biological and genetic resources
ORDER NO. 247
guidelines and establishing a regulatory framework for the prospecting of
biological and genetic resources, their by-products and derivatives, for
scientific and commercial purposes, and for other purposes.
Section 16, Article II of the Philippine Constitution, vests in the State the
ultimate responsibility to preserve and protect the environment; and Section 2,
Article XII provides that wildlife, flora and fauna, among others, are owned by
the State and the disposition, development and utilization thereof are under its
full control and supervision;
it is in the interest of the State's conservation efforts to ensure that the
research, collection, and use of species, genes and their products be regulated
and to identify and recognize the rights of indigenous cultural communities and
other Philippine communities to their traditional knowledge and practices when
this information is directly and indirectly put to commercial use;
under Article 16 of the Convention on Biological Diversity of which the
Philippines is a party, each contracting party is mandated to take legislative,
administrative or policy measures, as appropriate, with the aim that contracting
parties, in particular those that are developing countries which provide genetic
resources, are provided access to and transfer of technology which makes use of
those resources, on mutually agreed terms, including technology protected by
patents and other intellectual property rights;
the Department of Environment and Natural Resources (DENR) is the primary
government agency responsible for the conservation, management, development, and
sustainable use of the country's environment and natural resources; the
Department of Science and Technology (DOST), the primary agency mandated to
promote local capability in science and technology to achieve technological
self-reliance in selected areas vital to national development; the Department of
Agriculture (DA), the agency responsible for the promotion of sustainable
agriculture and aquatic resource development; the Department of Health (DOH),
the agency responsible for the formulation, planning, implementation, and
coordination of policies and programs in the field of health, including the
research, regulation, and development of drugs and medicine; and the Department
of Foreign Affairs (DFA), the agency responsible for promoting international
an inter-agency approach is the most appropriate way of regulating the research,
collection, exploitation and use of biological and genetic resources;
THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by
virtue of the powers vested in me by Law and the Constitution, do hereby order:
1. Policy of the State. It shall be the policy of the State to regulate the
prospecting of biological and genetic resources so that these resources are
protected and conserved, are developed and put to the sustainable use and
benefit of the national interest. Further, it shall promote the development of
local capability in science and technology to achieve technological
self-reliance in selected areas.
2. Consent of Indigenous Cultural Communities.
Prospecting of biological and genetic resources shall be allowed within the
ancestral lands and domains of indigenous cultural communities only with the
prior informed consent of such communities; obtained in accordance with the
customary laws of the concerned community.
Prospecting of biological and genetic resources shall be allowed only with the
prior informed consent of the concerned local communities.
3. When Research Agreement is Necessary. The prospecting of biological and
genetic resources shall be allowed when the person, entity or corporation,
foreign or domestic, undertaking such activities, on recommendation of the
Inter-Agency Committee on Biological and Genetic Resources, has entered into a
Research Agreement with the Philippine government, represented by the DENR, DOH,
DA, or DOST, depending on the nature and character of the prospecting activity.
For purposes of this Executive Order, traditional uses of biological
by indigenous and local communities shall not require a Research Agreement.
the research and collection of biological and genetic resources is intended,
directly or indirectly, for commercial purposes, the agreement must be a
Commercial Research Agreement. For purposes of this Executive Order, all
Research Agreements with private persons and corporations, including all
agreements with foreign or international entities, shall conform with the
minimum requirements of a Commercial Research Agreement.
the prospecting of biological and genetic materials is intended primarily for
academic purposes, the agreement shall be an Academic Research Agreement. Only
duly-recognized Philippine universities and academic institutions, domestic
governmental entities, and inter-governmental entities may apply for an Academic
the Commercial or Academic Collector is merely an agent or merely collecting for
another person or entity, the agreement between the Commercial Collector and the
Principal must be reviewed by the Inter-Agency Body to determine the latter
agreement does not undermine the substantive requirements of this Executive
4. Application for Academic Research Agreement and Commercial Research
Agreement. The applicant shall first submit an application for a Research
Agreement to the Inter-Agency Committee on Biological and Genetic Resources
through the Protected Areas and Wildlife Bureau (PAWB). It must include a
research proposal stating the purposes, source of funds, duration, and a list of
biological and genetic materials and amount to be taken. The requisites for
research agreements are in Appendix B.
Academic Research Agreements, the proposal may be broader and more general in
character as provided in Section 5 (m).
copy of the proposal must be submitted to the recognized head of the local or
indigenous cultural community or communities that may be affected. Action on the
proposal shall be made only after 60 days has lapsed after a copy of the
proposal is received by the persons concerned.
