Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILLNo,__728

Introduced by HONORABLE EDCEL “GREX” B. LAGMAN

EXPLANATORY NOTE

The Philippines’ plethora of lush islands, the country’s tropical location, and its
once extensive areas of rainforest have resulted in incredibly high levels of species
endemism. With more than 20,000 species of plants and animals indigenous to the
country, the biological richness of the Philippines has been hailed as “Galapagos times
ten” by Lawrence R. Heaney and Jacinto C. Regalado, Jr. in their book Vanishing
Treasures of the Philippine Rainforest.

The Philippines also has one of the highest human population densities in the
world. Due to population growth and demand for resources, the once vast forests of
the Philippines have vanished, and now only about seven percent of the country’s
original and old-growth forests remain.

As a result, many of the country’s unique species are in peril. Nearly 500 species
of plants and animals in the Philippines are currently threatened, and conservationists
fear that without immediate intervention, the Philippine hot spot is on the brink of an
extinction crisis.

The Philippine government has enacted various laws to protect the country’s
threatened species, including RA 9147 or the “Wildlife Resources Conservation and
Protection Act” and RA 7586 or the “National Integrated Protected Areas System
(NIPAS) Act”. There are also a number of existing laws aimed at protecting specific
threatened species such as marine turtles, whale sharks, marine mammals, the
Philippine crocodile, and the tamaraw, among others. These laws have unfortunately
not yet achieved their intended conservation impact due to problems in
implementation; poor coordination of various species protection efforts among NGOs,
universities and the government; a dearth of appropriate monitoring mechanisms; and
a lack of interest and participation by local communities and the private sector.

Therefore, despite these conservation efforts, population estimates for some
notable species, including the national bird of the Philippines, the Philippine Eagle, and
the largest mammal endemic to the country, the tamaraw, still continue to decline.

There is, fortunately, an opportunity to improve threatened species
conservation in the Philippines. Executive Order No. 578 created a new national policy
‘on biodiversity with the explicit objective of actively engaging the private sector and
local communities in conservation. The policy recognizes the need to protect, conserve,
and sustainably use the country’s biological resources to ensure and secure the well-
being of Filipinos, and calls on the government to work closely with the private sector -
a previously untapped resource for environmental efforts in the Philippines - to promote
biodiversity conservation consistent with economic development programs.


The “Adopt-A-Species Program”, which is strongly endorsed in this bill, seeks to
address major inhibiting factors to greater private sector participation in conservation
by providing not only incentives but also a strong science-based framework that will
guide programs and activities.

On 29 February 2008, the Palawan Council for Sustainable Development (PCSD)
adopted Resolution No. 08-353 A Resolution Endorsing the Immediate Approval
of the Proposed House Bill Authored by Congressman Edcel C. Lagman
Entitled, AN ACT ESTABLISHING AN ‘ADOPT-A-WILDLIFE SPECIES PROGRAM’
PROVIDING INCENTIVES THEREFOR AND FOR OTHER PURPOSES. The
Resolution cited among others the following merits and benefits of the bill: 1) It is “a
means to regulate the collection and trade of wildlife so as to promote protection
particularly of threatened species and their habitats as well as to prevent species
extinction;” 2) “The program enunciated in the proposed House Bill strengthens the
government’s efforts to conserve and protect biological diversity and promote
ecologically sustainable development;” and 3) “The House Bill further promotes
conservation of threatened species and their habitats by tapping the active participation
of the private sector and all other sectors of society.”

This bill was substituted by HB 05421 which was approved without amendment
and was subsequently passed on third and final reading by the House of
Representatives on 13 December 2011 and was duly transmitted to and received by the
Senate on 15 December 2011. The Senate, however, failed to approve the measure.

The 16" Congress is strongly urged to immediately pass this bill in order to
overcome the country’s setbacks in species conservation work.

EDCEL: EX” B. LA‘


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House erin. 728

Introduced by the HON. EDCEL “GREX” B. LAGMAN

AN ACT
ESTABLISHING AN “ADOPT-A-WILDLIFE SPECIES PROGRAM”, PROVIDING
INCENTIVES THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “Adopt-a-Wildlife Species Act
of 2010”.

SEC. 2. Declaration of Policy. The State is mandated under Sec. 16, Article
II of the Constitution to “protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.” Toward this end,
it is the policy of the State as declared under Republic Act No. 9147 to conserve the
country’s wildlife resources and their habitats for sustainability by: (a) conserving and
protecting wildlife species and their habitat to promote ecological balance and enhance
biological diversity; (b) regulating the collection and trade of wildlife; (c) pursuing with
due regard to the national interest the Philippine commitment to international
conventions on the protection of wildlife and their habitats; and (d) initiating or
supporting scientific studies on the conservation of biological diversity.

Consistent with this policy, the State under Republic Act No. 7586 has
established a National Integrated Protected Areas System (NIPAS) covering habitats of
rare, threatened and endangered species of plants and animals along with biographic
zones and related ecosystems.

