Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 4569

Introduced by the Honorable ANN K. HOFER

EXPLANATORY NOTE

This bill seeks the amendment of Republic Act No, 9147 or the Wildlife Resources
Conservation and Protection Act. Since its enactment in 2001, the Wildlife Act has
provided guidelines for the conservation of wildlife, as well as becoming a deterrent to
those who exploit these species and their respective habitats, However, the continued
illegal trade of wildlife locally and internationally has worsened the conservation status
of our endemic wildlife species which led to the dwindling population in the wild. In
fact, wildlife offenders have become more brazen in their illegal trade as illustrated by
recent cases involving: (i) the apprehension of a foreign fisherfolk who had at least 200
individual live and dead pawikan species in their vessel; (ii) the apprehension of wildlife
traffickers in Batangas who were in possession of more than 200 heads of wildlife such
as Mynah, Philippine Cockatiel, Palawan Bear Cat, Palawan Porcupine, etc; (iii) the
discovery of a 50-foot container van in North Harbor filled with stuffed Pawikan, dried
black corals, and other marine life; and (iv) the accusation that the Philippines is a
transition point in the international illegal ivory trade as documented in National
Geographic, It is obvious that the deterrent aspect of the law should be increased, as
well as protective measures be improved, because violators are not only targeting

individual wildlife but whole populations illegally collected and hunted from the wild.

Considering the above, our status as one of only 17 countries recognized internationally
as megadiversities is in peril, As a megadiversity, the Philippines is among a select

group of countries which hold the greatest number of species of living organisms in the


world, Out of a total of 928 terrestrial species in the country, 529 or (57%) are endemic
or unique only to the Philippines.! Our country can thus be considered, “pound-for-
pound,” the most megadiverse in the whole world per unit of land area (300, 780 sq.
km). In comparison, Spain has a total of 435 species, 25 endemic (6%), in a 451, 171 sq
km land area, while Brazil boasts a total of 3131 species, 788 endemic (25%), in a land

area of 8,511,965 sq. km?

With the recent amendment of the Animal Welfare Act, it is time to do the same for the
Wildlife Act, Our endemic wildlife likewise deserves the increased level of protection
equivalent to that prescribed in the Animal Welfare Act since these species contribute to
our unique identity as a country. Also, stiffer penalties shall likewise provide a stronger
deterrent effect to violators, while also eliciting a pause from those who are planning to

bend the law.
Itis in this regard that amendments to the Wildlife Act are sought.

Particularly, this bill aims to: (1) strengthen the deterrent aspect of the law through the

fer penalties; (2) improve the

addition of prohibited acts and imposition of s
implementation of the Wildlife Act through additional provisions; and (3) modernize

the law pursuant to developments in environmental jurisprudence.

For these reasons, the approval of this Bill is earnestly sought

a!
it

/ |
ANN K. HOFER
2h District, Province of Zamboanga Sibugay

Heaney, Lawrence R. Biological Diversity in the Phillppines: An Introduction to Megadiversity in a Nation of
Islands in The Philippine Biodiversity Conservation Pricrites, pp. 2-8. DENR-PAWB, 2002.

* Mittermeier, et al., 1997, cited in Heaney, Lawrence R. Ibid.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Sixteenth Congress
First Regular Session

:
House pitt No,__4569

Introduced by the Honorable ANN K. HOFER

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AN ACT AMENDING REPUBLIC ACT NO, 9147, PROVIDING ADDITIONAL

PROHIBITED ACTS THEREFOR, INCREASING THEIR PENALTIES, ADDING
ADMINISTRATIVE MEASURES FOR IMPROVED PROTECTION AND
CONSERVATION OF WILDLIFE, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. There is hereby inserted Section 2-A to read as follows:
“SEC. 2-A. 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. 2. Section 20 of the law is hereby amended to read as follows:
“Sec. 20, 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:

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


(2) Wildlife collector's permit -1 to 3 years;
(3) Gratuitous permit -1 year;
(4) Local transport permit -1 to 3 months; and

(8) Export/Import/Reexport permit -1 to 6 months.

DUE DILIGENCE SHALL BE EXERCISED IN THE SCRUTINY OF THE
REQUIREMENTS FOR THE ISSUANCE AND/OR RENEWAL OF THESE
PERMITS/CERTIFICATIONS/CLEARANCES, VERIFYING THAT NO
PROVISIONS OF THIS ACT, AS WELL AS ITS IMPLEMENTING RULES AND
REGULATIONS, AND OTHER RELATED ISSUANCES, ARE VIOLATED.

PERMITS/CERTIFICATIONS/CLEARANCES SHALL, ONLY BE ISSUED
AND/OR RENEWED IF THE SOURCE OF WILDLIFE IS SPECIFIED IN THE
APPLICATION, WITH PROOF AND VERIFICATION THAT NO WILDLIFE
SPECIES HAVE BEEN AND SHALL BE COLLECTED FROM WILDLIFE
HABITATS, PROTECTED AREAS, OTHER AREAS WITHIN THE
PHILIPPINES, AND FROM ILLEGAL SOURCES OR MEANS. IN CASE OF
WILDLIFE COLLECTOR'S PERMITS, DUE DILIGENCE SHALL BE
EXERCISED IN THE SCRUTINY OF THE APPLICATION, TAKING INTO
CONSIDERATION THE APPLICANT'S PURPOSE, HISTORY OF
COMMERCIAL ACTIVITIES, CAPABILITY TO COLLECT WILDLIFE IN
RELATION TO SECTION 7 OF THIS ACT, AND OTHER RELATED CRITERIA,

These permits may be MODIFIED OR renewed subject to the guidelines
issued by the appropriate agency and upon consultation with concerned

groups.

