Revised Wildlife Resources Conservation and Protection Act
Senate TWENTIETH CONGRESS OF THE ffice of the Secretary REPUBLIC OF THE PHILIPPINES ) First Regular Session ) FEB -5 P2:58 SENATE 1771 RECEIVED BY: S. No. _ Introduced by Senator Camille A. Villar AN ACT STRENGTHENING THE WILDLIFE CONSERVATION AND PROTECTION MECHANISM IN THE PHILIPPINES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9147, OTHERWISE KNOWN AS THE "WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT" EXPLANATORY NOTE Article II, Section 15 of the 1987 Philippine Constitution states that, "The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature". The Philippines is one of the world's 17 megadiverse countries, home to a remarkable range of plant and animal species, many of which are endemic and found nowhere else on Earth. This biological richness is a vital component of our national heritage and a cornerstone of ecological balance, food security, and sustainable development. However, the nation's wildlife resources continue to face increasing threats from illegal trade, habitat destruction, pollution, and climate change. Republic Act No. 9147, otherwise known as the "Wildlife Resources Conservation and Protection Act", was enacted in 2001 to safeguard and sustainably manage the country's wildlife resources. While the law provided a strong foundation for conservation efforts, more than two decades have passed since its passage. The environmental, social, and technological realities confronting wildlife protection today are far more complex, requiring a strengthened, modernized, and more responsive legal framework. The revision of Republic Act No. 9147 is both timely and necessary. Over the past two decades, the threats to wildlife conservation have become more sophisticated
and widespread. The illegal wildlife trade has evolved into one of the world's most lucrative transnational crimes, often linked to organized criminal networks that exploit gaps in monitoring and enforcement. The Philippines, being both a source and transit hub for trafficked species, is particularly vulnerable. By strengthening the Wildlife Resources Conservation and Protection Act, this measure reaffirms the State's constitutional commitment to protect and advance the people's right to a balanced and healthful ecology. It also reinforces the Philippines' position as a responsible steward of its unique biodiversity and natural heritage. Protecting wildlife is not merely an environmental endeavor. It is an economic, social, and moral obligation that ensures the survival and well-being of future generations. Hence, I urge the passage of this important and timely legislation. CAMILLE A. VILLAR
Senato Difice of the Saccretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 FEB -5 P2:58 SENATE RECEIVED BY: 1771 S. No. _ Introduced by Senator Camille A. Villar AN ACT STRENGTHENING THE WILDLIFE CONSERVATION AND PROTECTION MECHANISM IN THE PHILIPPINES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 9147, OTHERWISE KNOWN AS THE "WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS
Section 1. Title. - This Act shall be known as the "Revised Wildlife Resources
5 Conservation and Protection Act".
Sec. 2. Declaration of Policy. - It shall be the policy of the State to conserve
7 and protect the country's wildlife resources and their habitats for sustainability and to promote ecological balance, enhance biological diversity, prevent extinction and ensure the provision of ecosystem services. In the pursuit of this policy, this Act shall have the following objectives: a) To regulate the collection, possession, use and trade of wildlife, wildlife by-products and derivatives; b) To pursue, with due regard to the national interest, the Philippine commitments to international conventions, treaties and agreements on the protection of wildlife and their habitats, and on the fair and equitable
sharing of the benefits arising out of the sustainable utilization of genetic resources from wildlife; c) To initiate or support scientific studies on the conservation of biological diversity and sustainable utilization of wildlife resources; d) To promote full awareness and widest dissemination of policies on wildlife conservation and protection; e) To address and end the large scale, transnational, and organized crime of wildlife trafficking; and f) To undertake the economic valuation of wildlife, their by-products and derivatives and undertake the necessary studies for baselines and monitoring of the status thereof towards conservation, payments for ecosystem services and the prevention of extinction.
Sec. 3. Section 3 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 3. Scope of Application. - The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated in the country."
Sec. 4. Section 4 of Republic Act No. 9147 is hereby amended to read as
follows: "Sec. 4. Jurisdiction of the Department of Environment and Natural Resources, the Department of Agriculture, the Palawan Council for Sustainable Development and the Bangsamoro Government. - The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, including mangroves, turtles, tortoises, crocodiles, waterbirds, amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all aquatic plant and animal species, including but not limited to all fishes, plants, invertebrates, and all marine mammals except dugong. The secretaries of the DENR and the DA shall review, and by joint administrative
order, revise and regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction is herein conferred to the Palawan Council for Sustainable Development (PCSD) pursuant to Republic Act No. 7611, otherwise known as the "Strategic Environmental Plan (SEP) for Palawan Act" and, in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) jurisdiction is herein conferred with Bangsamoro Government (BMG) pursuant to Republic Act No. 11054, otherwise known as the Bangsamoro Organic Law." CHAPTER II DEFINITION OF TERMS
Sec. 5. Section 5 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 5. Definition of Terms. - As used in the Act, the term: a) Biological diversity or biodiversity - refers to the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; b) Biological resources - refers to genetic resources, organisms or parts thereof, populations or any other biotic component of ecosystems with actual or potential use or value for humanity, including but not limited to, all biological specimens such as plants, seeds, tissues and other propagation materials, animals, live or preserved, whether whole or in part; c) Bioprospecting - refers to the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes; d) Biosafety - refers to the need to protect human, plant and animal health or life and the environment from the possible adverse effects of the products of modern biotechnology and potentially harmful exotic species;
e) Botanical garden - refers to an establishment either private or government owned/operated/managed where a collection of wild flora is maintained for recreational, educational, research, conservation and scientific purposes; f) By-products - refers to any part taken from wildlife species such as but not limited to meat, hides, antlers, feathers, leather, fur, internal organs, bones, roots, trunks, barks, petioles, leaf fibers, branches, leaves, stems, flowers, scales, scutes, shells, coral parts, carapace and the like, or whole dead body of wildlife in its preserved/stuffed state; g) Captive-breeding/culture or propagation - refers to the process of producing individuals under controlled conditions or with human interventions; h) Certificate of Wildlife Registration - refers to document authorizing a person to possess wildlife, by-products and/or derivatives; i) Certificate of Introduction from the Sea - refers to a document issued by the Bureau of Fisheries and Aquatic Resources (BFAR) for the introduction from the sea of wildlife species taken from marine environments outside the jurisdiction of any State; j) CITES - refers to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, adopted in Washington on 03 March 1973, which entered into force for the Philippines on 16 November 1981; k) Collection or collecting - refers to the act of taking, gathering or harvesting wildlife, its by-products and/or derivatives; I) Conservation - refers to preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat; m) Critical Habitat - refers to an area outside protected areas under Republic Act (RA) No. 7586 or the National Integrated Protected Areas System (NIPAS) Act, as amended by Republic Act No.11038 or the Expanded National Integrated Protected Areas System
(ENIPAS) Act that are known habitats of threatened species and designated based on scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in the area, among others; n) Critically endangered species - refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future; o) Derivatives - refers to a substance/material extracted or taken from wildlife such as but not limited to blood, saliva, oils, resins, genes, gums, honey, cocoon, fur, tannin, urine, ambergris, guano, bird's nest, serum, spores, pollen and the like; a compound directly or indirectly produced from wildlife and/or products produced from wildlife and wildlife products; including compounds indirectly produced in a bio-chemical process or cycle; P) Domesticated - refers to any plant and animal listed by the relevant authorities which are propagated and altered or selected for desirable characteristics and preferences for domestic use"; q) Economically important species - refers to species which have actual or potential value in trade or utilization for commercial purpose; r) Endangered species - refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating; 5) Endemic species - refers to species or subspecies which is naturally occurring and found only within specific areas in the country; t) Exotic species - refers to species or subspecies which do not naturally occur in the country; u) Export of wildlife - refers to the act of bringing wildlife, wildlife by- products and/or derivatives from the Philippines to any other country;
