HUULS. OF R PRKCSCNTATIVES:

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DATE:
Republic of the Philippine

HOUSE OF REPRESENTATIVES "Y= cnet
Quezon City BY: wy

Seventeenth Congress REOISTI
First Regular Session | gis ao wn

ATION UNIT
EX SERVICE

HOUSE BILL no.3 16

INTRODUCED BY REPRESENTATIVE FERNANDO V. GONZALEZ

“AN ACT
DECLARING THE MAYON VOLCANO NATURAL PARK IN THE PROVINCE OF
ALBAY AS A PROTECTED AREA AND PROVIDING FOR ITS MANAGEMENT”

EXPLANATORY NOTE

Mayon Volcano Natural Park is a part of the State's National Integrated Protected
‘Areas System. Cognizant of the economic, aesthetic and environmental values of the
ecosystem of Mt. Mayon and its surrounding areas to the Province of Albay, particularly, a)
its unique and almost perfect cone, b) its crucial watershed function with the presence of
springs and major rivers that provide potable water to three (3) cities of Legazpi, Tabaco, and
Ligao and five (5) municipalities of Malilipot, Sto. Domingo, Daraga, Camalig, Guinobatan,
and c) the diversity of its flora and fauna with some endemic species such as the Tarictic
Hombill (Penelopides panini), Black-naped Oriole (Oriolus chinensis), Reticulated python
(Python Reticulatus), Oriental Civet (Viverra tangalunga) and the famous pitcher plant
(Sarracenia alata) and the different species of orchids, it is imperative that the protection,
preservation and conservation of Mayon Volcano Natural Park and its surrounding areas be
declared a national policy in accordance with Republic Act No. 7586 or the National
Integrated Protected Areas System (NIPAS) Act of 1992 and international conventions to
which the Philippines is a signatory.

Pursuant to the above policy, the NIPAS Act, and as provided herein, Mayon Volcano
Natural Park and its surrounding vicinities with boundaries as described hereunder, is hereby
declared and established a protected area under the category of a natural park to be known as
the Mayon Volcano Natural Park (MVNP)

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

(


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Seventeenth Congress
First Regular Session
3167

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE FERNANDO V. GONZALEZ

“AN ACT
DECLARING THE MAYON VOLCANO NATURAL PARK IN THE PROVINCE OF
ALBAY AS A PROTECTED AREA AND PROVIDING FOR ITS MANAGEMENT”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Article I
TITLE, POLICIES, OBJECTIVES, AND JURISDICTION

SECTION 1. Short Title.- This Act shall be known as the “Mayon Volcano Natural
Park (MVNP) Act”.

SEC. 2. Declaration of Policy - It is hereby declared the policy of the State to ensure
the protection and conservation of the Mayon Volcano as a protected area in order to preserve
its biological diversity, the uniqueness of its landscape and its socio-cultural and economic
significance to the people of the Province of Albay

SEC. 3. Definition of Terms. - As used in this Act:

a. Bioprospecting refers to the research, collection and utilization of biological and genetic
resources for the purpose of applying the knowledge derived therefrom for commercial and
academic purposes;

b. Buffer Zones refer to the identified areas outside the boundaries of and immediately adjacent
to the MVNP pursuant to Section hereof that need special development control in order to
avoid or minimize harm to the natural park;

©. Byproducts or derivatives refer to any part or substance extracted from wildlife, in raw or in
processed form. These include stuffed animals and herbarium specimens;

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


¢. Chainsaw refers to any portable power saw or similar cutting implement rendered operative
by an electric or intemal combustion engine or similar means that may be used but is not
limited to feeling of trees or cutting of timbers;

£. Exploitation refers to any mode of use, extraction, development, utilization or disposition of
resources, for whatever purpose wether commercial or otherwise;

g. Exotic species refer to the species or sub-species that do not naturally occur within the MVNP
at present or in historical time. It shall include the Genetically Modified Onganisms (GMOs);

h. General Management Planning Strategy refers to the guide in the formulation of the site-
specific management plans, including buffer zones;

i. Litering refers to the disposal of small amount of non-biodegradable solid waste materials such
as, cigarette butts, candy wrappers, plastic bags bottles, glasses, in the MVNP which may
cause or contribute to the deterioration of the resources or habitats in the MVNP;