5. Minimum Terms of the Commercial Research Agreement and Academic Research
Minimum Terms of the Commercial Research Agreement and Academic Research
Agreement are as follows:
must be a limit on samples that the Commercial/Academic Collector may
obtain and export and that the approved list and amount of the samples
taken from the area must be followed strictly;
complete set of all specimens collected shall be deposited by the
Commercial/Academic Collector with the National Museum or a duly
designated governmental entity; Provided that holotypes designated by the
author must be maintained at the National Museum.
to collected specimens and relevant data shall be allowed to all Filipino
citizens and the Philippine governmental entities whenever these specimens
are deposited in depositories abroad;
Commercial/Academic Collector, or in appropriate cases, its Principal,
must inform the Philippine Government, as well as the affected local and
indigenous cultural communities all discoveries from the activity
conducted in the Philippines, if a commercial product is derived from such
agreement shall include a provision for the payment of royalties to the
National Government, local or indigenous cultural community and individual
person or designated beneficiary in cases commercial use is derived from
the biological and genetic resources taken. Where appropriate and
applicable, other forms of compensation may be negotiated;
shall be a provision allowing the Philippine government to unilaterally
terminate the agreement whenever the Commercial/Academic Collector has
violated any of its terms. The Agreement may also be revoked on the basis
of public interest and welfare;
status report of the research and the ecological state of the area and/or
species concerned shall be submitted to the Inter-Agency Committee
regularly as agreed upon;
the Commercial Collector or its Principal is a foreign person or entity,
it must be stipulated that scientists who are citizens of the Philippines
must be actively involved in the research and collection purposes and,
where applicable and appropriate as determined by the Inter-Agency
Committee, in the technological development of a product derived from the
biological and/or genetic resources taken from any area in the
Philippines. This involvement shall be at the cost of the Commercial
Commercial Collector and/or its Principal shall be encouraged to avail of
the services of Philippine universities and academic institutions. Where
applicable and appropriate, the Commercial Collector and/or its Principal
shall be required to transfer equipment to a Philippine institution or
fixed fee must be paid to the DENR in accordance with a schedule of fees
formulated by the Inter-Agency Committee;
maximum term for a Commercial Research Agreement shall be for three years
and renewable upon review by the Inter-Agency Committee;
case of endemic species, there must be a statement that the technology
must be made available to a designated Philippine institution and can be
used commercially and locally without paying royalty to the Collector or
Principal. Provided, however, that where appropriate and applicable, other
agreements may be negotiated.
further, that the following terms shall be considered in an Academic
Academic Research Agreement may be comprehensive in scope and cover as
many areas as may be projected. It may stipulate that all scientist and
researchers affiliated with a duly recognized university, academic
institution, governmental and inter-governmental entity need not apply for
a different Research Agreement but may conduct research and collection
activities in accordance with an existing Academic Research Agreement. In
such cases, the university, academic institution and governmental entity
shall ensure that all the terms and conditions of the government are
complied with by the affiliated scientist or researcher. In all cases, the
university institution or governmental entity must ensure that affected
communities have given their prior informed consent to the activities to
must be a provision requiring the Academic Collector to apply for a
commercial research agreement when it becomes clear that the research and
collection being done has commercial prospects;
minimal fee must be paid to the Philippine Government in accordance with a
schedule of fees by the Inter-Agency Committee; and
maximum term for an Academic Research Agreement shall be for five years
and renewable upon review by the Inter-Agency Committee.
6. Composition and Functions of the Inter-Agency Committee on Biological and
Genetic Resources. An Inter-Agency Committee on Biological and Genetic Resources
attached to the DENR is hereby created as the regulatory body to ensure that the
provisions of this Executive Order are enforced and implemented. The
Inter-Agency Committee shall be composed of the following:
An Undersecretary of the Department of Environment and Natural Resources
designated by the DENR Secretary who shall be the Chairperson of the
An Undersecretary of the Department of Science and Technology (DOST)
designated by the DOST Secretary who shall be Co-Chairperson of the
A permanent representative of the Secretary of the Department of
Agriculture, who must be knowledgeable about biodiversity or
Two permanent representatives of the Philippine science community from
the academe and who must be experts in any of the following fields:
biodiversity, biotechnology, genetics natural products chemistry or
similar disciplines, shall be appointed by the DOST Secretary after
nominations from and consultations with the science community.
A permanent representative of the Secretary of the Department of Health
who must be knowledgeable about pharmaceutical research and development.
A permanent representative of the Department of Foreign Affairs who has
to facilitate international linkage relative to bioprospecting.
A permanent representative of the National Museum who has expertise on
natural history and/or biological diversity.
A representative from a Non-Government Organization (NGO) active in
biodiversity protection to be selected by the NGO community through a
process designed by themselves and later endorsed by the Philippine
Council for Sustainable Development.
