RECEIVED.

REPUBLIC OF THE PHILIPPINES Der 02 2018
HOUSE OF REPRESENTATIVES ATE:

SEVENTEENTH CONGRESS
Second Regular Session

8339

House Bill No.

"RODUCED BY HON. JOSEPHINE Y. RAMIREZ-SATO

AN ACT PROVIDING FOR THE COLLECTION, CHARACTERIZATION, CON-
SERVATION, PROTECTION, SUSTAINABLE USE OF AND ACCESS TO AND
BENEFIT SHARING OF PLANT GENETIC RESOURCES FOR FOOD AND AGRI-
‘CULTURE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Plant genetic resources for food and agriculture are any genetic material of plant origin of actual
or potential value for food and agriculture (International Treaty on Plant Genetic Resources for
Food and Agriculture, Food and Agriculture Organization of the United Nations).

Plant genetic resources are fundamental building blocks for agriculture development and pro-
duction as they can carry important traits that can be utilized for the breeding for new or im-
proved plant varieties.

The government recognizes the importance of the conservation and sustainable utilization of
plant genetic resources for food and agriculture (PGRFA) to enable the country to attain food
self-sufficiency, adapt to climate change, and address other threats to food security. In the Phil-
ippines, over 3000 plants are utilized for food, feed, shelter, fiber, fuel, medicine, omamentals
and ornaments. The plant genetic resources (PGR) are important facet of our country’s cultural
heritage. Furthermore, an extensive number of plants are of significant cultural value to local
communities, as a symbol in religion, folklore, rituals and the arts.

On September 18, 2006, the Philippines acceded to the International Treaty on Plant and Ge-
netic Resources for Food and Agriculture (ITPGRFA or the Treaty), an international agreement
within the framework of the United Nations Food and Agriculture Organization, with the ob-
jectives of conservation and sustainable use of plant genetic resources (PGR) for food and ag-
riculture and the fair and equitable sharing of benefits arising out of their use, in harmony with
the Convention on Biological Diversity, for sustainable agriculture and food security.


The Treaty came into being as plant genetic resources is a common concem of all countries,
that is, all countries depend largely on plant genetic resources for food and agriculture that
originate elsewhere. This indicates that all countries are dependent on other countries for plant
genetic resources. Thus, there is no country that is self - sufficient in plant genetic resources.

The Treaty formalizes a system of multilateral system of access to and benefit sharing of plant
genetic resources. Such access begins with plant genetic resources identified in Annex I of the
Treaty, the so-called Multilateral System (MLS) of exchange. The importance therefore of this
‘Treaty is that the Philippines as a Party, can provide access to Annex 1 PGR it has sovereign
rights over. At the same time, Philippines can access Annex 1 plant genetic resources found
in Contracting Parties and not available in the country. The sharing of Annex 1 PGR is for the
purpose of utilization and conservation for research, breeding and training for food and agri-
culture. In addition to the multilateral system, the Treaty establishes provisions on farmers’
rights, conservation and sustainable use and ex-situ conservation. The Treaty supports conser-
vation of agricultural biological diversity which is important to the Philippine agriculture.

Asa Contracting Party, the Philippines needs to put into place a domestic framework to imple-
ment the critical provisions on access and benefit sharing of the country’s plant genetic re-
sources, conservation and protection of, preservation of PGR and agro-biodiversity including
due recognition to Farmers’ Rights and participation in the multilateral system.

Given the importance of this measure to the country’s agriculture development, I propose the
prioritization and immediate passage of this proposed legislation.

