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San Beda University College of Law: Increased Penalties For Crimes Against Wildlife
San Beda University College of Law: Increased Penalties For Crimes Against Wildlife
San Beda University College of Law: Increased Penalties For Crimes Against Wildlife
College of Law
In Partial Fulfillment
of the Requirements for the Subject
Environmental and Natural Resources Law
(ENATRES)
By
Sean Kale Dugyon Nayahangan
Part 1: Background of the Study
The Philippines has one of the top countries in the world to house a diverse array
of marine, wildlife and plant ecosystems. Located at the coral triangle its home to one of
the worlds greatest coastal, marine, and island ecosystems. Its abundant marine
biodiversity makes it a top tourist destination in the world, attracting thousands of people
all year round. Many provinces experienced parabolic development due to the influx of
tourist and some are on there way to mimic their success. The country also boasts
diverse natural land habitats and wildlife, housing of 5% of the worlds fauna and ranks
fourth in bird endism.
To combat this, the Philippines enacted Republic Act 9147 or the Wildlife
Resources Conservation and Protection Act. An act providing for the conservation and
protection of wildlife resources and their habitats, appriopriating funds therefor and other
purposes. This act will be the topic of this research as the researcher will discuss ways
on further improving the law to be a more effective deterrent for wildlife and habitat loss.
Part 2: Statement of Research Problem
1. The threat of habitat, aquatic and terrestrial animal loss in the Philippines is an
urgent matter that should be acted upon immediately. The Philippines enacted
Republic Act 9147 or also known as the Wildlife Resources Conservation and
Protection Act to combat and prevent the looming threat against habitat loss and
animal extinction. RA 9147 serves as the countries legal framework for ensuring
the conservation and protection of wildlife and their habitat. The primary function
of RA 9147 are: Wildlife Protetion, it acts as a safeguard against animal
exploitation for both vulnerable to endangerement and endangered species.
Habitat Conservation, it acts to prohibit activities that will have a negative impact
towards animal habitats. Trade Regulation, it regulates trade, transport, and
possession of wildlife and plants. Penalties and Fines, it serves as the legal
framework for prescribing violations,penalties and fines. Establishing Protected
Areas, this law provides for the protection and conservationof wildlife habitat.
2. Despite the implementation of RA 9147, the fight against the protection and
conservation for wildlife and habitat loss is an uphill battle. With numerous
incidents regarding illegal traficking of endangered animals and habitat loss due
to human activity despite the enactment of the law questions its effectivity. The
penalties for habitat destruction and wildlife trafficking has inefficiently deterred
illegal activities. Wildlife smuggling like the high profile case of illegal trade of
critically endangered Palawan Pangolins, Horned bill, Tarsiers, and numerous
illegal exports of marine species. These cases highlight the inadequate power of
the law to prevent wildlife crime. Amendments and improvements of RA 9147 is
required to curb the crime rate against wildlife and their habitat.
3. To successfully improve RA 9147, the study has identified two countries whose
wildlife conservation laws have been effective in deterring and discouraging
illegal activities against wildlife and their habitats, namely, Australia and the
United States of America. Drawing inspiration from the effectivity of these laws
and use it as a benchmark for proper amendments and improvement.
5. USA’s Lacey Act has been an deterrent for crimes against wildlife and its habitats
since 1900.It has gone through multiple amendments and improvements and
evolved through every decade. It is one of the most effective laws to combat
illegal animal smuggling and habitat destruction. One of the main strengths of
this law is its extraterritorial reach, allowing U.S. Authorities to prosecute beyond
its borders. A crucial deterrent for international animal smuggling rings, it has
been used to stop multiple smuggling organizations and have been holding
international corporations responsible for their destruction on animal habitat. The
strength and reach of this law is contingent with the country’s strength to enforce
it. Like Australia, the Lacey Act serves severe penalties, of bigger fines and
longer imprisonment.
Part 5: Conclusion and Recommendation
It is clear that RA 9147 lacks the strength to instill fear with those disregard the
law and perform overt acts that constitutes to crimes against wildlife and its ecosytems.