J. Management Manual refers to an individual management plan, basic background information,
field inventory of the resources within the area, an assessment of assets and limitations, regional
interrelationships, particular objectives for managing the area, appropriate division of the area
into management zones, a review of the boundaries of the area and a design of the management
programs;

k. Protected Area refers to the 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 and unless the context otherwise
provides, shall refer to the MVNP;

1 Protected Area Management Board (PAMB) refers to the site based decision-making
body responsible for planning, resource protection and general administration of the area in
accordance with the approved management plan;

m, Protected Area Superintendent (PASu) refers to the chief operating Department of
Environment and Natural Resources (DENR) official at the Protected Area;

n. Resource User's Fee refers to the amount exacted from the use of the resources, which is
being paid annually (periodically);

SEC. 4, Establishment of MVNP. - The Mayon Volcano, located in the in the Cities of
Tabaco, Legazpi and Ligao and in the Municipalities of Malilipot, Domingo, Daraga, Camalig and
Guinobatan, Albay, island of Luzon is hereby declared a protected area under the category of Natural
Park, and is more particularly described as follows:

Beginning at a point marked “I” on the Map, being N 37°22'04" W, 193.238
meters from PRS'92



Control Monument " ABY-53" with geographic coordinates of 13°13'40.5181"N
and 123°43'56.2215"E

located at Brgy. Padang, Santo Domingo, Albay.

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the point of beginning containing an area of five thousand three hundred
twenty-seven and 5/100 (5,327.15) hectares.

All lands of the public domain comprising the Mayon Volcano Natural Park (MVNP)
and its buffer zones shall fall under the classification of Natural Park as provided for in the
1987 Philippine Constitution.

‘SEC. 5, Establishment of the Mayon Volcano Natural Park ~ PAMB or MVNP-PAMB.
The MVNP-PAMB is hereby created and shall be composed of the following:


a. DENR Regional Executive Director (RED) of Region V as Chairperson;
b. The Governor of Albay as vice-chair and the Provincial Planning and Development
Officer as his altemate;

¢. The municipal/city mayors of the municipality/cty with territory within MVNP;

4. The Barangay Captain with teritory within MVNP;

€. At least seven (7) representatives, from NGOs/POscommunity-based organizations involved in

the protected area protection and conservation initiatives in their areas of operations;
£ One (1) representative fom each department or national govemment agencies involved in
protected area management specifically the Department of Agriculture (DA), Department of
Agrarian Reform (DAR), department of Tourism (DOT), Department of Public Works and
Highway (DPWH), Department of Science and Technology (DOST) and the Academe; and

g. For continuity of business and proper representation of the entity member in the PAMB, a
permanent altemate shall be appointed by each entity member in case the principal
representative isnot available.

‘The management and administration of MVNP shall be vested with the MVNP-PAMB. The
MVNP-PAMB, in addition of powers and functions as enumerated in the NIPAS Act of 1992, shall
include:

authority to impose and collect resourve user's fees and provide its disposition;

. designate collecting officers for funds generated for the MVNP and formulate procedures for
the management and disbursement thereof,

¢. recommend the appointment of all staff of the Protected Area Office, including the PASu,
to the RED of DENR Region V based on intemal selection criteria;

exact fines and fees for violations of this Act, guidelines, rules and regulations within
MVNP;

€. promulgate its procedural rules, which shall include discipline and removal of its officers
and members;

££ provide the necessary mechanisms to ensure the harmonization, complementation,
consultation and participatory decision-making processes among the various stakeholders;

g. asthe sole authority, to enter into any contract or agreement conceming the MVNP as maybe
necessary to carry out the purposes of this Act; and

h._perform such other functions necessary for the fulfillment of the provisions of this Act
and all other applicable laws, rules and regulations.


