The Philippines
Department Administrative Order No. 96-20
Implementing Rules and Regulations on the Prospecting
of Biological and Genetic Resources
Pursuant to Section 15 of Executive Order No. 247 dated 18 May
1995 otherwise known as "Prescribing Guidelines and Establishing a
Regulatory Framework for the Prospecting of Biological and Genetic
Resources, Their By-Products and Derivatives, For Scientific and
Commercial Purposes, and for Other Purposes", this Administrative
Order setting forth the rules and regulations governing the
implementation of the Order is hereby promulgated.
The purpose of this Order is to provide in detail the processes
by which the DENR and other concerned institutions and agencies will
administer Executive Order 247 in order to regulate the research,
collection, and use of biological and genetic resources.
SECTION 1 — BASIC POLICY
1.1. Section 2 Article XII of the Philippine Constitution
provides that wildlife, flora and fauna, among others, are owned by
the State and the disposition, development and utilization thereof
are under its full control and supervision. The policy of the State
further provides that the management, protection, sustainable
development and/or use of biological and genetic resources shall be
undertaken primarily to ensure the conservation of the same and that
the use of these resources must be consistent with that
principle.
1.2. Section 10 Article XIV of the Philippine Constitution
provides that the State shall support indigenous, appropriate, and
self-reliant scientific and technological capabilities, and their
application to the country's productive systems and national
life.
1.3. The Preamble of the United Nations Convention on Biological
Diversity, of which the Philippines is a state-party, recognizes the
close and traditional dependence of many indigenous and local
communities embodying traditional lifestyles on biological resources,
and the desirability of sharing equitably benefits arising from the
use of traditional knowledge, innovations and practices relevant to
the conservation of biological diversity and the sustainable use of
its components.
SECTION 2 — DEFINITION OF TERMS
2.1. For the purpose of these rules and regulations, the
following terms shall be defined as follows:
a) Academic Research Agreement - refers to the agreement entered
into by and between duly recognized Philippine universities and
academic institutions, domestic governmental entities or
inter-governmental entities and national government agencies
concerned for the purpose of undertaking academic and scientific
researches relative to bioprospecting;
b) Affiliate - refers to a registered student or
scientist/researcher who is formally appointed to a staff or faculty
position in a University or other academic institution acting as a
Principal, or a representative of a domestic academic or
governmental institution or a representative of an
inter-governmental institution assisting in the bioprospecting
research by virtue of a formal Agreement duly signed by both the
Principal and the affiliate or a certified true copy of his
enrollment form in the case of a registered student.
c) Ancestral domains - refer to all lands and natural resources
occupied or possessed by indigenous cultural communities/indigenous
peoples, by themselves or through their ancestors, communally or
individually, in accordance with their customs and traditions since
time immemorial, continuously to the present except when prevented or
interrupted by war, force majeure, displacement by force, deceit or
stealth, and other usurpation. It includes all adjacent areas
generally belonging to them and which are necessary to ensure their
economic, social and cultural welfare;
d) Ancestral land - refers to land occupied, possessed and
utilized by individuals, families or clans who are members of the
indigenous cultural communities/indigenous peoples since time
immemorial by themselves or through their predecessors-in-interest,
continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit or stealth;
e) Benefit sharing - refers to the sharing of results of
bioprospecting activity and benefits arising from the utilization or
commercialization of the biological or genetic resources fairly and
equitably with the indigenous cultural community/local
community/protected area/private land owner concerned and the
national government by the Principal/Collector. Among the results and
benefits that may be shared are payment for access to specimens,
royalties, data, technology, capacity building, training, joint
research;
f) Biological diversity - refers to the variability among living
organisms from all sources, including inter-alia, terestrial, marine
and other aquatic ecosystems and the ecological complexes of which
they are part; this includes diversity within species, between
species and of ecosystems;
g) Biological resources - include genetic resources, organisms or
parts thereof, populations or any other biotic components of
ecosystems with actual or potential use or value for humanity such as
plants, seeds, tissues and other propagation materials, animals,
microorganisms, live or preserved whether whole or in part
thereof;
h) Bioprospecting or Prospecting - refers to the research,
collection and utilization of biological and genetic resources, for
purposes of applying the knowledge derived therefrom for scientific
and/or commercial purposes;
i) Biotechnology - refers to any technological application that
uses biological systems, living organisms, or derivatives thereof, to
make or modify products or processes for specific use.
