REPUBLIC ACT NO.

9175
November 7, 2002

AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAIN
SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the "Chain Saw Act of 2002".

Sec. 2. Declaration Policy. It is the policy of the State consistent with the Constitution, to conserve,
develop and protect the forest resources under sustainable management. Toward this end, the State shall
pursue an aggressive forest protection program geared towards eliminating illegal logging and other forms
of forest destruction which are being facilitated with the use of chain saws. The State shall therefore
regulate the ownership, possession, sale, transfer, importation and/or use of chain saws to prevent them
from being used in illegal logging or unauthorized clearing of forests.

Sec. 3. Definition of Terms. - As used in this Act, the term:

(a) "Chain saw" shall refer to any portable power saw or similar cutting implement, rendered operative by
an electric or internal combustion engine or similar means, that may be used for, but is not limited to, the
felling of trees or the cutting of timber;

(b) "Chain saw dealer" shall refer to a person, natural or juridical, engaged in the manufacture,
importation, distribution, purchase and/or sale of chain saws;

(c) "Department" shall refer to the Department of Environment and Natural Resources; and

(d) "Secretary" shall refer to the Secretary of the Department of Environment and Natural Resources.

Sec. 4. Persons Authorized to Manufacturer, Sell and Import Chain Saws. - Chain saws shall only be sold
and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the
Department.

Sec. 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is hereby authorized to
issue permits to possess and/or use a chain saw for the felling land/or cutting of trees, timber and other
forest or agro-forest products to any applicant who:

(a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a
private land timber permit;

(b) is an orchard and fruit tree farmer;

(c) is an industrial tree farmer;

(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been
legally sold to said applicant; or

(e) shall use the chain saw for a legal purpose.

Agencies of the government that use chain saws in some aspects of their functions must likewise secure
the necessary permit from the Department before operating the same.

Sec. 6. Registration of Chain Saws. - Within a period of three (3) months from the effectivity hereof, all
persons who own or are otherwise in possession of chain saws must register the same with the
Department, through any of its Community Environment and Natural Resources Office, which shall issue
the corresponding registration certificate or permit if it finds such persons to be qualified hereunder.

Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years
upon issuance:Provided, That permits to possess and use chainsaw issued to non-commercial orchard and
fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this purpose, the
Department shall be allowed to collect reasonable registration fees for the effective implementation of this
Act.
Sec. 7. Penal Provisions. -

(a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper
Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or
possesses a chain saw without first securing the necessary permit from the Department shall be punished
with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less
than Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos (30,000.00) or both at the
discretion of the court, and the chain saw/s confiscated in favor of the government.

(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who imports or manufactures a
chain saw without obtaining prior authorization from the Department shall be punished by imprisonment
of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand
pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).

(3) Tampering of Engine Serial Number. - Any person who is found to have defaced or tampered with the
original registered engine serial number of any chain saw unit shall be punished by imprisonment of not
less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos
(P1,000.00) nor more than Four thousand pesos (P4,000.00).

(4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in possession of a chain saw and
uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department
shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not
less that Thirty thousand pesos (P30,000.00) but not more than Fifty thousand pesos (P50,000.00) or
both at the discretion of the court without prejudice to being prosecuted for a separate offense that may
have been simultaneously committed. The chain saw unlawfully used shall be likewise confiscated in favor
of the government.

If the violation under this Sec. is committed by or through the command or order of another person,
partnership or corporation, the penalties herein provided shall likewise be imposed on such other person,
or the responsible officer(s) in such partnership or corporation.

If the offender is a public official or employee, in addition to the above penalties, he shall be removed
from office and perpetually disqualified from holding any public office.

The chain saws confiscated under this Sec. shall be sold at public auction to qualified buyers and the
proceeds thereof shall go to the Department.

Sec. 8. Reward. - Any person who voluntarily gives information leading to the recovery or confiscation of
an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward
equivalent to twenty person (20%) of the value of the chain saw unit(s). The Department is authorized to
include in its budget the amount necessary to carry out the purpose of this Sec. .

Sec. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the Secretary
shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act. He
shall likewise organize an office within the Department to ensure that requirements imposed by this Act
may be complied with by qualified persons, within the shortest possible time, at the least possible
expense.

In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for
Sustainable Development pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for
Palawan.

Sec. 10. Revocation of Registration and Permit. - The Secretary may revoke any Certificate of
Registration or permit previously issued to a person found violating the provisions of this Act, or the rules
and regulations issued pursuant thereto.

Sec. 11. Joint Congressional Oversight Committee. - To monitor and oversee the implementation of this
Act, including the approval of the rules and regulations issued pursuant hereto, there is hereby created a
Joint Congressional Oversight Committee to be composed of the Chairpersons of the Senate Committee on
Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and
Co-Chairperson, five (5) members of each of the Senate and the House of Representatives who shall be
designated by the Senate President and the Speaker of the House of Representatives as
members: Provided, That the two (2) of the five (5) senators and two (2) of the five (5) House members
shall be nominated by the respective Minority Leaders of the Senate and the House of Representatives.
Sec. 12. Transitory Provision. - In the interim while the Department is formulating the implementing rules
and regulations to effectively carry out the provisions of this Act, the Bureau of Customs is prohibited from
approving any chain saw importation without clearance from said Department.

Sec. 13. Separability Clause. - If, for any reason, any part or provision of this act shall be declared as
unconstitutional or invalid, such parts or provisions not affected thereby shall remain in full force and
effect.

Sec. 14. Repealing Clause. - all laws, executive orders, presidential decrees, letters of instruction, rules
and regulations, or parts thereof which are inconsistent with any of the provisions of this Act are hereby
repealed and/or amended accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in
the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes
earlier.

Approved:

JOSE DE VENECIA JR. FRANKLIN DRILON

Speaker of the House of President of the Senate
Representatives

This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was finally passed by the Senate and
the House of Representative on August 14, 2002 and September 2, 2002, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives

Approved: November 7, 2002

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Philippine Plant Variety Protection Act of 2002
Republic Act No. 9168

Congress of the Philippines

Twelfth Congress
First Regular Session

REPUBLIC ACT NO. 9168

June 7, 2002

AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING A NATIONAL

PLANT VARIETY PROTECTION BOARD AND FOR OTHER PURPOSES

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

Section 1. Short Title.This Act shall be known and cited as the "Philippine Plant Variety Protection Act of
2002"

Sec. 2. Statement of Policies.

a) The State recognizes that an effective intellectual property system in general and the development of
new plant variety in particular is vital in attaining food security for the country. To this end, it shall protect
and secure the exclusive rights of breeders with respect to their new plant variety particularly when
beneficial to the people for such periods as provided for in this Act.

b) The use of intellectual property bears a socioeconomic function. To this end, the State shall promote
the diffusion of technology and information for the promotion of national development and progress for
the common good.

c) The State recognizes the indispensable role of the private sector, encourages the participation of
private enterprises and provides incentives to needed investments in the development of new plant
varieties.

d) The State recognizes that science and technology are essential for national development and promotes
the adaptation of technology and knowledge from all sources for the national benefit. The State also
recognizes the need to protect and secure the exclusive rights of scientists and other gifted citizens to
their intellectual property and creations.

e) The State, while recognizing intellectual property rights in the field of agriculture, does so in a manner
supportive of and not inconsistent with its obligation to maintain a healthful ecology in accord with the
rhythm and harmony of nature.

TITLE II

Definitions

Sec. 3. Definitions. -

a) "Applicant" means the breeder who applies for the grant of a Certificate of Plant Variety Protection.

b) "Board" means the National Plant Variety Protection Board created by this Act. It shall also refer to the
National Seed Industry Council during the transition period from the effectivity of this Act up to the time
the said Board has been organized and operating.

c) "breeder" means:

1. The person who bred, or discovered and developed a new plant variety; or

2. The person who is the employer of the aforementioned person or who has commissioned the work; or

3) The successors-in-interest of the foregoing persons as the case may be; or

4) The holder of the Certificate of Plant Variety Protection.

d) "Certificate of Plant Variety Protection" means the document issued by the Board pursuant to this Act
for the protection of a new plant variety.

e) "Commission" means to engage the services of a person to develop new plant varieties in exchange for
monetary or any material consideration.

f) "Harvested material" means any part of a plant with potential economic value or any product made
directly therefrom in proper case.

g) "Holder" means a person who has been granted a Certificate of Plant Variety Protection or his
successors-in-interest.

h) "Persons" includes natural persons and juridical persons.

i) "Plant" includes terrestrial and aquatic flora.

j) "Plant Variety Protection (PVP)" mans the rights of breeders over their new plant variety as defined in
this Act.

k) "Propagating material" means any part of the plant that can be used to reproduce the protected
variety.

l) "Regulations" means the rules and regulations promulgated by the Board for the purpose of
implementing the provisions of this Act.

m) "Variety" means a plant grouping within a single botanical taxon of the lowest known rank, that
without regard to whether the conditions for plant variety protection are fully met, can be defined by the
expression of the characteristics resulting from a given genotype or combination of genotypes,
distinguished from any other plant groupings by the expression of at least one (1) characteristics, and
considered as a unit with regard to the suitability for being propagated unchanged. A variety may be
represented by seed, transplants, plants, tubers, tissue culture plantlets, and other forms.

TITLE III

Conditions for the Grant of the Plant Variety Protection

Sec. 4. The Certificate of Plant Variety Protection shall be granted for varieties that are:

a) New;

b) Distinct;

c) Uniform; and

d) Stable.

Sec. 5. Newness. - A variety shall be deemed new if the propagating or harvested material of the variety
has not been sold, offered for sale or otherwise disposed of to others, by or with the consent of the
breeder, for purposes of exploitation of the variety;

a) In the Philippines for more than one (1) year before the date of filing of an application for plant variety
protection; or

b) In other countries or territories in which the application has been filed, for more than four (4) years or,
in the case of vines or tress, more than six (6) years before the date of filing of an application for Plant
Variety Protection.

However, the requirement of novelty provided for in this Act shall not apply to varieties sold, offered for
sale or disposed of to others for a period of five (5) years before the approval of this Act. Provided, That
application for PVP shall be filed within one (1) year from the approval of this act.

