^^'1 Ornate
of llu' ^ ’i rctnn
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
*22 AUG 16 P3 58
SENATE
S.B. No. 1192
RECEIVED BY-
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE SENTIENCE, SAPIENCE, AND INHERENT RIGHTS OF 
MARINE MAMMALS AND PROVIDING MECHANISMS FOR THE PROTECTION 
AND ENFORCEMENT THEREOF
EXPLANATORY NOTE
Sentience has been defined as the ability to feel or perceive the world around you 
and as a result have subjective experiences. There is now a wide body of scientific 
evidence to support sentience in a wide range of species and this evidence comes from 
a broad range of scientific disciplines from animal behavior to neurophysiology.
Beyond sentience there Is also now an impressive body of evidence on 
consciousness in a wide range of species. In the Protocol on Animal Welfare included in 
the European Union's Treaty of Amsterdam, the sentience of animals Is expressly 
recognized:
Desiring to ensure improved protection and respect for the welfare 
of animals as sentient beings, have agreed upon the following provision, 
which shall be annexed to the Treaty establishing the European 
Community, in formulating and implementing the Community's 
agricultural, transport, internal market and research policies, the 
Community and the Member States shall pay full regard to the welfare 
requirements of animals, while respecting the legislative or administrative 
provisions and customs of the Member States relating in particular to 
religious rites, cultural traditions and regional heritage.
One step further along the continuum from sentience is the concept of sapience, 
which refers to specific attributes of intelligence, such as the ability to "act with 
appropriate judgement."
On July 7, 2012, a prominent international group of cognitive neuroscientists, 
neuro-pharmacologists, neuro-physiologists, neuroanatomists, and computational


scientists gathered at the University of Cambridge to reassess the neurobiological basis 
of conscious experience and related behaviors in humans and what we commonly 
consider animals.
They found that non-human animals have the neuro-anatomical, neurochemical, 
and neurophysiological structures and systems underlying consciousness along with the 
capacity to exhibit intentional behaviors.
Thus, the weight of evidence indicates that consciousness is not unique to humans 
and that animals - Including all mammals, birds, and many other creatures such as 
octopuses - are also capable of conscious thought.
Beyond anatomy and brain chemistry, there is further evidence to support the 
contention that whales, dolphins, and other marine mammals are sentient and sapient. 
Many of these species live in complex social groups, exhibiting complex behaviors such 
as cooperation and tool use.
Some whales and dolphins clearly even have their own cultures.
Science has also shown that whales and dolphins are capable of experiencing 
complex emotions such as grief and empathy, and that some live in complex, cultural 
societies. This realization requires us to do more than simply protect the conservation 
status of species or populations or protect individual welfare by recognizing their inherent 
rights as sentient, sapient species.
In the Philippines, the Supreme Court allowed a petition to be filed on behalf of 
"Resident Marine Mammals" such as toothed whales, dolphins, porpoises, and other 
cetacean species inhabiting the waters in and around the Tanon Strait.
Beyond the legal and philosophical issues involved, marine mammal populations 
are distributed throughout the world's oceans. Their protection and conservation 
therefore requires concerted global action.
As predators at the top of the food chain, marine mammals play an important role 
in ensuring the health and balance of the ocean ecosystems. Globally, marine mammals 
face threats from human activities including by-catch from large-scale fishing activities, 
collision with vessels, depletion of food stocks, hunting and illegal trade, oceanic pollution, 
habitat destruction, and climate change.
As a signatory to the Convention on the Conservation of Migratory Species of Wild 
Animals (hereinafter, referred to as the "CMS" or the "Bonn Convention"), and the


Convention on the International Trade in Endangered Species of Wild Fauna and Flora 
(hereinafter, referred to as the "CITES,,)/ it is the Philippines' treaty obligation to protect 
marine mammals within, outside, and transiting its territory.
