Republic of the Philippines
HOUSE OF REPRESENTATIVES OS WU 2013
Quezon City, Metro Manila (RP

SIXTEENTH CONGRESS,
First Regular Session

HOUSE BILLNo.__ 1011

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO

EXPLANATORY NOTE

The sinarapan (Mistichthys luzonensis), an endemic fish species
considered to be the smallest commercial fish in the world which are found in
Lake Buhi and in the waters surrounding Mt. Asog in the City of Iriga, Camarines
Sur are facing possible extinction if no concrete action will be done by the
government for its preservation and conservation.

Being a much sought-after delicacy in my District and even in nearby
municipalities in Albay, the sinarapan started to dwindle since the early 1990's
with the advent of motorized commercial fishing. For this reason, the municipal
government of Buhi, Province of Camarines Sur from which a large number of
this exotic fish can be found passed a Municipal Ordinance in 2006 banning the
capture of the sinarapan and established a sanctuary in Lakes Manapao and
Katugday, where this fish specie was raised for restocking into Lake Buhi.

This bill seeks to place Lakes Manapao, Makuao an Katugday in the
Municipality of Buhi, Camarines Sur and Lake Danao in Malinao, Albay as
protected areas under the category of wildlife sanctuary complete with
institutional and enforcement mechanisms.

It is the paramount objective of this important legislative measure to make
this local initiative a national policy in order to ensure its preservation and
conservation as this will already involve agencies of the national government.

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

REP. SALVO B. FORTUNO
Fifth Distrigt, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1011

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO

AN ACT
ESTABLISHING A SINARAPAN SANCTUARY IN THE PROVINCES OF
CAMARINES SUR AND ALBAY AS A PROTECTED AREA UNDER THE CATEGORY
OF WILDLIFE SANCTUARY, 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 “Sinarapan
Sanctuary (SS) Act of 2013”.

SEC. 2. Declaration of Policy. - Considering the diversity of the unique
biological resources of the Provinces of Camarines Sur and Albay and its
aesthetic, educational, socio-cultural, economic and ecological importance, it is.
hereby declared a policy of the State to ensure its protection and conservation,
including the local communities therein and their cultural and way of life insofar
as they are in harmony with nature.

In so doing, the State shall ensure the full implementation of this Act, the
mobilization of resources for the institutional mechanisms herein established,
and the full scientific and technical support needed for the conservation of
biodiversity and the integrity of the ecosystems, culture and religious practices,

All lands comprising the Sinarapan Sanctuary (SS) shall fall under the
classification of National Park as provided for in the Constitution.

SEC. 3. Scope and Coverage. - The boundaries of the SS, which falls
under the category of Wildlife Sanctuary as defined herein, in the Provinces of
Camarines Sur and Albay, are as follows:

A. Lake Manapao
Beginning at corner “2”, a point located S$75°05’E, which is 712.296

meters from GPS Control Point BUHI No. 2, to control 1 with longitude
123°28'19.10” and latitude 13°24’58.34”,


Corner Bearing Distance (M)

2 N 76°55°00"W 28.32
3 N 08°10"W 61.33
4 N 47°51°00"E 58.47
5 N 63°18’00"E 49.06
6 N 35°30’00"E 44.95
7 S 74°48'00"E 55.05
8 S$ 60°47'°00"E 46.43
9 S$ 49°38’00"E 75.55
10 S$ 10°19°00"E 23.01
11 S$ 34°15'00"W 51.04
1 $ 86°02’00"W 204.06

the point of beginning containing an area of two and 71/100 (2.71) hectares.
B. Lake Makuao
Beginning at corner “3”, a point located N 75°08"W, about 138.333 meters

from GPS Control Point BUHI No. 3 to corner 1 with longitude 123°29'1.51” and
latitude 13°25'19.16”,

Corner Bearing Distance (M)
2 N 83°51'00"W 35.73
3 N 70°28'00"W 59.04
4 N 05°03’00"E 63.32
5 N 54°31’00"E 61.48
6 S 66°34’00"E 46.29
C4 S$ 18°27°00"E 56.83
i S 26°32’00"W 55.81

the point of beginning containing an area of one and 03/100 (1.03) hectares.