‘The MVNP-PAMB shall coordinate with the DENR regarding confiscation of materials or
resourves from the MVNP, which shall be disposed of in accordance with the guidelines of the DENR. A
report on this subject shall be regularly rendered by the concemed officer of the DENR and the PASu to
the MVNP-PAMB. The proceeds of the disposition of these materials or resources shall accrue to the
MVNP-PAMB Trust Fund.

SEC. 6. Jurisdiction over MVNP.-- The overall authority and jurisdiction over the MVNP shall
be exercised by the PAMB, with oversight by the DENR. This jurisdiction and authority shall be
exercised in harmony with the powers, rights and authorities of the Local Govemment Units (LGU) having
territorial jurisdiction over MVNP: Provided, however, That in the issues of protection and conversation,
the authority of the PAMB shall take precedence.

SEC. 7. MVNP Buffer Zone.- The PAMB may identify and recommend the establishment of

bufler zone, in consultation with the stakeholders.

‘The buffer zone sll be a component of the MVNP under the jurisdiction of the PAMB. Specific
management prescription and land use management options shall be provided by the PAMB for the buffer
zone, Such prescriptions and land use options shall be incorporated in the General Management Plan (GMP)
and the LGU's Comprehensive Land Use Plans (CLUP) and corresponding ordinances be provided
therein.

Article II
MANAGEMENT AND INSTITUTIONAL MECHANISMS
SEC. 8. Term of Office of MVNP-PAMB Members. - The Secretary of the DENR
shall appoint the members of the MVNP-PAMB. Except for Local Government Official representative
to the PAMB whose term of office shall be co-terminus with the elected term of office in the PAMB,
the member shall serve for a term of five (5) years: Provided, That, the member remains connected with
the sector represented.
‘The MVNP-PAMB shall issue the necessary guidelines for the selection and qualification of
its members, and replacement process in case a vacancy occurs.

SEC. 9. Incentives for MVNP-PAMB Members.- In addition to actual and necessary traveling
and subsistence allowance incurred in the performance of their duties, the PAMB members may be
sganted honoraria and other benefits in attending PAMB or other committee meetings. These expenses
‘may be included in the appropriation ofthe MVNP Trust Fund.

SEC. 10. The MVNP - Protected Area Office (MVNP-PAO).- There shall be an MVNP-

PAO, to be headed by PASu who shall serve as the Chief Operating Officer of the park. The DENR
shall create necessary positions for the PAO Staff.


‘The PASu shall have full responsibility for the protection of land, water, wildlife and other
resources within MVNP. As such, he shall have the following duties and responsibilities in addition to
those under existing laws and regulations:

a. Prepare the management plan and its subsequent plans as herein provided;

b, Serve as a secretariat to the MVNP-PAMB with the duty to provide the MVNP-PAMB with all the

information necessary to make appropriate decisions for the implementation of this Act;

c. Recommend the hiring of the necessary personnel to support the operations of MVNP subject
to the availability of funds;

d. Develop and implement park information, education and visitor programs;

e. Enforce the laws, rules and regulations and MVNP-PAMB resolutions relevant to the protected
area and its buffer zones, and assist in the prosecution of offenses. Monitor all the activities
within the MVNP and its buffer zones in conformity with the management plan; and

2. Perform such other functions as the MVNP-PAMB may assign.

‘The PASu shall be directly accountable to the MVNP- PAMB and the RED. He shall however,
provide necessary coordinative mechanisms to the Community Environment and Natural Resources Office
(CENRO) and Provincial Environment and Natural Resources Office (PENRO).

SEC. 11. The General Management Plan (GMP).- There shall be a MVNP General
Management Plan. The GMP shall articulate the over-all strategic direction for the protection and
management of the MVNP. It shall also include all site-specific management strategies and activity
targets for all management zones and for other sectoral concems of the MVNP. The GMP shall be
prepared by the MVNP-PAO in close collaboration with the MVNP-PAMB and other stakeholders of
MVNP. The GMP shall cover a period of applicability for twenty-five (25) years, subject to periodic
review every five (5) years or as the need arises.

