Republic Act 11038. Expanded National Integrated Protected Areas System Act of 2018

S. No. 1444 I-!. No. 6772 ~r.µublic of flp~ Jl1ilippi:nes @nngrrzz o-f ±4r J¼ilip:pintz c#lff dro c#l[mtiln Begun and he ld in Metro Manila, on Monday, the twenty-fourth day of July , two thousand seventeen. • [ REPUBLIC AcT No. 1 10 ~i 8 ] AN ACT DECLARING PROTECTED AREAS AND PROVIDING FOR THEIR MANAGEMENT, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7586, OTHERWISE KNOWN AS THE "NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992", AND FOR OTHER PURPOSES Be £t enacted by I.he Senate and House of R epresentatiues of the Phr:lippines in Congress assembled: SECTION 1. Title . - This Act shall be known and referred to as the "Expanded National Integrated Protected Areas System Act of 2018". SEC. 2. Section 2 of Republic Act No. 7586 is hereby amended to read as follows: " SEC. 2. Declo.ration of Pohcy. - Cognizant of the profound impact of hunian activities on a ll components of the natural envisonment particula rly ' I 2 the effect of increasing population , resource exploitation and industrial advancement, and recognizing the critical importance of protecting and maintaining the natural, biological, and physical diversities of the environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people of present and for future generations, the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution. "It is h er eby recognized that these areas , although distinct in features , possess common ecological values that may be incorporated into a holistic plan to conserve and protect our natural heritage; that effective administration of these areas is possible only through cooperation among the national government, local governments, concerned nongovernment organizations, private organizations, and local communities ; that the use and enjoyment of these protected areas must be consistent with the principles of biological diversity and sustainable development. "To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which shall encompass ecologically rich and unique areas and biologically important public lands that are habitats of rare and threatened species of plants and animals , biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as 'protected areas'. The System shall recognize conservation areas and the management regimes being implemented by local government units (LGUs) , local communities and indigenous peoples (IPs). "The State shall ensure the full implementation of this Act, the mobilization of resources for the 3 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 indigenous practices." SEC. 3. Section 4 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 4. Definition of Terms . - For purposes of this Act, the following terms shall be defined as follows: "(a) Biological diversity or biodiversity refers to the variability among living organisms from all sources including, inter a.Zia., terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; "(b) Bioprospecting refers to the research collection, and utilization of biological and geneti~ resources for puxposes of applying the knowledge denved therefrom solely for commercial purposes; "(c) Buffer zones refer to identified areas outside the . boundaries of and immediately adjacent to de s ignated protected areas that need special development control in order to avoid or minimize harm to the protected area; "(d) By-products or Derivatives refer to parts taken or substances extmcted from wildlife in raw or in processed form· ' ' "(e) Collecting refers to the act of gathering or harvestmg wildlife and its by-products or derivatives· ' " (f) Conveyance refers to every kind of vessel including motorized or nonmotorized vehicles ' nondisplacement crafts and seaplanes that are used or may be used as a means of transportation on land or water. It shall include everything found therein, except personal effects; 4 "(g) Delineation refers to the actual ground survey of the boundaries of protected areas and their buffer zones and management and management zones using the global positioning system (GPS) or other applicable survey instruments and technologies, with the intention of producing a map of the area ; "(h) Demarcation refers to the establishment of the boundaries of protected areas and their buffer zones using visible markers , monuments, buoys in case of marine areas, and known natural features and landmarks, among others, as a result of the actual ground delineation; "(i) Ecosystem goods and services refer to the multitude of material and nonmaterial provisions and benefits from healthy ecosystems necessary for human sustenance , well -b eing , and survival including support processes , provisioning and environment regulating services , and cultural resom·ce preservation services; " G) Endemic f,pec ies refer to the species or subspecies of flora and fauna which are naturally occurring and found within specific areas in the country; " (k) Exotic species refer to the species or subspecies of flora and fauna which do not natmally occur within the protected area at present or in historical time ; "(l) Exploration refers to the act of searching or prospecting for mineral resources, as defined by law , by geological, geochemical or geophysical surveys , remote sensing, test pitting, trenching, drilling , shaft sinking, tunneling or any other means, for the purpose of determining the existence , extent, quantity , and quality of resomces in an area, and the feasibility of utilizing these resources for profit; "(m) Gear refers to any instrument or device and its accessories utilized in taking, catching, gathering, killing, hunting, destroying, distmbing, removing, or possessing resources within the protected area; "(n) Genetically modified organism (GMO) refers to any living organism that possesses a novel combination of genetic material through the use of modern biotechnology; "(o) Hunting refers to the killing or catching of wild fauna for food and recreational purposes, with the use of weapons such as guns, bow and arrow, spears, traps and snares, and the like; "(p) Indigenous Cu)tural Community (ICC)/ Indigenous People (IP) refers to a group of people sharing common bonds of l a nguage , customs, traditions, and other distinctive cultural traits, and who have, since time immemorial occupied, possessed and utilized a territory; " (q) Integrated Protected Area Fu nd (IPAF) refers to the special account established for the purpose of financing projects of the NIPAS and individual protected areas; "(r) Invasive alien species refer to species introduced deliberately or unintentionally outside their natural habitats where they have the ability to establish themselves , invade, outcompete native species, and take over the new environment; " (s) Kaingin refers to the slash-and-bum cultivation of vegetated land in a protected area, whether occupied or not, shifting and permanent with little or no provision to prevent soil erosion; "(t) Multiple-use zone refers to the area where settlement, traditional and sustainable land use 5 6 including agriculture , agroforestry , extraction activities , and income generating or livelihood activities may be allowed to the extent prescribed in th e protected area management plan; "(u) National Integra ted Protected A 1·eas 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 su stainable use of resources found therein, and to maintain their natural conditions to t he greatest extent possible; "(v) National pa.rh refers to the lands of the public domain classified as such in the Constitution which include a ll areas under the NIPAS pursuant to this Act, primarily designated for the conservation of native plants and animals , their associated habitats and cultural diversity; ''(w) Natural biotic area refers to an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at their pace ; "(x) Natural monument refers to a relatively small area focused on the protection of small features to protect or preserve nation ally significant natural featmes on account of their special interest or unique characteristics; "(y) Natural parh refers to a relatively large area not materially altered by human activity where extractive resource uses are not allowed and is maintained to protect outstanding natural and scenic areas of national or international significance for scientific, educational, and recreational use; "(z) Ocwpying refers to a continuous stay of individu als or groups within a protected area, whether residing or engaging in the cultivation of land or fishing for more than twenty-four (24) hours; "(aa) Poaching refers to gathering, collecting, or possessing products or natural resources from the protected area by any individual person, corporation or