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RepublicofthePhilippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NIr`unTEENTH cONGREss
First Regular Session
HouseBi||No.8058
Introduced by Representative Midy N. Cua
Lone Di!strict, Quirino
AN ACT PROVIDING STRONGER MHASURES FOR TIRE CONSERVATION AND
PROTHCTION 0F WILDLIFE RusouRCES AND TREIR HABITATS,
REPEALING FOR THIS PURPOSE REPUBLIC ACT NO. 9147 0R THE
"WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT," AND
APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
Section  16, Article 11 t]f the  1987 Constitutitm mandates the State to protect and advanc,a the
right  of the  people  to  a  balanced  and  healthful  ecology  in  ac(:oi.d  with  the  rhythm   and
harmony  of nature.  This Constitutional  prcivision carries  with  it  a  correlative  duty of each
generation to safeguard the environment for .the benefit of the succeeding generations.
][t  is  in this regard that. Republic Act No.  9] 47, otherwise known as the "Wildlife ResoLirces
Conservation  and  Pr{)tection  Act,  was  enacted  way  back  in  2001.  It  aimed  to  consLerve,
protect biodiversity by regulating human activities involving wild] ife; its collection and tl.ade.
I[Iowever,  despite  being  considered  one  of the  world's  most  megadiverse  countries,.  the
Philippines   has   faced   great   challenges   in   protecting,   conserving,   and   developing   its`
biodiversity.  Destruction  in  the  country has;  continued  to the  point  wherein  the  number of
endangered plant and animal species has reached 700] . Further wcirsening the situation ;is the
t`act   that   the   countryJ   suffers   from    an   extremely   high   level   of  deforestation,   h{],bitat
degradation, and wild] ife exploitation2.
These all point to the need for a updating of I:he country's legislati{m designed to prevent such
;issues.  There  is  an  urgent  need  to  revisit  and  update  the  21  yiL`ar-old  law  as  the  present
environmental problems have terribly outpaced its regulatory framework. Thus, to uphold the
I   Ani,  Princess  Alma,  antl  Monica  Castillo.  2020.  .`Revisiting  the  State  of  Philippine  Biodiversity  al]d  the
Legislation on Access and  Benefit Sharing." FFTC  Agricultural Policy Platform (FFTC-AP).  March  18,  2020.
!}tkpis#£.rfge?r.,°kg;#!#:,`Lt£::;HNeate.c|egg,J.DavidBlount,MaryRos€>CPosa,JohnMCLaughlin,and
l=agan   Hakki   §ekercioglu.   "Biological   Correlates   of  Extinction   Risk   in   lf`|esident   Philippine   Avif:luna."
Frontiers in Ecology and Evolution 9, no. 14 (lure 14. 202\).
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concept of intergenerational responsibility, this legislation mandates the State to conserv(= and
|protect the country's wildlife  resources to  promote ecological  balance.  It also proposes the
;imposition  of  stiffer  penalties  against  individuals  committing  acts  in  violations  o.(`  the
provisions of this Act.
•This  measure  previously  passed the  third  reading  in  the  18th  Congress.  It was  propos€3d by
Representatives   Josephine   Ramirez-Sato,   Juan   Miguel   Macapagal   Arroyt),   Rufus   8.
R(>driguez,  Luis Raymund "Lray"  F.  Villafuerte,  Jr.,  Alfred Vargas, Estrellita 8.  Suansing,
Horacio P. Suansing, Jr., Robert Ace S. Barbers, Allen Jesse C. Mangaoang, Ciriaco 8. Gato,
Jr.,  Irene  Gay  F.  Saulog,  Alfel  M.  Bascug,  Christian  S.  Unabia,  Shirlyn  Bafias-Nograles,
Sarah Jane I. Elago, Diego "Nonoy" C. Ty, Micaela S. Violago, Adriano A. Ebcas, Joy Myra
Salvador-Tambunting, Jake Vincent Villa, Stella Luz A. Quimbo, Teodorico T. Haresc{], Jr.,
Lorenz R.  Defensor,  Corazon T. Nufiez-Malanyaon, Erie  L.  0livarez,  Conrado M.  Estrella,
Ill,  Mark 0.  Go,  Rufty 8.  Biazon,  Sergio  C.  Dagooc, Angelica Natasha Co,  John Marvin
"Yul  Servo"  C.  Nieto,  Jesus  "Bong"  C.  Suntay,  Jose  Gay  G.  Padiemos,  Sh€Lron  S.  Garin,
Godofredo N. Guya, Jumel Anthony I. Espino,  Wilton "Tonton" T.  Kho, Cheryl P. Deloso-
Motalla,  Ramon  C.  No]asco,  Jr.,  Jose  "Ping-Ping"  I.  Tejada,  Lawrence  "Law"  H.  Fctrfun,
Amie 8. Fuentebella,  Roberto V. Puno, Pablo John F.  Garcia, Cesar "Jawo" I. Jimenez, Jr.,
Strike  8.  Revilla,  Deogracias  Victor  "DV"  Savellano,  Loren  Legarda,  Alan  8.  Ecleo,  I,
Michael  8. Gorriceta, Evelina G.  Escudero,  Manuel  Jose "Manmix" M. Dalipe,  Tyrone D.
Agabas,  Lianda 8.  Bolilia,  Argel .Joseph T. Cabatbat, Loma P.  Bautista-Bandigan, Julliie E.
Cua,  Luisa  Lloren  Cuaresma,  Paul  Ruiz  Daza,  John  Michale  R.  Dunvit,  Rudys  Ces:ir  G.
Fariflas,  I,  Jose  Enrique  "Joet"  S.  Garcia,  Ill,  Greg  G.  Gasataya,  Ed  Christopher  S,.  Go,
Jocelynn  Sy  Limkaichong,  Manuel  T.  Sagarbarria,  Way  Kurat  Zamora,  Cyrille  "Beng"  F.
Abueg-Zaldivar,  Yasser Alonto  Balindong,  Gabriel  H.  Bordado,  Jr.,  Narciso R.  Bravct,  Jr.,
Carl Nicolas C. Cari, Maximo Y. Dalog, Jr., Abdullah D. Dimaporo, Alan "Aldu" R. Dujali,
Faustino "Inno" A. Dy, V, Eduardo "Eddie" R. Gullas, Arm K. Hofer, Glona a. Labadl;abad,
Edward Vera Perez Maceda, Maricel G. Natividad-Nagafio, MD., Na. Lucille L. Nava,  MD.,
Emmarie "Lolypop" ()uan-Dizon, Eddiebong G. Plaza, Hector S. Sanchez, Alyssa Sheena P.
Tan, John Reynald M. Tiangco, K].istine Alexie 8. Tutor, Samantha Louise Vargas All:onso,
Rosanna "Ria" Vergara, Precious Hipolito Castelo, Wilfrido Mark M. Enverga, Joseph ",Jojo"
L.  Lara,  Virgilio  S.  Lacson,  Dahlia  A.  Loyola,  Macnel]  Lusotan,  Amihilda  J.  Sangcopan,
Rowena Nifia  0.  Taduran,  Victor A.  Yap,  Elpidio  F.  Barzaga,  Jr.,  Eric  G.  Yap,  and  Joey
Sarte Salced€i as principal authors thereof.
In view of the foregoing, approval of this measure is earnestly sought.
2


:Oj;.,:-:::;+?,
RepublicoftLePhilippines
HOUSE 0F REPRESHNTATIVES
Quezon City, Metro Manila
NRETEHNTH CONGRESS
First Regular Session
HouseBi||No:8058
Introduced by Representative Midy N. Cua
Lone District, Quirino
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AN ACT PROVIDING STRONGER MEASURES FOR THE CONSERVATION AND
PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS,
REPEALING FOR THIS PURPOSE REPUBLIC ACT NO. 9147 0R THE
``wlLDLIFn REsouRcns CoNSERVATloN AND pROTECTloN ACT,» AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress
assembled:
SECTION 1. 7'i.f/e. -This Act shall be known as the "Revised Wildlife Resources
Conservation and Protection Act".
SEC. 3. Doc/¢rc7/i.o# o/Po/7.c.y. -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 Aet shall have the following objectives:
(a)  to regulate the collection, possession, use, and trade of wildlife, wildlife by-products and
derivatives;
(b)  to   pLirsue,   with   due   regard   to   the   national   interest,   Philippine   commitments   to
international coirventions, treaties, and agreements on the protection of wildlife and their
habitats, and on the fair and equitable sharing of the benefits from the lawful utilization of
wildlife genetic resources;
(c)  to  initiate  or support scientific  studies   on the  conservation ot` biological  diversity  and
sustainable utilization of wildlife resources;
(d)  to promote full awareness and widest dissemination of policies on wildlife conservation
and protection; and
(e)  to strengthen the global effort to eradicate the transnational organized crime of wildlife
trade and trafficking.
