Introduced by Representative Gloria Macapagal Arroyo

AN ACT PROVIDING FOR A REVISED WILDLIFE RESOURCES
CONSERVATION AND PROTECTION ACT, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Philippine wildlife species are among the most biologically diverse in the region that showcase
an array of both unique flora and fauna that could only be found in the Philippines. With such rare
natural treasures, protection under the law becomes critical to ensure its conservation and continued
existence for future generations.

The Philippines is one of the seventeen (17) “mega-diverse” countries in the world which
possess a very rich flora and fauna biodiversity thus Philippine wildlife species are globally important.
Aside from renowned, iconic and unique wildlife species such as the Philippine eagle (Pithecophaga
Jefferyi), the Tamaraw (Bubalus mindorensis) and the Philippine tarsier (Carlito syrichta), the
Philippines has about 133 terrestrial mammals, 239 birds, 241 reptiles, 98 amphibians, and 120 fishes
species that exists only in our country. This natural capital provides crucial services that are essential
to human welfare such as water purification, soil erosion control and more importantly, cushioning the
impact of climate change.

Enacted in 2001, Republic Act No. 9147, otherwise known as the “Wildlife Resources
Conservation and Protection Act” is the primary piece of legislation relative to wildlife. The Wildlife
Act is a law on wildlife resource conservation and use and on biodiversity protection. It aims to ensure
the continued existence of Philippine wildlife by prescribing measures to regulate human activities that
directly affects/threatens wildlife and to promote ecological balance and enhance biological diversity.

After more than a decade of implementation, the Wildlife Act is ripe for further strengthening
and improvement in order to impose stronger and graver penalties to remove the legal loopholes
exploited by illegal wildlife collectors and traders. It is also high time that the Wildlife Act be updated
to comply with Philippine treaty obligations concerning wildlife under multilateral agreements such as
the Convention on Intemational Trade in Endangered Species of Wild Fauna and Flora (CITES), the
Convention on Biological Diversity (CBD), and the Convention on Migratory Species (CMS).

In view of the foregoing, the immediate passage of this bill is earnestly sought.

GLO} \CAPAGAL ARROYO.
Representative, 2" District, Pampanga


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS

First Regular Session

House Bill No._ 489

Introduced by Rep. Gloria Macapagal Arroyo

AN ACT PROVIDING FOR A REVISED WILDLIFE RESOURCES
CONSERVATION AND PROTECTION ACT, 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 "Revised Wildlife Resources
Conservation and Protection Act of 2022."

SEC. 2. Declaration of Policy. It shall be the policy of the State to conserve and protect
the country's wildlife resources and their habitats for sustainability and to promote ecological
balance, enhance biological diversity, and ensure the provision of ecosystem services. In the
pursuit of this policy, this Act shall have the following objectives:

(a) to regulate the collection, possession, use and trade of wildlife, wildlife by-products
and derivatives;


(b) to pursue, with due regard to the national interest, Philippine commitments to
international conventions, treaties and agreements on the protection of wildlife and their
habitats, and on the fair and equitable sharing of the benefits arising out of the utilization
of genetic resources from wildlife;

(©) to initiate or support scientific studies on the conservation of biological diversity
and sustainable utilization of wildlife resources; and

(d) to promote full awareness and extensive dissemination of policies on wildlife
conservation and protection.

SEC. 3. Scope of Application. - The provisions of this Act shall be enforceable for all
wildlife species found in all areas of the country, including exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.

SEC. 4. Jurisdiction of the Department of Environment and Natural Resources, the
Department of Agriculture and the Palawan Council for Sustainable Development. - The
Department of Environment and Natural Resources (DENR) shall have jurisdiction over all
terrestrial plant and animal species, all turtles and tortoises and wetland species, including but
not limited to crocodiles, water birds and all amphibians and dugong. The Department of
Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic
resources including but not limited to all fishes, aquatic plants, invertebrates and all marine
mammals, except dugong. The secretaries of the DENR and the DA shall review, and by joint
administrative order, revise and regularly update the list of species under their respective
jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development (PCSD) pursuant to Republic Act No. 7611, otherwise
known as the “Strategic Environmental Plan (SEP) for Palawan Act”

CHAPTER II
DEFINITION OF TERMS

SEC. 5. Definition of Terms. - As used in the Act, the term:

(a) "Biological diversity" or "biodiversity" means the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity within
species, between species and of ecosystems;

(b) (n)"Biological resources" to genetic resources, organisms or parts thereof,
populations or any other biotic component of ecosystems with actual or potential use or value
for humanity, including but not limited to, all biological specimens such as plants, seeds, tissues
and other propagation materials, animals, live or preserved, whether whole or in part;

(c) "Bioprospecting" means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes;

(d) “Biosafety” refers to the need to protect human, plant and animal health or life and
the environment from the possible adverse effects of the products of modern biotechnology;


(e) “Botanical garden” refers to an establishment where a collection of wild flora is
maintained for recreational, educational, research, conservation and scientific purposes;

(f) “By-products and derivatives” refer to any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens;

(g) “Captive-breeding/culture or propagation" means the process of producing
individuals under controlled conditions or with human interventions;

(h) “Certificate of Wildlife Registration” refers to a document authorizing a person to

ildlife, by-products and derivatives;
“Certificate of Introduction from the Sea” refers to a document issued by the Bureau
of Fisheries and Aquatic Resources for the introduction from the sea of wildlife species taken
from marine environments outside the jurisdiction of any State;

() "Collection or collecting" means the act of taking, gathering or harvesting wildlife,
its by-products or derivatives;

(k) "Conservation" means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;

() “Critical Habitat” means an area outside protected areas under Republic Act (RA)
No. 7586 or the National Integrated Protected Areas System (NIPAS) Act that are known
habitats of threatened species and designated based on scientific data taking into consideration
species endemicity and/or richness, presence of man-made pressures/threats to the survival of
wildlife living in the area, among others;

(m)"Critically endangered species" refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;

(n) "Economically important species" means species which have actual or potential
value in trade or utilization for commercial purpose as well as species which have actual or
potential negative impact on the environment and economic activities such as, but not limited
to, agriculture and food production;

(0) "Endangered species" refers to species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal factors continue operating;