A representative from a People’s Organization (PO) with membership
consisting of indigenous cultural communities and/or their organizations
to be selected by the PO community through a process designed by
themselves and through the endorsement of the Philippine Council for
members of the Inter-Agency Committee shall serve for a period of three years
which may be renewed for another three years. In case of death, resignation,
removal or other circumstance which requires the replacement of a member, said
member may be succeeded by another person with the same qualifications and
appointed in a similar process. The replacement shall serve the unexpired term
of the member replaced.
Technical Secretariat, to be headed by the PAWB, shall be created to support the
work of the Inter-Agency Committee. The Technical Secretariat shall be staffed
with personnel from the PAWB and other agencies who shall be designated by the
members of the Inter-Agency Committee.
7. Powers and Functions of the Inter-Agency Committee.
Inter-Agency Committee shall meet at least once every quarter and shall have the
Process applications for Research Agreements and recommend for approval
thereof to the Secretary of DENR, DOH, DA or DOST depending on the
nature and character of the prospecting activity;
Ensure that the conditions for the Research Agreements are strictly
Determine the site and amount of biological and genetic materials that
may be taken from the area and ensure that these are complied with;
Deputize and train appropriate agencies so as to ensure that no
biological and genetic materials are taken from the Philippines and
exported abroad except under a valid Research Agreement. It shall also
be ensured that the specimens collected have been deposited in the
Ensure that the rights of the indigenous and local communities wherein
the collection or researches are being conducted are protected,
including the verification that the consent requirements in Sections 3
and 4 are complied with. The Inter-Agency Committee, after consultations
with the affected sectors, shall formulate and issue guidelines
implementing the provision on prior informed consent;
Study and recommend to the President and the Congress appropriate laws
on the utilization of biological and genetic resources including new
laws on intellectual property rights;
Involve local scientists in the decision making process by creating a
Multi-Disciplinary Advisory Body and other entities as may facilitate
local involvement in the research, collection and utilization of
biological and genetic resources;
Develop a conceptual framework, using the Research Agreements entered
into as well as other data as basis, for significantly increasing
knowledge on Philippine biodiversity. The Inter-Agency Committee shall
establish mechanisms to ensure the integration and dissemination of the
information generated from research, collection and utilization
with the National Committee on Biosafety when necessary or
Issue rules and regulations to effectively carry out the provisions of
this Executive Order; and
Perform such other functions as may be necessary to implement this
decisions of the Inter-Agency Committee must be by a majority of all its
8. Monitoring Implementation of the Research Agreement. The Protected Areas and
Wildlife Bureau (PAWB) of the DENR shall be the lead agency in monitoring the
implementation of the research agreement. The regional offices of the DENR shall
also participate in the monitoring.
9. Appeals. Decisions of the Secretary (DENR, DA, DOH or DOST) may be appealed
to the Office of the President. Recourse to the courts shall be allowed after
exhaustion of all administrative remedies.
10. Sanctions and Penalties. Undertaking activities in violation of this
Executive Order shall be subject to such criminal penalties as may be proper
under existing laws including the National Integrated Protected Areas System Act
of 1992 and the Revised Forestry Code. Failure to comply with the provisions of
the Research Agreements entered into under Sections 3, 4 and 5 shall be a valid
cause of immediate termination of the Agreement and the imposition of a
perpetual ban on undertaking prospecting of biological and genetic resources in
11. Existing Researches, Contracts and Agreements. All existing research
projects, where allowed under existing law, may proceed pending the negotiation
and entry into force of appropriate research agreement. All valid and existing
contracts and agreements entered into by the PAWB, the National Museum or other
governmental entities shall remain valid and effective; Provided, that the
parties shall be required to enter into a new agreement conforming to this
12. Official Depository. The official depository of all original and official
documents such as agreements and minutes of the meeting is the PAWB.
13. Funding. The activities of the Inter-Agency Committee on Biological and
Genetic Resources shall be funded in accordance with law. Such funding, where
allowed by law, may include savings coming from the appropriate and concerned
Departments and proceeds from the fees imposed on the Research Agreements.
14. Effectivity. This Executive Order and Rules and Regulations takes effect
immediately upon publication in two newspapers of general circulation and upon
filing of three certified copies with the U.P. Law Center.
15. Implementing Rules and Regulations. The implementing rules and regulations
shall be formulated by the Inter-Agency Committee and signed by the Secretary of
DENR not later than three months after the effectivity of the Executive Order.
in the City of Manila, on this 18th day of May in the year of our Lord, Nineteen
Hundred and Ninety Five.
TEOFISTO T. GUINGONA, JR.
