REPUBLIC ACT NO. 7586 SECTION 4.
          Definition of Terms - For purposes of this Act, the
following terms shall be defined as follows:
  AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MANAGEMENT OF
NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,
DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1.          Title - This Act shall be known and referred to as
the "National Integrated Protected Areas System Act of 1992".
SECTION 2.          Declaration of Policy - Cognizant of the profound
impact of man's 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. 
It is hereby recognized that these areas, although distinct in features,
posses 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".
SECTION 3.          Categories - The following categories of protected
areas are hereby established:
  a.  Strict nature reserve;
  b. Natural park;
  c. Natural monument;
  d. Wildlife sanctuary;
  e. Protected landscapes and seascapes;
  f. Resource reserve;
  g. Natural biotic areas; and
h. Other categories established by law,
conventions or international agreements
which the Philippine Government is a
signatory.
a. "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;
b. "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;
 
c. "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;
 
d. "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;
  
e. "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;
  
f. "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;
  
g. "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;
h. "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;
i. "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;
j. "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;
k. "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;
l. "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
  
m. "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.
SECTION 5.          Establishment and Extent of the System - The
establishment and operationalization of the System shall involve the
following:
a. All areas or islands in the Philippines proclaimed,
designated or set aside, pursuant to a 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, natural and historical
landmark, protected and managed landscape/seascape as
well as identified virgin forests before the effectivity of this
Act are hereby designated as initial components of the
System. The initial components of the System shall be
governed by existing laws, rules and regulations, not
inconsistent with this Act;
 
b. Within one (1) year from the effectivity of this Act, the
DENR shall submit to the Senate and the House of
Representatives a map and legal descriptions or natural
boundaries of each protected area initially comprising the
System. Such maps and legal description shall, by virtue of
this Act, constitute the official documentary representation
of the entire System, subject to such changes as Congress
deems necessary;
 
c. All DENR records pertaining to said protected areas,
including maps and legal descriptions or natural
boundaries, copies of rules and regulations governing
them, copies of public notices of, and reports submitted to
Congress regarding pending additions, eliminations, or
modifications shall be made available to the public. These
legal documents pertaining to protected areas shall also be
available to the public in the respective DENR Regional
Offices, Provincial Environment and Natural Resources
Offices (PENROs) and Community Environment and
Natural Resources Offices (CENROs) where NIPAS areas
are located;
d. Within three (3) years from the effectivity of
this Act, the DENR shall study and review
each area tentatively composing the System
as to its suitability or non-suitability for
preservation as protected area and inclusion
in the System according to the categories
established in Section 3 hereof and report its
findings to the President as soon as each
study is completed. The study must include
in each area:
  1. A forest occupants survey;
  2.  An ethnographic study;
  3. A protected area resource profile;
Land use plans done in coordination with the
  4.
respective Regional Development Councils; and
Such other background studies as will be sufficient
  5.
bases for selection.
The DENR shall:
a. Notify the public of proposed action through
publication in a newspaper of general
circulation, and such other means as the
System deems necessary in the area or areas
in the vicinity of the affected land thirty (30)
days prior to the public hearing;
i. Conduct public hearings at the locations nearest to
the area affected;
ii. At least thirty (30) days prior to the date of hearing,
advise all Local Government Units (LGUs) in the
affected areas, national agencies concerned,
people's organizations and non-government
organizations and invite such officials to submit
their views on the proposed action at the hearing
not later than thirty (30) days following the date of
hearing; and
iii. Give due consideration to the recommendations at
the public hearing; and provide sufficient
  explanation for his recommendations contrary to
the general sentiments expressed in the public
hearing;
b. Upon receipt of the recommendations of the DENR, the
President shall issue a presidential proclamation
designating the recommended areas as protected areas
and providing for measures for their protection until such
time when Congress shall have enacted a law finally
declaring such recommended areas as part of the
integrated protected area systems; and
  
c. Thereafter, the President shall send to the Senate and the
House of Representatives his recommendations with
 respect to the designations as protected areas or
reclassification of each area on which review has been
completed, together with maps and legal description of
boundaries. The President, in his recommendation, may
propose the alteration of existing boundaries of any or all
proclaimed protected areas, addition of any contiguous
area of public land of predominant physical and biological
value. Nothing contained herein shall limit the President to
propose, as part of his recommendation to Congress,
additional areas which have not been designated,
proclaimed or set aside by law, presidential decree,
proclamation or executive orders as protected area/s.
SECTION 6.          Additional Areas to be Integrated to the System. -
Notwithstanding the establishment of the initial component of the
additional areas with outstanding physical features, anthropological
significance and biological diversity in accordance with the provisions
of Section 5d.
SECTION 7.          Disestablishment as Protected Area. - When in
the opinion of the DENR a certain protected area should be
withdrawn or disestablished, or its boundaries modified as warranted
by a study and sanctioned by the majority of the members of the
respective boards for the protected area as herein established in
Section 11, it shall, in turn, advice Congress.  Disestablishment of a
protected area under the System or modification of its boundary shall
take effect pursuant to an act of Congress.  Thereafter, said area
shall revert to the category of public forests unless otherwise
classified by Congress: Provided however, that after
disestablishment by Congress, the Secretary may recommend the
transfer of such disestablished area to other government agencies to
serve other priority programs of national interest.
SECTION 8.          Buffer Zones. - 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.
SECTION 9.          Management Plans. - There shall be a general
management planning strategy to serve as guide in formulating
individual plans for each protected area. The management planning
strategy shall, at the minimum, promote the adoption and
implementation of innovative management techniques including if
necessary, the concept of zoning, buffer zone management for
multiple use and protection, habitat conservation and rehabilitation,
diversity management, community organizing, socioeconomic and
scientific researches, site-specific policy development, pest
management, and fire control. The management planning strategy
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 the private sector.
Each component area of the System shall be planned and
administered to further protect and enhance the permanent
preservation of its natural conditions. A management manual shall be
formulated and developed which must contain the following: an
individual management plan prepared by three (3) experts, basic
background information, field inventory of the resources within the
area, an assessment of assets and limitations, regional
interrelationships, particular objectives for managing the area,
appropriate division of the area into management zones, a review of
the boundaries of the area, and a design of the management
programs.
SECTION 10.        Administration and Management of the System. -
The National Integrated Protected Areas System is hereby placed
under the control and administration of the Department of
Environment and Natural Resources. For this purpose, there is
hereby created a division in the regional offices of the Department to
be called the Protected Areas and Wildlife Division in regions where
protected areas have been established, which shall be under the
supervision of a Regional Technical Director, and shall include
subordinate officers, clerks, and employees as may be proposed by
the Secretary, duly approved by the Department of Budget and
Management, and appropriated by the Congress. The Service thus
established shall manage protected areas and promote the
permanent preservation, to the greatest extent possible of their
natural conditions.
To carry out the mandate of this Act, the Secretary
of the DENR is empowered to perform any and all
of the following acts:
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.
SECTION 11.        Protected Area Management Board. - A Protected
Area Management Board for each of the established protected area
shall be created and shall be composed of the following: The
Regional Executive Director under whose jurisdiction the protected
area is located; one (1) representative from the autonomous regional
government, if applicable; the Provincial Development Officer; one
(1) representative from the municipal government; one (1)
representative from each barangay covering the protected area; one
(1) representative from each tribal community, if applicable; and, at
least three (3) representatives from non-government
organizations/local community organizations, and if necessary, one
(1) representative from other departments or national government
agencies involved in protected area management.
The Board shall, by a majority vote, decide the
allocations for budget, approve proposals for
funding, decide matters relating to planning,
peripheral protection and general administration of
the area in accordance with the general management
strategy. The members of the Board shall serve for a
term of five (5) years without compensation, except
for actual and necessary traveling and subsistence
expenses incurred in the performance of their
duties. They shall be appointed by the Secretary of
the DENR as follows:
a. A member who shall be appointed to
represent each local government down to
barangay level whose territory or portion is
included in the protected area. Each
appointee shall be the person designated
by the head of such LGU, except for the
Provincial Development Officer who shall
serve ex officio;
b. A member from non-government
organizations who shall be endorsed by
heads of organizations which are
 
preferably based in the area or which have
established and recognized interest in
protected areas;
c. The RED/s in the region/s where such
protected area lies shall sit as ex officio
  member of the Board and shall serve as
adviser/s in matters related to the technical
aspect of management of the area; and
d. The RED shall act as chairman of the
Board. When there are two (2) or more
REDs in the Board, the Secretary shall
 
designate one (1) of them to be the
Chairman. Vacancies shall be filled in the
same manner as the original appointment.
SECTION 12.        Environmental Impact Assessment. - Proposals
for activities which are outside the scope of the management plan for
protected areas shall be subject to an environmental impact
assessment as required by law before they are adopted, and the
results thereof shall be taken into consideration in the decision-
making process.
No actual implementation of such activities shall be allowed without
the required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment (EIA) system. In
instances where such activities are allowed to be undertaken, the
proponent shall plan and carry them out in such manner as will
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.
SECTION 13.        Ancestral Lands and Rights Over Them. -
Ancestral lands and customary rights and interest arising shall be
accorded due recognition. The DENR shall prescribe rules and
regulations to govern ancestral lands within protected areas:
Provided, that the DENR shall have so power to evict indigenous
communities from their present occupancy nor resettle them to
another area without their consent: Provided, however, That all rules
and regulations, whether adversely affecting said communities or not,
shall be subjected to notice and hearing to be participated in by
members of concerned indigenous community.
SECTION 14.        Survey for Energy Resources. - Consistent with
the policies declared in Section 2 hereof, 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. Surveys shall be conducted only in
accordance with a program approved by the DENR, and the result of
such surveys shall be made available to the public and submitted to
the President for recommendation to Congress. Any exploitation and
utilization of energy resources found within NIPAS areas shall be
allowed only through a law passed by Congress.
SECTION 15.        Areas Under the Management of Other
Departments and Government Instrumentalities. - Should there be
protected areas, or portions thereof, under the jurisdiction of
government instrumentalities other than the DENR, such jurisdiction
shall, prior to the passage of this Act, remain in the said department
or government instrumentality; Provided, That the department or
government instrumentality exercising administrative jurisdiction over
said protected area or a portion thereof shall coordinate with the
DENR in the preparation of its management plans, upon the
effectivity of this Act.
SECTION 16.        Integrated Protected Areas Fund. - There is
hereby established a trust fund to be known as Integrated Protected
Areas (IPAS) Fund for purposes of financing projects of the System.
The IPAS may solicit and receive donations, endowments, and
grants in the form of contributions, and such endowment shall be
exempted from income or gift taxes and all other taxes, charges or
fees imposed by the Government or any political subdivision or
instrumentality thereof.
All incomes generated from the operation of the
System or management of wild flora and fauna shall
accrue to the Fund and may be utilized directly by
the DENR for the above purpose. These incomes
shall be derived from:
a. Taxes from the permitted sale and
  export of flora and fauna and other
resources from protected areas;
b. Proceeds from lease of multiple use
areas;
c. Contributions from industries and
  facilities directly benefiting from the
protected area; and
d. Such other fees and incomes derived
from the operation of the protected area.
Disbursements from the Funds shall be
made solely for the protection,
  maintenance, administration, and
management of the System, and duly
approved projects endorsed by the
PAMBs, in the amounts authorized by
the DENR.
     
SECTION 17.        Annual Report to Congress. - At the opening of
each session of Congress, the DENR shall report to the President,
for transmission to Congress, on the status of the System, regulation
in force and other pertinent information, together with
recommendations.
SECTION 18.        Field Officers. - All officials, technical personnel
and forest guards employed in the integrated protected area service
or all persons deputized by the DENR, upon recommendation of the
Management Board shall be considered as field officers and shall
have the authority to investigate and search premises and buildings
and make arrests in accordance with the rules on criminal procedure
for the violation of laws and regulations relating to the protected
areas. Persons arrested shall be brought to the nearest police
precinct for investigation.
Nothing herein mentioned shall be construed as preventing regular
law enforcers and police officers from arresting any person in the act
of violating said laws and regulations.
SECTION 19.        Special Prosecutors. - The Department of Justice
shall designate special prosecutors to prosecute violations of laws,
rules and regulations in protected areas.
SECTION 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. 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.
SECTION 21.        Penalties. - Whoever violates this Act or any rules
and regulations issued by the Department pursuant to this Act or
whoever is found guilty by a competent court of justice of any of the
offenses in the preceding section shall be fined in the amount of not
less than Five thousand pesos (P5,000) nor more than Five hundred
thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more
than six (6) years, or both, as determined by the court: Provided,
that, if the area requires rehabilitation or restoration as determined by
the court, the offender shall be required to restore or compensate for
the restoration to the damages: Provided, further, that court shall
order the eviction of the offender from the land and the forfeiture in
favor of the Government of all minerals, timber or any species
collected or removed including all equipment, devices and firearms
used in connection therewith, and any construction or improvement
made thereon by the offender.  If the offender is an association or
corporation, the president or manager shall be directly responsible
for the act of his employees and laborers: Provided, finally, that the
DENR may impose administrative fines and penalties consistent with
this Act.
SECTION 22.        Separability Clause. - If any part or section of this
Act is declared unconstitutional, such declaration shall not affect the
other parts or sections of this Act.
SECTION 23.        Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations inconsistent with any
provisions of this Act shall be deemed repealed or modified
accordingly.
PROVINCE OF NEGROS OCCIDENTAL, AND IN THE CITY OF
CANLAON AND MUNICIPALITY OF VALLEHERMOSO, BOTH IN
THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED
AREA AND A PERIPHERAL AREA AS BUFFER ZONE PROVIDING
FOR ITS MANAGEMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
ARTICLE I
TITLE, POLICIES AND OBJECTIVES

SECTION 24.        Effectivity Clause. - This Act shall take effect Section 1. Title. - This Act shall be known as the Mt. Kanla-on
fifteen (15) days after its complete publication in two (2) newspapers Natural Park (MKNP) Act of 2001.
of general circulation.
Section 2. Statement of Policy. - Considering the diversity of Mt.
 Approved; Kanla-on's biological resources and its aesthetic, socio-cultural,
economic and ecological importance to the Island of Negros, it is
NEPTALI A. GONZALES hereby declared the policy of the State to ensure its protection and
President of the Senate                                                               conservation including its communities of people and their culture
and way of life insofar as they are in harmony with nature. The
protection and conservation of MKNP shall be pursued through
RAMON V. MITRA
sustainable and participatory development, advancing and protecting
Speaker of the House of Representative
the interests of its legitimate inhabitants, and honoring customary
laws in accordance with Republic Act No. 7586 or the National
This Act which is a consolidation of House Bill No. 34696 and Senate Integrated Protected Areas System (NIPAS) Act of 1992, Republic
Bill No. 1914 was finally passed by the House of Representatives Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) of 1997,
and the Senate on February 6, 1992. and international conventions to which the Philippines is a signatory.

ANACLETO D. BADOY, JR. Section 3. Definition of Terms. - The following terms are hereby
Secretary of the Senate defined for purposes of this Act:

CAMILO L. SABIO (a) "Bioprospecting" shall refer to the research, collection,

Secretary General and utilization of biological and genetic resources for
House of Representatives purposes of applying the knowledge derived therefrom for
scientific and/or commercial purposes.
Approved: June 01 1992
(b) "Commercial" shall mean involving market sale in
(SGD.) CORAZON C. AQUINO volume or value in excess of that required to maintain basic
President of the Philippines subsistence for workers and their dependents.

