EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
■'i.r-.-' i‘f' ■
*21 MAR -2 P4 -02
SENATE
Senate Bill No. 2079
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
PROVIDING FOR A REVISED WILDLIFE RESOURCES. CONSERVATION AND 
PROTECTION ACT, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES
EXPLANATORY NOTE
Philippine wildlife species are natural treasures that deserve protection under the 
law in order to promote conservation and sustainable use and to ensure their continued 
existence for future generations.
The Philippines is one of only seventeen (17) "mega-diverse" countries in the world 
or those very rich in terms of "biodiversity" or the variety and variability among all living 
organisms and the ecological complex in which they occur. Philippine wildlife species are 
thus also globally important. Aside from well-known, iconic and charismatic wildlife 
species such as the Philippine Eagle (Pitecophaga jeffereyi), the Tamaraw (Bubalus 
mindorensis) and the Philippine tarsier (CarUto syrichta), the Philippines has about 133 
terrestrial mammals, 230 birds, 244 reptiles and 97 amphibian species occurring nowhere 
else in the world. In addition, there are over 120 fishes that can be found only in Philippine 
inland and marine waters.
Philippine flora and fauna, as well as the ecosystems where they live, are the 
country's natural capital and provides a variety of services beneficial to the Filipino 
people. Aside from cultural and aesthetic values, they provide us with food, water, 
medicine, timber, fuel raw material for clothing, as well as numerous economic benefits. 
They help regulate water purification, soil erosion, flood control, climate and carbon 
storage and also pollination and decomposition. Indeed, the benefits provided by 
wildlife are essential to human life and well-being.
Despite the clear importance of Philippine wildlife, their existence continues to be 
threatened by overexploitation, habitat degradation and fragmentation, introduction of 
invasive alien species, pollution, and climate change. Illegal wildlife trade brings target 
species closer to extinction. The illegal collection of wildlife genetic resources deprives


Filipinos of the monetary benefits from the development of products and technologies 
from these natural treasures.
Enacted in 2001, Republic Act No. 9147, otherwise known as the "Wildlife 
Resources Conservation and Protection Act" (the "Wildlife Act") is the primary piece of 
legislation relative to wildlife. The Wildlife Act is a law on wildlife resource conservation 
and use and on biodiversity protection. As a natural resource conservation law, the 
Wildlife Act aims to ensure the continuing existence of Philippine wildlife by prescribing 
measures to regulate human activities directly involving wildlife, including wildlife 
collection and trade, as well as human activities affecting their habitats. As a biodiversity 
protection law, the Wildlife Act aims to promote ecological balance and enhance biological 
diversity.
After almost 20 years of implementation, the Wildlife Act is ripe for further 
strengthening and improvement based on the collective experience of government 
regulators, law enforcement agencies and volunteers, non-government organizations, 
scientists and researchers, conservationists, local government units, and the legitimate 
wildlife breeders, traders and hobbyists. Among others, the imposition of stronger and 
more specific penalties is needed to enhance the deterrent effect and to remove the legal 
loopholes exploited by illegal wildlife collectors and traders.
It Is therefore high time that the Wildlife Act be updated to comply or be consistent 
with Philippine treaty obligations concerning wildlife under multilateral agreements such 
as the Convention on International trade in endangered Species of Wild fauna and Flora 
(CITES, the Convention on Biological Diversity (CBD), and the Convention on Migratory 
Species (CMS).
The Wildlife Act must also be revised and updated in order to effectively implement 
the clear directive of President Rodrigo Roa Duterte in his 2018 State of the Nation 
Address that the "protection of the environment must be top priority and extracted 
resources must be used for the benefit of the Filipino people, not just a select few, and 
that all concerned agencies and local government units, must uphold the concept of 
intergenerational responsibility in the utilization of our mineral wealth, the protection and 
preservation of our biodiversity, anchored on the right to a balanced and health ecology."
In view of the foregoing, the immediate passage of this bill is earnestly sought.
GUEL F. ZUBIRI


EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
SENATE 
S.B. No. ^079
*21 HAR-2 P 4 -02
' ■ ■
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
PROVIDING FOR A REVISED WILDLIFE RESOURCES 
CONSERVATION AND PROTECTION ACT, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
1 
SECTION 1. Short Title - This Act shall be known as the "Revised Wildlife
2 
Resources Conservation and Protection Act of2021".
3 
SEC. 2. Statement of Policy. - It shall be the policy of the State to conserve
4 
and protect the country's wildlife resources and their habitats for sustainability and to
5 
promote ecological balance, enhance biological diversity, and ensure the provision of
6 
ecosystem services. In the pursuit of this policy, this Act shall have the following
7 
objectives:
8 
(a) to regulate the collection, possession, use and trade of wildlife, wildlife by-
9 
products and derivatives;
10 
(b) to pursue, with due regard to the national interest, Philippine commitments to
11 
international conventions, treaties and agreements on the protection of wildlife
12 
and their habitats, and on the fair and equitable sharing of the benefits arising out
13 
of the utilization of genetic resources from wildlife;
14 
(c) to initiate or support scientific studies on the conservation of biological diversity
15 
and sustainable utilization of wildlife resources;
16 
(d) to promote full awareness and widest dissemination of policies on wildlife
17 
conservation and protection; and


1 
(e) to address and end the transnational organized crime of wildiife trade and
2 
trafficking.
3 
SEC. 3. Scope of Application. -The provisions of this Act shall be enforceable
4 
for all wildlife species found in ali areas of the country, including exotic species which are
5 
subject to trade, are cuitured, maintained and/or bred in captivity or propagated in the
6 
country.
7 
SEC. 4. Jurisdiction of the Department of Environment and Natural
8 
Resources (DENR), the Department of Agriculture (DA) and the Palawan
9 
Council for Sustainable Development (PCSD), - The DENR shall have jurisdiction
10 
over ail terrestrial plant and animal species, all turtles and tortoises and wetiand species,
11 
including but not limited to crocodiles, waterbirds and all amphibians and dugong. The
12 
DA shail have jurisdiction over ail declared aquatic critical habitats, all aquatic resources
13 
including but not limited to all fishes, aquatic plants, invertebrates and all marine
14 
mammals, except dugong. The Secretaries of the DENR and the DA shall review, and by
15 
joint administrative order, revise and regularly update the list of species under their
16 
respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested
17 
to the PCSD pursuant to Republic Act No. 7611, otherwise known as the "Strategic
18 
Environmental Plan (SEP) for Palawan Act".
19
20 
CHAPTER II
21 
DEFINITION OF TERMS .
22
23 
SEC. 5. Definition of Terms. - As used in the Act, the term:
24 
(a) "Biological diversity' or "biodiversity' refers to the variability among living
25 
organisms from all sources Including, inter alia, terrestrial, marine and other aquatic
26 
ecosystems and the ecological complexes of which they are part; this includes diversity
27 
within species, between species and of ecosystems;
28 
(b) "Biological resource^' refers to genetic resources, organisms or parts thereof,
29 
populations or any other biotic component of ecosystems with actual or potential use or
30 
value for humanity, including but not limited to, all biological specimens such as plants,
31 
seeds, tissues and other propagation materials, animals, live or preserved, whether whole
32 
or In part;
33 
(c) "Bioprospecting' refers to the research, collection and utilization of biological
34 
and genetic resources for purposes of applying the knowledge derived solely for
35 
commercial purposes;
36 
(d) "Blosafety''vefexs to the need to protect human, plant and animal health or life