According to the Red List Status of Marine Mammals in the Philippines, a 
publication produced by the country's top marine mammal scientists, the status of the 
populations of most marine mammals in the country is "data deficient." This means that 
the different marine mammal populations in the Philippines cannot be evaluated due to 
insufficient information about their status in the wild. It is therefore of utmost importance, 
with the aim of conserving local populations, for the Philippine government to support 
scientific studies that assess the current marine mammal populations in the country. In 
this regard, there are several laws and regulations which seek to protect marine 
mammals/wildlife in the country, to wit:
(a) 
Fisheries Administrative Order 185, Series of 1992 (hereinafter, referred to 
as "FAO 185"), and Fisheries Administrative Orderl85-l, Series of 1997 
(hereinafter, referred to as "FAO 185-1"), which makes the taking or 
catching of dolphins, whales, and porpoises in Philippine waters, or the 
selling, purchasing, possession, transport, or export of the same, whether 
dead or alive, in any state or form, unlawful;
(b) 
Republic Act No. 8485, otherwise known as the Animal Welfare Act of 1998 
(hereinafter, referred to as "RA 8485" or the "Animal Welfare Act"), as 
amended by Republic Act No. 10631, which penalize the abuse, 
maltreatment, or neglect of animals and the killing, except in certain 
instances provided by law, of animals other than cattle, pigs, goats, sheep, 
poultry, rabbits, carabaos, and horses; and
(c) 
Republic Act No. 9147, otherwise known as the "Wildlife Resources 
Conservation and Protection Act" (hereinafter, referred to as "RA 9147" or 
the "Wildlife Act"), makes it state policy to conserve the country's wildlife 
resources and their habitats by, among others, pursuing the country's 
commitment to relevant international treaties and conventions.
Despite the foregoing, however, the direct taking of dolphins from Philippine 
waters, as well as the importation and exportation of wild dolphins from inhumane and 
unsustainable sources, in violation of existing laws, regulations, and international 
conventions, have been documented, including:


(a) 
Local dolphins are captured for display and human interaction in Misamis 
Occidental without appropriate permits in violation of the FAO 185 & 185- 
1, and the Animal Welfare Act;
(b) 
In January 2001, five false killer whales caught in Japan were imported into 
the country. A sixth one died before it arrived in the Philippines. Today, 
none of these animals remain alive;
(c) 
In 2004, 4 bottlenose dolphins caught in Japan were imported into the 
country. In the same year, one of the bottlenosed dolphins died. In 2009, 
another 4 bottlenose dolphins came into the country from Japan; and
(d) 
In December 2008, January 2009, and January 2011, the Philippines 
imported a total of 25 bottlenose dolphins caught in the wild from the 
Solomon Islands.
The animals from Japan were caught from what is known as the drive hunts. In 
these hunts, pods of dolphins are driven to shallow waters. After marine parks have 
selected animals for use in the dolphin-show industry, the rest are brutally and 
indiscriminately killed, a practice that has received widespread condemnation for its cruel 
and inhumane nature. The 2010 Oscar-winning documentary, "The Cove", clearly 
documents the conduct of these hunts.
The World Association of Zoos and Aquariums has issued a policy statement 
condemning the Japanese dolphin hunts as inhumane. A similar policy statement has 
been made by the Alliance of Marine Mammal Parks and Aquariums.
From December 2008 to January 2011, the Philippines imported dolphins from the 
Solomon Islands despite the scientific opinion of the International Union for the 
Conservation of Nature that the export of dolphins from the Solomon Islands does not 
have a credible Non-Detriment Finding or"NDF".
A Non-Detriment Finding is a determination by a credible Scientific Authority of the 
exporting state that the export will not be detrimental to the survival of that species in 
the wild. Given the lack of a NDF, the CITES Scientific Authorities in the Philippines, such 
as Silliman University and the National Museum, support a ban on the import of dolphins 
until such time that a credible NDF from the exporting state is forwarded.
Despite the lack of a credible NDF, the country imported a total of 25 dolphins, 
and subsequently re-exported them to Singapore in 2012, causing the death of one 
dolphin, which died in transit.