v) Export permit - refers to a permit authorizing a person to bring out wildlife, wildlife by-products and/or derivatives from the Philippines to any other country; w) Genetic material - refers to any material of plant, animal, microbial or other origin containing functional units of heredity; x) Genetic resources - refers to genetic material of actual or potential value; y) Wildlife Gratuitous Permit - refers to permit issued to any person engaged in noncommercial scientific, or educational undertaking to collect wildlife; z) Habitat - refers to place or environment where species or subspecies naturally occur or has naturally established its population; aa) Import of wildlife - refers to the act of bringing into the Philippines wildlife, wildlife by-products and/or derivatives from another country; bb) Import permit - refers to a permit authorizing a person to bring in wildlife, wildlife by-products and/or derivatives from another country; cc) Indigenous wildlife - refers to species or subspecies of wildlife naturally occurring or has naturally established population in the country; dd) Introduction - refers to bringing species into the wild that is outside its natural habitat; ee) Introduction from the sea - refers to transportation into the country of specimens of any species which were taken in the marine environment not under the jurisdiction of any State; ff) Invasive alien species or IAS - refers to species whose introduction and/or spread outside their natural past or present distribution threatens biological diversity; gg) Large scale - refers to any violation Letters stated under Section 27 (a), (e), (f), (i) and (j) of this Act, involving five (5) or more
individual specimens for critically endangered species; ten (10) or more individual specimens for endangered species; fifteen (15) or more individual species for vulnerable species; twenty (20) or more individual species for other threatened species; or fifty (50) or more individual specimens for other wildlife species; hh) Local transport permit - refers to the permit issued authorizing a person to bring, carry, or ship wildlife, by-products and/or derivatives from one place to another within the territorial jurisdiction of the Philippines" ii) Maltreatment - refers to the commission of torture or the exercise of cruelty to any wildlife, or omission or neglect to provide adequate care, sustenance or shelter to wildlife; jj) Other Protected Wildlife Species - refers to non-threatened native flora and fauna species that have the tendency to become threatened due to the destruction of habitat or other similar causes as may be listed by the Secretary upon the recommendation of the National Wildlife Management Committee; kk) Person - refers to natural or juridical persons; Il) Possession - refers both to actual possession or immediate physical control over wildlife, by-products and/or derivatives; and to constructive possession or ownership or control over the place or conveyance where the wildlife, by-products and/or derivatives are found; mm) Protected Wildlife - refers to all wildlife falling under any category of Threatened Wildlife Species and "Other Protected Wildlife Species listed by the DENR, DA, PCSD and BMG that is not in the threatened list but are identified and listed by DENR, DA, PCSD and BMG as requiring legal protection; nn) Re-export permit - refers to a permit authorizing a person to bring out of the country a previously imported wildlife, wildlife by- products and/or derivatives;
00) Secretary - refers to the Secretary of the Department of Environment and Natural Resources, the Secretary of the Department of Agriculture; pp) Scientific research - refers to the systematic collection, study, and discovery of potential use/s of biological resources to generate basic scientific knowledge qq) Shipper - refers to a person that sends/transports wildlife, wildlife by-products and derivatives by sea, land/air. rr) Special Local Transport Permit - refers to a permit conferred to holders of Wildlife Special Use Permit (WSUP) authorizing the conveyance of wildlife, by-products and/or derivatives from the facility of origin to one or more places in the within the Philippines and back to the facility of origin; ss) Syndicate - refers to three or more individuals formed or acting together with an intention of carrying out the violations of Section 27 (a), (e), (f), (h) and (i) of this Act; tt) Threatened Wildlife Species - refers to a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction; uu) Trade - refers to the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives and/or by-products, locally or internationally; vv) Traditional use - refers to the utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them; ww) Vulnerable species - refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future;
xx) Wildlife - refers to wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated; yy) Wildlife collector's permit - refers to the permit to take, gather or harvest from the wild certain species and quantities of wildlife as parental stocks for commercial breeding purposes; zz) Wildlife farm permit - refers to a permit to develop, operate and maintain a wild fauna breeding farm for trade purposes; aaa) Wildlife culture permit - refers to a permit to develop, operate and maintain a wild flora propagation farm for trade purposes; bbb) Wildlife local trade permit - refers to a permit authorizing an individual to offer for sale, wildlife, wildlife by-products and/or derivatives acquired from Wildlife Farm/Culture Permit holders; ccc) Wildlife laundering - refers to the process by which wildlife traders disguise the origin and ownership of illegally acquired wildlife by making such appear to have been derived from a legitimate source or emerging mechanism utilized by breeding farms and private zoological parks to circumvent wildlife laws and regulations; ddd) Wildlife rescue center - refers to government established or designated repositories of confiscated, donated, retrieved, or turned-over wildlife or an establishment where sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to the release to their natural habitat or implementation of other modes of disposition as may be authorized by the Secretary or the PCSD; eee) Wildlife registration - refers to the act of entering in the official records wildlife, by-products and/or derivatives and granting authority to any person to maintain said wildlife, by-products and/or derivatives fff) Wildlife Special Use Permit - refers to a permit authorizing the holder thereof to utilize legally possessed/acquired wildlife, by- products and/or derivatives for local shows, exhibitions, or
educational purposes or to collect economically important species for direct trade purposes; 99g) Wildlife trafficking - refers to the violation of Section 27 (a), (e), (f), (h) and (i) of this Act, when the same is committed in large scale, or by a syndicate, or for the purpose of exporting or importing of such wildlife, their by-products and derivatives; and hhh) Zoological Park or Zoo - refers to an establishment either private or government owned/ operated/managed where a collection of terrestrial or marine animals is maintained for recreational, educational, research and scientific purposes." = CHAPTER III GENERAL PROVISIONS
Sec. 6. Section 6 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 6. Wildlife Information. - All activities, as subsequently manifested under this Chapter, shall be authorized by the DENR, DA, PCSD or BMG upon proper evaluation of scientific data or best available information showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies involved and/or their habitat. For this purpose, the DENR, DA, PCSD or BMG shall regularly update wildlife information through research. "The DENR, DA, PCSD and BMG shall establish their respective Wildlife Management Committees (WMCs) to provide technical and scientific advice on wildlife. Each WMCs shall be respectively composed of representatives from the DENR, DA, PCSD, and BMG as the case may be, the Environmental Management Bureau (EMB), the Biodiversity Management Bureau (BMB), and other concerned government agencies, and local scientists with expertise on various fields of discipline on wildlife. Stakeholders may be invited as resource persons when necessary. The DENR, DA, PCSD and BMG shall act as Chairperson of their respective WMCs."
Sec. 7. Insert a new section after Section 6 of Republic Act No. 9147 to read
as follows: "Section 7. Invasive Alien Species. - The DENR, DA, PCSD and BMG shall control and manage all invasive alien species (IAS). Within one (1) year from the effectivity of this act, the DENR, DA, PCSD and BMG shall establish a list of IAS and formulate a National Invasive Alien Species Strategy and Action Plan (NISSAP). The list of IAS and the NISSAP shall be reviewed and updated periodically. "All national government agencies and local government units shall coordinate with the DENR, DA, PCSD and BMG, as applicable, in the implementation and localization of the NISSAP. Provided that the DENR, DA, PCSD and BMG, as the case may be, are authorized to eradicate or exterminate IAS by euthanasia or other humanely acceptable means upon determination that the IAS may cause serious threat to local wildlife, people and the environment. "Citizen, civil society organizations and academic institutions may submit proposals to DENR, DA, PCSD, and BMG to list species or groups of species of concern for further scientific review of concerned government agencies and possible inclusion in the IAS list. "Provided, further, That the importation of invasive alien species IAS or potentially invasive species based on scientific studies or species proven by scientific studies to be potentially invasive shall not be allowed. In case of importation of potentially invasive species for scientific studies, it shall be subject for review and recommendation by respective wildlife management committees."
