Rasa Island Wildlife Sanctuary Act

Office of tir so ag TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session FEB 24 A11:06 SENATE RECEIVED BY. 1898 Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT DECLARING RASA ISLAND LOCATED IN THE MUNICIPALITY OF NARRA, PROVINCE OF PALAWAN, A PROTECTED AREA WITH THE CATEGORY OF WILDLIFE SANCTUARY UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED TO AS THE RASA ISLAND WILDLIFE SANCTUARY, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Article II, Section 16 of the 1987 Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Rasa Island is situated within the jurisdiction of the Municipality of Narra in the southern part of Palawan. It has a total area of one thousand nine hundred eighty-three (1,983) hectares. The island was declared as a Wildlife Sanctuary under Presidential Proclamation 1000 on 15 February 2006 pursuant to the National Integrated Protected Areas System (NIPAS) Act of 1992 in order to effectively protect and conserve the Philippine Cockatoo Cacatua haematuropygia and other threatened species of fauna and flora, and to preserve and enhance the ecosystem services of the pristine island. The Rasa Island Wildlife Sanctuary (RIWS) is the habitat of the critically endangered Philippine Cockatoo Cacatua haematuropygia globally and the stronghold of the wild population of this species where at least one-third of the global population could be found. It is crucial for the survival of the species and its recovery within its historical range in the country. The Philippine Cockatoo is the flagship species of Narra, Palawan through Municipal Ordinance 2018-844. Rasa Island Wildlife Sanctuary (RIWS) has coastal forest, one of the last examples of an intact lowland forest on a small coral island in the Philippines and has 709.71 hectares of mangrove forest on 52% of Rasa Island's surface area and 222 hectares of coral reefs. At least 68 plant species, most of which are nest- and food-providing trees for the Philippine Cockatoo and other wildlife in the island, are present in the coastal forest. RIWS is home to 113 bird species, 12 reptiles, nine (9) mammals and 132 species of fish currently listed. RIWS supports a large number of other globally threatened and restricted range species, like Grey Imperial Pigeon Ducula pickeringii, Blue-headed Racquet-tail Prioniturus platenae, Mantanani Scops Owl Otus mantananensis, Nicobar Pigeon

Caloenas nicobarica, Chinese Egret Egretta eulophotes, three species of marine turtles and Dugong Dugong dugon. The biodiversity values of the ecosystem services of Rasa Island Wildlife Sanctuary, Narra, Palawan have been clearly demonstrated also in monetary terms. The biodiversity of Rasa provides direct and indirect benefits to its stakeholders; among many other services, its mangroves and coral reefs support fishery resources in Narra; Rasa Island protects the adjacent areas from storm surges; and serves as the core habitat of the Philippine Cockatoo. The preservation of the environment is not a duty but a responsibility that should be practiced by each and every citizen of the State for the simple reason that its benefits will not only be for the present generation but for the future as well. Strengthened protection and conservation of the Rasa Island Wildlife Sanctuary therefore is urgently needed, also to support the ongoing concerted and collaborative efforts of the Local Government of Narra, Palawan, the Protected Area Management Board (PAMB) of the Rasa Island Wildlife Sanctuary (RIWS) and the citizens of Narra. In light of the perceived uncertain future and challenges we face with climate change and unsustainable development programs, it is but suitable that its protection be implemented for the benefit of all humanity in general and for the benefit of the Filipino people in particular, in accordance with the Philippine Constitution. This bill therefore seeks to declare the Rasa Island Wildlife Sanctuary (RIWS) in the Municipality of Narra, Province of Palawan as a protected area with the category of Wildlife Sanctuary under the NIPAS. In view of the forgoing, the immediate passage of this bill is earnestly sought. JUAN MIGUEL F. ZUBIRI

Still Office of tine entary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session FEB 24 A11:06 SENATE RECEIVED BY 1898 Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT DECLARING RASA ISLAND LOCATED IN THE MUNICIPALITY OF NARRA, PROVINCE OF PALAWAN, A PROTECTED AREA WITH THE CATEGORY OF WILDLIFE SANCTUARY UNDER THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM, TO BE REFERRED TO AS THE RASA ISLAND WILDLIFE SANCTUARY, PROVIDING FOR ITS MANAGEMENT, AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Rasa Island Wildlife

AUN Sanctuary Act."

