RECEIVED
E-FILED
date; ^Sept 22 2021^^ 
12:10 p.m. j
EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
SENATE
2412
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE SENTIENCE, SAPIENCE, AND INHERENT RIGHTS OF 
MARINE MAMMALS AND PROVIDING MECHANISMS FOR THE PROTECTION 
AND ENFORCEMENT THEREOF
EXPLANATORY NOTE
Sentience has been defined as the ability to feel or perceive the world around you 
and as a result have subjective experiences. There Is now a wide body of sdentific 
evidence to support sentience In a wide range of species and this evidence comes from 
a broad range of scientific disdplines from animal behavior to neurophysiology.
Beyond sentience there is also novr an impressive body of evidence on 
consciousness in a wide range of spedes. In the Protocol on Animal Welfare included in 
the European Union's Treaty of Amsterdam, the sentience of animals is expressly 
recognized:
Desiring to ensure improved protection and respect for the welfare 
of animals as sentient beings, have agreed upon the following provision, 
which shall be annexed to the Treaty establishing the European 
Community, In formulating and implementing the Communit/s 
agricultural, transport. Internal market and research policies, the 
Community and the Member States shiill pay full regard to the welfare 
requirements of animals, while respecting ^e legislative or administrative 
provisions and customs of the Member States relating in particular to 
religious rites, cultural traditions and regional heritage.
One step further along the continuum horn sentience is the concept of sapience, 
which refers to specific attributes of Intelligence, such as the ability to "act with 
appropriate judgemenL''
On July 7, 2012, a prominent international group of cognitive neuroscientists, 
neuro-pharmacologists, neuro-physiologists, neuroanatomists, and computational 
scientists gathered at the University of Cambridge to reassess the neurobiological basis 
of conscious experience and related behaviors in humans and what we commonly 
consider animals.
They found that non-human animals have the neuro-anatomical, neurochemical, 
and neurophysiotogical structures and systems underlying consciousness along with the 
capacity to exhibit intentional behaviors.
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Thus, the weight of evidence indicates that consdousness is not unique to humans 
and that animals - including all mammals, birds, and many other creatures such as 
octopuses - are also capable of consdous thought
Beyond anatomy and brain chemistry, there is further evidence to support the 
contention that whales, dolphins, and other marine mammals are sentient and sapient 
Many of these spedes live in complex sodal groups, exhibiting complex behaviors such 
as cooperation and tool use.
Some whales and dolphins deariy even have their own cultures.
Sdence has also shown that whales and dolphins are capable of experiencing 
complex emotions such as grief and empathy, and that some live in complex, cultural 
societies. This realization requires us to do more than simply protect the conservation 
status of species or populations or protect individual welfare by recognizing their inherent 
rights as sentient, sapient spedes.
In the Philippines, the Supreme Court allowed a petition to be filed on behalf of 
"Resident Marine Mammals" such as toothed whales, dolphins, porpoises, and other 
cetacean spedes inhabiting the waters in and around the Tanon Strait.
Beyond the legal and philosophical issues involved, marine mammal populations 
are distributed throughout the world's oceans. Their protection and conservation 
thertfore requires concerted global action.
As predators at the top of the food chain, marine mammals play an important role 
in ensuring the health and balance of the ocean ecosystems. Globally, marine mammals 
face threats from human activities induding by-catch from large-scale fishing activities, 
collision with vessels, depletion of food stocks, hunting and illegal trade, oceanic pollution, 
habitat destruction, and dimate change.
As a signatory to the Convention on the Conservation of Migratory Species of Wild 
Animals (hereinafter, referred to as the "CMS" or the "Bonn Convention"), and the 
Convention on the International Trade in Endangered Species of Wild Fauna and Rora 
(hereinafter, referred to as the "CITES"), it is the Philippines' treaty obligation to protect 
marine mammals within, outside, and transiting its territory.