1 
and the environment from the possible adverse effects of the products of modern
2 
biotechnology;
3 
(e) "Botanicalgarderi' refers to an establishment where a collection of wild flora is
4 
maintained for recreational, educational, research, conservation and scientific purposes;
5 
(f) "By-products and derivative^' refer to any part taken or substance extracted
6 
from wildlife, in raw or in processed form. This includes stuffed animals and herbarium
7 
specimens;
8 
(g)" Captive-breeding/cuiture or propagatiori' refers to the process of producing
9 
individuals under controlled conditions or with human interventions;
10 
(h) "Certificate of Wildlife Registratiod' refers to a document authorizing a person
11 
to possess wildlife, by-products and derivatives;
12 
(i) "Certificate of Introduction from the Sed' refers to a document Issued by the
13 
Bureau of Fisheries and Aquatic Resources for the introduction from the sea of wildlife
14 
species taken from marine environments outside the jurisdiction of any State;
15 
(j) "Collection or collecting" refers to the act of taking, gathering or harvesting
16 
wildlife, wildlife by-products or derivatives;
17 
(k)"Conservatiori' refers to the preservation and sustainable utilization of wildlife,
18 
and/or maintenance, restoration and enhancement of the habitat;
19 
(I) "CriticalHabitat' refers to an area outside protected areas under Republic Act
20 
(RA) No. 7586 or the National Integrated Protected Areas System (NIPAS) Act, as
21 
amended by Republic Act 11038 or the ENIPAS, that are known habitats of threatened
22 
species and designated based on scientific data taking into consideration species
23 
endemicity and/or richness, presence of man-made pressures/threats to the survival of
24 
wildlife living in the area, among others;
25 
(m) "Critically endangered specie^ refers to a species or subspecies that is
26 
facing extremely high risk of extinction in the wild in the Immediate future;
27 
(n) "Economically important specie^ refers to species which have actual or
28 
potential value in trade or utilization for commercial purpose as well as species which
29 
have actual or potential negative impact on the environment and economic activities such
30 
as, but not limited to, agriculture and food production;
31 
(o) "Endangered specie^ refers to species or subspecies that is not critically
32 
endangered but whose survival in the wild Is unlikely if the causal factors continue
33 
operating;
34 
(p) "Endemic specied' refers to species or subspecies which is naturally occurring
35 
and found only within specific areas in the country;
36 
(q)"Exotic specie^' refers to species or subspecies which do not naturally occur in


1 
the country;
2 
(r)"Export permit' refers to a permit authorizing a person to bring out wildlife,
3 
wildlife by-products and derivatives from the Philippines to any other country;
4 
(s) "Genetic materiai' refers to any material of plant, animal, microbial or other
5 
origin containing functional units of heredity;
6 
(t) "Genetic resource^' refers to genetic material of actual or potential value;
7 
(u) "Gratuitouspermit' refers to the permit issued to any person to collect wildlife
8 
for non-commercial scientific, or educational undertaking;
9 
(v) "Habitat" refers to the place or environment where species or subspecies
10 
naturally occurs or has naturally established its population;
11 
(w) 
"Importpermit' refers to a permit authorizing a person to bring in wildlife,
12 
wildlife by-products or derivatives from another country;
13 
(x) "Indigenous wiidiiM' refers to species or subspecies of wildlife naturally
14 
occurring or has naturally established population in the country;
15 
(y)"Introductiorl' refers to bringing of species into the wild that is outside its
16 
natural habitat;
17 
(z) "Introduction from the sed' refers to the transportation into the country of
18 
specimens of any species which were taken in the marine environment not under the
19 
jurisdiction of any State;
20 
(aa) "Invasive aiien specie^ or "IAS' refers to species whose introduction
21 
and/or spread outside their natural past or present distribution threatens biological
22 
diversity;
23 
(bb) "Locai transport permit' refers to a permit authorizing a person to bring
24 
wildlife from one place to another within the territorial jurisdiction of the Philippines"
25 
(cc) "Maitreatmenf refers to the commission of torture or any form of cruelty
26 
to any wildlife, or omission or neglect to provide adequate care, sustenance or shelter to
27 
wildlife;
28 
(dd) "Near threatened specied' refers to a species or subspecies that is not
29 
critically endangered, endangered nor vulnerable but is under threat from adverse
30 
factors, such as over collection, throughout their range and is likely to move to the
31 
vulnerable category in the near future;
32 
{ee)"Other wiidiife specied' refers to all other wildlife species not classified as
33 
threatened or near-threatened;
34 
(ff) "PersorV refers to a natural or juridical person;
35 
(gg)"A?s5es5A9//' refers to both actual possession or immediate physical control
36 
over wildlife, or wildlife by-products or derivatives, and to constructive possession or


1 
ownership or control over the place or conveyance where the wildlife, or wildlife by-
2 
products or derivatives are found;
3 
(hh) "Re-export permit' refers to a permit authorizing a person to bring out of
4 
the country a previously imported wildlife, wildlife by-products or derivatives;
5 
(ii) "Secretary/Secretarief refers to either or both the Secretary of the DENR and
6 
the Secretary of DA.
7 
(ii) "Shipper"refers to a person that sends or transports goods by sea, land, or air.
8 
(kk) "Special Local Transport Permit' refers to a permit conferred to holders of
9 
Wildlife Special Use Permit (WSUP) authorizing the conveyance of wildlife, by-products
10 
and/or derivatives from the facility of origin to one or more places within the Philippines
11 
and back to the facility of origin;
12 
(II) "Threatenedspecie^' refers to species or subspecies considered as critically
13 
endangered, endangered, vulnerable or other accepted categories of wildlife whose
14 
population is at risk of extinction;
15 
(mm) "Tradd' refers to the act of engaging in the exchange, exportation or
16 
importation, purchase or sale of wildlife, their derivatives or by-products, locally or
17 
internationally;
18 
(nn) " Traditional usd' refers to the utilization of wildlife by indigenous people in
19 
accordance with written or unwritten rules, usage, customs and practices traditionally
20 
observed, accepted and recognized by them;
21 
(oo) " Vulnerable specied' refers to species or subspecies that is not critically
22 
endangered nor endangered but is under threat from adverse factors throughout their
23 
range and Is likely to move to the endangered category in the near future;
24 
(pp) "Wiidiifd' refers to wild forms and varieties of flora and fauna, in all
25 
developmental stages, including those which are in captivity or are being bred or
26 
propagated;
27 
(qq) "Wildlife collector's permit' refers to a permit to take, gather or harvest
28 
from the wild certain species and quantities of wildlife as parental stocks for commercial
29 
breeding purposes;
30 
(rr)" Wildlife farm/culture permit' refers to a permit to develop, operate and
31 
maintain a wildlife breeding farm for conservation, trade and/or scientific purposes;
32 
(ss) "Wildlife local trade permit' refers to a permit authorizing a person to sell
33 
or offer for sale, wildlife, wildlife by-products and derivatives;
34 
(tt)" Wildlife laundering' refers to the process by which wildlife traders disguise the
35 
origin and ownership of illegally acquired wildlife by making such appear to have been
36 
derived from a legitimate source to circumvent wildlife laws and regulations;


1 
(uu) "Wildlife Rescue Center" refers to government established or designated
2 
repositories of confiscated, donated, retrieved, or turned-over wildlife or an establishment
3 
where sick, injured, confiscated wiidiife are temporarily kept and rehabilitated prior to the
4 
release to their natural habitat or implementation of other modes of disposition as may
5 
be authorized by the Secretary or the PCSD;
6 
(w) "Wildlife registratiori' refers to the act of entering in the official records
7 
wildlife, by-products and derivatives and granting authority to any person to maintain
8 
said wildlife, by-products and derivatives;
9 
(ww) "Wildlife Special Use Permit' refers to a permit authorizing the holder
10 
thereof to utilize legally possessed/acquired wildlife, by-products and derivatives for local
11 
shows, exhibitions, or educationai purposes or to collect economically important species
12 
for direct trade purposes;
13 
(xx) "Zoological Park' or "Zod' refers to an establishment where a coilection of
14 
wild fauna Is maintained for recreational, educational, research, conservation or scientific
15 
purposes.
16
17 
CHAPTER III
18 
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
19
20 
SEC. 6. Wildlife Information. - Ali activities, as subsequently manifested under
21 
this Chapter, shali be authorized by the Secretary or PCSD upon proper evaluation of best
22 
available information or scientific data showing that the activity is, or for a purpose, not
23 
detrimental to the survival of the species or subspecies involved and/or their habitat. For
24 
this purpose, the Secretary shall regularly update wildlife information through research.
25 
The DENR, DA and PCSD shall establish their respective Nationai Wildlife
26 
Management Committees (NWMCs) to provide technicai and scientific advice on wiidiife.
27 
Each NWMC shail be composed of representatives from the DENR, DA or PCSD, other
28 
concerned government agencies, and locai scientists with expertise on various fieids of
29 
discipline on wiidiife. The NWMC shail invite other stakehoiders as resource persons, when
30 
necessary. The DENR, DA or PCSD shail act as Chairperson of their respective NWMC.
31 
The DENR and DA shali establish Regional Wildlife Management Committees
32 
(RWMCs) to provide technical and scientific advice on wiidiife to DENR and DA fieid
33 
offices.
34 
SEC. 7. Biosafety- All activities dealing on genetic engineering and pathogenic
35 
organisms in the Philippines, as weli as activities requiring the importation, introduction,
36 
fieid reiease and breeding of organisms that are potentialiy harmful to man and the