Sec. 6. Distinctness. - A variety shall be deemed distinct if it is clearly distinguishable from any
commonly known variety. The filing of an application for the granting of a plant variety protection or for
the entering of a new variety in an official register of variety in the Philippines or in any country, shall
render the said variety a matter of public knowledge from the date of the said application: Provided, That
the application leads to the granting of a Certificate of Plant Variety Protection or the entering of the said
other variety in the official register of variety as the case may be.

Sec. 7. Uniformity. - The variety shall be deemed uniform if, subject to the variation that may be
expected from the particular features of its propagation, it is sufficiently uniform in its relevant
characteristics.

Sec. 8. Stability. - The variety shall be deemed stable if its relevant characteristics remain unchanged
after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such
cycle.

TITLE IV

Variety Denomination

Sec. 9. Variety Denomination. - The variety shall be designated by a denomination which shall be its
generic description. In particular, it must be different from any denomination that designates an existing
variety of the same plant species or closely related species.

Sec. 10. Right of Priority over Denomination. - The use of a denomination shall not be granted to a
breeder if such denomination has already been registered to another breeder or is being used by a third
party in relation to the sale or offering for sale of a particular variety prior to the filing date or priority date
of an application for a Certificate of Plant Variety Protection. In case two (2) or more breeders/applicants
apply for the registration of the same denomination, the breeder/applicant who has the earliest filing date
or priority date shall have the right to register the same to the exclusion of the other applicant/breeder(s).

Sec. 11. Figures as Denomination. - The denomination must enable the variety to be identified. It may
not consist solely of figures except when it is an established practice for designating such a variety.

Sec. 12. Misleading Denomination. - No denomination shall be accepted if it is liable to mislead or to

cause confusion concerning the characteristic value or identity of the variety or identity of the breeder.

Sec. 13. Refusal of Denomination. - If the denomination does not satisfy these requirements, its
registration shall be refused and the breeder shall be required to propose another denomination within a
prescribed period. The denomination shall be registered together with the grant of the breeder's right.

Sec. 14. Denomination Used in an Application Previously Filed abroad. - An application filed in this
country, the subject matter of which is the same as that of an application previously filed abroad, shall use
the same denomination as the latter. However, if such denomination does not conform to the provisions of
this Title, the applicant/breeder shall be required to submit a new denomination.

Sec. 15. Obligation to Use Denomination. - Any person, who offers for sale or markets in the
Philippines, propagating material of a variety protected, shall be obliged to use the denomination of that
variety, even after the expiration of the breeder's right therefor except when the rule of prior rights apply.

Sec. 16. Use of Marks. - When a protected variety is offered for sale or marketed, it may be associated
with a trademark, trade name or other similar indication with a registered denomination. If such an
indication is so associated, the denomination must nevertheless be easily recognizable.

TITLE V

Applicants to a Plant Variety Protection

Sec. 17. Entitlement. - Any breeder, with respect to the variety developed, may apply for a plant variety
developed, may apply for a plant variety protection and obtain a Certificate of Plant Variety Protection
upon compliance with the requirements of this Act.

Sec. 18. Co-ownership of the Right. - If two (2) or more persons contribute to the development of a
new plant variety, all of them shall be named in the Certificate of Plant Variety Protection and shall be
entitled to such rights as agreed upon in writing or in the absence thereof, the rights in proportion to their
contribution in the development of plant variety.
Sec. 19. Employee-Employer relationship. - in case an employee develops a plant variety in the
course of his employment as a result of the performance of his regular duty, the plant variety protection
shall belong to the employer, unless there is a written stipulation to the contrary.

Sec. 20. First to File Rule. - If two (2) or more persons develop a new plant variety separately and
independently of each other, the Certificate of Plant Variety Protection shall belong to the person who files
the application first. In case two (2) or more persons file an application for the same plant variety, the
right shall be granted to the person who has the earliest filing date or priority date.

Sec. 21. Priority Date. - Any application for a Certificate of Plant Variety Protection previously filed by a
breeder in another country, which by treaty, convention or law affords similar privileges to Filipino
citizens, shall be considered as filed locally as of the date of filing of the foreign
application: Provided, That:

a) The local application expressly claims priority;

b) It is filed within twelve (12) months from the filing date of the earliest foreign application; and

c) The applicant submits, within six (6) months from the filing of the local application, authenticated
copies of documents which constitute the foreign application, samples or other evidence showing that the
variety which is being applied for protection is the same variety which has been applied for protection in a
foreign country.

Sec. 22. Foreign Nationals. - For purposes of this Act, a person shall be considered a national of a
foreign country if he is a citizen of such country according to its laws, a natural person residing therein, or
is a legal entity whose office is registered in such foreign country.

Sec. 23. National Treatment. - Any application filed locally for a Certificate of Plant Variety Protection
previously granted to a breeder in another country, which by treaty, convention or law affords similar
privileges to Filipino citizens, shall be issued a Certificate of Plant Variety Protection upon payment of dues
and compliance to all the provisions of this Act. This Act shall also apply to the nationals of foreign
countries that are members of intergovernmental organizations or party to any multilateral agreement or
convention concerning the granting of intellectual property protection to plant varieties.

TITLE VI

Examination of the Application and Issuance of PVP Certificate

Sec. 24. Contents of the Application. - An application for a Certificate of Plant Variety Protection shall
be filed in the manner and on the conditions prescribed in the regulations, and shall include:

a) Name of the applicant/breeder;

b) Address of the applicant/breeder in the Philippines;

c) Name of resident agent and address in the Philippines;

d) The description of the variety bred, including particulars of its characteristics;

e) The variety denomination;

f) Sample of propagating materials, which are the subject of the application; and

g) Any other particular required by the regulations.

Section 25. Rights of the Applicant to File the Application. - If the applicant is not the actual
breeder, he shall indicate in his application the basis for his right to file the application.

Sec. 26. Contents of the Description and Order of Presentation. - The Board shall issue rules and
regulations stipulating the contents of the description and the order of presentation.

Sec. 27. Other Information Required. - The applicant shall be required by the Board to furnish
information regarding any application filed by him in other countries including all pertinent documents
relating thereto. If the applicant has successfully claimed priority according to this Act, he shall be given a
period of two (2) years from the priority date to comply with the requirements of this Sec. .

Sec. 28. Manner of Conducting Tests. - The Board may carry out the necessary tests, cause the
conduct of tests, or consider the results of other tests or trials that have already been done. For this
purpose, the Board shall require the applicant to furnish all the necessary information, documents or
materials within a period of time prescribed in the regulations.

Sec. 29. Filing Date. - For purposes of according a filing date, the Board shall consider, as a minimum
requirement, all of the above enumerated items in Sec. 24 hereof.

Sec. 30. Publication of the Application. - After the Board has accorded a filing date, the application
shall be published within sixty (60) days at the expense of the applicant in the Plant Variety
Gazette hereunder described in Sec. 73.

Prior to such publication, the application and all related documents shall not be made available to the
public without the written consent of the applicant.

After publication of the application, any person may inspect the application documents in a manner to be
prescribed by the Board.

Sec. 31. Opposition to the Grant of Plant Variety Protection. - Any person who believes that the
applicant is not entitled to the grant of the Certificate of Plant Variety Protection may file an opposition
thereto within the period prescribed by the Board from the date of its publication and before the issuance
of the Certificate of Plant Variety Protection.

Opposition to the application may be made on the following grounds:

a) that the person opposing the application is entitled to the breeder's right as against the applicant;

b) that the variety is not registrable under this Act.

If the opposition is based on the conditions of Plant Variety Protection, such opposition shall be considered
together with the examination of the application.

Sec. 32. Issuance of the Certificate. - When the Board has tested and examined the variety, and/or
considered the supporting materials and literature pertinent thereto, it shall issue a Certificate of Plant
Variety Protection. A notice of such issuance shall be published in the manner to be prescribed in the
regulations at the expense of the holder.

Sec. 33. Term of Protection. - For trees and vines, the period of protection shall be twenty-five (25)
years from the date of the grant of the Certificate of Plant Variety Protection and twenty (20) years from
the said date for all other types of plants, unless declared void ab initio or cancelled otherwise, as
provided under Sec. 61 and 62, respectively of this Act.

Sec. 34. Annual Fees. - To maintain the validity of the Certificate of Plant Variety Protection, the holder
shall pay an annual fee to be prescribed by the Board. Annual fees shall be paid starting from the fourth
anniversary of the issuance of the certificate and every year thereafter with the first three (3) months of
said years. The holder has the option to pay in advance this annual fee for a maximum of twenty (20)
years.

The Certificate of Plant Variety Protection shall expire and cease to have force and effect upon the holder's
failure to pay the annual fees within the prescribed period. A notice of such cancellation shall be published
in the Plant Variety Gazetteone (1) year after the term of protection has expired. Before such publication,
any holder who fails to pay the annual fees may request for a reinstatement of his
certificate: Provided, That he settles his unpaid accounts including surcharges to be determined by the
Board.

Sec. 35. Notice of Rejection. - Whenever an application is rejected, the Board shall immediately inform
the applicant on the grounds therefor, and when applicable, identify and provide the documents used as
the basis for rejection.
a) Reconsideration - Within two (2) months from the receipt of the rejection notice, the applicant may
amend his application or traverse the finding of the Board. The Board, in turn, may reverse its initial
finding or issue a final rejection within the same period.

b) Appeal from the Notice of Rejection - The decision applicant of the Board is final except for anomalous
circumstances involving the Board in which case the may appeal it to the proper court.

TITLE VII

Rights of Holders

Sec. 36. Rights of Holders of Plant Variety Protection. - In respect of the propagating materials,
holders of a Certificate of Plant Variety Protection shall have the right to authorize any of the following
acts:

a) Production or reproduction;

b) Conditioning for the purpose of propagation;

c) Offering for sale;

d) Selling or other marketing;

e) Exporting;

f) Importing; and

g) Stocking for any purpose mentioned above.

Sec. 37. The holder may make his authorization subject to conditions and limitations.