C. Lake Katugday

Beginning at corner “5” a point located $16°15”’W, which is about 533.870
meters from GPS Control Point BUHI No.5, to corner 1 and with longitude
123°29'25.02” and latitude 13°25’35.42”,

Corner Bearing Distance (M)
z S 45°52’00"E 49.23
3 $ 20°11'00"W 49.10
4 $ 26°28'00"W 83.42
5 S 26°58'00"W 42.95
6 S 28°44’00"W 157.39
7 $ 27°10'00"W 50.10
8 N 66°11'00"W 19.74
9 N 02°04'00"E 105.61
4 N 24°03'00"E 287.37

the point of beginning containing an area of two and 43/100 (2.43) hectares.
D. Lake Danao
Beginning at corner “20” a point located $32°12”E, about 906.042 meters

from MBM No. 20 Cad - 249 Malinao,Albay, to corner 1 and with longitude
123°29'15.73” and latitude 13°26’3.63”,

Corner Bearing Distance (M)
2 S 72°42°00"E 95.79
3 $ 72°47°00"E 49.70
4 S 49°04'00"E 73.09
5 S 15°26'00"E 72.93
6 $ 04°19°00°W 58.24

ig $ 15°21°00"W 140.89


8 $ 57°05°00"W 36.86

9 N 85°27'00"W 33.81
10 NN 54°18'00"W 27.82
11 N23°22’00"W 89.26
12 N 62°02’00"W. 29.34
13 S 48°19'00"W 30.56
14 N 88°25’00"W 134.70
15 N 69°39'00"~W 22.54
16 N 20°34’00"W 67.44
17 N01°17'00"W 121.16
18 N 45°16'00"E 75.59
19 N 70°43'00"E 59.76
20 N 82°56’00"E 39.21
s N 76°28'00"E 33.72

the point beginning containing an area of eight and 32/100 (8.32) 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 therefore. Any
modification of the coverage of this Act due to such factors as changing
ecological situations, new scientific or archaeological findings, 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 agencies.

SEC. 4. Definition of Terms. - For purposes of this Act, the following terms
are defined as follows:

(a) “Biodiversity’ refers to the variety and variability among living
organisms and the ecological complexes in which said organisms
occur.


(b) “Biological resources” include genetic resources, organisms or parts
thereof, population, or other biotic component of ecosystems with
actual or potential use or value for humanity.

(c) “Bioprospecting” refers the research, collection and utilization of
biological and genetic resources for purposes of applying the
knowledge derived therefrom solely for commercial purposes.

(d) “Collection” or “Collecting” refers to the act gathering or harvesting
wildlife, its by-products or derivatives.

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

(f) “Consultation” refers to the meeting or dialogue with concerned or
affected individual and groups within and outside the SS designated to
identify and resolve issues and problems affecting them in relation to
the protection, conservation and sustainable development of the SS.

(g) “Ecosystem” refers to the dynamic complex of plant, animal and micro-
organism communities and their non-living environment interacting as
a functional unit.

(h) “Endangered Species” refers to the species or subspecies that is not
critically endangered but whose survival in the wild is unlikely if the
causal factors continue operating

(i) “Endemic Species” refer to the species or subspecies of flora and
fauna which are naturally occurring and found only within specific
areas in the country.

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

(k) “Exploitation” refers to any mode of use, extraction, development,
utilization or disposition of resources, for whatever purpose, whether
commercial or otherwise.

(l) “Exploration” refers to the searching or prospecting for mineral
resources, as defined by law, by geological, geo-chemical or
geophysical surveys, remote sensing, rest pitting, trenching, drilling,
shaft sinking, tunnelling or any other means for the purpose of
determining the existence, extent, quantity and quality thereof and the
feasibility of mining them for profit.

(m) “Habitat” refers to the place or type of environment where species
or subspecies naturally occurs or has naturally established its
population.


(n) “Hunting” refers to the collection of wild fauna for food and/or
recreational purposes with the use of weapons such as guns, bow and
arrow, spear and the like.

(0) “Management Plan” refers to the fundamental plan, strategy and/or
scheme which shall guide all activities relating to the SS in order to
attain the objectives of the this Act

(p) “Mineral” refers to all naturally occurring inorganic substance in solid
gas, liquid or any intermediate state including energy materials such
as coal, petroleum, natural gas, radioactive materials and geothermal
energy.

(q)""Multiple-Use Zone" refers to the area where settlement, traditional
and/or sustainable land use, including agriculture, agro-forestry,
extraction activities and other income generating or livelihood
activities, may be allowed to the extent prescribed in the management
plan.

(r) "National Integrated Protected Areas System (NIPAS)" refers 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.

(s) "NIPAS Act" refers to the National Integrated Protected Areas System
(NIPAS) Act of 1992 or Republic Act No. 7586, and its implementing
rules and regulations.

(t) "National Park" refers to the land of the public domain classified as
such in the 1987 Constitution which include all areas under the
National Integrated Protected Areas System (NIPAS) pursuant to
Republic Act No. 7586 primarily designated for the conservation of
native plants and animals, their associated habitats and cultural
diversity.