1 
environment shall be reviewed by the DENR, DA-BFAR or PCSD in accordance with the
2 
biosafety guidelines ensuring public welfare and the protection and conservation of
3 
wildlife and their habitats.
4 
SEC. 8. Economically Important Species. - The DENR, DA, and PCSD shall
5 
establish a list of economically-important species. Where appropriate, a population
6 
assessment of such species shall be conducted within a reasonable period and shall be
7 
regularly reviewed and updated by the Secretary.
8 
The collection of certain species shall only be allowed when the results of the
9 
assessment show that, despite certain extent of collection, the population of such species
10 
can still remain viable and capable of recovering its numbers. For this purpose, the
11 
Secretary shall establish a schedule and volume of allowable harvests.
12 
Whenever an economically important species become threatened, any form of
13 
collection shall be prohibited except for scientific, educational or breeding/propagation
14 
purposes, pursuant to the provisions of this Act.
15 
SEC. 9. Invasive Alien Species. - The DENR, DA and PCSD shall manage
16 
invasive alien species (IAS) and formulate a National Invasive Alien Species Strategy and
17 
Action Plan (NISSAP) on the prevention, detection, eradication, control of, and
18 
rehabilitation from, invasive alien species, particularly those having the greatest impacts
19 
on the environment, biodiversity, human health and livelihoods. Within one (1) year after
20 
the effectivity of this Act, the Secretary and the PCSD, shall jointly establish a list of
21 
invasive and potentially invasive alien species.
22 
The list of IAS and the NISSAP shall be periodically reviewed and updated.
23 
All national government agencies and local government units shall coordinate with
24 
the DENR, DA and PSCD in the implementation and localization of the strategy and action
25 
plan.
26 
SEC. 10. Designation of Management and Scientific Authorities for
27 
International Trade in Endangered Species of Wild Fauna and Flora. - For the
28 
implementation of International agreement on international trade in endangered species
29 
of wild fauna and flora, the management authorities for terrestrial and aquatic resources
30 
shall be the Biodiversity Management Bureau (BMB) of the DENR and the Bureau of
31 
Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province
32 
of Palawan the implementation hereof is vested to the Palawan Council for Sustainable
33 
Development pursuant to Republic Act No. 7611.
34 
To provide advice to the management authorities, there shall be designated
35 
scientific authorities for terrestrial and aquatic/marine species. For the terrestrial species,
36 
the scientific authorities shall be the Ecosystems Research and Development Bureau


1 
(ERDB) of the DENR, the University of the Philippines (U.P.) Institute of Biological
2 
Sciences, U.P. Institute of Biology and the National Museum and other agencies as may
3 
be designated by the Secretary. For the marine 
and aquatic species, the scientific
4 
authorities shall be the National Fisheries Research and Development Institute (NFRDI),
5 
U.P. Marine Science Institute, U.P. Visayas, Silliman University, the National Museum and
6 
other agencies as may be designated by the Secretary: Provided, That in the case of
7 
terrestrial species, the ERDB shall chair the scientific authorities, and in the case of marine
8 
and aquatic species, the NFRDI shall chair the scientific authorities.
9 
SEC. 11. Collection of Wildlife. - Collection of wildlife may be allowed in
10 
accordance with Section 6 of this Act: Provided, That in the collection of wildlife,
11 
appropriate and acceptable wildlife collection techniques with least or no detrimental
12 
effects to the existing wildlife populations and their habitats shall, likewise, be required:
13 
Provided/ further. That collection of wildlife by indigenous people in their ancestral
14 
land/domain may be allowed for traditional use and not primarily for profit: Provided,
15 
furthermore, That collection of aquatic wildlife resources by indigenous people are subject
16 
to conditions to be provided by the Secretary of the Department of Agriculture: Provided,
17 
stm furthermore. That collection and utilization for said purpose shall not cover threatened
18 
species: Provided, finally. That Section 21 of this Act shall govern the collection of
19 
threatened species.
20 
SEC. 12. Possession of Wildlife. - No person or entity shall be allowed
21 
possession of wildlife unless such person or entity can prove financial and technical
22 
capability, including scientific knowledge, and facility to maintain said wildlife: Provided,
23 
That the wildlife was not obtained in violation of this Act or other laws.
24 
SEC. 13. Collection and/or Possession of By-Products and Derivatives. -
25 
The collection and/or possession of by-products and derivatives may be allowed:
26 
Provided, That the same was not obtained in violation of this Act or other laws.
27 
SEC. 14. Local Transport of Wildlife, By-Products and Derivatives. - Local
28 
transport of wildlife, by-products and derivatives legally collected or possessed shall be
29 
authorized unless the same is prejudicial to the wildlife and public health.
30 
SEC. 15. Exportation and/or Importation of Wildlife, By-Products and
31 
Derivatives. - Wildlife, by-products and derivatives may be exported to or imported
32 
from another country as may be authorized by the Secretary or the PCSD or their
33 
designated representatives, subject to strict compliance with the provisions of this Act
34 
and the rules and regulations promulgated pursuant thereto: Provided, That the recipient
35 
of live wildlife has technical and financial capacity to maintain it: Provided, further. That
36 
the importation of invasive alien species shall not be allowed.


1 
SEC. 16. Introduction, Reintroduction or Restocking of Endemic or
2 
Indigenous Wiidiife. - The introduction, reintroduction or restocking of endemic and
3 
indigenous wildlife shall be allowed only for population enhancement or recovery
4 
purposes subject to prior clearance from the Secretary or the authorized representative
5 
pursuant to Section 6 of this Act.
6 
Any proposed introduction shall be subject to a scientific study which shall focus
7 
on the bioecology and natural history as well as the conduct of public consultations with
8 
concerned individuals or entities.
9 
SEC. 17. Introduction of Exotic Wiidiife. - No exotic species shall be
10 
introduced into the country without a clearance from the Secretary or PCSD or their
11 
authorized representatives. In no case shall exotic species be introduced into protected
12 
areas covered by R.A. No. 7586 and R.A. No. 11038 and to critical habitats under Section
13 
27 hereof: Provided, That the introduction of such exotic species shall not pose any
14 
adverse impacts on local ecology and that further environmental impact study shall be
15 
undertaken which shall focus on the bioecology, natural history, socioeconomic and
16 
related aspects of the area where the species will be introduced. The proponent shall also
17 
be required to secure the free and prior informed consent from concerned indigenous
18 
people (IP) communities as well as to conduct public consultation with local stakeholders.
19 
SEC. 18. Bioprospecting. - Bioprospecting shall be allowed upon execution of
20 
an undertaking by any proponent, stipulating therein its compliance with and commitment
21 
to reasonable terms and conditions that may be imposed by the Secretary or the PCSD
22 
which are necessary to protect biological diversity and ensure fair and equitable sharing
23 
of benefits derived from the utilization of Philippine genetic resources.
24 
Before any permit shall be granted by the Secretary or the PCSD or their authorized
25 
representatives, the proponent shall secure the prior informed consent from the
26 
concerned indigenous cultural communities, local communities, the Protected Area
27 
Management Board under Republic Act Nos. 7586 and 11038, or from any affected
28 
person. The applicant shall fully disclose the intent and scope of the bioprospecting
29 
activity in a language and process understandable to the community.
30 
Whenever applicable and appropriate, a local institution shall be tapped to be
31 
involved in the research, collection and technological development of the product/s
32 
derived from the biological and genetic resources.
33 
Upon submission of the complete requirements, the Secretary or PCSD shall act
34 
on the research proposal within a reasonable period of time.
35 
SEC. 19. Scientific Researches on Wiidiife. - Collection and utilization of
36 
biological resources for scientific research, not for commercial purposes, shall be allowed


