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Sections

  • Overview of the System of Government
  • Hierarchy of Legislation
  • Environmental Authorities
  • Preamble
  • National Territory
  • Declaration of Principles and State Policies
  • Right to Health is Paramount Over Presumed Economic Benefits
  • Bill of Rights
  • Firepower in the Legal Arsenal
  • Right of Access to Information
  • The Right to Information is Not Discretionary
  • National Economy and Patrimony
  • Lands of Public Domain and Classification
  • Local Autonomy
  • Pollution is a Technical Issue
  • Cease and Desist Order May Be Issued Without Extensive Hearing
  • Unjust Enrichment and the Internalization of Environmental Costs
  • Jurisdiction Over Pollution Case
  • Ripe for Judicial Clarification
  • Philippine Environment Partnership Program (DAO 2003-14)
  • Toxic Substances and Hazardous Wastes (Republic Act 6969)
  • Relevance of the Civil Code
  • Human Relations
  • Actionable Acts Contrary to Good Customs
  • Nuisance
  • Definition of a Nuisance
  • Public and Private Nuisance
  • Procedure for Abatement of Nuisance
  • Excessive Dust is a Nuisance
  • NOISE POLLUTION
  • Damages
  • Kinds of Damages
  • Actual or Compensatory Damages
  • Other Kinds of Damages
  • Moral Damages is Awarded on a Case-to-Case Basis
  • Only a Wrongful Act May be Awarded Moral Damages
  • Special Damages
  • Quasi-Delict
  • The Evidence Speaks for Itself
  • Legal Easements
  • Flowing Waters
  • Right of Way
  • Light and View
  • Drainage and Falling Waters
  • Plantings and Constructions
  • Timber License is Not a Right
  • The Right of the Future Generations
  • Illegal Possession of Lumber
  • Replevin in Motor Vehicles Impounded by the DENR
  • Conservation and Protection of Wildlife Resources
  • List of Endangered Species (DAO 2004-15)
  • CITES-LISTED SPECIES (APPENDIX I)
  • CITES-LISTED SPECIES (APPENDIX II)
  • Agriculture and Fisheries Modernization (Republic Act 8435)
  • Native Title to Land should be recognized by the Government
  • Forest Land is Not Disposable
  • Cases on Land Reform
  • Allocation/Tenure Instruments in Production Forest Lands
  • Agreements and Permits Involving Forest Resources in Private Lands
  • Mining Agreements May be Changed
  • Mini-Hydroelectric Power Developers (Republic Act 7196)
  • BIOFUELS ACT (RA 9367)
  • The Stillborn Nuclear Power Plant
  • Legality of the Deregulation Policy
  • Electric Power Industry Reform Act of 2001 (EPIRA Law)
  • INNOVATIONS OF THE CLEAN AIR ACT
  • Innovations of the Clean Air Act
  • Incineration Ban?
  • Noise Standards4
  • Dolphins (FAO No. 185, 192)
  • Whale Sharks and Manta Rays (FAO No. 193, 1998)
  • Accretion by the Action of Waves
  • Accretion Land Belongs to the Littoral Owner
  • JURISDICTION OVER ILLEGAL FISHING
  • Arrest Without Warrant
  • LEGAL PRESSURE POINTS
  • Warrantless Search of a Fishing Vessel
  • Evidence of Blast-Fishing
  • Non-Interference by Another Court
  • Fishery Privileges
  • The Spanish Law on Waters of 1866
  • The Ecosystem Approach in Lake Management
  • RELEVANT SECTIONS OF THE POLLUTION CONTROL LAW
  • Effluent Regulations (Administrative Order No. 35, 1990)
  • Metropolitan Waterworks and Sewerage System (Republic Act 6234)
  • The Ecological Solid Waste Management Act Compliance Matrix
  • ENVIRONMENT CODE PROVISIONS ON LAND USE
  • Delegated Powers to the Local Government Units
  • National Commission for Culture and the Arts (Republic Act 7356)
  • Declaring Certain Areas and Sites as National Sites and Shrines
  • Cultural Heritage & National Patrimony
  • Historical Landmark Historical Landmark Belongs to the Owner, Not the Lessee
  • The Meaning of Cultural Properties
  • Public Character of Historical Landmark
  • Indigenous People’s Rights Law (IPRA)
  • CONSTITUTIONALITY OF THE IPRA LAW
  • Environment-Related Provisions of the Local Government Code
  • Legal Issues
  • Shares of Local Government Units in the Proceeds of National Taxes
  • Role of Local Governments in Environmental Protection (DAO No. 30-92)
  • Abatement of Public Nuisance by LGU
  • Police Powers of the Metro Manila Commission
  • The Present MMDA is Without Police Powers
  • Need for a Strong Metropolitan Government
  • Medium Term Development Plan of the Philippines (2004-2010)
  • ENVIRONMENTAL INVESTMENT INCENTIVES
  • Implementing Rules of the BOT Law5
  • Environmental User Fee System in the Laguna Lake Region
  • Constitutional Provisions on International Law
  • International Environmental Principles1
  • UN General Assembly Resolution 1803
  • UN General Assembly Resolution on a World Charter on Nature
  • United Nations Conference on Environment and Development
  • Convention on the Protection of the Ozone Layer
  • Protocol on Substances that Deplete the Ozone Layer
  • UN Framework Convention on Climate Change
  • Kyoto Protocol to Climate Change Convention
  • Stockholm Convention on Persistent Organic Pollutants (POPs)
  • United Nations Convention on the Law of the Sea
  • Convention for the Protection of the World Cultural and Natural Heritage
  • Convention on the Conservation of Migratory Species of Wild Animals
  • Convention on Biological Diversity
  • Web Reference: http://untreaty.un.org/English/TreatyEvent2002/Basel_Conv_16.htm
  • Web Reference: http://www.iaea.or.at/http://www.globelaw.com/Nukes/iaeacod.htm
  • Convention on Civil Liability for Nuclear Damage
  • FAO Code of Conduct on the Distribution and Use of Pesticides
  • The Agreement Establishing the World Trade Organization
  • http://www.worldbank.org/html/oprmanual/ods/400a.html
  • Traditional and Alternative Medicine (Republic Act 8423)
  • Inquest Procedures (DOJ Circular No. 61, 1993)
  • Criminal Liability of the Head of Office
  • Guilt Not Based on Presumption
  • Proof of Actual Damage
  • Code of Conduct and Ethical Standards for Public Officials (Republic Act 6713)
  • Letter-Complaint
  • Complaint-Affidavit
  • Notice to Sue for Violation of Solid Waste Management Act
  • Affidavit-Complaint for Violation of Solid Waste Management Law
  • APPLICATION FOR SEARCH WARRANT
  • Searching Questions
  • Search Warrant
  • SEARCH WARRANT
  • Depositions Pending Actions
  • Depositions Pending Appeal
  • Interrogatories to Parties
  • Admission by Adverse Party
  • Production or Inspection of Things
  • Physical and Mental Examination of Persons
  • Refusal to Comply with Modes of Discovery
  • Libel
  • Privileged Communication
  • Truth as Defense
  • Procedural Requirements for the Issuance of Administrative Regulations

(Republic Act 9147)

Chapter I

General Provisions

SECTION 1. Title.—This Act shall be known as the “Wildlife Resources Conser-
vation and Protection Act.”

SEC. 2. Declaration of Policy.—It shall be the policy of the State to conserve the
country’s wildlife resources and their habitats for sustainability. In the pursuit of this
policy, this Act shall have the fol-
lowing objectives:

a. to conserve and protect
wildlife species and their habitats to
promote ecological balance and en-
hance biological diversity;

b. to regulate the collection
and trade of wildlife;

c. to pursue, with due regard
to the national interest, the Philip-
pine commitment to international
conventions, protection of wildlife
and their habitats; and

d. to initiate or support scien-
tific studies on the conservation of
biological diversity.

SEC. 3. Scope of Applica-
tion.
—The provisions of this Act
shall be enforceable for all wildlife
species found in all areas of the country, including protected areas under Republic Act
No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.