SEC. 2. Declaration of Policy. - Cognizant of the profound impact of human

activities on all components of the natural environment, it is hereby declared the policy of the State to secure for the Filipino people of present and future generations, the perpetual existence of all native plants and animals through the declaration of protected areas under the National Integrated Protected Areas System (NIPAS) within the classification of national park as provided in the Constitution. In recognition of the richness of biological resources, both flora and fauna, in particular the Philippine Cockatoo, as well as their aesthetic and ecological importance, the Rasa Island located in Barangay Panacan, Municipality of Narra, Province of Palawan is hereby declared a protected area with the category of wildlife sanctuary and shall hereinafter be referred to as the Rasa Island Wildlife Sanctuary (RIWS). As such, the State shall ensure the conservation, protection, management and rehabilitation of the area. It is likewise recognized that effective administration of this area is possible only through cooperation among the national government, local government units (LGUs), concerned relevant non-governmental organizations (NGOs), private entities, and local communities. The use and enjoyment of this area must be consistent with the principles of biological diversity and sustainable development. Towards this end, the State shall ensure the conservation, rehabilitation, and protection of biodiversity in the Rasa Island Wildlife Sanctuary, the full implementation of this Act, the mobilization of resources for the institutional

mechanisms herein established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the ecosystems, and cultural and indigenous practices. The State shall further ensure that the precautionary principles shall be applied in the management of the RIWS and the implementation of its regulations and management plans. 6 SEC. 3. Definition of Terms. - As used in this Act: Ancestral Domain refers to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare; b) Biological diversity or biodiversity refers to the variability among the living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and this includes diversity within species, between species and of ecosystems; C) Buffer Zone refers to identified areas outside the boundaries of and immediately adjacent to designate protected areas that need special development control in order to avoid or minimize harm to the protected area; d) Conservation refers to any act or acts of preservation and sustainable utilization of wildlife or maintenance, restoration, and enhancement of habitats; Consultation refers to the meeting or dialogue with concerned or affected individuals and groups within and outside the RIWS, designed to identify and resolve issues and problems affecting them in relation to the protection, conservation and sustainable development of Rasa Island Wildlife Sanctuary; f) Delineation refers to the actual ground survey of the boundaries of protected areas and their buffer zones and management zones using the global positioning system (GPS) or other applicable survey instruments and technologies, with the intention of producing a map in the area; Demarcation refers to the establishment of the boundaries of protected areas and their buffer zones using visible markers, monuments, buoys in case of marine areas, and known natural features and landmarks, among others, as a result of the actual ground delineation; h) Endangered species refer to species or subspecies whose population is in danger of extinction and whose survival is unlikely if the casual factors continue operating;

Exploitation refers to any mode of use, extraction, development, utilization or disposition of resources for whatever purpose, whether commercial or otherwise; j) Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) refer to groups of people sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and who have, since time immemorial occupied, possessed, and utilized a territory; Management plan is the basic long-term framework plan for the management of the protected area and guide in the preparation of its annual operation plan and budget; Multiple Use Zone refers to an area where settlement, traditional or sustainable land use, including agriculture, agroforestry, and extraction activities, may be allowed to the extent prescribed in the protected area management plan; Protected area refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity, and protected against destructive human exploitation; Steward refers to any individual, group, indigenous community, Environment and Natural Resources (DENR) or the Protected Area Management Board (PAMB), to assume responsibility for the protection, conservation, management, and sustainable use of resources within a protected area, in accordance with this Act and other applicable laws, rules, and regulations. 0) Sustainable refers to the use of components of biological diversity in a manner and at a rate that does not lead to the decline of the species used nor cause permanent or long-term diminishment or qualitative degradation of biological species, ecological functions or of other resources extracted or disturbed. Wildlife sanctuary refers to an area which assures the natural conditions necessary to protect nationally significant species, group of species, biotic communities or physical features of the environment which may require specific human manipulations for their perpetuation.

