_—_—_—_ Repub of te Blitynes Congress of the Wkjlippines Mts ail Seni Congese Secon Regular Season ‘Begun and he in Meto Mais, 09 Mocdy, the twenty-fourth ‘ayo ly tard sever [Repusic Act No. 11038] AN ACT DECLARING PROTECTED AREAS AND PROVIDING POR THEIR MANAGEMENT. ANENDING FOR THIS PURPOSE REPUBLIC ACT NO. 7686, OTHERWISE KNOWN AS THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992" AND FOR OTHER PURPOSES Be itenactd hy the Senate and House of Representsives ofthe ‘Philippines in Congrene assembled SECTION 1. Title. ~ This Act atall be knowa. and ‘ferred to asthe “Expanded Natinal Integrated Protected Anwar Spates et of 2018" ‘Soo. 2 Section 2 of Republic Act No. 7586 is herby amended to read a0 fllows ‘SEC. 2. Delartion of Policy. ~ Cognicant of the profound smpact of hunan seivites on all ‘components of the astral environment partiallythe effect of increasing population, resource Mpisieaton ond industrial advancement, and ‘ekigang the exit portance of protecting end ‘emtuining the perusal: bulogcal, and. physical ‘Bounties af the environment otal on ates with ‘Sogaly aque fates to cutain human ie end development, az yell ax plant and snimal i, is ove declawed the plc of the State to ecu fr The Faipine people af present and for future Tberations the perpetaaleaistence of all native fant and animals theoogh the etablishment of «| ‘ltprobense etch of tlegrated protected reas ‘Tn the clasafaxbon of tabonal park as provided Torin the Contain. tie hereby recognized that there areas aithoush distinct sm featores, possess common Sigel values thot say be incorporated into & Teitutie plan to conserve and protec our natural ettage thot eecive mansion of these arene Epomble only through cooperation among the “Satna government lol governments, concerbed Tngocenment ganizations, private ongeniations nila communities; Uhat the use and enjoyment Pibeae potted aya st be eanseteat withthe prinaipee of Dislogisl diversity and sustainable fevelopment ‘to this end there ig beveby established ational Integrated Protected Areas Sytem (IPAS), tric shall ebeomase ecnlogically rich and ume {reus end biologically important public lands that Sw atitae of rare and threatened spe of plants fina animals, biogeographic zones and related SRiyatems, whether tamer, wetland or marine Silt which shall be devignated se protected area ‘The System call recognise conservation arens and {he managecent sepnes being implemented by Socal fovermment nis (LGUs), lel communities and Indigenous peoples OPe) “The State ebll ene the (implementation of har he, the mobilization of resources for the Inatitatonal neces herein estab, and the fill scientific and technical support needed for the cneeraton of bediversty and the Integy ofthe ‘corystems, cultre and indigenous practices” SEC. 9. Section 4 of Republic Act No. 7586 Se herehy mended 19 ree 98 fellows: SEC 4, Definition of Tera. ~ For purposes of this Act, the fellowing terms shall be defined a= {el (@) Biological diversity or biodiversity refers ‘the vanailty among living organisms from all ‘coures including. tater aia, terest. manne nd ther aque ecosystems andthe ecingeal compen ff which they ave part thi inelues vera Within fpecies,Hetwoen apeses and of eieyteme "@) Bioprospeting zefere to the vesoerch, Collection. and utzation of bilogcal and genetic ‘esoucee for purpores of applying the knowledge Aowved thereftom oly fo commercial purposes se ale nner eed rece ‘the boundarice of and immediately adjacent 10 deviguated protected areas that need special Sevelopment conta in cede to avoid cr minimize hrm tothe proteeted ats 18) Byproducts or Deivotves refer to parts then or eubstances extracted fom wild, in raw oF in proeaed for “) Collecting efor wo the act of gathering or harvesting wife and it y-proda or derivatives “U Conteyance refers to every kind of vessel, Including motorized or nonmotorized vehicles rondplacement cats and seaplanee thats used (rimay be ued as a means of anaporttion ola Gf water: e shall include everything found erin, ‘cpt personal lect“4@) Detincotion refers to the actu ground curvy of the boundaries of protected aese and ther Daller sones and management and management zones sing the gabal pooning system (GPS) ot cher appheable cuvey inetruments and techie, ‘vith the intention of producing a rap of the area “(e) Demarcation refers to the etablichment of the boundaries of protected areae and their buon Zones unng visible markers, monuments, buoys fn ‘ase of maine areas, and known naturel eats fd Iandmarks, among other, terull of the Sete pound delineation: 1) Feoeystom goode and services refer to the suite of enter nd nonmaterl provisioned Benefits from healthy eooeysteme necessary for human sustenance, well-being, ané survival including support processes, provisioning and fnvisonment regulating services, and cultural seooce precervetin cevies °9)_Bademic species eter to the specie oF subspecies of flora and fauna shich are hatiraly ‘securing and found sithin specie areas in the “(k) Erotic species refer to the species of sstepeies of fra and fauna which donot aataraly feeur within the protected avea at present o in Instore mes A) Exploration refer to the act of searching or proepeting for mineral rerorcen, oa defined by Town, by geological, geochemical or geophysical surveys, Tomote sensing, test pitting senchin Arline, shalt winking. tunneling or any other ‘aeans for the purpose of dlerminng the existence ‘stent, quant and quality of reeoues in an are snd the feaabiity of wtlaingthece resources for prt (e) Gear refers to any instrument or device and ste secesorice ullined in taking. catching fathering, fling, hunting, destosng, @etubing. Femoving, or possessing resources within the protected es "() Genetically modified organiem (GMO) efor to any Ding organi thet possesses a novel fombination of genetic mstenal through the uee of ‘modern bstehnobor “(o) Hunting refere to the killing oF catching ‘of wid fauna for fr and recreational pages with the wee of weapons such se gune, bow and sow, ‘pent, tape and snares and the Ike (@) Indigenous Cultural Camonity 1CC)/ Indigenous People IP) velers ts group of people hering common honds of language, cuetoms, traditions, and other dstnesive earl eit nd ‘tho ve, ante stinemril oxspid, possessed ed wtlized a tetany (@) Integrated Protected Area Fund (PAP) efere to the specal account established for the Durpose of financing projects of the NIPAS and Indiduel protected sess: “) Invasive alien species refer to specie Introduced debberately oF unintentionally eutide thee natural habitats where they have the eiity tw establish themselves, invade, oucompete native species, and take over the new environment (@) Keingin refers to the slash-and-burn cultivation of vegetted and in a protected area ‘whether cospied or nt, shifting and permanent ‘th Lite oF no provision to prevent eal eveion “W) Mulipleace sone rfers tthe avon where cetement, trditonel snd sustainable land aeincluding agriculture, agroforestry, extraction Activities, and income generating oF livelihood Sctiates may be allowed tothe extent presibed in the protect area management plan: (u) National Integroted Protected Arvas ‘Systm (NIPAS) refers t0 the Casifeation and fdminitration of ll designatod protected areas to ‘ann exert elogial preceees ad ife-apror. Systems, 1 preserve genetic diversity, t0 enaire ‘Sunttinable Ge of resources found therein, and to Tnainiin thelr natural conditions to the areatest fxtent pone 8) Nation pork vefre to the lands of the ble domain clstfid ab such inthe Coneitution ‘which ince al anees under the NIPAS pursuant to this Act, primary designated for tho conservation fof native plants and animals, their associated biota cultural versity tw Natrol biotic area refers to an are set side tallow the way of life of societies Ling im harmony with the envionment to adapt ta modern tedinology at their pace ig) Natural monument refers to a relstiely sll sea fused on the protection of small fstaree to potent or preserve nationally sgnficnt natal stares on scmunt of hee ape terest ore sharacerates 1) Nolaral park refers tm relatively large en ast matesally alesed by human sts where ‘stractive rerource wavs are not allowed and ie ‘naintained te protect olatnding natal ad sonic tne of national or interatonal sgeibcane for ‘ete, educational, and racretional sae “Occupying refers to a continuous stay of individuals or groupe within « protected sree, Whether residing or engaging inthe cultivation of Tan or Shing ar sore than twenty our (2 hows (aa) Poaching vlere to gathering, clleting, possessing products of nat rabies fom the Protected area by nny nvidul person, corportion ‘r entity whether lal or foreign: inthe came Diane potted areas operating any fereign fing ‘ates by any person corporation or entity without (bh) Protected avo refers to dented partons of land andor water aot ide y reason of thee Unique phil and bslopealsiicance, managed {W enhance bilopical divert ait pected gaint Akstrcive human exploitation “(co Protected ars oceupont refer to persone who are reeling, utlaing, and culating arent Tthin the protected area” These include pavate ‘uners, [Pe tenured ignite ad infarmal eters “da) Protected Arva Retained Income Account refers tothe trast fu maintained by any protected nea and administered by the respective Protected ‘Area Management Boards (PAMB) created purmsant to thie Act representing the seventy-five percent (10%) of eventos generated fom the protected area to cuppor ite operation and management: "eo) Protected landecopes and/or seascapes refer t areas of national sigiicance which 3 ‘haeactrized by the harmonious interacian of an fp apd and Water while providing opportunites fr buble enoyment through secretion, tourism, nd ‘ther scone activities if) Proce specie refer to plant or sinale Akard protected under Phiippine ls rus ad regulations, These shall inslode all specie hited Linder the Convention on International Trade in Endangered Species of Wilt Fauna nod Flea sa allste Annexes. the Convention om the Conservation of “Migratory Species (CMS). those apeied der the edit catogories of the Internatinal Union for Conservation of Netre ond Natural Resources UCN). or any plant oF animal which the Department of Environment and Natral Resouces ENR), PAMB cr any government agency Mey Alem necenary for conservation and preseraton 10 the protected ave: (Ee) Quorrsing refers to the process of extracting. removing end disposing sand, gravel, fuano, limestone, abd all cther resouree used st Thulding and construction materiale that ee found within the protected ves: hh) Resource reserve seers to an extensive, relatively isolate, and uninabited area which ic Aiea to noose and designated fo protect the ‘patral resources of the aren for fture ie cid ‘revent or contin develrpment artes that od ‘Mice the resources, pening the establishment of fustanale resource ubliztion goal which are Hose Upon appropiate ifmaton and planning i) Special Account in the General Fund (SAGE) refere to the trust fund deponted in the ‘atonal esewy representing the Swenlyive percent (25%) ofthe revenuoe generated from the operation of ovual protect tea and earmarked to ouppet the NIPAS; 'W) Stet nonwre reserve sefere to an ea sceing come oustanding ecosystem eatres, and Epecoe of fora and fauna of national scientific Itaportance that shoud be maintained to potct and Dreeerve nature in ste undisturbed state and to Dresorve ealgially representative examples ofthe ‘tara envionment to ensure heir alibi for oentii ely, environmental moniaring, education, ‘and forthe maintenance of genetic resources in & Aynamic and evolutionary state “(ek Toned migrante refer to protected rea neupanta wha have been scaly continual sd ly occupying @ portion ofthe pratcted ares for five (@) yeas before the prelamation or lee ‘ntblshing the same ne protested sea, and are (ney dependent therein for substan ‘) Threatened apecies refer to opecice ox subspecies considered cntially endangered alnerable, or other accepted categorie of wide ‘whose population i a rick of extinction “omm) Wilands rer to a wide varity of inka habitate