«
HONAOSEFHIVE Y. IZ SATO
Lofe Disufift, Ofcidental fo


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SEVENTENTH CONGRESS
Second Regular Session

House Bill No. 8339

INTRODUCED BY REP. JOSEPHINE Y. RAMIREZ SATO

AN ACT PROVIDING FOR THE COLLECTION, CHARACTERIZATION,
CONSERVATION, PROTECTION, SUSTAINABLE USE OF AND ACCESS TO AND
BENEFIT SHARING OF PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE, 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 “Plant Genetic Resources Sustainable Use
and Protection Act”

Section 2. Declaration of Policy. - It shall be the policy of State to(i) protect and promote the
right to health of the people which includes the right to food; (ii) control and supervise the
exploration, development and utilization of wildlife, flora and fauna and other natural
resources owned by the State and their habitats in order to conserve, protect and encourage
the sustainable its sustainable use to enable the country to attain self-sufficiency, adapt to
climate change, and address threats to food security., and (iii) recognize that science and
technology are essential for national development and progress. In pursuit of this Policy, this
Act shall have the following objectives:

(a) Promote the survey, inventory, and database of plant genetic resources for
food and agriculture, taking into account the status and degrees of variation in
existing populations, including those that are of potential use and, as feasible,
assess any threats to them;

(b) promote the collection of plant genetic resources for food and agriculture and
relevant associated information on plant genetic resources that are under threat
or are of potential use;


(©) promote and support farmers’ and local and indigenous communities’ efforts
to manage and conserve on-farm their plant genetic resources for food and agri
of agro-biodiversity;

(@) promote in situ conservation of all crops, including wild crop relatives and
wild plants for food production, and those in protected areas, by supporting,
among others, the efforts of local and indigenous communities;

(¢) promote the development of an efficient and sustainable system of ex situ
conservation and the development and transfer of appropriate technologies for
such with a view to improving the sustainable use of plant genetic resources
for food and agriculture;

( pursue fair agricultural policies that promote the development and
maintenance of diverse farming systems through national policies and local
ordinances that enhance the sustainable use of agricultural biodiversity and
other natural resources;

(g) implement a national research and development agenda, including promoting
farmer-led participatory research, which enhances and conserves biological
diversity by maximizing intra- and inter-specific variation for the benefit of
farmers, especially those who generate and use their own varieties and
enhances knowledge on ecological principles in maintaining soil fertility and
combating diseases, weeds, and pests;

(h) promote plant breeding efforts, including participatory plant breeding, which
strengthen the capacity to develop varieties particularly adapted to social,
economic, and ecological conditions in the country, including in marginal
areas;

(i) broaden the genetic base of crops and increasing the range of genetic diversity
available to farmers for breeding and production purposes; through among
others, the promotion of a traditional system of seed production available to
farmers both for breeding and production purposes

() promote the expanded use of locally adapted crops, varieties and underutilized
species;

(k) support the wider use of diversity of varieties and species in on-farm
management, conservation and sustainable use of crops and creating strong
links to plant breeding and agricultural development in order to reduce crop
vulnerability and genetic erosion, and promote increased food production
compatible with sustainable development; and

() review and adjust breeding strategies and regulations concerning variety
release and distribution for the conservation and sustainable use of plant
genetic resources and towards enhancing efforts to mainstream participatory
plant breeding. Public research institutions shall release genetic materials to
small farmers for purposes of participatory research.


(m)Facilitate access to plant genetic resources for food and agriculture and
promote benefit sharing arising from their utilization

CHAPTER 2
DEFINITION OF TERMS

SEC. 3. Definition of Terms. As used in this Act, the term:

(a) “Convention” means the Convention on Biological Diversity.

(6) “Disclosure of country of origin” means the requirement that the resource user
declares, in all relevant applications for intellectual property rights or for product
development or marketing, the country from which the plant genetic resources for food and
agriculture came from.

(c) “Ex situ conservation” means the conservation of plant genetic resources for
food and agriculture outside their natural habitat.

(d) “Ex situ collection” means a collection of plant genetic resources for food and
agriculture maintained outside their natural habitat.

(©) “Genetic material” means any material of plant origin, including reproductive
and vegetative propagating material, containing functional units of heredity.

(“In situ conservation” means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations of species in their natural
surroundings and, in the case of domesticated or cultivated plant species, in the surroundings
where they have developed their distinctive properties.

(f) in-situ
In situ conservation(definition should consider the FAO and CBD definition)~Jn situ
conservation comprises two main methods of conservation (i) in situ conservation in
the strict sense, which involves conservation of wild genetic resources for food and
agriculture (PGRFA) in natural surroundings, and (ii) on-farm conservation which can
be understood as the conservation of mostly cultivated PGRFA in the agro-
ecosystems where they have evolved.