(c) "DENR" shall refer to the Department of Environment

and Natural Resources.
Republic of the Philippines
CONGRESS OF THE PHILIPPINES (d) "Exotic Species" shall refer to species or subspecies
Metro Manila that do not naturally occur within the biogeographic region
of the MKNP at present or in historical time.
Eleventh Congress
(e) "Indigenous Cultural Communities/Indigenous Peoples
Third Regular Session (ICCs/IPs)" shall refer to the indigenous peoples as defined
in the IPRA, specifically, the Atis and Bukidnons of the
Begun and held in Metro Manila, on Monday, the twenty-fourth day MKNP.
of July, two thousand.
(f) "Natural Park" is a relatively large area not materially
REPUBLIC ACT NO. 9154 August 11, 2001 altered by human activity, where extractive resource uses
are not allowed, and maintained to protect outstanding
natural and scenic areas of national or international
AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES
significance for scientific, educational, and recreational
OF BAGO, LA CARLOTA, AND SAN CARLOS AND IN THE
use.
MUNICIPALITIES OF LA CASTELLANA AND MURCIA, ALL IN THE
 (g) "Nongovernment Organization (NGO)" shall refer to any Thence, N 24º 16’ E 141.43 m to point 8;
civic, developmental, environmental or philantrophic non-
stock, non-profit organization, duly registered, having by- Thence, N 01º 45’ W 144.13 m to point 9;
laws, democratically-elected representation, and multi-
sectoral in character. Thence, N 33º 32’ E 63.25 m to point 10; an old corner;
Thence, N 74º 15’ E 102.25 m to point 11;
(h) "Non-Renewable Resources" shall refer to those
resources found within the MKNP, the natural Thence, N 06º 16’ E 147.10 m to point 12;
replenishment rate of which is not known. Thence, N 74º 16’ E 157.88 m to point 13;

(i) "PAMB" shall refer to the Protected Area Management Thence, N 17º 04’ E 112.39 m to point 14;
Board, as provided herein.
Thence, S 68º 37’ E 45.40 m to point 15;

(j) "PASu" shall refer to the Protected Area Superintendent, Thence, N 31º 51’ E 283.07 m to point 16;
as provided herein.
Thence, N 35º 52’ E 133.47 m to point 17;
(k) "People's Organization (PO)" shall refer to any group of Thence, N 53º 28’ E 60.50 m to point 18;
people formed to advance the interests of the sector they
represent. Thence, N 20º 46’ E 231.62 m to point 19;
Thence, N 27º 51’ E 134.43 m to point 20;
(l) "Protected Species" shall refer to any plant or animal
declared protected under Philippine laws. These shall Thence, N 23º 18’ E 93.26 m to point 21;
include all species listed under the Convention of Thence, N 34º 12’ E 205.86 m to point 22;
International Trade of Endangered Species (CITES) and all
its Annexes, the Bonn Convention on Migratory Animals, Thence, N 07º 37’ E 50.05 m to point 23;
those specified under the redlist categories of the
International Conservation of Nature (UCN), or any plant or Thence, N 02º 57’ E 231.63 m to point 24;
animal which the PAMB may deem necessary for Thence, N 84º 47’ E 144.74 m to point 25;
conservation and preservation in the MKNP.
Thence, N 04º 29’ E 177.03 m to point 26;
(m) "Tenured Migrant" shall refer to any person who has Thence, N 50º 59’ E 52.86 m to point 27;
actually and continuously occupied an area of five (5) years
prior to its designation as part of a protected area and is Thence, S 01º 37’ W 193.01 m to point 28;
usually dependent on that area for subsistence.
Thence, S 26º 57’ W 116.23 m to point 29;
Section 4. Declaration and Scope. - Pursuant to and in accordance Thence, S 10º 17’ W 96.45 m to point 30;
with the NIPAS Act, Mt. Kanla-on in the Island of Negros is hereby
declared and established as a protected area under the category of a Thence, S 89º 12’ E 110.45 m to point 31;
natural park.
Thence, N 76º 12’ E 90.83 m to point 32; an old corner;

The boundaries of the Mt. Kanla-on Natural Park are hereby Thence, N 87º 15’ E 40.76 m to point 33; an old corner;
described as follows:
Thence, S 35º 56’ E 28.39 m to point 34;

Beginning at a point marked "1" on the map Thence, N 00º 02’ E 77.39 m to point 35;
which is marked on plan N.P. or P.B.M. No. Thence, N 22º 17’ W 456.63 m to point 36;
4 between Negros Occidental and Negros
Thence, N 83º 24’ W 37.01 m to point 37;
Oriental under Pontevedra Cadastre No. 60,
B.L. Case No. 2 of Negros Oriental; Thence, S 66º 45’ W 80.83 m to point 38;
Thence, S 55º 18’ W 276.92 m to point 39;
1awphil.net S 61º 40’ W 277.22 m to point 2;
Thence, S 48º 43’ W 70.25 m to point 40;
Thence, S 61º 40’ W 2,199.89 m to point 3;
Thence, S 76º 13’ W 393.06 m to point 41;
Thence, N 19º 37’ E 49.42 m to point 4;
Thence, N 69º 12’ W 101.39 m to point 42;
Thence, N 09º 02’ E 84.76 m to point 5;
Thence, S 26º ’49 W 224.42 m to point 43;
Thence, N 20º 15’ E 194.68 m to point 6;
Thence, S 65º 17’ W 129.26 m to point 44;
Thence, N 17º 00’ E 167.10 m to point 7;
Thence, S 82º 49’ W 127.98 m to point 45; Thence, S 63º 18’ W 156.21 m to point 81;
Thence, S 03º 11’ E 311.03 m to point 46; Thence, S 79º 10’ W 47.06 m to point 82;
Thence, S 40º 02’ W 93.85 m to point 47; Thence, S 54º 02’ W 165.97 m to point 83;
Thence, S 61º 24’ W 351.83 m to point 48; Thence, S 09º 27’ W 83.97 m to point 84;
Thence, S 35º 58’ W 240.39 m to point 49; Thence, S 14º 28’ W 215.62 m to point 85;
Thence, S 18º 24’ W 154.32 m to point 50; Thence, S 03º 34’ E 353.99 m to point 86;
Thence, S 45º 06’ W 37.47 m to point 51; an old corner; Thence, S 52º 01’ W 280.62 m to point 87;
Thence, N 85º 12’ W 34.27 m to point 52; an old corner; Thence, S 26º 26’ W 194.94 m to point 88;
Thence, N 65º 50’ W 45.67 m to point 53; P.L.S./B.L. on a Thence, S 14º 09’ W 38.04 m to point 89;
rock;
Thence, N 13º 52’ W 35.36 m to point 90;
Thence, N 46º 39’ W 1,513.80 m to point 54;
Thence, N 17º 37’ E 430.38 m to point 91;
Thence, N 20º 08’ W 466.66 m to point 55;
Thence, N 05º 28’ E 323.85 m to point 92;
Thence, S 58º 21’ W 328.30 m to point 56;
Thence, N 18º 56’ W 75.56 m to point 93;
Thence, N 49º 44’ W 646.11 m to point 57; P.L.S./B.L. on
a rock; Thence, N 03º 41’ E 133.04 m to point 94 ;

Thence, N 41º 34’ E 167.92 m to point 58; Thence, N 47º 08’ E 430.38 m to point 95; B.L. on a
concrete monument;
Thence, N 18º 58’ E 131.50 m to point 59;
Thence, N 31º 03’ W 6.69 m to point 96;
Thence, N 09º 04’ W 85.69 m to point 60;
Thence, S 78º 39’ W 335.40 m to point 97; B.L. on a
Thence, N 54º 15’ E 164.47 m to point 61; concrete monument;
Thence, N 61º 56’ W 161.18 m to point 62; P.L.S./B.L.; Thence, S 24º 54’ W 288.30 m to point 98;
Thence, N 35º 16’ E 556.61 m to point 63; P.L.S./B.L.; Thence, S 41º 23’ W 655.76 m to point 99;
Thence, S 84º 33’ W 141.22 m to point 64; P.L.S./B.L.; Thence, S 42º 55’ W 161.60 m to point 100;
Thence, S 58º 26’ W 388.04 m to point 65; Thence, N 67º 40’ W 178.90 m to point 101;
Thence, N 67º 46’ W 42.33 m to point 66; Thence, N 82º 04’ W 84.26 m to point 102;
Thence, N 09º 35’ E 49.11 m to point 67; Thence, N 30º 12’ W 21.27 m to point 103;
Thence, N 00º 30’ W 49.72 m to point 68; Thence, N 47º 23’ E 99.14 m to point 104;
Thence, N 35º 07’ E 56.31 m to point 69; Thence, N 81º 03’ W 610.92 m to point 105; P.L.S./B.L. on
a rock;
Thence, N 22º 11’ E 199.35 m to point 70;
Thence, N 18º 01’ E 290.52 m to point 106; P.L.S./B.L. on
Thence, N 02º 09’ E 65.80 m to point 71; a rock;
Thence, N 31º 51’ E 95.29 m to point 72; Thence, N 60º 39’ E 1,066.10 m to point 107; a
Thence, N 00º 58’ W 36.28 m to point 73; monument;

Thence, N 59º 17’ W 412.90 m to point 74; Thence, N 69º 40’ W 369.00 m to point 108; P.L.S./B.L.;

Thence, N 82º 46’ W 216.49 m to point 75; Thence, N 48º 52’ E 480.61 m to point 109; a monument;

Thence, N 18º 49’ E 121.00 m to point 76; Thence, N 67º 52’ W 371.08 m to point 110; a monument;

Thence, N 86º 30’ W 46.96 m to point 77; Thence, N 58º 06’ E 89.57 m to point 111; P.L.S./B.L.;

Thence, S 59º 01’ W 251.07 m to point 78; intersection; Thence, S 72º 25’ W 781.45 m to point 112;

Thence, S 40º 00’ W 102.02 m to point 79; Thence, N 29º 39’ W 832.51 m to point 113;

Thence, S 50º 00’ W 142.03 m to point 80; Thence, N 64º 57’ W 440.33 m to point 114; a monument;
Thence, N 14º 53’ W 5289.75 m to point 115; a monument; Thence, N 54º 14’ E 33.76 m to point 150;
Thence, S 43º 33’ W 274.46 m to point 116; Thence, N 52º 34’ E 267.29 m to point 151;
Thence, N 85º 57’ W 596.27 m to point 117; a monument; Thence, N 65º 26’ E 294.80 m to point 152;
Thence, N 79º 10’ W 39.72 m to point 118; Thence, S 75º 55’ E 290.31 m to point 153;
Thence, N 45º 44’ W 106.41 m to point 119; a monument; Thence, S 29º 06’ E 75.65 m to point 154;
Thence, N 06º 22’ W 17.95 m to point 120; Thence, N 88º 26’ E 172.74 m to point 155;
Thence, S 83º 53’ W 629.50 m to point 121; Thence, N 12º 59’ E 381.95 m to point 156;
Thence, S 82º 52’ W 178.78 m to point 122; M.B.M. #12; Thence, N 11º 40’ W 59.33 m to point 157;
Thence, S 71º 45’ W 276.41 m to point 123; Thence, N 44º 41’ E 5.19 m to point 158;
Thence, N 72º 33’ W 157.83 m to point 124; Thence, S 83º 12’ E 36.24 m to point 159;
Thence, N 50º 31’ E 177.10 m to point 125; P.L.S./B.L.; Thence, N 62º 30’ E 105.59 m to point 160;
Thence, S 87º 59’ E 275.20 m to point 126; Thence, N 62º 07’ E 49.17 m to point 161;
Thence, N 28º 05’ E 321.56 m to point 127; P.L.S./B.L.; Thence, N 80º 35’ E 21.51 m to point 162;
Thence, N 53º 46’ E 412.63 m to point 128; Thence, N 88º 20’ E 82.34 m to point 163;
Thence, N 61º 22’ E 360.08 m to point 129; P.L.S./B.L. on Thence, N 79º 35’ E 19.78 m to point 164;
a rock;
Thence, N 03º 45’ E 9.32 m to point 165;
Thence, S 74º 14’ E 435.24 m to point 130;
Thence, N 06º 24’ E 129.80 m to point 166;
Thence, N 54º 21’ E 407.58 m to point 131;
Thence, N 21º 24’ W 39.08 m to point 167;
Thence, N 86º 40’ W 494.60 m to point 132; P.L.S./B.L.;
Thence, N 42º 02’ W 487.60 m to point 168;
Thence, S 60º 00’ W 295.94 m to point 133; P.L.S./B.L. on
a rock; Thence, N 65º 20’ E 172.12 m to point 169;

Thence, N 16º 20’ W 328.07 m to point 134; Thence, N 39º 33’ E 24.97 m to point 170;

Thence, N 16º 20’ W 347.45 m to point 135; P.L.S./B.L.; Thence, N 87º 50’ E 16.61 m to point 171; P.L.S./B.L.;

Thence, N 58º 17’ E 463.52 m to point 136; Thence, N 30º 24’ E 383.11 m to point 172;

Thence, N 41º 33’ E 277.58 m to point 137; Thence, S 63º 17’ W 156.97 m to point 173; P.L.S./B.L.;

Thence, N 15º 03’ E 383.90 m to point 138; P.L.S./B.L.; Thence, N 41º 11’ W 422.41 m to point 174;

Thence, N 89º 26’ W 341.78 m to point 139; Thence, N 11º 40’ W 128.84 m to point 175;

Thence, N 76º 17’ W 218.04 m to point 140; P.L.S./B.L.; Thence, S 85º 40’ W 215.22 m to point 176; P.L.S./B.L.;

Thence, N 88º 04’ W 154.69 m to point 141; P.L.S./B.L.; Thence, N 27º 46’ E 177.88 m to point 177; P.L.S./B.L.;

Thence, S 47º 18’ W 222.00 m to point 142; P.L.S./B.L. on Thence, N 67º 26’ W 110.96 m to point 178;
a rock; Thence, N 40º 20’ E 274.86 m to point 179;
Thence, S 15º 35’ W 122.42 m to point 143; P.L.S./B.L.; Thence, N 45º 23’ W 59.65 m to point 180;
Thence, N 29º 33’ W 1,059.37 m to point 144; Thence, S 49º 25’ E 67.93 m to point 181;
Thence, N 17º 48’ W 39.99 m to point 145; South of Thence, N 62º 08’ E 78.54 m to point 182; a rock;
Najalin River;
Thence, S 70º 32’ E 30.30 m to point 183; P.L.S./B.L.;
Thence, N 00º 43’ W 82.18 m to point 146;
Thence, S 50º 31’ E 112.83 m to point 184;
Thence, N 61º 17’ E 159.24 m to point 147;
Thence, S 82º 32’ E 102.49 m to point 185; P.L.S./B.L.;
Thence, S 71º 05’ W 171.91 m to point 148;
Thence, S 60º 48’ E 97.35 m to point 186; a rock;
Thence, N 81º 58’ E 179.76 m to point 149;
Thence, N 45º 43’ E 179.43 m to point 187; Thence, N 29º 08’ 59’’ 751.54 m to point 222;
E
Thence, N 81º 36’ E 67.21 m to point 188;
Thence, N 60º 16’ 01’’ 599.55 m to point 223;
Thence, N 72º 50’ E 212.30 m to point 189; a rock; W
Thence, S 03º 43’ E 11.57 m to point 190; Thence, S 57º 18’ 06’’ 878.88 m to point 224;
Thence, S 43º 36’ E 142.76 m to point 191; P.L.S./B.L.; W