SEC. 3. Adopt-a-Wildlife-Species Program. Pursuant to the aforesaid
national policy, there is hereby established an “Adopt-a-Wildlife-Species Program”
which shall be implemented in all appropriate areas of the country with the active
participation, involvement and assistance of Local Government Units (LGUs), Non-
Governmental Organizations (NGOs), People’s Organizations (POs), civil society groups
and private individuals.

The Program shall have the following objectives:

(a)To conserve and protect biological diversity and promote ecologically
sustainable development;

(b)To prevent species extinction and promote the protection of threatened
species and their habitats; and


(c) To encourage the conservation of threatened species and their habitats
through the active participation of the private sector and all other sectors of
society.

SEC. 4. Memorandum of Agreement. A Memorandum of Agreement (MOA)
stipulating the terms and conditions of the adoption shall be executed by and between
the adopting entity or individual and the Secretary of the Department of Environment
and Natural Resources (DENR), or the Secretary of the Department of Agriculture (DA),
or the Chairman of the Palawan Council for Sustainable Development (PCSD) or their
duly authorized representatives, whichever government agency has jurisdiction over the
selected wildlife species in accordance with Republic Act 9147;

The above parties, in preparing the MOA and in deciding the terms and
conditions to be included in it, must consider the following:

(a) The most efficient and effective use of available resources for the
conservation and protection of threatened species and/or its habitat;

(b)The minimization of any significant adverse social and economic
consequences;

(c) Measures by which the public may co-operate in the conservation of a
threatened species and/or its habitat;

(d) Special knowledge or interest that indigenous people may have in the species
and habitat concerned; and

(e) Acquiring expert and professional assistance.
The Memorandum of Agreement shall among others:

1. Identify the threatened species and/or its habitat that will be covered by the
program;

2. Identify any process or processes that threaten the species and/or its
habitat;

3. Specify measures to be undertaken to ensure the conservation and
protection of the threatened species and/or its habitat;

4. Enumerate performance indicators that are to be used in evaluating the
conservation and protection of the species and/or its habitat; and

5. Identify the private organizations or individuals and/or public authorities who
may be involved in the implementation of the measures included in the
Memorandum of Agreement.

The MOA shall be effective for at least two (2) years, which may be extended
upon mutual agreement of the parties; Provided, That such period may be shortened in
the event the adopting entity is dissolved or the adopting individual dies without any
willing and qualified successor before the expiration of the contract period, unless the
MOA Js earlier terminated in accordance with Section 6 hereunder; and Provided,
further, that if the adopting entity or individual chooses to assign the implementation of
the program to another qualified entity or individual, such assignment shall be in


writing to be approved by the head of the government agency concerned, or his/her
duly authorized representative.

SEC. 5. National Technical Committee and Regional Monitoring
Committee. The Secretary of the DENR, the Secretary of DA and the Chairman of
PCSD shall establish in their respective agencies the following committees:

(a) ‘A National Technical Committee (NTC) composed of ranking officials
and experts in the field of wildlife conservation and management,
including representatives from the private sector who are engaged in
biodiversity conservation, to formulate the design and mechanics of
implementation of the Program. The NTC shall likewise meet once
every three (3) months or as often as necessary to process project
proposals submitted by parties interested in participating in the
program, and submit appropriate recommendations to the concerned
government agency head.

(b) A Regional Monitoring Committee (RMC) composed of ranking
regional and PCSD officials down to the provincial and
municipal/community levels, to conduct periodic monitoring, review
and evaluation of the performance of the adopting entity or individual,
the results of which shall be the basis in the assessment of the
application for tax credits and incentives by the adopting entity or
individual, or in the pre-termination of the MOA when deemed
appropriate like in cases of abandonment or insolvency of the
adopting entity or individual or its serious violations of the MOA.

SEC. 6. Obligations of the Adopting Entity or Individual. The following
shall be the obligations of the adopting entity or individual:

(a) Comply strictly with the terms and conditions stipulated in the Memorandum
of Agreement referred to in Section 4 above; and

(b) Perform such other obligations or undertaking as may be required by the
national government agency having jurisdiction over the subject wildlife
species consistent with the conservation policies enunciated in RA 9147.

SEC. 7. Tax Exemption and Incentives. The adopting entity or individual
shall be entitled to the following tax exemptions and incentives:

(a) Exemption from the donor's tax for all donations and allied contributions to
the Program; and

(b) Deduction from the taxable income of the full amount of the donation,
contribution, bequest, subsidy or financial aid relative to the Program.

Valuation of assistance other than money shall be based on the acquisition cost
of the property. Such valuation shall take into account the depreciated value of the
property in case said property has already been used.

SEC. 8. Rules and Regulations. The Secretary of the DENR, the Secretary of
DA and the Chairman of PCSD, or their duly authorized representatives, shall, in
consultation with the Department of Finance, jointly formulate the rules and regulations
to implement the relevant provisions of this Act.


SEC. 9. Appropriations. The amount necessary for the initial implementation
of this Act shall be charged against the current year's appropriations of DENR, DA and
PCSD. Thereafter, such amounts as may be necessary for its continued implementation
shall be included in the annual General Appropriations Act.

SEC. 10. Separability Clause. If any provision of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by such
declaration.

SEC. 11. Repealing Clause. All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 12. Effectivity. This Act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general circulation.

Approved.