Sec. 8. Section 13 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 13. Introduction of Exotic Species. - No exotic species shall be introduced into the country's natural environment, unless a clearance from DENR, DA, PCSD or BMG is first obtained. In no case shall exotic species be introduced into protected areas covered by Republic Act
No. 7586 as amended by Republic Act No. 11038, otherwise known as the "Expanded National Integrated Protected Areas System Act of 2018" , and to critical habitats under Section 25 hereof. "Provided, That the introduction of such exotic species shall not pose any adverse impacts on biodiversity, agriculture and human and animal health, and that further environmental impact study shall be undertaken which shall focus on the bioecology, natural history, socioeconomic and related aspects of the area where the species will be introduced. The proponent shall also be required to secure the prior informed consent from the local stakeholders." CHAPTER III CONSERVATION AND PROTECTION OF WILD FAUNA
Sec. 9. Sections 7,8, 9, and 10 of Republic Act No. 9147 are hereby
consolidated to read as follows: "Section 7, 8, 9 and 10. Collection, Possession, Transport of Wild Fauna, its By-product and Derivatives. - The collection, possession and transport of wild fauna, its by-products and derivatives may be allowed in accordance with Section 6 of this Act, Provided: That in the collection of wild fauna, appropriate, humane and acceptable collection techniques with least or no detrimental effects to the existing wild fauna populations and their habitats shall likewise be required: Provided, Further, that only persons or entities with appropriate facility as well as financial and technical capability, including scientific knowledge are allowed possession of the same: Provided, furthermore, that in case of transport, the same will not be prejudicial to the wild fauna and public health; and, wild fauna, its by-products and derivatives are not obtained in violation of law: Provided, finally, that collection of wild fauna that are not threatened or listed as other protected wildlife, by indigenous people or individuals in ancestral land/domain or private property, respectively, is allowed for traditional, subsistence and non- commercial use."
Sec. 10. Section 11 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 11. Exportation and/or Importation and/or Introduction from the Sea of Wild Fauna, By-Products and Derivatives. - Wild Fauna, by-products and derivatives may be exported to or imported from another country, or introduced from the sea, as may be authorized by the DENR, DA, PCSD or BMG, subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided, That the recipient of the live wild fauna is technically and financially capable to maintain it. Provided, further, That the importation of IAS or potentially invasive species shall be subject to Section 7 of this Act."
Sec. 11. Section 12 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wild Fauna. - The introduction, reintroduction or restocking of endemic and indigenous wild fauna shall be allowed aimed at population enhancement or recovery purposes subject to prior clearance from the DENR, DA, PCSD or BMG, pursuant to Section 6 of this Act. "Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology and natural history. The proponent shall also conduct public consultations with concerned individuals or entities."
Sec. 12. Section 14 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by the proponent, stipulating therein its, compliance with and commitments) to terms and conditions imposed by the DENR, DA, PCSD or BMG to promote fair and equitable sharing of benefits derived from the utilization of Philippine biological and genetic resources in accordance with Nagoya Protocol on Access and Benefit Sharing.
"In addition to the FPIC, access to indigenous knowledge in relation to bioprospecting shall be valued using accepted standards of valuation taking into account what the research would have cost without the use of such knowledge. The compensation for this intellectual property shall be apart from the royalties and benefit sharing obligations herein. "Before granting the necessary permit, the proponent shall be required to obtain prior informed consent from the concerned indigenous cultural communities, local communities, and the Protected Area Management Board under Republic Act No. 7586, as amended by RA 11038, as may be appropriate. Upon submission of the complete requirements, the DENR, DA, PCSD or BMG shall act on the research proposal within a reasonable period of time. "If the applicant is a foreign entity or individual, a local institution shall be actively involved in the research, collection and, whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources."
Sec. 13. Section 15 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 15. Scientific Researches on Wild Fauna. - Collection and utilization of biological resources, for scientific research, conservation and other non-commercial purposes shall be allowed upon issuance of a wildlife gratuitous permit (WGP) by the DENR, DA PCSD or BMG. In case of collection of species in caves, WGP shall be issued by DENR, PCSD or BMG, as the case may be. Provided that collection of biological resources for research activities shall require clearances or prior informed consent from concerned agencies or bodies. For foreign entity or individual, a local collaborator shall be actively involved in the research. If such scientific studies yield findings that will be used for commercial purposes, the provisions of Section 12 herein shall apply."
Sec. 14. Section 16 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 16. Biosafety - All activities dealing on genetic engineering on pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction, field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed by DENR, DA, PCSD or BMG in accordance with biosafety guidelines ensuring public welfare and biodiversity protection."
Sec. 15. Section 17 of Republic Act No. 9147 is hereby amended to read
follows: "Section 17. Commercial Breeding of Wild Fauna. - Breeding of wild fauna for commercial purposes shall be allowed by the DENR, DA PCSD or BMG, pursuant to Section 6 through the issuance of wildlife farm permit: Provided, That only progenies of wild fauna raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That commercial breeding operations for wild fauna, whenever appropriate, shall be subject to an environmental impact study. "Commercial breeding of threatened wild fauna maybe allowed subject to: a) Proven effective breeding and captive management techniques for the species of wild fauna; and b) Commitment to simultaneously undertake conservation breeding and commercial breeding: Provided, that conservation breeding shall include restocking threatened wild fauna in suitable habitats. "The DENR Secretary, DA Secretary, PCSD Chairperson, BMG Minister of Environment and Natural Resources and Energy (BMG-MENRE) and BMG Minister of Agriculture Fisheries and Agrarian Reform (BMG-MAFAR), shall prepare a list of threatened species for commercial breeding and shall regularly update such list or as the need arises."
Sec. 16. Section 18 of Republic Act No. 9147 is hereby amended to read
follows: "Section 18. Economically Important Species. - The DENR, DA, PCSD and BMG shall identify economically important species which can be allowed for utilization for commercial purposes. Where appropriate, a population assessment of such species shall be conducted within a reasonable period. When the results of the assessment show that, despite certain extent of collection, the population of an EIS can still remain viable and capable of recovering its numbers, the collection of certain species shall only be allowed through the issuance of a wildlife special use permit. For this purpose, the DENR, DA, PCSD and BMG shall determine the schedule and volume of allowable harvests for each EIS. Whenever an EIS becomes threatened, any form of collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act."
Sec. 17. Section 20 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 20. Authority to Issue Permits. - In order to effectively implement this Act, the DENR, DA, PCSD and BMG shall issue permits/certifications/clearances with corresponding period of validity, appropriate for such purpose, as determined by the regulations. These permits shall include but not limited to the following: 1) Wildlife farm permit 2) Wildlife collector's permit 3) Wildlife Gratuitous permit 4) Local transport permit 5) CITES Export/Import/Re-export Permit 6) Non-CITES Export/Import/Re-export Permit 7) Special Local Transport Permit 8) Wildlife Local Trade Permit 9) Wildlife Special Use Permit for Direct Trade
10)Wildlife Special Use Permit for Exhibition/Education 11)Certificate of Introduction from the Sea 12)Clearance to Operate Zoological and other Similar Facilities 13)Certificate of Wildlife Registration"
Sec. 18. Section 21 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 21. Authority to collect fees and charges. - The DA, DENR PCSD or BMG are hereby authorized to impose and collect reasonable fees and charges for the issuances of permits, clearances and certificates enumerated in the preceding section. "Such fees shall comply with administrative rules for fee-setting; as well as constitutional provisions on access to natural resources owned by the state. Provisions on benefit sharing for ancestral domain holders shall be embedded in the procedures and valuation for the collection of such fees. For the export of wild fauna species, by-products and derivatives for commercial purposes, an export permit fee equivalent to five percent (5%) of the export value, excluding transport costs, shall be charged: Provided, however, that in the determination of aforesaid fee, the production costs shall be given due consideration. Aquaculture products, and the like, produced from farms shall be exempted from the said export fee. Provided, finally, that all fees and charges shall be fixed, only after consultation with concerned groups, the fees and charges may also be reviewed every two (2) years or as the need arises and revise the same accordingly, subject to the same consultation process."
Sec. 19. Section 22 of Republic Act No, 9147 is hereby amended to read as
follows: "Section 22. Determination of Threatened Wildlife Species and Listing of Other Protected Wildlife Species. The DENR, DA, PCSD or BMG shall determine whether any wildlife species or sub-species is
threatened and classify the same as critically endangered, endangered, vulnerable or other accepted categories. The classification shall be made based on the best scientific data and internationally accepted criteria, including but not limited to the following: a) present or threatened destruction, modification or curtailment of its habitat or range; b) over-utilization for commercial, recreational, scientific or educational purposes; c) inadequacy of existing regulatory mechanism; and d) other natural or man-made factors affecting the existence of wildlife. "The DENR, DA, PCSD or BMG shall also establish a list of Threatened Wildlife Species, with the appropriate category. The list may also include those species that are non-threatened but have the tendency to become threatened in the absence of adequate legal protection and shall fall under the category of Other Protected Wildlife Species. The list shall be published and updated regularly or as the need arises, either motu proprio or upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list. Provided, that species listed as threatened or other protected wildlife species shall not be removed there from within three (3) years following its initial listing and, Provided, finally, that all newly discovered species shall automatically fall under the category of threatened wildlife species, and shall remain as such unless properly determined otherwise."
