You are on page 1of 22

San Beda College of Law

Manila

A REPORT ON

REPUBLIC ACT 7586 OR THE NATIONAL


INTEGRATED PROTECTED AREAS SYSTEM ACT OF
1992 (NIPAS)

Presented by:

J. Robert Miranda Gozun


1. PREFATORY STATEMENT

The great Justice Isagani Cruz once referred our Mother Earth as
the giver of life. In his ponencia1, he went on to narrate:
In ancient mythology, Antaeus was a terrible giant who blocked
and challenged Hercules for his life on his way to Mycenae after
performing his eleventh labor. The two wrestled mightily and Hercules
flung his adversary to the ground thinking him dead, but Antaeus rose
even stronger to resume their struggle. This happened several times to
Hercules' increasing amazement. Finally, as they continued grappling,
it dawned on Hercules that Antaeus was the son of Gaea and could
never die as long as any part of his body was touching his Mother
Earth. Thus forewarned, Hercules then held Antaeus up in the air,
beyond the reach of the sustaining soil, and crushed him to death.

Mother Earth. The sustaining soil. The giver of life,


without whose invigorating touch even the powerful Antaeus
weakened and died.

From a global perspective the environment has continued to


degrade and several environment problems remain deeply imbedded in
the socio-economic fabric of nations. At present levels of industrial
activity, greenhouse gases are expected to cause permanent increase in
temperatures. The consequences of a warmer world rising seas and
extreme weather conditions have caused untold sufferings on the
worlds people. The worlds oceans are overfished. Its forests are heavily
denuded.2

It is a public knowledge that our assaults against the environment


are not without its repercussions. Natural disasters of great magnitude
struck the Earth in recent memory and the Philippines could not be
said to be a stranger to that.

1 Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform, G.R. No.
78742, July 14, 1989, 175 SCRA 342; J. Cruz
2 Perry Ong, The Phlippine Biodiversity Crisis; A time Bomb Waiting to Explode.
In our country, various laws have been enacted in order to address
the issue on environmental protection and rehabilitation. It is worth
noting that no less than our 1987 Constitution mandates the protection
and advancement of the right of the people towards a balanced and
healthful ecology in accord with the rhythm and harmony of nature.3
Emphatically, the Constitution provides that all natural resources
belong to the State and the same shall be under its full control and
supervision.4

Hence, it is imperative that lawyers and also those seeking to be


included in this sacred profession be equipped with legal expertise to
help combat the assaults made on mother earth. We must be vigilant
and knowledgeable on laws regarding natural resources to help prevent
the continuous degradation of our environment. By being so, we will be
able to help prevent, through the highest extent which our laws can
provide, to protect our Mother Earth.

2. R.A. 7586, NIPAS

The National Integrated Protected Areas System Act of 1992


(NIPAS) was enacted to address the need to protect the environment for
the present and our posterity. It was signed into law on June 1, 1992.
Congress enacted the NIPAS Act to secure the perpetual existence
of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas. These areas
possess common ecological values that were incorporated into a holistic
plan representative of our natural heritage. The system
encompasses outstandingly remarkable areas and biologically
important public lands that are habitats of rare and endangered
species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland, or marine. It classifies and
administers all the designated protected areas to maintain essential
ecological processes and life-support systems, to preserve genetic

3 Art II, Section 16, 1987 Philippine Constitution


4 Article XII, Section 2, 1987 Philippine Constitution
diversity and to ensure sustainable use of resources found therein, and
to maintain their natural conditions to the greatest extent
possible.5

3. PHILIPPINE BIODIVERSITY - STATISTICAL


BACKGROUND

The following facts give us a brief backdrop of Philippines


biodiversity, to wit:

1. Philippines is considered as the most diverse country on a per


hectare basis, the Philippines has identified 228 key
biodiversity areas (KBAs) - covering 7.6 million hectares,
including 128 terrestrial and 100 marine sites.6

2. The KBAs are habitats of 209 globally threatened species, 419


endemic species of amphibians, reptiles, birds, mammals &
freshwater fishes, and 62 congregatory birds species.7

3. RA 7586 provides for the legal framework for the establishment


and management of the protected areas in the Philippines.

