Maria Paz Luna, DENR 4a

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The E-Nipas Act
and Wildlife
Conservation Act
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Special Issues on Enforcement

 Universe

 Categories of Protected Areas

 Status of the Protected Area

 Locus

 Species Identification

 Strategies (Fisheries Code, Clean Water Act etc)

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Protected Area Law Enforcement

 Nnoah’s Arks
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Offenses

 "Sec. 20. Prohibited Acts. - Except as may be allowed by the

nature of their categories and pursuant to rules and regulations
governing the same, the following acts are prohibited within
protected areas:

 "(a) Poaching, killing, destroying, disturbing of any wildlife

including in private lands within the protected area;
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 "(b) Hunting, taking, collecting, or possessing of any wildlife, or

by-products derived therefrom, including in private lands within
the protected area without the necessary permit, authorization or
exemption: Provided,That the PASU as authorization or
exemption only for culling, scientific research , the exemptions
provided under Section 27(a) of Republic Act No. 9147 (Wildlife
Resources, Conservation and Protection Act) or harvests of
nonprotected species in multiple-use zones by tenured migrants
and IPs;
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 "(c) Cutting, gathering, removing or collecting timber within the

protected area including provate lands therein, without the
necessary permit, authorization, certification of planted trees or
exemption such acts are done in accordance with the duly
recognized practices of the IPs/ICCs for subsistence puposes;
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 "(d) Possessing or transporting outside the protected area any

timber, forest products, wildlife, or by-products derived therefrom
which are ascertained to have been taken from the protected
area other that exotic species, the culling of which has been
authorized under an appropriate permit;
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 "(e) Using any fishing or harvesting gear and practices or any of

their variations that destroys coral reefs, seagrass beds or other
marine life and their associated habitats or terrestrial habitat as
may be determined by the DA or the DENR; Provided, That
mere possession of such gears within the protected areas shall
be prima facieevidence of their use;
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 "(f) Dumping, throwing, using, or causing to be dumped into or

places in the protected area of any toxic chemical, noxious or
poisonous substance or nonbiodegradable material, untreated
sewage or animal waste or products whether in liquid, solid or
gas state, including pesticides and other hazardous substances
as defined under Republic Act No. 6969, otherwise known as the
"Toxic Substances and Hazardous and Nuclear Waste Control
Act of 1990' detrimental to the protected area, or to the plants
and animals or inhabitants therein;
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 (g) Operating any motorized conveyance within the protected

area without permit from the PAMB, except when the use of
such motorized conveyance is the only practical means of
transportation of IPs/ICCs in accessing their ancestral
domain/land;
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 "(h) Altering, removing, destroying or defacing boundary marks or

signs;

 "(i) Engaging in 'kaingin' or, any manner, causing forest fires inside
the protected area;

 "(j) Mutilating, defacing, destroying, excavating, vandalizing or, in

any manner damaging any natural formation, religious, spiritual,
historical sites, artifacts and other objects of natural beauty, scenic
value or objects of interest to IPs/ICCs;

 "(k) Damaging and leaving roads and trails in damaged condition;

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 "(k) Damaging and leaving roads and trails in damaged

condition;

 "(l) Littering or depositing refuse or debris on the ground or in

bodies of water;

 "(m) Possessing or using blasting caps or explosives anywhere

within the protected area;

 "(n) Occupying or dwelling in any public land within the protected

area without clearance from the PAMB;
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 "(o) Constructing, erecting, or maintaining any kind of structure,

fence or enclosure, conducting any business enterprise within
the protected area without prior clearance from the PAMB and
permit from the DENR, or conducting these activities in a
manner that is inconsistent with the management plan duly
approved by the PAMB;
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 "(p) Undertaking mineral exploration or extraction within the

protected area;

 "(q) Engaging in commercial or large-scale qaurrying within the

protected area;

 "(r) Establishing or introducing exotic species, including GMOs

or invasive alien species within the protected area;
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 "(s) Conducting bioprospecting within the protected area without

prior PAMB clearance in accordance with existing
guidelines: Provided, That in addition to the penalty provided
herein, any commercial use of any substance derived from
nonpermitted bioprospecting within a protected area will not be
allowed and all revenue earned from illegal commercialization
thereof shall be forfeited and deposited as part of the I{AF;