j) By-product - refers to any part taken from biological and
genetic resources such as hides, antlers, feathers, fur, internal
organs, roots, trunks, branches, leaves, stems, flowers and the like,
including compounds indirectly produced in a biochemical process or
cycle;
k) Collector - refers to any person commissioned by the Principal
to conduct for him prospecting of biological and genetic resources;
l) Commercial Research Agreement - refers to the Research
Agreement entered into by and between private persons or
corporations, or foreign international entities, and the government
agency concerned for the purpose of undertaking bioprospecting
intended directly or indirectly for commercial use;
m) Derivative - refers to something extracted from biological and
genetic resources such as blood, oils, resin, genes, seeds, spores,
pollen and the like, taken from or modified from a product;
n) Equitable sharing - refers to the benefit sharing mutually
agreed upon by the parties to the Research Agreement;
o) Genetic material - refers to any material of plant, animal,
microbic, or other origin containing functional units of heredity;
p) Genetic resources - refers to genetic materials of actual or
potential value;
q) Holotype - refers to either the sole specimen or element used
by the author of scientific name or the one specimen or element
designated by such author as the type;
r) Indigenous Cultural Communities or Indigenous Peoples (IPs) -
refer to a homogenous society identified by self-ascription and
ascription by others, who have continuously lived as community on
communally bounded and defined territory, sharing common bonds of
language, customs, traditions and other distinctive cultural traits,
and who, through resistance to the political, social and cultural
inroads of colonization, became historically differentiated from the
majority of Filipinos;
s) IACBGR - refers to the Inter-Agency Committee on Biological and
Genetic Resources created to ensure the enforcement and
implementation of the provisions of this Order;
t) Inter-governmental entity - refers to academic and/or
scientific organization and institution, whether global or regional
created by an agreement among different States and with the Republic
of the Philippines as a party thereof;
u) Local Community - refers to the basic political unit wherein
the biological and genetic resources are located;
v) Principal - refers to any person or institution, corporation,
domestic governmental entity, inter-governmental entity, or foreign
international entity, represented by its President, Head, or duly
designated official who enters into a Research Agreement with the
Philippine Government for the prospecting of biological and genetic
resources;
w) Prior informed consent - refers to the consent obtained by the
applicant from the Local Community, IP, PAMB or Private Land Owner
concerned, after disclosing fully the intent and scope of the
bioprospecting activity, in a language and process understandable to
the community, and before any bioprospecting activity is undertaken;
x) Protected Area - refers to a geographically defined area which
is designated or regulated and managed to achieve specific
conservation objectives. It refers to identified portions of land
and water set aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and protected
against destructive human exploitation;
y) Protected Area Management Board (PAMB) - refers to the
decision-making body created by R.A. 7586 which exercises
jurisdiction over a protected area within its areas of
responsibility;
z) Public Domain - refers to water and lands owned by the State
that have not been declared alienable and disposable;
aa) Sustainable use - refers to the use of components of
biological diversity in a way and at a rate that does not lead to the
long-term decline of biological and genetic resources, thereby
maintaining its potential to meet the needs and aspirations of
present and future generations;
bb) Traditional use - refers to the customary utilization of
biological and genetic resources by the local community and
indigenous people in accordance with written or unwritten rules,
usages, customs and practices traditionally observed, accepted and
recognized by them`.
SECTION 3 — SCOPE AND COVERAGE
3.1. This Order shall govern the following:
a) Prospecting of all biological and genetic resources in public
domain, including natural growths in private lands, intended to be
utilized by both foreign and local individuals, entities,
organizations, whether government or private;
b) Except traditional use, all bioprospecting activities aimed at
discovering, exploring, or using these resources for pharmaceutical
development, agricultural, and commercial applications.
SECTION 4 — BIOPROSPECTING WITHIN PROTECTED AREAS
4.1. Prospecting of biological and genetic resources shall be
allowed in all categories of protected areas (PAs), in conformity
with RA 7586 and its implementing rules and regulations.
4.2. All Research Agreements entered into by any person, entity
or corporation, foreign or domestic, with the Philippine government,
upon recommendation of the IACBGR, shall be reviewed and approved
first by the concerned PAMB of the protected area as stipulated under
DENR Administrative Order No. 42, as amended by DAO No. 95-10, Series
of 1995.
SECTION 5 — BIOPROSPECTING WITHIN ANCESTRAL LAND,
DOMAIN AND LOCAL COMMUNITIES
5.1. Prospecting of biological and genetic resources within areas
of local communities, including ancestral lands and domains of
Indigenous Cultural Communities/Indigenous Peoples (IPs) shall be
allowed only with the prior informed consent of such communities
obtained through the procedures prescribed under Section 7
hereof;
5.2. The government agency concerned in the areas, including the
PAMBs in Protected Areas (PAs), shall see to it that the consent
required is obtained in accordance with the customary traditions,
practices and mores of the concerned communities and, where
appropriate, concurrence of the Council of the Elders in a public
consultation/meeting in the site concerned.
SECTION 6 — REQUIREMENTS AND PROCEDURES FOR APPLICATION
AND PROCESSING OF RESEARCH AGREEMENTS
6.1 REQUIREMENTS: The Principal/Collector shall be required to
submit the following:
6.1.1 Letter of Intent addressed to the IACBGR and 3 copies of
Research Proposal following the attached format (Annex A);
6.1.2 Duly accomplished application form (Annex B) accompanied by
the following supporting documents:
a) Letter of acceptance from Filipino counterpart(s) authorized
by or representing the host institutions, to cooperate in the
activities in the Philippines, where applicable;
b) Letter of endorsement from Head of Institution where
applicant is affiliated or reputable Institution, Museum or
University as may be required;
c) Company/Institution/ Organization/Agency Profile; and,
d) Others as may be required by the concerned government agency.
6.1.3. Prior Informed Consent (PIC) Certificate obtained in
accordance with Section 7 hereof from the following:
a) Indigenous Cultural Communities/Indigenous Peoples (IPs) - in
cases where the prospecting of biological and genetic resources will
be undertaken within their ancestral domains/lands;
b) Local Communities (LC) - in cases where the prospecting of
biological and genetic resources will be undertaken within their
area/s of jurisdiction;
c) Protected Area Management Board (PAMB) - in cases where the
prospecting of biological and genetic resources will be undertaken
within a protected area. Provided that, if the PAMB for a certain
protected area has not been organized, a letter of consent shall be
obtained from the concerned Regional Executive Director under whose
jurisdiction the protected area is located;
d) Private Land Owner - in cases where the prospecting of
biological and genetic resources will be undertaken within the
private land.
