Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City

18" Congress
First Regular Session

HOUSE BILL NO. 0268

Introduced by Hon. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

Plant genetic resources for food and agriculture are any genetic material of
plant origin of actual or potential value for food and agriculture (International Treaty
‘on Plant Genetic Resources for Food and Agriculture, Food and Agriculture
Organization of the United Nations).

Plant genetic resources are fundamental building blocks for agriculture
development and production as they can carry important traits that can be utilized for
the breeding for new or improved plant varieties.

The government recognizes the importance of the conservation and
sustainable utilization of plant genetic resources for food and agriculture (PGRFA) to
enable the country to attain food self-sufficiency, adapt to climate change, and
address other threats to food security. In the Philippines, over 3000 plants are
utilized for food, feed, shelter, fiber, fuel, medicine, ornamentals and omaments. The
plant genetic resources (PGR) are important facet of our country's cultural heritage
Furthermore, an extensive number of plants are of significant cultural value to local
communities, as a symbol in religion, folklore, rituals and the arts.


On September 18, 2006, the Philippines acceded to the International Treaty
‘on Plant and Genetic Resources for Food and Agriculture (ITPGRFA or the Treaty),
an international agreement within the framework of the United Nations Food and
Agriculture Organization, with the objectives of conservation and sustainable use of
plant genetic resources (PGR) for food and agriculture and the fair and equitable
sharing of benefits arising out of their use, in harmony with the Convention on
Biological Diversity, for sustainable agriculture and food security.

The Treaty came into being as plant genetic resources is a common concern
of all countries, that is, all countries depend largely on plant genetic resources for
food and agriculture that originate elsewhere. This indicates that all countries are
dependent on other countries for plant genetic resources. Thus, there is no country
that is self - sufficient in plant genetic resources.

The Treaty formalizes a system of multilateral system of access to and benefit
sharing of plant genetic resources. Such access begins with plant genetic resources
identified in Annex | of the Treaty, the so-called Multilateral System (MLS) of
exchange. The importance therefore of this Treaty is that the Philippines as a Party,
can provide access to Annex 1 PGR it has sovereign rights over. At the same time,
Philippines can access Annex 1 plant genetic resources found in Contracting Parties
and not available in the country. The sharing of Annex 1 PGR is for the purpose of
utilization and conservation for research, breeding and training for food and
agriculture. In addition to the multilateral system, the Treaty establishes provisions
on farmers’ rights, conservation and sustainable use and ex-situ conservation. The
Treaty supports conservation of agricultural biological diversity which is important to
the Philippine agriculture.

As a Contracting Party, the Philippines needs to put into place a domestic
framework to implement the critical provisions on access and benefit sharing of the
country’s plant genetic resources, conservation and protection of, preservation of
PGR and agro-biodiversity including due recognition to Farmers’ Rights and
participation in the multilateral system.


Given the importance of this measure to the country’s agriculture
development, | propose the prioritization and immediate passage of this proposed
legislation.

SATO

lindoro



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" Congress
First Regular Session

HOUSE BILLNO. 0268

Introduced by Hon. Josephine Y. Ramirez Sato

AN ACT PROVIDING FOR THE COLLECTION, CHARACTERIZATION,
CONSERVATION, PROTECTION, SUSTAINABLE USE OF AND ACCESS TO
AND BENEFIT SHARING OF PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE, 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 “Plant Genetic Resources
Sustainable Use and Protection Act”

Section 2. Declaration of Policy. - It shall be the policy of State to (i) protect
and promote the right to health of the people which includes the right to food; (ii)
control and supervise the exploration, development and utilization of wildlife, flora
and fauna and other natural resources owned by the State and their habitats in

4


order to conserve, protect and encourage the sustainable its sustainable use to
enable the country to attain self-sufficiency, adapt to climate change, and address
threats to food security., and (iii) recognize that science and technology are
essential for national development and progress. In pursuit of this Policy, this Act
shall have the following objectives:

(a) Promote the survey, inventory, and database of plant genetic
resources for food and agriculture, taking into account the status and
degrees of variation in existing populations, including those that are of
potential use and, as feasible, assess any threats to them;

(b) promote the collection of plant genetic resources for food and
agriculture and relevant associated information on plant genetic
resources that are under threat or are of potential use;

(c) promote and support farmers’ and local and indigenous communities’
efforts to manage and conserve on-farm their plant genetic resources
for food and agri of agro-biodiversity;

(d) promote in situ conservation of all crops, including wild crop relatives
and wild plants for food production, and those in protected areas, by
supporting, among others, the efforts of local and indigenous
communities;

(e) promote the development of an efficient and sustainable system of ex
situ conservation and the development and transfer of appropriate
technologies for such with a view to improving the sustainable use of
plant genetic resources for food and agriculture;

(f) pursue fair agricultural policies that promote the development and
maintenance of diverse farming systems through national policies and
local ordinances that enhance the sustainable use of agricultural
biodiversity and other natural resources;

(g) implement a national research and development agenda, including
promoting farmer-led participatory research, which enhances and
conserves biological diversity by maximizing intra- and inter-specific
variation for the benefit of farmers, especially those who generate and
use their own varieties and enhances knowledge on ecological


principles in maintaining soil fertility and combating diseases, weeds,
and pests;

(h) promote plant breeding efforts, including participatory plant breeding,
which strengthen the capacity to develop varieties particularly adapted
to social, economic, and ecological conditions in the country, including
in marginal areas;

(i

broaden the genetic base of crops and increasing the range of genetic
diversity available to farmers for breeding and production purposes;
through among others, the promotion of a traditional system of seed
production available to farmers both for breeding and production
purposes
(j) promote the expanded use of locally adapted crops, varieties and
underutilized species;
(k) support the wider use of diversity of varieties and species in on-farm
management, conservation and sustainable use of crops and creating
strong links to plant breeding and agricultural development in order to
reduce crop vulnerability and genetic erosion, and promote increased
food production compatible with sustainable development; and
review and adjust breeding strategies and regulations concerning
variety release and distribution for the conservation and sustainable
use of plant genetic resources and towards enhancing efforts to
mainstream participatory plant breeding. Public research institutions
shall release genetic materials to small farmers for purposes of
participatory research.

(

(m) Facilitate access to plant genetic resources for food and agriculture
and promote benefit sharing arising from their utilization

CHAPTER 2
DEFINITION OF TERMS.

Section 3. Definition of Terms. As used in this Act, the term:


(a) “Convention” means the Convention on Biological Diversity.

(b) “Disclosure of country of origin” means the requirement that the
resource user declares, in all relevant applications for intellectual property rights or
for product development or marketing, the country from which the plant genetic
resources for food and agriculture came from.

(c) “Ex situ conservation" means the conservation of plant genetic
resources for food and agriculture outside their natural habitat.

(d) “Ex situ collection" means a collection of plant genetic resources for
food and agriculture maintained outside their natural habitat.

(e) “Genetic material” means any material of plant origin, including

reproductive and vegetative propagating material, containing functional units of
heredity.

(f) “In situ conservation” means the conservation of ecosystems and
natural habitats and the maintenance and recovery of viable populations of species
in their natural surroundings and, in the case of domesticated or cultivated plant
species, in the surroundings where they have developed their distinctive properties.

(ff) in-situ

In situ conservation (definition should consider the FAO and CBD definition}-in
situ conservation comprises two main methods of conservation (i) in situ
conservation in the strict sense, which involves conservation of wild genetic
resources for food and agriculture (PGRFA) in natural surroundings, and (ii)
on-farm conservation which can be understood as the conservation of mostly
cultivated PGRFA in the agro-ecosystems where they have evolved"

(g) “Indigenous _communities/indigenous cultural communities”. means
groups of people or homogenous societies identified by self-ascription and ascription
by others, who have continuously lived on, and occupied as, organized communities
communally bounded and defined territory under claims of ownership since time
immemorial; and possess customs, tradition and other distinctive cultural traits or

‘FAONITPGRFA 2012


who have, through resistance to political, social and cultural inroads of colonization,
non-indigenous religions and culture, have become historically differentiated from the
majority of Filipinos. The term includes peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country, at the time
of conquest or colonization, or at the time of inroads of non-indigenous religions and
cultures, or the establishment of present State boundaries, who retain some or all of
their own social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their
ancestral domains.