rach ar marshes, peatlands, odplaie, ‘snd constal sreag such ne faltarshes, mangroves intertidal mudate and feagrate beds and also coral rea and oer marine faveae no deeper than ax (6) meters at lw de ae ‘roll a2 homen-made wetlands such oe dee Teerwore ree pods and wastewater treatment onde and lagone on) Wildlife vlers to the wild forme and varies of lore and fauna, in all evslpmental ages, including Choe which ate i captor se teing bred, fed, or propagated: and ox) Wildlife Saneuory refers to an tea which sssurs the natural conditions necesary to protect Iationelysignieant spain, groupe of pes otc Communities or physical features ofthe enronment ‘which may roqure spec human manipulation far ‘heir perpetuation” SHC. 4. Section 6 of Republic Act No. 7586 ie hereby amended 10 read ae fellows ‘SEC, 5, Betablishment and Extent of the Syutem. The emablihment and operationalization ‘ofthe System chal nvelve Ue Slowing (a) All eas or islands in the Philippines proclaimed, designated or set este, purunnt to aJaw, presidental decree, presbeniel roeamation oe sce order ab ational park. game refuge bird tnd wildlife sapcuary, witness area, ate natine ‘sure, Waterahd, mangrove reer fish tansy, fatural and hstorical Iman, protected and managed landscapefseascape as well as old growth “ Bota eters war ieoasaneeree aa , sobeghier somes = fetes bite eae fiat = aac beeen re to HE trees Usough acts of Crees teow paces ee ie = Riot aera = ot Eee —= \ ee = Z = . oe = =| SS ae = =Fate | ell]‘The boundaries and technical descriptions of tach protected atea at desribed im the attached ‘Annex which are duly certified acurate on every page thereof by the National Mapping and Resource Infanmaton Authrty (NAMRIA) ee heey adopted tnd made an integra part herest “The DENR, with the assistance of other sovernment agence if meossary bal delineate ae ‘demarcate on the ground the boundaries of each preted rea which abl not be modiid sce by En act of Compre “a2) The Remaining Initial Component. — ‘Within ‘three () years from the effectivity of thie ‘Act, the DENR shall undevtale the flowing ‘satitig in preparation forthe establish of the Femaining initio components ae protected eae through an act of Congres: 10) Provide maps and scene deseripins of he areas 12) Conduct suitability aeeeement of he areas, sod (@) Conduct public conelttions “Any initia component that doesnot sss the abovementioned requirementa shall be Aiseatablahed pursuant to Section 7 of this At °Q) All DENR records pertaining to eid protected areas, sncloding mape and techovcal ‘Sconptions or natural boundaries, copie of alee fand regulations governing thei, copes of public notices of, and reports submitted to Congress Fegarding pending adéitions, liminations oF ‘alifestions shall be made salable tothe pi ‘Theo legel decumente pertaining to prvacted aes Shall aleo be avalable to dhe pub inthe respective ENR Roponal Ofc, Prounaal Enevonsnent ad [Natural Roars Offices (PENRO) and Cnmuaity Environment and Natural Resouress Offic (CENROs) and Protected Area Management Offcee IPAMOn where protected areas ae located ‘e) The DENR ball conduct « suitability azscoament foreach ofthe propsed protected anes If found eustable for snelasion in the. System ‘acondng 9 the categones established in Seton 3 hero, report containing the following iene sll ‘be rubmitted tothe president ab anon asthe sly is completed, to wi! “A) A protected aren acsupants survey (2) An ethnographic stay 1) A protected area resource profil 1) Land ond water use plans; and ") Other background studs "d) In the conduct of public consuitstion, the DENR all “ep Not the pub of prepared action throng publston ina newspaper of general ciation apd uch other meant including. notices tothe eakeholdare that wil ely be alested thin the Teepodive Ioclties, thirty (30) days print to the Public consletion 12) Conduct pubiie ameuation at lostions near the proposed protected area “Insite all ea government nite (LGU) in the atfectad areas, national agencies concerned people's organizations (POs) and nongovernment Grgenzatione (NGOs) and neque for sorespotding boston papers: end 1) Prepare recommendations based on the views and comments gathered from the public ‘ulation(©) Upon receipt ofthe resommendations ofthe SEC. 9 Management Plan. ~ Within one (2) ENE. the President abel true a prolasstion ear from the estabishatent of the protected ees, establishing the proposed protected. ateas and there shall be 4 management plan formated er ‘roving for messes for thie protection unl the ach protected area that shall serve as the hase {iow when Congres shall hve enacted law finally Jongsrmn fsueworkplaa fr the managerent othe Aeclaring the recommended areas se part of the protected area snd guide an the preparation of se ‘Sytem: and ‘mua! operation plan and budget. “i Upon completion ofthe appropiate review, “The management plan shallot the minimum, {he President al ecmmend to the Sent sl he promote the adoption and inpleaentation of House of Representatives the destin of pitied Innovative management techniques ineading, when areas or relation ofeach are necenary, soning. baller sone managetent. habitat conservation and rehabilitation, diversity S80. 