(p) "Endemic species" means species or subspecies which is naturally occurring and
found only within specific areas in the country;

(q) "Exotic species" means species or subspecies which do not naturally occur in the
country;

(©) “Export permit” refers to a permit authorizing a person to bring out wildlife, wildlife
by-products and derivatives from the Philippines to any other country;

(8) "Genetic material" means any material of plant, animal, microbial or other origin
containing functional units of heredity;

(t) "Genetic resources" means genetic material of actual or potential value;

(u) "Gratuitous permit" means permit issued to any person engaged in noncommercial
scientific, or educational undertaking to collect wildlife;

(v) "Habitat" means place ot environment where species or subspecies naturally occur
or has naturally established its population;

(w)"Import permit" refers to a permit authorizing a person to bring in wildlife, wildlife
by-products or derivatives from another country;

(x) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or
has naturally established population in the country;

(y) "Introduction" means bringing species into the wild that is outside its natural
habitat;

(2) “Introduction from the sea” means transportation into the country of specimens of
any species which were taken in the marine environment not under the jurisdiction of any State;

(aa) "Invasive alien species" or "IAS" refers to species whose introduction and/or



spread outside their natural past or present distribution threatens biological diversity;

(bb) "Local transport permit" means a permit issued authorizing a person to bring
wildlife from one place to another within the territorial jurisdiction of the Philippines”

(cc) “Maltreatment” means the commission of torture or the exercise of cruelty to
any wildlife, or omission or neglect to provide adequate care, sustenance or shelter to wildlife;

(dd) “Near threatened species” refers to a species or subspecies that is not critically
endangered, endangered nor vulnerable but is under threat from adverse factors, such as over
collection, throughout their range and is likely to move to the vulnerable category in the near
future;

(ce) “Other wildlife species” refers to all other wildlife species not classified as
threatened species;

(f) “Person” refers to natural or juridical persons;

(gg) “Possession” refers both to actual possession or immediate physical control
over wildlife, by-products or derivatives; and to constructive possession or ownership or
control over the place or conveyance where the wildlife, by-products or derivatives are found;

(hh) — "Reexport permit" refers to a permit authorizing a person to bring out of the
country a previously imported wildlife, wildlife by-products or derivatives;

(ii) "Secretary" means the Secretary of the Department of Environment and Natural
Resources, the Secretary of the Department of Agriculture;

(i) "Special Local Transport Permit" refers to a permit conferred to holders of Wildlife
Special Use Permit (WSUP) authorizing the conveyance of wildlife, by-products and/or
derivatives from the facility of origin to one or more places in the within the Philippines and
back to the facility of origin;

(kk) "Threatened species" a general term to denote species or subspecies considered
as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose
population is at risk of extinction;

(ll) "Trade" means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by-products, locally or internationally;

(mm) "Traditional use" means utilization of wildlife by indigenous people in
accordance with written or unwritten rules, usage, customs and practices traditionally observed,
accepted and recognized by them;

(nn) "Vulnerable species" refers to species or subspecies that is not critically
endangered nor endangered but is under threat from adverse factors throughout their range and
is likely to move to the endangered category in the near future;

(00) "Wildlife" means wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred or propagated;

(pp) "Wildlife collector's permit" means a permit to take, gather or harvest from the
wild certain species and quantities of wildlife as parental stocks for commercial breeding
Pp 3
(qq) "Wildlife farm/culture permit" means a permit to develop, operate and maintain
a wildlife breeding farm for conservation, trade and/or scientific purposes;

(it) "Wildlife local trade permit" refers to a permit authorizing a person to sell or offer
for sale, wildlife, wildlife by-products and derivatives;

(ss)“Wildlife laundering” means the process by which wildlife traders disguise the
origin and ownership of illegally acquired wildlife by making such appear to have been derived
from a legitimate source to circumvent wildlife laws and regulations;

(tt) “Wildlife rescue center” refers to government established or designated repositories
of confiscated, donated, retrieved, or tumed-over wildlife or an establishment where sick,


injured, confiscated wildlife are temporarily kept and rehabilitated prior to the release to their
natural habitat or implementation of other modes of disposition as may be authorized by the
Secretary or the PCSD;

(uu) “Wildlife registration” refers to the act of entering in the official records
wildlife, by-products and derivatives and granting authority to any person to maintain said
wildlife, by-products and derivatives;

(w) "Wildlife Special Use Permit" refers to a permit authorizing the holder thereof
to utilize legally possessed/acquired wildlife, by-products and derivatives for local shows,
exhibitions, or educational purposes or to collect economically important species for direct
trade purposes;

(aq) “Zoological Park” or “Zoo” refers to an establishment either private or government
‘owned/ operated/ managed where a collection of terrestrial or marine animals is maintained for
recreational, educational, research and scientific purposes.

CHAPTER IIL
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE I
General Provisions

SEC. 6. Wildlife Information. — All activities, as subsequently manifested under this
Chapter, shall be authorized by the Secretary or PCSD upon proper evaluation of best available
information or scientific data showing that the activity is, or for a purpose, not detrimental to
the survival of the species or subspecies involved and/or their habitat. For this purpose, the
Secretary shall regularly update wildlife information through research.

The DENR, DA and PCSD shall establish their respective National Wildlife
Management Committees (NWMCS) to provide technical and scientific advice on wildlife.
Each NWMC shall be respectively composed of representatives from the DENR, DA or PCSD,
as the case may be, the Environmental Management Bureau (EMB), the Biodiversity
Management Bureau (BMB), and other concerned government agencies, and local scientists
with expertise on various fields of discipline on wildlife. The NWMC shall invite as resource
persons when necessary. The DENR, DA or PCSD shall act as Chairperson of their respective
NWMC.

The DENR and DA shall establish Regional Wildlife Management Committee
(RWMCS) to provide technical and scientific advice on wildlife to DENR and DA field offices.

SEC. 7. Biosafety - All activities dealing on genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation, introduction, field
release and breeding of organisms that are potentially harmful to man and the environment
shall be reviewed by DENR, PCSD or DA-BFAR in accordance with the biosafety guidelines
ensuring public welfare and the protection and conservation of wildlife and their habitats.