According to the Red List Status of Marine Mammals in the Philippines, a 
publication produced by the country's top marine mammal scientists, the status of the 
populations of most marine mammals in the country is "data defident." This means that 
the different marine mammal populations in the Philippines cannot be evaluated due to 
insufficient information about Oieir status in the wild. It Is therefore of utmost importance, 
with the aim of conserving local populations, for the Philippine government to support 
sdentific studies that assess the cun-ent marine mammal populations in the country. In 
this regard, there are several laws and regulations which seek to protect marine 
mammals/wildlife in the country, to wit:
(a) 
Rsheries Administrative Order 185, Series of 1992 (hereinafter, referred to 
as "FAO 185"), and Rsheries Administrative Orderl85-l, Series of 1997 
(hereinafter, referred to as "FAO 185-1"), which makes the taking or 
catching of dolphins, whales, and porpoises in Philippine waters, or the 
selling, purchasing, possession, transport, or export of the same, whether 
dead or alive. In any state or form, unlawful;
(b) 
Republic Act No. 8485, otherwise known as the Animal Welfare Act of 1998 
(hereinafter, referred to as "RA 8485" or the "Animal Welfare Act"), as 
amended by Republic Act No. 10631, which penalize the abuse,
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maltreatment, or neglect of animals and the killing, except in certain 
instances provided by law, of animals other than cattle, pigs, goats, sheep, 
poultry, rabbits, carabaos, and horses; and
(c) Republic Act No. 9147, otherwise known as the "Wildlife Resources 
conservation and Protection Act" (hereinafter, referred to as *RA 9147,r or 
the "Wildlife Act"), makes It state policy to conserve the country's wildlife 
resources and their habitats by, among others, pursuing the country's 
commitment to relevant international treaties and conventions.
Despite the foregoing, however, the direct taking of dolphins from Philippine 
waters, as well as the importation and exportation of wild dolphins from inhumane and 
unsustainable sources, in violation of existing laws, regulations, and international 
conventions, have been documented. Including:
(a) 
Local dolphins are captured for display and human interaction in Misamis 
Occidental without appropriate permits in violation of the FAO 185 8i 185- 
1, and the Animal Welfare Act;
(b) 
In January 2001, five false killer whales caught in Japan were imported into 
the country. A sixth one died before it arrived in the Philippines. Today, 
none of these animals remain alive;
(c) 
In 2004, 4 botUenose dolphins caught in Japan were Imported into the 
country. In the same year, one of the bottlenosed dolphins died. In 2009, 
another 4 bottlenose dolphins came into the country from Japan; and
(d) 
In December 2008, January 2009, and January 2011, the Philippines 
imported a total of 25 bottlenose dolphins caught in the wild from the 
Solomon Islands.
The animals from Japan were caught from what is known as the drive hunts. In 
these hunts, pods of dolphins are driven to shallow waters. After marine parks have 
selected animals for use in the dolphin-show industry, the rest are brutally and 
indiscriminately killed, a practice that has received widespread condemnation for Its cruel 
and Inhumane nature. The 2010 Oscar-winning documentary, "The Cove", clearly 
documents the conduct of these hunts.
The World Assodation of Zoos and Aquariums has issued a policy statement 
condemning the Japanese dolphin hunts as inhumane. A similar policy statement has 
been made by the Alliance of Marine Mammal Parks and Aquariums.
From December 2008 to January 2011, the Philippines imported dolphins from the 
Solomon Islands despite the scientific opinion of the International Union for the 
Conservation of Nature that the export of dolphins from the Solomon Islands does not 
have a credible Non-Detriment Finding or "NDF".
A Non-Detriment Rnding is a determination by a credible Scientific Authority of the 
exporting state that the export will not be detrimental to the survival of that species In 
the wild. Given the lack of a NDF, the CITES Scientific Authorities in the Philippines, such 
as Stlliman University and the National Museum, support a ban on the import of dolphins 
until such time that a credible NDF from the exporting state is forwarded.
Despite the lack of a credible NDF, the country imported a total of 25 
dolphins, and subsequently re-exported them to Singapore in 2012, causing the death of 
one dolphin, which died In transit
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This issue is the subject of an on-going case for a violation of the Wildlife Act filed 
by a number of animal welfare and environmental groups, led by the Earth Island 
Institute-Phllipplnes, the Philippine Animal Welfare Society, and Compassion and 
Responsibility for Animals.