(u) "Non-government Organization (NGO)" refers to the 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.

(v) "People's Organization (PO)" refers to the 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 concerns and
needs, and mutually share the benefits of the endeavor.


(w) "Protected Area" refers to the identified portions of land andlor
water set aside by reasons of their unique physical and biological
significance, managed to enhance biological diversity and protected
against destructive human exploitation.

(x) "Protected Area Management Board (PAMB)" refers to the multi-
sectoral policy-making body created in accordance with the NIPAS Act
of 1992.

(y) “Protected Area Superintendent (PASu)" refers to the chief operating
DENR officer of the protected area.

(2) "Quarrying" refers to the process of extracting, removing and
disposing quarry resources found on or underneath the surface of
private or public land.

(aa) "SS Fund" refers to the special trust fund to be established for the
purpose of financing projects in the SS.

(bb) “Strict protection zone" refers to the natural area with high
biodiversity value which shall be closed to all human activity except for
scientific studies and/or ceremonial or religious use by the indigenous
cultural communities/indigenous peoples; may include habitats of
threatened species, or degraded areas that have been designated for
restoration and subsequent protection, even if these areas are still in
various stages of regeneration.

(cc) "Tenured migrant" refers 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. An SS 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.

(dd) "Wildlife" refers to the wild forms and varieties of flora and fauna, in
all developmental stages, including those which are in captivity or are
being bred or propagated.

(ee) "Wildlife Sanctuary" refers to an area which assures the natural
conditions necessary to protect nationally significant species, groups
of species, biotic communities or physical features of the environment
where these may require specific human manipulation for their
perpetuation.

SEC. 5. Management Plan. - There shall be a Management Plan
promulgated for the SS 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;

(f) 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 preparation of the Management Plan shall be facilitated by the Office
of the Protected Area Superintendent (PASu) in collaboration with the
appropriate offices of the department, local communities, indigenous cultural
communities/indigenous peoples (ICCs/IPs), NGOs, experts and other
stakeholders within the SS. The Management Plan shall be approved by the
majority of the PAMB and endorsed to the Secretary through Protected Areas
and Wildlife Bureau (PAWB). The Management Plan is deemed accepted unless
formal written disapproval from the Secretary is received by the PAMB on the
ground of inconsistency with existing laws and related rules and regulations.

SEC. 6. Management of the SS. - There is hereby created a PAMB which
shall have jurisdiction, power and authority over the SS for all matters that may
affect biodiversity conservation, protection and sustainable development. The
composition of which shall be in accordance with the pertinent provision ofthe
NIPAS Act of 1992: Provided, That at least twenty percent (20%) of the PAMB
members shall be comprised of women pursuant to Republic Act No. 9710 or the
Magna Carta of Women and its implementing rules and regulations.

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 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. 7. Powers and Functions of the PAMB. - The PAMB of the SS, 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 the NIPAS Act of 1992 and its
implementing rules and regulations:

(a) Issue implementing rules and regulations consistent with the
provisions of this Act if the same is warranted for its effective
implementation.

(b) Adopt rules of procedures in the conduct of its business with the
power to create committees for purposes of technical, manpower and
other related assistance;

(c) Approve the management plan and oversee the office of the PASu;

(d) Establish reasonable criteria consistent with the provisions of this Act
and accordingly set and impose processing and research fees and other
charges for the issuance of permits, certifications and other papers for
activities regulated by this Act or the management plan, whose proceeds
shall form part of the SS;

(e) Recommend to the DENR for approval the deputization of persons or
group of persons pursuant to the NIPAS Act and its implementing rules
and regulations for the effective enforcement of the provisions of this Act
and other laws, rules and regulations governing the conduct or
management of the SS;

(f) Manage the SS Fund, and other funds for the SS, ensure their proper
administration and render accounting, all subject to existing government
auditing rules and regulations; and

(g) Recommend appropriate policy changes to the DENR and other
government authorities.

The DENR, through the RED, shall ensure that the PAMB acts within the
scope of its powers and functions. In case of 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 SS.

SEC. 8. The Protected Area Superintendent (PASu) Office. - There is
hereby established a PASu Office within the protected area to be in charge of
the management, protection and administration of the SS. The PASu shall be
supported by the existing personnel of the DENR. The head of office shall be the
chief operating officer of the SS and shall be directly accountable to the PAMB.


