AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL

INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND
FOR OTHER PURPOSES

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

assembled:

Section 1. Title This Act shall be known and referred to as the "National Integrated Protected
Areas System Act of 1992.

Section 2. Declaration of Policy Cognizant of the profound impact of mans activities on all
components of the natural environment particularly the effect of increasing population, resource
exploitation and industrial advancement and recognizing the critical importance of protecting and
maintaining the natural biological and physical diversities of the environment notably on areas with
biologically unique features to sustain human life and development, as well as plant and animal life,
it is hereby declared the policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas within the classification of national park as
provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological
values that may be incorporated into a holistic plan representative of our natural heritage; that
effective administration of this area is possible only through cooperation among national
government, local government and concerned private organizations; that the use and enjoyment of
these protected areas must be consistent with the principles of biological diversity and sustainable
development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS),
which shall encompass outstandingly remarkable areas and biologically important public lands that
are habitats of rare and endangered species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as "protected
areas".

Section 3. Categories The following categories of protected areas are hereby established:

a. Strict nature reserve;

b. Natural park;

c. Natural monument;

d. Wildlife sanctuary;

e. Protected landscapes and seascapes;

f. Resource reserve;

g. Natural biotic areas; and

h. Other categories established by law, conventions or international agreements which the

Philippine Government is a signatory.
Section 4. Definition of Terms For purposes of this Act, the following terms shall be defined as
follows:

1. "National Integrated Protected Areas System (NIPAS)" is the classification and

administration of all designated protected areas to maintain essential ecological processes
and life-support systems, to preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural conditions to the greatest extent
possible;

2. "Protected Area" refers to identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation;

3. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8 that need special development control in
order to avoid or minimize harm to the protected area;

4. "Indigenous cultural community" refers to a group of people sharing common bonds of

language, customs, traditions and other distinctive cultural traits and who have since time
immemorial, occupied, possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of natural wilderness character

which has been withdrawn from settlement, occupancy or any form of exploitation except in
conformity with approved management plan and set aside as such exclusively to conserve
the area or preserve the scenery, the natural and historic objects, wild animals and plants
therein and to provide enjoyment of these features in such areas;

6. "Natural monuments" is a relatively small area focused on protection of small features to

protect or preserve nationally significant natural features on account of their special interest
or unique characteristics;

7. "Natural biotic area" is an area set aside to allow the way of life of societies living in
harmony with the environment to adapt to modern technology at their pace;

8. "Natural park" is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational and
recreational use;

9. "Protected landscapes/seascapes" are areas of national significance which are

characterized by the harmonious interaction of man and land while providing opportunities
for public enjoyment through the recreation and tourism within the normal lifestyle and
economic activity of these areas;

10. "Resource reserve" is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning;

11. "Strict nature reserve" is an area possessing some outstanding ecosystem, features
and/or species of flora and fauna of national scientific importance maintained to protect
 nature and maintain processes in an undisturbed state in order to have ecologically
representative examples of the natural environment available for scientific study,
environmental monitoring, education, and for the maintenance of genetic resources in a
dynamic and evolutionary state;

12. "Tenured migrant communities" are communities within protected areas which have
actually and continuously occupied such areas for five (5) years before the designation of the
same as protected areas in accordance with this Act and are solely dependent therein for
subsistence; and

13. "Wildlife sanctuary" comprises an area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or physical
features of the environment where these may require specific human manipulations for their
perpetuation.

Section 5. Establishment and Extent of the System The establishment and operationalization of
the System shall involve the following:

1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a
law, presidential decree, presidential proclamation or executive order as national park, game
refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed,
mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed
landscape/seascape as well as identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System. The initial components of the
System shall be governed by existing laws, rules and regulations, not inconsistent with this
Act;

2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate
and the House of Representatives a map and legal descriptions or natural boundaries of
each protected area initially comprising the System. Such maps and legal description shall,
by virtue of this Act, constitute the official documentary representation of the entire System,
subject to such changes as Congress deems necessary;

3. All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing them, copies of
public notices of, and reports submitted to Congress regarding pending additions,
eliminations, or modifications shall be made available to the public. These legal documents
pertaining to protected areas shall also be available to the public in the respective DENR
Regional Offices, Provincial Environment and Natural Resources Offices (PENROs) and
Community Environment and Natural Resources Offices (CENROs) where NIPAS areas are
located;

4. Within three (3) years from the effectivity of this Act, the DENR shall study and review
each area tentatively composing the System as to its suitability or non-suitability for
preservation as protected area and inclusion in the System according to the categories
established in Section 3 hereof and report its findings to the President as soon as each study
is completed. The study must include in each area:

1. A forest occupants survey;

2. An ethnographic study;
 3. A protected area resource profile;

4. Land use plans done in coordination with the respective Regional Development
Councils; and

5. Such other background studies as will be sufficient bases for selection.

The DENR shall:

1. Notify the public of proposed action through publication in a newspaper of general

circulation, and such other means as the System deems necessary in the area or areas in
the vicinity of the affected land thirty (30) days prior to the public hearing;

i. Conduct public hearings at the locations nearest to the area affected;

ii. At least thirty (30) days prior to the date of hearing, advise all Local Government
Units (LGUs) in the affected areas, national agencies concerned, peoples
organizations and non-government organizations and invite such officials to submit
their views on the proposed action at the hearing not later than thirty (30) days
following the date of hearing; and

iii. Give due consideration to the recommendations at the public hearing; and provide
sufficient explanation for his recommendations contrary to the general sentiments
expressed in the public hearing;

2. Upon receipt of the recommendations of the DENR, the President shall issue a
presidential proclamation designating the recommended areas as protected areas and
providing for measures for their protection until such time when Congress shall have enacted
a law finally declaring such recommended areas as part of the integrated protected area
systems; and

3. Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or reclassification of
each area on which review has been completed, together with maps and legal description of
boundaries. The President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous area of
public land of predominant physical and biological value. Nothing contained herein shall limit
the President to propose, as part of his recommendation to Congress, additional areas which
have not been designated, proclaimed or set aside by law, presidential decree, proclamation
or executive orders as protected area/s.