The recognition of the sentience and sapience of cetaceans, such as dolphins or 
whales make it clear why they should be protected: it is a moral obligation on the part of 
the human species - the dominant species on this planet - to recognize and safeguard 
the inherent rights of another sentient species.
Given the legal, humane, and sustainability issues raised, there is a need to enact 
legislation articulating state policy regarding the protection of marine mammals In 
Philippine waters, and reiterating this country's International treaty commitments to the 
global conservation and protection of marine mammals.
As such, the immediate passage of this bill is earnestly sought
>A HO
Senator
ROS
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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
)
)
)
SENATE
S.B. No. 2412
^/RECEIVED
r^O* E-FILED 
luj nATrr^SePt 22 2021(^1 
1<P T.MS- 12:10 p.m.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE SENTIENCE, SAPIENCE, AND INHERENT RIGHTS OF 
MARINE MAMMALS AND PROVIDING MECHANISMS FOR THE PROTECTION 
AND ENFORCEMENT THEREOF
1 
SECTION 1. Short Title. This Act shall be known as the ’‘Marine Mammal Act of 2021.''
2 
SECTION 2. Poncy. It Is hereby dedared the policy of the State to recognize that marine
3 
mammals including, but not limited to, dolphins, whales, and other cetaceans, are
4 
sentient; sapient; and cultural. Thus, the State shall likewise recognize, safeguard, and
5 
uphold, the inherent, fundamental, and alienable rights possessed by these fellow
6 
sentient species.
7 
The State shall partner with academic and scientific institutions in studying and
8 
assessing marine mammal populations and societies within the territorial jurisdiction of
9 
the Philippines in order to better understand how these populations and societies can
10 
best be protected from harmful human activity.
11 
SECTION 3. Inherent and Fundamental Rights of Marine Mammals. The State hereby
12 
recognizes the following inherent; fundamental, and inafienable rights of marine
13 
mammals:
14 
(a) The right to exist, free from disturbance, molestation, and exploitation
15 
caused by human activity;
16 
(b) The right to the maintenance of ther natural habitat, as well as the vital
17 
cycles, functions and processes that ensure tha'r continued sustainability
18 
and well-being; and
19 
(c) The right to adequate and effective representation wjTa-wJthe protection
20 
and enforcement of these rights.
21 
These rights shall be in addition to, and shall not impair or limit, any other right or
22 
remedy available under existing law, administrative regulation or jurisprudence. A
23 
violation of any existing environmental or conservation law or regulation shall be deemed
24 
a prima fade violation of these rights.
25 
SECTION 4. Coverage. All species belonging to the Taxonomic Orders Carnivora,
26 
Cetartkxiactyla, and Srenia are expressly covered by this Act
27 
SECTION 5. D^nidon of Terms.
28 
(a) ’'State' shall mean the Philippine government, or any department, agency,
29 
bureau, or subdivision thereof;
30 
(b) ’‘Animal" shall mean the marine mammals;
INDEX.
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(c)
2
(d)
3
4
5
6
7
(e)
8
9
10
11
(0
12
13
(g)
14 •
IS
16
(h)
17
18
19
20
(i)
21
22
23
0)
24
25
(k)
26
(1)
27
(m)
28
29
(n)
30
(0)
31
(P)
32
(q)
33
34
(r)
35
36
(s)
37
38
(t)
39
40
41
(u)
'Live'' shall mean an animal that is living and in apparent good health;
"Marine Mammals" shall mean any mammalian species that lives In salt 
water or derives its food from a saltwater environment, representing three 
different mammaiian groups: those belonging to the Order C^/n/vo/a(polar 
bears, sea otters, seals, sea lions, and walmses). Order Cetartiodactyla 
(cetaceans), and Order Sirenla (manatees and dugongs);
"Marine Protected Areas & Networks" shall mean a clearly defined 
geographical space, recognized, dedicated and managed, through legal or 
other effective means, to achieve the long-term conservation of nature with 
associated ecosystem services and cultural values;
"Marine Corridor" shall mean a geographical feature used by mobile species 
for migration between feeding and mating areas;
"Wild" shall mean any animal that was bom, and is living or growing In the 
natural environment or any animal that Is not domesticated, cultivated, or 
captive-bred;
"Captive Bred or F2 Generation" shall mean animals that are the offspring 
of animals which were themselves bom in captivity. If either of the 
individual's parents was wild or caught in the wild, the offspring is regarded 
as captive-reared, rather than captive-bred;
"Captive breeding" is the process of breeding animals in human controlled 
environments with restricted settings, such as wildlife reserves, zoos and 
other conservation facilities.