5. Seetion 6 of Republe Act No. 7586 ie hereby lenogement, “communtiy organizing and amended to reed a follows: ‘fevelopment, scictonomic and aoente researches Steapecie policy development. climate change "SEC. 6 Addlvonal Areas tobe Intute into fdaptation and mitigation, disaster snk reduction the System. — Upon the recommendation of the tnd menagement, waste sewerage and septic DENI additional areas with unique physical Ianagement. and gender and development, among featores, anthropological significance and high thers lgieal dieveity maybe pooped fr inclusions part of the System Soch arest ball underge the Phe plan shall be harmonized with the aime procedure asthe retaiing itil components Ancectzal Domain Sestainsble Developtient and Tor legislative enactment Protection Plan (ADSDPP) reqused under Republic Act No, 8971, ar The Indigenous People's Rights Ast SEC. 6. Section 8 of Republic Act No, 7586 is hereby ff 1997, the respective Comprehensive Land Use mended to read af flows: Plane (CLUPa} of lea governments required under Republic Act No, T160 or the ‘Lac Government ‘SEC. 8. Buffer Zones. ~ When necesesty, the Cate of 1881 end other acl plans” DENK Secretary, upon the recommendstion ofthe PAMB, may designate srene surrounding the ‘SEC, 8. Section 10 of Republic Act No. 7886 it herby protected reas ax buffer tones forthe purpote of mended to re4d 98 follow Drotiding exten layer of protection where stone say be applied: Prova, That, in saate where the ‘SEC. 10. Administration and Management of Alsjgnated buf ane wand cer private lands the the Sytem. ~ The National Integrated Pruected fwnere thereof aball be required to design their “Area System (NTPAS) i hereby placed under the ‘Eeelopment sith due ooadaration to the preted ‘engot sn adiniatation of the DEN Whough the fren management plan” Hiedversty Management Bureau (BMB) ‘SEC. 1. Section 9 of Repubhe Act No, 7556 ie hereby “To carey out the mandate of thie Ack the send 0 rea a fellows Secretary of the DENR ie empomered to pene the folowing act8 a) Tesue a eystemowide set of rulee and regulations to implement the provisions of thie Ac °) Set standard. procedures, and pac for ‘the establishment and management of protected ‘reas and the Seton. euch as, but not limited to Conic of study zoning esew of plane and proaet Dreponals,speciientone and type of buldinge end ther stractures, al inmtalltion of we anhere and symbol; e) Deputize ld officers and other tachrical and support personne a) Determine 9 ayer. wide sot of fee and charges to ennire sustainable financing of protected tess and the Seen @) Impoee administrative fines and penalties “1h Report on the status of the Integrated Protected Area Fund (IPAM) it ellen of foe, ad disbursements from the IPAP: “@) Designate the appoprinte Chairperson of och PAMB: 1h) Boter into contracts andor agreements ‘with pnvate entities or public agencies ae may be ecctary to cary out the abyectivs of the Sytem, 10) Actept in the name of the Philippine Government and in bebalf of NIPAS fonds ite or Inquest of money fr immediate disburse or ther property in the interest of the NIPAS, its ') Call on sny agency or istrumentety of the Government ac well as academic intone, [NGOs and the private ator an may be neccesary 1 accomplish the chjectives and activitie of the Syatem: ( Submit an annul sept tothe President sand to Congress in the country. Q) Oversee and set guidelines in the construction. eperation and maintenance of reads tenis, waterwors, ewrage zyetoms fe protcton, and sanitation systems end other publi whites within the protected area (x) Within the limits allowed by exiting laws ‘ulead seglations, ensure that stlement afer Inside the petected aren shall not bs expanded snd that coverage shal oly be limited to the orginal stele ocupied by tenured migrants and indigent ‘omnes; nd a) Perform euch otber functions a may be Aected by the Precdont of the Republic of the Philippines, and to do such acts ae may be eceamry to the axcenlehment of the purges ad djesives ofthe Sytem” ‘SEC. 9 Section 11 of Republic Act No, 7886 ie bersby amended to read ae fellows “Spo. 11, Protected Area Management Board (PMB). ~ Within these (3) months after the letty ofthe Ac.» PAM shall be created for ach of the proteted areas devgnated ae initial ‘onponent. tabled by preidontl podamation, Sod declared by law. The Board sbal be composed tf the flowing: "g) DENR Regional Director under whoee Suviadietion the pootected ase ie lcatcd, ae ‘Chaxperene() Governovs of the province where the protected ayea x lated o their duly deignsted representatives © A Senator of the Republic of the Phipps who is a duly registered yesdent of the city or ‘Province where the peta se esto «uly [ulbared representative, nls the Senator deine tmembership in the PAM: \d) Distt Representa ofthe Congresons ioteve whore the protected areas ented ov tei? Aly desigeted vepresentatives, unless the Distt epresntativedechinesmemership in the PAE: “(o) Mayors of the efits or municipality ‘municipalities where tho protected are is lead er {heir daly designated representatives 1) Chairpersons ofthe harangnie where the protected area located “@) Regional Dixectora of the following government tgences, namely: the Department of Agriculture (DA), the Nations! Beonowie. and Development Authority (NEDA), the Deparaient of [Science and Technology (DOST), the Philpine National Police (PND), and the Depastanent of National Defense (OND) 1h) Tee () representatives from either an NGO or PO, duly sceredited bith by the DENR and the provincial government. The NGO ot PO eprcbnted should hae heen in eis fr at set {ive () yours and with track ror ino tla ‘reacted area managements “At least ope (1) but not more than thes (@) representatives fom all the IPaIGCa prevent in ‘the atea apd recognized by the Netions) Camaisios ‘on Indigenous Peoples (NCIP} ') One (1) representative from an academic snataton, pefray fom a univemty lle in the province where the protected aca ie leated ‘with proven Weck reeurd In oF Folate to the protested area manogement snd 1k) One (1) representative fom the private sector, preferably a veadent of the province Where the protected ace is loated, wh i dstingvisbed tn profeson or eld of interest relevant to the protected area management "Ee ofcio membere or members of the PAMB. by virtue of ther slctive or appeintve government Dostione ae spied in the immodetely preceding Erbparagrepe (abe (ey and. shal Seve fr the drt of thei respecte terme af Gif in their respective elecive or appeintive "On the other ad. the mesbers ofthe PAM specified under subparagraphs (Dad 0) of this section shall bo ppointed by the DENR Scetary aftr the conduct of raeparene and it telecon pronees They shall ench serve term of fhe (Gh sears and may be zeappinted fr another “Te mensert ofthe PAM sal eve without compentation. except for the actual ani neceasary traveling and subestence expenses ineured in