Law Summary
Consent Requirements for Indigenous and Local Communities
- Prior informed consent mandatory from indigenous cultural communities based on their customary laws
- Prior informed consent mandatory from concerned local communities
Necessity of Research Agreements for Prospecting
- Prospecting allowed only with Research Agreement after recommendation by the Inter-Agency Committee
- Traditional uses of biological resources by indigenous and local communities exempted from Research Agreement
- Commercial Research Agreement required if prospecting is for commercial purposes
- Academic Research Agreement required for academic purposes reserved for duly recognized universities and government entities
- Agreements involving agents or principals reviewed for compliance
Application Procedure for Research Agreements
- Application submitted to the Inter-Agency Committee through PAWB
- Submission must include research proposal detailing purpose, funding source, timeline, list, and quantity of materials
- Academic proposals may be broader
- Proposal copy submitted to local or indigenous community heads for prior informed consent
- 60-day waiting period before action on proposal
Minimum Terms for Research Agreements
- Strict limit on sample quantity and adherence to approved list
- Specimens to be deposited with National Museum or designated government entity; holotypes at National Museum
- Filipino citizens and government access rights to specimens deposited abroad
- Disclosure of commercial product discoveries to government and affected communities
- Payment of royalties and other compensations for commercial use
- Unilateral termination provision for agreement violations or public interest
- Regular status and ecological reports to Inter-Agency Committee
- Mandatory involvement of Filipino scientists where principal or collector is foreign
- Encouragement or requirement to engage Philippine academic institutions and transfer equipment
- Fixed fees payable to DENR and fee schedules formulated by Inter-Agency Committee
- Maximum terms: 3 years for commercial agreements, renewable; 5 years for academic agreements, renewable
- Provisions for technology use without royalties for endemic species
- Academic agreement scope allows institutional affiliation without repetitive applications
- Requirement to convert to commercial agreement if commercial potential arises
Structure and Composition of the Inter-Agency Committee
- Attached to DENR
- Chair: DENR Undersecretary; Co-Chair: DOST Undersecretary
- Members: representatives from DA, Philippine science community (academe experts), DOH, DFA, National Museum, NGO in biodiversity, Indigenous People organization
- Terms: 3 years renewable
- Technical Secretariat headed by PAWB supports committee
Powers and Functions of the Inter-Agency Committee
- Process and recommend Research Agreement applications
- Enforce Agreement conditions
- Regulate quantities and types of biological/genetic materials collected
- Train agencies to prevent unauthorized collection/export
- Protect rights of indigenous/local communities including consent compliance
- Formulate guidelines for informed consent
- Recommend laws on utilization and intellectual property
- Facilitate scientist involvement through advisory bodies
- Develop biodiversity knowledge framework and data integration mechanisms
- Coordinate with National Committee on Biosafety
- Issue implementing rules and regulations
Monitoring of Research Agreements
- PAWB leads monitoring with DENR regional offices
Appeal Process
- Secretary’s decisions appealable to Office of the President
- Judicial recourse allowed after exhausting administrative remedies
Sanctions and Penalties
- Violations subject to appropriate criminal penalties under existing laws
- Non-compliance with Research Agreements leads to immediate termination and permanent ban on prospecting
Existing Research and Contracts
- Existing approved research may proceed while new agreements negotiated
- Existing valid contracts remain valid but must conform to new Executive Order upon renewal
Official Depository
- PAWB is the official depository of all original agreements and official documents
Funding
- Funded according to law
- Funding may include department savings and fee proceeds from Research Agreements
Effectivity and Rules
- Effective immediately upon publication and filing
- Implementing rules to be formulated by the Inter-Agency Committee within three months of effectivity and signed by DENR Secretary