(g) “Indigenous communities/indigenous cultural communities” means groups of
people or homogenous societies identified by self-ascription and ascription by others, who
have continuously lived on, and occupied as, organized communities communally bounded
and defined territory under claims of ownership since time immemorial; and possess customs,
tradition and other distinctive cultural traits or who have, through resistance to political,
social and cultural inroads of colonization, non-indigenous religions and culture, have
become historically differentiated from the majority of Filipinos. The term includes peoples
who are regarded as indigenous on account of their descent from the populations which
inhabited the country, at the time of conquest or colonization, or at the time of inroads of

1RAO/ITPGRFA 2012


non-indigenous religions and cultures, or the establishment of present State boundaries, who
retain some or all of their own social, economic, cultural and political institutions, but who
may have been displaced from their traditional domains or who may have resettled outside
their ancestral domains.

(h) “ITPGRFA Governing Body” means all the contracting parties to the
International Treaty on Plant Genetic Resources for Food and Agriculture which, among
others, provide policy direction and guidance to monitor and adopt such recommendations as
may be necessary for the operation of the Multilateral System.

() “Local communities” means the residents living within or immediately
adjacent to the areas where the plant genetic resources for food and agriculture have been
collected and, in the case of domesticated or cultivated plant species, the surroundings where
they have developed their distinctive properties

() “MLS crops”, for purposes of this Order, means the crops notified by the
Philippines to the ITPGRFA for inclusion in the Multilateral System. The initial list of these
crops is shown in Annex 1.

(k) “Multilateral System” means the Multilateral System of Access and Benefits
Sharing established under the International Treaty on Plant Genetic Resources for Food and
Agriculture for the complementary and mutually-reinforcing purposes of facilitating access to
plant genetic resources for food and agriculture and sharing, in a fair and equitable manner,
the benefits arising from the utilization of these resources.

() “Plant genetic resources for food and agriculture” means any genetic material
of plant origin of actual or potential value for food and agriculture.

(m) “Public domain” means the absence of any intellectual property rights,
ancestral domain rights, or other rights that limit access to the plant genetic resources for food
and agriculture.

(n) “Secretary” means the Secretary of the Department of Agriculture.

(0) “Small farmers” means natural persons dependent on small-scale subsistence
farming as their primary source of income and whose sale, barter or exchange of agricultural
products do not exceed a gross value of one hundred eighty thousand pesos (P180,000) per
annum based on 1992 constant prices or such amount adjusted to inflation, devaluation and
consumer price index, as provided in Republic Act No. 7607, otherwise known as the
“Magna Carta of Small Farmers”.

(p) “Standard Material Transfer Agreement” means the written agreement that
grants a national of the Philippines or any Contracting Party to the Treaty access to genetic
materials of MLS crops under the terms and conditions adopted by the ITPGRFA Governing
Body at its first session in July 2006.

(@) “Sustainable use” means the use of plant genetic resources for food and
agriculture in a way and at a rate that does not lead to their long-term decline, thereby
maintaining its potential to meet the needs and aspirations of present and future generations.

() “Traditional knowledge” means knowledge, innovations and practices of
indigenous cultural communities and local communities embodying traditional lifestyles

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relevant to the conservation and sustainable use of plant genetic resources for food and
agriculture.

(8) “Treaty” means the International Treaty on Plant Genetic Resources for Food
and Agriculture, which was adopted by the Thirty-First session of the United Nations Food
and Agriculture Organization Conference on November 3, 2001 and entered into fore on
June 29, 2004.

() “Treaty Trust Fund” means the Trust Account established by the ITPGRFA
Governing Body for receiving and utilizing financial resources for purposes of implementing
the Treaty.

(u) "Variety” means a plant grouping, within a single botanical taxon of the
lowest known rank, defined by the reproducible expression of its distinguishing and other
genetic characteristics.

