QuestionsQuestions (Republic Act No. 6147)
The Pithecophaga jefferyi, commonly known as the monkey-eating eagle, is declared a protected bird in the Philippines.
The killing, hunting, wounding, or taking away of the bird, and/or destroying, disturbing, or taking away of its nests or eggs, when done in contravention of rules and regulations promulgated by the Secretary of Agriculture and Natural Resources.
Yes. Section 2 states the prohibition applies to acts “in contravention of the rules and regulations promulgated” by the Secretary of Agriculture and Natural Resources. Thus, compliance with those regulations is material.
The Secretary of Agriculture and Natural Resources must promulgate the rules and regulations within ninety (90) days from and after the effectivity of the Act.
The Secretary must seek the recommendation of the Director of Parks and Wildlife and the Philippine Wildlife Conservation Foundation.
The Director must establish sanctuaries necessary to preserve this threatened species.
The Director may seek assistance from the National Science Development Board and private associations or foundations such as the Philippine Wildlife Conservation Foundation, the World Wildlife Fund, and the International Union for Conservation of Nature and Natural Resources.
Costs for establishing and maintaining sanctuaries, and conducting studies on natural habitat, food requirements, predatory-prey control measures, and other ecological factors conducive to conservation and management, plus other requirements for implementation.
One hundred thousand pesos (P100,000.00) for the first year after approval; subsequent appropriations are to be included in the General Appropriations Act.
A penalty of prision correctional or a fine of not less than P600 nor more than P1,000, or both imprisonment and fine at the discretion of the court.
For subsequent offenses, the court shall impose both the imprisonment and the fine.
If the offender is insolvent, the corresponding subsidiary imprisonment shall be suffered.
Yes. All acts, part of acts, orders, rules and regulations inconsistent with RA 6147 are repealed.
It takes effect upon its approval.
Because the prohibited acts are defined as those done “in contravention of the rules and regulations promulgated” by the Secretary—so the existence and content of those regulations are crucial to determine whether conduct is unlawful under the statute.