entity whether local or foreign; in the case of marine protected areas, operating any foreign fishing vessels by any person, corporation, or entity without a permit; "(bb) Protected area. refers to identified portions of land and/or water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation; "(cc) Protected area occupants refer to persons who are residing, utilizing, and cultivating areas within the protected area. These include private owners, IPs, temffed migrants and informal settlers; "(dd) Protected Area Retained Income A.cconnt refers to the trust fund maintained by any protected area and administered by the respective Protected Area Management Boards (PAJvIB) created pursuant to this Act representing the seventy-five percent (75%) of revenues generated from the protected area to support its operation and management; "(ee) Protected landscap es and! or seascapes refer to areas of national significance which are characterized by the harmonious interaction of man and land and water while providing opportunities for public enjoyment through recreation, tourism, and other economic activities; "(ff) Protected species refer to plants or animals declared protected under Philippine laws, rules, and regulations. These shall include all species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and all 7 8 its Annexes, the Convention on the Conservation of Migratory Species (CMS), those specified under the red-list categories of the International Union for Conservation of Nature and Natural Resources (IUCN) , or any plant or animal which the Department of Environment and Natural Resomces (DENR) , PAMB or any government agency may deem necessary for conservation and preservation in the protected area ; "(gg) Quarry ing refers to the process of extracting, removing, and disposing sand, gravel, guano, limestone, and all other resources used as building and construction materials that are found within the protected area; "(hh) Resource reserve refers to an extensive , relatively isolated, and uninhabited area which is difficult to access and is designated to protect the natural resources of the area for future use and prevent or contain development activities that could affect the resources, pending the establishment of sustainable resomce utilization goals which are based upon appropriate information and planning; "(ii) Special Account in the General Fund (SAGF) refers to the trust fund deposited in the national treasmy representing the twenty-five percent (25%) of the revenues generated from the operation of individual protected area and earmarked to support the NIPAS; " (jj) Strict nature reserve refers to an area possessing some outstanding ecosystem, features, and species of flora and fauna of national scientific importance that should be maintained to protect and preserve nature in its undisturbed state and to preserve ecologically representative examples of the natural environment to ensme their availability for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a dynamic and evolutionary state ; "(kk) Tenured migrants refer to protected area occupants who have been actually, continuously and presently occupying a portion of the protected area for five (5) years before the proclamation or law establishing the same as a protected area, and are solely dependent therein for subsistence; "(11) Threatened speci.es refer to species or subspecies considered cr itically endangered , vulnerable, or other accepted categories of wildlife whose population is at risk of extinction; "(mm) Wetlands refer to a wide variety of inland habitats such as marshes, peat.lands, floodplains , rivers and lakes , and coasta l areas such as saltmarshes, mangroves, intertidal mudflats and seagrass beds, and also coral reefs and other marine areas no deeper than six (6) meters at low tide , as we ll as human-made wetlands such as dams , reservoirs, rice paddies and wastewater treatment ponds and lagoons; "(nn) 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, fed , or propagated; and "(oo) Wildlife Sanctuary refers to an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic communities or physical featmes of the environment which may require specific human manipulations for their perpetuation." 9 SEC. 4. Section 5 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 5. Establishment and Exten t of the System. - The establishment and operationalization of the System shall involve the following: "(a) All areas or islands in the Philippines proclaimed, designated or set aside , pursuant to a JO law, presidential decree , presidential proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangTOve reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as well as old growth forests identified before the effectivity of this Act or still to be identified, are hereby designated as initial components of the System. The initial components of the System shall be governed by existing laws, rules and regulations, not u1consistent with this Act. "(a. 1.) Establishment as Protected Areas. Aside from the areas already declared as protected areas through acts of Congress, the following parcels of land and/or bodies of water are hereby established as protected areas within the classification of national park pursuant to the Philippine Constitution: Region Protected Area Province Area (Has.) I Kalbario- Patapat Natural Park Ilocos Norte 3,903.19 2 Libunao Protected Landscape Ilocos Norte 47. 15 3 Bessang Pass Natural MonumentJ !locos Sur 581.05 Landmark J 4 Bigbiga Protected Landscape llocos Sur 142.87 5 Lidlidda Banayoyo Protected Landscape !locos Sur 1,042.29 6 Salcedo Protected Landscape !locos Sur 196.33 (formerly Sta. Lucia Protected Landscape) 7 Agaa Damortis Protected Landscape La Union 10,774.63 and Seascape 8 Manleluag Spring Protected Landscape Pangasinan 1,938.83 9 JO 2 11 12 13 14 15 16 17 3 18 19 20 21 NC R 22 23 24 4A 25 26 '1:i ZS 29 3) 31 32 4B 33 34 S5 36 5 37 38 Jl Palaui Island Protected Cagayan S,048.57 Landscane and Seascaoe Peiiablanca Protected Cagayan l IS,6.53.67 1 ---...le:,""~" ~nrl ~&>Ii<;""~~ Tumauini Watershed Natural Pa1·k lsabela 6,509.38 Salinas Natural Monument Nueva Vizcava 5.966.05 Casecnan Protected Landscape Quirino, Nueva 86,246.77 Vizcaya, and Aurora Amro River Prntected Landscape Aurora 6,431.30 Dinadiawan River Protected Landscape Aurora 3,366.54 Simbahan Talaeas Protected Landscape Aurora 2,284.30 Talaytay Protected Landscape Aurora 3,598.31 Bataan Natural Park Bataan 20.004.17 Roosevelt Protected Landscape Bataan 950.43 Masicloc a.~d Oyon Bay Zombales 7,558.00 Protected Landscape and Seascane Las Pinas-Paxaiiaque Critical Las Pii1as City 1S1.63 Habitat and Ecotourism Area and Para.Ii.aque (LPPCHEA), also known as Las City Piiias-Para.Ji.aque Wetland Park Ninoy Aquino Parks and Quezon City 23.S5 W:iJdJife Center Mts. Palay-Palay-Mataas-na- Bat.angas and 3,972.70 Gulod Protected Landscaoe Cavite Taal Volcano Protected Landscape Batangas a11d 62,292.16 Cavite Buenav:ista Protected Landscape Quezon 2S7.24 Maul a win Sn1in,=, Protected Landscane Ouezon 183.15 Ouezon Protected Landscaoe Quezon 1.042.85 Hinulugang Taktak Protected Rizal 3.58 Landscape Pamitinan Protected Landscane Rizal 609.15 Uppe r Marildna River Basin Rizal 26,125.64 Protected Landscaoe Marinduque Wildlife Sanctuary Marinduque 9,758.71 Apo Reef Natural Park Occidental Mindoro 15,799.23 Mt. Calavite Wildlife Sanctuai-v Occidental Mindoro 18.172.69 Mis. lglit-Baco Natural Park Occidental and 106,655.62 01iental Mindoro Mt. Guitine-Guitine Natural Park Romblon 15,5 15.22 Mt. Mavon Natural Pai·k Albav 5.327.15 Ticao Bur:ias Pass Protected Albay, Masbate 414,244.00 Seascape and Sorsogon Abasig-Matogdon-Mananap Natural Camarines Norte 5,918.3 1 Biotic Al:ea 12 13 6i Basilan Natural Biotic Area Basilan 4.545.99 68 Aliguay Island Protected lsabela City 1,188.36 1 -- .J~ ·- ~nrl s.,.~ .. · G9 Turtle Islands Wildlife Tawi-Tawi 242,958.29 39 Bicol Natural Park Camarines Sur 5,466.35 Sanctuarv 40 Buhi Wildlife Sanctuarv Camarines Sur 1,620.65 70 Great and Little Sta. Cruz Zamboanga City 1,827.16 41 La2"onov Natural Biotic Area Camarines Sur 443.63 islands Protected Lru1dscape 42 Malabungot Protected Camarines Sur 147.71 :::inrl C',,.,.,c:;,..,., .... ~ 5 Landscaoe 71 Pasonanca Natural Park Zamboanea Citv 12.102.08 43 Mt. lsarog Natural Pa,.-k Camarines Sur 10,090.89 72 Jose Rizal Memorial Protected Zamboanga del 474.82 44 Catanduanes Natural Park Catanduanes 48,924.09 Landsf"ane Norte 45 Bonesan~lav Natural Park Masbate 518.90 9 73 Mu rcielagos Protected Zamboanga del 100.40 41, 'P,..,\,.c:,-.n \ 1- l . ....,,.,. hl ., .. , .,. 1 P -:. .. l- Sn,·,;:ni:,r.n :, C<i S" Land...