07 AUG 2013"
265 PA

SIXTEENTH CONGRESS OF THE) Peps)

REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No.__ 2326

Introduced by Representative Teodorico T. Haresco, Jr.

EXPLANATORY NOTE

Section 4, Article XII of the 1987 Constitution states that “forest lands and national
parks shall be conserved and may not be increased nor diminished, except by law.”
Moreover, the Department of Environment and Natural Resources (DENR) - Region VI has
already expressed its strong proposition to delineate the specific protected areas in Western
Visayas.

Western Visayas region which includes Panay and Negros Islands is recognized as
“one of the world's highest conservation priority areas, both in terms of number of endemic
species and degrees of threat’ according to the study made by the Philippine Biodiversity
Conservation Foundation, Inc. Based on the said study, more than half of the critically
endangered species listed in the Philippines can be found in Western Visayas and that it is
undoubtedly the most threatened of the six main faunal regions of the Philippines, since it has
the least remaining forest cover and the highest numbers of severely threatened endemic
species and subspecies. In accordance with the enactment of Republic Act 7586 or the
National Integrated Protected Areas System Act.(NIPAS) in 1992, DENR Region VI has
identified twelve (12) areas as initial components that may be legislated into NIPAS. Among
the twelve (12) sites identified as initial components, three (3) were proclaimed following the
procedures provided in the law. Two (2) of these were enacted in 2001 namely: the Sagay
Marine Reserve (Republic Act No. 9106 dated April 14, 2001) in the City of Sagay, Province of
Negros Occidental and the Mt. Kanla-on Natural Park (Republic Act No. 9154 dated August
11, 2001) located in the Cities of Bago, La Carlota, and San Carlos and in the Municipalities
of La Castellana and Murcia, Province of Negros Occidental, and in the City of Canlaon and
Municipality of  Vallehermoso, Province of Negros Oriental. Additional NIPAS sites
proclaimed were Northwest Panay Peninsula found in Buruanga, Malay, Aklan and Pandan,
Libertad, Antique and North Negros Natural Park located in the cities of Talisay, Victorias and
Cadiz and in the municipalities of Murcia, Don Salvador Benedicto and Calatrava.

Pursuant to the NIPAS Act, this bill aims to declare a tract of land of the public domain
situated within the Northwest Panay Peninsula as a protected area under the category of a
natural park.

—. a
\S \-\
TEODORICO T. HARE:
yore scniete


SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No.__2326

Introduced by REPRESENTATIVE TEODORICO T. HARESCO, JR.

EXPLANATORY NOTE

AN ACT DECLARING THE NORTHWEST PANAY PENINSULA LOCATED IN THE
MUNICIPALITIES OF NABAS, MALAY AND BURUANGA, PROVINCE OF AKLAN, AND IN
THE MUNICIPALITIES OF LIBERTAD AND PANDAN, PROVINCE OF ANTIQUE AS A
PROTECTED AREA UNDER THE CATEGORY OF NATURAL PARK, PROVIDING FOR
ITS MANAGEMENT AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Northwest Panay Peninsula
Natural Park (NPPNP) Act’.

SECTION 2. Declaration of Policy. - In recognition of the richness of the biological
resources, both flora and fauna, that are native and distinct to Panay Island and the Panay-
Negros biographical region, as well as their aesthetic and ecological importance, it is hereby
declared the policy of the State to ensure the conservation, protection, management and
rehabilitation of these areas.

The conservation and protection of biological and physical diversities to sustain
human, plant and animal life shall be pursued through sustainable and participatory
management among the national government, through the Department of Environment and
Natural Resources (DENR) and the provincial governments of Aklan and Antique, the local
government units (LGUs) of the municipalities of Nabas, Malay and Buruanga in the Province
of Aklan and the municipalities of Libertad and Pandan in the Province of Antique, the non-
governmental organizations (NGOs), people’s organizations (POs), local stakeholders and
the indigenous cultural communities (ICs), particularly the Aetas, locally called “Ati’.

SECTION 3. Declaration as Protected Area. - Pursuant to and in accordance with
Republic Act No. 7586 or the National Integrated Protected Areas System Act of 1992
(NIPAS Act), a tract of land of the public domain situated within the Northwest Panay
Peninsula is hereby declared a protected area under the category of a natural park.

