~ HOUSE YF REPRESENTATIVES

RECEIVED
- 24 AUG 2016
SEVENTEENTH CONGRESS OF THE) TIME: °H
REPUBLIC OF THE PHILIPPINES. ) BY!
First Regular Session ) .

REGISTRATION UNIT
HOUSE OF REPRESENTATIVEB.s ano index SERVICE
H.No, 3247

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT DECLARING TWO PARCELS OF FORESTLAND LOCATED IN SICOGON
ISLAND, MUNICIPALITY OF CARLES, PROVINCE OF ILOILO AS A PROTECTED
AREA UNDER THE CATEGORY OF WILDLIFE SANCTUARY, PROVIDING FOR
ITS MANAGEMENT AND FOR OTHER PURPOSES

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

Western Visayas region which includes Panay and Negros Islands is
recognized as “one of the world’s highest conservation priority areas, both in terms of
number of endemic species and degrees of threat” according to the study made by the
Philippine Biodiversity Conservation Foundation, Inc. Based on the said study, more
than half of the critically endangered species listed in the Philippines can be found in
Western Visayas and that it is undoubtedly the most threatened of the six main faunal
regions of the Philippines, since it has the least remaining forest cover and the highest
numbers of severely threatened endemic species and subspecies.

Sicogon Island is one of the smaller island in the northeastern tip of the
Province of lloilo. It has an estimated area of 1,160 hectares and politically located in
the Municipality of Carles. The island has three barangays, namely, Alipata, Buaya,
and San Fernando with an estimated population of 5,238.

Sicogon Island is characterized by a moderately rolling terrain with the highest
elevation of about 300 meters above sea level. The vegetation on the western part of
the island is composed of mixed grassland and agricultural areas, while the eastern
part is forested and mostly classified as timberlands.' Situated in the island are two
parcels of timberland areas covering 249.289 hectares in the eastern part and 33.578
hectares in the southern part with a total of 282.867 hectares.

‘ Alcala, E.L., Aversa, L.T., Bicol, AA. and Cordova, L. 2010. The Vertebrate Biodiversity of the
Gigantes and Sicogon Islands, lloilo, Province, Philippines. Silliman Journal. 512(2). Retrieved June
2015 from http://v3.su.edu.ph/resources/silimanjourbnalfissues/vol5 1n02/SJ512.pdf.


The island has twelve fresh water springs which are the source of drinking and
day to day use of residents in the island.

In 2006, preliminary baseline data on the island's biodiversity has been
conducted by Flora and fauna International (FFI)?. The results of the study shows the
following results:

Flora Species. 318 species recorded

252 are tree species (32 species are endemic to Panay)
14 shrubs

9 herbs

7 vines

12 ferns

Common families are © Moraceae, Rubiaceae,
Anacardiaceae, Euphorbiaceae, Meliaceae, Fabaceae
and Clusiaceae

Herpetofauna 7 families
21 species, 9 are endemic species
6 species of frogs

4 species of skinks

1 species of varanid

3 species of snakes

A forest frog, Platymantis sp., and a dwarf gecko,
Hemiphyllodactylus sp., are possibly new species

Birds. 62 species recorded

12 endemic species including:
Philippine Hawk Owl (Ninoxphilippensis)
Bicolored Flowerpecker (Dicaeum bicolor)
Philippine Tailorbird (Orthotomuscastaneiceps)
Balicassiao (Dicrurusbalicassius)

Mammals 14 species recorded

2 species of flying foxes
Common Island Flying Fox (Pteropus hypomelanus)
Little Golden-mantled Flying fox (Pteropus pumilus)

Other species:
Critically endangered-Visayan Warty Pig (Sus cebifrons)

Visayan Leopard cat (Prionailurus — bengalensis
ssp.rabori) _

? Flora Fauna Intemational. 2006, An Assessment of Native Flora and Fauna of Sokaogon Island,
Panay, Philippines: A Consolidated Report



The interesting biodiversity of Sicogon Islands calls a need to declare the
282.867 hectares remaining forestland of the island as protected area and made it a
candidate for the West Visayan Threatened Endemic Species Reintroduction
Programme which addresses the alarming conservation status of the Negros-Panay
endemic species.3

Pursuant to the National Integrated Protected Areas System (NIPAS) Act, this
bill aims to declare a tract of land of the public domain situated within Sicogon Island,
Carles, lloilo, as a protected area under the category of a wildlife sanctuary. This will
ensure the protection, conservation, and management of the natural biodiversity of
Sicogon Island.

