Question & AnswerQ&A (EXECUTIVE ORDER NO. 247)
The policy is to regulate the prospecting of biological and genetic resources to ensure these resources are protected, conserved, developed, and used sustainably for the benefit of the national interest, while promoting local science and technology development for technological self-reliance.
Prospecting within ancestral lands and domains of indigenous cultural communities is allowed only with the prior informed consent of such communities, obtained in accordance with their customary laws.
A Research Agreement is required when a person or entity, domestic or foreign, is undertaking prospecting activities with the recommendation of the Inter-Agency Committee. Traditional uses by indigenous and local communities do not require a Research Agreement.
A Commercial Research Agreement is required if the research and collection are for commercial purposes and all agreements must meet minimum commercial terms. An Academic Research Agreement applies primarily for academic research by recognized Philippine academic institutions, government, or intergovernmental entities and may cover broader areas.
It is composed of representatives from DENR, DOST, DA, DOH, DFA, National Museum, Philippine science community, NGOs active in biodiversity protection, and People’s Organizations representing indigenous cultural communities.
Minimum terms include limits on samples taken, deposit of specimens in the National Museum, access for Filipino citizens to specimens and data, payment of royalties, involvement of Filipino scientists, fees paid to DENR, a maximum term of three years (renewable), and provisions for termination and reporting among others.
The maximum term is five years, renewable upon review by the Inter-Agency Committee.
The Protected Areas and Wildlife Bureau (PAWB) of the DENR is the lead agency for monitoring, with participation from DENR regional offices.
Violations may result in criminal penalties under existing laws, immediate termination of the Research Agreement, and imposition of a perpetual ban on prospecting biological and genetic resources in the Philippines.
Existing research projects allowed under existing law may proceed while negotiating new agreements conforming to this order. Existing valid contracts remain effective but parties must enter new agreements that comply with this Executive Order.