Wildlife and Biodiversity Conservation Report

Report on Wildlife and Biodiversity Conservation
In partial fulfillment of the requirements

for the subject Natural Resources and Environmental Laws
(NREL), A.Y. 2018-2019
(Fridays, 7:30 pm to 9:30 pm)
Submitted by:
Group 2
Members
Rene Molina
Mark Pimentel
Geraline Mae Ramones
Paulo Reyes
Kenneth John Tagumpay
Submitted to
Atty. Rodolfo Sabio

Professor
Outline
Proposed Outline
I. Introduction
a. Facts about the Philippine Wildlife and Biodiversity
b. Overview on the Issues faced by the Philippines on its Wildlife and Biodiversity
II. Thesis
III. Framework
IV. Definition of Terms
V. Philippine Wildlife and Biodiversity and Conservation
A. Status of the Philippine Wildlife and Biodiversity
i. Statistics
B. Current Issues/Incidents/News on Philippine Wildlife and Biodiversity
C. Reasons for the Continuous Degradation of the Philippine Wildlife and Biodiversity
D. Conservation of the Philippine Wildlife and Biodiversity
i. Laws and Legislation
ii. Ordinances
iii. Other Government Actions and Initiatives
E. On a closer look: Wildlife Protection and Conservation Act (RA 9147)
F. On a closer look: Fisheries Code RA 8850
G. Relevant Jurisprudence
i. Tano, et al. vs Socrates, et al.
ii. Hizon, et al. vs CA, et al.
H. Others Issues on Biodiversity and Wildlife
i. Biosafety
• Biosafety and Alien Invasive Species
ii. Bioprospecting
VI. Analysis and Conclusion
VII. Recommendation
I. Introduction
The Philippines, also known as the Pearl of the Orient Seas, is an archipelago and a
cluster of 7,107 islands in 1945 and as of 2017, it is a cluster of 7,641 islands 1. It lies in the
Southeast Asia and the country is comprised of three main geographical sections which are the
Luzon, Visayas and Mindanao. The Philippines terrestrial and marine habitats contain some of
the richest biodiversities of flora and fauna and its, waters are considered as part of the
biodiverse Coral Triangle. Further, many of its islands have an incredible assortment of wildlife. 2
It has been reported that the country has the highest level of marine biodiversity in the world 3. It
is considered as one of the 17 megadiverse countries as well as global biodiversity hotspot, as it
is home to 5% of the world’s flora and ranks 4th in bird endemism.4
Over the past decades, the Philippines is one of the countries with the highest rates with
regard to recent discoveries of new species of mammals. According to the EDGE of Existence
Programme of the Zoological Society of London, the Philippines has the highest bird endemic in
the world, since 6 of the world’s most evolutionary distinct and globally endangered (EDGE)
species are found in the Philippines, which are the Philippine Eagle, Spoon-billed Sandpiper,
Black-hooded Coucal, Sulu Hornbill, Cebu Brown-dove, Rufous-headed Hornbill and in 2013,
out of the 100 EDGE species, the various bleeding heart doves species which are only found in
the Philippines and the Philippine Cockatoo was included in the list, as well 5. Likewise, in the
Philippines 80% of the amphibians and 70% of the reptiles are endemic 6. With regard to
freshwater fish, the Philippines has 330 freshwater fish including 9 endemic genera and more
than 65 endemic species7. Whales, dolphins, jellyfish, sponges and starfishes can also be found in
the Philippines. Insects and other invertebrates are also diverse in the Philippines, it has been
recorded that 21,000 insect species are found only here, that include 1/3 of the 915 butterflies are
endemic in the Philippines; over 110 of 130 species of tiger beetle are here; the Magellan
birdwing which is one of the largest butterflies in the world is found here as well as the Atlas
moth, which is the largest moth; more than 50 species of freshwater crabs are endemic in the
country. Aside from these animals, 1/3 of more than 9,250 vascular plant species native to the
Philippines are endemic and 700 out of the 1000 species of orchids are found in the Philippines 8.
The Philippines has established national parks and protected areas for the preservation and
conservation the country’s wildlife and biodiversity.
1
Carpenter, K.E. and V.G. Springer. 2005. Environmental Biology of Fishes (2005) 72: 467-480
2
http://www.gmanetwork.com/news/news/nation/555068/namria-discovers-400-to-500-new-islands-in-phl-archipelago/story/
3
https://www.worldwildlife.org/blogs/good-nature-travel/posts/a-biodiversity-hotspot-in-the-philippines
4
http://iberianature.com/wildworld/guides/wildlife-of-philippines/
5
https://www.edgeofexistence.org/species/species-category/birds/
6
https://en.wikipedia.org/wiki/Wildlife_of_the_Philippines#cite_note-5
7
Nguyen, T.T.T., and S. S. De Silva (2006). Freshwater finfish biodiversity and conservation: an Asian perspective. Biodiversity
& Conservation 15(11): 3543-3568
8
The Philippines is very rich in natural resources. The Philippines is a world showcase
with regard to wildlife and biodiversity. According to Dr. Corazon Sinha and Dr. Lawrence
Heaney9, the Philippines is both high in species richness and endemic because of the following:
1. The country is located near the equator or in the tropical region. Countries in the tropics
are blessed with good climate that makes them ideal places for life to flourish. Its foggy,
mossy and verdant mountains, as well as its warm and shallow waters host a remarkably
large number of diverse and unique species found nowhere else on earth.
2. As an archipelago of many islands, these islands have remarkable landscapes and
seascapes of ancient geological origins. It has many ecosystems ranging from forests to
freshwater to coral reefs. They all serve as suitable homes for enormous varieties of
plants and animals.
3. The ancient geological history of the Philippines contributed significantly to its high
biodiversity and endemicity. The Philippines that we have today was a product of the
rise and fall of the sea level, and the appearance and disappearance of the land bridges
that connected the then "pieces" of the archipelago. More than 40 million years ago, the
major islands in the country were largely isolated from one another. Million years later,
some of the islands merged and came to share many species, but others remain isolated
from their neighboring islands.
However, according to the 2000 Red List of the International Union for the Conservation
of Nature and Natural Resource, 418 of the country’s 52,177 species were listed as threatened 10.
Several of these species were believed to have disappeared without ever being discovered 11.
Some of these species have been lost, destroyed, endangered and exploited. Thus, it is alarming
as many of these animal and plant species have decreased dramatically in number. The country
also has a highest rate of deforestation and habitat destruction, the irresponsible actions of
humans such as illegal logging, illegal fishing (through the use of dynamite and cyanide which
are poisons) and illegal mining and the growing population have adverse impacts to the country’s
wildlife and biodiversity.
In order to preserve and conserve the Philippine’s wildlife and biodiversity, proper
legislation and enforcement are important. Laws relative to the environment have already been
passed. Conversation programs are also initiated by the agencies of the government. The
country’s wildlife and biodiversity are in peril and there is an immediate need for preservation
and conservation. More aggressive efforts should be taken in order to protect the country’s
wildlife and biodiversity, otherwise the Philippines may possibly be on the brink of extinction
crisis.
9
http://forestpress.hu/en/index.php/news/885-why-is-the-philippines-rich-in-biodiversity-abs-cbn-newsforestpress
10
http://www.txtmania.com/trivia/only.php
11
https://en.wikipedia.org/wiki/Wildlife_of_the_Philippines#cite_note-txtmania.com-2
II. Thesis
The Philippines is one of the world’s abundant and richest depositories of wildlife and
biodiversity, but overtime, its wildlife resources and biodiversity are diminishing and under the
threat of destruction due to man-made activities and if this will continue, there will be an absence
of the wildlife and biodiversity in the country, which will cause great imbalance and will be
harder to restore. Despite the laws and programs implemented, crimes against the wildlife are
still rampant, there is a need for more aggressive efforts in implementing these laws, and
programs/initiatives in order to conserve the country’s biodiversity and wildlife.
III. Framework
Philippine Wildlife and Biodiversity
Importance
Quality of Life Quality of Environment
Status of Philippine Wildlife and