In view of the foregoing, the immediate approval of this measure is earnestly

sought.

RAUL C. TUPAS

3 PBCFI, Mari-t Wildlife Conservation Park and Sicogon Development Corporation.June 2009.
Sicogon Istand Reintroduction Project: West Visayan Threatened Endemic Species Reintroduction
Programme.


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

HOUSE OF REPRESENTATIVES
H.No. 324'7

Introduced by Representative Raul C. Tupas

AN ACT DECLARING TWO PARCELS OF FORESTLAND LOCATED IN SICOGON
ISLAND, MUNICIPALITY OF CARLES, PROVINCE OF ILOILO 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:

ARTICLE|

SECTION 1. Short Title. - This Act shall be known as the “Sicogon Island Wildlife
Sanctuary (SIWS) Act’.

SECTION 2. Declaration of Policy. ~ In recognition of the richness of the biological
resources, both flora and fauna, that are native and distinct to the two forestland areas
situated in Sicogon Island, as well as their aesthetic and ecological importance, it is
hereby declared the policy of the State to ensure the conservation, protection,
management and rehabilitation of these areas.

The conservation and protection of biological and physical diversities to sustain
human, plant and animal life shall be pursued through sustainable and participatory
management among the national government, through the Department of
Environment and Natural Resources (DENR), local government unit (LGU) through
the Provincial Government of lloilo and Municipality of Carles, the non-governmental
organizations (NGOs), people's organizations (POs), and local stakeholders.

SECTION 3. Declaration as Protected Area. - Pursuant to and in accordance with
Republic Act No. 7586 or the National Integrated Protected Areas System Act of 1992
(NIPAS Act), two parcels of forestland of the public domain situated within Sicogon
Island, Municipality of Carles, Province of lloilo are hereby declared a protected area
under the category of a wildlife sanctuary.

SECTION 4. Scope and Coverage. - The SIWS shall cover two parcels of land
located in Sicogon Island, Municipality of Carles, Province of Iloilo. The boundaries
are more particularly described as follows:

BLOCK E


CORNER,

COIR HRONS

10
"1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

containing an approximate area of two hundred forty nine and two hundred eighty
ninth thousandth (249.289) hectares, more or less, subject to actual ground survey.

OnRenrns

CORNER

EASTING

527987.000
§28519.000
529155.000
§29523.000
529699.000
529844.611
529845.929
§29994.989
§30039.439
§30112.464
530059.547
530069.072
530032.030
529959.005
529839.413
529822.480
529774.855
529763.213
529634.000
529200.000
528959.000
528815.000
528821.529
528687.000
528620.000
528456.000
528137.000
528076.000
527858.000
527685.000
527323.000
527444.000

BLOCK F
EASTING

528737.000
528730.000
528430.000
528261.000
528242.000
528281.000

NORTHING

1266131.000
1266161.000
1265940,000
1265892.000
1265850.000
1265871.264
1265869.334
1265595.617
1265519.417
1265473.909
1265430.517
1265394.534
1265361.725
1265362.784
1265308.809
1265265.417
1265202.975
1265131.008
1265234.000
1265297.000
1265313,000
1265248.000
1264834.000
1264606.000
1264713,000
1264634,000
1264642.000
1264997.000
1265199.000
1265138.000
1265566.000
1266269.000

NORTHING

1263604.000
1263440.000
1263080.000
12631 24.000
1263480.000
1263699.000


i 528334.000 1263868.000
8 528634.000 1264033.000

containing an approximate area of thirty three and five hundred seventy eight
thousandth (33.578)hectares, more or less, subject to actual ground survey.

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

SECTION 5. Land Classification. — All lands of the public domain within the coverage
and scope of this Act shall fall under the classification of wildlife sanctuary as provided
for in the NIPAS Act.