The law lacks the fangs to bite down against crime. To increase its effectivity, one
should look beyond the borders of the Philippines and get inspiration from successful
laws implemented by other countries. Lacey Act of the United States and EPBC Act of
Australia both share concepts of severe punishment that can be implimented with RA
9147. The researcher recommends amending section twenty-eight (28) of RA9147.
Specifically fines to be paid and prison time, although USA and Australia are first world
countries, thus constituting a higher minimal fine, the fine to be paid with RA 9147 is
severely underplayed. Large international organizations will not even flinch paying such
fines, it is but a miniscule amount compared to the gains in profit smuggling endangered
animals can be. Having inspiration with the Lacey Act, fines paid should be X amount +
twice the profit gained from the illegal act. This style of imposing fines will automatically
wipe out succeeding gains, thus adding a bigger risk to the entire illegal operation.In a
business perspective, this increased risk breaks the equilibrium, the risk and reward
ratio will be unbalanced. This will help deter small scale illegal operations from acting.
This type of amendment is one of the best approaches to increase its effectivity other
than increasing the amount of time spent in jail. In addition, increasing prison time for
illegal smugling of critically enndangered animals and habitat destruction for important
ecosystems stringent to the conservation of endangered animals should constitute to
reclusion perpetua with maximum fines. Being a main contributor for the extinction of a
species constitutes a severe penalty that should justify the vile act.
Reference
1. National Integrated Protected Areas System Act (Republic Act No. 7586):
Mr. X can amend this law by studying successful models from countries like
Costa Rica and Australia, renowned for their effective conservation efforts. He
can strengthen the protection of endangered species and habitats, establish
more protected areas, and enhance community involvement in conservation
initiatives.
2. Tourism Act of 2009 (Republic Act No. 9593): Mr. X can amend this law by
studying successful sustainable tourism practices from countries like New
Zealand and Costa Rica. He can promote eco-tourism initiatives, encourage
responsible tourism practices, and establish stricter regulations to protect fragile
ecosystems and wildlife.
By amending and improving these existing laws based on successful models from other
countries, Mr. X can make significant strides in addressing environmental problems and
promoting sustainability in the Philippines
Existing Philippine Laws to Amend and
Improve
If Mr. X wants to improve his reputation and credibility by tackling environmental
problems and sustainability projects, he can consider amending and improving existing
Philippine laws related to these topics. Here are some laws that he can focus on:
1. Clean Air Act (Republic Act No. 8749): Mr. X can study successful air pollution
control laws from other countries and propose amendments to strengthen the
existing Clean Air Act. This can include stricter emission standards for industries,
promoting the use of renewable energy sources, and implementing effective
monitoring and enforcement mechanisms.
2. Ecological Solid Waste Management Act (Republic Act No. 9003): Mr. X can
look into waste management laws from countries with successful recycling and
waste reduction programs. He can propose amendments to enhance the
implementation of the Ecological Solid Waste Management Act, such as
improving waste segregation practices, promoting recycling initiatives, and
implementing stricter penalties for non-compliance.
3. National Integrated Protected Areas System Act (Republic Act No. 7586):
Mr. X can explore successful laws protecting national parks and wildlife
sanctuaries in other countries. He can propose amendments to strengthen the
National Integrated Protected Areas System Act, such as increasing the
coverage of protected areas, enhancing biodiversity conservation efforts, and
improving the management and enforcement of protected areas.
Effects on Industries
The industries encompassed by these laws, such as manufacturing, energy, waste
management, and tourism, will be directly affected by the amendments. The effects can
include:
1. Increased Compliance Costs: Industries may need to invest in new
technologies, equipment, and processes to meet the stricter environmental
standards. This can lead to increased compliance costs in the short term.
2. Transition to Sustainable Practices: The amendments can drive industries to
adopt more sustainable practices, such as reducing carbon emissions,
implementing cleaner production methods, and promoting renewable energy
sources. This transition can lead to long-term benefits, including improved
environmental performance and reduced reliance on non-renewable resources.
3. Opportunities for Innovation: The amendments can create opportunities for
industries to develop and market innovative environmental technologies and
solutions. This can stimulate economic growth and job creation in the green
sector.
4. Improved Reputation and Market Access: Industries that demonstrate strong
environmental stewardship and compliance with the amended laws can enhance
their reputation and gain better market access, both domestically and
internationally. This can attract environmentally conscious consumers and
investors.
It is important for Mr. X to engage with industry representatives during the amendment
process to address their concerns and ensure a balanced approach that promotes both
environmental sustainability and economic growth.