CHAPTER 3
SCOPE

SEC. 4, Scope - The provisions of this Act covers all plant genetic resources for food
and agriculture (PGRFA) found in the country without prejudice to the respective
mandates and jurisdiction of various government agencies involved in the regulation,
management and use, among others, as defined by existing laws, such as those in
protected areas under Republic Act No. 7586, otherwise known as the National
Integrated Protected Areas System Act, in critical habitats,{ and Republic Act 9147
otherwise known as the Wildlife Resources Conservation and Protection Act.} This
Act shall also apply to traditional knowledge associated with plant genetic resources
for food and agriculture within the scope of the Convention on Biological Diversity
and to the benefits arising from the utilization of such knowledge.

This Act also incorporates the domestic framework for the International Treaty
on Plant Genetic Resources for Food and Agriculture (ITPGRFA) to which the
Philippines acceded to in September 2006.

Chapter 4
INSTITUTIONAL FRAMEWORK FOR THE
CONSERVATION AND PROTECTION OF PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE

SEC. 5. Creation of a Plant Genetic Resources for Food and Agriculture Policy
Coordination Board - There is hereby created a Plant Genetic Resources Policy Coordination
Board, hereinafter referred to as the Board, with the following powers and functions:

(a) Establish the policies and procedures for coordination among agencies with a
mandate on the protection, conservation and sustainable use of and decision-
making for plant genetic resources for food and agriculture ;

(b) Coordinate the performance and implementation of the mandates of the
Department of Agriculture and its various units and bureaus, Institute of Plant
Breeding of the University of the Philippines at Los Banos, Department of


Environment and Natural Resources, Department of Science and Technology,
Philippine Coconut Authority, National Commission on Indigenous Peoples, State
Colleges and Universities, on plant genetic resources conservation, protection and
sustainable use.

(©) For the International Treaty on Plant Genetic Resources for Food and Agriculture,
encourage and monitor compliance by government agencies, whether national or
local, public research institutions, and government-owned and controlled
corporations with the obligations under the Multilateral systems of exchange

(@) Regularly submit reports to the Congress Committees on Agriculture and food,
and environment

(e) Accept grants and donations from local and international sources

SEC. 6. Organization - Within thirty days from the effectivity of this Act, the Secretaries of
the DA, the DENR, DOST shall organize the Board in accordance with the following rules:

(a) The Board shall be chaired by the DA Secretary and co-chaired by the Director of the
Institute of Plant Breeding of the University of the Philippines. The members of the
Board shall be the Heads of the DOST-PCARRD, NCIP, DENR, and three regional
representatives from State Colleges and Universities.

(b) The Board shall be assisted by administrative and technical secretariat at the DA.

(©) Within twelve months from the effectivity of this Act, the Board shall submit a
manual of operations containing the rules for the conduct of meetings and decision-
making.

SEC. 7. National Competent Authority and Focal Point. ~ The Department of Agriculture is
hereby designated as the national competent authority and national focal point for purposes of
the ITPGRFA.

As the national competent authority, the Department of Agriculture shall establish a
registry of material transfer agreements and act as repository of information relating to plant
genetic resources for food and agriculture. It shall survey, and within one year from the
effectivity of this Act, establish a databank of, plant genetic resources for food and
agriculture found in the country, taking into account the status and degree of variation in
existing populations, including those that are of potential use and, as feasible, assess any
threats to them.

As national focal point of the Treaty, it shall act as Clearing House for purposes of
communicating and coordinating with the United Nations Food and Agriculture Organization
on matters relating to the Treaty, including but not limited to the notification of collections
for their inclusion in the Multilateral System following the conditions set forth in this Order.
All communications to the ITPGRFA Governing Body shall be coursed through the
Department of Agriculture.

