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Republic of the Philippines Department of Environment and Natural Resources Visayas Avenue, Diliman, Quezon City Tel Nos. 929-6626 to 29; 929-6633 to 35 929-7041 to 43; 9296252; 929-1669 Website: http://www.denr.gov.ph E-mail: [email protected] OCT 1 8 2010 MEMORANDUM CIRCULAR No. 2010-17 SUBJECT ADOPTING THE "WILDLIFE LAW ENFORCEMENT MANUAL OF OPERATI ONS" AS GUIDE IN THE ENFORCEMENT OF REPUBLIC ACT NO. 9147 AND OTHER RELEVANT WILDLIFE LAWS, RULES AND REGULATIONS BY DESIGNATED/DEPUTIZED WILDLIFE ENFORCEMENT OFFICERS, ENVIRONMENT AND NATURAL RESOURCES OFFICERS AND MEMBERS OF THE WILDLIFE TRAFFIC MONITORING UNITS Pursuant to Section 7 (c) of Executive Order No. 192, in relation to Section 4 thereof and Sections 4, 30 and 33 of Republic Act (R.A.) No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act, the attached Wildlife Law Enforcement Manual of Operations is hereby adopted for information and guidance of all concerned. The Manual shall serve as guide for the Wildlife Enforcement Officers (WEO), DENR­ Wildlife Traffic Monitoring Units (WTMU), Deputy/Special Deputy Environment and Natural Resources Officers (DENRO/SDENRO) and other stakeholders in the enforcement of the provisions of R.A. No. 9147 and other relevant wildlife laws, rules and regulations. The Manual is divided into three Books: 1) Book I- State Policy, Laws Relevant to Wildlife and Mandates of Government Agencies This book lists down and provides details on the laws and policies being implemented by the DENR pertinent to wildlife protection, which include among others, R.A. No. 9147, R.A. No. 7586 (the National Integrated Protected Areas System Act), R.A. No. 9072 (National Caves and Cave Resources Management and Protection Act), and their Implementing Rules and Regulations. This Book specifically provides the groundwork for the existing laws and state policies from which they were based. It also presents the various agencies involved in wildlife law enforcement and their respective roles based on their mandates. ..... ..................... ~ ..... ~ ........ .. ~- Cl!!IPAIIIITMll!NT 0 .. aNVIIIIONM.NT ANC., NATUlll&L lllll!II.OUflllc..a11, 111111 /II II illllll IIll Ill II Ill Ill SENR0296S8 Let's Go Green 2) Book II-Protocols on Wildlife Law Enforcement This major part of the Manual provides for the protocols on Investigation and Surveillance; Arrest and Search; Detention of Suspects; Apprehension, Seizure and Handling of Evidence; and Filing and Prosecution of Cases. It takes into consideration the existing procedures of various agencies such as the investigation process of the National Bureau of Investigation, the rules of engagement of the Philippine National Police and the Rules of Procedure for Environmental Cases of the Supreme Court, among others. It also presents a set of protocols to address implementation gaps in wildlife law enforcement scenarios in airports and seaports as well as the protocols to be observed relating to the Custody of Seized and Confiscated Wildlife Specimens, By-Products and Derivatives. 3) Book III- Wildlife Law Enforcement Forms This Book provides the standard monitoring, reporting and documentary forms to facilitate the prosecution of wildlife-related cases. These include format of apprehension and investigation reports, specimen tum-over receipt, affidavit, and summary of information sheet, among other documents, to support prosecution of cases. The Protected Areas and Wildlife Bureau (PAWB) and the DENR-Regional Offices shall disseminate the Manual of Operations and undertake capacity building to ensure efficient and effective application of the Manual by all concerned. The PAWB, in collaboration with other concerned agencies and stakeholders, shall review and update the Manual of Operations as often as necessary to integrate relevant enforcement developments. All DENR memoranda, circulars and other issuances which are inconsistent with the provisions of this Circular are hereby amended and/or revoked accordingly. This Memorandum Circular shall take effect immediately. ,¥·· ~ ...... Llloll ....... 11, .................... .. a ........ TMaNT D~ aNvlfl:DNMaNl ~ ANO. NATUfl:AL fl:a-.e,u,-c.•11, II IIll III II II IIIII IIII Ill II Ill Ill SENR029658 FROM THE AME R.IICA PEOPL!E i Table of Contents Book 1: State Policy, Laws Relevant to Wildlife and Mandates of Government Agencies Chapter 1: State Policy 1 Chapter 2: Laws Relevant to Wildlife 2.1. Republic Act No. 9147 - Wildlife Resources Conservation and 1 Protection Act 2.2. Presidential Decree No. 705 - Forestry Code of the Philippines 7 2.3. Republic Act No. 7586 - National Integrated Protected Areas 8 System Act 2.4. Republic Act No. 8550 - Fisheries Code of the Philippines 9 2.5. Republic Act No. 8371 – Indigenous Peoples Rights Act 10 2.6. Republic Act No. 7611 – Strategic Environmental Plan for Palawan 10 2.7. Republic Act No. 9072 – National Caves and Cave Resources 11 Management and Protection Act 2.8. Republic Act No. 8485 – Promoting Animal Welfare in the 12 