Section 22Sec./Art. 22

Penalties. -

(a)For any violation of the provisions of Section 21 hereof, a fine of not less than Five thousand pesos (P5,000) but not more than Five hundred thousand pesos (P500,000) and/or imprisonment of not less than one (1) year but not more than six (6) years shall be imposed.

(b)Any provision to the contrary notwithstanding, commission of any unlawful act as provided under Section 22(a) herein shall carry the penalty of imprisonment of six (6) years and one (1) day to twelve (12) years, and a minimum fine of One million pesos (P1,000,000) in case the species involved is listed under CITES Appendix I, Seven hundred fifty thousand pesos (P750,000) for species listed under CITES Appendix II, and Five hundred thousand pesos (P500,000) for all threatened species, in addition to the accessory penalties provided in the immediately succeeding paragraph.

(c)Commission of any of the foregoing acts shall likewise carry the accessory penalties of eviction from the NSMNP or its buffer zones, payment of damages for rehabilitation and restoration, and the forfeiture of all equipment, devices, weapons or any other instrument or tool used in the commission of the offense. Any resource found in the possession of the offender shall also be forfeited. Pending the outcome of the case, any resource confiscated shall be immediately turned over to the PAMB for proper disposal and the proceeds thereof deposited in a trust fund. However, in no case shall any confiscated or rescued protected animal species be sold or in any manner disposed of but shall be immediately turned over to the PASu office for release in its natural habitat.

Valuation of the damage to the NSMNP and its buffer zones shall take into account biodiversity and conservation considerations as well as aesthetic, socioeconomic values, and rehabilitation and restoration costs. Failure to comply with this provision shall constitute an offense under this subsection.

(d)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 but not more than six (6) years shall be imposed upon any public officer or officer of the law who shall unjustifiably refuse or refrain from instituting prosecution or shall tolerate the commission of the abovementioned offenses. Conviction of this offense shall carry the accessory penalty of perpetual disqualification from public office.

(e)A fine of not less than One hundred pesos (P100) but not more than One thousand pesos (P1,000), or community service from one (1) day to one (1) week, or both, shall be imposed on anyone who enters into the strict protection zone of the NSMNP without prior PAMB permit.