SEC. 4. Classification as National Park. - The RIWS is composed of lands and

waters of the public domain situated in Barangay Panacan, Municipality of Narra, Province of Palawan. All lands and waters of the public domain comprising the Rasa Island Wildlife Sanctuary shall fall under the classification of national park as provided in Section 3, Article XII of the Constitution.

SEC. 5. Scope and Coverage. - The boundaries of the RIWS are more

particularly described as Tie Line: Cor. 1 is N. 89° 23' E. 2, 068.89 meters from BLLM #1, PLS-23 of Narra, Palawan (formerly Aborlan) at latitude 9° 14' 47.284" and longitude 118° 24'26.227";

Thence N 37° 40' E 1,165.47 meters to corner 2; Thence S 80° 12' E 1,084.08 meters to corner 3; Thence S 55° 22' E 1,298.12 meters to corner 4; Thence S 35° 55' E 910.59 meters to corner 5; Thence S 09° 08' E 1,120.46 meters to corner 6; Thence Due South 1,474.96 meters to corner 7; Thence S 43° 57' W 1,024.41 meters to corner 8; Thence S 62° 35' W 809.94 meters to corner 9; Thence Due West 1,066.52 meters to corner 10; Thence S 43° 57' W 768.30 meters to corner 11; Thence S 80° 11' W 1,082.34 meters to corner 12; Thence N 55° 19' W 648.49 meters to corner 13; Thence N 13° 32' W 759.11 meters to corner 14; Thence N 17° 50' E 1,162.92 meters to corner 15 Thence N 37° 40' E 1,165.47 meters to corner 16; Thence Due North 1,107.06 meters to corner 17; Thence N 10° 55' E 939.57 meters to corner 1; the point of beginning containing an area of One Thousand Nine Hundred Eighty-Three (1,983) hectares (4,900- acre) bird sanctuary, subject to actual ground survey and verification by the DENR immediately after the effectivity of this Act. Any modification of the scope and coverage of the RIWS in this Act shall be made through an act of Congress, after consultation with the government agencies and stakeholders concerned.

SEC. 6. Establishment of Buffer Zones. - The Secretary of the DENR, upon the

recommendation of the PAMB created under Section 7 of this Act, may designate areas surrounding the RIWS as buffer zones for the purpose of providing an extra layer of protection where restrictions may be applied: Provided, That in cases where restrictions in the designated buffer zone would cover private lands, the owners thereof shall be required to design their development with due consideration to the protected area management plan.

ARTICLE II MANAGEMENT MECHANISMS

SEC. 7. Protected Area Management Board. - Within ninety (90) days from the

effectivity of this Act, a Protected Area Management Board (PAMB) shall be created to oversee the management of RIWS. The PAMB shall be composed of the following: a. DENR Regional Executive Director for Region IV-B MIMAROPA, as Chairperson; b. Governor of the Province of Palawan or a designated representative; C. Representative of the 2d District of Palawan or his/her duly designated representative; d. Mayor of the Municipality of Narra or his/her duly designated representative; e. Chairperson/s of the barangays (Antipuluan, Panacan I, Panacan II) where the RIWS is located; f. Executive Director of the Palawan Council for Sustainable Development Staff (PCSDS) or his/her designated representative; g. Regional Directors of the Department of Agriculture (DA), the Department of Economy, Planning and Development (DEPDev), the Department of Science and Technology (DOST), the Philippine National Police (PNP), and the Department of National Defense (DND) or their duly authorized representatives; h. Three (3) representatives from either an NGO or PO, duly accredited both by the DENR and the Municipal Government. The NGO or PO represented should have been in existence for at least five (5) years and with track record in or related to protected area management; i. At least one (1) but not more than three (3) representatives from all the ICCs/IPs present in the area and recognized by the National Commission on Indigenous Peoples (NCIP); Two (2) representatives from academic institutions, preferably from universities or colleges where the RIWS is located, with proven track record in or related to protected area management; and k. One (1) representative from the private sector, preferably a resident of the Province of Palawan, who is distinguished in a profession or field of interest relevant to protected area management. Ex officio member or members of the PAMB by virtue of their elective or appointive government positions, as specified in the preceding paragraphs (a), (b), (C), (d), (e), (f) and (g), shall serve for the duration of their respective terms of office in their respective elective or appointive positions.

