCs/IPs, subject to
property rights within ancestral domains already existing and/or vested upon the
effectivity of the Act, comprising lands, inland waters, coastal areas, and natural
resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs
by themselves or through their ancestors, communally or individually since time
immemorial, continuously to the present, except when interrupted by war, force
majeure or displacement by force, deceit, stealth, or as a consequence of government
projects or any voluntary dealings entered into by the government and private
individuals! corporations, and which are necessary to ensure their economic, social
and cultural welfare. it shall include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and disposable or
otherwise; hunting grounds: burial grounds; worship areas; bodies of water: mineral
and other natural resources; and lands which may no longer be exclusively occupied
by ICCs/Ps, but from which they traditionally had access to, for their subsistence and
traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic
and/or shifting cultivators,

(2) Ancestral Lands refers to land, subject to property rights within the ancestral domains
already existing and/or vested upon effectivity of the Act, occupied, possessed and
Utilized by individuals, families and clans who are members of the ICCs/ IPs since time
immemorial, by themselves or through their predecessors-in-interest, under claims of
individual or traditional group ownership, continuously, to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a
consequence of government projects and other voluntary dealings entered into by
government and private individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests, swidden farms and tree lots.

(3) Biodiversity short for biological diversity, means the diversity of lite in all its forms—
the diversity of species, of genetic variations within one species, and of ecosystems.

(4) Biological Resources refers to generic resources, organisms or part thereof,
population or any other biotic components of the ecosystems with actual or potential
Use or value for humanity.


(5)

(6)

(7)

(8)

(9)

(19)

1)

(12)

(13)

(14)

(15)

(16)

(17)

Bioprospecting refers to the research, collection and utilization of biological and
genetic resources for the purpose of applying the knowledge derived there from to
make or modify products or processes and their derivatives for scientific, agricultural,
industrial and other applications.

Butfer Zone refers to the identified area outside the boundaries of an immediately
adjacent to designated protected areas pursuant to Section 8 of the National Integrated
Protected Areas System (NIPAS Act) that needs special development control in order
to avoid and minimize harm to the protected area.

By-Product shall refer to any part taken from wild species such as, but not limited to,
hides, antlers, feathers, tur, teeth, claws, intemal organs, eggs, guano, root, trunk,
branches, leaves, stems, flowers, and any other item produced out of utilizing wildlife
or any of its parts.

CITES shall refer to the Convention on Intemational Trade of Endangered Species of
Wild Flora and Fauna including all its appendices referring to the lists of species
differentially regulated therein,

Collection or Collecting is the act of gathering or harvesting wildlife, its by-products
or derivatives,

Conservation means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat.

Core Zone refers to the area of maximum protection as defined under R. A. No. 7611
or its implementing rules and regulations.

Derivatives refers to anything extracted from wild species such as, but not limited to,
blood, oils, saliva, musk, resin, gum, seeds, spores, pollen and the like.

ECAN Board refers to the multi-sectoral, coordinative and advisory body to the local
government unit, purposely to assist in: the development of plans and programs to
implement ECAN at the municipal level; protection and management of the
environment in the local areas; the promotion of sustainable utilization of natural
Tesources; the monitoring of development projects to ensure their compatibility with
ECAN zones and local environmental conditions; and the facilitation of the flow of
activities, documents and decision-making processes related to the efficient and
effective implementation of ECAN.

Endangered Species refers to species or subspecies whose population is in danger
of extinction and whose survival is unlikely if the causal factors continue operating. A
technical definition used for classification referring to a species that is in danger of
extinction throughout all or a significant portion of its range. IUCN The World
Conservation Union defines species as endangered if the factors causing their
vulnerability or decline continue to operate.