SECTION 4. Scope and Coverage. - The NPPNP shall cover a certain parcel of land
located in the municipalities of Nabas, Malay and Buruanga, Province of Aklan and in the


municipalities of Libertad and Pandan, Province of Antique.

particularly described as follows:

Its boundaries are more

Beginning at a point marked “1” of the map, which is N. 82° 37’ E., three thousand
three hundred twenty-six and four tenth (3,326.4) meters; from BLLM No. 7, PSC-38 of

Libertad, Antique;
Thence S. 74° 34’ W.,
Thence N. 74° 23' W.,
Thence S. 64° 12’ W.,
Thence N. 54° 59’ W.,
Thence N. 47° 07' W.,
Thence N. 36° 09' W.,
Thence N. 43° 16’ E.,
Thence S. 40° 18'E.,
Thence N, 11° 45' W.,
Thence N. 07° 16’ E.,
Thence N. 30° 53’ W.,
Thence N. 31°50’ E.,
Thence N.87° 15' E.,
Thence N. 15° 19’ E,
Thence S. 84° 01'E.,
Thence N. 87°54’ E.,
Thence S. 48° 23'E.,
Thence S. 50° 18’ E.,
Thence S. 58° 49' E.,
Thence S. 78° 05' E.,
Thence S, 51°59’ E.,
Thence S, 30° 12’ E.,
Thence S. 05° 39’ E.,
Thence S,22° 26’ W.,
Thence S, 53° 35' W.,
Thence N.86° 42’ W.,
Thence S.10° 33’ W.,
Thence S.79° 32’ W.,
Thence N. 57°20' W.,
Thence N.64° 49' W.,
Thence N. 74° 48' W.,

1,389.91 meters to corner 2;
1,671.82 meters to corner 3;
2,112.89 meters to corner 4;
1,306.72 meters to corner 5;
1,572.37 meters to corner 6;
1,331.49 meters to corner 7;
1,743.57 meters to corner 8;
1,049.46 meters to corner 9;
766.12 meters to corner 10;
1,735.66 meters to corner 11;
699.43 meters to corner 12;
1,188.35 meters to corner 13;
2,298.33 meters to corner 14;
1,171.69 meters to corner 15;
2,398.04 meters to corner 16;
805.44 meters to comer 17;
2,356.49 meters to corner 18;
1,269.20 meters to corner 19;
1,424.64 meters to corner 20;
2,152.13 meters to corner 21;
1,238.41 meters to corner 22;
2,266.24 meters to corner 23;
1,685.24 meters to corner 24;
1,764.83 meters to corner 25;
1,081.73 meters to corner 26;
533.23 meters to corner 27;
1,117.38 meters to corner 28;
962.01 meters to corner 29;
1,807.07 meters to corner 30;
1,535.10 meters to corner 31;
2,453.48 meters to corner 1

the point of beginning, containing an approximate area of twelve thousand nine and twenty-
nine hundredth (12,009.29) hectares, more or less, subject to actual ground survey.

Any modification of the coverage of this Act due to such factors as changing ecological
situations or new scientific or archaeological findings not previously taken into account shall
be made through an act of Congress, after consultation with the affected public and

concerned government agencies.


SECTION 5. Land Classification. — All lands of the public domain within the coverage
and scope of this Act shall fall under the classification of national park as provided for in the
Philippine Constitution.

SECTION 6. Establishment of Buffer Zones. — Buffer zones shall be established along
and adjacent to the peripheral boundaries to serve as protective layer to the area and its
resources. The buffer zones shall also serve as a social fence against the entry of intruders
that bring destruction or conduct activities detrimental to the park. Prescriptions for the
management of buffer zones shall be included as components of the protected area
management plan. The DENR shall exercise the same authority over buffer zones in the
same manner as protected areas. Provided, however, That there shall be consultation with
the affected communities.

The buffer zones shall be established by the DENR, in consultation with the affected
communities, after conducting a thorough study on their implications to the development of
the park and the surrounding communities.

SECTION 7. Definition of Terms. - For purposes of this Act, the following terms shall
be defined as follows:

a) Bioprospecting shall refer to any research activity or collection and utilization of
biological and genetic resources for purposes of applying the knowledge derived
therefrom solely for commercial purposes.

Buffer zones shall refer to areas that are outside the boundaries of and immediately
adjacent to designated protected areas, pursuant to Section 3 of this Act, that need
special development control in order to avoid or minimize encroachment and harm to
the protected area.

By-products or derivatives shall refer to any part taken or substance extracted from
wildlife, in raw or processed form, which include stuffed animals and herbarium
specimens.