(h) | “ITPGRFA Governing Body” means all the contracting parties to the
International Treaty on Plant Genetic Resources for Food and Agriculture which,
among others, provide policy direction and guidance to monitor and adopt such

recommendations as may be necessary for the operation of the Multilateral System

(i) “Local communities” means the residents living within or immediately
adjacent to the areas where the plant genetic resources for food and agriculture
have been collected and, in the case of domesticated or cultivated plant species, the
surroundings where they have developed their distinctive properties

(j) “MLS crops", for purposes of this Order, means the crops notified by
the Philippines to the ITPGRFA for inclusion in the Multilateral System. The initial list
of these crops is shown in Annex 1.

(k) “Multilateral System” means the Multilateral System of Access and
Benefits Sharing established under the International Treaty on Plant Genetic
Resources for Food and Agriculture for the complementary and mutually-reinforcing
purposes of facilitating access to plant genetic resources for food and agriculture and
sharing, in a fair and equitable manner, the benefits arising from the utilization of
these resources.

() “Plant genetic resources for food and agriculture” means any genetic
material of plant origin of actual or potential value for food and agriculture.

(m) “Public domain” means the absence of any intellectual property rights,
ancestral domain rights, or other rights that limit access to the plant genetic
resources for food and agriculture.


(n) “Secretary” means the Secretary of the Department of Agriculture.

(0) “Small farmers” means natural persons dependent on small-scale
subsistence farming as their primary source of income and whose sale, barter or
‘exchange of agricultural products do not exceed a gross value of one hundred eighty
thousand pesos (P180,000) per annum based on 1992 constant prices or such
amount adjusted to inflation, devaluation and consumer price index, as provided in
Republic Act No. 7607, otherwise known as the “Magna Carta of Small Farmers’.

(p) “Standard Material Transfer Agreement” means the written agreement
that grants a national of the Philippines or any Contracting Party to the Treaty access
to genetic materials of MLS crops under the terms and conditions adopted by the
ITPGRFA Governing Body at its first session in July 2006.

(q) “Sustainable use” means the use of plant genetic resources for food
and agriculture in a way and at a rate that does not lead to their long-term decline,
thereby maintaining its potential to meet the needs and aspirations of present and
future generations.

(r) “Traditional knowledge” means knowledge, innovations and practices
of indigenous cultural communities and local communities embodying traditional

lifestyles relevant to the conservation and sustainable use of plant genetic resources
for food and agriculture.

(s) “Treaty” means the International Treaty on Plant Genetic Resources for
Food and Agriculture, which was adopted by the Thirty-First session of the United
Nations Food and Agriculture Organization Conference on November 3, 2001 and
entered into force on June 29, 2004.

(t) “Treaty Trust Fund” means the Trust Account established by the
ITPGRFA Governing Body for receiving and utilizing financial resources for purposes
of implementing the Treaty.

(u) “Variety” means a plant grouping, within a single botanical taxon of the
lowest known rank, defined by the reproducible expression of its distinguishing and
other genetic characteristics.


CHAPTER 3
SCOPE

Section 4. Scope - The provisions of this Act covers all plant genetic
resources for food and agriculture (PGRFA) found in the country without
prejudice to the respective mandates and jurisdiction of various government
agencies involved in the regulation, management and use, among others, as
defined by existing laws, such as those in protected areas under Republic Act
No. 7586, otherwise known as the National Integrated Protected Areas
System Act, in critical habitats,{ and Republic Act 9147 otherwise known as
the Wildlife Resources Conservation and Protection Act.} This Act shall also
apply to traditional knowledge associated with plant genetic resources for food
and agriculture within the scope of the Convention on Biological Diversity and
to the benefits arising from the utilization of such knowledge.