SEC. 8. Economically Important Species. ~The Secretary or PCSD shall establish a list
of economically-important species. Where appropriate, a population assessment of such
species shall be conducted within a reasonable period and shall be regularly reviewed and
updated by the Secretary.

The collection of certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the population of such species can
still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall
establish a schedule and volume of allowable harvests.

Whenever an economically important species become threatened, any form of
collection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.

SEC. 9. Invasive Alien Species. ~ The Secretary and PCSD shall manage invasive alien
species (IAS) and formulate a National Invasive Alien Species Strategy and Action Plan
(NISSAP) on the prevention, detection, eradication, control of, and rehabilitation from,
invasive alien species, particularly those having the greatest impacts on the environment,
biodiversity, human health and livelihoods. Within one (1) year after the effectivity of this Act,
the Secretary and the PCSD, shall jointly establish a list of invasive and potentially invasive
alien species.

The list of [AS and the NISSAP shall be periodically reviewed and updated.

All national government agencies and local government units shall coordinate with the
DENR, DA and PSCD in the implementation and localization of the strategy and action plan.

SEC. 10. Designation of Management and Scientific Authorities for International Trade
in Endangered Species of Wild Fauna and Flora. ~ For the implementation of international
agreement on international trade in endangered species of wild fauna and flora, the
management authorities for terrestrial and aquatic resources shall be the Biodiversity
Management Bureau (BMB) of the DENR and the Bureau of Fisheries and Aquatic Resources
(BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof
is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No.
7611.

To provide advice to the management authorities, there shall be designated scientific
authorities for terrestrial and aquatic/marine species. For the terrestrial species, the scientific
authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR,
the University of the Philippines (U.P.) Institute of Biological Sciences, U.P. Institute of
Biology and the National Museum and other agencies as may be designated by the Secretary.
For the marine and aquatic species, the scientific authorities shall be the National Fisheries
Research and Development Institute (NFRDI), U.P. Marine Science Institute, U.P. Visayas,
Siliman University and the National Museum and other agencies as may be designated by the
Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific
authorities, and in the case of marine and aquatic species, the NFRDI shall chair the scientific
authorities.



ARTICLE II

Permissible Activities

SEC. 11. Collection of Wildlife. - Collection of wildlife may be allowed in accordance
with Section 6 of this Act: Provided, That in the collection of wildlife, appropriate and
acceptable wildlife collection techniques with least or no detrimental effects to the existing
wildlife populations and their habitats shall, likewise, be required: Provided, further, That
collection of wildlife by indigenous people in their ancestral land/domain may be allowed for
traditional use and not primarily for profit: Provided, furthermore, That collection of aquatic
wildlife resources by indigenous people are subject to conditions to be provided by the
Secretary of the Department of Agriculture: Provided, still furthermore, That collection and
utilization for said purpose shall not cover threatened species: Provided, finally, That Section
21 of this Act shall govern the collection of threatened species.

SEC. 12. Possession of Wildlife. - No person or entity shall be allowed possession of
wildlife unless such person or entity can prove financial and technical capability, including
scientific knowledge, and facility to maintain said wildlife: Provided, That the same was not
obtained in violation of this Act or other laws.

SEC. 13. Collection and/or Possession of By-Products and Derivatives. - By-products
and derivatives may be collected and/or possessed: Provided, That the same was not obtained
in violation of this Act or other laws.

SEC. 14. Local Transport of Wildlife, By-Products and Derivatives. - Local transport
of wildlife, by-products and derivatives legally collected or possessed shall be authorized
unless the same is prejudicial to the wildlife and public health.

SEC. 15. Exportation and/or Importation of Wildlife, By-Products and Derivatives. -
Wildlife, by-products and derivatives may be exported to or imported from another country as
may be authorized by the Secretary or the PCSD or their designated representatives, subject to
strict compliance with the provisions of this Act and rules and regulations promulgated
pursuant thereto: Provided, That the recipient of live wildlife is technically and financially
capable to maintain it. Provided, further, That the importation of invasive alien species shall
not be allowed.

SEC. 16. Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wildlife. — (a) The introduction, reintroduction or restocking of endemic and indigenous
wildlife shall be allowed only for population enhancement or recovery purposes subject to prior
clearance from the Secretary or the authorized representative pursuant to Section 6 of this Act.

‘Any proposed introduction shall be subject to a scientific study which shall focus on
the bioecology and natural history. The proponent shall also conduct public consultations with
concerned individuals or entities. (12a)

SEC. 17. Introduction of Exotic Wildlife. — No exotic species shall be introduced into
the country, unless a clearance from the Secretary or PCSD or their authorized representatives
is first obtained. In no case shall exotic species be introduced into protected areas covered by


Republic Act No. 7586 and to critical habitats under Section 27 hereof. Provided, That the
introduction of such exotic species shall not pose any adverse impacts on local ecology and
that further environmental impact study shall be undertaken which shall focus on the
bioecology, natural history, socioeconomic and related aspects of the area where the species
will be introduced. The proponent shall also be required to secure the prior informed consent
from the local stakeholders.

SEC. 18. Bioprospecting. — Bioprospecting shall be allowed upon execution of an
undertaking by any proponent, stipulating therein its compliance with and commitment(s) to
reasonable terms and conditions that may be imposed by the Secretary which are necessary to
protect biological diversity and assure the fair and equitable sharing of benefits derived from
the utilization of Philippine genetic resources.

The Secretary or the PCSD or their authorized representatives, in consultation with the
concemed agencies, before granting the necessary permit, shall require that prior informed
consent be obtained by the applicant from the concemed indigenous cultural communities,
local communities, the Protected Area Management Board under Republic Act No. 7586, of
any person. The applicant shall disclose fully the intent and scope of the bioprospecting activity
in a language and process understandable to the community. The prior informed consent from
the indigenous peoples shall be obtained in accordance with existing laws. The action on the
bioprospecting proposal by concemed bodies shall be made within a reasonable period.

Upon submission of the complete requirements, the Secretary shall act on the research
proposal within a reasonable period.

If the applicant is a foreign entity or individual, a local institution shall be actively
involved in the research, collection and, whenever applicable and appropriate, in the
technological development of the products derived from the biological and genetic resources.