the performance ef Oe do either in tet attendance {meetings ofthe PAMB or sn connec with oer tical business sulherand through a selon of ‘he PAMB, subject to easing rules and egulone Exch member shall have the fll capacity snd sccounablty for decions binding tothe member “The PAMB member duly appointed price 10 the efetivty of thin Act shall cotinse ther tern tnt the expiaion of their appeintment Theremembers of the management board shall be ‘ppointed in aserdanee withthe proviaone of ths ‘Act: Provided, That the Regional Decor of the DDENR shall naire tht the tslevant member ofthe PAMB are daly appointed by the DENR. Secretary Provide, arth. Pt at eo forty percent (0) ‘tthe PAME mentee shall be women, purcuant to Republic Act No. 9710 or ‘The Magne Carta of Wome’ “A member ofthe PAMB may be removed for any ofthe following rounds “11) Moe than three () consecutive unexcused abecooee fom regular mestings ofthe management tear ‘@) Commission of acts prejudicial to the management of protected srese as embodied in Section 20 hereol andor other essting rules and egulatone governing protected ares (8) Dissssociation from the office or organization being represcnied: “Termination of relationship with the office or organization bung represented: or "®) Conviction by final judgment of any criminal st SEC. 10, Insort two 2) new atctions ater Section 11 of Republe Act No. 7886 to read ay fellows “SEC. ILA, Powers and Functions of the ‘PAME,. ~The PAMB shall have the allowing powers fad fonctions: a) Orerce the management of the prtected 1) Approve polis, plans and programs, propeals, agreements, and other related documents Er'the suanagement of the protected areas “@) Approve the management plan of the protested area ond enetre te harmonisation and Inegration with the ADSDPP, land use plan aid ther development plan, public or pevat, and ie ‘plementation “) Adopt ¢ manual of opvations to include rules of procedures in the conduct of business, and the ewation of ommittece cod thar rept tre of erence: "e) Recommend the deputation of appropriate tgencis and sndivsdunla for the enorooment ofthe Tawa, rules and regulations governing the anagement of the protected arc, f) Allocats financial rezourees for the implementation of the management plen and tanage the Protected Area Retention Income [count and other funds in asmdance withthe ssoounting and budgeting rule and regulations: ig) Set foes and charges in accordance with siting uidelines: (h) Toeue roles and regulations for the ecolution of conflicts through appropriate and ‘fective means, “Ap Recommend appropriate policy change to the DENR and other goverament authors: 1) Monitor and ese the performance of the Protected Area Superinendent (PASU) and other Proeced aon permenel and compliance of pariers ‘nih the terme and conditions of any undertaking ‘Sontract oF agreement“Ik) Recommend from among thirst of ‘qualified candidates, the designation or appoinient of the PASU; and 0) Assos tho effctivenose ofthe munagement of the protected area: Provided, That the members of the management board represoting the LGUs fand national agencies im the PAMB. shall fon, their respective constituents offices of setae of PAMB approved cr other relevant polices, rulee, regulations, programs, and projects and shal nie that the provisions uf this At and ste implementing rulee and regulations ae complied with and od ‘= teers and framewerk in their rexpective pans Posies, programs, and projects Failure to comply ith the foregoing cal be the basis fr discplinary ction” ageinet. euch member. according’ to Sdminiatrative rules ond regulations snd such penalties as the PAMB may. prove: Provided Jurer, That the DENR. theouh the Regions Director, shall ensure thatthe PAM acta within the scope of ita powers and functions. In cae of ‘met hetween the restos esd bythe PAB fd the esting administrative ordre of national {pplication the later aball prevail” “SPC, 11-B, The Pots Area Monagement Office (PAMO), — There re hereby established Protected Area Managoment Office (PAMO) to be headed by a Protctd Area Superintendent (PASU) with e permanent plantilla postion who shall fapevise the day today management, protectin and ‘administration of the protected area. A suficent ‘number of support staff with permanent plantlla ‘ostion shall be appointed by the DEN to asst the PASU in the management of the protected snes “The PASU shall be primarily scountable to ‘he PAMB and the DENR for the nanagement and operations af the protected ares, Patent theca the PASD shall have the following ditiee and esponsbities (a) Prepare the management. plan, in consultation with the staebeldern, ichuding the Stnnual work and finandiel plane and enero ite Implementation ") Breure the ntgeton ofthe protic area smanagemont plana programe, projets and plies with relevant netonal and LGUs plane snd “Provide secretariat services to the PANE and its committees and ensure the avalbity of ‘mlevant and timely information for deaon-maane “@)Pormulate ond recommend to the PAMB propaced polices, rie regulations, and programs “(e)Batablah operate, nd mits 9 dabane management system which shell be at ipertent nae for decinon-nahing 6) Bnfore the laws, rulee and regulations televant to the protected area, commence snd Institute admpistyative ond legal actions in Collaboration with other government agencies ot Drganizations, and sesist in the prorecuion of tffenses committed in violation of this At (@) Monitor, evaluste, and report the Implementation of mansgement activitiee of the protected area: (@) Requect for and receive any technical stsistance, support or advice Irom any ageniy ot instrumentality of the government es well se seademic inmttutions, NGOs, and the private stn, fe may be necessary forthe elective management Drotection and administration ofthe protected ares i) aove permite an clears for activities thot implement the management plan abd other2 permitted activites in accordance with term Sondition, and erierse etalibed by the PANE: Proved, That all permits for extraction setter induding