On the other hand, the members of the PAMB other than those mentioned in the preceding paragraph shall be appointed by the DENR Secretary after the conduct of a transparent and fair selection process. They shall serve a term of three (3) years and may be reappointed for another term. In the selection of the representatives of POs and NGOs, preference shall be accorded to those organizations that are involved in the conservation, protection, and development of the RIWS. Representation shall be by institution and shall aim to achieve balance in representation by geographic location or areas. The members of the PAMB shall not receive a salary but shall be entitled to reimbursement with actual and necessary expenses incurred, either in attendance in meeting with the Board or in connection with official business authorized by resolution by the Board. The members duly appointed prior to the effectivity of this Act shall continue their term until the expiration of their appointment.

SEC. 8. Grounds for Removal. - A member of the PAMB may be removed for any

of the following grounds: a. More than three (3) consecutive unexcused absences from regular meetings of the management board; b. Commission of acts prejudicial to the management of the protected area as embodied in Section 18 hereof and/or its other existing rules and regulations; c. Disassociation from the office or organization being represented; d. Termination of relationship with the office or organization being represented; or e. Conviction by final judgment of any criminal act.

SEC. 9. Powers and Functions of the Protected Area Management Board. - The

PAMB shall have the following powers and functions: a. Oversee the management of RIWS; b. Approve policies, guidelines, plans and programs, proposals, agreements and other relevant documents including the manual of operations and management plan for the management of the protected area; C. Determine, based on existing scientific evidence, laws, rules and regulations, international instruments, traditional resource utilization, management modalities in the area, carrying capacity, and observing precautionary principle, the modes of the utilization of the RIWS and all the resources found therein which shall serve as basis for the issuance of permits; d. Ensure the implementation of programs as prescribed in the management plan of the protected area and its approved work and financial plan;

e. Monitor and evaluate the progress in the implementation of the management plan; f. Monitor and assess the performance of the Protected Area Superintendent (PASu) and other protected area personnel, and compliance of partners to the items and conditions of any undertaking, contract or agreements; g. Recommend fees and other charges to the DENR Secretary for the use of protected area; h. Perform such other functions necessary for the fulfillment of the provisions of this Act and other applicable laws, rules and regulations, and as may be required. i. Promulgate rules and regulations and impose penalties for violations thereof; j. Exercise quasi-judicial functions for adjudicating cases of violations of this Act and impose penalties for violations of guidelines, rules, and regulations within the RIWS; k. Establish productive partnership, with national and local agencies, local government units, local communities, the academe, nongovernmental organizations, and such other institutions to ensure the conservation and management of the RIWS; I. Control and regulate construction, operation and maintenance of structure and utilities within the multiple use zone of RIWS; m. Appoint the RIWS PASu, and, upon recommendation of the PASu, appoint management personnel based on internal selection criteria and decide on their compensation and benefits; n. Generate funds and accept donations, grants, appropriate and disburse the same, and exercise accountability over all funds that may accrue to the RIWS; o. Manage the RIWS Trust Fund, as herein provided; p. Recommend the deputation of appropriate agencies and individuals for the enforcement of laws, rules and regulations governing the management of the RIWS. q. Engage services of a legal counsel to represent and defend the members of PAMB and staff of the Protected Area Management Office in cases filed against them arising from the performance of their duties under this Act, as well as its implementing guidelines, rules, and regulations pertaining to the RIWS. r. Provide adequate measures to ensure consultation and participation of stakeholders;