6.1.4. Environmental Impact Assessment (EIA) as determined by the
Technical Secretariat;
6.1.5. Application/Processing fees in the following amounts to be
paid upon application:
Philippine national - P1025/application
Foreign national - P2025/application
6.2. Procedures for Processing of Application. - The procedure
for processing of applications shall follow the process indicated
hereunder (Annex C):
6.2.1. Initial Screening of Proposal - The IACBGR, through the
Technical Secretariat, shall undertake an initial screening of the
research proposal to determine whether the research/project activity
is within the coverage of EO 247.
6.2.2. Submission of Other Requirements - Upon determination by
the IACBGR, through the Technical Secretariat, that the proposed
research/project undertaking is within the coverage of EO 247, the
Principal/Collector shall submit additional documents based on the
checklist to be provided by the TS and other requirements as may be
required depending on the nature of the bioprospecting activity to
be undertaken. Also, the Principal/Collector shall submit a copy of
the research proposal to the recognized head of the IP, Municipal or
City Mayor of the Local Government Unit, PAMB or Private Land Owner
concerned for the required PIC Certificate;
6.2.3. Submission of the PIC Certificate - The
Principal/Collector shall submit to the IACBGR, through the Technical
Secretariat, a PIC Certificate signed by the recognized head of the
IP, Municipal or City Mayor of the Local Government Unit, PAMB, or
Private Land Owner concerned, together with proof/s of public
notification and/or sectoral consultation, as the case maybe,
pursuant to Section 7 hereof. In the case of applications for an
ARA, the applications may be processed and ARA may be executed
without the PIC Certificate; Provided, that the Principal/Collector
shall secure the PIC Certificate prior to commencement of actual
biopropspecting activity in accordance with Section 7.2 hereof;
6.2.4. Initial Review and Evaluation of the Application and
Documents - The Technical Secretariat shall conduct initial review
and evaluation of the application and documents, and shall submit
the evaluation results including the draft Research Agreement to the
IACBGR for final evaluation within 30 days from receipt of all
requirements from the Principal/Collector;
6.2.5. Final Evaluation - The IACBGR shall conduct final
evaluation and submit its recommendation to the agency concerned
after receipt of the documents from the Technical Secretariat;
6.2.6. Approval - The Secretary of the Agency concerned shall
approve the Research Agreement favorably recommended by IACBGR.
6.2.7. Transmittal - The Agency concerned shall transmit the
signed Research Agreement to the Technical Secretariat who shall
furnish a copy to the Principal/Collector, IP, Local Community, PAMB
or Private Land Owner concerned.
SECTION 7 — PRIOR INFORMED CONSENT (PIC)
Prospecting of biological and genetic resources shall only be
allowed with the PIC of the concerned IPs, LCs, PAMBs and Private
Land Owners.
7.1. PIC for Commercial Research Agreement. -The
Principal/Collector must secure the PIC Certificate from the
concerned IPs, Municipal or City Mayor of the Local Government Unit,
PAMB or Private Land Owners as a requirement in the processing of
and prior to approval of the CRA, following the procedure (Annex D)
hereunder enumerated:
7.1.1. Public Notification. - The Principal/Collector shall
inform the IPs, LCs, PAMB or Private Land Owners concerned through
various media such as, but not limited to, newspaper, radio or
television advertisements that the Principal/Collector intends to
conduct bioprospecting within their particular areas, fully
disclosing the activity to be undertaken; that copy/ies of a summary
of the research proposal fully disclosing the activity has been filed
with the recognized head of the IP, Municipal or City Mayor of the
Local Government Unit, PAMB or Private Land Owner concerned, and an
application for Research Agreement has been filed with the IACBGR
through the Technical Secretariat;
7.1.2. Sector Consultation. - the Principal/Collector shall call
for a community assembly, notice of which shall be announced or
posted in a conspicuous place in the area where bioprospecting shall
be conducted, at least a week before said assembly. The
Principal/Collector shall likewise furnish the recognized Head of
the IP, Municipal or City Mayor of the Local Government Unit, PAMB
and Private Land Owners concerned, a copy/ies of a brief summary or
outline of the research proposal in a language or dialect
understandable to them stating therein the purpose/s,
methodology/ies, duration, species/ specimen and number/quantity to
be used and/or taken, equitable and reciprocal benefits to parties
concerned before, during and after the duration of the approved
bioprospecting activity and a categorical statement that said
activity to be conducted in their area/s will not in any way affect
their traditional use of the resources. Where IPs are concerned, the
proposal shall be coursed through or taken up in accordance with
their customary laws/ traditions/practices.
7.1.3. The recognized head of IPs, Municipal or City Mayor of the
Local Government Unit, PAMB or Private Land Owner concerned shall
issue the PIC Certificate upon compliance with Sections 7.1.1 and
7.1.2 hereof. Provided, however, that no PIC Certificate shall be
issued until after 60 days have lapsed since the submission of the
proposal pursuant to Section 4 of EO 247;
7.1.4. A representative/s of the IACBGR and/or non-government
organizations/people's organizations may participate in the conduct
of activities provided for under Sections 7.1.1 and 7.1.2 hereof, and
shall sign as witnesses in the PIC Certificate.