This Act also incorporates the domestic framework for the International
Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) to
which the Philippines acceded to in September 2006.

Chapter 4
INSTITUTIONAL FRAMEWORK FOR THE
CONSERVATION AND PROTECTION OF PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE

Section 5. Creation of a Plant Genetic Resources for Food and Agriculture
Policy Coordination Board - There is hereby created a Plant Genetic Resources
Policy Coordination Board, hereinafter referred to as the Board, with the following

powers and functions:


(a) Establish the policies and procedures for coordination among agencies
with a mandate on the protection, conservation and sustainable use of
and decision-making for plant genetic resources for food and agriculture ;

(b) Coordinate the performance and implementation of the mandates of the
Department of Agriculture and its various units and bureaus, Institute of
Plant Breeding of the University of the Philippines at Los Banos,
Department of Environment and Natural Resources, Department of
Science and Technology, Philippine Coconut Authority, National
Commission on Indigenous Peoples, State Colleges and Universities, on
plant genetic resources conservation, protection and sustainable use.

(c) For the International Treaty on Plant Genetic Resources for Food and
Agriculture, encourage and monitor compliance by government agencies,
whether national or local, public research institutions, and government-
owned and controlled corporations with the obligations under the
Multilateral systems of exchange

(d) Regularly submit reports to the Congress Committees on Agriculture and
food, and environment

(e) Accept grants and donations from local and international sources

Section 6. Organization - Within thirty days from the effectivity of this Act, the
Secretaries of the DA, the DENR, DOST shall organize the Board in accordance with
the following rules:

(a) The Board shall be chaired by the DA Secretary and co-chaired by the
Director of the Institute of Plant Breeding of the University of the Philippines.
The members of the Board shall be the Heads of the DOST-PCARRD, NCIP,
DENR, and three regional representatives from State Colleges and
Universities.

(b) The Board shall be assisted by administrative and technical secretariat at the
DA.

(c) Within twelve months from the effectivity of this Act, the Board shall submit a
manual of operations containing the rules for the conduct of meetings and

decision-making.
uu


Section 7. National Competent Authority and Focal Point. - The Department
of Agriculture is hereby designated as the national competent authority and national
focal point for purposes of the ITPGRFA.

As the national competent authority, the Department of Agriculture shall
establish a registry of material transfer agreements and act as repository of
information relating to plant genetic resources for food and agriculture. It shall
survey, and within one year from the effectivity of this Act, establish a databank of,
plant genetic resources for food and agriculture found in the country, taking into
account the status and degree of variation in existing populations, including those
that are of potential use and, as feasible, assess any threats to them.

As national focal point of the Treaty, it shall act as Clearing House for
purposes of communicating and coordinating with the United Nations Food and
Agriculture Organization on matters relating to the Treaty, including but not limited to
the notification of collections for their inclusion in the Multilateral System following
the conditions set forth in this Order. All communications to the ITPGRFA Governing
Body shall be coursed through the Department of Agriculture.

Chapter 5
ACCESS TO PLANT GENETIC RESOURCESFOR
FOOD AND AGRICULTURE

Section 8. Access to Plant Genetic Resources for Food and Agriculture. —
Access to plant genetic resources for food and agriculture found anywhere in the
Philippines, including plants acquired by purchase, barter or donation if they are
used for their genetic materials, shall be allowed only upon compliance with relevant
bioprospecting laws and regulations’, which require, inter alia, that free prior
informed consent be obtained by the resource user from the concerned indigenous
cultural communities under Republic Act No. 8371and its Implementing Rules and
2 Joint DENR-DA-PCSD-NCIP Administrative Order no.1, “Guidelines for Bioprospecting Activities in
the Philippines,” pursuant to E.0. 247 , RA 9147 (Wildlife Act), RA. 8371 (IPRA), RA 7586 (NIPAS),

RA7160 Local Govt Code), RA 7611 (SEP for Palawan), RA 8550 (Fisheries Code),RA 7308 (Seed
Act), RA 8423 (Traditional Medicine Act), and other relevant laws.


