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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
-
chrmTEENTH coNGREss
Second Regular Session
H.us.BiuN..8649
•-   Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT INSTITUTIONALIZING THE NATIONAL POLICY 0N ACCESS, AND BENEFIT-
sllARING FROM THE uTILlzATION OF pHILmplNE GENETlc REsOuRCEs AND
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
According to Section  16,  Article 11  of the  1987  Philippine Constitution,  the State has the ultimate
responsibility to preserve and protest the  environment.  Seetion 2  Article XII  further provides  that
wildlife, flora and fauna, among others, are owned by the State and the disposition, development and
utilization thereof are under its full control and supervision.
Thus, this bill aims to establish a strengthened policy framework on access and benefit-sharing from
the utilization of genetic resources  in the country and implements  our commitment to the Nagoya
Protcool. Towards this, an Inter-Agency Committee on Genetic Resources and Associated Traditional
Knowledge is created to harmonize, integrate, enhance, implement, and monitor our compliance with
treaty,  statutory and regulatory provisions  on access  and benefit  sharing (ABS)  and utilization  of
Philippine genetic resources. The said inter-agency committee will be headed by the Seeretaries of the
Department of Agriculture (DA) and DENR.
This bill also designates the Biodiversity Management Bureau (BMB) of DENR as the national fcoal
authority  on  access  and  benefit  sharing  while  enjoining  other  national  government  agencies  with
research  and  development  functions  relating  to  genetic  resources  to  provide  the  Inter-Agency
Committee  with  the  relevant  information  on  the  status  of  research  with  potential  commercial
application.  In addition, this measure seeks to ensure the compliance in information accessing with
the  source  agency's  Freedom  of Information  (FOI)  manual.  The  bill  further  provides  regulatory
guidelines  on  access  to  genetic  resources  and  on  matters  relating  to  the  utilization  of associated
traditional knowledge associated with genetic resources.
This   measure  previously  passed  the  third  reading   in  the   18th  Congress.   It  was  proposed  by
Representatives Josephine Ramirez-Sato,  Erico Aristotle C.  Aumentado,  Faustino "Inno" A.  Dy V,
Domingo C.  Rivera,  Francis Gerald Aguinaldo Abaya, Joseph "Jojo" L.  Lara,  Sarah Jane I.  Elago,
Carlito S. Marquez, Allen Jesse C. Mangaoang, John Michael E. Duavit, John Marvin "Yul Servo" C.
Nieto, Eduardo "Bro. Eddie" C. Villanueva, Adriano A. Ebcas, "Kuya" Jose Antonio R. Sy-Alvarado,
Deogracias Victor "DV' 8. Savellano, Rose Marie "Baby" J. Arenas, Ferdinand L. Hemandez, Pablo
John F. Garcia, Xavier Jesus D. Romualdo, Jose Christopher Y. Belmonte, Elenita Milagros "Eileen"
Ermita-Buhain,  Joey  Sarte Salceda,  Jurie E.  Cua, Jose "Ping-Ping"  I.  Tejada,  Micaela S.  Violago,
Greg  G.  Gasataya,  Romeo  M.  Jalosjos  Jr.,  Horacio  P.  Suausing  Jr.,  Francisco  Jose  "Bingo"  F.


Matugas 11, CPA, CESO, LLB, Jose Enrique "Joet" S. Garcia Ill, Ruwel Pcter S. Gonzaga, Teodorico
T.  HaFese® Jr., Luisa Lkeen Ctzaresma,  Jt±1ieder T.  Uy,  Paul Rt±ir Daza,  Jocelyn Sy LimkeichoHg,
Manuel F. Zubiri, Manuel T. Sagarbarria, Loma P. Bautista-Bandigan, Peter John D. Calderon, Luis
N.  Campos Jr.,  David  :Jay-Jay" C.  Suarez,  Sandro L.  Gonzalez,  Romeo  S.  Momo,  Vincent Franco
"Duke" D.  Frasc-e>,  Way Karat Zamora, Jay Mysa Salvador-Tambunt-ing,  Yasser AlenteL -Balindeng-,
Angelo Marcos Barba, Joseph Sto. Nifio 8. Bemos, Narciso R. Bravo Jr., Alfel M. Bascuh, Wilfredo
"Willy" S. Caminero, Carl Nicolas C. Cari, Maximo Y. Dalog Jr., Alfred C. Delos Santos, Cheryl P.
