Section 14Sec./Art. 14

Prohibited Acts and Penalties. - The following are prohibitions and penalties applicable to the CCPL, in addition to the prohibited acts as provided in the NIPAS Act and its pertinent rules and regulations:

(a) The penalties in Articles 309 and 310 of the Revised Penal Code, depending on the value of the resources involved in connection with the prohibited act, shall be imposed Upon any person who:

(1) Takes, destroys, collects, disturbs or possesses any wild terrestrial or aquatic plants or animals, flora or fauna, sand, rocks or by products derived therefrom, within particularly identified regulated or prohibited zones in the CCPL including private lands without the necessary permit, authorization or exemption: Provided, That hunting of animals shall be absolutely prohibited except for scientific research;

(2) Cuts, gathers, removes or collects timber forest products, within particularly identified regulated and prohibited areas or zones in the CCPL including private areas without the necessary permit, authorization or exempt

(3) Possesses or transports, within or outside the area any timber, forest products, wild terrestrial or aquatic animals, flora or fauna, or by-product derived therefrom is ascertained to have been taken from the CCPL;

(4) Undertakes mineral exploration or extraction the CCPL;

(5) Engages in quarrying of sand, gravel, limestone or any material within the CCPL;

(6) Hunts, collects, removes or destroys any endangered or protected species, except when collection or removal of scientific research and exempted from the prohibition CCPL-PAMB;

(7) Conducts bio-prospecting within the CCPL prior to CCPL-PAMB approval in accordance with the guidelines; or

(8) Establishes or introduces exotic species with CCPL which are detrimental to endemic species or without CCPL-PAMB approval.

(b) A fine of not less than Five Thousand Pesos (P5,000.00) nor more than Five hundred Thousand Pesos (P500,000.00) and/or imprisonment from one year but not more than six years shall be imposed upon any person who:

(1) Violates any rules and regulations management plan or by the CCPL-P AMB or agreements before the CCPL-PAMB in the exercise of adjudicative power;

(2) Erects any structure on land or on water purpose outside the management plan: Provided, that large-scale private infrastructure and other projects such as medium to high density residential subdivisions, measuring large commercial and industrial establishments, golf course and other heavily mechanized commercial and nontraditional farming and other activities that cause increased in migration, pollution resource degradation are absolutely prohibited;

(3) Possesses a chainsaw, hacksaw and other mechanized equipment within the CCPL without a permit;

(4) Throws, dumps or causes to be dumped into the CCPL any non-biodegradable material or waste whether liquid, solid or gas;

(5) Uses, dumps, places or causes to be placed into the CCPL toxic chemicals, including pesticides and other hazardous substances, unless the same is expressly allowed in the protection and conservation plan;

(6) Prospects, hunts or otherwise locates hidden treasures within the CCPL;

(7) Informally occupies or dwells in any land within the CCPL without clearance from the PAMB;

(8) Possesses or uses blasting caps or explosives anywhere within the CCPL;

(9) Destroys, excavates, vandalizes or, in any manner, damages any natural formation on land, religious, spiritual, historical sites, artifacts and other objects of natural or scenic value;

(10) Alters, removes or destroys boundary marks or signs;

(11) Engages in kaingin or, in any manner, causing forest fires inside the CCPL; or

(12) Purchases or sells, mortgages or leases lands or other portions of the CCPL which are covered by any tenurial instrument.

Valuation of the damage for this Act shall take into account biodiversity and conservation considerations as well as aesthetic and scenic value. Valuation assessed by the DENR or the concerned government agency shall be presumed correct unless otherwise proven by preponderant evidence.

Any person who shall induce another or conspire to commit any of the illegal acts prohibited in this Act or suffer their workers to commit any of the same shall be liable in the same manner as the one actually performing the act.

All conveyances, vessels, equipment, paraphernalia implements, gear, tools and similar devices shall be subject immediate and administrative confiscation, independent of the judicial proceedings by the PASu office upon apprehension of the subject however to due process and substantial evidence requirements. When legal action is however filed in the regular courts, the said conveyances, vessels, equipment, paraphernalia implements, gear, tools and similar devices, independent of the administrative proceedings, shall not be released until after judgment has been rendered. Proceeds of the sale of all object administratively or judicially confiscated pursuant hereto shall accrue to the CCPL Fund. Procedure for the sale thereof shall be promulgated by the CCPL-PAMB.

However, in no case shall any confiscated or rescued protected animal species be sold in any manner disposed of but shall be immediately turned over to the PASu Office for release in its natural habitat, subject existing regulations.

The penalties specified in this Section will be in addition to the penalties contained in Republic Act No. 9072 (Nation Caves and Cave Resources Management and Protection Act Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act) and other related laws.

Conviction for any offense under this Act of a public office or officer of the law shall carry the accessory penalty of perpetrated disqualification from public office.