Sec. 20. Section 23 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 23. Collection of Threatened Wild Fauna, By-Products and Derivatives. - The collection of threatened wild fauna, as determined and listed pursuant to this Act, including its by-products and derivatives, shall be allowed only for scientific or breeding purposes in accordance with Section 6 of this Act: Provided, that only the persons accredited by the DENR, DA,
PCSD and BMG shall be allowed to collect for conservation and commercial breeding purposes."
Sec. 21. Section 24 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 24. Conservation Breeding of Threatened Wild Fauna. - Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred species shall be released, reintroduced or restocked."
Sec. 22. Section 26 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 26. Registration of Wild Fauna in the Possession of Private Persons. - The DENR, DA, PCSD and BMG shall control, regulate and cause the registration of wild fauna, including exotic fauna, possessed by private individuals and entities. Possession of registered wild fauna shall be subject to the conditions under Section 9. When a registered wild fauna is needed for breeding or research purposes, the State may acquire the registered wild fauna from any person through a mutually acceptable arrangement. "Wild fauna in possession of private individuals and entities that are not registered shall be confiscated in favor of the government, and those in possession shall be subject to the penalties herein provided. Certificates of Wildlife Registration shall be issued for the following: a) Wild fauna acquired under a prior valid wildlife permit issued to the same applicant, including but not limited to wildlife import permits or certifications, wildlife collector's permit, subject to submission of proof of legal acquisition; b) Wild fauna purchased or otherwise acquired from legal sources subject to submission of proof of legal acquisition; and,
c) Progenies or offspring of duly registered parental protected wild fauna. "The DENR, DA, PCSD and BMG shall improve the registration and monitoring system of protected wildlife to prevent fraud, misrepresentation and/or wildlife laundering and include practical interim measures in the process."
Sec. 23. Section 27 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit protected wildlife resources and their habitats, or undertake or to induce, solicit or employ another person to undertake the following acts: a) killing and/or causing death of protected wild fauna as a result of any violation of this Act, except in the following instances; (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities; (ii) when the wild fauna is afflicted with an incurable communicable disease; (lii) when it is deemed necessary to put an end to the misery suffered by the wild fauna; (iv) when it is done to prevent an imminent danger to the life or limb of a human being; (v) when the wild fauna is killed or destroyed after it has been used in authorized research or experiments; and (vi) when done for the purpose of wildlife population management and eradication of invasive alien species, as authorized by the DENR, DA, PCSD, or BMG b) inflicting injury which cripples and/or impairs the reproductive system of wild fauna; c) effecting any of the following acts in critical habitat(s): (i) dumping of waste products detrimental to wildlife and/or the critical habitat; Provided, that dumping of any waste product shall be deemed to be detrimental;
(ii) squatting or otherwise illegally occupying any portion of the critical habitat; (iii) mineral exploration and/or extraction, treasure-hunting and/or mineral prospecting; (iv) burning; (v) logging (vi) quarrying at any scale (vii) land reclamation (viii) introduction, use, or application of poisonous substance that endangers the habitat or parts thereof or renders habitat or parts thereof no longer viable for wildlife d) introduction, reintroduction or restocking of wild fauna; e) trading or attempting to trade, protected wild fauna, by-products or derivatives, including advertising, contracting or offering for the purpose of sale or procurement of protected wild fauna, by-products or derivatives; f) collecting, hunting or possessing protected wild fauna, their by-products or derivatives; Provided, that the DENR, DA, PCSD and BMG shall develop a system and mechanism that allow rescue of protected wild fauna; g) gathering or destroying of active nests, nest trees, host plants and the like; h) maltreating and/or inflicting other injuries not covered by the preceding paragraphs; i) transporting of protected wild fauna, wildlife by-products or derivatives; and j) wildlife laundering (fauna). "In the case of letter (c) of this Section, in addition to fines and penalties, the offender shall pay the cost of the rehabilitation and restoration of the habitat to ensure that the same is fully rehabilitated and functional ecosystem.
"Provided that when any of violations of letters (27.2.a), (27.2.e), (27.2.f), (27.2.h), and (27.2.i) is committed by a syndicate or, in large scale, or the wildlife involved is bound for export or is actually exported to another country; or is imported from another country by the person or in connivance with the persons from whom the wildlife was apprehended, the offense committed is Wildlife Trafficking shall be penalized accordingly."
Sec. 24. Section 28 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 28. Penalties for Violations of this Act. - "For any person who undertakes illegal acts under paragraph (27.a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the following penalties and fines shall be imposed: a) imprisonment from six (6) years and one (1) day to 12 years and/or a fine of Six hundred thousand pesos (P600,000.00) to Two Million (P2,000,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against species listed as critically endangered; b) imprisonment of from four (4) years and 1 day to six (6) years and/or a fine of Three Hundred Thousand Pesos (P300,000.00) to Six hundred thousand pesos (P600,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against endangered species; c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of One Hundred Fifty Thousand Pesos (P150,000.00) to Three Hundred Thousand Pesos (P300,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against vulnerable species; d) imprisonment from six (6) months and one (1) day to one (1) years and/or fine of Fifty Thousand Pesos (P50,000.00) to One Hundred Thousand Pesos (P100,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against other protected wildlife species.
"For illegal acts under paragraph (27.2.b) of the immediately preceding section, the following penalties and fines shall be imposed: a) imprisonment from four (4) years and 1 day to six (6) years and/or a fine of Four hundred thousand pesos (P400,000.00) to Six hundred thousand pesos (P600,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against species listed as critically endangered; b) imprisonment from three years and one (1) day to four (4) years and/or a fine of Two hundred thousand pesos (P200,000.00) to Four hundred thousand pesos (P400,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against endangered species c) imprisonment from two years and one (1) day to three (3) years and/or a fine of One hundred fifty thousand pesos (P150,000.00) to Two hundred thousand pesos (P200,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against vulnerable species; d) imprisonment from six (6) months and one (1) day to one (1) year and/or a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against other protected wildlife species; "For illegal acts under paragraphs (27.2.c) and (27.2.d) of the immediately preceding section, an imprisonment of from four (4) years and one (1) day to eight (8) years and/or a fine of three hundred thousand pesos (P300,000.00) to Five million pesos (P5,000,000.00) shall be imposed. If critical habitat requires rehabilitation or restoration as determined by the court, the offender shall be required to restore the same, whenever practicable, or pay additional compensation for the damage caused. "For illegal acts under paragraphs (27.2.e) and (27.2.f) the following penalties and fines shall be imposed:
a) imprisonment from six (6) years and one (1) day to eight (8) years and/or a fine of Three hundred thousand pesos (P300,000.00) to One million pesos (P1,000,000.00), or two times the proven market value, whichever is higher, if involving species listed as critically endangered; b) imprisonment from four (4) years and one (1) day to six (6) years and/or a fine of Two hundred thousand pesos (P200,000.00) to Three hundred thousand pesos (p300,000.00), or two times the proven market value, whichever is higher, if involving endangered species; c) imprisonment from two (2) years and one (1) day to four (4) years and/or a fine of Seventy-five thousand pesos (P75,000.00) to One hundred fifty thousand pesos (P150,000.00), or two times the proven market value, whichever is higher, if involving vulnerable species d) imprisonment from six (6) months and one (1) day to one (1) year and/or a fine of Thirty thousand pesos (P30,000.00) to Fifty thousand pesos (P50,000.00), or two times the proven market value, whichever is higher, if involving other protected wildlife species. "For illegal acts under paragraph (27.2.g) and (27.2.h) of the immediately preceding section, the following penalties and fines shall be imposed: a) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Three hundred thousand pesos (P300,000.00) to Six hundred thousand pesos (P600/000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against species listed as critically endangered; b) imprisonment of three years and one (1) day) to Five years and/or a fine of Two hundred thousand pesos (P200,000.00) to Three hundred thousand pesos (P300,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against endangered species;
c) imprisonment from two (2) years and one (1) day to four (4) years and/or a fine of One hundred thousand pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against vulnerable species; d) imprisonment from six (6) months and one (1) day to one (1) year and/or a fine of Fifty thousand pesos (P50/000.00) to One hundred thousand pesos (P1000,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against other protected wildlife species. "For illegal acts under paragraphs (27.2.i) and (27.2.j) of the immediately preceding section, the following penalties and fines shall be imposed: a) imprisonment from eight (8) years and one (1) day to ten (10) years and a fine of Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00), or two times the proven market value, whichever is higher, if involving species listed as critically endangered; b) imprisonment from six (6) years and one (1) day to eight (8) years and a fine of Three hundred thousand pesos (P300/000.00) to Six hundred thousand pesos (P600/000.00)/or two times the proven market value, whichever is higher, if involving endangered species; c) imprisonment from four (4) years and one (1) day to six (6) years and a fine of One hundred fifty thousand pesos (P150,000.00) to Three hundred thousand pesos (P300,000.00), or two times the proven market value, whichever is higher, if involving vulnerable species; and d) imprisonment from one (1) year and one (1) day to two (2) years and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00), or two times the proven market value, whichever is higher, if involving other protected wildlife species.