Regulations, local communities, management board under Republic Act No. 7586, or
private individual or entity; and, if the applicant is a foreign entity or individual, the
active involvement by a local institution in the research, collection and, whenever
applicable and appropriate, in the technological development of the products derived
from the biological and genetic resources.

Section 9. Local Access to Genetic Materials. - The Department of Agriculture
shall support and encourage the access and exchange of genetic materials through
community seed networks, community seed banks, and government research and
extension institutions. In consultation with relevant government agencies, farmers’
organizations, civil society organizations, and other stakeholders it shall establish
polices and implement programs for this purpose within one year from the effectivity
of this Order.

Chapter 6
ACCESS TO CROPS UNDER THE MULTILATERAL SYSTEM OF EXCHANGE
UNDER THE INTERNATIONAL TREATY
ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE

Section 10. Crops in the Multilateral System of the International Treaty on
Plant Genetic Resources for Food and Agriculture (ITPGRFA). — All plant genetic
resources for food and agriculture except those under regulation, management and
use among others as defined by existing laws, such as those plant genetic resources
in protected areas under Republic Act No. 7586, otherwise known as the National
Integrated Protected Areas System Act in critical habitats and Republic Act 9147,
otherwise known as the Wildlife Resources Conservation and Protection Act and
which are:

(i) included in Annex 4 of the ITPGRFA;

(ji) found in the country;

(iii) under the management and control of any government agency, whether
national or local, or any government-owned or controlled corporation;

(iv) in the public domain; and


(v) have been notified by the Department of Agriculture to the ITPGRFA for
inclusion in Annex 1 of the Treaty, shall be considered as MLS crops.

Plant genetic resources for food and agriculture included in Annex 1 of the
ITPGRFA which are held by natural or juridical persons, other than the government,
and which have been voluntarily included by such persons in the Multilateral System
shall also be considered as MLS crops.

The Department of Agriculture, prior to notifying the ITPGRFA regarding the
inclusion of any crop in the Multilateral System, shall consult with the relevant
stakeholders, including small farmers, local communities, indigenous communities,
and local scientists and researchers. In order to ensure meaningful participation by
these stakeholders, the Department of Agriculture shall take steps to ensure
transparency of the process and provide them with relevant and timely information.

The Secretary shall invite all other holders of plant genetic resources for food
and agriculture listed in Annex 1 of the Treaty to include them in the Multilateral
System.

The foregoing classification of crops included under MLS shall be without
prejudice to the existing jurisdiction provided under existing laws and the DA as the
lead agency in the implementation of this EO shall ensure the coordination with such
agencies in implementing this provision.

Section 11. Facilitated Access. - Any person who is: (i) a national of the
Philippines; or (ii) a national of another country which is a Contracting Party of the
Treaty and which grants the same privileges to Filipino citizens shall be entitled to
access MLS crops found in ex situ collections in the Philippines upon signing of a
Standard Material Transfer Agreement with the natural or juridical person which
administers the ex situ collection or with the Department of Agriculture for plant
genetic resources for food and agriculture in in situ conditions and are in the public
domain. The Standard Material Transfer Agreement shall contain the following
conditions:

(a) access shall be provided solely for the purpose of utilization and
conservation for research, breeding and training for food and


(b)

(c)

(d)

(e)

U)

agriculture, provided that such purpose does not include
chemical, pharmaceutical or other non-food/non-feed industrial
uses.