Sec. 38. Acts in Respect of Harvested Materials. - Except for Sections 43 and 44 of this Title, the
rights in the two (2) preceding sections shall also extend to the harvested materials which may be the
entire plant or its other parts, if the production thereof resulted directly from the unauthorized use of the
plant's propagating materials that are covered by this Act, unless the holder has had the reasonable
opportunity to exercise his right in relation to the said propagating materials.

Sec. 39. Coverage of Protection.- The rights of holder under Sections 36 and 38 of this Act shall also
apply in relation to:

a) Varieties which are essentially derived from the protected variety, where the protected variety is not
itself an essentially derived variety;

b) Varieties which are not clearly distinct from the protected variety; and

c) Varieties whose production requires the repeated use of the protected variety.

Sec. 40. Essentially Derived Varieties. - For the purpose of paragraph 39(a), a variety shall be
deemed to be essentially derived from the initial variety when:

a) it is predominantly derived from the initial variety, or from a variety that is itself predominantly derived
from the initial variety, while retaining the expression of the essential characteristics that result from the
genotype or combination of genotypes of the initial variety;

b) It is clearly distinguishable from the initial variety; and

c) Except for the differences which result from the act of derivation, it conforms to the initial variety in the
expression of the essential characteristics that result from the genotype or combination of genotypes of
the initial variety.

Sec. 41. Manner of Developing Essentially Derived Varieties. - It shall also be understood that
essentially derived varieties may be obtained through processes which may include, but not limited to, the
selection of a natural or induced mutant, or of a somoclonal variant, the selection of a variant individual
from plants of initial variety, backcrossing or transformation by genetic engineering. Genetic engineering
shall be understood as the introduction of genes by laboratory techniques.
Sec. 42. Provisional Protection. - An applicant for a Certificate of Plant Variety Protection shall be
entitled to equitable remuneration from any person who, during the period between the publication of the
application for the certificate and the grant of that certificate, has carried out acts which, once the
certificate is granted, required the holder's authorization as conferred in this Act: Provided, That the
applicant shall initiate the legal action against the alleged infringer within two (2) years from the date of
the granting of his Certificate of Plant Variety Protection.

Sec. 43. Exceptions to Plant Variety Protection. - The Certificate of Plant Variety Protection shall not
extent to:

a) Acts done for noncommercial purposes;

b)Acts done for experimental purposes;

c) Acts done for the purpose of breeding other varieties, except when Sections 39 and 40 apply; and

d) The traditional right of small farmers to save, use, exchange, share or sell their farm produce of a
variety protected under this Act, except when a sale is for the purpose of reproduction under a commercial
marketing agreement. The Board shall determine the condition under which this exception shall apply,
taking into consideration the nature of the plant cultivated, grown or sown. This provision shall also
extend to the exchange and sell of seeds among and between said small farmers: Provided, That the small
farmers may exchange or sell seeds for reproduction and replanting in their own land.

Sec. 44. Exhaustion of Plant Variety Protection. - The Certificate of Plant Variety Protection shall not
extend to acts concerning any material of the protected variety, or a variety covered by the provisions of
Sections 39 and 40 hereof, which has been sold or otherwise marketed by the breeder or with his consent
in the Philippines, or any material derived from the said material, unless it:

a) Involves further propagation of the variety in question; or

b) Involves the export of the variety, which enables the propagation of the variety, into a country that
does not protect the variety of the plant genus or species to which the variety belongs, except where the
exported material is for final consumption purposes.

Sec. 45. Rights of Attribution. - No Certificate of Plant Variety Protection shall be issued without
naming the breeder(s) unless this right is protested in writing within one (1) year.

Sec. 46. Succession/Transmission. - The Certificate of Plant Variety Protection shall be considered as a
property right and the transmission thereof shall be governed by the law on Property.

TITLE VIII

Infringement

Sec. 47. What Constitutes Infringement. - Except as otherwise provided in this Act, any person who
without being entitled to do so, performs the following acts:

a) Sell the novel variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit
an offer to buy it, or any other transfer of title or possession of it; or

b) Import the novel variety into, or export it from, the Philippines; or

c) Sexually multiply the novel variety as a step in marketing (for growing purposes) the variety; or

d) Use the novel variety in producing (as distinguished from developing) a hybrid or different variety
therefrom; or

e) Use seed which had been marked "unauthorized propagation prohibited" or "unauthorized seed
multiplication prohibited" or progeny thereof to propagate the novel variety; or

f) Dispense the novel variety to another, in a form which can be propagated, without notice as to being a
protected variety under which it was received; or

g) Fails to use a variety denomination the use of which is obligatory under Sec. 15; or
h) Perform any of the foregoing acts even in instances in which the novel variety is multiplied other than
sexually, except in pursuance of a valid Philippine plant patent; or

i) Instigate or actively induce performance of any foregoing acts, may be sued by the holder, who may
also avail of all such relief as are available in any proceeding involving infringements of other proprietary
rights.

Sec. 48. Where to Commence Action. - Any holder may petition the proper regional trial court for
infringement of his plant variety protection as defined in this Act.

Sec. 49. Presumption of Validity. - Certificate of Plant Variety Protection shall be presumed valid and
the burden of proof of their invalidity shall rest on the party assailing them.

Sec. 50. Defenses Against Infringement Charges. - The following shall be valid defenses against
infringement charges:

a) Non-infringement;

b) The plant variety does not possess at the time of its application criterion of novelty or distinctness;

c) The alleged infringement was performed under a right adverse to it, prior to the notice of infringement;
and/or

d) Other defenses that are made available under this Act.

Sec. 51. Notice. - No damages shall be awarded unless there is actual or constructive notice made upon
the alleged infringer.

Sec. 52. Damages. - The court may award actual, moral, exemplary damages and attorney's fees
according to a proven amount including a reasonable royalty for the use of the protected variety.

Sec. 53. Injunction. - The court may also enjoin the infringer(s) from further performing any act of
infringement on the rights of the holder(s) as defined in this Act.

Sec. 54. Court to Order Confiscation of Infringing Materials. - Upon petition by the complainant, the
court may order the confiscation of infringing materials, and:

a) Cause their distribution to charitable organization;

b) Cause the sale and provide the proceeds thereof to research organizations; or

c) Cause the return to the petitioner for further scientific use.

Sec. 55. Prescription. - No recovery of damages for any infringement case shall prosper when the cause
of action has reached more than six (6) years from the time the alleged infringement case was committed.

Sec. 56. Criminal Penalty. - Any person who violates any of the rights of the holder provided for in this
Act may also suffer the penalty of imprisonment of not less than three (3) years but not more than six (6)
years and/or a fine of up to three (3) times the profit derived by virtue of the infringement but in no case
should be less than One Hundred Thousand pesos (P100,000.00).

TITLE IX

Compulsory License

Sec. 57. Grounds for the Grant of Compulsory Licensing. - Any interested person may file a petition
for compulsory license with the Board at any time after two (2) years from the grant of the Certificate of
Plant Variety Protection under this Act when it is for the public interest to grant such compulsory license,
and:

a) The reasonable requirements of the public for any part of the variety are not met; or

b) There is an overseas market for the sale of any part of the variety and the same are not met by the
holder; or
c) The plant variety developed relates to or required in the production of medicine and/or any food
preparation.

Sec. 58. Scope of Compulsory License. - The Board, upon petition by any interested party and upon
proof of any of the foregoing grounds, may issue a decision:

a) Allowing the petitioner to produce in commercial quantity and distribute the variety protected or any
part thereof; or

b) Requiring the holder to ensure the availability of the propagating materials of the variety protected; or

c) Requiring the petitioner to pay the holder with license fees in the form of reasonable royalties; and

d) Other such additional remedies at the Board may determine to be consistent with appropriate
circumstances.

Sec. 59. Duration of the License. - A compulsory license shall be effective until the ground(s) for its
issuance has been terminated as determined by the Board motu proprio or upon petition by party or
parties and resolution by the Board.

Sec. 60. Procedure for Grant. - The Board shall provide in the rules and regulations the manner and
procedure for granting compulsory licenses.

TITLE X

Cancellation and Nullity of Plant Variety Protection

Sec. 61. Grounds for Nullity. - The Certificate of Plant Variety Protection shall be declared void ab
initio on any of the following grounds:

a) The grant of the Certificate of Plant Variety Protection was essentially based upon information and
documents furnished by the applicant, wherein the conditions of distinctness, uniformity, stability, and
newness were not complied with the time of the grant of the certificate; or

b) The Certificate of Plant Variety Protection was granted to a person who is not entitled to it, unless it is
transferred to the person who is so entitled.

The effect of the declaration of nullity is that as if the Certificate of Plant Variety Protection was not
issued.

Sec. 62. Grounds for Cancellation. - The Plant Variety Protection shall be cancelled on any of the
following grounds:

a) The breeder does not provide the required information, documents, or materials necessary for verifying
the maintenance of the variety; or

b) the breeder fails to pay the required fees to keep his or her rights in force or provides false information
in his or her application; or

c) The breeder does not propose, within the time/period provided under the regulations, another suitable
denomination if the denomination of the variety is cancelled after the grant of the Certificate of Plant
Variety Protection; or

d) The conditions of uniformity and stability could not be maintained although these were present at the
time of the issuance of the Certificate of Plant Variety Protection; or

e) The breeder entitled to the Certificate of Plant Variety Protection or the holder has relinquished his/her
rights through a declaration in a public instrument filed with the registrar.

Sec. 63. Venue. - Any petition to cancel a Certificate of Plant Variety Protection shall originally be under
the jurisdiction of the Board. Decisions of the Board may be appealable with the Court of Appeals within
fifteen (15) days from the date of notice of the Board's final decision.

Sec. 64. Prescription. - The right to cancel a Certificate of Plant Variety Protection shall be instituted at
any time within the term of protection of such right.
Sec. 65. Publication. - A notice of the filing of a petition to cancel a Certificate of Plant Variety Protection
and the final order/decision on the same shall be published in the Plant Variety Gazette at the expense of
the petitioner.

