Peoples Small- Scale Mining Act of 1991 RA 7076 Sec.

c. 2 Declaration of Policy Policy of the State to promote, develop, protect and rationalize viable small-scale mining activities in order to generate more employment opportunities and provide an equitable sharing of the nations wealth and natural resources, giving due regard to existing rights. he mining industry has always been denominated by large-scale mining operations ! govern by the "ining #ct of $%%&. Definitions a.' "ineralized areas - refer to areas with naturally occurring mineral deposits of gold, silver, chromite, (aolin, silica, marble, gravel, clay and li(e mineral resources. b.' Small-scale mining ! refers to mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment. c.' Small-scale miners ! refers to )ilipino citizens who, individually or in the company of other )ilipino citizens, voluntarily form a cooperative duly licensed by the *+,- to engage, under the terms and conditions of a contract, in the extraction or removal of minerals or ore-bearing materials from the ground. d.' Small-scale mining contract ! refers to co-production, .oint venture or mineral production sharing agreement between the State and a small-scale mining contractor for the small-scale utilization of a plot of mineral land. e.' Small-scale mining contractor - an individual or a cooperative of small-scale miners, registered with the S+/ or other appropriate government agency, which has entered into an agreement with the State for the small-scale utilization of a plot of mineral land within a peoples small-scale mining area. f.' #ctive mining area ! refers to areas under actual exploration, development, exploitation or commercial production as determined by the *+,- Secretary after the necessary field investigation or verification including contiguous and geologiocally related areas belonging to the same claimowner and0or under contract with an operator, but in no case to exceed the maximum area allowed by law. 1 23 hectares' g.' +xisting mining right ! refers to perfected and subsisting claim, lease, licnese or permit covering a mineralized area prior to its declaration as peoples small-scale mining area. h.' /laimowner ! refers to a holder of an existing mining right. i.' 4icense ! refers to the privilege granted to a person to legitimately pursues his occupation as a small-scale miner or processor under this #ct. 5.' Processor ! refers to a person issued a license to engage in the treatment of minerals or orebearing materials such as by gravity concentration, leaching benefication, cyanidation, cutting, sizing, polishing and other similar activities.

(.' "ining plan ! refers to a two-year program of activities and methodologies employed in the extraction and production of minerals or ore-bearing materials, including the financial plan and other resources in support thereof. Sec. Peoples small-scale mining program

)or the purpose of carrying out the declared policy, there is established a Peoples small-scale "ining Program to be implemented by the *+,-, in coordination with the 467 designed to have an orderly, systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas ! to address the social, economic, technical and environmental problems connected with smallscale mining activities )eatures of the program $. identification, segregation and reservation of mineral lands as peoples small-scale mining areas 2. recognition of prior existing rights and productivity 8. encouragement of formation of cooperatives 9. extension of technical and financial assistance and other social services &. extension of assistance in processing and mar(eting :. generation of ancillary livelihood activities ;. regulation of the small-scale mining industry to encourage growth and productivity <. efficient collection of government revenue. in the past, small-scale mining was considered an underground economy. Sec. ! "Declaration of Peoples small scale mining areas he =>#-* is authorized to declare and set aside pssm areas in sites onshore, suitable for small-scale mining sub.ect to review by the *+,- Secretary giving priority to areas already occupied and actively mined by small-scale miners before #ugust $, $%<;, provided such areas are not considered as active mining areas, the minerals found therein are technically and commercially suitable for small-scale mining activities that the areas are not covered by existing forest rights or reservations and have not been declared as tourist or marine reserved, par(s and wildlife reservations, unless their status as such is withdrawn by competent authority. #rea verification rests with the *+,-.

Sec. 6 #$t$re Small-scale mining areas he =oard may declare the ff as pssma? a.' Public lands not sub.ect to existing rights b.' Public lands covered by existing mining rights which are not active mining areas c.' Private lands +xcept? - those with substantial improvements - in bona fide or regular use as stoc(yard, garden, plant nursery, plantation, cemetery, or burial site, or land situated within $33m from such cemetery or burial site - land with area of one hectare or less /omposition of =oard *+,- rep - /hair -ep of 6overnor0/ity mayor $ big scale mining rep -ep of ,6> ! from environmental group -ep of private sector ! nominated by the organization and appointed by the "ines -egional *irector he *+,- provides staff support. Sec. 7 Ancestral lan% ,o ancestral land may be declared as a pssma without the P-@>- />,S+, communities. of the cultural

@f ancestral lands are declared as pssma, the members of the cultural communities therein shall be given priority in the awarding of small-scale mining contracts. Sec. & Registration of Small-scale miners #ll persons underta(ing small-scale mining activities shall register as miners with the =oard and may organize themselves into cooperatives in order to qualify for the awarding of a peoples small scale mining contract.

Sec. 9 A'ar% of PSSM (ontract # contract may be awarded by the =oard to small-scale miners who have voluntarily organized and have duly registered with the appropriate government agency as an individual miner or cooperative 1registration is required' provided? $ contract at any one time to a contractor who shall start mining operations within one year from the date of award. Priority shall be given to ss miners residing in the province or city where the small scale mining area is located. #pplication fees for a contract shall be payable to *+,- regional office having .urisdiction over the area. Sec. 10 )*tent of contract area he =oard shall determine the reasonable size and shape of the contract area following the meridional bloc( system under P*9:8 1"ineral -esources *evelopment *ecree', but in no case exceed 23 hectares per contractor and the depth or length of the tunnel or adit not exceeding that recommended by the *irector 1"6=' ta(ing into account relevant factors. Sec. 11 )asement rig+ts 7pon the declaration of a pssma, the *irector of "ines in consultation with the operator, claimowner, landowner or lessor of an affected area, shall determine the right of the ssminers to existing facilities such as mining and logging roads, private roads, port and communication facilities, processing plants which are necessary for the effective of the Program, sub.ect to payment of reasonable fees to the operator, claimowner, landowner or lessor.

)n,ironment Relate% Pro,isions of t+e -ocal .o,ernment (o%e /RA 71600 1+e (o%e " Policy an% Application Sec. 8. >perative Principles of *ecentralization ! he formulation and implementation of policies and measures on local autonomy shall be guided by the following operative principles? 1i' 4ocal government units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial .urisdiction, sub.ect to the provisions of this /ode and national policies. 1l' he participation of the private sector in local governance, particularly in the delivery of basic services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy for sustainable development. Sec. $:. 6eneral Aelfare ! +very local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion to the general welfare. Aithin their respective territorial .urisdiction, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social .ustice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. Sec. $;. =asic Services and )acilities !

a.' 4ocal government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. hey shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this /ode. 4ocal government units shall li(ewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein. b.' Such basic services and facilities include, but are not limited to, the following? $.' )or a barangay ! iii.' Services and facilities related to general hygiene and sanitation, beautification, and solid waste collectionB iv.' "aintenance of barangay roads, bridges, and water supply systemsB 2.' )or a municipality ! vi.' Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitationB 8.' )or a province !

iii.' Pursuant to national policies and sub.ect to supervision, control and review of the *+,-, enforcement of forestry laws limited to community-based forestry pro.ects, pollution control law, smallscale mining law, and the protection of the environmentB and mini-hydroelectric pro.ects for local purposes. Sec. 2:. *uty of ,ational 6overnment #gencies in the "aintenance of +cological =alance ! @t shall be the duty of every national agency or government ! owned or-controlled corporation authorizing or involved in the planning and implementation of any pro.ect or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland, or forest cover and extinction of animal or plant species to consult with the local government units, non-governmental organizations, and other sectors concerned and explain the goals and ob.ectives of the pro.ect or program, its impact upon the people and the community measures that will be underta(en to prevent or minimize the adverse effects thereof. Sec. 2;. Prior /onsultations -equired ! ,o pro.ect or program shall be implemented by government authorities unless the consultations mentioned in Sections 21c' and 2: hereof are complied with, and prior approval of the sanggunian concerned is obtained? Provided, hat occupants in areas where such pro.ects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the /onstitution.

