Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
EXPLANATORY NOTE 
As vested in Section 16, Article II of the 1987 Philippine Constitution, the State has the 
ultimate responsibility to preserve and protect the environment. Section 2 Article XII 
further provides that wildlife, flora and fauna, among others, are owned by the State 
and the disposition, development and utilization thereof are under its full control and 
supervision. 
However, a study commissioned by the United Nations Development Programme 
(UNDP) Philippines showed that the country losses an estimate of 8.1 million USD 
annual royalty earnings for a single pharmaceutical product derived from a Philippine 
genetic resource that was patented by foreign company. In a workshop spearheaded 
by the Department of Environment and Natural Resources (DENR) on June 2022, 
DENR Undersecretary Analiza Rebuelta-Teh revealed that there are biopirated 
genetic resources gathered in our country that have been patented without appropriate 
reward and recognition to its sources. She added that few examples of which are oil 
extract of ylang-ylang flowers patented for high-class perfumes, saluyot manufactured 
by a foreign company for its anti-stress drug, and other Filipino herbal medicines like 
sambong, lagundi, and takip kuhol.1 Despite existing policies in regulating access to 
our genetic resource, it is imperative for the State to enforce measures to heighten its 
compliance towards its mandate enshrined in our Constitution. 
This bill aims to establish a strengthened policy framework on access and benefit-
sharing from the utilization of genetic resources in the country and implements our 
commitment to the Nagoya Protocol. Towards this, an Inter-Agency Committee on 
Genetic Resources and Associated Traditional Knowledge is created to harmonize, 
integrate, enhance, implement, and monitor our compliance with treaty, statutory and 
regulatory provisions on access and benefit sharing (ABS) and utilization of Philippine 
1 https://bmb.gov.ph/index.php/resources/news-and-events/232-denr-bmb-and-undp-conducted-a-
national-inception-workshop-for-the-access-and-benefit-sharing-project 
July 27, 2022
4:49 pm
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genetic resources. The said inter-agency committee will be headed by the Secretaries 
of the Department of Agriculture (DA) and DENR.  
This bill also designates the Biodiversity Management Bureau (BMB) of DENR as the 
national focal authority on access and benefit sharing while enjoining other national 
government agencies with research and development functions relating to genetic 
resources to provide the Inter-Agency Committee with the relevant information on the 
status of research with potential commercial application. In addition, this measure 
seeks to ensure the compliance in information accessing with the source agency's 
Freedom of Information (FOI) manual. Further, the bill provides regulatory guidelines 
on access to genetic resources and on matters relating to the utilization of associated 
traditional knowledge associated with genetic resources.  
A voluntary benefit-sharing mechanism is also sought to be established to ensure the 
commitment of a researcher, partner or collaborating institution in providing minimum level of 
benefits that may be derived from the utilization of the genetic resources and indigenous 
knowledge systems or practices in cases of impossibility of securing prior informed consent. 
This bill also provided for the penalties of biopiracy and mandated members of the Inter-
Agency Committee to allocate necessary funds of the implementation of the measure.   
In view of the foregoing, immediate passage of the bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
 MIGUEL LUIS R. VILLAFUERTE 
TSUYOSHI ANTHONY G. HORIBATA 
NICOLAS ENCISO VIII 


3
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY G. 
HORIBATA AND HON. NICOLAS ENCISO VIII 
AN ACT  
INSTITUTIONALIZING THE NATIONAL POLICY ON ACCESS, AND BENEFIT-
SHARING FROM THE UTILIZATION OF PHILIPPINE GENETIC RESOURCES 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the "Philippine Genetic 
Resources Access and Benefit-Sharing Act" or "PGRABS Act".  
SECTION 2. Declaration of Policy. – It is the policy of the State to ensure the fair 
and equitable sharing of benefits arising from the utilization of all genetic resources in 
the country to generate wealth and alleviate poverty. Towards this end, the State shall 
secure the necessary means to pursue the strategic programs and initiatives on the 
conservation and sustainable use of biological diversity through the conduct of 
scientific research, improvement of regulatory measures on access and utilization of 
genetic resources and increasing awareness of their potential contribution to economic 
development and public health. Moreover, the State shall ensure that local and 
indigenous communities receive a fair share from the benefits arising from the 
utilization of genetic resources in their areas or domains and provide the necessary 
support and incentive for investments for the conservation and sustainable use of 
these genetic resources by the host communities.  
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SECTION 3. Scope.  – This Act shall apply to Philippine genetic resources, whether 
found in or originating from Philippine territory and areas where the country enjoys 
sovereign rights and jurisdiction, originating from the same or exported to other 
countries; and genetic resources originating from other countries and imported into the 
Philippines for development and utilization.  
 
