DETERIORATION OF WILDLIFE IN MT.

PULAG

LOSS OF BIODIVERSITY

Section 2-A Group

College of Law
University of the Cordilleras

November 2016

DETERIORATION OF WILDLIFE IN MT. PULAG

I. INTRODUCTION
Forests supply multiple environmental, economic and social services, all
of which are significant to human development.
The rich biodiversity of life and their interaction with soil, air and water
have led to the provision of goods and ecosystem services that contribute to a
hospitable living environment. Goods include food, water, medicine, clothing,
shelter and other materials that support peoples basic needs. The resources also
serve as the foundation of a number of industries that provide livelihoods to
millions of people, such as forestry, pharmaceuticals, construction, water
distribution and others.1
Mt. Pulag encompasses 11,560 hectares of mid-elevation forest and
grassland in the Philippines, a biodiverse habitat threatened by agriculture,
hunting, logging, tourism and road construction.2 It is a habitat to 528 documented
plant species, 33 bird species, and several threatened mammals.3
The summit of Mt. Pulag is covered with grass and dwarf bamboo plants.
At lower elevations, the mountainside has a mossy forest veiled with fog, and full
of ferns, lichens and moss. Below this is the pine forest growing on barren, rocky
slopes. Falls, rivers and small lakes mark the area.4

1 Philippine Tropical Forest Conservation Foundation, Inc, Status of Philippine Forests,

in CONNECTING FORESTS, PEOPLE AND DEVELOPMENT 38
2 Naughton, L. COLLABORATIVE LAND USE PLANNING: Zoning for Conservation
and Development in Protected Areas, in TENURE BRIEF 8 (No. 4; August 2007)
3 Porfirio, J. Chamos, L. & Pinas,G. Indigenous peoples, the state and national parks:
Governmentality rifts and indigenous responses in Mount Pulag 3
4 Available at http://whc.unesco.org/en/tentativelists/5030/

DETERIORATION OF WILDLIFE IN MT. PULAG

The Park has a large diversity of flora and fauna, many of which are
endemic to the mountain. Its wildlife includes threatened mammals such as the
Philippine Brown Deer, Northern Luzon Giant Cloud Rat and the Luzon Pygmy
Fruit Bat. One can also find several orchid species some of which are possibly
endemic to Mt. Pulag, and other rare flora such as the pitcher plant.5
Starting the 19th century, however, cases of extinction of wildlife had been
continuously reported. Among these cases include the extinction of rare species of
birds. According to experts of the environment department, the loss of habitat is
mainly causing the number of these rare animals to dwindle.6
Teber Dionisio, chief of the Wildlife Management Section of the
Department of Environment and Natural Resources (DENR-CAR), identified the
endangered bird species as whiskered pitta (Pitta koctri) and the Luzon waterredstart (Rhyacomis bicolor). Other species facing a similar fate include the
flame-breasted fruit-dove (Ptilinopus marchei), Luzon scops-owl (Otus
longicornis), chestnut-faced babbler (Stachyris white headi), long-tailed bush
warbler (Bradypterus caudatus), and the white-browed jungle-flycatcher
(Rhinomyias insignis). 7
These birds are mostly classified as threatened by the International Union
for Conservation of Nature and Natural Resource (IUCN). Even the wild pig,
Philippine deer, and the cloud rat found in Mt. Pulag are considered rare or prone
to extinction.8

5 Ibid
6 Available at http://www.philstar.com/nation/13183/rare-birds-mt-pulag-face-extinction%E2%80%93-experts
7 Ibid
8 Ibid

DETERIORATION OF WILDLIFE IN MT. PULAG

Mt. Pulag was proclaimed National Park by virtue of Pres. Proclamation No. 75
on February 20, 1987. It was established to protect and preserve the natural
features of the area such as its outstanding vegetation and wildlife. It belongs to
the Cordillera Biogeographic Zone located in Northern Luzon. Mt. Pulag is a
National Integrated Protected Areas Programme (NIPAP) site.9
Under Proclamation No. 75 s. 1987 the primary purpose for the
establishment of this national park is to protect and preserve the outstanding
natural features particularly the wildlife, vegetation and the tarns. The hunting,
wounding, taking or killing within said territory of any wild animals or birds
and/or the destruction of any vegetation or any act causing disturbances to the
habitat of wildlife herein protected are hereby prohibited.10
Another law, RA 9147 also known as the Wildlife Resources Conservation and
Protection Act, was enacted to conserve the countrys 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

