ELEMENTS OF PROHIBITED ACTS (Sec. 20 of R.A.

11038 “"Expanded National Integrated Protected Areas

System Act of 2018")

Sec. 20. Prohibited Acts. - 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) Poaching, killing, destroying, disturbing of any wildlife including in private lands within the protected area;

Elements:

1. Poaching, killing, destroying, disturbing of any wild life including private lands;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(b) Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom, including in
private lands within the protected area without the necessary permit, authorization or exemption: Provided, That
the PASU as authorized by the PAMB, shall issue a permit, authorization or exemption only for culling, scientific
research , the exemptions 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;

Elements:

1. Hunting, taking, collecting or possessing of any wildlife or by-products derived therefrom, including in
private lands;

2. Within the protected area;

3. Without the necessary permit, authorization or exemption;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Exceptions: (exemptions granted by the PASU as authorized by the PAMB should be limited in these instances)

- Culling and research purposes;

- exemptions 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;

R.A. 9147 Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for
any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts;

(a) killing and destroying wildlife species, except in the following instances;

(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;

(ii) when the wildlife is afflicted with an incurable communicable disease;

(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;

(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and

(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.

"(c) Cutting, gathering, removing or collecting timber within the protected area including private lands therein,
without the necessary permit, authorization, 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;
Elements:

1. Cutting, gathering, removing or collecting timber;

2. Within the protected area including in private lands;

3. without the necessary permit, authorization, certification of planted trees or exemption such as for culling
exotic species;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Exception:

- 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 that exotic species, the
culling of which has been authorized under an appropriate permit;

Elements:

1. Possessing or transporting outside the protected area;

2. Any timber, forest products, wildlife, or by-products derived therefrom;

3. Ascertained to have been taken from the protected area;

4. Other than exotic species (should not be an exotic specie) the culling of which has been authorized under an
appropriate permit;

5. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(e) Using any fishing or harvesting gear and practices or any of their variations that destroys coral reefs, seagrass
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;

Elements:

1. Using any fishing or harvesting gear and practices or any of their variation;

2. Within the protected area;

3. Destruction of coral reefs, seagrass beds, or other marine life and their associated habitats or terrestrial
habitats;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Note: 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 places 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 and Hazardous and Nuclear Waste Control Act of 1990'
detrimental to the protected area, or to the plants and animals or inhabitants therein;

Elements:

1. Dumping, throwing, using, or causing to be dumped into or placed

2. in the protected area;

 3. Any toxic chemical, noxious or poisonous or nonbiodegradable materials, untreated sewage or animal waste
products or products whether in liquid or solid or gas state including pesticides and other hazardous
substances as defined under R.A. 6969;

4. Detrimental to the protected area, or to the plants and animals or inhabitants;

5. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(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/ICCs in accessing their
ancestral domain/land;

Elements:

1. Operating any motorized conveyance;

2. Within the protected area;

3. Without permit from PAMB;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Exception: the use of such motorized conveyance is the only practical means of transportation of IPs/ICCs in
accessing their ancestral domain/land.

"(h) Altering, removing, destroying or defacing boundary marks or signs;

Elements:

1. Altering, removing, destroying, defacing;

2. Within the protected area;

3. Boundary marks or signs;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(i) Engaging in 'kaingin' or, any manner, causing forest fires inside the protected area;

Elements:

1. Engaging in Kaingin or causing forest fires;

2. Inside the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Exception: (Rule 20.3 of IRR) Engaging in kaingin in CADC/CADT areas located inside the protected area shall be
allowed if identified as sustainable traditional resource rights of their ADSDPP and recognized by the NCIP.

"(j) Mutilating, defacing, destroying, excavating, vandalizing or, in any manner damaging any natural formation,
religious, spiritual, historical sites, artifacts and other objects of natural beauty, scenic value or objects of interest to
IPs/ICCs;

Elements:

1. Mutilating, defacing, destroying, excavating, vandalizing, damaging;

2. Within the protected area;

 3. Natural formation, religious, spiritual, historical sites, artifacts, other objects of natural beauty, scenic value
or objects of interest to IPs/ICCs;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(k) Damaging and leaving roads and trails in damaged condition;

Elements:

1. Damaging and leaving roads and trails in damaged condition;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(l) Littering or depositing refuse or debris on the ground or in bodies of water;

Elements:

1. Littering or depositing or debris on the ground or in bodies of water;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(m) Possessing or using blasting caps or explosives anywhere within the protected area;

Elements:

1. Possessing or using blasting caps or explosives;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(n) Occupying or dwelling in any public land within the protected area without clearance from the PAMB;

Elements:

1. Occupying or dwelling in any public land;

2. Within the protected area;

3. Without clearance from the PAMB;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(o) Constructing, erecting, or maintaining any kind of structure, fence or enclosure, conducting any business
enterprise within the protected area without prior clearance from the PAMB and permit from the DENR, or
conducting these activities in a manner that is inconsistent with the management plan duly approved by the PAMB;

Elements:

1. Constructing, erecting, or maintaining any kind of structure, fence or enclosure or conducting any business
enterprise;

2. within the protected area;

3. without prior clearance from the PAMB and permit from the DENR or conducting these activities in a
manner that is inconsistent with the management plan duly approved by the PAMB;
 4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(p) Undertaking mineral exploration or extraction within the protected area;

Elements:

1. Undertaking mineral exploration or extraction;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(q) Engaging in commercial or large-scale quarrying within the protected area;

Elements:

1. Engaging in quarrying;

2. Within the protected area;

3. Quarrying must be commercial or in large-scale;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(r) Establishing or introducing exotic species, including GMOs or invasive alien species within the protected area;

Elements:

1. Establishing or introducing exotic species, including GMOs or invasive alien species;

2. Within the protected area;

3. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(s) Conducting bioprospecting within the protected area 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;

Elements:

1. Conducting bioprospecting;

2. Within the protected area;

3. Without prior PAMB clearance in accordance with existing guidelines;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(t) Prospecting, hunting or otherwise locating hidden treasure within the protected area;

Elements:

1. Prospecting, hunting or locating treasure;

2. Within the protected area;

3. Treasure must be hidden;

 4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Note:

Art. 438 of NCC. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.

Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by
chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of
the treasure.

If the things found be of interest to science of the arts, the State may acquire them at their just price, which shall be
divided in conformity with the rule stated.  (351a)

Art. 439 of NCC. By treasure is understood, for legal purposes, any hidden and unknown deposit of money, jewelry, or
other precious objects, the lawful ownership of which does not appear.  (352)

"(u) Purchasing or selling, mortgaging or leasing lands or other portions of the protected area which are covered by
any tenurial instrument; and

Elements:

1. Purchasing, selling, mortgaging or leasing;

2. Lands or other portions of the protected area;

3. Said lands or portions of the protected area are covered by tenurial instruments;

4. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

"(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: Provided, That construction for common usage wharves and shoreline protection shall be permitted by the
PAMB only after thorough EIA."

Elements:

1. That there be a construction or issuance of permit for such construction under Art. 51 of PD No. 1067;

2. Within the protected area;

3. The construction of such structure must be permanent;

4. The construction or issuance of a permit for such construction is within the 40-meter easement;

5. It is not allowed by the nature of the categories under Section 3 of R.A. 11038 and rules and regulations
governing the same (rules and regulations issued by the PAMB etc).

Exception: Construction of common usage wharves and shoreline protection permitted by the PAMB after
conducting EIA.

Article 51 of PD No. 1067. The banks of rivers and streams and the shores of the seas and lakes throughout their
entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty
(40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation,
navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is
necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind.