Section 11August 22, 2007, Sec./Art. 11

Prohibited Acts. - (a) The penalties prescribed for theft under Articles 309 and 310 of the Revised Penal Code shall be imposed upon any person found guilty of:

(i) Hunting, destroying, trapping, disturbing or possessing anywhere within the PA of any wild plant or animal or products derived therefrom without a permit from the PAMB: Provided, That such permit shall only be given for scientific purposes necessary to promote PA management;

(ii) Cutting, gathering, collecting or removing timber or forest products without permit: Provided, That such permit shall only be given for scientific purposes necessary for PA management;

(iii) Possessing outside the PA any wild plant or animal or products derived therefrom which came from the PA;

(iv) Mineral exploration or extraction, drilling or prospecting for minerals within the PA;

(v) Constructing 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 shall not need a permit from the PAMB; and

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

(b) A fine of not less than One hundred thousand pesos (P100,000.00) nor more than Five hundred thousand pesos (P500,000.00) and/or imprisonment of not less than one year and not more than five years shall be imposed upon:

(i) Any person or persons found guilty of grazing and/or causing livestock to graze or raising poultry within the PA without a permit from the PAMB; and

(ii) Any public officer or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting acts necessary to prosecute the violators of this Act or shall tolerate the commission of offenses herein provided. Conviction for this offense shall also carry the penalty of perpetual disqualification from public office.

(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 one year and not more than five years and the restoration and rehabilitation of the damage shall be imposed upon any person who commits the following acts:

(i) Violating any rules and regulations in the management plan or by the PAMB or agreements reached before the PAMB in the exercise of its adjudicative functions;

(ii) Dumping, burning or disposing of any waste products, vegetation or materials within the PA to the detriment of the inhabitants, plants or animals therein;

(iii) Use of motorized equipment without a permit except motorized vehicles within the national highway, provincial road or other public thoroughfare traversing the park: Provided, That such thoroughfares were legally constructed;

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

(v) Entering the PA without a permit from the PAMB. Any person who shall induce or conspire with another person to commit any of the acts prohibited in this section or cause his workers to commit any of such acts shall be liable in the same manner as the one actually performing the act. The valuation of the damage resulting from any of the acts prohibited herein shall take into account biodiversity and conservation consideration as well as aesthetic and scenic values. Conviction for any of these acts shall likewise carry the penalty of eviction from the PA and forfeiture in favor of the government of transportation facilities, structures, building materials, equipment, devices and weapons used in the commission of the offense.

The LGU responsible for the arrest of a violator and the confiscation of materials used in the commission of the offense shall have a fifty percent (50%) share from the proceeds in the disposition of confiscated materials. The other fifty percent (50%) shall accrue to the Mimbilisan Protected Area Fund.

The above prohibitions shall not include activities identified in the management plans and such other measures as are necessary for protection, preservation and PA management, which shall be undertaken by the PASu or other persons deputized by the PAMB. The certified customs and traditional practices of indigenous cultural communities are also allowable activities over which the above prohibitions shall not apply.