DelesorMontalla, Abdallah D. Dirmaporo, Jarmel Arihony I. Espino; Ria Christina G. F-arifras, Joeeyha
F.  Fortuno,  Ann  K.  Hofer,  Cesar  "Jawo"  I.  Jimenez  Jr.,  Glona  G.  Labadlabad,  Mario  Vittorio
"Marvey' A. Marifio, Maricel G. Natividad-Nagafio MD, Na. Lucille L. Nava MD, Pablo C. Ortega,
E-mmarie  "Ldypap" -OuanoDiz-en,  Eddie-bang G.  Plaza,  Stu-ifee  -a.  ReviLha,  Geraraine  8.  R®man,
Hector S.  Sanchez, Lorna C. Silverio, Kristine Singson-Mechan, John Reynald M. Tiangco, Kristine
Alexie 8.  Tutor,  Diego "Nonoy"  C.  Ty,  Rosarma "Ria"  Vergara,  Elizaldy S.  Co,  Argel Joseph T.
Cahathat, Sergie C. Dagcoc, GodofredoN. Gnya, Stella LRE A. QftyiHke, Laiurence "I.a=wl' H. Forfum,
Leonardo  L.  Babasa  Jr.,  Manuel  D.  Cabochan  Ill,  Wilfrido  Mark  M.  Enverga,  Wes  Gatchalian,
Raymund  Democrito  C.  Mendoza,  Jericho  Jonas  8.  Nograles,  Rufus  8.  Rodriguez,  Roman  T.
Romuto, Amihilde I.  Sangcopan, Edgar S.  Sarrmientc>,  Jesus "Bong" C.  Suntay, and Luis Raymund
"Lray" F. Villafuerte Jr. as principal authors thereof
In view of the foregoing, approval of this measure is earnestly sought.
/
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@/
Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEHNTH CONGRESS
Second Regular Session
HouseBinNo.864g
Introduced by Representative Midy N. Cua
Lone I)istrict, Quirino
AN ACT INSTITUTIONALIZING THE NATIONAL POLICY 0N ACCESS, AND BENEFIT-
SIIARING FROM THE UTILIZATION OF PHILIPPINE GENETIC RESOURCES AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
1       SECTION 1. Shorf ri.rJe. -This Act shall be known as the "Philippine Genetic Resources Access and
2       Benefit-Sharing Act" or "PGRABS Act".
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4       SEC. 2. Dec/arcrfz.o# a/Po/I.ey. -It is the policy of the state to ensure the fair and equitable sharing of
5       benefits  arising from the utilization  of all  genetic  resources  in the country to generate wealth and
6       alleviate poverty. Towards this end, the state shall secure the neeessary mcaus to pursue the strategic
7       programs and  initiatives on the conservation and sustainable use of biological diversity throuch the
8       conduct of scientific research, improvement ofregulatory measures on access and utilization of genetic
9       resources and increasing awareness of their potential contribution to economic development and public
10       hcalth.  Moreover,  the State shall ensure that lceal and indigenous  communities reeeive a  fair share
11        from the benefits arising from the utilization of genetic resources in their areas or domains and provide
12       the necessary support and incentive for investments for the conservation and sustainable use of these
13       genetic resources by the host communities.
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15       SEC. 3. Scope. ~ This Act shall apply to philippine genetic resources, whcther found in or originating
16       from  Philippine  territory  and  areas  where  the  country  enjoys  sovereign  rights  and  jurisdiction,
17       originating from the same or exported to other countries; and genetic resources originating from other
18       countries and inported into the philippines for development and utilization.