TITLE XI

Institution

Sec. 66. National Plant Variety Protection Board. - There is hereby created National Plant Variety
Protection Board which shall be composed of the following or their duly designated representatives:

a) The Secretary of the Department of Agriculture, as chairman;

b) The Secretary of the Department of Science and Technology, as co-chairman;

c) The Director-General of the Intellectual Property Office, as vice chairman;

d) The Director of the Bureau of Plant Industry;

e) The Director of the Institute of Plant Breeding of the University of the Philippines Los Baños;

f) The President of the Philippine Seed Industry Association;

g) A representative from a federation of small farmers' organizations to be nominated by the Secretary of

Agriculture;

h) A representative from the scientific community to be nominated by the National Academy of Science
and Technology; and

i) The Registrar (ex officio).

The members of the Board or their representatives must be Filipino citizens, have good moral character
and should not have been convicted of a crime involving moral turpitude.

The Board shall perform the following functions:

a) Promulgate policy guidelines for the effective implementation of the provisions of this Act;

b) Have original and exclusive appellate jurisdiction over all acts of the Registrar;

c) Have original jurisdiction over petitions for compulsory licensing, nullity and cancellation of the
Certificate of Plant Variety Protection;

d) Institutionalize database of existing plant varieties, collected from foreign and local databases, within
one (1) year from the effectivity of this act;

e) Call on resource persons to provide inputs that will be relevant in the performance of the tasks of the
Board;

f) Organize the Registrar as it sees fit;

g) Approve capital expenditure and contracts of experts; and

h) Perform all other functions as may be required in the implementation of this Act.

Sec. 67. Rules and Regulations. - For the purpose of the preceding section, the Board with
representatives from the Senate and House Committees on Agriculture, shall within six (6) months from
the effectivity of this act, prescribe rules and regulations necessary for the implementation of its functions,
or reorganize and create units therefore under its control and supervision.

Sec. 68. Fees. - The Board shall prescribe a schedule of fees to be charge against any applicant/breeder
in the course of the application for a Certificate of Plant Variety Protection or in the maintenance therefor.

Sec. 69. Coordination and Cooperation with Other Institutions. - For the purpose of verifying
certain facts such as but not limited to the requirements of stability, distinctness and uniformity, the
Board may enter into agreements with other governmental or nongovernmental institutions both domestic
and foreign under a set of conditions germane to its functions.

Further, the Board shall also designate appropriate state colleges and universities, bona fide research
institutions, or appropriate nongovernmental research centers as testing centers for the distinctness,
uniformity and stability of varieties.

Sec. 70. The PVP Fund. - There is hereby created PVP Fund, hereinafter referred to as the Fund, to be
administered by the Board. All fees, fines and charges collected by the Board under this Act, shall be
deposited in the Fund. The Board is hereby authorized to use and disburse the Fund. The Board is hereby
authorized to use and disburse the Fund without need of approval by any government agency, and subject
only to existing accounting and auditing rules and regulations for purposes of defraying the cost of
operations in the delivery of its services to the public.

Sec. 71. Gene Trust Fund. - There shall be an independent and separate trust fund established under
this Act, to be administered by the Board, for the benefit of bona fide organizations or institutions
managing and operating an accredited gene bank. An amount to be determined by the Board but not to
exceed twenty percent (20%) of the fees and charges, shall be used for the purposes of the gene trust
fund. The trust fund may also accept donations from national and international institutions and other
organizations and individuals interested in strengthening genetic conservation.

Sec. 72. Farming Communities and Bona fide Farmers' Organizations. - Farming communities
and bona fide farmers' organizations are encouraged to build an inventory of locally-bred varieties as an
option to protect these resources from misappropriation and unfair monopolization.

Sec. 73. Publication. - The Board shall maintain its own publication which shall be known as the Plant
Variety Gazettefor all the publication requirements of this Act and for other purposes which the Board may
require. Copies shall be distributed to all concerned especially to the Members of the Senate and House
Committees on Agriculture: Provided, That the Board shall distribute for free, and in the major dialect
understood by the locality, copies of the Plant Variety Gazette to small farmer groups and indigenous
communities.

Sec. 73. The Registrar. - There is hereby established a National Plant Variety Protection Registrar and
an Associate Registrar under the control and supervision of the Board. The Registrar and the Associate
Registrar shall be appointed by the President of the Philippines upon the recommendation of the Board
and shall have a term of six (6) years. However, the Registrar who shall be first appointed shall serve for
a term of seven (7) years.

The Registrar shall be a citizen of the Philippines with good moral character, proven track record in the
field of plant science, and/or extensive executive experience and capability.

Functions of the Registrar. The Registrar shall have the following functions:

a) Has original and exclusive jurisdiction to receive, process, examine all applications for Certificate of
Plant Variety Protection in accordance with this Act, and in meritorious cases, issued the said certificates
and sign them in the name of the Board;

b) Issue and maintain a systematic record of all Certificate of Plant Variety Protection and transactions
related thereto;

c) Implement the rules and regulations issued by the Board;

d) Institutionalize, maintain and continuously update a database of existing plant varieties collected from
foreign and local databases;

e) Maintain a library of scientific and other works and periodicals, both foreign and local, to aid his
examiners in the discharge of their duties;

f) Maintain samples of the propagating materials of the protected variety; and

g) Perform such other functions as may be prescribed by the Board.

TITLE XII
 Miscellaneous and Final Provisions

Sec. 75. Relation with Other Laws. - The interpretation of the provisions of this Act shall not negate
the effectivity and application of Republic Act No. 8371, otherwise known as the "Indigenous People's
Rights Act"; Republic Act No. 9147, otherwise known as the "Wildlife Resources Conservation and
Protection Act"; Presidential Decree No. 1151, otherwise known as the "Philippine Environmental Policy";
and Executive Order No. 430 and Administration Order No. 8, Series of 2002 of the Department of
Agriculture or the rules and regulations for the importation and release to the environment of plant
products derived from the use of biotechnology.

Sec. 76. Transitory Provisions. - The National Seed Industry Council, which was created by Republic
Act No. 7308 or the National Seed Industry Development Act, shall perform the functions of the Board
until the latter has been fully organized, but not later than three (3) years from the effectivity of this act.
Within the same period, the Director of the Bureau of Plant Industry shall be the Acting Registrar and the
Assistant Director of the same Bureau shall act as the Associate Registrar.

Sec. 77. Appropriations. - The Secretary of the Department of Agriculture shall immediately include in
its program and issue such rules and regulations to implement the provisions of this Act, the funding of
which shall be included in the annual General Appropriations Act.

Sec. 78. Separability Clause. - If, for any reason, any provision of this Act is declared invalid or
unconstitutional, the other parts not affected thereby shall continue to be in full force and effect.

Sec. 79. Repealing Clause. - All laws, decrees, executive orders, and rules and regulations, or parts
thereof that are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Sec. 80. Effectivity. - This Act shall take effect thirty (30) days after its complete publication in a
newspaper of general circulation.

Approved:

(Sgd) (Sgd)

JOSE DE VENECIA, JR. FRANKLIN M. DRILON

Speaker of the House of President of the Senate
Representatives

This Act which is a consolidation of Senate Bill No. 1865 and House Bill No. 4518 was finally passed by the Senate and the
House of Representatives on May 30, 2002.

(Sgd) (Sgd)

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of the Senate
House of Representatives

Approved: June 7, 2002

(Sgd)

GLORIA MACAPAGAL-
ARROYO
President of the Philippines
 Mt. Kanla-on Natural Park (MKNP) Act of 2001
Republic Act No. 9154

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila

Eleventh Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.

REPUBLIC ACT NO. 9154 August 11, 2001

AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO, LA CARLOTA, AND
SAN CARLOS AND IN THE MUNICIPALITIES OF LA CASTELLANA AND MURCIA, ALL IN THE
PROVINCE OF NEGROS OCCIDENTAL, AND IN THE CITY OF CANLAON AND MUNICIPALITY OF
VALLEHERMOSO, BOTH IN THE PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED AREA AND
A PERIPHERAL AREA AS BUFFER ZONE PROVIDING FOR ITS MANAGEMENT, AND FOR OTHER
PURPOSES

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

ARTICLE I
TITLE, POLICIES AND OBJECTIVES

Section 1. Title. - This Act shall be known as the Mt. Kanla-on Natural Park (MKNP) Act of 2001.

Sec. 2. Statement of Policy. - Considering the diversity of Mt. Kanla-on's biological resources and its
aesthetic, socio-cultural, economic and ecological importance to the Island of Negros, it is hereby declared
the policy of the State to ensure its protection and conservation including its communities of people and
their culture and way of life insofar as they are in harmony with nature. The protection and conservation
of MKNP shall be pursued through sustainable and participatory development, advancing and protecting
the interests of its legitimate inhabitants, and honoring customary laws in accordance with Republic Act
No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992, Republic Act No. 8371
or the Indigenous Peoples Rights Act (IPRA) of 1997, and international conventions to which the
Philippines is a signatory.

Section 3. Definition of Terms. - The following terms are hereby defined for purposes of this Act:

(a) "Bioprospecting" shall refer to the research, collection, and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom for scientific and/or commercial
purposes.

(b) "Commercial" shall mean involving market sale in volume or value in excess of that required to
maintain basic subsistence for workers and their dependents.

(c) "DENR" shall refer to the Department of Environment and Natural Resources.

(d) "Exotic Species" shall refer to species or subspecies that do not naturally occur within the
biogeographic region of the MKNP at present or in historical time.

(e) "Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)" shall refer to the indigenous
peoples as defined in the IPRA, specifically, the Atis and Bukidnons of the MKNP.

(f) "Natural Park" is a relatively large area not materially altered by human activity, where extractive
resource uses are not allowed, and maintained to protect outstanding natural and scenic areas of national
or international significance for scientific, educational, and recreational use.
(g) "Nongovernment Organization (NGO)" shall refer to any civic, developmental, environmental or
philantrophic non-stock, non-profit organization, duly registered, having by-laws, democratically-elected
representation, and multi-sectoral in character.

(h) "Non-Renewable Resources" shall refer to those resources found within the MKNP, the natural
replenishment rate of which is not known.

(i) "PAMB" shall refer to the Protected Area Management Board, as provided herein.

(j) "PASu" shall refer to the Protected Area Superintendent, as provided herein.

(k) "People's Organization (PO)" shall refer to any group of people formed to advance the interests of the
sector they represent.