"For violations of letters (a), (e), (f), (i), and (i), under section 27 of this act, committed by a syndicate or, in large scale, or the wildlife involved is bound for export or is actually exported to another country; or is imported from another country by the person or in connivance with the persons from whom the wildlife was apprehended, otherwise known as wildlife trafficking the following fines and penalties shall be imposed: a) imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine of One million pesos (P1,000,000.00) to Ten million pesos (P10,000,000.00)/or two times the proven market value, whichever is higher, if inflicted or undertaken against species listed as critically endangered; b) imprisonment from eight (8) years and one (1) day to twelve (12) years and a fine of Eight hundred thousand pesos (P800,000.00) to Two million pesos (P2,000,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against endangered species; c) imprisonment from six (6) years and one (1) day to eight (8) years and a fine of Three hundred thousand pesos (P300,000.00) to Eight hundred thousand pesos (P800,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against vulnerable species; d) imprisonment from two (2) years to four (4) years and a fine of One hundred thousand pesos (P100,000.00) to Two hundred thousand pesos (P200,000.00), or two times the proven market value, whichever is higher, if inflicted or undertaken against other protected wildlife species."
Sec. 25. Insert eleven (11) new sections after Section 28 of Republic Act No.
9147 to read as follows: "Section 25.1 Imposition of Penalty for Violation Committed by Juridical Entity and Additional Liability.- If the violation is committed by a corporation, cooperative, association or any other juridical persons, the
penalty shall be imposed upon the persons who committed the act as well as the president, directors, managers, managing partner, or other officials responsible for such violation. Any government official or employee who is found liable, for any offense penalized by six years of imprisonment of this Act, shall, in addition to the penalty which may be imposed upon him as principal, be perpetually disqualified from holding any public office. Any person convicted of a violation of this Act shall be permanently and perpetually disqualified from being issued any wildlife permits, clearances, agreements and/or certificates."
Section 25.2 Recovery of Cost and Reparation and Restoration
of Affected Resource. -In addition to the fine and imprisonment that may be imposed for violation of this Act, the offender shall also pay all reasonable costs incurred by the State resulting from the said violation. The cost may include expenses for transport, maintenance of the seized wild fauna, and proper disposal thereof. The offender shall likewise be liable to pay the resource economic value, proven to have been lost or suffered as a result of the violation and to indemnify the State for the cost of restoration of the affected resource.
Section 25.3 Escalation of the Amount of Fines. - The fines herein
prescribed shall automatically increase, without need for further legislation or administrative issuance, by ten percent (10%) every five (5) years from the effectivity of this Act to maintain the deterrent function of such fines.
Section 25.4. Disputable presumptions. - Without the appropriate
wildlife permit, certification or clearance, or authority, at the time of apprehension, the following shall constitute a presumption that a corresponding offense, penalized under this Act, has been committed by the person/s involved: a) Possession of any hunting, trapping or collecting paraphernalia along with live or dead wild fauna, its by products and derivatives shall be a disputable presumption that the possessor caused the killing
and/or destruction, infliction of injury, maltreatment, collection, hunting of wild fauna, wildlife by-products and/or derivatives, as appropriate; b) Failure on the part of the airfreight, shipping, trucking or forwarding companies from whose possession the wild fauna, its by- products and/or derivatives are discovered or seized to fully cooperate in the investigation by concerned government authorities on the matter shall create a presumption that there is connivance or conspiracy between the company and the shipper to violate the relevant provisions of this Act.
Section 25.5 Separate Offenses for each Species of Wild Fauna
and Circumstances for the Imposition of Maximum Penalty. - In cases where more than one species of wild fauna is collected, hunted, possessed, transported or otherwise involved in connection with the violation of this act, each wild fauna species involved shall constitute a separate and distinct count of violation of this Act. Each separate distinct count of violation shall be prosecuted and penalized separately, regardless of intent, unity or connections of the acts resulting into the violation. Moreover, number of specimen involved in every species and the circumstances obtaining in each proven violation, as specified hereunder, shall serve as basis for the imposition of penalties: a) If more than one (1) specimen of a critically endangered species is involved, the maximum penalty shall be imposed; b) If more than five (5) of specimens of an endangered species is involved, the maximum penalty shall be imposed; c) If more than eight (8) specimens of a vulnerable species is involved, the maximum penalty shall be imposed; d) If more than fifteen (10) specimens of other protected wildlife species is involved, the maximum penalty shall be imposed; e) If at the time of his or her trial for a violation of this Act, the accused shall have been previously convicted by final judgment of the same or another violation of this Act, maximum penalty shall be imposed.
f) If the prohibited act committed involves the inducement of indigenous peoples, the maximum penalty shall be imposed.
Sec. 26. Section 32 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 32. Wildlife Rescue Center. - The DENR, DA, PCSD and BMG, shall establish or designate wildlife rescue centers to take temporary custody and care of all confiscated, abandoned, turned over or donated wildlife. Such wildlife rescue centers shall be staffed by veterinarian, biologist, veterinary technologist, and other qualified personnel and shall also have the necessary tools, machines, equipment and facilities consistent with the requirements of animal health and welfare. The DENR, DA, PCSD and BMG shall formulate guidelines for the disposition of wildlife from the rescue centers and shall regularly include in the proposal for inclusion in the General Appropriations Act, the necessary amount needed for the establishment and maintenance of Wildlife Rescue Center. For the forfeiture of wildlife under Section 55 at such volumes that will be untenable for DENR, DA, PCSD or BMG to hold in rescue centers, the facilities in which the wildlife was found, if adequate, shall be temporarily taken over by the DENR, DA, PCSD or BMG in order to ensure the continued care of such wildlife until such time as they can be transferred to wildlife rescue centers managed by the state or accredited by the state to hold such confiscated wildlife."
Sec. 27. Section 36 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 36. Regulation of Zoological Parks and Other Similar Establishments. - The DENR, DA, PCSD and BMG shall regulate the establishment, operation and maintenance of zoological and other similar establishments for recreation, education and conservation through the issuance of clearance to operate. The DENR, DA, PCSD and BMG shall likewise promulgate regulations for such purpose."
Sec. 28. Insert a new section after Section 36 of Republic Act No. 9147 to
read follows: "Section 36.1. Registration of museum specimens. - Except for the National Museum, all other museums and similar establishments displaying wild or fauna by-products and derivatives for public viewing shall register said specimens with the DENR, DA PCSD or BMG as the case may be. The DENR, DA, PCSD and BMG shall promulgate rules and regulations for such purpose." CHAPTER IV CONSERVATION AND PROTECTION OF WILD FLORA This Chapter covers regulation in relation to the conservation and protection of wild flora outside the purview of uses pertaining to timber production and those considered as non-timber forest products (NTFPs) regulated under forestry laws. Provided, that CITES-plant species shall remain to be covered by applicable provisions of this Act.