1 
upon execution of an undertaking/agreement and/or issuance of a gratuitous permit by
2 
the Secretary or the authorized representative: Provided, That ciearance from concerned
3 
bodies shail be secured before the issuance of the gratuitous permit: Provided, That
4 
speciai conditions to faciiitate the conduct of scientific research by Fiiipino students may
5 
be provided by the Secretary or PCSD.
6 
Whenever appiicabie and appropriate, a iocal institution shaii be tapped to be
7 
invoived in the research, coiiection and technoiogicai development of the product/s
8 
derived from the bioiogical and genetic resources.
9 
SEC. 20. Commercial Breeding or Propagation of Wildlife Resources. -
10 
Breeding or propagation of wiidiife for commerciai purposes shaii be aiiowed by the
11 
Secretary or PCSD or their authorized representatives pursuant to Section 6 of this Act
12 
through the issuance of wiidiife farm/cuiture permit: Provided, That oniy propagated
13 
flora, progenies of wiid fauna raised, and/or specimens there from, as weii as
14 
unproductive parent stock shaii be utiiized for trade: Provided, further, That commerciai
15 
propagation and breeding operations for wiidiife, whenever appropriate, shaii be subject
16 
to an environmentai impact study.
17 
SEC. 21. Collection of Threatened Wildlife, By-products and Derivatives.
18 
- The collection of threatened wildlife, as determined and listed pursuant to this Act,
19 
including Its by-products and derivatives, shall be allowed only for scientific, or breeding
20 
or propagation purposes in accordance with Section 6 of this Act: Provided, That only
21 
persons accredited by the Secretary or PCSD shall be allowed to collect for conservation
22 
breeding or propagation purposes.
23 
SEC. 22. Conservation Breeding or Propagation of Threatened Species. -
24 
Conservation breeding or propagation of threatened species shall be encouraged in order
25 
to enhance its population in its natural habitat. It shall be done simultaneously with the
26 
rehabilitation and/or protection of the habitat where the captive-bred or propagated
27 
species shall be released, reintroduced or restocked.
28 
SEC. 23. Commerciai Breeding or Propagation of Threatened Species. -
29 
Commercial breeding or propagation of threatened species may be allowed provided that
30 
the following minimum requirements are met by the applicant, to wit:
31 
(a) Proven effective breeding and captive management techniques for the species;
32 
and
33 
(b) Commitment to undertake commercial breeding in accordance with Section 20
34 
of this Act, simultaneous with conservation breeding.
35 
The Secretary or PCSD shall prepare a list of threatened species for commercial
36 
breeding and shall regularly revise or update such list or as the need arises.
10


1
2
3
4
SEC. 24. Authority of the Secretary to Issue Permits, - The Secretary, or 
the duly authorized representative, and the PCSD, shall issue 
permits/certifications/clearances with corresponding periods of validity according to the 
following:
(1) Wildlife farm or culture permit
3 to 5 years;
(2) Wildlife collector's permit
(3) Gratuitous permit
1 to 3 years;
1 to 3 years;
(4) Local transport permit
not more than 3 months;
(5) Special Local Transport Permit
not more than 3 months
10
11
12
(6) Wildlife Local Trade Permit
(7) Wildiife Special Use Permit
(8) Export/Import/Re-export Permit
1 year
1 to 3 years
1 to 6 months;
13
(9) Certificate of Introduction from the Sea 1 to 6 months
14 
Such permits may be renewed subject to the guidelines to be issued by the
15 
appropriate agency and upon consultation with concerned groups.
16 
SEC 25. Authority to Collect Fees and Charges. - The Secretary or PCSD are
17 
hereby authorized to impose and collect reasonable fees and charges as may be
18 
determined upon consultation with the concerned groups, and in the amount fixed by the
19 
Secretary or PCSD for the issuances of permits enumerated in the preceding section.
20 
For the export of wildlife species, an export permit fee of not greater than five
21 
percent (5%) of the export value, excluding transport costs, shall be charged: Provided,
22 
however, That in the determination of aforesaid fee, the production costs shall be given
23 
due consideration. Cutflowers, leaves and the like, produced from farms shall be
24 
exempted from the said export fee: Provided, further. That fees and charges shall be
25 
reviewed by the Secretary every two (2) years or as the need arises and revise the same
26 
accordingly, subject to consultation with concerned sectors: Provided, furthermore. That
27 
the Secretary or PCSD may impose an import permit fee based on import value and/or
28 
valuation of potential risks to biodiversity and human health: Provided, finally. That fees
29 
and charges under international agreements shall be borne by the applicant.
11


1 
SEC. 26. Determination of Threatened Species. - The Secretary or PCSD
2 
shall determine whether any wildlife species or subspecies is threatened, and classify the
3 
same as critically endangered, endangered, vulnerable or other accepted categories
4 
based on the best scientific data and with due regard to internationaily accepted criteria,
5 
including but not limited to the foiiowing:
6 
(a) present or threatened destruction, modification or curtailment of its habitat or
7 
range;
8 
(b) over-utilization for commerciai, recreational, scientific or educationai purposes;
9 
and
10 
(c) other natural or man-made factors affecting the existence of wiidlife.
11 
The Secretary or PCSD shall review, revise and pubiish the list of categorized
12 
threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the iist shali
13 
be updated regulariy or as the need arises: Provided, That a species listed as threatened
14 
shali not be removed therefrom within three (3) years following its initial listing.
15 
Upon filing of a petition based on substantial scientific information of any person
16 
seeking for the addition or deletion of a species from the list, the Secretary or PCSD shali
17 
evaluate in accordance with the relevant factors stated in the first paragraph of this
18 
section, the status of the species concerned and act on said petition within a reasonabie
19 
period of time.
20 
SEC. 27. Registration of Threatened and Exotic Wiidiife in the Possession
21 
of Private Persons. - Threatened and exotic wiidlife possessed without a Certificate of
22 
Wildlife Registration shall be confiscated in favor of the government and subject to the
23 
penaities herein provided. Certificates of Wiidiife Registration shall be issued oniy for the
24 
foliowing:
25 
(a) Wiidiife stock acquired under a prior valid wiidiife permit issued to the same
26 
applicant, including but not limited to wiidlife import permits or certifications, wiidlife
27 
coilector's permit, subject to submission of proof of legal acquisition;
28 
(b) Wiidiife stock purchased or otherwise acquired from legai sources subject to
29 
submission of proof of legal acquisition: Provided, That the sale or disposition of the
30 
stock to the applicant was duly reported to the DENR, DA or PCSD by the source;
31 
Provided, further, That, the wildlife soid or disposed are limited to those ailowable under
32 
Sections 20 and 23 of this Act; and
33 
(c) Progenies or offspring of duiy registered parental wildlife stocks.
34 
Possession of registered wiidiife species shall be subject to the conditions under
35 
Section 12. When a registered threatened species is needed for breeding, propagation or
36 
research purposes, the State may acquire the registered wildlife from any person through
12