SEC. 19. Scientific Researches on Wildlife. - Collection and utilization of biological
resources for scientific research and not for commercial purposes shall be allowed upon
execution of an undertaking/agreement and/or issuance of a gratuitous permit by the Secretary
or the authorized representative: Provided, That clearance from concemed bodies shall be
secured before the issuance of the gratuitous permit: Provided, That conditions for scientific
researches conducted by Filipino students may be provided by the Secretary or PCSD.

If the applicant is a foreign entity or individual, a local institution shall be actively
involved in the research, collection and, whenever applicable and appropriate, in the
technological development of the products derived from the biological and genetic resources.

SEC. 20. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or
propagation of wildlife for commercial purposes shall be allowed by the Secretary or PCSD or
their authorized representatives pursuant to Section 6 through the issuance of wildlife
farm/culture permit: Provided, That only propagated flora and progenies of wild fauna raised,
as well as unproductive parent stock shall be utilized for trade: Provided, further, That
‘commercial propagation and breeding operations for wildlife, whenever appropriate, shall be
subject to an environmental impact study.

SEC. 21. Collection of Threatened Wildlife, By-products and Derivatives - The
collection of threatened wildlife, as determined and listed pursuant to this Act, including its by-


products and derivatives, shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act: Provided, That only persons accredited by
the Secretary or PCSD shall be allowed to collect for conservation breeding or propagation
Purposes.

SEC. 22. Conservation Breeding or Propagation of Threatened Species - Conservation
breeding or propagation of threatened species shall be encouraged in order to enhance its
population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or
protection of the habitat where the captive-bred or propagated species shall be released,
reintroduced or restocked.

SEC. 23. Commercial Breeding or Propagation of Threatened Species - Commercial
breeding or propagation of threatened species may be allowed provided that the following
minimum requirements are met by the applicant, to wit:

(a) Proven effective breeding and captive management techniques for the species; and

(b) Commitment to undertake commercial breeding in accordance with Section 20 of
this Act, simultaneous with conservation breeding.

‘The Secretary or PCSD shall prepare a list of threatened species for commercial
breeding and shall regularly revise or update such list or as the need arises.

ARTICLE Ill

Permits, Fees and Charges

SEC. 24. Authority of the Secretary to Issue Permits. - The Secretary, or the duly
authorized representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever appropriate,
which shall include but not limited to the following:

(1) Wildlife farm or culture permit 3 to 5 years;

(2) Wildlife collector's permit 1 to 3 years;

(3) Gratuitous permit 1 to 3 years;

(4) Local transport permit not more than 3 months;
(5) Export/Import/Reexport Permit 1 to 6 months;

(6) Special Local Transport Permit not more than 3 months;
(7) Wildlife Trade Permit 1 year;


(8) Wildlife Special Use Permit 1 to 3 years;
(9) Certificate of Introduction from the Sea 1 to 6 months

These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups. (20a)

SEC 25. Authority (0 collect fees and charges. — The Secretary or PCSD are hereby
authorized to impose and collect reasonable fees and charges as may be determined upon
consultation with the concerned groups, and in the amount fixed by the Secretary of PCSD for
the issuance of permits enumerated in the preceding section.

For the export of wildlife species, an export permit fee of not greater than five percent
(5%) of the export value, excluding transport costs, shall be charged: Provided, however, that
in the determination of aforesaid fee, the production costs shall be given due consideration. Cut
flowers, leaves and the like, produced from farms shall be exempted from the said export fee:
Provided, further, That fees and charges shall be reviewed by the Secretary every two (2) years
or as the need arises and revise the same accordingly, subject to consultation with concerned
sectors: Provided, furthermore, That the Secretary or PCSD may an impose an import permit
fee based on import value and/or valuation of potential risks to biodiversity and human health:
Provided, finally, That fees and charges under international agreements shall be borne by the
applicant.

ARTICLE IV.

Protection of Threatened Species

SEC. 26. Determination of Threatened Species. - The Secretary or PCSD shall
determine whether any wildlife species or subspecies is threatened, and classify the same as
critically endangered, endangered, vulnerable or other accepted categories based on the best
scientific data and with due regard to internationally accepted criteria, including but not limited
to the following:

(a) present or threatened destruction, modification or curtailment of its habitat or range;

(b) over-utilization for commercial, recreational, scientific or educational purposes; and

(©) other natural or man-made factors affecting the existence of wildlife.

The Secretary or PCSD shall review, revise and publish the list of categorized
threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be
updated regularly or as the need arises: Provided, that a species listed as threatened shall not
be removed there from within three (3) years following its initial listing.

Upon filing of a petition based on substantial scientific information of any person
seeking for the addition or deletion of a species from the list, the Secretary or PCSD shall

"


evaluate in accordance with the relevant factors stated in the first paragraph of this section, the
status of the species concerned and act on said petition within a reasonable period.

SEC. 27. Registration of Threatened and Exotic Wildlife in the Possession of Private
Persons. — Threatened wildlife possessed without a Certificate of Wildlife Registration shall
be confiscated in favor of the government, subject to the penalties herein provided. Certificates
of Wildlife Registration shall be issued only for the following:

(a) Wildlife stock acquired under a prior valid wildlife permit issued to the same
applicant, including but not limited to wildlife import permits or certifications, wildlife
collector's permit, subject to submission of proof of legal acquisition;

(b) Wildlife stock purchased or otherwise acquired from legal sources subject to
submission of proof of legal acquisition: Provided that, the sale or disposition of the stock to
the applicant was duly reported to the DENR, DA or PCSD by the source; Provided further,
That, the wildlife sold or disposed are limited to those allowable under Sections 20 and 23 of
this Act; and

(©) Progenies or offspring of duly registered parental wildlife stocks.

Possession of registered wildlife species shall be subject to the conditions under Section
12. When a registered threatened species is needed for breeding, propagation or research
purposes, the State may acquire the registered wildlife from any person through a mutually
acceptable arrangement. (26a)

ARTICLE V
Critical Habitats

‘SEC. 28. Establishment of Critical Habitats. -The Secretary or PCSD shall designate
critical habitats outside protected areas under Republic Act No. 7586, where threatened species
are found. Such designation shall be made on the basis of the best scientific data taking into
consideration species endemicity and/or richness, presence of man-made pressures/threats to
the survival of wildlife living in the area, among others.