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2      SEC. 3. Scape a/4p/J.c¢rJ.o#. -This Act applies to all wildlife species found in all areas of
3       the exotic country, including species which are subject to trade, are bred or cultured, in
4      captivity or propagated in the country.
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6      S;EC. 4. Jurisdiction of the Department of E"ironment and Natural Resources (DENH), the
7       Department of Agriculture (DA), and the palowan councilf or sustainable Development
8      rpcsDJ. -The DENR shall have jurisdiction over all terrestrial plant and animal species
9       including turtles and tortoises, wetland species, including crocodiles, waterbirds and all
0      amphibians and the Dwgo#g Dc/go# or D#go77g. The DA shall havejurisdiction over all
1       declared aquatic critical habitats, all aquatic resources including all fishes, aquatic plants,
2      invertebrates and all marine mammals. except the Dugong. The secretaries of the I)ENR and
3      the DA shall review and, byjoint administrative order, revise and regularly update the list of
4       species under their respectivejurisdictions and make the list readily available to all concerned
5       government agencies and local government units. In the province ofpalawan, jurisdiction
6      herein conferred is vested  on the pcsD pursuant to Republic Act No. 7611, otherwise known
7      as the "Strategic Environmental plan (SEP) for palawan Act".
9      SEC. 5. De/#!./i.o# a/rcrms. -As used inthe Act:
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(a)  Bz.o/og7.ca/ dj.vcrsz.rty» or bj.oc7z.verstry refers to the variability among  living organisms  from
all sources including, terrestrial, marine. and other aquatic ecosystems and the ecological
complexes of which they are part, and the diversity within species, between species, and
ofecosystems;
(b)  B!.a/t>gz.ca/ resowrceb' refer to genetic resources, organisms or parts thereof, p()pulations or
any  other  biotic  component  of ecosystems  with  actual  or  potential  use  or  value  for
humanity,  including  all  biological  specimen  such  as  plants,  seeds,  tissues  and  other
propagation materials, animals, live or preserved, whether whole or in part;
(c)  Bj.aproapecfz.#g refers to the research, collection and utilization of biological  and genetic
resources  for  purposes  of  applying  the  knowledge  derived  from  research  solely  for
commercial purposes;
(d)  Bz.osc7/edy refers to the need to  protect human,  plant,  and  animal  health  or  life  and the
environment from the adverse effects of the products of modem biotechnology;
(e)  Bo/c]#j.ccz/ grrc7e# refers to a controlled and staffed institution where a collection of wild
flora  is  maintained  for  recreational,  educational,  research,  conservation  and  scientifi.c
Purposes;
(D   fry-procJ"c/ cr7cd c7erz.vczfj.ve refers to any part taken or substance extracted from wildlife, in
raw or in processed form. This includes stuffed animals and herbarium specimens;
(g)  Cczp/I.ve-breedz.ng,  cw/fwre,  or propczgcrfr.or refers to  the process  of producing  individual
plants or animals under controlled conditions or with human intervention;
(h)  Certificate of Wildlife Registration refers to a document authorizing a person to possess
wildlife, wildlife by-products and derivatives;
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(i)   Cert./}ccz/e o//ritrod#c#.o# /}o7"  Cfee Secr 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;
¢)   Co//t7c.rz.o#  or  co//ec/z.ng  refers  to  the  act  of taking,  gathering  or  harvesting  wildlife,
wildlife by-products, or derivatives;
(k)  Co»S'€rvc7J7.o#   refeis   to   the   preservation   and   sustainab]e   utilization   of  wildlife,   or
maintenance, restoration, and enhancement of the habitat;
(I)   Crj.fi.ccz/ habz./c7/ refers  to  an  area outside  protected  areas  under Republic  Act (RA) No.
7586  or the National  Integrated  Protected Areas  System  (NIPAS)  Act,  as  amended by
Republic Act  11038  or the ENIPAS, that are kno\un habitats of threatened  species and
designated  based  on  scientific  data  taking  into  consideration  species  endemicity  and
richness, and the presence of man-made pressures and threats to the survival of wildlife
living in the area, among others;
(in) Crj./z.ccr/fy e;¢cZczngered specz.cs  refers to  a species  or  subspecies that  is  facing  extremely
high risk of extinction in the wild;
(n)  Domes#.ccz/ed  refers  to  any  plant  or  animal  listed  by  the  relevant  authorities  easily
propagated  and   altered  or  selected   for  desirable  characteristics  and  pre.ferences  for
domestic use;
(o)  Ge#e/I.c  mcr/erz.cz/  I.efers  to   any   material  of  plant,   animal,   microbial  or  other  origin
containing functional units of heredity;
(p)  Ge#e/j.c rcso#rces refer to genetic material of actual or potential value;
(q)  Grczfwi.fo#s per#!j./ refers  to the permit  issued  to  any person to  collect  wildlife  for non-
commercial scientific, or educational undertaking;
(r)   Hczbl./cr/ refers to the place or environment where species or subspecies naturally occur or
have naturally established its population;
(s)  J"por/ pcrmz.t refers to  a permit authorizing a  person  to bring  in  wildlife,  wildlife by-
products and de].ivatives from another country;
(t)   /}ccJj.g€7#oas wj./d/z/e refers to species or subspecies of wildlife naturally occurring or have
a naturally established population in the country;
(u)  J#trod"c/i.o# refers to the bringing of species into the wild or outside its natural habitat;
(v)  J#Jroc7wc/j.o#/ro" ffec sea refers to the transportation into the country of specimen of any
species which were taken from the marine environment which is not under the. jurisdiction
of any State;
(w) J#vas!.ve c]/i.e# specr.es or Z4S refer to  species whose introduction or proliferation outside
their natural past or present distribution threatens biological diversity;
(x)  £oc¢/ frc7#sporf pcj.mzt refers to a permit authorizing a person to bring wildlife from one
place to another within the territorial jurisdiction of the Philippines;
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(y)  Mcz//7'ec!tw!e#/ refers to the commission of torture or any form of cruelty to any wildlife, or
omission or neglect to provide adequate care, sustenance or shelter to wildlife;
(z)  Ivecrr   fforeclJe#ed  xpec!.es   refers   to   species   or   subspecies   that   is   neither   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;
(aa)01foer w./d/7Je spcc'z.es  refer to  all  other wildlife  species  not classified  as  threatened  or
near-threatened;
(bb)       Person refers to a natural orjuridical person;
(cc)Possessj.ow refers to both actual possession or immediate physical control over wildlife, or
wildlife  by-products  and  derivatives,  and  to  constructive  possession  or  ownership  or
control  over  the  place  or  conveyance  where  the  wildlife,  or  wildlife  by-products  and
derivatives are found;
(dd)       Jte-exporf permjz.f refers to a pemit authorizing a person to bring out of the country
previously imported wildlifeg wildlife by-products and derivatives thereof;
(ee)S7!izxper refers to a person that sends or transports goods by sea, land, or air;
(fry fpec!.a/ £oca/  rrcw!xpor/ Permz./  refers  to  a  permit  conferred  to  holders  of a  Wildlife
Special  Use  Permit  (WSUP)  authorizing  the  conveyance  of wildlife,  by-products  and
derivatives  from the facility of origin to  one or more places within the Philippine,  and
back to the facility of origin;
(gg)        77orecrre#ecJ   Speci.es    refers    to    species    or    subspecies    considered    as    critically
endangered, endangered, vuinerable, or other accepted categories of wildlife which is at
risk of extinction:
(hh)       7+clcJe  refers  to  the  act  of engaSng  in  the  exchange,  exportation  or  importation,
purchase    or    sale    of   wildlife,    wildlife    by-products    and    derivatives,    locally    or
internationally;
(ii)  rraditz.o#a/ wsc refers to the  utilization of wildlife  by  indigenous people  in  accordance
with  written  or  unwritten  rules,  usage,  customs  and  practices  traditionally  observed,
accepted and recognized by them:
Gj)  yw/#erab/e specz.es refers to species or subspecies that are not endangered but are under
threat from adverse factors throughout their range and is likely to move to the endangered
category in the near future;
(kk)       W'7./d/7/e  refers  to wild  forms  and varieties  of flora and  fauna,  in all  developmental
stages, including those which are in captivity or are being bred or propagated. It excludes
domesticated species;
(11)  Wr7./d/€./e  co//ec/or's pe"j.f  refers  to  a  permit  to  take,  gather  or  harvest  from the  wild
certain  species  and  quantities  of wildlife  as  parental  stocks  for  commercial  breeding
purposes;
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(mm)     Wrj./d/I/e /czr7#  c'w//#re  permit  refers  to  a permit to  develop,  operate  and  maintain  a
wildlife breeding farm for conservation, trade or scientific purposes;
(nn)        Wr!./d/i/e  /oca/ /rc]c7e pe777.j.f refers to permit authorizing a person to  sell  or offer for
sale wildlife, wildlife by-products and derivatives;
(oo)        Wrz./d/!/e /c}#7¢c7erj.#g refers to 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;
(pp)       W'j./d7j/e rescwe ce#/er refers to a government established or designated repository of
confiscated,  donated,  retrieved,  or turned-over wildlife  or an establishment where  sick,
injured, confiscated wildlife are temporarily kept and rehal)ilitated prior to the release to
their natural habitat or implementation of other modes of disposition as may be authorized
by the DENR, DA, or the PCSD;
(qq)        W'j./d/i/e reg!.s/rczrz.o# refers to the act of entering in the official  records  wildlife,  by-
products and derivatives and granting authority to any person to maintain said wildlife,
wildlife by-products and derivatives;
(rr)  Wz./d/i/e  Spcc!.cz/  UL`-e  Pe777¢J./  refers  to  a permit authorizing the  holder thereof to  utilize
legally  possessed  or  acquired  wildlife,  wildlife  by-products  and  derivatives  for  local
shows, exhibitions, or educational purposes or to collect economically important species
for direct trade purposes;
(ss) Zoo/ogj.ca/ Pczr¢ or Zoo  refers to  an  establishment  where  a collection of wild  fauna  is
maintained for recreational, educational, research, conservation, or scientific purposes.