1 
a mutually acceptable arrangement. (26a)
2 
SEC. 28. Establishment of Critical Habitats. - The Secretary or PCSD shall
3 
designate critical habitats outside protected areas under R.A Nos. 7586 and 11038 where
4 
threatened species are found. Such designation shall be made on the basis of the best
5 
scientific data taking into consideration species endemicity and/or richness, presence of
6 
man-made pressures/threats to the survival of wildlife living in the area, among others.
7 
All designated critical habitats shall be protected, in coordination with the local
8 
government units and other concerned groups, from any form of exploitation or
9 
destruction which may be detrimental to the survival of the threatened species dependent
10 
therein. For such purpose, the Secretary or PCSD may acquire, by purchase, donation or
11 
expropriation, lands, or interests therein, including the acquisition of usufruct,
12 
establishment of easements or other undertakings appropriate in protecting the critical
13 
habitat.
14 
CHAPTER IV
15 
WILDLIFE CRIME, PENALTIES AND ADMINISTRATIVE ADJUDICATION
16
17 
SEC. 29. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it
18 
shall be unlawful for any person to willfully and knowingly undertake, or to induce, solicit
19 
or employ another person to undertake, the following acts:
20 
(a) killing and/or destroying wildlife species, including causing death or destruction
21 
as a result of any violation of this Act, except in the following instances;
22 
(i) when it is done as part of the religious rituals of established tribai groups
23 
or indigenous cultural communities;
24 
(ii) when the wildlife is afflicted with an incurable communicable disease;
25 
(iii) when it is deemed necessary to put an end to the misery suffered by the
26 
wildlife;
27 
(iv) when it is done to prevent an imminent danger to the life or limb of a
28 
human being;
29 
(v) when the wildlife is killed or destroyed after it has been used in authorized
30 
research or experiments; and
31 
(vi) when done for the purpose of wildlife population management or
32 
eradication of invasive alien species, as authorized by the DENR, DA or
33 
PCSD."
34 
(b) inflicting injury which cripples and/or impairs the reproductive system of
35 
wildlife species;
36 
(c) effecting any of the following acts in critical habitat(s):
13


1 
(i) dumping of waste products detrimental to wildlifeand/or the critical
2 
habitat;
3 
(ii) squatting or otherwise illegally occupying any portion of the critical
4 
habitat;
5 
(ill) mineral exploration and/or extraction, treasure-hunting and/or
6 
prospecting;
7 
(iv) burning;
8 
(v) logging;
9 
(vi) quarrying.
10 
(vii) land reclamation;
11 
(viii) disturbing wildlife;
12 
(ix) introduction of substance that endangers the habitat or render habitat
13 
no longer viable for wildlife
14 
(d) introduction, reintroduction or restocking of wildlife resources;
15 
(e) trading or attempting to trade wildlife, wildlife by-products and/or derivatives,
16 
including advertising, contracting or offering for the purpose of sale or procurement of
17 
wildlife, wildlife by-products and/or derivatives;
18 
(f) collecting, hunting or possessing wildlife, wildlife by-products and/or
19 
derivatives;
20 
(g) gathering or destroying of active nests, nest trees, host plants and 
the like;
21 
(h) maltreating and/or inflicting other 
Injuries not covered 
by the preceding
22 
paragraphs;
23 
(i) transporting of wildlife;
24 
0) wildlife laundering; and
25 
(k) destruction of wildlife habitat.
26 
Provided that when three or more individuals cooperated and work together in
27 
committing any of violations of letters (a), (e), (f), (i), and (j); involving one hundred or
28 
more specimens of threatened species or two hundred or more specimens of non-
29 
threatened species, either for international trade or transaction or involving wildlife
30 
originated or derived from international trade or transaction, shall be penalized by the
31 
offense of Wildlife Trafficking.
32 
SEC. 30. Penalties for Violations of this Act - For any person who undertakes
33 
illegal acts under paragraph (a) of the immediately preceding section to any species as
34 
may be categorized pursuant to this Act, the following penalties and fines shall be
35 
imposed:
36 
(a) imprisonment of reclusion temporal12 years and 1 day to 20 years) and
14


1 
a fine of Two hundred thousand pesos (P200,000.00) to Two million pesos
2 
(P2/000,000.00)/ if Inflicted or undertaken against species listed as critically
3 
endangered;
4 
(b) imprisonment of prision mayor6 years and 1 day to 12 years) and a fine
5 
of One hundred thousand pesos (P100,000.00) to One Million (Pl,000/000.00) if
6 
inflicted or undertaken against endangered species;
7 
(c) imprisonment of prision correcclonal'm Its medium and maximum period (From
8 
2 years, 4 months and 1 day to 6 years) and a fine of Sixty thousand pesos
9 
(P60,000.00) to Six hundred thousand pesos (P600,000.00), if inflicted or
10 
undertaken against vulnerable species;
11 
(d) imprisonment of prision correccionalm its minimum period (from 6 months and
12 
1 day to 2 years and 4 months) and a fine of Forty thousand pesos (P40,000.00)
13 
to Four hundred thousand pesos (P400,000.00) if inflicted or undertaken against
14 
near threatened species; and
15 
(e) Imprisonment of prision correccional\x\ its minimum period (from 6 months and
16 
1 day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00)
17 
to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against
18 
other wildlife species.
19
20 
For illegal acts under paragraph (b) of the immediately preceding section, the
21 
following penalties and fines shall be imposed:
22 
(1) imprisonment of prision correccionai in its maximum period (from 4 years, 2
23 
months and 1 day to 6 years) and a fine of One hundred thousand pesos
24 
(P100,000.00) to One Million pesos (P1,000,000.00), if Inflicted or undertaken
25 
against species listed as critically endangered;
26 
(2) imprisonment of prision correccionai in its medium period (from 2 years, 4
27 
months and 1 day to 4 years and 2 months) and a fine of Sixty thousand pesos
28 
(P60,000.00) to Four hundred thousand pesos (P400,000.00), if inflicted or
29 
undertaken against endangered species;
30 
(3) imprisonment of prision correccionaim its minimum period (from 6 months and
31 
1 day to 2 years and 4 months) and a fine of Forty thousand pesos (P40,000.00)
32 
to Four hundred thousand pesos (P400,000.00), if inflicted or undertaken against
33 
vulnerable species;
34 
(4) imprisonment of prision correccionai\o Its minimum period (from 6 months and
35 
1 day to 2 years and 4 months) and fine of Twenty thousand pesos (P20,000.00)
36 
to Onehundred thousand pesos (P100,000.00), if inflicted or undertaken against
15


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
near threatened species; and
(5) imprisonment of arresto mayor {from 1 month and 1 day to 6 months) and a 
fine of Ten thousand pesos (P10/000.00) to Forty thousand pesos (P40/000.00)/ if 
inflicted or undertaken against other wiidiife species.
For iiiegai acts under paragraphs (c) and (d) of the immediateiy preceding section, 
an imprisonment of arresto mayorto prision mayor\w its minimum period (from 1 month 
and 1 day to 8 years) and a fine of Ten thousand pesos (PIO,000.00) to Ten miiiion pesos 
(PIO,000,000.00) shaii be imposed. If criticai habitat requires rehabiiitation or restoration 
as determined by the Court, the offender shall be additionally required to restore the 
same, whenever practicable, or pay additional compensation for the damage caused.
For illegal acts under paragraph (e), the following penalties and fines shall be 
imposed:
(1) imprisonment of prision correccionai in its maximum period (from 4 years, 2 
months and 1 day to 6 years) and a fine of Fifty thousand pesos (P50,000.00) to 
Six hundred thousand pesos (P600,000.00), if involving species listed as critically 
endangered;
(2) imprisonment of prision correccionai in its medium period (from 2 years, 4 
months and 1 day to 4 years and 2 months)and a fine of Thirty thousand pesos 
(P30,000.00) to Four hundred thousand pesos (P400,000.00), if involving 
endangered species;
(3) imprisonment of prision correccional\n its minimum period (from 6 months and 
1 day to 2 years and 4 months) anda fine of Twenty thousand pesos (P20,000.00) 
to Two hundred thousand pesos (P200,000.00), if involving vulnerable species;
(4) imprisonment of arresto mayor {from 1 month and 1 day to 6 months) and a 
fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos 
(P100,000.00), if involving species listed as near threatened species; and
(5) Imprisonment of arresto menor in its medium period and maximum period 
(from 11 to 30 days) and a fine of Five thousandpesos (P5,000.00) to Forty 
thousand pesos (P40,000.00), if involving other wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately preceding section, 
the following penalties and fines shall be imposed:
(1) imprisonment of prision correccionai in its medium period (from 2 years, 4 
months and 1 day to 4 years and 2 months) and a fine of Sixty thousand pesos
16