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

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

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

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

b) Buffer zones shall refer to areas that are outside the boundaries of and
immediately adjacent to designated protected areas, pursuant to Section 6 of
this Act, that need special development control in order to avoid or minimize
encroachment and harm to the protected area;

9

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

d)

Cave shall refer to any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or
ledge and which is large enough to permit an individual to enter, whether or not
the entrance, located either on private or public land, is naturally formed or


man-made. It shall include any natural pit, sinkhole or other feature which is an
extension of the entrance. The term also includes cave resources but not any
vug, mine tunnel, aqueduct or other man-made excavation;

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

e)

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

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

9)

h)

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

i) IPAF shall refer to the Integrated Protected Areas Fund, a special account in
the National Treasury established for the purpose of promoting the sustained
financing for the operations of the NIPAS. The IPAF may receive revenues
generated within the protected area or through donor support and such other
funds provided by law;

J) LGU shall refer to any local government unit, a political body created under
Republic Act No. 7160, otherwise known as the “Local Government Code of
1991”, a body politic and corporate endowed with powers to be exercised by it
in conformity with law, and exercising powers as a political subdivision of the
national government and as a corporate entity representing the inhabitants of
the territory;

k)

NIPAS Act shall refer to Republic Act No. 7586, entitled “An Act Providing for
the Establishment and Management of National Integrated Protected Areas
System, Defining its Scope and Coverage, and for Other Purposes”, which
mandates the classification and administration of all designated protected
areas in order to maintain ecological processes and life support systems, to
preserve genetic diversity, to ensure sustainable use of resources found within
the protected areas and to maintain their natural conditions to the greatest
extent possible;

|) NGO shall refer to any non-governmental organization or any civic,
developmental, environmental or philanthropic non-stock, non-profit
organization;

m) PAMB shall refer to the Protected Area Management Board, a governing body
created for each protected area pursuant to the NIPAS Act, and tasked to
oversee all activities inside the protected area and its buffer zone;


eIuraAuneauna

ul
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7
8
29
30

PR

32
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n) PASu shall refer to the Protected Area Superintendent, the chief operating
officer of the DENR who is directly responsible to the PAMB and the concerned
DENR Regional Executive Director;

People's Organization shall refer to any group of people formed to advance the
interests of the sector they represent;

2

Protected Area shall refer to any identified portion of land and water set aside
by reason of their unique physical and biological significance, managed to
enhance biological diversity and protected against destructive human
exploitation;

Pp)

Secretary shall refer to the Secretary of the DENR;

q

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

s) Wildlife Sanctuary comprises an area which assures the natural conditions
necessary to protect endemic, indigenous or migratory species, group of
species, biotic communities or physical features of the environment where
these may require specific human manipulation for their perpetuation.

ARTICLE II
MANAGEMENT, MANAGEMENT PLAN AND ZONING

SECTION 8. Management of the Sicogon Island Wildlife Sanctuary - The
management and administration of the SIWS shall be vested in the PAMB: Provided,
That the processes and procedures in the management of zones to be established in
the area shall be consultative and participatory.

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

The respective LGUs shall ensure that local ordinances on environmental
protection and conservation and the allocation of funds for environmental programs
are consistent with this Act and the management plan.

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


39

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

The GMPS shall contain information on the following:

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

(b) Key management issues;

(c) Goals and objectives of management in support of Section 8 of this Act;

(d) Site management strategies;

(e) Zoning, in accordance with Section 6 of this Act;

(f) Management programs, to include the enforcement of laws, habitat and
wildlife management, ecotourism, sustainable-use management, infrastructure

development and maintenance, fire prevention and pest control;

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

(h) Sustainable and non-destructive livelihood activities;

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

(j) Other information as may be deemed necessary.

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

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

The establishment and management of zones shall involve the communities
concerned through dialogues, consultations and land resource-use mapping with the


aid of geographic information system and latest technologies. Such management
Zones shall be delineated and established on the ground with the participation of
communities, LGUs and other stakeholders.