7.2. PIC for Academic Research Agreement. - The Principal must
ensure that its affiliates have secured the necessary PIC
Certificates from the concerned IPs, Municipal or City Mayor of the
Local Government Unit, PAMB or Private Land Owner prior to
commencement of actual bioprospecting activity, following the
procedure hereunder enumerated:
7.2.1. Public Notification. - the Principal/Collector or its
affiliate shall inform the IPs, Local Communities, PAMB or Private
Land Owners concerned through various media advertisements or direct
communication that the Principal/Collector intends to conduct
bioprospecting within their particular areas, fully disclosing the
activity to be undertaken; and that copy/ies of a summary of the
research proposal fully disclosing the activity has been filed with
the recognized head of the IP, Municipal or City Mayor of the Local
Government Unit, PAMB or Private Land Owner concerned; and that an
application for Academic Research Agreement had been filed with the
IACBGR through the Technical Secretariat, or that, an Academic
Research Agreement exists between the Principal/Collector and the
agency concerned;
7.2.2. Sector Consultation. - The Principal/Collector or its
affiliate shall call for a community assembly, notice of which shall
be announced or posted in a conspicuous place in the area where
bioprospecting shall be conducted, at least one week before said
assembly. The
Principal/Collector or its affiliate shall likewise furnish the
recognized head of IP, Municipal/City Mayor of the Local Government
Unit, PAMB and Private Land Owner concerned, a copy/ies of a brief
summary or outline of the research proposal in a language or dialect
understandable to them stating therein the purpose/s,
methodology/ies, duration, species/specimen and number/quantity to be
used and/or taken, equitable benefits, if any, to parties concerned,
and a categorical statement that said activity to be conducted in
their area/s will not in any way affect their traditional use of the
resources;
7.2.3. The recognized head of IPs, Municipality/City Mayor of the
Local Government Unit, PAMB or Private Land Owner concerned shall
issue the PIC Certificate upon compliance with Sections 7.2.1. and
7.2.2. hereof. Provided, further, that opposition/protest has been
brought to his attention against the proposal for bioprospecting by
concerned members of the communities; Provided, further, that
issuance of PIC Certificate shall be made only after 60 days from the
submission of the proposal pursuant to Section 4 of EO 247;
7.2.4. A representative/s of the IACBGR and/or non-government
organizations/people's organizations may participate in the conduct
of activities provided for under Sections 7.2.1. and 7.2.2. hereof,
and shall sign as witnesses in the PIC Certificate.
7.2.5. Undergraduate, masteral and doctorate students carrying
out researches strictly for the purpose of complying with academic
requirements and who do not receive any funding from a commercial
entity need not comply with Sec. 7.2.2. Provided that where there is
a request for a sector consultation on the basis of the proposal, the
Principal/Collector or its affiliate shall ensure that such shall be
conducted and witnessed by representative/s of the IACBGR and/ or
NGOs/POs.
7.3. PIC Certificate. - The PIC Certificate (Annex E) shall be
submitted by the Principal/Collector to the IACBGR, through the TS,
together with proofs of compliance with Sections 7.1 and 7.2 hereof.
SECTION 8 — MINIMUM TERMS AND CONDITIONS OF A RESEARCH
AGREEMENT
8.1. General Terms and Conditions of a Research Agreement. - The
following terms and conditions shall apply to both the Academic
Research Agreement and Commercial Research Agreement:
1) The Principal/Collector shall ensure that animals collected
from the wild and/or transported outside the country are free from
any diseases that can pose danger to the health and asfety of human
and other living organisms;
2) A complete set of all voucher specimens collected shall be
deposited with the National Museum of the Philippines (NMP) or duly
designated entity in the area, provided that holotypes, properly
labeled and preserved, are retained at the NMP;
3) A complete set of all living specimens collected, shall be
deposited in mutually agreed and duly designated depositories, i.e.,
National Plant Genetic Resources Laboratory (NPGRL) of the Institute
of Plant Breeding (IPB) for agriculture species; Ecosystems Research
and Development Bureau (ERDB) for forest species, and in the National
Institute of Biotechnology and Applied Microbiology (NIBAM) for
microorganisms;
4) All Filipino citizens and any Philippine governmental entities
shall be allowed complete access to specimens deposited at an
internationally recognized ex-situ depository or genebank; Provided
that, access to these materials and documents shall be governed by
International Agreement consistent with the Convention on Biological
Diversity, the FAO International Undertaking on Plant Genetic
Resources, and other international agreements to which the
Philippines is a party thereof;
5) Exportation of biological and genetic resources shall be
subject to strict quarantine procedures, existing CITES rules and
regulations on exportation and other applicable rules and
regulations;
6) Exportation of varieties, lines, strains, and planting
materials for scientific or international germplasm exchange purposes
shall be governed by the provision of Article 42, Section 5 of the
IRR of the Seed Industry Development Act of 1992, Republic Act No.
7308;
7) Transport of collected biological and genetic resources shall
be subject to a transport or postal clearance/permit secured from the
concerned government agency;
8) A quarterly report of the collections made, indicating the
kind and quantity of the biological and/or genetic
material/resources/specimens collected, and semi-annual progress
reports, including the ecological condition/state of the study area/s
and/or species and research results shall be submitted to the IACBGR
through its Technical Secretariat; Provided that, the concerned
parties shall take all the necessary and reasonable steps to ensure
the confidentiality of information and relevant data mutually agreed
to be regarded as such;
9) All discoveries of commercial product/s derived from
Philippine biological and genetic resources shall be made available
to the Philippine government and local communities concerned.
