Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__ 3068

Tntroduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

EXPLANATORY NOTE

Consistent with Article II, Section 16 of the Constitution, which provides that:
“The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature”, this bill seeks to declare the
Maulawin Spring Watershed Forest Reserve as a protected area to protect it from
indiscriminate exploitation and to maintain and preserve its biodiversity and ecological
balance.

‘This Forest Reserve in Guinayangan, Quezon is a haven of rich biodiversity
covering a total area of 149.01 hectares of lands of public domain. It was declared a
protected area on 23 April 2000 by virtue of Presidential Proclamation No. 295.

This important measure seeks to provide for the management, protection,
conservation and sustainable development of the Maulawin Spring Watershed Forest
Reserve within the framework of Republic Act 7586 or the National Integrated
Protected Area System (NIPAS) Act of 1992.

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

an
ANGELINA ahd Asn. TAN, M.D.

4" District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3068

Introduced by: Hon. Angelina “Helen” D.L. Tan, M.D.

AN ACT

ESTABLISHING THE MAULAWIN SPRING IN THE MUNICIPALITY OF
GUINAYANGAN, PROVINCE OF QUEZON AS A PROTECTED AREA
UNDER THE CATEGORY OF PROTECTED LANDSCAPE, 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. Title. - This act shall be known as the “Maulawin Spring
Protected Landscape (MSPL) Act of 2013”.

SEC, 2. Declaration of Policy. - Pursuant to Republic Act No. 7586, otherwise
known as the "National Integrated Protected Areas System Act of 1992", it is hereby
declared the policy of the State to conserve and preserve the aggregates of wild flora
and fauna, culture and indigenous knowledge, historical artifacts and sites, ensure the
continuity of endangered, threatened and rare species towards the end of conserving,
protecting and preserving, and preserving the scenic, cultural, historical and
archaeological features of Maulawin Spring Protected Landscape (MSPL) and its
surroundings and other forest ecosystems found therein, and providing thereof for the
benefit and enjoyment o f its people and humankind.

‘The classified area comprising the MSPL shall be within the classification under
the 1987 Philippine Constitution. Public lands classified as agricultural, alienable and
disposable upon the passage of this Act shall remain as such and may be disposed of
under the law.

SEC. 3. Scope and Coverage. - The boundaries of the MSPL, which fall under the
category of protected landscape as defined herein, within the Municipality of
Guinayangan, Province of Quezon, are as follows:

Beginning at a point marked “1” which is 80 degrees 13 minutes 43 seconds West,
985.77 meters from QZN-3466 of Guinayangan, Quezon with geographic coordinates
of 13 degrees 53 minutes 54.96 second North and 122 degrees 27 minutes 11.08
seconds East.

Thence S 18 deg. 54° 0"E 291.1 m. to corner 2;
Thence S57 deg. 55° 0"W 260.6 m. to corner 3;
Thence S 66 deg. 45° SO"W 190.4 m. to comer 4;
Thence $77 deg. 57° 59"W 410.7 m. to corner 5;
Thence $50 deg. 54°59" W 320.8 m. to corner 6;
Thence $49 deg. 45°0°W 320.9 m. to corner 7;
Thence N 66 deg. 8°0" 390.2 m. to comer 8;

Thence N 29 deg. 39” 234.3 m. to corner 9;

Thence N 38 deg. 39°59 399.1 m. to corner 10;
Thence N43 deg. 9°59" W 159.7 m. to corner 11;
Thence N 62 deg. 3°59°E. 149.7 m. to corner 12;

Thence N 26 deg. 3°S9°E 234.1 m. to comer 13;
Thence N 70 deg. 2° 5! 219.6 m. to corner 14;



Thence N 88 deg. 59°59” 269.6 m. to corner 15;

‘Thence S 54 deg. 50° 59 200.1 m. to comer 16;
Thence S 80 deg. 27E 199.7 m. to comer 17;
‘Thence N19 deg. 33°E 139.4 m. to corner 18;
‘Thence N65 deg. 4°E 199.6 m. to comer 19;
‘Thence N85 deg. 'E 149.8 m. to corner 20;
Thence $89 deg. 00°E 119.8 m. to corner 21;
Thence S 40 deg. 50’E 160.3 m. to corner 22;
‘Thence S 46 deg. 49°59°E 200.3 m. to corner 23;
‘Thence N85 deg. 58°29"E 209.73 m. to corner 1;

The MSPL shall cover a total land area of one hundred forty-nine and 8/1000
(149.008) hectares.