Cave shall refer to any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or ledge and
which is large enough to permit an individual to enter, whether or not the entrance,
located either on private or public land, is naturally formed or man-made. It shall
include any natural pit, sinkhole or other feature which is an extension of the entrance.
The term also includes cave resources but not any vug, mine tunnel, aqueduct or other
man-made excavation.

Collection or collecting shall refer to the act of gathering or harvesting wildlife, its by-
products or derivatives

f) Conservation shall refer to any act or acts of preservation and sustainable utilization of
wildlife and/or maintenance, restoration and enhancement of habitat.

DENR shall refer to the Department of Environment and Natural Resources, a national
government agency created under Executive Order No. 192 with jurisdiction over
forestlands and protected areas.

GMPS shall refer to the General Management Planning Strategy, which is a document
that serves as a guide in the formulation of site-specific development plans, including
plans for the buffer zone.

6)

¢)

d)

e)

9

hy


i) Indigenous Cultural Community (ICC) shall refer to a group of people sharing common
bonds of language, customs, traditions and other distinctive cultural traits and who
have, since time immemorial, occupied, possessed and utilized a territory.

J) IPAF shall refer to the Integrated Protected Areas Fund, a special account in the

National Treasury established for the purpose of promoting the sustained financing for

the operations of the NIPAS. The IPAF may receive revenues generated within the

protected area or through donor support and such other funds provided by law.

LGU shall refer to any local government unit, a political body created under Republic

Act No. 7160, otherwise known as the “Local Government Code of 1991”, a body

politic and corporate endowed with powers to be exercised by it in conformity with Isw,

snd exercising powers as a political subdivision of the national government and as a

corporate entity representing the inhabitants of the territory.

|) National Park shall refer to a tract of land of the public domain classified as such
pursuant to the 1987 Philippine Constitution.

m) Natural Park shall refer to a relatively large area not materially altered bu human

activity where extractive resource uses are regulated and maintained to protect

outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use.

NIPAS Act shall refer to Republic Act No. 7586, entitled “An Act Providing for the

Establishment and Management of National Integrated Protected Areas System,

Defining its Scope and Coverage, and for Other Purposes”, which mandates the

classification and administration of all designated protected areas in order to maintain

ecological processes and life support systems, to preserve genetic diversity, to ensure
sustainable use of resources found within the protected areas and to maintain their
natural conditions to the greatest extent possible.

NGO shall refer to any non-governmental organization or any civic, developmental,

environmental or philanthropic non-stock, non-profit organization.

p) NPBMC shall refer to the Northwest Panay Biodiversity Management Council, a multi-

sectoral body organized in 1999 and was instrumental in the proclamation of the

NPPNP as a protected area.

PAMB shall refer to the Protected Area Management Board, a governing body created

for each protected area pursuant to the NIPAS Act, and tasked to oversee all activities

inside the protected area and its buffer zone.

PASu shall refer to the Protected Area Superintendent, the chief operating officer of

the DENR who is directly responsible to the PAMB and the concerned DENR Regional

Executive Director.

Peninsula shall refer to a strip of land projecting into water; a narrow piece of land that

juts out from the mainland into a sea or lake.

t) PO shall refer to any identified portion of land and water set aside by reason of their

unique physical and biological significance, managed to enhance biological diversity

and protected against destructive human exploitation.

Protected Area shall refer to any identified portion of land and water set aside by

treason of their unique physical and biological significance, managed to enhance

biological diversity and protected against destructive human exploitation,

v) Secretary shall refer to the Secretary of the DENR.

k)

n)

)

y

1)

s)

1)


w) Tenured migrant shall refer to any person aho has actually and continuously occupied
an area for five (5) years prior to its designation as part of a protected area and is
usually dependent on that area for subsistence.

ARTICLE II
MANAGEMENT, MANAGEMENT PLAN AND ZONING

SECTION 8. Management of the Northwest Panay Peninsula Natural Park - The
management and administration of the NPPNP shall be vested in the PAMB: Provided, That
the processes and procedures in the management of zones to be established in the area
shall be consultative and participatory.

SECTION 9. Local Government Units (LGUs). - As members of the PAMB, the LGUs
are mandated to participate in the affairs and support the programs and projects of the
protected area. Specific co-management strategies, through the signing of memoranda of
agreement, may be adopted, at the discretion of the PAMB, to strengthen and empower its
partner POs, NGOs, ICCs and LGUs in all management schemes and undertakings or the
NPPNP.