payment of a minimal fee, in the amount to be determined by the
Secretary, to recover the cost of providing access, provided that
small farmers and indigenous communities shall be exempt from
payment of such fees;

recipient shall not claim any intellectual property or other rights
that limit the facilitated access to the plant genetic resources for
food and agriculture or their genetic parts or components in the
form received from the Multilateral System, including isolated
and purified deoxyribonucleic acid and ribonucleic acid
molecules for which a function has been defined;

plant genetic resources for food and agriculture for which
facilitated access has been granted and which have been
conserved shall continue to be made available to the Multilateral
System by the recipient under the terms of the Treaty;

recipient of the plant genetic resources for food and agriculture
shall require that the conditions of the Standard Material
Transfer Agreement shall apply to the transfer of plant genetic
resources for food and agriculture to another person or entity, as
well as to any of their subsequent transfers; and

in the event that the recipient commercializes a product that is,
or is derived from, a plant genetic resource for food and
agriculture and that incorporates material accessed from the
Multilateral System, the recipient shall pay to the Treaty Trust
Fund an equitable share of benefits arising from the
commercialization of such product, except when such a product
is made available without restriction to others for further
research and breeding.

The Standard Material Transfer Agreement shall be as shown in Annex 2.
The Secretary, in consultation with holders of MLS crops, small farmers and

15


indigenous peoples, shall establish a simplified system of access for small farmers
and indigenous peoples, including providing access through local government units
and farmers’ organizations or nongovernmental organizations acting on behalf of
small farmers or indigenous peoples duly registered with the Bureau of Plant
Industry.

The party transferring the genetic material shall furnish the Department of
Agriculture a copy of the duly executed Standard Material Transfer Agreement.

Section 12. Non-Facilitated Access. The transfer of: (i) genetic materials of
MLS crops to nationals of non-Parties to the Treaty; (ii) genetic materials of MLS.
crops to nationals of Parties to the Treaty which do not grant the same privileges to
citizens of the Philippines; (iii) genetic materials of MLS crops for the purpose other
than utilization and conservation for research, breeding and training for food and
agriculture (e.g., chemical, pharmaceutical and/or other non-food/feed industrial
uses) or (iv) genetic materials of any crop that is not part of the Multilateral System

shall be allowed only upon compliance with all requirements of Republic Act No.
9147.

Chapter 7
FARMERS' RIGHTS

Section 13. Farmers’ Rights. - The Farmers’ Rights include inter alia

(a) respect, promotion and protection of traditional knowledge and
indigenous knowledge systems in relation to plant genetic resources for
food and agriculture against misappropriation or extinction. The
government shall support and promote local seed systems, including
farmer-bred or discovered and developed, varieties and traditional
varieties;

(b) the right to equitably participate in sharing benefits arising from the
utilization of plant genetic resources for food and agriculture;

(c) the right to be informed and participate in making decisions, at the

national level, on matters related to the conservation and sustainable

16


use, development and protection of plant genetic resources for food and
agriculture; and

(d) the right to save, use, exchange, improve and sell farm-saved seeds or
propagating material.

The Department of Agriculture, with the participation of relevant government
agencies, farmers’ organizations and other stakeholders encourage a further review
of laws, policies, rules and, regulations relating to plant genetic resources, including
seed regulations, to determine if they are consistent with Farmers’ Rights and
recommend such actions as may be needed to amend or modify them. The review
shall include recommendations on how to address violations of Farmers’ Rights,
including the imposition of penalties.

The Secretary, in consultation with relevant government agencies, farmers’
organizations, civil society organizations and others stakeholders, shall establish
programs to protect and promote Farmers’ Rights and community intellectual rights

over plant genetic resources for food and agriculture, particularly those of small
farmers.

CHAPTER 8
TECHNOLOGY TRANSFER, DISCLOSURES AND
BENEFIT-SHARING FUND.

Section 14. Technology Transfer and Development.- The Department of
Agriculture, in cooperation with other relevant agencies, shall take appropriate
measures to encourage technology development with, and transfer of appropriate
technology to, small farmers and their organizations for the collection,
characterization, conservation, protection and sustainable use of plant genetic
resources for food and agriculture.