Biodiversity
Factors affecting wildlife and Issues/Problems faced by the wildlife

biodiversity and biodiversity
Conservation of wildlife and

biodiversity
Government Citizens Civil Society and

Industry
Implementation Awareness
Monitoring
Evaluation Assessment
IV. Definition of Terms
Recovery Protection
• 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 (RA 9174).
• Biodiversity - also known as biological diversity, refers to the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this includes diversity
within species, between species and of ecosystems (RA 11038).
V. Philippine Wildlife and Biodiversity and Conservation
A. Status of Philippine Wildlife and Biodiversity
According to the Bureau of Biodiversity Management Bureau, the Philippines

hosts more than 52,177 described species of which more than half is found nowhere else
in the world and on a per unit area basis, the Philippines probably harbors more diversity
of life than any other country on the planet. The country is also considered a biodiversity
hotspot. This is because the Philippines continues to experience an alarming rate of
destruction of these important resources brought about by overexploitation, deforestation,
land degradation, climate change, and pollution (including biological pollution), among
others.
i. Statistics
Below are the recent data of the country’s wildlife and biodiversity12131415, to wit:
12
http://www.bmb.gov.ph/mainmenu-resources/species-list?download=367:list-of-new-species-as-of-feb-2016
13
http://bmb.gov.ph/388-protection-and-conservation-of-wildlife/facts-and-figures/786-status-of-the-philippine-
biodiversity
14
http://www.bmb.gov.ph/images/bmbPDF/wildlife/Status%20of%20Philippine%20Biodiversity%202014%20-.pdf
15
https://www.google.com/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=2ahUKEwjaqN3nkJHdAhWJso8KHZ5yDjAQFjADegQIB
xAC&url=http%3A%2F%2Fwww.bmb.gov.ph%2Fdownloads%2FSpecies%2FThreatened_list_of_fauna
%25202017.pdf&usg=AOvVaw3am4VyDvlD1MXkgZ0iVJW3
New Species Discovery (1987-2015)
Wild Fauna/Animals
NO. OF THREATENED SPECIES

NO. OF (DAO 2004-15) AS OF 2014
TAXONOMIC NO. OF
ENDEMIC TOTAL NO. OF
GROUP SPECIES
SPECIES CR EN VU OTS THREATENED
SPECIES
Mammals 231 130 8 12 17 5 43
Birds 616 195 14 59 53 - 126
Reptiles 303 198 5 16 4 4 29
Amphibians 116 95 - 4 10 - 14
TOTAL 1264 618 27 91 84 9 211
NO. OF (DAO 2004-15) and CITES 2015
TAXONOMIC NO. OF
GROUP SPECIES
SPECIES CRENVUOTS THREATENED
SPECIES
Terrestrial
207 133 8 12 17 5 42
Mammals
Birds 691 239
Reptiles 419 241 5 16 4 4 29
Amphibians 120 98 - 4 10 - 14
TOTAL 1,437 711
Wild Flora
NO. OF (DAO 2007-01) AS OF 2014
TAXONOMIC NO. OF
GROUP SPECIES
SPECIES CR EN VU OTS THREATENED
SPECIES
Angiosperms 8,120 C.5800 89 141 123 56 409
Gymnosperms 33 6 - 9 2 - 11
Pteridophytes 1,100 285 10 35 51 8 104
Bryophytes 1,271 195 - 2 - - 2
Algae 1,355 Undetermined - - - - -
Fungi, slime molds,
3,555 Undetermined - - - - -
water molds
Lichen 789 Undetermined - - - - -
TOTAL 16,223 99 187 176 64 526
TOTAL NO. OF THREATENED

POLICIES CR EN VU OTS
SPECIES
DAO 2007-01 99 187 176 64 526
DAO 2017-11 179 254 406 145 984
* Conservation Status:
CR - Critically Endangered EN - Endangered
Vu - Vulnerable OTS - Other Threatened Species
Summary of Threatened Wildlife Species
TAXONOMIC 2004 2005 2006 2007 2008 2009 2010 2011 2012- 2014
GROUP 2013
A. Fauna*
Land Mammals 43 43 43 43 43 42 42 42 42 43
Birds 131 131 131 132 132 127 127 127 127 126
Reptiles 27 27 27 27 27 24 24 24 24 30
Amphibians 14 14 14 14 14 14 14 14 14 14
B. Flora** 526 526 526 526 526 526 526
*DENR Administrative Order No. 2004-15 - National List of Threatened Fauna and 2011 CITES listed
species
**DENR Administrative Order No. 2007-01 - National List of Threatened Philippine Plants
List of Threatened Species as of 2017

B. Current Issues/Incidents and News on Philippine Wildlife and Biodiversity
According to the Department of Environment and Natural Resources16, the

following are the latest incidents regarding to wildlife trafficking in the country:
• In the first half of 2014 alone, 523 animals and 300 wildlife by-products were
confiscated. One of these animals was the Palawan forest turtle, a critically
endangered species with only about 3,000 remaining in the wild.
• In the first quarter of 2015, over 186 turtles were rescued from poachers intending
to put them on the illegal international pet trade
• The country has also been an entry point for smuggled exotic animals from
Australia, Indonesia and Papua New Guinea, among others.
• In February 2014, local officials seized almost 100 animals, including the
Australian wallaby, yellow-crested cockatoos from Papua New Guinea and long-
beaked echidnas from Indonesia. The smuggled animals were hidden in a van,
with several found dead.
• Last July 2017, elements of the Philippine National Police (PNP) encountered a
boat loaded with 70 dead marine turtles.
16
http://www.theguidon.com/1112/main/2015/06/threat-and-trafficking-in-ph-wildlife/
C. Reasons for the Continuous Degradation of the Philippine Wildlife and Biodiversity
According to the Department of Environment and Natural Resources-Forest

Management Bureau17, the following cause irreparable damage to the forest cover as well
as to the marine habitats:
• Poorly controlled logging and mining activities affecting the diverse
assemblages of flora and fauna that inhabit those primary forest territories
- In 2011, 24% remains of the country’s forest cover, with lows falling as
badly as 20% in the late 1990s.
• Irresponsible and unsustainable fishing and aquaculture due to dynamite and
poison-dependent fishing practices and black sand mining
- Philippine coral reef system is down to 5% in terms of being in excellent
condition, as over 32% are already severely damaged.
- The World Resources Institute more recently (July 2013) reports that 85% of
the reefs in the Coral Triangle (the region covering countries such as the
Philippines, Malaysia, Indonesia, etc.) are threatened, shadowing the global
average which stands at 60%.
According to the Biodiversity Management Bureau18, the following are the