Endemic Species refers to species or subspecies often within the geographical limits
of the State which has limited distribution;

Exotic Species refers to species or subspecies which is not naturally found within the
biogeographic region of MSPLS;

Exploitation refers to any mode of use, extraction, development, utilization or
disposition of resources, for whatever purpose, whether commercial or otherwise;


(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

General Management Plan refers to the basic long term framework plan in the
management of the protected area and serves as guide in the preparation of the annual
operations plan and budget;

Habitat refers to an area inhabited by wildlife in the natural state;

Hunting refers to collection of wild fauna for food and/or recreational purposes with
the use of weapons such as guns, bow and arrow, spear and the like;

Indigenous Cultural Communities or Indigenous People (ICCAPs) refers to a group
of people or homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on communally bounded
and defined territory, and who have, under claims of ownership since time immemorial,
‘occupied, possessed and utilized such territories, sharing common bonds of language,
customs, traditions and other distinctive cultural traits, or who have through resistance
to political, social and cultural inroads of colonization, non-indigenous religions and
cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall,
likewise include peoples who are regarded as indigenous on account of their descent
from the populations which inhabited the country, at the time of conquest or
colonization or at the time of inroads of non-indigenous religions and cultures or the
establishment of present state boundaries who retain some or all of their own social,
economic, cultural and political institutions, but who may have been displaced from
their traditional domains or who may have resettled outside their ancestral domains.

Management Manual refers to the individual management plan for the protected area
containing basic background information, field inventory of the resources, assessment
of assets and limitations, regional interrelationships, particular objectives for managing,
appropriate division into management zones, review of the boundaries and design of
the management programs.

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.

Multipte-Use Zones refer to areas where settlement, traditional 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, and consistent with the R. A. No. 7611

National Integrated Protected Areas System (NIPAS) refers to the classification and
administration of all designated protected areas for the purpose of maintaining
essential ecological processes and life-support systems, preserving genetic diversity,
ensuring sustainable use of resources found thereon, and maintaining their natural
conditions to the greatest extent possible.

National Park reters to the land of the public domain classified as such in the 1987
Constitution. Under NIPAS, refers to a forest reservation essentially of natural
wilderness character which has been withdrawn from settlement, occupancy or any
form of exploitation except in conformity with approved management plan and set aside
as such exclusively to conserve the area or preserve the scenery, the natural and
historic objects, wild animals and plants therein and to provide enjoyment of these
features in such areas,

Palawan Council for Sustainable Development (PCSD) refers to the multi-sectoral
and inter-disciplinary body, which under the law is charged with the governance,
implementation and policy direction of the Strategic Environmental Plan for Palawan
Act.


(28)

(29)

(30)

(31)

(33)

(34)

(35)

(36)

(37)

(38)

Palawan Council for Sustainable Development Staff (PCSDS) the regular
professional support staff of the PCSD that provides the machinery to coordinate the
policy and functions, implement programs, and organize such services as may be
required by the PCSD in the exercise of its functions.

Protected Area refers to identified portions of land and water set aside by reason of
their unique physical and biological significance, managed to enhance biological
diversity and protected against destructive human exploitation. Unless otherwise
provided, it shall refer to MSPLS.

Protected Species refer to any plant or animal declared protected under Philippine
laws, rules and regulations. These shall include all species listed under the Convention
on International Trade in Endangered Species of Wild Flora and Fauna (CITES) and
allits Annexes, the Convention on the Conservation of Migratory Species (CMS), those
specified under the Red-List categories of the Intemational Union for the Conservation
of Nature and Natural Resources (IUCN), or any plant or animal which the DENR,
PAMB or any government agency may deem necessary for conservation and
preservation in the protected area.

Quarrying refers to the process of extracting from, transporting, removing and
disposing out of the protected area sand, gravel, guano, limestone or any material
resources found within the protected area. This shall also include any common rock or
other mineral substances as the Director of the Mines and Geosciences Bureau may
declare as quarry resources such as andesite, basalt, conglomerate. coral sand,
diatomaceous earth, diorite, decorative stones, gabbro. granite, limestone, marble,
marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone,
serpentine, shale, tuff, volcanic cinders, and volcanic glass.