5. Adopt a manual of operations to include rules of procedures in the conduct of business, and the creation of committees and their respective terms of reference; t. Allocate financial resources for the implementation of the management plan and manage the Protected Area Retention Income Account and other funds in accordance with government accounting, budgeting, and auditing rules and regulations; and u. Recommend appropriate policy changes to the DENR and other government authorities with respect to the management of the RIWS. The PAMB, in coordination with the LGU, DENR, PCSD and other relevant stakeholders shall ensure that the management of the RIWS is within the scope of its powers and functions. In case of conflict between policies, programs and plans of other government agencies' administrative orders, such conflict shall be resolved by RIWS PAMB on the basis of its Protected Area Management Plan (PAMP).

SEC. 10. Protected Area Management Office. - There is hereby established a

Protected Area Management Office (PAMO) to be headed by a Protected Area Superintendent (PASu) who shall supervise the day-to-day management, protection, and administration of the RIWS. The PASu shall hold a permanent plantilla position and shall be appointed by the DENR Secretary. A sufficient number of support staff with permanent plantilla postions shall likewise be appointed by the DENR Secretary to assist the PASu in the management of the RIWS. The PASu shall be primarily accountable to the PAMB and the DENR for the management and operations of the RIWS. Pursuant thereto, the PASu shall have the following duties and responsibilities: a) Prepare the management plan, including the annual work and financial plan and ensure its implementation, in consultation with stakeholders; b) Ensure the integration of the RIWS management plans, programs, projects, and policies with relevant national and LGU plans and programs; c) Provides secretarial services to the PAMB and its committees and ensure the availability of relevant and timely information for decision-making; d) Formulate and recommend proposed policies, rules, regulations and programs to the PAMB; e) Establish, operate, and maintain a database management system which shall be an important basis for decision-making; f) Enforce laws, rules and regulations relevant to the RIWS, commence and institute administrative legal actions in collaboration with other government agencies or organizations, and assist in the prosecution of offenses committed in violation of the provisions; g) Assist in the ground delineation and demarcation of the boundaries of the protected area and buffer zone;

h) Initiate the implementation of the delineation of the boundaries of the RIWS and provide map and legal descriptions of the natural boundaries of the RIWS; i) Enhance rules and regulations to protect the area from trespassing, damage, vandalism and illegal occupancy. In case of seizure, he/she shall assume the custody of the apprehended item. The disposition of the confiscated items shall be subject to the clearance from the PAMB except those items that are held under custogia legis, those that are subject of donation, those that must be deposited with the appropriate government agency and those that will be utilized for the DENR's own needs in accordance with the existing related rules and regulations; Issue permits for the use of facilities and amenities except those considered as special uses, as defined under DENR Administrative Order 2008-26; k) Issue certification whether the proposed activity/project allowable or not within the management zones; 1) Submit quarterly progress reports to the PAMB; m) Collect and receive pertinent fees, charges, donations and other income for the RIWS: Provided, That such fees, charges, donations and other income collected and received shall be reported regularly to the PAMB and the DENR in accordance with existing guidelines; and n) Perform such other functions as the PAMB and the DENR may assign. The PAMO may be augmented by the deputized local environment and natural resources officers upon the recommendation of the PAMB and approval of the DENR.

SEC. 11. Protected Area Management Plan. - Within one (1) year from the

effectivity of this Act, the PASu shall take lead in the preparation of the RIWS Management Plan and in the coordination with various stakeholders. The management plan shall serve as the basic long-term framework plan in the management of the RIWS and guide in the preparation of the annual operations plan and budget. The management plan embodies, among others: a) A period of applicability of ten (10) years subject to periodic review every five (5) years; b) Vision, goals and objectives of the management of the protected area; c) Mechanism strategy in the management of the protected area including, but not limited to, the establishment of clear and simplified guidelines on the activities that can be done within the zones, including the buffer zones, to effectively manage the protected area; d) Key management issues such as, but not limited to, issuance, screening and approval of all development and resource-use activities within the RIWS and adequate protection and restoration of endangered species and fragile ecosystems;