SEC. 3. There is hereby inserted Section 25-A to read as follows:
“SEC. 25-A. CRITICAL HABITAT MANAGEMENT OFFICE - A CRITICAL
HABITAT MANAGEMENT OFFICE (CHMO), TO BE HEADED BY A
CRITICAL HABITAT SUPERINTENDENT (CHSu), SHALL BE ESTABLISHED
IN EACH DENR REGIONAL AND/OR FIELD OFFICE HAVING DESIGNATED


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SEC.

CRITICAL HABITAT AREAS.

THE CRITICAL HABITAT MANAGEMENT OFFICE SHALL HEAD THE
PROTECTION OF THE CRITICAL HABITAT, IN COORDINATION WITH THE
LOCAL GOVERNMENT UNITS AND OTHER CONCERNED GROUPS, AND
SHALL HAVE A COMPLEMENT STAFF, SUPPORTED BY WILDLIFE
ENFORCEMENT OFFICERS.

THE AMOUNT NECESSARY FOR THE IMPLEMENTATION OF THIS
PROVISION SHALL BE CHARGED AGAINST THE APPROPRIATIONS OF
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN
THE CURRENT GENERAL APPROPRIATIONS ACT. THEREFORE, SUCH
SUMS AS MAY BE NECESSARY TO FULLY IMPLEMENT THE PROVISIONS
OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.”

4. Section 27 of the law is hereby amended to read as follows:

“SEC. 27. ILLEGAL ACTS. - ANY PERSON WHO SHALL INDUCE ANOTHER
OR CONSPIRE TO COMMIT ANY OF THE FOLLOWING ILLEGAL ACTS, OR
SUFFER THEIR WORKERS TO COMMIT ANY OF THE SAME, SHALL BE
LIABLE IN THE SAME MANNER AS THE ONE ACTUALLY PERFORMING
THE ACT.

UNLESS OTHERWISE ALLOWED IN ACCORDANCE WITH THIS ACT, IT
SHALL BE UNLAWFUL FOR ANY PERSON TO EXPLOIT WILDLIFE
RESOURCES AND THEIR HABITATS, OR UNDERTAKE THE FOLLOWING
ACTS:

(a) Killing OR destroying wildlife species, INCLUDING CAUSING
DEATH AS A RESULT OF ANY VIOLATION OF THIS ACT, except in the

following instances:


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(i) 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;

(iv) When it is done to prevent an imminent danger to the life

or limb of a human being; and

(v) When the wildlife is killed or destroyed after it has been

used in authorized research or experiments.

WHOEVER POSSESSES DEAD WILDLIFE IS PRIMA FACIE PRESUMED
TO HAVE KILLED, DESTROYED, OR CAUSED THE DEATH OF THE SAME;

(b) Inflicting injury which cripples and/or impairs the reproductive

system of wildlife species;
(c) Effecting any of the following acts in critical habitat(s):
(i) Dumping of waste products detrimental to wildlife;

(ii) Squatting or otherwise occupying any portion of the critical
habitat, INCLUDING SELLING, BUYING, OR LEASING, AND THE OFFER TO
DO SO, OF ANY PORTION OF THE CRITICAL HABITAT, AND THE
CONDUCT OF LAND SURVEYS AND ISSUANCE OF TITLES PURSUANT
THERETO;

(iii) Mineral exploration and/or extraction;


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(iv) TREASURE-HUNTING AND PROSPECTING;

(v) Burning, INCLUDING THE ENGAGEMENT IN KAINGIN, OR
CAUSING FOREST OR BRUSH FIRES;

(vi) Logging;
(vii) Quarrying;
(viii) HUNTING;

(ix) ESTABLISHING OR INTRODUCING ANY EXOTIC SPECIES
WHICH ARE DETRIMENTAL TO ENDEMIC SPECIES AND THE ECOSYSTEM
THEREIN; AND

(x) ANY OTHER ACT OR OMISSION RESULTING TO THE
DISTURBANCE, DAMAGE, OR DEGRADATION OF THE CRITICAL HABITAT,
AND/OR INJURY TO ANY SPECIES OR TO THE ECOSYSTEM THEREIN;

(d) Introduction, reintroduction or restocking of wildlife resources;
(e) Trading of wildlife, WILDLIFE BODY PARTS, BY-PRODUCTS, AND
DERIVATIVES, INCLUDING ADVERTISING OR CONTRACTING FOR THE

PURPOSE OF SALE OR PROCUREMENT OF WILDLIFE;

(8) Collecting, hunting, or possessing LIVE wildlife, INCLUDING
POSSESSION OF WILDLIFE BODY PARTS, by-products, and 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


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preceding paragraph; and

(i) Transporting of wildlife, INCLUDING TRANSSHIPMENT, WHICH
IS DEFINED AS THE ACT OF SHIPPING WILDLIFE, WILDLIFE BODY
PARTS, BY-PRODUCTS, AND DERIVATIVES, WHETHER OR NOT IN
SHIPPING CONTAINERS, TO AN INTERMEDIATE DESTINATION, AND TO
YET ANOTHER DESTINATION.