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20       SEC. 4. De¢#jJr.o7! a/rcrus. -As used in this Act:
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a)   <4ccess refers to the collection,  taking and  gathering of genetic resources  from the field,  in
order that they may be utilized for further academic or scientific research and bioprospeeting;
this  also  includes  the  conduct  of  field  research.   interviews  and  surveys   involving  the
indigenous knowledge systems and practices including the assceiated traditional knowledge of
indigenous and local communities in the Philippines;
b)   Bj.op;.r¢ey  refers  to  the  unethical  or  unlawful  appropriation  or  commercial  exploitation  of
biological materials such as medicinal plant extracts that are native to a particular country or
territory without providing fair financial compensation to the people of government of that
country or territory;
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c)    Bz.aprasp'pecfz.#g  refers  to  the  systematic  search  for  biochemical  and  genetic  information  in
nature  in order to  develop  commercially-valuable  products  for pharmaceutical,  agricultural,
cosmetic and other applications;
d)   Bj.ofecA#o/og);  refers  to  any  technological  application  that  uses  biological  systems,  living
organisms, or derivatives thereof, to make or modify products or processes for specific use;
e)    C/e¢r7.#g  feowse  refers  to  the  platform  for  exchanging  information  on  access  and  benefit-
sharing established by the Nagoya Protocol  on Access  To  Genetic Resources And The Fair
And  Equitable  Sharing  of Benefits  Arising  From  Their Utilization  To  The  Convention  On
Biological Diversity, hereinafter referred as the Nagoya Protocol;
D    Der!.vczfj.vex refer to  a naturally occurring biochemical  compound resulting  from  the  genetic
expression  or  metabolism  of biological  or  genetic  resources,  even  if it  does  not  contain
functional units of heredity;
g)   Faz.r cz#d egwz.f¢b/e be#e¢f-j'feorz.ng refers to the appropriate benefits that may be derived by the
Philippines as a country or its  researchers, taking into account the level of effort applied to
secure the resources relevant to the country's current socio-economic and cultural standing;
h)    Gc#e/I.c 7„czferl.a/ refers to any material of plant, animal, microbial  or other origin containing
functional units of heredity;
i)     Ge#ef].c  rcsowrces  refer  to  genetic  material  as  defined  in  item  (h)  hereof,  except  genetic
materials originating from humans;
j)     Ufz'/ieafz.o# a/gc#efi.c resowrces refers to the conduct of research and development activities on
genetic   and  biochemical  composition  of  genetic  resources,   including  the  application  of
biotechnology as defined in Article 2 of the United Nations Convention on Biodiversity.
SEC. S. Policy Frame:work on Access and Benefit-sharing from the Utilization Of Philippine Genetic
Resowrcef  ¢#d  BJ.aproxpecf!.#g.  -  The  policy  framework  on  access  and  benefit-sharing  from  the
utilization of genetic resources institutionalized in this Act implements the Philippine commitment to
the  Nagoya  Protocol  and  includes  some  key  changes  in  speciflc  policy  areas  relating  to  access  to
genetic  resources.  It  also  incorporates  compliance  mechanisms  to  ensure  that  similar legislation  or
policy  relating  to  access  and benefit-sharing  arising  from  the  utilization  of genetic  resources  from
another country used in the Philippines are respected and implemented. The tracking and monitoring
mechanisms,  capacity-building  and  technology  transfer  as  well  as  special  mandates  of identified
government agencies are also amended to fully implement the policy established in this Act.
SEC.  6.  Creation  and  Composition  Of  the  Inter-Agency  Committee  on   Genetic  Resources   and
4ssocj.¢fed r7'¢d!./I.o#czJ K7®ow/edge. - There is hereby created an Inter- Agency Committee on Genetic
Resources   and   Associated   Traditional   Knowledge   hereinafter   referred   to   as   the   Inter-Agency
Committee, to harmonize, integrate, enhance, implement and monitor compliance with treaty, statutory
and regulatory provisions  on access and benefit sharing  (ABS)  and utilization of Philippine genetic
resources.
The  Inter-Agency  Committee  shall  be  headed  by  the   Secretaries  of  the  Department  of
Environment and Natural Resources (DENR) and the Department of Agriculture (DA) as Chairperson
and Co-Chairperson, respectively. It shall be composed of the following offlces:
A.   Department of Environment and Natural Resources (DENR)
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1.    Biodiversity Management Bureau (BMB)
2.    Ecosystems Research and Development Bureau (ERDB)
3.    Palawan council for sustainable Development (PCSD)
8.   Department of Agriculture (DA)
1.    Bureau ofFisheries and Aquatic Resources (BFAR)
2.    Bureau ofAninal Industry (BAI)
3.    Bureau of plant Industry (BPI)
C.   Department of science and Technology (DOST)
1.    Philippine council for Health Research and Development (PCHRD)
2.    Philippine  Council  for  Agriculture,  Aquatic  and  Natural  Resources  Research  and
Development (PCAARRD)
D.   Department of Health (DOH)
-      Philippine Institute of Traditional and Alternative Health care (PITAHC)
E.   Department ofForeign Affairs (DFA)
F.    Department of Justice (DOJ)
G.   Department of the Interior and Local Government (DILG)
H.   National Commission on Indigenous Peoples (NCIP)
I.     Intellectual property office of the philippines (IPOPHIL)
J.    National Museum of the philippines (NM)
K.   University of the Philippines (UP) System
Each  member  Department  of  the   Inter-Agency   Committee   shall  designate  a  permanel]t
representative  with  the rank of Undersecretary  or Assistant  Secretary.  Member bureaus  and offices
shall be represented by their respective Directors and heads of office.
The Inter-Agency Committee  shall be supported by a secretariat to be headed jointly by the
representatives of the BMB and ERDB.