All designated critical habitats shall be protected, in coordi with the local
government units and other concerned groups, from any form of exploitation or destruction
which may be detrimental to the survival of the threatened species dependent therein. For such
purpose, the Secretary or PCSD may acquire, by purchase, donation or expropriation, lands, or
interests therein, including the acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.

CHAPTER IV.


WILDLIFE CRIME

ARTICLE |
Mlegal Acts

SEC. 29, Iegal Acts. - Unless otherwise allowed in accordance with this Act, it shall
be unlawful for any person to willfully and knowingly undertake, or to induce, solicit or employ
another person to undertake, the following acts:

(a) killing and/or destroying wildlife species, including causing death or destruction as
a result of any violation of this Act, except in the following instances;

(®) when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;

(ii) when the wildlife is afflicted with an incurable communicable disease;

(iii) when it is deemed necessary to put an end to the misery suffered by the
wildlife;

is done to prevent an imminent danger to the life or limb of a human

(v) when the wildlife is killed or destroyed after it has been used in authorized
research or experiments; and

(vi) when done for the purpose of wildlife population management or
eradication of invasive alien species, as authorized by the DENR, DA or
PCSD."

(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;

(©) affecting any of the following acts in critical habitat(s):
(i) dumping of waste products detrimental to wildlife and/or the critical habitat;
(ii) squatting or otherwise illegally occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction, treasure-hunting and/or prospecting;
(iv) burning;
(¥) logging; and

(vi) quarrying.


(d) introduction, reintroduction or restocking of wildlife resources;

(©) trading or attempting to trade, wildlife, by-products and/or derivatives, including
advertising, contracting or offering for the purpose of sale or procurement of wildlife, by-
products and/or derivatives;

(f) collecting, hunting or possessing wildlife, their by-products and/or derivatives;

(g) gathering or destroying of active nests, nest trees, host plants and the like;

(h) maltreating and/or inflicting other injuries not covered by the preceding paragraphs;
(i) transporting of wildlife; and

@ wildlife laundering.

ARTICLE II
Penalties

SEC. 30. Penalties for Violations of this Act. - For any person who undertakes illegal acts under
paragraph (a) of the immediately preceding section to any species as may be categorized
pursuant to this Act, the following penalties and fines shall be imposed:

(a) imprisonment of reclusion temporal (from 12 years and 1 day to 20 years) and a
fine of Two hundred thousand pesos (P200,000.00) to Two million pesos
(P2,000,000.00), if inflicted or undertaken against species listed as critically
endangered;

(b) imprisonment of prision mayor (From 6 years and 1 day to 12 years) and a fine of
One hundred thousand pesos (P100,000.00) to One Million (P1,000,000.00) if inflicted
or undertaken against endangered species;

(©) imprisonment of prision correccional in its medium and maximum period (From 2
years, 4 months and 1 day to 6 years) and a fine of Sixty thousand pesos (P60,000.00)
to Six hundred thousand pesos (P600,000.00), if inflicted or undertaken against
vulnerable species;

(@) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Forty thousand pesos (P40,000.00) to Four
hundred thousand pesos (P400,000.00) if inflicted or undertaken against near
threatened species; and

(©) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00) to Two
hundred thousand pesos (P200,000.00), if inflicted or undertaken against other wildlife

“


species.

For illegal acts under paragraph (b) of the immediately preceding section, the following
penalties and fines shall be imposed:

(a) imprisonment of prision correccional in its maximum period (From 4 years, 2
months and I day to 6 years) and a fine of One hundred thousand pesos (P100,000.00)
to One Million pesos (P1,000,000.00), if inflicted or undertaken against species listed
as critically endangered;

(b) imprisonment of prision correccional in its medium period (From 2 years, 4 months
and 1 day to 4 years and 2 months) and a fine of Sixty thousand pesos (P60,000.00) to
Four hundred thousand pesos (P400,000.00), if inflicted or undertaken against
endangered species;

(©) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Forty thousand pesos (P40,000.00) to Four
hundred thousand pesos (400,000.00), if inflicted or undertaken against vulnerable
species;

@ imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and fine of Twenty thousand pesos (P20,000.00) to One
hundred thousand Pesos (P100,000.00), if inflicted or undertaken against near
threatened speci

e) imprisonment of arresto mayor (From 1 month and 1 day to 6 months) and a fine of
Ten thousand pesos (P10,000.00) to Forty thousand pesos (P40,000.00), if inflicted or
undertaken against other wildlife species.

For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an
imprisonment of arresto mayor to prision mayor in its minimum period (From 1 month and 1
day to 8 years) and a fine of Ten thousand pesos (P10,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed. If critical habitat requires rehabilitation or restoration as
determined by the Court, the offender shall be additionally required to restore the same,
whenever practicable, or pay additional compensation for the damage caused.

For illegal acts under paragraph (e), the following penalties and fines shall be imposed:

(a) imprisonment of prision correccional in its maximum period (From 4 years, 2
months and 1 day to 6 years) and a fine of Fifty thousand pesos (P50,000.00) to Six
hundred thousand pesos (P600,000.00), if involving species listed as critically
endangered;

(b) imprisonment of prision correccional in its medium period (From 2 years, 4 months
and | day to 4 years and 2 months) and a fine of Thirty thousand pesos (30,000.00) to
Four hundred thousand pesos (P400,000.00), if involving endangered species;

(©) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00) to Two
hundred thousand pesos (P200,000.00), if involving vulnerable species;


(@) imprisonment of arresto mayor (From 1 month and 1 day to 6 months) and a fine
of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
involving species listed as near threatened species; and

(©) imprisonment of arresto menor in its medium period and maximum period (From
11 to 30 days) and a fine of Five thousand pesos (P5,000.00) to Forty thousand pesos
(P40,000.00), if involving other wildlife species.