PROSECUTION FOR VIOLATION OF THIS ACT SHALL BE WITHOUT
PREJUDICE TO THE PROSECUTION OF THE OFFENDER FOR VIOLATION
OF OTHER LAWS, RULES AND REGULATIONS.”

. Section 28 of the law is hereby amended to read as follows:

“SEC. 28. 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 PENALI
SHALL BE IMPOSED:

(a) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND A FINE OF NOT LESS THAN
ONE HUNDRED FIFTY THOUSAND PESOS (P 150,000) BUT NOT MORE
THAN ONE MILLION FIVE HUNDRED THOUSAND PESOS (P 1,500,000) IF
INFLICTED OR UNDERTAKEN AGAINST SPECIES LISTED AS CRITICAL,
PROVIDED THAT, IF THE ACT IS INFLICTED OR UNDERTAKEN AGAINST
MORE THAN ONE HEAD OF SUCH SPECIES, IMPRISONMENT FROM
TWELVE (12) YEARS AND ONE (1) DAY BUT NOT MORE THAN TWENTY
(20) YEARS AND A FINE OF NOT LESS THAN ONE MILLION PESOS (P
1,000,000) BUT NOT MORE THAN TWO MILLION PESOS (P 2,000,000)
SHALL BE IMPOSED;

(b) IMPRISONMENT FROM FIVE (5) YEARS AND ONE (1) DAY BUT


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NOT MORE THAN SIX (6) YEARS AND A FINE OF NOT LESS THAN ONE
HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE THAN ONE
MILLION PESOS (P 1,000,000) IF INFLICTED OR UNDERTAKEN AGAINST
SPECIES LISTED AS ENDANGERED, PROVIDED THAT, IF THE ACT IS
INFLICTED OR UNDERTAKEN AGAINST MORE THAN ONE HEAD OF SUCH
SPECIES, THE INITIAL PENALTY IN THE IMMEDIATELY PRECEDING
PARAGRAPH SHALL BE IMPOSED;

(c) IMPRISONMENT FROM FOUR (4) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND A FINE OF NOT LESS THAN EIGHTY
THOUSAND PESOS (P 80,000) BUT NOT MORE THAN EIGHT HUNDRED
‘THOUSAND PESOS (P 800,000) IF INFLICTED OR UNDERTAKEN AGAINST
SPECIES LISTED AS VULNERABLE, PROVIDED THAT, IF THE ACT IS
INFLICTED OR UNDERTAKEN AGAINST MORE THAN ONE HEAD OF SUCH
SPECIES, THE INITIAL PENALTY IN THE IMMEDIATELY PRECEDING
PARAGRAPH SHALL BE IMPOSED;

(d) IMPRISONMENT FROM TWO (2) YEARS AND ONE (1) DAY BUT
NOT MORE THAN FOUR (4) YEARS AND A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P 500,000) IF INFLICTED OR
UNDERTAKEN AGAINST SPECIES LISTED AS THREATENED, PROVIDED
THAT, IF THE ACT IS INFLICTED OR UNDERTAKEN AGAINST MORE
THAN ONE HEAD OF SUCH SPECIES, THE INITIAL PENALTY IN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED;

(e) IMPRISONMENT FROM ONE (1) YEAR AND ONE (1) DAY BUT
NOT MORE THAN TWO (2) YEARS AND A FINE OF NOT LESS THAN
‘THIRTY THOUSAND PESOS (P 30,000) BUT NOT MORE THAN THREE
HUNDRED ‘THOUSAND PESOS (P 300,000) IF INFLICTED OR
UNDERTAKEN AGAINST OTHER WILDLIFE SPECIES, PROVIDED THAT, IF
THE ACT IS INFLICTED OR UNDERTAKEN AGAINST MORE THAN ONE


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HEAD OF SUCH SPECIES, THE INITIAL PENALTY IN THE IMMEDIATELY
PRECEDING PARAGRAPH SHALL BE IMPOSED.

