QuestionsQuestions (Republic Act No. 9147)
RA 9147 declares it to be the policy of the State to conserve the country’s wildlife resources and habitats for sustainability, with objectives that include conserving/protecting wildlife species and habitats, promoting ecological balance and biological diversity, regulating collection and trade, honoring Philippine commitments to international conventions, and initiating/supporting scientific studies on biological diversity conservation.
The Act applies to all wildlife species found in all areas of the country, including protected areas under the NIPAS Act (RA 7586) and critical habitats, and it also applies to exotic species that are subject to trade, cultured/captive/bred, or propagated in the Philippines.
The DENR has jurisdiction over all terrestrial plant and animal species, all turtles and tortoises, and wetland species (including crocodiles, waterbirds, and amphibians and dugong), subject to updates by joint administrative order.
The DA has jurisdiction over declared aquatic critical habitats and aquatic resources including fishes, aquatic plants, invertebrates, and all marine mammals, except dugong. The DENR and DA must jointly update their respective lists of species under their jurisdiction.
In Palawan, the jurisdiction conferred by RA 9147 is vested to the Palawan Council for Sustainable Development (PCSD) pursuant to RA 7611.
Collection may be allowed if authorized by the Secretary under Section 6 (with best available information showing the activity is not detrimental to the species and/or habitat), if least or no detrimental collection techniques are used, and if permitted conditions are met—such as traditional use by indigenous peoples (not primarily for trade) and the rule that threatened species collection must follow Section 23.
No person or entity may possess wildlife unless they can prove financial and technical capability and facilities to maintain the wildlife, and the source must not have been obtained in violation of the Act.
Local transport of wildlife, by-products, and derivatives collected or possessed by other means is allowed unless it is prejudicial to wildlife and public health.
Examples include: wildlife farm/culture permit (3–5 years), wildlife collector’s permit (1–3 years), gratuitous permit (1 year), local transport permit (1–3 months), and export/import/reexport permits (1–6 months), all renewable subject to guidelines and consultation.
It is allowed only for population enhancement or recovery purposes with prior clearance from the Secretary or authorized representative under Section 6, subject to scientific study focusing on bioecology and public consultations with concerned individuals/entities.
No exotic species may be introduced unless cleared first by the Secretary or authorized representative. Exotic species may not be introduced into protected areas under RA 7586 and critical habitats under Section 25. If allowed, it must be subject to an environmental impact study focusing on bioecology and socioeconomic factors, and the proponent must secure prior informed consent from local stakeholders.
Bioprospecting is the research, collection, and utilization of biological/genetic resources for commercial purposes. The Secretary must require prior informed consent from concerned indigenous cultural communities, local communities, management board under RA 7586, or private individuals/entities, consistent with existing laws, and the applicant must fully disclose the intent and scope of the activity in a language/process understandable to the community.
Collection and utilization for scientific research and not for commercial purposes is allowed upon execution of an undertaking/agreement and issuance of a gratuitous permit by the Secretary or authorized representative, with prior clearance from concerned bodies before issuance of the permit, and the bioprospecting-related ‘reasonable period’/clearance aspects under Section 14 apply where relevant.
Illegal acts include: killing/destroying wildlife except in enumerated exceptions; inflicting injury impairing reproductive systems; certain acts in critical habitats (e.g., dumping waste, squatting, mineral exploration/extraction, burning, logging, quarrying); introduction/reintroduction/restocking; trading; collecting/hunting/possessing wildlife and their derivatives; gathering/destroying active nests/nest trees/host plants; maltreating or inflicting other injuries; and transporting wildlife—unless authorized under the Act.
The Secretary determines whether a wildlife species/subspecies is threatened and classifies it as critically endangered, endangered, vulnerable, or other accepted categories using best scientific data and internationally accepted criteria such as habitat destruction/modification, over-utilization, inadequacy of regulatory mechanisms, and other factors affecting existence. The Secretary must publish and update the threatened list regularly.
Penalties and/or fines vary depending on the type of illegal act and the category of the species involved (critical, endangered, vulnerable, other threatened, or other wildlife species). Thus, the species classification directly affects the minimum/maximum imprisonment terms and fine ranges.
All wildlife and paraphernalia/tools/conveyances used in violations are forfeited in favor of the government (with an exception for third-party owners without participation/knowledge). Apprehending agencies must immediately transfer seized/recovered wildlife to the nearest Wildlife Rescue Center. The Secretary must establish or designate rescue centers to take temporary custody and care and formulate guidelines for disposition.