The Department of Environment and Natural Resources (DENR) shall
appropriately mark on the ground the technical descriptions provided in this Act with
clearly visible markers and shall prepare appropriate maps thereof.

Any modification of the coverage of this Act due to such factors as changing
ecological situations, new scientific or archaeological [mdings, or discovery of
traditional boundaries not previously taken into account shall be made through an act of
Congress, after consultation with the affected public and concerned government
agenc’

SEC. 4. Land Classification. - All lands comprising the MSPL shall fall under
the classification of National Park as provided for in the 1987 Philippine Constitution.

. 5. Definition of Terms. - For purposes of this Act, the following terms are
defined as follows

(a) Biodiversity shall refer to variety and variability among living organisms
and the ecological complexes in which said organisms occur.

(b) Conservation shall refer to the sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat.

(c) Department o f Environment and Natural Resources (DENR) shall refer to
the national government agency tasked of regulating the use of natural resources and
administering the programs of environmental management.

(a) Endangered species shall refer to the wildlife species that are in danger of
extinction and whose survival is unlikely if the causal factor is not reversed.

(¢) Exotic species shall refer to species or subspecies of flora and fauna which
do not naturally occur within the protected area at present or in historical time.

(1) Forestlands shall refer to the lands of the public domain, which have been
classified as such, under the land classification program of the DENR.

(a) Habitat shall refer to a place or type of environment where species or
subspecies naturally occur or have naturally established their population.

(h) Management Board shall refer to the Management Board of the MSPL.

(i) Management plan shall refer to the fundamental plan, strategy and/or
scheme, which shall guide all activities relating to the MSPL in order to attain the
objectives of this Act.

) National Integrated Protected Areas System (NIPAS) shall refer to the
classification and administration of all designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to
the greatest extent possible.

(k) National park shall refer to the land of the public domain classified as such
in the 1987 Constitution, which includes all areas under the NIPAS pursuant to
Republic Act No. 7586 primarily designated for the conservation of native plants and
animals, their associated habitats and cultural diversity.

(J) Nongovernmental organization (NGO) shall refer to an agency, institution,
foundation or a group of persons whose purpose is to assist people's


organizations/associations in various ways including, but not limited to, organizing,
education, training, research and/or resource accessing.

(m) Provincial Environment and Natural Resources Office (PENRO) shall refer
to the local office of the DENR at the provincial level.

(n) People’s organization (PO) shall refer to a group of organized migrant
communities and/or interested indigenous peoples which may be an association,
cooperative, federation or other legal entity, established to undertake collective action
to address community concems and needs and mutually share the benefits of the
endeavor.

(0) Protected area shall refer to identified portions of land and/or water set aside
by reasons of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation,

(p) Protected Area Management Board (PAMB) shall refer to a multi-sectoral
policy-making body created in accordance with Republic Act No. 7586 or the NIPAS
Act of 1992.

(q) Protected Area Superintendent (PASu) shall refer to the chief operating
DENR officer of the MSPL.

(t) Protected landscape shall refer to an area of national significance, which is
characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through recreation and tourism within the normal
lifestyle and economic activity of the area.

(s) Protected species shall refer to plants or animals declared protected under
Philippine laws and international conventions, including species listed under the
Convention on International Trade of Endangered Species (CITES) and all its Annexes,
the Bonn Convention on Migratory Species, the Red-list Categories of the World
Conservation Union (IUCN), or plants or animals which the PAMB may deem critical
for the conservation and preservation of the MSPL.

(© Tenured migrants shall refer to forest occupants who have actually and
continuously occupied a portion of the protected area for at least five (5) years, and are
solely dependent therein for subsistence, as of the passage of this Act. A protected area
occupant is understood to be "solely dependent for subsistence" when everything
indispensable for survival for the household, including food, clothing, shelter and
health, comes only from the utilization of resources from the protected area.

SEC. 6. Management Plan. - There shall be a management plan promulgated for
the MSPL that shall serve as the basic long-term framework plan in the management of
the protected area and guide in the preparation of its annual operations plan and budget.