(l) "Protected Species" shall refer to any plant or animal declared protected under Philippine laws. These
shall include all species listed under the Convention of International Trade of Endangered Species (CITES)
and all its Annexes, the Bonn Convention on Migratory Animals, those specified under the redlist
categories of the International Conservation of Nature (UCN), or any plant or animal which the PAMB may
deem necessary for conservation and preservation in the MKNP.

(m) "Tenured Migrant" shall refer to any person who has actually and continuously occupied an area of
five (5) years prior to its designation as part of a protected area and is usually dependent on that area for
subsistence.

Sec. 4. Declaration and Scope. - Pursuant to and in accordance with the NIPAS Act, Mt. Kanla-on in the
Island of Negros is hereby declared and established as a protected area under the category of a natural
park.

The boundaries of the Mt. Kanla-on Natural Park are hereby described as follows:

Any geothermal exploration for or development of energy or mineral resources within the MKNP shall not
be allowed except by an Act of Congress. Moreover, permits for geothermal activities shall be pursuant to
relevant forestry and environmental regulations: Provided, That areas within the buffer zone which shall
not be used directly for the development and utilization of geothermal energy shall remain under the
control and jurisdiction of the PAMB.

The proponent of the geothermal project shall contribute to the Integrated Protected Are Fund (IPAF) to
be established by the DENR pursuant to the NIPAS Act and pertinent DENR rules and regulations.
Moreover, the PAMB of the MKNP shall be represented in the multi-partite environmental monitoring
committee for the geothermal operation undertaken within the buffer zone subject to Presidential Decree
No. 1586 or the Environmental Impact Statement System, DENR Administrative Order 96-37, Series of
1996 (Strengthening the Implementation of the Environmental Impact Statement System), and pertinent
DENR rules and regulations.

ARTICLE II
MANAGEMENT, MANAGEMENT PLAN, AND ZONING

Sec. 6. Management of the MKNP. - The management and administration of the MKNP shall be vested
with the PAMB: Provided, That the management of zones to be established within the MKNP shall be
consultative and participatory.

Sec. 7. Local Government Units. - Local government units shall participate in the management of the
MKNP through representation in the PAMB. To allow the integration of the objectives of the MKNP with the
development plans for the Island of Negros, the local government units shall ensure that local ordinances
relating to the environment including the allocation of funds for environmental programs are consistent
with this Act and the Management Plan as herein provided.

Sec. 8. Management Plan. - In order to achieve the objectives of this Act, there shall be a Management
Plan which shall provide a long-term basic framework on the management of the MKNP, govern all
activities within the MKNP, and serve as guide in the preparation of its annual operations and budget. The
Management Plan shall identify the allowed uses for each zone. For specialized uses such as academic and
scientific purposes, consultations shall be conducted by a committee of four (4) PAMB representatives and
four (4) representatives from concerned LGUs: Provided, That the PAMB representatives shall not come
from any of the involved LGUs. The Management Plan shall be consistent with the nature of the MKNP as a
protected area under the category of a natural park.
Within one (1) year from the effectivity of this Act, the PASu shall prepare the Management Plan in
accordance with the General Management Planning Strategy as provided for in the NIPAS Act in
coordination with the appropriate officers of the DENR, local communities, and experts who may offer their
services. It shall contain, among others, the following:

(a) A period of applicability for thirty (30) years subject to periodic review every five (5) years;

(b) Key management issues;

(c) Goals and objectives of management in support of Sec. 2 hereof;

(d) Site management strategies;

(e) Zoning in accordance with Sec. 9 hereof;

(f) Management programs to include enforcement of laws, habitat and wildlife management, ecotourism,
sustainable use management, infrastructure development and maintenance, fire prevention and pest
control;

(g) Mechanisms for protection of ICCs/IPs and tenured migrants in the exercise of their rights;

(h) Sustainable and non-destructive livelihood activities;

(i) Regulations in furtherance of the preservation and conservation objectives of the MKNP as a protected
area such as the issuance of permits, resource-use restrictions, among others;

The Management Plan shall be reviewed and adopted by the PAMB and certified to by the DENR Secretary
that it conforms to all laws, rules and regulations issued by the DENR. The Management Plan shall not be
revised nor modified without prior consultation with the PAMB and must be in accordance with the
procedure herein set forth.

The Management Plan shall be periodically reviewed and shall be updated every five (5) years pursuant to
the NIPAS Act.

A year before the expiration of the current Management Plan, the PASu shall cause the publication of
notices for comments and suggestions on the successor plan in a newspaper of local circulation and the
posting of such notices in the provincial, municipal and barangay halls of the local government units
comprising the MKNP, and in three (3) other conspicuous areas frequented by the public within the MKNP.
Two public hearings on the same calendar year shall be conducted on the successor plan. The proposed
Management Plan shall be made available for public perusal at the Office of the PASu.

The Management Plan shall be prepared in English, Tagalog, Ilonggo, and Cebuano, plainly written, and
available for public persual at the office of the PASu.

Section 9. Zoning. - Zones shall be established within the MKNP giving primary consideration to its
protection and conservation. Zoning shall also take into account the tenurial and livelihood concerns of
communities to ensure the efficient protection of habitats, fragile ecosystems, and unique areas.

The establishment and management of zones must involve the community concerned by undertaking such
steps as dialogue consultations, and land and resource-use mapping with thee aid of Geographic
Information System (GIS) and the latest technologies. Zones shall be demarcated on the ground and
indicated on maps with the participation of communities, local government units, and other stockholders.

ARTICLE III
INSTITUTIONAL MECHANISMS, ROLES, AND FUNCTIONS OF MANAGEMENT

Sec. 10. Institutional Mechanisms. - (A) The PAMB shall be the policymaking body of the MKNP. It shall
be composed of:

(1) The Regional Executive Directors (RED) of DENR Regions VI and VII, with the RED of Region VI as
PAMB chair;

(2) The Governors of Negros Occidental and Negros Oriental, or their respective duly authorized regular
representatives;
(3) The mayors of municipalities and cities with territory within the MKNP, or their respective duly
authorized regular representatives;

(4) All barangay captains of barangays with territory within MKNP, or their respective duly authorized
regular representatives;

(5) Three (3) representatives from NGOs based in Negros Occidental which are accredited with the DENR
and the LGU and with tangible projects at the time of their membership in the PAMB;

(6) A PO representative chosen from among themselves for each municipality and city with territory within
the MKNP: Provided, That the POs are accredited with the DENR and the LGU and with tangible projects at
the time of their membership in the PAMB;

(7) The Provincial Planning and Development Officers (PPDO) of Negros Occidental and Negros Oriental;

(8) An ICC/IP representative for each tribal community within the MKNP; and

(9) A duly authorized representative with environmental expertise of the Philippine National Oil Company
Energy Development Corporation (PNOC EDC).

(B) There shall be an Executive Committee (Execom) within the PAMB to whom the PAMB may delegate
some of its powers and functions. It shall be composed of:

(1) The RED or DENR Region VI as chairman;

(2) The Governors of Negros Occidental and Negros Oriental, or their respective duly authorized, regular
representatives;

(3) Two (2) mayor representatives, to be chosen from among themselves, or their respective duly
authorized, regular representatives;

(4) Two (2) barangay captain representatives, one each from Negros Occidental and Negros Oriental, to
be chosen from among themselves; or their respective authorized, regular representatives;

(5) One (1) from the NGO representatives;

(6) One (1) from the PO representatives;

(7) One (1) from the ICC/IP representatives; and

(8) One (1) from the PNOC EDC.

(C) Except for government officials who shall serve ex officio, every PAMB member shall serve for a term
of five (5) years: Provided, That he/she remains connected with the sector he/she is supposed to
represent: Provided, further, That the term of office of an NGO/PO representative in the PAMB shall be
conterminous with the duration or existence of the organization's projects within the MKNP. Whenever a
vacancy occurs during the term of a nongovernment PAMB member, a new member shall be chosen in the
same manner as the original selection process: Provided, That he/she shall only serve for the remaining
term.

(D) The PAMB en banc shall hold regular meetings at least once a year. The PAMB Execom shall hold
regular meetings at least once every trimester. Special meetings may be called upon proper notice as the
need arises.

(E) PAMB members shall be entitled to reimbursement of actual travelling expenses incurred in attending
the meetings of the PAMB or its committees subject to existing accounting and budgeting rules and
regulations. These expenses shall be included in the MKNP budget.

Sec. 11. Functions of the PAMB. - The PAMB shall decide by a majority vote and shall have the following
powers and functions:

(a) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to the MKNP
pursuant to the policy declarations herein set forth;

(b) Issue all necessary permits within the MKNP in accordance with the Management Plan and pertinent
laws and DENR forestry and environmental rules and regulations;
(c) Recommend to the DENR Secretary the criteria on fees for the issuance of permits for activities
regulated by this Act or the Management Plan;

(d) Evaluate and approve project or program proposals to be implemented within the MKNP;

(e) Adopt rules of procedures for the conduct of business, including the creation of committees to whom
its powers may be delegated;

(f) Approve the Management Plan and oversee the Office of the PASu;

(g) Deputize though the PASu, interested individuals for the enforcement of the laws, rules and
regulations governing conduct within the MKNP and prescribe the necessary qualifications therefor;

(h) Accept donations, approve proposals for funding, budget allocations and exercise accountability over
all funds that may accrue to the MKNP;

(i) Coordinate with appropriate agencies of the government, such as the regulation of flight patterns of
aircraft going over the area in terms of altitudinal limits and emissions; and

(j) Retain legal counsel, either on a permanent or temporary basis, to defend cases against the PAMB, the
PASu staff and deputized individuals whenever they are used in connection with the performance of their
duties under this Act, and to assist in other PAMB legal matters.

The DENR, through the RED of Region VI, shall ensure that the PAMB acts within the scope of its powers
and functions. In case of conflict between administrative orders issued by the DENR pursuant to the NIPAS
Act and the rules and regulations or resolutions issued by the PAMB, the DENR Secretary shall decide
whether to apply the rule or withdraw its application from the MKNP.

