Comment/Recommendation

This has reference to your request for comment and recommendation

regarding the MOA regarding Memorandum of Agreement between DENR
and OCEANAGOLD as a requirement for the grant of a gratuitous permit for
the conduct of scientific research and biodiversity assessment of the flora
within the area of Kasibu, Nueva Vizcaya.
The Joint DENR-DA-PCSD Administrative Order no.01 dated May 18,
2004 which is the Implementing Rules and Regulations (IRR) of Republic Act
9147 otherwise known as the Wildlife Resources Conservation and Protection
Act of 2001 specifically laid down the minimum terms and conditions that
must be contained in the Affidavit of Undertaking or Memorandum of
Agreements which must be executed before Collection and utilization of
biological resources for scientific research and not for commercial purposes
shall be allowed; to wit:
Section 15. Scientific Researches on Wildlife.
Collection and
utilization of biological resources for scientific research and not for
commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by
the Secretary or the authorized representative: Provided, That prior
clearance from concerned bodies shall be secured before the issuance
of a gratuitous permit: Provided, further, That the last paragraph of
Section 14 shall likewise apply.
Rule 15.1 The collection of wildlife for scientific research shall
require the prior execution of an Affidavit of Undertaking by the
applicant or a Memorandum of Agreement (MOA) between
the Secretary or the Council and the proponent, and the
issuance of a Gratuitous Permit (GP) by the Secretary or the
Council. The MOA and GP shall, as far as practicable, be signed
and issued within one month after submission and completion of
all requirements.
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Rule 15.4 The Affidavit of Undertaking or Memorandum of
Agreement shall contain the following minimum terms and
conditions:

a. Spin-off technology shall not be developed out of the results of

the scientific study, research, thesis or dissertation;
b. Intellectual property rights over the results shall not be
applied for without the prior approval of the concerned agency;
c. The proponent shall submit to the concerned agency at the
conclusion of the research, the results and the recommended
plan of action, whenever applicable; and,
d. The Animal Welfare Protocol shall be observed as the case
may be.
In view of the above-mentioned provision we recommend that said
minimum terms and conditions must be incorporated in the Memorandum of
Agreement which the DENR intends to execute with OCEANAGOLD of Kasibu,
Nueva Vizcaya.
It is also recommended that the MOA shall indicate the action to be
taken in cases where the identity the flora subject of the research cannot be
identified. The action to be taken shall specify the place where this
unidentified flora shall be delivered for further study.
Please also include in the obligation of OceanaGold proper observance
of the Labor Laws and other social legislation with respect to all persons
employed in the conduct of such research activity.
In order to know the area limitation for the conduct of such research
we further recommend that it shall be indicated with particularity the specific
area/place within which the research activity shall be performed.
Make it sure that the person signing the MOA in behalf of the
OCEANAGOLD was the one duly authorized. This is for the assurance that the
MOA will bind the proponent of the activity to be conducted.
This comment/recommendation was made with the understanding
that the execution of the subject MOA was a requirement for the issuance of
a gratuitous permit for the conduct of scientific research and biodiversity
of flora only.

ATTY. ISMAEL MANALIGOD