CHAPTER 11
CONSERVATION AND PROTECTION OF VILDLIFE RESOURCES
ARTICLE I
General Provisions
37       SEC. 6. Wrz./cZ/7/e /77/orma/7.o#. -All activities described in this chapter. shall be authorized by
38      the DENR, DA or pcsD upon  proper evaluation of best available information or scientific
39      data showing that the activity or its intended purpose is not detrimental to the survival of the
species or subspecies involved and their habitat. For this purpose, the DENR. DA or PCSD
shall regularly update wildlife information through research.
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43                    The DENR, DA and pcsD shall establish their respective National wildlife
44      Management committee (NWMC) to provide technical and scientific advice on wildlife
45       conservation and protection. Each NWMC shall be composed of representatives from the
46      DENR. DA or pcsD, other concerned government agencies, and local scientists with
47      expertise on various fields of discipline on wildlife. The NWMC shall invite other
48      stakeholders as resource persons and other experts, when necessary. The DENR, DA or
49      PCSD shall act as chairperson of their respective NWMC.
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I                    The DENR and DA shall establish a Regional wildlife Management committee
2       (RWMC) in every administrative region to provide technical and scientific advice on wildlife
3      conservation and protection to DENR and DA field offices.
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5       SEC. 7. 87.osa/e{y. -All activities dealing with genetic engineering and pathogenic organisms
6       in the philippines, as well as activities requiring the importation, introduction, field release
7      and breeding of organisms shall be reviewed by the DENR, DA-BFAR or pcsD in
8      accordance with the biosafety guidelines designed to ensure public welfare and the protection
9      and conservation of wildlife and their habitats.
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11       SEC. 8. Eco#omz.cc}/fy J"porfa#/ fpccz.es'. -The DENR, DA. and pcsD shall establish a list
12      of economically-important species. Where appropriate, a population assessment of such
13       species shall be conducted  within a reasonable period and shall be regularly reviewed and
14       updated.
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16                     The collection of certain species shall only be allowed when the results of the
17      assessment show that, despite certain extent of collection, the population of such species can
18       still remain viable and capable of recovering its numbers. For this purpose, the DENR, DA,
19      and pcsD shall establish a schedule and volume ofallowable harvests.
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21                     Whenever an economically important species becomes threatened, any form of
22      collection thereof shall be prohibited except for scientific, educational or breeding or
23       propagation purposes, pursuant to the provisions of this Act.
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25       SEC. 9. J#vcrsj.ve.4/z.c# fpecJ.es. -The DENR, DA and pcsD shall manage invasive alien
26      species (IAS) and formulate a National Invasive Alien species strategy and Action plan
27      (NISSAP) on the prevention, detection, eradication, control of, and rehabilitation from
28       invasive alien species, particularly those having the greatest impact on the environment,
29      biodiversity, human health and livelihoods. Within one (I) year after the effectivity of this
30      Act, the DENR, DA, and the pcsD, shall jointly establish the list of invasive and potentially
31        invasivealien species.
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33                    The list oflAs and the NISSAP shall be periodically reviewed, updated and copies of
34      the same shall be made readily available to concerned government agencies and local
35       government units. All national government agencies and local government units shall
coordinate with the DENR, DA and PSCD in the implementation and localization ()f the
strategy and action plan.
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39      SEC. +0. Designation of Management and scientif ic Authorities f or Ihiernational Trade in
40      E#da#gered specz.es a/Wrj.Jd Faw#cr ¢#{7 F/ore. -The Biodiversity Management Bureau
41       (BMB) of the DENR shall be the management authority in the implementation of
42       international agreements on international trade in endangered species of wild fauna and flora
43      and terrestrial resources, while the Bureau ofFisheries and Aquatic Resources (BFAR) of the
44      DA shall be the authority with respect to aquatic resources Finally, pursuant to Republic Act
45      No. 7611, the palawan council for sustainable Development, shall manage the
46      implementation of international agreements on intemational trade endangered species of wild
47      faunal and flora, terrestrial resources and aquatic resources in the province ofpalawan.
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49                     Scientific authorities shall provide advice to these management authorities. The
50      scientiflc authorities for the terrestrial species are the Ecosystems Research and Development
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Bureau ¢RDB) 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 DENR or DA Secretary. The scientific authorities for the marine and
aquatic species are the National Fisheries Research and Development Institute (NFRDI), U.P.
Marine Science Institute, U.P. Visayas, Silliman University, the National Museum and other
agencies as may be designated by the DENR or DA Secretary. The ERDB shall be the lead
convenor of the scientific authorities for terrestrial species while the NFRDI shall be the lead
convenor of the scientific authorities for marine and aquatic species.
ARTICLE 11
Permissible Activities
SHC.11. Co//cctz.o# a/ Wrj./d/I/e. -Collection of wildlife may be allowed in accordance with
Section 6 of this Act subject to the following conditions:
a)    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 be required;
b)   collection of wildlife by indigenous peoples (IPs) in their ancestral land  ordomain may be
allowed for traditional use and not primarily for profit:
c)    the  collection  of wildlife  resources  by  IPs  must be  undertaken  in  accordance with the
guidelines established by the  Secretary of Agriculture: Prow.ded,  That the  collection of
threatened wildlife shall be governed by Section 21 of this Act.
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28       SEC.12. Posses,§j.o# a/Wj.JdJjJe. -No person or entity shall be allowed possession of wildlife
29      unless such person or entity can prove financial and technical capability, including scientific
30      knowledge, and possess the appropriate facility to maintain said wildlife: Provz.ded, That the
31       wildlife was not obtained in violation of this Act or other laws.
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33      SEC.13. Collection or possession of By products and Derivatives. ~ The coflechon or
34      possession of wildlife by-products and derivatives may be allowed: Pj`ovz.did, That the same
35       was not obtained in violation of this Act or other laws.
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37      Srdc.14. Local Transport of wildlif e, By-Products, and Derivatives. ~T"altra;riapcut of
38       wildlife, wildlife by-products, and derivatives legally collected or possessed shall be
39      authorized by the concerned agency unless the same is prejudicial to the wildlife and public
40       health.
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42      SEC.1S. Exportation or Importation of wildlif a, By-Products and Derivatives. -W.i+diife,
43      wildlife by-products, and derivatives may be exported to or imported from another country as
44      may be authorized by the secretaries of the DENR and DA and pcsD chairperson, or their
45       designated representatives, subject to strict compliance with the provisions of this Act and the
46       rules and regulations promulgated pursuant thereto: Provz.c7cc7, That the recipient of live
47      wildlife has the technical and financial capacity to maintain it. The importation of invasive
48       alien species shall not be allowed.
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\      S;EC.16. Introduction, Reihiroduction or Rjestocking of Endemic or Indigenous wildlif e. ~
2      The introduction, reintroduction, or restocking  of endemic and indigenous wildlife shall be
3       allowed only for population enhancement or recovery purposes, subject to prior clearance
4      from the DENR or DA secretary or the authorized representative pursuant to section 6 of this
5       Act.
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7                    Any proposed introduction shall be subject to a scientific study which shall focus on
8      the bio-ecology and natural history as well as the conduct of public consultations with
9       concerned individuals or entities.
I 1       SEC.17. J#/rodcjc/!.o7! a/rarofi.c wri./d/j/e. --No exotic species shall be introduced into the
12      country without clearance from the DENR, DA, or pcsD or their authorized representatives.
13       In no case shall exotic species be introduced into protected areas covered by R.A. No. 7586
14      and R.A. No.11038 and to critical habitats under section 27 hereof: Provi.ded, That the
15       introduction of such exotic species shall not pose any adverse impacts on local ecology and
16      that further environmental impact study shall be undertaken which shall focus on the bio-
17      ecology, natural history, socioeconomic and related aspects of the area where the species will
18      be introduced. The proponent shall also be required to secure the free and prior informed
19       consent from concerned indigenous people (IP) communities as well as to conduct public
20      consultations with local stakeholders.