caletion for research purpoes, shall las ‘ontinue tobe sued by relevant authors, subject to prur clearapoe ftom the PANB, through the PPABL in sccordance with the spe acta to be cere 1) Collect andlor receive pertinent fe, ‘charges donate, and ther nse for the protected re Provided, That such fea, charges, donations fd ether income cctdheeived sal be reported ‘glory to the PAMB and the DENTE in acerdance ‘th existing guidelines: ‘&) Prepare and recommend to the PAMB, spproval ofthe annual work and financial plane of the protected area based on the management plan: soa “Peri euch other functions es tho PAM snd the DENR may esign “The PAMO may be augmented by the Aeputized local environment and naturel roars ‘fers upon the renummendaion of the PAM and Spproval ofthe DENE ‘$60.11, Section 12 of Republic Act No, T586 ia hereby mended to read ay fallones “Sue. 12. Environmental Impact Assessment (E14). ~ Copaidering thet protected arene are Sovironmentally ene areas, the proponent of development projets and acuvitee with potentially ‘Sgnifrant alverse impacts ao determined by the Environmental Management Bureau (EME), whethae not those prota or stints are included inthe Sanagement pan, shall secure an Environmental CComphance Cerca (ECC) im secrdanoe wth the Philippine Epvironment Impact Statement (EIS) System: rosie, That or development poets and setiitie that are ot environmentally ten. an Inti environmentel examination (IEE) ahall be Undertaken instead ofa fullblown EIA. No project Gr setinty may he undertaken by any project proponent without prior clearance fom the PAMB, ‘The DENR shall require the eubminsion of the PAMB clearance, among others, before arene 90 ECC to a project proponent ‘No setusl implementation of such activities shall be alowed without the requ ECC under the Phikppine BIA Syst. Vieaton of envronental Jaws ules and regulations, including thove under the BIA System, shall be penalised accordingly ‘Su. 12. Section 15 of Republic Act No. 7886 ie hereby amended to read na fll SEC. 15. Ancttnal Domains and Customary Fights. — Ancetral domains ond customary nehis ‘hall te aosrded due reopen. “As part of hetage preservation and pursuant to the need to conerve ological ignseat rear the teetarce and ares cupid abd conserved er tnd by [Pe end communities shall be recognized respected, developed, and promoted ‘The 1GCs and 1Ps concerned shall have the responaiity to govern, maintain, develop, protec fd conserve such areas a accordance with thet Indigenous knowledge systems and practices and ctomay law, ith fll nd eflctve ast fro the NCIP, DENR std other concerned government “A mechaniem for coordination and complementation between the indigenous traditional leadership and governance etracones and the NTP. DEN, government agencite, concersed LOVe and ‘ul sacetyorganiations tall be crestedSBC. 18. Section 14 of Republic Act No. 7586 ie hesby amended to read as fallows: ‘SEC. 4, Breray Resources. ~ Consistent with the policies declared sn Section 2 hereof, the tplration for energy resourene many be allowed in protected areas nly fr the purpose of entering data Sn information and ony f such activity ened fur withthe leet damage to surounding areae “Surveys for nonronewable energy pot shall be conducted only in soordance with a program spproved by the DENR. andthe result of such urveys shall be made available to the publi ad fubmitied to the President who shall make the Sppropriate recommendations to Congress. The Aevelpavent and eperation of ronrencable energy projets are prohibited in areas categraed a tit Datare reserves and natural parks Renewable energy proecte may be allowed within the protected area ty the PAMB with the ‘Scurrence of the DENK Secretary: Provided, That eneable energy projects, which aball be lested Outside the stick prtecson snes bal undergo the EIA 5 provided by lav, and shall adopt reduced lupoct tchnclogies co a2 not to be detrimental #o feoeystem functions, bioderaty, cultura practices fan traditions Proud, That shit hand hall be remitid by the proponent to the DENR. The mount of which wil be beoed om damage estimation ‘upon decommissioning and. projected. cost of ‘habitation. Te tall be released to the dsponitor Upon the satisfectory decommissioning of al ‘equipment, structures and improvements and the Fehahiitation ofthe se sexing tothe mes and ‘bjectives of the managetent plan ab attested Lo by the PAM.” SEC. 14. Section 15 of Republic Act No, T586 is hereby amended t read as flows S80. 18. Aras Under the Managemen of Ober Deportmente and’ Govemment Instrumentals, ‘Should there be potted areas or porns there tuner the friction af government snrtrumentaiies ther than the DENT, sich uted sal emain In he sid department or government instrumental Provided, That the DENR shall tins overtight faction ever 2ud protected avean. and the cones agency shell provide annual reporte on the Management of sald areas focusing on the ‘enwervation ofthe bioderaty therein S00. 18. Seton 16 of Republic Act No. 7555, a¢ amended ty Republic Act No. T0639, herby ster amended fo rea = follows “SHC. 16. Inegroted Protected Area Fund (APA). ~ There i herety ectabisbed 4 tt od to bo known as Integrated Protected. Aves Fund AIPAR for purpose of Gnancing the picts sil ‘asaining the operation of protected areas and the Syetem. Income generated from Uhe operation and anagement ofthe protected see shall sca fo the PAF” The income shal bo derived from fees and charges from the use of resource an cies of protected areas: contnbutions fom indistries aad Freie dives enebting fom the protected ea and euch other fee and ieame derived foe the ‘speraion ofthe protected area “The PANB shall retain seventy-five percent (75%) of all revenues raised though the above ‘meane, which shal be deported in the Protected ‘Aveactained Income Account (PA-RIA) in aay tuthoriaed government depository bank within the locality: Pouided, That disbursements out f sich Aleporit shall be ned ley for the protection, ‘maintenance, adminstraton, nd management of the proceed area and amplementtin of duly