Chapter 5
ACCESS TO PLANT GENETIC RESOURCESFOR
FOOD AND AGRICULTURE


SEC. 84ccess to Plant Genetic Resources for Food and Agriculture. ~ Access to plant
genetic resources for food and agriculture found anywhere in the Philippines, including plants
acquired by purchase, barter or donation if they are used for their genetic materials, shall be
allowed only upon compliance with relevant bioprospecting laws and regulations’, which
require, inter alia, that free prior informed consent be obtained by the resource user from the
concemed indigenous cultural communities under Republic Act No. 837land its
Implementing Rules and Regulations, local communities, management board under Republic
‘Act No. 7586, or private individual or entity; and, if the applicant is a foreign entity or
individual, the active involvement by a local institution in the research, collection and,
whenever applicable and appropriate, in the technological development of the products
derived from the biological and genetic resources.

Sec. 9. Local Access to Genetic Materials. ~ The Department of Agriculture shall support and
encourage the access and exchange of genetic materials through community seed networks,
community seed banks, and government research and extension institutions. In consultation
with relevant government agencies, farmers’ organizations, civil society organizations, and
other stakeholders it shall establish polices and implement programs for this purpose within
one year from the effectivity of this Order.

Chapter 6
ACCESS TO CROPS UNDER THE MULTILATERAL SYSTEM OF EXCHANGE
UNDER THE INTERNATIONAL TREATY
ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE

SEC. 10. Crops in the Multilateral System of the International Treaty on Plant
Genetic Resources for Food and Agriculture (ITPGRFA). ~ All plant genetic resources for
food and agriculture except those under regulation, management and use among others as
defined by existing laws, such as those plant genetic resources in protected areas under
Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System
Act in critical habitats and Republic Act 9147, otherwise known as the Wildlife Resources
Conservation and Protection Act and which are:

(i) included in Annex 1 of the ITPGRFA;

(ii) found in the country;

(iii) under the management and control of any government agency, whether national
or local, or any government-owned or controlled corporation;

(iv) in the public domain; and

(v) have been notified by the Department of Agriculture to the ITPGRFA for
inclusion in Annex | of the Treaty,
shall be considered as MLS crops.

2 Joint DENR-DA-PCSD-NCIP Administrative Order no.1, “Guidelines for Bioprospecting Activities in the
Philippines,” pursuant to E.0. 247, RA 9147 (Wildlife Act), RA. 8373 (IPRA), RA 7586 (NIPAS), RA7360 Local
Gov't Code), RA 7611 (SEP for Palawan), RA 8550 (Fisheries Code),RA 7308 (Seed Act), RA 8423 (Traditional
Medicine Act), and other relevant laws.


Plant genetic resources for food and agriculture included in Annex 1 of the ITPGRFA
which are held by natural or juridical persons, other than the government, and which have
been voluntarily included by such persons in the Multilateral System shall also be considered
as MLS crops.

The Department of Agriculture, prior to notifying the ITPGRFA regarding the
inclusion of any crop in the Multilateral System, shall consult with the relevant stakeholders,
including small farmers, local communities, indigenous communities, and local scientists and
researchers. In order to ensure meaningful participation by these stakeholders, the
Department of Agriculture shall take steps to ensure transparency of the process and provide
them with relevant and timely information.

The Secretary shall invite all other holders of plant genetic resources for food and
agriculture listed in Annex 1 of the Treaty to include them in the Multilateral System.

The foregoing classification of crops included under MLS shall be without prejudice
to the existing jurisdiction provided under existing laws and the DA as the lead agency in the
implementation of this EO shall ensure the coordination with such agencies in implementing
this provision.

SEC. 11. Facilitated Access. - Any person who is: (i) a national of the Philippines; or
(ii) a national of another country which is a Contracting Party of the Treaty and which grants
the same privileges to Filipino citizens shall be entitled to access MLS crops found in ex situ
collections in the Philippines upon signing of a Standard Material Transfer Agreement with
the natural or juridical person which administers the ex situ collection or with the Department
of Agriculture for plant genetic resources for food and agriculture in in situ conditions and
are in the public domain. The Standard Material Transfer Agreement shall contain the
following conditions:

(@) access shall be provided solely for the purpose of utilization and
conservation for research, breeding and training for food and
agriculture, provided that such purpose does not include chemical,
pharmaceutical or other non-food/non-feed industrial uses.