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2SEC.18. Bj.aprospec/;.7!g. -Bioprospecting shall be allowed upon execution of an
undertaking by any proponent, which shall stipulate, among others that the proponent shall
comply with reasonable terms and conditions that may be imposed by the DENR and DA
Secretaries, and the PCSD chairperson to protect biological diversity and ensure fair and
equitable sharing of benefits derived from the utilization of philippine genetic resources.
28                    Before any permit shall be granted by the DENR and DA secretaries, and the pcsD
29      chaixperson or their authorized representatives, the proponent shall secure the free, prior and
30       informed consent of the concerned indigenous cultural communities. local communities,
31       pursuant to pursuant to RA 8731 or the "Jndj.ge#ows peep/es' Rj.grfets 4c/ a//997," and of the
32      Protected Area Management Board under RAs 7586 and 1 1038, or froin any affected person.
33       The applicant shall fully disclose the intent and scope of the bioprospecting activity in a
34       language and process understandable to the community.
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36                     Whenever applicable and appropriate, a local institution shall be tapped to be involved
37      in the research, collection, and technological development of the product or products derived
38       from the wildlife biological and genetic resources. Upon submission of the complete
39      requirements, the DENR and DA secretaries, and pcsD chairperson shall act on the research
40      proposal within a reasonable period of time.
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42       SHC.19. Scj.e#/j#c Rese¢rcfeeS o# Wr7.Jc}7j/e. -Collection and utilization of biological
43       resources for scientific research, not for commercial purposes, shall be allowed upon
44      execution of an undertaking or agreement or the issuance ofa gratuitous permit by the DENR
45       and DA secretaries, or their authorized representative: Provi.cJed, That clearance from
46      concerned bodies shall be secured before the issunnce of the gratuitous permit: ProvJ.ded,
47      Further, That special conditions to facilitate the conduct of scientific research by Filipino
48      students may be provided  by either of the DENR or DA secretary, or the chairperson of the
49      PC SD.
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Whenever applicable and appropriate, a local institution shall be tapped to be involved
in the research, collection, and technological development of the product or products derived
from the biological and genetic resources.
Srf]C. ZO. Commercial Breeding or Propagation Of Wildlife Resources. ~Breediryg or
propagation of wildlife for commercial purposes shall be allowed by the DENR Secretary,
DA Secretary, PCSD chairperson, or their authorized representatives pursuant to Section 6 of
this Act through the issuance of wildlife farm or culture permit: Provi.c/ec7, That only
propagated  flora, progenies of wild fauna raised. or specimens there from, as well as
unproductive parent stock shall be utilized for trade: Provided, further, That commercial
propagation and breeding operations for wildlife, whenever appropriate, shall be subject to an
environmental impact study.
SEC,. 21. Collection Of Threatened Wildlif e, By-Products and Derivatives. -The coHhechon 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. Only persons accredited by the DENR Secretary, DA
Secretary, or the PCSD Chairperson shall be allowed to collect for conservation breeding or
propagation purposes.
S;EC. 2;2. Conservation Breeding or Propagation Of Threatened Species. ~ Ccmservedron
breeding or propagation of threatened species shall be encouraged in their natural habitats. It
shall be done simultaneously with the rehabilitation and protection of the habitat where the
captive-bred or propagated species shall be released, reintroduced, or restocked.
S;EC. L3. Commercial Breeding or Propagation Of 'Threatened Species. -Commerc;rat
breeding or propagation of threatened species may be allowed provided that the following
minimum requirements are met by the applicant:
(a)  Proven effective breeding and captive management techniques for the species; and
(b)  Commitment   to   simultaneously   undertake   conservation   breeding   and   commercial
breeding in accordance with Section 20 of this Act.
The DENR Secretary, DA Secretary, or PCSD Chairperson shall prepare a list of
threatened species for commercial breeding and shall regularly revise or update such list or a8
the need arises.
ARTICLE Ill
Permits, Fees, and Charges
SEC. 24. JsSwo#ce czjicc7 ya/I.drty a/Pe„#!.ts. - The DENR Secretary, DA Secretary, and the
PCSD Chairperson, or their duly authorized representative, shall issue permits, certifications,
or clearances with corresponding periods of validity according to the following:
( 1 )  Wildlife farm or culture permit
(2)  Wildlife collector's permit
three (3) to five (5) years;
one (1) to three (3) years;
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(3)  Gratuitous permit
(4)  Local transport permit
(5)  Special Local Transport Permit
(6)  Wildlife Local Trade Permit
(7)  Wildlife Special Use Permit
(8)  Exportllmport/Re-export Permit
one (1 ) to three (3) years;
not more than three (3)
months;
not more than three (3 )
months;
one (1) year;
one ( I) to three (3) years;
one (1) to six (6) months;
(9)  Certificate of Introduction from the sea         one ( I ) to six (6) months;
The permits may be renewed subject to the guidelines to be issued by the appropriate agency
and upon consultation with concerned groups.
SEC. 25. 4wffoortry /a Co//CCJ Fees cmc7 C¢clrges. -The Secretaries of the DENR, and DA,
and the PCSD Chairperson are hereby authorized to impose and collect reasonable fees and
changes for the issuances of permits enumerated in the preceding section, as may be
determined upon consultation with the concerned groups, and in the amount fixed by the
DENR, DA, or PCSD.
For the export of wildlife species, an export permit fee of not more than five percent
(5%) of the export value, excluding transport costs, shall be charged: Provj.ded. 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.
These fees and charges shall be reviewed by the DENR and DA Secretaries every two (2)
years or as the need arises and revisions shall be made accordingly, subject to consultation
with concerned sectors.
The DENR, DA Secretaries, or the PCSD Chairperson may impose an import permit
fee based on import value and valuation of potential risks to biodiversity and human health.
Fees and charges under international agreements shall be bone by the applicant.
ARTICLE IV
Protection of Threatened Species
SEC. 26. Dc/ert»z.#a/7.o# a/77}re¢/ened Specz.es. -The DENR and  DA Secretaries, or the
PCSD Chairperson shall accordingly 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 criteriae including the following:
(a)  present or threatened destruction, modification curtailment of its habitat or range;
(b)  over-utilization for commercial, recreational, scientific or educational purposes; and
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(c)  other natural or man-made factors affecting the existence of wildlife.
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4      The DENR and DA secretaries, and the pcsD chairperson shall accordingly review, revise,
5       and publish the list of categorized threatened wildlife within one (1) year after effectivity of
6      this Act. Thereafter, the list shall be updated regularly or as the need arises: Provj.did, That a
7       species listed as threatened shall not be removed there from within three (3) years of its initial
8       inclusion in the list.
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10      The DENR secretary, DA secretary, or the pcsD shall accordingly evaluate the status of the
11       species that are the subject ofa petition filed by any person seeking for the addition or
12       delction of such species from the list and act on said petition based on the criteria stated
I 3       herein within a reasonable period of time.
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\5      SEC. 2]. Registration of Threatened and Exotic wildlif e in the possession of private
I 6      Persons. -Threatened and exotic wildlife possessed without a certificate ofwildliLfe
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Registration shall be confiscated in favor of the government and the person in possession
shall be subject to the penalties provided in this Act. Certificates of Wildlife Registration
shall be issued only for the following:
(a)  Wildlife stock acquired under a prior valid wildlife permit issued to the same applicant,
including wildlife  import permits or certifications, wildlife collector's permit,  subject to
the submission of proof of legal acquisition ;
(b)  Wildlife stock purchased or otherwise acquired from legal sources subject to submission
of proof of legal  acquisition: Prov!.ded, That the  sale or disposition of the  stock to the
applicant was duly reported to the DENR, DA or PCSD by the source: Provi.dec7, /wrffeer,
That, the wildlife sold or disposed are limited to those allowat>le under Sections 20 and 23
of this Act: and
(c)  Progenies or offapring of duly registered parental wildlife stocks.
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33       Possession of registered wildlife species shall be subject to the conditions under section  12 of
34       this Act. When a registered threatened species is needed  for breeding, propagation or
35       research purposes, the state may acquire the registered wildlife from any person through a
36       mutually acceptable arrangement.
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ARTICLE V
Critical Habitats
SEC. 28. Es/crb/jsfome„/ a/Crj./j.ccz/ ffczbj./crts. - The DENR, and DA Secretaries, and the
PCSD Chairperson shall designate critical habitats where threatened species are found outside
protected areas designated as such under R.A Nos. 7586 and 11038 and other existing. Such
designation shall be made on the basis of the best scientific data taking into consideration
species endemicity or richness, presence of man-made pressures/threats to the survival of
wildlife living in the area, among others.