For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the
following penalties and fines shall be imposed:

a) imprisonment of prision correccional in its medium period (From 2 years, 4 months
and 1 day to 4 years and 2 months) and a fine of Sixty thousand pesos (P60,000.00) to
Six hundred thousand pesos (P600,000.00), if inflicted or undertaken against species
listed as critically endangered;

(b) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Forty thousand pesos (P40,000.00) to Four
hundred thousand pesos (P400,000.00), if inflicted or undertaken against endangered
species;

(©) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00) to Two
hundred thousand pesos (P200,000.00), if inflicted or undertaken against vulnerable
species;

(d) imprisonment of arresto mayor (From | month and | day to 6 months) and a fine
of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
inflicted or undertaken against species as near threatened species; and

(c) imprisonment of arresto menor in its medium period and maximum period (From
11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten thousand pesos
(P10,000.00), if inflicted or undertaken against other wildlife species: Provided, That
in case of paragraph (f), where the acts were perpetuated through the means of
inappropriate techniques and devices, the maximum penalty herein provided shall be
imposed.

For illegal acts under paragraphs (h) and (i) of the immediately preceding section, the

following penalties and fines shall be imposed:

(a) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of One hundred thousand pesos (P100,000.00)
to Two hundred thousand pesos (P200,000.00) if inflicted or undertaken against species
listed as critically endangered;

(b) imprisonment of arresto mayor in its maximum period (From 4 months and 1 day
to 6 months) and a fine of Forty thousand pesos (P40,000.00) to One hundred thousand
pesos (P 100,000.00), if inflicted or undertaken against endangered species;

(©) imprisonment of arresto mayor in its minimum and medium period (From 1 month

16


to 4 months) and a fine of Ten thousand pesos (P10,000.00) to Forty thousand pesos
(P40,000.00), if inflicted or undertaken against vulnerable species;

(@) imprisonment of arresto menor in its medium period and maximum period (From
11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten thousand pesos
(P10,000.00), if inflicted or undertaken against species listed as near threatened species;

(©) imprisonment of arresto menor in its minimum period (From 1 to 10 days) and-a
fine of Five hundred pesos (P500.00) to Two thousand pesos (P2,000.00), if inflicted
or undertaken against other wildlife species.

For illegal acts under paragraph (j), the following penalties and fines shall be imposed:

(a) imprisonment of prision correccional in its maximum period (From 4 years, 2
months and | day to 6 years) and a fine of Fifty thousand pesos (P50,000.00) to Six
hundred thousand pesos (P600,000.00), if involving species listed as critically
endangered;

(b) imprisonment of prision correccional in its medium period (From 2 years, 4 months
and | day to 4 years and 2 months) and a fine of Thirty thousand pesos (P30,000.00) to
Four hundred thousand pesos (P400,000.00), if involving endangered species;

(©) imprisonment of prision correccional in its minimum period (From 6 months and 1
day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00) to Two
hundred thousand pesos (P200,000.00), if involving vulnerable species;

(@) imprisonment of arresto mayor (From 1 month and | day to 6 months) and a fine
of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
involving species listed as near threatened species; and

(©) imprisonment of arresto menor in its medium period and maximum period (From
11 to 30 days) and a fine of Five thousand pesos (P5,000.00) to Forty thousand pesos
(P40,000.00), if involving other wildlife species.

SEC. 31. Additional Criminal liabilities. — (a) If the violation is committed by a
corporation, cooperative, association or any other juridical person, such as but not limited to
airfreight, shipping, trucking or forwarding companies, the penalty shall be imposed upon the
president, director or directors, managers, managing partner, or other official thereof
responsible for such violation. Provided That, that the amount/s of the fine shall be doubled;
Provided, further, That the liability imposed on the juridical person shall be without prejudice
to the criminal liability of the natural person who actually committed the offense.

(b) Any government official or employee who violates this Act, shall, in addition to the
penalty which may be imposed upon him as principal, be perpetually disqualified from holding
any public office.

©) Any person convicted of a violation of this Act shall be permanently and perpetually
disqualified from being issued any wildlife permits, clearances, agreements and/or certificates.
(n)


SEC. 32. Civil liabilities. — Civil action for the recovery of civil liability arising from
the offense charged shall be included in the criminal action or separately filed. Civil liabilities
are separate from criminal and administrative liabilities and shall include costs for maintenance
of apprehended live wildlife species, economic reparations, or indemnification or repairing
environment damage, among others.

SEC. 32. Escalation of the amount of fines. - The fines herein prescribed shall
automatically increase, without need for further legislation or administrative issuance, by ten
percent (10%) every three (3) years from the effectivity of this Act to maintain the deterrent
function of such fines. (28a)

ARTICLE III
Disputable Presumptions and Qualifying Circumstances

SEC. 33. Disputable presumptions. - Without the appropriate wildlife permit,
certification or clearance, or authority, at the time of apprehension, the following shall
constitute prima facie evidence of the corresponding illegal acts punishable under this Act:

(a) Possession of any hunting, trapping or collecting paraphernalia along with live or
dead wildlife, wildlife products and derivatives shall be a disputable presumption that the
possessor caused the killing and/or destruction, infliction of injury, maltreatment, collection,
hunting of wildlife, wildlife by-products and/or derivatives, as appropriate;

(b) Presence of fresh and/or dried blood, by-products or derivatives of the wildlife, with
or without the tools, equipment and/or paraphernalia derivatives, shall be a disputable
presumption of the killing and/or destruction of the wildlife species involved;

(©) Entry into areas designated as critical habitats while in possession of hunting,
trapping or collecting paraphernalia shall be a disputable presumption of that the person intends
to collect, hunt or gather wildlife resources; and

(f) Failure on the part of the airfreight, shipping, trucking or forwarding companies
from whose possession the wildlife, by-products and/or derivatives are discovered or seized to
fully cooperate in the investigation by concerned government authorities on the matter shall
create a presumption that there is connivance or conspiracy between the company and the
shipper to violate the provisions of this Act. (n)

SEC. 34. Qualifying Circumstances. — Each wildlife specimen shall constitute a
separate and distinct count of an illegal act. The imposition of penalties shall be qualified
according to the following circumstance:

a. If more than one (1) specimen of a critically endangered species is in involved the
maximum penalty shall be imposed;

b. If more than five (5) of specimens of an endangered species is in involved the

18


maximum penalty shall be imposed;

c. If more than eight (8) specimens of a vulnerable species is in involved the maximum
penalty shall be imposed;