e) Set mechanisms or basis for enforcement of existing laws and regulations and addressing conflict resources issues; and f) Mechanisms to ensure adequate consultation and participatory decision- making processes, and recognizing the role and participation of the PAMB members. The management plan shall be consistent with the category of the RIWS as a wildlife sanctuary. It shall be approved by the RIWS PAMB, and all relevant agencies will be furnished a copy of the plan. The management plan shall be harmonized with the Ancestral Domain Sustainable Development Protection Plan (ADSDPP) as required under Republic Act No. 8371 or the Indigenous Peoples' Rights Act (IPRA), the Comprehensive Land Use Plan of the local government as required under the Local Government Code and other local plans such as the Comprehensive Land Use and Water Plan (CLUWP).

SEC. 12. Zoning. - The identification of the zones and the criteria in the

delineation and demarcation shall be adopted within the protected area, giving consideration to the protection and conservation of flora and fauna in accordance with applicable laws, rules and regulations: Provided, That the identification and the designation of zones shall be undertaken in coordination with the PCSD, DENR, LGUs concerned and other stakeholders and consistent with the existing laws applicable to the protected area.

SEC. 13. Administration and Management of RIWS. - As provided under the

ENIPAS Act, the management of the protected area is hereby placed under the control and administration of the DENR through the Biodiversity Management Bureau (BMB). The PAMB shall have jurisdiction, power and authority over the RIWS, on matters concerning the implementation of the PAMB's authority and on matters that generally relate to biodiversity conservation, protection and sustainable development without prejudice to the implementation of special laws, including but not limited to, the SEP law, Wildlife Act, Chainsaw Act, Caves Act, Fisheries Code and other similar environmental laws. To harmonize all conservation efforts within the protected area, there must be an established and adequate coordination mechanism between the LGUs, DENR, PCSD and other relevant stakeholders. SECT. 14. Executive Committee. - The RIWS PAMB may create an Executive Committee (ExeCom) from among themselves and shall be authorized to perform some of the tasks and functions of the PAMB, if it is deemed necessary.

SEC. 15. Ancestral Domains, Customary and Existing Rights. - The ancestral

domains, customary rights, and interests of indigenous cultural communities/peoples within the RIWS are hereby recognized and shall be respected in accordance with the IPRA and its implementing rules and regulations. Their preservation shall form part of the management objectives of the RIWS, and the identification and delineation of such claims shall be undertaken by the NCIP in coordination with the PAMB. Nothing in this Act shall impair or diminish prior or existing rights granted under existing laws.

All other properties and rights vested prior to the effectivity of this Act shall likewise be protected, subject to harmonization with the objectives of this Act. The renewal of permits, contracts, or agreements shall be subject to the provisions of this Act. Non-renewal shall require rehabilitation or restoration of the affected area within the period prescribed by law, after which the same shall revert to national park classification. Holders of such rights shall submit a rehabilitation plan to the RIWS PAMB, and upon renewal, shall post a sufficient bond with the DENR to ensure compliance and proper rehabilitation as certified by the RIWS PAMB. SEC. RIWS Recognized Occupants/Claimants. - Recognized occupants/claimants shall be eligible to become stewards of portions of lands within multiple-use zones. The RIWS PAMB shall identify, verify, and review all land claims for possible organization to acquire a legal tenurial agreement consistent with the zoning provided in the management plan. Should areas occupied by recognized claimants/occupants be designated as zones in which no occupation or other activities are allowed pursuant to the attainment of the sustainable development, the provision for the transfer of the recognized claimants/occupants to multiple-use zones shall be accomplished through just and humane means: Provided, That protected area occupants who are not qualified as recognized claimants/occupants shall be resettled outside the protected area. The rights of the recognized claimants/occupants may be transferred only to the spouse or one of their direct descendants listed at the time of the survey. In the event of termination of a tenurial agreement for cause or by voluntary surrender of rights, the PASu shall take immediate steps to rehabilitate the area to return it to its natural state.