SECTION 4. Definition of Terms.  –  As used in this Act:   
  
a. 
Access refers to the collection, taking and gathering of genetic resources    
from the field, in order that they may be utilized for further academic or 
scientific research and bioprospecting; this also includes the conduct of field 
research, interviews and surveys involving the indigenous knowledge 
systems and practices including the associated traditional knowledge of 
indigenous and local communities in the Philippines;  
b. 
Biopiracy refers to the unethical or unlawful appropriation or commercial 
exploitation of biological materials such as medicinal plant extracts that are 
native to a particular country or territory without providing fair financial 
compensation to the people of government of that country or territory;  
c. 
Bioprospecting refers to the systematic search for biochemical and genetic 
information in nature in order to develop commercially-valuable products for 
pharmaceutical, agricultural, cosmetic and other applications;   
d. 
Biotechnology refers to any technological application that uses biological 
systems, living organisms, or derivatives thereof, to make or modify products 
or processes for specific use;  
e. 
Clearing house refers to the platform for exchanging information on access 
and benefit-sharing established by the Nagoya Protocol on Access To 
Genetic Resources And The Fair And Equitable Sharing of Benefits Arising 
From Their Utilization To The Convention On Biological Diversity, hereinafter 
referred as the Nagoya Protocol;   
f. 
Derivatives refer to a naturally occurring biochemical compound resulting 
from the genetic expression or metabolism of biological or genetic resources, 
even if it does not contain functional units of heredity;  
g. 
Fair and equitable benefit-sharing refers to the appropriate benefits that may 
be derived by the Philippines as a country or its researchers, taking into 


 
5
account the level of effort applied to secure the resources relevant to the 
country’s current socio-economic and cultural standing;  
h. 
Genetic material refers to any material of plant, animal, microbial or other 
origin containing functional units of heredity;  
i. 
Genetic resources refer to genetic material as defined in item (h) hereof, 
except genetic materials originating from humans;  
j. 
Utilization of genetic resources refers to the conduct of research and 
development activities on genetic and biochemical composition of genetic 
resources, including the application of biotechnology as defined in Article 2 
of the United Nations Convention on Biodiversity. 
 
SECTION 5. Policy Framework on Access and Benefit-sharing from the 
Utilization of Philippine Genetic Resources and Bioprospecting.  – The policy 
framework on access and benefit-sharing from the utilization of genetic resources 
institutionalized in this Act implements the Philippine commitment to the Nagoya 
Protocol and includes some key changes in specific policy areas relating to access to 
genetic resources.  It also incorporates compliance mechanisms to ensure that similar 
legislation or policy relating to access and benefit-sharing arising from the utilization 
of genetic resources from another country used in the Philippines are respected and 
implemented. The tracking and monitoring mechanisms, capacity-building and 
technology transfer as well as special mandates of identified government agencies are 
also amended to fully implement the policy established in this Act.   
 
SECTION 6. Creation and Composition of the Inter-Agency Committee on 
Genetic Resources and Associated Traditional Knowledge. – There is hereby 
created an Inter-Agency Committee on Genetic Resources and Associated Traditional 
Knowledge hereinafter referred to as the Inter-Agency Committee, to harmonize, 
integrate, enhance, implement and monitor compliance with treaty, statutory and 
regulatory provisions on access and benefit sharing (ABS) and utilization of Philippine 
genetic resources.  
 
The Inter-Agency Committee shall be headed by the Secretaries of the Department of 
Environment and Natural Resources (DENR) and the Department of Agriculture (DA) 


 
6
as Chairperson and Co-Chairperson, respectively. It shall be composed of the 
following offices: 
A. Department of Environment and Natural Resources (DENR)  
1. 
Biodiversity Management Bureau (BMB)  
  
