NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No. 2 3 95

EXPLANATORY NOTE

This bill was filed during the 18" Congress and was approved by the House of
Representatives.

The Philippines has a very diverse variety of wildlife. We have famous species like
the Philippine Eagle, the Tamaraw and the Philippine Tarsier.

According to the Biodiversity Management Bureau, the Philippines has about 133
terrestrial mammals, 230 birds, 244 reptiles and 97 amphibian species occurring nowhere
else in the world. We also have over 120 fishes that can be found only in Philippine inland
and marine waters.

We have to ensure that the country's flora and fauna, as well as the ecosystems
where they live, are protected from threats including habitat destruction and fragmentation;
coverexploitation; poaching and hunting; pollution; climate change; and culling.

At present, we have Republic Act No. 9147, or the “Wildlife Resources Conservation
and Protection Act" which was passed in 2001. We need to improve and strengthen this law
to meet the demands and problems we have today. This will ensure that our environment
will be protected not only for us but for future generations as well

In view of the foregoing, the immediate passage of this bill is earnestly requested.

RUFYS B. RODRIGUEZ

ee? RE. SEyS

ay


NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No.

AN ACT
PROVIDING STRONGER MEASURES FOR THE CONSERVATION AND PROTECTION
OF WILDLIFE RESOURCES AND THEIR HABITATS, REPEALING FOR THIS PURPOSE
REPUBLIC ACT NO. 9147 OR THE “WILDLIFE RESOURCES CONSERVATION AND
PROTECTION ACT,” AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Title - This Act shall be known as the “Revised Wildlife Resources
Conservation and Protection Act’.

SEC. 2. Declaration of Policy. — It shall be the policy of the State to conserve and protect
the country's wildlife resources and their habitats for sustainability and to promote ecological
balance, enhance biological diversity, and ensure the provision of ecosystem services. In the
pursuit of this policy, this Act shall have the following objectives:
(a) to regulate the collection, possession, use, and trade of wildlife, wildlife by-
products and derivatives;
(b) to pursue, with due regard to the national interest, Philippine commitments to
international conventions, treaties, and agreements on the protection of wildlife and
their habitats, and on the fair and equitable sharing of the benefits from the lawful
utilization of wildlife genetic resources.
() to initiate or support scientific studies on the conservation of biological diversity
and sustainable utilization of wildlife resources;
(d) to promote full awareness and widest dissemination of policies on wildlife
conservation and protection; and
() to strengthen the global effort to eradicate the transnational organized crime of
wildlife trade and trafficking.

SEC. 3. Scope of Application. — This Act applies to all wildlife species found in all areas of
the country, including exotic species which are subject to trade, are bred or cultured, in
captivity or propagated in the country.

SEC. 4. Jurisdiction of the Department of Environment and Natural Resources
(DENR), the Department of Agriculture (DA), and the Palawan Council for Sustainable
Development (PCSD). - The DENR shall have jurisdiction over all terrestrial plant and
animal species including turtles and tortoises, wetland species, including crocodiles,
waterbirds and all amphibians and the Dugong Dugon or Dugong. The DA shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources including all
fishes, aquatic plants, invertebrates and all marine mammals, except the Dugong. The
Secretaries of the DENR and the DA shall review and, by joint administrative order, revise
and regularly update the list of species under their respective jurisdictions and make the list
readily available to all concerned government agencies and local government units. In the
Province of Palawan, jurisdiction herein conferred is vested on the PCSD pursuant to
Republic Act No. 7611, otherwise known as the “Strategic Environmental Plan (SEP) for


Palawan Act”.

SEC. 5. Definition of Terms. — As used in the Act

(a) Biological diversity or biodiversity 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 of ecosystems;

(b) Biological resources refer to genetic resources, organisms or parts thereof,
populations or any other biotic component of ecosystems with actual or potential use or
value for humanity, including all biological specimen such as plants, seeds, tissues and
other propagation materials, animals, live or preserved, whether whole or in part;

(©) Bioprospecting 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) Biosafety refers to the need to protect human, plant, and animal health or life and
the environment from the adverse effects of the products of modern biotechnology;

(e) Botanical garden refers to a controlled and staffed institution where a collection of
wild flora is maintained for recreational, educational, research, conservation and scientific
purposes;

By-product and derivative refers to any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
‘specimens;

(g) Captive-breeding, culture, or propagation 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;

() Certificate of Introduction from the Sea refers to a document issued by the
Bureau of Fisheries and Aquatic Resources for the introduction from the sea of wildlife
species taken from marine environments outside the jurisdiction of any State;

() Collection or collecting refers to the act of taking, gathering or harvesting wildlife,
wildlife by-products, or derivatives;

(k) Conservation refers to the preservation and sustainable utilization of wildlife, or
maintenance, restoration, and enhancement of the habitat;

() Critical habitat 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 known 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;

(m) Critically endangered species refers to a species or subspecies that is facing
extremely high risk of extinction in the wild;