Section 6. Additional Areas to be Integrated to the System. Notwithstanding the establishment of

the initial component of the additional areas with outstanding physical features, anthropological
significance and biological diversity in accordance with the provisions of Section 5d.

Section 7. Disestablishment as Protected Area. When in the opinion of the DENR a certain
protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a
study and sanctioned by the majority of the members of the respective boards for the protected area
as herein established in Section 11, it shall, in turn, advice Congress. Disestablishment of a
protected area under the System or modification of its boundary shall take effect pursuant to an act
of Congress. Thereafter, said area shall revert to the category of public forests unless otherwise
classified by Congress: Provided however, that after disestablishment by Congress, the Secretary
may recommend the transfer of such disestablished area to other government agencies to serve
other priority programs of national interest.

Section 8. Buffer Zones. For each protected area, there shall be established peripheral buffer
zones when necessary, in the same manner as Congress establishes the protected area, to protect
the same from activities that will directly and indirectly harm it. Such buffer zones shall be included in
the individual protected area management plan that shall prepared for each protected area. The
DENR shall exercise its authority over protected areas as provided in this Act on such area and
designated as buffer zones.

Section 9. Management Plans. There shall be a general management planning strategy to serve
as guide in formulating individual plans for each protected area. The management planning strategy
shall, at the minimum, promote the adoption and implementation of innovative management
techniques including if necessary, the concept of zoning, buffer zone management for multiple use
and protection, habitat conservation and rehabilitation, diversity management, community
organizing, socioeconomic and scientific researches, site-specific policy development, pest
management, and fire control. The management planning strategy shall also provide guidelines for
the protection of indigenous cultural communities, other tenured migrant communities and sites for
close coordination between and among local agencies of the Government as well as the private
sector.

Each component area of the System shall be planned and administered to further protect and
enhance the permanent preservation of its natural conditions. A management manual shall be
formulated and developed which must contain the following: an individual management plan
prepared by three (3) experts, basic background information, field inventory of the resources within
the area, an assessment of assets and limitations, regional interrelationships, particular objectives
for managing the area, appropriate division of the area into management zones, a review of the
boundaries of the area, and a design of the management programs.

Section 10. Administration and Management of the System. The National Integrated Protected
Areas System is hereby placed under the control and administration of the Department of
Environment and Natural Resources. For this purpose, there is hereby created a division in the
regional offices of the Department to be called the Protected Areas and Wildlife Division in regions
where protected areas have been established, which shall be under the supervision of a Regional
Technical Director, and shall include subordinate officers, clerks, and employees as may be
proposed by the Secretary, duly approved by the Department of Budget and Management, and
appropriated by the Congress. The Service thus established shall manage protected areas and
promote the permanent preservation, to the greatest extent possible of their natural conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and
all of the following acts:

a. To conduct studies on various characteristic features and conditions of the different

protected areas, using commonalities in their characteristics, classify and define them into
categories and prescribe permissible or prohibited human activities in each category in the
System;

b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for the
preservation and control of activities that may threaten the ecological balance in the
protected areas;
 c. To cause the preparation of and exercise the power to review all plans and proposals for
the management of protected areas;

d. To promulgate rules and regulations necessary to carry out the provisions of this Act;

e. To deputize field officers and delegate any of his powers under this Act and other laws to
expedite its implementation and enforcement;

f. To fix and prescribe reasonable NIPAS fees to be collected from government agencies or
any person, firm or corporation deriving benefits from the protected areas;

g. To exact administrative fees and fines as authorized in Section 21 for violation of

guidelines, rules and regulations of this Act as would endanger the viability of protected
areas;

h. To enter into contracts and/or agreements with private entities or public agencies as may
be necessary to carry out the purposes of this Act;

i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or
bequests of money for immediate disbursements or other property in the interest of the
NIPAS, its activities or its services;

j. To call on any agency or instrumentality of the Government as well as academic

institutions, non-government organizations and the private sector as may be necessary to
accomplish the objectives and activities of the System;

k. To submit an annual report to the President of the Philippines and to Congress on the
status of protected areas in the country;

l. To establish a uniform marker of the System, including an appropriate and distinctive

symbol for each category in the System, in consultation with appropriate government
agencies and public and private organizations;

m. To determine the specification of the class, type and style of buildings and other
structures to be constructed in protected areas and the materials to be used;

n. Control the construction, operation and maintenance of roads, trails, waterworks,

sewerage, fire protection, and sanitation systems and other public utilities within the
protected area;

o. Control occupancy of suitable portions of the protected area and resettle outside of said
area forest occupants therein, with the exception of the members of indigenous communities
area; and

p. To perform such other functions as may be directed by the President of the Philippines,
and to do such acts as may be necessary or incidental to the accomplishment of the purpose
and objectives of the System.

Section 11. Protected Area Management Board. A Protected Area Management Board for each of
the established protected area shall be created and shall be composed of the following: The
Regional Executive Director under whose jurisdiction the protected area is located; one (1)
representative from the autonomous regional government, if applicable; the Provincial Development
Officer; one (1) representative from the municipal government; one (1) representative from each
barangay covering the protected area; one (1) representative from each tribal community, if
applicable; and, at least three (3) representatives from non-government organizations/local
community organizations, and if necessary, one (1) representative from other departments or
national government agencies involved in protected area management.

The Board shall, by a majority vote, decide the allocations for budget, approve proposals for funding,
decide matters relating to planning, peripheral protection and general administration of the area in
accordance with the general management strategy. The members of the Board shall serve for a term
of five (5) years without compensation, except for actual and necessary traveling and subsistence
expenses incurred in the performance of their duties. They shall be appointed by the Secretary of
the DENR as follows:

a. A member who shall be appointed to represent each local government down to barangay
level whose territory or portion is included in the protected area. Each appointee shall be the
person designated by the head of such LGU, except for the Provincial Development Officer
who shall serve ex officio;

b. A member from non-government organizations who shall be endorsed by heads of

organizations which are preferably based in the area or which have established and
recognized interest in protected areas;

c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of
the Board and shall serve as adviser/s in matters related to the technical aspect of
management of the area; and

d. The RED shall act as chairman of the Board. When there are two (2) or more REDs in the
Board, the Secretary shall designate one (1) of them to be the Chairman. Vacancies shall be
filled in the same manner as the original appointment.

