HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3900

Introduced by:
REP. FRANCISCO T. MATUGAS
15T District, Surigao del Norte (Siargao Island)

EXPLANATORY NOTE

This bill seeks to establish the Islands of Siargao and Bucas
Grande as a protected area, according to the shared demands and
desires of the local government unit officials and constituencies of the
First District of Surigao del Norte. This bill was approved in the House of
Representatives and transmitted to the Senate of the 13!H, 14™and 15!"
Congress and now re-filed in the present Congress with the updated
technical description provided by the National Mapping and Resource
Information Authority (NAMRIA).

Siargao Islands Protected Landscape and Seascape (SIPLAS)
covers a landscape and seascape with an approximate area of two
hundred eighty three thousand nine hundred seventy four and seventy
seven (283,974.77) hectares, belonging to the islands of Siargao and
Bucas Grande, located in the Province of Surigao del Norte.

Siargao Island in the First Legislative District of Surigao del Norte, is
one of the ten (10) selected sites under the Conservation of Priority
Protected Area Project (CPPAP), which transpired pursuant to the
provisions of Republic Act 7586, otherwise known as the National
Integrated Protected Areas System (NIPAS) Law" intended at
biodiversity conservation and sustainable development.

The CPPAP covers 10 priority areas all over the Philippines and
one of these is Siargao Island which includes the Bucas Grande Island
in Surigao del Norte. This was proclaimed as a protected area on
October 10, 1996 by virtue of Presidential Proclamation 902 and was
categorized as Siargao Island Protected Landscapes and Seascapes
(SIPLAS).


According to the NIPAS Law, “protected landscapes and
seascapes” is defined as areas of national significance characterized
by 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. Siargao
\sland was chosen as one of the priority protected areas primarily due
fo its important bio-physical features include: (1) Extensive expanse of
mangrove forest which serves as a good habitat for the crocodile of
the species Crocodylus Porosus; (2) fringing coral reefs and numerous
lagoons with unique faunal assemblage; and (3) endemic species of
birds, mammals, and flowering plants in the terrestrial ecosystem. The
varied habitat types and associated forms of the island are significantly
considered as to its conservation importance and sustainability.

Siargao's 2,306 hectares of forest land consists of mixed
Dipterocarp forest which serves as home to hundreds of wildlife species
as Philippine Tarsier, Philippine Cockatoo, Flying Lemur and variety of
avian species. Dipterocarp species of white lauan and yakal
dominates in the upland. Siargao also takes pride of being one of the
habitats of ironwood “Mancono” (Xanthosthemum verdogonianus) in
the Philippines.

The mangrove seagrass and mudflats provide habitats and
feeding ground to migratory waders, waterbirds and mangrove-
associated organisms. The coral reef serves as spawning ground of
reef-associated fishes.

The island also endows natural and scenic attractions. It is an
area of white sand beaches, hidden lagoons, enchanting caves, karst
scenery and magnificent rock formations.

Such that, basing on the aforementioned dominant features,
Siargao Island favorably falls in the category defined under the said
NIPAS Law.

This proposed measure, therefore, intends to: (1) protect,
conserve and rehabilitate natural habitats and their associated
biodiversity, resources and landscape values; (2) organized and
empower communities and enable them to participate actively in PA
management, (3) develop, promote and manage sustainable
alternative livelihood systems; (4) inform, educate and raised the
ecological consciousness of all stakeholders in the island; (5) ensure
that SIPLAS laws and policies are effectively enforced.

In view of the foregoing, the immediate approval of this bill is
earnestly sought.

FRANCISCO T. MATUGAS


Republic of the PI
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. m0

Introduced By:
REP. FRANCISCO T. MATUGAS
1s District, Surigao del Norte (Siargao Island)

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 House of Representatives of the Philippines
in Congress assembled:

CHAPTER |
PRELIMINARY PROVISIONS.

SECTION 1. Title. - This Act shall be known and cited as the “Siargao
Islands Protected Landscapes and Seascapes (SIPLAS) Act of 2014".