9 Available at http://www.philstar.com/nation/13183/rare-birds-mt-pulag-face-extinction%E2%80%93-experts
10 Ibid.

DETERIORATION OF WILDLIFE IN MT. PULAG

Mount Pulags early settlers used parts of the mountain for agriculture,
taking advantage of its rich soil and its climate conducive for the production of
highland crops. At first, the plantings were more temporary and the soil was given
time to regenerate. However, the construction and improvement of roads led to
easier transport. Easier transport meant better trade and business. Better trade
meant more income, added income increased capital, and the rise of capital led to
the expansion of farming activities. Subsistence farming gradually became more
intensive, which meant more kaingin had to be done to increase the area of the
farms. The kaingin and farming were at the expense and detriment of the
mountains mossy forest and lush environment. The locals, however, refused to
stop because kaingin, in addition to hunting, was their main livelihood, and they
are doing it in what they claim as their ancestral domain.
There is a Protected Area Superintendent, and Warden, but they
periodically fail in their duty to protect the area for the reasons that they are ill
equipped, and some of the locals even resort to seeking help from rebels (the New
Peoples Army) against the authorities. Hunters are also hardly apprehended
because of the ease on how they can hide their kill, and the difficulty of patrolling
and catching up to them in the vast area of the mountain. Tourists are still allowed
but they are limited to a maximum of 7 hikers to limit the areas carrying capacity
so there will be a smaller footpath, giving more room for vegetation (V. Gorinto,
personal communication, November 10, 2016).
In the first quarter of 2016, camping on Luzons highest peak is no longer
allowed during weekends. This is one of the new rules imposed by the overseers
of the Mt. Pulag National Park to assure its protection without disrupting the
business provided by mountain trekkers.11
Even with the existence of these laws, Mt. Pulag was not spared of the
threats of wildlife hunting and other modes of wildlife destruction. People within
11 Available at http://newsinfo.inquirer.net/764619/restrictions-set-on-climb-to-mt-pulag

DETERIORATION OF WILDLIFE IN MT. PULAG

the community made wildlife hunting as a mode of living. The highly diverse
plant and wildlife are sources of food, medicine, fuelwood, and timber for houses
of the local community.12
This paper aims to find out whether the aforementioned legislations
national and local enough to protect and preserve the wildlife in Mt. Pulag.
II. BACKGROUND
A. History
B. Factors Affecting Deterioration of Mt. Pulag
III. DEALING WITH DETERIORATION OF MT. PULAG:
Legal Framework and Challenges
A. National Integrated Protected Areas System
Mt. Pulag was declared as a National Park by virtue of Proclamation No.
75 issued in February 20, 1987. National Park and Protected area was defined by
National Integrated Protected Areas System Act of 1992 (NIPAS Act) which
provides that:
SECTION 4.

Definition of Terms For purposes of

this Act, the following terms shall be defined as follows:

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;
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
12 Navarro, G. , Paca, E. and Rimas, C. The Economic Value of Mt. Pulag: An EcoTourism Perspective, (October 4-5 2010)

DETERIORATION OF WILDLIFE IN MT. PULAG

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;
The Cordillera Eco-Cultural Trail project which utilize Mt. Pulag as one of
the tourist destinations and promoting the wide flora and fauna of the area was
approved by the government and collected fees for sustaining, protection and
conservation of the protected areas. Using the trails as the central point for
development, it shows much promise in developing the mountain region in a
sustainable manner that would benefit both the mountain communities as well as
downstream users who benefit from the ecological services provided by the
mountain environment.13
However, every year countless kilometers of the trails are converted into
roads opening the areas surrounding them to further destruction and destroying
any historical, educational and ecosystem values that are associated with the trails
and associated surroundings.14
Also, recent reports and studies which were conducted which states that
because to the trekking in Mt. Pulag, species of rats and other flora and fauna, was
rarely found in the areas unlike in the recent years. Some of the trekkers or
researchers capture animals or pick plants in the protected areas without permit
from the DENR or the animals are scared of the presence of large mass of
trekkersin the areas.
From these reports, one can say that the government committed a wrong
decision in allowing the utilization of Mt. Pulag as an eco-tourism agenda because
it does not protect, conserve and manage the protected area, but it gives way to
deterioration.
13 Alipio, J. Developing a Sustainable Eco-Tourism Framework For the Cordillera
Region of the Philippines p.9
14 Id., p. 12

DETERIORATION OF WILDLIFE IN MT. PULAG

As pointed out by Prill-Brett, UP Baguio Professor emeritus, the

superimposition of nationalization policies contributing in the commercialization
of natural resources results to several implications. One of which is the increasing
degradation of the environment and loss of biodiversity. It creates open
competition in the availability of resources between the community and
corporations and as a result the resource is not allowed to regenerate since there
is no incentive to prevent its depletion. 15
This program contravenes the policy of the State for the use and
enjoyment of these protected areas must be consistent with the principles of
biological diversity and sustainable development.
This also violates the principle of intergenerational responsibility in which
the present generation must protect the environment for the future generation.
While it is true that economic development brought by the tourism of Mt.
Pulag, greatly affect the livelihood of the people surrounding it and for the budget
of the government, the government should not sacrifice the environment to sustain
the economic need of the country. The economic development and the protection
and utilization of the natural resources should be balance incorporated by the
principle of sustainable development.

B. Wildlife Resources Conservation and Protection Act

As mandated by law, the State shall conserve the wildlife resources and
the habitats for sustainability.16 Wildlife, as provided by RA 9147 or also known
as "Wildlife Resources Conservation and Protection Act", is the wild forms and
15 Brett, J. Changes in Indigenous Common Property Regimes and Development
Policies in the Northern Philippines p. 8. Available at
https://dlc.dlib.indiana.edu/dlc/bitstream/handle/10535/1934/June_Prill_brett.pdf

DETERIORATION OF WILDLIFE IN MT. PULAG

varieties of flora and fauna, in all developmental stages, including those which are
in captivity or are being bred or propagated. 17
Pursuant to wildlife information the following activities to wildlife, its byproducts and derivatives are allowed provided certain requirements in each
activities will be met: a) collection, b) possession, c) local transport,
exportation/importation,

e)

introduction/reintroduction

or

d)

restocking,

f)

commercial breeding or propagation, g) scientific researches, h) bioprospecting, i)

biosafety. For the protection of threatened species, determination must also be
done before collection, conservation breeding or propagation, establishment of
critical habitats and registration of threatened and exotic wildlife be conducted. 18
The significance of this law is primarily to conserve the countrys
wildlife resources and their habitats for sustainability.19 It also aims to regulate
the collection and trade of wildlife and support scientific studies on the
conservation of biological diversity.20
Wildlife Resources Conservation and Protection Act main objectives are21:
(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;
16 Wildlife Resources Conservation and Protection Act, RA 9147, Sec. 2
17 Id., Sec. 5
18 Id., Sec 7-17, 22-26
19 Id., Sec 2.
20 DENR-PAWB, Philippine Plant Conservation Committee (Annex A)
21 Wildlife Resources Conservation and Protection Act, RA 9147, Sec. 2

DETERIORATION OF WILDLIFE IN MT. PULAG

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(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.
While R.A. 9147 provides the protection of wildlife resources, there is still
demand in expanding wildlife policies to address the current situation areas rich in
wildlife resources.22 In conservation and protection of wildlife resources, Section
12 specifically provide that:
The introduction, reintroduction or restocking of endemic
and indigenous wildlife shall be allowed only for population
enhancement or recovery purposes subject to prior clearance from
the Secretary or the authorized representative pursuant to Section
6 of this Act.
Any proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The proponent shall
also conduct public consultations with concerned individuals or
entities.
In an article published by the DENR23, Mt. Pulag was considered as one of
the sites with threatened plant unit. It was mentioned that invasive species was
one of the reason in the loss of biodiversity in the country. The introduction of
alien species were observed and reported to have become invasive and have

22 DENR-PAWB, Philippine Plant Conservation Committee (Annex A) p. 37

23 Id. In addressing the protection and conservation of plants in areas rich in wildlife
resources, the government, through the DENR developed an action plan. This action plan
primarily focused on the conservation of wild fauna.

DETERIORATION OF WILDLIFE IN MT. PULAG

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caused economic losses and environmental damage rather than improvement of

the environment.24
The problem in the degradation of biodiversity of Mt. Pulag area is
primarily rooted on governmental action of promoting the area as eco-tourism
sites. The introduction of species that are alien or exotic to the wild fauna species
could potentially harm the native species. Habitat destruction may result due to
deprivation of native species in nutrients available in such area. Although this
attempt is for or economic purposes, still it has no ecological significance as to
the environment. As stated by World Conservation Union, 25 the impacts of alien
invasive species are immense, insidious, and usually irreversible. They may be as
damaging to native species and ecosystems on a global scale as the loss and
degradation of habitats The ecological cost is the irretrievable loss of native
species and ecosystems.
C. Mt. Pulag as National Park
On February 20, 1987, given the diverse flora & fauna found in it, Mt.
Pulag was proclaimed a National Park through Presidential Proclamation No. 75
under the supervision of the Protected Area Management Board.
Being declared as a National Park, Mt. Pulag was withdrawn from sale, settlement
or exploitation. The proclamation aims to protect and preserve the outstanding
natural features of Mt. Pulag particularly the wildlife, vegetation and the tarns. It
also prohibited the hunting, taking, or killing within said territory of any wild

24 Id. p.5
25 World Conservation Union, Impact of invasive alien species, World
Wide Fund. Available at
http://wwf.panda.org/about_our_earth/species/problems/invasive_speci
es/