(n) Domesticated refers to any plant or animal listed by the relevant authorities
easily propagated and altered or selected for desirable characteristics and preferences for
domestic use;

(0) Genetic material refers to any material of plant, animal, microbial or other
origin containing functional units of heredity;

(p) Genetic resources refer to genetic material of actual or potential value;

(q) Gratuitous permit refers to the permit issued to any person to collect wildlife
for non-commercial scientific, or educational undertaking;

(9) Habitat refers to the place or environment where species or subspecies
naturally occur or have naturally established its population;

(8) Import permit refers to a permit authorizing a person to bring in wildlife,
wildlife by-products and derivatives from another country;

(t) Indigenous wildlife refers to species or subspecies of wildlife naturally
occurring or have a naturally established population in the country;


(u) Introduction refers to the bringing of species into the wild or outside its natural
habitat;

(v) Introduction from the 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) Invasive alien species or IAS refer to species whose introduction or
proliferation outside their natural past or present distribution threatens biological diversity;

(x) Local transport permit refers to a permit authorizing a person to bring wildlife
from one place to another within the territorial jurisdiction of the Philippines;

(y) Maltreatment 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;

(2) Near threatened species refers to a 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) Other wildlife species refer to all other wildlife species not classified as
threatened or near-threatened;

(bb) Person refers to a natural or juridical person;

(cc) Possession 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) — Re-export permit refers to a permit authorizing a person to bring out of the
country previously imported wildlife, wildlife by-products and derivatives thereof;

(ee) Shipper refers to a person that sends or transports goods by sea, land, or air;

(f) Special Local Transport Permit 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;

(99) Threatened species refers to species or subspecies considered as critically
endangered, endangered, vulnerable, or other accepted categories of wildlife which is at risk
of extinction;

(hh) Trade refers to the act of engaging in the exchange, exportation or
importation, purchase or sale of wildlife, wildlife by-products and derivatives, locally or
internationally;

(i) Traditional use 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;

(i) Vulnerable species 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) Wildlife 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;

(Wi) Wildlife collector's permit 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;

(mm) Wildlife farm culture permit refers to a permit to develop, operate and
maintain a wildlife breeding farm for conservation, trade or scientific purposes;

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

(00) Wildlife laundering 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) Wildlife rescue center refers to a government established or designated


repository of confiscated, donated, retrieved, or tumed-over wildlife or an establishment
where sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to the
release to their natural habitat or implementation of other modes of disposition as may be
authorized by the DENR, DA, or the PCSD;

(aq) Wildlife registration 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;

(mt) Wildlife Special Use Permit 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) _ Zoological Park or Zoo refers to an establishment where a collection of wild
fauna is maintained for recreational, educational, research, conservation, or scientific
purposes.

CHAPTER Ii
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE|
General Provisions

SEC. 6. Wildlife Information. — All activities described in this Chapter, shall be authorized
by the DENR, DA or PCSD upon proper evaluation of best available information or scientific
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

The DENR, DA and PCSD shall establish their respective National Wildlife
Management Committee (NWMC) to provide technical and scientific advice on wildlife
conservation and protection. Each NWMC shall be composed of representatives from the
DENR, DA or PCSD, other concerned government agencies, and local scientists with
expertise on various fields of discipline on wildlife. The NWMC shall invite other stakeholders
as resource persons and other experts, when necessary. The DENR, DA or PCSD shall act
as Chairperson of their respective NWMC.

The DENR and DA shall establish a Regional Wildlife Management Committee
(RWMC) in every administrative region to provide technical and scientific advice on wildlife
conservation and protection to DENR and DA field offices.

SEC. 7. Biosafety ~ All activities dealing with genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation, introduction, field
release and breeding of organisms shall be reviewed by the DENR, DA-BFAR or PCSD in
accordance with the biosafety guidelines designed to ensure public welfare and the
protection and conservation of wildlife and their habitats.

SEC. 8. Economically Important Species. - The DENR, DA, and PCSD shall establish a
list of economically-important species. Where appropriate, a population assessment of such
species shall be conducted within a reasonable period and shall be regularly reviewed and
updated.

The collection of certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the population of such species
can still remain viable and capable of recovering its numbers. For this purpose, the DENR,
DA, and PCSD shall establish a schedule and volume of allowable harvests.

Whenever an economically important species becomes threatened, any form of
collection thereof shall be prohibited except for scientific, educational or breeding or
propagation purposes, pursuant to the provisions of this Act.


SEC. 9. Invasive Alien Species. - The DENR, DA and PCSD shall manage invasive alien
species (IAS) and formulate a National Invasive Alien Species Strategy and Action Plan
(NISSAP) on the prevention, detection, eradication, contro! of, and rehabilitation from
invasive alien species, particularly those having the greatest impact on the environment,
biodiversity, human health and livelihoods. Within one (1) year after the effectivity of this Act,
the DENR, DA, and the PCSD, shall jointly establish the list of invasive and potentially
invasive alien species.