4


This issue is the subject of an on-going case for a violation of the Wildlife Act filed 
by a number of animal welfare and environmental groups, led by the Earth Island 
Institute-Philippines, the Philippine Animal Welfare Society, and Compassion and 
Responsibility for Animals.
The recognition of the sentience and sapience of cetaceans, such as dolphins or 
whales make it clear why they should be protected: it is a moral obligation on the part of 
the human species - the dominant species on this planet - to recognize and safeguard 
the inherent rights of another sentient species.
Given the legal, humane, and sustainability issues raised, there Is a need to enact 
legislation articulating state policy regarding the protection of marine mammals in 
Philippine waters, and reiterating this country's international treaty commitments to the 
global conservation and protection of marine mammals.
As such, the immediate passage of this bill is earnestly sought.
RISA HONTIVEROS
Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
r iE)fficp of lljc S'enptnrjJ
■22 AUG 16 P3 58
SENATE
S.B. No. 1192
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
RECOGNIZING THE SENTIENCE, SAPIENCE, AND INHERENT RIGHTS OF 
MARINE MAMMALS AND PROVIDING MECHANISMS FOR THE PROTECTION 
AND ENFORCEMENT THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Marine Mammal Act of
2 
2022."
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
4 
recognize that marine mammals including, but not limited to, dolphins, whales, and other
5 
cetaceans, are sentient, sapient, and cultural. Thus, the State shall likewise recognize,
6 
safeguard, and uphold, the inherent, fundamental, and alienable rights possessed by
7 
these fellow sentient species.
8 
The State shall partner with academic and scientific institutions in studying and assessing
9 
marine mammal populations and societies within the territorial jurisdiction of the
10 
Philippines in order to better understand how these populations and societies can best be
11 
protected from harmful human activity.
12 
Sec. 3. Inherent and Fundamental Rights of Marine Mammals. - The State hereby
13 
recognizes the following inherent, fundamental, and inalienable rights of marine
14 
mammals:
15 
a) The right to exist, free from disturbance, molestation, and exploitation
16 
caused by human activity;
17 
b) The right to the maintenance of their natural habitat, as well as the vital
18 
cycles, functions and processes that ensure their continued sustainability
19 
and well-being; and
20 
c) The right to adequate and effective representation vis-a-vis the protection
21 
and enforcement of these rights.


1 
These rights shall be in addition to, and shall not impair or limit, any other right or remedy
2 
available under existing law, administrative regulation or jurisprudence. A violation of any
3 
existing environmental or conservation law or regulation shall be deemed a prima facie
4 
violation of these rights.
5 
Sec. 4. Coverage. - All species belonging to the Taxonomic Orders Carnivora,
6 
Cetartiodactyla, and Sirenia are expressly covered by this Act.
7 
Sec. 5. Definition of Terms. -
8 
a) "State" shall mean the Philippine government, or any department, agency,
9 
bureau, or subdivision thereof;
10 
b) "Animal" shall mean the marine mammals;
11 
c) "Live" shall mean an animal that Is living and In apparent good health;
12 
d) "Marine Mammals" shall mean any mammalian species that lives in salt
13 
water or derives its food from a saltwater environment, representing three
14 
different mammalian groups: those belonging to the Order Carnivora
15 
(polar bears, sea otters, seals, sea lions, and walruses). Order
16 
Cetartiodactyla (cetaceansceataceans), and Order Sirenia (manatees and
17 
dugongs);
18 
e) "Marine Protected Areas & Networks" shall mean a clearly defined
19 
geographical space, recognized, dedicated and managed, through legal or
20 
other effective means, to achieve the long-term conservation of nature
21 
with associated ecosystem services and cultural values;
22 
f) "Marine Corridor" shall mean a geographical feature used by mobile
23 
species for migration between feeding and mating areas;
24 
g) "Wild" shall mean any animal that was born, and is living or growing in
25 
the natural environment or any animal that Is not domesticated,
26 
cultivated, or captive-bred;
27 
h) "Captive Bred or F2 Generation" shall mean to animals that are the
28 
offspring of animals which were themselves born in captivity. If either of
29 
the individual's parents was wild or caught in the wild, the offspring Is
30 
regarded as captive-reared, rather than captive-bred;
31 
i) "Captive breeding" is the process of breeding animals in human controlled
32 
environments with restricted settings, such as wildlife reserves, zoos and
33 
other conservation facilities.