Within one (1) year from the effectivity of this Act, the management plan shall
have been put into effect following the general management planning strategy provided
for under the NIPAS Act and according to the procedure herein set forth. It shall
contain, among others, the following:

(a) The category of the protected area;

(b) Period of applicability of the plan;

(c) Key management issues;

(d) Goals and objectives of management in support of Section 2 hereof;

(e) Site management strategy;

(1) Major management activities such as, but not limited to, enforcement of
laws, habitat and wildlife management, sustainable use management, infrastructure
development and maintenance, and fire and pest control;

(g) Zoning; and

(h) Visitor management programs.

The management plan shall be prepared by the Protected Area Superintendent
(PASu) in coordination with the appropriate offices of the Department, local
communities and the NGOs. It shall be reviewed and approved by the PAMB and
certified by the Secretary of the Department. Such certification shall be mandatory to
ensure that the plan conforms to all laws and the applicable rules and regulations issued
by the Department: Provided, That the Secretary may revise and modify the protection


and conservation plan, after consultation with the PAMB, prior to certification to
ensure conformity with applicable laws, rules and regulations.

A year before the expiration of the period of the applicability of the plan in
effect, the PASu shall cause publication of notices for comments and suggestions on the
successor plan in a newspaper of general circulation in the concerned municipalities
Notices shall also be posted in the respective provincial and municipal halls of the
concerned provinces and municipalities as well as in the barangay halls bounding or
immediately adjacent to the protected landscape. The proposed plan shall be made
available to the public during the period for comment and a final plan shall likewise be
made available for public perusal at the office of the PASu upon the approval of the
PAMB: Provided, That the plans shall be plainly written in a language understandable
in the area,

SEC. 7. Management of the Maulawin Spring Protected Landscape (MSPL). -
There is hereby created a PAMB, which shall have jurisdiction, power and authority
over the MSPL for all matters that may affect biodiversity conservation, protection and
sustainable development. It shall be composed of:

(a) The Regional Executive Director (RED) of the DENR-Region IV -A, as the
Chairman;

(b) The Provincial Planning and Development Coordinator of Quezon

Province;

(c) One (1) representative from the municipal government of Guinayangan,
Province of Quezon, which shall be appointed by their local chief executive;

(4) One (1) representative from cach barangay with territory within the
protected area, which shall be appointed by their respective sangguniang barangays;

(c) At least three (3) representatives from local NGOs and community
organizations, including people's organizations, cooperatives, church or civic
organizations to be chosen among themselves in meeting called for the purpose; and

(£) One (1) representative from other government agencies that may be involved
in protected area management depending on the needs of the protected area,

Each member of the PAMB shall serve for a term of five (5) years and shall be
considered to represent one's sector and deemed to carry the vote of such sector in all
matters, In the case of members who are government officials, their appointment shall
be coterminous with their terms of office.

‘The members of the PAMB shall be appointed by the Secretary of the DENR in
conformity with the provisions of the NIPAS Act. Asa transitory provision, the initial
members of the PAMB shall be nominated from the current members of the interim
PAMB of the MSPL: Provided, That the PAMB shall include women as members.

The representatives from the local government units (LGUs) and national
agencies in the PAMB shall include among their duties, the duty to inform their
respective constituents, office or sector of the PAMB approved or other relevant
policies, rules, regulations, programs and projects, and to ensure that the provisions of
this Act, the NIPAS Act and its implementing rules and regulations are observed,
complied with, and used as reference and framework in their respective plans, policies,
programs and projects. Failure to comply with the foregoing shall subject such
representative to disciplinary action as the PAMB may provide.

The members of the PAMB shall not receive any salary but shall be entitled to
reimbursements for actual and necessary expenses incurred, either in their attendance in
meetings of the PAMB or In connection with other official business authorized by a
resolution of the PAMB, subject to existing rules and regulations.

