Introduction

The Philippines lies within the Coral Triangle, the most biodiverse
marine environment in the world.
The law only protects marine wildlife that are generally classified
as “threatened.” Threatened species are species with a conservation
status ranging from VU (Vulnerable), EN (Endangered), to CR (Critically
Endangered).
STATUS:
 Critically endangered species [CR] – facing extremely high risk of
extinction in the wild in the immediate future

 Endangered species [EN] – not critically endangered but whose

survival in the wild is unlikely if the causal factors continue
operating

 Vulnerable species [VU] – not critically endangered nor endangered

but is under threat from adverse factors throughout their range and
likely to move to the endangered category in the near future
Marine wildlife species and their IUCN
conservation status:

The IUCN (International Union for Conservation

of Nature and Natural Resources) Red List of
Threatened Species is the world's most
comprehensive inventory of the global
conservation status of plant and animal
species. The IUCN Red List is recognized as the
most authoritative guide to the status of
biological diversity.
RA 9147 or the Wildlife Resources
Conservation and Protection Act covers the
protection of all the wildlife resources of our
country, especially the threatened and exotic
species, as specified in Articles 2 and 3.

RA 8550 or the Philippine Fisheries Code

mandates the protection of threatened and
rare species as specified on Section 11.
The Philippine Constitution states:
Under the State Ownership of Natural Resources
(Regalian Doctrine) :
All lands of the public domain, waters xxx wildlife,
flora and fauna, and other natural resources are
owned by the State. (Const. Art. XII, Sec. 2, par. 1);
and

Under the State responsibility that:

The State shall protect the nation’s marine wealth in
its archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment to
Filipino citizens. (Const. Art. XII, Sec. 2, par 2)
 RA 7586 (1992): National Integrated Protected Areas
System (NIPAS) Act
“…National Integrated Protected Areas System (NIPAS),
which shall encompass outstandingly remarkable areas
and biologically important public lands that are habitats
of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, whether
terrestrial, wetland or marine, all of which shall be
designated as "protected areas".”
The Tañon Strait Protected Seascape (TSPS) was once
the largest marine protected area in the Philippines.
The waters off the municipality of Cagayancillo in Palawan
have just been declared a Marine Protected Area (MPA).
The MPA covers 1,013,340ha of coastal and offshore
waters, making it the largest one in the Philippines.
 RA 8550 (1998) Philippine Fisheries Code [Sec.
11, 97]
SEC. 11. Protection of Rare, Threatened and
Endangered Species. The Department shall declare
closed seasons and take conservation and
rehabilitation measures for rare, threatened and
endangered species…”

SEC. 97. Fishing or Taking of Rare, Threatened or

Endangered Species. It shall be unlawful to fish or
take rare, threatened or endangered species as listed
in the CITES (Convention on the International Trade of
Endangered Species of Flora and Fauna) and as
determined by the Department.
RA 9147 (2001) Wildlife Resources
Conservation and Protection Act
-Dedicated to the conservation of the country’s
wildlife resources and their habitat for
sustainability.
RA 8485 (1998) Animal Welfare Act
-Protects and promotes the welfare of all animals
in the Philippines.
RA 7160 (1991) Local Government Code
-Covers the implementation of fishery laws in
local governments.
 RA 8749 (1999) Clean Air Act
-Recognizes the responsibility of local government
units to deal with environmental problems
RA 9003 Ecological Solid Waste Management
Act
-Covers the implementation of a systematic,
comprehensive and ecological solid waste
management program.
PD 1586 Philippines Environmental Impact
Statement System
-Establishment of an environmental impact
statement system, including other environmental
management related measures and for other
United Nations Convention on the Law of the
Sea (UNCLOS) Part XIII
All States, irrespective of their geographical
location, and competent international organizations
have the right to conduct marine scientific research
subject to the rights and duties of other States as
provided for in this Convention.