<::eane and Seascane Noi-te 47 Northwest Panay Peninsula Aklan and Antique 12,009.29 74 Selinog Island Protected Zamboanga de] 959.41 G Natural Park Landscane and Seascane Norte 48 Sibalom Natural Park Antique 6,778.44 75 Siocon Resource Reserve Zamboanga del 855.59 49 Northern Ne2"ros Natural Park · Neg·ros Occidental 70,826. 16 Norte 50 Alburquerque-Loay-Loboc Bohol 1,165.51 7G Dumanquillas Bay Protected Zamboanga de] 26.112 21 Protected Landscape and Landscape and Seascape Sur Seascane I! Mt. 'I'im olan Protected Zamboanga del 2.244.54 ;;1 I '"' j..,,,.,..,,.i,, .. ,,. i,:i;ilc;; fll.i.,, t, .. .. .,,• ]\lfn,-,.,......,.,,......,1 » 0 ·enl 10 OOA OS Landscape Sur 52 Panelao Island Protected Seascane Bohol 2,445.08 i8 Buug Natural Biotic Axea Zamboanga 1.261.46 53 Raiah Sikatuna Protected Landscape Bohol 10,964.64 Sibueav 54 Talibon Group oflsland Bohol 6,446.31 79 Mt. Kalatungan Range Natural Bukidn on 22,225.11 Protected Landscape and Park Seascane so Mt. 'l'irupooog Hibok-Hibok Camiguin 2,203.39 i 55 Ca.motes Island Protected Cebu 1,436.98 Natural Monument Landscane aJ1d Seascane ID SI Mt. lnayawan Range Natural Lanao del None 4,236.18 5G Olango Island Wildlife Cebu 1,382.29 P,1i-k ~:mct.uarv 82 Bahangao Protected Landscape Misamis 315.50 57 Tali.on Strait Protected Cebu, Negros 534,589.05 and Seascape Occiden tal Seascape Occidental and S3 Initao-Libe1ta d Protected Laodscape iVIisamis 921.02 Oriental ~n~ C"- ,c.r~n~ f) ; , 1 5S Apo Island Protected Landscape Neg,:os Oriental 691.40 &l Mt. BaJatukan Range NaUual lVl.isamis 8,437.86 and Seascaue TI A• •nl 59 Balinsasavao Twm Lakes Natural Park NeJTros Oriental 8.016.05 85 Mabin i P1·otected Landscape Compostel a 7,292.62 GO Cuatro Islas Protected Le;'1:e 11 ,407.46 and Seascane Vallev Landscane and Sea~cane 8G Mainit Hot Springs Protected Compostela 1.422.63 61 Lake Danao Natural Park Levte 2.244.16 Landscaoe Vallev G2 Mahagnao Volcano Natural Leyte 340.82 11 8, Aliwag\'-'ag Protected Landscape Davao 01iental 10,2Gl.06 8 p.,.l, and Compostela 63 Guiuan Marine Resource Eastern Samar 66,725.26 Valley p,. T ..,.n~c:; ~ 88 Mati Protected Landscape Davao 01iental 884.46 G4 Biri Larosa Protected Northern Sarnar 32,284. 14 89 Pujada Bay Protected Davao Oriental 20,873.43 Landscape and Seascape Landscape and Seascape GS Calbayog Pan-as Hayiban Sa.mar 5,067.93 90 Sarangani Bay Protected GeneraJ Santos 210,887.69 Protected Landscane Seascape City and 66 Samar Island Natural Park Samru·, Eastern Samar 335,105.57 12 Sarangani and Northern Samar 91 Mt. Matutum Protected South Cotabato 13,947.00 Landscape and Sarangani 92 Agusan Marsh Wildlife Agusan del Sur 40,940.96 Sanctuary 13 93 Siargao lslai1 d Protected Surigao del 283,974.77 Landscape and Seascape Norte 94 'I'inuy-An Falls Protected Surigao de] Sur 4,321.75 Landscape 14 "The boundaries and technical descriptions of each protected area as described in the attached Annex, which are duly certified accurate on every page thereof by the National Mapping and Resom ce Information Authority (NA1\1RIA) are hereby adopted a nd made an integral part hereof. "The DENR, with the assistance of other government agencies, if necessary, shall delineate and demarcate on the ground the boundaries of each protected area which shall not be modified except by an act of Congress. "(a .2.) The Remaining Initia l Components. Within three (3) years from the effectivity of this Act , the DENR shall underta ke the following activities in preparation for the establishment of the remaining initial components as protected areas through an act of Congress: "(l) Provide maps and technical descriptions of the areas ; "(2) Conduct suitability assessment of the areas; and "(3) Conduct public consultations. "Any initial component that does not satisfy t h e abovementioned requir ements shall be disestablished pursuant to Section 7 of this Act. "(b) All DENR records p ertaining to said protect ed a r eas , including maps and technical descriptions or natural boundaries, copies of rules and regulations governing them, copies of public notices of, an d reports submitte d to Congress r egarding p ending additions , eliminations , or modifications shall be made available to the public. These legal documents pertaining to protected areas shall also be available to the public in the respective DENR Regional Offices, Provincial Environment and Natmal Resomces Offices (PENROs) and Community Environment a nd Natur a l Resources Offices (CENROs) and Protected Area Management Offices (PAMOs) where protected areas are located; "(c) The DENR shall conduct a suitability assessment for each of the proposed protected area. If found suitable for inclusion in the System according to the categories established in Section 3 hereof, a report containing the following items shall be submitted to the president as soon as the study 1s completed, to wit: "(l) A protected area occupants survey ; ''(2) An ethnographic study; " (3) A protected area resource profile; " (4) Land and water use plans; and "(5) Other background studies. "(d) In the conduct of public consultation, the DENR shall: "(l) Notify the public of proposed action through publication in a newspaper of general circulation and s uch other means including notices to t h e stakeholders that will likely be affected within the respective localities, thirty (30) days prior to the public consultation; "(2) Conduct public consultation at locations near the proposed protected area; "(3) Invite all local government units (LGUs) in the affected areas , na tional agencies concerned , people's organizations (POs) and nongovernment organizat ions (NGOs) and request for corresponding position papers; and "(4) Prepare recommendations based on the views and comments gath ered from t he public consultation; 15 16 "(e) Upon receipt of the recommendations of the DENR, the President shall issue a proclamation establishin g t he proposed protected areas and providing for measm es for their protection until the time when Congress shall h ave enacted a law finally declaring the recommended areas as part of the System; and "(f) Upon completion of the appropriate review, the President shall recommend to the Senate and the House of Representatives the designations of protected areas or reclassification of each area." SEC. 5. Section 6 of Republic Act No . 7586 is hereby amended to read as follows: "SEC. 6. Additional Areas to be Included into the System. - Upon the recommendation of the DE N R, a dditional a reas with unique physical featu res , anthropological significance and high biological diversity may be proposed for inclusion as part of the System. Such areas shall undergo the same procedm·e as the remaining initial components for legislative enactment." SEC. 6. Section 8 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 8. Buffer Zones . - When necessary, the DENR Secretary , upon the recommendation of the PAMB , may designate areas surrounding the protected areas as buffer zones for the purpose of providing extra layer of protection where restrictions may be applied: Provided, That, in cases where the designated buffer zone would cover private lands, the owners thereof sh all be required to design their development with due consideration to the protected area management plan." SEC. 7. Section 9 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 9 . Management Plan. - Within one (1) year from the establishment of the protected area, there shall be a management plan formulated for each protected area that shall serve as the basic long-term framework plan for the management of the protected area and guide in the preparation of its annual operations plan and budget. "The management plan shall, at the minimum, promote the adoption a nd implementation of innovative management techniques including, when necessary, zoning, buffer zone management, habitat conservation and r ehabilitation , diversity management , community orga111z1ng and development, socioeconomic and scientific researches, site- specific policy develop ment, climate change adaptation and mitigation, disaster risk reduction and management , waste sewerage a nd septic management, and gender and development, among others. "The plan shall be h armonized with the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) required under Republic Act No. 8371, or 'The Indigenous People's Rights Act of 1997' , the respect ive Comprehensive Land Use Plans (CLUPs) of local governments required under Republic Act No. 7160 or the 'Local Government Code of 1991' and other local plans." 