reasons for the continuing degradation of Philippine wildlife and biodiversity:
• Indiscriminate logging changes the forest landscape.
- Although there has been a decline in logging activities – due to the combined
effects of a ban on logging old growth forests – illegal logging activities
persist. Based on the 2010 satellite imageries, the total forest cover of the
Philippines is estimated at 6.840 million ha. Of the total forest cover, open
forest was accounted with an area of 4.595 million ha (DENR-FMB, 2012).
• Mining claims and rights overlap with defined areas for PAs, ancestral lands
including those planned for conservation areas that threaten ecological
sustainability.
- The Philippines is a significant producer of gold, copper, nickel and chromite
and is also abundant in non-metallic and industrial minerals such as marble,
limestone, clay, feldspar and aggregates.
- There has been a heavy influx of mining activity and investment; as of 2013,
about 339 Mineral Production Sharing Agreements within 602,012 ha had
been issued (DENR-MGB, 2013).
• The burgeoning human population against a limited land base causes forestland
conversion.
17
https://fpe.ph/biodiversity.html/view/why-are-we-losing-species
18
http://bmb.gov.ph/elibrary/publications/action-plans?download=276:pbsap2015-2028
- With the country’s annual population growth rate of 1.9 percent from 2000 to
2012 (Philippine Statistics Authority [PSA], 2010), poverty, landlessness and
absence of secure tenure rights over secondary forest areas or logged-over
areas have become attractive for conversion into agricultural land and
settlements.
 Unsustainable production and consumption of medicinal and ornamental plants
and wild animals for trade and domestic use have contributed to habitat
degradation and dramatic reductions in species populations.
- Among the most highly prized ornamental plants are the jade vine
(Strongylodon macrobotrys), giant staghorn fern (Platycerium grande),
waling waling (Euanthe sanderiana) and many tree fern species.
- A significant number of animals, such as the Palawan peacock pheasant
(Polyplectron emphanum), Philippine cockatoo (Cacatua haematuropygia),
talking mynah (Gracula religiosa), blue naped parrot (Tanygnathus
lucionensis), and Asian small-clawed otter (Amblonyx cinereus), are also
overharvested.
- The exploitation of some by-products of wildlife species also endangers their
survival, such as the nests produced by the edible-nest swiftlets (Collocalia
fuciphaga).
• Narrowing of food base/Simplification of diets or less complex and high energy
diets (Frison, Smith et al, 2010) as gleaned from the results of the Philippine
National Nutrition survey.
- Food consumption data from 1978-2003 shows the dietary pattern of
Filipinos remains to be comprised of rice, fish and vegetables.
- Alongside with this, there is a downward trend in the consumption of fruits
and vegetables.
- On the other hand, there is increased consumption of meat, fats and oil, milk
and sugars. It is called the nutrition transition (Popkin, 2001).
- Recent diet diversity studies among Filipino children also reflect simplified
diets as diet diversity score results are found below cut-off points (Kennedy et
al., 2007; Talavera, Felix and Narciso, 2011). It should be noted low scores
indicate unsatisfactory nutrient adequacy (Hoddinott and Yohannes, 2002;
Ruel et al., 2004; Steyn et al., 2006).
- This lack of diet diversity is multi-factorial (i.e. lack of purchasing power,
unavailability in the markets, unfamiliarity with certain food items, lack of
know-how to prepare/consume them). Nutrition transition, together with
intensive agriculture and environmental pressures are also attributed to
reduction in dietary diversity and the accompanying loss in agrobiodiversity
and associated traditional knowledge (Gold and McBurney, 2010).
• Introductions of invasive alien species have also taken a toll, particularly in
wetlands.
- The following groups have had a particularly negative impact on wetland
biodiversity: fish such as the janitor fish (Pterygoplichthys spp.), the
knifefish, (Chitala sp.), giant catfish and black bass; toads and frogs,
including the marine toad (Bufo marinus), the American bullfrog (Rana
catesbeiana) and leopard frog (Rana tigrina); and aquatic plants like the
water hyacinth and water fern.
- Another IAS that poses destruction to the natural habitat is Buyo-buyo (Piper
aduncum), a highly aggressive shrub that invades agricultural areas and
natural forests.
• Degradation from climate change.
- Changes in the timing of biological events, changes in species distribution and
behavior in plants and animals, and increased frequency and intensity of pests and
diseases.
- Potential impacts include increased vulnerability of species to extinction and
potential losses of net productivity of ecosystems.
• Weak capacities on natural resources management.
- The weakness of institutional and legal capacities can be traced to a basic lack of
information on the country’s biodiversity and strategic management options.
- There is still a need to improve awareness and demonstrate the long-term benefits
of conservation actions and sustainable management of natural resources.
- A preference for short-term financial gains over long-term economic and
environmental benefits is still driving many local communities, in particular, to
engage in illegal and unsustainable harvesting of resources.
• Under-valuation of ecosystem services from natural resources.
- Economists measure the value of ecosystem services to people by estimating the
amount people are willing to pay to preserve or enhance the services.
- Some services of ecosystems, like fish or lumber, are bought and sold in markets,
many ecosystem services, like a day of wildlife viewing or a view of the ocean,
are not traded in markets.
- People do not pay directly for many ecosystem services. Additionally, because
people are not familiar with purchasing such goods, their willingness to pay may
not be clearly defined.
• Weak integration of biodiversity concerns in landscape planning.
- The integration of biodiversity concerns in landscape planning and development
also remains inadequate resulting in land use plans which are not environmentally
sensitive, uncontrolled land development and conversion of fragile uplands and
important biodiversity-rich areas into agricultural zones and other uses.
- LGUs are gradually recognizing this weakness, however, there is a need to
promote more widely, the available conservation tools to broaden the impact of
such programs.
- The main governmental response to these threats and their underlying causes has
been the establishment of a system of PAs in habitats known to harbor unique and
important biological resources. Other types of conservation tools include critical
habitats, indigenous community-conserved areas (ICCA), local conservation areas
(LCA) and private reserves.
In addition, NewCAPP19, enumerated the following as threats to biodiversity and

the underlying factors:
• Infrastructure development, such as major industries, road networks, irrigation,

water resources, power and energy projects affect biodiversity directly and
indirectly.
- Directly, their operations and possible expansion may disturb, pollute, or
encroach upon biodiversity rich ecosystems.
- Indirectly, they may attract satellite developments or settlements that can
cause fragmentation of species-rich habitats, provide access thereto, and/or
threaten the quality of surrounding water bodies.
And that the following are the underlying factors:
• Weak enforcement is related to the historical state-led regulatory regimes over

public lands.
- Together with very weak punishment, these factors have enabled
unsustainable commercial logging practices, thereby resulting in severe
degradation of important habitats.
- The absence of an active protected area management program also exposed
important biodiversity-rich areas to timber harvesting and other resource use
rights.
- Logging operations are limited to a very few areas, and policies prohibiting
logging in old growth forests and protected areas are in effect.
- There is a need to be vigilant to ensure that these policies are enforced.
• The coverage of tenure rights is still limited, local resource managers still have
weak capacities to manage resources, and enforce local rules and regulations.
19
https://www.researchgate.net/file.PostFileLoader.html?
id=577fc624f7b67e64c97d1e37&assetKey=AS:381598529802245@1467991587878
- A preference for short term financial gains over long-term economic and
environmental benefits is still driving many local communities, in particular,
to engage in illegal and unsustainable harvesting of resources.
- There is still a need to improve awareness and demonstrate the long-term
benefits of conservation actions and sustainable management of natural
resources. In protected areas, tenure rights called protected area community-
based resource management agreements (PACBARMA) have been negotiated
with organized occupants in multiple use zones within PAs.
- However, there needs to be broader coverage and support to enable forest
edge communities to engage in sustainable livelihoods.
• The integration of biodiversity concerns in landscape planning and development
remains weak, thereby resulting in land use plans which are not environmentally
sensitive, uncontrolled land development and conversion of fragile uplands and
important biodiversity-rich areas into agricultural zones.
• Local government units are gradually recognizing this weakness, and a number of
efforts, including a GTZ-funded project in Leyte, are underway to address this.
However, there is a need to promote more widely, the available tools and methods
amongst other LGUs to broaden the impact of such programs.
• The incentives behind the active promotion of mining and infrastructure
development stem from the perceived inferior economic values of non-monetary
benefits of biodiversity conservation. Decision making has largely considered the
direct and immediate financial and economic benefits of extractive activities and
unsustainable land use planning, while ignoring the longer-term benefits of
conservation programs.
D. Conservation of the Philippine Wildlife and Biodiversity