Sec. 12. The Office of the PASu. - There shall be an Office of the Protected Areas Superintendent within
the DENR to be headed by the PASu who shall serve as the Chief Operating Officer of the MKNP. The PASu
shall possess the qualifications required for appointment to the position of Provincial Environment and
Natural Resources Officer (PENRO) in the DENR. The PASu shall be directly accountable to the PAMB and
the RED of Region VI. The PASu shall have the following powers and functions:

(a) Prepare the Management Plan as herein provided;

(b) Serve as head of the Secretariat for the PAMB with the duty to provide the PAMB with all the
information necessary for it to make appropriate decisions;

(c) Hire and supervise the necessary personnel to support operations which shall be included in the annual
budget of the DENR;

(d) Establish a productive partnership with the local community, including groups interested in the
achievement of the goals and objectives of the MKNP, and in the planning, protection and management
thereof;

(e) Develop and implement a park information, education and visitor programs;

(f) Enforce laws, rules and regulations relevant to the MKNP and assist in the prosecution of offenses;

(g) Monitor all activities within the MKNP for conformity with the Management Plan; and

(h) Perform such other functions as the PAMB may assign.

ARTICLE IV
ANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS

Sec. 13. Ancestral Lands and Domains. - The rights of ICCs/IPs in the MKNP to their ancestral lands and
domains shall be recognized subject to existing and prior property rights. Traditional property regimes
exercised by ICCs/IPs in accordance with their customary laws shall govern the relationship of all
individuals within their communities with respect to all land and other resources found within their
ancestral lands and domains.

The provisions of this Act shall be construed liberally in favor of the ICCs/IPs in accordance with the
preservation and conservation objectives of the MKNP. Nothing herein shall be construed to impair,
diminish or derogate any prior or existing right currently enjoyed by ICCs/IPs under existing laws.
Sec. 14. Tenured Migrants and Transient Farmers. - Tenured migrants are those members of households
that have actually and continuously occupied by MKNP since June 1, 1987 and are solely dependent on the
MKNP for their livelihood. For purposes of official documentation of rights and extent of occupation within
the MKNP, the tenured migrant household shall be issued a tenurial instrument over such areas as have
been occupied or cultivated but not to exceed a maximum of three (3) hectares. If despite consideration
paid to current practices, areas occupied by tenured migrants are designated as zones in which no
occupation or other activities are allowed, provisions for their transfer to multiple-use zones shall be
accomplished using humanitarian considerations.

To effectivity provide a social fence to prevent encroachment into the MKNP, the tenurial instruments to
be issued pursuant to this Act must be community-based, limited solely to multiple-use zones, promote
clustering, and comply with the zoning and Management Plans, as provided herein.

In no case shall the tenurial instruments or the rights and interests therein be transferred, sold, leased,
encumbered, or made as a collateral, security or joint venture capital, otherwise it shall be void: Provided,
That said rights can only be transferred to direct descendants.

Any violation of the terms and conditions of the tenurial instruments or any provision of this Act or
abandonment by a tenured migrant shall constitute sufficient ground for he revocation of his/her tenurial
right.

Upon cancellation of a tenured migrant instrument for cause or by voluntary surrender of rights, the PASu
shall take immediate steps to rehabilitate the area in order to return it to its natural state prior to the
cultivation or other act by the tenured migrant.

Occupants who do not qualify as tenured migrants but have been occupying areas of the park prior to the
enactment of this Act shall be relocated to the multiple-use areas or available alienable and disposable (A
and D) lands of the public domain that are proximal to their original abode. Occupants who shall be
relocated within the multiple-use zones shall quality for usufruct use while those relocated to A and D
areas may apply for ownership titles. Park occupants shall be given priority in the government's relocation
programs.

ARTICLE V
PROHIBITED ACTS

Sec. 15. Prohibited Acts. - The following shall be the prohibitions and penalties applicable within the
MKNP:

(A) A fine of not less than Five thousand pesos (P5,000.00) but not more than Five hundred thousand
pesos (P500,000.00) and imprisonment of not less than six (6) years and one (1) day but not more than
twelve (12) years shall be imposed upon any person who:

(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within the MKNP any wild plant or
animal or product derived therefrom without prior PAMB permit.

(2) Possesses without a permit from PAMB any wild plant or animal or product derived therefrom outside
the MKNP or any zone of MKNP where the specie is not endemic.

(3) Cuts, gathers, collects or removes timber or other forest products as well as undertakes any activity
not compatible with the use of the respective zones within the MKNP without prior PAMB permit: Provided,
That any permit issued shall be valid for only (1) month from the date of issue either to tenured migrants
within sustainable monitored and controlled quotas or for scientific purposes necessary for protected area
management in accordance with existing guidelines, and outside the strict protection zones.

(4) Establishes or introduces exotic species within the MKNP with allelopathic effect or those detrimental
to endemic species, or without prior PAMB permit.

(5) Engages in kaingin or in any activity that causes forest fire inside the MKNP.

(B) A fine of not less than Five thousand pesos (P5,000.00) but not more than Two hundred fifty thousand
pesos (P250,000.00) and/or imprisonment of not less than six (6) months but no more than six (6) years
and the restoration and rehabilitation of the damage shall be imposed upon any person who:

(1) Violates the Management Plan, or any resolution issued by the PAMB.
(2) Vandalizes, mutilates, transports, destroys, excavates, or in any manner intentionally damages any
natural formation or object of natural beauty inside the MKNP, or the burial or religious sites including
artifacts and other objects belonging to ICCs/IPs.

(3) Dumps, burns or otherwise disposes of any substance deleterious to the ecosystem, plants and
animals, or human inhabitants in the protected area or committing the same in buffer and multiple use
areas without appropriate authority or permit.

(4) Uses or possesses a motorized equipment anywhere within the Strict Protection Zone of the MKNP
without a prior permit from the PAMB.

(5) Uses or possesses chainsaws and band saws without prior PAMB permit; Provided, That permits may
only be issued for multiple-use zones.

(6) Grazing or raising of poultry and other livestock for commercial purpose within the MKNP: Provided,
that existing grazing or poultry and other livestock farms within the MKNP shall be phased out within five
(5) years.

(7) Damaging or leaving roads and trails in damaged condition.

(8) Occupies any portion of land inside the MKNP without a prior PAMB permit. Clearing, construction of
residence or any introduction of improvements shall constitute prima facie evidence of occupation or
settlement.

(9) Altering, removing, destroying or defacing boundaries, marks or signs.

(10) Constructs and maintains a building, edifice or any kind of structure or conducts any business
enterprise within the MKNP without prior PAMB permit.

(11) Enters he MKNP without prior PAMB permit for purposes of trekking, mountain climbing, camping,
spelunking, and the like.

(12) Conducts bioprospecting within the MKNP without prior PAMB permit in violation of existing
guidelines.

(13) Engages in treasure hunting within the MKNP.

(C) A fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred
thousand pesos (P500,000.00) and/or imprisonment of not less than six (6) months but not more than six
(6) years shall be imposed upon any public officer, or officer of law, who, in dereliction of the duties of his
office shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or
shall tolerate the commission of offenses. Conviction of this offense shall also carry the penalty of
perpetual disqualification from public office.

(D) Any provision to the contrary notwithstanding, the commission of any unlawful act enumerated under
Sec. 15(A) herein shall carry the penalty of imprisonment of not less than twelve (12) years and one (1)
day but not more than twenty (20) years and a fine or not less than Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) in addition to the accessory penalties provided in the
immediately succeeding paragraph, in case the species involved is a protected species as defined herein.
Furthermore any citizen may institute the necessary charge against the offender for commission of the
acts enumerated under Sec. 15(A) involving protected species.

(E) A conviction under this Sec. shall likewise carry the penalty of eviction from the MKNP, payment of
damages for rehabilitation and restoration, and the forfeiture of all equipment, device weapon/s used in
the commission of the offense as well as the protected area resources caught in the possession of the
accused. In case the offender is not a citizen of the Philippines, he/she shall be immediately deported to
his/her country of origin after service of his/her sentence. If the offender is an association or corporation,
the president or manager shall be directly responsible for the act of his/her employees and laborers.

(F) The PASu or his/her duly deputized personnel may arrest even without a warrant any person who has
committed or is committing in his/her presence any of the offenses defined in this Sec. . He/she may also
seize and confiscate in favor of the Government, the tools and equipment used in committing the offense
and the resources caught in the possession of the offender and file the necessary charges therefor:
Provided, That the DENR may impose administrative fines and penalties in accordance with law.

(G) In case of conviction, the penalty consisting of fines and damages shall directly accrue to the IPAF as
provided therein.
Sec. 16. Special Prosecutors. - Within thirty (30) days from the effectivity of this Act, the Department of
Justice shall designate a special prosecutor to whom all cases of violation of laws, rules and regulations in
the MKNP shall be assigned. Such special prosecutor shall coordinate with the PAMB and the PASu in the
performance of his/her duties and assist in the training of wardens and rangers in arrest and criminal
procedure.

ARTICLE VI
PROCEEDS AND FEES

Sec. 17. Integrated Protected Areas Fund. - There is hereby established a trust fund to be known as the
Integrated Protected Areas Fund (IPAF) for purposes of financing projects of the system. All incomes
generated from the operation of the system or management of wild flora and fauna in the MKNP shall
accrue to the Fund. These income shall be derived from proceeds from fees from permitted sale and
export of flora and fauna and other resources from the protected area and its buffer zones other than
protected species as may be set by the DENR and the PAMB, proceeds from lease of multiple-use areas,
contributions from industries and facilities directly benefiting from the protected area and such other fees
and incomes derived from the operation of the protected area.

The Fund may be augmented by grants, donations, endowments from various sources, domestic or foreign
for purposes related to their functions: Provided, That the Fund shall be deposited as a special account in
the national treasury and disbursements therefrom shall be made solely for the protection, maintenance
administration, and management of the system, and duly approved projects endorsed by the PAMB in
accordance with existing accounting and budgeting rules and regulations; Provided, further, That no
amount shall be disbursed for the operating expenses of the Department and other concerned agencies.

Current sources of revenue of the local government units shall excluded from the IPAF.

The PAMB shall have the power to disburse the IPAF. Twenty-five per cent (25%) of the IPAF shall be for
the use of the national government for the support of the National Integrated Protected Areas System:
Provided, That twenty-five per cent (25%) thereof shall be allocated to the local government units
comprising the MKNP.