Sec. 8&. 4in(ages with Peoples and ,on-governmental >rganizations ! 4ocal government units may enter into .oint ventures and such other cooperative arrangements with peoples and nongovernmental organizations to engage in the delivery of certain basic services, capabilitybuilding and livelihood pro.ects, and to develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people.

A%ministrati,e Matter 2o. 09-6-&-(

R$les of Proce%$re for )n,ironmental (ases Sec. 2 Scope hese -ules shall govern the procedure in /@C@4, /-@"@,#4 and SP+/@#4 /@C@4 #/ @>,S before the -egional rial /ourts and "unicipal rial /ourts involving enforcement or violations of environmental and other related laws, rules and regulations such as but not limited to the ff? hese -ules are suppletory to the -ules of /ourt and other -ules. Sec. 8 >b.ectives a.' o protect and advance the constitutional right of the people to a balanced and healthful ecologyB /onstitutional basis is #rt. @@ Sec. $: ! self-executing provision which does not necessitate a law to implement his right was recognized in the >posa vs. )actoran case which enunciated the twin concept of intergenerational responsibility and .ustice and cited in the later case of Denares vs. 4 )-=. b.' o provide a simplified, speedy and inexpensive procedure for the enforcement of environmental rights and duties recognized under the /onstitution, existing laws, rules and regulations and international agreements. >posa case enunciated a liberalized standing of parties see(ing to enforce these rights allowing a class suit. c.' o introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental lawsB and d.' o enable the courts to monitor and exact compliance with orders and .udgments in environmental cases. Sec. 9 *efinition of erms a.' =y-product or derivatives means any part ta(en or substance extracted from wildlife, in raw or in processed form including stuffed animals and herbarium specimens. b.' /onsent decree refers to a .udicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment. c.' /ontinuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final .udgment which shall remain effective until .udgment is fully satisfied. d.' +nvironmental Protection >rder 1+P>' refers to an order issued by the /ourt directing or en.oining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment. e.' "ineral refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.

g.' Strategic 4awsuit #gainst Public Participation 1S4#PP' refers to an action whether civil, criminal or administrative, brought against any person, institution or any government agency or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency has ta(en or may ta(e in the enforcement of environmental laws, protection of the environment or assertion of environmental rights. h.' Aildlife means wild forms and varieties of flora and fauna, in all developmental stages including those which are in captivity or are being bred or propagated. /ivil -ule 2 - Pleadings and Parties Sec. $ Pleadings and motions allowed? - /omplaint - #nswer which may include compulsory counterclaim and cross-claim - "otion for intervention - "otion for discovery and - "otion for reconsideration of the 5udgment "otion for postponement, motion for new trial and petition for relief from .udgment shall be allowed in D@6D4E "+-@ >-@>7S cases to prevent a manifest miscarriage of .ustice. Sec. 2 Prohibited Pleadings "otions Procedure

a.' "otion to dismiss the complaint b.' "otion for a bill of particulars c.' "otion for extension of time to file pleadings, except to file answer, the extension not to exceed $& days d.' "otion to declare the defendant in default e.' -eply and re.oinder and f.' heir party complaint Sec. 8 Cerified /omplaint

he verified complaint shall contain the names of the parties, their addresses, the cause of action and the reliefs prayed for. he plaintiff shall # #/D to the verified complaint #44 evidence proving or supporting the cause of action consisting of the affidavits of witnesses, documentary evidence and if possible, ob.ect evidence. he affidavits shall be in F7+S @>, #,* #,SA+- form and shall comply with the rules of admissibility of evidence. he complaint shall S # + D# @ @S #, +,C@->,"+, #4 /#S+ and the law involved. he complaint shall also include a certification against forum shopping. @f the complaint is not an environmental complaint, the presiding .udge shall refer it to the executive .udge for re-raffle Sec. Aho may file #ny real party in interest, including the government and .uridical entities authorized by law, may file a civil action involving the enforcement or violation of any environmental law. Sec. & /itizen Suit #ny )@4@P@,> /@ @G+, in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under environmental laws. 7pon the filing of a citizen suit, the court shall issue an order which shall contain a brief description of the cause of action and reliefs prayed for, requiring all interested parties to manifest their interest to intervene in the case within $& days from notice thereof. he plaintiff may publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies of said order. /itizen suits filed under -# <;9% 1/lean #ir #ct' and -# %338 1Solid Aaste "anagement #ct' shall be governed by their respective provisions. >nly )ilipino citizens - representing others, or generations yet unborn can file a citizen suit. # citizen suit should involve public interest. @n the bringing of the suit to court, no proof of personal in.ury is required. Sec. : Service of the complaint 7pon the filing of the complaint, the plaintiff is -+F7@-+* to furnish the 6>C+-,"+, or the appropriate agency, although not a party, a />PE of the complaint. Proof of service upon the government or the appropriate agency shall be # complaint. Sec. ; #ssignment by -affle @f there is only one designated branch in a multiple-sala court, the executive .udge shall immediately refer the case to said branch. @f there are two or more designated branches, the executive .udge shall conduct a special raffle on the day the complaint is filed. #/D+* to the

Sec. < @ssuance of +P> @f it appears from the verified complaint with a prayer for the issuance of an +,C@->,"+, #4 P-> +/ @>, >-*+- 1+P>' that the matter is of extreme urgency and the applicant will suffer grave in.ustice and irreparable in.ury, the executive .udge of the multiple-sala court before raffle or the presiding .udge of a single sala court as the case may be, may @SS7+ +H P#- + a +P> effective for only ;2 hours from date of the receipt of the +P> by the party or person en.oined. Aithin said period, the court where the case is assigned, shall conduct a S7""#-E D+#-@,6 to determine whether the +P> may be extended until the termination of the case. he court where the case is assigned, shall periodically monitor the existence of acts that are the sub.ect matter of the +P> even if issued by the executive .udge, and may lift the same at anytime as circumstances may warrant. he applicant shall be +H+"P +* from the posting of a bond for the issuance of a +P>. Sec. % #ction on "otion for *issolution of +P> he grounds for motion to dissolve a +P> shall be supported by affidavits of the party or person en.oined which the applicant may oppose, also by affidavits. he +P> may be dissolved if it appears #) +- D+#-@,6 that its issuance or continuance would cause irreparable damage to the party or person en.oined while the applicant may be fully compensated for such damages as he may suffer and sub.ect to the porting of a sufficient bond by the party or person en.oined. Sec. $3 Prohibition against -> +H/+P the S7P-+"+ />7- , ,> /ourt can issue a -> or writ of preliminary in.unction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof. Sec. $$ -eport on +P>, +P>, -> or preliminary in.unction he .udge shall report any action ta(en on a +P>, +P>, -> or a preliminary in.unction, including its modification and dissolution, to the Supreme /ourt, through the >ffice of the /ourt #dministrator, within $3 days from the action ta(en. Sec. $2 Payment of )iling and other legal fees he payment of filing and other legal fees by the plaintiff shall be deferred until after .udgment 7,4+SS the plaintiff is allowed to litigate as an indigent. @t shall constitute a )@-S 4@+, on the .udgment award. )or a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve as first lien on the .udgment award. Sec. $8 Service of Summons

he summons, orders and other court processes may be served by the SD+-@)), his deputy or other proper court officer >- for .ustifiable reasons, by the />7,S+4 or representative of the plaintiff or any suitable person #7 D>-@G+* or *+P7 @G+* by the court issuing the summons. #ny private person who is authorized or deputized by the court to serve summons, orders and other court processes shall for that purpose be considered an officer of the court. he summons shall be served on the defendant, together with a copy of an order informing all parties that they have $& days from the filing of an answer, within which to avail of interrogatories to parties under -ule 2& of the -ules of /ourt and request for admission by adverse party under -ule 2:, or at their discretion, ma(e use of depositions under -ule 28 or other measures under -ules 2; and 2<. Should personal and substituted service fail, summons by P7=4@/# @>, shall be allowed. @n the case of .uridical entities, summons by publication shall be done by indicating the names of the officers or their duly authorized representatives. Sec. $9 Cerified #nswer Aithin $& days from receipt of summons, the defendant shall file a verified answer to the complaint and serve a copy thereof on the plaintiff. he defendant shall attach affidavits of witnesses, reports, studies of experts and all evidence in support of the defense. #ffirmative and special defenses ,> .urisdiction. pleaded shall be deemed waived, except lac( of