Recreational Zones refers to areas of high recreational, tourism, educational or
environmental awareness values where sustainable ecotourism, recreational,
conservation education or public awareness activities may be allowed as prescribed in
the Management Plan.

Special Use Zones refers to areas containing existing installations of national
significance such as telecommunication facilities, irrigation canals or electric power
lines.

Strategic Environmental Plan (SEP) refers to the comprehensive framework for the
sustainable development of Palawan compatible with protecting and enhancing the
natural resources and endangered environment of the province is hereby adopted.

Sustainable Use refers to the use of components of biological diversity in a manner
and at a rate that does not lead to the decline of the species used nor cause permanent
or long-term diminishment or qualitative degradation of biological species, ecological
functions or of other resources extracted or disturbed. It shall not pertain to the
exploitation of non-renewable resources in commercial quantities which will
significantly alter the ecosystem or contribute to the extinction of species.

Strict Protection Zones refers to areas with high biodiversity value which shall be
closed to all human activity except for scientific studies.

Tenured Migrants refers to individuals and households within the MSPLS who have
actually and continuously occupied such areas on or before July 12, 1995 and are
substantially dependent therein for subsistence.

Wildlife refers to wild forms and varieties of flora and fauna, including captive bred or
propagated individuals, parts, derivatives and by-products thereof.


CHAPTER It
MANAGEMENT, MANAGEMENT PLAN

‘SECTION 6. Management of MSPLS. — The management and administration of MSPLS and its buffer
Zones shall be vested with the PCSD, the ECAN Boards of Taytay and San Vicente, and the MSPLS.
Management Office (PAMO). The management and administration of the MSPLS shall be consultative
and participatory.

SECTION 7. Management Plan. — Within one (1) year from the effectivity of this Act, a Management
Plan shall be prepared by the PCSDS in consultation with the ECAN Boards of Taytay and San Vicente
In accordance with Republic Act No, 7586 and Republic Act No. 7611, The Management Plan shall
serve as the basic long-term framework plan in the management of Taytay and San Vicente and guide
in the preparation of the annual operations plan and budget. The Management Plan shall be drafted
with the assistance of experts in such fields as socioeconomic planning, environment and protected
area management, reviewed and approved by the PCSD.

‘The Management Plan shalll include the following

1 Executive Summary
" Description of the Protected Area
A. Historical Background

Biogeographic Setting
Regional and Local Setting
‘Topography, Geology and Soils
Climate
Boundaries and Rationale for their Location
Flora and Fauna, Habitats and Ecosystems
Human Population and Current Land Use
Legal Status and Regulations
Current Management Activities and Research
sues
Conservation Value
Biodiversity Concerns
Habitat Rehabilitation Needs
Management Constraints
Local Interests, Rights and Concerns
Development Potential, including Tourism
Changes Required in Legal Status
janagement Plan
Goals
Objectives
Key Management Issues
Site Management Strategy
Management Activities
community organization
ancestral domain and rights
tenure for tenured protected area residents
boundary demarcation
management zone boundaries and the rationale for each
protection program by wardens and by the community
habitat rehabilitation
habitat management
sustainable use

10. infrastructure, including maintenance

11. visitor program and accommodations

12. specific management plans for each management zone
V. __ Bio-inventory and Research Program
Vi Special Studies

MOOM>ZOMMIOBeFE“TONMIOD

©@NOgVseNa


VIL Monitoring and Evaluation

Vill Management Information Data Base Development
IX. Administration

A. Staffing

B. Work Program

C. Budget
X. Annexes

‘A. Maps, pictures, aerial photographs:
B. Species lists
C. References

‘The Management Plan shall be consistent with the nature of the MSPLS and shall be reviewed and
Updated on a regular basis, at least once every three (3) years by the ECAN Boards of Taytay and San
Vicente (ECAN Boards) with the technical assistance of the PCSDS. However, in cases where
significant physical development occur within the protected area or critical resources constraints
prevent implementation of important programs or projects, the Plan or some components thereof may
be revised or modified upon the recommendation of the ECAN Boards or PCSDS, and approved by the
CSD.