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

ARTICLE Ill
INSTITUTIONAL MECHANISMS, ROLES AND FUNCTIONS OF MANAGEMENT

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

(a) The PAMB shall be the highest policy-making body of the SIWS. It shall be
composed of the following:

(1) The DENR Regional Director (RD) for Region VI, as Chairperson
and adviser on matters related to the technical aspects of protected area
management;

(2) The Governor of the Province of lloilo or his duly authorized
representative, preferably the respective provincial planning and development
officer (PPDO) or environment and natural resources officers;

(3) The Mayor of the Municipality of Carles, Province of lloilo or his duly
authorized representative;

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

(5) Two (2) representatives from the NGOs based in the Province of
Iloilo and at least two (2) POs duly accredited by the DENR and LGUs with
tangible projects within the SIWS at the time of their membership in the PAMB.
In the absence of accredited NGOs, any environmental NGO may be
appointed by the Secretary to nominate its representative as PAMB member,

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

(b) There shall be an Executive Committee (ExeCom) within the PAMB to
whom may be delegated some of its powers and functions, to be composed of the
Regional Technical Director for Protected Areas, Wildlife Zones and Coastal
Management Service as Chairperson, and at least one (1) representative each from
the Province of Iloilo, Municipality of Carles, NGO, and PO. The PAMB shall
determine the scope and extent of the authority to be delegated to the ExeCom.

(c) Except for government officials who shall serve as ex officio, each PAMB
member shall serve for a term of five (5) years without compensation: Provided, That
such government official remains connected with the office or agency being


represented. The term of office of the NGO and the PO representatives in, the PAMB
shall be coterminous with the duration and existence of the organizations’ projects in
the protected area. Whenever a seat allotted for the NGOs becomes vacant, a new
member shall be chosen in the same manner as the original selection process:
Provided, further, That the substitute shall only serve for the remaining term of the
predecessor. In the case of elective government officials, their membership in the
PAMB shall be coterminous with their respective terms of office.

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

(d)Hire and supervise the necessary personnel to support operations which
shall be included in the annual budget of the DENR;

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

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

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

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


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

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

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

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

(|) Monitor all activities within the SIWS and its buffer zones; and
(m) Perform such other functions as the PAMB or the RD may assign.

ARTICLE IV
TENURED MIGRANTS

SECTION 16. Tenured Migrants. - Tenured migrants are households that have
actually and continuously occupied the SIWS before April 25, 1997 and are solely
dependent on the area for their livelihood. A tenured migrant shall be issued a tenurial
instrument on the areas they have been occupying or cultivating, to exceed a
maximum of three (3) hectares per household. In consideration of current practices in
areas occupied by tenured migrants, especially in strict protection zones where no
occupation or other activities are allowed, a provision for their transfer to sustainable-
use zones shall be accomplished through just and humane means.

To effectively provide a social fence to the SIWS, a tenurial instrument to be
issued pursuant to this Act must be limited solely to the sustainable-use zones in
accordance with the general management plans and strategies. The  tenurial
instruments or the rights and interests arising out of such instruments shall not be
transferred, sold, leased or used as collateral for a loan, otherwise it shall be void. The
said rights can be transferred only to direct descendants.

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


48

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

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

ARTICLE V
ILLEGAL ACTS

SECTION 17. Prohibited Acts. - The following shall be the prohibitions and penalties
within the SIWS:

(a) A fine of not less than Ten Thousand Pesos (Php 10,000.00) but not more
than Five Hundred Thousand Pesos (Php 500,000.00) or imprisonment of not less
than six (6) months and one (1) day but not more than six (6) years, or both, at the
discretion of the court shall be imposed upon any person who:

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

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

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

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

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

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

(b) A fine of not less than Ten Thousand Pesos (Php 10,000.00) but not more
than Two hundred Fifty Thousand pesos (Php 250,000.00) or imprisonment of not less


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

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

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

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

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

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

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

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

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

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

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

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

(12) Engages in treasure hunting;

(c) A fine of not less than Fifty Thousand Pesos (Php 50,000.00) but not more
than Five Hundred Thousand Pesos (Php 500,000.00) or imprisonment of not less
than six (6) months but not more than six (8) years, or both, at the discretion of the
court shall be imposed upon any public-officer or law enforcement officer, who, in
dereliction of the duties of his office, shall maliciously refrain from instituting proper


action for the punishment of violators of the law or shall tolerate the commission of
offenses. A conviction of this offense shall also carry the penalty of perpetual
disqualification from public office;

(d) Any citizen may institute the necessary charge against the offender for the
commission of the acts enumerated under Section 17 (a) involving protected species;

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

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

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

SECTION 18. Special Prosecutor. - Within thirty (30) days from the effectivity of this
Act, the Department of Justice shall designate a special prosecutor to whom all cases
of violation of laws, rules and regulations in the SIWS shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of one's
duties and assist in the training of wardens and rangers in arrest and criminal
procedures.