SECTION 2. Declaration of Policy. - It is the policy of the State to ensure
the protection and conservation of Siargao Islands, their endangered species,
mangrove reserve, biodiversity and the communities residing therein,
including the people's culture and way of life insofar as these 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, Brahminy
Kite and Rufous 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

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(d) foster partnership between and among government,
nongovernment organizations. (NGOs), local community
organizations, and concemed private organizations.

SECTION. 3. Definition of Terms. —

a) “Alienable and Disposable Lands" refer to those of the public domain
which have been the subject of the present system of classification
and certified as not needed for forestry purposes.

b) “Biodiversity” refers to the variety and variability among all living
organisms and the ecological complex in which they occur.

¢) “By-product” refers to any part taken or substance extracted from
wildlife, in raw or in processed form, and includes stuffed animals and
herbarium specimens.

d) “Biodegradable materials" refer to objects which are capable of
being degraded or decomposed by microbiological organisms or
enzymes.

e) “Collection or collecting" refers to the act of gathering or harvesting
wild flora and fauna species and its by-products or derivatives.

f) “Commercial” refers to market sale in volume or value in excess of
that required to maintain basic subsistence for workers and their
dependents.

g) “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.

h) “Conservation” refers to the preservation and sustainable utilization
of wildlife, and/or maintenance, restoration, and enhancement of the
habitat.

i) “Critically endangered species" refer to species or subspecies that
are facing extremely high risk of extinction in the wild in the immediate
future.

j) "Department" refers to the Department of Environment and Natural
Resources (DENR).

k) “Ecosystem” refers to the community of plants and animals, their
physical environment, and the interactions among them.

1) “Ecotourism” refers to a low-impact, environmentally-sound, and
community-participating tourism activity in a given natural
environment that enhances the conservation of biophysical and
cultural diversity, promotes environmental understanding and


education, and yields socioeconomic benefits to the concemed
community.

m) “Endangered species" refer to a species or subspecies that is not
critically endangered but whose survival in the wild is unlikely if the
causal factors for their depletion continue operating, including, but not
limited to, the following:

Fauna: crocodile, green seq turtle, Philippine tarsier, monitor
lizard, dolphin, sea cow, wattled broadbill, brahminy kite, sea
eagle, rufous hombill, katujo.

Flora: dipterocarp species, mancuno (iron wood), fire orchids,
pitcher plant, maribojoc pine.

The term includes other species as may be covered by Appendix |
and | of the Convention on Intemational Trade of Endangered
Species (CITES) and as may be provided by law, intemational
treaties, administrative orders, and rules and regulations or issuance
of a concerned government agency.

n) “Fish and fishery/aquatic products" refer to alll 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.

0) “Fishing” refers to the act of taking fish, aquatic products or any
aquatic flora and fauna from their wild state or habitat, with or without
the use of fishing vessels.

p) “Fishing vessel" 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" refer to timber, pulpwood, firewood, bark, tree top,
resin gum, wood, lumber, oll, honey, beeswax, nipa, rattan or other
forest growth such as grass, shrub, and flowering plant, the associated
water, fish, game, scenic, historical, recreational and geologic
resources in forest lands.

1) "Libo-Liba” refers to a fishing gear or any variation thereof, consisting of
@ conical shaped net with a pair of wings, the ends of which are
connected to two ropes with burl, 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;


s) “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 Seascapes
in order to attain the objectives of this Act as stated in Section 2 and
shall include all successor plans.

t) “Marginal Fisherfolk" refers to fisherfolk who engage in fishing with or
without the use of fishing vessels or nonmotorized or motorized fishing
vessels powered by a single engine sixteen (16) horsepower or less.

U) "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.

v) “Nongovernment organizations (NGO)" refers to non-stock, 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 protected area (PA).

w) ‘'Nonrenewable resources” refer to resources found within the PA, the
natural replenishment rate of which is either not known or takes more
than twenty-five (25) years.

x) “People's organizations (PO) 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
accountabllity, established to undertake collective action to address
community concems and needs in relation to the PA.

y) "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
resource or undertake an allowed activity within the PA.