Take or catch" shall include the killing, capturing, trapping, snaring, and 
netting of marine mammals;
"Sell" shall mean barter, exchange, or offering or exposing for sale;
"Purchase" shall mean to buy, and Includes agreeing or offering to buy;
"Possess" shall mean to have actual or constructive possession or control 
of a marine mammal;
Transport" shall mean to carry or move or cause to be carried or moved;
"Import" shall mean to send, ship, or otherwise transport into the country;
"Export" shall mean to send, ship, or otherwise transport out of the country
Trade" shall mean to barter, exchange, or sell in any commercial, profit- 
oriented activity;
"Commercial Purposes" shall mean to use in any profit-oriented activity, 
commerce, or trade;
"Rescue" shall mean to take any marine mammal immediately out of 
danger;
•Rehabilitation" shall mean the process of removing animals from the wild 
to provide professional care to sick. Injured, and orphaned animals using 
methods to prepare them for their ultimate return to their natural habitat;
•Release" shall mean to return a marine mammal to its natural habitat;
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1 
(v) 'CITES' shall mean the Convention on the International Trade in
2 
Endangered Spedes of Wild Fauna and Flora;
3 
(w) 'Stranding' shall mean inddents involving marine mammals swimming or
4 
floating to shore and becoming "beached" or stuck in shallow water; and
5 
(x) "CITES Scientific Authorities' shall indude the Silliman University, UP Marine
6 
Sdence Institute, and other local or international sdentific non-govemment
7 
organizations.
8 
SECTION 6. Marine Protected Areas & Networks, and Marine Garridors. The State shall
9 
designate Marine Protected Areas and Networks, and Marine Corridors on known marine
10 
mammal migration routes, feeding and mating habitats for the purpose of protecting wild
11 
marine mammal populations from industries and human activity that are, or are
12 
reasonably likely to be, detrimental to their health and well-bang including, but not
13 
limited to, offshore drilling, seismic tests, and other similar activities.
14 
SECTION 7. Marine Mamma! Tours and Watdiing. The State shall pronrwte responsible
15 
whale and dolphin-watching tours in the wild that contribute to public education and
16 
enhance the local economy.
17 
Whale and dolphin-watching tours shall be conducted in accordance with protocols
18 
embodied in rules and regulations to be drafted for this purpose by the Department of
19 
Agriculture, Department of Environment and Natural Resources, Biodiversity Managemeiit
20 
Bureau, and Department of Tourism (hereinafter, referred to as the'DA', "DENR', 'BMB',
21 
and 'DOT', respectively) in conformity with the policies stated in this Act Such prcAocds,
22 
rules, and regulations shall be updated periodically in accordance with the latest sdentific
23 
information.
24 
SECTION 8. Habitat Preservation. The State shall promote the welfare of all marine
25 
mammals by protecting all known habitats and ensuring that marine mammal populations
26 
in the Philippines are not subjected to any distress, injury or death arising from human
27 
activities. The State shall likewise promote the welfare of all marine mammals by ensuring
28 
that they are allowed to live in their natural habitat, and conform to their natural
29 
behaviors.