4. A protected area (PA) is an identified portion of land and


water set aside by reason of their unique physical and
biological significance, managed to enhance biological diversity
and protected against destructive human exploitation.8

5. There are 239 protected areas in the Philippines. - 199 are


initial components and 41 are additional areas; with a total
area of 5.42 million has. Of which, 75% are terrestrial; 25% are
marine.9

5 Resident Marine Mammals v. Reyes, G.R. No. 180771, April 21, 2015
6 https://fpe.ph/biodiversity.html/view/the-philippine-key-biodiversity-areas-kbas
7 Idem. at 6
8 Section 4, NIPAS Act
9 https://www.cbd.int/doc/meetings/fin/rmws-2014-03/other/rmws-2014-03-day2-09-en.pdf
6. This represents 13.6% of the countrys land area and about
0.64% of the nations marine territory.10

7. Among the 239 PAs, 112 have Presidential Proclamations


which cover 3.54 million hectares, of which, 61% are terrestrial;
39% are marine.11

4. DECLARATION OF POLICIES

The general objective of the Act is to secure for the Filipino


people of the present and future generations the perpetual existence of
all native plants and animals through the establishment of a
comprehensive system of integrated protected areas. The Act focuses on
habitat ad ecosystem-related conservation, identification of forests,
watersheds, coastal zones, coral reefs and other such areas that
represent a wide variety of ecosystems.

Protection of the Environment is not purely statutory. The same


can be found expressly and impliedly enshrined in Sections 3 and 4,
Article XII and Section 16, Article II of the 1987 Philippine
Constitution. In NIPAS, it was expounded, viz.:

Cognizant of the profound impact of mans activities on all


components of the natural environment particularly 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 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.

10 Idem. at 9
11 Idem. at 9
It is hereby recognized that these areas, although distinct in
features, possess common ecological values that may be incorporated
into a holistic plan representative of our natural heritage; that effective
administration of this area is possible only through cooperation among
national government, local government and concerned private
organizations; 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 outstandingly
remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, whether terrestrial,
wetland or marine, all of which shall be designated as "protected
areas".12

5. CATEGORIES

Section 3 of the law has established the following categories of


protected areas (PA):

a) Strict nature reserve: an area possessing some


outstanding ecosystem, features and/or species of flora and
fauna of national scientific importance maintained to protect
nature and maintain processes in an undisturbed state in order
to have ecologically representative examples of the natural
environment available for scientific study, environmental
monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state

b) Natural park: a relatively large area not materially


altered by human activity where extractive resource uses are
not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for
scientific, educational and recreational use;

12 Sec. 2, NIPAS
c) Natural monument: a relatively small area focused
on protection of small features to protect or preserve nationally
significant natural features on account of their special interest
or unique characteristics

d) Wildlife sanctuary: comprises an area which assures


the natural conditions necessary to protect nationally significant
species, groups of species, biotic communities or physical
features of the environment where these may require specific
human manipulations for their perpetuation.

e) Protected landscapes and seascapes: areas of


national significance which are characterized by the harmonious
interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas;

f) Resource reserve: extensive and relatively isolated


and uninhabited area normally with difficult access designated
as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect
the resource pending the establishment of objectives which are
based upon appropriate knowledge and planning

g) Natural biotic areas: 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

h) Other categories established by law, conventions or


international agreements which the Philippine Government is a
signatory.

6. TERMS AS DEFINED BY LAW

For purposes of the Act, the following terms are defined, to wit:
1. "National Integrated Protected Areas System (NIPAS)"
is the classification and administration of all designated
protected areas to maintain essential ecological processes and
life-support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain
their natural conditions to the greatest extent possible;

2. "Protected Area" refers to identified portions of land and


water set aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and
protected against destructive human exploitation;

3. "Buffer zones" are identified areas outside the boundaries of


and immediately adjacent to designated protected areas
pursuant to Section 8 that need special development control in
order to avoid or minimize harm to the protected area;