Section 12. Environmental Impact Assessment. Proposals for activities which are outside the
scope of the management plan for protected areas shall be subject to an environmental impact
assessment as required by law before they are adopted, and the results thereof shall be taken into
consideration in the decision-making process.

No actual implementation of such activities shall be allowed without the required Environmental
Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA) system.
In instances where such activities are allowed to be undertaken, the proponent shall plan and carry
them out in such manner as will minimize any adverse effects and take preventive and remedial
action when appropriate. The proponent shall be liable for any damage due to lack of caution or
indiscretion.

Section 13. Ancestral Lands and Rights Over Them. Ancestral lands and customary rights and
interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to
govern ancestral lands within protected areas: Provided, that the DENR shall have so power to evict
indigenous communities from their present occupancy nor resettle them to another area without their
consent: Provided, however, That all rules and regulations, whether adversely affecting said
communities or not, shall be subjected to notice and hearing to be participated in by members of
concerned indigenous community.
Section 14. Survey for Energy Resources. Consistent with the policies declared in Section 2
hereof, protected areas, except strict nature reserves and natural parks, may be subjected to
exploration only for the purpose of gathering information on energy resources and only if such
activity is carried out with the least damage to surrounding areas. Surveys shall be conducted only in
accordance with a program approved by the DENR, and the result of such surveys shall be made
available to the public and submitted to the President for recommendation to Congress. Any
exploitation and utilization of energy resources found within NIPAS areas shall be allowed only
through a law passed by Congress.

Section 15. Areas Under the Management of Other Departments and Government
Instrumentalities. Should there be protected areas, or portions thereof, under the jurisdiction of
government instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of
this Act, remain in the said department or government instrumentality; Provided, That the
department or government instrumentality exercising administrative jurisdiction over said protected
area or a portion thereof shall coordinate with the DENR in the preparation of its management plans,
upon the effectivity of this Act.

Section 16. Integrated Protected Areas Fund. There is hereby established a trust fund to be
known as Integrated Protected Areas (IPAS) Fund for purposes of financing projects of the System.
The IPAS may solicit and receive donations, endowments, and grants in the form of contributions,
and such endowment shall be exempted from income or gift taxes and all other taxes, charges or
fees imposed by the Government or any political subdivision or instrumentality thereof.

All incomes generated from the operation of the System or management of wild flora and fauna shall
accrue to the Fund and may be utilized directly by the DENR for the above purpose. These incomes
shall be derived from:

a. Taxes from the permitted sale and export of flora and fauna and other resources from
protected areas;

b. Proceeds from lease of multiple use areas;

c. Contributions from industries and facilities directly benefiting from the protected area; and

d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed by the
PAMBs, in the amounts authorized by the DENR.

Section 17. Annual Report to Congress. At the opening of each session of Congress, the DENR
shall report to the President, for transmission to Congress, on the status of the System, regulation in
force and other pertinent information, together with recommendations.

Section 18. Field Officers. All officials, technical personnel and forest guards employed in the
integrated protected area service or all persons deputized by the DENR, upon recommendation of
the Management Board shall be considered as field officers and shall have the authority to
investigate and search premises and buildings and make arrests in accordance with the rules on
criminal procedure for the violation of laws and regulations relating to the protected areas. Persons
arrested shall be brought to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers
from arresting any person in the act of violating said laws and regulations.
Section 19. Special Prosecutors. The Department of Justice shall designate special prosecutors to
prosecute violations of laws, rules and regulations in protected areas.

Section 20. Prohibited Acts. Except as may be allowed by the nature of their categories and
pursuant to rules and regulations governing the same, the following acts are prohibited within
protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products

derived therefrom without a permit from the Management Board;

b. Dumping of any waste products detrimental to the protected area, or to the plants and
animals or inhabitants therein;

c. Use of any motorized equipment without a permit from the Management Board;

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural

communities (of scenic value);

e. Damaging and leaving roads and trails in a damaged condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any

business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in

bodies of water; and

i. Altering, removing destroying or defacing boundary marks or signs.

Section 21. Penalties. Whoever violates this Act or any rules and regulations issued by the
Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of
the offenses in the preceding section shall be fined in the amount of not less than Five thousand
pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the value of
the thing damaged or imprisonment for not less than one (1) year but not more than six (6) years, or
both, as determined by the court: Provided, that, if the area requires rehabilitation or restoration as
determined by the court, the offender shall be required to restore or compensate for the restoration
to the damages: Provided, further, that court shall order the eviction of the offender from the land
and the forfeiture in favor of the Government of all minerals, timber or any species collected or
removed including all equipment, devices and firearms used in connection therewith, and any
construction or improvement made thereon by the offender. If the offender is an association or
corporation, the president or manager shall be directly responsible for the act of his employees and
laborers: Provided, finally, that the DENR may impose administrative fines and penalties consistent
with this Act.

Section 22. Separability Clause. If any part or section of this Act is declared unconstitutional, such
declaration shall not affect the other parts or sections of this Act.

Section 23. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations inconsistent with any provisions of this Act shall be deemed repealed or modified
accordingly.
Section 24. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete
publication in two (2) newspapers of general circulation.

AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE

RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

Section 1. Title. This act shall be known as the "Wildlife Resources Conservation and Protection
Act."

Section 2. Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife
resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the
following objectives:

(a) to conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;

(b) to regulate the collection and trade of wildlife;

(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and

(d) to initiate or support scientific studies on the conservation of biological diversity.

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 protected areas under Republic Act No. 7586,
otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical
habitats. This Act shall also apply to exotic species which are subject to trade, are cultured,
maintained and/or bred in captivity or propagated in the country.

Section 4. Jurisdiction of the Department of Environment and Natural Resources and the
Department of Agriculture. The Department of Environment and Natural Resources (DENR) shall
have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland
species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The
Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all
aquatic resources including but not limited to all fishes, aquatic 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 herein conferred is vested to the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611.