approved Drojete of the PANErants, donations, and endowments from srious someetdomeetic o foreign, sll be Uepeted in fll 4 epi serous the Notional ‘Teonury to be wud forthe purpose spated in the deede and instruments overng thew Aluntay o lepslate payments for ecoystem vole and eerviees,tcluding fines, ponalies, and Eompensation for damage fom. protected area ‘Senses shall acre fully to the PRIA and shall be nage by the PAM, The remaining twenty-five percent 54) of revenue shal be depeited 9s »eperialanunt in the General Fund in the Nations! Treaoury fr purpose of financing the projects of the Systems The wse of the [PAP shall be sn aoordanee sth esstng acsountng, budgeting, and auditing ules and regulations: Provided, farther, That the PAP shail not be uoed to cover personal servis sxpenditcs, The DENR shall esbmit othe Departneat of ‘Budget nd Manageisat (DBM and the Department tf Finance (DOF) quarterly reports on the fiance and physical aconplishments on the utization of {he [PAP and uther documents ae may be required ty the DEM and tall forieh 4 copy of the aime to the House Consittee on Appropriations and the Senate Comatitce on Finance See. 16, A new Seton 16: of Repu Act No. 7586 1+ amended by Repube Act No, 1069, shall read a llowe ‘S80. 16-4. Tar Exemption. ~ All grant bequeets and endowments, donations and ontebutsns sade to the protected area fund 10 be tod actually, directly, and exluaively by the Pteeed are, aball be exempted from donors tax ond cb ke considered ne aloweble deduction fom the gree income of the donor for the purpose of lomputing the taxable income of the donor an scrordance with the provisions of the Nabonel Ineenal Revenve Code of 1997, a¢ amended. amended to rend follows: ‘SBC. 19. Special Posesulors and Retained Counsel. ~ Within tie (2 days on hefty ofthis Act, the Department of Janice (DOD) shal appoint specalproseitore to prosecute lations of laws rlee and repuations im protected ares. The cial prosecutor thallcoordimte with che PAM and the PASU in the performance of dies and Srrest and criminal precedures. The PANIB. may Fetan the eres of counel to promote ad sei In the prweetion of cace under the det contol and superman of the regular of epi prosecutor Sid councel shal also rprecent and defend the tmembers ofthe PAM, PASU apd the stall or any DENR-deputized individual and volunteer, exit ony legal sen arsing om the performance of thei were functions std resonates se provided In than Ace tion 19 of Republic vt No. 7586 herchy Spe. 18, Section 20 of Republic Act No. 7586 ie hereb send to read 9 fellows SEC 20, Prohibited Art, - Hseept ae may be lowed by the natore of their categories and Pursuant fo ruler and repute governing the ame, the following acta are probibited within protected ea (a) Poaching, Kling dseting, disturbing of sny wilde inching in private Tana within the protected are "by Hunting, taking, collecting. or poescting of any wife or by-prducte derived thorefomincudng in private lands within the protected area ‘without the necessary permit. authorisation or semption:Pded, That the PASU as euthonaed Dy the PAM shall beue a permit thornton exemption only for euling, scent research, the ‘seeptione provided under Section 2a) of Republic ‘Act No 9147 (Wife Resosnes, Conseretion and Proectun Act) or harvests of nonprotcted species saultplevuse somes by tensted migrants and IPs ©) Cuting gathering, removing oF elleting timber within the protected aren inclaing priate lands therein, without the necessary permit futhoriation, certification of planted freee oF exemption such as for culling ease mpc: exept Tween when sh ata ae done in aordance with the duly recognized praccee of the IPuCCs for subsistence purposes “@) Pomcesing of transporting outside the protected afea any timber ore predict, wii. br by-producte derived therefrom which aye ‘secertatned to have been taken fromthe protected rea other than exobe apes the culling of which bins been sithoried tinder at propriate perm “1) Using any Gising or harveting gear and practice of any oftheir surations that destoye fal reefs segrare beds oF ether marie Iie and ‘heir anecated baat or teeta habit may ‘be determined by the DA or the DENR: Provide, ‘That mere postssion of uch gears within the protected areas shall be primo foci evidence of ie ae *) Domping throwing. sing, of cautng tobe lumped into or peed inthe protected ea of ny toxic chemi], nesious or polonove beanie or ronbiodegradable materal, untrentedserage or Snimal waste or product whether nyse GF 20 stato, neadng pesticides and ater hazards Gubstances ae defied under Republic Aet No, 699, otherwise known as the ‘Toxic Substances and Hazardous and Nacleot Warts Cntol Act of 1980 letrimental to the protected ave. of tothe Plante fad shumele r inbetatante therin a) Operating any motored conveyance within the protected ares withovt permit fray the PAMB, except when the ue of rich motored conveyance 1s the only practical meane of transportation a TPaTCCe in sooeeing their snvetral doainland "hy Akering, removing, deetying or defacing boundary macke or sien ') Engaging in ‘ksngin’ oan any manne, couring fret fires inde the proietted ree 1) Mutiating, defacing, destroying, excavating vondalizing or. in any manner. damaging sn ‘tual fomation, relics spintal, ital sites Stfnts and other objeto of natural Beauty, sore ‘aloe or objeets of interest to IPulCb 18) Damaging end leaving toads and trail in lmaged conden )Literng or depeiting refuse or dels on the ground arin hoiee of water 'm) Possessing or using blasting cape or explosives anpwbere within the protested sre (a) Occupying or dwelling in sy public Land Within the protected aes without Gearae fom the PANE “e)_Construsing, ering or maintaining any lund of wc, fee or encour cndcting any usin enterpre within the pote ata witout Do clearance fom the PAM and port fan the DENR, or conducting thee actitie ina mannerthat ie inonsetent with the management plan du approved by the PAMB: ip) Undertaking mineral exploration oF extraction within the protected ares “Engaging in commercial