The list of IAS and the NISSAP shall be periodically reviewed, updated and copies of
the same shall be made readily available to concerned government agencies and local
government units. All national government agencies and local goverment units shall
coordinate with the DENR, DA and PSCD in the implementation and localization of the
strategy and action plan.

SEC. 10. Designation of Management and Scientific Authorities for International Trade
in Endangered Species of Wild Fauna and Flora. - The Biodiversity Management Bureau
(BMB) of the DENR shall be the management authority in the implementation of international
agreements on international trade in endangered species of wild fauna and flora and
terrestrial resources, while the Bureau of Fisheries and Aquatic Resources (BFAR) of the
DA shall be the authority with respect to aquatic resources Finally, pursuant to Republic Act
No. 7611, the Palawan Council for Sustainable Development, shall manage the
implementation of international agreements on international trade endangered species of
wild fauna and flora, terrestrial resources and aquatic resources in the province of Palawan.

Scientific authorities shall provide advice to these management authorities. The
scientific authorities for the terrestrial species are the Ecosystems Research and
Development Bureau (ERDB) of the DENR, the University of the Philippines (U.P.) Institute
of Biological Sciences, U.P. Institute of Biology and the National Museum, and other
agencies as may be designated by the 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 I
Permissible Activities

SEC. 11. Collection of Wildlife. - 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;
collection of wildlife by indigenous peoples (IPs) in their ancestral land or domain
may be allowed for traditional use and not primarily for profit;
the collection of wildlife resources by IPs must be undertaken in accordance with
the guidelines established by the Secretary of Agriculture: Provided, That the
collection of threatened wildlife shall be governed by Section 21 of this Act.

b)

°)

SEC. 12. Possession of Wildlife. - No person or entity shall be allowed possession of
wildlife unless such person or entity can prove financial and technical capability, including
scientific knowledge, and possess the appropriate facility to maintain said wildlife: Provided,
That the wildlife was not obtained in violation of this Act or other laws.

SEC. 13. Collection or Possession of By-Products and Derivatives. — The collection or
possession of wildlife by-products and derivatives may be allowed: Provided, That the same


was not obtained in violation of this Act or other laws.

SEC. 14. Local Transport of Wildlife, By-Products and Derivatives. ~ Local transport of
wildlife, wildlife by-products and derivatives legally collected or possessed shall be
authorized by the concerned agency unless the same is prejudicial to the wildlife and public
health.

SEC. 15. Exportation or Importation of Wildlife, By-Products and Derivatives. —
Wildife, wildlife by-products and derivatives may be exported to or imported from another
country as may be authorized by the Secretaries of the DENR and DA and PCSD
chairperson, or their designated representatives, subject to strict compliance with the
provisions of this Act and the rules and regulations promulgated pursuant thereto: Provided,
That the recipient of live wildlife has the technical and financial capacity to maintain it. The
importation of invasive alien species shall not be allowed.

SEC. 16. Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wildlife. — The introduction, reintroduction, or restocking of endemic and indigenous wildlife
shall be allowed only for population enhancement or recovery purposes, subject to prior
clearance from the DENR or DA Secretary or the authorized representative pursuant to
Section 6 of this Act.

Any proposed introduction shall be subject to a scientific study which shall focus on
the bio-ecology and natural history as well as the conduct of public consultations with
concemed individuals or entities.

SEC. 17. Introduction of Exotic Wildlife. -No exotic species shall be introduced into the
country without clearance from the DENR, DA, or PCSD or their authorized representatives.
In no case shall exotic species be introduced into protected areas covered by R.A. No. 7586
and R.A. No. 11038 and to critical habitats under Section 27 hereof: Provided, That the
introduction of such exotic species shall not pose any adverse impacts on local ecology and
that further environmental impact study shall be undertaken which shall focus on the bio-
ecology, natural history, socioeconomic and related aspects of the area where the species
will be introduced. The proponent shall also be required to secure the free and prior
informed consent from concerned indigenous people (IP) communities as well as to conduct
Public consultations with local stakeholders.

SEC. 18. Bioprospecting. - 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.

Before any permit shall be granted by the DENR and DA Secretaries, and the PCSD
chairperson or their authorized representatives, the proponent shall secure the free, prior
and informed consent of the concerned indigenous cultural communities, local communities,
pursuant to pursuant to RA 8731 or the “indigenous Peoples’ Rights Act of 1997,” and of the
Protected Area Management Board under RAs 7586 and 11038, or from any affected
person. The applicant shall fully disclose the intent and scope of the bioprospecting activity
in a language and process understandable to the community.

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 wildlife biological and genetic resources. Upon submission of the
complete requirements, the DENR and DA Secretaries, and PCSD chairperson shall act on
the research proposal within a reasonable period of time.

