Section 18Sec./Art. 18

Prohibited Acts and Penalties. - The following shall be the prohibitions and penalties applicable to the MBSCPL, in addition to the prohibited acts as provided in the NIPAS Act and its implementing rules and regulations:

(a) The penalties and qualifications prescribed in Articles 309 and 310 of the Revised Penal Code, depending on the value of the resources involved in connection with the prohibited act or a fine of at least triple the value of the said resources, or both, 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 areas or zones in the MBSCPL 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 or any forest products, within particularly identified regulated or prohibited areas or zones in the MBSCPL including private lands without the necessary permit, authorization or exemption;

(3) Possesses or transports, within or outside the MBSCPL any timber, forest products, wild terrestrial or aquatic plants, animals, or by - products derived therefrom which is ascertained to have been taken from the MBSCPL;

(4) Undertakes mineral exploration or extraction within the MBSCPL;

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

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

(7) Conducts bioprospecting within the MBSCPL without prior PAMB approval in accordance with existing guidelines;

(8) Engages in kaingin or, in any manner, causing forest fires inside the MBSCPL; or

(9) Establishes or introduces any exotic species, within the MBSCPL, which are detrimental to endemic species and the ecosystem therein.

(b) A fine of not less than Five thousand pesos (P5, 000.00) but not more than Five hundred thousand pesos (P500, 000.00) or imprisonment from one (1) year but not more than six (6) years, or both, shall be imposed upon any person who:

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

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

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

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

(5) Uses, dumps, places or causes to be placed into the MBSCPL toxic chemicals and non - biodegradable products, including pesticides and other hazardous substances, soaps and shampoos, and washing detergents, unless the same is expressly allowed in the management plan;

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

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

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

(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) Purchases or sells, mortgages or leases lands or other portions of the MBSCPL 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 suffer27 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, equipments, paraphernalia, implements, gears, tools and similar devices shall be subject to immediate and administrative confiscation, independent of the judicial proceedings by the PASu Office upon apprehension, subject however to due process and substantial evidence requirements. When legal action is however, filed in the regular courts, the said conveyances, vessels, equipments, paraphernalia, implements, gears, 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 objects administratively or judicially confiscated pursuant hereto shall accrue to the MBSCPL Fund. Procedure for the sale thereof shall be promulgated by the PAMB.

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, subject to existing regulations.

The penalties specified in this section shall be in addition to the penalties contained in Republic Act No. 9072 (National 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 officer or officer of the law shall carry the accessory penalty of perpetual disqualification from public office.