‘The GMP shall be reviewed and approved by the PAMB. The GMP shall also be presented to all
the Municipal/City LGUs within the MVNP and shall be indorsed by them for implementation and
‘integration in their specific CLUPs and MDPS. _Alll other stakeholders shall likewise be consulted in the
process.

‘The GMP shall conform to all national environmental programs of the govemment, and
shall be affirmed by the DENR Secretary.

SEC. 12. The Role of Local Government Units.- The Provincial Government of Albay and
the Municipal/City LGUs in Albay with stakes in MVNP are hereby recognized as key partners in
the protection and management of the MVNP. As such, they shall participate in the
management of the MVNP through the MVNP-PAMB. The provisions of this Act shall be

incorporated into the Municipal/City and Provincial plans as part of their environmental


concems and shall ensure that local ordinances pertaining to environment are consistent with this
Act and the GMP, as herein provided.

‘The LGU shall also allocate not less than 3% of their local development fund to finance
conservation and development projects/activities in the MVNP protected area, within the
homework of the GMP and approved by the MVNP-PAMB.

SEC. 13. The Role of the DENR.- The DENR shall provide the necessary coordinative and
support umbrella in the management and protection of MVNP. With this, the DENR shall:

a. initiate the institutionalization of MVNP-PAO;

b. institute the capacity development process of the MVNP-PAMB

provide personnel and funds for services and operations of the MVNP-PAO

d._ provide physical resource support to MVNP-PAO; and

¢. provide additional technical support, as may be required.

The DENR, through the RED of Region V, shall ensure that the MVNP-PAMB acts
within the scope of its powers and functions,

SEC. 14. MVNP Fund. - There is hereby established a trust fund to be known as the
MVNP Fund for purposes of financing projects of the MVNP. All income generated from
the operation and management of wild flora and fauna in the MVNP shall accrue to the
MVNP Fund. These income shall be derived from fees from permitted sale and export of
flora and fauna and other resources from the protected area; proceeds from lease of multiple-
use areas; contributions from industries and facilities directly benefiting from the protected
area; and such other fees and income derived from the operation of the protected area.

The MVNP Fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign and such endowments shall be exempted from income or gift
taxes, and all other taxes, charges or fees imposed by the government or any political
subdivision or instrumentality thereof. Any donation or bequest made to the MVNP Fund
shall be exempt from donor's tax and the same shall be considered as allowable deduction
from the gross income of the donor, in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.

The MVNP-PAMB shall retain seventy-five percent (75%) of all revenues raised, to be
deposited in any government bank within the locality; and that disbursements shall be made
solely for the protection, maintenance, administration and management of the area and
implementation of duly approved projects endorsed by the MVNP-PAMB in accordance with
existing accounting, budgeting and auditing rules and regulations: Provided, That the MVNP

Fund shall not be used to cover personal services expenditures.


The remaining 25% of the revenues shall be deposited as a special account in the
National Treasury as share in the Integrated Protected Area Fund (IPAF) created pursuant to
R. A. 7586.

The concemed 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
rental of LGU 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 protected area.

Article HIT
UTILIZATION OF RESOURCES

SEC. 15. Resource Use.- No person ot entity shall enter, enjoy or utilize any portion of the MVNP-
and the resources therein for whatever purpose without prior permission from the MVNP-PAMB or the
PASu as herein provided. Tenured migrants if there is any may be allowed to cultivate, harvest and utilize
resources in their designated multiple use zone, buffer zones and in other allowable zones as may be
indicated in the GMP.

Bioprospecting and other biodiversity related researches shall be allowed only to MVNP-PAMB
accredited research institutions. Stricter procedures in the conduct of such academic and commercial
research activities shall be issued by the MVNP-PAMB within six months from the effectivity of this
Act.

‘The derivation and utilization of resources within the MVNP shall be govemed by the MVNP-
GMP and shall be allowed only for the purpose of maintaining the ecological balance and integrity of the
MVNP.

SEC. 16. Utilization Permits and User's Fees.- The MVNP-PAMB shal have the exclusive
power to issue permits and impose conditions thereon, or impose and collect fees for the derivation and
utilization of the resources within the MVNP: Provided, That the MVNP-PAMB may delegate to the
PASu the authority to issue permits and to collect fees for temporary access to the MVNP, such as passage
and visiting, subject to the limits as may be provided by the MVNP-PAMB: Provided, further, That
entry into the MVNP for emergency reasons shall not be subject to the entrance or user’ fees.

SEC. 17. Water User’s Fees.- A water user's fee shall be collected from any water user where
water is used for any of the following purposes: domestic use, industrial/commercial use, irrigation,
recreation, ot power generation in an amount which the MVNP-PAMB may determine after due
consultation with the LGUs within the MVNP.

The MVNP-PAMB shall formulate the necessary rules and regulations for the effective

implementation of this Section.


SEC. 18. Energy and Non-renewable Resources. Any exploration, exploitation or utilization
of non-renewable resources, such as minerals and fossil fuel such as oil, coal and natural gas within
MVNP shall not be allowed. Energy projects shall be allowed only through an Act of Congress, except
from sun and wind sources.

SEC. 19. Environmental Impact Assessment (EIA).- Any development activity within the
MVNP, being Environmentally Critical Area (ECA) shall be required to undergo the Environmental Impact
Assessment (EIA) system pursuant to PD 1586. The PAMB shall determine the developmental activities that
‘would require Environmental Compliance Certificate (ECC) in consultation with the concemed agency.

Article IV.
TENURED MIGRANTS

SEC. 20. The Rights of the Tenured Migrants.- The rights ofthe Terured Migansifthere be any
shall covered by an appropriate tenurial instruments issued by the DENR. Such tenurial instrument shall be
issued to organized tenured migrant communities.

Article V
PROHIBITED ACTS AND PENALTIES

SEC. 21. The following are the prohibited acts and their corresponding penalties:

a, Hunting, Collecting, Catching, Gathering, Capturing, Wounding, Killing, Destroying; or
possessing anywhere within the MVNP or its buffer zones any species of plants and animals
or their by-product or derivatives, or transporting of these plants and animal species without
prior approval of the PAMB. The offender shall be penalized with a fine of not less than
five thousand (Php. 5,000.00) pesos but not more than five hundred thousand (Php.
500,000.00) pesos and imprisonment of not less than six (6) years and one (1) day, but not
more than twelve (12) years and forfeiture of all resources, equipment and conveyances
used for violating this Section. The MVNP-PAMB shall also impose an administrative fine
‘based on the market value of the resources, plus ten times the market value of the resources as
environmental damages, and forfeiture of all resources, equipment and conveyances used
for violating this Section,

b. Bio-prospecting without obtaining prior MVNP-PAMB clearance and FPIC, and the
appropriate DENR permit. Penalty shall be six (6) months and one (1) day to six (6) years of
imprisonment, and fine of two hundred thousand (Php. 200,000.00) pesos to one million
(Php. 1,000,000.00) pesos and forfeiture of the resources subject of the offense, together
with the equipment and conveyance used. The PAMB shall also impose an administrative
fine of five hundred thousand (Php. 500,000.00) pesos to two million (Php. 2,000,000.00)
pesos and forfeiture of all resources, equipment and conveyances used for violating this


Section. Violation of the terms and conditions of any existing permits granted to institutions or
individuals shall constitute the commission of this offense. In addition to the penalties herein
provided, any permit granted to the offender shall be automatically cancelled,

Acts of vandalism, such as mutilating, transporting, destroying, excavating or in any
‘manner damaging any natural formation or object of natural beauty inside the MVNP. This
shall also include the removal, destruction and alteration of boundary markers and signs. Fine
of not less than twenty five thousand (Php. 25,000.00) pesos but not more than five hundred
thousand (Php. 500,000.00) pesos, and/or imprisonment of not less than six (6) months and
one (1) day but not more than six (6) years and the restoration and rehabilitation of the
damaged area. The MVNP-PAMB shall also separately impose on the offender, a fine
equivalent to the value of ehubitting or restoring the damaged area.