FOR ILLEGAL ACTS UNDER PARAGRAPH (b) OF THE IMMEDIATELY
PRECEDING SECTION, THE FOLLOWING PENALTIES SHALL BE IMPOSED:

(a) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND/OR A FINE OF NOT LESS
THAN ONE HUNDRED FIFTY THOUSAND PESOS (P 150,000) BUT NOT
MORE THAN ONE MILLION FIVE HUNDRED THOUSAND PESOS (P
1,500,000) IF INFLICTED OR UNDERTAKEN AGAINST SPECIES LISTED AS
CRITICAL, PROVIDED THAT, IF THE ACT IS INFLICTED OR UNDERTAKEN
AGAINST MORE THAN ONE HEAD OF SUCH SPECIES, THE MAXIMUM
PENALTIES PROVIDED IN THIS PARAGRAPH SHALL BE IMPOSED;

(b) IMPRISONMENT FROM FOUR (4) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
ONE HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE THAN
ONE MILLION PESOS (P 1,000,000) IF INFLICTED OR UNDERTAKEN
AGAINST SPECIES LISTED AS ENDANGERED, PROVIDED THAT, IF THE
ACT IS INFLICTED OR UNDERTAKEN AGAINST MORE THAN ONE HEAD
OF SUCH SPECIES, THE MAXIMUM PENALTIES PROVIDED IN THIS
PARAGRAPH SHALL BE IMPOSED;

(c) IMPRISONMENT FROM TWO (2) YEARS AND ONE (1) DAY BUT
NOT MORE THAN FOUR (4) YEARS AND/OR A FINE OF NOT LESS THAN
EIGHTY THOUSAND PESOS (P 80,000) BUT NOT MORE THAN EIGHT
HUNDRED THOUSAND PESOS (P 800,000) IF INFLICTED OR
UNDERTAKEN AGAINST SPECIES LISTED AS VULNERABLE, PROVIDED
THAT, IF THE ACT IS INFLICTED OR UNDERTAKEN AGAINST MORE
THAN ONE HEAD OF SUCH SPECIES, THE MAXIMUM PENALTIES IN THIS
PARAGRAPH SHALL BE IMPOSED;


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(d) IMPRISONMENT FROM ONE (1) YEAR AND ONE (1) DAY BUT
NOT MORE THAN TWO (2) YEARS AND/OR A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P 500,000) IF INFLICTED OR
UNDERTAKEN AGAINST SPECIES LISTED AS THREATENED, PROVIDED
THAT, IF THE ACT IS INFLICTED OR UNDERTAKEN AGAINST MORE
THAN ONE HEAD OF SUCH SPECIES, THE MAXIMUM PENALTIES IN THIS
PARAGRAPH SHALL BE IMPOSED;

(e) IMPRISONMENT FROM SIX (6) MONTHS AND ONE (1) DAY BUT
NOT MORE THAN ONE (1) YEAR AND A FINE OF NOT LESS THAN THIRTY
THOUSAND PESOS (P 30,000) BUT NOT MORE THAN THREE HUNDRED
THOUSAND PESOS (P 300,000) IF INFLICTED OR UNDERTAKEN AGAINST
OTHER WILDLIFE SPECIES, PROVIDED THAT, IF THE ACT IS INFLICTED
OR UNDERTAKEN AGAINST MORE THAN ONE HEAD OF SUCH SPECIES,
THE MAXIMUM PENALTIES IN THIS PARAGRAPH SHALL BE IMPOSED;

FOR ILLEGAL ACTS UNDER PARAGRAPHS (c) AND (d) OF THE
IMMEDIATELY PRECEDING SECTION, IMPRISONMENT FROM SIX (6)
YEARS AND ONE (1) DAY BUT NOT MORE THAN TWELVE (12) YEARS
AND/OR A FINE OF NOT LESS THAN ONE HUNDRED THOUSAND PESOS
(P 100,000) BUT NOT MORE THAN ONE MILLION PESOS (P 1,000,000),
SHALL BE IMPOSED, IN ADDITION, PAYMENT OF A FINE EQUIVALENT
TO THE COST OF THE AREA OR THING DAMAGED, INJURED, OR
DEGRADED, AS DETERMINED AFTER ASSESSMENT BY EXPERTS FROM
THE DENR USING CURRENT VALUATION STANDARDS AND COST OF
RESTORATION SHALL LIKEWISE BE PAID. THE OFFENDER SHALL ALSO
BE RESPONSIBLE FOR THE RESTORATION, REHABILITATION, OR
COMPENSATION FOR THE RESTORATION OR REHABILITATION OF THE
AREA, AS NECESSARY;

FOR ILLEGAL ACTS UNDER PARAGRAPH (e) OF THE IMMEDIATELY


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PRECEDING SECTION, THE FOLLOWING PENALTIES SHALL BE IMPOSED:

(a) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND/OR A FINE OF NOT LESS
THAN ONE HUNDRED FIFTY THOUSAND PESOS (P 150,000) BUT NOT
MORE THAN ONE MILLION FIVE HUNDRED THOUSAND PESOS (P
1,500,000) IF INVOLVING SPECIES LISTED AS CRITICAL, PROVIDED
THAT, IF MORE THAN ONE HEAD OF SUCH SPECIES ARE INVOLVED,
IMPRISONMENT FROM TWELVE (12) YEARS AND ONE (1) DAY BUT NOT
MORE THAN TWENTY (20) YEARS AND A FINE OF NOT LESS THAN ONE
MILLION PESOS (P 1,000,000) BUT NOT MORE THAN TWO MILLION
PESOS (P 2,000,000) SHALL BE IMPOSED;