There shall be an integration of objectives of the NPPNP with the development plans
of the two (2) provinces of Aklan and Antique. The respective LGUs shall ensure that local
ordinances on environmental protection and conservation and the allocation of funds for
environmental programs are consistent with this Act and the management plan.

SECTION 10. The Northwest Panay Biodiversity Management Council (NPBMC). -
The NPBMC shall continue to serve as the coordinating body among member LGUs to
strengthen policy direction and heighten the commitment of the communities within and
bordering the NPPNP.

The NPBMC shall work closely with the PAMB to reduce the pressure on the NPPNP
from the surrounding communities through development programs and other activities geared
towards the protection, conservation and sustainable use of the latter's resources. The
NPBMC may provide assistance to the PAMB.

SECTION 11. The General Management Planning Strategy (GMPS). - The GMPS for
the NPPNP shall be prepared to provide a long-term basic management framework, govern
all activities and serve as guide in the preparation of annual operations and budgetary
requirements.

The GMPS shall identify the allowable uses for each zone. Its preparation shall be
undertaken by the PAMB under the supervision of the DENR, in consultation with the different
stakeholders. In addition to the contributions from various technical experts on biodiversity
management, the PAMB shall solicit the assistance of NGOs and academic institutions in the
preparation of the GMPS, particularly in the areas of community-based resource
management and ICC concerns. The plan must be consistent with the objectives of the
NPPNP.


The GMPS shall contain information on the following:

(a) The period of applicability which shall be twenty-five (25) years subject to review
and modifications, whenever the PAMB deems it necessary;

(b) Key management issues;

(c) Goals and objectives of management in support of Section 2 of this Act;

(d) Site management strategies;

(e) Zoning, in accordance with Section II of this Act;

(f) Management programs, to include the enforcement of laws, habitat and wildlife
management, ecotourism, sustainable-use management, infrastructure development and
maintenance, fire prevention and pest control;

(g) Mechanisms for the protection of the identified core zone and tenured migrants;

(h) Sustainable and non-destructive livelihood activities;

(i) Regulations on the preservation and conservation of resources such as permits,
resource-use restrictions and the like; and

(j) Other information as may be deemed necessary.

The GMPS shall be reviewed and adopted by the PAMB and certified to by the
Secretary that it conforms to all laws, rules and regulations issued by the DENR. The revision
or modification of the GMPS shall be undertaken after consultation with the approval by the
PAMB.

SECTION 12. Management Zones. - Management zones shall be established within
the NPPNP, giving primary consideration to its protection and conservation. Zoning shall take
into account the tenurial and livelihood concerns of communities to ensure the efficient
protection of habitats, fragile ecosystem and unique areas, without compromising the general
welfare of the local inhabitants.

The establishment and management of zones shall involve the communities
concerned through dialogues, consultations and land resource-use mapping with the aid of
geographic information system and latest technologies. Such management zones shall be
delineated and established on the ground with the participation of communities, LGUs and
other stakeholders.

All zones that shall be established shall be indicated on maps for control point and
Management purposes.

ARTICLE II
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS OF MANAGEMENT

SECTION 13. Institutional Mechanisms, Roles and Functions of Management. :-

(a) The PAMB shall be the highest policy-making body of the NPPNP. It shall be
composed of the following:
(1) The DENR Regional Executive Director (RED) for Region VI, as chairperson
and adviser on matters related to the technical aspects of protected area
management;


(2) The governors of the provinces of Aklan and Antique or their duly authorized
representatives, preferably the respective provincial planning and development officers
(PPDO) or environment and natural resources officers;

(3) The mayors of the municipalities of Nabas, Malay and Buruanga, Province
of Aklan and the municipalities of Libertad and Pandan, Province of Antique, or their
duly authorized representatives;

(4) All punong barangays with territorial jurisdiction over the NPPNP, or their
duly authorized representatives;

(5) Three (3) representatives from the NGOs based in the provinces of Aklan
and Antique and at least seven (7) POs duly accredited by the DENR and LGUs with
tangible projects within the NPPNP at the time of their membership in the PAMB. In
the absence of accredited NGOs, any environmental NGO may be appointed by the
Secretary to nominate its representative as PAMB member,

(6) A representative from the ICCs residing inside the NPPNP or within its
buffer zones; and

(7) A representative each from other national government agencies involved in
protected area management.

