REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

3351

Introduced by Representative Juan Miguel Macapagal Arroyo

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

EXPLANATORY NOTE

species are natural treasures that deserve protection under the law hence we
need 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
avery 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 (Pishecophaga 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.

Philippine flora and fauna, as well as the ecosystem they live in, serves as the country’s natural
capital and provides a variety of services beneficial to the Filipino people. They also help in water
purification, minimize soil erosion, lessens the effect of climate change, pollination and decomposition.
Indeed, the benefits provided by wildlife are limitless and essential to a human life’s welfare. But despite
of this, their existence continues to be threatened, consequently some species are on the verge of extinction.
The illegal collection of wildlife genetic resources also deprives Filipinos of the monetary benefits from
the development of products and technologies derived from these natural treasures.

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 17 years 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
International 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 foregojag)the immediate passage of this bill is earnestly sought.

2™ District, Pampanga

1


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS

First Regular Session

3351
House Bill No.

Introduced by Rep. Juan Miguel 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
GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Revised Wildlife Resources
Conservation and Protection Act of 2019." (1a)

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

2


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

(@) to promote full awareness and extensive dissemination of policies on wildlife
conservation and protection. (2a)

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. (3a)

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” (4a)

CHAPTER I
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; (n)

(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; (n)

(©) "Bioprospecting" means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for commercial
purposes; (5[a])

(@) “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 modem biotechnology; (n)

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

(O) “By-products and derivatives” refer to any part taken or substance extracted from

3


wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens;
GIb})

(g) “Captive-breeding/culture or propagation" means the process of producing indi
under controlled conditions or with human interventions; (5[c])

(h) “Certificate of Wildlife Registration” refers to a document authorizing a person to
possess wildlife, by-products and derivatives; (n)

(i) “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; (n)

(j) "Collection or collecting" means the act of taking, gathering or harvesting wildlife, its
by-products or derivatives; (5[d])

(k) "Conservation" means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat; (5[e])

(1) “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; (n)

(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; (5[f])

(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; (5[g]a)

(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; (5[h])

(p) "Endemic species" means species or subspecies which is naturally occurring and found
only within specific areas in the country; (5[i])

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

(©) "Export permit" refers to a permit authorizing a person to bring out wildlife, wi
by-products and derivatives from the Philippines to any other country; (5[k])

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

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

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

(v) "Habitat" means place or environment where species or subspecies naturally occur or
has naturally established its population; (5[m])

(w)"Import permit" refers to a permit authorizing a person to bring in wildlife, wildlife by-
products or derivatives from another country; (5{n]})

(x) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has
naturally established population in the country; (5[o])

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

juals

GIP)

(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; (n)

(aa) "Invasive alien species" ot "IAS" refers to species whose introduction and/or spread
outside their natural past or present distribution threatens biological diversity; (n)

(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” (5[vJa)

(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; (n)


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

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

(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; (5[q])

(ii) "Secretary" means the Secretary of the Department of Environment and Natural
Resources, the Secretary of the Department of Agriculture; (5[r]a)

(jj) "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; (n)

(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; (5[s])

(I) "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; (5{t])

(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; (5[u})

(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; (5[w])

(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; (5[x])

(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 purposes;
Gly

(qq) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a
wildlife breeding farm for conservation, trade and/or scientific purposes; (5[z])

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

(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; (n)

(t) “Wildlife rescue center” refers to government established or designated repositories of
confiscated, donated, retrieved, or turned-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” reters 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; (n)

(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; (n)

(qq) “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. (n)


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. (6a)

:C. 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. (16a)

SEC. 8. Economically Important Species. — The Secretary or PCSD shall establish a list of
econom 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. (18a)

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 IAS 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. (n)

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 (NFRDD), 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. (19a)

ARTIC]

sat

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. (7a)

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. (7a)

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. (9a)

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. (10a)

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

7


compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto:
Provided, Vhat the recipient of live wildlife is technically and financially capable to nuaintain it
Provided, further, That the importation of invasive alien species shall not be allowed. (Ila)

BC. 16. hutroduction, 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 Ac

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 theit authorized representatives is first
obiained. In no case shall exotic species be introduced into protected areas covered by Republic
Act No. 7586 and (o 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 inforined consent from the local stakeholders
(17a)

SEC. 18. Bioprospecting. ~ Bioprospecting shall be allowed upon execution of an
king 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
concerned agencies, before granting the necessary permit, shall requite that prior informed consent
be obtained by the applicant trom the concerned indigenous cultural communities, local
communities, the Protected Area Management Board under Republic Act No. 7586, or 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 concerned 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.