SEC. 8. Powers and Functions of the PAMB. - The PAMB of the MSPL, which
shall decide by consensus or majority vote of the members present constituting a
quorum of majority of all the members, shall have the following powers and functions


in addition to those provided under Republic Act No. 7586 or the NIPAS Act of 1992

and its implementing rules and regulations:

(a) Issue all rules and regulations to prohibit acts that may be prejudicial to the
protected area and the policy declaration herein set forth as well as established criteria
and set fees for the issuance of permits for activities regulated by this Act or the
management plan;

(b) Issue rules and regulations for the resolution of conflicts through
appropriate, sensitive and effective means;

(c) Adopt rules and procedures in the conduct of business, including the creation
of committees to which its powers may be delegated;

(a) Approve the management plan and oversce the office of the PASu;

(c) Establish criteria and set fees for the issuance of permits for activities
regulated by this Act or the management plan; (f) Recommend the deputization of
appropriate individuals for the enforcement of the laws, rules and regulations governing
the conduct or management of the MSPL;

(g) Approve fees and charges in accordance with existing policies and
guidelines and raise funds for the MSPL;

(h) Manage the allocation of the MSPL Fund, and other funds for the MSPL,
ensure their proper administration and render accounting; and

(i) Recommend appropriate policy reforms to the DENR and other government
authorities.

The DENR, through the RED, shall ensure that the PAMB acts within the scope
o f its powers and functions. In case of a conflict between administrative orders of
national application Issued by the DENR pursuant to the NIPAS Act and the
resolutions issued by the PAMB, the PAMB shall notify the DENR Secretary who shall
decide whether to apply the rule or withdraw its application in the MSPL.

SEC. 9. The Protected Area Superintendent (PASu) Office. - There is hereby
established a PASu Office within the DENR Regional Office to be in charge of the
management, protection and administration of the MSPL. The PASu shall be supported
by the existing personnel of the DENR. The head of office shall be the chief operating
officer of the MSPL and shall be directly accountable to the RED of the DENR-Region
IV-A and the PAMB.

‘The PASu shall have full responsibility for the protection of land, water,
wildlife and other natural physical and biological resources within the MSPL. As such,
the PASu shall have the following duties and responsibilities in addition to those
provided under the NIPAS Act and its implementing rules and regulations:

(a) Establish, operate and maintain a database management system as a decision
support tool;

(b) Prepare the management and development plans as herein defined;

(c) Provide a secretariat for the PAMB and supply the PAMB with all the
necessary information to make appropriate decisions for the implementation of this Act;

(@) Enforce the laws, rules and regulations relevant to the MSPL, institute and
file legal action independently or in collaboration with other government agencies or
organizations and assist in the prosecution of offenses committed in violation of this
Act;

(©) Monitor all activities within the MSPL to ensure its conformity with the
management plan;

() Recommend the issuance of permits based on terms, conditions and criteria
established by the P AMB;

(g) Ensure the integration of the MSPL management policies, regulations,
programs and projects at all the concemed national and local government unit levels;
and

(h) Perform such other functions as the PAMB may delegate.


The PASu shall be supported by a sufficient number of personnel who shall be
performing day-to-day management, protection and administration of the MSPL. Upon
the recommendation of the PAMB, the DENR-RED shall deputize local community
leaders and environment and natural resources officers.

SEC. 10. Tenured Migrants. Tenured migrants are those who have actually
occupied the forestlands within the protected area since June 30, 1987 and are
substantially dependent on such areas for their livelihood. For purposes of official
documentation of rights and extent of occupation within the protected area, tenured
migrants shall be issued a tenurial instrument over such areas as have been occupied or
cultivated since June 30, 1987.

Should areas occupied by tenured migrants be designated as zones in which no
occupation or other activities are allowed pursuant to the attainment of sustainable
development, provision for the transfer of said tenured migrants to multiple-use zones
or buffer zones shall be accomplished through just and humane means, In the event of
termination of a tenurial instrument for cause or by voluntary surrender of rights, the
PASu shall 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.

Within three (3) months from the passage of this Act, the PASu shall submit to
the PAMB the complete list of tenured migrants which list shall be final upon approval
of the PAMB.