SECTION 8. Integration of the Management Plan into Local Development Plans. - Local
government units shall participate in the management of the MSPLS through their representation in the
ECAN Boards, The Management Plan of the MSPLS shall be incorporated into the development plans
of the barangays within the MSPLS, the municipalities of Taytay and San Vicente, the Provincial
Government of Palawan, and the Regional Development Council of MIMAROPA as part of their
environmental concerns in order to ensure that the future development of Palawan and the region is in
accordance with this Act. Local government units shail likewise ensure that local ordinances pertaining
to the environment are consistent with this Act and the Management Plan.

SECTION 9. Management of the MSPLS. - The management of the MSPLS shall be directly vested
with the ECAN Boards which shall be under the control and supervision of the PCSD. The jurisdiction
of the ECAN Boards shall be limited to the areas of the MSPLS within their respective territorial
boundaries.

The ECAN Boards shall have jurisdiction, power and authority over the MSPLS on matters that
generally relates to biodiversity conservation, protection and sustainable development, without
Prejudice to the implementation of special laws, including but not limited to SEP Law, Wildlife Act,
Chainsaw Act, Caves Act, Fisheries Code, etc., by other government charged with the implementation
of said laws.

SECTION 10, Administrative Supervision of the MSPLS. - The PCSD shall exercise administrative
supervision over the MSPLS and provide continuous technical support and financial assistance to the
ECAN Boards and the MSPLS Management Office (PLSMO) to ensure the sound management and
conservation of the protected area.

SECTION 11. ECAN Board. - The ECAN Board shall be the same collegial body created by the
relevant PCSD administrative orders in all municipalities and is composed of the following:

1, Local Chief Executive as chair
2, DENR Community Environment and Natural Resources Officer as co-chair
3. Municipal Vice Mayor

4. Sangguniang Bayan Environment Committee Chairperson

5. President of the Liga ng mga Barangay (LNB)

6. Municipal Environment and Natural Resources Officer

7. Municipal Planning and Development Coordinator

8, Municipal Tourism Otficer

9. PCSDS District Manager

10. Representative of the Provincial Government of Palawan


11, Representative of an accredited civil society organization (CSO) involved in the conservation
of the MSPLS.

12, Representatives trom each NCIP-recognized ICC/P group actually residing within the MSPLS

13, Representatives trom each barangay within the MSPLS;

14, Tenured science professor of a state university

15, MPLS Superintendent (PASU)

SECTION 12. Executive Committee. ~ There shall be an Executive Committee to which powers and
functions of the ECAN Board may be delegated. Additional committees may be created by the ECAN
Boards as it may deem fit. The Executive Committee shall be composed of

DENR Community Environment and Natural Resources Officer
PCSDS District Manager

MSPLS Superintendent (PASU)

Any of the appointive Municipal officials

LNB President or any of the barangay representatives
Representative of the CSO

One of the ICC/P group representatives

Representative of the Provincial Government of Palawan

PNOMAENS

SECTION 13. Term of Office. - Elected or appointive public officials serve as ex-otticio members of
the of the ECAN Board. The other members of the ECAN Board shall serve for a term of no more than
three years and shall be considered to represent his or her sector and deemed to carry the vote of such
sector in all matters. Membership in the Executive Committee shall be coterminous with the
membership in the ECAN Board.