SEC. 19. Scientific Researches on Wildlife. — Collection and utilization of biological
resources for scientific research, not for commercial purposes, shall be allowed upon


execution of an undertaking or agreement or the issuance of a gratuitous permit by the
DENR and DA Secretaries, or their authorized representative: Provided, That clearance from
concemed bodies shall be secured before the issuance of the gratuitous permit: Provided,
Further, That special conditions to facilitate the conduct of scientific research by Filipino
students may be provided by either of the DENR or DA Secretary, or the Chairperson of
the PCSD.

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.

SEC. 20. Commercial Breeding or Propagation of Wildlife Resources. - Breeding 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: Provided, That only
propagated flora, progenies of wild fauna raised, or specimens therefrom, 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 Wildlife, By-Products and Derivatives. - The
collection of threatened wildlife, as determined and listed pursuant to this Act, including its
by-products and derivatives, shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act. Only persons accredited by the DENR
Secretary, DA Secretary, or the PCSD Chairperson shall be allowed to collect for
conservation breeding or propagation purposes.

SEC. 22. Conservation Breeding or Propagation of Threatened Species. -
Conservation 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.

SEC. 23. Commercial Breeding or Propagation of Threatened Species ~ Commercial
breeding or propagation of threatened species may be allowed provided that the following
minimum requirements are met by the applicant:

(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
as the need arises.

ARTICLE Ill
Permits, Fees and Charges

SEC. 24. Issuance and Validity of Permits. - 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 three (3) to five (5) years;
(2) Wildlife collector's permit one (1) to three (3) years;
(3) Gratuitous permit one (1) to three (3) years;
(4) Local transport permit not more than three (3) months;
(6) Special Local Transport Permit not more than three (3 )

months;


(6) Wildlife Local Trade Permit one (1) year;

(7) Wildlife Special Use Permit one (1) to three (3) years;

(8) Export/mport/Re-export Permit ‘one (1) to six (6) months;

(9) Certificate of Introduction from the Sea _one (1) 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. Authority to Collect Fees and Charges. — The Secretaries of the DENR, and DA,
and the PCSD Chairperson are hereby authorized to impose and collect reasonable fees
and charges for the issuances of permits enumerated in the preceding section, as may be
determined upon consultation with the concemed 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: Provided, 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 borne by the applicant.

ARTICLE IV
Protection of Threatened Species

SEC. 26. Determination of Threatened Species. - 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 criteria, including the following:

(a) present or threatened destruction, modification or curtailment of its habitat or
range;

(b) over-utiization for commercial, recreational, scientific or educational purposes;
and

(©) other natural or man-made factors affecting the existence of wildlife.

‘The DENR and DA Secretaries, and the PCSD Chairperson shall accordingly review,
revise, and publish the list of categorized threatened wildlife within one (1) year after
effectivity of this Act. Thereafter, the list shall be updated regularly or as the need arises:
Provided, That a species listed as threatened shall not be removed therefrom within three
(3) years of its initial inclusion in the list.

The DENR Secretary, DA Secretary, or the PCSD shall accordingly evaluate the
status of the species that are the subject of a petition filed by any person seeking for the
addition or deletion of such species from the list and act on said petition based on the criteria
stated herein within a reasonable period of time.

SEC. 27. Registration of Threatened and Exotic Wildlife in the Possession of Private
Persons. - Threatened and exotic wildlife possessed without a Certificate of Wildlife
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: Provided, That the sale or disposition of the stock to
the applicant was duly reported to the DENR, DA or PCSD by the source; Provided, further,
That, the wildlife sold or disposed are limited to those allowable under Sections 20 and 23 of
this Act; and

(©) Progenies or offspring of duly registered parental wildlife stocks.

Possession of registered wildlife species shall be subject to the conditions under
Section 12 of this Act. When a registered threatened species is needed for breeding,
propagation or research purposes, the State may acquire the registered wildlife from any
Person through a mutually acceptable arrangement.

ARTICLE V
Critical Habitats

SEC. 28. Establishment of Critical Habitats. - 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 RA 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.

All designated critical habitats shall be protected, in coordination with the local
government units, indigenous peoples, and other concerned groups, from any form of
exploitation or destruction which may be detrimental to the survival of the threatened species
dependent therein. For such purpose, the DENR or DA Secretary, and PCSD chairperson
may acquire, by purchase, donation or expropriation, lands, or interests therein, including
the acquisition of usufruct, establishment of easements or other undertakings appropriate in
protecting the critical habitat

To complement these habitats, the DENR Secretary, DA Secretary, or the PCSD
chairperson may also identify for protection a geographically defined area other than a
protected area, which is governed and managed in ways that achieve positive and sustained
long-term outcomes for the in-situ conservation of biodiversity, with associated ecosystem
functions and services, and where, cultural, spiritual, socio-economic, and other locally
relevant values can be applied or observed.