Bumming, clearing, kaingin within the MVNP or its buffer zones. Judicial fine of not less than
ten times the value of the bumed or cleared areas and imprisonment of one (1) year and one (1)
day but not more than Six (6) years. The MVNP-PAMB shall also separately impose on
the offender, an administrative fine equivalent to the value of rehabilitating or restoring the
damaged area;

. The unreasonable disturbance of wildlife and other habitats, reproductive cycles,
roosting and feeding grounds and migratory paths. Judicial fines and penalties shall be in
accordance with the provision of Wildlife Act. The MVNP-PAMB shall also impose an
administrative fine of not less than ten thousand (Php. 10,000.00) pesos but not more than fifty
thousand (Php. 50,000.00) pesos;

Exploration, exploitation or extracting, drilling, or prospecting for mineral resources, treasure
hunting, or quamying within the MVNP or its buffer zones. Judicial fine of not less than five
hundred thousand (Php.500, 000.00) pesos, but not more than five million (Php.
5,000,000.00) pesos and/or imprisonment of not less than six (6) months and one (1) day but
not more than Six (6) years, and the restoration and rehabilitation of the damaged area,
together with the confiscation of equipment, tools, vehicles and resources, The MVNP-PAMB.
shall also separately impose on the offender, a fine equivalent to the value of rehabilitating or
restoring the damaged area;

Possession or use of chainsaw, power saw and other motorized equipment anywhere within the
MVNP or its buffer zones without prior permit from the MVNP-PAMB. Imprisonment of
six (6) years and one (1) day to eight (8) years or a fine of thirty thousand (Php 30, 000.00)
‘pesos to fifty (Php.50, 000.00) pesos shall be imposed to the offender in violation of this


Section.. The PAMB shall also confiscate the Chainsaw, power saw or other motorized
‘equipment;
Introduction of exotic species within MVNP. Fine of not less than five (Php.5, 000.00)
pesos, but not more than five hundred thousand (Php.500, 000.00) pesos and/or
imprisonment of not less than six (6) months and one (1) day but not more than six (6) years.
‘The MVNP-PAMB shall also confiscate the exotic species of fauna and flora. Should the
‘Court or the MVNP-PAMB determine that these species are detrimental to the integrity of
MVNP, they shall order the appropriate disposition of the same;
Construction or maintaining any kind of road, edifice, or any kind of enclosure, structure,
facility or any inffastructure projects, or operating business enterprise, within MVNP without
prior permit from the PAMB. Fine of not less than five hundred thousand (Php.500,000.00)
‘pesos, but not more than five million (Php. 5,000,000.00) and/or imprisonment of not less
than six (6) months and one (1) day but not more than six (6) years, and demolition of the
improvements which may be detrimental to the integrity of the MVNP shall be imposed.
‘The Court shall forfeit in favor of the MVNP-PAMB all improvements, equipment and
conveyances used in violation of this Section;
Unauthorized entry except in emergency situations. The MVNP-PAMB shall impose an
administrative fine of one thousand (Php.1, 000.00) pesos to thirty thousand (Php.30, 000.00)
pesos as herein provided;
Unauthorized occupation or cultivation of areas without MVNP-PAMB permit. The
MVNP-PAMB shall impose an administrative fine of ten thousand (Php.10, 000.00) pesos to
seven hundred thousand (Php.700, 000.00) pesos together with the forfeiture of all
improvements, which may be detrimental to the integrity of the MVNP;
‘Dumping of waste and littering within MVNP and its buffer zones. Dumping of waste
shall be punishable by imprisonment of six (6) months and one (1) day but not more than six (6)
years and a fine of five thousand. (Php.5,000.00) to two hundred fifty thousand
(Php.250,000.00) pesos. The violator shall also order to clean up the waste and pay for the
clean- up thereof; and
For violation of any rules and regulations provided in the GMP or any resolutions approved
by the MVNP-PAMB, an administrative fine of not less than five thousand (Php.5, 000.00)
‘pesos but not more than fifty thousand (Php.50, 000.00) pesos shall be imposed.
|. Inall the above-mentioned provisions, should the offender be an association or corporation,
the officers shall be directly responsible for the act of the employees and shall suffer the
corresponding fines and penalties as herein provided. In case the offender is not a citizen of


