A Shifting Landscape
A Shifting Landscape
A Shifting Landscape
2020 December
KEY MESSAGES
• Senate Bills 2078 (Villar) and 2079 (Zubiri) on the Recognizing its scale and impact on biodiversity and
Revised Wildlife Resources Conservation and Protection
Act of 2021 have been filed. The Senate Bills feature sustainable development, the Philippine government has
amendments related to enforcement, penalties, and passed legislation, created inter-agency groups to combat
wildlife trafficking as a distinct and separate offense, and wildlife trafficking, organized capacity-building activities across
also noted the link between IWT and pandemics. Similar
the law enforcement chain, and initiated awareness campaigns.
bills are pending in the House of Representatives.
Almost 20 years after the Republic
Act 9147 or the Wildlife Resources
Senators Villar and Zubiri filed Senate Bills 2078 and 2079, respectively, on the
Revised Wildlife Resources Conservation and Protection Act of 2021.
A chronology of Philippine Wildlife Legislation
Conservation and Protection Act
of 2001 (hereinafter referred to This Policy Brief looks at the chronological development of the country’s wildlife
as the Wildlife Act) took effect legislation in the last century, summarizes the report on the review of RA 9147 The Philippine wildlife legislation has come a long way in the last century, from protecting mostly
in the Philippines, the wildlife law initiated by the DENR – Biodiversity Management Bureau (BMB) in 2017, and game animals to protecting all wildlife species regardless of location, conservation status, and origin.
enforcement community witnessed provides policymakers and advocates with the salient features of the proposed The following chronology highlights important legislative milestones in wildlife conservation and
an evolution of wildlife crimes Senate Bills, entitled “Revised Wildlife Resources Conservation and Protection protection.
exacerbated by globalization. Act of 2021,” which seek to close legal loopholes in the 20-year old law.
Open borders and better transport
infrastructure permitted access
of IWT syndicates to previously
remote areas, while the Internet
An Act to Protectgave
Wild
unprecedented access to new
Flowers markets.
and Plants in the The ENIPAS Act brought the total number of
Philippine Islands and protected areas to 244, covering 7.76 million
to Prescribe Conditions hectares, composed of 107 legislated, 13
under which they may be proclaimed, and 24 remaining initial
In recent years, concerns were
Collected, Kept, Sold, components. These figures represent the
raised on the increasing incidents
Exported,and
Purposes
for Other country’s terrestrial and territorial waters
that are considered the most critical areas for
of apprehensions of well-equipped, 1932 wildlife conservation and protection.
2 / Co n text / 3
Despite a more stringent legal and regulatory
framework and the country’s compliance with
wildlife-related treaties, the illegal wildlife
trade continues at an alarming pace.
Gains and Gaps might not necessarily result in killing, but nonetheless are
detrimental to wildlife. Most of these noteworthy additions
Relative Increase in Fines and Penalties
in Conservation have no equivalent in previously existing laws. These Some of the penalties provided in the Wildlife Act are much Prompted by the fast-evolving nature of wildlife
crimes, the DENR - BMB initiated a review of the
include: (1) the prohibition to inflict injury that impairs higher when compared with the other laws, ranging from
and Protection the reproductive system; (2) unauthorized introduction five days to twelve years of imprisonment and/or P200.00
Wildlife Act in 2017, seeking to take stock of its
implementation. Some of the gaps in policy and
and reintroduction of wildlife resources; (3) gathering of to P1,000,000.00. implementation include the following:
active nest, host plants, and the like; and (4) maltreating or
RA 9147 or the Wildlife Act is a groundbreaking law in the effecting other injuries.
history of the Philippine wildlife legislation, strengthening Designated and Authorized the Creation of • No measures to address the growing threat of IAS.
the policy environment of the State to manage, protect, and
Administrative Structures Responsible for
conserve the country’s wildlife resources and their habitats.
