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RECEIVED

Republic of the Philippines _ #3
HOUSE OF REPRESENTATIVE
Quezon City, Metro Manila

FIFTEENTH CONGRESS
.. -.Second Regular Session - -

COMMITTEE REPORT NO. i498

Submitted by the Committee on Natural Resources, Committee on Appropriations,

and Committee on Ways and Means on eeieonme

Re: House Bill No. o4e

Recommending its approval in ation ‘of House Bill No, 769

Sponsors: Representatives Francisco T. Matugas, Joseph Emilio A. Abaya, |
Hernillando |. Mandanas and Edcel C. Lagman

Wr. Speaker:

The Committee on Natural Resources, Gommittee on Appropriations, and
Committee on Ways and Means, to which was referred House Bill No. 769,
introduced by Representative Edcel C. Lagman, entitled:

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

have consi the same and recommend that the herein attached House Bill
No. ease , entitled:

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

be approved in substitution of House Bill No, 769, with Representatives Lagman,
Matugas, Abaya, and Mandanas as authors thereof.

Res Fy Sybmitted,

FRAN OF, MATUGAS
Committee Chairman
Committee on Natural Resources

HERMILANDO |. MANDANAS
Committee Chairman
Committee on Ways and Means

THE HONORABLE SPEAKER
House of Representatives
Quezon City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezen City

FIFTEENTH.CONGRESS. ... 2.
Second Regular Session

et c
HOUSE BILL NO. Ee
(in substitutior of HB No. 769)

INTRODUCED BY REPRESENTATIVES Eocet C. Laman, Francisco T. MaTucas,
JOSEPH EmtLio A. ABAYA AND HERMILANDO |. MANDANAS

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 shail be known as the "Adopt-a-Wildlife
Species Act of 2011."

SEC. 2. Declaration of Poticy.- The State is mandated under Sec. 16.
Article Il of the Constitution to “protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm anc harmory of
nature.” Towards this end, Republic Act No, 9147, otherwise known as the
“Wildlife Conservation and Protection Act", enumerates the policy 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; (¢) pursuing, with due regard to the nat onal
interest. the Philippine commitment to international conventions on ‘he
protection of wildlife and their habitats; and (qd) initiating or supporting scie-tific
studies ori 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) cove-ing
habitats of rare, threatened and endangered species of plants and animais

along with biographic zones and related ecosystems.


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SEC, 3. Adopt-a-Wildlife Species Program. — Pursuant to the
afcresaid national policy, there is hereby established an “Adopt-a-Wiidlife
Species Program’ which shall be impiemented in ail appropriate areas of the

“Gouritty with the active participation, involveriént and assistancé “of Local”

Government Units (LGUs}, Non-Governmert Orgenizations (NGOs), People’s
Organizations (Pos), civil society groups and private individuals,

‘The program shal! have the following objectives:

(a) To conserve and protect biological diversity and promote ecolagicat
sustainabie development;

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

(ce) 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. — AMemorandum of Agreement
{MOA) stipulating the terms and ccnditions of the adoption shail 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 accerdance with Republic Act No. 9147.

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

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

(b) the minimization of any significant adverse s

and economic
consequences,

(©) the measures by which the public may co-operate in the
conservation of a threatened species and/or its habita:;

(a) the special interest or knowledge that indigenous peosle may nave
in the species and habitat concemed; and


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{e) the acquisition of expert and professional assistance.
The Memorandum of Agreement shali 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 anc/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 is earlier terminated in accordance with
Section 6 hereof: 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 the person's duly authorized
representative.

SEC. 5. National Technical Committee and Regional Monitoring
Committee.- The Secretary of the DENR, the Secretary of the DA, and tne
Chairman of the PCSD shail 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 wha
are engaged in biodiversity conservation, to formulate the design
and mechanics of the implementation of the program. The NTC


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(b)

shal 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.

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 granting the tax exemption
to the adopting entity or individual under Section 7 hereof, 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. Obfigations of the Adopting Entity or Individual.- The
fallawing shall be the obligations of the adopting entity or individual:

(a)

(b)

Comply strictly with the terms and conditions stipulated in the
Memorandum of Agreement referred to in Sectian 4 hereof, and
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 Republic Act No. 9147,

SEC. 7. Tax Exemption.- Any donation, contribution, request or grant
which shail be made to the “Adopt-a-Wildlife Species Program” by the adopting
entity or individual shall be exempt from the donor’s tax and the same shal! be
considered as allowable deduction from gross income in the computation of the
donor’s income tax, in accordance with the provisions of the National Internal

Revenue Code of 1997, as amended

SEC. 8. 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.


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SEC. 9. Implementing Rules and Regutations.- The Secretary of the
DENR, the Secretary of the DA, and the Chairman of the PCSD, ‘or thei duly
authorized representatives, shall, in consultation with the Department of
Finance, joirtly fortiulate the raves arid regUtatioris toiriplemert the relevant
provisions of this Act.

SEC. 10. Separability Clause.- if any provision of this Act is dec:ared
unconstitutional, the validity of the otter provisions shall not be aifected by

such declaration.
SEC. 11. Repeating Clause.- All laws, decrees, orders, rules and

regulations or parts thereof inconsistent with this Act are hereby repealed cr

modified accordingly.

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

Approved,