17 SEC. 8. Section 10 of Republic Act No. 7586 is hereby a mended to read as follows: "SEC. 10. Administration and Management of the System. - The National Integrated Protected Areas System (NIPAS) is hereby placed under the control and administration of the DENR through the Biodiversity Management Bmeau (BMB). "To carry out the mandate of this Act, t he Secretary of the DENR is empowered to perform the following acts: i8 "(a) Issue a system-wide set of rules and regulations to implement the provisions of this Act; "(b) Set standards, procedures, and protocols for the establishment and management of protected areas and the System, such as, but not limited to , conduct of study, zoning, review of plans and project proposals, specifications and types of buildings and other structmes, and installation of uniform markers and symbols; "(c) Deputize field officers and other technical and support personnel; "(d) Determine a system-wide set of fees and charges to ensure sustainable financing of protected areas and the System; "(e) Impose administrative fines and penalties; "(f) Report on the status of the Integrated Protected Area Fund (IPAF), its collection of fees , and disbursements from the IPAF; "(g) Designate the appropriate Chairperson of each PAMB: "(h) Enter into contracts and/or agreements with private entities or public agencies as may be necessary to carry out the objectives of the System; "(i) Accept in the name of the Philippine Government and in behalf of NIP AS funds, gifts or bequests of money for immediate disbursements or other property in the interest of the NIPAS, its activities or its services; "U) Call on any agency or instrumentality of the Government as well as academic institutions, NGOs and the private sector as may be necessary to accomplish the objectives and activities of the System; "(k) Submit an annual report to the President of the Republic of the Philippines and to Congress on the status of protected areas in the country; "(l) Oversee and set guidelines in the construction, operation and maintenance of roads, trails, waterworks, sewerage systems, fue protection, and sanitation systems and other public utilities within the protected area; "(m) Within the limits allowed by existing laws, rules , and regulations, ensure that settlement areas inside the protected area shall not be expanded and that coverage shall only be limited to the original area/s occupied by tenured migrants and indigenous communities; and "(n) Perform such other functions as may be directed by the President of the Republic of the Philippines , and to do such acts as may be necessary to the accomplishment of the purposes and objectives of the System." 19 SEC. 9. Section 11 of Republic Act No . 7586 is hereby amended to read as follows: "SEC. 11. Protected Area Management Board (PAMB). - Within three (3) months after the effectivity of this Act, a P AMB shall be created for each of the protected areas designated as initial component, established by presidential proclamation, and declared by law. The Board shall be composed of the following: "(a) DENR Regional Director under whose jurisdiction the protected area is located , as Chairperson; "(b) Governor/s of the province/s wh ere the protected area is located or their duly designated representative/s; "(c) A Senator of the Republic of the Philippines who is a duly registered resident of the city or province where the protected area is located or a duly authorized representative, unless the Senator declines membership in the PAMB; "(d) District Representative/s of the Congressional districtls where the protected area is located or their duly designated representatives, unless the District Representative declines membership in the PA.MB; "(e) Mayor/s of the city/cities or municip ality/ municipalities where the protected area is located or their duly designated representative/s; "(f) Chairperson/s of the barangay/s where the protected area is located; " (g) Regional Director s of the following government agencies, namely: the Department of Agriculture (DA), the Nationa l Economic and Development Authority (NEDA), the Department of Science and Technology (D OST), the Philippine National Police (PNP) , and the Departm en t of National Defense (DND); "(h) Three (3) representatives from either an NGO or PO, duly accredited both by the DENR and the provincial government. The N GO or PO represented should have been in existence for at least five (5) years and with track record in or related to protected area management; "(i) At least one (1) but not more than three (3) representatives from all the IPs/ICCs present in the area and recognized by the National Commission on Indigenous Peoples (NCIP); " U) One (1) representative from an academic institution, preferably from a university or college in the province where the protected area is located, with prove n track record in or related to the protected area management; and "(k) One (1) representa tive from the private sector, preferably a resident of the province where the protected area is located, who is distinguished in a profession or field of interest relevant to the protected area management. "Ex officio members or members of the PAJ\1B by virtue of their elective or appointive government positions as specified in the immediately preceding subparagraphs (a) , (b) , (c), (d), (e), (f), and (g) , shall serve for the duration of their respective terms of office in their respective elective or appointive government positions. "On the other hand, the members of the PA.MB specified under subparagrnphs (h), (i), (j) , and (k) of this section shall be appointed by the DE N R Secretary after the conduct of a transparent and fair selection process . They sh all each serve a term of three (3) years and may be reappointed for another term. "The members of the PAMB shall serve without compensation, except for the actual and necessary traveling and subsistence expenses incurred in the performance of their duties, either in their attendance in meetings of the P AMB or in connection with other official business authorized through a resolution of the P AJ\1B , subject to existing rules and regulations. Each member shall have the full capacity and accountability for decisions binding to the member's sector. "The P AJ\1B members duly appointed prior to the effectivity of this Act sh all continue their term until the expiration of their appointment. Thereafter, 2 1 22 members of the management board shall be appointed in accordance with the provisions of this Act: Pro vided, That the Regional Director of the DENR shall ensme that the relevant members of the P AlvIB are duly appointed by the DENR Secretary: Provided, further, That at least forty percent (40%) of the P AMB members shall be women, pursuant to Republic Act No. 9710 or 'The Magna Carta of Women'. "A member of the PAMB may be removed for any of the following grounds: "(l) More than three (3) consecutive unexcused absences from regular meetings of the management boa.Td; "(2) Commission of acts prejudicial to the management of protected areas as embodied in Section 20 hereof and/or other existing rules and regulations governing protected areas; " (3) Disassociation from the office or organization being represented; "(4) Termination of relationship with the office or organization being represented; or "(5) Conviction by final judgment of any criminal act." SEC. 10. Insert two (2) new sections after Section 11 of Republic Act No. 7586 to read as follows: "SEC. 11-A. Powers and Functions of the PAJYIB. - The PAMB shall have the following powers and functions: "(a) Oversee the management of the protected area; "(b) Approve policies, plans and programs, proposals. agreements, and other related documents for the management of the protected areas; "(c) Approve the management plan of the protected area and ensure its harmonization and integration with the ADSDPP, land use plan and other development plan, public or private , and its implementation; "(d) Adopt a manual of operations to include rules of procedures in the conduct of business, and the creation of committees and their respective terms of reference; "(e) Recommend the deputation of appropriate agencies and individuals for the enforcement of the law s, rules and r e gulations governing t h e management of the protected area; "(f) Allocate financial resources for the implementation of the management plan and manage the Protected Area Retention Income Account and other funds in accordance with the accounting and budgeting rules and regulations; "(g) Set fees and charges in accordance with existing guidelines; "(h) Issue rules and regulations for the re solution of conflicts through appropriate and effective means; "(i) Recommend appropriate policy changes to the DENR and other government authorities; " (j) Monitor and assess the performance of the Protected A.Tea Superintendent (P ASU) and other protected area personnel and compliance of partners with the terms and conditions of any undertaking, contract or agreement; 23 24 "(k) Recommend