Regional or National Measures

Philippines

ABS Measures

Main ABS Elements

ABS Element

Official Title of the Measure
Description	Relevant articles and sections

Competent National Authority

Executive Order 247 Guidelines on Bioprospecting
Inter-Agency Committee on Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB) (research agreements)	Section 4
Role	Section 7

Scope

Guidelines for Bioprospecting Activities in the Philippines
Bioprospecting activities	Section 2
Implementing Rules and Regulation (IRR) of Republic Act No. 9147 - Wildlife Resources Conservation and Protection Act
All wildlife species, including exotic species	Section 3
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
All wildlife species, including exotic species	Section 3

Prior Informed Consent (PIC) Procedures

Executive Order 247 Guidelines on Bioprospecting
Research agreements (commercial and non-commercial use)	Section 4-5
Guidelines for Bioprospecting Activities in the Philippines
Guidelines for PIC	Section 13
PIC certificate	Annex IV
Implementing Rules and Regulation (IRR) of Republic Act No. 9147 - Wildlife Resources Conservation and Protection Act
Collection and/or possession of by-products and derivatives	Section 9 (Rule 9.1)
Republic Act No. 8371: The Indigenous Peoples Rights Act of 1997
Access in ancestral lands and domains	Section 35
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
Collection of wildlife	Sections 6-7
PIC for bioprospecting	Section 14
Rules and Regulations Implementing Republic Act No. 8371, otherwise known as the "Indigenous Peoples' Rights Act of 1997"
Activities subject to PIC	Rule IV (Part III) (Section 7) (a-b)

Mutually Agreed Terms (MATs)

Executive Order 247 Guidelines on Bioprospecting
Minimum terms of agreement	Section 5
Guidelines for Bioprospecting Activities in the Philippines
Bioprospecting undertaking (agreement)	Section 6.1
Certificate of acceptance (of benefits)	Annex VII
Guidelines for benefit-sharing	Sections 14-22
Material transfer agreement	Annex II
Quota of allowable species/specimens to be collected	Annex III
Implementing Rules and Regulation (IRR) of Republic Act No. 9147 - Wildlife Resources Conservation and Protection Act
Terms for collection of wildlife	Section 7
Terms for scientific research on wildlife (non-commercial purposes)	Section 15
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
Collection permit	Section 20
Terms for scientific research on wildlife (non-commercial purposes)	Section 15

Compliance Mechanisms

Executive Order 247 Guidelines on Bioprospecting
Termination of permit	Section 5(f)
Guidelines for Bioprospecting Activities in the Philippines
Certificate of compliance to collection quota	Annex VIII
Compliance to proper procurement of PIC	Annex VI
Monitoring	Sections 23-27
Sanctions and remedies	Sections 30-31
Republic Act No. 8371: The Indigenous Peoples Rights Act of 1997
Punishable acts and applicable penalties	Section 72-73
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
Illegal acts and penalties	Section 27(f), 28
Rules and Regulations Implementing Republic Act No. 8371, otherwise known as the "Indigenous Peoples' Rights Act of 1997"
Penalties	Rule XI (Part II) (Section 1-3)
Punishable acts related to ancestral lands/domains	Rule XI (Part I) (Section 1) (b)

Traditional Knowledge Associated to Genetic Resources

Executive Order 247 Guidelines on Bioprospecting
Access to information of discoveries	Section 5(d)
PIC for access	Section 2, 5(m)
Royalty payments	Section 5(e)
Traditional use	Section 3
Republic Act No. 8371: The Indigenous Peoples Rights Act of 1997
Right to indigenous knowledge	Section 34
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
Traditional use	Section 7
Rules and Regulations Implementing Republic Act No. 8371, otherwise known as the "Indigenous Peoples' Rights Act of 1997"
Protection of biological and genetic resources	Rule IV (Section 17)

Other

Guidelines for Bioprospecting Activities in the Philippines
Checklist of process and content indicators	Annex V
Exemptions	Section 3
Terms and conditions	Annex I
Implementing Rules and Regulation (IRR) of Republic Act No. 9147 - Wildlife Resources Conservation and Protection Act
Definition of bioprospecting	Section 14
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
Access by foreign entities or individuals	Section 14

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