Thence, S 76º 00’ E 409.15 m to point 192; P.L.S./B.L.; Thence, N 21º 23’ 0’’ 53.15 m to point 225;
E
Thence, S 85º 19’ E 661.85 m to point 193;
Thence, N 26º 49’ W 53.32 m to point 226;
Thence, S 85º 19’ E 95.00 m to point 194;
Thence, N 81º 56’ W 141.88 m to point 227;
Thence, S 81º 24’ E 312.72 m to point 195; P.L.S./B.L.;
Thence, S 82º 20’ W 65.65 m to point 228;
Thence, N 06º 18’ E 179.93 m to point 196; P.L.S./B.L.;
Thence, N 80º 48’ W 32.98 m to point 229;
Thence, N 38º 19’ W 482.93 m to point 197;
Thence, N 68º 01’ W 74.48 m to point 230;
Thence, S 21º 42’ E 387.25 m to point 198;
Thence, N 48º 39’ W 99.47 m to point 231;
Thence, N 82º 54’ W 706.42 m to point 199;
Thence, N 40º 53’ W 97.88 m to point 232;
Thence, N 27º 19’ E 320.54 m to point 200;
Thence, N 73º 54’ W 52.72 m to point 233;
Thence, N 27º 19’ E 220.00 m to point 201;
Thence, N 16º 54’ W 18.04 m to point 234;
Thence, 63º 16’ W 211.33 m to point 202;
Thence, N 06º 09’ W 79.11 m to point 235;
Thence, 41º 29’ W 31.17 m to point 203;
Thence, N 25º 21’ W 71.92 m to point 236;
Thence, 53º 14’ E 298.28 m to point 204;
Thence, 29º 51’ W 36.05 m to point 237;
Thence, N 62º 03’ 424.43 m to point 205;
Thence, 60º 19’ W 61.60 m to point 238;
Thence, N 05º 12’ E 572.38 m to point 206;
Thence, N 46º 26’ W 23.38 m to point 239;
Thence, N 10º 17’ E 42.99 m to point 207;
Thence, N 56º 47’ W 41.81 m to point 240;
Thence, N 22º 25’ E 373.82 m to point 208;
Thence, N 63º 56’ W 26.84 m to point 241;
Thence, N 75º 47’ E 244.19 m to point 209;
Thence, N 35º 46’ W 74.34 m to point 242;
Thence, N 18º 33’ E 38.03 m to point 210;
Thence, N 62º 52’ W 45.00 m to point 243;
Thence, N 56º 48’ W 459.05 m to point 211;
Thence, N 57º 13’ W 20.00 m to point 244;
Thence, N 44º 55’ W 76.51 m to point 212;
Thence, S 12º 12’ W 10.31 m to point 245;
Thence, N 13º 12’ W 107.36 m to point 213;
Thence, S 37º 45’ W 49.22 m to point 246;
Thence, N 43º 30’ E 143.37 m to point 214;
Thence, S 13º 57’ W 57.94 m to point 247;
Thence, N 76º 53’ E 14.59 m to point 215;
Thence, S 04º 11’ E 37.95 m to point 248;
Thence, N 66º 29’ E 783.04 m to point 216;
Thence, N 22º 48’ W 64.32 m to point 249;
Thence, S 71º 26’ 59’’ 888.69 m to point 217;
Thence, N 16º 53’ W 76.16 m to point 250;
Thence, N 18º 30’ 579.07 m to point 218;
00.110’’ W Thence, N 07º 27’ W 89.53 m to point 251;

Thence, N 87º 28’ 58’’ 410.05 m to point 219; Thence, S 52º 25’ W 574.10 m to point 252;
E Thence, N 40º 26’ W 160.62 m to point 253;
Thence, N 27º 37’ 59’’ 1,051.62 m to point 220; Thence, N 36º 17’ E 535.68 m to point 254;
E
Thence, S 72º 00’ W 83.32 m to point 255;
Thence, S 60º 16’ 01’’ 673.44 m to point 221;
E Thence, N 44º 09’ W 52.90 m to point 256;
Thence, S 71º 01’ W 142.28 m to point 257; Thence, N 49º 00’ E 52.52 m to point 294;
Thence, N 22º 09’ W 75.72 m to point 258; Thence, N 23º 00’ E 41.06 m to point 295;
Thence, N 37º 17’ W 142.28 m to point 259; Thence, N 01º 47’ W 28.83 m to point 296;
Thence, S 82º 53’ W 90.96 m to point 260; Thence, N 27º 26’ W 56.84 m to point 297;
Thence, N 36º 36’ W 83.41 m to point 261; Thence, N 49º 31’ W 40.40 m to point 298;
Thence, N 74º 12’ W 128.09 m to point 262; Thence, N 05º 09’ W 65.10 m to point 299;
Thence, N 23º 21’ W 76.11 m to point 263; Thence, N 43º 07’ W 65.22 m to point 300;
Thence, N 64º 59’ W 70.85 m to point 264; Thence, N 33º 15’ W 56.52 m to point 301;
Thence, N 31º 22’ W 128.03 m to point 265; Thence, N 25º 55’ W 41.54 m to point 302;
Thence, N 05º 04’ W 27.98 m to point 266; Thence, S 48º 23’ W 79.17 m to point 303;
Thence, N 31º 40’ W 163.02 m to point 267; Thence, S 89º 38’ W 38.18 m to point 304;
Thence, N 51º 42’ W 62.55 m to point 268; Thence, N 22º 14’ W 24.89 m to point 305;
Thence, N 40º 55’ W 136.12 m to point 269; Thence, N 60º 37’ E 185.48 m to point 306;
Thence, N 25º 24’ E 16.42 m to point 270; Thence, S 86º 40’ E 358.03 m to point 307;
Thence, N 80º 15’ W 53.15 m to point 271; Thence, N 76º 47’ E 1,062.80 m to point 308;
Thence, S 81º 14’ W 120.87 m to point 272; Thence, S 63º 25’ E 1.492.83 m to point 309;
Thence, N 40º 40’ W 44.24 m to point 273; Thence, N 11º 41’ E 305.44 m to point 310;
Thence, N 59º 40’ W 75.62 m to point 274; Thence, S 34º 24’ E 33.24 m to point 311;
Thence, S 67º 47’ W 24.40 m to point 275; Thence, S 55º 32’ E 84.54 m to point 312;
Thence, N 82º 44’ W 50.73 m to point 276; Thence, S 16º 04’ E 40.37 m to point 313;
Thence, N 26º 30’ W 45.71 m to point 277; Thence, S 46º 29’ E 81.81 m to point 314;
Thence, N 68º 13’ W 54.28 m to point 278; Thence, S 60º 04’ E 92.76 m to point 315;
Thence, S 46º 36’ W 61.98 m to point 279; Thence, S 06º 07’ E 71.84 m to point 316;
Thence, S 55º 40’ W 40.58 m to point 280; Thence, S 07º 14’ E 131.42 m to point 317;
Thence, S 88º 22’ W 52.72 m to point 281; Thence, S 49º 55’ W 56.84 m to point 318;
Thence, N 46º 45’ W 89.71 m to point 282; Thence, S 17º 42’ E 88.09 m to point 319;
Thence, S 49º 14’ W 90.10 m to point 283; Thence, S 34º 29’ E 123.84 m to point 320;
Thence, N 57º 07’ W 68.15 m to point 284; Thence, S 64º 05’ E 187.32 m to point 321;
Thence, S 52º 18’ W 18.54 m to point 285; Thence, N 75º 49’ E 221.64 m to point 322;
Thence, S 34º 02’ W 54.45 m to point 286; Thence, S 75º 88’ E 29.06 m to point 323;
Thence, S 79º 08’ W 62.01 m to point 287; Thence, S 75º 56’ E 75.00 m to point 324;
Thence, N 85º 30’ W 157.04 m to point 288; Thence, S 73º 52’ E 99.94 m to point 325;
Thence, N 54º 33’ W 98.18 m to point 289; Thence, S 14º 24’ E 82.34 m to point 326;
Thence, S 45º 33’ W 40.41 m to point 290; Thence, S 25º 22’ E 68.65 m to point 327;
Thence, S 71º 20’ W 44.20 m to point 291; Thence, S 23º 08’ W 45.12 m to point 328;
Thence, N 80º 44’ W 55.92 m to point 292; Thence, S 53º 05’ E 75.14 m to point 329;
Thence, N 18º 10’ E 77.89 m to point 293; Thence, S 69º 55’ E 89.86 m to point 330;
Thence, S 84º 41’ E 152.13 m to point 331; Thence, N 47º 39’ E 31.70 m to point 368;
Thence, S 40º 39’ W 206.90 m to point 332; Thence, N 88º 50’ E 13.26 m to point 369;
Thence, N 59º 26’ E 224.48 m to point 333; Thence, S 78º 38’ E 303.42 m to point 370;
Thence, N 54º 24’ W 110.65 m to point 334; Thence, N 46º 36’ E 185.07 m to point 371;
Thence, N 29º 59’ W 168.88 m to point 335; Thence, N 49º 06’ E 163.19 m to point 372;
Thence, N 57º 51’ E 40.38 m to point 336; Thence, N 73º 46’ E 34.45 m to point 373;
Thence, N 13º 41’ E 33.15 m to point 337; Thence, N 25º 21’ E 147.97 m to point 374;
Thence, N 01º 00’ W 26.52 m to point 338; Thence, N 19º 31’ E 394.78 m to point 375;
Thence, N 15º 03’ W 16.53 m to point 339; Thence, N 67º 22’ W 466.71 m to point 376;
Thence, N 24º 58’ W 10.85 m to point 340; Thence, N 87º 36’ W 141.88 m to point 377;
Thence, N 24º 58’ W 10.00 m to point 341; Thence, S 75º 32’ W 18.49 m to point 378;
Thence, N 02º 11’ W 47.81 m to point 342; Thence, N 32º 07’ W 81.79 m to point 379;
Thence, N 12º 05’ W 36.03 m to point 343; Thence, S 78º 59’ W 47.00 m to point 380;
Thence, N 42º 43’ W 42.37 m to point 344; Thence, N 44º 52’ W 37.43 m to point 381;
Thence, N 28º 14’ W 45.13 m to point 345; Thence, N 23º 16’ W 58.06 m to point 382;
Thence, N 50º 27’ W 46.14 m to point 346; Thence, N 38º 04’ W 65.54 m to point 383;
Thence, N 18º 34’ W 27.99 m to point 347; Thence, N 60º 03’ W 46.42 m to point 384;
Thence, N 23º 02’ W 23.82 m to point 348; Thence, N 30º 15’ W 19.95 m to point 385;
Thence, N 52º 36’ W 17.74 m to point 349; Thence, N 29º 08’ E 35.18 m to point 386;
Thence, N 72º 55’ W 27.78 m to point 350; Thence, N 10º 08’ E 41.83 m to point 387;
Thence, N 36º 17’ W 30.16 m to point 351; Thence, N 58º 04’ W 39.48 m to point 388;
Thence, N 55º 14’ W 62.33 m to point 352; Thence, N 59º 25’ W 32.48 m to point 389;
Thence, N 15º 29’ W 25.00 m to point 353; Thence, N 82º 26’ E 382.30 m to point 390;
Thence, N 27º 27’ W 47.57 m to point 354; Thence, N 82º 26’ E 242.00 m to point 391;
Thence, N 53º 45’ W 88.70 m to point 355; Thence, N 38º 33’ E 866.76 m to point 392;
Thence, N 05º 40’ W 46.02 m to point 356; Thence, N 64º 13’ E 29.53 m to point 393;
Thence, N 51º 00’ W 46.76 m to point 357; Thence, S 46º 56’ E 45.14 m to point 394;
Thence, N 12º 25’ W 77.07 m to point 358; Thence, S 07º 28’ E 64.35 m to point 395;
Thence, N 41º 49’ W 30.62 m to point 359; Thence, S 11º 54’ E 85.23 m to point 396;
Thence, N 15º 36’ E 44.00 m to point 360; Thence, S 45º 34’ E 85.13 m to point 397;
Thence, N 23º 49’ W 79.29 m to point 361; Thence, S 36º 48’ E 235.38 m to point 398;
Thence, N 33º 47’ W 48.94 m to point 362; Thence, S 83º 15’ E 66.10 m to point 399;
Thence, N 15º 07’ W 57.16 m to point 363; Thence, S 11º 58’ E 75.02 m to point 400;
Thence, N 16º 26’ E 42.16 m to point 364; Thence, S 48º 21’ E 57.51 m to point 401;
Thence, N 25º 39’ W 47.89 m to point 365; Thence, S 76º 38’ E 211.24 m to point 402;
Thence, N 42º 14’ E 37.41 m to point 366; Thence, N 60º 06’ E 228.22 m to point 403;
Thence, N 00º 17’ W 21.66 m to point 367; Thence, N 53º 27’ E 93.78 m to point 404;
Thence, N 30º 13’ W 35.60 m to point 405; Thence, S 38º 38’ E 145.14 m to point 441;
Thence, N 04º 02’ E 246.29 m to point 406; Thence, N 85º 25’ E 303.58 m to point 442;
Thence, Due West, 117.32 m to point 407; Thence, S 56º 49’ E 322.22 m to point 443;
Thence, N 22º 29’ W 90.88 m to point 408; Thence, N 86º 19’ E 141.17 m to point 444;
Thence, N 00º 39’ E 43.98 m to point 409; Thence, N 27º 31’ E 84.16 m to point 445;
Thence, S 07º 27’ E 183.76 m to point 410; Thence, N 79º 21’ E 432.26 m to point 446;
Thence, N 65º 47’ E 15.80 m to point 411; Thence, S 41º 52’ E 726.22 m to point 447;
Thence, N 51º 04’ W 29.44 m to point 412; Thence, S 44º 30’ E 69.15 m to point 448;
Thence, N 14º 53’ E 100.90 m to point 413; Thence, S 73º 59’ E 546.59 m to point 449;
Thence, N 33º 16’ E 145.92 m to point 414; Thence, S 47º 11’ E 190.22 m to point 450;
Thence, N 14º 13’ E 60.02 m to point 415; Thence, S 74º 08’ E 373.59 m to point 451;
Thence, N 36º 13’ E 114.80 m to point 416; Thence, N 71º 36’ E 333.89 m to point 452;
Thence, N 22º 52’ W 195.33 m to point 417; Thence, S 51º 26’ E 342.17 m to point 453;
Thence, N 21º 51’ E 136.62 m to point 418; Thence, S 29º 48’ E 84.26 m to point 454;
Thence, N 72º 46’ E 52.00 m to point 419; Thence, S 84º 27’ E 19.50 m to point 455;
Thence, N 13º 59’ W 2,165.35 m to point 420; Thence, S 66º 39’ E 144.25 m to point 456;
Thence, N 68º 04’ E 103.20 m to point 421; Thence, S 34º 22’ E 24.11 m to point 457;
Thence, S 56º 09’ E 89.90 m to point 422; Thence, S 42º 28’ E 396.70 m to point 458;
Thence, S 45º 08’ E 90.78 m to point 423; Thence, S 73º 24’ E 97.59 m to point 459;
Thence, S 77º 53’ E 39.47 m to point 424; Thence, N 89º 40’ E 276.16 m to point 460;
Thence, N 79º 11’ E 229.41 m to point 425; Thence, S 14º 57’ E 247.08 m to point 461;
Thence, N 72º 45’ E 232.40 m to point 426; Thence, S 37º 22’ W 176.34 m to point 462;
Thence, N 62º 03’ E 188.02 m to point 427; Thence, S 27º 53’ W 144.99 m to point 463;
Thence, N 83º 43’ E 410.38 m to point 428; Thence, N 60º 30’ E 152.79 m to point 464;
Thence, N 18º 53’ W 83.05 m to point 429; Thence, N 89º 07’ E 271.35 m to point 465; P.L.S./B.L. on
a big rock;
Thence, N 12º 39’ E 423.74 m to point 430;
Thence, S 72º 22’ E 89.07 m to point 466;
Thence, S 54º 21’ E 77.10 m to point 431;
Thence, S 84º 00’ E 638.13 m to point 467; a monument;
Thence, N 37º 45’ E 173.24 m to point 432; A monument
P.L.S./B.L.; Thence, N 39º 00’ E 8.74 m to point 468; A monument;
Thence, S 67º 13’ E 141.34 m to point 433; A monument Thence, S 45º 09’ E 149.32 m to point 469;
P.L.S./B.L.;
Thence, N 04º 54’ W 312.58 m to point 470;
Thence, S 32º 35’ E 393.63 m to point 434;
Thence, N 49º 12’ E 31.73 m to point 471; "x" mark on a
Thence, S 17º 15’ E 258.40 m to point 435; rock;
Thence, S 82º 09’ E 61.19 m to point 436; Thence, N 29º 32’ E 38.40 m to point 472;
Thence, N 79º 59’ E 103.20 m to point 437; Thence, N 54º 37’ E 265.82 m to point 473;
Thence, N 56º 29’ E 202.02 m to point 438; Thence, S 70º 57’ E 15.71 m to point 474;
Thence, S 67º 31’ E 287.80 m to point 439; Thence, S 80º 51’ E 233.18 m to point 475;
Thence, S 16º 03’ E 251.10 m to point 440; Thence, S 25º 29’ E 342.09 m to point 476; A monument;
Thence, S 44º 12’ E 368.42 m to point 477; A monument; upstream River;
Thence, S 44º 35’ E 9.69 m to point 478; A monument; Thence, S 11º 00’ E 300.00 m to point 511;
Thence, S 48º 39’ E 370.93 m to point 479; A monument; Thence, S 11º 00’ W 238.00 m to point 512;
Thence, N 63º 22’ E 645.23 m to point 480; Thence, S 08º 00’ W 450.00 m to point 513;
Thence, N 72º 23’ E 225 m to point 481; Thence, S 30º 00’ W 350.00 m to point 514;
Thence, N 69º 17’ E 151.20 m to point 482; A monument; Thence, S 26º 08’ W 238.00 m to point 515;
Thence, S 87º 28’ E 9.97 m to point 483; Thence, Southwest 425.00 m to point 516; Of Magalao
upstream Creek
Thence, N 84º 29’ E 71.83 m to point 484;
Thence, S 67º 00’ E 600.00 m to point 517;
Thence, S 64º 30’ E 125.85 m to point 485;
Thence, S 30º 00’ W 938.00 m to point 518;
Thence, S 69º 26’ W 62.20 m to point 486;
Thence, S 76º 00’ W 275 m to point 519;
Thence, S 73º 01’ E 442.53 m to point 487;
Thence, S 20º 00’ W 350.00 m to point 520;
Thence, S 00º 16’ W 126.46 m to point 488; A monument;
Thence, S 02º 00’ E 600.00 m to point 521;
Thence, S 35º 51’ W 58.20 m to point 489;
Thence, S 43º 00’ W 370.00 m to point 522;
Thence, S 17º 27’ W 319.46 m to point 490;
Thence, S 21º 00’ W 500.00 m to point 523;
Thence, S 32º 41’ E 77.60 m to point 491;
Thence, S 33º 00’ W 400.00 m to point 524;
Thence, S 57º 36’ E 234.27 m to point 492;
Thence, S 14º 00’ W 550.00 m to point 525;
Thence, N 81º 30’ E 89.61 m to point 493;
Thence, S 34º 00’ E 138.00 m to point 526;
Thence, S 89º 01’ E 202.15 m to point 494; P.L.S./B.L. on
a big rock; Thence, N 63º 43’ W 115.41 m to point 527;
Thence, S 81º 33’ E 257.16 m to point 495; Thence, N 61º 25’ W 197.81 m to point 528;
Thence, S 30º 35’ E 199.29 m to point 496; A monument; Thence, N 60º 08’ W 68.27 m to point 529;
Thence, S 38º 02’ E 221.79 m to point 497; Thence, N 44º 50’ W 119.40 m to point 530;
Thence, S 84º 32’ E 108.44 m to point 498; Thence, S 69º 26’ W 78.88 m to point 531;
Thence, S 78º 52’ E 147.21 m to point 499; Thence, N 74º 47’ W 71.81 m to point 532;
Thence, S 47º 56’ E 121.53 m to point 500; Thence, S 67º 00’ E 50.90 m to point 533;
Thence, S 28º 03’ E 113.21 m to point 501; Thence, N 60º 48’ W 121.49 m to point 534;
Thence, S 66º 00’ E 344.84 m to point 502; Thence, N 68º 04’ W 110.36 m to point 535;
Thence, S 66º 56’ E 121.55 m to point 503; Thence, N 22º 22’ W 71.58 m to point 536;
Thence, S 09º 32’ E 92.35 m to point 504; A monument Thence, S 86º 59’ W 24.88 m to point 537;
M.C./F.Z. No. 2;
Thence, S 18º 33’ W 874.54 m to point 538;
Thence, S 87º 33’ W 97.00 m to point 505;
Thence, S 36º 15’ W 13.90 m to point 539; A creek;
Thence, S 87º 33’ W 1,858.22 m to point 506; A
monument M.C./F.Z. No. 3; Thence, S 41º 24’ E 50.35 m to point 540; A creek;