from among a shortlist of qualified candidates, the designation or appointment of the PASU; and "(l) Assess the effectiveness of the management of the protected area: Pro vided, That the members of the management board representing the LGUs and national agencies in the PAMB shall inform their respective constituents, offices or sectors, of P AME-approved or other relevant policies, rules, regulations , programs, and projects and shall ensme that the provisions of this Act and its implementing rules and regulations are complied with, and used as reference and framework in their respective plans, policies, programs, and projects. Failure to comply with the foregoing shall be the basis for disciplinary action against s u ch member according to a dministr ative rules and regulations and such penalties as t he PAMB may provide: Provided, fu rther, That the DE NR, through the Regional Director, shall ensure that the PA.1\1.IB acts within the scope of its powers and functions. In case of conflict between the resolutions issued by the P AMB and the existing administrative orders of national application , the latter shall prevail." "SEC. 11-B. The Protected Area. Management Office (PAMO) . - There is her eby establish ed a Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (P ASU) with a permanent plantilla position wh o shall supervise the day to day management, protection and administration of the protected area. A sufficient number of support staff with permanent plantilla position shall be appointed by the DENR to assist the PASU in the management of the protected area. "The P ASU shall be primarily accountable to the PAMB and the DENR for the management and operations of t he protected area. Pursuant thereto, t h e PASU shall have th e following duties and responsibilities: " (a ) Prepare the management plan , in consultation with the stakeholders, including the annual work and financial plans and ensure its implementation; "(b) Ensure the integration of the protected area management plans, programs, projects, and policies with r elevant national and LG Us' plans a nd programs; "(c) Provide secretariat services to the PA.1\1.IB and its committees and ensure the availability of relevant and timely information for decision-making; "(d) Formulate and recommend to the PA.MB proposed policies, rules, regulations, and programs; "(e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making; "(f) Enforce the laws, rules and regulations relevant to the protected area , comme nce a nd institu t e administrative and le gal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of this Act; "(g) Monitor , eva luate , and repo rt the implementation of management activities of the protected a rea; "(h) Request for and receive any technical assistance, support or advice from any agency or instrumentality of the government as well as academic institutions, NGOs, and the private sector, as may be necessary for the effective management, protection and administration of the protected area; "(i) Issue permits and clearances for activities that implement the management plan and other 25 26 permitted activities in accordance with terms , conditions, and criteria established by the PAMB: Prouided, That all permits for extraction activities, including collection for research pmposes, shall also continue to be issued by relevant authorities, subject to prior clearance from the PAMB, through the PASU, in accordance with the specific acts to be covered; " (j) Collect and/or receive pertinent fees , charges, donations, and other income for the protected area: Prouided, That such fees, charges, donations, and other income collected/received shall be reported regularly to the PA.t\tIB and the DENR in accordance with existing guideiines; "(k) Prepare and recommend to the PAMB, approval of the annual work and financial plans of the protected area based on the management plan; and "(l) Perform such other functions as the PAlVIB and the DENR may assign. "The PAMO may be augmentec). by the deputized local environment a nd natural resources officers upon the recommendation of the PA.MB and approval of the DENR." SEC. 11. Section 12 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 12. Environmental Impa.ct Assessment (EIA). - Considering that protected areas are environmentally critical areas, the proponent of development projects and activities with potentially significant adverse impacts as determined by the Environmental Management Bmeau (EMB), whether or not these projects or activities a.re included in the management plan, shall secure an Environmental Compliance Certificate (ECC) in accordance with the Philippine Environment Impact Statement (EIS) System: Prouided, That for development projects and activities that are not environmentally critical, an initial environmental examination (IEE) shall be undertaken instead of a full-blown EI.A. No project or activity may be undertaken by any project proponent without prior clearance from the PANIB. The DENR shall require the submission of the PA.MB clearance, among others, before issuing an ECC to a project proponent. "No actu al implementation of such activities shall be allowed without the requixed ECC under the Philippine EI.A System. Violations of environmental laws, rules and regulations, including those under the EIA System, shall be penalized accordingly." 27 SEC. 12. Section 13 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 13. Ancestral Donia.ins a.ncl Customa.ry Rights . - Ancestral domains and customary rights shall be accorded due recognition. "As part of heritage preservation and pmsuant to the need to conserve biologically significant areas, the territories and areas occupied and conserved for and by IPs and communities shall be recognized, respected, developed, and promoted. "The ICCs and IPs concerned shall have the responsibility to govern, maintain, develop, protect, and conserve such areas, in accordance with their indigenous know ledge systems and practices and customary law, with full and effective assistance from th e NCIP, DENR and other concerned government agencies . "A mechanism for coordinat ion and complementation between the indigenous traditional leadership and governance structures and the NCIP, DENR, government agencies, concerned LGUs and civil society organizations shall be created." 28 SEC. 13. Section 14 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 14 . Energy Resources. - Consistent \.Vith the policies declared in Section 2 hereof, the exploration for energy resources may be a llowed in protected ar eas only for the purpose of gathering data and information and only if such activity is carried out with the least damage to surrounding areas. "Surveys for nonrenewable energy projects shall • be conducted only in accordance with a program approved by t he DENR, a nd the result of such surveys shall be made available to the public and submitted to the President who sh all make th e appropriate recommendations to Congress. The development and operation of nonrenewable energy projects are prohibited in areas categorized as strict nature reserves and natural parks. "Renewable energy projects may be allowed within the protected area by the PAMB with the concurrence of the DENR Secretary: Pro vided, That renewable energy projects, which shall be located outside the strict protection zones, shall undergo the EIA as provided by law , and shall adopt reduced impact technologies so as not to be detrimental to ecosystem functions , biodiversity, cultural practices and traditions: Provided, That sufficient bond sh all be remitted by the proponent to the DENR. The amount of which will be based on damage estimation up on decommissioning a nd projected cost of rehabilitation. It sh all be released to the depositor upon t h e satisfactory decommissioning of all equipment, structures and improvements and the rehabilitation of the site according to the zones and objectives of the management plan as attested to by the PAMB." SEC. 14. Section 15 of Republic Act No . 7586 is hereby amended to read as follows: "SEC. 15. Areas Under the Mmwgement of Other Departments and Government Instrumentalities. Should there be protected areas, or portions thereof, under the jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall remain in the said department or government instrumentality: Provided, That the DENR shall retain its oversight function over such protected areas, and the concerned agency shall provide annual reports on the management of sa id areas focusing on the conservation of the biodiversity therein." 29 SEC. 15. Section 16 of Republic Act No. 7586, as amended by Republic Act No. 10629, is hereby fmther amended to read as follows : "SEC. 16. Integrated Protected Area. Fund (IPAF). - There is hereby established a trust fund to be known as Integrated Protected Area Fund (IPAF) for purposes of financing the projects and sustaining the operation of protected areas and the System. Income generated from the operation and management of the protected area shall accrue to the IPAF. The income shall be derived from fees and charges from the use of resomces and facilities of protected 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 PAMB shall retain seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited in the Protected Area-Retained Income Account (PA-RIA) in any authorized government depository bank within the locality: Provided, That disbursements out of such deposits shall be used solely for th e protection, maintenance, administration, and management of the protected area and implementation of duly approved projects of the PAMB. 30 "Grants , donations , and endowments from variou s sou rces , domestic or fo r eign, sha ll be deposited in full in a special account in the National Treasury to be used for the purpose specified in the deeds and instruments covering them. 'Volunta..vy or legislated payments for ecosystem goods and services, including fines, penalties , and compensation for damages from protected a rea offenses shall accrue fully to the PA-RIA and shall ~e managed by the PAMB. "The remaining t~enty-five percent (25%) of revenues shall be deposited as a special account in Lhe Gei1eral Fund in the r.Jational Treasury for purposes of financing t he proj ects of the System. "The use of the IP AF sh all be in accordance with existing accounting, budgeting, and auditing rules and regulations: Provided, further, That the IP AF shall not be used to cover personal services expenditm es. I "The DENR shall submit to the Department of Budget and Management (DBM) and the Department of Finance (DOF) quarterly reports on the financial apd physical accomplishments on the utilization of the IP AF and other documents as may be required by the DBM, and shall furnish a copy of the same to the House Committee on Appropriations and the Senate Committee on Finance ." SEC. 16. A new Section 16-A of Republic Act No. 7586, as amended by Republic Act No. 10629, shall read as follows: "SEC. 16-A. Tax E xemption. - All gr ants , bequests and endowm e nts , donations a nd contributions made to the protected area fund to be used actu a lly, directly , a nd exclusive ly by the protected area, sha ll be exempted from donor's tax and shall be considered as allowable deduction from the gross income of the donor for the purpose of l I co mputing the taxable income of the donor 111 accordance with t he provisions of the National Internal Revenue Code of 1997, as amended ." 3/ SEC. 17. Section 19 of Republic Act No. 7586 is hereby amende d to read as follows: "SEC. 19. Special Prosecutors and Retained Counsel. - Within thirty (30) days from the effectivity of this Act, the Department of Justice (D OJ) shall appoint specia l prosecutors to prosecute violations of laws, rules and regulations in protected areas. The special prosecutor shall coordinate with the PAMB and the PASU in the performance of duties and arrest and criminal procedures. The PAMB may retain the services of counsel to prosecute and assist in the prosecution of cases under the direct control and supervision of the regulax or special prosecutor. Said counsel sh all also represent and defend the members of the PAMB, PASU and the staff, or any DENR-deputized individual and volunteer, against any legal action arising from the performance of their powers, functions and responsibilities as provided in this Act." SEC. 18. Section 20 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 20. Prohibited Acts. - Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, t h e following acts are prohibited within protected areas: "(a) Poaching, killing, destroying, disturbing of any wildlife including in private lands within the protected area; "(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom, 32 including in private lands within the protected area without the necessary permit. authorization or exemption: Provided, That the PASU as authorized by the PAlVIB shall issue a permit, authorization or exemption only for culling, scientific research, the exceptions provided under Section 27(a) of Republic Act No. 9147 (Wildlife Resources , Conservation and Protection Act) or harvests of nonprotected species in multiple-use zones by tenured migrants and IPs; "(c) Cutting, gathering, removing or collecting timber within the protected area including private lands therein , without the necessary permit , author izatio n , certification of planted trees or exemption such as for culling exotic species: except, however, when such acts are done in accordance with the duly recognized practices of the IPs/ICCs for subsistence purposes; "(d) Possessing or transporting outside the protected area any timber, forest products, wildlife , or by-products derived therefrom which are ascertained to have been taken from the protected area other than exotic species, the culling of which has been authorized under an appropriate permit; "(e) Using any fishing or harvesting gear and practices or any of their variations that destroys coral reefs, sea.grass beds or other marine life and their associated habitats or terrestrial habitat as may be determined by the DA or the DENR: Provided, That mere possession of such gears within the protected areas shall be prima facie evidence of their use; " (f) Dumping, throwing, using, or causing to be dumped into or placed in the protected area of any toxic chemical, noxious or poisonous substance or nonbiodegradable material , untreated sewage or animal waste or products whether in liquid, solid or gas state , including pesticides and other hazardous substances as defined under Republic Act No. 6969. otherwise known as the 'Toxic Substances a nd Hazardous and Nuclear Wastes Control Act of 1990' detrimental to the protected area , or to the plants and animals or inhabitants therein; ''(g) Operating any motorized conveyance within the protected area without permit from the PAMB, except when the use of such motorized conveyance is the only practical means of transportation of IPs/I CCs in accessing their ancestral domain/land ; "(h) Altering, removing, destroying or defacing boundary marks or signs ; H(i) E11gaging in 'kaingin' rw 1n ~ny rr\Or\1"'\ C V causing forest fires inside the protected area; ''G) Mutilating, defacing, destroying, excavating, va ndalizing or, in any manner, damaging any natural formation, religious, spixitual, historical sites, artifacts and other objects of natural beauty, scernc value or objects of interest to IPs/ICCs; ''(k) Damaging and leaving roads and trails in damaged condition; "(l) Littering or depositing refuse or debris on the ground or in bodies of water ; "(m) Possessing or using blasting caps or explosives anywhere within the protected area; "(n) Occupying or dwelling in any public land within the protected area without clearance from the PAMB; "(o) Constructing, erecting, or maintaining any kind of structme, fence or enclosme, conducting any business enterprise within the protected area without prior clearance from the P AMB and permit from the DENR, or conducting these activities in a manner 33 34 that is inconsistent with the management plan duly approved by the PANIB; "(p) Undertaking mineral exploration or extraction within the protected area; "(q) Engaging in commercial or large -scale quarrying within the protected area; "(r) Establishing or introducing exotic species, including GMOs or invasive alien species within the protected area; "(s) Conducting bioprospecting within the protected ar ea without prior PAMB clearance in accordance with existing guidelines: Provided, That in addition to the penalty provided herein, any commercial use of any substance derived from nonpermitted bioprospecting within a protected area will not be allowed and all revenue earned from illegal commercialization thereof shall be forfeited and deposited as part of the IPAF; "(t) Prospecting, hunting or otherwise locating hidden treasures within the protected area; "(u) Purchasing or selling , mortgaging or leasing lands or other portions of the protected area which are covered by any tenuxial instrument; and ''(v) Constructing any permanent structure within the forty (40)-meter easement from the high water mark of any natural body of water or issuing a permit for such construction pursuant to Article 51 of Presidential Decree No. 1067: Prouided, That constru ction for common usage wharves and shoreline protection shall be permitted by the P AMB only after thorough EIA." SEC. 19. Section 21 of Republic Act No. 7586 is hereby