CHAPTER Ill
WILDLIFE CRIMES

ARTICLE!
Mlegal Acts

SEC. 29. IIlegal Acts. — It is unlawful for any person to willfully and knowingly undertake, or
to induce, solicit, or employ another 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 wildife is afflicted with an incurable communicable disease;
(iil) 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 species;


(©) Effecting any of the following acts in critical habitats:
(dumping of waste products detrimental to wildlife and the critical habitat;
(ii) squatting or otherwise illegally occupying any portion of the critical habitat;
(ii) _ mineral exploration or extraction, treasure-hunting or prospecting;

(iv) burning;
(v) logging;
vi) quarrying.

(vil) land reclamation;

(vii) disturbing 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 of wildlife without the appropriate, valid permits, clearances,
agreements or certificates;

() 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.

SEC 30. Wildlife Trafficking. - When any of the violations of paragraphs (a), (e), (f), (i), and
() 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
activities of the organized criminal group in the knowledge that the participation will
contribute to the achievement of the above-described 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 I
Penalties

SEC. 31. Penalties for Violations of this Act. - 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) Reclusion temporal 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

a


pesos (P2,000,000.00), or both, if the illegal act involved critically
endangered species;

(b) Prision mayor or imprisonment of not less than six (6) years and one (1) 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
(P1,000,000.00), or both, if the illegal act involved endangered species;

(©) Prision correccional 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 vulnerable species;

(d) Prision correccional 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 (400,000.00), or both, if the illegal
act involved near threatened species; and

(e) Prision correccional 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 Two hundred thousand pesos (P200,000.00), or both, if the
illegal act involved other wildlife species.

For illegal acts under paragraph (b) of Sec 29 of this Act, the following penalties and
fines shall be imposed:

(a) Prision correccional in its maximum 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 One 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) Prision correccional 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 Four hundred thousand pesos (P400,000.00),
or both, if the illegal act involved endangered species;

(©) Prision correccional 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) Prision correccional 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 One hundred thousand pesos (P100,000.00), or both, if the
illegal act involved near threatened species; and

(€) e) Arresto mayor or imprisonment of not less than one (1) month and one (1)
day to six (6) months, or a fine of Ten thousand pesos (P10,000.00) to Forty
thousand pesos (P40,000.00), or both, if the illegal act involved other wildlife
species.

For illegal acts described under paragraphs (c) and (d) of Sec.29 of this Act, the
penalty involved is arresto mayor to prision mayor in its minimum period or imprisonment of
not less than one (1) month and one (1) day but not more than eight (8) years, or a fine of
not less than Ten thousand pesos (P10,000.00) but not more than Ten million pesos
(P10,000,000.00), or both, shall be imposed. If a critical habitat requires rehabilitation or
restoration as a result of the illegal act as determined by the Court, the offender shall be

12


additionally required to restore the same, whenever practicable, or pay additional
‘compensation for the damage caused.

For illegal acts described in paragraph (e) Sec. 29 of this Act, the following penalties
and fines shall be imposed:

(a) Prision correccional in its maximum 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) Prision correccional 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 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;

(©) Prision correccional 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 Two hundred thousand pesos (P200,000.00), or both, if the
illegal act involved vulnerable species;

(d) Arresto mayor 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 (P10,000.00) but not more than One hundred thousand pesos
(P100,000.00), or both, if the illegal act involved near threatened species; and

(e) Arresto menor 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, ifthe illegal act involved other wildlife species.

For illegal acts described under paragraphs (f) and (g) of Sec. 29 of this Act, the
following penalties and fines shall be imposed:

(a) Prision correccional 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) (b) Prision correccional 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
endangered species;

(©) Prision correccional 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 Two
hundred thousand pesos (P200,000.00), or both, if the illegal act involved
vulnerable species;

(d) Arresto mayor 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
(P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or
both, ifthe illegal act involved near threatened species; and

(e) Arresto menor 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 (P2,000.00) but not more than Ten thousand pesos
(P10,000.00), or both, if the illegal act involved other wildlife species: Provided,
That if the act was perpetuated through the means of inappropriate techniques

13


and devices, the maximum penalty herein provided shall be imposed.

For illegal acts under paragraphs (h) and (i) of Sec. 29 of this Act, the following

penalties and fines shall be imposed:

(a) Prision correccional in its minimum period or imprisonment of not less than (6)
months and one (1) day but not more than two (2) years and four (4) months, or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Two hundred thousand pesos (P200,000.00), or both, if the illegal act
involved critically endangered species;

(b) Arresto mayor in its maximum period or imprisonment of not less than four (4)
months and one (1) day but not more than six (6) months, or a fine of not less
than Forty thousand pesos (P40,000.00) but not more than One hundred
thousand pesos (P100,000.00), or both, if the illegal act involved endangered
‘species;

(c) Arresto mayor in its minimum and medium period or imprisonment of not less
than one (1) month but not more than four (4) months, or a fine of not less than
Ten thousand pesos (P10,000.00) but not more than Forty thousand pesos
(P40,000.00), or both, if the illegal act involved vulnerable species;

(d) Arresto menor 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 (P2,000.00) but not more than Ten thousand pesos
(P10,000.00), or both, if the illegal act involved near threatened species;

(e) Arresto menor in its minimum period or imprisonment of not less than one (1) day
but not more than ten (10) days, or a fine 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.