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
the
(P60,000.00) to Six hundred thousand pesos (PeOO/OOO.OO), if inflicted or 
undertaken against species listed as critically endangered;
(2) imprisonment of prision correcclonalva its minimum period (from 6 months and 
1 day to 2 years and 4 months) and a fine of Forty thousand pesos (P40/000.00) 
to Four hundred thousand pesos (P400/000.00)/ if inflicted or undertaken against 
endangered species;
(3) imprisonment of prision correcclonalm its minimum period (from 6 months and 
1 day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20/000.00) 
to Two hundred thousand pesos (P200/000.00)/ if inflicted or undertaken against 
vulnerable species;
(4) imprisonment of arresto mayor 1 month and 1 day to 6 months) and a 
fine of Ten thousand pesos (P10/000.00) to One hundred thousand pesos 
(P100/000.00), if inflicted or undertaken against species as near threatened 
species; and
(5) imprisonment of arresto manor in its medium period and maximum period 
(from 11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten 
thousand pesos (P10/000.00), if inflicted or undertaken against other wildlife 
species: Provided, That in case of paragraph (f), where the acts were perpetuated 
through the means of inappropriate techniques and devices, the maximum penalty 
herein provided shall be imposed.
For illegal acts under paragraphs (h) and (i) of the immediately preceding section, 
following penalties and fines shall be imposed:
(1) imprisonment of prision correccionailn its minimum period (from 6 months and 
1 day to 2 years and 4 months) and a fine of One hundred thousand pesos 
(P100,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or 
undertaken against species listed as critically endangered;
(2) imprisonment of arresto mayoAxx its maximum period (from 4 months and 1 
day to 6 months) and a fine of Forty thousand pesos (P40,000.00) to One hundred 
thousand pesos (P100,000.00), if inflicted or undertaken against endangered 
species;
(3) imprisonment of arresto mayor in its minimum and medium period(from 1 
month to 4 months) and a fine of Ten thousand pesos (P10,000.00) to Forty 
thousand pesos (P40,000.00), if inflicted or undertaken against vulnerable species;
(4) imprisonment of arresto manor in its medium period and maximum period 
(from 11 to 30 days) and a fine of Two thousand pesos (P2,000.00) to Ten
17


1 
thousand pesos (P10/000.00), if inflicted or undertaken against species listed as
2 
near threatened species;
3 
(5) imprisonment of arresto manor\x\ its minimum period (from 1 to 10 days) anda
4 
fine of Five hundred pesos (P500.00) to Two thousand pesos (P2,000.00)/ if
5 
inflicted or undertaken against other wildlife species.
6
7 
For illegal acts under paragraph (j) of the immediately preceding section, the
8 
following penalties and fines shall be imposed:
9 
(1) imprisonment of prislon correcciona! in its maximum period (from 4 years, 2
10 
months and 1 day to 6 years) and a fine of Fifty thousand pesos (P50,000.00) to
11 
Six hundred thousand pesos (P600,000.00), if involving species listed as critically
12 
endangered;
13 
(2) Imprisonment of prision correcciona! in its medium period (from 2 years, 4
14 
months and 1 day to 4 years and 2 months) and a fine of Thirty thousand pesos
15 
(P30,000.00) to Four hundred thousand pesos (P400,000.00), if involving
16 
endangered species;
17 
(3) imprisonment of prislon correcciona!\n its minimum period (from 6 months and
18 
1 day to 2 years and 4 months) and a fine of Twenty thousand pesos (P20,000.00)
19 
to Two hundred thousand pesos (P200,000.00), if involving vulnerable species;
20 
(4) imprisonment of arresto mayor (from 1 month and 1 day to 6 months) and a
21 
fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos
22 
(P100,000.00), if involving species listed as near threatened species; and
23 
(5) imprisonment of arresto manor in its mendium period and maximum period
24 
(from 11 to 30 days) and a fine of Five thousand pesos (P5,000.00) to Forty
25 
thousand pesos (P40,000.00), if involving other wildlife species.
26 
SEC. 31. Additional Criminal Liabilities. - (a) If the violation is committed by
27 
a corporation, cooperative, association or any other juridical person, such as but not
28 
limited to airfreight, shipping, trucking or forwarding companies, the penalty shall be
29 
imposed upon the president, director or directors, managers, managing partner, or other
30 
official thereof responsible for such violation. Provided, That the amount/s of the fine
31 
shall be doubled; Provided, further, That the liability imposed on the juridical person shall
32 
be without prejudice to the criminal liability of the natural person who actually committed
33 
the offense.
34 
(b) Any government official or employee who violates this Act, shall, in addition to
35 
the penalty which may be imposed upon him as principal, shall be perpetually disqualified
36 
from holding any public office.
18


1 
(c) Any person convicted of a violation of this Act shall be permanently and
2 
perpetually disqualified from being issued with any wildlife permits, clearances,
3 
agreements and/or certificates.
4 
SEC. 32. Civil Liabilities. - Civil action for the recovery of civil liability arising
5 
from the offense charged shall be Included in the criminal action or separately filed. Civil
6 
liabilities are separate from criminal and administrative liabilities and shall include costs
7 
for maintenance of apprehended live wildlife species, economic reparations, or
8 
indemnification or repairing environment damage, among others.
9 
SEC. 33. Escalation of the Amount of Fines. - The fines herein prescribed
10 
shall automatically increase, without need for further legislation or administrative
11 
issuance, by ten percent (10%) every three (3) years from the effectivity of this Act to
12 
maintain the deterrent function of such fines.
13 
SEC. 34. Disputable Presumptions. - Without the appropriate wildlife permit,
14 
certification or clearance, or authority, at the time of apprehension, the following shall
15 
constitute prima fade evidence of the corresponding illegal acts punishable under this
16 
Act:
17 
(a) Possession of any hunting, trapping or collecting paraphernalia along with live
18 
or dead wildlife, wildlife products and derivatives shall be a disputable presumption that
19 
the possessor caused the killing and/or destruction, infliction of injury, maltreatment,
20 
collection, hunting of wildlife, wildlife by-products and/or derivatives, as appropriate;
21 
(b) Presence of fresh and/or dried blood, by-products or derivatives of the wildlife,
22 
with or without the tools, equipment and/or paraphernalia derivatives, shall be a
23 
disputable presumption of the killing and/or destruction of, or inflicting injury to, the
24 
wildlife species involved;
25 
(c) Entry into areas designated as critical habitats while in possession of hunting,
26 
trapping or collecting paraphernalia shall be a disputable presumption that the person
27 
intends to collect, hunt or gather wildlife resources thereat; and
28 
(d) Failure on the part of any airfreight, shipping, trucking or forwarding company,
29 
or any parcel or mail delivery service providers from whose possession the wildlife, wildlife
30 
by-products and/or derivatives are discovered or seized to fully cooperate in the
31 
investigation by concerned government authorities on the matter shall create a
32 
presumption that there is connivance or conspiracy between the company/service
33 
provider and the shipper to violate the provisions of this Act.
34 
SEC. 35. Qualifying Circumstances. - Each wildlife specimen shall constitute
35 
a separate and distinct count of an illegal act. The imposition of penalties shall be qualified
36 
according to the following circumstances:
19