SEC. 11. Prohibited Acts and Penalties. - The following shall be the
prohibitions and penalties applicable to the MSPL, in addition to the prohibited acts as
provided in the NIPAS Act and its implementing rules and regulations:

(a) The penalties in Article 309 or 310 of the Revised Penal Code depending on
the resources taken, damaged or destroyed shall be imposed upon any person who:

(1) Hunts, destroys, disturbs or removes from the MSPL any wild plants or
animal products derived therefrom without a permit from the PAMB;

(2) Conducts mineral explorations or extraction within the protected landscape
as defined herein;

(3) Conducts quarry operation for aggregates, sand and other quarry materials
without a permit from the PAMB or without other permits required under existing laws;
(4) Engages in fishing with the use of explosives, noxious substances, electricity or
drift nets with mesh below three (3) centimeters between the knots when stretched;

(5) Cuts, removes, gathers, takes timber or forest products from the forestlands
without authorization,

(6) Pollutes the bodies, air and land areas in any way of the protected areas; and

(7) Establishes infrastructure and other man-made projects without
authorization and clearances from the PAMB and other government agencies involved
in the granting of clearances.

Valuation of any damage wrought by any of these illegal acts shall take into
account biodiversity and conservation considerations as well as aesthetic and scenic
value.

(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) and/or imprisonment of not less than
one (1) year or more than five (5) years and the restoration and rehabilitation of the
damage shall be imposed upon any person who:

(1) Alters topography through digging, blasting, earth-filling activities or stone-
walling without a permit from all proper authorities as required under existing laws,
rules and regulations and from the PAMB;

(2) Damages roads, trails or leaves them in a damaged condition or mutilates,
defaces, destroys or vandalizes any object of natural or scenic value within the
protected landscape;


(3) Constructs or maintains any kind of structure without a permit from the
PAME or without other requisite permits under existing laws such as, but not limited
to, municipal permits, public works requirements and Environmental Compliance
Certificate (ECC); and (4) Alters, removes, destroys or defaces boundary works, buoys
or signs in the protected landscape put up by the PAMB;

(c) A fine of not less than Five thousand pesos (P5,000.00) but not more than
One hundred thousand pesos (P100,000.00) and/or imprisonment from one (1) year to
three (3) years shall be imposed upon any person who:

(1) Occupies lands classified as Strict Protected Zone as herein defined without
a legal instrument for such occupation;

(2) Violates any rules and regulations in the management plan of the PAMB or
agreements reached before the PAMB in its exercise of adjudicative functions;

(3) Dumps any waste materials on land or any bodies of water e.g. river, other
than in areas identified as dumping sites by the concemed local governments, or leaves
exposed or in unsanitary condition on land or any bodies of water e.g. river, human
waste or refuse;

(4) Kills or injures any protected species or fails to release it when accidentally
caught or found beached;

(5) Knowingly brings/introduces into the protected landscape any exotic species
or substances, which may pose a hazard to public health, protected species habitat or
population or scenery;

(6) Brings out of the protected landscape live species without certification of
toxic and hazardous substances testing: and

(7) Possesses instrument/equipment without clearance from the PAMB, shall
specify for the legal uses for which it can be applied.

(@) A fine of not less than Five thousand pesos (P5,000.00) but not more than
Five hundred thousand pesos (P500,000.00) and/or imprisonment of not less than one
(1) year but not more than five (5) years shall be imposed upon:

(1) Any person who shall induce another or conspire to commit any of the
above acts or suffer their workers to commit any of the above acts shall be liable in the
manner as the one actually performing the act; and

(2) Any public officer, or officer of law, who, in dereliction of his duties shall
maliciously disregard instituting persecution procedures for the punishment of violators
of the law, or shall tolerate commission of the offense, or shall also carry the penalty of
perpetual disqualification from public office.

SEC. 12 Special Prosecutor and Retained Counsel. - Within thirty (30) days
from the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special
prosecutor to whom cases of violation of laws, rules and regulations in the MSPL 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
arrest and criminal procedures.

The PAMB may retain the services of counsel to prosecute and/or assist in the
prosecution of cases under the direct control and supervision of the regular or special
prosecutor and to defend the members of the PAMB, the PASu and the staff, or any
person assisting in the protection, conservation and sustainable development o f the
MSPL, against any legal action related to their powers, functions and responsibilities as
provided in this Act or as delegated or tasked by the P AMB.

SEC. 13. Local Government Umts (LGUs). - The LGUs within the MSPL shall
participate in its management through its representation in the PAMB as provided
under Section 7 hereof. Said LGUs may appropriate portions of their share from the
annual internal revenue allotment and other income for use of the MSPL: Provided,
That all funds directly coming from the LGUs shall be exempted from the twenty-five
percent (25%) remittance requirement for the central Integrated Protected Areas Fund
(PAF).


