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RONQUILLO, KAREN N.

LLB 2

RA 7586 AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,
DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES, Otherwise known as "National Integrated Protected Areas System Act of
1992″

Prohibited Acts Elements Penalties Documents Needed for


Prosecution
a. Hunting, destroying, disturbing, or Fine of not less than Php5,000.00 nor more
mere possession of any plants or than Php500,000.00, exclusive of the value
animals or products derived therefrom of the thing damaged or Imprisonment for
without a permit from the Management not less than one (1) year but not more than
Board; six (6) years, or both, as determined by the
court.

If the area requires rehabilitation or


restoration, offender shall be required to
restore or compensate for the restoration of
the damaged area.

Court shall also order the eviction of the


offender from the land and the forfeiture in
favor of the government of all minerals,
timber or any species collected or removed
including all equipment, devices, firearms
used in connection therewith, and any
construction or improvement made thereon
by the offender

If the offender is an association or


corporation, the president or manager shall
be directly responsible for the act of his
employees and laborers
DENR may impose administrative fines and
penalties
b. Dumping of any waste products Same penalties - Certification from a licensed
detrimental to the protected area, or to veterinarian that the dumped waste
the plants and animals or inhabitants products are detrimental to the life of
therein; the wildlife found or living in the area.

- Certification from the Wildlife


sector of the concerned DENR office
that the place where the wastes were
dumped is a critical habitat in
accordance with RA 7586 or the
NIPAS Act, or designated as such in
accordance with Section 25 of RA 9147
c. Use of any motorized equipment Same penalties
without a permit from the Management
Board (Section 20[c], RA 7586)

d. Mutilating, defacing or destroying Same penalties


objects of natural beauty or objects of
interest to cultural communities
(Section 20[d], RA 7586)

e. Damaging and leaving roads and trails Same penalties


in damaged conditions (Section 20[e],
RA 7586)
f. Squatting, mineral locating, or Same penalties -Certification from the Protected Area
otherwise occupying any land (Section and/or Wildlife sector of the
20[f], RA 7586) concerned DENR office that the place
where the concerned act is done is
within a critical habitat in accordance
with RA 7586 or the NIPAS Act or
designated as such in accordance with
Section 23 of RA 9147.
g. Constructing or maintaining any kind Same penalties
of structure, fences or enclosure,
conducting any business enterprise
without a permit (Section 20[g], RA
7586)

h. Leaving in exposed or unsanitary Same penalties


conditions refuse or debris, or
depositing in ground or in bodies of
water (Section 20[h], RA 7586)

i. Altering, removing, destroying or Same penalties


defacing boundary marks or signs
(Section 20[i], RA 7586)
REPUBLIC ACT NO. 7942 AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION,
AND CONSERVATION, Otherwise known as the Philippine Mining Act of 1995

