In the Philippines, the Wildlife Act mandates three agencies with responsibility for implementing the Philippine commitments to MEAs relating to the protection of wildlife and their habitats. The Act therefore serves as the enabling legislation for all MEAs on biodiversity to which the Philippines is a party. It, however, did not specifically name the MEAs so as to provide flexibility: in the future, the Philippines may wish to consider becoming a party to other biodiversity-related MEAs, and this legislation will continue to provide the implementing mandate for those MEAs.
The three agencies mandated to implement the Wildlife Act jointly issued Implementing Rules and Regulations of the Act. These Implementing Rules and Regulations clarify the roles of the respective implementing agencies on various matters covered by the law. The deputation of Wildlife Enforcement Officers is one of these concerns, and the rules provided for the qualifications, duties, and responsibilities of the deputized officers. With regard to the specific deputation procedures, each of the agencies is expected to provide their respective guidelines based on their internal policies.
A significant aspect of the Act and Implementing Rules and Regulations is that they foresee the deputation of private volunteers and citizen groups as Wildlife Enforcement Officers to assist in the enforcement of the Act. Initial focus is now on raising awareness of the governmental enforcement officers of the new wildlife policies and procedures. Systematic deputation of private actors is expected to happen in 2004 or 2005.
Under the Wildlife Act and the Implementing Rules and Regulations, governmental and private wildlife enforcement officers have the powers to:
- Seize illegally collected, possessed, and/or traded wildlife, or parts, by-products, and/or derivatives thereof;
- Arrest (even without warrant) any person who has committed, is committing, or is about to commit in the officer’s presence any of the offenses provided under the Wildlife Act and other relevant laws, rules and regulations;
- Assist in conducting surveillance of and monitoring wildlife-related activities;
- Deliver an arrested offender within a reasonable time to the nearest police station and assist in filing a proper complaint with the appropriate official designated by law to conduct preliminary investigation;
- Deliver within a reasonable time to the nearest DENR or Bureau of Fisheries and Aquatic Resources (BFAR) field office for custody, all confiscated wildlife, their parts, by-products, and/or derivatives, as well as tools, equipment, and conveyances used in the commission of the crime, including corresponding reports;
- Act as a witness in court for the speedy prosecution of criminal complaints against wildlife violators;
- Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors;
- Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations;
- Coordinate with other law enforcement agencies for security reasons, if necessary; and
- Perform such other duties as may be assigned from time to time by their superiors.
For more information, contact Ms. Meriden Maranan at planning@pawb.gov.ph