CHAPTER II
DEFINITION OF TERMS

Section 5. Definition of Terms. As used in the Act, the term:

(a) "Bioprospecting" means the research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived there from solely for commercial
purposes;

(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in
processed form. This includes stuffed animals and herbarium specimens;

(c) "Captive-breeding/culture or propagation" means the process of producing individuals under

controlled conditions or with human interventions;

(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-products or
derivatives;

(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or maintenance,
restoration and enhancement of the habitat;

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

(g) "Economically important species" means species or subspecies which have actual or potential
value in trade or utilization for commercial purpose;

(h) "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;

(i) "Endemic species" Means species or subspecies which is naturally occurring and found only
within specific areas in the country;

(j) "Exotic species" means species or subspecies which do not naturally occur in the country;

(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines
to any other country;

(l) "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial
scientific, or educational undertaking to collect wildlife;

(m) "Habitat" means place or environment where species or subspecies naturally occur or has
naturally established its population;

(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from another
country;

(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally
established population in the country;

(p) "Introduction" means bringing species into the wild that is outside its natural habitat;

(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a
previous imported wildlife;
(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural
Resources and the Secretary of the Department of Agriculture;

(s) "Threatened species" 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;

(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase or sale
of wildlife, their derivatives or by-products, locally or internationally;

(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with written or
unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by
them;

(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from one
place to another within the territorial jurisdiction of the Philippines;

(w) "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;

(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including
those which are in captivity or are being bred or propagated;

(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain species and
quantities of wildlife for commercial purposes; and

(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife breeding
farm for conservation, trade and/or scientific purposes.

CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE ONE
General Provision

Section 6. Wildlife Information. All activities, as subsequently manifested under this Chapter, shall
be authorized by the Secretary upon proper evaluation of best available information or scientific data
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 Secretary shall regularly update
wildlife information through research.

Section 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Section 6
of this Act:Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection
techniques with least or no detrimental effects to the existing wildlife populations and their habitats
shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may be
allowed for traditional use and not primarily for trade:Provided, furthermore, That collection and
utilization for said purpose shall not cover threatened species: Provided, finally, That Section 23 of
this Act shall govern the collection of threatened species.
Section 8. Possession of Wildlife. - No person or entity shall be allowed possession of wildlife
unless such person or entity can prove financial and technical capability and facility to maintain said
wildlife: Provided,

That the source was not obtained in violation of this Act.

Section 9. Collection and/or Possession of By-Products and Derivatives. By-products and

derivatives may be collected and/or possessed: Provided, That the source was not obtained in
violation of this Act.

Section 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of wildlife, by-
products and derivatives collected or possessed through any other means shall be authorized unless
the same is prejudicial to the wildlife and public health.

Section 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or
imported from another country as may be authorized by the Secretary or the designated
representative, subject to strict compliance with the provisions of this Act and rules and regulations
promulgated pursuant thereto: Provided, That the recipient of the wildlife is technically and financially
capable to maintain it.

Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The

introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for
population enhancement of recovery purposes subject to prior clearance from the Secretary of the
authorized representative pursuant to Section 6 of this Act. Any proposed introduction shall be
subject to a scientific study which shall focus on the bioecology. The proponent shall also conduct
public consultations with concerned individuals or entities.

Section 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the country,
unless a clearance from the Secretary or the authorized representative is first obtained. In no case
shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to
critical habitats under Section 25 hereof.

In cases where introduction is allowed, it shall be subject to environmental impact study which shall
focus on the bioecology, 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.

Section 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an undertaking by

any proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and
conditions that may be imposed by the Secretary which are necessary to protect biological diversity.

The Secretary or the authorized representative, in consultation with the concerned agencies, before
granting the necessary permit, shall require that prior informed consent be obtained by the applicant
from the concerned indigenous cultural communities, local communities, management board under
Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and
scope of the bioprospecting activity in a language and process understandable to the community.
The prior informed consent from the indigenous peoples shall be obtained in accordance with
existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a
reasonable period.

Upon submission of the complete requirements, the Secretary shall act on the research proposal
within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should 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.

Section 15. Scientific Researches on Wildlife. Collection and utilization of biological resources for
scientific research and not for commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized
representative: Provided, That prior clearance from concerned bodies shall be secured before the
issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall
likewise apply.

Section 16. Biosafety - All activities dealing on genetic engineering and 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 in accordance
with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife
and their habitats.

Section 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or propagation

of wildlife for commercial purposes shall be allowed by the Secretary or the authorized
representative pursuant to Section 6 through the issuance of wildlife farm culture permit: Provided,
That only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for
trade: Provided, further: That commercial breeding operations for wildlife, whenever appropriate,
shall be subject to an environmental impact study.

Section 18. Economically Important Species. The Secretary, within one (1) year after the effectivity
of this Act, shall establish a list of economically-important species. A population assessment of such
species shall be conducted within a reasonable period and shall be regularly reviewed and updated
by the Secretary.

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

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

Section 19. Designation of Management and Scientific Authorities for International Trade in
Endangered Species of Wild Fauna and Flora. For the implementation of International agreement
on international trade in endangered species of wild fauna and fora, the management authorities for
terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the
DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that
in the Province of Palawan the implementation hereof is vested to the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611.

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 U.P. Institute of
Biological Sciences 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 BFAR, the U.P.
Marine Science Institute, U.P. Visayas, Siliman University and the National Museum and other
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
U.P. Marine Science Institute shall chair the scientific authorities.

Section 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly authorized
representative, in order to effectively implement this Act, shall issue permits/certifications/clearances
with corresponding period of validity, whenever appropriate, which shall include but not limited to the
following:

(1) Wildlife farm or culture permit 3 to 5 years;

(2) Wildlife collector's permit 1 to 3 years;

(3) Gratuitous permit 1 year;

(4) Local transport permit 1 to 3 months; and

(5) Export/Import/Reexport permit 1 to 6 months.

These permits may be renewed subject to the guidelines issued by the appropriate agency and upon
consultation with concerned groups.