4. "Indigenous cultural community" refers to a group of


people sharing common bonds of language, customs, traditions
and other distinctive cultural traits and who have since time
immemorial, occupied, possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of


natural wilderness character which has been withdrawn from
settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as
such exclusively to conserve the area or preserve the scenery,
the natural and historic objects, wild animals and plants therein
and to provide enjoyment of these features in such areas;

6. "Natural monuments" is a relatively small area focused on


protection of small features to protect or preserve nationally
significant natural features on account of their special interest
or unique characteristics;

7. "Natural biotic area" is 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;

8. "Natural park" is a relatively large area not materially


altered by human activity where extractive resource uses are
not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for
scientific, educational and recreational use;
9. "Protected landscapes/seascapes" are areas of national
significance which are characterized by the harmonious
interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the
normal lifestyle and economic activity of these areas;

10. "Resource reserve" is an extensive and relatively isolated


and uninhabited area normally with difficult access designated
as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect
the resource pending the establishment of objectives which are
based upon appropriate knowledge and planning;

11. "Strict nature reserve" is an area possessing some


outstanding ecosystem, features and/or species of flora and
fauna of national scientific importance maintained to protect
nature and maintain processes in an undisturbed state in order
to have ecologically representative examples of the natural
environment available for scientific study, environmental
monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state;

12. "Tenured migrant communities" are communities within


protected areas which have actually and continuously occupied
such areas for five (5) years before the designation of the same
as protected areas in accordance with this Act and are solely
dependent therein for subsistence; and

13. "Wildlife sanctuary" comprises an area which assures the


natural conditions necessary to protect nationally significant
species, groups of species, biotic communities or physical
features of the environment where these may require specific
human manipulations for their perpetuation.

7. BUFFER ZONE

For each protected area, there shall be established peripheral


buffer zones when necessary, in the same manner as Congress
establishes the protected area, to protect the same from activities that
will directly and indirectly harm it. Such buffer zones shall be included
in the individual protected area management plan that shall prepared
for each protected area. The DENR shall exercise its authority over
protected areas as provided in this Act on such area and designated as
buffer zones.13

8. NIPAS WHEN APPLICABLE

It is only when the area has been so designated that pursuant to


Section 5 of RA No. 7586 becomes operational. In the case of PICOP v.
Base Metals,14 it was declared that:

x x x although the area status and clearances, particularly those


pertaining to MPSA Nos. 012 and 013, state that portions thereof are
within the wilderness area of PICOP, there is no showing that this
supposed wilderness area has been proclaimed, designated or set
aside as such, pursuant to a law, presidential decree,
presidential proclamation or executive order, as required by
Section 5 of the NIPAS Act (RA No. 7586). It is only when the
area has been so designated that Section 20 of RA No. 7586,
which prohibits mineral locating within protected areas,
becomes operational.

9. ESTABLISHMENT, ADDITIONS, DISESTABLISHMENT OF


PROTECTED AREAS

Initial Components of NIPAS are all areas or islands in the


Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as
national park, game refuge, bird and wildlife sanctuary, wilderness
area, strict nature reserve, watershed, mangrove reserve, fish sanctuary,

13 Section 8, NIPAS
14 PICOP Resources, Inc. v. Base Metals Mineral Resources Corporation [GR No. 163509, December
6, 2006
natural and historical landmark, protected and managed
landscape/seascape as well as identified virgin forests before the
effectivity of R.A. 7586.15

Additional areas are to be integrated in the NIPAS through the


procedure laid upon in Section 5 of the Act where the Secretary of the
DENR shall conduct a study, inter alia, which will determine areas to
be added to the scope of NIPAS to be submitted to the President for
recommendation and approval. Once approved, the area will be declared
as by the President through a proclamation. The same shall be
submitted to Congress for final declaration of such recommended area
as part of the integrated protected area system.16

Figure No. 1: Flowchart of Establishment/Disestablishment of PAs

15 Section 5, a, NIPAS
16 Section 5, b-d, idem.
10. EFFECT OF CONGRESSIONAL ACTION

It is important to note that all protected areas and buffer


zones proclaimed by the President pursuant to the NIPAS Act shall be
endorsed to Congress for legislative enactment. Protected areas
enacted by Congress shall fall under the classification of
National Parks pursuant to the Philippine Constitution.17

11. DISESTABLISHMENT OF PROTECTED AREAS


WHEN POSSIBLE

Dis-establishment may also be had under the law. For it to push


through, the Secretary of the DENR shall also conduct a study,
consultation with members of the board created by NIPAS Act, inter
alia, which will determine the areas to be removed from the scope of
NIPAS. The same will be submitted to Congress for approval. 18

Parenthetically, no dis-establishment may be had except


upon an act enacted by Congress.