Sec. 29. Collection of Wild Flora, By-products and Derivatives. - The collection
of wild flora, by products and derivatives may be allowed in accordance with
Section 6: Provided, That in the collection of wild flora, appropriate, and
acceptable collection techniques with least or no detrimental effects to the existing wild flora populations and their habitats shall be required: Provided further, that utilization of wild flora that are not listed as threatened or other protected wildlife for traditional, subsistence and non-commercial use shall be allowed without permit: Provided, furthermore, that the collection of wild flora parts and derivatives listed as threatened and other protected wildlife by IPs and local communities for traditional, subsistence and non-commercial use shall be allowed without permit: Provided, finally, That the collection of wild flora for scientific purposes shall be subject to Section 35 of this Act.
Sec. 30. Possession and Commercial Propagation of Wild Flora. - The
possession of wild flora, including threatened and other protected wild flora shall be allowed. Provided, That possession and propagation of wild flora for
commercial purposes shall be allowed in accordance with Section 6 through the issuance of Wildlife Culture Permit: Provided, That parental stocks collected from the wild shall not be directly traded and to be used for propagation purposes. Provided, further, that the commercial propagation of threatened and other protected wild flora species shall be allowed provided that the following minimum requirements are met by the applicant: a) Proven effective wild flora propagation techniques; and, b) Commitment to simultaneously undertake conservation propagation and commercial propagation: Provided, that conservation propagation shall include restocking threatened wild flora in suitable areas.
Sec. 31. Local Transport of Wild Flora, its By-product and Derivatives. - Local
transport of wild flora, its by-product and derivatives shall be allowed unless the same is prejudicial to wild flora and public health; and, wild flora, its by-products and derivatives are not obtained in violation of law.
Sec. 32. Exportation and/or Importation of Wild Flora, By-Products and
Derivatives. - Wild flora, by-products and derivatives may be exported to or imported from another country, as may be authorized by the DENR, DA, PCSD or BMG, subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided, further, That the importation of IAS or potentially invasive species shall be subject to Section 7 of this Act.
Sec. 33. Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wild Flora. - The introduction, reintroduction or restocking of endemic and indigenous wild flora especially those at risk of extinction is encouraged as part of ecological restoration. Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology and natural history.
Sec. 34. Bioprospecting. - Bioprospecting shall be allowed upon execution of
an undertaking by the proponent, stipulating therein its, compliance with and commitments) to terms and conditions imposed by the DENR, DA, PCSD or BMG to protect biological diversity and the fair and equitable sharing of benefits derived from the utilization of Philippine genetic resources in accordance with the Nagoya Protocol on Access and Benefit Sharing.
In addition to the FPIC, access to indigenous knowledge in relation to bioprospecting shall be valued using accepted standards of valuation taking into account what the research would have cost without the use of such knowledge. The compensation for this intellectual property shall be apart from the royalties and benefit sharing obligations herein. Before granting the necessary permit, the proponent shall be required to obtain prior informed consent from the concerned indigenous cultural communities, local communities, and the Protected Area Management Board under Republic Act No. 7586, as amended by RA 11038, as may be appropriate. Upon submission of the complete requirements, the DENR, DA, PCSD or BMG shall act on the research proposal within a reasonable period of time. If the applicant is a foreign entity or individual, a local institution shall be actively involved in the research, collection and, whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources.
Sec. 35. Scientific Researches on Wild Flora. - Collection and utilization of
biological resources, for scientific research, conservation and other non- commercial purposes shall be allowed upon issuance of a wildlife gratuitous permit (WGP) by the DENR, DA PCSD or BMG. Provided that collection of biological resources for research activities shall require clearances or prior informed consent from concerned agencies or bodies. For foreign entity or individual, a local collaborator shall be actively involved in the research. If such scientific studies yield findings that will be used for commercial purposes, the provisions of Section 34 herein shall apply.
Sec. 36. Biosafety - All activities dealing on pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction, field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed by DENR, DA, PCSD or BMG in accordance through biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats.
Sec. 37. Economically Important Wild Plant Species. - The DENR, DA, PCSD
and BMG shall promote the sustainable use of economically important wild flora.
While traditional and subsistence use of economically important wild flora is not regulated, collection at commercial scale shall be regulated through the issuance of a wildlife special use permit. For this purpose, population assessment and ecological studies shall be conducted for the establishment of allowable quota and schedule of harvest for commercial harvesting. The collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the population of such species can still remain viable and capable of recovering its numbers. Further, the DENR, DA, PCSD, and BMG shall determine the optimal use and added value of this species, including the development of value-added products, bioindustry applications, and biodiversity- based products, and shall promote these initiatives accordingly. Whenever an economically important species becomes threatened, any form of collection shall be prohibited except for scientific, educational or propagation purposes, pursuant to the provisions of this Act.
Sec. 38. Authority to Issue Permits. - In order to effectively implement this
Act, the DENR, DA, PCSD and BMG shall issue permits/certifications/clearances with corresponding period of validity, appropriate for such purpose, as determined by the regulations. These permits shall include but not limited to the following: 1) Wildlife Culture Permit 2) Wildlife Collector's Permit Gratuitous Permit 3) 4) Local Transport Permit 5) CITES Export/Import/Re-export Permit Non-CITES Export/Import/Re-export Permit Special Local Transport Permit Wildlife Local Trade Permit 8) 9) Wildlife Special Use Permit for Direct Trade 10) Wildlife Special Use Permit for Exhibition/Education 11) Clearance to Operate Botanical and other Similar Facilities
Sec. 39. Authority to collect fees and charges. - The DA, DENR PCSD or BMG
are hereby authorized to impose and collect reasonable fees and charges for the
issuances of permits, clearances and certificates enumerated in the preceding section. Such fees shall comply with administrative rules for fee-setting; as well as constitutional provisions on access to natural resources owned by the state. Provisions on benefit sharing for ancestral domain holders shall be embedded in the procedures and valuation for the collection of such fees. For the export of wild flora, an export permit fee of not greater than five percent (5%) of the export value, excluding transport costs, shall be charged: Provided, however, that in the determination of aforesaid fee, the production costs shall be given due consideration. The DENR, DA, PCSD or BMG may also impose an import permit fee for importation of wild flora, based on import value and/or valuation of potential risks to biodiversity. Provided, finally, that all fees and charges shall be fixed, only after consultation with concerned groups, the fees and charges may also be reviewed every two (2) years or as the need arises and revise the same accordingly, subject to the same consultation process.
Sec. 40. Determination of Threatened Flora and Listing of Other Protected
Wild Flora. - The DENR, DA, PCSD or BMG shall determine whether any species or sub-species of wild flora is threatened and classify the same as critically endangered, endangered, vulnerable or other accepted categories. The classification shall be made based on the best scientific data and internationally accepted criteria, including but not limited to the following: a) present or threatened destruction, modification or curtailment of its range; b) over-utilization for commercial, recreational, scientific or educational purposes; c) inadequacy of existing regulatory mechanism; and d) other natural or man-made factors affecting the existence of wildlife. The DENR, DA, PCSD or BMG shall also establish a list of Threatened Flora, so determined under the appropriate category. The list may also include those species that are non-threatened but has the tendency to become threatened in the absence of adequate legal protection and shall fall under the category of Other
Protected Wild Flora. The list shall be published and updated regularly or as the need arises, either motu proprio or upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list. Provided, that species listed as threatened or other protected wildlife shall not be removed there from within three (3) years following its initial listing and, Provided, finally, that all newly discovered species shall automatically fall under the category of threatened flora species, and shall remain as such unless properly determined otherwise.
Sec. 41. Propagation of Threatened Flora for Conservation and Commercial
Purposes, - Propagation of threatened species of wild flora shall be encouraged in order to enhance its population in its natural range. It shall be done simultaneously with the protection of its natural range where the propagated species shall be reintroduced or restocked. Commercial propagation is also allowed in accordance with Section 30 of this Act.