ARTICLE VI
PROCEEDS AND FEES

SECTION 19. The Sicogon Island Wildlife Sanctuary Fund, - There is hereby
established a trust fund to be known as the Sicogon Island Wildlife Sanctuary Fund for
purposes of financing projects of the system. All income generated from the operation
of the system or the management of wild flora and fauna in the SIWS shall accrue to
the fund. These income shall be derived from fees from permitted sale and export of
flora and fauna and other resources from the SIWS, proceeds from lease of multiple-
use areas, contributions from industries and facilities directly benefiting from the
SIWS, and such other fees and income derived from the operation of the SIWS.

The fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign: Provided, That the fund shall be deposited as a special


eA aAKwALKE

account in the National Treasury and disbursements - therefrom shall be made solely
for the protection, maintenance, administration and management of the system and
duly approved projects endorsed by the PAMB in accordance with existing accounting
and budgeting rules and regulations: Provided, further, That the fund shall not be used
to cover personal services expenditures.

The LGUs shall continue to impose and collect all other fees not enumerated
herein which they have traditionally collected, such as business permits, property tax
and rentals of LGUs’ facilities. Furthermore, LGUs may charge add-ons to fees
imposed by the PAMB: Provided, That such add-ons shall be determined based on
the contribution of the LGUs in the maintenance and protection of the SIWS.

ARTICLE VIL
EXISTING FACILITIES

SECTION 20. Existing Facilities. - Within ninety (90) days from the effectivity of this
Act, the PAMB shall be organized and a PASu shall be appointed who, within the
same period, shall make an inventory of existing facilities within the boundaries of the
SIWS and submit the said inventory to the PAMB through a sworn statement
containing the following information

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

(b) Noise levels at all stages of operation;

(c) Energy requirements and sources of energy;

(d) Water supply requirements and sources of water;

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

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

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

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

ARTICLE VIII
UTILIZATION OF RESOURCES


SECTION 21. Utilization of Resources. - Livelihood activities requiring the use of
resources derived from the SIWS shall be allowed only when it is found to be
sustainable and consistent with the GMPS and only upon prior PAMB approval. Only
non-timber products can, be utilized for livelihood purposes, except trees planted in
tenured areas. No exploration, exploitation or utilization of nonrenewable resources for
commercial purposes or by non-tenured migrants shall be allowed. Energy generation
projects utilizing renewable resource such as, but not limited to, hydroelectric, wind or
solar generators may be allowed at the discretion of the PAMB.

Commercial utilization of resources by tenured migrants shall be allowed only
upon prior PAMB approval and in accordance with the GMPS. Commercial
exploitation and utilization of water resources and other permitted resources and
establishment or installation of infrastructure such as, but not limited to, access roads,
telecommunication facilities, etc., within the SIWS shall require PAMB approval:
Provided, That these are not in conflict with the GMPS and shall undergo the EIS
System.

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

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

ARTICLE IX
TRANSITORY AND MISCELLANEOUS PROVISIONS

SECTION 22. Appropriations. - The Secretary of the DENR shall immediately include
in the Department's program the implementation of this Act, the funding of which shall
be included in the annual General Appropriations Act.

SECTION 23. Applicability. - The provisions of this Act shall be construed liberally in
favor of tenured migrants with due consideration to the protection of biodiversity. The
NIPAS Act shall supplement the implementation of this Act.

SECTION 24. Transitory Provisions. - A PAMB shall be convened and created within
three (3) months from the effectivity of this Act. During the same period, the DENR, in
coordination with the PAMB, the Provincial Government of Iloilo, the Municipality of
Carles and the concerned Congressional District Representative shall undertake the
preparation of the implementing rules and regulations of this Act.

SECTION 25. Separability Clause. - If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections hereof.


CIAKHALRYE

SECTION 26. Repealing Clause. - All laws, proclamations, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 27. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a national newspaper of general circulation.

Approved,