SECTION 14. Removal from Office. — A non-ex-officio member of the ECAN Board may be removed
for cause and upon majority vote all members on any the following grounds:

1. More than three (3) consecutive unexcused absences in regular or special m meeting;

2. Conviction of any of the prohibited acts a provided in this Act, Republic Act No. 7586 or other
rules and regulations governing protected areas and protected species;

3. Graft and corruption; or

4. Conviction of any criminal offense.

SECTION. 15. Powers and Functions. - The ECAN Board shall be a policy making and permit-
granting body of the MSPLS. The ECAN Board shall hold quarterly en banc meetings. However, the
Executive Committee may meet on a regular basis to manage the day-to-day affairs and other matters
delegated by the ECAN Board.

All existing permit/clearance system for the utilization of natural resources within the protected areas,
which are presently issued by other national government agencies and local government units, insofar
as not inconsistent with this Act, shall continue to be implemented by such agencies.

The ECAN Board shall decide by a majority vote of members present in a meeting and shall have the
following powers and functions which shall be immediately executory atter publication, due notice and
hearing, as may be applicable, unless otherwise nullified, repealed or invalidated by the PCSD.

1, Promulgate rules and regulations goveming acts that may be prejudicial to the protected areas
and the policy declaration herein set forth;

2. Establish criteria and set fees for the issuance of permits for the activities regulated by the Act
or the Management Plan;

3, Adopt rules of procedure for the conduct of business, including the creation of committees to
whom its powers may be delegated;

4. Conduct periodic review of the Management Plan:

5. Deputize agents including local community leaders for the enforcement of the laws, rules and
regulations governing the management and administration of the MSPLS;


6. Accept donations, approve proposals for funding, budget allocations and exercise
accountability over all funds that may accrue to the MSPLS;

7. Manage MSPLS funds subject to goverment accounting and auditing laws, rules and
regulations;

8, Recommend appropriate policy changes to the PCSD, DENR and other concerned government
authorities;

9. Retain legal counsel, either on a permanent or temporary basis, to defend cases against the
ECAN Board and the PMO whenever they are sued in connection with the performance of their
duties under this act,

10. Recommend the issuance of corresponding appropriate tenurial instruments; and

11, Exercise quasi-judicial functions to administratively adjudicate violations of the rules and
regulations that it may issue.

SECTION 16. MSPLS Management Office (PAMO). - There shall be a single Protected Landscape
and Seascape Management Office (PAMO) under both ECAN Boards. The PAMO shall be headed by
a Superintendent (PASU) selected and appointed by the PCSD and shall serve as its Chief Operating
Officer. The PASU and PAMO staff shall reside within the protected area and establish office therein
and shall have full responsibility and accountability over the protection of land, water, wildlife and other
resources within the MSPLS.

‘The PASU shall have the following duties and responsibilities in addition to those provided under
existing rules and regulations’

1. Serve as Secretariat to the ECAN Boards with the duty to provide the ECAN Boards with all the
information necessary to make appropriate decisions for the implementation of this Act;

2. Hire and supervise, the necessary personnel to support operations as the budget may allow;

3. Establish a productive partnership with local communities including groups supporting the
achievement of the goals and objectives of this Act;

4. Develop and implement an MSPLS information, education and visitor programs:

5. Enforce the laws, rules and regulations and ECAN Boards resolutions relevant to the MSPLS,
and assist in the prosecution of offenses without prejudice to the enforcement of environmental
laws by existing enforcement agencies in their areas of jurisdiction;

6. Monitor all activities within the MSPLS in conformity with the Management Plan;

7. Ensure the integration of the MSPLS management policies, regulations, programs and projects
in all concemed national and local goverment unit levels;

8. Recommend the issuance of permits based on terms, conditions and criteria established by the
ECAN Boards;

‘9. Implement the plans, programs and resolutions stated in the Management Plan or passed and
approved by the PCSD or the ECAN Boards; and

10. Perform such other function as the ECAN Boards may assign.

‘SECTION 17. PAMO Staff. - The PAMO shall be supported by a professional staff that will be charged
with the responsibility of performing duties and services as may be required by the PASU in the exercise
of hishher functions.