or quarrying within the protected see eevee (o)tablishing or introducing exotie specie, sncluding GMOs er invasive shen aptcee within the precedes “le) Conducting bioprompecting within the protected area without price PAMB clearance a Secondance with existing guidelines: Pocided, That In addition to the penalty provided herein, any ‘commercial wee of any eubstanee derived from onperattted bopospeting within prtectad area ‘rill sot be allowed and all Tevenve ened rn legal commerclzation thereat shall be fried tnd depoited ae part of the IPAF: () Prospecting. bunting or atherwise loestiog hidden tevseures within the protectd soe “) Purchasing or selling, mortgaging oF leasing lands or ether portion oie protected ares which are covored by any tenure instrument: and “1e) Constructing any permanent structure within the forty (40) metor easement from the high ‘rater mark of ery natral bay of watr or ouing {pent for sich contraction pursuant to Article 51 of Presidential Dees No. 1087 Provided, That conetruction for common usage wharves and Shoreline pelection shall be permed bythe PAM tly afer thevough EIA” ‘SEC. 19. Section 21 of Repube Act No, 7686 ie hereby amended to ret ae follow: ‘SEC. 21. Pnaltit.— Visations under thi Ack hal be subject tothe following penalties: a) A Sine of not lees than Two hundred houscnd peace (P200.000) bat not more than One rion peace (P1,000,000) ar ampraonment frm one CO) year but not more than si (@) year. or both, plus damagee of triple the value of the said sources or bath, ehll be inpoted pan any person ‘who violates paragraphs (a) to (0) of Section 20 tees “(A fine of not ess than Two hundred thousand peace (P200,000) but not more than One nilion pee (2,000,000 ar ppriznment from one ) year but not more than ais () years, or bath, hall be impowed upon any person who visltee paragraph {to (a) of Seaton 20 herein “(6 A fine of not lee thin One million yosor 1,000,000; but "not more than Five milion peace {5,000,000 or imprison fromm ex () year ba ‘not more than twelve (12) sere. ov both shall be Span upon any person who ws argh 10) of Section 20 herein “(d) A fine of Fifty thousand pecos(P50.000) dally shall be smposed on the owner of existing Titer within protected area under Seton 21 of thie Ack sf the existence of the same and its {ucure plane and operations will be detrimental o the protected aren For every continuing visto, ibe wolation eontnuss to be cmited for tity (90) daye and pon reaching «total fine of Five hhundzed thousand pesce (P500,000), the PAM rough the PASU and other deputaed government enlitis, shall cause the eesation of operation nd fither Eee fvor ofthe PAMIO ot detolish the factty at the cont of its owen Ifthe facity fnvernmentned, the ageney n charge cal abit ‘plan fore aubstitue fity eet complies with the protected rea standards and thin one (1) Yr,‘execute the approved protected area management pan \e) Administrative fines of not eee than Fy thousand pesos (P50 000), but sot esereding Five tion pete (P5.000,00), aba be isnpoved by he DENR Secretary for the violation uf any rae regulation. or provision of eny agreement reached with the PAMB: Provided, That stan area which has msained damage fom any activity conducted therein requires tehebiitation or restoration a Aetermined by the court. the offender shall be required to restore or pay compensation fr such lamages, which payment tall sccrue to the TPAF ‘On the bai of eur oder, the DEN cll cause the eviction ofan lender fon the preted fren: Provided, Thet in cases of emergency, the DENR Secretary may order the immediate ent or Aeparture ofthe offender fom the proc ase ‘The DENR Seeretary toe call on ther enforement agoncioe 10 amit in executing the ender 1 vacate "An emergency occurs when there is a demonstrated impending threat to human hfe end Ualieesty ort apes found within the eayetem of the protected sre, ‘All minerals, timber or apeciescllested or removed ftom the protected area, including all quipment, devices, conveyance, and free ued In connection thorewith, shall be fried ta favor of the government. and any construction or Improvement made therean bythe offender sll be fee to contention by the PAMO, subject fo the ‘pica ef due prose. ‘The conveyances, vessels, equipment pseaphornlia, implements, gears, tls and silat fevies eed in the commision of the eine shall be dealt within accrdanee with Part Re 12 (Custody and Dispstion of Seid Nets, Equipment Paraphernalia, Conveyances sid Instrumente) of Adpinistratwe Matter No. 006-880 (Bulee of Procedures for Environmental Cass) ised by the Supreme Court. However, im no cate shall any onfieated or rescued protected animal specie be fold or in any mannet dspowed of bat shall be immediately turned over to the PAMO. for ‘habitation and releas to its natural habitat, Subject to existing repulsion Valuation of the Aamage shall take into account biodiversity and fenservation considerations a wel aesthetic and Scenic value. Tho valustion anf aetsxinent by the DENR, in coordination with other soncerned government agencies, shall be proeumed regular, Uns cherie prove by preponderance "I the offender i an aesaciation o orpration, the president or menage, who is proven to have pantepated in or have astal knowledge of any ‘oltion agaist tho proviione of thi Art shall be Aioctly lable for the ct of the emplayoee end laborere: Provided, finaly; Thst the DENT. may ‘pore edninitrative nee and pte consent vith this Act ‘Any pereon sho shall induce another or enspire to mit any af the net poi in thas ‘Ac or force their workers to somunit aay of the faye, shall be Table ae principe “The penalties specie in this sion shall be im addition tothe penalies provided in Republic Ac No, 972 or the Nelinal Cavers Cae Resource Management and Protection Aet, Republic Act ‘No. 17 or the Wade Resouces Conservation and Protection Act. Republic Act No. 8890 or the Phikppine Ficherie Cale of 1998 an her ela saws “The conviction of publ offeror officer of the law whether ffom the LGU or any nations! soemnmentageny for any vain ofthe provians