10) The Principal shall submit a list of Philippine species that
have already been collected, utilized or are currently developing,
including database and other information, such as the year, area of
collection and collector; and shall also provide a list of private
and government museums, herbaria, zoos, breeding farms and ranches
and any other institution that have used or are currently using
Philippine species and their database and information as required by
the agency concerned;
11) All immediate, medium and long term benefits resulting
directly or indirectly from the bioprospecting activities conducted,
shall be shared equitably and upon mutual consent among the
Philippine government, communities concerned and the principal;
12) All bioprospecting researches, including technological
development of a product derived from the collected biological and/or
genetic resources, by any foreign individual, entity, etc. shall be
conducted in collaboration/cooperation with the Philippine scientists
from the government agency concerned, Philippine universities or
academic institutions and/or other agencies, whether government or
non-government or in an affiliate capacity with a Principal which is
a duly-recognized Philippine university, academic institution,
domestic governmental entity and/or intergovernmental entity. All
expenses to be incurred for the purpose by the Philippine scientists
shall be borne by the Collector;
13) In instances where technology/ies are developed from the
conduct of Research on Philippine endemic species, the Principal
shall make available to the Philippine government, through a
designated Philippine institution, the use of such technology,
commercially and locally without paying royalty to the Principal.
Provided, however, that where appropriate and applicable, other
agreements may be negotiated by the parties. Provided, further, that
in case of germplasm exchange the technology shall be shared with the
collaborating National Agricultural Research systems in line with the
mission statement of such center in accordance to the protocol under
the International Law thereof;
14) A separate agreement shall be made for the transfer of
royalty, benefits, technology and agreements; Provided that, said
benefit sharing agreement must ensure that benefits and results
received shall also accrue to the benefit of the Local
Communities/IPs/PAs concerned and be allocated for conservation
measures;
15) A bioprospecting fee as determined by the IACBGR shall be
paid by the Principal upon approval of the Research Agreement.
16) The ownership of all biological and genetic resources shall
remain with the state.
17) Where the commercial or academic collector is merely an agent
or merely collecting for another person or entity, the agreement
between the collector and the principal must be reviewed by the
IACBGR to ensure that the said agreement does not undermine the
substantive requirements of EO 247;
8.2. Specific Terms and Conditions of a Commercial Research
Agreement (CRA). - The following specific terms and conditions shall
apply to a CRA:
1) Only the kind and quantity of biological and genetic resources
listed/specified in the CRA shall be collected. Collection shall be
made only in designated collection sites. Any changes in the
quantity or collection area shall be made only upon written request
of the collector and/or Principal subject to the approval of the
Secretary of the Agency/PAMB concerned;
2) In the event that a technology or a commercial product is
developed and marketed out of the biological and/or genetic
resources/specimens collected in the Philippines, an equity or
remittance, in the amount to be mutually agreed upon by the parties
concerned, shall be equitably shared with the Philippine government,
or with the Integrated Protected Areas Fund (IPAF) if the materials
or resources come from the PAs or with the concerned IP, local
community who gave the PIC and with the individual person who
modified such material or resource that came from private
property;
3) The Principal shall donate some of the equipment used in the
conduct of the research to the Philippine government agency,
institutions or universities concerned;
4) The Principal shall submit a performance, compensation,
ecological rehabilitation bond to be deposited in favor of the
government and the amount be determined by the IACBGR in accordance
with the extent and scope of the project;
5) The CRA shall be valid and effective for a period of three (3)
years, and may be renewed by the concerned Agency, subject to review
and recommendation by the IACBGR. A separate agreement shall be drawn
between the Principal and the Government Agency concerned regarding
payment of royalties.
8.3. Specific Terms and Conditions of an Academic Research
Agreement (ARA). - The following specific terms and conditions shall
apply to an ARA:
1) The ARA may be comprehensive in scope, and may cover, at the
maximum, four administrative regions as may be projected;
2) Any scientist/researcher who is an affiliate of a
duly-recognized university, academic institution, domestic
governmental and/or intergovernmental entity with a valid ARA with
the concerned government agency, shall be allowed to undertake the
research under the aegis of the said ARA subject to the acquisition
of a PIC Certificate from the communities/PAMB concerned. Provided
that the terms and conditions stipulated in the said ARA are complied
with by the affiliated scientist or researcher: Provided further,
that the principal shall duly inform the IACBGR of the research to be
conducted by its affiliate/s;
3) The principal applying for an ARA must include as part of its
application a Code of Conduct to be prepared by the IACBGR which
shall govern subsequent bioprospecting activity to be undertaken by
collector/s affiliated with it;
4) The principal with an existing ARA shall be bound to enforce
the Code of Conduct referred to in Section 8.3.3. Failure to
enforce said Code of Conduct shall merit cancellation of the ARA;
5) Data or materials collected under an ARA shall be for the
exclusive use of the Parties thereof and shall not in any manner be
transferred to other commercial groups or institutions unless the
agreement is reclassified as a CRA. Provided, however, that the
institutions shall have to present their data, in thesis or open
publications;
6) In case the academic research being conducted has potential
commercial prospects, as determined by IACBGR, a CRA shall be applied
for by the Principal and drawn between the parties concerned;
7) The ARA shall be valid for a period of five (5) years and may
be renewed upon review and recommendation by the IACBGR.
SECTION 9 — RESCISSION OF THE RESEARCH AGREEMENT
9.1. When the PIC Certificate has been obtained and a Research
Agreement has been entered into by the proper parties, subsequent
recantation by the concerned IPs, Municipal or City Mayor of the
Local Government Unit, PAMB or Private Land Owner of the PIC
Certificate shall not be a cause for rescission of the Research
Agreement unless it is based on any of the following lawful
causes:
1) That the consent of the IPs was obtained thru fraud, stealth,
false promises and/or intimidation;
2) That the continuance of the Research Agreement shall impair
the rights of the IPs to the traditional uses of biological
resources;
3) That the continuance of the Research Agreement is against
public interest and welfare;
9.2. The parties may rescind the Research Agreement should the
other party violate any of the terms and conditions therein
stipulated.