4. If more than ten (10) specimens of a near threatened species is in involved the
maximum penalty shall be imposed;

e. If more than fifteen (15) specimens of other species is in involved the maximum
penalty shall be imposed;

d. If more than twenty (20) wildlife specimens of any classification are involved, the
maximum penalty shall be imposed;

¢. If prohibited act is committed in a large scale and/or by a syndicated the penalty of
twice the maximum penalty imposable shall be imposed. A prohibited act is deemed large scale
when the total number specimens of wildlife species involved is more than thirty (30). A
prohibited act is deemed committed by a syndicate if more than three (3) persons are involved;

d. If the prohibited act committed involves the inducement of indigenous peoples,

SEC 35. Penalties for recidivists. - The maximum applicable penalty shall be imposed
upon a recidivist who commits any of the illegal acts punishable under this Act. A recidivist
shall mean a person who, at the time of his or her trial for a violation of this Act, shall have
been previously convicted by final judgment of the same or another violation of this Act.

SEC 36. Liability under Other Laws. - Prosecution for violation of this Act shall be
without prejudice to the prosecution of the offender for violation of other laws, rules and
regulations.

ARTICLE IV
Administrative Adjudication

SEC. 37. Authority to adjudicate and administer penalties. - The Secretary or PCSD
or their respective authorized representatives are authorized to exercise administrative
adjudication confiscation and forfeiture powers, including the power to cite in contempt, in all
cases of violations of this Act and may impose administrative sanctions such as payment of
fines, and/or order the suspension or cancellation of existing wildlife permits and
disqualification for future permits, the closure of establishment, and/or the confiscation and
forfeiture of all wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with the violation, and to dispose of the same in accordance
with pertinent laws, regulations or policies on the matter. The Secretary or PCSD or their
respective authorized representatives may, after due notice and hearing, cancel or suspend
wildlife permits, clearances, agreements and/or certificates due to violation of this Act, its
implementing rules and regulations, and/or the terms of the permits, agreements or certificates.
The Secretary or PCSD shall issue appropriate procedural rule and regulations. (n)


CHAPTER IV
WILDLIFE LAW ENFORCEMENT

SEC. 39. Creation of Plantilla Positions for Wildlife Law Enforcement. ~ The DA,
DENR and PCSD are hereby authorized to create, subject to existing guidelines, permanent
positions of Wildlife Enforcement Agents, or designate their existing permanent employees as
such from their respective enforcement units. Such Wil Enforcement Agents shall have
full authority to conduct enforcement activities to enforce the provisions of this Act such as,
but not limited to, the conduct of surveillance activities, investigation, application and
implementation of search warrants, arrests of violators and seizures of illegally possessed,
collected, traded or transported wildlife, their by-products and derivatives including the
conveyances, tools and implements used thereto. Wildlife Enforcement Agents are authorized
to carry their agency's badge and government firearms in the conduct of their duties, subject to
the existing rules on firearms and after proper training from any government facility conducting
firearms training

SEC. 39. Deputation of Wildlife Enforcement Officers. - The Secretary and PCSD shall
deputize wildlife enforcement officers from nongovernment organizations, citizens groups,
community organizations, local government units and other volunteers who have undergone
necessary training for this purpose. The Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP), the National Bureau of Investigation (NBI) and other law
enforcement agencies shall designate wildlife enforcement officers. As such, the wild
enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest
violators of this Act subject to existing laws, rules and regulations on arrest and detention.

SEC. 40. Creation of Wildlife Traffic Monitoring Units. — The Secretary shall create
wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the
strict compliance and effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements. For this purpose, the DENR, DA or
PCSD are authorized to add in their staffing pattern Wildlife Inspectors, to be assigned at
WTMUs, who shall have the same powers and authorities as of the Wildlife Enforcement
Officers. National government agencies with mandates on transportation and local government,
units shall provide necessary assistance to such wildlife traffic monitoring units.

Customs officers and/or other authorized government representatives such as, but not
limited to, those from the Office of Transport Security (OTS) of the Civil Aviation Authority
of the Philippines (CAAP), assigned at air or seaports who may have intercepted wildlife
commodities in the discharge of their official functions shall turn over intercepted wildlife, by-
products and derivatives to the wildlife traffic monitoring unit assigned in the area.

SEC. 41. Wildlife regulatory and law enforcement information system. — The Secretary
and PCSD shall develop, establish and maintain a wildlife law enforcement management
information system to aid in the monitoring, regulation, control and surveillance of activities
involving wildlife, particularly the possession, transport and trade of wildlife, wildlife by-
products and derivatives.


SEC. 43. Role of Local Government Units. — Local government units shall support the
DENR, DA and PCSD in the implementation of this Act. Local government units shall require
the presentation of the appropriate and duly issued wildlife permits and/or clearances by
persons engaged in activities involving wildlife as a pre-requisite for the issuance or renewal
of business permits and other applicable local government permits and clearances to such
persons.

SEC. 44. Public Participation. - The participation of the private citizens in reporting
and providing information on illegal wildlife trade shall be encouraged. Any private person
who shall provide any information leading to the apprehension, prosecution and/or conviction
of any offender for any violation of this Act and its implementing rules and regulations, or
confiscation of wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with the violation, may be given a reward in an amount to be
determined through a policy guideline issued by the Secretary or the PCSD.

SEC. 38. Strategic Lawsuit Against Public Participation (SLAPP) in the Enforcement
of this Act. — A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse
that any person, institution, or the government has taken or may take in the enforcement of this
Act shall be treated as a Strategic Lawsuit Against Public Participation (SLAPP).

‘The hearing on the defense of a SLAPP shall be summary in nature, the affirmative
defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. If the
court dismisses the action, the court may award damages, attorney’s fees, and costs of suit
under a counterclaim if such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary
hearing shall be treated as evidence of the parties on the merits of the case. The action shall
Proceed in accordance with the Rules of Court.

The Rules of Procedure for Environmental Cases shall govern the procedure in ci
criminal, and special civil actions involving the enforcement or violations of this Act including
actions treated as a SLAPP as provided in this section.