Prohibited Acts Elements Penalties Documents Needed for Prosecution


a. Any false application, declaration, or a. Presenting any false Any person who knowingly presents The concerned Regional Office shall file the
evidence to the Government or statements any false application, declaration, or complaint with the proper court for
publishes or causes to be published any evidence to the Government or violation of Section 103 of the Act (Theft of
prospectus or other information publishes or causes to be published Minerals). The following documents should
containing any false statement relating any prospectus or other information be attached to the complaint:
to mines, mining operations or mineral containing any false statement relating
agreements, financial or technical to mines, mining operations or a. Sworn statement of the
assistance agreements and permits mineral agreements, financial or apprehending/ arresting officer
technical assistance agreements and (MGB Form No. 12-2);
permits shall, upon conviction, be
penalized by a fine of not exceeding b. Affidavits of witnesses, if any (MGB
Ten thousand pesos (P10,000.00). Form No. 12-3);
Undertaking exploration work without the Illegal Exploration Any person undertaking exploration
necessary exploration permit work without the necessary c. Copy of the seizure receipt;
exploration permit shall, upon
conviction, be penalized by a fine of d. Photographs showing the
not exceeding Fifty thousand pesos minerals/mineral products seized
(P50,000.00). including the tools, equipment and
conveyance used in the commission
of the offense; and
Extracting minerals and disposing the Theft of Minerals Any person extracting minerals and e. Other supporting papers/evidences
same without a mining agreement, lease, disposing the same without a mining as the court may require.
permit, license, or steals minerals or ores agreement, lease, permit, license, or
or the products thereof from mines or steals minerals or ores or the products
mills or processing plants thereof from mines or mills or
processing plants shall, upon
conviction, be imprisoned from six (6)
months to six (6) years or pay a fine
from Ten thousand pesos
(P10,000.00) to Twenty thousand
pesos (P20,000.00) or both, at the
discretion of the appropriate court. In
addition, he shall be liable to pay
damages and compensation for the
minerals removed, extracted, and
disposed of. In the case of
associations, partnerships, or
corporations, the president and each
of the directors thereof shall be
responsible for the acts committed by
such association, corporation, or
partnership.
Willfully destroys or damages structures Destruction of Mining Any person who willfully destroys or
in or on the mining area or on the mill Structures damages structures in or on the
sites mining area or on the mill sites shall,
upon conviction, be imprisoned for a
period not to exceed five (5) years and
shall, in addition, pay compensation
for the damages which may have been
caused thereby.
Willfully sets fire to any mineral stockpile, Mines Arson Any person who willfully sets fire to
mine or workings, fittings or a mine any mineral stockpile, mine or
workings, fittings or a mine, shall be
guilty of arson and shall be punished,
upon conviction, by the appropriate
court in accordance with the
provisions of the Revised Penal Code
and shall, in addition, pay
compensation for the damages caused
hereby.
Willfully damages a mine, unlawfully Willful Damage to a Mine Any person who willfully damages a
causes water to run into a mine, or mine, unlawfully causes water to run
obstructs any shaft or passage to a mine, into a mine, or obstructs any shaft or
or renders useless, damages or destroys passage to a mine, or renders useless,
any machine, appliance, apparatus, rope, damages or destroys any machine,
chain, tackle, or any other things used in a appliance, apparatus, rope, chain,
mine tackle, or any other things used in a
mine, shall be punished, upon
conviction, by the appropriate court,
by imprisonment not exceeding a
period of five (5) years and shall, in
addition, pay compensation for the
damages caused thereby.
Preventing or obstructing the holder of Illegal Obstruction to Any person who, without justifiable
any permit, agreement or lease from Permittees or Contractors cause, prevents or obstructs the holder
undertaking his mining operations of any permit, agreement or lease from
undertaking his mining operations
shall be punished, upon conviction by
the appropriate court, by a fine not
exceeding Five thousand pesos
(P5,000.00) or imprisonment not
exceeding one (1) year, or both, at the
discretion of the court.
Willfully violates or grossly neglects to Violation of the Terms and Any person who willfully violates or
abide by the terms and conditions of the Conditions of the grossly neglects to abide by the terms
environmental compliance certificate Environmental Compliance and conditions of the environmental
issued to said person and which causes Certificate compliance certificate issued to said
environmental damage through pollution person and which causes
environmental damage through
pollution shall suffer the penalty of
imprisonment of six (6) months to six
(6) years or a fine of Fifty thousand
pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00), or
both, at the discretion of the court.
Illegally prevents or obstructs the Illegal Obstruction to Any person who illegally prevents or
Secretary, the Director or any of their Government Officials obstructs the Secretary, the Director or
representatives in the performance of any of their representatives in the
their duties under the provisions of this performance of their duties under the
Act and of the regulations promulgated provisions of this Act and of the
hereunder regulations promulgated hereunder
shall be punished upon conviction, by
the appropriate court, by a fine not
exceeding Five thousand pesos
(P5,000.00) or by imprisonment not
exceeding one (1) year, or both, at the
discretion of the court.

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