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49                    All designated critical habitats shall be protected, in coordination with the local
50      government units, indigenous peoples, and other concerned groups, from any form of
51       exploitation or destruction which may be detrimental to the survival of the threatened species
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1       dependent therein. For such purpose, the DENR or DA secretary, and pcsD chairperson may
2      acquire, by purchase, donation or expropriation, lands, or interests  therein, including the
3       acquisition of usufruct, establishment of Casements or other undertakings appropriate in
4      protecting the critical habitat.
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6                   To complement these habitats, the DENR secretary, DA secretary, or the pcsD
7      chairperson may also identify for protection a geographically defined area other than a
8      protected area, which is governed and managed in ways that achieve positive and sustained
9       long-term outcomes for the in-$7./2f conservation ofbiodiversity, with associated ecosystem
0       functions and services, and where, cultural, spiritual, socio economic, and other locally
1       relevant values can be applied or observed.
3                                                                      CHAPTER HI
5                                                                  WrrLDL[FE CRIMES
7                                                                        ARTICLE I
9                                                                                Illegal Acts
1       SEC. 29. A//egc7/Acts. -It is unlawful for any person to willfully and another knowingly
2      undertake, or to induce, solicit, or employ person to undertake, the following acts:
(a)  Killing or destroying wildlife species, including causing death or destruction as a result of
any violation of this Act, except in the following instances;
(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;
(v)         when  the  wildlife  is  killed  or  destroyed  after  it  has  been  used  in  authorized
research or experiments; and
(vi)        when done for the purpose of wildlife population management or eradication of
invasive alien species, as authorized by the DENR, DA or PCSD.
(b)  Injuring, Crippling, or impairing the reproductive system of wildlife speeies;
(c)  Effecting any of the following acts in critical habitats:
(i)          dumping of waste products detrimental to wildlife and the critical habitat;
(ii)         squatting or otherwise illegally occupying any portion of the critical habitat;
(iii)        mineral exploration or extraction, treasure-hunting or prospecting;
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(iv)        burning;
(v)          1oggi ng ;
(vi)        quanying.
(vii)       land reclamation;
(viii)      distufoing wildlife through activities that endanger flora, fauna and their habitats:
and
(ix)        introduction,  whether  intentional  or  not,  of  substance  or  any  man-made  or
anthropogenic  material,  agent or medium  that endangers  the habitat  or renders
habitat no longer viable for wildlife
(d)  Introduction, reintroduction or restocking of wildlife resources;
(e)  Trading  or  attempting to  trade wildlife,  wildlife  by-products  and derivatives,  including
advertising.  contracting or offering for the  purpose  of sale  or procurement  of wildlife,
wildlife by-products and derivatives through online platform or any other means;
(f)   Collecting, hunting, or possessing wildlife, wildlife by-products and derivatives;
(g)  Gathering or destroying of active nests, nest trees, host plants and the like;
(h)  Maltreating or inflicting other injuries not covered by the preceding paragraphs;
(i)   Transporting 6f wildlife without the appropriate, valid permits, clearances, agreements or
certificates;
0)   Wildlife laundering; and
(k)  Destruction of wildlife habitat which consists of any of the acts in paragraph (c) including
a combination thereof, resulting in the cessation or impairment of the ecological service
or  function  associated  with  the  habitat,  the  effects  of which  will  take  a  considerable
amount of time and effort to reverse.
SHC. 30. Wrj./d/Ire rrczLorcki.7qg. -When any of the violations of paragraphs (a), (e), (f), (i), and
0) in Sec. 29 are committed by a syndicate or in large scale, or the wildlife involved is to be
exported or is actually exported to another country, or is imported from another country by
the person in connivance with the persons from whom the wildlife was apprehended, the
offense committed is wildlife trafficking and shall be penalized accordingly.
Wildlife trafficking is also committed under any of the following circumstances, whether
domestic or transnational: (a) When one or more persons agree to commit any of the
aforementioned illegal acts for a purpose relating directly or indirectly to obtaining of
financial or other material benefit from any crime defined in this Act, including any act
undertaken by one of the participants in furtherance of the agreement or involving an
organized criminal group; (b) When a person who, with knowledge of either the aim and
general criminal activity of an organized criminal group or its intention to commit the crimes
in question, takes an active part in criminal activities of the organized criminal group or other
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activities of the organized criminal group in the knowledge that the participation will
contribute to the achievement of the aboverdescribed criminal aim; and (c) Organizing,
directing, aiding, abetting, facilitating or counselling the commission of any of the illegal acts
defined under this Act involving an organized criminal group.
ARTICLE 11
Penalties
SEC. 31 Pe7'2a//j.es/or yj.oJfl/j.o#s a/frfej.5 4c/. -Any person who commits the illegal acts
described under paragraph (a) of Sec. 29 of this Act shall, upon conviction, be punished by
the following penalties:
(a)  Rec/#b`i.o# femporc7/ or imprisonment of not less than twelve (12) years and one ( 1) day but
not more than twenty (20) years and a fine of not less than Two hundred thousand pesos
(P200,000.00) but not more than Two million pesos (P2,000,000.00), or both, if the illegal
act involved critically endangered species;
(b)  Prz.s;.o# i#a);or or imprisonment of not less than six (6) years and one ( I) day but not more
than  twelve   (12)  years,   or  a  fine  of  not   less  than  One   hundred  thousand  pesos
(P100,000.00)  but  not  more  than  to  One  million  pesos  (Pl,000,000.00),  or  both,  if the
illegal act involved endangered species;
(c)  Prz.sj.o# corrcccz.o#cz/ in its medium and maximum period or imprisonment of not less than
two (2) years, four (4) months and one ( 1) day but not more than six (6) years, or a fine of
not less than Sixty thousand pesos (P60,000.00) but not more than Six hundred thousand
pesos (P600,000.00), or both. if the illegal act involved wlnerab]e species;
(d)  Pri.sz.o#  correccz.o#a/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (I) day but not more than two (2) years and four (4) months, or a fine of
not less than Forty thousand pesos (P40,000.00) but not more than Four hundi-ed thousand
pesos (P400,000.00), or both. if the illegal act involved near threatened species; and
(e)  Prz.sz.o#  correccz.o#cz/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (1) day but not more than t`ro (2) years and four (4) months, or a fine of
not  less  than  Twenty  thousand  pesos  (P20,000.00)  but  not  more  than  Two  hundred
thousand pesos (P200,000.00). or both, if the illegal act involved other wildlife species.
39       For illegal acts under paragraph (b) ofsec 29 of this Act, the following penalties and fines
40       shallbeimposed:
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(a)  Prisz.o#  correcci.o#cr/ in  its  maximum  period  or  imprisonment  of not  less  than  four (4)
years, two ( 2) months and one (I) day but not more than six (6) years, or a fine of Cine
hundred   thousand    pesos   (P100,000.00)   but   not   more   than   One   million   pesos
(P1,000,000.00). or both, if the illegal act involved critically endangered species;
(b)  Prj.SI.o# co„ccci.o7!cr/ in its medium period or imprisonment of not less than two (2) years,
four (4) months and one ( 1 ) day but not more than four (4) years and two (2) months, or a
flne of not less than Sixty thousand pesos (P60,000.00) but not more than Four hundred
thousand pesos (P400,000.00), or both, if the illegal act involved endangered species;
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(c)  Prisi.o#  correccz.o#cr/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (1) day but not more than two (2) years and four (4) months, or a fine of
not less than Forty thousand pesos (P40,000.00) but not more than Four hundred thousand
pesos (P400,000.00), or both, if the illegal act involved vulnerable species;
(d)  Prz.s!.o79  correccj.o#cI/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (I) day but not more than two (2) years and four (4) months, or a fine of
not  less  than  Twenty  thousand  pesos  (P20,000.00)  but  not  more  than  One  hundred
thousand pesos (Pl oo,000.00), or both, if the illegal act involved near threatened species;
and
(e)  4rrc.fro "cr};or or imprisonment of not less than one (1) month and one (1) day to six (6)
months,   or   a   fine   of  Ten   thousand   pesos   (Plo,000.00)   to   Forty   thousand   pesos
(P40,000.00), or both, if the illegal act involved other wildlife species.
I 6       For illegal acts described under paragraphs (c) and (d) ofsec.29 of this Act, the penalty
17       involved 7.s arres'/a mq/or to pr7.s;.o# mcp/or in its minimum period or imprisonment of not
18       less than one (1) month and one (1) day but not inore than eight (8) years, ora fine of not less
19       than Ten thousand pesos (Plo,000.00) but not more than Ten million pesos (Plo,000,000.00),
20       or both, shall be imposed. Ifa critical habitat requires rehabilitation or restoration as a result
21       of the illegal act as determined by the court, the offender shall bel additionally required to
22       restore the same, whenever practicable, or pay additional compensation for the danage
23       caused.