1 
(a) If more than one (1) specimen of a critically endangered species is involved,
2 
the maximum penalty shall be imposed;
3 
(b) If more than five (5) of specimens of an endangered species is involved, the
4 
maximum penalty shall be imposed;
5 
(c) If more than eight (8) specimens of a vulnerable species is involved, the
6 
maximum penalty shall be imposed;
7 
(d) If more than ten (10) specimens of a near threatened species is involved, the
8 
maximum penalty shall be imposed;
9 
(e) If more than fifteen (15) specimens of other wildlife species is involved, the
10 
maximum penalty shall be imposed;
11 
(0 If more than twenty (20) wildlife specimens of any classification is involved, the
12 
maximum penalty shall be imposed;
13 
(g) If the prohibited act is committed in a large scale and/or by a syndicate, the
14 
penalty of twice the maximum penalty imposable shall be imposed. A prohibited act is
15 
deemed large scale when the total number of wildlife specimens involved is more than
16 
thirty (30). A prohibited act Is deemed committed by a syndicate if more than three (3)
17 
persons are involved;
18 
(h) If the prohibited act committed involves the inducement of indigenous peoples,
19 
the maximum penalty shall be imposed.
20 
SEC 36. Penalties for Recidivists, - The maximum applicable penalty shall be
21 
imposed upon a recidivist who commits any of the illegal acts punishable under this Act.
22 
A recidivist shall mean a person who, at the time of his or her trial for a violation of this
23 
Act, shall have been previously convicted by final judgment of the same or another
24 
violation of this Act.
25 
SEC 37. Liability under Other Laws. - Prosecution for violation of this Act shall
26 
be without prejudice to the prosecution of the offender for violation of other laws, rules
27 
and regulations.
28 
SEC. 38. Authority to Adjudicate and Administer Penalties. - The Secretary
29 
or PCSD or their respective authorized representatives are authorized to exercise
30 
administrative adjudication confiscation and forfeiture powers, including the power to cite
31 
in contempt, in all cases of violations of this Act and may impose administrative sanctions
32 
such as payment of fines, and/or order the suspension or cancellation of existing wildlife
33 
permits and disqualification from issuance of future permits, the closure of establishment,
34 
and/or the confiscation and forfeiture of all wildlife, wildlife by-products and/or
35 
derivatives, and all paraphernalia, tools and conveyances used in connection with the
36 
violation, and to dispose of the same in accordance with pertinent laws, regulations or
20


1 
policies on the matter. The Secretary or PCSD or their respective authorized
2 
representatives may, after due notice and hearing, cancel or suspend wildlife permits,
3 
clearances, agreements and/or certificates due to violation of this Act, its implementing
4 
rules and regulations, and/or the terms of the permits, agreements or certificates. The
5 
Secretary or PCSD shall issue appropriate procedural rules and regulations on
6 
administrative adjudication of violations of this Act.
7
8 
CHAPTER V
9 
WILDLIFE LAW ENFORCEMENT
10
11 
SEC. 39. Creation ofPIantiila Positions for Wiidiife Law Enforcement -
12 
The DA, DENR and PCSD are hereby authorized to create, subject to existing guidelines,
13 
permanent positions of Wildlife Enforcement Agents, or designate their existing
14 
permanent employees as such from their respective enforcement units. Such Wildlife
15 
Enforcement Agents shall have full authority to conduct enforcement activities to enforce
16 
the provisions of this Act such as, but not limited to, the conduct of surveillance activities,
17 
investigation, application and implementation of search warrants, arrests of violators and
18 
seizures of illegally possessed, collected, traded or transported wildlife, their by-products
19 
and derivatives including the conveyances, tools and implements used thereto. Wildlife
20 
Enforcement Agents are authorized to carry their agency's badge and government
21 
firearms in the conduct of their duties, subject to the existing rules on firearms and after
22 
proper training from any government facility.
23 
SEC. 40. Deputation of Wiidiife Enforcement Officers. - The Secretary and
24 
PCSD shall deputize wildlife enforcement officers from nongovernment organizations,
25 
citizens groups, community organizations, local government units and other volunteers
26 
who have undergone necessary training for this purpose. The Philippine National Police
27 
(PNP), the National Bureau of Investigation (NBI), the Bureau of Customs and other law
28 
enforcement agencies shall designate wildlife enforcement officers. As such, the wildlife
29 
enforcement officers shall have the full authority to seize illegally traded wildlife and to
30 
arrest violators of this Act subject to existing laws, rules and regulations on arrest and
31 
detention. These agencies may also seek the cooperation of International and Regional
32 
Organizations in the conduct of its investigation and enforcement actions.
33 
SEC. 41. Creation of Wiidiife Traffic Monitoring Units (WTMUs). - The
34 
Secretary shall create wildlife traffic monitoring units in strategic air and seaports all over
35 
the country to ensure the strict compliance and effective implementation of all existing
36 
wildlife laws, rules and regulations, including pertinent international agreements. For this
21


1 
purpose, the DENR, DA or PCSD are authorized to add in their staffing pattern Wildlife
2 
Inspectors, to be assigned at WTMUs, who shall have the same powers and authorities
3 
as of the Wildlife Enforcement Officers. National government agencies with mandates on
4 
transportation and local government units shall provide necessary assistance to such
5 
WTMUs.
6 
Customs officers and/or authorized representatives from other government
7' agencies or instrumentalities such as, but not limited to, those from the Office for
8 
Transportation Security (OTS), the Civil Aviation Authority of the Philippines (CAAP),
9 
assigned at air or seaports who may have discovered or Intercepted wildlife commodities
10 
in the discharge of their official functions shall bring such discovery to the attention of,
11 
and/or turn over the intercepted wildlife, wildlife by-products and/or derivatives to, the
12 
wildlife traffic monitoring unit assigned in the area.
13 
SEC. 42. Wildlife Regulatory and Law Enforcement Management
14 
Information System. - The DENR, DA and PCSD shall develop, establish and maintain
15 
a wildlife law enforcement management information system to aid in the monitoring,
16 
regulation, control and surveillance of activities involving wildlife, particularly the
17 
possession, transport and trade of wildlife, wildlife by-products and derivatives.
18 
SEC. 43. Role of Local Government Units. - Local government units shall
19 
support the DENR, DA and PCSD in the implementation of this Act. Local government
20 
units shall require the presentation of the appropriate and duly issued wildlife permits
21 
and/or clearances by persons engaged in business activities involving wildlife as a pre-
22 
requisite for the issuance or renewal of business permits and other applicable local
23 
government permits and clearances to such persons.
24 
SEC. 44. Public Participation. - The participation of the private citizens in
25 
reporting and providing information on illegal wildlife trade shall be encouraged. Any
26 
private person who shall provide any information leading to the apprehension,
27 
prosecution and/or conviction of any offender for any violation of this Act and its
28 
implementing rules and regulations, or confiscation of wildlife, its derivatives or by-
29 
products, and all paraphernalia, tools and conveyances used in connection with the
30 
violation, may be given a reward in an amount to be determined through a policy
31 
guideline issued by the Secretary or the PCSD.
32 
SEC. 45. Strategic Lawsuit Against Public Participation (SLAPP) in the
33 
Enforcement of this Act. - A legal action filed to harass, vex, exert undue pressure, or
34 
stifle any legal recourse that any person, institution, or the government has taken or may
35 
take in the enforcement of this Act shall be treated as a Strategic Lawsuit Against Public
36 
Participation (SLAPP).
22