SEC. 4. Jurisdiction of the Department of Environment and Natural Resources
and the Department of Agriculture.
—The Department of Environment and Natural
Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species,
all turtles and tortoises and wetland species, including but not limited to crocodiles,

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

199

waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall
have jurisdiction over all declared aquatic critical habitats, all aquatic resources, in-
cluding but not limited to all fishes, aquatic plants, invertebrates and all marine mam-
mals, except dugong. The secretaries of the DENR and the DA shall review, and, by
joint administrative order, revise and regularly update the list of species under the
respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is
vested to the Palawan Council for Sustainable Development pursuant to Republic Act
No. 7611.

Chapter II

Definition of Terms

SEC. 5. Definition of Terms.—As used in this Act, the term;

a) “Bioprospecting” means the research, collection and utilization of biological
and genetic resources for purposes of applying the knowledge derived therefrom solely
for commercial purposes;

b) “By-product or derivatives” means any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
specimens;

c) “Captive-breeding/ culture or propagation” means the process of producing in-
dividuals under controlled conditions or with human interventions;

d) “Collection or collecting” means the act of gathering or harvesting wildlife, its

by-products or derivatives;

e) “Conservation” means preservation and sustainable utilization of wildlife,
and/or maintenance, restoration and enhancement of the habitat;

f) “Critically endangered species” refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;

g) “Economically important species” means species which have actual or potential
value in trade or utilization for commercial purposes;

h) “Endangered species” refers to species or subspecies that is not critically en-
dangered but whose survival in the wild is unlikely if the causal factors continue oper-
ating;

i) “Endemic species” means species or subspecies which is naturally occurring
and found only within specific areas in the country;

j) “Exotic species” means species or subspecies which do not naturally occur in the

country;

k) “Export permit” refers to a permit authorizing an individual to bring out wild-
life from the Philippines to any other country;

LAND

200

l) “Gratuitous permit” means permit issued to any individual or entity engaged in
noncommercial scientific or educational undertaking to collect wildlife;

m) “Habitat” means a place or environment where a species or subspecies natu-
rally occur or has naturally established its population;

n) “Import permit” refers to a permit authorizing an individual to bring in wild-

life from another country;

o) “Indigenous wildlife” means species or subspecies of wildlife naturally occur-
ring or has naturally established population in the country;

p) “Introduction” means bringing species into the wild that is outside its natural

habitat;

q) “Reexport permit” refers to a permit authorizing an individual to bring out of
the country a previously imported wildlife;

r) “Secretary” means either or both the Secretary of the Department of Environ-
ment and Natural Resources and the Secretary of the Department of Agriculture;

s) “Threatened species” a general term to denote species or subspecies considered
as critically endangered, vulnerable or other accepted categories of wildlife whose popu-
lation is at risk of extinction;

t) “Trade” means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by-products, locally or internationally;

u) “Traditional use” means utilization of wildlife by indigenous people in accor-
dance with written or unwritten rules, usage, customs and practices traditionally ob-
served, accepted and recognized by them;

v) “Transport permit” means a permit issued authorizing an individual to bring
wildlife from one place to another within the territorial jurisdiction of the Philippines;

w) “Vulnerable species” refers to species or subspecies that is not critically en-
dangered nor endangered but is under threat from adverse factors throughout their
range and is likely to move to the endangered category in the near future;

x) “Wildlife” means wild forms and varieties of flora and fauna, in all develop-
mental stages, including those which are in captivity or are being bred or propagated;

y) “Wildlife collector’s permit” means a permit to take or collect from the wild cer-
tain species and quantities of wildlife for commercial purpose; and

z) “Wildlife farm/ culture permit” means a permit to develop, operate and main-
tain a wildlife breeding farm for conservation, trade and/or scientific purposes;

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

201

Chapter III

Conservation and Protection of Wildlife Resources

SEC. 6. Wildlife Information.—All activities, as subsequently manifested under
this Chapter, shall be authorized by the Secretary upon proper evaluation of best avail-
able information or scientific data showing that the activity is, or for a purpose, not
detrimental to the survival of the species or subspecies involved and/or their habitat.
For this purpose, the Secretary shall regularly update wildlife information through
research.

SEC. 7. Collection of Wildlife.—Collection of wildlife may be allowed in accor-
dance with Section 6 of this Act: Provided, That in the collection of wildlife, appropri-
ated and acceptable wildlife collection techniques with least or no detrimental effects to
the existing wildlife populations and their habitats shall, likewise, be required: Pro-
vided, further, That collection of wildlife by indigenous people may be allowed for tradi-
tional use and not primarily for trade: Provided, furthermore, That collection and utili-
zation for said purpose shall not cover threatened species: Provided, finally, that Sec-
tion 23 of this Act shall govern the collection of threatened species.

SEC. 8. Possession of Wildlife.—No person or entity shall be allowed possession
of wildlife unless such person or entity can prove financial, technical capability and
facility to maintain said wildlife: Provided, That the source was not obtained in viola-
tion of this Act.

SEC. 9. Collection and/ or Possession of By-Products and Derivatives.—Local
transport of wildlife, by-products and derivatives may be collected and or possessed:
Provided, That the source was not obtained in violation of this Act.

SEC. 10. Local Transport of Wildlife, By-Products and Derivatives.—Local
transport of wildlife, by-products and derivatives collected or possessed through any
other means shall be authorized unless the same is prejudicial to the wildlife and public
health.

SEC. 11. Exportation and/ or Importation of Wildlife.—Wildlife species may be
exported to or imported from another country as may be authorized by the Secretary or
the designated representative, subject to strict compliance with the provisions of this
Act and rules and regulations promulgated pursuant thereto: Provided, That the recipi-
ent of the wildlife is technically and financially capable to maintain it.

SEC. 12. Introduction, Reintroduction or Restocking of Endemic and Indigenous
Wildlife.
—The introduction, reintroduction or restocking of endemic and indigenous
wildlife shall be allowed only for population enhancement or recovery purposes subject
to prior clearance from the Secretary or the authorized representative pursuant to Sec-
tion 6 of this Act.

LAND

202

Any proposed introduction shall be subject to a scientific study which shall focus
on the bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.

SEC. 13. Introduction of Exotic
Wildlife.
—No exotic species shall be
introduced into the country, unless a
clearance from the Secretary or the
authorized representative is first obtain-
ed. In no case shall exotic species be
introduced into protected areas covered
by Republic Act No. 7586 and to critical
habitats under Section 25 thereof.
In cases where introduction is
allowed, it shall be subject to environ-
mental impact study which shall focus
on the bioecology, socioeconomic and
related aspects of the area where the
species will be introduced. The propo-
nent shall also be required to secure the
prior informed consent from the local
stakeholders.

SEC. 14. Bioprospecting
Bioprospecting shall be allowed upon
execution of an undertaking by any
proponent, stipulating therein its
compliance with and commitment(s) to
reasonable terms and conditions that
may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with concerned
agencies, before granting the necessary permit, shall require that prior informed con-
sent be obtained by the applicant from the concerned indigenous cultural communities,
local communities, management board under Republic Act No. 7586 or private individ-
ual or entity. The applicant shall disclose fully the intent and scope of the bioprospect-
ing activity in a language and process understandable to the community. The prior
informed consent from the indigenous peoples shall be obtained in accordance with
existing laws. The action on the bioprospecting proposal by concerned bodies shall be
made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the re-
search proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be ac-
tively involved in the research, collection and, whenever applicable and appropriate, in

“The real threat to whales is whaling, which has
endangered many whale species.”
Dave Barry

(Digital Vision)

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

203

the technological development of the products derived from the biological and genetic
resources.

SEC. 15. Scientific Researches on Wildlife.—Collection and utilization of biologi-
cal resources for scientific research and not for commercial purposes shall be allowed
upon execution of an undertaking/agreement with and issuance of a gratuitous permit
by the Secretary or the authorized representative: Provided, That prior clearance from
concerned bodies shall be secured before the issuance of the gratuitous permit: Pro-
vided, further, That the last paragraph of Section 14 shall likewise apply.