12. MANAGEMENT PLAN

Section 9 mandates the Establishment of a general management


planning strategy which will serve as guide in formulating individual
plans for each protected area, generally for its protection.

Additionally, it shall also provide guidelines for the protection of


indigenous cultural communities, other tenured migrant communities
and sites for close coordination between and among local agencies of the
Government as well as private section.

17 DENR Administrative Order No.026-08, Rule 6.6.10 Congressional Action


18 Section 7, idem.
Formulation and development of Management Manual for each
component area shall be prepared by three (3) experts, which
contains, the following:

a) basic background information


b) field inventory of the resources within the area,
c) an assessment of assets and limitations,
d) regional interrelationships,
e) particular objectives for managing the area,
f) appropriate division of the area into management zones, a
review of the boundaries of the area, and
g) design of the management programs.

Fig. No. 2: Management/Administration of NIPAS

Pursuant to Section 11, a Protected Area Management Board


for each of the established protected area shall be created and shall be
composed of the following:
a.) The Regional Executive Director under whose jurisdiction
the protected area is located;
b.) one (1) representative from the autonomous regional
government, if applicable; the Provincial Development
Officer;
c.) one (1) representative from the municipal government;
d.) one (1) representative from each barangay covering the
protected area;
e.) one (1) representative from each tribal community, if
applicable; and,
f.) at least three (3) representatives from non-government
organizations/local community organizations, and
g.) if necessary, one (1) representative from other departments
or national government agencies involved in protected area
management.

PASU (PA Superintendent) pertains to Field or On-site officers of the


specific PA.

13. POWERS OF THE SECRETARY

To enable the Secretary of DENR to carry out the aims and


objectives of the Act, under Section 10, he is broadly empowered to:

a. To conduct studies on various characteristic features


and conditions of the different protected areas, using
commonalities in their characteristics, classify and define them
into categories and prescribe permissible or prohibited human
activities in each category in the System;

b. To adopt and enforce a land use scheme and


zoning plan in adjoining areas for the preservation and control
of activities that may threaten the ecological balance in the
protected areas;
c. To cause the preparation of and exercise the power to
review all plans and proposals for the management of protected
areas;

d. To promulgate rules and regulations necessary to


carry out the provisions of this Act;

e. To deputize field officers and delegate any of his


powers under this Act and other laws to expedite its
implementation and enforcement;

f. To fix and prescribe reasonable NIPAS fees to be


collected from government agencies or any person, firm or
corporation deriving benefits from the protected areas;

g. To exact administrative fees and fines as


authorized in Section 21 for violation of guidelines, rules and
regulations of this Act as would endanger the viability of
protected areas;

h. To enter into contracts and/or agreements with private


entities or public agencies as may be necessary to carry out the
purposes of this Act;

i. To accept in the name of the Philippine Government


and in behalf of NIPAS funds, gifts or bequests of money for
immediate disbursements or other property in the interest of the
NIPAS, its activities or its services;

j. To call on any agency or instrumentality of the


Government as well as academic institutions, non-
government organizations and the private sector as may
be necessary to accomplish the objectives and activities of the
System;

k. To submit an annual report to the President of the


Philippines and to Congress on the status of protected areas in
the country;

l. To establish a uniform marker of the System,


including an appropriate and distinctive symbol for each
category in the System, in consultation with appropriate
government agencies and public and private organizations;
m. To determine the specification of the class, type
and style of buildings and other structures to be
constructed in protected areas and the materials to be
used;

n. Control the construction, operation and


maintenance of roads, trails, waterworks, sewerage, fire
protection, and sanitation systems and other public utilities
within the protected area;

o. Control occupancy of suitable portions of the


protected area and resettle outside of said area forest occupants
therein, with the exception of the members of indigenous
communities area; and

p. To perform such other functions as may be


directed by the President of the Philippines, and to do
such acts as may be necessary or incidental to the
accomplishment of the purpose and objectives of the System.

14. ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

Is the process by which the anticipated effects on the environment


of a proposed development or project is measured. If the likely effects
are unacceptable, design measures or other relevant mitigation
measures can be taken to reduce or avoid those effects. 19

It is required for every proposal for activities which are outside


the scope of the management plan for protected areas. Hence, the same
is indispensible precursor before any activity outside scope of the plan
to even be considered.

No actual implementation of such activities shall be allowed


without the required Environmental Compliance Certificate under the
Philippines Environment Impact Assessment System. Once granted,
where in stances where such activities are allowed to be undertaken,
the proponent shall plan and carry them out in such manner as will

19 Section 12, supra.


minimize any adverse effects and take preventive and remedial action
when appropriate. The proponent shall be liable for any damage due to
lack of caution or indiscretion.20

15. ENVIRONMENTAL COMPLIANCE CERTIFICATE


(ECC)

Is a document issued by DENR/Environment Management


Bureau after a positive review of the ECC application certifying that
based on the representations of the proponent, the proposed project or
undertaking will not cause significant negative environmental impact.

It contains specific measures and conditions that the project


proponent has to undertake before and during the operation of the
project and in some cases, during the projects abandonment phase to
mitigate identified environmental impacts. It also certifies that the
proponent has complied with all the requirements of the Environmental
Impact Statement System and has committed to implement its
approved environmental management plan.

It is to be noted that projects that have no significant


environmental impact shall not be required to secure ECC.

16. ECC WHEN NOT REQUIRED; NOT PURELY


MINISTERIAL

The Certificate of Non-coverage (CNC) is a certification issued by


the EMB certifying that a project is not covered by the Environmental
Impact Statement System (EIS System) and that the project proponent
is not required to secure an ECC. Hence, if granted, an ECC is no longer
required.

Granting or denial of an ECC is not an act that is purely


ministerial in nature, but one that involves the exercise of judgment

20 Sec. 12, NIPAS.


and discretion by the EMB Director or Regional Director, who must
determine whether the project or project area is classified as critical to
the environment based on the documents to be submitted by the
applicant.

In one case where petitioners asked the Supreme Court to issue a


writ of mandamus in order to compel the EMB officer to grant them a
CNC because, allegedly they have complied with all requirements
prescribed by the EMB, The Supreme Court pronounced, as regards
issuance ECC/ENC, to wit:

xxx The Certificate of Non-coverage (CNC) is a


certification issued by the EMB certifying that a project is not
covered by the Environmental Impact Statement System (EIS
System) and that the project proponent is not required to secure
an ECC. The EIS System was established by Presidential
Decree (P.D.) No. 1586 pursuant to Section 4 of P.D. No. 1151
(Philippine Environmental Policy) that required all entities to
submit an EIS for projects that would have a significant effect
on the environment. P.D. No. 1586 exempted from the
requirement of an EIS the projects and areas not declared by the
President of the Philippines as environmentally critical. On
December 14, 1981, the President issued Proclamation No. 2146
declaring areas and types of projects as environmentally critical
and within the scope of the EIS System

Projects not included in the foregoing enumeration were


considered non-critical to the environment and were entitled to
the CNC. The foregoing considerations indicate that the grant
or denial of an application for ECC/CNC is not an act that
is purely ministerial in nature, but one that involves the
exercise of judgment and discretion by the EMB Director
or Regional Director, who must determine whether the
project or project area is classified as critical to the
environment based on the documents to be submitted by
the applicant.21

17. LIMITATIONS SET UNDER NIPAS

21 Special People Foundation, Inc. vs. Canda [GR No. 160932, January 14, 2013,
On Ancestral Lands

The law gives due recognition to ancestral lands and customary


rights and interest arising therefrom. The DENR was given power to
prescribe rules and regulations to govern ancestral lands within
protected areas. However, the DENR shall have no power to evict
indigenous communities from their present occupancy nor resettle them
to another area without their consent. All rules and regulations
affecting said communities shall be issue subject to prior notice and
hearing.