(b) payment of a minimal fee, in the amount to be determined by the
Secretary, to recover the cost of providing access, provided that small
farmers and indigenous communities shall be exempt from payment of
such fees;

(©) recipient shall not claim any intellectual property or other rights that
limit the facilitated access to the plant genetic resources for food and
agriculture or their genetic parts or components in the form received
from the Multilateral System, including isolated and purified
deoxyribonucleic acid and ribonucleic acid molecules for which a
function has been defined;

(d) _ plant genetic resources for food and agriculture for which facilitated
access has been granted and which have been conserved shall continue
to be made available to the Multilateral System by the recipient under
the terms of the Treaty;


(©) recipient of the plant genetic resources for food and agriculture shall
require that the conditions of the Standard Material Transfer
‘Agreement shall apply to the transfer of plant genetic resources for
food and agriculture to another person or entity, as well as to any of
their subsequent transfers; and

(© in the event that the recipient commercializes a product that is, or is
derived from, a plant genetic resource for food and agriculture and that
incorporates material accessed from the Multilateral System, the
recipient shall pay to the Treaty Trust Fund an equitable share of
benefits arising from the commercialization of such product, except
when such a product is made available without restriction to others for
further research and breeding.

The Standard Material Transfer Agreement shall be as shown in Annex 2. The
Secretary, in consultation with holders of MLS crops, small farmers and indigenous peoples,
shall establish a simplified system of access for small farmers and indigenous peoples,
including providing access through local government units and farmers’ organizations or
nongovernmental organizations acting on behalf of small farmers or indigenous peoples duly
registered with the Bureau of Plant Industry.

The party transferring the genetic material shall furnish the Department of Agriculture
a copy of the duly executed Standard Material Transfer Agreement.

SEC. 12. Non-Facilitated Access. The transfer of: (i) genetic materials of MLS crops
to nationals of non-Parties to the Trea genetic materials of MLS crops to nationals of
Parties to the Treaty which do not grant the same privileges to citizens of the Philippines; (iii)
genetic materials of MLS crops for the purpose other than utilization and conservation for
research, breeding and training for food and agriculture (e.g., chemical, pharmaceutical
and/or other non-food/feed industrial uses) or (iv) genetic materials of any crop that is not
part of the Multilateral System shall be allowed only upon compliance with all requirements
of Republic Act No. 9147.

Chapter 7
FARMERS’ RIGHTS

SEC. 13.Farmers’ Rights. — The Farmers’ Rights include inter alia:

(a) respect, promotion and protection of traditional knowledge and indigenous
knowledge systems in relation to plant genetic resources for food and
agriculture against misappropriation or extinction. The government shall support
and promote local seed systems, including farmer-bred or discovered and
developed, varieties and traditional vari

(b) the right to equitably participate in sharing benefits arising from the utilization
of plant genetic resources for food and agriculture;

(©) the right to be informed and participate in making decisions, at the national
level, on matters related to the conservation and sustainable use, development
and protection of plant genetic resources for food and agriculture; and

(a) the right to save, use, exchange, improve and sell farm-saved seeds or
propagating material.



‘The Department of Agriculture, with the participation of relevant government agencies,
farmers’ organizations and other stakeholders encourage a further review of laws, policies,
rules and, regulations relating to plant genetic resources, including seed regulations, to
determine if they are consistent with Farmers’ Rights and recommend such actions as may be
needed to amend or modify them. The review shall include recommendations on how to
address violations of Farmers’ Rights, including the imposition of penalties.

‘The Secretary, in consultation with relevant government agencies, farmers’ organizations,
civil society organizations and others stakeholders, shall establish programs to protect and
promote Farmers’ Rights and community intellectual rights over plant genetic resources for
food and agriculture, particularly those of small farmers.

CHAPTER 8
TECHNOLOGY TRANSFER, DISCLOSURES AND BENEFIT-SHARING FUND

Sec. 14. Technology Transfer and Development.- The Department of Agriculture, in
cooperation with other relevant agencies, shall take appropriate measures to encourage
technology development with, and transfer of appropriate technology to, small farmers and
their organizations for the collection, characterization, conservation, protection and
sustainable use of plant genetic resources for food and agriculture.