SEC. 16. Biosafety.—All
activities dealing on genetic en-
gineering and pathogenic organ-
isms in the Philippines, as well as
activities requiring the importa-
tion, introduction, field release
and breeding of organisms that are
potentially harmful to man and
the environment shall be reviewed
in accordance with the biosafety
guidelines ensuring public welfare
and the protection and conser-
vation of wildlife and their habi-
tats.

SEC. 17. Commercial
Breeding or Propagation of Wildlife Resources.
—Breeding or propagation of wildlife for
commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided,
That only progenies of wildlife raised, as well as unproductive parent stock shall be
utilized for trade: Provided, further, That commercial breeding operations for wildlife,
whenever appropriate, shall be subject to an environmental impact study.

SEC. 18. Economically Important Species—The Secretary, within one (1) year
after the effectivity of this Act, shall establish a list of economically-important species.
A population assessment of such species shall be conducted within a reasonable period
and shall be regularly reviewed and updated by the Secretary.

The collection of certain species shall only be allowed when the results of the as-
sessment show that, despite certain extent of collection, the population of such species
can still remain viable and capable of recovering its numbers. For this purpose, the
Secretary shall establish a schedule and volume of allowable harvests.

Whenever an economically important species become threatened, any form of col-
lection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.

Calauit Island: A. Oposa

LAND

204

SEC. 19. Designation of Management and Scientific Authorities for International
Trade in Endangered Species of Wild Fauna and Flora.
—For the implementation of the
international agreement on international trade in endangered species of wild fauna and
flora, the management authorities for terrestrial and aquatic resources shall be the
Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries
and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of
Palawan the implementation hereof is vested to the Palawan Council for Sustainable
Development pursuant to Republic Act No. 7611.

To provide advice to the management authorities, there shall be designated scien-
tific authorities for terrestrial and aquatic/marine species. For the terrestrial species, the
scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB)
of the DENR, the U.P. Institute of
Biological Sciences and the
National Museum and other
agencies as may be designated by
the Secretary. For the marine and
aquatic species, the scientific
authorities shall be the FBAR, the
U.P. Marine Science Institute, U.P.
Visayas, Silliman Universtiy and
the National Museum and other
agencies as may be designated by
the Secretary: Provided, That in
the case of terrestrial species, the
ERDB shall chair the scientific
authorities, and in the case of
marine and aquatic species, the
U.P. Marine Science Institute shall
chair the scientific authorities.

SEC. 20. Authority of the
Secretary to Issue Permits.
—The
Secretary or the duly authorized
representative, in order to effec-
tively implement this Act, shall
issue permits/certifications/clearan-
ces with corresponding period of
validity, whenever appropriate,
which shall include but not limited
to the following:

1. Wildlife farm or culture permit 3 to 5 years;

2. Wildlife collector’s permit 1 to 3 years;

“Twinkle, twinkle little bat; How I wonder what you’re at!
Up above the world you fly, Like a tea-tray in the sky”

Lewis Carroll

(G. Tapan)

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

205

3. Gratuitous permit 1 year;
4. Local transport permit 1 to 3 months; and
5. Export/Import/Re-export permit 1 to 6 months.

These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups.

SEC. 21. Fees and Charges.—Reasonable fees and charges as may be determined
upon consultation with the concerned groups, and in the amount fixed by the Secretary
shall be imposed for the issuance of permits enumerated in the preceding section.

For the export of wildlife species, and export permit fee of not greater than three
per centum (3%) of the export value, excluding transport costs, shall charged: Provided,
however, That in the determination of aforesaid fee, the production costs shall be given
due consideration. Cutflowers, leaves and the like, produced from farms shall be ex-
empted from the said export fee: Provided, further, That fees and charges shall be re-
viewed by the Secretary every two (2) years or as the need arises and revise the same
accordingly, subject to consultation with concerned sectors.

ARTICLE TWO

Protection of Threatened Species

SEC. 22. Determination of Threatened Species.—The Secretary shall determine
whether any wildlife species or subspecies is threatened, and classify the same as criti-
cally endangered, endangered, vulnerable or other accepted categories based on the best
scientific data and with due regard to internationally accepted criteria, including but
not limited to the following:

a) present or threatened destruction, modification or curtailment of its habitat or

range;

b) over-utilization for commercial, recreational, scientific or educational purposes;
c) inadequacy of existing regulatory mechanisms; and
d) other natural or man-made factors affecting the existence of wildlife.

The Secretary shall review, revise and publish the list of categorized threatened
wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be up-
dated regularly or as the need arises: Provided, That a species listed as threatened shall
not be removed therefrom within three (3) years following its initial listing.

Upon filing of a petition based on substantial scientific information of any person
seeking for the addition or deletion of a species from the list, the Secretary shall evalu-
ate in accordance with the relevant factors stated in the first paragraph of this section,
the status of the species concerned and act on said petition within a reasonable period.

The Secretary shall also prepare and publish a list of wildlife which resembles so
closely in appearance with listed threatened wildlife, which species shall likewise be
categorized as threatened.

LAND

206

SEC. 23. Collection of Threatened Wildlife, By-Products and Derivatives.—The
collection of threatened wildlife, as determined and listed pursuant to this Act, includ-
ing its by-products and derivatives, shall be allowed only for scientific, or breeding or
propagation purposes in accordance with Section 6 of this Act: Provided, That only the
accredited individuals, business, research, educational or scientific entities shall be
allowed to collect for conservation breeding or propagation purposes.

SEC. 24. Conservation Breeding or Propagation of Threatened Species.
Conservation breeding or propagation of threatened species shall be encouraged in
order to enhance its population in its natural habitat. It shall be done simultaneously
with the rehabilitation and/or protection of the habitat where the captive-bred or
propagated species shall be released, reintroduced or restocked.

Commercial breeding or propagation of threatened species may be allowed pro-
vided that the following minimum requirements are met by the applicant, to wit:

e) Proven effective breeding and captive management techniques of the species;

and

f) Commitment to undertake commercial breeding in accordance with Section 17
of this Act, simultaneous with conservation breeding.

The Secretary shall prepare a list of threatened species for commercial breeding
and shall regularly revise or update such list or as the need arises.

SEC. 25. Establishment of Critical Habitats.—Within two (2) years following the
effectivity of this Act, the Secretary shall designate critical habitats outside protected
areas under Republic Act No. 7586, where threatened species are found. Such designa-
tion shall be made on the basis of the best scientific data, taking into consideration
species’ endemicity and/or richness, presence of manmade pressures/threats to the sur-
vival of wildlife living in the area, among others.

All designated critical habitats shall be protected, in coordination with the local
government units and other concerned groups, from any form of exploitation or destruc-
tion which may be detrimental to the survival of the threatened species dependent
therein. For such purpose, the Secretary may acquire, by purchase, donation or expro-
priation, lands, or interests therein, including the acquisition of usufruct, establishment
of easements or other undertakings appropriate in protecting the critical habitat.

ARTICLE THREE

Registration of Threatened and Exotic Species

SEC. 26. Registration of Threatened and Exotic Wildlife in the Possession of Pri-
vate Persons.
—No person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain
said wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set
a period, within which person/entities shall register all threatened species collected and

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

207

exotic species imported prior to the effectivity of this Act. However, when the threat-
ened species is needed for breeding/propagation or research purposes, the State may
acquire the wildlife through a mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate
of registration shall be confiscated in favor of the government, subject to the penalties
herein provided.

All Philippine wildlife which are not listed as threatened prior to the effectivity of
this Act but which may later become so, shall likewise be registered during the period
set after the publication of the updated list of threatened species.