i. Laws and Legislation
Law Pertinent Provision/Description

NIPAS Act of 1992 (RA 7586) • It provides the legal framework for the
establishment and management of protected areas
in the Philippines.
• It identified 202 initial components comprising of
proclaimed national parks, game refuge and wildlife
sanctuaries, nature reserves, wilderness areas,
mangrove reserves, watershed reservations, fish
sanctuaries, protected landscapes and Seascapes.
Wildlife Resources • This law aims to conserve and protect wildlife
Conservation and Protection species and their habitats for sustainability. It
Act of 2001 (RA 9147) provides the conditionalities for the collection,
possession, transport, export and/or import,
registration, and introduction, reintroduction or
restocking of wildlife species. It also lays down the
basic requirements for the use of wildlife resources
for bioprospecting, scientific researches and
commercial undertakings as well as for botanical
and zoological parks purposes. It establishes the
Wildlife Management Fund; requires the
establishment of National Wildlife Research
Centers and Wildlife Rescue Centers; and,
mandates the creation of Wildlife Traffic
Monitoring Units and the deputation/designation of
Wildlife Enforcement Officers who shall have the
full authority to seize illegally traded wildlife and to
arrest violators of the Act in conformity with
existing laws, rules and regulations on arrest and
detention.
• The Act is also the enabling legislation for the
implementation of the rules and regulations of the
CITES in the country.
National Caves and Cave • Caves and cave resources are part of the country’s
Resources Management natural wealth.
and Protection Act of 2001 (RA • It mandates the DENR to formulate, develop and
9072) implement a national program for the management,
protection and conservation of caves and cave
resources.
• The National and Regional Cave Committees
oversee the implementation of the Act and its
support policies.
The Philippine Fisheries Code • The state shall ensure the attainment of the
of 1998 (RA 8850) following objectives of the fishery sector:
1. Conservation, protection and sustained management

of the country's fishery and aquatic resources;
2. Poverty alleviation and the provision of

supplementary livelihood among municipal
fisherfolk;
3. Improvement of productivity of aquaculture within

ecological limits;
4. Optimal utilization of offshore and deep-sea

resources; and
5. Upgrading of post-harvest technology

An Act to Prevent, Deter and • The state shall ensure the attainment of the
Eliminate Illegal, following objectives of the fishery sector:
Unreported and Unregulated
Fishing , Amending RA 8550 or 1. Conservation, protection and sustained management
the Philippine Fisheries Code of of the country's fishery and aquatic resources;
1998 (RA 10654 of 2015)
2. Poverty alleviation and the provision of
supplementary livelihood among municipal
fisherfolk;
3. Improvement of productivity of aquaculture within

ecological limits;
4. Optimal utilization of offshore and deep-sea

resources; and
5. Upgrading of post-harvest technology

Philippine Mining Act of 1995 • All mineral resources in public and private lands
(RA 7942) within the territory and EEZ of the Republic of the
Philippines are owned by the State.
• It shall be the responsibility of the State to promote
their rational exploration, development, utilization
and conservation through the combined efforts of
government and the private sector in order to
enhance national growth in a way that effectively
safeguards the environment and protect the rights of
affected communities
Institutionalizing and • This produced the “No-go zone” map which states
Implementing Reforms in that applications for mineral contracts, concessions
the Philippine Mining Sector and agreements shall not be allowed in the
(EO 79, s. 2012) following: a) areas expressly enumerated under
Section 19 of RA 7942; b) protected areas
categorized and established under the National
Integrated Protected Areas System (NIPAS) under
RA 7586; c) prime agricultural lands, in addition to
lands covered by RA 6657, or the Comprehensive
Agrarian Reform Law of 1988, as amended,
including plantations and areas devoted to valuable
crops and strategic agriculture and fisheries
development zones and fish refuge and sanctuaries
declared as such by the Secretary of the DA; d)
tourism development areas, as identified in the
National Tourism Development Plan; and e) other
critical areas, island ecosystems, and impact areas
of mining as determined by current and existing
mapping technologies that the DENR may hereafter
identify pursuant to existing laws, rules and
regulations, such as, but not limited to, the NIPAS
Act.
Philippine Clean Water Act of • The law aims to protect the country’s water bodies
2004 (RA 9275) from land-based pollution sources (industries and
commercial establishments, agriculture and
community/household activities).
• It provides for a comprehensive and integrated
strategy to prevent and minimize pollution through
a multi-stakeholder.
• Anyone discharging wastewater into a water body
will have to pay a wastewater charge.
• This economic instrument will encourage
investments in cleaner production and pollution
control technologies to reduce the amount of
pollutants generated and discharged.
Revised Forestry Code of 1975 • This Act lays down the basic principles of forest
(PD 705) management and conservation, makes provision for
proper classification, management and utilization of
public domain lands to maximize their productivity
and meet the demands of the country’s increasing
population.
• The Revised Forestry Code of the Philippines also
covers management on industrial tree plantations,
tree farms and agro-forestry farms, forest protection
of swamp lands and mangrove forests.
• The Act also covers special uses of forest resources,
such as grazing, wildlife, and recreation, and
prescribes criminal offenses, including unlawful
occupation or destruction of forestlands and grazing
lands.
National Greening Program • This implements a National Greening Program as a
(EO 26 s. 2011) government priority which aims to plant 1.5 billion
trees covering 1.5 million hectares from 2011-2016
in forestlands, mangroves and protected areas,
ancestral domains, civil and military reservations,
urban areas, inactive and abandoned mine sites and
other suitable lands.
• This Order also enjoins participation of other
government agencies, the private sector and civil
society.
Amended Animal Welfare Act • The purpose is to protect and promote the welfare
of 2013 (RA 8485/10631) of all terrestrial, aquatic and marine animals in the
Philippines by supervising and regulating the
establishment and operations of all facilities utilized
for breeding, maintaining, keeping, treating or
training of all animals either as objects of trade or
as household pets including birds.
Climate Change Act of 2009 • The Act aims to systematically integrate the concept
(RA 9729) as amended by of climate change in the policy formulation and
People’s Survival Fund (RA development plans of all government agencies and
10174 of 2012) units, to the end that the government will be
prepared for the impact of climate change.
• It provides long-term finance streams to enable the
government to effectively address the problem of
climate change.
Environmental Awareness and • The Act promotes environmental awareness through
Education Act of environmental education and covers the integration
2008 (RA 9512) of such in the school curricula at all levels, be it
public or private, including day care, preschool,
non-formal, technical, vocational, indigenous
learning, and out-of-school youth courses or
programs. It also declares November as the
Environmental Awareness Month in the Philippines.
ii. Some Ordinances of Local Government Units20 21 22 23
Ordinance LGU
Biodiversity conservation through critical • Mangatarem LGU in Pangasinan
habitat establishment following the Wildlife • Lambunao LGU in Iloilo
Act
Collaboration among PA Management Boards • Provincial Government of Agusan del
and LGUs have found areas of Sur (Agusan Marsh Wildlife
complementation (Increasingly investment in Sanctuary)
executing PA Management Plan • San Isidro LGU in Davao Oriental
implementation) (Mt. Hamiguitan Range Wildlife
Sanctuary)
management arrangements. • San Teodoro in Oriental Mindoro
pilot-tested positive impacts of clear property • Bayombong LGU in Nueva Vizcaya
rights system through co-management and
individual property rights (IPR) system
Benefits of Marine Protected Areas (MPAs) in • Hinunangan (Southern Leyte) and
terms of increased fisheries stock and Sagay Marine Reserve
management of coastal habitats
cost-effectiveness through creation inter-LGU • Macajalar Bay and Central Negros
20
http://www.haribon.org.ph/index.php/news/item/118-government-to-highlight-best-practices-in-lgu-led-conservation-initiatives
21
http://pangasinan.gov.ph/2012/07/an-ordinance-enacting-the-pangasinan-environment-code-of-2012/
22
http://www.spgensantos.ph/ordinance-10-series-of-2009/
23
http://malay.gov.ph/images/PDF/Municipal_Ordinances/Other_Regulatory_Ordinances/Municipal_Ordinance_No._125_s._200
0.pdf
Coastal Resource Management (CRM)
alliances
evident impacts of ridge to reef approach • Sipalay City
terrestrial LCAs and MPAs and improved • Mt. Tapulao, Zambales
community benefits through ecotourism
promotion
Increased financing in biodiversity • Alaminos City Pangasinan for the
conservation Hundred Islands National Park
• Puerto Princesa City for Puerto
Princesa Underground River
Private sector participation in biodiversity • Bulusan Volcano Natural Park in
conservation for improved forest management Sorsogon and Wao in Lanao del Sur
• Mt. Kalatungan Range Natural Park
in Bukidnon Province
Biodiversity-friendly enterprise • Sta. Teresita, Cagayan
Pangasinan Environment Code of 2012 • Pangasinan
City Fisheries Code of 2009 • Sangguniang Panlungsod of General