Philippines 2.9. List of Other Wildlife Related Laws and Issuances 13 Chapter 3: Mandates, Roles and Functions of Agencies Involved in Wildlife Law Enforcement 3.1. Department of Environment and Natural Resources 3.1.1. Protected Areas and Wildlife Bureau (PAWB) 15 3.1.2. Forest Management Bureau 16 3.1.3. Environmental Management Bureau 16 3.1.4. DENR Field Offices 17 3.2. Department of Agriculture 3.2.1. Bureau of Fisheries and Aquatic Resources 22 3.2.2. Bureau of Plant Industry 23 3.3. Department of Finance 3.3.1. Bureau of Customs 24 3.4. Department of Justice 3.4.1. National Bureau of Investigation 25 3.5. Department of Interior and Local Government 3.5.1. Philippine National Police 26 3.5.2. The Local Government Units 26 3.6. Department of National Defense 3.6.1. Armed Forces of the Philippines 28 3.7. Department of Transportation and Communications 3.7.1. Philippine Coast Guard 29 3.7.2. Philippine Ports Authority 30 3.7.3. Manila International Airport Authority 30 3.8. Office of the President 3.8.1. National Commissions on Indigenous Peoples 30 BOOK 2: Protocols on Wildlife Law Enforcement Chapter 1. Introduction 31 Chapter 2. Protocol on Investigation and Surveillance 2.1. Investigation 31 2.2. Surveillance 35 2.3. Regulatory Monitoring 39 Chapter 3. Protocol on Arrest, Search and Seizure 3.1. Arrest 41 3.2. Search 49 Chapter 4. Protocol on Detention 60 Chapter 5. Protocol on Apprehension, Seizure and Handling 60 5.1. Verification of Documents 61 5.2. Documentation 62 5.3. Inventory, Identification and Labeling 63 Chapter 6. Filing and Prosecution of Cases 6.1. Possible scenarios under warrantless arrest 69 6.2. Procedure in filing and prosecuting the case under the Scenarios in 6.1 70 6.3. Possible scenarios under arrest with warrant 75 6.4. Procedure in filing and prosecuting the case under the scenarios in 6.3 75 6.5. Flowcharts of protocol in filing and prosecution of cases 77 Chapter 7. Procedure for Administrative Seizure and Confiscation 7.1. Administrative Seizure 80 7.2. Administrative Confiscation 81 Chapter 8. Protocols in Airports and Seaports 8.1. International Airports 84 8.2. Domestic Airport and Local Seaport 96 8.3. Chartered Flights (international and domestic) and there is advance 103 information of hot wildlife goods Chapter 9. Custody of Seized and Confiscated Wildlife Specimens, 105 By-products, and Derivatives Book 3: Wildlife Law Enforcement Manual Forms Form No. 1: Request for Certification of Existence of Permits 107 Form No. 1-A: Certification (Holder of Certificate of Wildlife Registration and 108 Wildlife Farm Permit Form No. 1-B: Certification (Not Holder of Certificate of Wildlife Registration 109 and Wildlife Farm Permit Form No. 1-C: Certification (Wildlife Confiscation) 110 Form No. 2: Investigation Report 111 Form No. 3: Transmittal Sheet 112 Form No. 4: Boarding Certificate 113 Form No. 5: Affidavit of Witness 114 Form No. 6: Affidavit of Arrest 116 Form No. 7: Apprehension Report 119 Form No. 8: Inventory Sheet 120 Form No. 9: Wildlife Apprehension/Seizure Receipt 121 Form No. 10: Evidence Tag 123 Form No 11: Turnover Receipt 124 Form No 12: Criminal Complaint 126 Form No 13: Referral Letter 128 Form No 14: Summary of Information Sheet 129 Annexes Annex 1 – List of Threatened Species (Wild Fauna) Annex 2 – List of Threatened Species (Wild Flora) Annex 3 – International Conventions 3.1. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 3.2. Convention on Biological Diversity 3.3. Convention on Migratory Species 3.4. Convention on Wetlands Annex 4 – List of Forms/Permits Annex 5 – Rules of Procedure for Environmental Cases Annex 6 – Additional Rules of Engagement for Warrantless Arrest under Rule 113 of the Rules of Court Annex 7 – Rights of the accused at the trial Annex 8 – Recommended Personal Protective Equipment (PPE) for Personnel/ Wildlife Enforcement Officer Handling Wildlife Species/Specimens Annex 9 – Checklist of Offenses under the Wildlife Resources Conservation and Protection Act Annex 10 – DENR Regional Focal Points in Wildlife Law Enforcement and List of Wildlife Enforcement Officers Per Region EXECUTIVE SUMMARY Illegal wildlife trade remains one of the primary threats to wildlife resources, nationally and globally. It has contributed to the decline in the populations of more than 200 species of wild fauna and about 600 species of wild flora in the country. It does not only compromise the perpetuation of the species being traded but the ecological roles that such resources play – as seed dispersers, pollinators and biological control agents, among other functions. Illegal wildlife trade also brings revenue losses for the government at an annual average of PhP9M. Wild-caught animals in trade are also known vectors of diseases, thus, posing risk to human health. Addressing illegal wildlife trade is therefore of primary importance. Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act of 2001 (or Wildlife Act), is a big leap for Philippine wildlife enforcement.
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