(b) There shall be an Executive Committee (ExeCom) within the PAMB to whom may
be delegated some of its powers and functions, to be composed of the Regional Technical
Director for Protected Areas, Wildlife Zones and Coastal Management Service as
chairperson, and at least two (2) representatives each from the LGUs, the NGOs and the
ICCs. The PAMB shall determine the scope and extent of the authority to be delegated to the
ExeCom.

(c) Except for government officials who shall serve as ex officio, each PAMB member
shall serve for a term of five (5) years without compensation: Provided, That such
government official remains connected with the office or agency being represented. The term
of office of the NGO and the PO representatives in, the PAMB shall be coterminous with the
duration and existence of the organizations’ projects in the protected area. Whenever a seat
allotted for the NGOs becomes vacant, a new member shall be chosen in the same manner
as the original selection process: Provided, further, That the substitute shall only serve for the
remaining term of the predecessor. In the case of elective government officials, their
membership in the PAMB shall be coterminous with their respective terms of office.

(d) The PAMB en bane shall hold a regular meeting at least twice a year and the
ExeCom shall hold regular meetings at least once every four (4) months. For both bodies, a
quorum shall consist of a simple majority of the members. The chairperson may call for a
special meeting as deemed necessary.

(e) The members of the PAMB shall be entitled to reimbursement of actual traveling
and subsistence expenses incurred in attending the meetings of the PAMB or its committees,
subject to existing accounting and budgeting rules and regulations. These expenses shall be
included in the annual budgetary allocation for the NPPNP.

SECTION 14. Functions of the PAMB. - The PAMB shall decide by a majority vote
and shall have the following powers and functions:


(a) Formulate rules and regulations pertaining to activities that are prejudicial to the
NPPNP;

(b) Issue necessary permits for all activities in accordance with the management plan
and pertinent laws and regulations on forest resources and environmental protection;

(c) Decide on matters relating to planning, resource protection and general
administration in accordance with the GMPS;

(d) Approve proposals, work plans, action plans and guidelines for management in
accordance with the approved management plan;

(e) Promulgate rules and regulations to promote development programs and projects
on biodiversity conservation and sustainable development consistent with the management
manual;

(f) Ensure the implementation of programs, as prescribed in the management plan, in
order to provide employment to the people dwelling in and around the NPPNP;

(g) Control and regulate the construction, operation and maintenance of roads,
waterworks, sewerage, fire protection and sanitation systems and other public utilities;

(h) Monitor and evaluate the performance of personnel, NGOs and the communities in
contributing to biodiversity conservation and socio-cultural and economic development, and
report its assessment to the NIPAS Policy and Program Steering Committee and the IPAF
governing board;

(i) Deputize, through the PASu, interested individuals for the enforcement of laws,
tules and regulations and prescribe the necessary qualification standards for individuals or
groups applying for deputation;

(j) Accept donations, approve proposals for funding and budget allocation, and
exercise accountability over all funds that may accrue to the NPPNP; and

(k) Create committees that may be needed for the effective implementation of
programs and projects.

The DENR, through the RED for Region VI, shall ensure that the PAMB exercises
authority within the scope of its powers and functions. In case of conflict between issuances
of the DENR pursuant to the NIPAS Act and the rules and regulations or resolutions of the
PAMB, the Secretary shall decide whether to apply the rule or withdraw its application in the
NPPNP..

SECTION 15. The Protected Area Superintendent (PASu) Office. - There is hereby
established a PASu office in charge of the management, protection and administration of the
NPPNP. The PASu shall be supported by the existing personnel of the DENR. The PASu
shall be the chief operating officer of the NPPNP and shall be accountable to the RED of the
DENR VI and the PAMB. The PASu shall have the following powers and functions:

(a) Prepare and recommend to the PAMB the approval of the annual work and
financial plans;

(b) Develop a management information system to ensure that relevant and updated
information are available for planning, monitoring and decision-making;

(c) Collect and/or receive pertinent fees, donations and other income for the protected
area,

(d) Initiate the preparation of the GMPS in coordination with other government offices
and sectors;

(e) Serve as head of the secretariat for the PAMB;


(f) Establish a productive partnership with the local community and stakeholders,
including groups who are interested in attaining the goals and objectives of the NPPNP;

(g) Formulate and implement park information, education, communication and visitor
programs;

(h) Enforce laws, rules and regulations pursuant to existing environmental laws and
DENR orders to protect and preserve the NPPNP from trespass, damage, injury and illegal
occupancy;

(i) Certify whether a proposed activity or project is allowable or not within the
management zones;