SHC. 7. P{>wers cz#d Dwfz.es a/ffee J#fer~4ge"c)/ Com"z.#ee. -The Inter-agency Committee shall have
the  power to  issue  rules  and  guidelines  pertaining  to  the  access,  benefit-sharing  and  utilization  of
Philippine  genetic  resources,  the  grant  of incentives under existing  laws,  the third-party use  in any
mutually  agreed  terms   or  agreements  relating  to  access   and  benefit  sharing   involving  genetic
resources,  and  the  standard  procedures  and  process  flow  of national  checkpoint  agencies,  among
others. It shall likewise be responsible for the following:
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a.    Designation of a checlapoint or tracking mechanism to be set up by the pertinent government
agency   at   any   stage   of  research,   development,   innovation,   pre-commercialization   and
commercialization of genetic resources and its derivatives;
b.    Establishment  of a  Philippine  Clearing  House  which  shall  serve  as  a  platform  for  sharing
information related to access and benefit-sharing and shall provide access to infomation made
available by each party to the Nagoya Protocol relevant to the implementation of the same;
c.    Creation  of appropriate  sub-committees  to  handle  specific  concerns  such  as  inventory  of
genetic  resources,  ABS  compliance,  monitoring,  wealth  creation,  communicati(jn,  capacity
building and technology transfer;
d.    Participation   in   the    deliberations    of   civil   society   organizations,    indigenous   peoples'
organizations, private sector and members of the academe;
e.    Conduct  of  analysis  and  monitoring  activities  on  the   latest  technological   developments
including digital sequencing information;
f.     Establishment of a national inventory of genetic resources within one year from the adoption
of the  implementing  guidelines  of this  Act,  prioritizing  those  with  potential  commercial
application;
9.    Tracking  and  monitoring  of the  mechanism  of biodiversity  resources  including  genetic  or
deoxyribonucleic acid (DNA) characterization of genetic resources and other living organisms
to enhance transparency of the same;
h.    Strict  application  of the  guidelines,  processes,  and protocols  on the utilization  of traditional
knowledge  associated  with  genetic  resources  as  well  as  applicable  customary  laws  and
community protocols  of indigenous peoples  and local  communities,  particularly in  securing
free prior and informed consent; and
i.     Implementation of the appropriate capacity building programs in support of existing and future
policies  for the development of a sound and viable technological  and scientif]c base for the
access, benefit-sharing and utilization of genetic resources.
S;ELC. 8. Desigriation Of National Focal Point and Competent National Authorities. -The Btodive;isrty
Management Bureau of DENR shall continue (BMB) to be the national focal authority on access and
benefit  sharing.  The  DENR,  DA,  NCIP  and  PCSO  are  likewise  designated  competent  national
agencies  for access and benefit-sharing and for ensuring Philippine compliance with the  obligations
under the CBD and the Nagoya Protocol.
S;EC.  9.  Coordination  and  Cooperation  with  Other  National  Government  Agencies.  ii-. To  c:"sNIle
compliance with the rules or guidelines on access, benefit-sharing and utilization of genetic resources,
policy and administrative measures shall be adopted by the national government agencies  to notify the
Philippine Clearing House. All national government agencies with research and development functions
relating to genetic resources shall provide the Inter-Agency Committee with the relevant information
on the status of researches with potential commercial application and prioritize studies aimed at better
understanding  genetic  resources  or  in  developing  commercial  products  through  biotechnology  or
through other means.
SEC. 10. j4ccess /a J#/om¢fi.o#. -Access to information collected by virtue of this Act as well as to
government research data used as basis for policy development shall be in accordance with the source
agency's Freedom of Information (FOI) manual prepared and adopted in accordance with Executive
Order No. 2, series of 2016.
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SEC.  11.  j4ccess  fo  Ge#efz.c  Reso#rces'.  -  The  existing  policies  on  access  to  genetic  resources  as
currently  implemented by  the  respective  government agencies  under Republic  Act  9147,  otherwise
known  as  the  "Wildhfe Resources  Conservation and Protection Act"  shall  continue  to  exist  and be
implemented  for all purposes:  Prow.ded,  That,  to  facilitate harmonization of these policies with the
Nagoya Protocol, any existing implementing regulations of agencies for this puxpose shall be amended
and updated accordingly.