SEC. 17. Major Facilities Within and Utilization of Resources in RIWS. - Since the

establishment of RIWS as a protected area, it had no major existing facilities such as roads, buildings, water systems, transmission lines, communication facilities, heavy equipment and irrigation facilities existing within its boundaries. Considering its nature as a wildlife sanctuary, major facilities shall be considered inappropriate inside the RIWS. Existing minor structures for protection, enforcement and tourism activities shall be maintained. Any exploitation or utilization of non-renewable resources within the prohibited zones of RIWS shall not be allowed. The PAMB shall issue guidelines for utilization of resources inside the designated multiple-use zones.

SEC. 18. Special Prosecutor and Retained Counsel. - Within thirty (30) days

from the effectivity of this Act, the Department of Justice shall appoint a special prosecutor to whom all cases of violation of the laws and rules and regulations in the protected area shall be assigned. Such special prosecutor shall coordinate with the PAMB through the PASu in the performance of his/her duties and assist in the training of enforcement officers. The PAMB may retain the services of a counsel to prosecute and assist in the prosecution of cases under the direct

supervision of the DENR lawyer with plantilla position and the Public Prosecutor. Said counsel shall also represent and defend the members of the PAMB, PASU, the staff, or any deputized individual and volunteer, against any legal action arising from the performance of their works and functions as provided in this Act.

SEC. 19. Citizen Suit. - For purposes of enforcing the provisions of this Act or its

implementing rules and regulations, any Filipino citizen, whether an individual or a corporation, in representation of others, including minors or generations yet unborn, may file an action to enforce rights and obligations in the proper courts/bodies against: a) Any person who violates or fails to comply with the provisions of this Act, its implementing rules, and regulations; or b) Those mandated to implement and enforce the provisions of this Act with respect to orders, rules and regulations issued inconsistent with this Act; and/or C) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty under this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or in any manner improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until after a thirty (30)-day notice have been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon. The court shall exempt such action from the payment of filing fees, upon prima facie showing of the non-enforcement or violations complained of and exempt the plaintiff from the filing of an injunction bond for the issuance of preliminary injunction. In the vent that the complainant/petitioner should prevail, the court shall award reasonable attorney's fees, moral damages and litigation costs as appropriate.

SEC. 20. Strategic Lawsuit Against Public Participation (SLAPP). - Any legal

action filed to harass, vex, exert undue pressure or stifle any legal resources that any person, institution or government has taken or may take in the implementation of this Act, which includes among others the enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be treated as SLAPP. The court where the said legal action has been filed should immediately make a determination not exceeding thirty (30) days whether said legal action is a SLAPP. Upon determination thereof, evidence warranting the same, the court shall dismiss the complaint. In addition, the court shall award damages, attorney's fees and cost of suits under a counterclaim, if such has been filed. The defense of SLAPP can also be raised even at the Prosecutor's Office. This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

ARTICLE III PROHIBITIONS AND PENALTIES

SEC. 21. Prohibited Acts. - In addition to the prohibited acts enumerated under

the ENIPAS law, the following acts shall be prohibited within the RIWS: a. Docking of vessels and entering within the restricted areas without permit from the PAMB; b. Expansion of coconut plantation inside the RIWS; c. Unauthorized activities within multiple-use zones; d. Any exploitation or utilization of non-renewable resources within the strictly protected zones of RIWS; e. Damaging of RIWS ecosystems, e.g. corals, mangroves, coastal forests, intertidal zones, seagrass beds; and f. Anchoring at coral reefs or any part of the coral to secure a vessel in place.