For illegal acts under paragraph (j) of Sec. 29 of this Act, the following penalties and
fines shall be imposed:

(a) Prision correccional in its maximum 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) Prision correccional 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 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;

(©) Prision’ correccional 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) Arresto mayor 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 (P10,000.00) but not more than One hundred thousand pesos
(P100,000.00), or both, if the illegal act involved near threatened species; and

(e) Arresto menor 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.

14


For acts constituting wildlife trafficking, the following fines and penalties shall be
imposed:

(a) Reclusion temporal 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) Prision mayor or imprisonment of not less than six (6) years and one (1) 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) Prision correccional 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 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;

(4) Prision correccional 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.

SEC. 32. Criminal Liabilities and Disqualification. — (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 partner, or other official thereof
responsible for such violation: Provided, That, the fine shall be doubled: Provided, further,
That the liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who actually committed the offense.

(b) Any government official or employee who violates this Act, shall, in addition to the
criminal liability that the court may find and the penalty that may be imposed pursuant
thereto, shall be perpetually disqualified from holding any public office.

©) Any person convicted of a violation of this Act shall be permanently and
perpetually disqualified from being issued any wildlife permit, clearance, agreement or
certificate.

SEC. 33. Civil Liabilities. - Civil action for the recovery of civil liability arising from the
offense charged shall be included in the criminal action or may be separately filed. Civil
liabilities are separate from criminal and administrative liabilities and shall include costs for
maintenance of apprehended live wildlife species, economic reparations, or indemnification
for environment damage, among others.

SEC. 34. Amount of Fines. - The fines herein prescribed shall automatically increase by
ten percent (10%) every three years from the effectivity of this Act without need for further
legislation or administrative issuance.

ARTICLE Il
Disputable Presumptions and Qualifying Circumstances

SEC. 35. Disputable Presumptions. — Without the appropriate wildlife permit, certification
or clearance, or authority at the time of apprehension, the following shall constitute prima
facie evidence of the corresponding illegal acts punishable under this Act:

(a) Possession of any hunting, trapping or collecting paraphernalia along with live or
dead wildlife, wildlife by-products and derivatives shall be a disputable presumption that the

15


possessor caused the killing or destruction, infliction of injury, maltreatment, collection,
hunting of wildlife, 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;

(e) 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

(f) 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.

SEC. 36. Qualifying Circumstances. ~ Any prohibited act committed on each wildlife
specimen shall be counted separately. The imposition of penalties shall be qualified and the
maximum penalty shall be imposed if the prohibited acts committed involve:

‘a. More than one (1) specimen of a critically endangered species;

b. More than five (5) of specimens of an endangered species;

c. More than eight (8) specimens of a vulnerable species;

d. More than ten (10) specimens of a near threatened species;

e. More than fifteen (15) specimens of other wildlife species;

4. More than twenty (20) wildlife specimens of any classification;

If the prohibited act is committed in a large scale or by a syndicate, the penalty of
twice the maximum penalty shall be imposed. A prohibited act is deemed large scale when
the total number of wildlife specimen involved is more than thirty (30). A prohibited act is
deemed committed by a syndicate if more than three (3) persons are involved.

If the prohibited act committed involves the inducement of indigenous peoples (IPs,
the maximum penalty shall be imposed.

SEC 37. Penalties for Recidivists. ~ The maximum applicable penalty shall be imposed
upon a recidivist who commits any of the illegal acts punishable under this Act. A recidivist
refers to a person who, at the time of the trial for violation of this Act, shall have been
previously convicted by final judgment of the same or another violation of this Act.

SEC 38. Liability Under Other Laws. - Prosecution for violation of this Act shall be without
prejudice to the prosecution of the offender for violation of other laws, rules and regulations.

ARTICLE IV
Administrative Adjudication

SEC. 39. Authority to Adjudicate and Administer Penalties. — The Secretaries of the
DENR and DA, PCSD chairperson, or their respective authorized representatives shall
exercise administrative adjudication, confiscation, and forfeiture powers, including the power
to cite in contempt, in all cases of violations of this Act. They may also impose administrative
sanctions such as payment of fines, or order the suspension or cancellation of existing
wildlife permits and disqualification from issuance of future permits, the closure of
establishment, or the confiscation and forfeiture of all wildlife, wildlife by-products and
derivatives, and all paraphernalia, tools and conveyances used in connection with the
violation, and to dispose of the same in accordance with pertinent laws, regulations or
policies on the matter. The Secretaries of the DENR and DA, PCSD chairperson, or their
respective authorized representatives may, after due notice and hearing, cancel or suspend
wildlife permits, clearances, agreements and/or certificates issued to persons found to have
violated any provision of this Act, rules and regulations issued to implement it, or the terms

16


of the permits, agreements or certificates. The Secretaries of the DENR and the DA, and the
PCSD chairperson shall issue appropriate procedural rules and regulations for the
administrative adjudication of violations of this Act.

