The NIPAS Law and the Wildlife Resources Conservation and Protection Act

comparative Legal Analysis of the NIPAS Law

The NIPAS Law and the Wildlife Resources Conservation and Protection Act

The NIPAS Law and the Wildlife Resources Conservation and Protection Act (Republic Act No. 9147)

The salient points of the Wildlife Resources Conservation and Protection Act

n Its provision is enforceable for all wildlife species found in all areas of the country including protected areas under the

NIPAS law.

n It provides for the regulation in the collection and possession of wildlife and other necessary regulations.

n The DENR is the lead government agency in the implementation of this law.

n Critical habitats for wildlife are established.

n It establishes source of fund for its management [Wildlife Management

Fund].

n Defines the illegal acts that may be committed under the act and the corresponding fines and penalties thereof.

Assessment

The noble purpose of the enactment of the NIPAS law is for the protection of the environment. It is also from the same consideration that the Wildlife Resources Conservation and Protection Act was born. In essence the NIPAS law and the Wildlife Resources Conservation and Protection Act complement each other and basically there is not much of a conflict between the two laws.

The NIPAS Law has a larger area of concern as it concerns PA and with it are different aspects of the environment including different flora and fauna, as well as their habitat. On the other hand, the Wildlife Resources Conservation and Protection Act is more specific at concerns specifically on wildlife only, which may or may not be within a protected area.

Areas of concern

As far as the NIPAS law and the Wildlife Resources Conservation and Protection Act are concerned, there are no serious conflict and both laws complement each other.

However, in Section 20 [a] of the NIPAS law, regarding the issuance of permit in hunting, destroying, disturbing, or mere possession of any plants or animals or products from a protected area, it is the PAMB which issues said permit.

Although in practice, the PAMB merely issues a “clearance” which serves as the basis for the issuance of a permit by the DENR field office or the DA-BFAR office if found to be valid and justified, Section 20 (a) of the law clearly uses the word “PERMIT” for PAMB to issue, not a mere “clearance”. This runs counter to the power of the DENR to issue permits under the Wildlife Resources Conservation and Protection Act.

Salient points of the wildlife Resources conservation and Protection Act

comparative Legal Analysis of the NIPAS Law

The NIPAS Law and the Wildlife Resources Conservation and Protection Act

There may be instances when the PAMB authorizes gathering or possession of certain wildlife species found within a protected area, while the DENR prohibits the collection of the said wildlife species regardless of whether it is gathered from a PA or not. This situation leads to an apparent conflict and prejudice not only the grantee of the permit but also the authority of the PAMB.