Santos City
An Ordinance Prohibiting Wildlife Hunting in • Office of the Sangguniang Bayan,
Boracay Island and the Entire Municipality of Municipality of Aklan
Malay, Aklan
An Ordinance to Ensure the Conservation and • Benguet Provincial Board
Protection of Indigenous Wildlife and their
Habitat
iii. Other Governmental Actions, Initiatives and Programs 24 25

• The DENR-BMB maintains a Wildlife Rescue Center (WRC) within the Ninoy
Aquino Park and Wildlife Center (NAPWC) along the Elliptical Road in Quezon
City.
- The park houses indigenous plants and animals—such as monkeys, water
monitors or bayawak, Philippine dear, wild pigs and several varieties of birds
—and a couple of rescued tigers.
- It is a component of the NAPWC, serves as a temporary refuge and
rehabilitation facility for confiscated, tuned-over, donated and/or abandoned
wildlife.
• The WRC is a temporary shelter where confiscated, retrieved, donated, sick,
abandoned and injured wild animals—mammals, reptiles, birds, including raptors
—are given care by experts.
24
https://businessmirror.com.ph/public-urged-help-rescue-wildlife/
25
- There are 1,142 animals currently under its care. Among them are injured
animals rescued from illegal wildlife traders and pet shops.
- There are also instances when pet lovers voluntarily surrender their exotic
pets—including monkeys and pythons—to the WRC for safekeeping.
• Wildlife Resources Conservation Program
- The Bureau continuously implemented and monitored programs that focus on
the conservation of threatened wildlife species such as the Philippine Eagle
(Pithecophaga jefferyi), marine turtles, Philippine Cockatoo (Cacatua
haematuropygia) and tamaraw (Bubalus mindorensis).
• Establishment and Management of Critical Habitats
- For Critical Habitat (CH) management, a total of nine (9) CH proposals from
Regions 1, CARAGA, CAR and NCR were reviewed and evaluated.
• Invasive Alien Species Management
- Assessment of Invasive Alien Species (IAS) were conducted.
• Wildlife Trade Regulation
- Updating of database on wildlife crimes, list of wildlife permit holders per
region, production and trade report of wildlife breeders are
continuously being maintained and updated.
• Wildlife Law Enforcement
- Continuing its fight against ivory trade, several activities were conducted by
the Bureau through the Philippine Operations Group on Ivory (POGI).
• Wetlands Conservation Program
• Cave Management Program
• Coastal and Marine Management Program
• Coastal and Marine Ecosystems Management Program
• Integrated Coastal Management
• Manila Bay Project
• Coral Triangle Initiative
• Green Fins
• Coral Reef Visualization and Assessment (CoRVA)
• Communication, Education, Participation and Awareness Program
E. On a closer look: Wildlife Protection and Conservation Act (RA 9147)26
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
26
https://www.lawphil.net/statutes/repacts/ra2001/ra_9147_2001.html
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.
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 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 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.
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 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.
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.
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
(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
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
(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
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
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
(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
(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.
F. On a closer look: Fisheries Code (RA 8850)27
Section 2. Declaration of Policy. - It is hereby declared the policy of the State:

(a) to achieve food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources in order to
provide the food needs of the population. A flexible policy towards the attainment of
food security shall be adopted in response to changes in demographic trends for fish,
emerging trends in the trade of fish and other aquatic products in domestic and
international markets, and the law of supply and demand;
(b) to limit access to the fishery and aquatic resources of the Philippines for the exclusive
use and enjoyment of Filipino citizens;
(c) to ensure the rational and sustainable development, management and conservation of
the fishery and aquatic resources in Philippine waters including the Exclusive Economic
Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of
maintaining a sound ecological balance, protecting and enhancing the quality of the
environment;
(d) to protect the rights of fisherfolk, especially of the local communities with priority to
municipal fisherfolk, in the preferential use of the municipal waters. Such preferential
use, shall be based on, but not limited to, Maximum Sustainable Yield (MSY) or Total
Allowable Catch (TAC) on the basis of resources and ecological conditions, and shall be
consistent with our commitments under international treaties and agreements;
27
(e) to provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and research,
adequate financial, production, construction of post-harvest facilities, marketing
assistance, and other services. The protection of municipal fisherfolk against foreign
intrusion shall extend to offshore fishing grounds. Fishworkers shall receive a just share
for their labor in the utilization of marine and fishery resources;
(f) to manage fishery and aquatic resources, in a manner consistent with the concept of an
integrated coastal area management in specific natural fishery management areas,
appropriately supported by research, technical services and guidance provided by the
State; and
(g) to grant the private sector the privilege to utilize fishery resources under the basic
concept that the grantee, licensee or permittee thereof shall not only be a privileged
beneficiary of the State but also active participant and partner of the Government in the
sustainable development, management, conservation and protection of the fishery and
aquatic resources of the country.
The state shall ensure the attainment of the following objectives of the fishery sector:
1. Conservation, protection and sustained management of the country's fishery and
aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among municipal
fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.
Section 3. Application of its Provisions. - The provisions of this Code shall be enforced
in:
(a) all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive Economic
Zone (EEZ) and continental shelf;
(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas,
including but not limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery,
whether private or public lands.
Section 4. Definition of Terms. - As used in this Code, the following terms and phrases
shall mean as follows:
17. Endangered Rare and/or Threatened Species - aquatic plants, animals, including some
varieties of corals and sea shells in danger of extinction as provided for in existing fishery
laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the
Department of Environment and Natural Resources (DENR. and in the Convention on the
International Trade of Endangered Species of Flora and Fauna (CITES).
Section 5. Use of Philippine Waters. - The use and exploitation of the fishery and
aquatic resources in Philippine waters shall be reserved exclusively to Filipinos:
Provided, however, That research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and educational purposes that
would also benefit Filipino citizens.
Section 7. Access to Fishery Resources. - The Department shall issue such number of
licenses and permits for the conduct of fishery activities subject to the limits of the MSY
of the resource as determined by scientific studies or best available evidence. Preference
shall be given to resource users in the local communities adjacent or nearest to the
municipal waters.
Section 8. Catch Ceiling Limitations. - The Secretary may prescribe limitations or quota
on the total quantity of fish captured, for a specified period of time and specified area
based on the best available evidence. Such a catch ceiling may be imposed per species of
fish whenever necessary and practicable: Provided, however, That in municipal waters
and fishery management areas, and waters under the jurisdiction of special agencies,
catch ceilings may be established upon the concurrence and approval or recommendation
of such special agency and the concerned LGU in consultation with the FARMC for
conservation or ecological purposes.
Section 11. Protection of Rare, Threatened and Endangered Species. - The Department

shall declare closed seasons and take conservation and rehabilitation measures for rare,
threatened and endangered species, as it may determine, and shall ban the fishing and/or
taking of rare, threatened and/or endangered species, including their eggs/offspring as
identified by existing laws in concurrence with concerned government agencies.
Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries

Activities. - No person shall exploit, occupy, produce, breed, culture, capture or gather
fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit.
Discovery of any person in an area where he has no permit or registration papers for a
fishing vessel shall constitute a prima facie presumption that the person and/or vessel is
engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for
leisure which is not for commercial, occupation or livelihood purposes may be allowed.
It shall be unlawful for any commercial fishing vessel to fish in bays and in such other
fishery management areas which may hereinafter be declared as over-exploited.
Any commercial fishing boat captain or the three (3) highest officers of the boat who
commit any of the above prohibited acts upon conviction shall be punished by a fine
equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher,
and imprisonment of six (6) months, confiscation of catch and fishing gears, and
automatic revocation of license.
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to
engage in any commercial fishing activity in municipal waters. Any municipal fisherfolk
who commits such violation shall be punished by confiscation of catch and a fine of Five
hundred pesos (500.00).
Section 87. Poaching in Philippine Waters. - It shall be unlawful for any foreign person,
corporation or entity to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie
evidence that the vessel is engaged in fishing in Philippine waters.
Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars
(US$100,000.00), in addition to the confiscation of its catch, fishing equipment and
fishing vessel: Provided, That the Department is empowered to impose an administrative
fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two
hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine
Currency.
Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or