CHAPTER IV
Transnational Wildlife Crimes.

SEC. 40. Transnational Character of Wildlife Crime. — Consistent with the provisions of
the United Nations Convention on Transnational Organized Crime (UNTOC) to which the
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;

(b) In one State, but a substantial part of its preparation, planning, direction or contro!
takes place in another State;

(©) 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.

SEC. 41. International Cooperation. - Once the Philippine Center on Transnational Crime
(PCTC) has received a request from another State Party of UNTOC for confiscation of
proceeds of crime, property, equipment, or other instrumentalities from the commission of a
transnational wildlife crime, the PCTC shall submit the request to the implementing
agencies of this Act for the purpose of obtaining an order of confiscation, and if such an
order is granted, shall enforce such order.

In addition, upon receipt of such a request, the PCTC, in coordination with
the implementing agencies of this Act, shall take measures to identify, trace, freeze, seize
property, equipment, other instrumentalities and the proceeds of the
transnational wildlife crime.

SEC. 42. Collection, Exchange, and Analysis of Information on the Nature of
Transnational Wildlife Crime. - The PCTC shall consolidate and analyze, in consultation
with the scientific and academic communities and other relevant international and regional
organizations, including International Criminal Police Organization (INTERPOL) and
Association of Southeast Asian Nation National Police (ASEANAPOL), consolidate and
analyze the trends in organized crime in its territory, the circumstances in which organized
crime operates, as well as the professional groups and technologies involved. The PCTC
shall also consider developing and sharing analytical expertise conceming organized
criminal activities with other international and regional organizations. For these purposes,
common definitions, standards and methodologies should be developed and applied, as
appropriate.

SEC. 43. Policies and Other Measures to Address Transnational Wildlife Crime. - The
PCTC shall work with the DENR, DA, PCSD and the Office of the Special Envoy for
Transnational Crimes, and consult with international and regional organizations, including
INTERPOL, ASEANAPOL, and the ASEAN Centre for Biodiversity, to develop policies and
measures conducive to the optimal implementation of the UNTOC in relation to wildlife
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
WILDLIFE LAW ENFORCEMENT

SEC. 44. Creation of Plantilla Positions for Wildlife Law Enforcement. - The DA, DENR
and PCSD are hereby authorized to create, subject to existing guidelines, permanent

7


positions of Wildlife Enforcement Agents, or designate their existing permanent employees
as such from their respective enforcement units. They shall have full authority to enforce the
provisions of this Act such as the conduct of surveillance activities, investigation, application
and service of search warrants, arrests of violators and seizures of illegally possessed,
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.

SEC. 45. Deputation of Wildlife Enforcement Officers. - The DENR and DA Secretaries,
and the PCSD shall deputize wildlife enforcement officers from nongovernment
organizations, citizens’ groups, community organizations, local government units and other
volunteers who have undergone necessary training for this purpose. The Philippine National
Police (PNP), the National Bureau of Investigation (NBI), the Bureau of Customs and other
law enforcement agencies shall designate wildlife enforcement officers. As such, the wildlife
enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest
violators of this Act, subject to existing laws, rules and regulations on arrest and detention.
These agencies may also seek the cooperation of Intemational and Regional Organizations
in the conduct of its investigation and enforcement actions.

SEC. 48. Creation of Wildlife Traffic Monitoring Units (WTMUs). - The DENR and DA
Secretaries shall create WTMUs in strategic air and seaports all over the country to ensure
the strict compliance and effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements. For this purpose, the DENR, DA or
PCSD are authorized to add in their staffing pattern such number of Wildlife Inspector
positions as may be necessary, the appointees of which shall be assigned to WTMUs, and
who shall have the same powers and duties as Wildlife Enforcement Officers. National
government agencies with mandates on transportation and local government units shall
provide necessary assistance to such WTMUs.

Customs officers and the authorized representatives of other government agencies
or instrumentalities such as, those from the Office for Transportation Security (OTS), the
Civil Aviation Authority of the Philippines (CAP), 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

SEC. 47. Wildlife Regulatory and Law Enforcement Management Information System.
~The DENR, DA and PCSD shall develop, establish and maintain a wildiife 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.

SEC. 48. Role of Local Government Units. - Local government units shall support the
DENR, DA and PCSD in the implementation of this Act. Local government units shall require
the presentation of the appropriate and duly issued wildlife permits or clearances by persons
engaged in business activities involving wildlife as a pre-requisite for the issuance or
renewal of business permits and other applicable local government permits and clearances
to such persons.

SEC. 49. Public Participation. - The participation of private citizens in reporting and
providing information on illegal wildlife trade shall be encouraged. Any private person who
shall provide any information leading to the apprehension, prosecution and conviction of any
offender for any violation of this Act and its implementing rules and regulations, or
confiscation of wildlife, its derivatives or by-products, and all paraphernalia, tools and

18


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.