/ross-claims and compulsory counterclaims ,> asserted shall be considered =#--+*. he answer to counterclaims or cross-claims shall be filed and served within $3 days from service of the answer in which they are pleaded. -ule Pre- rial Sec. $ ,otice of Pre- rial Aithin two days from the filing of the answer to the counterclaim or cross-claim, if any, the branch cler( of court shall issue a notice of the pre-trial to be held not later than one month from the filing of the last pleading. he court shall schedule the pre-trial and set as may pre-trial conferences as may be necessary within a period of two months counted from the date of the first pre-trial conference. Sec. 2 Pre- rial =rief #t least 8 days before the pre-trial, the parties shall submit pre-trial briefs containing the ff? a.' a statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution b.' # summary of admitted facts and proposed stipulation of factsB 8

c.' he legal and factual issued to be tried or resolved. )or each factual issue, the parties shall state all evidence to support their positions thereon. )or each legal issue, the parties shall state the applicable law and .urisprudence supporting their respective positions thereon d.' he documents or exhibits to be presented, including depositions, answers to interrogatories and answers to written request for admission by adverse party, stating the purpose thereofB e.' a manifestation of their having availed of discovery procedures or their intention to avail themselves of referral to a commissioner or panel of expertsB f.' the number and names of the witnesses and the substance of their affidavits g.' /larificatory questions from the parties h.' 4ist of cases arising out of the same facts pending before other courts or administrative agencies - )ailure to comply with the required contents of a pre-trial brief may be a 6->7,* for />, +"P . - )ailure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. Sec. 8 -eferral to "ediation #t the start of the pre-trial conference, the court shall inquire from the parties if they have settled the disputeB otherwise the court shall immediately refer the parties or their counsel, it authorized by their clients, to the P"/ unit for purposes of mediation. @f not available, the court shall refer the case to the cler( of court or legal researcher for mediation. "ediation must be conducted within a non-extendible period of 83 days from receipt of notice of referral to mediation. he mediation report must be submitted within $3 days from the expiration of the 83-day period. Sec. Preliminary /onference @f mediation fails, the court will schedule the continuance of the pre-trial. =efore the scheduled date of continuance, the court may refer the case to the =/>/ for a preliminary conference for the ff purposes? a.' o assist the parties in reaching settlementB b.' o mar( the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison with the originalsB c.' o ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents mar(ed as exhibitsB d.' o require the parties to submit the depositions ta(en under -ule 28 of the -ules of /ourt, the answers to written interrogatories under -ule 2&, and the answers to request for admissions by the adverse party under -ule 2:B

e.' o require the production of documents or things requested by a party under -ule 2; and the results of the physical and mental examination of persons under -ule 2<B f.' o consider such other matters as may aid in its prompt dispositionB

g.' o record the proceedings in the I"inutes of Preliminary /onferenceJ to be signed by both parties or their counselsB h.' o mar( the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnessesB and i.' o attach the minutes together with the mar(ed exhibits before the pre-trial proper. he parties or their counsel must submit to the =/>/ numbers of the affiants. Sec. & Pre- rial /onferenceB /onsent *ecree he .udge shall put the parties and their counsels under oath, and they shall remain under oath in all pre-trial conferences. he .udge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. he .udge may issue a />,S+, *+/-++ approving the agreement between the parties in accordance with law, morals, public order and public policy to protect the right of the people to a balanced and healthful ecology. +vidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed waived. Sec. : )ailure to Settle @f there is no full settlement, the .udge shall a.' #dopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the mar(ings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documentsB b.' determine if there are cases arising out of the same facts pending before other courts and order its consolidation if warrantedB c.' determine if the pleadings are in order and if not, order the amendments if necessaryB d.' *etermine if interlocutory issues are involved and resolve the sameB e.' /onsider the adding or dropping of partiesB f.' Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto, and the contents of documents and all other evidence identified and premar(ed during pre-trial in determining further admissionsB g.' >btain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted during pre-trial the names, addresses and contact

h.' *efine and simplify the factual and legal issued arising from the pleadings and evidence. 7ncontroverted issues and frivolous claims or defenses should be eliminatedB i.' *iscuss the propriety of rendering a summary .udgment or a .udgment based on the pleadings, evidence and admissions made during pre-trialB ..' >bserve the "ost @mportant Aitness -ule in limiting the number of witnesses, determining the facts to be proved by each witness and fixing the approximate number of hours per witnessB (.' +ncourage referral of the case to a trial by commissioner under -ule 82 of the -ules of /ourt or to a mediator or arbitrator under any of the alternative modes of dispute resolution governed by the Special -ules of /ourt on #lternative *ispute -esolutionB l.' *etermine the necessity of engaging the services of a qualified expert as a friend of the court 1amicus curiae' and m.' #s( parties to agree on the specific trial dates for continuous trial, comply with the one-day examination of witness rule, adhere to the case flow chart determined by the court which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. Sec. ; +ffect of failure to appear at pre-trial he court shall ,> *@S"@SS the complaint, except upon repeated and un.ustified failure of the plaintiff to appear. he dismissal shall be without pre.udice, and the court may proceed with the counterclaim. Sec. < "inutes of pre-trial he minutes of each pre-trial conference shall contain matters ta(en up therein, more particularly admissions of facts and exhibits, and shall be signed by the parties and their counsel. Sec. % Pre-trial >rder Aithin $3 days after the termination of the pre-trial, the court shall issue a pre-trial order setting forth the actions ta(en during the pre-trial conference, the facts stipulated, the admissions made, the evidence mar(ed, the number of witnesses to be presented and the schedule of trial. Said order shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial. Sec. $3 +fforts to Settle he court shall endeavor to ma(e the parties agree to compromise or settle in accordance with law at #,E S #6+ of the proceedings before rendition of .udgment. -ule rial Sec. $ /ontinuous rial he .udge shall conduct continuous trial which shall not exceed two months from date of the issuance of the pre-trial order. 9

=efore the expiration of the two-month period, the .udge may as( the Supreme /ourt for the extension of the trial period for .ustifiable causes. Sec. 2 #ffidavits in lieu of direct examination @n lieu of direct examination, affidavits mar(ed during the pre-trial shall be presented as direct examination of affiants sub.ect to cross-examination by the adverse party. he procedure is S7""#-E. Sec. 8 >ne-day +xamination of witness -ule he court shall strictly adhere to the rule that a witness has to be fully examined in one day, sub.ect to the courts discretion of extending the examination for .ustifiable reason. #fter the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing party shall immediately interpose his ob.ections. he .udge shall forthwith rule on the offer of evidence in open court. Sec. 9 Submission of case for decision, filing of memorandum #fter the last party has rested its case, the court shall issue an order submitting the case for decision. he court may require the parties to submit their respective memoranda, if possible in +4+/ ->,@/ form, within a non-extendible period of 83 days from the date the case is submitted for decision. he court shall have a period of :3 days to decide the case from the date the case is submitted for decision. Sec. & Period to try and decide he court shall have a period of one year from the filing of the complaint to try and decide the case. =efore the expiration of the one-year period, the court may petition the Supreme /ourt for the extension of the period for .ustifiable cause. he court shall P-@>-@ @G+ the ad.udication of environmental cases. -ule 5udgment and +xecution Sec. $ -eliefs in a citizen suit @f warranted, the court may grant to the plaintiff proper reliefs which shall include the P-> +/ @>,, P-+S+-C# @>, or -+D#=@4@ # @>, of the environment and the payment of attorneys fees, costs of suit and other litigation expenses. @t may also require the violator to submit a program of rehabilitation or restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust fund for that purpose sub.ect to the control of the court. &