the Philippines, he or she shall be immediately deported to his or her country of origin after
serving his sentence and upon payment of all criminal and administrative fines. For cases
involving foreigners, no plea-bargaining shall be allowed without the concurrence of the
MVNP-PAMB, the DENR and any such person who have initiated the filing of the case as
complainant,

SEC. 22 Rules and Regulations.- The MVNP-PAMB shall promulgate within three (3)

‘months fiom the passage of this Act, the appropriate rules and regulations.

SEC. 23. Fines and Forfeitures.- All criminal fines and forfeitures that may be imposed by the
Courts, and the administrative fines and forfeitures that may be imposed by the MVNP-PAMB under
this Act, shall be given to the MVNP-PAMB and shall form part ofthe funds and assets of the MVNP.

Article VI
LAW ENFORCEMENRT AND PROSECUTION

SEC. 24, Law Enforcement. The DENR shall implement the provisions of this law and has the

power to call upon other agencies for assistance.

‘The DENR upon the recommendation of the MVNP-PAMB shall deputize any group or persons
in writing to enforce the provisions of this Act. Such deputization shall be in writing and signed by
the DENR Secretary or the RED to be valid and effective.

SEC. 25. Inspection Powers.- The PASu and Law enforcers shall have the power to stop, board,
search and inspect all vehicles and conveyances within MVNP for the purpose of enforcing the
provisions of this Act, other laws, rules and regulations.

‘The PASu and other authorized law enforcers may enter premises or areas subject of a lease,
pent or concession from the MVNP-PAMB or DENR for monitoring of compliance with environmental
Jaws, niles and regulations. Any hindrance made to these inspections shall be considered a violation of these
rules and shall subject the offender to the immediate closure of his enterprise pending full inspection as
‘may be warranted,

SEC. 26. Special Prosecutors and Counsels The Department of Justice (DOJ), upon
recommendation of the PAMB shall designate special prosecutor, either or both from among state and
public prosecutors to do the preliminary investigation and prosecute violations of this Act, other laws,
rules and regulations within the MVNP. The Special Prosecutor shall coordinate with MVNP-PAMB,
PASu and staff of MVNP-PAO in the performance of duties and assist in the training of Forest
Rangers in arrest and criminal procedures. The MVNP-PAMB shall periodically submit an
evaluation ofthe performance of the designated special prosecutor to the DOJ.

‘The MVNP-PAMB may retain the services of a competent lawyer to prosecute and assist in the
prosecution of cases under the direct control or supervision of the special prosecutor and to defend the


members of the MVNP-PAMB, PASu, staff of the MVNP-PAO, or persons assisting in the protection,
conservation and development of the MVNP, against any legal action related to the powers, functions
and responsibilities as provided in this Act. or as delegated or tasked by the MVNP-PAMB.

SEC. 27. Citizen Suit. For purposes of enforcing the provision of this Actor its implementing rules
and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper
courtsbodies against:

a. Any person who violates or fail to comply with the provision of this Act its implementing

rales and regulations, or

. Those mandated to implement and enforce the provisions of this Act with respect to orders,

rules and regulations issued inconsistent with this Act, and/or

©. Any public officer who willfully or grossly neglects the performance of an act specifically

enjoined as a duty by this Act or its implementing rules and regulations, or abuses his
authority in the performance of this duty or in any manner improperly performs his duties
under this Act or its implementing rules and regulations. Provided, however, that no suit can
be filed until after thirty (30) days notice has been given to the public officer and the alleged
violator concemed and no appropriate action has been taken thereon.

The Court shall exempt such action from the payment of filing fees, and statements,
likewise, upon prima facie showing of the non-enforcement or violation complained of exempt the
plaintiff from filing an injunction bond for the issuance of preliminary injunctions.