Electricity. -
(1) It shall be unlawful for any person to catch, take or gather or cause to be caught, taken
or gathered, fish or any fishery species in Philippine waters with the use of electricity,
explosives, noxious or poisonous substance such as sodium cyanide in the Philippine
fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery
species: Provided, That the Department, subject to such safeguards and conditions
deemed necessary and endorsement from the concerned LGUs, may allow, for research,
educational or scientific purposes only, the use of electricity, poisonous or noxious
substances to catch, take or gather fish or fishery species: Provided, further, That the use
of poisonous or noxious substances to eradicate predators in fishponds in accordance with
accepted scientific practices and without causing adverse environmental impact in
neighboring waters and grounds shall not be construed as illegal fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell
or in any manner dispose of, any fish or fishery species which have been illegally caught,
taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, or equipment or device for
electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute prima facie evidence, that the same was
used for fishing in violation of this Code. The discovery in any fishing vessel of fish
caught or killed with the use of explosive, noxious or poisonous substances or by
electricity shall constitute prima facie evidence that the fisherfolk, operator, boat official
or fishworker is fishing with the use thereof.
(2) Mere possession of explosive, noxious or poisonous substances or electrofishing
devices for illegal fishing shall be punishable by imprisonment ranging from six (6)
months to two (2) years.
(3) Actual use of explosives, noxious or poisonous substances or electrofishing devices
for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten
(10) years without prejudice to the filing of separate criminal cases when the use of the
same result to physical injury or loss of human life.
(4) Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered
fisheries species shall be punished by imprisonment ranging from six (6) months to two
(2) years.
(5) In all cases enumerated above, the explosives, noxious or poisonous substances and/or
electrical devices, as well as the fishing vessels, fishing equipment and catch shall be
forfeited.
Section 89. Use of Fine Mesh Net. - It shall be unlawful to engage in fishing using nets
with mesh smaller than that which may be fixed by the Department: Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels,
elvers, tabios, and alamang and such species which by their nature are small but already
mature to be identified in the implementing rules and regulations by the Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment from six (6) months
to two (2) years or both such fine and imprisonment at the discretion of the court:
Provided, That if the offense is committed by a commercial fishing vessel, the boat
captain and the master fisherman shall also be subject to the penalties provided herein:
Provided, further, That the owner/operator of the commercial fishing vessel who violates
this provision shall be subjected to the same penalties provided herein: Provided, finally,
That the Department is hereby empowered to impose upon the offender an administrative
fine and/or cancel his permit or license or both.
Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species. - It shall be

unlawful to fish or take rare, threatened or endangered species as listed in the CITES and
as determined by the Department.
Violation of the provision of this section shall be punished by imprisonment of twelve

(12) years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos
(P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit.
G. Relevant Jurisprudence
i. Tano et al vs Socrates et al28
Facts:
Petitioners caption their petition as one for Certiorari, Injunction with Preliminary
Mandatory Injunction, with Prayer for Temporary Restraining Order and pray that
this Court:
(1) Declare as unconstitutional:
(a) the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15-
92 which took effect on January 1, 1993 entitled: AN ORDINANCE BANNING THE
SHIPMENT OF ALL LIVE FISH AND LOBSTER OUTSIDE PUERTO PRINCESA
CITY FROM JANUARY 1, 1993 TO JANUARY 1, 1998 AND PROVIDING
EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF,
(b) Office Order No. 23, Series of 1993 dated January 22, 1993 which reads as
follows:
In the interest of public service and for purposes of City Ordinance No. PD426-14-74,
otherwise known as AN ORDINANCE REQUIRING ANY PERSON ENGAGED
OR INTENDING TO ENGAGE IN ANY BUSINESS, TRADE, OCCUPATION,
CALLING OR PROFESSION OR HAVING IN HIS POSSESSION ANY OF THE
ARTICLES FOR WHICH A PERMIT IS REQUIRED TO BE HAD, TO OBTAIN
FIRST A MAYORS PERMIT and City Ordinance No. 15-92, AN ORDINANCE
BANNING THE SHIPMENT OF ALL LIVE FISH AND LOBSTER OUTSIDE
PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO JANUARY 1, 1998, you
are hereby authorized and directed to check or conduct necessary inspections on
cargoes containing live fish and lobster being shipped out from the Puerto Princesa
Airport, Puerto Princesa Wharf or at any port within the jurisdiction of the City to any
point of destinations [sic] either via aircraft or seacraft.
The purpose of the inspection is to ascertain whether the shipper possessed the
required Mayors Permit issued by this Office and the shipment is covered by invoice
or clearance issued by the local office of the Bureau of Fisheries and Aquatic
Resources and as to compliance with all other existing rules and regulations on the
matter.
Any cargo containing live fish and lobster without the required documents as stated
herein must be held for proper disposition.
28
http://sc.judiciary.gov.ph/jurisprudence/1997/aug1997/110249.htm
In the pursuit of this Order, you are hereby authorized to coordinate with the PAL
Manager, the PPA Manager, the local PNP Station and other offices concerned for the
needed support and cooperation. Further, that the usual courtesy and diplomacy must
be observed at all times in the conduct of the inspection.
(c) the Sangguniang Panlalawigan, Provincial Government of Palawan enacted

Resolution No. 33 entitled: A RESOLUTION PROHIBITING THE CATCHING,
GATHERING, POSSESSING, BUYING, SELLING AND SHIPMENT OF LIVE
MARINE CORAL DWELLING AQUATIC ORGANISMS, TO WIT: FAMILY:
SCARIDAE (MAMENG), EPINE PHELUS FASCIATUS (SUNO). CROMILEPTES
ALTIVELIS (PANTHER OR SENORITA), LOBSTER BELOW 200 GRAMS AND
SPAWNING, TRADACNA GIGAS (TAKLOBO), PINCTADA MARGARITEFERA
(MOTHER PEARL, OYSTERS, GIANT CLAMS AND OTHER SPECIES),
PENAEUS MONODON (TIGER PRAWN-BREEDER SIZE OR MOTHER),
EPINEPHELUS SUILLUS (LOBA OR GREEN GROUPER) AND FAMILY:
BALISTIDAE (TROPICAL AQUARIUM FISHES) FOR A PERIOD FIVE (5)
YEARS IN AND COMING FROM PALAWAN WATERS, the full text of which
reads as follows:
WHEREAS, scientific and factual researches [sic] and studies disclose that only five
(5) percent of the corals of our province remain to be in excellent condition as [a]
habitat of marine coral dwelling aquatic organisms;
WHEREAS, it cannot be gainsaid that the destruction and devastation of the corals of
our province were principally due to illegal fishing activities like dynamite fishing,
sodium cyanide fishing, use of other obnoxious substances and other related
activities;
WHEREAS, there is an imperative and urgent need to protect and preserve the
existence of the remaining excellent corals and allow the devastated ones to
reinvigorate and regenerate themselves into vitality within the span of five (5) years;
WHEREAS, Sec. 468, Par. 1, Sub-Par. VI of the [sic] R.A. 7160 otherwise known as
the Local Government Code of 1991 empowers the Sangguniang Panlalawigan to
protect the environment and impose appropriate penalties [upon] acts which endanger
the environment such as dynamite fishing and other forms of destructive fishing,
among others.
NOW, THEREFORE, on motion by Kagawad Nelson P. Peneyra and upon unanimous
decision of all the members present;
Be it resolved as it is hereby resolved, to approve Resolution No. 33, Series of 1993
of the Sangguniang Panlalawigan and to enact Ordinance No. 2 for the purpose, to
wit.
Petitioners contend that:

First, the Ordinances deprived them of due process of law, their livelihood, and
unduly restricted them from the practice of their trade, in violation of Section 2,
Article XII and Sections 2 and 7 of Article XIII of the 1987 Constitution.
Second, Office Order No. 23 contained no regulation nor condition under which
the Mayors permit could be granted or denied; in other words, the Mayor had the
absolute authority to determine whether or not to issue permit.
Third, as Ordinance No. 2 of the Province of Palawan altogether prohibited the

catching, gathering, possession, buying, selling and shipping of live marine coral
dwelling organisms, without any distinction whether it was caught or gathered
through lawful fishing method, the Ordinance took away the right of petitioners-
fishermen to earn their livelihood in lawful ways; and insofar as petitioners-members
of Airline Shippers Association are concerned, they were unduly prevented from
pursuing their vocation and entering into contracts which are proper, necessary, and
essential to carry out their business endeavors to a successful conclusion.
Finally, as Ordinance No. 2 of the Sangguniang Panlalawigan is null and void, the
criminal cases based thereon against petitioners Tano and the others have to be
dismissed.
Issue:
Are the challenged ordinances unconstitutional?
Ruling:
No. The Supreme Court found the petitioners contentions baseless and held that
the challenged ordinances did not suffer from any infirmity, both under the
Constitution and applicable laws. There is absolutely no showing that any of the
petitioners qualifies as a subsistence or marginal fisherman. Besides, Section 2 of
Article XII aims primarily not to bestow any right to subsistence fishermen, but to lay
stress on the duty of the State to protect the nation’s marine wealth. The so-called
“preferential right” of subsistence or marginal fishermen to the use of marine
resources is not at all absolute.
In accordance with the Regalian Doctrine, marine resources belong to the state
and pursuant to the first paragraph of Section 2, Article XII of the Constitution, their
“exploration, development and utilization...shall be under the full control and
supervision of the State.
In addition, one of the devolved powers of the LCG on devolution is the

enforcement of fishery laws in municipal waters including the conservation of
mangroves. This necessarily includes the enactment of ordinances to effectively carry
out such fishery laws within the municipal waters. In light of the principles of
decentralization and devolution enshrined in the LGC and the powers granted therein
to LGUs which unquestionably involve the exercise of police power, the validity of
the questioned ordinances cannot be doubted.
ii. Hizon et al vs CA et al29
Facts:
This is a petition for review on certiorari of the decision of the Court of Appeals
in CA-G.R. CR No. 15417 affirming the decision of the Regional Trial Court, Branch
52, Palawan in Criminal Case No. 10429 convicting petitioners of the offense of
illegal fishing with the use of obnoxious or poisonous substance penalized under
Presidential Decree (P.D.) No. 704, the Fisheries Decree of 1975.
In an Information dated October 15, 1992, petitioners were charged with a

violation of P.D. 704. In September 1992, the Philippine National Police (PNP)
Maritime Command of Puerto Princesa City, Palawan received reports of illegal
fishing operations in the coastal waters of the city. In response to these reports, the
city mayor organized Task Force Bantay Dagat to assist the police in the detection
and apprehension of violators of the laws on fishing.
On September 30, 1992 at about 2:00 in the afternoon, the Task Force Bantay
Dagat reported to the PNP Maritime Command that a boat and several small crafts
were fishing by muro ami within the shoreline of Barangay San Rafael of Puerto
Princesa. The police, headed by SPO3 Romulo Enriquez, and members of the Task
Force Bantay Dagat, headed by Benito Marcelo, Jr., immediately proceeded to the
area and found several men fishing in motorized sampans and a big fishing boat
identified as F/B Robinson within the seven-kilometer shoreline of the city. They
boarded the F/B Robinson and inspected the boat with the acquiescence of the boat
captain, Silverio Gargar. In the course of their inspection, the police saw two
foreigners in the captain’s deck. SPO3 Enriquez examined their passports and found
them to be mere photocopies. The police also discovered a large aquarium full of live
lapu-lapu and assorted fish weighing approximately one ton at the bottom of the boat.
[2] They checked the license of the boat and its fishermen and found them to be in
order. Nonetheless, SPO3 Enriquez brought the boat captain, the crew and the
fishermen to Puerto Princesa for further investigation. Thereafter, an
Inspection/Apprehension Report was prepared and the boat, its crew and fishermen
were charged with the following violations:
29
http://sc.judiciary.gov.ph/jurisprudence/1996/dec1996/119619.htm
1. Conducting fishing operations within Puerto Princesa coastal waters without
mayor’s permit;
2. Employing excess fishermen on board (Authorized--26; On board--36);
3. Two (2) Hongkong nationals on board without original passports
The specimens were brought to the National Bureau of Investigation (NBI) sub-
office in the city for examination to determine the method of catching the same for
record or evidentiary purposes. On October 7, 1992, NBI Forensic Chemist Emilia
Rosaldes conducted two tests on the fish samples and found that they contained
sodium cyanide.
In light of these findings, the PNP Maritime Command of Puerto Princesa City
filed the complaint at bar against the owner and operator of the F/B Robinson, the
First Fishermen Fishing Industries, Inc., represented by herein petitioner Richard
Hizon, the boat captain, Silverio Gargar, the boat engineer, Ernesto Andaya, two other
crew members, the two Hongkong nationals and 28 fishermen of the said boat.
Petitioners were arraigned and they pled not guilty to the charge. As defense, they
claimed that they are legitimate fishermen of the First Fishermen Industries, Inc., a
domestic corporation licensed to engage in fishing.
On July 9, 1993, the trial court found the thirty-one (31) petitioners guilty and
sentenced them to imprisonment for a minimum of eight (8) years and one (1) day to
a maximum of nine (9) years and four (4) months. The court also ordered the
confiscation and forfeiture of the F/B Robinson, the 28 sampans and the ton of
assorted live fishes as instruments and proceeds of the offense.
On appeal, the Court of Appeals affirmed the decision of the trial court.
Issues:
Whether or not the specimen illegally seized on the occasion of warrantless search
and arrest, is admissible and sufficient basis for the conviction of the petitioners for
illegal fishing?
Whether petitioners are guilty of the offense of illegal fishing with the use of
poisonous substances?
Ruling:
The Supreme Court held that the warrantless search on the F/B Robinson was
valid. The fish and other evidence seized in the course of the search were properly
admitted by the trial court. Moreover, petitioners failed to raise the issue during trial
and hence, waived their right to question any irregularity that may have attended the
said search and seizure.
For the second issue, the Supreme Court held that the petitioners are not guilty of
the offense of illegal fishing with the use of poisonous substances. The offense of
illegal fishing is committed when a person catches, takes or gathers or causes to be
caught, taken or gathered fish, fishery or aquatic products in Philippine waters with
the use of explosives, electricity, obnoxious or poisonous substances. The prosecution
failed to explain the contradictory findings on the fish samples and this omission
raises a reasonable doubt that the one ton of fishes in the cage were caught with the
use of sodium cyanide. The absence of cyanide in the second set of fish specimens
supports petitioners claim that they did not use the poison in fishing. The
apprehending officers found in the boat assorted hooks and lines for catching fish. For
this obvious reason, the Inspection/Apprehension Report prepared by the
apprehending officers immediately after the search did not charge petitioners with
illegal fishing, much less illegal fishing with the use of poison or any obnoxious
substance. The only basis for the charge of fishing with poisonous substance is the
result of the first NBI laboratory test on the four fish specimens. Under the
circumstances of the case, however, this finding does not warrant the infallible
conclusion that the fishes in the F/B Robinson, or even the same four specimens, were
caught with the use of sodium cyanide.
Prosecution witness SPO1 Bernardino Visto testified that for the first laboratory
test , boat engineer Ernesto Andaya did not only get four (4) samples of fish but
actually got five (5) from the fish cage of the F/B Robinson.[47] This Certification
that four (4) fish samples were taken from the boat shows on its face the number of
pieces as originally five (5) but this was erased with correction fluid and four (4)
written over it.[48] The specimens were taken, sealed inside the plastic bag and
brought to Manila by the police authorities in the absence of petitioners or their
representative. SPO2 Enriquez testified that the same plastic bag containing the four
specimens was merely sealed with heat from a lighter.[49] Emilia Rosaldes, the NBI
forensic chemist who examined the samples, testified that when she opened the
package, she found two ends of the same plastic bag knotted.[50] These
circumstances as well as the time interval from the taking of the fish samples and
their actual examination fail to assure the impartial mind that the integrity of the
specimens had been properly safeguarded.
Apparently, the members of the PNP Maritime Command and the Task Force
Bantay Dagat were the ones engaged in an illegal fishing expedition.
H. Others Issues on Biodiversity and Wildlife
i. 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. (RA
9147)
• Biosafety and Alien Invasive Species
- The Convention on Biological Diversity defines invasive alien species as species
whose introduction and/or spread outside their natural past or present
distribution threatens biological diversity.
- Invasive alien species is a major driver of biodiversity loss.
- In the Philippines, a DENR news release cited that 170 invasive alien species or
nonendemic species of plants, animals and insects have been recorded as causing
damage to agriculture and local biodiversity.
- These include water lily, golden apple snail or golden kuhol, tilapia, janitor fish
and, lately, the dreaded knife fish that has invaded the Laguna de Bay.
- Pet lovers are known to release their exotic pets after some time, which can
cause potential harm to the environment and other native species.
- Invasive alien species—whether plants or animals—in the end overcome and
cause the extinction of native species, such as in the case of tilapia, janitor fish
and knife fish.
- A GMO or genetically modified organism is a product of genetic engineering,
which is a process that allows for the selection and transfer of specific genes
form one organism to another. This may seem promising; however, the following
have been raised against GMO:
 Human Health Concerns
o It has been claimed that this type of food pose health risks to human
being.
o Case in point: BT Corn
 Environmental Concerns
o Danger of the “gene flow” - the possibility that GM crops wil hybridize
wth their wild relatives resulting in the transfer of the transgenes from
the GM crops to their wild counterparts.
o May lead to the following:
- Occurrence of “superweeds”
- Threat of extinction of the wild relatives of the GM crops
- “Genetic Pollution” of the natural ecosystem diversity
 Regulatory Concerns
o Slow commercialization due to the cost incurred in complying with the
biosafety regulatory requirements
o Resulting delay in time for regulatory approval due to slow or lengthy
review procedures resulting to losses for the investing entity
o Lack measures for transparent, independent and participatory implementation and
mechanisms
ii. 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. (RA 9147 and 10038)
• Bioprospecting under RA 9147
- means the research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived there from solely
for commercial purposes
- 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.
- Executive Order No. 247 - prescribes the guidelines and establishes the
regulatory framework or the prospecting of biological and genetic resources,
their by-products and derivatives, for scientific and commercial purposes and
for other purposes.
o This limited the scope to sampling and collecting materials
o Prior Informed Consent as a requirement - notice to the affected
community of the proposed bioprospecting activity, but not dialogue.
o The benefit sharing scheme to be made equitably but no quantified ratio is
identified and the benefits gained by the affected communities is
uncertain.
o Difficult process for obtaining permits that hindered research activities of