Sec. 2 5udgment not stayed by appeal #ny .udgment directing the performance of acts for the protection, preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the appellate court. Sec. 8 Permanent +P>B Arit of /ontinuing "andamus @n the .udgment, the court may convert the +P> to a permanent +P> or issue a writ of continuing mandamus directing the performance of acts which shall be effective until the .udgment is fully satisfied. he court may, by itself or through the appropriate government agency, monitor the execution of the .udgment and require the party concerned to submit written reports on a quarterly basis or sooner as may be necessary, detailing the progress of the execution and satisfaction of the .udgment. he other party may, at its option, submit its comments or observations on the execution of the .udgment. Sec. 9 "onitoring of compliance he court may motu proprio. >r upon motion of the prevailing party, order that the enforcement of the .udgment or order be referred to a commissioner to be appointed by the court. he commissioner shall file with the court written progress reports on a quarterly basis or more frequently when necessary. Sec. & -eturn of writ of execution he process of execution shall terminate upon a sufficient showing that the decision or order has been implemented to the satisfaction of the court in accordance with section $9, -ule 8% of the -ules of /ourt. -ule S4#PP Sec. $ Strategic lawsuit against public participation 1S4#PP' # legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has ta(en or may ta(e in the enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be treated as a S4#PP and shall be governed by these -ules. Sec. 2 S4#PP as defense @n a S4#PP filed against a person involved in the enforcement of environmental laws, protection of the environment, or assertion of environmental rights, the defendant may file an #,SA+interposing as a *+)+,S+ that the case is a S4#PP and shall be supported by documents, affidavits, papers and other evidence, and by way of counterclaim, pray for damages, attorneys fees and costs of suit. :

he court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a S4#PP, attaching evidence in support thereof, within a non-extendible period of five days from receipt of notice that an answer has been filed. he defense of a S4#PP shall be set for hearing by the court after the issuance of the order to file an opposition within $& days from filing of the comment or the lapse of the period. Sec. 8 Summary hearing he hearing on the defense of a S4#PP shall be S7""#-E in nature. he parties must submit all available evidence in support of their respective positions. he party see(ing the dismissal of the case must prove by S7=S #, @#4 evidence that his acts for the enforcement of environmental laws is a legitimate action for the protection, preservation and rehabilitation of the environment. he party filing the action assailed as a S4#PP shall prove by P-+P>,*+-#,/+ of evidence that the action is not a S4#PP and is a valid claim. *efendant interposing defense of S4#PP ! evidence required is S7=S #, @#4 1 the amount of evidence required in administrative cases' Plaintiff filing the suit ! prove his case by P-+P>,*+-#,/+ of evidence 1the amount of evidence required in civil cases' Sec. 9 -esolution of the defense he affirmative defense of a S4#PP shall be resolved within 83 days after the summary hearing. @f the court dismisses the action, the court may award damages, attorneys fees and costs of suit under a counterclaim if such has been filed. he *@S"@SS#4 shall be A@ D P-+57*@/+. @f the court re.ects the defense of a S4#PP, the evidence adduced during the summary hearing shall be treated as evidence of the parties on the merits of the case. he action shall proceed in accordance with the -ules of /ourt. Special -ule ; Arit of K#4@K#S#, Sec. $ ,ature of the Arit he writ is a remedy available to a -,# 7-#4 or 57-@*@/#4 person, -entity authorized by law, -peoples organization, -non-government organization 1,6>' or -any public interest group accredited by or -registered with any government agency on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private /ivil #ction

individual or entity, involving environmental damage of such "#6,@ 7*+ as to pre.udice the life, health or property of inhabitants in A> or ">-+ /@ @+S or P->C@,/+S. Sec. 2 /ontents of the petition he verified petition shall contain the ff? a.' he personal circumstances of the petitioner b.' he name and personal circumstances of the respondent or if the name and personal circumstances are un(nown and uncertain, the respondent may be described by an assumed appellationB c.' he environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to pre.udice the life, health or property of inhabitants in two or more cities or provincesB d.' #ll relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies and if possible, ob.ect evidenceB e.' he certification of petitioner under ># D that $. petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-.udicial agency, and no such other action or claim is pending thereinB 2. if there is such other pending action or claim, a complete statement of its present status 8. if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within & days therefrom f.' the reliefs prayed for which may include a prayer for the issuance of a +P>. Sec. 8 Ahere to )ile he petition shall be filed with the S7P-+"+ />7- or with any of the stations of the />7>) #PP+#4S. he petition cannot be filed with the lower courts 1 - / or " //' Sec. 9 ,o doc(et fees he petitioner shall be +H+"P 1filing fees, mediation fees' Sec. & @ssuance of the Arit from the payment of doc(et fees.

Aithin 8 days from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order? a.' issuing the writB and b.' requiring the respondent to file a verified return as provided in Sec. < of this -ule. he />/ shall forthwith issue the writ under the seal of the court including the issuance of a /+#S+ and *+S@S order and other temporary reliefs effective until further order. Sec. : Dow the writ is served he writ shall be served upon the respondent by a court officer or any person deputized by the court, who shall retain a copy on which to ma(e a return of service. @n case the writ cannot be served personally, the rule on substituted service shall apply. Sec. ; Penalty for refusing to issue or serve the writ # /ler( >f /ourt who unduly delays or refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for />, +"P without pre.udice to other civil, criminal or administrative actions. Sec. < -eturn of respondent Aithin a non-extendible period of $3 days after service of the writ, the respondent shall file a verified return which shall contain all defenses to show that respondent did not violate or threaten to violate, or allow the violation of any environmental law, rule or regulation or commit any act resulting to environmental damage of such magnitude as to pre.udice the life, health or property of inhabitants in two or more cities or provinces. #ll defenses not raised in the return shall be deemed waived. he return shall include, affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, ob.ect evidence, in support of the defense of the respondent. # general denial of allegations in the petition shall considered as an #*"@SS@>, thereof. Sec. % Prohibited pleadings and motions a.' "otion to *ismiss b.' "otion for extension of time to file return c.' "otion for postponement d.' "otion for bill of particulars e.' /ounterclaim or cross-claims f.' hird-party complaint g.' -eply and

g.' "otion to declare respondent in default Sec. $3 +ffect of failure to file return @n case the respondent fails to file a return, the court shall proceed to hear the petition +H P#- +. Sec. $$ Dearing 7pon receipt of the return of the respondent, the court may call a preliminary conference to simplify the issues, determine the possibility of obtaining stipulations or admissions from the parties, and set the petition for hearing. he hearing including the preliminary conference shall not extend beyond :3 days and shall be given the same P-@>-@ E as petitions for writs of habeas corpus, amparo and habeas data. Sec. $8 /ontempt he court may after hearing punish the respondent who? refuses or unduly delays the filing of a return, or who ma(es a false return, or any person who disobeys or resists a lawful process or order of the court for />, +"P under -ule ;$ of the -ules of /ourt. -ule Arit of /ontinuing "andamus /onditions for the issuance of Arit? Ahen any agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically en.oins as a duty resulting from an office, trust or station in connection with the enforcement or violation of an environmental law rule or regulation or a right thereinB or unlawfully excludes another from the use or en.oyment of such rightB and here is no other plain, speedy and adequate remedy in the ordinary course of lawB he aggrieved person may file a verified petition in the proper court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that the petition concerns an environmental law, rule or regulation, and praying that .udgment be rendered commanding the respondent to do an act or series of acts until the .udgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent, under the law, rules and regulations. he petition shall also contain a sworn certification of ,>,-)>-7" SD>PP@,6. Sec. 2 Ahere to )ile the Petition <