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25       For illegal acts described in paragraph (e) Sec. 29 of this Actg the following penalties and
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fines shall be imposed:
(a)  Prz.sj.o7c  correcci.o#¢/ in  its  maxinum  period  or imprisonment of not  less than  four (4)
years, two (2) months and one ( I) day but not more than six (6) years, or a fine of not less
than  Fifty thousand  pesos (P50,000.00) but not more than  Six  hundred  thousand pesos
(P600,000.00), or both, if the illegal act involved critically endangered species;
(b)  Prz.sz.o# correcci.o#cr/ in its medium period or imprisonment of not less than two (2) years,
four (4) months and one ( I) day but not more than four (4) years and two (2) months, or a
fine of not less than Thirty thousand pesos (P30,000,00) but not more than Four hundred
thousand pesos (P400,000.00). or both, if the illegal act involved endangered species;
(c)  Prz.sj.o#  correccz.o#cz/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (I) day but not more than two (2) years and four (4) months {tr fine of n()t
less than Twenty thousand pesos (P20,000.00) but not more than Two hundr.ed thousand
pesos (P200,000.00), or both, if the illegal act involved vulnerable species;
(d)  j4rre.gfo wa)Jor or imprisonment of not less than one (1) month and one (1) day but not
more than six (6) months, or a fine of not less than Ten thousand pesos (Plo,000.00) but
not  more  than  One  hundred  thousand  pesos  (Ploo,000.00),  or  both.  if the  illegal  act
involved near threatened species; and
(e)  *4rre,rfo  me7ior  in  its  medium  period  and  maximum  period  or  imprisonment  of not  less
than  eleven  (11)  to  thirty  (30)  days,  or  a  fine  of not  less  than  Five  thousand  pesos
(P5,000.00) but not more than Forty thousand pesos (P40,000.00), or both,  if the  illegal
act involved other wildlife species.
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For acts described under illegal paragraphs (I) and (g) of Sec. 29 of this Act, the following
penalties and fines shall be imposed:
(a)  Prz.sz.o# correccz.o#cr/ in its medium period or imprisonment of not less than two (2) years,
four (4) months and one ( 1 ) day but not more than four (4) years and two (2) months, or a
fine of not less than  Sixty thousand pesos (P60,000.00) but not more than  Six hundred
thousand  pesos  (P600,000.00),  or both,  if the  illegal  act  involved  critically  endangered
species;
(b)  Prz.sz.o#  correccj.o#cz/  in  its  mininum  period  or  imprisonment  of not  less  than  six  (6)
months and one (1) day but not more than two (2) years and four (4) months, or a fine of
not less than Forty thousand pesos (P40,000.00) but not more than Four hundl-ed thousand
pesos (P400,000.00), or both, if the illegal act involved endangered species;
(c)  4rres/o mcD/or in its minimum and medium period or imprisonment of not less than one
(I ) month but not more than four (4) months, or a fine of not less than Ten thousand pesos
(Plo,000.00) but not more than Forty thousand pesos ¢40,000.00), or both, if the illegal
act involved vulnerable species;
(d) .4rres/o me#or in  its  medium period  and  maximum period or imprisonment of not less
than  eleven  (11)  but  not  more  than  thirty  (30)  days,  or  a  fine  of not  less  than  Two
thousand pesos ¢2,000.00) but not more than Ten thousand pesos (Plo,000.00), or both,
if the illegal act involved near threatened species;
(e)  j4rresfo me#or in its minimum period or imprisonment of not less than one (I) day but not
more than ten (10) days, or a flne of not less than Five hundred pesos (P500.00) but not
more  than  Two  thousand  pesos  (P2,000.00),  or  both.  if the  illegal  act  involved  other
wildlife species.
30       For illegal acts under paragraph ¢) ofsec. 29 of this Act, the following penalties and fines
31        shallbeimposed:
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(a)  Prz.a;.o#  correcc7.o#a/ in  its  maximuln  period  or imprisonment of not less  than  four (4)
years, two (2) months and one (1 ) day but not more than six (6) years, or a fine of not less
than  Fifty thousand pesos  (P50,000.00) but not more than  Six hundred thousand pesos
(P600,000.00), or both, if the illegal act involved critically endangered species;
(b)  Prz.£z.o72 co"eccz.or3c7/ in its medium period or inprisonment of not less than thro (2) years,
four (4) months and one ( I ) day but not more than four (4) years and t\ro (2) months. or a
fine of not less than Thirty thousand pesos (P30,000.00) but not more than Four hundred
thousand pesos (P400,000.00). or both, if the illegal act involved endangered species;
(c)  Prz.sz.ow  correcc4.o#c7/  in  its  minimum  period  or  imprisonment  or  not  less  than  six  (6)
months and one (1) day but not more than two (2) years and four (4) months, or a fine of
not  less  than  Twenty  thousand  pesos  (P20.000.00)  but  not  more  than  Two  hundred
thousand pesos (P200,000.00), or both, if the illegal act involved vulnerable species;
(d) i4rresfo mc7};or or imprisonment of not less than one (1) month and one (1) day but not
more than six (6) months, or a fine of not less than Ten thousand pesos (Plo,000.00) but
not  more  than  One  hundred  thousand  pesos  (P100,000.00),  or  both,  if the  illegal  act
involved near threatened species; and
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(e)  4rresro "e#or in  its  medium period  and maximum period or imprisonment of not less
than eleven (11) days but not more than thirty (30) days, or a fine of not less than Five
thousand pesos (P5,000.00) but not more than Forty thousand pesos (P40,000.00), or both,
if the illegal act involved other wildlife species.
For acts constituting wildlife trafficking, the following fines and penalties shall be imposed:
(a)  Rec/#sj.o# fempor¢/ or imprisonment of not less than twelve (12) years and  one (1) day
but not more than twenty (20) years, or a fine of not  less than  Two hundred thousand
pesos (P200,000.00) but not more than Two million pesos (P2,000,000.00), or two times
the proven market value, whichever is higher, or both, if the illegal act involved critically
endangered species;
(b)  Prz.sj.o# mayor or imprisonment of not less than six (6) years and one ( I) day but not more
than  twelve   (12)   years,   or  a  fine  of  not  less  than  One   hundred   thousand   pesos
(P100,000.00)  but  not  more  than  One  million  pesos  (P1,000,000.00),  or two  times  the
proven market value, whichever is higher, or both, if the illegal act involved endangered
species;
(c)  PrJ.a;.o# correccj.o#c}/ in its medium and inaximum period or imprisonment of not less than
two (2) years, four (4) months and one ( I ) day but not more than six (6) years, or a fine of
Sixty thousand pesos (P60,000.00) to Six hundred thousand pesos (P600,000.00), or two
times the proven market value, whichever is higher,  or both,  if the  illegal  act involved
vulnerable species;
(d)  Pri.Sj.o#  correcc7.o#a/  in  its  minimum  period  or  imprisonment  of not  less  than  six  (6)
months and one (1) day but not more than two (2) years and four (4) months, or a fine of
not less than Twenty thousand pesos (P20,000.00) but not more than Sixty thousand pesos
(P60,000.00), or two times the proven market value, whichever is higher, or both,  if the
illegal act involved other protected wildlife species.
S;EC. S2. Criminal Liabilities and Disqualif iication.
(a)  If the  violation  is  committed  by  a  corporation,  cooperative,  association  or  any  other
juridical  person,  such  as  airfreight,  shipping,  trucking  or  forwarding  companies,  the
penalty  shall  be  imposed  upon the president,  director or directors,  managers, managing
parther,  or other official thereof responsible  for such violation: Provl.decJ,  That, the fine
shall be doubled: Prov!'cJec7, Ar/focr, 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
criminal  liability that the  court may find and the penalty that may  be  imposed pursuant
thereto, shall be perpetually disqunlified from holding any public office.
(c)  Any  person  convicted  of a  violation  of this  Act  shall  be  permanently  and  perpetually
disqualified from being issued any wildlife permit, clearance, agreement or certificate.
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49       SEC. 33. C;.vj./ £z.czb7./7./z.es. -Civil action for the recovery of civil liability arising from the
50       offense charged shall be included in the criminal action or may be separately  filed. Civil
51       liabilities are separate from criminal and administrative liabilities and shall include costs for
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1       maintenance of apprehended live wildlife species, economic reparations, or indemnification
2      for environment damage, among others.
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4      SHC. 34. j4"o##/ a/Fj.nes. -The fines herein prescribed shall automatically increase by ten
5      percent (10%) every three from the effectivity years of this Act without need for further
6       legislation or administrative issuance.