30 
SECTION 9. Prohibitions - It shall be unlawful to:
(a) 
Take or catch marine mammals in Philippine waters, or to sell, purchase, 
possess, transport, import or export, and trade the same whether dead or 
alive, in any state or form whether raw or processed;
(b) 
Deploy purse-seine nets on, or to encircle, marine mammals in fishing 
operations, or to intentionally wound and kill any marine mammals in the 
course of catching other species of fish;
(c) 
Import and export live, wild, marine mammals, including rescued or 
rehabilitated animals. The import/expoit of parts or tissues of deceased 
animals may be allowed for research purposes, upon application by 
reputable universities, and scientific institutions. All applications to import 
or export such marine mammal parts or tissues for research purposes shall 
be reviewed and evaluated by toe BMB, DENR, and DA, as well as by the 
CITES Scientific Authorities; and
(d) 
Take any stranded or rescued live marine mammal for trade or other 
commercial purposes, including for display or exhibition, while being 
rehabilitated. All rehabilitated marine mammals shall be Immediately 
released into the wild.
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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SECTION 10. Captive Breeding. Captive breeding for marine mammals should be
2 
established in a manner not detrimental to the survival of the species in the wild and
3 
must be maintained without addition of animals from the wild. Captive breeding facilities
4 
must be managed in a manner that has been demonstrated to be capable of reliably
5 
producing second-generation, or F2, offspring in a controlled environment
6 
Only live, captive-bred, marine mammals of the second or F2 generation sourced
7 
from reputable aquariums shall be imported and/or exported into our out of the country,
8 
subject to compliance with existing laws as well as all applicable rules and regulations,
9 
including, but not limited to. Republic Act No. 9147, otherwise known as the ’'Wildlife
10 
Resources Conservation and Protection Act" (hereinafter, referred to as "RA 9147' or the
11 
"Wildlife Act"), Republic Act No. 8485, otherwise known as the Animal Welfare Act of
12 
1998 (hereinafter, referred to as "RA 8485' or the "Animal Welfare Act").
13 
The export and import of marine mammals shall likewise require the approval of
14 
the BMB, DENR, DA, and CITES Sdentific Authorities, after assessment and evaluation of
15 
all pertinent facts and circumstances.
16 
SECTION 11. Rescue - All rescue efforts in response to strandings and other Instances
17 
of marine mammals in distress, shall ensure that the well-being of all animals involved is
18 
prioritized, and should not, as far as practicable, cause further stress, pain, or discomfort
19 
to the animal. All rescue efforts must have the objective of releasing marine mammals
20 
back into the wild as viable components of the wild marine mammal population.
21 
All stranded marine mammals shall be released immediately to the wild if healthy
22 
and alive. The disposition of sick or injured marine mammals shall be the responsibility
23 
of the BMB, DENR, and DA in consultation with CITES Scientific Authorities. All dead
24 
marine mammals shall be surrendered to the nearest BMB, DENR, DA office for proper
25 
disposition.
26 
The BMB, DENR, and DA shall draft, in accordance with the policies stated In this
27 
Act, rules and regulab’ons embodying protocols for the proper rescue, rehabilitation, and
28 
release of marine mammals.
29 
SECTION 12. RehabHitab'on - Rehabilitation of marine mammals shall only be
30 
undertaken if there is a high probability that the animal can be restored to health and
31 
released back into the wild. Rehabilitation shall be subject to:
32 
(a) Availability of facilib'es and/or equipment for the species and number of
33 
animals Involved;
34 
(b) 
Safe and expeditious transport of all animals involved, which animals should
35 
be in a manageable state and pose no serious risks to others or to facility
36 
staff; and
37 
(c) Sufficient resources and trained personnel to provide adequate care to the
38 
animal for a reasonable period of time.
39 
It shall be unlawful to take any stranded or rescued live marine mammal for trade
40 
or other commercial purposes, including for display or exhibition, while being
41 
rehabilitated. All rehabilitated marine mammals shall be immediately released to the wild.
42 
The disposition of any rehabilitated animal that is not suitable for release into the
43 
wild shall be in accordance with recommendations made by the authorized CITES
44 
scientific authorities, including the Silliman University, UP Marine Sdence Institute, and
45 
other local or international scientific non-government organizations.