he petition shall be filed with the -egional rial /ourt exercising .urisdiction over the territory where the actionable neglect or omission occurred or with the /ourt of #ppeals or the Supreme /ourt. /riminal -ule % - Prosecution of >ffenses Sec. $ Aho may )ile #ny offended party, peace officer or any public officer charged with the enforcement of an environmental law may file a />"P4#@, before the P->P+- >))@/+- in accordance with the -ules of /ourt. Sec. 2 )iling of the @nformation #n @,)>-"# @>, charging a person with a violation of an environmental law and subscribed by the prosecutor shall be filed with the court. Sec. 8 Special Prosecutor @n criminal cases, where there is no private offended party, a counsel whose services are offered by any person or organization may be allowed by the court as SP+/@#4 P->S+/7 >-, with the />,S+, of and sub.ect to the control and supervision of the public prosecutor. similar to a Private Prosecutor -ule $3 @nstitution of /riminal and /ivil #ctions Ahen a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged, shall be deemed instituted with the criminal action unless the complainant waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action. 7nless the civil action has been instituted prior to the criminal action, the reservation of the right to institute separately the civil action shall be made during arraignment. @n case civil liability is imposed or damages are awarded, the filing and other legal fees shall be imposed on said award in accordance with -ule $9$ of the -ules of /ourt, and the fees shall constitute a first lien on the .udgment award. he damages awarded in cases where there is no private offended party, less the filing fees, shall accrue to the funds of the agency charged with the implementation of the environmental law violated. he award shall be used for the restoration and rehabilitation of the environment adversely affected. -ule #rrest Sec. $ #rrest without warrantB when lawful # peace officer or an individual deputized by the proper government agency may, without warrant, arrest a person? $$ Procedure

a.' Ahen in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offenseB or b.' Ahen an offense has .ust been committed and he has probable cause to believe based on personal (nowledge of facts or circumstances that the person to be arrested has committed it. @ndividuals deputized by the proper government agency who are enforcing environmental laws shall en.oy the P-+S7"P @>, >) -+674#-@ E under Section 81m', -ule $8$ of the -ules of /ourt when effecting arrests for violations of environmental laws. Sec. 2 Aarrant of #rrest #44 A#--#, S >) #--+S issued by the court shall be #//>"P#,@+* by a /+- @)@+* -7+ />PE of the information filed with the issuing court. -ule $2 /ustody and *isposition of seized items Sec. $ he custody and disposition of seized items shall be in accordance with the applicable laws or rules promulgated by the concerned government agency. Sec. 2 Procedure @n the absence of applicable laws or rules promulgated by the concerned government agency, the ff procedure shall be observed? a.' he apprehending officer having initial custody and control of the seized items, equipment, paraphernalia, conveyances and instruments shall physically inventory and whenever practicable, photograph the same in the presence of the person from whom such items were seized. b.' hereafter, the apprehending officer shall submit to the issuing court the return of the search warrant within & days from date of seizure or in case of warrantless arrest, submit within & days from date of seizure, the inventory report, compliance report, photographs, representative samples and other pertinent documents to the public prosecutor for appropriate action. c.' 7pon motion by any interested party, the court may direct the auction sale of seized items, equipment, paraphernalia, tools or instruments of the crime. he court shall after hearing, fix the minimum bid price based on the recommendation of the concerned government agency. he sheriff shall conduct the auction. d.' he auction sale shall be notice to the accuse, the person from whom the items were seized, or the owner thereof and the concerned government agency. e.' he notice of auction shall be posted in three conspicuous places in the city or municipality where the items, equipment, paraphernalia, tools or instruments of the crime were seized. f.' he proceeds shall be held in trust and deposited with the government depository ban( for disposition according to the .udgment. -ule $8 Provisional -emedies Section $ #ttachment in environmental cases

he provisional remedy of # of in environmental cases.

#/D"+,

under -ule $2; of the -ules of /ourt may be availed

+nvironmental Protection >rder Sec. 2 +P>B emporary +nvironmental Protection >rder 1 +P>' in criminal cases

he procedure for and issuance of +P> and +P> shall be governed by -ule 2. -ule $9 =ail Sec. $ =ail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the .udge thereof, with any - /, " /, "etro, "/ / .udge in the province, city or municipality. @f the accused is arrested in a province, city or municipality other than where the case is pending, bail may also be filed with any - /, "etro, " /, "/ / .udge therein. @f the court grants bail, the court may issue a hold-departure order in appropriate cases. Sec. 2 *uties of the court =efore granting the application for bail, the .udge must read the information in a language (nown to and u<nderstood by the accused and require the accused to sign a written underta(ing, as follows? a.' to appear before the court that issued the warrant of arrest for arraignment purposes on the date scheduled, and if the accused fails to appear without .ustification on the date of arraignment, accused waives the reading of the information and authorizes the court to enter a plea of not guilty on behalf of the accused and to set the case for trialB b.' o appear whenever required by the court where the case is pendingB and

c.' o waive the right of the accused to be present at the trial, and upon failure of the accused to appear without .ustification and despite due notice, the trial may proceed in absentia. -ule $& #rraignment and Plea Sec. $ #rraignment ! he court shall set the arraignment of the accused within $& days from the time it acquires .urisdiction over the accused, with notice to the public prosecutor and offended party or concerned government agency that it will entertain plea-bargaining on the date of the arraignment. Sec. 2 Plea bargaining >n the scheduled date of arraignment, the court shall consider plea bargaining arrangements. Ahere the prosecution and offended party or concerned government agency agree to the plea offered by the accused, the court shall? a.' issue an order which contains the plea-bargaining arrived atB b.' proceed to receive evidence on the civil aspect of the case, if any c.' render and promulgate .udgment of conviction, including the civil liability for damages.

 -ule $: Pre- rial Sec . $ Setting of P conference ! #fter the arraignment, the court shall set the P conference within 83 days. @t may refer the case to the branch coc, if warranted, for a preliminary conference to be set at least three days prior to the pre-trial. -ule $; rial

Sec. $ /ontinuous rial ! he court shall endeavor to conduct continuous trial which shall not exceed three months from the date of the issuance of the pre-trial order. Sec. 2 #ffidavit in lieu of direct examination ! #ffidavit in lieu of direct examination shall be used, sub.ect to cross examination and the right to ob.ect to inadmissible portions of the affidavit. Sec 8. Submission of memoranda he court may require the parties to submit their respective memoranda and if possible, in electronic form, within a non-extendible period of 83 days from the date the case is submitted for decision. Aith or without any memoranda filed, the court shall have a period of :3 days to decide the case counted from the last day of the 83-day period to file the memoranda. Sec. 9 *isposition Period ! he court shall dispose the case within a period of $3 months from the date of arraignment. Sec. & Pro bono lawyers ! @f the accused cannot afford the services of counsel or there is no available public attorney, the court shall require the @=P to provide pro bono lawyers for the accused. -ule $< Subsidiary 4iability @n case of conviction of the accused and subsidiary liability is allowed by law, the court may, by motion of the person entitled to recover under .udgment, enforce such subsidiary liability against a person or corporation subsidiarily liable under #rticle $32 and $38 of the -evised Penal /ode. -ule $% S4#PP Sec. $ "otion to *ismiss - 7pon the filing of an information ion court and before arraignment, the accused may file a motion to dismiss on the ground that the criminal action is a S4#PP. Sec. 2 Summary Dearing he hearing on the defense of a S4#PP shall be summary in nature. he parties must submit all the available evidence in support of their respective positions. he party see(ing the dismissal of the case must prove by substantial evidence that his acts for the enforcement of environmental law is a legitimate action for the protection, preservation and rehabilitation of the environment. he party filing the action assailed as a S4#PP shall prove by preponderance of evidence that the action is not a S4#PP. Sec. 8 -esolution

he court shall grant the motion if the accused establishes in the summary hearing that the criminal case has been filed with intent to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has ta(en or may ta(e in the enforcement of environmental laws, protection of the environment or assertion of environmental rights. @f the court denies the motion, the court shall immediately proceed with the arraignment of the accused. +vidence -ule 23 Precautionary Principle