amended to read as follows: "SEC. 21. Penalties . - Violations under this Act shall be subject to the following penalties: "(a) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One million pesos (Pl ,000,000) or imprisonment from one (1) year but not more than six (6) years, or both, plus damages of triple the value of the said resomces, or both, shall be imposed upon any person who violates paragraphs (a) to (e) of Section 20 herein; "(b) A fine of not less than Two hundred thousand pesos (P200,000) but not more than One million pesos (Pl ,000,000) or imprisonment from one (1) year but not more than six (6) years, or both, sh all be imposed upon any person who violates paragraphs (f) to (n) of Section 20 herein; "(c) A fine of not less than One million pesos (Pl ,000,000) but not more than Five million pesos (P5,000,000) or imprisonment from six (6) years but not more than twelve (12) years , or both, shall be imposed upon any person who violates paragraphs (o) to (v) of Section 20 herein; " (cl) A fine of Fifty thousand pesos (P50,000) daily shall be imposed on the owner of existing facilities within a protected area under Section 24 of this Act, if the existence of the same and its future plans and operations will be detrimental to the protected area. For every continuing violation, or if the violation continues to be committed for tlm:ty (30) days and upon reaching a total fine of Five hundred thousand pesos (P500 ,000) , the PAMB through the PASU and other deputized government entities, sh all cause the cessation of operation and either forfeit in favor of the PAMO or demolish the facility at the cost of its owner. If the facility is government-owned, the agency in charge shall submit a plan for a substitute facility that complies with the protected area standards and, within one (1) year, 35 36 execute the approved protected area management plan; "(e) Administrative fines of not less than Fifty thousand pesos (P50,000) , but not exceeding Five million pesos (P5.000,000), shall be imposed by the DENR Secretary fo r t he violation of any rule , regulation, or provision of any agreement reached with the PAMB: Provided, That if an area which has sustained damage from any activity conducted therein requires rehabilitation or restoration as determined by the court, the offender sh all be required to restore or pay compensation for such damages, which payment shall accrue to the IPAF. "On the basis of a comt order, the DENR shall cause the eviction of an offender from the protected area: Provided, That in cases of emergency, the DENR Secretary may order the immediate exit or departure of the offender from the protected area. The DENR Sec;:etary may call on other enforcement agencies to assist in executing the order to vacate. "An emergency occurs when there is a demonstrated impending threat to human life and biodiversity or to species found within the ecosystem of the protected area. "All minerals, timber or species collected or removed from the protected area , including all equipment, devices, conveyances, and fiTearms used in connection therewith, shall be forfeited in favor of the government , and any construction or improvement made thereon by the offender shall be subject to confiscation by the P Al\10, subject to the application of due process. "The conveyances , vessels , equipment , paraphernalia, implements, gears, tools , and similar devices used in the commission of the crime shall be dealt with in accordance with Part 4, Rule 12 (Custody and Disposition of Seized Items, Equipment, Paraphernalia, Conveyances and Instruments) of Administrative Matter No. 09-6- 8-SC (Rules of Procedures for Environmental Cases) issued by the Supreme Court. 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 PAMO for rehabilitation and release to its natural habitat, subject to existing regulations. Valuation of the damage sh all take into account biodiversity and conservation considerations as well as aesthetic and scenic value. The valuation and assessment by the DENR, in coord ination with other concerned government agencies, shall be presumed regular , wuess otherwise proven by preponderance of evidence. "If the offender is an association or corporation, the president or manager, who is proven to have participated in or have actual knowledge of any violation against the provisions of this Act shall be directly liable for the act of the employees and laborers: Provided, finally, That the DENR may impose administrative fines and penalties consistent with th.is Act. "Any person who shall induce another or conspire to commit any of the acts prohibited in this Act, or force their workers to commit any of the same, shall be liable as principal. "The penalties specified in this section shall be in addition to the penalties provided in Republic Act No. 9072 or the 'National Caves and Cave Resources Management and Protection Act' , Republic Act No. 9147 or the 'Wildlife Resomces Conservation and Protection Act' , Republic Act No. 8550 or the 'Philippine Fisheries Code of 1998' and other related laws . "The conviction of a public officer or officer of the law whether from the LGU or any national government agency for any violation of the provisions 37 38 of this Act shall carry the accessory penalty of perpetual disqualification from public office." SEC. 20. Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to read as follows : "SEC. 22 . Existing R1:ghts. - All property and private rights within the protected area and its buffer zones already existing and/or vested upon the effectivity of this Act shall be protected and respected in accordance with existing laws: Provided, That the exercise of such property and private rights shall be harmonized, as far as practicable, with the provisions of this Act. Notwithstanding this Act, all existing rights , contracts, or agreements entered into by government for the utilization of natural resources within protected areas shall continue to be recognized and governed by Philippine laws. "The renewa l of permits , contracts, and ae:reements shall be subject to the provisions of this A~t. If the permits, contracts, and agreements are not renewed, such areas shall be rehabilitated or restored by the permit holders within the period provided by the pertinent laws and shall revert to national parks classification. As such, all holders of permits, contracts, and agreements are required to prepare and submit a rehabilitation plan to the P AMB: Provided, That upon renewal, a sufficient bond shall be remitted by the proponent to the DENR to be released to the depository bank in the event of damage by or closure of the establishment after satisfactory rehabilitation according to the zones and objectives of the management plan as attested to by the PAMB. "The occupation of LGUs and communities within the protected area shall be r espected. Within ninety (90) days after the creation of the PAMB, the Board shall assess the physical occupation of said LGUs and communities within protected areas and recommend to proper authorities measures to ensure the protection of their well-being. Municipalities and cities with existing townships and town centers within the protected area sha ll continue to occup y such townships and town centers: Provided, That in the development of t heir CLUP s a nd barangay development plans, due consideration shall be given to the intended use for conservation and biodiversity as well as the objectives for protected areas to keep human habitation and environmental conservation in harmony." "SEC. 23 . Tenured Migrants and Other Protected Area Occupants. - Temu:ed migrants shall be eligible to become stewards of portions of lands within multiple-use zones. The PA.t\lIB shall identify, verify and review all tenurial instruments, land claims, and issuances of permits for resource use within the protected area and recommend the issuance of the appropriate tenure instrument consistent with the zoning provided in the management plan and the provisions of this Act. "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, the provision for the transfer of the tenured migrants to multiple-use zones or buffer zones shall be accomplished through just and humane means: Provided, That protected area occupants who are not qualified as tenmed migrants shall be resettled outside the protected area. "The rights of the tenured migrants may be transferred only to the spouse or one of their direct descendants listed at the time of the survey. "In the event of termination of a tenurial instrument for cause or by voluntary surrender of rights, the PASU shall take immediate steps to rehabilitate the area. 39 40 ·'Following the protected area occupants sm vey required under Section 5(c)(l) hereof, the DENR