Section 15August 11, 2001, Sec./Art. 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.