Republic of the Philippines

HOUSE OF REPRESENTATIVES J, ot Oe aE)
Quezon City a “aD
{> RECEIVED

SEVENTEENTH CONGRESS 2 are; LO, AUG 2017

‘Second Regular Session

House Bit No, 6182

Introduced by Representatives John Marvin “Yul Servo” Nieto, Edward Vera Perez Maceda, Dale
“Along” Malapitan, and Eric Martinez

EXPLANATORY NOTE
‘The 1987 Constitution Article Il, Section 16 provides that:
“The State shall protect and promote the right to health of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.”
Towards this end, itis our objective to conserve and protect wildlife species and their halvian promote

ecological balance and enhance biological diversity.

The protection of the environment is also a concem of international law. Under the Stockholm Declaration of
1972, Principle 2, the natural resources of the earth, including the air, water, land, flora and fauna, and

This bill seeks to prohibit the trade and export of wildlife whether fish or plant of whatever species dead or
alive, belonging to either endangered or threatened species. The definition of terms under sence of the
proposed bill was borrowed from the United States Endangered Species Act of 1973

Tris Bill will close the doors to those individuals or groups who are engaged in trade or export of wildlife or
whatever species, whether dead or alive

Hence, the appro\ is earnestly needed

“Vo Servo” Nieto simul Perez Maceda

1. 3 istrict of Manila Congressi District of Manila

Dale “Along” Maliprtan ic Martinez
Congressman, 1" District of Cal Congres . 2™ District of Valenzuela City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bifi NB182

eee

Introduced by Representatives John Marvin “Yul Servo” Nieto, Edward Vera Perez Maceda, Dale
“Along” Malapitan, and Eric Martinez

See

AN ACT
TO ABSOLUTELY PROHIBIT THE TRADE OR EXPORT OF WILDLIFE, BOTH FLORA AND
FAUNA OF WHATEVER SPECIES, WHETHER DEAD OR ALIVE, PROVIDING PENALTY
THEREFORE AND FOR OTHER PURPOSES

‘Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Declaration of Policy. It is hereby declared the policy ofthe State to conserve, improve and
Protect its natural resources and environment and take steps to conserve endangered and threetened valdlifa
species, both flora and fauna.
SEC. 2. Definition of Terms. For purposes of this Act, the terms:

(@) Endangered species - means any specie which is in danger of extinction in the Philippines,

(b) Threatened species ~ means any specie which is likely to become an endangered species
within the foreseeable future in the Philippines;

(©) Fish or wildlife “means any member ofthe animal kingdom, including but not limited to, any
mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate
and includes any pork, product, egg or offspring thereof, or the dead body or any parts
thereof,

(4) Plant — means any member of the plant kingdom, including seeds, roots and other parts
thereof,

(©) Species means any species, subspecies of fish or wildlife or plant or geographically separate
population thereof,

(Convention - means the Convention on International Trade in Endangered Species in wild
Fauna and Flora and the appendices thereto, of which the Philippines is a signatory.

(8) _Trade—means the export or reexport of any species of fish or wildlife or plant;
(th) __Reexport— means the export of any specimen that has previously been imported and
(Specimen — any wildlife, animal or plant, whether dead or alive


* SEC. 3. Prohibition. The trade or export or reexport of fish or wildlife plant or whatever specie, dead or
alive, belonging either to the endangered or threatened species as contained in the appendices of the
Convention, as defined in this Act, is absolutely prohibited. Unless they carry with them a validly acquired
reexport permit as provided in Republic Act 9147.

SEC. 4. Presumption of Violations. The presence of any specimen mentioned in Section 3 hereof inside
Piers or airports for international travel or in the possession of one who is going out of the Philippines is
‘considered a prima facie violation of this Act

SEC. 5, Penalty. Any person who violates the provisions of this Act shall be punished with a fine of not less
than Twenty Thousand Pesos (P20,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or
imprisonment of not less than six (6) years but not more than ten (10) years, or both at the discretion of the
Court. If a juridical person, the president, the manager commit the offense, and the official in charge with the
business operation shall likewise suffer the penalty herein provided,

SEC, 6, Repealing Clause. Any law, presidential decree, or issuance, executive order, letter of instruction,
rules or regulation inconsistent with this Act is hereby repealed or modified accordingly.

SEC. 7. Effectivity. This Act shall take effect in fifteen (15) days after its complete publication in a
newspaper of general circulation.

Approved,