Regional Director sh all submit to the BMB within two (2) years from the passage of th.is Act, the final list of tenured migrants, which shall be the basis for tenured migrant recognition and issuance of tenurial instruments. Within the two (2)-year period, t h e DENR Regional Director sh a ll submit accomplishment report every six (6) months. "The DENR through t h e BMB shall issue guidelines for the determination of the reckoning period for the recognition of the tenured migrants." " SEC. 24 . Existing Facdities With in the Protected Area. - Within sixty (60) days from the effectivity of this Act, an inventory of all existing facilities such as roads, buildings and structures, water systems, transmission lines, communication facilities, heavy equipment, and irrigation facilities , among others. within the protected area shall be conducted . "The DENR Regional Director shall submit the inventory of facilities with corresponding descriptions and an assessment report containing the appropriate recommendations to the DENR Secretary through the BMB. "The PAMB, with the assistance of the DENR, may impose conditions for the continuous operation of a facility found to be detrimental to the protected area until its eventual relocation. If the conditions are violated, the owner of the facility shall be made liable pursuant to Section 21(d) hereof. "Existing facilities allowed to remain with.in the protected area shall be charged a reasonable fee by the PAMB based on existing guidelines. Structures found within the forty (40)-meter easement shall be demolished unless proven necessary to protect the shoreline and mitigate habitat destruction. The P AMB shall levy a reasonable fee for the use of such easement for their continued operations. Wharves shall be kept accessible to the public ·, "SEC. 25. Special Uses Within Protected Areas. Consistent with Section 2 hereof, special uses may be allowed within protected areas except in strict protection zones and strict nature reserves. The PAMB may recommend the issuance of tenurial instrum ent subj ect to compli ance to ECC and payment of corresponding user fee equivalent to five percent (5%) of the zonal value of commercial land within the nearest barangay or municipality where the project is located multiplied by the area of development plus one percent (1 %) value of improvement as premium: Provided, That the activity sh all not be detrimental to ecosystem functions and biodiversity, and cultmal practices and traditions. "A sufficient bond shall be remitted by the pr oponent to t h e DE NR to be re leased to the depository bank .in the event of damage by or closme of the establishment after satisfactory rehabilitation according to the zones and objectives of the management plan as attested to by the PA.NIB." ''SEC. 26. Local Go vernment Units (LGUs). The LGUs within the protected area shall participate in its management through representation in the PANIB as provided for in this Act. Said LGUs may appropriate portions of their share from the annual internal revenue allotment and other income for use of the protected a rea: Provided, That a ll funds directly coming from the LGUs shall be exempted from the twe nty -five percent (25%) re mittance requirement for the IPAF under Section 16 hereof. "The LGUs shall continue to impose and collect other fees not enumerated under Section 16 hereof which they have traditionally collected , such as ./ I business permits and rentals of LGU facilities : Pro uided, That the LGUs shall not impose property tax on properties owned by the government nor issue any tax declaxation for areas covered by the protected area. Furthermore, LGUs may charge add-ons to fees imposed by the PAlVIB: Prouided, That such add-ons shall be based on the contribution of the LGUs in the maintenance and protection of the protected area. "LGUs with territory inside protected areas shall align their CLUPs, local development plans, disaster risk reduction management plans and other required plans according to the objectives specified herein and in the protected area management plans. 'vVithin six (6) months from the approval of the protected area management plan, the P AMB and the PASU sha ll collaborate with the LGU concerned in the formulation of the CLUP and other local plans and in the enforcement thereof. The concerned LGU official shall be held administratively and criminally liable for failure to enforce and/or implement the provisions of this Act." "SEC. 27. Reporting R esponsibility . - The PASU, through the PAMB, shall submit an annual accomplishment report of the protected area to the Secretary of the DE NR through the BMB. A report on the conditions and benefits of the biological resomces and ecosystem services of the protected area shall also be submitted by the PASU , through channels, to the Secretary of the DENR every five (5) years. Consequently , the BMB shall likewise prepare a National State of Protected Areas (NSPAs) report ever y five (5) years and shall submit the same to the President, the Senate and the House of Representatives." "SEC. 28. Appropriations. - The Secretary of the DENR shall immediately include in the DENR's program the implementation of this Act, the funding of which sh all be included in the annual General Appropriations Act." ·'SEC. 29. Constrnction and Interpretation. The provisions of this Act shall be construed liberally in favor of the protection and rehabilitation of the protected area and the conser vation and restoration of its biological diversity, taking into account the needs and interests of qualified tenured migrants , vested rights, IPs and local communities, and the benefits from ecosystem services and functions of protected areas, for present and future generations: Pro vided, That nothing in this Act shall be construed as a diminution of local autonomy or in derogation of ancestral domain rights under the Indigenous Peoples' Rights Act of 1997." "SEC 30. Subsequent Site-Specifi c Legislation. Upon the generation of site -specific requirements for new legislation, the PAl'vIB, through the DENR, shall endorse to Congress for its consideration and enactment site-specifi c proposals to appropriately respond to the distinct and particular needs and conservation requirements of the protected areas in each locality. Protected areas that may be later established or declared pursuant to this Act shall likewise undergo the sa me r eq u ireme n ts of site-specific legislation." "SEC . 31. Joint Congressional Ouersight Co mmittee . - To monitor a nd ove r see the implementation of this Act, a Joint Congressional Oversight Committee is hereby created. It shall be compose d of the Cha irp ersons of the Senate Committee on Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and Co-chairperson, respectively, five (5) members each from the Senate and the House of Representatives as members: Prouided, That two (2) of the fi ve (5) members a re nominated by the respective minority leaders of the Senate and the House of Representatives." "SEC. 32. lm,plementi.ng Rules and Regulations (IRR). - Within six (6) months from the effectivity 13 44 of this Act, the DENR shall prepare the IRR of this Act." "SEC. 33. Transitory Provision. - In order to enhance 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 other instruments that allow utilization of r esources within the protected area until the management plan shall have been put into effect. "All existing land use and resource use permits issued for purposes which are authorized within the protected area shall be reviewed and shall not be renewed upon their expi.xation unless consistent with the management plan and approved by the PA.t"\1B ." SEC. 21. Sepa.ra.bility Clause. - If any provision of this Act is declared unconstitutional or invalid, other parts or provisions hereof not affected thereby shall continue to be in full force and effect. SEC. 22 . R epealing Cla.iLse. - All laws , decrees , executive orders, rules and regulations or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly . SEC. 23. Effectivity . - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved, / ,., PANTALEON D. Speaker of th of Represent 1" (] ' 1\ ;\ ,-/ -->\ • . \ ¥~~'-./- \ v;t\ AQUIL O "KOKO" PilVIENTEL lIJ President of the Senate 45 This Act which is a consolidation of Senate Bill No. 1444 and House Bill No. 6772 was passed by the Senate and the House of Representatives on March 21 , 2018. o~ ~ CESAR Sr Secret01y General House of Representatives / LUTGARDO B. BARBO Secret01y of the Senate Approved: .; lm 2 2 2D'l8 President of the Philippines REPUBLIC OF THE PHILIPPINES PRRD 2016 - 006401 0 Office of ~ Pres~t M,\1,..A(.Alll-"NG RECORDS OFFTCE , Am. 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