‘SECTION 18. Ancestral Lands and Domains. - Ancestral domain and other customary rights and
interests of indigenous communities within the MSPLS shall be accorded due recognition. The
reservation of ancestral domain and customary rights shall be considered as one of the management
objectives. The maintenance, management and development of ancestral domains which are found to
be necessary for MSPLS will be pursuant to Section 58 of Republic Act No. 8371, otherwise known as
the the Indigenous Peoples Rights Act of 1997 (IPRA). The identification, delineation and recognition
of ancestral domain claims within the MSPLS shall be conducted by the National Commission on
Indigenous Peoples (NCIP) pursuant to the provisions the IPRA, and its implementing rules and
regulations, in coordination with the ECAN Boards.

Nothing herein shall be construed to impair or diminish prior and existing rights currently enjoyed by the
indigenous cultural communities or indigenous peoples as provided for by existing laws.


SECTION 19. Tenured Migrants and Other MSPLS Occupants. - Tenured migrants shall be eligible
to become stewards of portions of lands within allowable zones defined or provided under the SEP law.
The ECAN Boards shall identity, verity and review all tenurial instruments, land claims, and issuances
Of permits for resource use within the MSPLS and recommend the issuance of the appropriate tenurial
instrument consistent with the zoning provided in the management plan. In the event of termination of
a tenurial instrument for cause or by voluntary surrender of rights, the PLSSU_ shalll 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 MSPLS occupants who do not qualify as tenured migrants shall be resettled outside the MSPLS.
as determined by the ECAN Boards which shalll determine, plan and implement a definite schedule for
Fesettling the occupants outside the MSPLS following the procedures set forth by existing law,

SECTION 20. Cancellation of Tenured Migrants Instrument. - Tenured Migrants Instruments may
be cancelled for

1. Violation of the terms and conditions specified therein:

2, Repeated refusal of the holder of the tenure instrument to comply with the management plan
for the MSPLS; or

8. Voluntary surrender of such rights

Upon cancellation of the tenured migrant instrument, the PASU, shall immediately undertake the
Necessary steps to rehabilitate the area in order to restore it to its natural state prior to the cultivation or
similar acts by the transient or tenured migrants.

SECTION 21. Existing Rights. — All prior property and private rights within the protected area already
existing or vested prior to the effectivity of this Act shall be protected and respected in accordance with
existing laws. Consequently, all lands that were already classified as alienable and disposable or
agricultural lands prior to the passage of this Act shall continue to be classified as such and shall be
available for disposition and titling subject to existing rules and regulation.

SECTION 22. Contracts involving Lands within the MSPLS. — The purchase, sale, encumbrance,
mortgage, usufruct or lease of lands within the MSPLS to persons outside the protected area shall be
made in accordance with the existing laws, rules and regulations, subject to the approval of the PCSD.

Persons not otherwise prohibited to hold lands within the MSPLS may enter into joint venture
agreements with the government.

CHAPTER Ill
UTILIZATION OF RESOURCES.

SECTION 23. Existing Facilities within the MSPLS. - Within ninety (90) days from the effectivity of
this Act, major existing facilities such as roads, buildings, water systems, transmission lines,
communication facilities, heavy equipment, and irrigation facilities existing within the boundaries of the
MSPLS shall submit project descriptions to the ECAN Boards. The ECAN Boards, with the assistance
of the PCSD, shall determine whether the existence of such facility and its future plan and operations
will be detrimental to the MSPLS or whether conditions for its operation shall be imposed. I any such
Conditions are violated, the owner of the facility shall be liable to pay a fine of Five Thousand Pesos
(P5,000.00) for every violation. Upon reaching a total fine of Five Hundred Thousand Pesos
(P500,000.00), the ECAN Boards with the assistance of the municipal governments, shall cause the
cessation and demolition of the facility at the cost of its owner. Existing facilities allowed to remain within
the MSPLS may be charged a reasonable royalty by the PCSD. All income from such royalty shall
accrue to the MSPLS Fund.

SECTION 24. Utilization of Resources. - Any exploitation of or utilization of nonrenewable resources
within the core zone of the MSPLS shall not be allowed. Energy projects within the core zone of the
MSPLS 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 established outside the strict protection zone, adopt reduced impact
technologies and undergo the environmental Impact assessment (EIA) system as provided by law:
Provided, that the ECAN Board endorsement has been obtained.

SECTION 25. Public Lands. — Public lands already classified as agricultural land that are alienable or
disposable prior to the passage of this Act shall remain as such and may be disposed of pursuant to
the provisions of Commonwealth Act No. 141 or the Public Land Act, as amended. Upon passage of
this Act, no land within the core zone of the MSPLS shall be released from the public domain as
alienable and disposable and any sale, transfer, alienation or disposition thereof shall be null and void

CHAPTER IV
PROHIBITED ACTS AND PENALTIES

SECTION 26, Prohibited Acts and Penalties. - The following shall be the prohibitions and penalties
applicable to the MSPLS without prejudice to the application of pertinent laws and regulations:

1, The penalties provided for in Articles 309 and 310 of the Revised Penal Code, depending on
the value of the resources taken, damaged or destroyed, shall be imposed upon any person
who:

A. 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 MSPLS including private lands without
the necessary permit, authorization or exemption: Provided, that hunting of animals shall
be absolutely prohibited except for scientific research and for traditional hunting by the
IPsCCs;

B. Cuts, gathers, removes or collects timber or any forest products, within particularly
identitied regulated or prohibited areas or zones in the MSPLS including private lands
without the necessary permit, authorization or exemption;

C. Possesses or transports, within or outside the MSPLS any timber, forest products, wild
terrestrial or aquatic plants, animals, flora or fauna, or by — product derived therefrom which
is ascertained to have been taken from the MSPLS;

D. Undertakes mineral exploration or extraction within the MSPLS;

E. Engages in quarrying of sand, gravel, guano, limestone or any material within the MSPLS;

F. 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
MSPLS;

G. Conducts bioprospecting within the MSPLS without prior MSPLS approval in accordance
with existing guidelines; or

H. Establishes or introduces exotic species within the MSPLS which are detrimental to
endemic species or without prior approval

2, A fine of not less than Five thousand pesos (P5,000.00) nor more than Five hundred thousand
pesos (P500,000,00) and/or imprisonment from one (1) year but not more than six (6) years
shall be imposed upon any person who

A. Violates any rules and regulations in the management plan or by the MSPLS or agreements
reached before the ECAN Boards in the exercise of adjudicative functions;

B. Erects any structure on land or on water for any purposes outside the management plan;
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, pollution and resource
degradation are absolutely prohibited

C. Possesses a chainsaw, hacksaw and other mechanized equipment within the MSPLS
without a permit from the PCSD;

D. Throws, dumps or causes to be dumped into the MSPLS any non-biodegradable material
or waste whether liquid, solid or gas.


m

Uses, dumps, places or causes to be placed into the MSPLS toxic chemicals, including
pesticides and other hazardous substances, unless the same is expressly allowed in the
management plan;

Prospects, hunts or otherwise locates hidden treasures within the MSPLS;

Informally occupies or dwells in any land within the MSPLS without clearance from the
ECAN Boards;

Possesses or uses blasting caps or explosives anywhere within the MSPLS;

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}

J. Alters, removes or destroys boundary marks or signs:

K, Engages in kaingin, or, in any manner, causing forest fires inside the MSPLS; or

LL. Purchases, or sells, mortgages or leases lands or other portions of the MSPLS which are
covered by any tenurial Instrument.

om

-x

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, PCSD or other concerned
government agency shall be presumed correct unless otherwise proven by preponderant evidence.

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, equipment, paraphernalia, implements, gears, tools and similar devices shall
be subject to immediate and administrative confiscation, independent of the judicial proceedings by the
PAMO 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, equipment,
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 MSPLS Fund.

Procedure for the sale thereof shall be promulgated by the PCSD. 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.

SECTION 27. Special Prosecutor. - Within thirty (30) days from the effectivity of this Act, the
Department of Justice shall appoint a special prosecutor to whom all cases of violation of the laws and
rules and regulations in the protected area shail be assigned. Such special prosecutor shall coordinate
with the ECAN Boards and the PASU in the performance of his/her duties and assist in the training of
rangers in apprehension and criminal procedures.

SECTION 28. Special Counsel. - The ECAN Boards may retain the services of a competent lawyer to
prosecute and assist in the prosecution of cases to defend the members of the ECAN Boards, the PASU
and PAMO staff or any person assisting in the protection, conservation and sustainable development
of the protected area against any legal action that may be brought against them for acts performed
pursuant to the discharge of their powers, functions and responsibilities as provided in this Act or as
delegated by the ECAN Boards.


CHAPTER V
PROCEEDS AND FEES

SECTION 29, Malampaya Sound Protected Landscape and Seascape Fund. ~ There is hereby
established a trust fund to be known as the El Nido Protected Area Fund for purposes of financing
projects of the MSPLS. Seventy ~ five percent (75%) income generated from the operation of the
MSPLS or management of wild flora and fauna in the MSPLS shall accrue to the fund, The remaining
twenty ~ five percent (25%) shall go to the Integrated Protected Areas Fund (IPAF) as established In
the NIPAS Act of 1992,

Income shall be derived from visitorsfourists tee, fees from permitted sale and export of flora and fauna
and other resources from the MSPLS, proceeds from the registration and lease of multiple — use areas,
including tourism concessions, fees, proceeds, and contributions from industries and facilities directly
benefiting from the MSPLS, and such other fees and income derived from the operation of the MSPLS.

The ECAN Boards may impose and charge reasonable fees, such as but not limited to water users fee
for water extracted by commercial water extractorsidistributors sourced and generated from the
protected area, Such fee structure may change as the ECAN Boards may see fit.

The Fund may be augmented by grants, donations, endowment from various sources, domestic or
foreign, for purposes related to their functions: provided, disbursements therefrom shall be made solely
for the protection, maintenance, administration and management of the system, and duly approved
projects endorsed by the ECAN Boards 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 LGUs’ facilities, Provided,
LGUs may charge add-ons to fees imposed by the ECAN Boards : Provided, That such add-ons shall
be determined based on the contribution of the LGUs In the maintenance and protection of the MSPLS.

SECTION 30. Appropriations. - The PCSD shall immediately include in the its program the
implementation of this Act, the funding of which shalll be included in the annual General Appropriations
Act

CHAPTER VI
MISCELLANEOUS PROVISIONS.

SECTION 31. 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, or the NIPAS Act of 1992, Republic Act
No, 7611 or the SEP Law, Republic Act No. 9147 or the Wildlife Act of 2001, Republic Act No. 9072 or
the Caves Act and other existing laws, and their corresponding rules and regulations not inconsistent
hereto shall have the suppletory effect in the implementation of this Act.

SECTION. 32. Transitory Provisions. - In order to ensure the sustainability and recovery of
biodiversity 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 of resources within the MSPLS until the Management Plan
shall have been put into effect. Pending the organization of new ECAN Boards in accordance with this,
Act, the incumbent ECAN Boards members shall continue to hold office until anew ECAN Boards has
been convened.

SECTION 33. Separability Clause. ~ It any part or section of this Act is declared unconstitutional or
invalid, such other parts or sections not affected thereby shall remain in full force and effect.

SECTION 34. Repealing Clause. - All laws, decrees, proclamations, executive orders, rules and
regulations inconsistent with any provisions of this Act shall be deemed repealed or modified
accordingly.


SECTION 35. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in two (2) national newspapers of general circulation. It shall be
translated in Filipino during local publication.

Approved.