The PASu shall have full responsibility for the protection of land, water,
wildlife and other natural physical and biological resources within the SS. 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
decision support tool;

(b) Prepare the management 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;

(d) Enforce the laws, rules and regulations relevant to the SS, 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;

(e) Monitor all activities within the SS to ensure its conformity with the
management plan;

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

(g) Ensure the integration of the SS management policies, regulations,
programs and projects at all the concerned national and local government units
level; and

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

The PASu shall be supported by a sufficient number of personne! who
shall be performing day to day management, protection and administration of
the SS. Upon the recommendation of the PAMB, the DENR Regional Executive
Director shall deputize local community leaders and environment and natural
resources officers.

SEC. 9. Integrated Protected Area Fund of the SS. - The Integrated
Protected Area Fund (IPAF) shall be established as a special trust fund and shall
be disbursed solely for the protection, maintenance, administration and
management of SS and the System. At least seventy-five percent (75%) of the
funds collected shall form part of SS Sub-fund which shall be solely disbursed
for its use. The SS Sub-fund shall likewise be exempted from being deposited in
the National treasury and shall be made readily available for disbursement upon
proper approval of the PAMB and the DENR, subject to the usual accounting and
auditing rules and regulations.


The SS 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 LGUs facilities: Provided, That the LGUs shall not impose
property tax and issue new tax declaration for areas covered by the 58.
Furthermore, LGUs may charge add-ons to fees imposed by the PAMB:
Provided, That such add-ons shall be based on the contribution of the LGUs in
the maintenance and protection of the SS.

SEC. 10. Tenured Migrants and Other SS Stakeholders. - Tenured
migrants shall be eligible to become stewards of portions of lands within
allowable zones. The PAMB shall identify, verify and review all tenurial
instruments, land claims, and issuances of permits for resource use within the
SS and recommend the issuance of the appropriate tenure instrument
consistent with the zoning provided in the Management Plan.

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 PA5Su 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. Existing Facilities Within the SS. - Within sixty (60) days from the
effectivity of this Act, existing facilities such as roads, buildings, water systems,
transmission lines, communication facilities, heavy equipment, and irrigation
facilities existing within the boundaries of the SS shall submit project
descriptions to the PAMB through the PASu.

The PAMB, with the assistance of the DENR, shall determine whether the
existence of such facility and its future plans and operations will be detrimental
to the SS or whether conditions for its operation shall be imposed. If any such
conditions are violated, the owner of the facility shall be liable to pay a fine of


Five thousand pesos (P5,000.00) for every violation. Upon reaching a total fine of
Five hundred thousand pesos (P500,000.00), the PAMB through the PASu and
deputizing other government entities, shall cause the cessation and demolition
of the facility at the cost of its owner.

Existing facilities allowed to remain within the SS may be charged a
reasonable royalty by the PAMB. All income from such royalty shall accrue to
the SS Fund.

SEC. 12, Renewable and Nonrenewable Resources. - Any exploration and
exploitation or utilization of nonrenewable resources including mining within the
SS shall not be allowed. Renewable energy projects within the SS shall be
permitted only through an act of Congress except energy from wind, sun and
water sources and not more than three (3) megawatt capacity for mini-hydro
power: Provided, That these renewable energy projects are outside the strict
protection zone, adopt reduced impact technologies, and undergo the
Environmental Impact Assessment (EIA) System as provided by law: Provided,
further, That the PAMB has endorsed the project.

SEC. 13. Local Government Units. - The local government units (LGUs)
within the SS shall participate in its management through representation in the
PAMB as provided under Section 6 hereof. Said LGUs may appropriate portions
of their share from the annual internal revenue allotment and other income for
use of the SS: 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 (IPAF).

SEC. 14. Prohibited Acts and Penalties. - The following shall be the
prohibitions and penalties applicable to the SS, in addition to the prohibited acts
as provided in the NIPAS Act and its implementing rules and regulations:

(a) The penalties and qualifications prescribed in Articles 309 (Penalties)
and 310 (Qualified Theft) of the Revised Penal Code, depending on the value of
the resources involved in connection with the prohibited act or a fine of at least
triple the value of the said resources, or both, shall be imposed upon any person
who:

[1] Takes, destroys, collects, disturbs or possesses any wild
terrestrial or aquatic plants or animals, flora or fauna, sand, rocks, or by-
products derived therefrom, within particularly identified regulated or
prohibited areas or zones in the SS including private lands without the
necessary permit, authorization or exemption: Provided, That hunting of
animals shall be absolutely prohibited except for scientific research;

[2] Cuts, gathers, removes or collect timber or any forest products,
within particularly identified regulated or prohibited areas or zones in the
$$ including private lands without the necessary permit, authorization or
exemption;


[3] Possesses or transports, within or outside the SS any timber,
forest products, wild terrestrial or aquatic plants, animals,.or by-products
derived therefrom which is ascertained to have been taken from the SS;

[4] Undertakes mineral exploration or extraction within the SS;

[5] Engages in quarrying of sand, gravel, guano, limestone or any
material within the SS;

[6] Hunts, collects, removes or destroys any endangered or
protected species, except when collection or removal is for scientific
research and exempted from the prohibition by the PAMB;

[7] Conducts bioprospecting within the SS without prior PAMB
approval in accordance with existing guidelines;

[8] Engages in kaingin or, in any manner, causing forest fires inside
the SS; or

[9] Establishes or introduces any exotic species, within the SS,
which are detrimental to endemic species and the ecosystem therein.

(b) 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 from one (1)
year but not more than six (6) years, or both, shall be imposed upon any person
who:
[1] Violates any rules and regulations in the management plan or by
the PAMB or agreements reached before the PAMB in the exercise of
adjudicative functions;

[2] Erects any structure on land or on water for any purposes
outside the management plan, duly allowed by the PAMB: Provided, That
large-scale private infrastructure and other projects such as medium to
high density residential subdivisions, medium to large commercial and
industrial establishments, golf courses, heavily mechanized commercial
and nontraditional farming, and other activities that cause increased in-
migration and resource degradation are absolutely prohibited;

[3] Possesses a chainsaw, hacksaw and other mechanized
equipment within the SS without a permit;

[4] Throws, dumps or causes to be dumped into the SS any non-
biodegradable material or waste whether liquid, solid or gas;

[5] Uses, dumps, places or causes to be placed into the SS toxic
chemicals and non-biodegradable products, including pesticides and
other hazardous substances, soaps and shampoos, and washing
detergents, unless the same is expressly allowed in the management plan;


[6] Prospects, hunts or otherwise locates hidden treasures within
the SS;

[7] Informally occupies or dwells in any land Within the SS without
clearance from the PAMB;

[8] Possesses or uses blasting caps or explosives anywhere within
the SS;

[9] Destroys, excavates, vandalizes or, in any manner, damages
any natural formation on land, religious, spiritual, historical sites, artifacts
and other objects of natural or scenic value;

[10] Alters, removes or destroys boundary marks or signs;

[11] Purchases or sells, mortgages or leases lands or other
portions of the SS which are covered by any tenurial instrument.

Valuation of the damage for this Act shall take into account biodiversity
and conservation considerations as well as aesthetic and scenic value.
Valuation assessed by the DENR or the concerned government agency shall be
presumed correct unless otherwise proven by preponderant evidence.

Any person who shall induce another or conspire to commit any of the
illegal acts prohibited in this Act or suffer their workers to commit any of the
same Shall be liable in the same manner as the one actually performing the act.

All conveyances, vessels, equipments, paraphernalia, implements, gears,
tools and similar devices shall be subject to immediate and administrative
confiscation, independent of the judicial proceedings by the PASu Office upon
apprehension, subject however to due process and substantial evidence
requirements. When legal action is however, filed in the regular courts, the said
conveyances, vessels, equipments, paraphernalia, implements, gears, tools and
similar devices, independent of the administrative proceedings, shall not be
released until after judgment has been rendered. Proceeds of the sale of all
objects administratively or judicially confiscated pursuant hereto shall accrue to
the SS Fund. Procedure for the sale thereof shall be promulgated by the PAMB.
However, in no case shall any confiscated or rescued protected animal species
be sold or in any manner disposed of but shall be immediately turned over to the
PASu Office for release in its natural habitat, subject to existing regulations.

The penalties specified in this section will be in addition to the penalties
contained in Republic Act No. 9072 (National Caves and Cave Resources
Management and Protection Act), Republic Act No. 9147 (Wildlife Resources
Conservation and Protection Act), and other related laws.

Conviction for any offense under this Act of a public officer or officer of
the law shall carry the accessory penalty of perpetual disqualification from
public office.


SEC. 15. 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 SS.

SEC. 16. Appropriations. - The Secretary of the DENR shall immediately
include in the DENR's program the implementation of this Act, the funding of
which shall be included in the annual General Appropriations Act.

SEC. 17. 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 SS 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. 18. 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 55 until
the Management Plan shall have been put into effect.

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

SEC. 19. Repealing Clause - For the purpose 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. The prohibitions and penalties under the NIPAS Act are
hereby superseded for the entire area covered by this Act.

SEC. 20. 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. 21. Effectivity Clause. - This Act shall take effect fifteen days after its

complete publication in the Official Gazette or in a national newspaper of
general circulation available in the SS.

Approved,