Sec. $ #pplicability ! Ahen there is a lac( of full scientific certainty in establishing a causal lin( between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it. he constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt. Sec. 2 Standards for application @n applying the precautionary principle, the ff factor, among others, may be considered? $.' threats to human life or health 2.' inequity to present or future generationsB or 8.' pre.udice to the environment without legal consideration of the environmental rights of those affected. -ule *ocumentary +vidence 2$

Sec. $ Photographs, videos and similar evidence of events, acts, transactions of wildlife, wildlife by-products or derivatives, forest products or mineral resources sub.ect of a case shall be admissible when authenticated by the person who too( the same, by some other person present when said evidence was ta(en, or by any other persons competent to testify on the accuracy thereof. Sec. 2 +ntries in official records +ntries in official records made in the performance of his duty by a public offic er of the Philippines, or by a person in performance of a duty specially en.oined by law, are prima facie evidence of the facts therein stated. +ffectivity oo( effect on #pril 2%, 23$3. he -ules of /ourt shall apply in a suppletory manner except as otherwise provided in this -ule. 3il%life Reso$rces (onser,ation an% Protection Act RA 91 7

#pproved 5uly 233$

Ahat the law is all aboutL he law is a commitment of the Philippines to the @nternational community to =iodiversity. @t provides the guidelines and procedures on the protection, management and use of wildlife resources and bioprospecting. Statistics shows that the Philippines is one of $; mega diverse countries Philippines has K=#s 1sites of global significance for biodiversity conservation. meaning the

he Philippines has 23 ! 22M of the remaining biodiversity of the world global diversity. Sec. 2 *eclaration of Policy Policy of the State to conserve the countrys wildlife resources and their habitats for sustainability. @n the pursuit of this policy, this #ct shall have the ff ob.ectives? a.' to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversityB b.' to regulate the collection and trade of wildlife c.' to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitatsB and d.' to initiate or support scientific studies on the conservation of biological diversity. Sec. 8 Scope of #pplication he provisions of this #ct shall be enforceable for? - #ll wildlife species found in all areas of the country, including protected areas under -# ;:&< 1,@P#S' #ct - /ritical habitats - +xotic species which are sub.ect to trade, are cultured, maintained and0or bred in captivity or propagated in the country Sec. 9 5urisdiction of the *+,- and *# *+,- - shall have .urisdiction over all +--+S -@#4 P4#, and #,@"#4 SP+/@+S, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. *# - shall have .urisdiction over all declared #F7# @/ /-@ @/#4 D#=@ # S, #44 #F7# @/ -+S>7-/+S, including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. he Secretaries of the *+,- and *# , and by .oint administrative order, revise and regularly update the list of species under their respective .urisdictions.

@n the province of Palawan, .urisdiction is vested to the Palawan /ouncil for Sustainable *evelopment pursuant to -# ;:$$. Sec. & *efinition of erms a.' =ioprospecting ! means the research, collection and utilization of biological and genetic resources for purposes of applying the (nowledge derived therefrom solely for commercial purposesB b.' =y-product or derivatives ! means any part ta(en or substance extracted from wildlife, in raw or in processed form. his includes stuffed animals and herbarium specimensB c.' /aptive-breeding0culture or propagation ! means the process of producing individuals under controlled conditions or with human interventionsB d.' /ollection or collecting ! means the act of gathering or harvesting wildlife, its by-products or derivativesB e.' /onservation ! means preservation and sustainable utilization of wildlife, and0or maintenance, restoration and enhancement of the habitatB f.' /ritically endangered species ! refers to a species or subspecies that is facing extremely high ris( of extinction in the wild in the immediate futureB g.' +conomically important species ! means species which have actual or potential value in trade or utilization for commercial purposesB h.' +ndangered species ! refers to species or subspecies that is not critically endangered but whose survival in the wild is unli(ely if the causal factors continue operatingB i.' +ndemic species ! means species or subspecies which is naturally occurring and found only within specific areas in the countryB ..' +xotic species ! means species or subspecies which do not naturally occur in the country

(.' +xport permit ! refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other countryB l.' 6ratuitous permit ! means permit issued to any individual or entity engaged in noncommercial scientific or educational underta(ing to collect wildlifeB m.' Dabitat ! means a place or environment where a species or subspecies naturally occur or has naturally established its populationB n.' @mport permit ! refers to a permit authorizing an individual to bring or has naturally established population in the country o.' @ndigenous wildlife - means species or subspecies of wildlife naturally occurring or has naturally established population in the countryB p.' @ntroduction ! means bringing species into the wild that is outside its natural habitatB

q.' -eexport permit ! refers to a permit authorizing an individual to bring out of the country a previously imported wildlifeB r.' hreatened species ! a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable, or other accepted categories of wildlife whose population is at ris( of extinctionB s.' rade ! means that act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives, or by-products, locally or internationallyB t.' raditional use ! means utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them u.' ransport permit ! means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial .urisdiction of the PhilippinesB v.' Culnerable species ! refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is li(ely to move to the endangered category in the near futureB w.' Aildlife ! means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagatedB x.' Aildlife collectors permit ! means a permit to ta(e or collect from the wild certain species and quantities of wildlife for commercial purposeB and y.' Aildlife farm0culture permit ! means a permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and0or scientific purposes. /onservation and Protection of Aildlife -esources Sec. : Aildlife @nformation ! @nformation on all activities shall be authorized by the *+,- Secretary upon proper evaluation of best available information or scientific data showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies involved and0or their habitat. )or this purpose, the Secretary shall regularly update wildlife information through research. Sec. ; /ollection of Aildlife /ollection of wildlife may be allowed in accordance with Sec. : 1 providing limitations in the access of information' provided that in the collection, of wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall li(ewise be required. /ollection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade and that collection and utilization of said purpose shall not cover threatened species. Sec. < Possession of Aildlife

,o person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. Provided that the Source was not obtained in violation of this #ct. Sec. % /ollection and Possession of =y-products and derivatives /ollection and possession of by-products and its derivatives may be authorized provided that the source was not obtained in violation of this #ct. Sec. $3 4ocal ransport 4ocal transport of wildlife, by-products and derivatives collected or possessed through any other means shall be authorized unless the same is P-+57*@/@#4 to the wildlife and P7=4@/ D+#4 D. Sec. $$ +xportation and0or @mportation of Aildlife Aildlife species may be exported to or imported from another country as may be #7 D>-@G+* by the Secretary or the designated representative, sub.ect to strict compliance with the provisions of this #ct and rules and regulations promulgated pursuant thereto. P->C@*+*, that the -+/@P@+, of the wildlife is +/D,@/#44E and )@,#,/@#44E /#P#=4+ to maintain it. Sec. $2 @ntroduction0-eproduction0 -estoc(ing of +ndemic0@ndigenous he introduction, reintroduction or restoc(ing of endemic and indigenous wildlife shall be allowed only for population enhancement or recovery purposes sub.ect to P-@>- /4+#-#,/+ from the Secretary or the authorized representative pursuant to Sec. :. #ny proposed introduction shall be sub.ect to a scientific study which shall focus on the bioecology. he proponent shall also conduct public consultations with concerned individuals or entities. Sec. $8 @ntroduction of +xotic Aildlife ,o +H> @/ species shall be introduced into the country, unless a /4+#-#,/+ from the Secretary or the authorized representative is first obtained. @n no case shall exotic species be introduced into P-> +/ +* areas covered by -# ;&<: and to /-@ @/#4 D#=@ # S. @n /ases where introduction is allowed, it shall be sub.ect to environmental impact study which shall focus on the bioecology, socioeconomic and related aspects of the area where the species will be introduced. he proponent shall also be required to secure the P-@>- @,)>-"+* />,S+, from the local sta(eholders. Sec. $9 =ioprospecting =ioprospecting shall be allowed upon execution of an underta(ing by any proponent, stipulating therein its compliance with and commitments to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity.