9.3. The Principal concerned has the right to apply for a
rescission of the Research Agreement on the grounds of bankruptcy,
force majeure and security problems. Provided, that in the case of
bankrupcy, all bonds shall be forfeited and all equipment, materials
and knowledge shall be transferred to the institutions previously
identified in the Research Agreement. In case of force majeure or
security problem, an alternative site for collection may be provided,
subject further to the submission of PIC Certificate.
SECTION 10 — INTER-AGENCY COMMITTEE ON BIOLOGICAL
AND GENETIC RESOURCES (IACBGR)
10.1. Composition of the IACBGR. - The IACBGR shall be attached
to the DENR and its members shall comprise the following:
10.1.a An Undersecretary of the Department of Environment and
Natural Resources designated by the DENR Secretary who shall be the
Chairperson of the Committee;
10.1.b An Undersecretary of the Department of Science and
Technology (DOST) designated by the DOST Secretary who shall be
Co-Chairperson of the Committee;
10.1.c A permanent representative of the Secretary of the
Department of Agriculture, who must be knowledgeable about
biodiversity or biotechnology;
10.1.d Two permanent representatives of the Philippine science
community from the academe and who must be experts in any of the
following fields: biodiversity, biotechnology, genetics, natural
products chemistry or similar disciplines;
10.1.e A permanent representative of the Secretary of the
Department of Health who must be knowledgeable about pharmaceutical
research and development, with emphasis on medicinal plant/herbal
pharmaceudynamics;
10.1.f A permanent representative of the Department of Foreign
Affairs who has to facilitate international linkage relative to
bioprospecting;
10.1.g A permanent representative of the National Museum who has
expertise on natural history and/or biological diversity;
10.1.h A representative from Non-Government Organization (NGO)
active in biodiversity protection;
10.1.i A representative from a People s Organization (PO) with
membership consisting of indigenous cultural communities/indigenous
peoples and/or their organizations.
10.2. Duties and Functions of the IACBGR.
10.2.a Process applications for Research Agreements and
recommend for approval thereof to the Secretary of DENR, DOH, DA or
DOST depending on the nature and character of the bioprospecting
activity;
10.2.b Ensure that the conditions for the Research Agreements
are strictly observed as provided for in Section 8 hereof;
10.2.c Determine the list and amount of biological and genetic
materials that may be taken from the area and ensure that these are
complied with;
10.2.d Deputize and train appropriate agencies so as to ensure
that no biological and genetic materials are taken from the
Philippines and exported abroad except under a valid Research
Agreement. It shall be also ensured that the specimens collected have
been deposited in the designated depository in the Philippines;
10.2.e Ensure that the rights of the indigenous cultural
communities/indigenous peoples and local communities wherein the
collection or researches being conducted are protected, including the
verification that the PIC requirements in Section 7 are complied
with. The IACBGR, after consultations with the affected sectors,
shall formulate and issue guidelines implementing the provision on
PIC;
10.2.f Study and recommend to the President and the Congress
appropriate laws on the utilization of biological and genetic
resources including new laws on intellectual property rights;
10.2.g Involve local scientists in the decision making process
by creating a Multi-Disciplinary Advisory Board and other entities
as may facilitate local involvement in the research, collection and
utilization of biological and genetic resources;
10.2.h Develop a conceptual framework, using the Research
Agreements entered into as well as other data as basis, for
significantly increasing knowledge on Philippine biodiversity. The
IACBGR shall establish mechanisms to ensure the integration and
dissemination of the information generated from research, collection
and utilization activities;
10.2.i Coordinate with the National Committee on Biosafety in the
Philippnes (NCBP) when necessary or appropriate;
10.2.j Issue rules and regulations to effectively carry out the
provisions of this Implementing Rules and Regulations;
10.2.k Perform such other functions as may be necessary to
implement these Implementing Rules and Regulations.
10.3. Roles and Functions of IACBGR Member-Agencies. -
10.3.1. Department of Agriculture (DA)
The DA shall:
a) Through the Bureau of Agricultural Research (BAR), assist in
the review and evaluation of proposals in the areas of agricultural,
fishery, and other resources which management falls within its
jurisdiction;
b) Create a multi-disciplinary committee that will evaluate the
proposals on bioprospecting in agriculture and fishery concerns and
recommend for further evaluation to the IACBGR;
c) Through the Secretary, sign/approve Research Agreements
concerning prospecting of agricultural and fishery biological and
genetic resources;
d) Through BAR, monitor and evaluate the implementation of the
Research Agreements the agency entered into.
e) Formulate policies and issue permits relative to the
acquisition, importation and exportation of agricultural and fishery
commodities on biological prospecting and genetic resources not
covered in this IRR.
10.3.2 Department of Foreign Affairs (DFA)
The DFA shall:
a) Serve as the lead agency in the negotiation of Commercial
Research Agreements with foreign entities. It shall consult and
seek the advice of the IACBGR on the advisability or non-advisability
of entering into an Agreement;
b) Through its embassies and missions abroad, assist in
monitoring the implementation of Research Agreements with foreign
entities and inform the IACBGR of a breach of agreement committed by
said entities which shall thereafter act on it;
c) Ensure that the Research Agreements entered into and their
implementation are in accord with international standards and do not
conflict with the Philippine's international obligations;
d) Serve as the link to international activities on
biological and genetic resources. It shall periodically apprise
the IACBGR of recent developments on the UN Convention on Biological
Diversity. It shall inform the IACBGR of relevant meetings and
conferences, and shall take the lead in coordinating Philippine
positions for said meetings.