Implementation
• No mention of “by-products and derivatives”
in the illegal acts, such as “trading of wildlife” and
The law expanded coverage of legal protection to all Table 1. Comparison of Fines and Penalties Imposed “transporting of wildlife.”
wildlife and empowered relevant agencies to regulate more through Various Wildlife Legislations The jurisdiction of the DENR, the Department of
effectively by providing mandates and clear basis for their
Agriculture (DA), and the Palawan Council for Sustainable • Penalties do not serve as a sufficient deterrent.
respective regulatory and enforcement functions.
LAW MINIMUM MAXIMUM
Development (PCSD) is clear-cut and the roles and
functions of each are well-defined. The DENR has
• Penalties do not correspond to the gravity of
PENALTY PENALTY each offense.
jurisdiction over all terrestrial species, all marine and
Expanded Coverage of Legal Protection for Act No. 2590 Fine of 100 pesos Fine of 100 pesos freshwater turtles, tortoises, all wetland species, crocodiles, • Enforcement powers are generally weak and
Philippine Wildlife amphibians, and dugongs. The DA has jurisdiction over lacking detail in the legislation.
Act No. 3983 Fine not less than 10 Fine of not more
declared aquatic critical habitats, all aquatic resources
Compared with previous wildlife legislations, the Wildlife pesos than 200 pesos or
including all fishes, aquatic plants, invertebrates, and • Ambiguities or vague language in the penal
imprisonment of not provisions.
Act is more comprehensive as it covers all wildlife species, all marine mammals, except dugongs. The PCSD has
more than 30 days
including those exotic species which are traded, maintained,
or propagated in the country.
or both jurisdiction over all species of wildlife found in the Province • Resources for enforcement operations are scant
of Palawan, whether terrestrial or marine. compared with the number of possible violations.
PD 1219 Imprisonment of not Imprisonment of
less than 60 days not less than 6 years • Proper operation of designated Wildlife Rescue
or a fine of not more Centers is challenging due to limited space,
Clear Basis for Regulating Wildlife-Related than 6,000.00 pesos Authorization to Establish National personnel, and funding support.
Activities by Agencies Wildlife Research and Rescue Centers in
PD 705 Fine of not less than Fine of 20,000.00
Support of Wildlife Management and Policy • Implementation of the Wildlife Act can be
The collection, possession, transport, export, and other 500 pesos pesos heightened by revising and incorporating new
Implementation provisions to enhance and clarify the law, and by
relevant undertakings related to the use, propagation,
Not less than 100 raising public awareness.
maintenance, and disposition of wildlife, are identified, pesos and denial of The full and effective implementation of any policy often
defined, and regulated by the Wildlife Act. Responsible permit for 3 years requires not only administrative but physical infrastructure.
agencies/structures are adequately designated and identified.
The Wildlife Act authorizes the establishment of National
RA 9147 Fine of 200 pesos or Fine of 1,000,000.00
Wildlife Research and Rescue Centers in support of wildlife
(Wildlife Act) imprisonment of 5 or imprisonment of
days 12 years management and policy implementation.
Expanded List of Prohibited Acts Detrimental
to Wildlife RA 11038 Fine of 200,000.00 Fine of 5,000,000.00
(ENIPAS Act) pesos and pesos and
Unlike precursor legislations, prohibitions under the Wildlife imprisonment of 1 imprisonment of not
year more than 12 years
Act are not limited to killing or taking but include acts that
4 / G a i ns and Ga p s / 5
The DENR – BMB initiated to amend the Wildlife Act in 2017 with the
aim of effectively preventing and deterring IWT through clear and more
comprehensive provisions and imposition of stronger penalties.
6 / P o l i c y R ecomme n dat i o n s / 7
The passage of any legislation is only
the beginning of a long process of
attaining the objectives which the
law seeks to achieve.