SEC. 50. Strategic Lawsuit Against Public Participation in the Enforcement of this Act.
~A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that
any person, institution, or the government has taken or may take in the enforcement of this
Act shall be treated as a strategic lawsuit against public participation.

The hearing on the defense of a strategic lawsuit against public participation shall be
summary in nature. The affirmative defense shall be resolved within thirty (30) days after the
summary hearing. If the court dismisses the action, the court may award damages,
attorney's fees, and costs of suit under a counterclaim if such has been filed. The dismissal
shall be with prejudice.

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.

The Rules of Procedure for Environmental Cases shall govern the procedure in civil,
criminal, and special civil actions involving the enforcement or violations of this Act, including
actions treated as a strategic lawsuit against public participation as provided in this section.

CHAPTER VI
MISCELLANEOUS PROVISIONS

SEC. 51. Wildlife Management Fund. - 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 or restoration of habitats
affected by acts committed in violation of this Act and support scientific research,
enforcement and monitoring activities, procurement of vehicles, firearms and ammunitions,
as well as enhancement of capabilities of relevant agencies.

The 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 Wildiife
Management Fund of the DA, DENR or the PCSD, as the case may be.

SEC. 52. Tax Exemption. — All grants, bequests, endowments, donations and contributions
which may be made to the DENR, DA, PCSD and to NGOs and people's organizations
engaged in wildlife conservation, protection and law enforcement duly registered with the
Securities and Exchange Commission or the Cooperative Development Authority, as
certified by the local government unit, the DENR, DA or PCSD, for the conservation and
protection of wildlife resources and their habitats shall be exempt from donor's tax and the
same shall constitute as allowable deductions from gross income for purposes of computing
the taxable income of the donor in accordance with the provisions of the National internal
Revenue Code of 1997, as amended.

SEC. 53. Wildlife Rescue Center. - The DENR and DA Secretaries shall establish or
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.

SEC. 54. Establishment of National Wildlife Research Centers. - The DENR and DA

19


Secretaries and PCSD shall establish national and local wildlife research centers for
terrestrial 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. Flagship Species. - Local government units shall initiate conservation measures
for wildlife species in their areas. For this purpose, they may adopt flagship species such as
the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus mindorensis), Philippine
tarsier (Tarsius syrichta), or the Philippine teak tree (Tectona philippinensis), which shall
serve as emblems of conservation for the local government concerned. The DENR or DA
Secretary, the PCSD or their authorized representatives may provide guidelines on the
selection of flagship species.

SEC. 56. Heritage Trees. - \n coordination with and assistance from the DENR or PCSD,
local government units shall declare or designate as heritage trees certain qualified endemic
or indigenous tree species within their territorial jurisdiction. The DENR or DA Secretary or
PCSD or their authorized representatives may provide guidelines on the selection of
heritage trees.

SEC. 57. Botanical Gardens, Zoological Parks and Other Similar Establishments. —
The DENR or DA Secretary shall regulate the establishment, operation and maintenance of
botanical gardens, zoological parks and other similar establishments for recreation,
education, and conservation.

SEC. 58. Registration of Museum Specimens. — Except for the National Museum, all other
museums and similar establishments displaying wildlife by-products and derivatives for
public viewing shall register said specimens with the DENR, DA or PCSD, as the case may
be.

SEC. 59. Communication, Education, Public Awareness, and Information Sharing. —
The DENR, DA, PCSD and the Office of Special Envoy for Transnational Crimes shall
undertake 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.

CHAPTER VIL
FINAL PROVISIONS

‘SEC. 60. Appropriations. - 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.

SEC. 61. Implementing Rules and Regulations. — 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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SEC. 62. Report to Congress. - The DENR and DA Secretaries and PCSD shall report to
Congress, not later than March 30 of every year following the approval of this Act, the
progress of efforts to conserve and protect Philippine wildlife resources and make the
necessary recommendations in areas where there is need for legislative action.

SEC. 63. Joint Congressional Oversight Committee. - There is hereby created a Joint
Congressional Oversight Committee to monitor and oversee the implementation of the
provisions of this Act. The Committee shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives with the Chairpersons of
the Committees on Environment of the Senate and the Committee on Natural Resources of
the House of Representatives, respectively, as co-chairpersons of the Joint Committee. The
five (5) other members from each Chamber are to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority party or bloc
shall be entitled to pro rata representation but shall have at least two (2) representatives
from each Chamber.

SEC, 64. Mandatory Review. - The Congressional Oversight Committee shall undertake
the mandatory review of this Act at least once every five (5) years after the effectivity of this
Act, or as the need arises,

SEC. 65. Separability Clause. — \f any provision of this Act is declared unconstitutional or
invalid, other parts or provisions hereof not affected shall continue to be in full force and
effect.

SEC. 66. Repealing Clause. — Republic Act No. 9147 is hereby repealed. All other laws,
ordinances, orders, rules, regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 67. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in a newspaper of general circulation.

Approved,

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