2) "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 these areas.

aa) “Secretary” refers to the Secretary of the DENR.

bb) “Superlight” also referred to as “magic light,” 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.
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38
39

(bb) “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, 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 sawn or
hewn on two or more sides usually referred to as flitch and all
mangrove species regardless of size.

(ee) “Vulnerable species” refers to species or subspecies that are not
critically endangered or 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.

SEC. 4. Scope. - The Siargao Islands Protected Landscapes and
Seascapes shall cover all the lands and waters in 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 with the
following technical description:

Beginning at a point marked "1" on the map being N59°07'04"E,
19,535.337 meters from BLLM No.1, Poblacion, Municipality of General Luna,
Province of Surigao del Norte with geographic coordinates of
09°47'01.49605581" Lat. and 126°09'21.39676345" Long.

LINE: BEARING. DISTANCE (meters)
a2 $05°46'57"E 25210.78
23 $57°35'36"W. 21623.825
34 $86°24'47"W. 17101.833
45 N82°59'59"W. 11621.604
5-6 N30°22’40"W 1.4227.523
67 N18°41'42"E 16591654.
78 N41°47'37"W_ 19091.062
8-9 N54°7"16"E 221 68.238
9-10. N48°24'56"E 18670.857_
10-11 $63°52'51"E 12823.495
W-1 $31°7'12"E 29948.052

The foregoing technical description, which covers a landscape and
seascape with an approximate area of two hundred eighty three thousand

5


nine hundred seventy four and seventy seven (283,974.77) hectares shall only
be modified through an Act of Congress after consultation with the Protected
‘Area Management Board (PAMB), affected communities, local government
units (LGUs) and concerned government agencies.

SEC. 5. Land Classification. - All lands of public domain that fall within the
scope or technical description in Section 4 shall be classified as a protected
area. However, all public lands already classified as agricultural and
alienable or disposable, 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.

CHAPTER II
PROTECTED AREA MANAGEMENT

Article 1
Institutional Mechanism

SEC. 6. Creation and Composition of the 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) of
DENR Caraga Region or his/her duly designated representative as
Chairperson, and the following as members:

(a) The mayors of each municipality within the PA or his/her 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) A minimum of three representatives selected from all local
community organizations through a process designed by themselves;

(e) A minimum of three representatives selected from among NGOs
operating in the PA through a process designed by themselves;

(f) The provincial planning and development officer or an officer of the
provincial planning and development office, as may otherwise be
designated by the provincial governor;

(g) The provincial tourism officer or an officer of the provincial tourism
office, as may otherwise be designated by the provincial governor; and

6


(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.

{i) One representative from the Office of the Congressman of the First
Congressional District of the Province of Surigao del Norte.

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
nongovernment and local community organizations shall be institutional and
shall endeavor to achieve geographic balance.

SEC. 7. 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. 8. Powers and Functions of the Protected Area Management
Board. - The PAMB shall have the following powers and functions:

(a) Issue all rules and regulations in accordance with this Act and the
management plan;

(b) Establish criteria for permits and set fees for regulated activities;

(c) 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:

(d) Approve, revise or modify the management and action plans;

(e) Issue certifications for both terrestrial and aquatic resource use:

Provided, that the DENR and the LGUs shall issue permits only upon
submission of the PAMB certification;

(f) 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;

(g) Oversee and evaluate the Protected Area Superintendent's Office
created under Section 8 hereof;

(h) Identify, verify and review all tenurial instruments and land claims
within the PA;


39

(i) Recommend land reclassification and proper use of resources found
therein consistent with the zoning provided in the management or
action plans;

(i) Accept, review and approve, after establishing criteria and rules and
procedures therefor, proposals for projects or activities, including
research and development on the natural resources, to be 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, shalll 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.9. Protected Area Superintendent (PASu) Office. - There shall be a
Protected Area Superintendent (PASu) Office within the DENR for the Siargao
Islands Protected Landscapes and Seascapes that shall provide general
support and coordinative services such as preparation of preliminary
management plan and action plans, inter-agency linkages, community
partnership-bullding, park visitors’ education and information programs,
enforcement of park rule and regulations, processing of permits and
monitoring of operations.