Filipino scientists.
- The Wildlife Resources Conservation and Protection Act (RA 9147)

o Provided new definition for bioprospecting as “means the research,
collection and utilization of biological and genetic resources for purposes
of applying the knowledge derived there from solely for commercial
purpose”
o Affected communities through the Prior Informed Consent requirement
are entitled to bargain as to their share in the benefits derived from the
bioprospecting activity.
o Detailed benefit-sharing provisions
o Requirement for Bioprospecting Undertaking permit for commercial
undertakings and a gratuitous permit for scientific studies.
VI. Analysis/Conclusion
This Philippine wildlife and biodiversity which is a natural wealth and remarkable
asset is at significant risk. Over exploitation and unsustainable practices,
encroachment in forested areas, pollution, over-fishing, poor land management
practices, and natural disasters exacerbated by climate change are contributing
significantly to an alarming rate of biodiversity loss.
The repercussions of biodiversity loss are much more expensive than the cost of
sustaining, protecting and managing biodiversity. The quantity and quality of water,
food, pharmaceuticals, energy – almost everything that sustains life – suffer. We need
to move quickly to viewing biodiversity as an investment that can deliver significant
economic and social returns. It is possible. It is promising. And it would provide a
major contribution to both economic development and poverty reduction in the
Philippines. The conservation and sustainable use of our wildlife resources are therefore of
extreme importance and need the support of everyone.
VII. Recommendation:
After thorough readings and research with regard to Wildlife and Biodiversity
Conservation, our group recommends for the following plans of action:
• The Government should impose stricter penalties and sanctions to those who will
violate the laws and legislation or rules on wildlife and biodiversity conservation.
• More researches must be conducted to highlight current issues about the country’s
wildlife and biodiversity, as well as the attempts done for its conservation.
• The Government and other sectors of the society should have strong collaboration and
partnership in creating programs concerning the conservation of the wildlife and
biodiversity.
• There should be public awareness about the wildlife and biodiversity and the
conservation and this can be done through educational tours, social, print and
electronic media.
• Local Government Units should enact more ordinances to strengthen and enhance the
protected areas within their jurisdiction.
VIII. References:
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as-of-feb-2016

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Biodiversity Management Bureau. Retrieved August 26, 2018, from http://bmb.gov.ph/388-
protection-and-conservation-of-wildlife/facts-and-figures/786-status-of-the-philippine-
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Wildlife and Biodiversity Conservation Report

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Report on Wildlife and Biodiversity Conservation

In partial fulfillment of the requirements

Atty. Rodolfo Sabio

Philippine Wildlife and Biodiversity

Quality of Life Quality of Environment

Status of Philippine Wildlife and

Factors affecting wildlife and Issues/Problems faced by the wildlife

Conservation of wildlife and

Government Citizens Civil Society and

V. Philippine Wildlife and Biodiversity and Conservation

A. Status of Philippine Wildlife and Biodiversity

According to the Bureau of Biodiversity Management Bureau, the Philippines

NO. OF THREATENED SPECIES

TOTAL NO. OF THREATENED

List of Threatened Species as of 2017

According to the Department of Environment and Natural Resources16, the

According to the Department of Environment and Natural Resources-Forest

According to the Biodiversity Management Bureau18, the following are the

In addition, NewCAPP19, enumerated the following as threats to biodiversity and

• Infrastructure development, such as major industries, road networks, irrigation,

And that the following are the underlying factors:

• Weak enforcement is related to the historical state-led regulatory regimes over

D. Conservation of the Philippine Wildlife and Biodiversity

Law Pertinent Provision/Description

1. Conservation, protection and sustained management

2. Poverty alleviation and the provision of

3. Improvement of productivity of aquaculture within

4. Optimal utilization of offshore and deep-sea

5. Upgrading of post-harvest technology

3. Improvement of productivity of aquaculture within

4. Optimal utilization of offshore and deep-sea

5. Upgrading of post-harvest technology

ii. Some Ordinances of Local Government Units20 21 22 23

City Fisheries Code of 2009 • Sangguniang Panlungsod of General

iii. Other Governmental Actions, Initiatives and Programs 24 25

Section 6. Wildlife Information. All activities, as subsequently manifested under this

Section 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance

Section 8. Possession of Wildlife. - No person or entity shall be allowed possession of

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

Section 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport

Section 11. Exportation and/or Importation of Wildlife. Wildlife species may be

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

Whenever an economically important species become threatened, any form of collection

(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.

Section 22. Determination of Threatened Species. - The Secretary shall determine

Section 23. Collection of Threatened Wildlife, By-products and Derivatives The

F. On a closer look: Fisheries Code (RA 8850)27

Section 2. Declaration of Policy. - It is hereby declared the policy of the State:

Section 11. Protection of Rare, Threatened and Endangered Species. - The Department

Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries

Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or

Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species. - It shall be

Violation of the provision of this section shall be punished by imprisonment of twelve

(1) Declare as unconstitutional:

(c) the Sangguniang Panlalawigan, Provincial Government of Palawan enacted

Petitioners contend that:

Third, as Ordinance No. 2 of the Province of Palawan altogether prohibited the

In addition, one of the devolved powers of the LCG on devolution is the

ii. Hizon et al vs CA et al29

In an Information dated October 15, 1992, petitioners were charged with a