Section 21. Fees and Charges. - Reasonable fees and charges as may be determined upon
consultation with the concerned groups, and in the amount fixed by the Secretary shall be imposed
for the issuances of permits enumerated in the preceding section.

For the export of wildlife species, an export permit fee of not greater than three percentum (3%) 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. Cutflowers,
leaves and the like, produced from farms shall be exempted from the said export fee: Provided,
further, That fees and charges shall be reviewed by the Secretary every two (2) years or as the need
arises and revise the same accordingly, subject to consultation with concerned sectors.

ARTICLE TWO
Protection of Threatened Species

Section 22. Determination of Threatened Species. - The Secretary shall determine whether any
wildlife species or subspecies is threatened, and classify the same as critically endangered,
endangered, vulnerable or other accepted categories based on the best scientific data and with due
regard to internationally accepted criteria, including 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 mechanisms; and

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

The Secretary shall review, revise and publish the list of categorized threatened wildlife within one
(1) year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need
arises: Provided, That a species listed as threatened shall not be removed there from within three (3)
years following its initial listing.

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, the Secretary shall evaluate in accordance with the
relevant factors stated in the first paragraph of this section, the status of the species concerned and
act on said petition within a reasonable period.

The Secretary shall also prepare and publish a list of wildlife which resembles so closely in
appearance with listed threatened wildlife, which species shall likewise be categorized as
threatened.

Section 23. Collection of Threatened Wildlife, By-products and Derivatives The collection of
threatened wildlife, as determined and listed pursuant to this Act, including its by-products and
derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance
with Section 6 of this Act: Provided, That only the accredited individuals, business, research,
educational or scientific entities shall be allowed to collect for conservation breeding or propagation
purposes.

Section 24. Conservation Breeding or Propagation of Threatened Species 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 or propagated species shall be released, reintroduced or restocked.

Commercial breeding or propagation of threatened species may be allowed provided that the
following minimum requirements are met by the applicant, to wit:

(a) Proven effective breeding and captive management techniques of the species; and

(b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act,
simultaneous with conservation breeding.

The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly
revise or update such list or as the need arises.

Section 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity of this
Act, The Secretary shall designate critical habitats outside protected areas under Republic Act No.
7586, 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 Secretary 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.

ARTICLE THREE
Registration of Threatened and Exotic Species
Section 26. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons. -
No person or entity shall be allowed possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said wildlife. Twelve (12) months after the
effectivity of this Act, the Secretary shall set a period, within which persons/entities shall register all
threatened species collected and exotic species imported prior to the effectivity of this Act. However,
when the threatened species is needed for breeding/propagation or research purposes, the State
may acquire the wildlife through a mutually acceptable arrangement.

After the period set has elapsed, threatened wildlife possessed without certificate of registration shall
be confiscated in favor of the government, subject to the penalties herein provided.

All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which
may later become so, shall likewise be registered during the period set after the publication of the
updated list of threatened species.

CHAPTER IV
ILLEGAL ACTS

Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful
for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the
following acts;

(a) killing and destroying wildlife species, 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 wildlife is afflicted with an incurable communicable disease;

(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;

(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and

(v) when the wildlife is killed or destroyed after it has been used in authorized research or
experiments.

(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;

(c) effecting any of the following acts in critical habitat(s)

(i) dumping of waste products detrimental to wildlife;

(ii) squatting or otherwise occupying any portion of the critical habitat;

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

 (vi) quarrying

(d) introduction, reintroduction or restocking of wildlife resources;

(e) trading of wildlife;

(f) collecting, hunting or possessing wildlife, their by-products and derivatives;

(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 paragraph; and

(i) transporting of wildlife.

CHAPTER V
FINES AND PENALTIES

Section 28. Penalties for Violations of this Act. For any person who undertakes illegal acts under
paragraph (a) of the immediately preceding section to any species as may be categorized pursuant
to this Act, the following penalties and/or 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 (P100,000.00) to One million pesos (P1,000,000.00), if inflicted or
undertaken against species listed as critical;

(b) imprisonment of four (4) 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 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 Thirty thousand
pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken
against vulnerable species;

(d) 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 inflicted or undertaken against
other threatened species; and

(e) 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 inflicted or undertaken
against other wildlife species.

For illegal acts under paragraph (b) of the immediately preceding section, the following penalties
and/or fines shall be imposed;

(a) imprisonment of 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 inflicted or
undertaken against species listed as critical;

(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 inflicted or undertaken
against 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 inflicted or undertaken
against vulnerable species;

(d) imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against other
threatened species; and

(e) 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 inflicted or undertaken against other wildlife
species.

For illegal acts under paragraphs (c) and (d) 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 (e), 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 inflicted or undertaken
against species listed as critical;

(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 inflicted or undertaken against
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 inflicted or undertaken against
vulnerable species;

(d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred
pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species
listed as threatened species; and

(e) 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 inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (f) and (g) 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 inflicted or undertaken
against species listed as critical;

(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 inflicted or undertaken
against 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 inflicted or undertaken against
vulnerable species;
(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand
pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species as
other threatened species; and

(e) 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 inflicted or undertaken against other wildlife species: Provided,
That in case of paragraph (f), where the acts were perpetuated through the means of inappropriate
techniques and devices, the maximum penalty herein provided shall be imposed.

For illegal acts under paragraph (h) and (i) 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 inflicted or undertaken against
species listed as critical 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 inflicted or undertaken against
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 inflicted or undertaken against
vulnerable species;

(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 inflicted or undertaken against species listed as other
threatened species;

(e) 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 inflicted or undertaken against other wildlife species.

All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in
connection with violations of this Act, shall be ipso facto forfeited in favor of the
government; Provided, That where the ownership of the aforesaid conveyances belong to third
persons who has no participation in or knowledge of the illegal acts, the same may be released to
said owner. The apprehending agency shall immediately cause the transfer of all wildlife that have
been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area.

If the offender is an alien, he shall be deported after service and payment of fines, without any
further proceedings.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to
compensate for inflation and to maintain the deterrent function of such fines.