34 
j) "Take or catch" shall include the killing, capturing, trapping, snaring, and
35 
netting of marine mammals;
36 
k) "Sell" shall mean barter, exchange, or offering or exposing for sale;


1 
I) "Purchase" shall mean to buy, and includes agreeing or offering to buy;
2 
m) "Possess" shall mean to have actual or constructive possession or control
3 
of a marine mammal;
4 
n) "Transport" shall mean to carry or move or cause to be carried or moved;
5 
o) "Import" shall mean to send, ship, or otherwise transport into the country;
6 
p) "Export" shall mean to send, ship, or otherwise transport out of the
7 
country
8 
q) "Trade" shall mean to barter, exchange, or sell in any commercial, profit-
9 
oriented activity;
10 
r) "Commercial Purposes" shall mean to use in any profit-oriented activity,
11 
commerce, or trade;
12 
s) "Rescue" shall mean to take any marine mammal immediately out of
13 
danger;
14 
t) "Rehabilitation" shall mean the process of removing animals from the wild
15 
to provide professional care to sick, injured, and orphaned animals using
16 
methods to prepare them for their ultimate return to their natural habitat;
17 
u) "Release" shall mean to return a marine mammal to its natural habitat;
18 
v) "CITES" shall mean the Convention on the International Trade in
19 
Endangered Species of Wild Fauna and Flora;
20 
w) "Stranding" shall mean incidents involving marine mammals swimming or
21 
floating to shore and becoming "beached" or stuck in shallow water; and
22 
x) "CITES Scientific Authorities" shall include the Silliman University, UP
23 
Marine Science Institute, and other local or international scientific non-
24 
government organizations.
25 
Sec. 6. Marine Protected Areas & Networks, and Marine Corridors. - The State
26 
shall designate Marine Protected Areas and Networks, and Marine Corridors on known
27 
marine mammal migration routes, feeding and mating habitats for the purpose of
28 
protecting wild marine mammal populations from industries and human activity that are,
29 
or are reasonably likely to be, detrimental to their health and well-being including, but
30 
not limited to, offshore drilling, seismic tests, and other similar activities.
31 
Sec. 7. Marine Mammal Tours and Watching. - The State shall promote responsible
32 
whale and dolphin-watching tours in the wild that contribute to public education and
33 
enhance the local economy.
34 
Whale and dolphin-watching tours shall be conducted in accordance with protocols
35 
embodied in rules and regulations to be drafted for this purpose by the Department of
36 
Agriculture, Department of Environment and Natural Resources, Biodiversity Management


1 
Bureau, and Department of Tourism (hereinafter, referred to as the "DA" "DENR" "BMB"
2 
and "DOT" respectively) in conformity with the policies stated in this Act. Such protocols,
3 
rules, and regulations shall be updated periodically in accordance with the latest scientific
4 
information.
5 
Sec. 8. Habitat Preservation. - The State shall promote the welfare of all marine
6 
mammals by protecting all known habitats and ensuring that marine mammal populations
7 
in the Philippines are not subjected to any distress, injury or death arising from human
8 
activities. The State shall likewise promote the welfare of all marine mammals by ensuring
9 
that they are allowed to live in their natural habitat, and conform to their natural
10 
behaviors.