Convention on the International Trade of

Endangered Species of Wild Flora and
Fauna (CITES)
An international agreement between governments
aimed at ensuring that the trade of wild animals
worldwide does not threaten their survival.
In general, the law prohibits the following on marine
wildlife:
Kill and destroy wildlife species, except: (1) for religious
rituals of established tribal or indigenous communities, (2)
if the wildlife species is afflicted with an incurable
communicable disease, (3) if it is necessary to end the
misery that the wildlife is going through, (4) to prevent a
danger to the life or limb of a human being, and (5) if
wildlife is killed or destroyed after being used in
authorized research or experiment.
Maltreat or Inflict injury that will impair the reproductive
system of the wildlife.
Dump waste, squat or otherwise occupy, burn, quarry, log,
or extract minerals in a critical habitat.
Transport and trade wildlife.
Collect, hunt, or possess wildlife and their derivatives.
Gather or destroy active nests, nest trees, host plants, and
Penalties range from 6 months to 12 years with fines
ranging from Php10,000 – P1,000,000 depending on
the status of the population of the threatened species.

The dugong and marine turtles are under the

jurisdiction of the Department of Environment and
Natural Resources.

All declared aquatic habitats and resources (except

for dugongs and turtles) are under the jurisdiction of
the Department of Agriculture- Bureau of
Fisheries and Aquatic Resources.
 Conservation of Marine Turtles in the
Philippines
FAO-193 (1998) BFAR: Ban on the
taking or catching, selling, purchasing
and possessing, transporting and
exporting of Whale Sharks and Manta
Rays
FAO 185 (1992) BFAR: Ban on the
taking or catching, selling, purchasing
and possessing, transporting and
exporting of Dolphins.
DAO 55 (1991) DENR: Declaring
MARINE TURTLES IN THE PHILIPPINES AND THEIR BIOLOGY
There are seven species of marine turtles in the world. Six of these species
are found in Southeast Asia. Five of these can be found in the
Philippines, namely: green turtle, hawksbill turtle, olive ridley turtle,
leatherback turtle, and loggerhead turtle. These sea turtles are
commonly called “Pawikan” in the Philippines. All marine turtles in the
Philippines are classified as endangered, except for the hawksbill turtle…
High nesting aggregations of …which is critically
green turtles are found in endangered.
Mindanao namely: Turtle
Islands Wildlife Sanctuary
(TIWS), Bancauan Island in
Mapun (formerly Cagayan de
Tawi-Tawi) and other islands in
the province of Tawi-Tawi, and
Panikian Island in Zamboanga
del Sur.
 a. Except in Regions 9 and 12, no new permits for
collecting, gathering, utilizing, possessing, transporting,
removing, and/or disposing of marine turtles, turtle eggs
and its by-products shall be issued.

b. In Regions 9 and 12, licenses of permits shall be issued by

the Bureau of Forest Development to collect, gather, utilize
and dispose of marine turtles, turtle eggs and its
by-products, provided that the allowable quantity shall be
specified in the permit by the Director of Forest
Development and provided, further, that such harvest, except
turtle eggs, shall be sold only to the BFD and BFAR and
such other agencies to be authorized by the Minister of
Natural Resources at prices duly prescribed.
The Government shall then utilize and dispose of
these harvests in support of the pawikan
conservation program particularly to assure the
immediate setting up of turtle sanctuaries and to
maintain and increase the breeding population.

Exports of marine turtles, turtle eggs and its

by-products thereof of whatever kind or state are
hereby banned.

Back
SECTION 1. Definition. - The terms used herein
shall be construed as follows:
c. Take or catch - includes the killing, capturing,
trapping, snaring and netting of whale shark and
manta rays.
d. Sell - includes barter, exchange, or offering or
exposing for sale.
e. Possess - means to have actual or constructive
possession or control thereof.
f. Transport - means to carry or move or cause to be
carried or moved.
g. Export - means to send or ship out of the country.
Whale shark (Rhincodon typus). The whale
shark is the largest fish. The whale shark has
a distinguishable checkerboard and spots
pattern on its body except in the ventral side.

Manta rays. The manta ray is the largest of

the batoid fishes.
SEC. 2. Prohibition. - It shall be unlawful to take or
catch whale shark and manta rays in Philippine
waters or to sell, purchase, possess, transport, or
export the same whether dead or alive, in any state
or form whether raw or processed.