 "(t) Prospecting, hunting or otherwise locating hidden treasure

within the protected area;
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 "(u) Purchasing or selling, mortgaging or leasing lands or other

portions of the protected area which are covered by any tenurial
instrument; and
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 "(v) Constructing any permanent structure within the forty (40)-

meter easement from the high water mark of any natural body of
water or issuing a permit for such construction pursuant to
Article 51 of Presidential Decree No. 1067: Provided, That
construction for common usage wharves and shoreline
protection shall be permitted by the PAMB only after thorough
EIA."
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Penalties

 (a) A fine of not less than Two hundred thousand pesos

(P200,000) but not more than One million pesos (P1,000,000) or
imprisonment from one (1) year but not more than six years, or
both, plus damages of triple the value of the said resources, or
both, shall be imposed upon any person who violates
paragraphs (a) to (e) of Section 20 herein;
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 (b) A fine of not less than Two hundred thousand pesos

(200,000) but not more than One million pesos (P1,000,000) or
imprisonment from one (1) year but not more than six years, or
both, shall be imposed upon any person who violates
paragraphs (f) to (p) of Section 20 herein;
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 "(d) A fine of Fifty thousand pesos (P50,000) daily shall be imposed

on the owner of existing facilities within a protected area under
Section 24 of this Act, if the existence of the same and its future
plans and operations will be detrimental to the protected area. For
every continuing violation, or if the violation continues to be
committed for thirty (30) days and upon reaching a total fine of Five
hundred thousand pesos (P500,000), the PAMB through the PASU
and other deputized government entities, shall cause the cessation
of operation and either forfeit in favor of the PAMO or demolish the
facility at the cost of its owner. If the facility is government-owned,
the agency in change shall submit a plan for a substitute facility that
complies with the protected area standards and, within one (1) year,
execute the approved protected area management plan;
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 "(e) Administrative fines of not less that Fifty thousand pesos

(P50,000), but not exceeding Five million pesos (P5,000,000),
shall be imposed by the DENR Secretary for the violation of any
rule, regulation, or provision of any agreement reached with the
PAMB: Provided, That if an area which has sustained damage
from any activity conducted therein requires rehabilitation or
restoration as determined by the court, the offender shall be
required to restore of pay compensation for damage, which
payment shall accrue to the IPAF.
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 "On the basis of a court order, the DENR shall cause the eviction
of an offender from the protected area: Provided, That in cases
of emergency, the DENR Secretary may order the immediate
exit or departure the offender from the protected area. The
DENR Secretary may call on other enforcement agencies to
assist in executing the order to vacate.

 "An emergency occurs when there is a demonstrated impending

threat to human life and biodiversity or to species found within
yje ecosystem of the protected area.
  "All minerals, timber or species collected or removed from the protected area,
z including all equipment, devices, conveyances, and firearms used in connection
therewith, shall be forfeited in favor of the government, and any construction or
improvement made thereon by the offender shall be subject to confiscation by
the PAMO, subject to the application of due process.

 "The conveyance, vessels, equipment, paraphernalia, implements, gears, tools,

and similar devices used in the commission of the crime shall de dealth with in
accordance with Part 4, Rule 12 (Custody and Disposition of Seized Items,
Equipment, Paraphernalia, Conveyance and Instruments) of Administrative
Matter No. 09-6-8-SC (Rules of Procedures for Environmental Cases) issued by
the Supreme Court. 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 PAMO for rehabilitation and release to its natural
habitat, subject to existing regulations. Valuation of the damages shall take into
account biodiversity and conservation considerations as well as aesthetic and
scenic value. The valuation and assessment by the DENR, in coordination with
other concerned government agencies, shall be presumed regular, unless
otherwise proven by the preponderance of evidence.
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 "If the offender is an association or corporation, the president or

manager, who is proven to have participated in or have actual
knowledge of any violation against the provisions of this Act shall
be directly liable for the act of the employees and
laborers: Provided, finally, That the DENR may impose
administrative fines and penalties consistent with this Act.

 "Any person who shall induce another or conspire to commit any

of the acts prohibited in this Act, or firce their workers to commit
any of the same, shall be liable as principal.
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 The penalties specified in this section shall be in addition to the

penalties provided in Republic Act No. 9072 or the National
Caves and Cave Resources Management and Protection Act',
Republic Act No. 9147 or the 'Wildlife Resources Conservation
and Protection Act', Republic Act No. 8550 or the 'Philippine
Fisheries Code of 1998' and other related laws.
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 "The conviction of a public officer of the law whether from the

LGU or any national government agency for any violation of the
provisions of this Act shall carry the accessory penalty of
perpetual; disqualification from public office."