Sec. 42. Illegal Acts. - Unless otherwise allowed in accordance with this Act,
it shall be unlawful for any person to willfully and knowingly exploit protected wildlife resources and their habitats, or undertake or to induce, solicit or employ another person to undertake the following acts against wild flora: a) Uprooting or balling of protected wild flora in the natural habitat, except in the following instances: i. when the wild flora has severe pest and diseases; ii. when done for the purpose of eradicating invasive alien species, as authorized by the DENR, DA, PCSD, or BMG" iii. when it is done as part of the duly approved government development project with compliance to the requirements of the concerned government agencies b) Damaging/cutting of protected wild flora in the natural habitat except in the instances covered in the preceding paragraph; c) introduction of exotic species and invasive alien species of wild flora into the wild; d) trading or attempting to trade, protected wild flora, its by-products or derivatives, including advertising, contracting or offering for the purpose
of sale or procurement of protected wild flora, by-products or derivatives; e) collecting or possessing protected wild flora, their by-products or derivatives; Provided, that the DENR, DA, PCSD, and BMG shall develop a system and mechanism that allow rescue of protected wild flora; f) transporting of protected wild flora, by-products or derivatives; and g) wild flora laundering. In the case of letter (c) of this Section, in addition to fines and penalties, the offender shall pay the cost of the rehabilitation and restoration of the habitat to ensure that the same is fully rehabilitated and functional ecosystem. Provided, that when any of violations of letters (42.a), (42.d), (42.e), and (42.f) is committed by a syndicate or, in large scale, or the wildlife involved is bound for export or is actually exported to another country; or is imported from another country by the person or in connivance with the persons from whom the wildlife was apprehended, the offense committed is wildlife trafficking shall be penalized accordingly.
Sec. 43. Penalties for Violations of this Act. - For any person who undertakes
illegal acts under paragraph (42.a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the following penalties and fines shall be imposed: a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One hundred thousand pesos (100,000.00) to One million pesos (1,000,000.00), if involving species listed as critically endangered; b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if involving endangered species; c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if involving vulnerable species, and;
d) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if involving other protected wildlife species. For illegal acts under paragraph (42.b), the following penalties and/or fines shall be imposed: a) imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty Thousand Pesos (P50,000.00) to Five Hundred Thousand pesos (P500,000.00), if involving species listed as critically endangered; b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00) if involving endangered species; c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if involving vulnerable species, and; d) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if involving other protected wildlife species. For illegal acts under paragraph (42.c) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed. For illegal acts under paragraph (42.d), the following penalties and/or fines shall be imposed: a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if involving species listed as critically endangered; b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00) if involving endangered species; c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if involving vulnerable species, and;
d) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if involving other protected wildlife species. For illegal acts under paragraphs (42.e) of the immediately preceding section, the following penalties and/or fines shall be imposed: a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if involving species listed as critically endangered; b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if involving endangered species; c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if involving vulnerable species; and d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if involving other protected 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 paragraph (42.f) of the immediately preceding section, the following penalties and/or fines shall be imposed. a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00), if involving species listed as critically endangered species; b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if involving endangered species; c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if involving vulnerable species; and
d) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00), if involving other protected wildlife species. For illegal acts under paragraph (42.g) of the immediately preceding section, the following penalties and fines shall be imposed: a) imprisonment from eight (8) years and one (1) day to ten (10) years and a fine of Five hundred thousand pesos (P500,000.00) to One million pesos (P1,000,000.00), or two times the proven market value, whichever is higher, if involving species listed as critically endangered; b) imprisonment from six (6) years and one (1) day to eight (8) years and a fine of Three hundred thousand pesos (P300,000.00) to Six hundred thousand pesos (P600,000.00) or two times the proven market value, whichever is higher, if involving endangered species; c) imprisonment from four (4) years and one (1) day to six (6) years and a fine of One hundred fifty thousand pesos (P150,000.00) to Three hundred thousand pesos (P300,000.00), or two times the proven market value, whichever is higher, if involving vulnerable species; and d) imprisonment from one (1) year and one (1) day to two (2) years and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00), or two times the proven market value, whichever is higher, if involving other protected wildlife species.
Sec. 44. Imposition of Penalty for Violation Committed by Juridical Entity and
Additional Liability. - If the violation is committed by a corporation, cooperative, association or any other juridical persons, the penalty shall be imposed upon the persons who committed the act as well as the president, directors, managers, managing partner, or other officials responsible for such violation. Any government official or employee who is found liable, for any offense penalized by six years of imprisonment of this Act, shall, in addition to the penalty which may be imposed upon him as principal, be perpetually disqualified from holding any public office.
Any person convicted of a violation of this Act shall be permanently and perpetually disqualified from being issued any wildlife permits, clearances, agreements and/or certificates.
Sec. 45. Recovery of Cost and Reparation and Restoration of Affected
Resources. - In addition to the fine and imprisonment that may be imposed for violation of this Act, the offender shall also pay all reasonable costs incurred by the State resulting from the said violation. The cost may include expenses for transport, maintenance of the seized wildlife, and proper disposal thereof. The offender shall likewise be liable to pay the resource economic value, proven to have been lost or suffered as a result of the violation and to indemnify the State for the cost of restoration of the affected resource.
Sec. 46. Escalation of the Amount of Fines. - The fines herein prescribed shall
automatically increase, without need for further legislation or administrative issuance, by ten percent (10%) every five (5) years from the effectivity of this Act to maintain the deterrent function of such fines.
Sec. 47. Disputable Presumptions. - Without the appropriate wildlife permit,
certification or clearance, or authority, at the time of apprehension, the following shall constitute a presumption that a corresponding offense, penalized under this Act, has been committed by the person/s involved: a) Possession of any collecting paraphernalia along with uprooted protected wild flora and derivatives shall be a disputable presumption that the possessor caused collection of wild flora-and/or derivatives, as appropriate; and b) Failure on the part of the airfreight, shipping, trucking or forwarding companies from whose possession the of wild flora, by-products and/or derivatives are discovered or seized to fully cooperate in the investigation by concerned government authorities on the matter shall create a presumption that there is connivance or conspiracy between the company and the shipper to violate the relevant provisions of this Act.
Sec. 48. Regulation of Botanical Gardens, Arboretum and Other Similar
Establishments. - The DENR, DA, PCSD and BMG shall encourage the
establishment, operation and maintenance of botanical gardens, arboretum and other similar establishments for recreation, education and conservation. The DENR, DA, PCSD and BMG shall likewise promulgate regulations for such purpose, including the collection of wild flora as mother plants for such establishments.
Sec. 49. Heritage Trees. - In coordination with and with assistance from the
DENR, PCSD, or BMG, Local Government Units shall declare or designate as heritage trees certain qualified native tree species within their territorial jurisdiction. The DENR, PCSD or BMG or their authorized representatives may provide guidelines on the selection of heritage trees and for their protection and propagation of seeds and wildlings. CHAPTER V MISCELLANEOUS PROVISIONS
Sec. 50. Designation of Management and Scientific Authorities for
International Trade in Endangered Species of Wild Fauna and Flora. - For the implementation of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the management authorities for terrestrial and aquatic resources shall be the Biodiversity Management Bureau (BMB) of the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively. In the Province of Palawan and Bangsamoro Autonomous Region in Muslim Mindanao, the implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611, and the Bangsamoro Government (BMG) pursuant to Republic Act No. 11054. To provide advice to the management authorities, there shall be designated scientific authorities for terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR, the University of the Philippines (U.P.) Institute of Biological Sciences, U.P. Institute of Biology and the National Museum and other agencies as may be designated by the Secretary. For the marine and aquatic species, the scientific authorities shall be the National Fisheries Research and Development Institute (NFRDI), U.P. Marine Science Institute, U.P. Visayas, Siliman University and the National Museum and other public or private academic
institutions or agencies as may be designated by the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in the case of marine and aquatic species, the NFRDI shall chair the scientific authorities.
Sec. 51. Establishment of Critical Habitats. - The DENR, DA, PCSD, and BMG
shall designate critical habitats outside protected areas under Republic Act No. 7586, as amended by Republic Act 11038 where threatened species are found. Such designation shall be made on the basis of the best scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in the area, among others. All designated critical habitats shall be protected, in coordination with the local government units and other concerned groups, from any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such purpose, the DENR, DA, PCSD, and BMG may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat.