Chapter IV

Illegal Acts

SEC. 27. Illegal Acts.—Unless otherwise allowed in accordance with this Act, it
shall be unlawful for any person to
willfully and knowingly exploit wild-
life resources and their habitats, or
undertake the following acts:

a. killing and destroying wild-
life species, except in the following
instances;

(i) when it is done as part
of the religious rituals of
established tribal groups or indi-
genous cultural communities

(ii) when the wildlife is
afflicted with an incurable com-
municable disease;
(iii) when it is deemed
necessary to put an end to the
misery suffered by the wildlife;
(iv) when it is done to
prevent an imminent danger to
the life or limb of a human
being; and

(v) when the wildlife is
killed or destroyed after it has
been used in authorized re-
search or experiment;

b. inflicting injury which cripples and/or impairs the reproductive system of wild-

life species;

To protect what is wild is to protect what is gentle. Per-
haps the wildernes we fear is the pause within our own
heartbeats, the silent space that says we live only by
grace. Wilderness lives by this same grace
.—Terry Tem-
pest Williams

(A. Oposa)

LAND

208

c. effecting any of the following acts in critical habitat(s):

(i) dumping of waste products detrimental to wildlife;

(ii) squatting or otherwise occupying any portion of the critical habitat;

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

(vi) quarrying;

d. introduction, reintroduction or restocking of wildlife resources;

e. trading of wildlife;

f. collecting, hunting or possessing wildlife, their by-products and derivatives;

g. gathering or destroying of active nests, nest trees, host plants and the like;

h. maltreating and/or inflicting other injuries not covered by the preceding para-

graph; and

i. transporting of wildlife.

Chapter V

Fines and Penalties

SEC. 28. Penalties for Violations of this Act.—For any person who undertakes il-
legal acts under paragraph (a) of the immediately preceding section to any species as
may be categorized pursuant to this Act, the following penalties and/or fines shall be
imposed:

a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12)
years and/or fine of One hundred thousand pesos (P 100,000.00) to One million pesos (P
1,000,000.00), if inflicted or undertaken against species listed as critical;

b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of
Fifty thousand pesos (P 50,000.00) to Five hundred thousand pesos (P 500,000.00), if
inflicted or undertaken against endangered species;

c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty thousand pesos (P 30,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against vulnerable species;

d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Twenty thousand pesos (P 20,000.00) to Two hundred thousand pesos (P 200,000.00), if
inflicted or undertaken against other threatened species; and

e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of
Ten thousand pesos (P 10,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against other wildlife species;

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

209

For illegal acts under paragraph (b) of the immediately preceding section, the fol-
lowing penalties and/or fines shall be imposed:

a) imprisonment of a minimum of four (4) years and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos (P 50,000.00) to Five hundred thousand pesos (P
500,000.00), if inflicted or undertaken against species listed as critical:

b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty thousand pesos (P 30,000.00) to Two hundred thousand pesos (P 200,000.00), if
inflicted or undertaken against endangered species;

c) imprisonment of one (1)
year and one (1) day to two (2) years
and/or a fine of Twenty thousand
pesos (P 20,000.00) to Two hundred
thousand pesos (P 200,000.00), if
inflicted or undertaken against
vulnerable species;

d) imprisonment of six (6)
months and one (1) day to one (1)
year and/or a fine of Ten thousand
pesos (P 10,000.00) to Fifty thousand
pesos (P 50,000.00), if inflicted or
undertaken against other threatened
species; and

e) imprisonment of one (1)
month to six (6) months and/or a fine
of Five thousand pesos (P 5,000.00)
to

Twenty

thousand

pesos
(P20,000.00), if inflicted or under-
taken against other wildlife species;

For illegal acts under para-
graph (c) and (d) of the immediately

preceding section, an imprisonment
of one (1) month to eight (8) years
and/or a fine of Five thousand pesos
(P 5,000.00) to Five million pesos (P
5,000,000.00) shall be imposed.

For illegal acts under paragraphs (e), the following penalties and/or fines shall be

imposed:

a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Five thousand pesos (P 5,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against species listed as critical;

A true conservationist is a man who knows that
the world is not given by his fathers but borrowed
from his children
.—Audobon

(A. Oposa, Trees)

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210

b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Two thousand pesos (P 2,000.00) to Two hundred thousand pesos (P 200,000.00), if
inflicted or undertaken against endangered species;

c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of
One thousand pesos (P 1,000.00) to One hundred thousand pesos (P 100,000.00), if in-
flicted or undertaken against vulnerable species;

d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine
of Five hundred pesos (P 500.00) to Fifty thousand pesos (P 50,000.00), if inflicted or
undertaken against species listed as other threatened species; and

e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred
pesos (P 200.00) to Twenty thousand pesos (P 20,000.00), if inflicted or undertaken
against other wildlife species;

For illegal acts under paragraph (f) and (g) of the immediately preceding section,
the following penalties and/or fines shall be imposed:

a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of
Thirty thousand pesos (P 30,000.00) to Three hundred thousand pesos (P 300,000.00), if
inflicted or undertaken against species listed as critical species;

b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of
Twenty thousand pesos (P 20,000.00) to Two hundred thousand pesos (P 200,000.00), if
inflicted or undertaken against endangered species;

c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of
Ten thousand pesos (P 10,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against vulnerable species;

d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of
Five thousand pesos (P 5,000.00) to Fifty thousand pesos (P 50,000.00), if inflicted or
undertaken against species listed as other threatened species; and

e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pe-
sos (P 1,000.00) to Five thousand pesos (P 5,000.00), if inflicted or undertaken against
other wildlife species: Provided, that in case of paragraph (f), where the acts were per-
petuated through the means of inappropriate techniques and devices, the maximum
penalty herein provided shall be imposed.

For illegal acts under paragraphs (h) and (i) of the immediately preceding section,
the following penalties and/or fines shall be imposed:

a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of
Fifty thousand pesos (P 50,000.00) to One hundred thousand pesos (P 100,000.00), if
inflicted or undertaken against species listed as critical species;

b) imprisonment of three (3) months and one (1) day to six (6) months and a fine
of Twenty thousand pesos (P 20,000.00) to Fifty thousand pesos (P 50,000.00), if in-
flicted or undertaken against endangered species;

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

211

c) imprisonment of one (1) month and one (1) day to three (3) months and a fine
of Five thousand pesos (P 5,000.00) to Twenty thousand pesos (P 20,000.00), if inflicted
or undertaken against vulnerable species;
d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pe-
sos (P 1,000.00) to Five thousand pesos (P 5,000.00), if inflicted or undertaken against
species listed as other threatened species;
e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos
(P 200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other
wildlife species.

All wildlife, its derivatives or by-products, and all paraphernalia, tools and con-
veyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the government: Provided, That where the ownership of the aforesaid convey-
ances belongs to a third person who has no participation in or knowledge of the illegal
acts, the same may be released to said owner. The apprehending agency shall immedi-
ately cause the transfer of all wildlife that have been seized or recovered to the nearest
Wildlife Rescue Center of the Department in the area.
If the offender is an alien, he shall be deported after service of sentence and pay-
ment of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of
such times.

Chapter VI

Miscellaneous Provisions

SEC. 29. Wildlife Management Fund.—There is hereby established a Wildlife
Management Fund to be administered by the Department as a special account in the
National Treasury. It shall finance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of relevant agencies.
The fund shall derive from fines imposed and damages awarded, fees, charges, do-
nations, endowments, administrative fees or grants in the form of contributions. Con-
tributions to the Fund shall be exempted from donor taxes and all other taxes, charges
or fees imposed by the government.
SEC. 30. Deputation of Wildlife Enforcement Officers.—The Secretary shall
deputize wildlife enforcement officers from non-government organizations, citizens
groups, community organizations and other volunteers who have undergone the neces-
sary training for this purpose. The Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP), the National Bureau of Investigation (NBI), and other law
enforcement agencies shall designate wildlife enforcement officers. As such, the wildlife
enforcement officers shall have the full authority to seize illegally traded wildlife and to
arrest violators of this Act subject to existing laws, rules and regulations on arrest and
detention.

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212

SEC. 31. Establishment of National Wildlife Research Centers.—The Secretary
shall establish national wildlife research centers for terrestrial and aquatic species to
lead in the conduct of scientific researchers on the proper strategies for the conservation
and protection of wildlife, including captive breeding or propagation. In this regard, the
Secretary shall encourage the participation of experts from academic/research institu-
tions and wildlife industry.

SEC. 32. Wildlife Rescue Center.—The Secretary shall establish designate wild-
life rescue centers to take temporary custody and care of all confiscated, abandoned
and/or donated wildlife to ensure their welfare and well-being. The Secretary shall
formulate guidelines for the disposition of wildlife from the rescue centers.