10.3.3. Department of Science and Technology (DOST)
The DOST shall:
a) Thru PCARRD and PCAMRD, assist in the review and evaluation
of proposals in the areas of germplasm collection, documentation,
conservation, evaluation and utilization and related bioprospecting
activities;
b) Thru PCARRD and PCAMRD, assist in the identification,
assessment and involvement of local and international institutions
that may wish to be part of bioprospecting activities;
c) Thru the Secretary or his authorized representative,
sign/approve Research Agreements concerning germplasm collection,
documentation, conservation, evaluation and utilization, and related
bioprospecting activities;
d) Thru PCARRD and PCAMRD, monitor and evaluate the
implementation of the Research Agreements the agency entered
into;
e) Through PCARRD in collaboration with the NPGRL of the IPB,
and the PCAMRD in collaboration with the National Marine Science
Institute, be responsible in setting directions and formulating
policies on plant aquatic and marine genetic resources.
10.3.4. Department of Health (DOH)
The DOH shall:
a) Thru the Traditional Medicine Unit (TMU), assist in the
review and evaluation of research proposals in the areas of
pharmaceutical/ medicinal research and development, including the
utilization of extracts, products and by-products and derivatives for
commercial and academic purposes;
b) Thru the Secretary or his authorized representative,
sign/approve Research Agreements relative to activities on
pharmaceutical/medicinal research and development, including the
utilization of extracts, products and by-products and derivatives for
commercial and academic purposes;
c) Thru the TMU, monitor and evaluate the implementation of the
Research Agreements the agency entered into;
d) Thru the TMU, coordinate all research activities related to
medicinal plants and act as a screening body to prevent duplication
of proposals by keeping a database on these proposals;
e) Thru the TMU, enforce the protection of our medicinal plants
from unauthorized exploitation by chanelling appropriate action to
the appropriate government agencies.
10.3.5. Department of Environment and Natural Resources (DENR)
The DENR shall:
a) Act as the primary government agency responsible for the
implementation and enforcement of EO 247 and its Implementing Rules
and Regulations;
b) Thru PAWB and/or ERDB, assist in the review and evaluation
of research proposals pertaining to terrestrial wildlife;
c) Thru the Secretary or his authorized representative,
sign/approve Research Agreements relative to proapecting of wildlife
resources which management falls within its area of jurisdiction;
d) Thru PAWB and/or ERDB, monitor and evaluate the
implementation of the Research Agreements the agency entered
into.
e) Thru the PAWB Director, act as Chairman of the Technical
Secretariat of the IACBGR and lead in the performance of the
functions of the TS as stipulated under Section 11.2 hereof;
f) Thru PAWB, serve as the central depository of all documents
relative to bioprospecting.
10.3.6. National Museum of the Philippines (NMP)
The NMP shall:
a) Assist in the review and evaluation of proposals submitted to
the IACBGR;
b) Assist in the monitoring and evaluation of the
implementation of the Research Agreements as may be requested by
other member-agencies concerned;
c) Act as the official depository of holotypes, properly
labelled and preserved, including voucher specimens collected as
indicated in the Research Agreement;
10.3.7. Non-Government Organizations (NGOs)
The NGOs shall:
a) Thru their representative in the IACBGR, assist in the
review and evaluation of proposals submitted to the IACBGR;
b) Thru their representative in the IACBGR, assist in the
monitoring and evaluation of the implementation of the Research
Agreements;
c) Thru the Sub-Committee on Biodiversity (SCB) of the
Philippine Council for Sustainable Development (PCSD), assist in
disseminating information and raising awareness of communities and
civil society on the provisions of the Executive Order in particular
and on bioprospecting issues in general; and,
d) Either thru their representative in the IACBGR or through
their own initiative, shall monitor the conduct of community
consultations and the process followed in obtaining the PIC
Certicate.
10.3.8. People s Organizations (POs)
The POs, consisting of Indigenous Cultural
Communities/Indigenous People and/or their organizations, shall:
a. Thru their representative in the IACBGR, assist in the review
and evaluation of proposals submitted to the IACBGR;
b) Thru their representative in the IACBGR, assist in the
monitoring and evaluation of activities as stipulated in the Research
Agreement;
c) Thru the SCB of the PCSD, assist in disseminating
information and raising awareness of communities and civil society
on the provisions of the Executive Order in particular and on
bioprospecting issues in general; and,
d) Either thru their representative in the IACBGR or through
their own initiative, monitor the conduct of community consultations
and the process followed in obtaining the PIC Certificate.
10.4. Designation of IACBGR Members. - The Secretary of the
concerned government agency shall designate its representative to the
IACBGR. Representatives of the Philippine science community from the
academe shall be designated by the DOST Secretary after nomination
from and consultations with the science community. Representatives of
the NGOs/POs shall be nominated through a process designed by
themselves and later endorsed by the PCSD.
An alternate representative for each of the IACBGR members shall
be designated to ensure continuity of the participation of the
concerned agency. Said alternate shall participate only in the
absence of the permanent member.
10.5. Term of Office and Compensation. - IACBGR members shall
serve for a period of three years, renewable for another three years.
They shall be entitled to actual and necessary travelling,
subsistence and other expenses incurred in the performance of their
duties. Provided that in case of death, resignation, removal or other
circumstyance which requires the replacement of a member, said member
may be succeeded by another person with the same qualifications and
appointed in a similar process. The replacement shall serve the
unexpired term of the member replaced.