2. 
Ecosystems Research and Development Bureau (ERDB)  
3. 
Palawan Council for Sustainable Development (PCSD)  
B. Department of Agriculture (DA)  
1. 
Bureau of Fisheries and Aquatic Resources (BFAR)  
2. 
Bureau of Animal Industry (BAI)  
3. 
Bureau of Plant Industry (BPI)  
C. Department of Science and Technology (DOST)  
1. 
Philippine Council for Health Research and Development (PCHRD)  
2. 
Philippine Council for Agriculture, Aquatic and Natural Resources 
Research and Development (PCAARRD)  
D. Department of Health (DOH)  
-   Philippine Institute of Traditional and Alternative Health Care (PITAHC) 
E. Department of Foreign Affairs (DFA)  
F. Department of Justice (DOJ)  
G. Department of the Interior and Local Government (DILG)  
H. National Commission on Indigenous Peoples (NCIP)  
I. Intellectual Property Office of the Philippines (IPOPHIL)  
J. National Museum of the Philippines (NM)  
K. University of the Philippines (UP) System 
 
Each member Department of the Inter-Agency Committee shall designate a 
permanent representative with the rank of Undersecretary or Assistant Secretary. 
Member bureaus and offices shall be represented by their respective Directors and 
heads of office.  
 
The Inter-Agency Committee shall be supported by a secretariat to be headed jointly 
by the representatives of the BMB and ERDB.  
 
SECTION 7. Powers and Duties of the Inter-Agency Committee. – The Inter-
agency Committee shall have the power to issue rules and guidelines pertaining to the 


 
7
access, benefit-sharing and utilization of Philippine genetic resources, the grant of 
incentives under existing laws, the third-party use in any mutually agreed terms or 
agreements relating to access and benefit sharing involving genetic resources, and 
the standard procedures and process flow of national checkpoint agencies, among 
others. It shall likewise be responsible for the following:  
a. Designation of a checkpoint or tracking mechanism to be set up by the 
pertinent government agency at any stage of research, development, 
innovation, pre-commercialization and commercialization of genetic resources 
and its derivatives;   
b. Establishment of a Philippine Clearing House which shall serve as a platform 
for sharing information related to access and benefit-sharing and shall provide 
access to information made available by each party to the Nagoya Protocol 
relevant to the implementation of the same;  
c. Creation of appropriate sub-committees to handle specific concerns such as    
inventory of genetic resources, ABS compliance, monitoring, wealth creation, 
communication, capacity building and technology transfer;  
d. Participation in the deliberations of civil society organizations, indigenous 
peoples’ organizations, private sector and members of the academe;  
e. Conduct of analysis and monitoring activities on the latest technological 
developments including digital sequencing information;  
f. Establishment of a national inventory of genetic resources within one year 
from the adoption of the implementing guidelines of this Act, prioritizing those 
with potential commercial application;   
g. Tracking and monitoring of the mechanism of biodiversity resources including 
genetic or deoxyribonucleic acid (DNA) characterization of genetic resources 
and other living organisms to enhance transparency of the same;  
h. Strict application of the guidelines, processes, and protocols on the utilization 
of traditional knowledge associated with genetic resources as well as 
applicable customary laws and community protocols of indigenous peoples 
and local communities, particularly in securing free prior and informed 
consent; and  
i. Implementation of the appropriate capacity building programs in support of 
existing and future policies for the development of a sound and viable 


 
8
technological and scientific base for the access, benefit-sharing and utilization 
of genetic resources. 
 
SECTION 8. Designation of National Focal Point and Competent National 
Authorities. –The Biodiversity Management Bureau (BMB) of DENR shall continue to 
be the national focal authority on access and benefit sharing. The DENR, DA, NCIP 
and PCSO are likewise designated competent national agencies for access and 
benefit-sharing and for ensuring Philippine compliance with the obligations under the 
CBD and the Nagoya Protocol. 
 
SECTION 9. Coordination and Cooperation with Other National Government 
Agencies. – To ensure compliance with the rules or guidelines on access, benefit-
sharing and utilization of genetic resources, policy and administrative measures shall 
be adopted by the national government agencies to notify the Philippine Clearing 
House. All national government agencies with research and development functions 
relating to genetic resources shall provide the Inter-Agency Committee with the 
relevant information on the status of researches with potential commercial application 
and prioritize studies aimed at better understanding genetic resources or in developing 
commercial products through biotechnology or through other means. 
 
SECTION 10. Access to Information. – Access to information collected by virtue of 
this Act as well as to government research data used as basis for policy development 
shall be in accordance with the source agency's Freedom of Information (FOI) manual 
prepared and adopted in accordance with Executive Order No. 2, series of 2016.  
 