CHAPTER VI
MISCELLANEOUS PROVISIONS

SEC. 45. Wildlife Management Fund. ~ The are hereby established Wildlife
Management Funds each to be administered by the DENR, DA and PCSD as a special account
in the National Treasury. It shall finance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scientific research, enforcement and
monitoring activities, procurement of vehicles, firearms and ammunitions, as well as
enhancement of capabilities of relevant agencies. The Wildlife Management Fund may also be
used for establishment of intelligence or confidential funds for confidential law enforcement
operations.

The Fund shall derive from administrative and criminal fines imposed, civil liabilities

a


and damages awarded, proceeds from allowable disposition of wildlife, wildlife by-products
and derivatives, fees, charges, donations, endowments, administrative fees or grants in the form
of contributions. Contributions to the Fund shall be exempted from donor taxes and all other
tax charges or fees imposed by the government. The administrative and criminal fines imposed,
civil liabilities and damages awarded shall accrue to the Wildlife Management Fund of the DA,
DENR or PCSD as the case may be.

SEC. 46. Exemption from taxes - Any donation, contribution, bequest, subsidy or
financial aid which may be made to the DENR, DA, PCSD and to NGOs and peoples
organizations engaged in wildlife conservation, protection and law enforcement duly registered
with the Securities and Exchange Commission or the Cooperative Development Authority, as
certified by the local government unit, the DENR, DA or PSCD, for the conservation and
protection of wildlife resources and their habitats shall constitute as an allowable deduction
from the taxable income of the donor and shall be exempt from donor's tax.

SEC. 47. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife
rescue centers to take temporary custody and care of all confiscated, abandoned and/or donated
wildlife to ensure their welfare and well-being. Such wildlife rescue centers shall be staffed by
permanent qualified personnel and shall also have the necessary tools, machines, equipment
and facilities consistent with the requirements of animal health and welfare. The Secretary shall
formulate guidelines for the disposition of wildlife from the rescue centers.

SEC. 48. Establishment of National Wildlife Research Centers, - The Secretary and
PCSD shall establish national and local wildlife research centers, as the case may be, for
terrestrial and aquatic species to lead in the conduct of scientific researches on the proper
strategies for the conservation and protection of wildlife, including captive breeding or
propagation. Such research centers shall be staffed by permanent qualified personnel and shall
also have the necessary tools, machines, equipment and facilities to conduct forensic analyses
and other related capabilities for wildlife law enforcement. In this regard, the Secretary and
PCSD shall establish partnerships with experts from academic and research institutions and the
legitimate wildlife trade industry.

SEC. 49. Flagship Species. - Local government units shall initiate conservation
measures for wildlife species in their areas. For this purpose, they may adopt flagship species
such as the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus mindorensis),
Philippine tarsier (Tarsius syrichta), Philippine teak (Tectona philippinensis), which shall serve
as emblems of conservation for the local government concerned. The Secretary or PCSD or
their authorized representatives may provide guidelines on the selection of flagship species.

‘SEC. 50. Heritage trees. — In coordination with and with assistance from the DENR or
PCSD, local government units shall declare or designate as heritage trees certain qualified
endemic or indigenous tree species within their territorial jurisdiction. The Secretary or PCSD
or their authorized representatives may provide guidelines on the selection of heritage trees.
(0)

SEC. 51. Botanical Gardens, Zoological Parks and Other Similar Establishments. -
The Secretary shall regulate the establishment, operation and maintenance of botanical gardens,
zoological parks and other similar establishments for recreation, education and conservation.

SEC. 52. Registration of museum specimens. - Except for the National Museum, all

2


other museums and similar establishments displaying wildlife by-products and derivatives for
public viewing shall register said specimens with the DENR, DA or PCSD, as the case may be.

SEC. 52. Communication, Education and Public Awareness. - The DENR, DA and
PCSD shall undertake wildlife information awareness and wildlife crime prevention activities
in coordination with and with assistance from the other national agencies and local government
units.

CHAPTER VII
FINAL PROVISIONS,

SEC. 53. Appropriations. - The amount of Fifty million pesos (PhP50,000,000.00)
shall be appropriated annually for the implementation of this Act. It shall be proportionately
distributed to DENR, DA and PCSD.

SEC. 54. Implementing Rules and Regulations. - Within twelve (12) months following
the effectivity of this Act, the Secretaries shall jointly promulgate the implementing rules and
regulations for the effective implementation of this Act. Whenever appropriate, coordination
in the preparation and implementation of rules and regulations on joint and inseparable issues
shall be done by the DENR, DA and PCSD. The commitments of the State to international
agreements and protocols shall likewise be a consideration in the implementation of this Act.

SEC. 55. Construction. - The provisions of this Act shall be liberally construed in favor
of the conservation and protection of wildlife species and their habitats as defined in this Act,
toward the promotion of ecological balance and enhancement of biological diversity.

SEC. 56. Report to Congress. The Secretary or PCSD shall report to Congress, not
later than March 30 of every year following the approval of this Act, the progress of efforts to
conserve and protect Philippine wildlife resources and make the necessary recommendations
in areas where there is need for legislative action.

SEC. 57. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor and oversee the implementation of the
provisions of this Act. The Committee shall be composed of six (6) members from the Senate
and six (6) members from the House of Representatives with the Chairpersons of the
Committees on Environment and Ecology of the Senate and the House of Representatives,
respectively, as joint Chairpersons of the Joint Committee. The five (5) other members from
each Chamber are to be designated by the Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro rata representation but shall
have at least two (2) representatives from each Chamber.

SEC. 58. Mandatory Review. - At least once every five (5) years after the effectivity of

this Act, or as the need arises, the Congressional Oversight Committee shall undertake the
mandatory review of this Act.

23


SEC. 59. Separability Clause. - 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. (39)

SEC. 60. Repealing Clause.~ Republic Act No. 9147 is hereby repealed. All other laws,
ordinances, orders, rules, regulations and other issuances or parts thereof which are inconsistent
with this Act are hereby repealed or amended accordingly.

SEC. 61. Transitory provisions. - All rules and regulations issued pursuant to Republic
‘Act No. 9147 shall remain in full force and effect until repealed, revised or otherwise modified
by subsequent issuances.

SEC. 61. Efféctivity. - This Act shall take effect fifteen (15) days after publication in
the Official Gazette ot two (2) newspapers of general circulation.

Approved.

24