Thence, S 00º 31’ W 6,149.50 m to point 507; A Thence, S 31º 21’ E 45.57 m to point 541; A creek;
monument M.C./F.Z. No. 4; Thence, S 12º 56’ E 33 m to point 542; A creek;
Thence, S 34º 32’ W 48.98 m to point 508; A point along Thence, S 22º 20’ E 61.90 m to point 543; A creek;
Lairanan River;
Thence, S 54º 56’ E 19.52 m to point 544; A creek;
Thence, Due West 620.00 m to point 509; Of Lairanan
upstream River; Thence, S 05º 57’ W 45.79 m to point 545; A creek;
Thence, Due West 1,000.00 m to point 510; Of Lairanan Thence, S 02º 32’ W 30.60 m to point 546; A creek;
Thence, S 18º 09’ E 22.23 m to point 547; A creek; Thence, N 71º 20´ 00.116˝ E
Thence, S 21º 39’ W 34.61 m to point 548; Thence, N 13º 36´ 59.826˝ W
Thence, S 42º 03’ E 35.97 m to point 549; Thence, N 58º 32´ 52.757˝ E
Thence, S 33º 45’ E 57.38 m to point 550; Thence, S 88º 55´ 58.078˝ E
Thence, S 15º 16’ W 20.89 m to point 551; Thence, S 75º 03´ 03.400˝ E
Thence, S 42º 26’ E 52.11 m to point 552; Thence, S 63º 08´ 01.688˝ E
Thence, S 57º 45’ E 152.90 m to point 553; Thence, N 80º 52´ 00.810˝ E
Thence, N 49º 48’ E 57.00 m to point 554; Thence, N 73º 59´ 00.477˝ E
Thence, N 64º 05’ E 54.45 m to point 555; Thence, N 36º 49´ 58.981˝ E
Thence, S 25º 32’ E 80.56 m to point 556; Thence, N 21º 22´ 59.083˝ E
Thence, S 57º 48’ E 61.10 m to point 557; Thence, N 57º 18´ 05.766˝ E
Thence, S 55º 11’ E 63.91 m to point 558; Thence, S 60º 51´ 00.585˝ E
Thence, S 64º 21’ W 1,251.09 m to point 559; M.C./F.Z.; Thence, S 29º 08´ 58.590˝ W
Thence, S 30º 37’ W 2,933.47 m to point 560; M.C./F.Z. Thence, N 60º 16´ 00.976˝ W
No. 8;
Thence, S 27º 37´ 59.013˝ W
Thence, S 36º 59’ E 1,322.30 m to point 561;
Thence, S 87º 28´ 57.536˝ W
Thence, S 61º 35’ W 3,380.85 m to point 1, the point
Thence, S 18º 30´ 00.110˝ E