Section 15. Disclosure of Country of Origin. — Any applicant for plant variety
protection or for product development or marketing shall disclose in his application

the country of origin of any plant genetic resource for food and agriculture or its
17


genetic parts or components, including isolated and purified deoxyribonucleic acid
molecules for which a function has been defined, which is subject of his application.

Section 16. Prohibition Against Patenting. - No patent shall be granted to any
plant genetic resource for food and agriculture, including its genetic parts or
components regardless of their form.

Section 17. Benefits-Sharing Fund. — A Benefit-Sharing Fund is hereby
established for the purpose, among others, of receiving grants and other
contributions from the ITPGRFA Governing Body and other donors in order to
support initiatives of local communities, indigenous communities, and small farmers,
in the conservation and sustainable use of plant genetic resources for food and
agriculture.

Section 18. Information and Education Campaign. - The Department of
Agriculture, through the Bureau of Plant Industry, shall collaborate with the
Provincial Agriculture Officers and Municipal Agriculture Officers in educating and
disseminating up-to-date information to the various stakeholders in the country,
particularly the holders of plants genetic resources for food and agriculture, local
scientists, small farmers, and indigenous communities, on the collection,
characterization, conservation, protection, and sustainable use of plant genetic
resources for food and agriculture.

Chapter 9
VIOLATIONS AND PENALTIES

Section 19. Unreasonable Refusal to Allow Facilitated Access. — Any
government officer or employee who unreasonably refuses to allow facilitated access
to any qualified applicant to any MLS crop or information thereof despite the
willingness of the applicant to abide by the terms and conditions of the Standard
Material Transfer Agreement stated in Annex 2 shall be subject to administrative
sanctions, including dismissal from civil service, and/or a fine of One Hundred
Thousand Pesos (P100,000.00).


Section 20. Unauthorized Collection and Transport of MLS Crops. — Any
person who collects and transports outside the country any MLS crop without the
requisite Standard Material Transfer Agreement or Material Transfer Agreement, or
abuses the rights granted to him under any such agreements, shall be penalized in
accordance with Section 28 of Republic Act No. 9147, otherwise known as Wildlife
Resources Conservation and Protection Act.

Section 21. Unauthorized Collection and Transport of Non-MLSCrops. - Any
person who collects and transports outside the country any plant genetic resources
for food agriculture that is not part of the Multilateral System in violation of Republic
Act No. 9147 shall be proceeded against in accordance with such law.

CHAPTER X
MISCELLANEOUS PROVISIONS

Section 22. Implementing Rules and Regulations. — Within six months from
the effectivity of this Act, the Secretary of Agriculture, in consultation with the
Department of Science and Technology, Department of Environment and Natural
Resources, National Commission on Indigenous Peoples and other relevant
government agencies, non-governmental organizations, farmers organizations,
public and private entities with ex situ collections, public research institutions, and
other stakeholders, shall promulgate the rules and regulations for the effective
implementation of this Act.

Section 23. International Commitments. - The commitments of the Philippine
government to the UN Convention on Biological Diversity, inclusive of all relevant
agreements derived therefrom, and the International Treaty on Plant Genetic
Resources for Food and Agriculture under the United Nations Food and Agriculture

Organization shall likewise be a consideration in the implementation of this Order.

Section 24. Appropriations. — The amount necessary to implement the
provisions of this Act shall be charged against the appropriations of the Department
19


of Agriculture in the current General Appropriations Act. Thereafter, such sums as
may be necessary to fully implement the provisions of this Act shall be included in
the annual General Appropriations Act.

Section 25. Separability. - 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.

Section 26. Repealing Clause. — All Acts, executive issuances, and rules and
regulations inconsistent with the provisions of this Act are hereby repealed, amended
or modified, accordingly.

Section 27. Effectivity. — This Act shall take effect fifteen (15) days after
publication in the Official Gazette or two newspapers of general circulation.

Approved,

20