(j) Issue cutting permit for planted trees for a volume of up to five (5) cubic meters per
applicant per year for traditional and subsistence livelihood of ICCs/indigenous peoples (IPs)
and tenured migrants only: Provided, That Protected Area Community-Based Resource
Management Agreement (PACBRMA) holders with affirmed community resource
management plans shall no longer be issued cutting permits: Provided. Further, That the total
volume of extraction does not exceed the limit set by the PAMB and the location of extraction
is within the appropriate site within the multiple-use zone;

(k) Issue certificates of origin and transport permits for natural resources and other
products collected or gathered from the NPPNP in accordance with the resource-use
instruments or agreements or gratuitous permits issued by the PAMB and/or the DENR;

(I) Monitor all activities within the NPPNP and its buffer zones; and

(m) Perform such other functions as the PAMB or the RED may assign.

ARTICLE IV
ANCESTRAL LANDS / DOMAINS AND TENURED MIGRANTS

SECTION 16. Ancestral Lands and Domains. - The rights of the ICCs to their ancestral
lands and domains shall be recognized subject to existing and prior rights.

Traditional property regimes exercised by the ICCs in accordance with their customary
laws shall govern the relationship of all individuals within their communities with respect to all
lands and other resources found within their ancestral lands and domains.

The provisions of this Act shall be construed liberally in favor of the ICCs in
accordance with the conservation objectives of the NPPNP that would not impair, diminish or
derogate any prior or existing right currently enjoyed by tHe ICCs under existing laws.

SECTION 17. Tenured Migrants. - Tenured migrants are households that have
actually and continuously occupied the NPPNP before April 25, 1997 and are solely
dependent on the area for their livelihood. A tenured migrant shall be issued a tenurial
instrument on the areas they have been occupying or cultivating, to exceed a maximum of
five (5) hectares per household. In consideration of current practices in areas occupied by
tenured migrants, especially in strict protection zones where no occupation or other activities
are allowed, a provision for their transfer to sustainable-use zones shall be accomplished
through just and humane means.

To effectively provide a social fence to the NPPNP, a tenurial instrument to be issued
pursuant to this Act must be limited solely to the sustainable-use zones in accordance with


the general management plans and strategies. The tenurial instruments or the rights and
interests arising out of such instruments shall not be transferred, sold, leased or used as
collateral for a loan, otherwise it shall be void. The said rights can be transferred only to direct
descendants.

A tenurial instrument shall cover a period of twenty-five (25) years, renewable for
another twenty-five (25) years based on the performance evaluation and compliance with the
terms and conditions stipulated in the said instrument.

Any violation of the terms and conditions the tenurial instrument or any provision of
this Act or abandonment by a tenured migrant shall constitute a sufficient ground for the
cancellation of the tenurial instrument.

Upon cancellation of a tenured migrant instrument for cause or by voluntary surrender
of rights, the PAMB shall take immediate steps or strategies to develop, rehabilitate and
maintain the area for protection, conservation and sustainable use.

ARTICLE V
ILLEGAL ACTS

SECTION 18. Prohibited Acts, - The following shall be the prohibitions and penalties
within the NPPNP:

(a) A fine of not less than Five thousand pesos (P5,000.00) but not more than Five
hundred thousand pesos (P500,000,00) or imprisonment of not less than six (6) years and
‘one (1) day but not more than twelve (12) years, or both, at the discretion of the court shall be
imposed upon any person who:

(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within the
NPPNP any wild plant or animal or product derived therefrom without prior PAMB
permit;

(2) Possesses, without a permit from the PAMB, any wild plant or animal or
product derived from such wild plant or animal within the NPPNP or in any of its
management zones where the species is not endemic;

(3) Cuts, gathers, collects or removes timber other forest products, as well as
undertakes any activity not compatible with the use of the respective zones within the
NPPNP without prior PAMB permit: Provided, That any permit issued shall be valid for
only one (1) month from the date of issue either to tenured migrants within sustainable,
monitored and controlled quotas or for scientific purposes in accordance with existing
guidelines and outside the strict protection zones;

(4) Establishes or introduces exotic species that have allelopathic or
detrimental effect to endemic species without prior PAMB permit; or

(5) Engages in kaingin or slash-and-bum farming or any activity that causes
forest fire;

(b) A fine of not less than Five thousand pesos (P5,000.00) but not more than Two
hundred fifty thousand pesos (P250,000.00) or imprisonment of not less than six (6) months


but not more than six (6) years, or both, at the discretion of the court, and the restoration and
rehabilitation of the damage resulting from violations shall be imposed upon any person who:

(1) Violates the management plan or any resolution issued by the PAMB;

(2) Vandalizes, mutilates, transports, destroys, excavates or in any manner
intentionally damages any natural formation or object of natural beauty

nside the protected area, or the burial or religious sites including artifacts and

2 other objects belonging to the ICCs/IPs;

(3) Dumps, burns or otherwise disposes of any substance deleterious to the
ecosystem, plants and animals or human inhabitants or committing the same in the
buffer and multiple-use "areas without appropriate authority or permit;

(4) Uses or possesses a motorized equipment anywhere within the strict
protection zone without a prior permit from the PAMB;

(5) Uses or possesses chainsaws and band saws without prior PAMB permit:
Provided, That permits may only be issued for use within the multiple-use zones;

(6) Engages in grazing or raising of poultry and other livestock for commercial
purpose: Provided, That existing grazing or poultry and other livestock farms shall be
phased out within five (5) years after the effectivity of this Act;

(7) Causes damage or leaves roads and trails in damaged condition;

(8) Occupies any tract of land without a prior PAMB permit. Any clearing,
construction of residence or introduction of improvements shall constitute prima facie
evidence of occupation or settlement;

(9) Alters, removes, destroys or defaces boundaries, marks or signs;

(10) Constructs and maintains a building, edifice or any kind of structure or
conducts any business enterprise without a prior PAMB permit;

(11) Enters the NPPNP without a prior PAMB permit for purposes of bird
watching, swimming, trekking, filming, camping, spelunking or caving and other similar
activities;

(12) Conducts bioprospecting, research work or any study without a prior
PAMB permit or in violation of existing guidelines; or

(13) Engages in treasure hunting;

(c) A fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00) or imprisonment of not less than six (6)
months but not more than six (6) years, or both, at the discretion of the court shall be imposed
upon any public-officer or law enforcement officer, who, in dereliction of the duties of his
office, shall maliciously refrain from instituting proper action for the punishment of violators of
the law or shall tolerate the commission of offenses. A conviction of this offense shall also
carry the penalty of perpetual disqualification from public office;

(d) In case the species involved in the violations enumerated under Section 18(a) are
protected species, the penalty to be imposed shall not be less than twelve (12) years and one
(1) day but not more than twenty (20) years and a fine of not less than Five hundred thousand
pesos (P500,000.00) to One million pesos (P1,000,000.00) in addition to the accessory
penalties provided in the immediately succeeding paragraph. Furthermore, any citizen may
institute the necessary charge against the offender for the commission of the acts
enumerated under Section 18(a) involving protected species;


(e) A conviction under this section shall likewise carry the penalty of eviction from the
NPPNP, payment of damages for the rehabilitation and restoration and the forfeiture of all
equipment, device and weapons used in the commission of the offense as well as the
resources caught in the possession of the accused. In case the offender is not a citizen of the
Philippines, he/she shall be immediately deported to his/her country of origin after service of
his/her sentence. If the offender is an association or corporation, the president or manager
shall be directly responsible for the act of the employees and laborers,

(f) The PASu or the duly deputized personnel may arrest even without a warrant any
person who has committed or is committing in one's presence any of the offenses. defined in
this section. The PASu may also seize and confiscate in favor of the government the tools
and equipment used in committing the offenses and the resources caught in the possession
of the offender and file the necessary charges therefore: Provided. That the DENR may
impose administrative fines and penalties in accordance with law; and

(g) In case of conviction, the penalty consisting of fines and damages shall directly
accrue to the IPAF for the protected area.

SECTION 19. Special Prosecutor. - Within thirty (30) days from the effectivity of this
Act, the Department of Justice shall designate a special prosecutor to whom all cases of
violation of laws, rules and regulations in the NPPNP shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of one's duties
and assist in the training of wardens and rangers in arrest and criminal procedures.

ARTICLE VI
PROCEEDS AND FEES

SECTION 20. The Northwest Panay Peninsula Natural Park Protected

Area Fund, - There is hereby established a trust fund to be known as the Northwest Panay
Peninsula Natural Park Protected Area Fund for purposes of financing projects of the system.
All income generated from the operation of the system or the management of wild flora and
fauna in the NPPNP shall accrue to the fund. These income shall be derived from fees from
permitted sale and export of flora and fauna and other resources from the NPPNP, proceeds
from lease of multiple-use areas, contributions from industries and facilities directly benefiting
from the NPPNP and such other fees and income derived from the operation of the NPPNP.

The fund may be augmented by grants, donations, endowment from various sources,
domestic or foreign: Provided, That the fund shall be deposited as a special account in the
National Treasury and disbursements - therefrom shall be made solely for the protection,
maintenance, administration and management of the system and duly approved projects
endorsed by the PAMB in accordance with existing accounting and budgeting rules and
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. Furthermore, LGUs may charge add-ons to fees imposed by the P AMB:
Provided, That such add-ons shall be determined based on the contribution of the LGUs in
the maintenance and protection of the NPPNP

ARTICLE VII
EXISTING FACILITIES

SECTION 21. Existing Facilities, - Within ninety (90) days from the effectivity of this
Act, the PAMB shall be organized and a PASu shall be appointed who, within the same
period, shall make an inventory of existing facilities within the boundaries of the NPPNP and
submit the said inventory to the PAMB through a sworn statement containing the following
information:

(a) List of infrastructure, machineries and facilities and their potential disturbances to
protected species and their habitat, reproductive cycles, nesting and feeding grounds;

(b) Noise levels at all stages of operation;

(c) Energy requirements and sources of energy;

(d) Water supply requirements and sources of water;

(e) Volume of resources extracted from the protected area; and

(f) Future plans for the next five (5) years.

Based on the submitted documents, the PAMB, with technical assistance from the
DENR, shall determine whether the existence and operation of said infrastructure,
machineries and facilities and its future plans and operations would be detrimental to the
NPPNP.

Existing laws, rules and regulations relating to the Environmental Impact Statement
(EIS) System shall be applicable to projects and activities intended in the NPPNP. The
issuance by the DENR of an Environmental Compliance Certificate (ECC) or its exemption for
any project or activity in the NPPNP shall be coordinated with the PAMB

ARTICLE VIII
UTILIZATION OF RESOURCES

SECTION 22. Utilization of Resources. - Livelihood activities requiring the use of
resources derived from the NPPNP shall be allowed only when it is found to be sustainable
and consistent with the GMPS and only upon prior PAMB approval. Only non-timber products
can, be utilized for livelihood purposes, except trees planted in tenured areas. No exploration,
exploitation or utilization of nonrenewable resources for commercial purposes or by non-
tenured migrants or non-ICCs shall be allowed. Energy generation projects utilizing
renewable resource such as, but not limited to, hydroelectric, wind or solar generators may be
allowed at the discretion of the PAMB.

Commercial utilization of resources by tenured migrants and the ICCs shall be allowed
only upon prior PAMB approval and in accordance with the GMPS. Commercial exploitation
and utilization of water resources and other permitted resources and establishment or
installation of infrastructure such as, but not limited to, access roads, telecommunication


facilities, etc., within the NPPNP shall require PAMB approval: Provided, That these are not in
conflict with the GMPS and shall undergo the EIS System.

The utilization of non-tangible resources such as, but not limited to, aesthetic value,
filming, camping and trekking areas, caving adventures, researches on flora and fauna, and
other related activities shall require the approval of the PAMB pursuant to a corresponding
permitting system to be adopted. The PAMB shall establish a mechanism that would
Streamline the processing of these permits in order to promote its viability to enhance
collection.

A permanent office, strategically situated within the NPPNP, shall be established for
this purpose, where the PASu or his duly authorized representative can judiciously act on
requests from respective parties with authority from the PAMB.

ARTICLE IX
TRANSITORY AND MISCELLANEOUS PROVISIONS

SECTION 23. Appropriations. - The Secretary of the DENR shall immediately include
in the Department's program the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

SECTION 24. Applicability. - The provisions of this Act shall be construed liberally in
favor of tenured migrants and the ICC, with due consideration to the protection of biodiversity.
The NIPAS Act shall supplement the implementation of this Act.

SECTION 25. Transitory Provisions. - A new PAMB shall be convened and created
within three (3) months from the effectivity of this Act. During the same period, the DENR, in
coordination with the PAMB, the Committee on Natural Resources of the House of
Representatives, the Senate Committee on Environment and Natural Resources and the
concerned Congressional District Representatives shall undertake the preparation of the
implementing rules and regulations of this Act.

SECTION 26. Separability Clause. - If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof.

SECTION 27. Repealing Clause. - All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 28. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official or in a national newspaper of general circulation.

Approved,