of beginning at plan NP or P.B.M. No. 4 between Negros Thence, N 71º 26´ 59.347˝ W 888.
Occidental and Negros Orriental recorded in Pontevedra
Cadastre No. 60, B.L. Case No. 2, Negros Orriental, Containing an area of one hundred sixty-nine (169)
containing an approximate total land area of 24,388 hectares, more or less.
hectares.
Any geothermal exploration for or development of energy or mineral
Section 5. Establishment of a Buffer Zone. - An area for the resources within the MKNP shall not be allowed except by an Act of
exploration development and utilization of geothermal energy Congress. Moreover, permits for geothermal activities shall be
resources as well as other exploration activities is hereby established pursuant to relevant forestry and environmental regulations:
as the buffer zone with the following technical description: Provided, That areas within the buffer zone which shall not be used
directly for the development and utilization of geothermal energy
Beginning at a point marked "1" on plan, being S shall remain under the control and jurisdiction of the PAMB.
66º24'43.616"E, 2591.09 meters from PBM no 29, Bago
City;lawphil The proponent of the geothermal project shall contribute to the
Integrated Protected Are Fund (IPAF) to be established by the DENR
Thence, N 00º 10´ 00.061˝ E pursuant to the NIPAS Act and pertinent DENR rules and
regulations. Moreover, the PAMB of the MKNP shall be represented
Thence, S 87º 26´ 00.162˝ E in the multi-partite environmental monitoring committee for the
geothermal operation undertaken within the buffer zone subject to
Thence, N 17º 09´ 59.953˝ W
Presidential Decree No. 1586 or the Environmental Impact Statement
Thence, N 21º 05´ 00.265˝ E System, DENR Administrative Order 96-37, Series of 1996
(Strengthening the Implementation of the Environmental Impact
Thence, N 65º 20´ 59.849˝ W Statement System), and pertinent DENR rules and regulations.
Thence, N 48º 20´ 59.842˝ E
ARTICLE II
Thence, N 33º 07´ 00.409˝ E MANAGEMENT, MANAGEMENT PLAN, AND ZONING
Thence, S 21º 32´ 59.909˝ E
Section 6. Management of the MKNP. - The management and
Thence, N 56º 38´ 59.926˝ E administration of the MKNP shall be vested with the PAMB:
Provided, That the management of zones to be established within the
Thence, N 32º 51´ 59.773˝ W MKNP shall be consultative and participatory.
Thence, N 71º 59´ 59.632˝ E
Section 7. Local Government Units. - Local government units shall
participate in the management of the MKNP through representation
in the PAMB. To allow the integration of the objectives of the MKNP
with the development plans for the Island of Negros, the local
government units shall ensure that local ordinances relating to the
environment including the allocation of funds for environmental
programs are consistent with this Act and the Management Plan as
herein provided.
Section 8. Management Plan. - In order to achieve the objectives of
this Act, there shall be a Management Plan which shall provide a
long-term basic framework on the management of the MKNP, govern
all activities within the MKNP, and serve as guide in the preparation
of its annual operations and budget. The Management Plan shall
identify the allowed uses for each zone. For specialized uses such as
academic and scientific purposes, consultations shall be conducted
by a committee of four (4) PAMB representatives and four (4)
representatives from concerned LGUs: Provided, That the PAMB
representatives shall not come from any of the involved LGUs. The
Management Plan shall be consistent with the nature of the MKNP
as a protected area under the category of a natural park.
Within one (1) year from the effectivity of this Act, the PASu shall
prepare the Management Plan in accordance with the General
Management Planning Strategy as provided for in the NIPAS Act in
coordination with the appropriate officers of the DENR, local
communities, and experts who may offer their services. It shall
contain, among others, the following:
(a) A period of applicability for thirty (30) years subject to
periodic review every five (5) years;
(b) Key management issues;
(c) Goals and objectives of management in support of
Section 2 hereof;
(d) Site management strategies;
(e) Zoning in accordance with Section 9 hereof;
(f) Management programs to include enforcement of laws,
habitat and wildlife management, ecotourism, sustainable
use management, infrastructure development and
maintenance, fire prevention and pest control;
(g) Mechanisms for protection of ICCs/IPs and tenured
migrants in the exercise of their rights;
(h) Sustainable and non-destructive livelihood activities;
(i) Regulations in furtherance of the preservation and
conservation objectives of the MKNP as a protected area
such as the issuance of permits, resource-use restrictions,
among others;
The Management Plan shall be reviewed and adopted by the PAMB
and certified to by the DENR Secretary that it conforms to all laws,
rules and regulations issued by the DENR. The Management Plan
shall not be revised nor modified without prior consultation with the
PAMB and must be in accordance with the procedure herein set
forth.
The Management Plan shall be periodically reviewed and shall be
updated every five (5) years pursuant to the NIPAS Act.
A year before the expiration of the current Management Plan, the
PASu shall cause the publication of notices for comments and
suggestions on the successor plan in a newspaper of local circulation
and the posting of such notices in the provincial, municipal and
barangay halls of the local government units comprising the MKNP,
and in three (3) other conspicuous areas frequented by the public
within the MKNP. Two public hearings on the same calendar year
shall be conducted on the successor plan. The proposed
Management Plan shall be made available for public perusal at the
Office of the PASu.
The Management Plan shall be prepared in English, Tagalog,
Ilonggo, and Cebuano, plainly written, and available for public
persual at the office of the PASu.
Section 9. Zoning. - Zones shall be established within the MKNP
giving primary consideration to its protection and conservation.
Zoning shall also take into account the tenurial and livelihood
concerns of communities to ensure the efficient protection of
habitats, fragile ecosystems, and unique areas.
The establishment and management of zones must involve the
community concerned by undertaking such steps as dialogue
consultations, and land and resource-use mapping with thee aid of
Geographic Information System (GIS) and the latest technologies.
Zones shall be demarcated on the ground and indicated on maps
with the participation of communities, local government units, and
other stockholders.
ARTICLE III
INSTITUTIONAL MECHANISMS, ROLES, AND FUNCTIONS OF
MANAGEMENT
Section 10. Institutional Mechanisms. - (A) The PAMB shall be the
policymaking body of the MKNP. It shall be composed of:
(1) The Regional Executive Directors (RED) of
DENR Regions VI and VII, with the RED of
Region VI as PAMB chair;
(2) The Governors of Negros Occidental and
Negros Oriental, or their respective duly
authorized regular representatives;
(3) The mayors of municipalities and cities with
territory within the MKNP, or their respective duly
authorized regular representatives;
(4) All barangay captains of barangays with
territory within MKNP, or their respective duly
authorized regular representatives;
(5) Three (3) representatives from NGOs based
in Negros Occidental which are accredited with
 the DENR and the LGU and with tangible
projects at the time of their membership in the
PAMB;
(6) A PO representative chosen from among
themselves for each municipality and city with
territory within the MKNP: Provided, That the
POs are accredited with the DENR and the LGU
and with tangible projects at the time of their
membership in the PAMB;
(7) The Provincial Planning and Development
Officers (PPDO) of Negros Occidental and
Negros Oriental;
(8) An ICC/IP representative for each tribal
community within the MKNP; and
(9) A duly authorized representative with
environmental expertise of the Philippine
National Oil Company Energy Development
Corporation (PNOC EDC).
(B) There shall be an Executive Committee (Execom)
within the PAMB to whom the PAMB may delegate some of
its powers and functions. It shall be composed of:
(1) The RED or DENR Region VI as chairman;
(2) The Governors of Negros Occidental and
Negros Oriental, or their respective duly
authorized, regular representatives;
(3) Two (2) mayor representatives, to be chosen
from among themselves, or their respective duly
authorized, regular representatives;
(4) Two (2) barangay captain representatives,
one each from Negros Occidental and Negros
Oriental, to be chosen from among themselves;
or their respective authorized, regular
representatives;
(5) One (1) from the NGO representatives;
(6) One (1) from the PO representatives;
(7) One (1) from the ICC/IP representatives; and
(8) One (1) from the PNOC EDC.
(C) Except for government officials who shall serve ex
officio, every PAMB member shall serve for a term of five
(5) years: Provided, That he/she remains connected with
the sector he/she is supposed to represent: Provided,
further, That the term of office of an NGO/PO
representative in the PAMB shall be conterminous with the
duration or existence of the organization's projects within
the MKNP. Whenever a vacancy occurs during the term of
a nongovernment PAMB member, a new member shall be
chosen in the same manner as the original selection
process: Provided, That he/she shall only serve for the
remaining term.
(D) The PAMB en banc shall hold regular meetings at least
once a year. The PAMB Execom shall hold regular
meetings at least once every trimester. Special meetings
may be called upon proper notice as the need arises.
(E) PAMB members shall be entitled to reimbursement of
actual travelling expenses incurred in attending the
meetings of the PAMB or its committees subject to existing
accounting and budgeting rules and regulations. These
expenses shall be included in the MKNP budget.
Section 11. Functions of the PAMB. - The PAMB shall decide by a
majority vote and shall have the following powers and functions:
(a) Issue all rules and regulations to prohibit and regulate
acts that may be prejudicial to the MKNP pursuant to the
policy declarations herein set forth;
(b) Issue all necessary permits within the MKNP in
accordance with the Management Plan and pertinent laws
and DENR forestry and environmental rules and
regulations;
(c) Recommend to the DENR Secretary the criteria on fees
for the issuance of permits for activities regulated by this
Act or the Management Plan;
(d) Evaluate and approve project or program proposals to
be implemented within the MKNP;
(e) Adopt rules of procedures for the conduct of business,
including the creation of committees to whom its powers
may be delegated;
(f) Approve the Management Plan and oversee the Office
of the PASu;
(g) Deputize though the PASu, interested individuals for the
enforcement of the laws, rules and regulations governing
conduct within the MKNP and prescribe the necessary
qualifications therefor;
(h) Accept donations, approve proposals for funding,
budget allocations and exercise accountability over all
funds that may accrue to the MKNP;
(i) Coordinate with appropriate agencies of the
government, such as the regulation of flight patterns of
aircraft going over the area in terms of altitudinal limits and
emissions; and
(j) Retain legal counsel, either on a permanent or
temporary basis, to defend cases against the PAMB, the
PASu staff and deputized individuals whenever they are
 used in connection with the performance of their duties
under this Act, and to assist in other PAMB legal matters.
The DENR, through the RED of Region VI, shall ensure that the
PAMB acts within the scope of its powers and functions. In case of
conflict between administrative orders issued by the DENR pursuant
to the NIPAS Act and the rules and regulations or resolutions issued
by the PAMB, the DENR Secretary shall decide whether to apply the
rule or withdraw its application from the MKNP.
Section 12. The Office of the PASu. - There shall be an Office of the
Protected Areas Superintendent within the DENR to be headed by
the PASu who shall serve as the Chief Operating Officer of the
MKNP. The PASu shall possess the qualifications required for
appointment to the position of Provincial Environment and Natural
Resources Officer (PENRO) in the DENR. The PASu shall be directly
accountable to the PAMB and the RED of Region VI. The PASu shall
have the following powers and functions:
(a) Prepare the Management Plan as herein provided;
(b) Serve as head of the Secretariat for the PAMB with the
duty to provide the PAMB with all the information
necessary for it to make appropriate decisions;
(c) Hire and supervise the necessary personnel to support
operations which shall be included in the annual budget of
the DENR;
(d) Establish a productive partnership with the local
community, including groups interested in the achievement
of the goals and objectives of the MKNP, and in the
planning, protection and management thereof;
(e) Develop and implement a park information, education
and visitor programs;
(f) Enforce laws, rules and regulations relevant to the
MKNP and assist in the prosecution of offenses;
(g) Monitor all activities within the MKNP for conformity with
the Management Plan; and
(h) Perform such other functions as the PAMB may assign.
ARTICLE IV
ANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS
Section 13. Ancestral Lands and Domains. - The rights of ICCs/IPs in
the MKNP to their ancestral lands and domains shall be recognized
subject to existing and prior property rights. Traditional property
regimes exercised by ICCs/IPs in accordance with their customary
laws shall govern the relationship of all individuals within their
communities with respect to all land and other resources found within
their ancestral lands and domains.
The provisions of this Act shall be construed liberally in favor of the
ICCs/IPs in accordance with the preservation and conservation
objectives of the MKNP. Nothing herein shall be construed to impair,
diminish or derogate any prior or existing right currently enjoyed by
ICCs/IPs under existing laws.
Section 14. Tenured Migrants and Transient Farmers. - Tenured
migrants are those members of households that have actually and
continuously occupied by MKNP since June 1, 1987 and are solely
dependent on the MKNP for their livelihood. For purposes of official
documentation of rights and extent of occupation within the MKNP,
the tenured migrant household shall be issued a tenurial instrument
over such areas as have been occupied or cultivated but not to
exceed a maximum of three (3) hectares. If despite consideration
paid to current practices, areas occupied by tenured migrants are
designated as zones in which no occupation or other activities are
allowed, provisions for their transfer to multiple-use zones shall be
accomplished using humanitarian considerations.
To effectivity provide a social fence to prevent encroachment into the
MKNP, the tenurial instruments to be issued pursuant to this Act
must be community-based, limited solely to multiple-use zones,
promote clustering, and comply with the zoning and Management
Plans, as provided herein.
In no case shall the tenurial instruments or the rights and interests
therein be transferred, sold, leased, encumbered, or made as a
collateral, security or joint venture capital, otherwise it shall be void:
Provided, That said rights can only be transferred to direct
descendants.
Any violation of the terms and conditions of the tenurial instruments
or any provision of this Act or abandonment by a tenured migrant
shall constitute sufficient ground for he revocation of his/her tenurial
right.
Upon cancellation of a tenured migrant instrument for cause or by
voluntary surrender of rights, the PASu shall take immediate steps to
rehabilitate the area in order to return it to its natural state prior to the
cultivation or other act by the tenured migrant.
Occupants who do not qualify as tenured migrants but have been
occupying areas of the park prior to the enactment of this Act shall be
relocated to the multiple-use areas or available alienable and
disposable (A and D) lands of the public domain that are proximal to
their original abode. Occupants who shall be relocated within the
multiple-use zones shall quality for usufruct use while those relocated
to A and D areas may apply for ownership titles. Park occupants
shall be given priority in the government's relocation programs.
ARTICLE V
PROHIBITED ACTS
Section 15. Prohibited Acts. - The following shall be the prohibitions
and penalties applicable within the MKNP:
(A) A fine of not less than Five thousand pesos (P5,000.00)
but not more than Five hundred thousand pesos
(P500,000.00) and imprisonment of not less than six (6)
years and one (1) day but not more than twelve (12) years
shall be imposed upon any person who:
 (1) Hunts, collects, destroys, traps, disturbs or
possesses anywhere within the MKNP any wild
plant or animal or product derived therefrom
without prior PAMB permit.
(2) Possesses without a permit from PAMB any
wild plant or animal or product derived therefrom
outside the MKNP or any zone of MKNP where
the specie is not endemic.
(3) Cuts, gathers, collects or removes timber or
other forest products as well as undertakes any
activity not compatible with the use of the
respective zones within the MKNP without prior
PAMB permit: Provided, That any permit issued
shall be valid for only (1) month from the date of
issue either to tenured migrants within
sustainable monitored and controlled quotas or
for scientific purposes necessary for protected
area management in accordance with existing
guidelines, and outside the strict protection
zones.
(4) Establishes or introduces exotic species
within the MKNP with allelopathic effect or those
detrimental to endemic species, or without prior
PAMB permit.
(5) Engages in kaingin or in any activity that
causes forest fire inside the MKNP.
(B) A fine of not less than Five thousand pesos (P5,000.00)
but not more than Two hundred fifty thousand pesos
(P250,000.00) and/or imprisonment of not less than six (6)
months but no more than six (6) years and the restoration
and rehabilitation of the damage shall be imposed upon
any person who:
(1) Violates the Management Plan, or any
resolution issued by the PAMB.
(2) Vandalizes, mutilates, transports, destroys,
excavates, or in any manner intentionally
damages any natural formation or object of
natural beauty inside the MKNP, or the burial or
religious sites including artifacts and other
objects belonging to ICCs/IPs.
(3) Dumps, burns or otherwise disposes of any
substance deleterious to the ecosystem, plants
and animals, or human inhabitants in the
protected area or committing the same in buffer
and multiple use areas without appropriate
authority or permit.
(4) Uses or possesses a motorized equipment
anywhere within the Strict Protection Zone of the
MKNP without a prior permit from the PAMB.
(5) Uses or possesses chainsaws and band saws
without prior PAMB permit; Provided, That
permits may only be issued for multiple-use
zones.
(6) Grazing or raising of poultry and other
livestock for commercial purpose within the
MKNP: Provided, that existing grazing or poultry
and other livestock farms within the MKNP shall
be phased out within five (5) years.
(7) Damaging or leaving roads and trails in
damaged condition.
(8) Occupies any portion of land inside the MKNP
without a prior PAMB permit. Clearing,
construction of residence or any introduction of
improvements shall constitute prima facie
evidence of occupation or settlement.
(9) Altering, removing, destroying or defacing
boundaries, marks or signs.
(10) Constructs and maintains a building, edifice
or any kind of structure or conducts any business
enterprise within the MKNP without prior PAMB
permit.
(11) Enters he MKNP without prior PAMB permit
for purposes of trekking, mountain climbing,
camping, spelunking, and the like.
(12) Conducts bioprospecting within the MKNP
without prior PAMB permit in violation of existing
guidelines.
(13) Engages in treasure hunting within the
MKNP.
(C) A fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00) and/or imprisonment of not less than
six (6) months but not more than six (6) years shall be
imposed upon any public officer, or officer of law, who, in
dereliction of the duties of his office shall maliciously refrain
from instituting prosecution for the punishment of violators
of the law, or shall tolerate the commission of offenses.
Conviction of this offense shall also carry the penalty of
perpetual disqualification from public office.
(D) Any provision to the contrary notwithstanding, the
commission of any unlawful act enumerated under Section
15(A) herein shall carry the penalty of imprisonment of not
less than twelve (12) years and one (1) day but not more
than twenty (20) years and a fine or not less than Five
hundred thousand pesos (P500,000.00) to One million
pesos (P1,000,000.00) in addition to the accessory
penalties provided in the immediately succeeding
paragraph, in case the species involved is a protected
species as defined herein. Furthermore any citizen may
 institute the necessary charge against the offender for
commission of the acts enumerated under Section 15(A)
involving protected species.
(E) A conviction under this Section shall likewise carry the
penalty of eviction from the MKNP, payment of damages
for rehabilitation and restoration, and the forfeiture of all
equipment, device weapon/s used in the commission of the
offense as well as the protected area resources caught in
the possession of the accused. In case the offender is not
a citizen of the Philippines, he/she shall be immediately
deported to his/her country of origin after service of his/her
sentence. If the offender is an association or corporation,
the president or manager shall be directly responsible for
the act of his/her employees and laborers.
(F) The PASu or his/her duly deputized personnel may
arrest even without a warrant any person who has
committed or is committing in his/her presence any of the
offenses defined in this Section. He/she may also seize
and confiscate in favor of the Government, the tools and
equipment used in committing the offense and the
resources caught in the possession of the offender and file
the necessary charges therefor: Provided, That the DENR
may impose administrative fines and penalties in
accordance with law.
(G) In case of conviction, the penalty consisting of fines
and damages shall directly accrue to the IPAF as provided
therein.
Section 16. Special Prosecutors. - Within thirty (30) days from the
effectivity of this Act, the Department of Justice shall designate a
special prosecutor to whom all cases of violation of laws, rules and
regulations in the MKNP shall be assigned. Such special prosecutor
shall coordinate with the PAMB and the PASu in the performance of
his/her duties and assist in the training of wardens and rangers in
arrest and criminal procedure.
ARTICLE VI
PROCEEDS AND FEES
Section 17. Integrated Protected Areas Fund. - There is hereby
established a trust fund to be known as the Integrated Protected
Areas Fund (IPAF) for purposes of financing projects of the system.
All incomes generated from the operation of the system or
management of wild flora and fauna in the MKNP shall accrue to the
Fund. These income shall be derived from proceeds from fees from
permitted sale and export of flora and fauna and other resources
from the protected area and its buffer zones other than protected
species as may be set by the DENR and the PAMB, proceeds from
lease of multiple-use areas, contributions from industries and
facilities directly benefiting from the protected area and such other
fees and incomes derived from the operation of the protected area.
The Fund may be augmented by grants, donations, endowments
from various sources, domestic or foreign for purposes related to
their functions: Provided, That the Fund shall be deposited as a
special account in the national treasury and disbursements therefrom
shall be made solely for the protection, maintenance administration,
and management of the system, and duly approved projects
endorsed by the PAMB in accordance with existing accounting and
budgeting rules and regulations; Provided, further, That no amount
shall be disbursed for the operating expenses of the Department and
other concerned agencies.
Current sources of revenue of the local government units shall
excluded from the IPAF.
The PAMB shall have the power to disburse the IPAF. Twenty-five
per cent (25%) of the IPAF shall be for the use of the national
government for the support of the National Integrated Protected
Areas System: Provided, That twenty-five per cent (25%) thereof
shall be allocated to the local government units comprising the
MKNP.
ARTICLE VII
EXISTING FACILITIES
Section 18. Existing Facilities within the MKNP. - Within ninety (90)
days from the effectivity of this Act, all commercial facilities existing
within the boundaries of the MKNP with a total capitalization of not
less than One hundred thousand pesos (P100,000.00) shall submit
to the PAMB through the PASu a sworn statement containing the
following information:
(a) Potential for disbursement of protected species and
other habitats, reproductive cycles, nesting and feeding
grounds and migratory paths;
(b) Noise levels at all stages of operation;
(c) Emissions and effluent at all stages of operation;
(d) Energy requirements and sources of energy;
(e) Water supply requirements and sources of water;
(f) Volume of resources extracted from the MKNP;
(g) Future plans for the next five (5) years.
Based on these submissions, the PAMB, with the assistance of the
DENR, shall determine whether the existence of such facility and its
future plan and operation will be detrimental to the MKNP.
Failure to submit the required information shall constitute a violation
of this Act and subject to the penalties imposed under Section 15(B)
hereof. The PAMB may prescribe further conditions for the operation
of the facility to ensure that it does not contradict the management
objectives of the MKNP. Without prejudice to the filing of the
necessary case under Section 15(B) hereof, if any of such conditions
is violated, an administrative fine of Five thousand pesos (P5,000.00)
for every day of violation shall be imposed upon the owners of said
facility but not to exceed a total of Five hundred thousand pesos
(P500,000.00). At anytime whenever necessary, the PAMB, through
the PASu or other government entities, shall cause the cessation and
demolition of the facility at the cost of its owners.
Existing facilities that rely heavily on resources within the MKNP
which are allowed to remain within the MKNP may be charged
reasonable fees or subject to reasonable conditions by the PAMB. All
incomes derived from such fees shall accrue to the IPAF.
ARTICLE VIII
UTILIZATION OF RESOURCES
Section 19. Utilization of Resources. - Except for protected species
or whenever detrimental to the ecosystem, use of resources derived
from the MKNP by tenured migrants and ICCs/IPs for their domestic
needs or for their subsistence shall not be restricted.
Livelihood activities requiring the use of resources derived from the
MKNP shall be allowed only when sustainable consistent with the
Management Plan and only upon prior PAMB approval. Only non-
timber products can be used for livelihood purposes.
representatives or their representatives shall undertake the
preparation of the Implementing Rules and Regulations of this Act.
Section 24. Repealing Clause. - All laws, proclamations, rules and
regulations inconsistent with this Act are hereby repealed or modified
accordingly.
Section 25. Effectivity Clause. - This Act shall be translated in
English, Filipino, Cebuano, and Ilonggo and shall be published once
every week for three (3) executive weeks in a newspaper of general
circulation which is readily available in the areas in and around the
MKNP. This Act shall likewise be simultaneously posted in the
appropriate language in a conspicuous place in the provincial,
municipal and barangay halls within the area as well as in three (3)
other places frequented by the public. Fifteen (15) days after the last
publication and posting, this Act shall have full force and effect.

No exploration, exploitation or utilization of non-renewable resources

within the MKNP for commercial purposes or by non-tenured Approved,
migrants or non-ICCs/IPs shall be allowed. Commercial utilization of
resources by tenured migrants and ICCs/IPs shall be allowed only
upon prior PAMB approval and in accordance with the Management (Sgd)
Plan. (Sgd)
FELICIANO BELMONTE JR.
AQUILINO Q. PIMENTEL JR.
Speaker of the House of
Commercial exploitation of water resources within the MKNP shall President of the Senate
Representatives
require prior PAMB approval, must be in accordance with the
Management Plan and should undergo the Environmental Impact
Statement (EIS) System. This Act which is a consolidation of House Bill No. 12880 and
Senate Bill No. 2248 was finally passed by the House of
ARTICLE X Representatives and the Senate on June 6, 2001.
TRANSITORY AND MISCELLANEOUS PROVISIONS
(Sgd)
(Sgd)
Section 20. Appropriations. - The Secretary of the DENR shall ROBERTO P. NAZARENO
LUTGARDO B. BARBO
include in its program the implementation to this Act, the funding of Secretary General House of
Secretary of the Senate
which shall be charged against the Integrated Protected Areas Fund Representatives
authorized under Section 17 hereof and from the appropriations
authorized under the annual General Appropriations Act. Approved:

Section 21. Construction. - The provisions of this Act shall be (Sgd)

construed liberally in favor of tenured migrants and ICCs/IPs and with GLORIA MACAPAGAL-
due consideration to the protection of biodiversity. The NIPAS Act ARROYO
shall be suppletory in the implementation of this Act. President of the Philippines

Section 22. Separability Clause. - If any part or section of this Act is

declared unconstitutional, such declaration shall not affect the other Begun and held in Metro Manila, on Monday, the twenty-fourth day of
parts or sections hereof. July, two thousand.