A. Definition of Terms
"Biological diversity" means the variability among living
organisms from all sources including terrestrial, marine and other
aquatic ecosystem and the ecological complexes of which they are part;
this includes diversity within species, between species and of
"Biological resources" includes genetic resources, organisms
or parts thereof, populations or any other biotic component of
ecosystems with actual or potential use or value for humanity. It shall
include, but not be limited to all biological specimens such as plants,
seeds, tissues and other propagation materials, animals, microorganisms,
live or preserved, whether whole or in part thereof.
"Biotechnology" means any technological application that uses
biological systems, living organisms or derivatives thereof, to make or
modify products or processes for specific use.
"Genetic material" means any material of plant, animal,
microbe or other origin containing functional units of heredity.
"Genetic resources" means genetic material of actual or potential
"By-product" refers to any part taken from wildlife species
such as hides, antlers, leathers, fur, internal organs, roots, trunks,
branches, leaves, stems, flowers and the like.
"Derivative" means something extracted from wildlife such as
blood, oils, resin, genes, seeds, spores, pollen and the like.
"Holotype" means either the sole specimen or element used by
the author of scientific name or the one specimen or element designated
by such author as the type.
"Sustainable use" means the use of components of biological
diversity in a way and at a rate that does not lead to the long-term
decline of biological diversity, hereby maintaining its potential to
meet the needs and aspirations of present and future generations.
"Bioprospecting or Prospecting" refers to the research,
collection and utilization of biological and genetic resources for
purposes of applying the knowledge derived therefrom to scientific
and/or commercial purposes.
"Indigenous Cultural Communities" refers to a group of people
sharing common bonds of language, customs, traditions and other
distinctive cultural traits, and who have since time immemorial,
occupied, possessed and utilized a territory except when such possession
is either prevented or interrupted by war, force majeure, displacement
by force, deceit or stealth, or other usurpation.
"Ancestral Domains" are all lands and natural resources
occupied or possessed by indigenous cultural communities by themselves
or through their ancestors communally or individually, in accordance
with their customs and traditions since time immemorial, continuously to
the present except when prevented or interrupted by war, force majeure,
displacement by force, deceit or stealth, and other usurpation. It
includes all adjacent areas generally belonging to them and which are
necessary to ensure their economic, social and cultural welfare.
"Local Communities" refers to the basic political units
wherein the biological and genetic resources are located.
"Non-governmental entity" means those academic and/or
scientific organizations and institutions, whether global or regional
created by agreement among different states and with the Republic of the
Philippines a party thereof.
"Research Agreement" means the agreement entered into by the
Philippine government, through the Department of Environment and Natural
Resources (DENR) and upon the recommendation of the Inter-Agency
Committee on Biological and Genetic Resources, and a private or public
person or entity allowing the latter to conduct prospecting of
biological and genetic resources in the Philippines.
"Commercial Research Agreement" is the Research Agreement that
must be entered into if the research and/or collection is intended,
directly or indirectly, for commercial use. For purposes of this
Executive Order, all Research Agreements with private persons and
corporations, including all agreements with foreign international
entities, shall conform with the minimum requirements of a Commercial
"Academic Research Agreement" is the Research Agreement that
must be entered into if the research is intended primarily for academic
and scientific purposes. Only duly-recognized Philippine universities
and academic institutions, domestic governmental entities, and
intergovernmental entities may apply for an Academic Research Agreement.
"Collector" refers to the person, entity or corporation
conducting prospecting of biological and genetic resources under a
Research Agreement. "Commercial Collector" refers to those
with Commercial Research Agreements while "Academic Collector"
means those with Academic Research Agreements.
"Principal" refers to the person, entity or corporation who
enters into an agreement with a Collector for the latter to undertake
the prospecting of biological and genetic resources in their behalf.
"Inter-agency Committee on Biological and Genetic Resources"
or "Inter-Agency Committee" is the regulatory body that shall
be tasked with the enforcement of this Executive Order.
B. Requisites for Research Agreement
That the collector shall satisfactorily comply with the requisites for
That the prospecting of biological and genetic resources or its results
do not directly or indirectly, harm the biological diversity and
biological balance of the inhabitants of the area where a sample of the
specific genus, or their products are procured.
In cases where the prospecting of biological and genetic resources are
undertaken in protected areas, the Research Agreement entered into must
conform with all the requirements under Republic Act No. 7586 (The
National Integrated Protected Areas System Act of 1992), including
conformity with the management plan formulated by the Protected Area
All activities under the Research Agreement must comply with all
Philippine environmental laws and the rules and regulations implementing
the same, where appropriate, an environmental impact assessment of the
proposed activities shall be required.
The Research Agreement shall remain in effect as long as the conditions
prescribe in paragraphs b, c, & d above remain; Provided that the
Collector fully complies with the terms of the Research Agreement.