ARTICLE VII
EXISTING FACILITIES

Sec. 18. Existing Facilities within the MKNP. - Within ninety (90) days from the effectivity of this Act, all
commercial facilities existing within the boundaries of the MKNP with a total capitalization of not less than
One hundred thousand pesos (P100,000.00) shall submit to the PAMB through the PASu a sworn
statement containing the following information:

(a) Potential for disbursement of protected species and other habitats, reproductive cycles, nesting and
feeding grounds and migratory paths;

(b) Noise levels at all stages of operation;

(c) Emissions and effluent at all stages of operation;

(d) Energy requirements and sources of energy;

(e) Water supply requirements and sources of water;

(f) Volume of resources extracted from the MKNP;

(g) Future plans for the next five (5) years.

Based on these submissions, the PAMB, with the assistance of the DENR, shall determine whether the
existence of such facility and its future plan and operation will be detrimental to the MKNP.

Failure to submit the required information shall constitute a violation of this Act and subject to the
penalties imposed under Sec. 15(B) hereof. The PAMB may prescribe further conditions for the operation
of the facility to ensure that it does not contradict the management objectives of the MKNP. Without
prejudice to the filing of the necessary case under Sec. 15(B) hereof, if any of such conditions is violated,
an administrative fine of Five thousand pesos (P5,000.00) for every day of violation shall be imposed upon
the owners of said facility but not to exceed a total of Five hundred thousand pesos (P500,000.00). At
anytime whenever necessary, the PAMB, through the PASu or other government entities, shall cause the
cessation and demolition of the facility at the cost of its owners.

Existing facilities that rely heavily on resources within the MKNP which are allowed to remain within the
MKNP may be charged reasonable fees or subject to reasonable conditions by the PAMB. All incomes
derived from such fees shall accrue to the IPAF.

ARTICLE VIII
UTILIZATION OF RESOURCES

Sec. 19. Utilization of Resources. - Except for protected species or whenever detrimental to the
ecosystem, use of resources derived from the MKNP by tenured migrants and ICCs/IPs for their domestic
needs or for their subsistence shall not be restricted.

Livelihood activities requiring the use of resources derived from the MKNP shall be allowed only when
sustainable consistent with the Management Plan and only upon prior PAMB approval. Only non-timber
products can be used for livelihood purposes.

No exploration, exploitation or utilization of non-renewable resources within the MKNP for commercial
purposes or by non-tenured migrants or non-ICCs/IPs shall be allowed. Commercial utilization of
resources by tenured migrants and ICCs/IPs shall be allowed only upon prior PAMB approval and in
accordance with the Management Plan.

Commercial exploitation of water resources within the MKNP shall require prior PAMB approval, must be in
accordance with the Management Plan and should undergo the Environmental Impact Statement (EIS)
System.

ARTICLE X
TRANSITORY AND MISCELLANEOUS PROVISIONS

Sec. 20. Appropriations. - The Secretary of the DENR shall include in its program the implementation to
this Act, the funding of which shall be charged against the Integrated Protected Areas Fund authorized
under Sec. 17 hereof and from the appropriations authorized under the annual General Appropriations Act.

Sec. 21. Construction. - The provisions of this Act shall be construed liberally in favor of tenured migrants
and ICCs/IPs and with due consideration to the protection of biodiversity. The NIPAS Act shall be
suppletory in the implementation of this Act.

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

Sec. 23. Transitory Provisions. - Pending the organization of a new PAMB in accordance with this Act, the
incumbent PAMB members shall continue to hold office until the new PAMB has been convened within
three (3) months from the effectivity of this Act. The current staff comprising the PASu Office shall be
retained in the Office of the PASu created herein.

Within three (3) months from the effectivity of this Act, the DENR in coordination with the PAMB, the
Committee on Natural Resources of the House of Representatives, the Senate Committee on Environment
and Natural Resources, and the concerned district representatives or their representatives shall undertake
the preparation of the Implementing Rules and Regulations of this Act.

Sec. 24. Repealing Clause. - All laws, proclamations, rules and regulations inconsistent with this Act are
hereby repealed or modified accordingly.

Section 25. Effectivity Clause. - This Act shall be translated in English, Filipino, Cebuano, and Ilonggo and
shall be published once every week for three (3) executive weeks in a newspaper of general circulation
which is readily available in the areas in and around the MKNP. This Act shall likewise be simultaneously
posted in the appropriate language in a conspicuous place in the provincial, municipal and barangay halls
within the area as well as in three (3) other places frequented by the public. Fifteen (15) days after the
last publication and posting, this Act shall have full force and effect.
Approved:

(Sgd) (Sgd)
AQUILINO Q. PIMENTEL JR. FELICIANO BELMONTE JR.
President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 12880 and Senate Bill No. 2248 was finally
passed by the House of Representatives and the Senate on June 6, 2001.

(Sgd) (Sgd)
LUTGARDO B. BARBO ROBERTO P. NAZARENO
Secretary of the Senate Secretary General House of Representatives

Approved:

(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines
 Wildlife Resources Conservation and Protection Act
Republic Act No. 9147

Congress of the Philippines

Eleventh Congress

REPUBLIC ACT NO. 9147

July 30, 2001

AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND
THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

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

Sec. 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.

Sec. 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of
Agriculture. The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all
terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited
to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR
and the DA shall review, and by joint administrative order, revise and regularly update the list of species
under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to
the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

CHAPTER II
DEFINITION OF TERMS

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

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

(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in
processed form. This includes stuffed animals and herbarium specimens;
(c) "Captive-breeding/culture or propagation" means the process of producing individuals under controlled
conditions or with human interventions;

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

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

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

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

(h) "Endangered species" refers to species or subspecies that is not critically endangered but whose
survival in the wild is unlikely if the causal factors continue operating;

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

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

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

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

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

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

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

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

(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous
imported wildlife;

(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural
Resources and the Secretary of the Department of Agriculture;

(s) "Threatened species" a general term to denote species or subspecies considered as critically
endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of
extinction;

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

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

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

(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor endangered
but is under threat from adverse factors throughout their range and is likely to move to the endangered
category in the near future;
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including
those which are in captivity or are being bred or propagated;

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

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

CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES

ARTICLE ONE
General Provision

Sec. 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.

Sec. 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Sec. 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 Sec. 23 of this Act shall govern the collection of
threatened species.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. - The introduction,
reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population
enhancement of recovery purposes subject to prior clearance from the Secretary of the authorized
representative pursuant to Sec. 6 of this Act. Any proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The proponent shall also conduct public consultations with
concerned individuals or entities.

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

In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus
on the bioecology, socioeconomic and related aspects of the area where the species will be introduced.
The proponent shall also be required to secure the prior informed consent from the local stakeholders.
Sec. 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.

Sec. 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 Sec. 14 shall likewise apply.

Sec. 16. Biosafety - All activities dealing on genetic engineering and pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction, field release and breeding of
organisms that are potentially harmful to man and the environment shall be reviewed in accordance with
the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their
habitats.

Sec. 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
Sec. 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.

Sec. 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.

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

To provide advice to the management authorities, there shall be designated scientific authorities for
terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the
Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological
Sciences and the National Museum and other agencies as may be designated by the Secretary. For the
marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Siliman University and the National Museum and other agencies as may be designated by
the Secretary: Provided, That in the case of terrestrial species, the ERDB shall chair the scientific
authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the
scientific authorities.

Sec. 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.

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

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

ARTICLE TWO
Protection of Threatened Species

Sec. 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.

Sec. 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 Sec. 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.

Sec. 24. Conservation Breeding or Propagation of Threatened Species Conservation breeding or

propagation of threatened species shall be encouraged in order to enhance its population in its natural
habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the
captive-bred or propagated species shall be released, reintroduced or restocked.

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

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

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

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

Section 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity of this Act,
The Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586, where
threatened species are found. Such designation shall be made on the basis of the best scientific data
taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to
the survival of wildlife living in the area, among others.

All designated, critical habitats shall be protected, in coordination with the local government units and
other concerned groups, from any form of exploitation or destruction which may be detrimental to the
survival of the threatened species dependent therein. For such purpose, the Secretary may acquire, by
purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct,
establishment of easements or other undertakings appropriate in protecting the critical habitat.

ARTICLE THREE
Registration of Threatened and Exotic Species

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

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

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

CHAPTER IV
ILLEGAL ACTS

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

(a) killing and destroying wildlife species, except in the following instances;

(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;

(ii) when the wildlife is afflicted with an incurable communicable disease;

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

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

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

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

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

(i) dumping of waste products detrimental to wildlife;

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

(iii) mineral exploration and/or extraction;

(iv) burning;

(v) logging; and

(vi) quarrying

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

(e) trading of wildlife;

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

(g) gathering or destroying of active nests, nest trees, host plants and the like;

(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and

(i) transporting of wildlife.

CHAPTER V
FINES AND PENALTIES

Sec. 28. Penalties for Violations of this Act. For any person who undertakes illegal acts under paragraph
(a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the
following penalties and/or fines shall be imposed;

(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One
hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00), if inflicted or undertaken
against species listed as critical;

(b) imprisonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty thousand pesos
(P50,000.00) to Five hundred thousand pesos (P500,000.00) if inflicted or undertaken against endangered
species;

(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos
(P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against
vulnerable species;

(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand
pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or undertaken against other
threatened species; and

(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos
(P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against other
wildlife species.

For illegal acts under paragraph (b) of the immediately preceding section, the following penalties and/or
fines shall be imposed;
(a) imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty
thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken
against species listed as critical;

(b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand
pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against
endangered species;

(c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand
pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against
vulnerable species;

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

(e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to
Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of
one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos
(P5,000,000.00) shall be imposed.

For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed:

(a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos
(P5,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species
listed as critical;

(b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos
(P2,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered
species;

(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos
(P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable
species;

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

(e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to
Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species.

For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the following penalties
and/or fines shall be imposed:

(a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos
(P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species
listed as critical;

(b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against
endangered species;

(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos
(P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable
species;

(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos
(P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species as other
threatened species; and
(e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Provided, That in
case of paragraph (f), where the acts were perpetuated through the means of inappropriate techniques
and devices, the maximum penalty herein provided shall be imposed.