10.6. Meetings. - The IACBGR shall meet at least once every
quarter. Provided that the Chairperson may call special meetings as
deemed necessary. The IACBGR shall formulate guidelines on calling
special meetings and how they should be conducted. A quorum shall
consist of a majority of the IACBGR members. All decisions of the
IACBGR must be by a majority of all its members.
10.7. Minutes of the Meeting. - Minutes of the IACBGR meetings
shall be prepared by the Technical Secretariat created under Section
6 of said EO, and approved by the Chairperson of the IACBGR within
seven days of the meeting.
SECTION 11 — TECHNICAL SECRETARIAT OF THE IACBGR
11.1. Technical Secretariat.- There shall be created a
Technical Secretariat (TS) to support the IACBGR. The Technical
Secretariat shall be chaired by the Director of the Protected Areas
and Wildlife Bureau (PAWB) or his duly authorized representative. It
shall be staffed with personnel from the PAWB and other
designated personnel from IACBGR member-agencies
An alternate representative of each of the members of the TS shal
be designated to ensure continuity of the partcipation of the
concerned agency.
11.2. Functions of the Technical Secretariat. - The TS shall
have the following functions:
a. Sign notices of IACBGR meetings, serve as Secretariat during
said meetings and prepare minutes of the meetings; and,
b. Undertake initial screening of proposals, sign IACBGR Form I
and refer the proposals to agency concerned if the proposed
research/project activity is not within the coverage of EO 247;
c. Conduct initial review and evaluation of
bioprospecting applications and documents;
d. Prepare evaluation results , draft Research Agreement
and submit same to the IACBGR for final evaluation;
e. Furnish concerned parties with copies of signed Research
Agreements;
f. Establish a mechanism to ensure the integration and
dissemination of the information generated from the research,
collection, and utilization activities;
g. Perform such other functions as may be assigned by the IACBGR.
SECTION 12 — MONITORING AND IMPLEMENTATION OF THE RESEARCH
AGREEMENT
12.1. The monitoring of the Research Agreement shall be conducted
by the respective member agencies using a standard monitoring scheme
to be devised by the IACBGR for the purpose;
12.2. The IACBGR Monitoring Team shall be headed by the
Technical Secretariat with the participation of the concerned PAMB
and/or regional offices of the member agencies of IACBGR. The Team
shall be responsible in establishing a mechanism to ensure the
integration and dissemination of the information generated
fromresearch, collection, and utilization activities;
12.3. A separate Monitoring Team headed by the IACBGR through
DOST and DFA, shall monitor the progress of the research,
utilization, commercialization done out of the country.
SECTION 13 — APPEALS
13.1. Decisions of the concerned Secretary regarding
approval, disapproval and/or rescission of the Research Agreement may
be appealed to the Office of the President within 30 days from
receipt of such decision, otherwise, said decision shall be final.
Recourse to the courts shall be allowed after exhaustion of all
administrative remedies.
SECTION 14 — SANCTIONS AND PENALTIES
14.1. Any act of bioprospecting without the required Research
Agreement and/or PIC Certificate as mandated under E.O. 247 shall be
subject to criminal prosecution as may be proper under existing laws,
including NIPAS Law of 1992 (R.A. 7586) and the Revised Forestry Code
(PD 705), as amended.
14.2. Where the violator is a juridical person, its Head,
President or General Manager shall be held liable therefor.
14.3. Non-compliance with the provisions stipulated in the
Research Agreement shall result to the automatic
cancellation/revocation of said agreement and confiscation of
collected biological and genetic specimens in favor of the
government, forfeiture of bond, and imposition of perpetual ban on
prospecting of biological and genetic resources in the Philippines,
without prejudice to the imposition of administrative sanctions by
the concerned agency. The violation committed shall be published in
national and international media, and shall be reported by the IACBGR
to the Secretariats of international agreements/treaties and regional
bodies.
SECTION 15 — TRANSITORY PROVISIONS
15.1. All existing researches, contracts and agreements entered
by DENR, DA, DOH, DOST, and other government agency with any
person/institutions, foreign or local, shall likewise remain valid
and effective, provided that a new agreement conforming with this
Order shall be entered into between the parties concerned;
15.2. All existing agreements relative to bioprospecting within
protected areas shall be reviewed and ratified by the PAMB concerned.
The PAMB shall decide whether these agreements warrant amendment or
not. In either case, the parties shall enter into a new agreement to
conform with the provisions of EO 247.
SECTION 16 — FUNDING
16.1. The activities of the IACBGR shall be funded in accordance
with law. Such funding, where allowed by law, may include savings
coming from the appropriate and concerned Departments and proceeds
from the fees imposed on the Research Agreements. The fund shall be
administered by DENR-PAWB through a trust fund, thereafter, all
IACBGR member-agencies shall allocate an annual appropriation to
finance the activities of IACBGR. In case of PAs, such fees shall
accrue to the IPAF in accordance with Section 16 of R.A. 7586.
SECTION 17 — GENERAL PROVISIONS
17.1. Amendment. - This Order may be amended wholly or in
part by the Secretary through public notification.
17.2. Repealing Clause. - This Order repeals, modifies or amends
accordingly all previous orders, memoranda, circulars and other
issuances inconsistent herewith.
17.3. Effectivity. - This Order shall take effect fifteen (15)
days after its complete publication in two(2) newspapers of general
circulation.
VICTOR O. RAMOS
Secretary