SECTION 11. Access to Genetic Resources. – The existing policies on access to 
genetic resources as currently implemented by the respective government agencies 
under Republic Act 9147, otherwise known as the "Wildlife Resources Conservation 
and Protection Act" shall continue to exist and be implemented for all purposes: 
Provided, That, to facilitate harmonization of these policies with the Nagoya Protocol, 
any existing implementing regulations of agencies for this purpose shall be amended 
and updated accordingly.  
  


 
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SECTION 12. Matters Relating to the Utilization of Associated Traditional 
Knowledge Associated with Genetic Resources. – Whenever the indigenous 
knowledge systems and practices including the traditional knowledge associated with 
genetic resources of indigenous and local communities are utilized, the following shall 
be implemented by the appropriate agencies, particularly the National Commission on 
Indigenous Peoples, the Palawan Council for Sustainable Development as well as the 
Philippine Institute for Traditional and Alternative Health Care:  
  
a. The customary laws as well as the community protocols of indigenous and 
local communities, where available, will apply at the first instance, in matters 
relating to access and benefit-sharing from the utilization of indigenous 
knowledge systems and practices including the traditional knowledge 
associated with genetic resources;   
  
b. Mechanisms to inform users of their obligations as these relate to the 
utilization of indigenous knowledge systems and practices, including 
traditional knowledge associated with genetic resources, shall be established 
with the effective participation of indigenous and local communities;  
  
c. Processes and procedures shall be adopted for the development by 
indigenous and local communities of their own community protocols, minimum 
requirements for mutually agreed terms and model contractual clauses;  
  
d. The customary use of indigenous knowledge systems and practices including 
traditional knowledge associated with genetic resources by the indigenous 
and local communities themselves shall continue to be respected: Provided, 
That this principle shall not be recognized if asserted by non-indigenous and 
local communities.  
  
SECTION 13. Voluntary Benefit-Sharing Mechanisms. – There shall be established 
a voluntary benefit-sharing mechanism in cases where it is not possible to secure prior 
informed consent and the researcher and the partner or collaborating institution will 
commit to provide a minimum level of benefits that may be derived from the utilization 
of the genetic resources and indigenous knowledge systems or practices, including 


 
10
the associated traditional knowledge therein and as the utilization progresses from 
research,  development, innovation, pre-commercialization and commercialization. 
The concerned implementing agencies mandated by this Act shall conduct the 
necessary consultations to determine the levels of these benefits, which will be 
adjusted from time to time depending on the level of advancement of researches in 
these activities.  
  
SECTION 14.  Penalties. – Except in relation to plant genetic resources for food and 
agriculture covered under the provisions of the international treaty on plant genetic 
resources for food and agriculture, including the Multilateral System of Access and 
Benefit-sharing and its Standard Material Transfer Agreement (SMTA), specifically 
Articles 7 and 8 of the SMTA, the user of genetic resources who does not comply with 
the provisions of this Act, including any relevant administrative issuance that may be 
issued by the appropriate agencies as provided for in this Act, shall be penalized with 
the crime of biopiracy and subject to a penalty imprisonment of six (6)  years and one 
(1)  day up to eight (8) years, and a fine  of not less than Five hundred thousand pesos 
(Php 500,000) , as may be determined by the appropriate court.  
  
SECTION 15.  Appropriations. – All concerned government agencies included in the 
Inter-Agency Committee shall allocate necessary funds for the implementation of this 
Act in accordance with the regular government budget procedures, for the first year of 
implementation of this Act. For the subsequent years, agencies in the Inter-Agency 
Committee shall include in their respective programs funding for the implementation 
of this Act which shall be included in the annual General Appropriations Act.  
 
SECTION 16.  Implementing Rules and Regulations. – Within One hundred eighty 
(180) days from the effectivity of this Act, the DENR and the DA shall issue the rules 
and regulations with the Department of Environment and Natural Resources as the 
lead implementors of this Act.  
  
SECTION 17.  Separability Clause. – In case any provision of this Act is found to be 
unconstitutional upon final declaration by the appropriate Court, the other provisions 
not so declared unconstitutional or unaffected by the declaration shall remain valid 


 
11
and effective and shall continue to be implemented by the Department of Environment 
and Natural Resources and other relevant agencies.  
  
SECTION 18. Repealing Clause. – All laws, proclamations, orders, rules and 
regulations or parts thereof, which are inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly.  
  
SECTION 19.  Effectivity. –This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.  
  
  
Approved,