he Secretary or the authorized rep, in consultation with the concerned agencies, before granting the necessary permit, shall require that prior informed consent be obtained by the applicant from concerned indigenous cultural communities, local communities, management board under -# ;&<: or private individual entiry. he applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. he prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. he action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period. 7pon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period. @f the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources. Sec. $& Scientific -esearches on Aildlife /ollection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an underta(ing0 agreement with and issuance of a gratuitous permit by the Secretary or the authorized rep. P-@>- /4+#-#,/+ from concerned bodies shall be secured before the issuance of the gratuitous permit. @f the applicant is a foreign entity or individual, a local institution should be actively involved as required in Sec, $9, last par. Sec. $: =iosafety #ll activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction, field release and breeding of organisms that are P> +, @#44E harmful to man and the environment shall be -+C@+A+* in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats. Sec. $; /ommercial =reeding =reeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized rep pursuant to Sec. : through the issuance of wildlife farm0culture permit. >nly progenies of wildlife raised, as well as unproductive parent stoc( shall be utilized for trade. /ommercial breeding operations for wildlife, whenever appropriate shall be sub.ect to an +,C@->,"+, #4 @"P#/ S 7*E. Sec. $< +conomically @mportant Species

he Secretary shall establish a list of economically-important species. # population assessment of such species shall be conducted and the list shall be regularly reviewed and updated by the Secretary. he collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the population of such species can still remain viable and capable of recovering its numbers. he Secretary shall establish a schedule and volume of allowable harvests. Ahenever an economically important species become threatened, any form of collection shall be prohibited except for scientific, educational or breeding0propagation purposes. Sec. $% "anagement and Scientific authorities )or the implementation of international agreement on international trade in endangered species of wildlife fauna and flora, the management authorities for terrestrial resources shall be the Protected #reas and Aildlife =ureau 1P#A=' of the *+,- and )or aquatic resources - the =ureau of )isheries and #quatic -esources 1=)#-' of the *#. @n the province of Palawan, the implementation is vested to the Palawan /ouncil for Sustainable *evelopment. o provide advice to the management authorities, )or terrestrial species ! the +cosystems research and *evelopment =ureau of the *+,- 1/hair', the 7P @nstitute of =iological Sciences and the ,ational "useum and other agencies as may be designated by the Secretary. )or the marine and aquatic resources ! the =)#-, the 7P "arine Science @nstitute, 7P Cisayas 1/hair', Siliman 7niversity and the ,ational "useum and other agencies as may be designated by the Secretary. Sec. 23 #uthority of Secretary to @ssue Permits he Secretary of the duly authorized representative, shall issue permits0certifications0clearances with corresponding period of validity whenever appropriate, the ff? $.' wildlife farm of culture permit 8 ! & yrs 2.' Aildlife collectors permit 8.' 6ratuitous permit 9.' 4ocal transport permit $ - 8 yrs $ yr $ ! 8 mos

&.' +xport0@mport0-eexport permit $ ! : mos hese permits may be renewed sub.ect to the guidelines issued by the appropriate agency and upon consultation with concerned groups. Sec. 2$ )ees and /harges

-easonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount fixed by the Secretary shall be imposed for the issuance of permits. )or the export of wildlife species - fee of not greater than 8M of the export value, excluding transport costs, shall be charged. @n the determination of the fee, the production costs shall be given due consideration. /utflowers, leaves and the li(e, produced from farms shall be exempted from the export fee. )ees and charges shall be reviewed by the Secretary every two 12' years or as the need arises and revise the same accordingly, sub.ect to consultation with concerned sectors. Sec. 22 *etermination of hreatened Species he secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to internationally accepted criteria, including but not limited to the ff? a.' present or threatened destruction, modification of curtailment of its habitat or rangeB b.' over-utilization for commercial, recreational, scientific or educational purposesB c.' inadequacy of existing regulatory mechanismsB and d.' other natural or man-made factors affecting the existence of wildlife he list shall be updated regularly or as the need arises. # species listed as D-+# +,+* shall not be removed therefrom within three 18' years following its initial listing.

7pon filing of a petition based on substantial scientific information of any person see(ing for the addition or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors cited, the status of the species concerned and act on said petition within a reasonable period. he Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which species shall li(ewise be categorized as threatened. Sec. 28 /ollection of hreatened Aildlife he collection of threatened wildlife, as determined and listed, including its by-products and derivatives, shall be allowed >,4E for S/@+, @)@/, or =-++*@,6 or P->P#6# @>, purposes in accordance with Sec. : of this #ct. >nly accredited individuals, business, research, educational or scientific entities shall be allowed to collect for conservation breeding or propagation purposes. Sec. 29 /onservation =reeding or Propagation of hreatened Species

Shall be encouraged in order to enhance its population in its natural habitat. @t shall be done simultaneously with the rehabilitation and0or protection of the habitat where the captive-bred or propagated species shall be released, reintroduced or restoc(ed. /ommercial breeding or propagation of threatened species may be allowed provided that the ff minimum requirements are met by the applicant? a.' proven effective breeding and captive management techniques of the speciesB and b.' commitment to underta(e commercial breeding in accordance with Sec. $;, simultaneous with conservation breeding. he Secretary shall prepare a list of threatened species for commercial breeding and shall regularly revise or update such list or as the need arises. Sec. 2& +stablishment of /ritical Dabitats /ritical habitats outside protected areas where threatened species are found shall be designated. #ll designated critical habitats shall be protected, in coordination with the local government units 1467s' and other concerned groups, from any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. )or such purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct, establishment of easements or other underta(ings appropriate in protecting the critical habitat. Sec. 2: -egistration of hreatened and +xotic Species -equirement of -+6@S -# @>, ,o person or entity shall be allowed P>SS+SS@>, of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. Ahen the threatened species is needed for breeding0propagation or research purposes, the State may acquire the wildlife through a mutually acceptable arrangement. @llegal #cts and Penalties @t shall be unlawful for any person to willfully and (nowingly exploit wildlife resources and their habitats, or underta(e the ff acts? a.' (illing and destroying wildlife species, except in the ff instances? $. when it is done as part of the religious rituals of established tribal groups or indigenous cultural communitiesB 2. when the wildlife is afflicted with an incurable communicable diseaseB 8. when it is deemed necessary to put an end to the misery

suffered by the wildlifeB 9. when it is done to prevent an imminent danger to the life or limb of a human beingB &. when the wildlife is (illed or destroyed after it has been used in authorized research or experimentsB Penalties a.' @"P-@S>,"+, of a minimum of : yrs and $ day ! $2 yrs and0or a )@,+ of P$33,333 ! P$", if inflicted or underta(en against species listed as critical b.' @"P-@S>,"+, of 9 yrs and $ day ! : yrs and0or a )@,+ of P&3,333 - P&33,333, if inflicted or underta(en against endangered speciesB c.' @"P-@S>,"+, of 2 yrs and $ day ! 9 yrs and0or a )@,+ of P83,333, if inflicted or underta(en against vulnerable speciesB d.' @"P-@S>,"+, of $ yr and $ day ! 2 yrs underta(en against other threatened speciesB and0or a )@,+ of P23,333, if inflicted or