1 
The hearing on the defense of a SLAPP shall be summary in nature, the affirmative
2 
defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing.
3 
If the court dismisses the action, the court may award damages, attorney's fees, and
4 
costs of suit under a counterclaim if such has been filed. The dismissal shall be with
5 
prejudice.
6 
If the court rejects the defense of a SLAPP, the evidence adduced during the
7 
summary hearing shall be treated as evidence of the parties on the merits of the case.
8 
The action shall proceed in accordance with the Rules of Court.
9 
The Rules of Procedure for Environmental Cases shall govern the procedure in
10 
civil, criminal, and special civil actions involving the enforcement or violations of this Act
11 
including actions treated as a SLAPP as provided in this section.
12
13 
CHAPTER VI
14 
MISCELLANEOUS PROVISIONS
15
16 
SEC. 46. Wildlife Management Fund. - There is hereby established a Wildlife
17 
Management Fund to be administered by the DENR, DA and PCSD as a special account
18 
in the National Treasury. It shall finance rehabilitation or restoration of habitats affected
19 
by acts committed in violation of this Act and support scientific research, enforcement
20 
and monitoring activities, procurement of vehicles, firearms and ammunitions, as well as
21 
enhancement of capabilities of relevant agencies. The Wildlife Management Fund may
22 
also be used for establishment of intelligence or confidential funds for confidential law
23 
enforcement operations.
24 
The Fund shall be derived from administrative and aiminal fines imposed, civil
25 
liabilities and damages awarded, proceeds from allowable disposition of wildlife, wildlife
26 
by-products and derivatives, fees, charges, donations, endowments, administrative fees
27 
or grants in the form of contributions. Contributions to the Fund shall be exempted from
28 
donor taxes and all other tax charges or fees imposed by the government. The
29 
administrative and criminal fines imposed, civil liabilities and damages awarded shall
30 
accrue to the Wildlife Management Fund of the DA, DENR or PCSD as the case may be.
31 
SEC. 47. Exemption from Taxes. - Any donation, contribution, bequest,
32 
subsidy or financial aid which may be made to the DENR, DA, PCSD and to NGOs and
33 
peoples organizations engaged in wildlife conservation, protection and law enforcement
34 
duly registered with the Securities and Exchange Commission or the Cooperative
35 
Development Authority, as certified by the local government unit, the DENR, DA or PSCD,
36 
for the conservation and protection of wildlife resources and their habitats shall constitute
23


1 
as an allowable deduction from the taxable income of the donor and shall be exempt
2 
from donor's tax.
3 
SEC. 48. Wildlife Rescue Center. - The Secretary shall establish or designate
4 
wildlife rescue centers to take temporary custody and care of all confiscated, abandoned
5 
and/or donated wildlife to ensure their welfare and well-being. Such wildlife rescue
6 
centers shall be staffed by permanent qualified personnel and shall also have the
7 
necessary tools, machines, equipment and facilities consistent with the requirements of
8 
animal health and welfare. The Secretary shall formulate guidelines for the disposition of
9 
wildlife from the rescue centers.
10 
SEC. 49. Establishment of National Wildlife Research Centers. - The
11 
Secretary and PCSD shall establish national and local wildlife research centers, as the
12 
case may be, for terrestrial and aquatic species to lead in the conduct of scientific
13 
researches on the proper strategies for the conservation and protection of wildlife,
14 
including captive breeding or propagation. Such research centers shall be staffed by
15 
permanent qualified personnel and shall also have the necessary tools, machines,
16 
equipment and facilities to conduct forensic analyses and other related capabilities for
17 
wildlife law enforcement. In this regard, the Secretary and PCSD shall establish
18 
partnerships with experts from academic and research institutions and the legitimate
19 
wildlife trade industry.
20 
SEC. 50. Flagship Species. - Local government units shall initiate conservation
21 
measures for wildlife species in their areas. For this purpose, they may adopt flagship
22 
species such as the Cebu black shama {Copsychus cebuensis), tamaraw {Bubatus
23 
mindorensis), 
Philippine tarsier {Tarsius syrichta), Philippine teak {Tectona
24 
phiUppinensis), which shall serve as emblems of conservation for the local government
25 
concerned. The Secretary or PCSD or their authorized representatives may provide
26 
guidelines on the selection of flagship species.
27 
SEC. 51. Heritage Trees. - In coordination with and with assistance from the
28 
DENR or PCSD, local government units shall declare or designate as heritage trees certain
29 
qualified endemic or indigenous tree species within their territorial jurisdiction. The
30 
Secretary or PCSD or their authorized representatives may provide guidelines on the
31 
selection of heritage trees.
32 
SEC. 52. Botanical Gardens, Zoological Parks and Other Similar
33 
Establishments. - The Secretary shall regulate the establishment, operation and
34 
maintenance of botanical gardens, zoological parks and other similar establishments for
35 
recreation, education and conservation.
36 
SEC. 53. Registration of Museum Specimens. - Except for the National
24


1 
Museum, all other museums and similar establishments displaying wildlife by-products
2 
and derivatives for public viewing shall register said specimens with the DENR, DA or
3 
PCSD, as the case may be.
4 
SEC. 54. Communication, Education, Pubiic Awareness and Information
5 
Sharing. - The DENR, DA, PCSD and the Office of Special Envoy for Transnational Crimes
6 
(OSETC) shall undertake wildlife information awareness and wildlife crime prevention
7 
activities in coordination with and with assistance from the other national agencies and
8 
local government units. These agencies shall facilitate information sharing with other
9 
national agencies and pertinent agencies of the ASEAN and ASEAN member countries to
10 
further aid enforcement of the wildlife protection laws and address and deter wildlife
11 
trafficking and illegal wildlife trade.
12
13 
CHAPTER VII
14 
FINAL PROVISIONS
15
16 
SEC. 55. Appropriations, - The amount of Fifty million pesos
17 
(PhP50,000,000.00) shall be appropriated annually for the implementation of this Act. It
18 
shall be proportionately distributed to DENR, DA and PCSD.
19 
SEC. 56. Impiementing Ruies andReguiations. - Within twelve (12) months
20 
following the effectivity of this Act, the Secretaries shaii jointiy promulgate the
21 
implementing rules and regulations for the effective implementation of this Act. Whenever
22 
appropriate, coordination in the preparation and implementation of rules and regulations
23 
on joint and inseparable issues shall be done by the DENR, DA and PCSD. The
24 
commitments of the State to international agreements and protocols shall likewise be a
25 
consideration in the implementation of this Act.
26 
SEC. 57. Construction. - The provisions of this Act shall be liberally construed
27 
in favor of the conservation and protection of wildlife species and their habitats as defined
28 
in this Act, toward the promotion of ecoiogical balance and enhancement of biological
29 
diversity.
30 
SEC. 58. Report to Congress. - The Secretary or PCSD shall report to Congress,
31 
not later than March 30 of every year following the approval of this Act, the progress of
32 
efforts to conserve and protect Philippine wildlife resources and make the necessary
33 
recommendations in areas where there is need for legislative action.
34 
SEC. 59. Joint Congressionai Overnight Committee. - There is hereby
35 
created a Joint Congressional Oversight Committee to monitor and oversee the
36 
implementation of the provisions of this Act. The Committee shall be composed of six (6)
25


1 
members from the Senate and six (6) members from the House of Representatives with
2 
the Chairpersons of the Committee on Environment, Natural Resources and Climate
3 
Change of the Senate, and the Committee on Natural Resources of the House of
4 
Representatives, respectively, as Chairpersons of the Joint Committee. The five (5) other
5 
members from each Chamber are to be designated by the Senate President and the
6 
Speaker of the House of Representatives, respectively. The minority shall be entitled to
7 
pro rata representation but shall have at least two (2) representatives from each
8 
Chamber.
9 
SEC. 60. Mandatory Review. - The Congressional Oversight Committee shall
10 
undertake the mandatory review of this Act at least once every five (5) years after the
11 
effectivity of this Act, or as the need arises,
12 
SEC. 61. Separability Clause. - If any provision of this Act is declared
13 
unconstitutional or invalid, other parts or provisions hereof not affected shall continue to
14 
be in full force and effect.
15 
SEC. 62. Repealing Clause. - Republic Act No. 9147 is hereby repealed. All
16 
other laws, ordinances, orders, rules, regulations and other issuances or parts thereof
17 
which are inconsistent with this Act are hereby repealed or amended accordingly.
18 
SEC. 63. Transitory Provisions. - All rules and regulations issued pursuant to
19 
Republic Act No. 9147 shall remain in full force and effect until repealed, revised or
20 
otherwise modified by subsequent issuances.
21 
SEC. 64. Effectivity. - This Act shall take effect fifteen (15) days after publication
22 
in the Official Gazette or in a newspaper of general circulation.
23 
Approved,
26