(b) IMPRISONMENT FROM FIVE (5) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
ONE HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE THAN
ONE MILLION PESOS (P 1,000,000) IF INVOLVING SPECIES LISTED AS
ENDANGERED, PROVIDED THAT, IF MORE THAN ONE HEAD OF SUCH
SPECIES ARE INVOLVED, THE INITIAL PENALTY IN THE IMMEDIATELY
PRECEDING PARAGRAPH SHALL BE IMPOSED

(c) IMPRISONMENT FROM FOUR (4) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
EIGHTY THOUSAND PESOS (P 80,000) BUT NOT MORE THAN EIGHT
HUNDRED THOUSAND PESOS (P 800,000) IF INVOLVING SPECIES
LISTED AS VULNERABLE, PROVIDED THAT, JF MORE THAN ONE HEAD
OF SUCH SPECIES ARE INVOLVED, THE INITIAL PENALTY IN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED;

(d) IMPRISONMENT FROM TWO (2) YEARS AND ONE (1) DAY BUT
NOT MORE THAN FOUR (4) YEARS AND/OR A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE


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HUNDRED THOUSAND PESOS (P 500,000) IF INVOLVING SPECIES
LISTED AS THREATENED, PROVIDED THAT, IF MORE THAN ONE HEAD
OF SUCH SPECIES ARE INVOLVED, THE INITIAL PENALTY IN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED;

(c) IMPRISONMENT FROM ONE (1) YEAR AND ONE (1) DAY BUT
NOT MORE THAN TWO (2) YEARS AND/OR A FINE OF NOT LESS THAN
THIRTY THOUSAND PESOS (P 30,000) BUT NOT MORE THAN THREE
HUNDRED THOUSAND PESOS (P 300,000) IF INVOLVING OTHER
WILDLIFE SPECIES, PROVIDED THAT, IF MORE THAN ONE HEAD OF
SUCH SPECIES ARE INVOLVED, THE INITIAL PENALTY iN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED.

FOR ILLEGAL ACTS UNDER PARAGRAPHS (f) AND (g) OF THE
IMMEDIATELY PRECEDING SECTION, THE FOLLOWING PENALTIES
SHALL BE IMPOSED:

(a) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND/OR A FINE OF NOT LESS
THAN ONE HUNDRED FIFTY THOUSAND PESOS (P 150,000) BUT NOT
MORE THAN ONE MILLION FIVE HUNDRED THOUSAND PESOS (P
1,500,000) IF INVOLVING SPECIES LISTED AS CRITICAL, PROVIDED
THAT, IF MORE THAN ONE HEAD OF SUCH SPECIES ARE INVOLVED, THE
MAXIMUM PENALTIES PROVIDED IN THIS PARAGRAPH SHALL BE
IMPOSED;

(b) IMPRISONMENT FROM FOUR (4) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
ONE HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE THAN
ONE MILLION PESOS (P 1,000,000) IF INVOLVING SPECIES LISTED AS
ENDANGERED, PROVIDED THAT, IF MORE THAN ONE HEAD OF SUCH
SPECIES ARE INVOLVED, THE MAXIMUM PENALTIES PROVIDED IN THIS


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PARAGRAPH SHALL BE IMPOSED;

(c) IMPRISONMENT FROM TWO (2) YEARS AND ONE (1) DAY BUT
NOT MORE THAN FOUR (4) YEARS AND/OR A FINE OF NOT LESS THAN
EIGHTY THOUSAND PESOS (P 80,000) BUT NOT MORE THAN EIGHT
HUNDRED THOUSAND PESOS (P 800,000) IF INVOLVING SPE
LISTED AS VULNERABLE, PROVIDED THAT, IF MORE THAN ONE HEAD
OF SUCH SPECIES ARE INVOLVED, THE MAXIMUM PENALTIES IN THIS
PARAGRAPH SHALL BE IMPOSED;

(d) IMPRISONMENT FROM ONE (1) YEAR AND ONE (1) DAY BUT
NOT MORE THAN TWO (2) YEARS AND/OR A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P 500,000) IF INVOLVING SPECIES
LISTED AS THREATENED, PROVIDED THAT, IF MORE THAN ONE HEAD
OF SUCH SPECIES ARE INVOLVED, THE MAXIMUM PENALTIES IN THIS
PARAGRAPH SHALL BE IMPOSED;

{e) IMPRISONMENT FROM SIX (6) MONTHS AND ONE (1) DAY BUT
NOT MORE THAN ONE (1) YEAR AND A FINE OF NOT LESS THAN THIRTY
THOUSAND PESOS (P 30,000) BUT NOT MORE THAN THREE HUNDRED
THOUSAND PESOS (P 300,000) IF INVOLVING OTHER WILDLIFE
SPECIES, PROVIDED THAT, IF MORE THAN ONE HEAD OF SUCH SPECIES
ARE INVOLVED, THE MAXIMUM PENALTIES IN THIS PARAGRAPH SHALL.
BE IMPOSED;

FOR ILLEGAL ACTS UNDER PARAGRAPHS (h) AND (i) OF THE
IMMEDIATELY PRECEDING SECTION, THE FOLLOWING PENALTIES
SHALL BE IMPOSED:

(a) IMPRISONMENT FROM SIX (6) YEARS AND ONE (1) DAY BUT
NOT MORE THAN TWELVE (12) YEARS AND/OR A FINE OF NOT LESS


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THAN ONE HUNDRED FIFTY THOUSAND PESOS (P 150,000) BUT NOT
MORE THAN ONE MILLION FIVE HUNDRED THOUSAND PESOS (P
1,500,000) IF INFLICTED OR UNDERTAKEN AGAINST SPECIES LISTED AS
CRITICAL, PROVIDED THAT, IF THE ACT IS INLICTED OR UNDERTAKEN
AGAINST MORE THAN ONE HEAD OF SUCH SPECIES, IMPRISONMENT
FROM TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS
AND/OR A FINE OF NOT LESS THAN ONE MILLION PESOS (P 1,000,000)
BUT NOT MORE THAN TWO MILLION PESOS (P 2,000,000) SHALL BE
IMPOSED;

(b) IMPRISONMENT FROM FOUR (4) YEARS AND ONE (1) DAY BUT
NOT MORE THAN SIX (6) YEARS AND/OR A FINE OF NOT LESS THAN
ONE HUNDRED THOUSAND PESOS (P 100,000) BUT NOT MORE THAN
ONE MILLION PESOS (P 1,000,000) IF INFLICTED OR UNDERTAKEN
AGAINST SPECIES LISTED AS ENDANGERED, PROVIDED THAT, IF THE
ACT IS INLICTED OR UNDERTAKEN AGAINST MORE THAN ONE HEAD OF
SUCH SPECIES, THE INITIAL PENALTY IN THE IMMEDIATELY
PRECEDING PARAGRAPH SHALL BE IMPOSED;

(c) IMPRISONMENT FROM TWO (2) YEARS AND ONE (1) DAY BUT
NOT MORE THAN FOUR (4) YEARS AND/OR A FINE OF NOT LESS THAN
EIGHTY THOUSAND PESOS (P 80,000) BUT NOT MORE THAN EIGHT
HUNDRED THOUSAND PESOS (P 800,000) IF INFLICTED OR
UNDERTAKEN AGAINST SPECIES LISTED AS VULNERABLE, PROVIDED
THAT, IF THE ACT IS INLICTED OR UNDERTAKEN AGAINST MORE THAN
ONE HEAD OF SUCH SPECIES, THE INITIAL PENALTY IN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED;

(a) IMPRISONMENT FROM ONE (1) YEAR AND ONE (1) DAY BUT
NOT MORE THAN TWO (2) YEARS AND/OR A FINE OF NOT LESS THAN
FIFTY THOUSAND PESOS (P 50,000) BUT NOT MORE THAN FIVE
HUNDRED THOUSAND PESOS (P 500,000) IF INFLICTED OR


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UNDERTAKEN AGAINST SPECIES LISTED AS THREATENED, PROVIDED
THAT, IF THE ACT IS INLICTED OR UNDERTAKEN AGAINST MORE THAN
ONE HEAD OF SUCH SPECIES, THE INITIAL PENALTY IN THE
IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED;

(e) IMPRISONMENT FROM SIX (6) MONTHS AND ONE (1) DAY BUT
NOT MORE THAN ONE (1) YEAR AND A FINE OF NOT LESS THAN THIRTY
THOUSAND PESOS (P 30,000) BUT NOT MORE THAN THREE HUNDRED
THOUSAND PESOS (P 300,000) IF INFLICTED OR UNDERTAKEN AGAINST
OTHER WILDLIFE SPECIES, PROVIDED THAT, IF THE ACT IS INLICTED
OR UNDERTAKEN AGAINST MORE THAN ONE HEAD OF SUCH SI Ss,
THE INITIAL PENALTY IN THE IMMEDIATELY P: ING PARAGRAPH
SHALL BE IMPOSED;

SEC. 28-A, COMMON PENAL PROVISIONS. - IN ADDITION TO THE
PENALTIES PRESCRIBED FOR THE PROHIBITED ACTS IN THE PREVIOUS.
SECTION, THE FOLLOWING ARE LIKEWISE IMPOSED FOR ANY
VIOLATION OF THIS ACT:

(a) PAYMENT OF A FINE EQUIVALENT TO THE COST OF THE
REMOVAL OF THE WILDLIFE SPECIES INVOLVED FROM ITS NATURAL
HABITAT, AS DETERMINED AFTER ASSESSMENT BY EXPERTS FROM
THE DENR TAKING INTO CONSIDERATION NUMBER OF SUCH SPECIES
IN THE WILD, BIOLOGICAL IMPACT, ECOLOGICAL BALANCE, AND OTHER
CRITERIA, USING CURRENT VALUATION STANDARDS;

(b) FORFEITURE IN FAVOR OF THE GOVERNMENT OF ALL
WILDLIFE, ITS BODY PARTS, DERIVATIVES, OR BY-PRODUCTS, AND ALL
PARAPHERNALIA, TOOLS, CONVEYANCES, VEHICLES, VESSELS, AND
OTHER EQUIPMENT USED IN CONNECTION WITH VIOLATIONS OF THIS
ACT, SUCH FORFEITED OBJECTS SHALL ACCRUE TO THE USE OF THE
DENR IN THE PROTECTION OF WILDLIFE WHERE APPLICABLE;