SEC. 33. Creation of Wildlife Traffic Monitoring Units.—The Secretary shall
create wildlife traffic monitoring units in strategic air and seaports all over the country
to ensure the strict compliance and effective implementation of all existing wildlife
laws, rules and regulations, including pertinent international agreements.

Customs officers and/or other authorized government representatives assigned at
air or seaports who may have intercepted wildlife commodities in the discharge of their
official functions shall, prior to further disposition thereof, secure a clearance from the
wildlife traffic monitoring unit assigned in the area.

SEC. 34. Exemption from Taxes.—Any donation, contribution, bequest, subsidy
of financial aid which may be made to the Department of Environment and Natural
Resources or to the Department of Agriculture and to NGOs engaged in wildlife conser-
vation duly registered with the Securities and Exchange Commission as certified by the
local government unit, the Department of Environment and Natural Resources or the
Department of Agriculture, for the conservation and protection of wildlife resources and
their habitats shall constitute as an allowable deduction from the taxable income of the
donor and shall be exempt from donor’s tax.

SEC. 35. Flagship Species.—Local government units shall initiate conservation
measures for endemic species in their areas. For this purpose, they may adopt flagship
species such as the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus min-
dorensis), Philippine tarsier (Tarsius syrichta), Philippine teak (Tectona philippinensis),
which shall serve as emblems of conservation for the local government concerned.

SEC. 36. Botanical Gardens, Zoological Parks and Other Similar Establish-
ments.
—The Secretary shall regulate the establishment, operation and maintenance of
botanical gardens, zoological parks and other similar establishments for recreation,
education and conservation.

SEC. 37. Implementing Rules and Regulations.—Within twelve (12) months fol-
lowing the effectivity of this Act, the secretaries of the Department of Environment and
Natural Resources, and the Department of Agriculture, in coordination with the Com-
mittees on Environment and Ecology of the Senate and the House of Representative,
respectively, shall promulgate respective rules and regulations for the effective imple-
mentation of this Act.

CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

213

Whenever appropriate, coordination in the preparation and implementation of
rules and regulations on joint and inseparable issues shall be done by both Depart-
ments. The commitments of the State to international agreements and protocols shall
likewise be a consideration in the implementation of this Act.

SEC. 38. Appropriations.—The amount necessary to initially implement the pro-
visions of this Act shall be charged against the appropriations of the Department of
Environment and Natural Resources in the current General Appropriations Act. There-
after, such sums as may be necessary to fully implement the provisions of this Act shall
be included in the annual General Appropriations Act.

SEC. 39. Separability Clause.—Should any provision of this Act be subsequently
declared as unconstitutional, the same shall not affect the validity or the legality of the
other provisions.

SEC. 40. Repealing Clause.
Act Nos. 2590 and 3983,
Commonwealth Act No. 63, as
amended, Presidential Decree No.
1219, as amended, Republic Act No.
6147, and other laws, orders and
regulations inconsistent herewith
are hereby repealed or amended
accordingly.

SEC. 41. Effectivity.—This Act
shall take effect fifteen (15) days
after publication in the Official
Gazette or two (2) newspapers of
general circulation.

Approved: July 30, 2001.

The (forests) hold answers to more
questions than we yet know how to ask.—Nancy Newhall

(N. Oshima)

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214

Protection of the Philippine Eagle (Republic Act 6147)

SECTION 1. It is hereby declared that the Pithecophaga jefferyi, commonly
known as the monkey-eating eagle, shall be a protected bird in the Philippines.
SEC. 2. To ensure the
proper conservation, preser-
vation, and management of
the monkey-eating eagle, the
killing, hunting, wounding, or
taking away of the same
and/or destroying, disturbing,
or taking away of the nests or
eggs of such a bird, in contra-
vention of the rules and regu-
lations promulgated by the
Secretary of Environment
and Natural Resources,61

is
hereby prohibited and made
subject to the penal provi-
sions in Section 5 hereon.
The Secretary of Envi-
ronment and Natural Resour-
ces shall promulgate rules
and regulations for the imple-
mentation of this Act within
ninety (90) days from and
after the effectivity thereof.
In preparation of said rules
and regulations, the Secre-
tary of Environment and
Natural Resources shall seek
the recommendation of the Director of Parks and Wildlife and the Philippine Wildlife
Conservation Foundation.

SEC. 3. The Director of Parks and Wildlife shall establish sanctuaries as are nec-
essary to preserve this threatened species. For this purpose, the Director of Parks and
Wildlife may seek the assistance of the National Science Development Board including
private associations or foundations, such as the Philippine Wildlife Conservation Founda-
tion, the World Wildlife Fund, and the International Union for the Conservation of Na-
ture and Natural Resources, for such support, financial grant, or technical cooperation

_______________________

61

All reference to the Department or Secretary of Agriculture and Natural Resources should
now read as Department of Secretary of Environment and Natural Resources pursuant to E.O.
No. 192 (1987).

“The Harpy Eagle maybe the largest in terms of bulk or weight, but
the Philippine Eagle is the largest in terms of wingspan and height.”

Dr. Robert Kennedy of the Harvard Museum of Natural
History

(Alejo P. Manaloto, Haribon Foundation)

PROTECTION OF WILD FLOWERS

215

arrangements, as may be necessary or requisite to carry out and effectively implement
the provisions of this Act.

SEC. 4. For the expenses in the establishment and maintenance of the sanctuar-
ies, the conduct of studies on the natural habitat, food requirements, predatory-prey
control measure and other ecological factors most conducive to the conservation and
management of the monkey-eating eagle and other requirements for the implementa-
tion of this Act, there is hereby authorized to be appropriated out of any funds in the
National Treasury not otherwise appropriated, the sum of One Hundred Thousand
Pesos (P100,000.00) for the first year after the approval of this Act and subsequent
appropriations shall be included in the General Appropriations Act.
SEC. 5. Any person violating any provision of this Act shall be punished by a
penalty of prision correccional or by a fine of not less than Six Hundred Pesos (P600.00),
nor more than One Thousand Pesos (P1,000.00), or by both such imprisonment and fine
at the discretion of the Court. In case of any subsequent offense, the court shall impose
both the imprisonment and the fine. In case of insolvency, the corresponding subsidiary
imprisonment shall be suffered.
SEC. 6. All Acts, part of Acts, orders, rules and regulations inconsistent with the
provisions of this Act are hereby repealed.

SEC. 7. This Act shall take
effect upon its approval.

Approved: November 9, 1970.

Protection of Wild Flowers
(Republic Act 3983)62

SECTION 1. Except as provi-
ded in this Act, it shall be unlawful
for any person in the Philippine
Islands to take, collect, kill, mutilate,
or have in his or her possession,
living or dead, or to purchase, offer
or expose for sale, transport, ship, or
export, alive or dead, any protected
flowering plant, fern, orchid, lycopod
or club moss or other wild plants in
the Philippines.

SEC. 2. It shall be the duty of
the Secretary of Environment and
Natural Resources to issue and
promulgate regulations which shall

_______________________

62

The Philippines is a party to the Convention of International Trade and Endan-

gered Species (CITES).

“Weeds are flowers too, once you get to know them.”A.
A. Milne Eeyore from Winnie the Pooh

(A. Oposa, Flowers in Pulo)

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216

specify from time to time the classes or species of the rare and flowering plants, includ-
ing orchids, ferns, lycopods or club mosses (known in some localities as buntot pusa or
palawit
), which shall be protected under this Act; and to issue such other regulations as
may be necessary prescribing the conditions governing the collection, alive or dead,
possession, destruction, killing, transportation, sale or exposure for sale or export, alive
or dead, of any of the Protected Wild Plants in the Philippines.
SEC. 3. The rules so promulgated shall also specify the bureau or office of the
Department of Environment and Natural Resources, to which the duty of carrying out
the purposes of this Act may be delegated by the Department Head; shall fix the fees for
the collection of individual species or group of species of protected wild plants; and may
be made applicable to the whole Philippine Islands or any specified locality or localities
and may be continued in force indefinitely or for a given number of years or for any
specific portion or portions of each successive year.
SEC. 4. The Secretary of Environment and Natural Resources is hereby empow-
ered to issue licenses for the collection, possession, transportation, sale, or export of
such protected wild plants as should be collected only by licensed collectors, upon pay-
ment of the fees to be fixed in accordance with this Act. Such licenses shall specify the
number and kind of plants which may be collected, and the conditions under which they
may be kept or disposed of. The Secretary of Environment and Natural Resources may
issue a special permit for the possession of very rate specimens.
SEC. 5. A permit may be granted by the Secretary of Environment and Natural
Resources free of charge to any person of good repute of legal age, permitting the holder
to collect specimens of protected wild plants for scientific or educational purposes. Such
permits shall be in force for a period of one year only and shall be subject to such condi-
tions as the Secretary of Environment and Natural Resources may deem wise to impose
for the proper carrying out of the purposes of this Act. Upon proof that the holder of
such permit has taken, killed, or destroyed any protected wild plant in whole or in part
for other than a scientific or educational purpose, he shall be subject to the same pen-
alty as if he had no permit.

SEC. 6. No license or permit shall be granted under the provisions of this Act
except to citizens of the Philippine Islands or of the United States, or to associations or
corporations that are duty registered or incorporated under the laws of the Philippine
Islands or of the United States or of any state thereof and authorized to transact busi-
ness in the Philippine Islands and sixty-one percent of whose capital stock or interest in
said capital stock is owned wholly by citizens of the Philippine Islands or of the United
States, or to citizens of countries the laws of which allow similar rights to citizens of the
Philippine Islands.

SEC. 7. The making of any false statement upon the application blank for a col-
lecting license or permit shall subject the offender both to the forfeiture of his license or
permit and to the other penalties hereinafter provided.
SEC. 8. The taking, collection, destruction, or mutilation of orchids, ferns, and
lycopods or club mosses and such other plants as may be designated by the Secretary of

PROTECTION OF WILD FLOWERS

217

Environment and Natural Resources is prohibited within a distance of one hundred
meters from any public highway or trail; Provided, however, That this prohibition shall
not apply to the owner of land on which such plants may be found or the duly author-
ized agent of the owner.
SEC. 9. Members of the Phi-
lippine Constabulary; members of
municipal and municipal district po-
lice, and such foresters, rangers, and
forest guards of the Bureau of Fores-
try; botanists, geologists, and field
chemists of the Bureau of Science;
public lands inspectors, special
attorneys and surveyors of the Bu-
reau of Lands; agronomists and plant
inspectors of the Bureau of Plant
Industry; and other competent per-
sons as may be designated in writing
by the Secretary of Environment and
Natural Resources, are hereby made
deputy wardens of protected wild
plants and are hereby given full aut-
hority and directed to enforce the
provisions of this Act and the regu-
lations promulgated thereunder and
to arrest offenders against the same.
SEC. 10. Any person, associa-
tion, or corporation violating this Act
or any order or regulation deriving
force from its provisions shall be
punished for each offense by a fine of
not less than Ten Pesos (P10.00) nor
more than Two Hundred Pesos
(P200), or by imprisonment, in the
discretion of the court; Provided,
That in the case of an association or corporation, the president or manager shall be di-
rectly responsible for the acts of his employees or laborers if it is proven that the latter
acted with his knowledge; otherwise the responsibility shall extend only as far as fine is
concerned; Provided, further, That all plants gathered or collected in violation of this Act
shall be forfeited to the government.
SEC. 11. This Act shall take effect on its approval.
Approved, December 3, 1932.

“I am the Lorax, I speak for the trees, for the trees
have no tongues.”
Dr. Suess

(G. Tapan)

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218

“The human spirit needs places where nature has not been
rearranged by the hand of man.”
Author Unknown

(Digital Vision)

Prospecting of Biological and Genetic Resources

(Executive Order No. 247)

WHEREAS, Section 16, Article II of the Philippine Constitution, vests in the State
the ultimate responsibility to preserve and protect the environment; and Section 2,
Article XII provides that
wildlife, flora and fauna,
among others, are owned by
the State and the disposi-
tion, development, and utili-
zation thereof are under its
full control and supervision;

WHEREAS, it is in the
interest of the State’s con-
servation efforts to ensure
that the research, collection,
and use of species, genes, and
their products be regulated;
and to identify and recognize
the rights of indigenous cul-
tural communities and other
Philippine communities to
their traditional knowledge
and practices when this infor-
mation is directly and indi-
rectly put to commercial use;

WHEREAS, under Arti-
cle XVI of the Convention on
Biological Diversity of which
the Philippines is a party,
each contracting party is
mandated to take legislative,
administrative, or policy measures, as appropriate, with the aim that contracting parties,
in particular those that are developing countries, which provide genetic resources are
provided access to and transfer of technology which makes use of those resources, on
mutually agreed terms, including technology protected by patents and other intellectual
property rights;

WHEREAS, the Department on Environment and Natural Resources (DENR) is
the primary government agency responsible for the conservation, management, devel-
opment, and sustainable use of the country’s environment and natural resources; the
Department of Science and Technology (DOST), the primary agency mandated to pro-

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

219

mote local capability in science and technology to achieve technological self-reliance in
selected areas vital to national development; the Department of Agriculture (DA), the
agency responsible for the promotion of sustainable agriculture and aquatic resource
development; the Department of Health (DOH), the agency responsible for the formula-
tion, planning, implementation, and coordination of policies and programs in the field of
health, including the research, regulation, and development of drugs and medicine; the
Department of Foreign Affairs (DFA), the agency responsible for promoting interna-
tional relations;

WHEREAS, an inter-agency approach is the most appropriate way of regulating
the research, collection, exploitation, and use of biological and genetic resources;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philip-
pines, by virtue of the powers vested in me by Law and the Constitution, do hereby order:

SECTION 1. Policy of the State.—It shall be the policy of the State to regulate
the prospecting of biological and genetic resources so that these resources are protected
and conserved, are developed and put to the sustainable use and benefit of the national
interest. Further, it shall promote the development of local capability in science and
technology to achieve technological self-reliance in selected areas.

SEC. 2. Consent of Indigenous Cultural Communities

a. Prospecting of biological and genetic resources shall be allowed within the an-
cestral lands and domains of indigenous cultural communities only with the prior in-
formed consent of such communities; obtained in accordance with the customary laws of
the concerned community.

b. Prospecting of biological and genetic resources shall be allowed only with the
prior informed consent of the concerned local communities.

SEC. 3. When Research Agreement Is Necessary—The prospecting of biological
and genetic resources shall be allowed when the person, entity, or corporation, foreign
or domestic, undertaking such activities, on recommendation of the Inter-Agency Com-
mittee on Biological and Genetic Resources, has entered into a Research Agreement
with the Philippine government, represented by the DENR, DOH, DA, or DOST, de-
pending on the nature and character of the prospecting activity. For purposes of this
Executive Order, traditional uses of biological resources by indigenous and local com-
munities shall not require a Research Agreement.

If the research and collection of biological and genetic resources is intended, di-
rectly or indirectly, for commercial purposes, the agreement must be a Commercial
Research Agreement. For purposes of this Executive Order, all Research Agreements
with private persons and corporations, including all agreements with foreign or interna-
tional entities, shall conform with the minimum requirements of a Commercial Re-
search Agreement.

If the prospecting of biological and genetic materials is intended primarily for aca-
demic purposes, the agreement shall be an Academic Research Agreement. Only duly-

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220

recognized Philippine universities and academic institutions, domestic governmental
entities, and intergovernmental entities may apply for an Academic Research Agree-
ment.

Where the Commercial or Academic Collector is merely an agent or merely collect-
ing for another person or entity, the agreement between the Commercial Collector and
the Principal must be reviewed by the Inter-Agency Body to determine the latter
agreement does not undermine the substantive requirements of this Executive Order.

SEC. 4. Application for Academic Research Agreement and Commercial Research
Agreement.
—The applicant shall first submit an application for a Research Agreement to
the Inter-Agency Committee
on Biological and Genetic
Resources through the Pro-
tected Areas and Wildlife
Bureau (PAWB). It must
include a research proposal
stating the purpose, source
of funds, duration, and a list
of biological and genetic
materials and the amount to
be taken. The requisites for
research agreements are in
Appendix B.

For Academic Research
Agreements, the proposal
may be broader and more
general in character as
provided in Section 5 (m).

A copy of the proposal
must be submitted to the
recognized head of the local
or indigenous cultural com-
munity or communities that
may be affected. Action on
the proposal shall be made only after 60 days has lapsed after a copy of the proposal is
received by the persons concerned.

SEC. 5. Minimum Terms of the Commercial Research Agreement and Academic
Research Agreement.
—The Minimum Terms of the Commercial Research Agreement
and Academic Research Agreement are as follows:

a. There must be a limit on samples that the Commercial/Academic Collector
may obtain and export and that the approved list and amount of the samples taken
from the area must be followed strictly;

Flow, flow, flow, the current of life is ever onward.—

Kobodashi

(A. Oposa)

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

221

b. A complete set of all specimens collected shall be deposited by the Commer-
cial/Academic Collector with the National Museum or a duly designated governmental
entity; Provided, That holotypes designated by the author must be maintained at the
National Museum;

c. Access to collected specimens and relevant data shall be allowed to all Filipino
citizens and the Philippine governmental entities whenever these specimens are depos-
ited in depositories abroad;

d. The Commercial/Academic Collector, or in appropriate cases, its Principal,
must inform the Philippine government, as well as the affected local and indigenous
cultural communities all discoveries from the activity conducted in the Philippines, if a
commercial product is derived from such activity;

e. The agreement shall include a provision for the payment of royalties to the na-
tional government, local or indigenous cultural community an individual person or
designated beneficiary in case commercial use is derived from the biological and genetic
resources taken. Where appropriate and applicable, other forms of compensation may
be negotiated:

f. There shall be a provision allowing the Philippine government to unilaterally
terminate the agreement whenever the Commercial/Academic Collector has violated
any of its terms. The Agreement may also be revoked on the basis of public interest and
welfare;

g. A status report of the research and the ecological state of the area and/or species
concerned shall be submitted to the Inter-Agency Committee regularly as agreed upon;

h. If the Commercial Collector or its Principal is a foreign person or entity, it
must be stipulated that scientists who are citizens of the Philippines must be actively
involved in the research and collection process and, where applicable and appropriate
as determined by the Inter-Agency Committee, This involvement shall be at the cost of
the Commercial Collector;

i. The Commercial Collector and/or its Principal shall be encouraged to avail of
the services of Philippine universities and academic institutions. Where applicable and
appropriate, the Commercial Collector and/or its Principal shall be required to transfer
equipment to a Philippine institution or entity;

j. A fixed fee must be paid to the DENR in accordance with a schedule of fees for-
mulated by the Inter-Agency Committee;

k. The maximum term for a Commercial Research Agreement shall be for three
years and renewable upon review by the Inter-Agency Committee; and

l. In case of endemic species, there must be a statement that the technology must
be made available to a designated Philippine institution and can be used commercially
and locally without paying royalty to a Collector or Principal. Provided, however, That
where appropriate and applicable, other agreements may be negotiated. Provided, fur-
ther
, that the following terms shall be considered in an Academic Research Agreement:

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222

m. The Academic Research Agreement may be comprehensive in scope and cover
as may areas as may be projected. It may stipulate that all scientists and researchers
affiliated with a duly-recognized university, academic institution, governmental and
intergovernmental entity need not apply for a different Research Agreement but may
conduct research and collection activities in accordance with an existing Academic Re-
search Agreement. In such cases, the university, academic institution and governmen-
tal entity shall ensure that all the terms and conditions of the government are complied
with by the affiliated scientist or researcher. In all cases, the university institution or
governmental entity must ensure that affected communities have given their prior
informed consent to the activities to be undertaken;
n. There must be a provision requiring the Academic Collector to apply for a com-
mercial research agreement when it becomes clear that the research and collection
being done has commercial prospects;
o. A minimal fee must be paid to the Philippine government in accordance with a
schedule of fees by the Inter-Agency Committee; and
p. The maximum term for an Academic Research Agreement shall be for five
years and renewable upon review by the Inter-Agency Committee.

SEC. 6. Composition and Functions of the Inter-Agency Committee on Biological
and Genetic Resources.
—An Inter-Agency Committee on Biological and Genetic Re-
sources attached to the DENR is hereby created as the regulatory body to ensure that
the provisions of this Executive Order are enforced and implemented. The Inter-Agency
Committee shall be composed of the following:

1. An Undersecretary of the Department of Environment and Natural Resources
designated by the DENR Secretary who shall be the Chairperson of the Committee.
2. An Undersecretary of the Department of Science and Technology (DOST) des-
ignated by the DOST Secretary who shall be co-chairperson of the Committee.
3. A permanent representative of the Secretary of the Department of Agriculture,
who must be knowledgeable about biodiversity or biotechnology.
4. Two permanent representatives of the Philippine science community from the
academe and who must be experts in any of the following fields: biodiversity, biotechnol-
ogy, genetics, natural products chemistry or similar disciplines, shall be appointed by the
DOST Secretary after nominations from and consultations with the science community.
5. A permanent representative of the Secretary of the Department of Health who
must be knowledgeable about pharmaceutical research and development.
6. A permanent representative of the Department of Foreign Affairs who has to
facilitate international linkage relative to bioprospecting.
7. A permanent representative of the National Museum who has expertise on
natural history and/or biological diversity.
8. A representative from a non-government organization (NGO) active in biodi-
versity protection to be selected by the NGO community through a process designed by
themselves and later endorsed by the Philippine Council of Sustainable Development.

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES

223

9. A representative from a People’s Organization (PO) with membership consist-
ing of indigenous cultural communities and/or their organizations to be selected by the
PO community through a process designed by themselves and through the endorsement
of the Philippine Council for Sustainable Development.

All members of the Inter-Agency Committee shall serve for a period of three years
which may be renewed for another three years. In case of death, resignation, removal or
other circumstance which requires the replacement of a member, said member may be
succeeded by another person with the same qualifications and appointed in a similar
process. The replacement shall serve the unexpired term of the member replaced.

A Technical Secretariat, to be headed by the PAWB, shall be created to support
the work of the Inter-Agency Committee. The Technical Secretariat shall be staffed
with personnel from the PAWB and other agencies who shall be designated by the me-
mbers of the Inter-Agency Committee.

SEC. 7. Powers and Functions of the Inter-Agency Committee.—The Inter-
Agency Committee shall meet at least once every quarter and shall have the following
functions:

a. Process applications for Research Agreements and recommend for approval
thereof to the Secretary of DENR, DOH, DA, or DOST depending on the nature and
character of the prospecting activity;

b. Ensure that the conditions for the Research Agreements are strictly observed;

c. Determine the list and amount of biological and genetic materials that may be
taken from the area and ensure that these are complied with;

d. Deputize and train appropriate agencies so as to ensure that no biological and
genetic materials are taken from the Philippines and exported abroad except under a
valid Research Agreement. It shall also be ensured that the specimens collected have
been deposited in the Philippines;

e. Ensure that the rights of the indigenous and local communities wherein the
collection or researches are being conducted are protected, including the verification
that the consent requirements in Sections 3 and 4 are complied with. The Inter-Agency
Committee, after consultations with the affected sectors, shall formulate and issue
guidelines implementing the provision on prior informed consent;

f. Study and recommend to the President and the Congress appropriate laws on
the utilization of biological and genetic resources including new laws on intellectual
property rights;

g. Involve local scientists in the decision making process by creating a Multi-
Disciplinary Advisory Body and other entities as may facilitate local involvement in the
research, collection and utilization of biological and genetic resources;

h. Develop a conceptual framework, using the research agreements entered into
as well as other data as basis, for significantly increasing knowledge of Philippine bio-
diversity. The Inter-Agency Committee shall establish mechanisms to ensure the inte-

LAND

224

“There is a tragic clash between Truth and the
world. Pure undistorted truth burns up the world.”
--

Nikolai Berdyaev

gration and dissemination of the information generated from research, collection and
utilization activities;

i. Coordinate with the National Committee on Biosafety when necessary or ap-

propriate;

j. Issue rules and regulations to effectively carry out the provisions of this Execu-

tive Order; and

k. Perform such other func-
tions as may be necessary to im-
plement this Executive Order.
All decisions of the Inter-
Agency Committee must be by a
majority of all its members.