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1 
If the required facilities and equipment are avaiiable on-site, stranded and severeiy
2 
injured animals that are beyond rehabilitation maybe euthanized by licensed veterinarians
3 
authorized to perform the necessary procedure or procedures therefore.
4 
SECTION 13. Marine Mamma! Protection and Conservation Committee. A Marine
5 
Mammal Protection and Conservation Committee to be composed of the BMB, DENR, DA,
6 
the Bureau of Rsheries and Aquatic Resources, reputable sdentists and marine mammal
7 
experts, CITES Sdentific Authorities, and representatives from concerned non-
8 
government organizations, shall be created.
9 
The Marine Mammal Protection and Conservation Committee shall:
10
11
12
13
14
15
(a) 
Develop and coordinate research programs for marine mammals in the 
Philippines;
(b) 
Develop manuals and protocols for the rescue of stranded animals;
(c) 
Develop manuals and guidelines for dolphin and whale watching tours; and
(d) 
Undertake and technical assessments of rescued, stranded or rehabilitated 
marine mammals.
16 
SECTION 14. Penalties- Any violation of this Act shall subject the offender to a fine of
17 
at least Two Hundred Fifty Thousand Pesos (P250,000.00) but not more than more than
18 
Five Hundred Thousand (P500,000.00) Pesos, and imprisonment of six (6) ninths to two
19 
(2) years, at the discretion of the Court
20 
SECTION 15. Representation & Standing. Any Philippine resident may file an action to
21 
enforce the rights or obligations recognized under this Act on behalf of an Individual,
22 
population, or sodety belonging to the marine mammal species protected by this Act,
23 
which shall be the real party-in-interesL Upon the filing of any such action, the Court
24 
shall issue an order which shall contain a brief description of the cause of action and the
25 
reliefs prayed for, requiring all interested parties to manifest their interest to intervene in
26 
the case within a reasonable amount of time from notice thereof.
27 
SECTION 16. Strategic lawsuits against Public Pardapadon. A Strategic Lawsuit against
28 
Public Participation (SLAPP) is any action filed to harass, vex or exert undue pressure
29 
against any person or legal entity that has taken legal action or made a public
30 
communication of any kind in connection with the enforcement or protection of the rights
31 
recognized herein or any other environmental law or regulation. The defendant in a SLAPP
32 
may file a special motion to dismiss at any point of the proceedings alleging that the case
33 
is a SLAPP. This special motion to dismiss shall be resolved within thirty (30) days after
34 
it is heard. If the court dismisses the SLAPP, it shall award damages, attorney's fees and
35 
costs of suit The dismissal shall be with prejudice.
36 
SECTION 17. Construcdon. This Act shall be liberally construed for the purpose of
37 
promoting, enhancing and protecting the rights of marine mammals recognized herein.
38 
SECTION 18. Implemendng Rules and Reguladons. — Within twelve (12) months
39 
following the effectivity of this Act, the Secretaries of the Department of Environment and
40 
Natural Resources and the Department of Agriculture, CITES Scientific and Management
41 
Authorities, in coordination with the Committees on Environment and Ecology of the
42 
Senate and the House of Representatives, respectively, shall promulgate rules and
43 
regulations for the effective Implementation of this Act. Whenever appropriate,
44 
coordination in the pr^ration and implementation of rules and regulations on joint and
45 
Inseparable issues shall be done by both Departments. The commitments of the State to
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1 
international agreements and protocols shall likewise be a consideration in the
2 
implementation of this Act
3 
SECTION 19. Separability Cause. If any provision of this Act is declared unconstitutional
4 
or invalid by a court of competent jurisdiction, the remaining provisions not affected
5 
thereby shall continue to be In full force and effect.
6 
SECTION 20. Repealing Cause. All laws, decrees, executive orders, department or
7 
memorandum orders and otiier administrative issuances or parts thereof which are
8 
Inconsistent with the provisions of this Act are hereby modified, superseded or rep^ftted
9 
accordingly.
10 
SECTION 21. Effecb'vity. This Act shall take effect fifteen (15) days after publication in
11 
the Offidal Gazette or in at least two (2) newspapers of general circulation.
12 
Approved,
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