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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
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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.
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.
-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.