SEC. 15. Disclosure of Country of Origin. — Any applicant for plant variety protection
or for product development or marketing shall disclose in his application the country of origin
of any plant genetic resource for food and agriculture or its genetic parts or components,
including isolated and purified deoxyribonucleic acid molecules for which a function has
been defined, which is subject of his application.

SEC. 16. Prohibition Against Patenting. - No patent shall be granted to any plant
genetic resource for food and agriculture, including its genetic parts or components regardless
of their form.

‘SEC. 17.Benefits-Sharing Fund. — A Benefit-Sharing Fund is hereby established for
the purpose, among others, of receiving grants and other contributions from the ITPGRFA
Governing Body and other donors in order to support initiatives of local communities,
indigenous communities, and small farmers, in the conservation and sustainable use of plant
genetic resources for food and agriculture.

SEC. 18.Information and Education Campaign. - The Department of Agriculture,
through the Bureau of Plant Industry, shall collaborate with the Provincial Agriculture
Officers and Municipal Agriculture Officers in educating and disseminating up-to-date
information to the various stakeholders in the country, particularly the holders of plants
genetic resources for food and agriculture, local scientists, small farmers, and indigenous
communities, on the collection, characterization, conservation, protection, and sustainable use
of plant genetic resources for food and agriculture.

Chapter 9

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VIOLATIONS AND PENALTIES

SEC. 19. Unreasonable Refusal to Allow Facilitated Access. — Any government
officer or employee who unreasonably refuses to allow facilitated access to any qualified
applicant to any MLS crop or information thereof despite the willingness of the applicant to
abide by the terms and conditions of the Standard Material Transfer Agreement stated in
Annex 2 shall be subject to administrative sanctions, including dismissal from civil service,
and/or a fine of One Hundred Thousand Pesos (P100,000.00)..

SEC. 20.Unauthorized Collection and Transport of MLS Crops. — Any person who
collects and transports outside the country any MLS crop without the requisite Standard
Material Transfer Agreement or Material Transfer Agreement, or abuses the rights granted to
him under any such agreements, shall be penalized in accordance with Section 28 of Republic
Act No. 9147, otherwise known as Wildlife Resources Conservation and Protection Act.

SEC. 21. Unauthorized Collection and Transport of Non-MLSCrops. - Any person
who collects and transports outside the country any plant genetic resources for food
agriculture that is not part of the Multilateral System in violation of Republic Act No. 9147
shall be proceeded against in accordance with such law.

CHAPTER X
MISCELLANEOUS PROVISIONS

SEC. 22/mplementing Rules and Regulations. — Within six months from the
effectivity of this Act, the Secretary of Agriculture, in consultation with the Department of
Science and Technology, Department of Environment and Natural Resources, National
Commission on Indigenous Peoples and other relevant government agencies, non-
governmental organizations, farmers organizations, public and private entities with ex situ
collections, public research institutions, and other stakeholders, shall promulgate the rules
and regulations for the effective implementation of this Act

SEC. 23. International Commitments. - The commitments of the Philippine
government to the UN Convention on Biological Diversity, inclusive of all relevant
agreements derived therefrom, and the International Treaty on Plant Genetic Resources for
Food and Agriculture under the United Nations Food and Agriculture Organization shall
likewise be a consideration in the implementation of this Order.

SEC. 24, Appropriations. ~ The amount necessary to implement the provisions of this
‘Act shall be charged against the appropriations of the Department of Agriculture in the
current General Appropriations Act. Thereafter, such sums as may be necessary to fully
implement the provisions of this Act shall be included in the annual General Appropriations
Act.

SEC. 25. Separability. — 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. 26. Repealing Clause. — All Acts, executive issuances, and rules and regulations

inconsistent with the provisions of this Act are hereby repealed, amended or modified,
accordingly.

1


SEC. 27. Effectivity. — This Act shall take effect fifteen (15) days after publication in
the Official Gazette or two newspapers of general circulation.

Approved,

12