SEC. 8. Monitoring Imple-
mentation of the Research Agree-
ment
.—The Protected Areas and
Wildlife Bureau (PAWB) of the
DENR shall be the lead agency in
monitoring the implementation of
the research agreement. The re-
gional offices of the DENR shall
also participate in the monitoring.
SEC. 9. Appeals.—Decisions
of the Secretary (DENR, DA, DOH,
or DOST) may be appealed to the
Office of the President. Recourse to
the courts shall be allowed after
exhaustion of all administrative
remedies.

SEC. 10. Sanctions and Pe-
nalties.
—Undertaking activities in
violation of this Executive Order
shall be subjected to such criminal
penalties as may be proper under existing laws including the National Integrated Pro-
tected Areas System Act of 1992 and the Revised Forestry Code. Failure to comply with
the provisions of the Research Agreements entered into under Sections 3, 4, and 5 shall
be a valid cause of immediate termination of the Agreement and the imposition of a
perpetual ban on undertaking prospecting of biological and genetic resources in the
Philippines.

SEC. 11. Existing Researches, Contracts Agreements.—All existing research pro-
jects, where allowed under existing law, may proceed pending the negotiation and entry
into force of appropriate research agreement. All valid and existing contracts and
agreements entered into by the PAWB, the National Museum or other governmental

It is not so much for its beauty that the forest makes
a claim upon men’s hearts, as for that subtle some-
thing, that quality of air that emanation from old
trees, that so wonderfully changes and renews a
weary spirit
.—Robert Louis Stevenson

(A. Oposa, Bugsuk Island)

TREE PLANTING

225

entities shall remain valid and effective; Provided, That the parties shall be required to
enter into a new agreement conforming to this Executive Order.
SEC. 12. Official Depository.—The official depository of all original and official
documents such as agreements and minutes of the meeting is the PAWB.

SEC. 13. Funding.—The activities
of the Inter-Agency Committee on Biologi-
cal and Genetic resources shall be funded
in accordance with law. Such funding,
where allowed by law, may include savings
coming from the appropriate and con-
cerned Departments and proceeds from the
fees imposed on the Research Agreements.
SEC. 14. Effectivity.—This Execu-
tive Order and rules and regulations take
effect immediately upon publication in two
newspapers of general circulation and
upon filing of three certified copies with
the U. P. Law Center.

SEC. 15. Implementing Rules and
Regulations.
—The implementing rules and
regulations shall be formulated by the In-
ter-Agency Committee and signed by the
Secretary of DENR not later than three
months after the effectivity of the Executive
Order.

Done in the City of Manila, on this

18th day of May, 1995.

Tree Planting
Requiring the Planting of Trees in Certain Places
(Presidential Decree No. 953)

Whereas, the planting of trees on lands adjoining the edge of rivers and creeks is
both a measure of beautification and reforestation; and

Whereas, the planting of trees along roads and areas intended for the common use
of owners of lots in subdivisions will provide shade and healthful environment therein;

Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and decree:

SECTION 1. The following shall plant trees:

1. Every person who owns land adjoining a river or creek shall plant trees ex-
tending at least five meters on his land adjoining the edge of the bank of the river or

Trees give peace to the souls of men.”—Nora
Waln Correspondent 1895-1964

(A. Oposa)

LAND

226

creek, except when such land, due to its permanent improvement, cannot be planted
with trees;

2. Every owner of an existing subdivision shall plant trees in the open spaces re-
quired to be reserved for the common use and enjoyment of the owners of the lots
therein as well as along all roads and service streets. The subdivision owner shall con-
sult the Bureau of Forest Development as to the appropriate species of trees to be
planted and the manner of planting them; and
3. Every holder of a license agreement, lease, license or permit from the govern-
ment involving occupation and utilization of forest or grazing land with a river or creek
therein, shall plant trees extending at least twenty (20) meters from each edge of the
bank of the river or creek.

The persons hereinabove required to plant trees shall take good care of them, and,
from time to time, remove any tree planted by them in their respective areas which has
grown very old, is diseased, or is defective, and replant with trees their respective areas
whenever necessary.

SEC. 2. Every owner of land subdivided into residential/commercial/industrial
lots after the effectivity of this Decree shall reserve, develop, and maintain not less than
thirty percent (30%) of the total area of the subdivision, exclusive of roads, service
streets and alleys, as open space for parks and recreational areas.63
No plan for a subdivision shall be approved by the Land Registration Commission
or any office or agency of the government unless at least thirty percent (30%) of the
total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as
open space for parks and recreational areas and the owner thereof undertakes to de-
velop such open space, within three (3) years from the approval of the subdivision plan,
in accordance with the development plan approved by the Bureau of Forest Develop-
ment and to maintain such parks and recreational areas.
SEC. 3. Any person who cuts, destroys, damages, or injures naturally growing or
planted trees of any kind, flowering or ornamental plants and shrubs, or plants of sce-
nic, aesthetic, and ecological values, along public roads, in plazas, parks other than
national parks, school premises or in any other public ground or place, or on banks of
rivers or creeks, or along roads in land subdivisions or areas therein for the common use
of the owners of lots therein, or any species of vegetation or forest cover found therein
shall, be punished with imprisonment for not less than six months and not more than
two years, or a fine of not less than Five Hundred Pesos (P500.00) and not more than
Five Thousand Pesos (P5,000.00), or with both such imprisonment and fine at the dis-
cretion of the court, except when the cutting, destroying, damaging or injuring is neces-
sary for public safety or the pruning thereof is necessary to enhance beauty, and only
upon the approval of the duly authorized representative of the head of agency or politi-
cal subdivision having jurisdiction therein, or of the Director of Forest Development in
the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in

_______________________

63

The open space requirement has been modified by B.P. Blg. 220.

TREE PLANTING

227

the case of trees along roads and in other areas therein for the common use of owners of
lots therein. If the offender is a corporation, partnership or association, the penalty
shall be imposed upon the officer or officers thereof responsible for the offense, and if
such officer or officers are aliens, in addition to the penalty herein prescribed, he or they
shall be deported without further
proceedings before the Commission
on Immigration and Deportation.
Nothing in this Decree shall prevent
the cancellation of a license agree-
ment, lease, license or permit from
the government, if such cancellation
is prescribed therein or in govern-
ment regulations for such offense.
SEC. 4. Any person who
shall violate any provision of Section
1 hereof, or any regulation promul-
gated thereunder, shall be punished
with imprisonment for not less than
six months but not more than two
years, or with a fine of not less than
Five Hundred Pesos (P500.00) but
not more than Five Thousand Pesos
(P5,000.00), or with both such im-
prisonment and fine at the discre-
tion of the court. If the offender is a
public officer or employee, he shall,
in addition, be dismissed from the
public service and disqualified per-
petually to hold public office.
SEC. 5. Any person who shall
violate the provision of Section 2
hereof, or any regulation promulga-
ted thereunder, shall be punished with imprisonment for not less than two (2) years but
not more than five (5) years, or with a fine equivalent to the value, at current valuation, of
the area representing thirty percent (30%) of the total area of the subdivision, or both
such fine and imprisonment at the discretion of the Court.
SEC. 6. The Director of Forest Development shall issue such rules and regula-
tions as may be necessary to carry out the purposes of this Decree.
SEC. 7. All laws, rules and regulations, or parts thereof, inconsistent herewith

are hereby repealed.

SEC. 8. This Decree shall take effect upon its promulgation.
Done in the City of Manila, this 6th day of July, 1976.

A tree is the climax species of the plant kingdom
as man is the climax species of the animal king-
dom
.—Anonymous

(A. Oposa)

LAND

228

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