11 
Sec. 7. Prohibitions. - It shall be unlawful to:
12 
a) Take or catch marine mammals in Philippine waters, or to sell, purchase,
13 
possess, transport, import or export, and trade the same whether dead or
14 
alive, in any state or form whether raw or processed;
15 
b) Deploy purse-seine nets on, or to encircle, marine mammals in fishing
16 
operations, or to intentionally wound and kill any marine mammals in the
17 
course of catching other species of fish;
18 
c) Import and export live, wild, marine mammals, including rescued or
19 
rehabilitated animals. The import/export of parts or tissues of deceased
20 
animals may be allowed for research purposes, upon application by
21 
reputable universities, and scientific institutions. All applications to import
22 
or export such marine mammal parts or tissues for research purposes shall
23 
be reviewed and evaluated by the BMB, DENR, and DA, as well as by the
24 
CITES Scientific Authorities; and
25 
d) Take any stranded or rescued live marine mammal for trade or other
26 
commercial purposes, including for display or exhibition, while being
27 
rehabilitated. All rehabilitated marine mammals shall be immediately
28 
released into the wild.
29 
Sec. 8. Captive Breeding. - Captive breeding for marine mammals should be
30 
established in a manner not detrimental to the survival of the species in the wild and
31 
must be maintained without addition of animals from the wild. Captive breeding facilities
32 
must be managed in a manner that has been demonstrated to be capable of reliably
33 
producing second-generation, or F2, offspring in a controlled environment.
34 
Only live, captive-bred, marine mammals of the second or F2 generation sourced from
35 
reputable aquariums shall be imported and/or exported into our out of the country,
36 
subject to compliance with existing laws as well as all applicable rules and regulations.


1 
including, but not limited to, Republic Act No. 9147, otherwise known as the "Wildlife
2 
Resources Conservation and Protection Act" (hereinafter, referred to as "RA 9147" or the
3 
"Wildlife Act'O, Republic Act No. 8485, otherwise known as the Animal Welfare Act of
4 
1998 (hereinafter, referred to as "RA 8485" or the "Animal Welfare Act").
5 
The export and import of marine mammals shall likewise require the approval of the BMB,
6 
DENR, DA, and CITES Scientific Authorities, after assessment and evaluation of all
7 
pertinent facts and circumstances.
8 
Sec. 9. Rescue. - All rescue efforts in response to strandings and other instances
9 
of marine mammals in distress, shall ensure that the well-being of all animals involved is
10 
prioritized, and should not, as far as practicable, cause further stress, pain, or discomfort
11 
to the animal. All rescue efforts must have the objective of releasing marine mammals
12 
back Into the wild as viable components of the wild marine mammal population.
13 
All stranded marine mammals shall be released immediately to the wild if healthy and
14 
alive. The disposition of sick or injured marine mammals shall be the responsibility of the
15 
BMB, DENR, and DA in consultation with CITES Scientific Authorities. All dead marine
16 
mammals shall be surrendered to the nearest BMB, DENR, DA office for proper
17 
disposition.
18 
The BMB, DENR, and DA shall draft, in accordance with the policies stated in this Act,
19 
rules and regulations embodying protocols for the proper rescue, rehabilitation, and
20 
release of marine mammals.
21 
Sec. 10. Rehabilitation - Rehabilitation of marine mammals shall only be
22 
undertaken if there is a high probability that the animal can be restored to health and
23 
released back into the wild. Rehabilitation shall be subject to:
24 
a) Availability of facilities and/or equipment for the species and number of
25 
animals involved;
26 
b) Safe and expeditious transport of all animals involved, which animals
27 
should be in a manageable state and pose no serious risks to others or to
28 
facility staff; and
29 
c) Sufficient resources and trained personnel to provide adequate care to the
30 
animal for a reasonable period of time.
31 
It shall be unlawful to take any stranded or rescued live marine mammal for trade or
32 
other commercial purposes, including for display or exhibition, while being rehabilitated.
33 
All rehabilitated marine mammals shall be immediately released to the wild.
34 
The disposition of any rehabilitated animal that is not suitable for release into the wild
35 
shall be in accordance with recommendations made by the authorized CITES scientific


1 
authorities, including the Silliman University, UP Marine Science Institute, and other local
2 
or international scientific non-government organizations.