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

(a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos
(P50,000.00) to One hundred thousand pesos (P100,000.00) if inflicted or undertaken against species
listed as critical species;

(b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand
pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against endangered
species;

(c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos
(P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vulnerable species;

(d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00), if inflicted or undertaken against species listed as other threatened species;

(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One
thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife species.

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

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

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

CHAPTER VI
MISCELLANEOUS PROVISIONS

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

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

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

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

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

Sec. 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife traffic
monitoring units in strategic air and seaports all over the country to ensure the strict compliance and
effective implementation of all existing wildlife laws, rules and regulations, including pertinent
international agreements.

Customs officers and/or other authorized government representatives assigned at air or seaports who may
have intercepted wildlife commodities in the discharge of their official functions shall, prior to further
disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in the area.

Sec. 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or financial aid which may
be made to the Department of Environment and Natural Resources or to the Department of Agriculture
and to NGOs engaged in wildlife conservation duly registered with the Securities and Exchange
Commission as certified by the local government unit, the Department of Environment and Natural
Resources or the Department of Agriculture, for the conservation and protection of wildlife resources and
their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be
exempt from donor's tax.

Sec. 35. Flagship Species. Local government units shall initiate conservation measures for endemic
species in their areas. For this purpose, they may adopt flagship species such as the Cebu black shama
(copsychus cebuensis), tamaraw (bubalus mindorensis), Philippine tarsier (tarsius syrichta), Philippine
teak (tectona philippinensis), which shall serve as emblems of conservation for the local government
concerned.

Sec. 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The Secretary shall
regulate the establishment, operation and maintenance of botanical gardens, zoological parks and other
similar establishments for recreation, education and conservation.

Sec. 37. Implementing Rules and Regulations. - Within twelve (12) months following the effectivity of this
Act, secretaries of the Department of Environment and Natural Resources and the Department of
Agriculture, in coordination with the Committees on Environment and Ecology of the Senate and the
House of Representatives, respectively, shall promulgate respective rules and regulations for the effective
implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of
rules and regulations on joint and inseparable issues shall be done by both Departments. The
commitments of the State to international agreements and protocols shall likewise be a consideration in
the implementation of this Act.

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

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

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

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

Approved:

(Sgd)
AQUILINO Q. PIMENTEL JR.
President of the Senate

(Sgd)

FELICIANO BELMONTE JR.

Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 10622 and Senate Bill No. 2128 was finally passed by
the House of Representatives and the Senate on February 8, 2001 and March 20, 2001, respectively.

(Sgd)

LUTGARDO B. BARBO
Secretary of the Senate

(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

Approved: July 30, 2001

(Sgd)

GLORIA MACAPAGAL-ARROYO
President of the Philippines
 NATIONAL CAVE RESOURCES MANAGEMENT AND
PROTECTION ACT - CHAN ROBLES VIRTUAL LAW LIBRARY

REPUBLIC ACT NO. 9072

(National Caves and Cave Resources Management and Protection Act)

AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND

FOR OTHER PURPOSES.

SECTION 1. Title. - This Act shall be known as the "National Caves and Cave
Resources Management and Protection Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

conserve, protect and manage caves and cave resources as part of the country's
natural wealth. Towards this end, the State shall strengthen cooperation and
exchange of information between governmental authorities and people who utilize
caves and cave resources for scientific, educational, recreational, tourism and
other purposes.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
be defined as follows:

a) "Cave" means any naturally occurring void, cavity, recess or system of

interconnected passages beneath the surface of the earth or within a cliff or
ledge and which is large enough to permit an individual to enter, whether or
not the entrance, located either in private or public land, is naturally
formed or man made. It shall include any natural pit, sinkhole or other
feature which is an extension of the entrance. The term also includes cave
resources therein, but not any vug, mine tunnel, aqueduct or other
manmade excavation.
b) "Cave resources" includes any material or substance occurring
naturally in caves, such as animal life, plant life, including paleontological
and archaeological deposits, cultural artifacts or products of human
activities, sediments, minerals, speleogems and speleothems.

c) "Secretary" means the Secretary of the Department of Environment

and Natural Resources (DENR)

d) "Speleogem" means relief features on the walls, ceilings and floor of

any cave or lava tube which are part of the surrounding bedrock,
including but not limited to anastomoses, scallops, meander niches,
petromorphs and rock pendants in solution caves and similar features
unique to volcanic caves.

e) "Speleothem" means any natural mineral formation or deposit

occurring in a cave or lava tube, including but not limited to any
stalactite, stalagmite, helictite, cave flower, flowstone, concretion,
 drapery, rimstone or formation of clay or mud.

f) "Significant Cave" refers to a cave which contains materials or

possesses features that have archaeological, cultural, ecological,
historical or scientific value as determined by the DENR in coordination
with the scientific community and the academe.

Sec. 4. Implementing Agency. - The DENR shall be the lead agency tasked to
implement the provisions of this Act in coordination with the Department of
Tourism (DOT), the National Museum, the National Historical Institute and
concerned local government units (LGUs) for specific caves, except that in the
Province of Palawan, the Palawan Council for Sustainable Development shall be
the lead implementing agency pursuant to Republic Act No. 7611 or the Strategic
Environmental Plan for Palawan Act.

Sec. 5. Powers and Functions of the Department of Environment and

Natural Resources (DENR) - In the implementation of this Act, the DENR shall
exercise the following powers and functions:

(a) Formulate, develop and implement a national program for the

management, protection and conservation of caves and cave resources;

(b) Disseminate information and conduct educational campaign on the need

to conserve, protect and manage our caves and cave resources;

(c) Issue permits for the collection and removal of guano and other cave
resources which shall be determined in coordination with the DOT,
National Museum, concerned LGUs, the scientific community and the
academe, with regard to specific caves taking into consideration bio-
diversity as well as the aesthethic and archaeological value of the
cave: Provided, that the permittee shall be required to post a bond to
ensure compliance with the provisions of any permit: Provided,
further, that any permit issued under this Section shall be revoked by
the Secretary when the permittee violates any provision of this Act or
fails to comply with any other condition upon which the permit was
issued: Provided furthermore, That the Secretary cannot issue permits
for the removal of stalactites and stalagmites, and when it is
established that the removal of the resources will adversely affect the
value of a significant cave: Provided, finally, That caves located within a
protected area shall be subjected to the provisions of Republic Act No.
7586 or the National Integrated Protected Area System Act of 1992;

(d) Call on any local government unit, bureau, agency, state university or
college and other instrumentalities of the government for assistance as
the need arises in the discharge of its functions;

(e) Enter into a memorandum of agreement with any local government unit
(LGU) for the preservation, development and management of cave or
caves located in their respective territorial jurisdiction;
 (f) Tap the cooperation of people's and non-governmental organizations as
active partners in the conservations and protection of our caves and
cave resources; and

(g) Exercise other powers and perform other functions as may be necessary
to implement the provisions of this Act.

Sec. 6. Information Concerning the Nature and Location of Significant

Caves - Information concerning the nature and specific location of a potentially
significant cave shall not be made available to the public within one (1) year after
its discovery by the DENR, during which time the DENR in coordination with the
DOT, the National Museum, the National Historical Institute, concerned LGUs the
scientific community and the academe shall assess its archaeological, cultural,
ecological, historical and scientific value, unless a written request is made and
the Secretary determines that disclosure of such information will further the
purpose of this Act and will not create a substantial risk of harm, theft or
destruction on such cave.

The written request shall contain, among others, the following: cralaw

(a) a description of the geographic site for which the information is sought;
(b) an explanation of the purpose for which the information is sought;
(c) an assurance or undertaking satisfactory to the Secretary that
adequate measures are to be taken to protect the confidentiality of such
information and to ensure the protection of the cave from destruction by
vandalism and unauthorized use.

Sec. 7. Prohibited Acts. - The following shall be considered Prohibited Acts: cr

alaw

(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or

harming the speleogem or speleothem of any cave or altering the free
movement of any animal or plant life into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or
exchanging or offering for sale without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to
violate any provisions of this Section.

Sec. 8. Penalties. - Any person found guilty of any of the offenses enumerated
under Section 7 hereof shall be punished by imprisonment from two (2) years to
six (6) years or a fine ranging from Twenty thousand pesos (P20,000) to five
hundred thousand pesos (P500,000.00) or both at the discretion of the
Court: Provided, That the person furnishing the capital to accomplish the acts
punishable herein shall be punished by imprisonment from six (6) years and one
(1) day to eight (8) years or by a fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) or both at the Discretion of
the Court:Provided, further, That if the area requires rehabilitation or restoration
as determined by the Court, the offender shall also be required to restore the
same, whenever practicable or compensate for the damage: Provided finally that if
the offender is a government employee, he or she shall likewise be removed from
office.

Sec. 9. Administrative Confiscation and Conveyance. - The Secretary shall

order the confiscation, in favor of the Government of the cave resources gathered,
collected, removed, possessed or sold including the conveyance and equipment
used in violation of Section 7 hereof.

Sec. 10. Fees. - Any money collected by the DENR as permit fees for collection
and removal of cave resources, as a result of the forfeiture of a bond or other
security by a permittee who does not comply with the requirements of such
permit issued under this Act or by way of fines for violations of this Act shall be
remitted to the National Treasury.

Sec. 11. Implementing Rules and Regulations. - The DENR shall, within six (6)
months from the effectivity of this Act, issue rules and regulations necessary to
implement the the provisions hereof.

Sec. 12. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following
its enactment into law and thereafter.

Sec. 13. Separability Clause. - If any provisions of this Act is subsequently

declared unconstitutional, the remaining provisions shall remain in full force and
effect.

Sec. 14. Repealing Clause. - Presidential Decree No. 1726 - A is hereby

modified. Treasure hunting in caves shall be governed by the provisions of this
Act.

Except Presidential Decree No. 412 and Republic Act No. 4846, all other laws,
decrees, orders and regulations or parts thereof which are inconsistent with any
of the provisions of this Act are hereby repealed or amended accordingly.

Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved: April 08, 2001