DETERIORATION OF WILDLIFE IN MT. PULAG

12

animals or birds and/or the destruction of any vegetation or any act causing
disturbances to the habitat of wildlife protected.
It was later included in one of the five sites in the Philippines to become
part of a debt for nature swap administered for three years by the World Wide
Fund for Nature.
The park has also been incorporated into the National Integrated Protected
Areas Programme (NIPAP), a project borne out of a Financing Memorandum
between the Philippine Government and the European Union signed in May 1995.
Through the implementation of NIPAP, ranger stations were established in
strategic areas around the park. With their presence, it is hoped that wildlife
studies and conservation enforcement can be carried out more efficiently than it
has been possible in the past.
Despite all the tensions between the state and local communities, the
Department of Environment and Natural Resources from 1996-2001 received
both European Union (11 Million Euro) and World Bank Funds to establish
eighteen national parks and protected area that are deemed necessary for
protecting biodiversity which includes Mount Pulag.
Prior to the proclamation, the area was already a watershed reserve for
three large dams and most of the park was subsequently included

in

the

overlapping Presidential protected area designation of the Upper Agno River

watershed. The summit is covered with grass and dwarf bamboo plants, below
which there are lakes and a cloud forest that supports 528 species of orchids,
ferns, lichens and moss. Below the mossy forest are native forests of pine through
which pass streams that support multiple rivers on all sides of the mountain that
are critical to the water, agriculture, and energy supply of Northern Philippines.

DETERIORATION OF WILDLIFE IN MT. PULAG

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However, according to recent press reports and visual evidence forest

destruction has become very rapid driven by local demands for road fueled by the
progressive vegetable farming industry. A park superintendent of the area said that
unfortunately people see Mt. Pulag National Park as a threat to farming and the
Department of Environment and Natural Resources (DENR), sees farming as a
threat to Pulag, because national agencies have not agreed on guidelines for
ancestral domains in protected areas.26
The challenge now is that despite the implementation of NIPAS whose
main objective is to conserve the natural resources of the country through the
establishment of protected areas in the Philippines, efforts for the conservation of
Mt. Pulag is far from successful considering the intensive farming activities
documented inside the park.
Further probing has revealed that because of the ambiguous status of park
ownership due to the stalemate decision on its designation and boundary
demarcation; made it even more difficult for the locals to regulate the use of
resources.
Prior to the establishment of the park, it was observed that people around
Mt. Pulag were practicing forest and watershed conservation based on a corporate
system of collective property rights for their kinship groups. However, recent
events such as the declaration of Mount Pulag as a national park weakened this
customary system of land ownership. Accordingly, its classification as a public

26 Delmar, C. Panic button pushed in Benguet on water, in PHILIPPINE DAILY INQUIRER

(May 14, 2005). Retrieved from: http://www.inquirer.net Allasiw, Doreen Ingosan. Land
Ownership and Sustainable Resource Management: Lessons from the Protected Area Management
of Mount Pulag National Park, Philippines (March 29, 2012). OIDA International Journal of
Sustainable Development, Vol. 3, No. 7, pp. 55-60, 2012. Retrieved from:
https://ssrn.com/abstract=2031021
Ibid.

DETERIORATION OF WILDLIFE IN MT. PULAG

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domain fostered the idea of open access and at the same time undermined the
legitimacy of customary land owners to regulate resources use.27
During the demarcation of final park boundaries, customary land owners
contested the boundary demanded by the state claiming that even their private
lands, which they have been maintaining since time immemorial, is being
included in the proposed park boundary.28 Ironically, the bold emphasis on the
unique biodiversity of Mt. Pulag and its importance as watershed cradle of
Northern Philippines made the local people feel that their livelihood was of least
importance to the conservation program and to the government itself. This event
renewed their sentiments of being only a second priority of the state. Despite the
promise of multiple use zoning scheme and recognition of indigenous peoples
rights which would give the locals the right to co-manage the park, a perceived
conflict between the economic use of resources and national park designation
persisted in the minds of the people. According to the mayor, this sentiment has
always been echoed to him during local consultation meetings. This predicament
was also documented during an attendance to a consultation meeting conducted
by DENR on the proposed revival of community forests in the area.
Consequently, because the issue was never fully laid to rest, it was used by some
forces to derail the negotiation process leading to the rejection of the comanagement scheme and the delineation of final park boundaries. As a result,
final park boundaries were never delineated, thus Mt. Pulag did not complete the
thirteen steps needed for its re-proclamation as a national park under NIPAP. 29

27 Allasiw, D. Land Ownership and Sustainable Resource Management: Lessons from

the Protected Area Management of Mount Pulag National Park, Philippines (March 29,
2012). OIDA International Journal of Sustainable Development, Vol. 3, No. 7, pp. 55-60,
2012. Available at SSRN: https://ssrn.com/abstract=2031021
28 Ibid.
29 Ibid.

DETERIORATION OF WILDLIFE IN MT. PULAG

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