3 
If the required facilities and equipment are available on-site, stranded and severely
4 
injured animals that are beyond rehabilitation maybe euthanized by licensed veterinarians
5 
authorized to perform the necessary procedure or procedures therefore.
6 
Sec. 11. Marine Mammal Protection and Conservation Committee. - A Marine
7 
Mammal Protection and Conservation Committee to be composed of the BMB, DENR, DA,
8 
the Bureau of Fisheries and Aquatic Resources, reputable scientists and marine mammal
9 
experts, CITES Scientific Authorities, and representatives from concerned non-
10 
government organizations, shall be created.
11 
The Marine Mammal Protection and Conservation Committee shall:
12 
a) Develop and coordinate research programs for marine mammals in the
13 
Philippines;
14 
b) Develop manuals and protocols for the rescue of stranded animals;
15 
c) Develop manuals and guidelines for dolphin and whale watching tours; and
16 
d) Undertake and technical assessments of rescued, stranded or rehabilitated
17 
marine mammals.
18 
Sec. 12. Penalties. - Any violation of this Act shall subject the offender to a fine of
19 
at least Two Hundred Fifty Thousand Pesos (P250,000.00) but not more than more than
20 
Five Hundred Thousand (P500,000.00) Pesos, and imprisonment of six (6) months to two
21 
(2) years, at the discretion of the Court.
22 
Sec. 13. Representation & Standing. - Any Philippine resident may file an action
23 
to enforce the rights or obligations recognized under this Act on behalf of an individual,
24 
population, or society belonging to the marine mammal species protected by this Act,
25 
which shall be the real party-in-interest. Upon the filing of any such action, the Court shall
26 
issue an order which shall contain a brief description of the cause of action and the reliefs
27 
prayed for, requiring all interested parties to manifest their interest to intervene in the
28 
case within a reasonable amount of time from notice thereof.
29 
Sec. 14. Strategic Lawsuits against Public Participation. - A Strategic Lawsuit
30 
against Public Participation (SLAPP) is any action filed to harass, vex or exert undue
31 
pressure against any person or legal entity that has taken legal action or made a public
32 
communication of any kind in connection with the enforcement or protection of the rights
33 
recognized herein or any other environmental law or regulation. The defendant in a SLAPP
34 
may file a special motion to dismiss at any point of the proceedings alleging that the case
35 
is a SLAPP. This special motion to dismiss shall be resolved within thirty (30) days after it


1 
is heard. If the court dismisses the SLAPP, it shall award damages, attorney's fees and
2 
costs of suit. The dismissal shall be with prejudice.
3 
Sec. 15. Construction. - This Act shall be liberally construed for the purpose of
4 
promoting, enhancing and protecting the rights of marine mammals recognized herein.
5 
Sec. 16. Implementing Rules and Regulations. — Within twelve (12) months
6 
following the effectivity of this Act, the Secretaries of the Department of Environment and
7 
Natural Resources and the Department of Agriculture, CITES Scientific and Management
8 
Authorities, in coordination with the Committees on Environment and Ecology of the
9 
Senate and the House of Representatives, respectively, shall promulgate rules and
10 
regulations for the effective implementation of this Act. Whenever appropriate,
11 
coordination in the preparation and implementation of rules and regulations on joint and
12 
inseparable issues shall be done by both Departments. The commitments of the State to
13 
international agreements and protocols shall likewise be a consideration in the
14 
implementation of this Act.
15 
Sec. 
17. Separability Clause. - If any provision of this Act is declared
16 
unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions
17 
not affected thereby shall continue to be in full force and effect.
18 
Sec. 18. Repealing Clause. - All laws, decrees, executive orders, department or
19 
memorandum orders and other administrative issuances or parts thereof which are
20 
inconsistent with the provisions of this Act are hereby modified, superseded or repealed
21 
accordingly.
22 
Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after publication
23 
in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,