SEC. 14. MSPL Fund. - There is hereby established a revolving fund to be
known as the MSPL Fund for purposes of financing projects in the MSPL.

Income shall be derived from fees from visitors/tourists, fees from permitted
sale and export of flora and fauna and other resources from the MSPL, proceeds from
the registration and lease of multiple-use areas, including tourism concessions, fees,
proceeds and contributions from industries and facilities directly benefiting the MSPL,
and such other fees and income derived from the operation of the MSPL: Provided,
That the seventy-five percent (75%) of such income shall be set aside and retained by
the PAMB which shall appropriate the same exclusively for the management and
operation of the MSPL: Provided, further, That the remaining twenty-five percent
(25%) shall be remitted to the central IPAF.

‘The MSPL Fund may be augmented by grants, donations, endowment from
various sources, domestic or foreign, for purposes related to their functions: Provided,
That 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 and rentals of
the LGUs facilities: Provided, That the LGUs shall not impose property tax and issue
new tax declaration for areas covered by the MSPL. Furthermore, LGUs may charge
add-ons to fees imposed by the PAMB: Provided, further, That such add-ons shall be
based on the contribution of the LGUs in the maintenance and protection of the MSPL.

SEC. 15. Existing Facilities within the Protected Landscape. - Within one
hundred twenty (120) days from the effectivity of this Act, existing facilities such as
roads, buildings, water systems and other facilities existing within the boundaries of the
protected landscape shall submit project description to the PAMB through the PASu.

Based on its submission, the PAMB, with the help of the DENR, shall
determine whether or not the existence of such facility and its future plan and operation
will be detrimental to the protected landscape or whether or not conditions for its
operations shall be imposed. If any of such conditions are violated, the facility shall be
liable to pay a fine of Five thousand pesos (P5,000.00) for every day of violation. Upon
reaching a total fine of Five hundred thousand pesos (500,000.00), the PAMB,
through the PASu and deputizing other government entities, shall cause the cessation
and demolition o f the facility at the cost of its owners.

Existing facilities allowed to remain within the protected area may be charged a
reasonable royalty by the DENR. All incomes from such royalty shall accrue to the
IPAF

SEC. 16. Utilization of Energy and Nonrenewable Resources. - Any
exploitation and utilization of energy resources found within the NIPAS areas should be
allowed only through a law passed by Congress. Furthermore, protected areas except
Strict Nature Reserve and Natural Parks may be subjected to exploration, only for the
purpose of gathering information on energy resources: Provided, That such activity is
carried out with the least damage to surrounding areas. The energy survey shall be
conducted only in accordance with a program by the DENR. In no case shall an
exemption from the EIA system made for energy and nonrenewable resources
exploitation projects within the protected area.

SEC. 17. Reporting Responsibility. - The PASu, through the PAMB, shall
submit an annual accomplishment report to the Secretary of the DENR on the activities
undertaken in the MSPL.


SEC. 18. 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 theannual General Appropriations Act.

SEC. 19. Construction and Suppletory Application of Existing Laws. - The
provisions of this Act shall be construed liberally in favor of the protection and
rehabilitation of the MSPL and the conservation and restoration of its biological
diversity, taking into account the needs and interests of qualified tenured migrants, for
present and future Filipino generations.

The NIPAS Act shall have suppletory effect in the implementation of this Act.

SEC. 20. Transitory Provision. - In order to ensure the recovery and restoration
of biological diversity 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 and
utilization of resources within the MSPL until the management plan shall have been put
into effect.

All existing land use and resource-use permits within the MSPL shall be
reviewed and shall not be renewed upon their expiration unless consistent with the
management plan and approved by the PAMB.

SEC. 21. Repealing Clause. -For the purpose of the scope of this Act, the
provisions of the NIPAS Act are hereby modified in accordance with the provisions
herein. All other laws, rules and regulations inconsistent with this Act are hereby
repealed or modified accordingly. Within the scope of the protected landscape as herein
specified, the penalties under the NIPAS Act are hereby superseded.

SEC. 22. Separability Clause. - If any part or section of this Act is declared by
the courts as unconstitutional, such declaration shall not affect the other parts or
sections hereof.

SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in a national newspaper of general
circulation available in the MSPL.

Approved,