It shall likewise, be unlawful to wound or to kill whale

shark and manta rays in the course of catching other
species of fish. Whale shark and manta rays which
are accidentally included in the catch by any gear
shall immediately be released unharmed in the
sea; otherwise the liability shall be deemed to still
Dead whale shark and manta rays which are drifted to
the seashore shall be surrendered to the nearest
Department of Agriculture (DA) Regional Field Unit
or Bureau of Fisheries Regional or Provincial Fishery
Office, as the case may be for proper disposition.

SEC. 3. Issuance of Permit to Conduct Research

and/or Collect Specimens for Research/Scientific
Purposes. - The Secretary or his duly appointed
representative, upon the recommendation of the Director
of the Bureau of Fisheries and Aquatic Resources (BFAR),
may issue a Special Permit in favor of any government or
private institution engaged in purely research workBack
on
whale shark and manta rays.
Taxonomy: The collective term “marine mammal” refers
to a group of animals that spends most or all of its life in
the marine habitat. They are represented by three
taxonomical orders: (1) Carnivora, (2) Cetacea, and (3)
Sirenia. Only the latter two are known to occur in the
Philippines. Cetaceans include whales and dolphins. The
only sirenian (sea cow) species in the Philippines is the
dugong.

Threats: These include hunting, by catch in nets, pollution

(solid waste, chemical, noise), habitat destruction and
degradation, use of illegal and destructive fishing
methods, disturbance and displacement from habitats,
death and injury from boat strikes, irresponsible tourism
interactions in the wild, and captive animals used for
entertainment taken from unsustainable sources. There is
also the impact of overfishing which has caused the
Sec. 2 Prohibition- It shall be unlawful to take or
catch dolphins in Philippine waters or to sell,
purchase, possess, transport, or export the same
whether dead or alive, in any state or form whether
raw or processed: Provided, That the Secretary of
Agriculture, upon the recommendation of the
Director of Fisheries and Aquatic Resources, may
issue a special permit in favor of any government
or private agency or institution engaged in research
work on dolphins, including those to be used for
exhibition or show purposes subject to such terms
and conditions as the said Secretary may deem wise
Back
Section 1. Basic Policy. It is hereby declared that
Dugong or Sea Cow (Dugong dugon) is a protected
marine mammal of the Philippines. As such, the
killing or taking so such species for whatever
purposes, except for scientific research, and the
destruction or disturbance of its habitat, is hereby
prohibited.

Section 3. Disposition of Confiscated Species.

Confiscated species of Dugong or Sea cow, or any of
its by-products shall be forfeited in favor of the
DENR for disposition to any research institution as
determined by the DENR.
 CASE DIGEST | DOCTRINES
Resident Marine Mammals of the Protected Seascape Tañon Strait
vs
Secretary Angelo Reyes
in his capacity as Secretary of the Department of Energy, et.al.

G.R. No. 180771 and 181527, April 21, 2015

FACTS:
The Government of the Philippines, acting through
the Department of Energy (DOE) entered into a
Geophysical Survey and Exploration Contract with
Japan Petroleum Exploration Co., Ltd. (JAPEX). The
studies included surface geology, sample analysis,
and reprocessing of seismic and magnetic data.
Geophysical and satellite surveys as well as oil and
gas sampling in Tañon Strait was conducted.
Thereafter, the DOE and JAPEX converted Survey
and Exploration Contract to Service Contract for the
exploration, development, and production of
petroleum resources in the Tañon Strait.
FACTS:
APEX conducted seismic surveys in and around
Tañon Strait and agreed to comply with the
Environmental Impact Assessment requirements.
Later, the Protected Area Management Board
(PAMB) of the Tañon Strait issued Resolution where
it adopted the Initial Environmental Examination
commissioned by JAPEX, and favourably
recommended the approval of the latter’s application
for an Environmental Compliance Certificate (ECC).
The DENR-EMB Region VII granted an ECC to DOE
and JAPEX for the offshore oil and gas exploration
project in Tañon Strait.
FACTS:
Subsequently, two separate original petitions were
filed commonly seeking that the implementation of
the Service Contract be enjoined for violation of the
1987 Constitution. The petitioners are the “Resident
Marine Mammals” which inhibit the waters in and
around the Tañon Strait, joined by “Stewards” as
their legal guardians and friends seeking their
protection, and the Central Visayas Fisherfolk
Development Center (FIDEC), and representatives
of the subsistence fisherfolk in parts of Cebu.
FACTS:
Their contentions are: (1) A study made after the
seismic survey showed that there is a drastic reduce
in fish catch by 50-70% attributable to the destruction
of the “payao” or the artificial reef; (2) The ECC
obtained by the respondents is invalid because there
is no public consultations and discussions prior to its
issuance; and (3) Service Contract is null and void for
having violated Sec 2, Art. XII of the 1987 Constitution
(REGALIAN DOCTRINE), considering that there is no
general law prescribing the standard or uniform terms,
conditions, and requirements for service contracts
involving oil exploration and extraction.
FACTS:
The respondents’ counter-allegations are: (1) The
“Resident Marine Mammals” and “Stewards” have
no legal standing to file the petition; (2) Service
Contract is constitutional; (3) The ECC was legally
issued; and (4) The case is moot and academic
since Service Contract is mutually terminated.

ISSUES:
1. WON the case is moot and academic.
2. WON Petitioners have a legal standing.
3. WON Service Contract is unconstitutional.
RULING #1: WON the case is moot and academic.
NO. The Court made it clear that the “moot and
academic” principle is not a magic formula that can
automatically dissuade the courts in resolving a case.
Despite the termination of the Service Contract, the Court
deems it necessary to resolve the consolidated petitions
as it falls within the exceptions: (1) there is a grave
violation of the Constitution; (2) the exceptional
character of the situation and the paramount public
interest is involved; (3) the constitutional issue raised
requires formulation of controlling principles to guide
the bench, the bar, and the public; and (4) the case is
capable of repetition yet evading review.
RULING #1: WON the case is moot and academic.

In this case, despite the termination of the Service

Contract, this Court deems it necessary to resolve
these consolidated petitions as almost all of the
foregoing exceptions are present in this case. Both
petitioners allege that the Service Contract is
violative of the Constitution, the environmental and
livelihood issues raised undoubtedly affect the
public’s interest, and the respondents’ contested
actions are capable of repetition.
RULING #2: WON Petitioners have a legal standing.
YES. The Rules of Procedure for Environmental
Cases allow for a “citizen suit,” and permit any Filipino
citizen to file an action before our courts for violation of
our environmental laws on the principle that humans
are stewards of nature:

Section 5. Citizen suit – Any Filipino citizen in

representation of others, including minors or generations
yet unborn, may file an action to enforce rights or
obligations under environmental laws.
RULING #2: WON Petitioners have a legal standing.
This provision liberalizes standing for all cases filed
enforcing environmental laws and ends the traditional
rule on personal and direct interest, on the principle that
humans are stewards of nature. In Oposa case, the SC
allowed the suit to be brought in the name of generations
yet unborn “based on the concept of intergenerational
responsibility insofar as the right to a balanced and
healthful ecology is concerned.”

It is also worth noting that the Stewards in the present

case are joined as real parties in the Petition and not just
in representation of the named cetacean species.
RULING #3: WON Service Contract is unconstitutional.
YES. Section 2, Article XII of the 1987 Constitution provides in part:
“The President may enter into agreement with foreign-
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by
law, based on real contributions to the economic growth
and general welfare of the country.

The President shall notify the Congress of every contract

entered into in accordance with this provision, within thirty
days from its execution.” (Emphases supplied)
RULING #3: WON Service Contract is unconstitutional.

The disposition, exploration, development,

exploitation, and utilization of indigenous petroleum in
the Philippines are governed by PD 87 or the Oil
Exploration and Development Act of 1972. Although
the Court finds that PD 87 is sufficient to satisfy the
requirement of a general law, the absence of the two
other conditions, that the President be a signatory to
the Service Contract, and that the Congress be
notified of such contract, renders it null and void.
RULING #3: WON Service Contract is unconstitutional.

While PD 87 may serve as the general law upon which

a service contract for petroleum exploration and
extraction may be authorized, the exploitation and
utilization of this energy resource in the present case
may be allowed only through a law passed by
Congress, since the Tañon Strait is a NIPAS area.
Since there is no such law specifically allowing oil
exploration and/or extraction in the Tañon Strait, no
energy resource exploitation and utilization may
be done in said protected seascape.
“It’s impossible to discuss how beautiful the Philippines is
and how beautiful our marine resources are without
talking about the challenges [that these marine resources
are facing].”

“Kailangan talaga natin buksan ang ating mata sa mga

hindi magagandang bagay kung gusto natin siyang
solusyunan. Hopefully in this documentary maipakita
natin na mas malaki ang ganansya natin kung tayo ay
magsasama-sama para pangalagaan ‘yung mga karagatan
at masiguro na ma-enjoy pa ito ng future generation.”

-ATOM ARAULLO
Each community highlighted the importance of one
particular wildlife tourism guideline and delivered
their own #powertoprotectPH message to help
tourists understand the importance of following
guidelines – to protect wildlife, and also
livelihoods.
1. The CITES is the world's most comprehensive inventory of the
global conservation status of plant and animal species.
-IUCN Red List of Threatened Species
2. The law only protects marine wildlife that are generally
classified as “critically endangered.”
-threatened
3. RA 8550 or the Philippine Fisheries Code covers the protection
of all the wildlife resources of our country, especially the
threatened and exotic species.
-RA 9147 or the Wildlife Resources Conservation and
Protection Act
4. RA 9147 or the Wildlife Resources Conservation and Protection
Act mandates for the development, management and
conservation of the fisheries and aquatic resources.
-RA 8550 or the Philippine Fisheries Code
5. The dugong and marine turtles are under the jurisdiction of
the Department of Agriculture- Bureau of Fisheries and Aquatic
Resources.
-Department of Environment and Natural Resources
6. There is no specific law that covers the protection of all
marine wildlife.
7. Any Filipino citizen in representation of others, including
minors or generations yet unborn, may file an action to
enforce rights or obligations under environmental laws.
8. Convention on the International Trade of Endangered Species
of Wild Flora and Fauna (CITES) is an international
agreement between governments aimed at ensuring that the
trade of wild animals worldwide does not threaten their
survival.
9. All marine turtles in the Philippines are classified as
endangered, except for the hawksbill turtle which is critically
endangered
 Natural Resources.
-Department of Agriculture- Bureau of Fisheries and Aquatic
Resources.
12. Confiscated species of Dugong or Sea cow, or any of its by-products shall
be forfeited in favor of the DA for disposition to any research institution as
determined by the DA.
-DENR
13. Under the Convention on the International Trade of Endangered Species
of Wild Flora and Fauna (CITES), all States, irrespective of their
geographical location, and competent international organizations have the
right to conduct marine scientific research subject to the rights and duties
of other States as provided for in this Convention.
-United Nations Convention on the Law of the Sea (UNCLOS)
14. In all regions, no new permits for collecting, gathering, utilizing,
possessing, transporting, removing, and/or disposing of marine turtles,
turtle eggs and its by-products shall be issued from the date of effectivity
of MNR Administrative Order No. 12 Series of 1979.
-Except in Regions 9 and 12
15. The law absolutely prohibits the killing and destroying of marine wildlife
species.
-Exceptions: (1) for religious rituals of established tribal or indigenous communities,
(2) if the wildlife species is afflicted with an incurable communicable disease, (3) if it is
16.Dead whale shark and manta rays which are drifted to the seashore
shall be surrendered to the nearest Department of Agriculture (DA)
Regional Field Unit or Bureau of Fisheries Regional or Provincial Fishery
Office, as the case may be for proper disposition.
17.The Secretary or his duly appointed representative, upon the
recommendation of the Director of the Bureau of Fisheries and Aquatic
Resources (BFAR), may issue a Special Permit in favor of any
government or private institution engaged in purely research work on
whale shark and manta rays, subject to such terms and conditions as the
DA Secretary may deem wise to impose.
18. The President may enter into agreement with foreign-owned
corporations involving either technical or financial assistance for large-
scale exploration, development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth
and general welfare of the country.

19. Cetaceans fall under the jurisdiction of the Department of Agriculture.

20. The Secretary of Agriculture, upon the recommendation of the Director

of Fisheries and Aquatic Resources, may issue a special permit in favor
of any government or private agency or institution engaged in research