In the event that the citizen's suit should prevail, the Court shall award reasonable attomey's fees,
‘moral damages and litigation costs to the plaintiff

SEC. 28. Suits and Strategic Legal Action against Public Participation (SSLAPP)
and the Enforcement of this Act- Where a suit is brought against a person who filed an action as
provided in Sections 26 and 27 of this Act, or against any person, institution or goverment agency
implementing this Act, it shall be the duty of the investigating prosecutor or the Court, as the case
maybe, to make a determination within a period of (30) days whether said legal action has been filed to
harass, vex, exert undue pressure or stifle such legal resource of the person complained of in enforcing
the provisions of this Act. Upon determination thereof, evidence warranting the same, the investigating
prosecutor or the Court, as the case may be, shall dismiss the complaint.

In addition, the person who has brought the suit to harass, vex, exert undue pressure or stifle
such legal recourse shall be liable for the payment ofattomey’s fees and damages in favor of the respondent.

This provision shall apply and benefit public officers who are sued for acts committed in their
official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

Article VIL


‘TRANSITORY PROVISIONS

SEC. 29. Selection and Appointment of the New MVNP-PAMB Members-Representatives.-
‘The MVNP-PAMB existing and functioning as such prior to the effectivity of this Act (otherwise known
as the "Proclamation PAMB"), shall continue to dispose of its powers and functions until the regular Mayon
‘Volcano Natural Park Management Board (MVNPMB) has been constituted in accordance with the
provisions ofthis Act.

Within one (1) month from the effectivity of this Act, the existing MVNP-PAMB shall draw up
the guidelines in consultation with the agencies and sectors to be represented in the MVNPMB, for
the selection of its representatives.

Within three (3) months from the effectivity of this Act, the members of the MVNPMB which
shall be constituted in accordance with this Act, and shall have been appointed by the Secretary of the
DENR.

SEC. 30. Continuation of the MVNP-Protected Area Office.- The present PAO shall
continue to exist and function as such, subject to institutionalization in accordance with Section 11
hereof. Within three (3) months after the appointment of all its members, the MVNPMB, upon
recommendation of the PAO, shall finalize an institutionalization plan for the PAO, and the criteria for
selection of personnel to fill-up the items. Within two (2) months thereafter, a PASu shall be
recommended by the MVNPMB and appointed by the RED.

SEC. 31. Continuation of all other Arrangements... Except when otherwise provided by this
Act, all arrangements, commitments and agreements prior to the effectivity of this Act shall continue to
subsist until validity amended, revised, repealed or renewed or upon end of its term.

Article VIII
GENERAL PROVISIONS

SEC. 32. Appropriations.- For the purpose of this Act, there is hereby appropriated the amount
‘of Twenty Million (Php.20,000,000.00) Pesos every year for the first five (5) years from the effectivity
of this Act. After the said five years, the intemally generated revenues from the MVNP shall support the
operations for the MVNP, without prejudice to any additional appropriation in the General
Appropriations Act, as Congress may deem appropriate.

‘The Budget of the MVNP-PAMB and the MVNP-PAO shall be included in the budget of the
DENR beginning the fiscal year immediately following the effectivity of this Act until such time that
the revenues derived from the MVNP shall have been sufficient to cover the same,

SEC. 33. Construction and Suppletory Application of Existing Laws.- The provision of this
Act shall be construed liberally in favor of achieving biodiversity conservation, protection and
sustainable development Provisions of Republic Act No. 7586 or the NIPAS Act 1992, existing


forestry and environmental laws, and their coresponding rules and regulations not inconsistent hereto
shall have suppletory effect in the implementation ofthis Act.

SEC. 34. Separability Clause.- If any part or Section of this Act is declared unconstitutional or
otherwise invalid, such declaration shall not affect the other parts or Section hereof.

SEC. 35. Repealing Clause. - All laws, presidential decrees, executive orders, rules and
regulations inconsistent with this Act shall be deemed repealed or modified accordingly.

SEC. 36. Effectivity -. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved