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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
Second Regular Session

8320

House Bill No.

INTRODUCED BY HON. JOSEPHINE Y. RAMIREZ-SATO

AN ACT PROVIDING FOR A REVISED WILDLIFE RESOURCES
CONSERVATION AND PROTECTION ACT, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Philippine wildlife species are natural treasures that deserve protection under
the law in order to promote conservation and sustainable use and to ensure their
continued existence for future generations.

The Philippines is one of only seventeen (17) “mega-diverse” countries in the
world or those very rich in terms of “biodiversity” or the variety and variability among
all living organisms and the ecological complex in which they occur. Philippine wildlife
species are thus also globally important. Aside from well-know, iconic and charismatic
wildlife species such as the Philippine eagle (Pithecophaga jefferyi), the Tamaraw
(Bubalus mindorensis) and the Philippine tarsier (Carlito syrichta), the Philippines has
about 133 terrestrial mammals, 230 birds, 244 reptiles and 97 amphibian species
occurring nowhere else in the world.' In addition, there are over 120 fishes that can be
found only in Philippine inland and marine waters.”

Philippine flora and fauna, as well as the ecosystems where they live, are the
country’s natural capital and provides a variety of services beneficial to the Filipino
people. Aside from cultural and aesthetic values, they provide us with food, water,
medicine, timber, fuel, raw material for clothing, as well as numerous economic
benefits. They help regulate water purification, soil erosion, flood control, climate and

1 See Biodiversity Management Bureau (BMB) webpage on Status of Philippine
Biodiversity at _http:/ /bmb.gov.ph/388-protection-and-conservation-of-
wildlife/ facts-and-figures/786-status-of-the-philippine-biodiversity. Last
viewed on 14 September 2018.

2

https:/ / www fishbase.de/country/CountryChecklist.php?resultPage=2&c_c
ode=608évhabitat=endemic. Last viewed on 14 September 2018.



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carbon storage and also pollination, decomposition. Indeed, the benefits provided by
wildlife are essential to human life and well-being.

Despite the clear importance of Philippine wildlife, their existence continues to
be threatened by overexploitation, habitat degradation and fragmentation, introduction
of invasive alien species, pollution, and climate change. Illegal wildlife trade brings
target species closer to extinction. The illegal collection of wildlife genetic resources
deprives Filipinos of the monetary benefits from the development of products and
technologies from these natural treasures.

Enacted in 2001, Republic Act No. 9147, otherwise known as the “Wildlife
Resources Conservation and Protection Act” ( the “Wildlife Act”) is the primary piece
of legislation relative to wildlife. 1.6 The Wildlife Act is a law on wildlife resource
conservation and use and on biodiversity protection. As a natural resource conservation
law, the Wildlife Act aims to ensure the continuing existence of Philippine wildlife by
prescribing measures to regulate human activities directly involving wildlife, including
wildlife collection and trade, as well as human activities affecting their habitats. As a
biodiversity protection law, the Wildlife Act aims to promote ecological balance and
enhance biological diversity.

After more than 17 years of implementation, the Wildlife Act is ripe for further
strengthening and improvement base on the collective experience of government
regulators, law enforcement agencies and volunteers, non-government organizations,
scientists and researchers, conservationists, local government units, and the legitimate
wildlife breeders, traders and hobbyists. Among others, the imposition of stronger and
more specific penalties is needed to enhance the deterrent effect and to remove the legal
loopholes exploited by illegal wildlife collectors and traders.

It is therefore high time that the Wildlife Act be updated to comply or be
consistent with Philippine treaty obligations concerning wildlife under multilateral
agreements such as the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES), the Convention on Biological Diversity (CBD), and the
Convention on Migratory Species (CMS).

The Wildlife Act must also be revised and updated in order to effectively
implement the clear directive of President Rodrigo Roa Duterte in his 2018 State of the
Nation Address that “the protection of the environment must be top priority and
extracted resources must be used for the benefit of the Filipino people, not just a select
few, and that all concerned agencies and local government units must uphold the
concept of intergenerational responsibility in the utilization of our mineral wealth, the
protection and preservation of our biodiversity, anchored on the right to a balanced and
healthy ecology.”

In view of the foregoing, the immediate passage of this bi#T% earnestly sought.

HON. JQSEPHIPE }. RAMI
Lonf Distri tcidental


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SEVENTENTH CONGRESS
Second Regular Session

House Bill No.

Introduced by HON. JOSEPHINE Y. RAMIREZ SATO

AN ACT PROVIDING FOR A REVISED WILDLIFE RESOURCES
CONSERVATION AND PROTECTION ACT, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Revised Wildlife Resources
Conservation and Protection Act of 2018." (1a)

SEC. 2. Declaration of Policy. - It shall be the policy of the State to conserve
and protect the country's wildlife resources and their habitats for sustainability and to
promote ecological balance, enhance biological diversity, and ensure the provision of
ecosystem services. In the pursuit of this policy, this Act shall have the following
objectives:

(a) to regulate the collection, possession, use and trade of wildlife, wildlife by-
products and derivatives;

(b) to pursue, with due regard to the national interest, Philippine commitments
to international conventions, treaties and agreements on the protection of
wildlife and their habitats,and on the fair and equitable sharing of the benefits
arising out of the utilization of genetic resources from wildlife;

(©) to initiate or support scientific studies on the conservation of biological
diversity and sustainable utilization of wildlife resources; and

(d) to promote full awareness and widest dissemination of policies on wildlife
conservation and protection. (2a)


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SEC. 3. Scope of Application. - The provisions of this Act shall be enforceable
for all wildlife species found in all areas of the country, including exotic species which
are subject to trade, are cultured, maintained and/or bred in captivity or propagated in
the country. (3a)

SEC. 4. Jurisdiction of the Department of Environment and Natural Resources,
the Department of Agriculture and the Palawan Council for Sustainable Development.
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, waterbirds and all amphibians
and dugong. The Department of Agriculture (DA) shall have jurisdiction over all
declared aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, 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 their respective jurisdiction. In the
Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for
Sustainable Development (PCSD) pursuant to Republic Act No. 7611, otherwise
known as the “Strategic Environmental Plan (SEP) for Palawan Act”. (4a)

CHAPTER II
DEFINITION OF TERMS

SEC. 5. Definition of Terms. - As used in the Act, the term:

(a) "Biological diversity" or "biodiversity" means the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems;(n)

(b) "Biological resources" to genetic resources, organisms or parts thereof,
populations or any other biotic component of ecosystems with actual or potential use
or value for humanity, including but not limited to, all biological specimens such as
plants, seeds, tissues and other propagation materials, animals, live or preserved,
‘whether whole or in part; (n)

(©) "Bioprospecting" means the research, collection and utilization of biological
and genetic resources for purposes of applying the knowledge derived there from solely
for commercial purposes; (5[a])

(d) “Biosafety” refers to the need to protect human, plant and animal health or
life and the environment from the possible adverse effects of the products of modern
biotechnology; (n)

(e) “Botanical garden” refers to an establishment where a collection of wild
flora is maintained for recreational, educational, research, conservation and scientific


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purposes; (n)

(f) “By-products and derivatives” refers to any part taken or substance
extracted from wildlife, in raw or in processed form. This includes stuffed animals and
herbarium specimens; (5{b])

(@) “Captive-breeding/culture or propagation" means the process of producing
individuals under controlled conditions or with human interventions; (5{c])

(h) “Certificate of Wildlife Registration” refers to document authorizing a
person to possess wildlife, by-products and derivatives; (n)

(i) “Certificate of Introduction from the Sea” refers to a document issued by
the Bureau of Fisheries and Aquatic Resources for the introduction from the sea of
wildlife species taken from marine environments outside the jurisdiction of any State;

@)

() "Collection or collecting” means the act of taking, gathering or harvesting
wildlife, wildlife by-products or derivatives; (5{d])

(k) "Conservation" means preservation and sustainable utilization of wildlife,
and/or maintenance, restoration and enhancement of the habitat; (S[e])

()) “Critical Habitat” means an area outside protected areas under Republic Act
(RA) No. 7586 or the National Integrated Protected Areas System (NIPAS) Act that are
known habitats of threatened species and designated based on scientific data taking into
consideration species endemicity and/or richness, presence of man-made
pressures/threats to the survival of wildlife living in the area, among others; (n)

(m)"Critically endangered species" refers to a species or subspecies that is
facing extremely high risk of extinction in the wild in the immediate future; (5{f])

(») "Economically important species" means species which have actual or
potential value in trade or utilization for commercial purpose as well as species which
have actual or potential negative impact on the environment and economic activities
such as, but not limited to, agriculture and food production;(5[g]a)

(0) "Endangered species" refers to species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal factors continue

operating;(5[h])

(p) "Endemic species" means species or subspecies which is naturally occurring
and found only within specific areas in the country; (5[i])

(q) "Exotic species" means species or subspecies which do not naturally occur
in the country; (S{j])

(8) "Export permit" refers to a permit authorizing a person to bring out wildlife,
wildlife by-products and derivatives from the Philippines to any other country; (5{k])


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(s) "Genetic material” means any material of plant, animal, microbial or other
origin containing functional units of heredity; (n)

(t) "Genetic resources" means genetic material of actual or potential value; (n)

(u) "Gratuitous permit" means the permit issued to any person to collect
wildlife for non-commercial scientific, or educational undertaking; (5[1])

(v) "Habitat" means the place or environment where species or subspecies
naturally occurs or has naturally established its population; (5[m])

(w) "Import permit" refers to a permit authorizing a person to bring in wildlife,
wildlife by-products or derivatives from another country; (5[n])

(x) "Indigenous wildlife" means species or subspecies of wildlife naturally
‘occurring or has naturally established population in the country; (5[0])

(y) "Introduction" means bringing species into the wild that is outside its natural
habitat; (S[p])

(2) “Introduction from the sea” means transportation into the country of
specimens of any species which were taken in the marine environment not under the
jurisdiction of any State; (n)

(aa) "Invasive alien species" or "IAS" refers to species whose introduction
and/or spread outside their natural past or present distribution threatens biological
diversity; (n)

(bb) "Local transport permit" means a permit authorizing a person to bring
wildlife from one place to another within the territorial jurisdiction of the Philippines”
Glvla)

(cc) “Maltreatment” means the commission of torture or any form of cruelty
to any wildlife, or omission or neglect to provide adequate care, sustenance or shelter
to wildlife; (n)

(dd) “Near threatened species” refers to a species or subspecies that is not
critically endangered, endangered nor vulnerable but is under threat from adverse
factors, such as over collection, throughout their range and is likely to move to the
vulnerable category in the near future; (n)

(ee) “Other wildlife species” refers to all other wildlife species not classified as
threatened or near-threatened; (n)

(£8) “Person” refers to a natural or juridical person; (n)

(gg) “Possession” refers both to actual possession or immediate physical control
over wildlife, or wildlife by-products or derivatives, and to constructive possession or
ownership or control over the place or conveyance where the wildlife, or wildlife by-
products or derivatives are found;


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(hh) "Re-export permit" refers to a permit authorizing a person to bring out of
the country a previously imported wildlife, wildlife by-products or derivatives; (5{q])

(ii) "Secretary" means either or both the Secretary of the Department of
Environment and Natural Resources and the Secretary of the Department of
Agriculture; (S{r])

(i "Shipper" refers to a person that sends or transports goods by sea, land, or
air. (n)

(kk) "Special Local Transport Permit" refers to a permit conferred to holders
of Wildlife Special Use Permit (WSUP) authorizing the conveyance of wildlife, by-
products and/or derivatives from the facility of origin to one or more places within the
Philippines and back to the facility of origin; (n)

(ll) "Threatened species" a general term to denote species or subspecies
considered as critically endangered, endangered, vulnerable or other accepted
categories of wildlife whose population is at risk of extinction;(5[s})

(mm) "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;(S[t])

(nn) "Traditional use" means utilization of wildlife by indigenous people in
accordance with written or unwritten rules, usage, customs and practices traditionally
observed, accepted and recognized by them; (5[u])

(00) "Vulnerable species” refers to species or subspecies that is not critically
endangered 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; (5[w])

(pp) "Wildlife" means wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred or
propagated; (5[x])

(qq) "Wildlife collector's permit" means a permit to take, gather or harvest
from the wild certain species and quantities of wildlife as parental stocks for
commercial breeding purposes; (S[y])

(rt) "Wildlife farm/culture permit" means a permit to develop, operate and
maintain a wildlife breeding farm for conservation, trade and/or scientific purposes;
(tl)

(ss)"Wildlife local trade permit" refers to a permit authorizing a person to sell
or offer for sale, wildlife, wildlife by-products and derivatives ; (n)

(tt) “Wildlife laundering” means the process by which wildlife traders disguise
the origin and ownership of illegally acquired wildlife by making such appear to have
been derived from a legitimate source to circumvent wildlife laws and regulations; (n)


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(uu) “Wildlife rescue center” refers to government established or designated
repositories of confiscated, donated, retrieved, or tumed-over wildlife or an
establishment where sick, injured, confiscated wildlife are temporarily kept and
rehabilitated prior to the release to their natural habitat or implementation of other
modes of disposition as may be authorized by the Secretary or the PCSD;

(vv) “Wildlife registration” refers to the act of entering in the official records
wildlife, by-products and derivatives and granting authority to any person to maintain
said wildlife, by-products and derivatives; (n)

(ww) "Wildlife Special Use Permit" refers to a permit authorizing the holder
thereof to utilize legally possessed/acquired wildlife, by-products and derivatives for
local shows, exhibitions, or educational purposes or to collect economically important
species for direct trade purposes; (n)

(qq) “Zoological Park” or “Zoo” refers to an establishment where a collection
of wild fauna is maintained for recreational, educational, research, conservation or
scientific purposes. (n)

CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE I
General Provisions

SEC. 6. Wildlife Information. — All activities, as subsequently manifested under
this Chapter, shall be authorized by the Secretary or PCSD upon proper evaluation of
best available 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.

The DENR, DA and PCSD shall establish their respective National Wildlife
Management Committees (NWMCS) to provide technical and scientific advice on
wildlife. Each NWMC shall be composed of representatives from the DENR, DA or
PCSD, other concerned government agencies, and local scientists with expertise on
various fields of discipline on wildlife. The NWMC shall invite other stakeholders as
resource persons, when necessary. The DENR, DA or PCSD shall act as Chairperson
of their respective NWMC.

The DENR and DA shall establish Regional Wildlife Management Committees
(RWMCs) to provide technical and scientific advice on wildlife to ENR and DA field
offices. (6a)

SEC. 7. Biosafety - All activities dealing on genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation,
introduction, field release and breeding of organisms that are potentially harmful to man


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and the environment shall be reviewed by the DENR, DA-BFAR or PCSD in
accordance with the biosafety guidelines ensuring public welfare and the protection and
conservation of wildlife and their habitats. (16a)

SEC. 8. Economically Important Species. ~ The Secretary or PCSD shall
establish a list of economically-important species. Where appropriate, 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
assessment 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
collection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act. (18a)

SEC. 9. Invasive Alien Species. - The Secretary and PCSD shall manage
invasive alien species (IAS) and formulate a National Invasive Alien Species Strategy
and Action Plan (NISSAP) on the prevention, detection, eradication, control of, and
rehabilitation from, invasive alien species, particularly those having the greatest
impacts on the environment, biodiversity, human health and livelihoods. Within one (1)
year after the effectivity of this Act, the Secretary and the PCSD, shall jointly establish
4 list of invasive and potentially invasive alien species.

The list of IAS and the NISSAP shall be periodically reviewed and updated.

Alll national government agencies and local government units shall coordinate
with the DENR, DA and PSCD in the implementation and localization of the strategy
and action plan. (n)

SEC. 10. Designation of Management and Scientific Authorities for
International Trade in Endangered Species of Wild Fauna and Flora. — For the
implementation of international agreement on international trade in endangered species
of wild fauna and flora, the management authorities for terrestrial and aquatic resources
shall be the Biodiversity Management Bureau (BMB) 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
scientific 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 University of the Philippines (U.P.) Institute of
Biological Sciences, U.P. Institute of Biology 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 National Fisheries Research and Development
Institute (NFRDD, U.P. Marine Science Institute, U.P. Visayas, Silliman University,
the National Museum and other agencies as may be designated by the Secretary:


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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 NFRDI shall chair the
scientific authorities. (19a)

ARTICLE II
Permissible Activities

SEC. 11. Collection of Wildlife. - Collection of wildlife may be allowed in
accordance with Section 6 of this Act: Provided, That in the collection of wildlife,
appropriate and acceptable wildlife collection techniques with least or no detrimental
effects to the existing wildlife populations and their habitats shall, likewise, be required:
Provided, further, That collection of wildlife by indigenous people in their ancestral
land/domain may be allowed for traditional use and not primarily for profit: Provided,
furthermore, That collection of aquatic wildlife resources by indigenous people are
subject to conditions to be provided by the Secretary of the Department of Agriculture:
Provided, still furthermore, That collection and utilization for said purpose shall not
cover threatened species: Provided, finally, That Section 21 of this Act shall govern the
collection of threatened species. (7a)

SEC. 12. Possession of Wildlife. - No person or entity shall be allowed
possession of wildlife unless such person or entity can prove financial and technical
capability, including scientific knowledge, and facility to maintain said wildlife:
Provided, That the wildlife was not obtained in violation of this Act or other laws. (7a)

SEC. 13. Collection and/or Possession of By-Products and Derivatives. -
By-products and derivatives may be collected and/or possessed: Provided, That the
same was not obtained in violation of this Act or other laws. (9a)

SEC. 14. Local Transport of Wildlife, By-Products and Derivatives. - Local
transport of wildlife, by-products and derivatives legally collected or possessed shall
be authorized unless the same is prejudicial to the wildlife and public health. (10a)

SEC. 15. Exportation and/or Importation of Wildlife, By-Products and
Derivatives. - Wildlife, by-products and derivatives may be exported to or imported
from another country as may be authorized by the Secretary or the PCSD or their
designated representatives, subject to strict compliance with the provisions of this Act
and rules and regulations promulgated pursuant thereto: Provided, That the recipient of
live wildlife is technically and financially capable to maintain it. Provided, further, That
the importation of invasive alien species shall not be allowed. (1 1a)

SEC. 16. Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wildlife. —(a) 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
Section 6 of this Act.

Any proposed introduction shall be subject to a scientific study which shall


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focus on the bioecology and natural history. The proponent shall also conduct public
consultations with concerned individuals or entities. (12a)

SEC. 17. Introduction of Exotic Wildlife. —No exotic species shall be introduced
into the country, unless a clearance from the Secretary or PCSD or their authorized
representatives is first obtained. In no case shall exotic species be introduced into
protected areas covered by Republic Act No. 7586 and to critical habitats under Section
27 hereof. Provided, That the introduction of such exotic species shall not pose any
adverse impacts on local ecology and that further environmental impact study shall be
undertaken which shall focus on the bioecology, natural history, socioeconomic and
related aspects of the area where the species will be introduced. The proponent shall
also be required to secure the prior informed consent from the local stakeholders. (17a)

SEC. 18. 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 or the PCSD which are necessary to protect biological diversity and assure
the fair and equitable sharing of benefits derived from the utilization of Philippine
genetic resources.

‘The Secretary or the PCSD or their authorized representatives, in consultation
with the concerned agencies, before granting the necessary permit, shall require that
prior informed consent be obtained by the applicant from the concerned indigenous
cultural communities, local communities, the Protected Area Management Board under
Republic Act No. 7586, or any person. The applicant shall disclose fully the intent and
scope of the bioprospecting 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 or PCSD shall act
on the research proposal within a reasonable period.

If the applicant is a foreign entity or individual, a local institution shall be
actively involved in the research, collection and, whenever applicable and appropriate,
in the technological development of the products derived from the biological and
genetic resources. (14a)

SEC. 19. Scientific Researches on Wildlife. - Collection and utilization of
biological resources for scientific research and not for commercial purposes shall be
allowed upon execution of an undertaking/agreement and/or issuance of a gratuitous
permit by the Secretary or the authorized representative: Provided, That clearance from
concerned bodies shall be secured before the issuance of the gratuitous permit:
Provided, That special conditions to facilitate the conduct of scientific researches by
Filipino students may be provided by the Secretary or PCSD.

If the applicant is a foreign entity or individual, a local institution shall be
actively involved in the research, collection and, whenever applicable and appropriate,
in the technological development of the products derived from the biological and
genetic resources. (15a)


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SEC. 20. Commercial Breeding or Propagation of Wildlife Resources. -
Breeding or propagation of wildlife for commercial purposes shall be allowed by the
Secretary or PCSD or their authorized representatives pursuant to Section 6 through the
issuance of wildlife farm/culture permit: Provided, That only propagated flora,
progenies of wild fauna raised, and/or specimens there from, as well as unproductive
parent stock shall be utilized for trade: Provided, further, That commercial propagation
and breeding operations for wildlife, whenever appropriate, shall be subject to an
environmental impact study. (17)

SEC. 21. Collection of Threatened Wildlife, By-products and Derivatives - The
collection of threatened wildlife, as determined and listed pursuant to this Act,
including 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 persons accredited by the Secretary or PCSD shall be allowed to collect for
conservation breeding or propagation purposes. (23)

SEC. 22. 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.(24a)

SEC. 23. Commercial Breeding or Propagation of Threatened Species -
Commercial breeding or propagation of threatened species may be allowed provided
that the following minimum requirements are met by the applicant, to wit:

(a) Proven effective breeding and captive management techniques for the
species; and

(b) Commitment to undertake commercial breeding in accordance with Section
20 of this Act, simultaneous with conservation breeding.

The Secretary or PCSD shall prepare a list of threatened species for commercial
breeding and shall regularly revise or update such list or as the need arises. (24a)

ARTICLE IIL
Permits, Fees and Charges

SEC. 24. Authority of the Secretary to Issue Permits. - The Secretary, or the
duly authorized representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever
appropriate, which shall include, but not necessarily be limited to, the following:

(1) Wildlife farm or culture permit 3 to 5 years;

(2) Wildlife collector's permit 1 to 3 years;


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(3) Gratuitous permit 1 to 3 years;

(4) Local transport permit not more than 3 months;
(5) Special Local Transport Permit not more than 3 months
(6) Wildlife Local Trade Permit lyear

(7) Wildlife Special Use Permit 1 to 3 years

(8) Export/Import/Re-export Permit 1 to 6 months;

(9) Certificate of Introduction from the Sea_1 to 6 months

These permits may be renewed subject to the guidelines issued by the
appropriate agency and upon consultation with concerned groups.(20a)

SEC 25. Authority to collect fees and charges. ~ The Secretary or PCSD are
hereby authorized to impose and collect reasonable fees and charges as may be
determined upon consultation with the concerned groups, and in the amount fixed by
the Secretary or PCSD for the issuances of permits enumerated in the preceding section.

For the export of wildlife species, an export permit fee of not greater than five
percent (5%) of the export value, excluding transport costs, shall be 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
exempted from the said export fee: Provided, further, That fees and charges shall be
reviewed by the Secretary every two (2) years or as the need arises and revise the same
accordingly, subject to consultation with concerned sectors: Provided, furthermore,
That the Secretary or PCSD may impose an import permit fee based on import value
and/or valuation of potential risks to biodiversity and human health: Provided, finally,
That fees and charges under international agreements shall be borne by the applicant.
(la)

ARTICLE IV
Protection of Threatened Species

SEC. 26. Determination of Threatened Species. - The Secretary or PCSD shall
determine whether any wildlife species or subspecies is threatened, and classify the
same as critically 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

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purposes; and
(c) other natural or man-made factors affecting the existence of wildlife.

The Secretary or PCSD 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 updated regularly or as the need arises: Provided, That a species lis
threatened shall not be removed there from within three (3) years followin
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 or
PCSD shall evaluate 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.(22a)

SEC. 27. Registration of Threatened and Exotic Wildlife in the Possession of
Private Persons. ~ Threatened wildlife possessed without a Certificate of Wildlife
Registration shall be confiscated in favor of the government and subject to the penalties
herein provided. Certificates of Wildlife Registration shall be issued only for the
following:

(a) Wildlife stock acquired under a prior valid wildlife permit issued to the same
applicant, including but not limited to wildlife import permits or certifications, wildlife
collector's permit, subject to submission of proof of legal acquisition;

(b) Wildlife stock purchased or otherwise acquired from legal sources subject
to submission of proof of legal acquisition: Provided, That the sale or disposition of
the stock to the applicant was duly reported to the DENR, DA or PCSD by the source;
Provided, further, That, the wildlife sold or disposed are limited to those allowable
under Sections 20 and 23 of this Act; and

(c) Progenies or offspring of duly registered parental wildlife stocks.

Possession of registered wildlife species shall be subject to the conditions under
Section 12. When a registered threatened species is needed for breeding, propagation
or research purposes, the State may acquire the registered wildlife from any person
through a mutually acceptable arrangement. (26a)

ARTICLE V
Critical Habitats

SEC. 28. Establishment of Critical Habitats. ~The Secretary or PCSD shall
designate critical habitats outside protected areas under Republic Act No. 7586, where
threatened species are found. Such designation shall be made on the basis of the best
scientific data taking into consideration species endemicity and/or richness, presence
of man-made pressures/threats to the survival of wildlife living in the area, among

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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
destruction which may be detrimental to the survival of the threatened species
dependent therein. For such purpose, the Secretary or PCSD may acquire, by purchase,
donation or expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings appropriate in protecting the
critical habitat. (25a)

CHAPTER IV
WILDLIFE CRIME

ARTICLE I
legal Acts

SEC. 29. Illegal Acts. - Unless otherwise allowed in accordance with this Act,
it shall be unlawful for any person to willfully and knowingly undertake, or to induce,
solicit or employ another person to undertake, the following acts: (27a)

(a) killing and/or destroying wildlife species, including causing death or
destruction as a result of any violation of this Act, except in the following instances;
(27[ala)

(i) when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities; (27[a][i)

(ii) when the wildlife is afflicted with an incurable communicable disease;
27[a) fii)

(iii) when it is deemed necessary to put an end to the misery suffered by
the wildlife; (27[a][iii])

(iv) when it is done to prevent an imminent danger to the life or limb of a
human being; (27{alliv])

(v) when the wildlife is killed or destroyed after it has been used in
authorized research or experiments; and (27[a][v])

(vi) when done for the purpose of wildlife population management or
eradication of invasive alien species, as authorized by the DENR, DA
or PCSD." (n)

(b) inflicting injury which cripples and/or impairs the reproductive system of
wildlife species; (27{b])

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

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(i) dumping of waste products detrimental to wildlifeand/or the critical
habitat; (27[c]fiJa)

i) squatting or otherwise illegally occupying any portion of the critical
habitat; (27[c][iiJa)

(iii) mineral exploration and/or extraction, treasure-hunting and/or
prospecting; (27{c]|iiiJa)

(iv) burning; (27[c][iv])
(v) logging; and (27[c][v])
(vi) quarrying.(27[c][vi])
(d) introduction, reintroduction or restocking of wildlife resources; (27[d])
(e) trading or attempting to trade wildlife, wildlife by-products and/or
derivatives, including advertising, contracting or offering for the purpose of sale or

procurement of wildlife, wildlife by-products and/or derivatives; (27[e]a)

(f) collecting, hunting or possessing wildlife, wildlife by-products and/or
derivatives; (27[f]a)

(g) gathering or destroying of active nests, nest trees, host plants and the like;
27[g])

(h) maltreating and/or inflicting other injuries not covered by the preceding
paragraphs; (27[h])

(i) transporting of wildlife; and (27[i])
(i) wildlife laundering. (n)

ARTICLE I
Penalties

SEC. 30. Penalties for Violations of this Act. - For any person who undertakes illegal
acts under paragraph (a) of the immediately preceding section to any species as may be
categorized pursuant to this Act, the following penalties and fines shall be imposed:

(a) imprisonment of reclusion temporal (from 12 years and 1 day to 20 years)
and a fine of Two hundred thousand pesos (P200,000.00) to Two million pesos
(P2,000,000.00), if inflicted or undertaken against species listed as critically
endangered;

(b) imprisonment of prision mayor(from 6 years and | day to 12 years) and a

fine of One hundred thousand pesos (P100,000.00) to One Million
(P1,000,000.00) if inflicted or undertaken against endangered species;

14


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(©) imprisonment of prision correccional in its medium and maximum period
(From 2 years, 4 months and 1 day to 6 years) and a fine of Sixty thousand pesos
(P60,000.00) to Six hundred thousand pesos (P600,000.00), if inflicted or
undertaken against vulnerable species;

(d) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Forty thousand pesos
(P40,000.00) to Four hundred thousand pesos (P400,000.00) if inflicted or
undertaken against near threatened species; and

(c) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against other wildlife species.

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

(a) imprisonment of prision correccional in its maximum period (from 4 years,
2 months and 1 day to 6 years) and a fine of One hundred thousand pesos
(100,000.00) to One Million pesos (P1,000,000.00), if inflicted or undertaken
against species listed as critically endangered;

(b) imprisonment of prision correccional in its medium period (from 2 years, 4
months and 1 day to 4 years and 2 months) and a fine of Sixty thousand pesos
(P60,000.00) to Four hundred thousand pesos (P400,000.00), if inflicted or
undertaken against endangered species;

(©) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Forty thousand pesos
(P40,000.00) to Four hundred thousand pesos (P400,000.00), if inflicted or
undertaken against vulnerable species;

(d) imprisonment ofprision correccional in its minimum period (from 6 months
and I day to 2 years and 4 months) and fine of Twenty thousand pesos
(P20,000.00) to Onehundred thousand pesos (P100,000.00), if inflicted or
undertaken against near threatened species; and

) imprisonment of arresto mayor(from 1 month and 1 day to 6 months) and a
fine of Ten thousand pesos (P10,000.00) to Forty thousand pesos (P40,000.00),
if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (c) and (d) of the immediately preceding
section, an imprisonment of arresto mayor to prision mayor in its minimum period
(from I month and 1 day to 8 years) and a fine of Ten thousand pesos (P10,000.00) to
Ten million pesos (P10,000,000.00) shall be imposed. If critical habitat requires
rehabilitation or restoration as determined by the Court, the offender shall be
additionally required to restore the same, whenever practicable, or pay additional
compensation for the damage caused.


588
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622
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626

For illegal acts under paragraph (e), the following penalties and fines shall be

imposed:

(a) imprisonment of prision correccional in its maximum period (from 4 years,
2 months and | day to 6 years) and a fine of Fifty thousand pesos (P50,000.00)
to Six hundred thousand pesos (P600,000.00), if involving species listed as
critically endangered;

(b) imprisonment of prision correccional in its medium period (from 2 years, 4
months and I day to 4 years and 2 months)and a fine of Thirty thousand pesos
(P30,000.00) to Four hundred thousand pesos (P400,000.00), if involving
endangered species;

(c) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) anda fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if involving
vulnerable species;

(d) imprisonment of arresto mayor (from 1 month and 1 day to 6 months) and
a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if involving species listed as near threatened species; and

(e) imprisonment of arresto menor in its medium period and maximum period
(from 11 to 30 days) and a fine of Five thousandpesos (P5,000.00) to Forty
thousand pesos (P40,000.00), if involving other wildlife species.

For illegal acts under paragraphs (f) and (g) of the immediately preceding

section, the following penalties and fines shall be imposed:

a) imprisonment of prision correccional in its medium period (from 2 years, 4
months and | day to 4 years and 2 months) and a fine of Sixty thousand pesos
(P60,000.00) to Six hundred thousand pesos (P600,000.00), if inflicted or
undertaken against species listed as critically endangered;

(b) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Forty thousand pesos
(P40,000.00) to Four hundred thousand pesos (P400,000.00), if inflicted or
undertaken against endangered species;

(c) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against vulnerable species;

(d) imprisonment of arresto mayor (from 1 month and 1 day to 6 months) and
a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P100,000.00), if inflicted or undertaken against species as near threatened
species; and

(©) imprisonment of arresto menor in its medium period and maximum period

16


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666

(from 11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten
thousand pesos (P10,000.00), if inflicted or undertaken against other wildlife
species: Provided, That in case of paragraph (f), where the acts were perpetuated
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 fines shall be imposed:

(a) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of One hundred thousand pesos
(P100,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or
undertaken against species listed as critically endangered;

(b) imprisonment of arresto mayorin its maximum period (from 4 months and
1 day to 6 months) and a fine of Forty thousand pesos (P40,000.00) to One
hundred thousand pesos (P100,000.00), if inflicted or undertaken against
endangered species;

(©) imprisonment of arresto mayor in its minimum and medium period(from 1
month to 4 months) and a fine of Ten thousand pesos (P10,000.00) to Forty
thousand pesos (P40,000.00), if inflicted or undertaken against vulnerable

species;

(4) imprisonment of arresto menor in its medium period and maximum period
(from 11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten
thousand pesos (P10,000.00), if inflicted or undertaken against species listed as
near threatened species;

(©) imprisonment of arresto menor in its minimum period (from 1 to 10 days)
anda fine of Five hundred pesos (PS00.00) to Two thousand pesos (P2,000.00),
if inflicted or undertaken against other wildlife species.

For illegal acts under paragraph (j), the following penalties and fines shall be

imposed:

(a) imprisonment of prision correccional in its maximum period (from 4 years,
2 months and 1 day to 6 years) and a fine of Fifty thousand pesos (P50,000.00)
to Six hundred thousand pesos (P600,000.00), if involving species listed as
critically endangered;

(b) imprisonment of prision correccional in its medium period (from 2 years, 4
months and 1 day to 4 years and 2 months) and a fine of Thirty thousand pesos
(P30,000.00) to Four hundred thousand pesos (P400,000.00), if involving
endangered species;

(c) imprisonment of prision correccional in its minimum period (from 6 months
and 1 day to 2 years and 4 months) and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if involving
vulnerable species;


667
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669

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673
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681
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695,

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707

(@) imprisonment of arresto mayor(from | month and | day to 6 months) and a
fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
(P 100,000.00), if involving species listed as near threatened species; and

(e) imprisonment of arresto menor in its mendium period and maximum period
(from 11 to 30 days) and a fine of Five thousand pesos (P5,000.00) to Forty
thousand pesos (P40,000.00), if involving other wildlife species.

SEC. 31. AdditionalCriminal liabilities (a) If the violation is committed by a
corporation, cooperative, association or any other juridical person, such as but not
limited to airfreight, shipping, trucking or forwarding companies, the penalty shall be
imposed upon the president, director or directors, managers, managing partner, or other
official thereof responsible for such violation. Provided That, that the amount/s of the
fine shall be doubled; Provided, further, That the liability imposed on the juridical
person shall be without prejudice to the criminal liability of the natural person who
actually committed the offense.

(6) Any government official or employee who violates this Act, shall, in
addition to the penalty which may be imposed upon him as principal, shall be
perpetually disqualified from holding any public office.

©) Any person convicted of a violation of this Act shall be permanently and
perpetually disqualified from being issued with any wildlife permits, clearances,
agreements and/or certificates. (n)

SEC. 32. Civil liabilities. — Civil action for the recovery of civil liability arising
from the offense charged shall be included in the criminal action or separately filed.
Civil liabilities are separate from criminal and administrative liabilities and shall
include costs for maintenance of apprehended live wildlife species, economic
reparations, or indemnification or repairing environment damage, among others.

SEC. 32. Escalation of the amount of fines. - The fines herein prescribed shall
automatically increase, without need for further legislation or administrative issuance,
by ten percent (10%) every three (3) years from the effectivity of this Act to maintain
the deterrent function of such fines.(28a)

ARTICLE III
Disputable Presumptions and Qualifying Circumstances

SEC. 33. Disputable presumptions. - Without the appropriate wildlife permit,
certification or clearance, or authority, at the time of apprehension, the following shall
constitute prima facie evidence of the corresponding illegal acts punishable under this
Act:

(a) Possession of any hunting, trapping or collecting paraphernalia along with
live or dead wildlife, wildlife products and derivatives shall be a disputable presumption
that the possessor caused the killing and/or destruction, infliction of injury,
maltreatment, collection, hunting of wildlife, wildlife by-products and/or derivatives,
‘as appropriate;



708

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741
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743
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745

(b) Presence of fresh and/or dried blood, by-products or derivatives of the
wildlife, with or without the tools, equipment and/or paraphernalia derivatives, shall be
a disputable presumption of the killing and/or destruction of, or inflicting injury to, the
wildlife species involved;

(©) Entry into areas designated as critical habitats while in possession of hunting,
trapping or collecting paraphernalia shall be a disputable presumption that the person
intends to collect, hunt or gather wildlife resources thereat; and

(f) Failure on the part of any airfreight, shipping, trucking or forwarding
company, or any parcel or mail delivery service providers from whose possession the
wildlife, wildlife by-products and/or derivatives are discovered or seized to fully
cooperate in the investigation by concerned government authorities on the matter shall
create a presumption that there is connivance or conspiracy between the
company/service provider and the shipper to violate the provisions of this Act. (n)

SEC. 34. Qualifying Circumstances. ~ Each wildlife specimen shall constitute
a separate and distinct count of an illegal act. The imposition of penalties shall be
qualified according to the following circumstances:

a. If more than one (1) specimen of a critically endangered species is involved,
the maximum penalty shall be imposed;

b. If more than five (5) of specimens of an endangered species is involved, the
maximum penalty shall be imposed;

c. If more than eight (8) specimens of a vulnerable species is involved, the
maximum penalty shall be imposed;

d. If more than ten (10) specimens of a near threatened species is involved, the
maximum penalty shall be imposed;

e. If more than fifteen (15) specimens of other wildlife species is involved, the
maximum penalty shall be imposed;

d.. Ifmore than twenty (20) wildlife specimens of any classification is involved,
the maximum penalty shall be imposed;

¢. If the prohibited act is committed in a large scale and/or by a syndicate, the
penalty of twice the maximum penalty imposable shall be imposed. A prohibited act is
deemed large scale when the total number of wildlife specimens involved is more than
thirty (30). A prohibited act is deemed committed by a syndicate if more than three (3)
persons are involved;

d. If the prohibited act committed involves the inducement of indigenous
peoples, the maximum penalty shall be imposed. (n)

SEC 35. Penalties for recidivists. - The maximum applicable penalty shall be

imposed upon a recidivist who commits any of the illegal acts punishable under this
‘Act. A recidivist shall mean a person who, at the time of his or her trial for a violation

19


746
747

748
749
750

751
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753

754
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763
764
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769
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781
782
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784

785
786
787
788
789

of this Act, shall have been previously convicted by final judgment of the same or
another violation of this Act. (n)

SEC 36. Liability under Other Laws. - Prosecution for violation of this Act shall
be without prejudice to the prosecution of the offender for violation of other laws, rules
and regulations. (n)

ARTICLE IV
Administrative Adjudication

SEC. 37. Authority to adjudicate and administer penalties. — The Secretary or
PCSD or their respective authorized representatives are authorized to exercise
administrative adjudication confiscation and forfeiture powers, including the power to
cite in contempt, in all cases of violations of this Act and may impose administrative
sanctions such as payment of fines, and/or order the suspension or cancellation of
existing wildlife permits and disqualification from issuance of future permits, the
closure of establishment, and/or the confiscation and forfeiture of all wildlife, wildlife
by-products and/or derivatives,and all paraphernalia, tools and conveyances used in
connection with the violation, and to dispose of the same in accordance with pertinent
laws, regulations or policies on the matter. The Secretary or PCSD or their respective
authorized representatives may, after due notice and hearing, cancel or suspend wildlife
permits, clearances, agreements and/or certificates due to violation of this Act, its
implementing rules and regulations, and/or the terms of the permits, agreements or
certificates. The Secretary or PCSD shall issue appropriate procedural rules and
regulations on administrative adjudication of violations of this Act.(n)

CHAPTER IV
WILDLIFE LAW ENFORCEMENT

SEC. 39. Creation of Plantilla Positions for Wildlife Law Enforcement. — The
DA, DENR and PCSD are hereby authorized to create, subject to existing guidelines,
permanent positions of Wildlife Enforcement Agents, or designate their existing
permanent employees as such from their respective enforcement units. Such Wildlife
Enforcement Agents shall have full authority to conduct enforcement activities to
enforce the provisions of this Act such as, but not limited to, the conduct of surveillance
activities, investigation, application and implementation of search warrants, arrests of
violators and seizures of illegally possessed, collected, traded or transported wildlife,
their by-products and derivatives including the conveyances, tools and implements used
thereto. Wildlife Enforcement Agents are authorized to carry their agency's badge and
government firearms in the conduct of their duties, subject to the existing rules on
firearms and after proper training from any government facility.

SEC. 39. Deputation of Wildlife Enforcement Officers. - The Secretary and
PCSD shall deputize wildlife enforcement officers from nongovernment organizations,
citizens groups, community organizations, local government units and other volunteers
who have undergone necessary training for this purpose. The Philippine National Police
(PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation

20


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792
793

794
795
796
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799
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802

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821
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826
827
828

829
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831
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833

(NBD, the Bureau of Customs and other law enforcement agencies shall designate
wildlife enforcement officers. As such, the wild 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. (30a)

SEC. 40. 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. For this
purpose, the DENR, DA or PCSD are authorized to add in their staffing pattern Wildlife
Inspectors, to be assigned at WTMUs, who shall have the same powers and authorities
as of the Wildlife Enforcement Officers. National government agencies with mandates
‘on transportation and local government units shall provide necessary assistance to such
wildlife traffic monitoring units.

Customs officers and/or authorized representatives from other government
agencies or instrumentalities such as, but not limited to, those from the Office for
Transportation Security (OTS), the Civil Aviation Authority of the Philippines
(CAAP), assigned at air or seaports who may have discovered or intercepted wildlife
commodities in the discharge of their official functions shall bring such discovery to
the attention of, and/or turn over the intercepted wildlife, wildlife by-products and/or
derivatives to, the wildlife traffic monitoring unit assigned in the area. (33a)

SEC. 41. Wildlife regulatory and law enforcement information system. — The
Secretary and PCSD shall develop, establish and maintain a wildlife law enforcement
management information system to aid in the monitoring, regulation, control and
surveillance of activities involving wildlife, particularly the possession, transport and
trade of wildlife, wildlife by-products and derivatives. (n)

SEC. 43. Role of Local Government Units. — Local government units shall
support the DENR, DA and PCSD in the implementation of this Act. Local government
units shall require the presentation of the appropriate and duly issued wildlife permits
and/or clearances by persons engaged in business activities involving wildlife as a pre-
requisite for the issuance or renewal of business permits and other applicable local
government permits and clearances to such persons. (n)

SEC. 44. Public Participation. - The participation of the private citizens in
reporting and providing information on illegal wildlife trade shall be encouraged. Any
private person who shall provide any information leading to the apprehension,
prosecution and/or conviction of any offender for any violation of this Act and its
implementing rules and regulations, or confiscation of wildlife, its derivatives or by-
products, and all paraphernalia, tools and conveyances used in connection with the
violation, may be given a reward in an amount to be determined through a policy
guideline issued by the Secretary or the PCSD. (n)

SEC. 38. Strategic Lawsuit Against Public Participation (SLAPP) in the
Enforcement of this Act. ~ A legal action filed to harass, vex, exert undue pressure, or
stifle any legal recourse that any person, institution, or the government has taken or
may take in the enforcement of this Act shall be treated as a Strategic Lawsuit Against
Public Participation (SLAPP).

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The hearing on the defense of a SLAPP shall be summary in nature, the
affirmative defense of a SLAPP shall be resolved within thirty (30) days after the
summary hearing. If the court dismisses the action, the court may award damages,
attorney's fees, and costs of suit under a counterclaim if such has been filed. The
dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the
summary hearing shall be treated as evidence of the parties on the merits of the case.
The action shall proceed in accordance with the Rules of Court.

The Rules of Procedure for Environmental Cases shall govern the procedure in
civil, criminal, and special civil actions involving the enforcement or violations of this
Act including actions treated as a SLAPP as provided in this section. (n)

CHAPTER VI
MISCELLANEOUS PROVISIONS

SEC. 45. Wildlife Management Fund. ~ The are hereby established Wildlife
Management Fundseach to be administered by the DENR, DA and PCSD 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, procurement of vehicles, firearms and
ammunitions, as well as enhancement of capabilities of relevant agencies. The Wildlife
Management Fund may also be used for establishment of intelligence or confidential
funds for confidential law enforcement operations.

‘The Fund shall be derived from administrative and criminal fines imposed, civil
liabilities and damages awarded, proceeds from allowable disposition of wildlife,
wildlife by-products and derivatives, fees, charges, donations, endowments,
administrative fees or grants in the form of contributions. Contributions to the Fund
shall be exempted from donor taxes and all other tax charges or fees imposed by the
government. The administrative and criminal fines imposed, civil liabilities and
damages awarded shall accrue to the Wildlife Management Fund of the DA, DENR or
PCSD as the case may be.(29a)

SEC. 46, Exemption from taxes - Any donation, contribution, bequest, subsidy
or financial aid which may be made to the DENR, DA, PCSD and to NGOs and peoples
organizations engaged in wildlife conservation, protection and law enforcement duly
registered with the Securities and Exchange Commission or the Cooperative
Development Authority, as certified by the local government unit, the DENR, DA or
PSCD, 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. (34a)

SEC. 47. Wildlife Rescue Center. - The Secretary shall establish or designate

wildlife rescue centers to take temporary custody and care of all confiscated, abandoned
and/or donated wildlife to ensure their welfare and well-being. Such wildlife rescue

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centers shall be staffed by permanent qualified personnel and shall also have the
necessary tools, machines, equipment and facilities consistent with the requirements of
animal health and welfare. The Secretary shall formulate guidelines for the disposition
of wildlife from the rescue centers.(32a)

SEC. 48. Establishment of National Wildlife Research Centers. - The Secretary
and PCSD shall establish national and local wildlife research centers, as the case may
be, for terrestrial and aquatic species to lead in the conduct of scientific researches on
the proper strategies for the conservation and protection of wildlife, including captive
breeding or propagation. Such research centers shall be staffed by permanent qualified
personnel and shall also have the necessary tools, machines, equipment and facilities to
conduct forensic analyses and other related capabilities for wildlife law enforcement.
In this regard, the Secretary and PCSD shall establish partnerships with experts from
academic and research institutions and the legitimate wildlife trade industry. (31a)

SEC. 49. Flagship Species. - Local government units shall initiate conservation
measures for wildlife species in their areas. For this purpose, they may adopt flagship
species such as the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus
mindorensis), Philippine tarsier (Tarsius syrichta), Philippine teak (Tectona
hilippinensis), which shall serve as emblems of conservation for the local government
concerned. The Secretary or PCSD or their authorized representatives may provide
guidelines on the selection of flagship species. (35a)

SEC. 50. Heritage trees, — In coordination with and with assistance from the
DENR or PCSD, local government units shall declare or designate as heritage trees
certain qualified endemic or indigenous tree species within their territorial jurisdiction.
The Secretary or PCSD or their authorized representatives may provide guidelines on
the selection of heritage trees. (n)

SEC. 51. Botanical Gardens, Zoological Parks and Other Similar
Establishments. - The Secretary shall regulate the establishment, operation and
maintenance of botanical gardens, zoological parks and other similar establishments for
recreation, education and conservation.

SEC. 52. Registration of museum specimens. - Except for the National Museum,
all other museums and similar establishments displaying wildlife by-products and
derivatives for public viewing shall register said specimens with the DENR, DA or
PCSD, as the case may be.(36a)

SEC. 52. Communication, Education and Public Awareness. - The DENR, DA
and PCSD shall undertake wildlife information awareness and wildlife crime
prevention activities in coordination with and with assistance from the other national
agencies and local government units. (n)

CHAPTER VII
FINAL PROVISIONS,

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SEC. 53. Approriations. - The amount of Fifty million pesos
(PhPS0,000,000.00) shall be appropriated annually for the implementation of this Act.It
shall be proportionately distributed to DENR, DA and PCSD. (38a)

SEC. 54. Implementing Rules and Regulations. - Within twelve (12) months
following the effectivity of this Act, the Secretaries shall jointly promulgate the
implementing rules and regulations for the effective implementation of this Act.
Whenever appropriate, coordination in the preparation and implementation of rules and
regulations on joint and inseparable issues shall be done by the DENR, DA and PCSD.
‘The commitments of the State to international agreements and protocols shall likewise
be a consideration in the implementation of this Act. (37a)

SEC. 55. Construction. - The provisions of this Act shall be liberally construed
in favor of the conservation and protection of wildlife species and their habitats as
defined in this Act, toward the promotion of ecological balance and enhancement of
biological diversity. (n)

SEC. 56. Report to Congress. The Secretary or PCSD shall report to Congress,
not later than March 30 of every year following the approval of this Act, the progress
of efforts to conserve and protect Philippine wildlife resources and make the necessary
recommendations in areas where there is need for legislative action. (n)

SEC. 57. Joint Congressional Oversight Committee. - There is hereby created a
Joint Congressional Oversight Committee to monitor and oversee the implementation
of the provisions of this Act. The Committee shall be composed of six (6) members
from the Senate and six (6) members from the House of Representatives with the
Chairpersons of the Committees on Environment and Ecology of the Senate and the
House of Representatives, respectively, as joint Chairpersons of the Joint Committee.
The five (5) other members from each Chamber are to be designated by the Senate
President and the Speaker of the House of Representatives, respectively. The minority
shall be entitled to pro rata representation but shall have at least two (2) representatives
from each Chamber. (n)

SEC. 58. Mandatory Review. - At least once every five (5) years after the
effectivity of this Act, or as the need arises, the Congressional Oversight Committee
shall undertake the mandatory review of this Act.

SEC. 59. 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. (39)

SEC. 60. Repealing Clause. — Republic Act No. 9147 is hereby repealed. All
other laws, ordinances, orders, rules, regulations and other issuances or parts thereof
which are inconsistent with this Act are hereby repealed or amended accordingly. (40a)

SEC. 61. Transitory provisions. - All rules and regulations issued pursuant to
Republic Act No. 9147 shall remain in full force and effect until repealed, revised or
otherwise modified by subsequent issuances. (n)

SEC. 61. Effectivity. - This Act shall take effect fifteen (15) days after

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958 publication in the OfficialGazette or two (2) newspapers of general circulation. (41)

959 Approved,

25