The PASu as 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 be supported by DENR personnel designated therein. 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.10. 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 experts 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 by the DENR Secretary within
sixty (60) calendar days from submission 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) the protected nature of the areas covered;

(ce) the period of applicability of the plan;

(d) key management issues and activities such as habitat and wildlife
conservation, sustainable use of land and marine resources and
infrastructure development regulation;

(e) establishment of zoning and activity regulations;

(f) establishment of a visitor management program; and

(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 by the Secretary.

After its approval, adoption and cerfification, 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

9


communities, concerned government agencies and experts who may extend
their services, shall prepare a five-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.11. Integration of the Management Plan info Local Government
Development Plans. ~ LGUs, through their representation in the PAMB, shall
participate in the management of the Slargao Islands Protected Landscapes
and Seascapes and its buffer zones. To ensure that the future development
of the Province of Surigao del Norte 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 concems of the province and the region. LGUs shall likewise
ensure that their ordinances pertaining to the environment are consistent with
this Act and the management plan, as herein provided.

CHAPTER III
TENURED MIGRANTS AND PRIVATE RIGHTS

SEC. 12. Tenured Migrants and Private Rights. - Tenured migrants are
individuals and households who have actually and continuously occupied
areas not classified as alienable and disposable within the Protected Area
and chiefly derived their livelihood therein since October 10, 1991 or earlier.
Whenever practicable, tenured migrant communities of more than five
households occupying contiguous lots shall be provided with tenurial rights
over their current habitation sites and shall be offered alternative sites
preferably within the buffer zones whenever said area is crucial for
Conservation. Provided, that provisions for their transfer shall be undertaken
using humanitarian considerations and shall be provided with security of
tenure over their given relocations and such other support deemed
appropriate.

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

10


established for the purpose of maintaining noncommercial livelihood
activities.

Land areas used as homelots or farmlots shall be held by individual
household. Land areas used for communal basis shall not be held individually.

Tenurial instruments shall not be issued solely on the basis of documents
but must be supported by indisputable evidence of permanent land-
utilization for five years before October 10, 1991, by the following
circumstance, such as:

(a) cultivated trees at their fruitbearing stage;

(b) physical structures in the area indicating prolonged occupancy;

(c) certification from the barangay captain or any two respected
members of the nearest community attesting to occupancy; and

(d) other relevant data (e.g. previous census reports) that may be
accepted by the PAMB.

Existing land fitle 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 os 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 nontenured migrants
from the Siargao Islands Protected Landscapes and Seascapes shall be
undertaken using humanitarian considerations.

in the event of termination of tenurial 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. 13. 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
PAMB 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.

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Thereafter, the PAMB, 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 PAMB may prescribe further conditions for the operation of the
facllity to ensure that it is not in conflict with the management objectives of
the PA. 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 PAMB 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 PAMB, 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 PAMB to vacate the PA
within such time as the PAMB may provide.

SEC. 14, 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 PAMB
approval.

The PAMB is authorized to impose 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 not be allowed

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 PAMB has endorsed the project.

Commercial exploitation of water resources within the PA shall require
prior PAMB approval, in accordance with the management and action
plans, and should undergo the EIA system.

CHAPTER V
PENAL PROVISIONS

SEC. 15. Prohibited Acts. - It shall be unlawful for any person to willfully
and knowingly exploit wildlife resources and habitat or undertake the

12


following acts without the necessary permit issued in accordance with this

Act:

ils

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
disease;

(c) when it is necessary to put an end to the misery suffered by
wildlife;

(a) when itis done to prevent an imminent danger to the life or limb
of a human being; and

(e) 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 habitats):
(a) dumping of waste products detrimental to wildlife;

(b) buming:

(c) logging; and

(a) quarrying of sand, gravel, guano, limestone or any material

Introduction, reintroduction or restocking of wildlife resources;

. Trading of wildlife;

. Collecting, hunting or possessing wildlife, their by-products and

derivatives;

. Gathering or destroying of active nests, nest trees, host plants and

the like;

. Maltreating and/or inflicting other injuries not covered by the

preceding paragraph;

.. Transporting of wildlife; and

. 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 PAMB.