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ARTICLE Ill
Disputable Presumptions and Qualifying Circumstances
SEC. 35. D;.sp#/czb/e Preswmp/j.our. -Without the appropriate wildlife permit, cerlification or
clearance, or authority at the time of apprehension, the following shall constitute pri.ova/crc!.c
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  by-products  and  derivatives  shall  be  disputable  presumption  that  the
possessor caused the killing or destruction, infliction of injury, maltreatmem, collection,
hunting of wildl ife, wildlife by-products and derivatives, as appropriate;
(b)  Presence of fresh or dried blood, wildlife by-products and derivatives, with or without the
tools,  equipment or  paraphernalia derivatives,  shall  be  a disputable presumption of the
killing and or destruction of, or inflicting injury on, the wildlife species involved;
(c)  Entry into areas designated as critical habitats while in possession of hunting, trapping or
collecting  paraphernalia  shall  be  a  disputable  presumption  that  the  person  intends  to
collect, hunt or gather wildlife resources thereat; and
(d)  Failure on the part of any airfreight,  shipping, trucking or forwarding company,  or any
parcel or mail delivery service providers from whose possession the wildlife, wildlife by~
products or derivatives are discovered or seized to fully cooperate in the investigation on
the matter by concerned government authorities shall create a presumption that there  is
connivance or conspiracy between the  company  or  service  provider  and the  shipper to
violate the provisions of this Act.
35
36       SHC. 35. gwa/j#i.#g c!+c!tmsJcr#ces. ~ Any prohibited act committed on each wildlife
37       specimen shall be counted separately. The imposition of penalties shall be qualifled and the
38       maximum penalty shall be imposed if the prohibited acts committed involve:
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a.    More than one (I) specimen ofa critically endangered species;
b.    More than five (5) of specimens of an endangered species;
c.    More than eight  (8) specimens ofa vulnerable species;
d.    More than ten (I 0) specimens ofa near threatened species;
e.    More than fifteen (15) specimens of other wildlife species;
f.     More than twenty (20) wildlife specimens of any classification;
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1       If the prohibited act is committed in a large scale or by a syndicate, the penalty of twice the
2       maximum penalty shall be imposed. A prohibited act is deemed large scale when the total
3       number of wildlife specimen involved is more than thirty (30). A prohibited act is deemed
4       committed by a syndicate if more than three (3) persons are involved.
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6       If the prohibited act committed involves the inducement of indigenous peoples (IPs, the
7       maximum penalty shall be imposed.
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9       SEC. 37. Pe#cI//i.es/or Jtecj.c7j-vi.sty. -The maximum applicable penalty shall be imposed upon
10      a recidivist who commits any of the illegal acts punishable under this Act. A recidivist refers
11       to a person who, at the time of the trial for violation of this Act, shall have been previously
12      convicted by finaljudgment of the same or another violation of this Act.
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SEC. 38. £j.abi./rty U#c7er Offoer fow;a. -Prosecution for violation of this Act shall be without
prejudice to the prosecution of the offender for violation of other laws, rules and regulations.
ARTICLE IV
Administrative Adj udication
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21       SE:C. 39. Authority to Adiudicate and Administer penalties. -The scoreta,ties ofthe DE:NR
22       and DA. PCSD chairperson, or their respective authorized representatives shall exercise
23       administrative adjudication, confiscation, and forfeiture powers, including the power to cite in
24       contempt, in all cases of violations of this Act. They may also impose administrative sanctions
25       such as payment offines, or order the suspension or cancellation of existing wildlife permits
26       and disqualification from issuance of future permits, the closure of establishment, or the
27      confiscation and forfeiture of all wildlife, wildlife by-products and derivatives, and all
28       paraphernalia, tools and conveyances used in cormection with the violation, and to dispose of
29       the same in accordance with pertinent laws, regulations or policies on the matter. The
30       Secretaries of the DENR and DA, PCSD chairperson, or their respective authorized
31       representatives may, after due notice and hearing, cancel or suspend wildlife pemits,
32       clearances, agreements and/or certificates issued to persons found to have violated any
33       provision of this Act, rules and regulations issued to implement it, or the terms of the permits,
34      agreements or certificates. The secretaries of the DENR and the DA, and the pcsI)
35       chairperson shall issue appropriate procedural rules and regulations for the administrative
36       adjudication of violations of this Act.
37
CHAPTER IV
Transnationa] Wildlife Crimes
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42      SEC. 40. rrausrea/j.o7ca/ Charac/er a/Wrj./dyj/e crj"e. -Consistent with the provisions of the
43      United Nations convention on Transnational organized crime (UNTOC) to which the
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Philippines is a Party, and which is considered part of the law of the land through
incorporation, a wildlife crime acquires a transnational character if committed:
(a)  In more than one State;
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(b)  In one State, but a substantial  part of its preparation, planning, direction or control takes
place in another State;
(c)  In one State, but involves an organized criminal group that engages in criminal activities
in more than one State; or
(d)  In one State, but has substantial effects on another State.
9       SHC. 41. J#/er7aar/;.o#cr/ Coaper4/J.o#. -Once the philippine center on Transnational crime
10      (PCTC) has received a request from another state party ofuNTOc for confiscation of
I 1       proceeds of crime, property, equipment, or other instrumentalities from the commission ofa
I 2       transnational wildlife crime, the PCTC shall submit the request to the implementing agencies
13       of this Act for the purpose of obtaining order of confiscation, and if such an order is granted,
14       shall enforce such order.
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16                    In addition, upon receipt of such a request, the PCTC, in coordination with the
17       implementing agencies of this Act, shall take measures to identifyg trace, freeze, seize
I 8      property, equipment, other instrumentalities and the proceeds of the transnational wildlife
19       crime.
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2\      S;rdcA2. Collection, Exchange, and Analysis of Irf ;ormation on the Nature of Transnatioral
22       Wrj./{}Jj/e crj.owe. -The PCTC shall consolidate and analyze, in consultation with the scientific
23       and academic communities and other relevant international and regional organizations,
24       including lnternational criminal police organization (INTERPOL) and Association of
25       Southeast Asian Nation National police (ASEANAPOL), consolidate and analyze the trends
26       in organized crime in its tenitory, the circumstances in which organized crime operates, as
27       well as the professional groups and technologies involved. The PCTC shall also consider
developing and sharing analytical expertise concerning organized criminal activities with
other international and regional organizations. For these purposes, common definitions,
standards and methodologies should be developed and applied, as appropriate.
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•.32      S;ECA3. Policies and other Measures to Address Transnational wildlif e crime. -PCTC
33      shall work The with the DENR, DA. PCSD and the office of the special Envoy for
34      Transnational crimes, and consult with international and regional organizations, including
35      INTERPOL, ASEANAPOL, and the ASEAN centre for Biodiversity, to develop policies and
36      measures conducive to the optimal implementation of the uNTOc in relation to wildlife
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crime, through regional and international cooperation, taking into account the negative effects
of organized crime on society in general, and in particular on sustainable development.
CHAPTER V
VILDLIFn LAw ENFORCEMENT
44      S;EC. 44. Creation of planlilla positions f ;or wildlif e Lam Enf orcement. -TheDA,DENT+
45      and pcsD are hereby authorized to create, subject to existing guidelines, permanent positions
46      of wildlife Enforcement Agents, or designate their existing permanent employees as such
47      from their respective enforcement units. They shall have full authority to enforce the
48       provisions of this Act such as the conduct of surveillance activities, investigation, application
49      and service of search warrants, arrests of violators and seizures of illegally possessed,
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collected, traded or transported wildlife, their by-products and derivatives including the
conveyances, tools and implements used thereto. Wildlife Enforcement Agents are authorized
to carry their agency's badge and government firearms in the conduct of their duties, subject
to the existing rules on firearms and after proper training from any government facility.
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6      SEC. 45. Deputation of wildlif e Erforcement of f lcers. -The DENR and DA secretaries, and
7      the pcsD shall deputize wildlife enforcement officers from nongovemment organizations,
8       citizens' groups, community organizations, local government units and other volunteers who
9       have undergone necessary training for this purpose. The philippine National police (PNP), the
I 0      National Bureau of lnvestigation (NBI), the Bureau ofcustoins and other law enforcement
11       agencies shall designate wildlife enforcement officers. As such, the wildlife enforcement
12       officers shall have the full authority to seize illegally traded wildlife and to arrest violators of
13       this Act, subject to existing laws, rules and regulations on arrest and detention. These agencies
14       may also seek the cooperation oflntemational and Regional organizations in the conduct of
15       its investigation and enforcement actions.
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+7      EEC. 46. Creation of wildlif e Traf f iic Monitoring units (WTNIJs). -The DENR a:ndDA
18       Secretaries shall create wTMUs in strategic air and seaports all over the country to ensure the
19       strict compliance and effective implementation of all existing wildlife laws, rules and
20      regulations, including pertinent international agreements. For this purpose, the DENR, DA or
21       PCSD are authorized to add in their staffing pattern such number of wildlife Inspector
22      positions as may be necessary, the appointees of which shall be assigned to wTMUs, and
23      who shall have the same powers and duties as wildlife Enforcement officers. National
24      government agencies with mandates on transportation and local government units shall
25      provide necessary assistance to such wTMUs.
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instrumentalities such as, those from the Office for Transportation Security (OTS), the Civil
Aviation Authority of the Philippines (CAAP), assigned at air or seaports who may have
discovered or intercepted wildlife commodities in the discharge of their official functions
shall bring such discovery to the attention of, and turn over the intercepted wildlife, wildlife
by-products and derivatives to the wildlife traffic monitoring unit assigned in the area.