SEIC. T2.  Matters  Relating  to  the  Utilization  Of Associated  Traditional  Knowledge  Associated with
Ge#e/z.c  Resowrces.   -  Whenever  the  indigenous  knowledge  systems  and  practices  including  the
traditional  knowledge  associated  with  genetic  resources  of indigenous  and  local  communities  are
utilized,  the  following  shall  be  implemented  by  the  appropriate  agencies,  particularly  the  National
Commission on Indigenous Peoples, the Palawan Council for Sustainable Development as well as the
Philippine Institute for Traditional and Alternative Health  Care:
a.    The customary laws as well as the community protocols of indigenous and local communities,
where  available,  will  apply  at  the  first  instance,  in  matters  relating  to  access  and benefit-
sharing  from  the  utilization  of indigenous  knowledge  systems  and  practices  including  the
traditional knowledge associated with genetic resources;
b.    Mechanisms to inform users of their obligations as these relate to the utilization of indigenous
knowledge  systems  and  practices,  including  traditional  knowledge  associated  with  genetic
resources,   shall  be   established  with  the   effective  participation  Of  indigenous   and  local
communities;
c.    Processes  and  procedures  shall  be  adopted  for  the  development  by  indigenous  and  local
communities  of their own protocols,  minimum requirements  for mutually  agreed terms  and
model contractual clauses;
d.    The  customary  use  of  indigenous  knowledge  systems  and  practices  including,  traditional
knowledge  associated  with  genetic   resources  by  the   indigenous   and  local  communities
themselves   shall   continue   to   be   respected:   Prow.did,   That  this   principle   shall   not  be
recognized if asserted by non-indigenous and local communities.
SEC.  13.  yo/c¢#f&ry  Be#e¢/-Sfacij'z.ng A4lccfacl#!.JmJ.  -  There  shall  be  established  a  voluntary  benefit-
sharing  mechanism  in  cases  where  it  is  not  possible  to  secure  prior  informed  consent  and  the
researcher  and  the  partner  or  collaborating  institution  will  commit  to  provide  a  minimum  level  of
benefits that may be derived from the utilization of the genetic resources and indigenous knowledge
systems  or  practices,  including  the  associated  traditional  knowledge  therein  and  as  the  utilization
progresses  from  research,  development,  innovation,  pre-commercialization  and  commercialization.
The concerned implementing agencies mandated by this Act shall conduct the necessary consultations
to determine the levels of these benefits, which will be adjusted from time to time depending on the
level of advancement of researches in these activities.
SIC.  14. Pe#czJfi.es.  - Except in relation to plant genetic resources for food and agriculture covered
under the provisions  of the  international  treaty on plant  genetic  resources  for food  and  agriculture,
including the Multilateral  System of Access  and Benefit-sharing  and its  Standard Material Transfer
Agreement (SMTA),  specifically Articles  7  and  8  of the  SMTA,  the user of genetic resources who
does not comply with the provisions of this Act,  including any relevant administrative issunnce that
may be  issued by the appropriate  agencies  as provided   for in this Act,  shall be penalized with the
crime of biopiracy and subject to a penalty imprisonment of six (6) years and one (1) day up to eight
(8)  years,  and  a  fine  of not  less  than  Five  hundred  thousand  pesos  (Php  500,000),  as  may  be
determined by the appropriate court.
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SEC.   15.  4ppraprz.¢f!.o7!s.   -  All   concerned  government  agencies   included   in  the   Inter-Agency
Committee shall allocate necessary funds for the  implementation of this Act in accordance with the
regular  government  budget  procedures,  for  the  first  year  of implementation  of this  Act.  For  the
subsequent years, agencies in the Inter-Agency Committee shall include in their respective programs
funding   for  the   implementation   of  this   Act   which   shall   be   included   in  the   annual   General
Appropriations Act.
SEC.  16. /"p/eme#fl.#g Rw/es  ¢7!d jtegtf/crf!.o7]s.  -Within  One  hundred  eighty  (180)  days  from the
effectivity of this Act, the DENR and the DA shall issue the mles and regulations with the Department
of Environment and Natural Resources as the lead implementors of this Act.
SI]C. 17. Sep¢r¢bz./i.fy CJcz#se. -In case any provision of this Act is found to be unconstitutional upon
final  declaration  by  the  appropriate  Court,  the  other provisions  not  so  declared unconstitutional  or
unaffected by the declaration shall remain valid and effective and shall continue to be implemented by
the Department of Environment and Natural Resources and other relevant agencies.
SEC.  18.  Repecz/I.ng  C/az4se.  -  All  laws,  decrees,  executive  orders,  rules  and  regulations  or  parts
thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.
SEC.19. EJ7ec/I.vz.fy. -This Act shall take effect fifteen (15) days after its publication in the Q#?cz.a/
G¢ze!fe or in a newspaper of general circulation.
Approved,
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