SEC. 22. Penalties. - The prohibited acts enumerated under the ENIPAS law

shall be penalized under the penalties provided thereto. The additional prohibited acts under this law shall be penalized with: 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 (6) years, or both, shall be imposed upon any person who violates paragraphs (a) to (c) of the preceding section. The PAMB shall also impose administrative fines ranging from Fifty thousand pesos (P50,000) to Five hundred thousand pesos (P500,000) upon any person who violates Section 19 of this Act to include (a) to (f) of the preceding section. Administrative fines shall be imposed by PAMB on damages of ecosystems on RIWS as provided in the ENIPAS Law shall be based on current valuation ARTICLE IV PROCEEDS, FEES AND APPROPRIATIONS

SEC. 23. Rasa Island Wildlife Sanctuary Protected Area Fund. - There is hereby

established a trust fund to be known as the Rasa Island Wildlife Sanctuary Protected Area Fund for purposes of financing projects of the RIWS, including but not limited to monitoring and enforcement activities. The income shall be derived from the following: a. Income from visitor/tourist fees, b. Fees from permitted sale and export of flora and fauna and either source from RIWS, c. All administrative fines that may be imposed by the PAMB under this Act,

d. Proceeds from the registration and lease of multiple-use areas, including tourism concessions, fees, proceeds, and contributions from industries and facilities directly benefiting from the RIWS, and e. Such other fees and income derived from the operations of the RIWS. S The PAMB shall retain the seventy-five percent (75%) of all revenues raised through the above means, which shall be deposited in the RIWS Protected Area- Retained Income Account (RIWS PA-RIA) in any authorized government depository bank within the province of Palawan: Provided, That disbursements out of such deposits shall be used solely for the protection, maintenance, administration and management of the RIWS, and implementation of work and financial plan duly approved projects approved by the PAMB. The remaining twenty-five percent (25%) of revenues shall be deposited as special account in the General Fund in the National Treasury to be used for purposes of financing the projects in the system. The fund may be augmented by grants, donations, or endowment from various sources, domestic or foreign, for purposes related to their functions: Provided, That the fund shall be deposited as a special account from the National Treasury disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the system, and duly approved projects endorsed by the RIWS PAMB in accordance with existing accounting and budgeting rules and regulations; Provided, further, That the fund shall not be used to cover personnel services expenditures. The LGUs shall continue to impose and collect all other fees not enumerated herein which they have traditionally collected, such as business permits, property tax and rentals of LGD facilities: Provided, That the LGU shall not impose property tax and issue tax declaration for areas or properties located in timberland areas. Furthermore, LGUs may charge add-ons to fees imposed by the RIWS PAMB: Provided, That such add-ons shall be determined based in the contribution of the LGUs in the maintenance and protection of the RIWS.

SEC. 24. Appropriations. - The Secretary of the DENR shall immediately include

in the Department's program the implementation of this Act, the funding of which shall be included in the annual General Appropriation Act. ARTICLE V MISCELLANEOUS PROVISIONS

SEC. 25. Reporting Responsibility. -The PASu through the PAMB shall submit an

annual accomplishment report to the Secretary of the DENR on the activities undertaken by RIWS.

SEC. 26. Construction and Suppletory Application of Existing Laws. - The

provisions of this Act shall be construed liberally in favor of achieving biodiversity, conservation of the protected area and environmental protection and sustainability of its development. The provisions of Republic Act No. 7586, or the NIPAS Act of 1992 as amended by Republic Act No. 11038, existing forestry and other corresponding rules and regulations not inconsistent hereto shall have the suppletory effect in the implementation of this Act.

SEC. 27. Implementing Rules and Regulations. - Within ninety (90) days from

the effectivity of this Act, the Secretary of the DENR shall, in consultation with the local government of the Municipality of Narra, the Provincial Government of Palawan, and concerned national government agencies, issue the corresponding rules and regulations for the effective implementation of this Act.

SEC. 28. Transitory Provisions. - In order to ensure sustainability, the DENR,

PCSD and LGU shall henceforth cease to issue concessions, licenses, permits, clearances, compliance documents or any other instrument that allow exploitation of the resources within the RIWS.

SEC. 29. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

SEC. 30. Repealing Clause. - All laws, presidential decrees, executive orders,

letters of instruction, proclamations, or administrative orders, rules or regulations that are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 31. Effectivity Clause. - This Act shall take effect fifteen (15) days

following its publication in the Official Gazette or in a newspaper of general circulation. Approved,