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Our Palawan
The Scientific Journal of Palawan Council for Sustainable Development
Research and Analysis
Sustainable Urban and Rural Communities
Determining Policy Implementation Level of the Republic Act 9147 (Wildlife Resources
Conservation and Protection Act of 2001) in the Province of Palawan, Philippines
ABSTRACT
Figure 1. The terrestrial ECAN Zones of Palawan showing the study areas in Taytay,
Quezon and Puerto Princesa City. (Source: Palawan Council for Sustainable Development
Staff)
*Threshold category
efficient data gathering process. The local benefit. The implementation by PCSD has
government units (LGU) environment offices, attained for the institution an “Excellent”
Palawan-based environmental NGOs, law policy implementation assessment rating
enforcement agencies, and volunteer groups together with its co-implementer, the DA-
have been associated as additional respondent. BFAR and DENR (Table 2).
Data were gathered from PCSDS Main Office All threshold categories were attained
database, DENR, and DA-BFAR Provincial by the PCSD. However, among these
Fishery Office. This was substantiated with institutions, only the DENR recognized that
the Regional Trial Court in Puerto Princesa the thresholds they did not achieve and opted
and Municipal Circuit Trial Court in Taytay not to implement were related to the
and Quezon, Palawan through their records permitting system, case filings, and fund
and criminal dockets. Outcomes of the data management since these are under the
collection were supported with literature responsibility of the PCSD. The DA-BFAR
reviews from scholarly articles, peer-reviewed Provincial Fishery Office (PFO) did not
journals, officially transmitted documents, implement the wildlife conservation law
published documents, and credible grey
enforcement plan threshold since it only
pieces of literatures. acted on the responsibilities delegated by the
PCSD. Collective action problems differ
RESULTS AND DISCUSSION regarding how costly or difficult it is to
protection activities with the DA-BFAR and Decentralization and devolution strategies
DENR. Collaborative efforts were evident are important in fostering the participation of
throughout the study as seen in the local units (Ackerman, 2004). These
cooperation of from collaborations are important for reducing
different actors
government, private, and non-government government costs and responsibilities.
organizations that helped the DENR-DA- Management Planning and Policy
PCSD in the overall implementation of the Implementation
Wildlife Act. With the efforts coming from The adopted annual physical and
external actors, entrepreneurs, and principal
financial plan presented in the PCSD’s
actors, Ostrom’s (1990) collective action annual general appropriations program,
theory has been observed to address a
included outcomes aimed at preventing the
common set of problems for their collective loss of Palawan’s biodiversity. It is
important to know that one essential part of permits issued were for Reef Fish-for-Food
the implementation was the presence of an (RFF) in collaboration with the DA-BFAR.
effective and updated permitting process. A Other permits issued were Wildlife Special
total of 3,011 permits were issued from Use Permit (33%), and Gratuitous Permit
2013 to 2017, including 65% the Wildlife (1%) for research.
Collector’s Permit (WCP). The 65% of the
In 2000, the multi-partite partnership
2004. This was initiated by the DENR and NGOs, and communities is relevant and
Figure 2. Criminal cases filed in courts in violation of RA 9147 based on PCSDS criminal
database of 2005 – 2017. (Source: Palawan Council for Sustainable Development Staff)
Violations under the Wildlife Act usually conservation of aquatic and marine
relates to Section 27 (f) “collecting, hunting resources was entrusted to DA-BFAR. A
or possessing wildlife, their by-products local wildlife warden starts or initiates the
and derivatives” and (i) “transporting of conservation procedures for further
wildlife”. PCSD has targeted 85% of awareness within the local communities. A
detected violations resolved for prosecution special task was handed to the PWRCC for
in 7 days at the end of 2017. Of the 71 ensuring animal welfare (RA 8485, as
cases filed, 9 were convicted for violations amended by 10631) of confiscated wildlife
of Section 27 of the Wildlife Act from 2006 during transport. Other implementing
-2014. There was a total of ten dismissed agencies that were involved in carrying their
cases in Municipal Circuit Trial Court respective mandates in support of RA 9147
(MCTC) Branch 4 and Branch 7. Cases have performance difficulties due to their
were usually acquitted and dismissed due to limited jurisdiction in several ports and
lack of evidence by the petitioner. Thirty- terminals. Hence, proper coordination with
four cases were still pending in courts at the the PCSDS may ensure direct guidance and
end of 2017. No illegal fishing activities direct apprehension when needed.
were reported since 2011. These data Insufficient manpower, financial, logistics
exclude violations against the Fisheries support, equipment, and active involvement
Code of the Philippines (RA 8550 as of some law enforcement authorities can
amended by RA 10654) due to the hamper the efficient and effective arrest of
jurisdiction being exercised by DA-BFAR violators. Ostrom (2000) indicates that
on aquatic wildlife species. Cases filed by group boundaries are frequently marked by
DA-BFAR-PFO enforcement groups on well-understood criteria, like everyone who
aquatic wildlife were referred to the lives in a particular community or has joined
Regional Trial Court (RTC) for those with a specific local cooperative which is in line
penalties of more than six (6) years, while with what the Wildlife Act is all about.
those with less than six (6) years were Efficient reporting has become the
referred to the Municipal Trial Court strong point of local communities in their
(MTC). participation and willingness to engage in
Several cases filed under RA 9147 surveillance and monitoring. WEOs
were supplemented by either Presidential primarily provide grassroots information to
Decree (PD) 705 or RA 8550 due to higher the PCSDS Enforcement Team that was
penalties. Both DENR and DA maintained established in 2011. This increase in
the assurance of having an effective communication cooperation for many
intelligence and surveillance networking to reasons was referred to by Orbell et al.
avoid duplication of efforts and resources. (1988) as mutual commitments about
The enforcement of regulations on the appropriate behavior, development of group
identity and reinforcement of prior norms, adopted annual work and financial plan
increased trust, and positive expectations of submitted by the PCSD to the Department
cooperative behavior. Furthermore, of Budget and Management (DBM).
DENR’s Forest Patrol that was tasked to
The funding support of the PCSDS
perform duties for PD 705 as well as the
to the LGUs was lumped into the funds
DA-BFAR Fish Wardens of RA 8550 (as
provided to ECAN Board enforcement
amended by RA 10654) likewise aided in
groups. The provision of incentives to the
RA 9147 enforcement. The presence of
deputized WEO in the performance of their
trained wildlife rangers, Bantay Palawan,
duties was not stated. The absence of this
Bantay Gubat, and Bantay Dagat were the
incentive system was observed as a
enforcement counterparts of the LGU in
common law enforcement concern among
wildlife conservation monitoring. It is
partner implementers. A common
important for monitoring bodies to exist as
assumption is that the greater the reward or
Maor (2004) finds that structural difficulties
the punishment, the more likely people are
include the impossibility of monitoring the
to cooperate (Biel, 2015). Financial
almost infinite number of government
obligations still posed as a major concern
actions.
of partner agencies, but direct support from
Funds and Appropriations the PCSDS was secured. As suggested by
Funds were appropriately obligated Ostrom (1996), it is important to realize
under the General Appropriations Act where participants need to be able to build
(GAA) allocations of the PCSDS. It was a credible commitment to one another so
part of the continuous funding from the that if one side increases input, the other
national government and is reflected in the will continue at the same or higher levels.
disbursed total amount of Php. 136.51 This practice has been observed as there
million from 2013-2017 for Maintenance were always new resolutions by the PCSD
and Other Operating Expenses (MOOE). for the enhancement of implementation.
Above these GAA funds, the access to
Wildlife Management Fund (WMF) also
CONCLUSION AND POLICY
generated an amount of about Php 5.7
IMPLICATIONS
million for conservation and protection of
The co-production of environmental
wildlife resources. Funds were derived from
services has been validated in the study
fees, charges, donations, fines, damages,
through the manifestations of collective
grants or contributions collected, and
actions done by the key actors for the
endowments within the PCSD’s
implementation of the Wildlife Act in the
jurisdiction. These funds were obligated
province of Palawan. The fate of Palawan’s
and distributed appropriately based on the
biodiversity firmly remains in the resilient cases solely against the provisions of RA
coordination of the PCSD with its technical 9147;
staff, the PCSDS. However, the • Most common reasons for the dismissal
collaborative efforts of different institutions of criminal cases filed was due to
concretized their common goal of insufficient evidence and failure of the
collective actions. Policies developed under prosecution to present their witnesses;
the provisions of RA 9147 in the province • Funds allocated by the national
of Palawan were excellently implemented government and generated trust fund are
by DENR-DA-PCSD. Their major policy stable but not sufficient to provide
outcomes have led to a sustained substantive support to local government
implementation across all sectors of society units.
that cascaded at the community level.
Given the abovementioned findings,
Collective action was applied to
it is recommended that future efforts to
communities that utilize natural resources
amend the provision of RA 9147 should
for development. However, the several
consider the concluded review of
policies related to direct enforcement,
assessment presented in this study.
logistics and financial obligations were
partly fulfilled but the continuing public
awareness and community participation
ACKNOWLEDGEMENTS
were exceptionally accomplished
collaboratively. Thus, in consideration with We would like to thank the Palawan
implementing rules and regulations, the (PCSDS) for the issuance of SEP clearance
following assessments have manifested and cooperation for conduct of the study. To
their effect on the completeness of the the respondents Niño Rey Estoya, Ian
enforcement plan should strengthen Guion, Mario Basaya, Willy Ortega, Atty.
management bodies and may create multi- Carlo Gomez for their inputs. The authors
partite enforcement and monitoring team: would also like to thank Dr. Francisco
Magno from De La Salle University,
• Enhance resources and incentive Philippines for his mentorship and advice
systems should be arranged for the for the completion of the first author’s
mandated enforcement groups and Master’s thesis “Environmental Governance
community enforcers as compliment to in Palawan: The implementation of the
positive achievement. Wildlife Resources Conservation and
• Reduced fines and penalties for illegal Protection Act of 2001”.
acts always deter the filing of criminal