OIYAURwWNHH

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© CANCELLATION OF ALL WILDLIFE
PERMITS/CERTIFICATIONS/CLEARANCES, AND — PERMANENTLY
DENYING THE OFFENDER THE GRANT OF ANY SUCH
PERMIT/CERTIFICATION/CLEARANCE;

(c) IN CASE AN OFFENDER HAS DERIVED INCOME OR PROFIT AS A
RESULT OF THE PROHIBITED ACT/S, A FINE EQUIVALENT TO THE
ACTUAL REALIZED PROFIT OR PRESUMPTIVE INCOME, WHICHEVER IS
HIGHER, SHALL ALSO BE IMPOSED. SUCH PROFIT OR INCOME SHALL BE
COMPUTED FROM THE TIME THE PROHIBITED ACT/S COMMENCED UP
TO THE TIME THAT IT HAS CEASED.

(d) IF THE OFFENDER IS AN ASSOCIATION OR CORPORATION,
PAYMENT OF FINES SHALL BE IN AN AMOUNT TWICE THAT AS
PRESCRIBED IN THIS ACT, AND THE DIRECTORS AND OFFICERS SHALL
SUFFER THE IMPRISONMENT;

(e) IF THE OFFENDER IS A FOREIGN NATIONAL, THEY SHALL BE
DEPORTED AFTER SERVICE OF SENTENCE AND PAYMENT OF FINES
WHICH SHALL BE IN AN AMOUNT THRICE THAT AS PRESCRIBED IN
THIS ACT. A HOLD DEPARTURE ORDER SHALL BE ISSUED AS A
CONDITION FOR THE GRANT OF BAIL TO ANY FOREIGN OFFENDER, AND.
ALL PASSPORTS AND DOCUMENTS WHICH MAY BE USED BY THE
ACCUSED TO FLEE THE COUNTRY MUST BE SURRENDERED TO THE
COURT; AND

(f) IF THE OFFENDER IS A GOVERNMENT OFFICIAL OR EMPLOYEE,
THE PENALTY OF PERPETUAL DISQUALIFICATION FROM PUBLIC
OFFICE SHALL ALSO BE IMPOSED.

THE FINES HEREIN PRESCRIBED SHALL BE INCREASED BY AT LEAST
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INFLATION AND TO MAINTAIN THE DETERRENT FUNCTION OF SUCH
FINES,

THE APPREHENDING AGENCY SHALL IMMEDIATELY CAUSE THE
‘TRANSFER OF ALL WILDLIFE THAT HAVE BEEN SEIZED OR RECOVERED
TO THE NEAREST WILDLIFE RESCUE CENTER OF THE DENR IN THE
AREA.

IN CASE EXOTIC SPECIE ARE INVOLVED, THE DENR SHALL DETERMINE
THEIR LOCAL EQUIVALENT LISTING FOR PURPOSES OF THE
PROSECUTION OF THIS ACT.”

SEC. 6. Section 30 of the law is hereby amended to read as follows:

“SEC. 30. Deputation of Wildlife Enforcement Officers. - The Secretary
shall deputize wildlife enforcement officers from non-government
organizations, citizens groups, community organizations 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,

WILDLIFE ENFORCEMENT OFFICERS SHALL BE ENTITLED TO
REASONABLE DAILY LIVING AND TRANSPORTATION ALLOWANCES, PER
DIEMS, HAZARD PAY, HEALTH CARE AND MEDICAL ASSISTANCE, FREE
LEGAL ASSISTANCE IN CASE OF HARASSMENT SUITS AND IN THE
PROSECUTION OF NIPAS CASES, HONORARIA, AND INSURANCE
COVERAGE, FINANCIAL ASSISTANCE, WHERE APPROPRIATE, ALL TO BE
FUNDED FROM THE WILDLIFE MANAGEMENT FUND (WMF), AND/OR
REGULAR APPROPRIATIONS OF THE AGENCY, SUBJECT TO


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AVAILABILITY OF FUNDS AND THE USUAL ACCOUNTING AND AUDITING
RULES AND REGULATIONS.

SEC, 30-A. SPECIAL PROSECUTORS AND COUNSELS, - THE DEPARTMENT
OF JUSTICE (DOJ), UPON RECOMMENDATION OF THE DENR, SHALL
DESIGNATE SPECIAL PROSECUTORS FROM AMONG THE STATE AND
PUBLIC PROSECUTORS TO DO PRELIMINARY INVESTIGATION AND
PROSECUTE VIOLATIONS OF THIS ACT.

THE DENR MAY RETAIN THE SERVICES OF A COMPETENT LAWYER TO
PROSECUTE AND/OR ASSIST IN THE PROSECUTION OF CASES UNDER
THE DIRECT CONTROL AND SUPERVISION OF THE REGULAR OR
SPECIAL PROSECUTOR, AND DEFEND THE WILDLIFE ENFORCEMENT
OFFICERS, THE CHSu AND THE CHMO STAFF, OR ANY PERSON
ASSISTING IN THE PROTECTION OF WILDLIFE, AGAINST ANY LEGAL
ACTION RELATED TO THE PERFORMANCE OF THEIR POWERS, DUTIES,
FUNCTIONS, AND RESPONSIBILITIES AS PROVIDED IN THIS ACT OR AS
DELEGATED OR TASKED BY THE DENR SECRETARY.”

SEC. 7. A new Section 38 is hereby inserted to read as follows:
“SEC, 38. CITIZEN'S SUITS. - FOR THE PURPOSES OF ENFORCING THE
PROVISIONS OF THIS ACT OR ITS IMPLEMENTING RULES AND
REGULATIONS, ANY CITIZEN MAY FILE AN APPROPRIATE CIVIL,
CRIMINAL, OR ADMINISTRATIVE ACTION IN THE PROPER
COURT/BODIES AGAINST:

(a) ANY PERSON WHO VIOLATES OR FAILS TO COMPLY WITH THE
PROVISIONS OF THIS ACT, ITS IMPLEMENTING RULES AND
REGULATIONS; OR

(b) THOSE MANDATED TO IMPLEMENT AND ENFORCE THE
PROVISIONS OF THIS ACT WITH RESPECT TO ORDERS, RULES AND


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REGULATIONS INCONSISTENT WITH THIS ACT; AND/OR

(c) ANY PUBLIC OFFICER WHO WILFULLY OR GROSSLY NEGLECTS
THE PERFORMANCE OF AN ACT SPECIFICALLY ENJOINED AS A DUTY BY
THIS ACT OR ITS IMPLEMENTING RULES AND REGULATIONS, OR
ABUSES HIS AUTHORITY IN THE PERFORMANCE OF HIS DUTY, OR, IN
ANY MANNER IMPROPERLY PERFORMS HIS DUTIES UNDER THIS ACT
OR ITS IMPLEMENTING RULES AND REGULATIONS: PROVIDED,
HOWEVER, THAT, NO SUIT CAN BE FILED UNTIL AFTER A THIRTY (30)-
DAY NOTICE HAS BEEN GIVEN TO THE PUBLIC OFFICER AND THE
ALLEGED VIOLATOR CONCERNED AND NO APPROPRIATE ACTION HAS
BEEN TAKEN THEREON. THE COURT SHALL EXEMPT SUCH ACTION
FROM THE PAYMENT OF FILING FEES, UPON PRIMA FACIE SHOWING OF
THE NON-ENFORCEMENT OR VIOLATIONS COMPLAINED OF AND
EXEMPT THE PLAINTIFF FROM THE FILING OF AN INJUNCTION BOND
FOR THE ISSUANCE OF PRELIMINARY INJUNCTION.

IN THE EVENT THAT THE CITIZEN SHOULD PREVAIL, THE COURT SHALL
AWARD REASONABLE ATTORNEY'S FI MORAL DAMAGES, AND
LITIGATION COSTS AS APPROPRIATE.”

SEC. 8. A new section 39 is hereby inserted to read as follows:

“SEC, 23, SUITS AND STRATEGIC LEGAL ACTION AGAINST PUBLIC
PARTICIPATION (SLAPP) AND THE ENFORCEMENT OF THIS ACT. -
WHERE A SUIT IS BROUGHT AGAINST A PERSON WHO FILED AN ACTION
AS PROVIDED IN SECTION 22 OF THIS ACT, OR AGAINST ANY PERSON,
INSTITUTION, OR GOVERNMENT AGENCY THAT IMPLEMENTS THIS ACT,
IT SHALL BE THE DUTY OF THE INVESTIGATING PROSECUTOR OR THE
COURT, AS THE CASE MAY BE, TO IMMEDIATELY MAKE A
DETERMINATION NOT EXCEEDING THIRTY (30) DAYS WHETHER SAID
LEGAL ACTION HAS BEEN FILED TO HARASS, VEX, EXERT UNDUE
PRESSURE OR STIFLE SUCH LEGAL RECOURSES OF THE PERSON


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COMPLAINING OF OR ENFORCING THE PROVISIONS OF THIS ACT. UPON
DETERMINATION THEREOF, EVIDENCE WARRANTING THE SAME, THE
INVESTIGATING PROSECUTOR OR THE COURT, AS THE CASE MAY BE,
SHALL DISMISS THE COMPLAINT. IN ADDITION, THE COURT SHALL
AWARD THE ATTORNEY'S FEES AND DOUBLE THE AMOUNT OF
DAMAGES.

THE PROVISION SHALL ALSO APPLY AND BENEFIT PUBLIC OFFICERS
WHO ARE SUED FOR ACTS COMMITTED IN THEIR OFFICIAL CAPACITY,
THERE BEING NO GRAVE ABUSE OF AUTHORITY, AND DONE IN THE
COURSE OF ENFORCING THIS ACT.”
SEC. 9, Sections 38 TO 41 of the previous Wildlife Act are hereby
renumbered as Sections 40, 41, 42, and 43 respectively.

SEC. 10, Separability Clause, - If any portion or provision of this Act is
declared void and unconstitutional, the remaining portions or provisions hereof

shall not be affected by such declaration.

SEC. 11, Repealing Clause. - All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.
SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its complete publication in at least two (2) national newspapers of general

circulation.

Approved,