Legalities

Trading of Aquilaria by-products Agarwood is still illegal to those who are harvesting from the wild and without Business Permits and Licenses to trade.

Aquilaria malaccensis as the main source of agarwood is an ENDANGERED species and highly regulated per Department of Environment and Natural Resources (DENR).

If you are considering planting the species for INVESTMENT, Business Permits and Licenses must be secured, whether for single proprietorship (Department of Trade and Industry Business Name) or corporation (Securities and Exchange Commission Business Certificate of Registration).

Only buy your planting materials from a nursery with Wildlife Culture Permit authorized by the DENR to commercially distribute this endangered species. This is the remedy to distribute seeds and seedlings legally. Always ask for sales invoice upon purchase as a proof of legally acquired planting materials.

Then, visit your DENR Community Environment and Natural Resources Office (CENRO) to get the required documents for the registration of your plantation, Private Tree Plantation Registration (PTPR). This is the document remedy to harvest or to cut off the trees and eventually trade legally.

The DENR Community Environment and Natural Resources Office (CENRO) is the lead steward for the preservation and protection of outstanding natural resources; forest, watersheds, tree parks, mangroves, greenbelts and other similar forest development project.

[DAO 2019-09] Section 6. Species listed under CITES Appendices, and Non-CITES Exotic species “For purposes of penalties under RA 9147, the species listed under CITES shall be treated as follows: Appendix I will be considered under the category of  critically endangered; Appendix II will be considered under the category of endangered; and, Appendix III shall be considered under the vulnerable category. Should a species listed in both CITES and this Order fall under the different categories, the category in this Order shall prevail. Further, exotic species not listed in any of CITES Appendices shall be considered as Other Wildlife Species.”

[DAO 2019-09] Section 9. Illegal Acts“It shall be unlawful for any person, group or entity to collect and/or trade threatened wild fauna listed hereof, unless such acts are covered by a permit issued by the DENR in accordance with existing wildlife laws, rules and regulations.

[RA 9147] Section 28. Penalties for Violations of this Act “For any person who undertakes illegal acts under paragraph (a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the following penalties and/or fines shall be imposed:”

“(a) imprisonment of a minimum of six (6) years and one (1) day to twelve(12) years and/or a fine of one hundred thousand pesos (P 100,000.00) to one million pesos (P 1,000,000.00), if inflicted or undertaken against species listed as critical;”

“(b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of fifty thousand pesos (P 50,000.00) to five hundred thousand pesos (P 500,000.00), if inflicted or undertaken against endangered species;”

“(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of thirty thousand pesos (P30,000.00) to three hundred thousand pesos (P 300,000.00), if inflicted or undertaken against vulnerable species;”

“(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of twenty thousand pesos (P 20,000.00) to two hundred thousand pesos (200,000.00), if inflicted or undertaken against other threatened species; and”

“(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of ten thousand pesos (P 10,000.00) to one hundred thousand pesos (P 100,000.00), if inflicted or undertaken against other wildlife species.”

“All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with violations of this Act, shall be ipso facto forfeited in favor of the government: Provided, That where the ownership of the aforesaid conveyances belong to third persons who has no participation in or knowledge of the illegal acts, the same may be released to said owner. The apprehending agency shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area.”

“IF THE OFFENDER IS AN ALIEN, HE SHALL BE DEPORTED AFTER SERVICE OF SENTENCE AND PAYMENT OF FINES, WITHOUT ANY FURTHER PROCEEDINGS.”
“The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and maintain the deterrent function of such fines.

RA 9147 regulates the collection and trade of wildlife, especially protecting threatened or exotic species under domestic law pursuant to international conventions. RA 11038 aims to establish a legal basis for local communities and other stakeholders to participate in the management and protection of protected areas

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