Establishment of Forensic Laboratories Recalibrated Penalties for Trading, Provides for Separate Offense if the Violation Involves
Possession, and Transport of Wildlife More than One Species
In addition to the establishment of National Wildlife LOOKING AHEAD
Research and Rescue Centers, forensic laboratories may Penalties for trading, possession, and transport of wildlife In cases where more than one wildlife species is collected, hunted,
also be established or designated for the conduct of can be as high as eight years of imprisonment and/or fines possessed, transported, or otherwise involved in connection
forensic analyses and other related capabilities for wildlife
law enforcement. In this regard, partnerships with experts
of up to P1,000,000. with the violation of this Act, each wildlife species involved shall
constitute a separate and distinct count of violation of this Act.
• The amendment to the Wildlife
Act, coupled with strong and consistent
from academic and research institutions and the private Compared to RA 9147, the draft bill recalibrates the environmental law enforcement, can be an
sector shall be established. penalties with the highest imposable penalties as follows: Each separate distinct count of violation shall be prosecuted and effective strategy in propelling the advocacy
penalized separately, regardless of intent, unity or connections of for wildlife conservation and protection.
the acts resulting into the violation.
• Features must be added to enable the
law to respond and adjust to changing
Table 2. Recalibrated Penalties for Trading, Possession, and Transport of Wildlife Imposition of Maximum Penalty realities brought about by the advancement
of technology and continuing evolution and
The number of specimens involved in the violation is now sophistication of violators of the law.
VIOLATION PENALTY UNDER RA 9147 PENALTY UNDER SENATE BILL
considered in the imposition of the maximum penalty. Under the
draft, if more than one (1) specimen of a critically endangered
• Beyond strengthening law enforcement
(a) killing and/or destroying wildlife 6 years and 1 day to 12 years and/or a fine of One 6 years and 1 day to 12 years and/or a fine of response, communities who live in close
species hundred thousand pesos (100,000.00) to One Six hundred thousand pesos (P600,000.00) species, or more than five (5) of specimens of an endangered proximity to wildlife should be engaged to
million pesos (1,000,000.00) to Two Million (P2,000,000.00) species, or more than eight (8) specimens of a vulnerable species, become partners in tackling wildlife crime at
or if more than fifteen (15) specimens of other protected wildlife the source.
(e) trading or attempting to trade, Imprisonment of 2 years and 1 day to 4 years and/ From 6 years and 1 day to 8 years and a species are involved, the maximum penalty shall be imposed.
wildlife or a fine of Five thousand pesos (P5,000.00) to fine of Three Hundred Thousand Pesos • Efforts to raise public awareness on the
Three hundred thousand pesos (P300,000.00) (P300,000.00) to One Million Pesos scale and impacts of IWT on biodiversity, the
The maximum penalty shall also be imposed on repeat offenders,
(P1,000,000.00) economy, and livelihoods can help reduce
and also when the violation involves the inducement of indigenous demand for illegally traded wildlife, their
(f) collecting, hunting or possessing Imprisonment of 2 years and 1 day to 4 years and/ From 6 years and 1 day to 8 years and a peoples. parts, and derivatives.
wildlife or a fine of Five thousand pesos (P5,000.00) to fine of Three Hundred Thousand Pesos
Three hundred thousand pesos (P300,000.00) (P300,000.00) to One Million Pesos • The passage of any legislation is only the
(P1,000,000.00) beginning of a long process of attaining the
Introduces the Concept of Cost Recovery, objectives which the law seeks to achieve. For
(i) transporting of wildlife Imprisonment of 6 months and 1day to 1 year and a From 6 years and 1 day to 8 years and a Reparation, and Restoration of Affected this to happen, the law has to be understood
fine of Fifty thousand pesos (P50,000.00) to One fine of Three Hundred Thousand Pesos Resources and supported by the people. It must also be
hundred thousand pesos (P100,000.00) (P300,000.00) to One Million Pesos implemented or enforced effectively, which
(P1,000,000.00) no doubt is within the power of the State.
In addition to the fine and imprisonment that may be
imposed, the offender shall also pay all reasonable costs
incurred by the State resulting from the said violation. The
costs may include expenses for transport, maintenance, and
proper disposal of the seized wildlife.
8 / P o l i c y R ecomme n dat i o n s / 9
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12 / R ef er enc es