Outside the Commerce of Man

All protected areas are inalienable and cannot be disposed. It has


been held that land within a protected area like the Bataan Natural
Park, is inalienable. The illegal possession or sale of rights of portions
thereof is prohibited under the rules and regulations implementing the
NIPAS Act.22

On Explorations/Surveys

Protected areas, except strict nature reserves and natural parks,


may be subjected to exploration only for the purpose of gathering
information on energy resources and only if such activity is carried
out with the least damage to surrounding areas. Survey results shall be
available to the public. No exploitation and utilization of energy
resources found within NIPAS shall be allowed unless through a law
passed by Congress.23

On Extraction and Exploitation of Energy Resources

Under Proclamation No. 2146 the Tanon Strait is an


environmentally critical area, having been declared as protected area in
1998. Therefore any activity outside the scope of its management plan
may only be implemented pursuant to Environmental compliance
22 Cham v. Pizarro, A.C. 5499, August 16, 2005, 467 SCRA 1.
23 Section 14, NIPAS
certificate secured after undergoing an environmental impact
assessment to determine the effects of such activity on its ecological
system. Surveying for energy resources under Sec 14 of NIPAS is not an
exemption from complying with the EIA requirement in Sec 12 of
NIPAS instead, Section 14 provides for additional requisite before any
exploration for energy resources may be done in protected areas. PD No.
87 may serve as the general law upon which the service contract for
petroleum exploration and extraction may be authorized, the
exploitation and exploration of this energy resources in the present case
may be allowed only THROUGH A LAW PASSED BY THE
CONGRESS, since Tanon Strait is a NIPAS area. Since there is no law
specifically allowing oil exploitation and or extraction in the Tanon
Strait NO ENERGY RESOURCE exploitation and utilization may be
done in the said protected seascape.24

On Mining Operations

Pursuant to Section 19 of R.A. No. 7942, or the Philippine Mining


Act of 1995, mining operations are not allowed in old growth forests,
proclaimed watershed forest reserves, wilderness areas, mangrove
forests, mossy forests, national parks, provincial/municipal forests,
parks, greenbelts, game refuge and bird sanctuaries as defined by law
in areas expressly prohibited under NIPAS, and DAO No. 25, series of
1992, and other laws.

Protected Areas prior to NIPAS - Jurisdiction

Under Section 15, PAs already under the jurisdiction of


government instrumentalities other than the DENR prior to the
effectivity of NIPAS shall remain with such government
instrumentality but shall coordinate with the DENR in the preparation
of its management plans.

18. PROHIBITED ACTS

24 Resident Marine Mammals vs. Reyes, GR No. 180771, April 21, 2015
The law provides that except as may be allowed by the nature of
their categories and pursuant to rules and regulations governing the
same, the following acts are prohibited within protected areas:

a. Hunting, destroying, disturbing, or mere possession of any


plants or animals or products derived therefrom without a
permit from the Management Board;

b. Dumping of any waste products detrimental to the protected


area, or to the plants and animals or inhabitants therein;

c. Use of any motorized equipment without a permit from the


Management Board;

d. Mutilating, defacing or destroying objects of natural beauty,


or objects of interest to cultural communities (of scenic value);

e. Damaging and leaving roads and trails in a damaged


condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or


enclosures, conducting any business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris,


or depositing in ground or in bodies of water; and

i. Altering, removing destroying or defacing boundary marks or


signs.25

19. PENALTIES

Section 21 provides for penalties for violations of the provions of


NIPAS, summarized as follows:

1. Fine of not less than P5,000 nor more than P500,000; OR


2. Imprisonment for not less than 1 year but not more than 6
years

25 Section 20, NIPAS


3. Others:
a. Restoration or compensation for the restoration of
damages
b. Eviction of the offender from the land
c. Forfeitures in favor of the government
d. DENR administrative fines and penalties