CHAPTER VI
MISCELLANEOUS PROVISIONS

Section 29. Wildlife Management Fund. There is hereby established a Wildlife Management Fund
to be administered by the Department as a special account in the National Treasury which shall
finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and
support scientific research, enforcement and monitoring activities, as well as enhancement of
capabilities of relevant agencies.

The Fund shall derive from fines imposed and damages awarded, fees, charges, donations,
endowments, administrative fees or grants in the form of contributions. Contributions to the Fund
shall be exempted from donor taxes and all other tax charges or fees imposed by the government.

Section 30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize wildlife
enforcement officers from non-government organizations, citizens groups, community organizations
and other volunteers who have undergone necessary training for this purpose. The Philippine
National Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of
Investigation (NBI) and other law enforcement agencies shall designate wildlife enforcement officers.
As such, the wild enforcement officers shall have the full authority to seize illegally traded wildlife
and to arrest violators of this Act subject to existing laws, rules and regulations on arrest and
detention.

Section 31. Establishment of National Wildlife Research Centers. The Secretary shall establish
national wildlife research centers for terrestrial and aquatic species to lead in the conduct of scientific
researches on the proper strategies for the conservation and protection of wildlife, including captive
breeding or propagation. In this regard, the Secretary shall encourage the participation of experts
from academic/research institutions and wildlife industry.

Section 32. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife rescue
centers to take temporary custody and care of all confiscated, abandoned and/or donated wildlife to
ensure their welfare and well-being. The Secretary shall formulate guidelines for the disposition of
wildlife from the rescue centers.

Section 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife traffic
monitoring units 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.

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, prior
to further disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in
the area.

Section 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or financial aid
which may be made to the Department of Environment and Natural Resources or to the Department
of Agriculture and to NGOs engaged in wildlife conservation duly registered with the Securities and
Exchange Commission as certified by the local government unit, the Department of Environment and
Natural Resources or the Department of Agriculture, 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.

Section 35. Flagship Species. Local government units shall initiate conservation measures for
endemic species in their areas. For this purpose, they may adopt flagship species such as the Cebu
black shama (copsychus cebuensis), tamaraw (bubalus mindorensis), Philippine tarsier (tarsius
syrichta), Philippine teak (tectona philippinensis), which shall serve as emblems of conservation for
the local government concerned.
Section 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The Secretary
shall regulate the establishment, operation and maintenance of botanical gardens, zoological parks
and other similar establishments for recreation, education and conservation.

Section 37. Implementing Rules and Regulations. - Within twelve (12) months following the
effectivity of this Act, secretaries of the Department of Environment and Natural Resources and the
Department of Agriculture, in coordination with the Committees on Environment and Ecology of the
Senate and the House of Representatives, respectively, shall promulgate respective 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 both Departments. The commitments of the State to international agreements and protocols
shall likewise be a consideration in the implementation of this Act.

Section 38. Appropriations. - The amount necessary to implement the provisions of this Act shall be
charged against the appropriations of the Department of Environment and Natural Resources in the
current General Appropriations Act. Therefore, such sums as may be necessary to fully implement
the provisions of this Act shall be included in the annual General Appropriations Act.

Section 39. Separability Clause. - Should any provision of this Act be subsequently declared as
unconstitutional, the same shall not affect the validity or the legality of the other provisions.

Section 40. Repealing Clause. - Act Nos. 2590 and 3983, Commonwealth Act No. 63, as amended,
Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other laws, orders and
regulations inconsistent herewith are hereby repealed or amended accordingly.

Section 41. Effectivity. - This Act shall take effect fifteen (15) days after publication in the Official
Gazette or two (2) newspapers of general circulation.

PRESCRIBING GUIDELINES AND ESTABLISHING A REGULATORY FRAMEWORK FOR THE

PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES, THEIR BY-PRODUCTS AND
DERIVATIVES, FOR SCIENTIFIC AND COMMERCIAL PURPOSES; AND FOR OTHER
PURPOSES

WHEREAS, Section 16, Article II of the Philippine Constitution, vests in the State the ultimate
responsibility to preserve and protect the environment; and Section 2 Article XII, provides that
wildlife, flora and fauna, among others, are owned by the State and the disposition, development
and utilization thereof are under its full control and supervision;

WHEREAS, it is in the interest of the State's conservation efforts to ensure that the research,
collection, and use of species, genes and their products be regulated; and to identify and recognize
the rights of indigenous cultural communities and other Philippine communities to their traditional
knowledge and practices when this information is directly and indirectly put to commercial use;

WHEREAS, under Article 16 of the Convention on Biological Diversity of which the Philippines is a
party, each contracting party is mandated to take legislative, administrative or policy measures, as
appropriate, with the aim that contracting parties, in particular those that are developing countries,
which provide genetic resources are provided access to and transfer of technology which makes use
of those resources, on mutually agreed terms, including technology protected by patents and other
intellectual property rights;
WHEREAS, the Department on Environment and Natural Resources (DENR) is the primary
government agency responsible for the conservation, management, development, and sustainable
use of the country's environment and natural resources; the Department of Science and Technology
(DOST), the primary agency mandated to promote local capability in science and technology to
achieve technological self-reliance in selected areas vital to national development; the Department
of Agriculture (DA), the agency responsible for the promotion of sustainable agriculture and aquatic
resource development; the Department of Health (DOH), the agency responsible for the formulation,
planning, implementation, and coordination of policies and programs in the field of health, including
the research, regulation, and development of drugs and medicine; the Department of Foreign Affairs
(DFA), the agency responsible for promoting international relations;

WHEREAS, an inter-agency approach is the most appropriate way of regulating the research,
collection, exploitation and use of biological and genetic resources;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of
the powers vested in me by Law and the Constitution, do hereby order:

Sec. 1. Policy of the State. It shall be the policy of the State to regulate the prospecting of biological
and genetic resources so that these resources are protected and conserved, are developed and put
to the sustainable use and benefit of the national interest. Further, it shall promote the development
of local capability in science and technology to achieve technological self-reliance in selected areas.