Ifthe 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. (14a)

SEC. 19. Scientific Researches on Wildlife. - Collection and utilization of biological
resources for 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 concerned 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 trom the biological and genetic resources. (15a)

SEC. 20. Commercial Breeding or Propagation of Wildlife Resource:

. ~ 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. (17)

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. (23)

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. (24a)

. 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. (24a)

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 305 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) Exportv/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. (21)

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
(c) 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.(22a)

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,

10


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

(c) 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 coordination 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. (25a)

CHAPTER [V
WILDLIFE CRIME

ARTICLE |
Ilegal Acts

29. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be
iselestid for any pexeca to willbilly and knowingly underlake, or to: induoo, eclicit or omploy
another person to undertake, the following acts: (27a)

(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; (27[a]a)

(i) when it is done as part of the religious rituals of established tribal groups or


indigenous cultural communities; (27[a]fi])

(ii) when the wildlife is afflicted with an incurable communicable disease;
27{ajlii),

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

(iv) when it is done to prevent an imminent danger to the life or limb of a human
being; (27[alfiv))

(v) when the wildlife is killed or destroyed after it has been used in authorized
research or experiments; and (27[a}[v})

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

(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species; (27{b])

(c) affecting any of the following acts in critical habitat(s):

(i) dumping of waste products detrimental to wildlife and/or the critical habitat;
(27{c}fi] a)

(ii) squatting or otherwise illegally occupying any portion of the critical habitat;
(27{e}lii] a)

(iii) mineral exploration and/or extraction, treasure-hunting and/or prospecting;
(27{c\liii] a)

(iv) burning; (27[c}fiv])
(v) logging; and (27[c][v])
(vi) quarrying. (27e][vi})
(d) introduction, reintroduction or restocking of wildlife resources; (27{d])

(©) 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; (27[e}a)

(f) collecting, hunting or possessing wildlife, their by-products and/or derivatives; (27[f])
(g) gathering or destroying of active nests, nest trees, host plants and the like; (27[g])

(h) maltreating and/or inflicting other injuries not covered by the preceding paragraphs;
27{h))

(i) transporting of wildlife; and (27[i])

(i) wildlife laundering. (n)


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:

(@) imprisonment of reclusion temporal (from 12 years and | 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;

(d) imprisonment of prision correccional in its minimum period (From 6 months and | 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

(c) 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 | 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;

(c) 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 vulnerable species;

(A) imprisonment of prision correccional in its minimum period (From 6 months and | 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 species;
and

e) imprisonment of arresto mayor (From | 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.

B


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 | month and | 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 | 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 I 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 (200,000.00), if involving vulnerable species;

(d) 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

(c) 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
I 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;

(c) imprisonment of prision correccional in its minimum period (From 6 months and 1 day
o2 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

(e) 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 | 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
(P100,000.00), if inflicted or undertaken against endangered species;

(c) imprisonment of arresto mayor in its minimum and medium period (From 1 month 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 | 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 1 day to 6 years) and a fine of Fifty thousand pesos (P50,000.00) to Six hundred
thousand pesos (600,000.00), 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;

(c) imprisonment of prision correccional in its minimum period (From 6 months and | day
to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00) to Two hundred
thousand pesos (200,000.00), if involving vulnerable species;

(A) 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)

5


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 IIL

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;

(e) 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

(8 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 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;

d. 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;

4d. If more than twenty (20) wildlife specimens of any classification are involved, the
maximum penalty shall be imposed;

c. 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;

4. Ifthe 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. (n)

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. (n)

ARTICLE IV

Administrative Adjudication

SEC. 37. Authority to adjudicate and administer penalties. ~ The Secretary or PCSD ot
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 Plantlla 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 Wildlife 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

i


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. (30a)

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 WIMUs, 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. (33a)

41, Wildlife regulatory and law enforcement information system. — ‘The Secretary and
PCSD shall develop, establish and maintain a wildlife law enforcement management information
system (o 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.
(a)

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. (n)

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. (n)

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

18


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 civil,

criminal, and special civil actions involving the enforcement or violations of this Act including
actions treated as a SLAPP as provided in this section. (n)

CHAPTER VI

ANEOUS 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 and
damages awarded, proceeds from allowable disposition of wildlife, wildlife by-products and

, 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. (29a)

>. 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. (34a)

>. 47. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife
rescue centers (o take temporary custody and care of all confiscated, abandoned and/or donated
(o ensure their welfare and well-being. Such wildlife rescue centers shall be staffed by
ent 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. (32a)

. 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. (31a)



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. (35a)

. 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. (n)

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 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. (36a)

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.
(n)

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. (38a)

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. (37a)

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. (n)

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. (n)

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 Il 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

20


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. (n)

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.

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.
(9)

C. 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. (40a)

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. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or two (2) newspapers of general circulation. (41)

Approved.

a