34      SEC. di. Wildlif e Regulatory and Low Enf orcement Management Inif ;ormation system. -The
35      DENR, DA and pcsD shall develop, establish and maintain a wildlife law enforcement
management information system to aid in the monitoring, regulation, control and surveillance
of activities involving wildlife, particularly the possession, transport and trade of wildlife,
wildlife by-products and derivatives.
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40      SEIC. 48. Ro/e a/£oca/ Gover#me#/ U7?z.ts. -Local government units shall support the
41       DENR, DA and pcsD in the implementation of this Act. Local government units shall
42      require the presentation of the appropriate and duly issued wildlife permits or clearances by
43       persons engaged in business activities involving wildlife as a pre-requisite for the issuance or
44      renewal of business permits and other applicable local government permits and clearances to
45       suchpersons.
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47      SEC. 49. P"b/;.c pcrr/jcjpcr/j.o#. -The participation of private citizens in reporting and
48      providing information on illegal wildlife trade shall be encouraged. Any private person who
49       shall provide any information leading to the apprehension, prosecution and conviction of any
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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 DENR. DA or the PCSD.
S;EC. SO. Strategic Lawsuit Against Public Participation in the Enforcement Of this Act. ~ AL
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.
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11                     The hearing on the defense of a strategic lawsuit against public participation shall be
12      summary in nature. The affimative defense shall be resolved within thirty (30) days after the
13       summary hearing. If the court dismisses the action, the court may avyard damages, attomey's
14       fees. and costs of suit under a counterclaim if such has been filed. The dismissal shall be with
prejudice.
17                     If the court rejects the defense of a strategic lawsuit against public participation, 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.
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21                     The Rules of procedure for Environmental cases shall govern the procedure in civil,
22      criminal, and special civil actions involving the enforcement or violations of this Act,
23       including actions treated as a strategic lawsuit against public participation as provided in this
24       section.
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CHAPTER VI
NISCHLLANEOUS PROVISIONS
SEC. 51. Wr7./d/r/e Mcr#crgrme77f F##d. -There is hereby established a Wildlife Management
Fund to be administered separately by the DENR, DA and PCSD as a special account in the
National Treasury. It shall finance rehabilitation restoration of habitats affected by acts
committed in violation of this Act and support scientific research, enforeement and
monitoring activities, procurement of vehicles, firearms and animunitions, as well as
enhancement of capabilities of relevant agencies.
The Fund shall be derived from administrative and criminal fines imposed, civil
liabilities and damages awarded, proceeds from allowable disposition of wildlife, wildlife by-
products and derivatives, fees, charges, donations, endowments, administrative fees or grants
in the form of contributions. Contributions to the Fund shall be exempt from donor's tax 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 the PCSD, as the case may be.
45      SEC. 52. ron Exemp/i.o#. -All grants, bequests, endowments, donations and contributions
46      which may be made to the DENR, DA, PCSD and to NGOs and people's organizations
47      engaged in wildlife conservation, protection and law enforcement duly registered with the
48      Securities and Exchange commission or the cooperative Development Authority, as certified
49      by the local government unit, the DENR, DA or pcsD, for the conservation and protection of
50      wildlife resources and their habitats shall be exempt from donor's tax and the same shall
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1       constitute as allowable deductions from gross income for purposes of computing the taxable
2      income of the donor in accordance with the provisions of the National Tntemal Revenue code
3       of l997,asamended.
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5      SEC. 53. Wj./dJz/a Jtescae ce#/er. -The DENR and DA secretaries shall establish or
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designate wildlife rescue centers which shall take temporary custody and care of all
confiscated, abandoned or donated wildlife to ensure their welfare and well-being. Such
wildlife rescue centers shall be staffed by permanent qualified personnel and shall also have
the necessary tools, machines, equipment and facilities consistent with the requirements of
animal health and welfare. The DENR and DA Secretaries shall formulate guidelines for the
disposition of wildlife from these rescue centers.
13      EEC. S4. Establishment of National wildlife Research centers. -The DENR andDA
14       Secretaries and pcsD shall establish national and local wildlife research centers for terrestrial
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and aquatic species that shall 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
have the necessary tools, machines, equipment and facilities to conduct forensic analyses and
other related capabilities for wildlife law enforcement. To further enrich scientific studies and
explorations in the area of wildlife protection and conservation, the DENR, DA, and PCSD
shall establish partnerships with experts from academic and research institutions and the
legitimate wildlife trade industry.
SEC. 55. A/c7grA7P fpec!.c^T. - 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 (Capnyc#cts ceb#e#s;.s), tamaraw (Bccba/#S mj.#c7oreusr.S), Philippine tarsier
(ra7.s'j.us ryri.c¢/a), or the Philippine teak tree (rccfo#c7pfor./jzxpz.7!eusj.S), which shall serve as
emblems of conservation for the lceal government concerned. The DENR or DA Secretary,
the PCSD, or their authorized representatives may provide guidelines on the selection of
flagship species.
32      SEC. 56. fJerj./age Trees. -In coordination with and assistance from the DENR or pcsD,
33       local government units shall declare or designate as heritage trees certain qualified endemic or
34      indigenous tree species within their territorial jurisdiction. The DENR or DA secretary or
35      PCSD or their authorized representatives may provide guidelines on the selection of heritage
36       trees.
37
•38      S;rflc. S]. Botanical Gardens, Zoological parks and other similar Establishments. -The
39      DENR or DA secretary shall regulate the establishment, operation and maintenance of
40      botanical gardens, zoological parks and other similar establishments for recreation, education,
41       and conservation.
42
43       SEC. 58. Regj.a/rcl/;.o# a/A4lwsewm specj.me#is. -Except for the National Museum, all other
44      museums and similar establishments displaying wildlife by-products and derivatives for
45      public viewing shall register said specimens with the DENR, DA or pcsD, as the case may
46       be.
47
48      S;EC. S9. Communication, Edrcation, Public Awiareness, and Irf ;ormation sharing. -The
49      DENR, DA, PCSD, and the office of special Envoy for Transnational crimes shall undertake
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wildlife information awareness and wildlife crime prevention activities with the assistance of
other national agencies and local government units. These agencies shall facilitate
information sharing with other national agencies and pertinent agencies of the ASEAN and
ASEAN member countries to further aid enforcement of the wildlife protection laws and
address and deter wildlife trafficking and illegal wildlife trade.
CHARTER VI
FINAL PROVISIONS
SEC. 60. ,4ppraprz.cr/I.our. -The Secretaries of the DENR, DA, and PCSD shall immediately
include in their Department's programs the implementation of this Act, the funding of which
shall be included in the annual General Appropriations Act.
SHC. 61. Jmp/eme#/r.ng Jtw/es cr#c7 Reg#/cz/i.o#s. -Within twelve (12) months following the
effectivity of this Act, the DENR and DA Secretaries shall jointly promulgate the rules and
regulations to implement 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.
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22      SBC. 62. jieporf /a Co#gress. -The DENR and DA secretaries and pcsD shall report to
23      Congress, not later than March 30 of every year following the approval of this Act, the
24      progress of efforts to conserve and protect philippine wildlife resources and make the
25       necessary recommendations in areas where there is need for legislative action.
26
27       SHC. 63Jo;.#/ Co#gress7.o73cr/ Oi;ersj.gfo/ Commj./fee. -There is hereby created a Joint
28      Congressional oversight committee to monitor and oversee the implementation of the
29      provisions of this Act. The committee shall be composed of six (6) members from the senate
30      and six (6) members from the House of Representatives with the chairpersons of the
31       Committees on Environment of the senate and the committee on Natural Resources of the
32      House of Representatives, respectively, as co-chairpersons of the Joint committee. The five
33      (5) other members from each chamber are to be designated by the senate president and the
34       Speaker of the House of Representatives, respectively. The minority party or bloc shall be
35      entitled topro rafo representation but shall have at least two (2) representatives from each
36       Chamber.
37
38      SEC. 64. Mcz7!daJory jtev!.ew. -The congressional oversight committee shall undertake the
39      mandatory review of this Act at least once every five (5) years after the effectivity of this Act,
40       orastheneedarises.
41
42       SEC. 65. Separab7.//ty c/crclse. -If any provision of this Act is declared unconstitutional or
43       invalid, other parts or provisions hereof not affected shall continue to be in full force and
44      effect.
45
46       SEC. 66. Repea/I.77g c/awse. -Republic Act No. 9147 is hereby repealed. All other laws,
47      decrees, executive orders, rules and regulations or parts thereof, which are inconsistent with
48      this Act, are hereby repealed, amended or modified accordingly.
49
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SEC. 67. Ejorecf;.vj.fy. -This Act shall take effect fifteen (15) days after its publication in the
OJ7j7}cJ.a/ Gcee//e or in a newspaper of general circulation.
Approved,
27