Section 23. Transitory Provisions. - Pending the organization of a
new PAMB in accordance with this Act, the incumbent PAMB
members shall continue to hold office until the new PAMB has been
convened within three (3) months from the effectivity of this Act. The
current staff comprising the PASu Office shall be retained in the
Office of the PASu created herein.
Within three (3) months from the effectivity of this Act, the DENR in
coordination with the PAMB, the Committee on Natural Resources of
the House of Representatives, the Senate Committee on
Environment and Natural Resources, and the concerned district
REPUBLIC ACT NO. 9106       April 14, 2001
AN ACT FOR THE ESTABLISHMENT AND MANAGEMENT OF
SAGAY MARINE RESERVE, DEFINING ITS SCOPE COVERAGE,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Title. - This Act shall be known and cited as the "Sagay
Marine Reserve Law."
Section 2. Establishment. - There is hereby established as part of the
National Integrated Protected Areas System (NIPAS) under Republic
Act No. 7586 protected landscapes and seascapes in the City of
Sagay, Province of Negros Occidental to be known as the Sagay
Marine Reserve, hereinafter referred to as Reserve.
Section 3. Scope. - The Reserve shall be located at 11°0'59"N and
123°29'E comprising the islands of Molocaboc, Molocaboc Diut,
Matabas and Suyac, and their surrounding reefs as well as the reefs
of Carbin, Macahulom and Panal, and the coastal waters of
barangays Himoga-an Baybay, Old Sagay, Taba-ao, Bulanon,
Molocaboc and Vito, all in the City of Sagay, Province of Negros
Occidental. More particularly, the Reserve shall have the following
technical description:
Section 4. Definition of Terms.- For purposes of this Act, the following
terms are defined as follows:
(a)"Buffer zones" are identified areas outside the
boundaries of and immediately adjacent to the Reserve
that need special development and control in order to avoid
or minimize harm to the Reserve.
(b)"Ecotourism" is a kind of tourism wherein no damage to
the ecology is sustained by the influx of visitors to the
Reserve.
(c)"Fish production" refers to the capacity of the species
found within the Reserve to multiply to achieve a certain
density offish population.

NORTHING EASTING (d)"Management plan" is the plan described in Section 8(1)

    thereof.

10°57'28" 123°21'42" (e)"Management manual" is the manual relating to the

management of the Reserve described in Section 8(2)
thereof.
11°7'35" 123°26'37"

(f)"Maximum sustainable yield" is the greatest amount of

11°6'55" 123°28'13" fish and fish products taken or harvested from within the
Reserve without affecting sustainability.
10°56'39" 123°36'50"
(g)"Multiple-use zones" shall refer to areas where
10°54'23" 123°30'45" settlement, traditional or sustainable activities and other
income-generating or livelihood activities may be allowed
10°56'16" 123°30'37" to the extent prescribed in the management plan.

(h)"Secretary" shall refer to the Secretary of the

10°56'26" 123°30'4"
Department of Environment and Natural Resources.

10°56'7" 123°28'59" (i)"Small fisherfolk inhabitant" shall refer to any person who
has actually and continuously lived within the Reserve for a
10°55'19" 123°28'11" period of five (5) years before the passage of this Act and
is solely dependent on fishing for sustenance and
10°56'11" 123°26'52" livelihood

Section 5. The Protected Area Management Board for Sagay Marine

10°57'28" 123°24'19"
Reserve. - There is hereby created a Protected Area Management
Board for Sagay Marine Reserve (PAMB-SMR) which shall be the
10°56'37" 123°23'35" sole policy-making and permit-granting body of the Reserve and its
buffer zones.
10°57'30" 123°23'16"
In addition to the powers enumerated in Republic Act No. 7586, the
10°57'41" 123°22'14"containing PAMB-SMR shall decide by a majority vote and shall have the
following powers and functions:
an area of 32,000 hectares, more or less.
(a)Formulate the management plan and management
manual of the Reserve;
Within six (6) months from the effectivity of this Act, the Department
of Environment and Natural Resources (DENR) shall mark the
boundaries of the Reserve on the ground and at sea with visible and (b)Decide matters relating to planning, peripheral
permanent markers and shall thereafter see to it that the same are protection and general administration of the Reserve in
maintained. accordance with the management plan;
 (c)Plan the proper utilization of the annual budget
allocations and the proper disposition of fees and other
funds generated or held by the Reserve;
(d)Control and supervise the office of the Sagay Marine
Reserve Superintendent (SMRSu);
(e)Delineate and demarcate management zones such as
strict protection zones, multiple-use and buffer zones;
(f)Promulgate rules and regulations to promote
development programs and projects on biodiversity
conservation and sustainable development consistent with
the management manual;
(g)Control and regulate the construction, operation and
maintenance of buildings, roads, trails, waterworks,
sewerage, fire protection and sanitation systems, and other
public utilities within the Reserve;
(h)Fix prescribed fees to be collected from the government
agencies or any person, firm or corporation deriving
benefits from the Reserve and exact administrative fees or
fines for violation of the provisions of this Act;
(i)Grant entry permits to ecotourists, campers, research
groups or individuals and visitors;
(j)Grant permits for sustainable utilization of marine
resources in accordance with existing rules and regulations
governing the same;
(k)Enter into contracts and agreements with private entities
or public agencies as may be necessary to carry out the
purposes of this Act;
(l)Accept funds, gifts or donations for the Reserve;
(m)Call on any agency or instrumentality of the government
as well as academic institutions, nongovernment
organizations and other sectors as may be necessary to
accomplish the objectives of this Act;
(n)Conduct studies on various characteristics, features and
conditions of the Reserve;
(o)Adopt and enforce plans or schemes for the control of
activities that may threaten the ecological balance of the
Reserve in consultation with the local government units in
the area and other government agencies and
instrumentality;
(p)Retain legal counsel to defend cases against the PAMB-
SMR and the office of the Marine Reserve Superintendent
whenever they are sued in connection with the
performance of their duties under this Act.
The DENR, through the Regional Executive Director, shall ensure
that the PAMB-SMR acts within the scope of its powers and
functions. In case of conflict between administrative orders issued by
the DENR pursuant to Republic Act No. 7586 and the resolutions
issued by the PAMB-SMR, the secretary shall decide whether to
apply the rule or withdraw its application from the Reserve.
Section 6. Composition. - The PAMB-SMR shall be composed of the
following:
(a)The regional executive director of the DENR Region VI,
as ex officio chairperson;
(b)The mayor of the City of Sagay, as ex officio co-
chairperson;
(c)The chairman of the Committee on Natural Resources of
the Sangguniang Panlungsod of Sagay, as ex officio
member;
(d)The chief of police of Sagay City, as ex officio member;
(e)The punong barangays of Himoga-an Baybay, Old
Sagay, Taba-ao, Bulanon, Vito and Molocaboc, all of
Sagay City, Negros Occidental, as ex officio members;
(f)The city planning and development officer of Sagay City,
as ex officio member;
(g)Five (5) representatives from nongovernment
organizations, as members, who shall be endorsed by
heads of organizations which are based in the City of
Sagay, Negros Occidental, and have established and
recognized interest in protected areas. These
representatives shall include: two (2) representatives from
fisherfolk organizations, one (1) representative from duly
registered commercial fishing associations, one (1)
representative from the youth sector and one (1)
representative from the civic-oriented organizations;
(h)A representative of Sagay Ecumenical Council, as
member;
(i)A representative of the Department of Agriculture (DA)
appointed by the Secretary of Agriculture, as member; and
(j)The Reserve Superintendent (hereinafter provided), as
member.
The members shall choose from among themselves the vice
chairperson of the PAMB-SMR.
The non ex officio members of the PAMB-SMR shall serve for a term
of five (5) years. The two (2) co-chairpersons, the vice chairperson
and the members shall not receive compensation but shall be entitled
to reasonable per diem incurred in the performance of their duties in
accordance with existing budgeting and auditing rules and
regulations.
Section 7. Removal from Office. - A PAMB member may be removed
for cause and upon majority vote on the following grounds:
 (a)More than three (3) consecutive unexcused absences in
regular PAMB en banc meetings;
(b)Commission of any of the prohibited acts as provided in
this Act, the Republic Act No. 7586 or other rules and
regulations governing protected areas and protected
species;
(c)Graft and corruption; and
(d)Conviction of any criminal offense.
The non-ex officio members of the PAMB-SMR shall serve for a term
of five (5) years. The two (2) co-chairpersons, the vice chairperson,
and the members shall not receive compensation but shall be entitled
to reasonable per diem incurred in the performance of their duties in
accordance with existing budgeting and auditing rules and
regulations:
Section 8. Management Plan and Manual.- Within one (1) year from
the effectivity of this Act, a management manual which contains the
Marine Reserve Management Plan and supporting data shall be
prepared in accordance with the General Management Planning
Strategy as provided in Republic Act No. 7586. The management
plan shall serve as the basic long-term framework plan in the
management of the marine reserve and guide in the preparation of
the annual operations plan and budget. The management manual
shall be drafted with the assistance of experts in such fields as
socioeconomic planning, ecology and marine reserve management,
reviewed and endorsed by the PAMB-SMR, and approved by the
Secretary.
(1)The management plan shall promote the adoption and
implementation of innovative management techniques,
including:
(a)buffer zone management;
(b)habitat conservation and rehabilitation;
(c)diversity management;
(d)community organizing;
(e)socioeconomic and scientific researches;
(f)site-specific policy development;
(g)pest management; and
(h)others which the PAMB-SMR may deem
appropriate.
(2)The management manual shall include:
(a)basic background information;
(b)field inventory of the resources within the
Reserve;
(c)assessment of the assets and limitations;
(d)regional interrelationships;
(e)particular objectives for managing the
Reserve;
(f)divisions of the Reserve into management
zones;
(g)review of the boundaries of the Reserve; and
(h)design and management programs.
Section 9. Sagay Marine Reserve Office. - There is hereby created
the Sagay Marine Reserve Office headed by the Sagay Marine
Reserve Superintendent, hereinafter referred to as the Reserve
Superintendent, who shall be the chief operations officer of the
Reserve.
Section 10. Powers and Functions of the Reserve Superintendent. -
The Reserve Superintendent shall have full responsibility for the
protection of the resources within the Reserve. As such, he/she shall
have the following duties and responsibilities in addition to those
provided under existing rules and regulations:
(a)Serve as secretariat to the PAMB-SMR with the duty to
provide the PAMB-SMR with all the information necessary
to make appropriate decisions for the implementation of
this Act;
(b)Hire and supervise the necessary personnel to support
operations as the budget may allow;
(c)Establish a productive partnership with local
communities, including groups supporting the achievement
of the goals and objectives of this Act;
(d)Develop and implement marine reserve information,
education and visitor programs;
Enforce the laws, rules and regulations and PAMB-SMR
resolutions relevant to the Reserve and its buffer zones,
and assist in the prosecution of offenses;
(e)Monitor all activities within the Reserve and its buffer
zones in conformity with the management plan; and
(f)Perform such other function as the PAMB-SMR may
assign.
Section 11. Small Fisherfolk Inhabitants. - Small fisherfolk inhabitants
shall be allowed to fish within the Reserve subject to the rules and
regulations promulgated by the PAMB-SMR.
Section 12. Other Activities within the Reserve. - Proposals for
activities which are outside the scope of the management plan shall
be subject to an Environmental Impact Assessment (EIA) as required
by existing laws, rules and regulations. Results thereof shall be taken
into consideration in the decision-making process of the PAMB-SMR.
No actual implementation of such activities shall be allowed without
the required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment System and PAMB-
SMR approval. For purposes of this Act, the following are provided:
(a)Existing Infrastructure.- Existing infrastructure
established within the Reserve by government and
nongovernment institutions shall be subject to inventory
and evaluation as to whether it conforms to the
management plan and assessed in terms of their
significance to the public interest and impact to the
Reserve. In case they are found significant to public
interest, but with no adverse impact to the Reserve, a
contract or agreement may be entered into by PAMB-SMR
including negotiations of payment fees based on profit-
sharing agreement in accordance with law: Provided, That
infrastructure which do not conform to the management
plan shall not be allowed to be repaired, renovated or
improved until they are naturally destroyed and vacated.
Repairs, renovation and improvement of the existing
infrastructure allowed by the PAMB-SMR within the
Reserve shall be in conformity with the management plan
and duly approved by the PAMB-SMR.
(b)Special-Use Infrastructure. - Special-use infrastructure
such as power lines, telecommunications equipment and
military installations may be allowed in the Reserve if they
conform to the management plan: Provided, That
construction of these special use infrastructures shall be
subject to EIA and the issuance of ECC by the DENR and
approval of the PAMB-SMR: Provided, further, That power
lines and telecommunications equipment must not traverse
through strict-protection zones and preferably be
constructed within the multiple-use zones only. Military
installations shall not be constructed of permanent
materials and must be covered by a memorandum of
agreement with the PAMB-SMR providing for regulation of
facilities.
(c)Livelihood and Other Economic Activities.- Except as
otherwise provided herein, only small fisherfolk inhabitants
shall be allowed within the multiple-use or buffer zones of
the Reserve to engage in livelihood and economic
activities, in conformity with the management plan and
subject to the terms and conditions imposed by the PAMB-
SMR.
The PAMB-SMR, upon recommendation of the Reserve
Superintendent, when findings show that fish production
exceeds the maximum sustainable yield, may open certain
portions of the multiple-use zones and buffer zones to
economic activities which shall be in accordance with the
management plan and in all cases use ecologically
sustainable methods.
(d)Energy and Mineral Use. - Survey for energy and
mineral resources within the Reserve shall be allowed for
the purpose of gathering information on energy and mineral
resources: Provided,That such activity is carried out
without damage to the area and conducted in accordance
with a program approved by the PAMB-SMR. The result of
such surveys shall be made available to the public. The
PAMB-SMR shall submit such energy and mineral survey
findings to the President for recommendation to Congress.
Any exploitation and utilization of energy and mineral
resources within the Reserve shall be allowed only
following approval of the PAMB-SMR, compliance with the
EIA System and other applicable laws, rules and
regulations and through a law passed by Congress.
(e)Special Activities.- All other activities such as ecotourism
and related activities, scientific research, marine life rescue
by other agencies, government programs affecting the
Reserve, and military activities shall be properly
coordinated with and approved by the PAMB-SMR.
Section 13. Reserve Trust Fund.- A trust fund shall be created for the
Reserve for purposes of financing projects and activities provided in
the Management Plan. For this purpose, the PAMB-SMR may Solicit
and receive donations, endowments and grants in the form of
contributions: Provided, That donations generated by the PAMB-
SMR shall accrue to the Reserve for its use. A minimum of five
percent (5%) of the total amount shall be remitted to the Integrated
Protected Areas Fund of the DENR.
Disbursement from the Reserve trust fund shall be made solely for
the protection, maintenance, administration and management of the
Reserve, and duly approved projects by the PAMB-SMR in
accordance with the guidelines developed by the PAMB-SMR for the
purpose.
All incomes generated within the Reserve shall accrue to the trust
fund and may be utilized directly by the PAMB-SMR for the above
purpose. These incomes shall be derived from taxes from the
permitted sale and export of flora and fauna and other resources of
the Reserve; proceeds from the lease of multiple-use or buffer zone
areas; contribution from industries and facilities directly benefitting
from the Reserve; and such other fees and incomes derived from the
operation of the Reserve.
Section 14. Prohibited Acts.- The following acts are prohibited within
the Reserve:
(a)Hunting, destroying, disturbing or mere possession of
any marine resources or products derived therefrom
without a permit from the PAMB-SMR;
(b)Dumping or otherwise disposing of any waste products
detrimental to the Reserve or to plants, animals or
inhabitants therein;
(c)Use of any motorized equipment without a permit;
(d)Mutilating, defacing or destroying objects of natural
beauty or ecological importance found within the Reserve;
 (e)Mineral or energy exploration or any entry into the (Sgd.) AQUILINO Q. (Sgd.) FELICIANO
Reserve which has a tendency to damage its ecological PIMENTEL JR. BELMONTE JR.
balance; President of the Senate Speaker of the House of
Representatives
(f)Constructing or maintaining any kind of structure, fence
or enclosures and conducting any business enterprise This Act which is a consolidation of House Bill No. 8914 and Senate
without a permit; Bill No. 2252 was finally passed by the House of Representatives
and Senate on February 8, 2001.
(g)Altering, removing, destroying or defacing boundary
marks or buoys; and

(h)Performing any other act analogous to the foregoing:

(Sgd.) LUTGARDO B. (Sgd.) ROBERTO
BARBO NAZARENO
Provided,That the establishment of submarine electric power Secretary of Senate Secretary General
transmission cables, submarine water pipelines, submarine House of Representatives
telecommunication wires, and ports and wharves shall not be
prohibited notwithstanding the provisions of this Act.

Approved: APR 14 2001

Section 15. Penalties.- Any person found guilty of any of the offenses
enumerated above shall be punished with fine in an amount not less
than Five thousand pesos (P5,000) but not more than Five hundred (Sgd.) GLORIA MACAPAGAL-ARROYO
thousand pesos (P500,000), exclusive of the value of the things President of the Philippines
damaged, or imprisonment of not less than one (1) year and not
more than six (6) years, or both, as determined by the court. July 30, 2001
Prohibited acts mentioned in paragraph (a) of Section 14 of this Act
shall be punished with penalties imposed under Articles 309 and 310 REPUBLIC ACT NO. 9147
of the Revised Penal Code. If the Reserve requires rehabilitation and
restoration as determined by the court, the offender shall be required
to restore or compensate for the restoration of the damage. The court
shall order the forfeiture of all mineral, flora or fauna collected or AN ACT PROVIDING FOR THE CONSERVATION AND
removed, including all equipment, devices and firearms used in PROTECTION OF WILDLIFE RESOURCES AND THEIR
connection therewith, and any construction or improvements made HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR
thereon by the offender. If the offender is an association or OTHER PURPOSES
corporation, the president or manager shall be responsible for the act
of his/her employees and laborers.
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:
Section 16. Appropriations.- The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations
Act of the year following its enactment into law and thereafter. CHAPTER I

Section 17. Transitory Provision.- Pending the organization of a new
PAMB in accordance with this Act, the incumbent PAMB members
shall continue to hold office until a new PAMB has been convened.
Section 18. Separability Clause.- If any part of this Act shall be
declared unconstitutional, such declaration shall not affect the other
parts or sections hereof.
Section 19. Repealing Clause.- All laws, presidential decrees,
executive orders, and rules and regulations inconsistent with the
provisions of this Act shall be deemed repealed or modified
accordingly.
Section 20. Effectivity.- This Act shall take effect fifteen (15) days
after its complete publication in two (2) newspapers of general
circulation.
Approved,
GENERAL PROVISIONS
Section 1. Title. This act shall be known as the “Wildlife Resources
Conservation and Protection Act.”
Section 2. Declaration of Policy. It shall be the policy of the State to
conserve the country's wildlife resources and their habitats for
sustainability. In the pursuit of this policy, this Act shall have the
following objectives:
a. to conserve and protect wildlife species and their habitats
to promote ecological balance and enhance biological diversity;
b. to regulate the collection and trade of wildlife;
c. to pursue, with due regard to the national interest, the
Philippine commitment to international conventions,
protection of wildlife and their habitats; and
d. to initiate or support scientific studies on the conservation
of biological diversity.
Section 3. Scope of Application. The provisions of this Act shall be
enforceable for all wildlife species found in all areas of the country,
including protected areas under Republic Act No. 7586, otherwise
known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species
which are subject to trade, are cultured, maintained and/or bred in
captivity or propagated in the country.
Section 4. Jurisdiction of the Department of Environment and Natural
Resources and the Department of Agriculture. The Department of
Environment and Natural Resources (DENR) shall have jurisdiction
over all terrestrial plant and animal species, all turtles and tortoises
and wetland species, including but not limited to crocodiles,
waterbirds and all amphibians and dugong. The Department of
Agriculture (DA) shall have jurisdiction over all declared aquatic
critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except
dugong. The secretaries of the DENR and the DA shall review, and
by joint administrative order, revise and regularly update the list of
species under their respective jurisdiction. In the Province of
Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development pursuant to Republic Act No.
7611.
CHAPTER II
DEFINITION OF TERMS
Section 5. Definition of Terms. As used in the Act, the term:
a. “Bioprospecting” means the research, collection and
utilization of biological and genetic resources for purposes of
applying the knowledge derived there from solely for commercial
purposes;
b. “By-product or derivatives” means any part taken or
substance extracted from wildlife, in raw or in processed
form. This includes stuffed animals and herbarium
specimens;
c. “Captive-breeding/culture or propagation” means the
process of producing individuals under controlled
conditions or with human interventions;
d. “Collection or collecting” means the act of gathering or
harvesting wildlife, its by-products or derivatives;
e. “Conservation” means preservation and sustainable
utilization of wildlife, and/or maintenance, restoration and
enhancement of the habitat;
f. “Critically endangered species” refers to a species or
subspecies that is facing extremely high risk of extinction in
the wild in the immediate future;
g. “ Economically important species”quot; means species or
subspecies which have actual or potential value in trade or
utilization for commercial purpose;
h. “Endangered species” refers to species or subspecies that
is not critically endangered but whose survival in the wild is
unlikely if the causal factors continue operating;
i. “Endemic species” Means species or subspecies which is
naturally occurring and found only within specific areas in
the country;
j. “Exotic species” means species or subspecies which do
not naturally occur in the country;
k. “Export permit” refers to a permit authorizing an individual
to bring out wildlife from the Philippines to any other
country;
l. “Gratuitous permit” means permit issued to any individual
or entity engaged in noncommercial scientific, or
educational undertaking to collect wildlife;
m. “Habitat” means place or environment where species or
subspecies naturally occur or has naturally established its
population;
n. “Import permit” refers to a permit authorizing an individual
to bring in wildlife from another country;
o. “Indigenous wildlife” means species or subspecies of
wildlife naturally occurring or has naturally established
population in the country;
p. “Introduction” means bringing species into the wild that is
outside its natural habitat;
q. “ Reexport permit” refers to a permit authorizing an
individual to bring out of the country a previous imported
wildlife;
r. “Secretary” means either or both the Secretary of the
Department of Environment and Natural Resources and
the Secretary of the Department of Agriculture;
s. “Threatened species” a general term to denote species or
subspecies considered as critically endangered,
endangered, vulnerable or other accepted categories of
wildlife whose population is at risk of extinction;
t. “Trade” means the act of engaging in the exchange,
exportation or importation, purchase or sale of wildlife, their
derivatives or by-products, locally or internationally;
u. “Traditional use” means utilization of wildlife by indigenous
people in accordance with written or unwritten rules, usage,
customs and practices traditionally observed, accepted and
recognized by them;
v. “Transport permit” means a permit issued authorizing an
individual to bring wildlife from one place to another within
the territorial jurisdiction of the Philippines;
w. “Vulnerable species” refers to species or subspecies that is
not critically endangered nor endangered but is under
threat from adverse factors throughout their range and is
likely to move to the endangered category in the near
future;
x. “Wildlife” means wild forms and varieties of flora and fauna,
in all developmental stages, including those which are in
captivity or are being bred or propagated;
y. “Wildlife collector's permit” means a permit to take or
collect from the wild certain species and quantities of
wildlife for commercial purposes; and
z. “Wildlife farm/culture permit” means a permit to develop,
operate and maintain a wildlife breeding farm for
conservation, trade and/or scientific purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
Section 6. Wildlife Information. All activities, as subsequently
manifested under this Chapter, shall be authorized by the Secretary
upon proper evaluation of best available information or scientific data
showing that the activity is, or for a purpose, not detrimental to the
survival of the species or subspecies involved and/or their habitat.
For this purpose, the Secretary shall regularly update wildlife
information through research.
Section 7. Collection of Wildlife. Collection of wildlife may be allowed
in accordance with Section 6 of this Act: Provided, That in the
collection of wildlife, appropriate and acceptable wildlife collection
techniques with least or no detrimental effects to the existing wildlife
populations and their habitats shall, likewise, be required: Provided,
further, That collection of wildlife by indigenous people may be
allowed for traditional use and not primarily for trade: Provided,
furthermore, That collection and utilization for said purpose shall not
cover threatened species: Provided, finally, That Section 23 of this
Act shall govern the collection of threatened species.
Section 8. Possession of Wildlife. No person or entity shall be
allowed possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said wildlife:
Provided,
That the source was not obtained in violation of this Act.
Section 9. Collection and/or Possession of By-Products and
Derivatives. By-products and derivatives may be collected and/or
possessed: Provided, That the source was not obtained in violation
of this Act.
Section 10. Local Transport of Wildlife, By-Products and Derivatives.
Local transport of wildlife, by-products and derivatives collected or
possessed through any other means shall be authorized unless the
same is prejudicial to the wildlife and public health.
Section 11. Exportation and/or Importation of Wildlife. Wildlife
species may be exported to or imported from another country as may
be authorized by the Secretary or the designated representative,
subject to strict compliance with the provisions of this Act and rules
and regulations promulgated pursuant thereto: Provided, That the
recipient of the wildlife is technically and financially capable to
maintain it.
Section 12. Introduction, Reintroduction or Restocking of Endemic or
Indigenous Wildlife. The introduction, reintroduction or restocking of
endemic and indigenous wildlife shall be allowed only for population
enhancement of recovery purposes subject to prior clearance from
the Secretary of the authorized representative pursuant to Section 6
of this Act. Any proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The proponent shall also
conduct public consultations with concerned individuals or entities.
Section 13. Introduction of Exotic Wildlife. - No exotic species shall
be introduced into the country, unless a clearance from the Secretary
or the authorized representative is first obtained. In no case shall
exotic species be introduced into protected areas covered by
Republic Act No. 7586 and to critical habitats under Section 25
hereof.
In cases where introduction is allowed, it shall be subject to
environmental impact study which shall focus on the bioecology,
socioeconomic and related aspects of the area where the species will
be introduced. The proponent shall also be required to secure the
prior informed consent from the local stakeholders.
Section 14. Bioprospecting. - Bioprospecting shall be allowed upon
execution of an undertaking by any proponent, stipulating therein its
compliance with and commitment(s) to reasonable terms and
conditions that may be imposed by the Secretary which are
necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with
the concerned agencies, before granting the necessary permit, shall
require that prior informed consent be obtained by the applicant from
the concerned indigenous cultural communities, local communities,
management board under Republic Act No. 7586 or private individual
or entity. The applicant shall disclose fully the intent and scope of the
bioprospecting activity in a language and process understandable to
the community. The prior informed consent from the indigenous
peoples shall be obtained in accordance with existing laws. The
action on the bioprospecting proposal by concerned bodies shall be
made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall
act on the research proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution
should be actively involved in the research, collection and, whenever
applicable and appropriate in the technological development of the
products derived from the biological and genetic resources.
Section 15. Scientific Researches on Wildlife. Collection and
utilization of biological resources for scientific research and not for
commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by
the Secretary or the authorized representative: Provided, That prior
clearance from concerned bodies shall be secured before the
issuance of the gratuitous permit: Provided, further, That the last
paragraph of Section 14 shall likewise apply.
Section 16. Biosafety All activities dealing on genetic engineering
and pathogenic organisms in the Philippines, as well as activities
requiring the importation, introduction, field release and breeding of
organisms that are potentially harmful to man and the environment
shall be reviewed in accordance with the biosafety guidelines
ensuring public welfare and the protection and conservation of
wildlife and their habitats.
Section 17. Commercial Breeding or Propagation of Wildlife
Resources. Breeding or propagation of wildlife for commercial
purposes shall be allowed by the Secretary or the authorized
representative pursuant to Section 6 through the issuance of wildlife
farm culture permit: Provided, That only progenies of wildlife raised,
as well as unproductive parent stock shall be utilized for trade:
Provided, further: That commercial breeding operations for wildlife,
whenever appropriate, shall be subject to an environmental impact
study.
Section 18. Economically Important Species. The Secretary, within
one (1) year after the effectivity of this Act, shall establish a list of
economically-important species. A population assessment of such
species shall be conducted within a reasonable period and shall be
regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the
results of the assessment show that, despite certain extent of
collection, the population of such species can still remain viable and
capable of recovering its numbers. For this purpose, the Secretary
shall establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened,
any form of collection shall be prohibited except for scientific,
educational or breeding/propagation purposes, pursuant to the
provisions of this Act.
Section 19. Designation of Management and Scientific Authorities for
International Trade in Endangered Species of Wild Fauna and Flora.
For the implementation of International agreement on international
trade in endangered species of wild fauna and fora, the management
authorities for terrestrial and aquatic resources shall be the Protected
Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of
Fisheries and Aquatic Resources (BFAR) of the DA, respectively and
that in the Province of Palawan the implementation hereof is vested
to the Palawan Council for Sustainable Development pursuant to
Republic Act No. 7611.
To provide advice to the management authorities, there shall be
designated scientific authorities for terrestrial and aquatic/marine
species. For the terrestrial species, the scientific authorities shall be
the Ecosystems Research and Development Bureau (ERDB) of the
DENR, the U.P. Institute of Biological Sciences and the National
Museum and other agencies as may be designated by the Secretary.
For the marine and aquatic species, the scientific authorities shall be
the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Siliman
University and the National Museum and other agencies as may be
designated by the Secretary: Provided, That in the case of terrestrial
species, the ERDB shall chair the scientific authorities, and in the
case of marine and aquatic species, the U.P. Marine Science
Institute shall chair the scientific authorities.
Section 20. Authority of the Secretary to Issue Permits. - The
Secretary or the duly authorized representative, in order to effectively
implement this Act, shall issue permits/certifications/clearances with
corresponding period of validity, whenever appropriate, which shall
include but not limited to the following:
1. Wildlife farm or culture permit 3 to 5 years;
2. Wildlife collector's permit 1 to 3 years;
3. Gratuitous permit 1 year;
4. Local transport permit 1 to 3 months; and
5. Export/Import/Reexport permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by
the appropriate agency and upon consultation with concerned
groups.
Section 21. Fees and Charges. - Reasonable fees and charges as
may be determined upon consultation with the concerned groups,
and in the amount fixed by the Secretary shall be imposed for the
issuances of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater
than three percentum (3%) of the export value, excluding transport
costs, shall be charged: Provided, however, That in the determination
of aforesaid fee, the production costs shall be given due
consideration. Cutflowers, leaves and the like, produced from farms
shall be exempted from the said export fee: Provided, further, That
fees and charges shall be reviewed by the Secretary every two (2)
years or as the need arises and revise the same accordingly, subject
to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
Section 22. Determination of Threatened Species. - The Secretary
shall determine whether any wildlife species or subspecies is
threatened, and classify the same as critically endangered,
endangered, vulnerable or other accepted categories based on the
best scientific data and with due regard to internationally accepted
criteria, including but not limited to the following:
a. present or threatened destruction, modification or
curtailment of its habitat or range;
b. over-utilization for commercial, recreational, scientific or
educational purposes;
c. inadequacy of existing regulatory mechanisms; and
d. other natural or man-made factors affecting the existence
of wildlife.
The Secretary shall review, revise and publish the list of categorized
threatened wildlife within one (1) year after effectivity of this Act.
Thereafter, the list shall be updated regularly or as the need arises:
Provided, That a species listed as threatened shall not be removed
there from within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of
any person seeking for the addition or deletion of a species from the
list, the Secretary shall evaluate in accordance with the relevant
factors stated in the first paragraph of this section, the status of the
species concerned and act on said petition within a reasonable
period.
The Secretary shall also prepare and publish a list of wildlife which
resembles so closely in appearance with listed threatened wildlife,
which species shall likewise be categorized as threatened.
Section 23. Collection of Threatened Wildlife, By-products and
Derivatives The collection of threatened wildlife, as determined and
listed pursuant to this Act, including its by-products and derivatives,
shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act: Provided, That
only the accredited individuals, business, research, educational or
scientific entities shall be allowed to collect for conservation breeding
or propagation purposes.
Section 24. Conservation Breeding or Propagation of Threatened
Species Conservation breeding or propagation of threatened species
shall be encouraged in order to enhance its population in its natural
habitat. It shall be done simultaneously with the rehabilitation and/or
protection of the habitat where the captive-bred or propagated
species shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be
allowed provided that the following minimum requirements are met
by the applicant, to wit:
a. Proven effective breeding and captive management
techniques of the species; and
b. Commitment to undertake commercial breeding in
accordance with Section 17 of this Act, simultaneous with
conservation breeding.
The Secretary shall prepare a list of threatened species for
commercial breeding and shall regularly revise or update such list or
as the need arises.
Section 25. Establishment of Critical Habitats. - Within two (2) years
following the effectivity of this Act, The Secretary shall designate
critical habitats outside protected areas under Republic Act No. 7586,
where threatened species are found. Such designation shall be made
on the basis of the best scientific data taking into consideration
species endemicity and/or richness, presence of man-made
pressures/threats to the survival of wildlife living in the area, among
others.
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
.
(b) inflicting injury which cripples and/or impairs the reproductive
system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)

All designated, critical habitats shall be protected, in coordination i. dumping of waste products detrimental to wildlife;
with the local government units and other concerned groups, from ii. squatting or otherwise occupying any portion of the critical
any form of exploitation or destruction which may be detrimental to habitat;
the survival of the threatened species dependent therein. For such iii. mineral exploration and/or extraction;
purpose, the Secretary may acquire, by purchase, donation or iv. burning;
expropriation, lands, or interests therein, including the acquisition of v. logging; and
usufruct, establishment of easements or other undertakings vi. quarrying
appropriate in protecting the critical habitat.
(d) introduction, reintroduction or restocking of wildlife resources;
ARTICLE THREE
(e) trading of wildlife;
Registration of Threatened and Exotic Species
(f) collecting, hunting or possessing wildlife, their by-products and
Section 26. Registration of Threatened and Exotic Wildlife in the derivatives;
Possession of Private Persons. - No person or entity shall be allowed
possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said wildlife. (g) gathering or destroying of active nests, nest trees, host plants and
Twelve (12) months after the effectivity of this Act, the Secretary shall the like;
set a period, within which persons/entities shall register all
threatened species collected and exotic species imported prior to the (h) maltreating and/or inflicting other injuries not covered by the
effectivity of this Act. However, when the threatened species is preceding paragraph; and
needed for breeding/propagation or research purposes, the State
may acquire the wildlife through a mutually acceptable arrangement. (i) transporting of wildlife.