SEC 16. Fines and Penalties. - To any person who undertakes illegal acts
under Section 15, paragraph (1) to any species as may be categorized
pursuant to this Act, the following penalties and/or fines shall be imposed:

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(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 (P1,000,000.00), if inflicted or undertaken against
species listed as critical;

() 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; and

(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 15, paragraph (2), the following penalties
and/or fines shall be imposed:

{a) Imprisonment of four years and one day fo 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,

(b) Imprisonment of two years and one day to four years and/or fine of
Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against endangered species;

(c) Imprisonment of one year and one day to two years and/or fine of
Twenty thousand pesos (20,000.00) 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 (20,000.00), if
inflicted or undertaken against other wildlife species.

For illegal acts under Section 18, 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) shall be imposed.


For illegal acts under Section 15, paragraph (5), the following penalties
and/or fines shall be imposed:

(a) Imprisonment of two years and one day to four years and/or fine of
Five thousand pesos (P5,000.00) to Three hundred thousand pesos
(P300,000.00}, if inflicted or undertaken against species listed as
critical;

(b) 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
(200,000.00), 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 thousand 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 (P20,000.00), if
inflicted or undertaken against other wildlife species.

For illegal acts under Section 15, paragraphs (4) and (7), the following
penalties and/or fines shall be imposed:

(a) Imprisonment of two years and one day to four years and/or fine of
Thirly thousand pesos (P30,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against species listed as
critical;

(b) Imprisonment of one year and one day to two years and/or fine of
Jwo 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
Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against vulnerable 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 (P1,000.00) to Five thousand pesos (P5,000.00), if
inflicted or undertaken against other wildlife species.

For illegal acts under Section 15, 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
(P100,000.00), 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
(P.50,000.00), 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 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
(P100,000.00}, 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 (P1,000.00), if inflicted or
undertaken against other wildlife species.

illegal acts under Section 15, 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 (P250,000.00) and/or imprisonment of not
less than one year but not more than five years and the restoration and
rehabilitation 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 resource shall
be imposed upon any person who shall 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

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than one year but not more than five years shall be imposed upon those
persons who commit, within the PA, the act/s 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 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 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. 17. Special Prosecutor. - Within thirty (30) days from the effectivity of
this Act, the Department of Justice (DO4J) shall appoint a Special Prosecutor
fo 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 procedure. The PAMB
shall periodically submit to the DOJ an evaluation of the performance of the
designated Special Prosecutor.

SEC. 18. 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 fo their powers,
functions and duties as provided in this Act or as delegated by the PAMB.

SEC. 19. 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. This income shall be derived from fees from permitted sale and
export of flora and fauna and other resources from the PA, proceeds from

17


lease of multiple-use areas, contributions from 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:
Provicled, That the Fund shall be subject to the retention by the Management
Board of the protected area, of seventy-five percent (75%) of all revenues
raised therefrom and deposited in any government bank within the locality
where the protected area is located; and that disbursements shall be made
solely for the protection, maintenance, administration and management of
the area and implementation of duly approved projects endorsed by the
PAMB in accordance with existing accounting, budgeting, and auditing rules
and regulations: Provided, further, That the twenty-five (25%) percent of the
revenues shall be deposited as a special account in the National Treasury;
Provided, finally, That 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 PA.

CHAPTER VII
FINAL PROVISIONS

SEC. 20. Appropriations. - The Secretary 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.

SEC. 21. Interpretation. - The provisions of this Act shall be construed
liberally in favor of achieving biodiversity conservation, protection and
sustainable development. The provisions of Republic Act No. 7586, otherwise
known as the NIPAS Act, and Republic Act No. 8550, otherwise known as the
Philippine 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. 22. Implementing Rules and Regulation. - 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 provisions of this Act.

SEC. 28. 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.

18


SEC. 24. Repealing Clause. - All other laws, rules and regulations
inconsistent with this Act or any provision hereof are hereby repealed or are
modified accordingly.

SEC. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of general
circulation readily available in and around the scope specified herein. It shall
likewise be posted in a conspicuous place at the municipal halls 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 in the
barangay halls concemed where the protected area is located and in other
places frequented by the public.

Approved,