Sec. 2. Consent of Indigenous Cultural Communities.

a. Prospecting of biological and genetic resources shall be allowed within the ancestral lands and
domains of indigenous cultural communities only with the prior informed consent of such
communities; obtained in accordance with the customary laws of the concerned community. law phi 1.net

b. Prospecting of biological and genetic resources shall be allowed only with the prior informed
consent of the concerned local communities.

Sec. 3. When Research Agreement Is Necessary. The prospecting of biological and genetic
resources shall be allowed when the person, entity or corporation, foreign or domestic, undertaking
such activities, on recommendation of the Inter-Agency Committee on Biological and Genetic
Resources, has entered into a Research Agreement with the Philippine government, represented by
the DENR, DOH, DA, or DOST, depending on the nature and character of the prospecting activity.
For purposes of this Executive Order, traditional uses of biological resources by indigenous and local
communities shall not require a Research Agreement.

If the research and collection of biological and genetic resources is intended, directly or indirectly, for
commercial purposes, the agreement must be a Commercial Research Agreement. For purposes of
this Executive Order, all Research Agreements with private persons and corporations, including all
agreements with foreign or international entities, shall conform with the minimum requirements of a
Commercial Research Agreement.

If the prospecting of biological and genetic materials is intended primarily for academic purposes, the
agreement shall be an Academic Research Agreement. Only duly-recognized Philippine universities
and academic institutions, domestic governmental entities, and intergovernmental entities may apply
for an Academic Research Agreement.

Where the Commercial or Academic Collector is merely an agent or merely collecting for another
person or entity, the agreement between the Commercial Collector and the Principal must be
reviewed by the Inter-Agency Body to determine the latter agreement does not undermine the
substantive requirements of this Executive Order.

Sec. 4. Application for Academic Research Agreement and Commercial Research Agreement. The
applicant shall first submit an application for a Research Agreement to the Inter-Agency Committee
on Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB). It
must include a research proposal stating the purpose, source of funds, duration, and a list of
biological and genetic materials and the amount to be taken. The requisites for research agreements
are in Appendix B.

For Academic Research Agreements, the proposal may be broader and more general in character
as provided in Section 5 (m).

A copy of the proposal must be submitted to the recognized head of the local or indigenous cultural
community or communities that may be affected. Action on the proposal shall be made only after 60
days has lapsed after a copy of the proposal is received by the persons concerned.

Sec. 5. Minimum Terms of the Commercial Research Agreement and Academic Research
Agreement.

The Minimum Terms of the Commercial Research Agreement and Academic Research Agreement
are as follows:

(a) There must be a limit on samples that the Commercial/Academic Collector may obtain and export
and that the approved list and amount of the samples taken from the area must be followed strictly;

(b) A complete set of all specimens collected shall be deposited by the Commercial/Academic
Collector with the National Museum or a duly designated governmental entity; Provided that
holotypes designated by the author must be maintained at the National Museum;

(c) Access to collected specimens and relevant data shall be allowed to all Filipino citizens and the
Philippine governmental entities whenever these specimens are deposited in depositories abroad;

(d) The Commercial/Academic Collector, or in appropriate cases, its Principal, must inform the
Philippine Government, as well as the affected local and indigenous cultural communities all
discoveries from the activity conducted in the Philippines, if a commercial product is derived from
such activity;

(e) The agreement shall include a provision for the payment of royalties to the National Government,
local or indigenous cultural community an individual person or designated beneficiary in case
commercial use is derived from the biological and genetic resources taken. Where appropriate and
applicable, other forms of compensation may be negotiated;

(f) There shall be a provision allowing the Philippine government to unilaterally terminate the
agreement whenever the Commercial/Academic Collector has violated any of its terms. The
Agreement may also be revoked on the basis of public interest and welfare;

(g) A status report of the research and the ecological state of the area and/or species concerned
shall be submitted to the Inter-Agency Committee regularly as agreed upon;
(h) If the Commercial Collector or its Principal is a foreign person or entity, it must be stipulated that
scientists who are citizens of the Philippines must be actively involved in the research and collection
process and, where applicable and appropriate as determined by the Inter-Agency Committee, in the
technological development of a product derived from the biological and/or genetic resources taken
from any area in the Philippines. This involvement shall be at the cost of the Commercial Collector;

(i) The Commercial Collector and/or its Principal shall be encouraged to avail of the services of
Philippine universities and academic institutions. Where applicable and appropriate, the Commercial
Collector and/or its Principal shall be required to transfer equipment to a Philippine institution or
entity.
law phi1.net

(j) A fixed fee must be paid to the DENR in accordance with a schedule of fees formulated by the
Inter-Agency Committee;

(k) The maximum term for a Commercial Research Agreement shall be for three years and
renewable upon review by the Inter-Agency Committee; and

(l) In case of endemic species, there must be a statement that the technology must be made
available to a designated Philippine institution and can be used commercially and locally without
paying royalty to a Collector or Principal. Provided, however, that where appropriate and applicable,
other agreements may be negotiated.

Provided, further, that the following terms shall be considered in an Academic Research Agreement;

(m) The Academic Research Agreement may be comprehensive in scope and cover as may areas
as may be projected. It may stipulate that all scientists and researchers affiliated with a duly-
recognized university, academic institution, governmental and intergovernmental entity need not
apply for a different Research Agreement but may conduct research and collection activities in
accordance with an existing Academic Research Agreement. In such cases, the university,
academic institution and governmental entity shall ensure that all the terms and conditions of the
government are complied with by the affiliated scientist or researcher. In all cases, the university
institution or governmental entity must ensure that affected communities have given their prior
informed consent to the activities to be undertaken;

(n) There must be a provision requiring the Academic Collector to apply for a commercial research
agreement when it becomes clear that the research and collection being done has commercial
prospects.

(o) A minimal fee must be paid to the Philippine government in accordance with a schedule of fees
by the Inter-Agency Committee; and

(p) The maximum term for an Academic Research Agreement shall be for five years and renewable
upon review by the Inter-Agency Committee.

