SEC. 16. Prohibited Acts and Penalties. —
The penalties and qualifications prescribed in Articles 309, on Theft, and 310, on Qualified Theft, 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:
Hunts, takes, destroys, disturbs or possesses any timber, forest product, natural growing or wild terrestrial or aquatic plants, animals, flora or fauna or products derived therefrom, or any form of extraction or use of resources within particularly identified regulated or prohibited areas or zones in the protected area including private lands, without the necessary protected area permit, authorization or exemption, as issued or promulgated by the PAMB;
Cuts, gathers, removes or collects timber or any forest products within particularly identified prohibited areas or zones in the protected area including private lands, without the necessary protected area permit, authorization or exemption, as issued or promulgated by the PAMB;
Cuts, destroys any tree or shrubs or other erosion-preventing plants, or builds or introduces any structure that would cause erosion in riparian areas mentioned in Section 16 of Presidential Decree No. 705, as amended, or the Revised Forestry Code of the Philippines;
Possesses outside the protected area any timber, forest products, wild terrestrial or aquatic plants, animals, flora or fauna so prohibited by the PAMB or products derived therefrom which is ascertained to have been taken from the protected area. It shall be presumed to have been taken from the protected area if the subject plant, animals, flora or fauna is found in possession or control of persons who traveled to the protected area within seventy-two (72) hours before the time of their arrest; and
Hunts, collects, removes, or destroys endangered or protected species, except when collection or removal is for scientific research and is so exempted from this prohibition by the PAMB.
A fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00), or imprisonment ranging from five (5) years to ten (10) years, or both, at the discretion of the court, and the restoration and rehabilitation of the damage or, when appropriate, the ejectment therefrom, shall be imposed upon any person who:
Occupies, settles, or possesses any portion of the protected area, introduces improvements, agricultural or otherwise, or performs kaingin therein not sanctioned by law or without the proper permit and authority as required by the PAMB;
Sells, buys, or offers to sell or buy any real property or rights within particularly identified regulated areas or zones in the protected area;
Occupies or possesses any portion of lands within the protected area by using force, intimidation, threat, deceit or by taking advantage of the absence or tolerance of the rightful possessor, occupant, or claimant;
Uses explosives, noxious substances, or electricity for fishing within the protected area. The possession of explosives, noxious or poisonous substances, electro-fishing devices and paraphernalia, or fish caught through explosives, noxious or poisonous substances or electricity within and nearby fishing areas or fishing boats shall constitute prima facie evidence that the possessor thereof committed the act herein prohibited;
Destroys, damages, mutilates, defaces, or commits any act of vandalism on any object of natural beauty, object of anthropological or cultural importance, or non-renewable resource within the protected area;
Throws, discharges, or dumps within the protected zone any substance that is deleterious or potentially deleterious to the ecosystem or of the plants, animals or inhabitants in the protected and buffer areas, or committing same activities within the buffer zone without appropriate permit or authority;
Alters, removes, destroys or defaces any boundary markers, monuments, or interpretative signs relating to the protected area;
Causes damage to road, trails and pathways;
Engages in any degree or form location/exploration, quarrying or extraction of mineral; and
Obstructs or hinders the enforcement of this Act, its related laws, rules and regulations.
A fine ranging from Five thousand pesos (P5,000.00) to One hundred thousand pesos (P100,000.00), or imprisonment ranging from one (1) year to six (6) years, or both, at the discretion of the court, shall be imposed upon any person who:
Violates any rules and regulations promulgated by the PAMB or its duly authorized delegate or any agreement or commitment reached before the PAMB;
Deals any product illegally derived from the protected area, such as, but not limited to, selling, buying, offering to sell or buy any timber, forest product, natural growing or wild terrestrial or aquatic plants, animals, flora or fauna or products derived therefrom or any resource from within particularly identified regulated or prohibited, areas or zones in the protected area without the necessary permit, authorization or exemption for the utilization, and/or extraction thereof as provided by this Act and other existing laws, rules and regulations;
Uses any equipment which facilitates extraction of resources, regardless of such intention or purpose within the protected area without the necessary protected area permit or authorization;
Leaves debris, refuse, or garbage in exposed or unsanitary condition anywhere within the protected area; and
Enters any portion of the protected area for purposes of mountain climbing, camping, spelunking, study, research or recreational visit without the necessary permit or authorization.
Administrative procedures for the investigation and validation of the violation shall be prepared by the PAMB in coordination with the appropriate bureaus of the DENR.
If the act is committed by a corporation, organization, partnership or association, the penalty shall be imposed on the chief executive officer and/or board of trustees of the corporation, organization or managing partner of the partnership or association. Valuation of the damage shall take into account biodiversity and conservation considerations as well as aesthetic and scenic value. Valuation by the DENR or the concerned government agency shall be presumed correct unless proven otherwise.
Any person who shall induce or conspire with another person or other persons to commit any of the 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.