Sec. 52. Liability under Other Laws. - Prosecution for violation of this Act shall
be without prejudice to the prosecution of the offender for violation of other laws, rules and regulations.
Sec. 53. Creation of Plantilla Positions for Law Enforcement. - The DENR, DA,
PCSD and BMG are hereby authorized to create, subject to existing guidelines, permanent positions of Enforcement Officers, or designate their existing permanent employees as such from their respective enforcement units. Such Enforcement Officers shall have full authority to enforce the provisions of this Act and other Environmental Laws and shall be entitled to all benefits including hazard pay.
Sec. 54. Wildlife Regulatory and Law Enforcement Management Information
System. - DENR, DA, PCSD and BMG shall develop, establish and maintain their respective wildlife law enforcement management information system to aid in the monitoring, regulation, control and surveillance of activities involving wildlife. The system shall also include a database of protected species of wild fauna and flora
which is also accessible to the public. These systems shall be so designed, keeping in mind the need for coordination, support, information sharing and coordinative action among DENR, DA, PCSD, BMG and other relevant agencies.
Sec. 55. Authority to Provide, Adjudicate, and Administer Penalties. - The
DENR, DA, PCSD or BMG are given the power to exercise administrative adjudication in all cases of violations of this Act. For this purpose, DENR, DA, PCSD or BMG, may provide a schedule of administrative penalties for violations of this Act and the Rules and Regulations issued hereunder. In the exercise of its adjudication power, DENR, DA, PCSD or BMG may cause the confiscation, forfeiture and final disposition of all wildlife, its derivatives and by-products as well as tools and conveyances used in connection with the violation. In the same manner, imposed fines and other penalties provided in this Act and the regulations issued hereunder, and cite in contempt those who mislead, evade or refuse to cooperate in the investigation. In relation with this Section, the DENR, DA, PCSD and BMG are further authorized to organize their respective adjudication structures or designate existing structures to implement the adjudication authority provided in this Act, should there be any. To ensure the effective and efficient implementation of this Section, the DENR, DA, PCSD and BMG are further authorized to issue procedural rules and regulations; as appropriate.
Sec. 56. Role of Other National Agencies, Local Government Units and the
General Public. - In addition to the mandated roles and functions as may be provided in this Act and other laws, rules and regulations, National Agencies, Instrumentalities, including Government Owned and Controlled Corporations and Local Government Units shall assist and support the DENR, DA, PCSD and BMG in the implementation and enforcement of this Act. Local government units shall, require the presentation of duly issued permits and/or clearances from DENR, DA, PCSD or BMG as a pre-requisite for the issuance or renewal of business permits and other applicable local government permits and clearances for all business and activities involving wildlife.
Private persons who shall provide information leading to the prosecution and conviction of offenders for any violation of this Act and its implementing rules and regulations shall be given ample protection and reward in accordance with existing regulations.
Sec. 57. Strategic Lawsuit Against Public Participation (SLAPP) in the
Enforcement of this Act. - A legal action filed to harass, vex, exert undue pressure, or stifle any legal recourse that any person, institution, or the government has taken or may take in the enforcement of this Act shall be treated as a Strategic Lawsuit Against Public Participation (SLAPP). The Rules of Procedure for Environmental Cases shall govern the procedure in civil, criminal, and special civil actions involving the enforcement or violations of this Act including actions treated as a SLAPP as provided in this section.
Sec. 58. Wildlife Management Fund. - There is hereby established Wildlife
Management Funds each to be administered by the DENR, DA, PCSD and BMG, as a special account in the National Treasury. It shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and support scientific research, enforcement, monitoring activities, intelligence gathering and monitoring activities, procurement of vehicles, firearms and ammunitions, as well as enhancement of capabilities of relevant agencies. The Fund shall be derived from all fines imposed and damages awarded, proceeds from allowable disposition of wildlife, wildlife by-products and derivatives, fees, charges, donations, endowments, administrative fees or grants in the form of contributions, including award for cost of reparation and restoration of affected resource. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the government. The fund shall be utilized for the monitoring, enforcement, and prosecution activities on trafficking of wildlife; maintenance and operation of rescue centers and for the rehabilitation and restoration of habitats affected by acts committed in violation of this act; purchase, upgrade and maintenance of vehicles, vessels, communication and other equipment used for the monitoring, control and surveillance of wildlife species; scientific research and development activities; capacity development of wildlife personnel, deputized law enforcement agencies
and volunteers, and stakeholders; and, other wildlife conservation-related activities.
Sec. 59. Persons and Deputies Authorized to Enforce the Penal Provisions of
this Act. - Enforcement officers of DENR, DA, PCSD and BMG, Philippine National Police (PNP), the National Bureau of Investigation (NBI) and other law enforcement agencies are authorized to enforce the penal provisions of this Act. These agencies shall designate wildlife enforcement officers to arrest violators of this Act and to seize all wildlife by products and derivatives and, proceeds thereof, including all tools implements and conveyances, used, in relation thereto. DENR, DA PCSD and BMG may also deputize wildlife enforcement officers from Local Government Units, Non-government Organizations and other volunteers who have undergone necessary training for this purpose. These agencies may also seek the cooperation of International and Regional Organizations in the conduct of its investigation and enforcement actions.
Sec. 60. Section 31 of Republic Act No. 9147 is hereby amended to read as
follows: "Section 31. Establishment of Forensics Laboratory in Palawan. - PCSD shall establish a forensics laboratory for the conduct of forensic analyses and other related capabilities for wildlife law enforcement. In this regard, PCSD shall establish partnerships with experts from academic and research institutions and the private sector."
Sec. 61. Creation of Wildlife Traffic Monitoring Units. - The DENR, DA, PCSD
and BMG shall create wildlife traffic monitoring units (WTMUs) in strategic air and seaports all over the country to ensure the strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent international agreements. For this purpose, the DENR, DA PCSD and BMG are authorized to add in their staffing pattern Enforcement Officers, to be assigned at WTMUs. Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions shall turn over intercepted wildlife, by-products and derivatives to the wildlife traffic monitoring unit assigned in the area, or the
Community Environment and Natural Resources Office (CENRO) should the wildlife traffic monitoring unit be not available or not yet organized in the said port or airport.
Sec. 62. Exemption from Taxes. - Any donation, contribution, grant, bequest,
subsidy or financial aid which may be made to the DENR, DA, PCSD, BMG and to NGOs and peoples organizations engaged in wildlife conservation, protection and law enforcement duly registered with the Securities and Exchange Commission or the Cooperative Development Authority, as certified by the local government unit, the DENR, DA or PSCD, for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be exempt from donor's tax.
Sec. 63. Flagship Species. - Local Government Units shall initiate conservation
measures for native wildlife species in their areas. For this purpose, they may adopt flagship species, which shall serve as emblems of conservation for the local government concerned. The DENR, DA, PCSD and BMG may provide guidelines on the selection of flagship species.
Sec. 64. Appropriations. - The amount necessary to initially implement the
provisions of this Act shall be charged against the respective appropriations of the DENR, DA, PCSD, AND BMG in the current General Appropriations Act. The amount of Four hundred million pesos (P400,000,000.00) is hereby appropriated for the construction of three state-of-the-art Wildlife Rescue Centers in three Regions to be determined and prioritized by the DENR. Thereafter, such sums as may be necessary to fully implement the provisions of this Act shall be included in the respective appropriations of the DENR, DA, PCSD, AND BMG, as applicable, in the annual General Appropriations Act.
Sec. 65. Implementing Rules and Regulations. - Within one (1) year following
the effectivity of this Act, the DENR, DA, PCSD and BMG shall jointly promulgate the implementing rules and regulations for the effective implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of rules and regulations on joint and inseparable issues shall be done by the DENR, DA. PCSD and BMG. The commitments of the State to international agreements and protocols shall likewise be a consideration in the implementation of this Act.
Section 66. Construction. - The provision of this Act shall be liberally
construed in favor of the conservation and protection of wildlife species and their habitats towards the promotion of ecological balance and enhancement of biological diversity.
Sec. 67. Separability Clause. - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall continue to be in full force and effect.
Sec. 68. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly. =
Sec. 69. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,
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