Sec 6. Composition and Functions of the Inter-Agency Committee on Biological and Genetic
Resources. An Inter-Agency Committee on Biological and Genetic Resources attached to the DENR
is hereby created as the regulatory body to ensure that the provisions of this Executive Order are
enforced and implemented. The Inter-Agency Committee shall be composed of the following:

1. An Undersecretary of the Department of Environment and Natural Resources designated by the

DENR Secretary who shall be the Chairperson of the Committee.
2. An Undersecretary of the Department of Science and Technology (DOST) designated by the
DOST Secretary who shall be Co-Chairperson of the Committee.

3. A permanent representative of the Secretary of the Department of Agriculture, who must be

knowledgeable about biodiversity or biotechnology. lawphi 1.net

4. Two permanent representatives of the Philippine science community from the academe and who
must be experts in any of the following fields: biodiversity, biotechnology, genetics, natural products
chemistry or similar disciplines, shall be appointed by the DOST Secretary after nominations from
and consultations with the science community. lawphi1.net

5. A permanent representative of the Secretary of the Department of Health who must be

knowledgeable about pharmaceutical research and development.

6. A permanent representative of the Department of Foreign Affairs who has to facilitate international
linkage relative to bioprospecting.

7. A permanent representative of the National Museum who has expertise on natural history and/or
biological diversity.
law phi 1.net

8. A representative from a Non-Government Organization (NGO) active in biodiversity protection to

be selected by the NGO community through a process designed by themselves and later endorsed
by the Philippine Council of Sustainable Development.

9. A representative from a People's Organization (PC) with membership consisting of indigenous

cultural communities and/or their organizations to be selected by the PO community through a
process designed by themselves and through the endorsement of the Philippine Council for
Sustainable Development.

All members of the Inter-Agency Committee shall serve for a period of three years which may be
renewed for another three years. In case of death, resignation, removal or other circumstance which
requires the replacement of a member, said member may be succeeded by another person with the
same qualifications and appointed in a similar process. The replacement shall serve the unexpired
term of the member replaced.

A Technical Secretariat, to be headed by the PAWB, shall be created to support the work of the
Inter-Agency Committee. The Technical Secretariat shall be staffed with personnel from the PAWB
and other agencies who shall be designated by the members of the Inter-Agency Committee.

Sec. 7. Powers and Functions of the Inter-Agency Committee.

The Inter-Agency Committee shall meet at least once every quarter and shall have the following
functions:

(a) Process applications for Research Agreements and recommend for approval thereof to the
Secretary of DENR, DOH, DA or DOST depending on the nature and character of the prospecting
activity;

(b) Ensure that the conditions for the Research Agreements are strictly observed.
(c) Determine the list and amount of biological and genetic materials that may be taken from the
area and ensure that these are complied with;

(d) Deputize and train appropriate agencies so as to ensure that no biological and genetic materials
are taken from the Philippines and exported abroad except under a valid Research Agreement. It
shall also be ensured that the specimens collected have been deposited in the Philippines;

(e) Ensure that the rights of the indigenous and local communities wherein the collection or
researches are being conducted are protected, including the verification that the consent
requirements in Sections 3 and 4 are complied with. The Inter-Agency Committee, after
consultations with the affected sectors, shall formulate and issue guidelines implementing the
provision on prior informed consent;

(f) Study and recommend to the President and the Congress appropriate laws on the utilization of
biological and genetic resources including new laws on intellectual property rights;

(g) Involve local scientists in the decision making process by creating a Multi-Disciplinary Advisory
Body and other entities as may facilitate local involvement in the research, collection and utilization
of biological and genetic resources;

(h) Develop a conceptual framework, using the research agreements entered into as well as other
data as basis, for significantly increasing knowledge of Philippine biodiversity. The Inter-Agency
Committee shall establish mechanisms to ensure the integration and dissemination of the
information generated from research, collection and utilization activities;

(i) Coordinate with the National Committee on Biosafety when necessary or appropriate;

(j) Issue rules and regulations to effectively carry out the provisions of this Executive Order; and

(k) Perform such other functions as may be necessary to implement this Executive Order.

All decisions of the Inter-Agency Committee must be by a majority of all its members.

Sec. 8. Monitoring Implementation of the Research Agreement. The Protected Areas and Wildlife
Bureau (PAWB) of the DENR shall be the lead agency in monitoring the implementation of the
research agreement. The regional offices of the DENR shall also participate in the monitoring.

Sec. 9. Appeals. Decisions of the Secretary (DENR, DA, DOH OR DOST) may be appealed to the
Office of the President. Recourse to the courts shall be allowed after exhaustion of all administrative
remedies.

Sec. 10. Sanctions and Penalties. Undertaking activities in violation of this Executive Order shall be
subjected to such criminal penalties as may be proper under existing laws including the National
Integrated Protected Areas System Act of 1992 and the Revised Forestry Code. Failure to comply
with the provisions of the Research Agreements entered into under Sections 3, 4 and 5 shall be a
valid cause of immediate termination of the Agreement and the imposition of a perpetual ban on
undertaking prospecting of biological and genetic resources in the Philippines.

Sec. 11. Existing Researches, Contracts Agreements. All existing research projects, where allowed
under existing law, may proceed pending the negotiation and entry into force of appropriate research
agreement. All valid and existing contracts and agreements entered into by the PAWB, the National
Museum or other governmental entities shall remain valid and effective; Provided, that the parties
shall be required to enter into a new agreement conforming to this Executive Order.

Sec. 12. Official Depository. The official depository of all original and official documents such as
agreements and minutes of the meeting is the PAWB.

Sec. 13. Funding. The activities of the Inter-Agency Committee on Biological and Genetic resources
shall be funded in accordance with law. Such funding, where allowed by law, may include savings
coming from the appropriate and concerned Departments and proceeds from the fees imposed on
the Research Agreements.

Sec. 14. Effectivity. This Executive Order and Rules and Regulations takes effect immediately upon
publication in two newspapers of general circulation and upon filing of three certified copies with the
U.P. Law Center.

Sec. 15. Implementing Rules and Regulations. The implementing rules and regulations shall be
formulated by the Inter-Agency Committee and signed by the Secretary of DENR not later than three
months after the effectivity of the Executive Order.