e.' @"P-@S>,"+, of : mos and $ day ! $ yr and0or a )@,+ of P$3,333 - P$33,333, if inflicted or underta(en against other wildlife species b.' @,)4@/ @,6 @,57-E AD@/D /-@PP4+S and0or @"P#@-S >) A@4*4@)+ SP+/@+S P+,#4 E a.' @"P-@S>,"+, of a minimum of 9 yrs and $ day ! : yrs and0or a )@,+ of P&3,333 ! P&33,333, if inflicted or underta(en against species listed as criticalB b.' @"P-@S>,"+, of 2 yrs and $ day ! 9 yrs and0or a )@,+ of P83,333 ! P233,333, if inflicted or underta(en against endangered speciesB c.' @"P-@S>,"+, of $ yr and $ day ! 2 yrs and0or a )@,+ of P23,333 ! P233,333, if inflicted or underta(en against vulnerable speciesB d.' @"P-@S>,"+, of : mos and $ day ! $ yr and0or a )@,+ >) P$3,333- P&3,333, if inflicted or underta(en against other threatened species, and e.' @"P-@S>,"+, of $ mo ! : mos underta(en against other wildlife species. c.' +))+/ @,6 #,E >) D+ )) #/ S @, /-@ @/#4 D#=@ # 1s'? $. dumping of waste products detrimental to wildlifeB 2. squatting or otherwise occupying any portionB and0or a )@,+ of P&,333 ! P23,333, if inflicted or D+ -+P->*7/ @C+ SES +"

8. mineral exploration and0or extractionB 9. burning &. loggingB and :. quarrying d.' @, ->*7/ @>,, -+@, ->*7/ @>, or -+S >/K@,6 of A@4*4@)+ -+S>7-/+S P+,#4 E - @"P-@S>,"+, of $ mo ! < yrs and0or )@,+ of P&,333 - P&,333,333 e.' -#*@,6 >) A@4*4@)+ P+,#4 E $.' @"P-@S>,"+, of 2 yrs and $ day ! 9 yrs and0or )@,+ of P&,333 ! P833,333, if inflicted or underta(en against species listed as criticalB 2.' @"P-@S>,"+, of $ yr and $ day ! 2 yrs and0or )@,+ of P2,333 ! P233,333, if inflicted or underta(en against endangered speciesB 8.' @"P-@S>,"+, of : mos and $ day ! $ yr and0or )@,+ of P$,333 ! P$33,333, if inflicted or underta(en against vulnerable species 9.' @"-P@S>,"+, of $ mo and $ day ! : mos and0or )@,+ of P&33 ! P&3,333, if inflicted or underta(en against species listed as other threatened speciesB and &.' @"P-@S>,"+, of $3 days ! $ mo and0or )@,+ of P233 ! P23,333, if inflicted or underta(en against other wildlife species. f.' />44+/ @,6, D7, @,6 or P>SS+SS@,6 A@4*4@)+, their by-products and derivativesB g.' 6# D+-@,6 or *+S ->E@,6 >) #/ @C+ ,+S S, ,+S li(eB P+,#4 E $. @"P-@S>,"+, of 2 yrs and $ day ! 9 yrs underta(en against species listed as criticalB #,* a )@,+ of P833,333, if inflicted or -++S, D>S P4#, S and the

2. @"P-@S>,"+, of $ yr and $ day ! 2 yrs #,* a )@,+ of P23,333 ! P233,333, if inflicted or underta(en against endangered speciesB 8. @"P-@S>,"+, of : mos and $ day ! $ yr #,* a )@,+ of P$3,333 ! P$33,333, if inflicted or underta(en against vulnerable speciesB 9. @"P-@S>,"+, of $ mo and $ day ! : mos #,* a )@,+ of P&,333 ! P&3,333, if inflicted or underta(en against species listed as other threatened speciesB &. @"P-@S>,"+, of $3 days ! $ mo #,* a )@,+ of P$,333 ! P&,333, if inflicted or underta(en against other wildlife species.

@n case of par 1f', where the acts were perpetuated thru the means of inappropriate techniques and devices, the "#H@"7" penalty provided shall be imposed. h.' "#4 -+# @,6 and0or @,)4@/ @,6 > D+- @,57-@+S ,> P-+/+*@,6 P#-#6-#PDB and @.' -#,SP>- @,6 of A@4*4@)+ />C+-+* =E D+

P+,#4 E $. @"P-@S>,"+, of : mos and $ day ! $ yr #,* a )@,+ of P&3,333 ! P$33,333, if inflicted or underta(en against species listed as critical speciesB 2. @"P-@S>,"+, of 8 mos and $ day ! : mos #,* a )@,+ of P23,333 ! P&3,333, if inflicted or underta(en against endangered speciesB 8. @"-P@S>,"+, of $ mo and $ day ! 8 mos #,* a )@,+ of P&,333 ! P23,333, if inflicted or underta(en against vulnerable speciesB 9. @"P-@S>,"+, of $3 days ! $ mo #,* a )@,+ of P$,333 ! P&,333 if inflicted or underta(en against species listed as other threatened speciesB &. @"P-@S>,"+, of & days ! $3 days #,* a )@,+ of P233 ! P$,333, if inflicted or underta(en against other wildlife species. #ll wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with violations of this #ct, shall be @PS> )#/ > forfeited in favor of the government. Ahere the ownership of the aforesaid conveyances belong to third persons who have no participation in or (nowledge of the illegal acts, the same may be released to said owner. he apprehending agency shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest Aildlife -escue /enter of the *+,- in the area. @f the offender is an alien, he shall be deported after service of the sentence and payment of fines, without any further proceedings. he fines prescribed shall be increased by at least $3M every 8 yrs to compensate for inflation and to maintain the deterrent function of such fines. Sec. 2% Aildlife "anagement )und # Aildlife "anagement )und is established to be administered by the *+,- as a special account in the ,ational reasury. @t shall finance -+D#=@4@ # @>, or -+S >-# @>, of habitats affected by acts committed in violation of this #ct and support S/@+, @)@/ -+S+#-/D, enforcement and monitoring activities, as well as enhancement of capabilities of relevant agencies. he )und shall be derived from fines imposed and damages awarded, fees, charges, donations, endowments, administrative fees or grants in the form of contributions. /ontributions to the )und shall be exempted from donors taxes, charges or fees imposed by the government.

Sec. 83 *eputation of Aildlife +nforcement >fficers he *+,- Sec shall deputize wildlife enforcement officers from ,6>s, citizens groups, community organization and other volunteers who have undergone the necessary training for this purpose. he P,P, #)P, ,=@ and other law enforcement agencies shall designate wildlife enforcement officers. he wildlife enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest violators of this #ct sub.ect to existing laws, rules and regulations on arrest and detention. Sec. 8$ ,ational Aildlife -esearch /enter he *+,- Sec shall establish national wildlife research centers for terrestrial and aquatic species to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive breeding or propagation. he Secretary shall encourage the participation of experts from academic0research institutions and wildlife industry. Sec. 82 Aildlife -escue /enter he *+,- Sec shall establish or designate wildlife rescue centers to ta(e temporary custody and care of all confiscated, abandoned and0or donated wildlife to ensure their welfare and well-being. he Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers. Sec. 88 Aildlife raffic "onitoring 7nits he *+,- Sec shall create wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent international agreements. /ustoms officers and0or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in the area. Sec. 89 +xemption from axes #ny donation, contribution, bequest, subsidy or financial aid which may be made to the *+,- or *# and to ,6>s engaged in wildlife conservation duly registered with the S+/ as certified by the 467, the *+,- or *#, for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be +H+"P from donors tax. Sec. 8& )lagship Species 467s shall initiate conservation measures for endemic species in their areas. )4#6SD@P SP+/@+S such as the? /ebu blac( shama, hey may adopt

amaraw, Philippine tarsier, Philippine tea(, which shall serve as emblems of conservation for the local government concerned.

Sec. 8: =otanical 6ardens, etc. he *+,- Sec shall -+674# + the establishment, operation and maintenance of botanical gardens, zoological par(s and other similar establishments for recreation, education and conservation.