After the period set has elapsed, threatened wildlife possessed CHAPTER V
without certificate of registration shall be confiscated in favor of the
government, subject to the penalties herein provided. FINES AND PENALTIES

All Philippine wildlife which are not listed as threatened prior to the Section 28. Penalties for Violations of this Act. For any person who
effectivity of this Act but which may later become so, shall likewise be undertakes illegal acts under paragraph (a) of the immediately
registered during the period set after the publication of the updated preceding section to any species as may be categorized pursuant to
list of threatened species. this Act, the following penalties and/or fines shall be imposed;

CHAPTER IV ILLEGAL ACTS

a. imprisonment of a minimum of six (6) years and one (1)
day to twelve (12) years and/or a fine of One hundred thousand
pesos (P100,000.00) to One million pesos (P1,000,000.00), if
inflicted or undertaken against species listed as critical;
b. imprisonment of four (4) and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos (P50,000.00) to Five
hundred thousand pesos (P500,000.00) if inflicted or
undertaken against endangered species;
c. imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Thirty thousand pesos (P30,000.00)
to Three hundred thousand pesos (P300,000.00), if
inflicted or undertaken against vulnerable species;
d. imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Twenty thousand pesos (P20,000.00)
to Two hundred thousand pesos (P200,000.00) if inflicted
or undertaken against other threatened species; and
e. imprisonment of six (6) months and one (1) day to one (1)
year and/or a fine of Ten thousand pesos (P10,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or
undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding
section, the following penalties and/or fines shall be imposed;
a. imprisonment of minimum of four (4) years and one (1) day
to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to
Five hundred thousand pesos (P500,000.00), if inflicted or
undertaken against species listed as critical;
b. imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Thirty thousand pesos (P30,000.00)
to Two hundred thousand pesos (P200,000.00), if inflicted
or undertaken against endangered species;
c. imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Twenty thousand pesos (P20,000.00)
to Two hundred thousand pesos (P200,000.00), if inflicted
or undertaken against vulnerable species;
d. imprisonment of six (6) months and one (1) day to one (1)
year and/or fine of Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against other threatened species; and
e. imprisonment of one (1) month to six (6) months and/or a
fine of Five thousand pesos (P5,000.00) to Twenty
thousand pesos (P20,000.00), if inflicted or undertaken
against other wildlife species.
For illegal acts under paragraphs (c) and (d) of the immediately
preceding section, an imprisonment of one (1) month to eight (8)
years and/or a fine of Five thousand pesos (P5,000.00) to Five
million pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or
fines shall be imposed:
a. imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Five thousand pesos (P5,000.00) to Three
hundred thousand pesos (P300,000.00), if inflicted or undertaken
against species listed as critical;
b. imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Two thousand pesos (P2,000.00) to
Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against endangered species;
c. imprisonment of six (6) months and one (1) day to one (1)
year and/or a fine of One thousand pesos (P1,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or
undertaken against vulnerable species;
d. imprisonment of one (1) month and one (1) day to six (6)
months and/or a fine of Five hundred pesos (P500.00) to
Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as threatened species;
and
e. imprisonment of ten (10) days to one (1) month and/or a
fine of Two hundred pesos (P200.00) to Twenty thousand
pesos (P20,000.00), if inflicted or undertaken against other
wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately
preceding section, the following penalties and/or fines shall be
imposed:
a. imprisonment of two (2) years and one (1) day to four (4)
years and a fine of Thirty thousand pesos (P30,000.00) to Three
hundred thousand pesos (P300,000.00), if inflicted or undertaken
against species listed as critical;
b. imprisonment of one (1) year and one (1) day to two (2)
years and a fine of Twenty thousand pesos (P20,000.00) to
Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against endangered species;
c. imprisonment of six (6) months and one (1) day to one (1)
year and a fine of Ten thousand pesos (P10,000.00) to
One hundred thousand pesos (P100,000.00), if inflicted or
undertaken against vulnerable species;
d. imprisonment of one (1) month and one (1) day to six (6)
months and a fine of Five thousand pesos (P5,000.00) to
Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species as other threatened species;
and
e. imprisonment of ten (10) days to one (1) month and a fine
of One thousand pesos (P1,000.00) to Five thousand
pesos (P5,000.00), if inflicted or undertaken against other
wildlife species: Provided, That in case of paragraph (f),
where the acts were perpetuated through the means of
inappropriate techniques and devices, the maximum
penalty herein provided shall be imposed.
For illegal acts under paragraph (h) and (i) of the immediately
preceding section, the following penalties and/or fines shall be
imposed:
a. imprisonment of six (6) months and one (1) day to one (1)
year and a fine of Fifty thousand pesos (P50,000.00) to One hundred
thousand pesos (P100,000.00) if inflicted or undertaken against
species listed as critical species;
b. imprisonment of three (3) months and one (1) day to six (6)
months and a fine of Twenty thousand pesos (P20,000.00)
to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against endangered species;
c. imprisonment of one (1) month and one (1) day to three (3)
months and a fine of Five thousand pesos (P5,000.00) to
Twenty thousand pesos (P20,000.00), if inflicted or
undertaken against vulnerable species;
d. imprisonment of ten (10) days to one (1) month and a fine
of One thousand pesos (P1,000.00) to Five thousand
 pesos (P5,000.00), if inflicted or undertaken against
species listed as other threatened species
; this regard, the Secretary shall encourage the participation of experts
e. (e) imprisonment of five (5) days to ten (10) days
and a fine of Two hundred pesos (P200.00) to One
thousand pesos (P1,000.00), if inflicted or undertaken
against other wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools
and conveyances used in connection with violations of this Act, shall
be ipso facto forfeited in favor of the government; Provided, That
where the ownership of the aforesaid conveyances belong to third
persons who has no participation in or knowledge of the illegal acts,
the same may be released to said owner. The apprehending agency
shall immediately cause the transfer of all wildlife that have been
seized or recovered to the nearest Wildlife Rescue Center of the
Department in the area.
If the offender is an alien, he shall be deported after service and
payment of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent
(10%) every three (3) years to compensate for inflation and to
maintain the deterrent function of such fines
. Department of Environment and Natural Resources or to the
CHAPTER VI
MISCELLANEOUS PROVISIONS
Section 29. Wildlife Management Fund. There is hereby established
a Wildlife Management Fund to be administered by the Department
as a special account in the National Treasury which shall finance
rehabilitation or restoration of habitats affected by acts committed in
violation of this Act and support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of
relevant agencies.
The Fund shall derive from fines imposed and damages awarded,
fees, charges, donations, endowments, administrative fees or grants
in the form of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other tax charges or fees
imposed by the government.
Section 30. Deputation of Wildlife Enforcement Officers. The
Secretary shall deputize wildlife enforcement officers from non-
government organizations, citizens groups, community organizations
and other volunteers who have undergone necessary training for this
purpose. The Philippine National Police (PNP), the Armed Forces of
the Philippines (AFP), the National Bureau of Investigation (NBI) and
other law enforcement agencies shall designate wildlife enforcement
officers. As such, the wild enforcement officers shall have the full
authority to seize illegally traded wildlife and to arrest violators of this
Act subject to existing laws, rules and regulations on arrest and
detention.
Section 31. Establishment of National Wildlife Research Centers.
The Secretary shall establish national wildlife research centers for
terrestrial and aquatic species to lead in the conduct of scientific
researches on the proper strategies for the conservation and
protection of wildlife, including captive breeding or propagation. In
from academic/research institutions and wildlife industry.
Section 32. Wildlife Rescue Center. The Secretary shall establish or
designate wildlife rescue centers to take temporary custody and care
of all confiscated, abandoned and/or donated wildlife to ensure their
welfare and well-being. The Secretary shall formulate guidelines for
the disposition of wildlife from the rescue centers.
Section 33. Creation of Wildlife Traffic Monitoring Units. - The
Secretary shall create wildlife traffic monitoring units in strategic air
and seaports all over the country to ensure the strict compliance and
effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements.
Customs officers and/or other authorized government
representatives assigned at air or seaports who may have
intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance
from the wildlife traffic monitoring unit assigned in the area.
Section 34. Exemption from taxes - Any donation, contribution,
bequest, subsidy or financial aid which may be made to the
Department of Agriculture and to NGOs engaged in wildlife
conservation duly registered with the Securities and Exchange
Commission as certified by the local government unit, the
Department of Environment and Natural Resources or the
Department of Agriculture, for the conservation and protection of
wildlife resources and their habitats shall constitute as an allowable
deduction from the taxable income of the donor and shall be exempt
from donor's tax.
Section 35. Flagship Species. Local government units shall initiate
conservation measures for endemic species in their areas. For this
purpose, they may adopt flagship species such as the Cebu black
shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona
philippinensis), which shall serve as emblems of conservation for the
local government concerned.
Section 36. Botanical Gardens, Zoological Parks and Other Similar
Establishments. The Secretary shall regulate the establishment,
operation and maintenance of botanical gardens, zoological parks
and other similar establishments for recreation, education and
conservation.
Section 37. Implementing Rules and Regulations. Within twelve (12)
months following the effectivity of this Act, secretaries of the
Department of Environment and Natural Resources and the
Department of Agriculture, in coordination with the Committees on
Environment and Ecology of the Senate and the House of
Representatives, respectively, shall promulgate respective rules and
regulations for the effective implementation of this Act. Whenever
appropriate, coordination in the preparation and implementation of
rules and regulations on joint and inseparable issues shall be done
by both Departments. The commitments of the State to international
agreements and protocols shall likewise be a consideration in the
implementation of this Act.
(Sgd)
Section 38. Appropriations. The amount necessary to implement the
provisions of this Act shall be charged against the appropriations of
the Department of Environment and Natural Resources in the current
General Appropriations Act. Therefore, such sums as may be GLORIA MACAPAGAL-ARROYO
necessary to fully implement the provisions of this Act shall be  President of the Philippines
included in the annual General Appropriations Act.

Section 39. Separability Clause. - Should any provision of this Act be

subsequently declared as unconstitutional, the same shall not affect
the validity or the legality of the other provisions.
Indigenous Peoples Rights Act (RA 8371)
Section 40. Repealing Clause. - Act Nos. 2590 and 3983, Date signed
: 1997
Commonwealth Act No. 63, as amended, Presidential Decree No. into law
1219, as amended, Republic Act No. 6147, and other laws, orders Summary The Act ensures free and prior informed consent of
and regulations inconsistent herewith are hereby repealed or the indigenous communities in accordance with
amended accordingly. customary law before any utilization of natural
resources within an ancestral domain is allowed. In
relation to intellectual property rights as it relates to
- This Act shall take effect fifteen
Section 41. Effectivity.
species of plants and animals, the Act provides that
(15) days after publication in the Official Gazette or :
in relation to the right to indigenous knowledge
two (2) newspapers of general circulation. systems and practices and to develop their own
sciences and technologies, the indigenous peoples
are entitled to the recognition of the full ownership
and control and protection of their cultural and
Approved, intellectual rights.
Institutional National Commission on Indigenous Cultural
:
Arrangements Communities /Indigenous Peoples (NCCP)
(Sgd) Issues (to be Increase public participation and awareness
    :
addressed) through information and education
Sanctions Imprisonment of not less than 9 months but not
more than 12 years or a fine not less than one
AQUILINO Q. hundred thousand pesos nor more than five
          FELICIANO BELMONTE JR. :
PIMENTEL JR. hundred thousand pesos or both upon discretion of
Speaker of the House of the Court. (fines shall be increased by at least 10%
  President of the
Representatives every 3 years)
Senate

This Act which is a consolidation of House Bill No.  

10622 and Senate Bill No. 2128 was finally passed
by the House of Representatives and the Senate on In October 1997, then President Fidel V. Ramos
February 8, 2001 and March 20, 2001, respectively. signed into law RA 8371, the IPRA. This legislation
lays down the legal framework for addressing
indigenous peoples’ poverty. It seeks to alleviate the
plight of the country’s “poorest of the poor” by correcting,
by legislative fiat, the historical errors that led to
(Sgd)
(Sgd) systematic dispossession of and discrimination against
indigenous peoples. The Implementing Rules and
Regulations (IRR) of IPRA were approved on 9 June 1998.
   LUTGARDO B.
                ROBERTO P. NAZARENO The IPRA law enforces the 1987 Constitution’s
BARBO
Secretary General House of mandate that the State should craft a policy “to recognize
Secretary of the
Representatives and promote the rights of indigenous peoples/ICCs
Senate
within the framework of national unity and
development,”31 and “to protect the rights of indigenous
cultural communities to their ancestral lands to ensure
Approved: July 30, 2001
The Indigenous Peoples’ Rights Act or IPRA (RA 8371)
  

  The IPRA also known as the Ancestral Domains Law

recognizes, protects and promotes the rights of indigenous cultural
communities and indigenous peoples. It is the first law on ancestral
domains in the world. Among the rights recognized under the IPRA,
in addition to communally owning the lands they occupy, are the
following: to remain in their ancestral domains; to be compensated
justly and resettled in case of displacement; to enjoy safe and clean
air and water; to uphold tribal laws and traditions, including
implementation of their own judicial system; to transfer land/property
to other members of their community in accordance with their tribal
laws; to enjoy the fruits of their communal lands; to exercise self-
governance; to be protected in their community and intellectual
property; to practice their own religion and ceremonies; to acquire,
practice, and preserve indigenous knowledge systems; to enjoy
equal rights for indigenous women and children as similarly enjoyed
by other Filipinos; and, to have access to basic services and
opportunities to improve their lives.

These rights, however, have corresponding responsibilities

for the indigenous peoples, including the maintenance of the
ecological balance and restoration of denuded areas within the
ancestral domain. The IPRA also created the National Commission
on Indigenous Cultural Communities/Indigenous Peoples, mandated
to protect and promote the interests and wellbeing of the ICCs/IPs,
and it is composed of seven commissioners belonging to ICCs/IPs
appointed by the President of the Philippines.

IPRA was principally authored by Sen. Juan Flavier, Rep.

Gregorio Andolana and Rep. Jeremias Zapata, and enacted into law
on October 29, 1997.