Section 10Sec./Art. 10

Prohibited Acts.- The following shall be the prohibitions and penalties applicable to the PA:

A. The penalties in Articles 309 and 310 of the Revised Penal Code depending on the value of the resources taken, damaged or destroyed shall be imposed upon any person who performs any of the following acts:

1. Hunting, destroying, trapping, disturbing or possessing anywhere within Mt. Kitanglad Range Natural Park any wild plants or animals or products derived therefrom without a permit from the PAMB:Provided,That such permits shall only be given for scientific purposes necessary for protected area management;

2. Cutting, gathering, collecting or removing timber or forest products without permit:Provided,That such permits shall only be given for scientific purposes necessary for protected area management;

3. Possessing outside the PA any wild plants or animals or products derived therefrom which came from the PA;

4. Mineral exploration or extraction, drilling or prospecting for minerals within the Mt. Kitanglad Range;

5. Construction or maintaining any kind of road, structure, fence or enclosure without permit from the PAMB:Provided,That structures within ancestral domains used by indigenous cultural communities need not be under a permit from the PAMB; and

6. Altering, mutilating, excavating, removing, destroying or defacing boundaries, marks or signs, natural formations, burial grounds, religious sites, artifacts, objects belonging to indigenous cultural communities and other object of natural and scenic value or affixing marks or signs on trees.

Valuation of the damage shall take into account biodiversity and conservation considerations as well as aesthetic and scenic value. Commission of these acts likewise carries the penalty of eviction from the PA and the forfeiture of all transportation, structures and building materials, equipment, devices, weapons used for the commission of the offense as well as the PA resources caught in the possession of the accused.

The local government unit responsible for the imposition of the penalties herein and the arrest and confiscation of the materials shall have a fifty percent (50%) share in the disposition thereof while the rest shall accrue to the PAMB.

B. A fine of not less than One hundred thousand pesos (P100,000) but not more than Five hundred thousand pesos (P500,000) and/or imprisonment of not less than one (1) year and not more than five (5) years shall be imposed upon:

1. Any person found guilty of grazing, causing livestock to be grazed or raising poultry within the PA without permit from the PAMB; and

2. Any public officer or officer of the law, who, in dereliction of the duties of his/her 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.

Any person who shall induce another or conspire to commit any of the acts in this section or suffer his/her workers to commit any of such acts shall be liable in the same manner as the one actually performing the act.

All activities contained in the management plans and such other measures as are necessary for protection, preservation and protected area management as certified by the PAMB and the Secretary and undertaken by the PASu or those deputized by the PAMB shall not be covered by the above. The certified customs and traditional practices of the indigenous cultural communities are also allowable activities over which the above prohibitions shall not apply.

C. A fine of not less than One thousand pesos (P1,000) but not more than One hundred thousand pesos (P100,000) and/or imprisonment of not less than one (1) year nor more than five (5) years and the restoration and rehabilitation of the damage shall be imposed upon any person who commits any of the following acts:

1. Violating any rule or regulation in the management plan of the PAMB or agreements reached before the PAMB in its exercise of adjudicative functions;

2. Dumping, burning or disposition of any waste products, vegetation or materials within the PA to the detriment of inhabitants, plants or animals therein;

3. Use of motorized equipment without a permit except the use of motorized vehicle in areas where the national highway, provincial road or other public thoroughfare traversing the park:Provided,That such thoroughfares were legally constructed;

4. Occupation of any portion of land inside the protected area without a permit from the PAMB:Provided,That occupation shall be of such a nature as to last more than ten (10) days in a particular portion of the PA; and

5. Entry into the PA without a permit from the PAMB.