last updated: 09 May 2018
General Information
Country
No country selected.
1. Title of this national report
Interim national report on the implementation of the Nagoya Protocol in the Philippines
2. Contact person
To view the current National Focal Point information, click
here .
Institutional structures for the implementation of the Protocol
3. Has your country made the information available to the ABS Clearing-House as provided in Article 14.2?
No
Please provide a summary of the main difficulties and challenges encountered and answer all the following questions.
Please provide further information
4. Has your country taken legislative, administrative and policy measures on ABS?
5. Has your country designated a national focal point as provided in Article 13?
Yes
Please provide a summary of the main difficulties and challenges encountered for designating a national focal point.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
6. Has your country designated one or more competent national authorities as provided in Article 13?
Yes
Please provide a summary of the main difficulties and challenges encountered for designating one or more competent national authority.
Use the text entry to provide further information
Department of Agriculture-Bureau of Fisheries and Aquatic Resources, Palawan Council for Sustainable Development ,and National Commission on Indigenous Peoples. Said agencies are involved in the implementation of country's policies on ABS.
The ABS Clearing-House unique ID containing relevant information
7. Has your country made available to the ABS Clearing-House permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent (PIC) and of the establishment of mutually agreed terms (MAT)?
8. Has your country made available to the ABS Clearing-House permits or their equivalent for the constitution of an internationally recognized certificate of compliance in accordance with Article 17.2?
Not applicable, since no access requirements are in place
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
9. Has your country designated one or more checkpoints as provided in Article 17?
No
Please provide a summary of the main difficulties and challenges encountered for designating one or more checkpoints:
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
10. Additional Information:
Legislative, administrative or policy measures on access and benefit-sharing (ABS measures)
Access to genetic resources (Article 6)
11. Is access to genetic resources subject to PIC as provided in Article 6.1?
Yes
Please provide further information including indicating if there is any other system in place in relation to access to genetic resources
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
12. Does your country have fair and non-arbitrary rules and procedures on accessing genetic resources as provided in Article 6.3 (b)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
13. Does your country provide information on how to apply for PIC as provided in Article 6.3(c)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
14. Does your country provide for a clear and transparent written decision by a competent national authority as provided in Article 6.3 (d)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
15. Does your country provide for the issuance at the time of access of a permit or its equivalent as provided in Article 6.3 (e)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
16. Please provide the number of permits or their equivalents made available through the ABS-Clearing-House since the entry into force of the Protocol for your country.
0
Use the text entry to provide further information
50 Certification Precondition on Free and Prior Informed Consent (FPIC application relative to the project/programs within and effective ancestral domain were issued by NCIP; 38 Gratuitous Permit approved and 11 Memorandum of Agreements processed (2 were approved) from the DENR (BMB and Regional Office)
The ABS Clearing-House unique ID containing relevant information
17. Does your country have rules and procedures for requiring and establishing MAT as provided in Article 6.3 (g)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
18. Benefits received since entry into force of the Protocol for your country from the utilization of:
Genetic resources
Yes
Non-monetary benefits
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
19. Additional Information:
Fair and equitable benefit-sharing (Article 5)
20. Has your country taken legislative, administrative or policy measures to implement Article 5.1 that provides that benefits arising from the utilization of genetic resources as well as subsequent applications and commercialization are shared with the Party providing such resources that is the country of origin of such resources or a Party that has acquired the genetic resources in accordance with the Convention as provided in Article 5.3?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
21. Has your country taken legislative, administrative or policy measures with the aim of ensuring that the benefits from the utilization of genetic resources held by indigenous and local communities, in accordance with domestic legislation regarding the established rights of these indigenous and local communities over these genetic resources, are shared with the indigenous and local communities concerned as provided in Article 5.2?
Yes
Use the text entry to provide further information
Republic Act 8371 (Indigenous Peoples Rights Act (IPRA);
National Commission on Indigenous Peoples Act Administrative Order No. 1 (The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws (CLs) Research and Documentation Guidelines of 2012; National Commission on Indigenous Peoples Act Administrative Order No. 3 (The Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes) of 2012;
Republic Act 9147 (Wildlife Resources Conservation and Protection Act);
Joint DENR, DA, PCSD and NCBP Administrative Order No. 01, Series of 2005 (Guidelines for Bioprospecting Activities in the Philippines);
Joint NCIP and Intellectual Property Office Philippines (IPOPhil) Administrative Order No. 1, Series of 2016 (Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Peoples and Indigenous Cultural Communities)
The ABS Clearing-House unique ID containing relevant information
22. Has your country taken legislative, administrative or policy measures in order that benefits arising from the utilization of traditional knowledge associated with genetic resources are shared with indigenous and local communities holding such knowledge as provided in Article 5.5?
Yes
Use the text entry to provide further information
Republic Act 8371 (Indigenous Peoples Rights Act (IPRA);
National Commission on Indigenous Peoples Act Administrative Order No. 1 (The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws (CLs) Research and Documentation Guidelines of 2012; National Commission on Indigenous Peoples Act Administrative Order No. 3 (The Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes) of 2012;
Republic Act 9147 (Wildlife Resources Conservation and Protection Act);
Joint DENR, DA, PCSD and NCIP Administrative Order No. 01, Series of 2005 (Guidelines for Bioprospecting Activities in the Philippines);
Joint NCIP and IPOPhil Administrative Order No. 1, Series of 2016 (Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Peoples and Indigenous Cultural Communities)
The ABS Clearing-House unique ID containing relevant information
23. Additional Information:
No additional information provided
Please provide a summary of the main difficulties and challenges for putting measures in place:
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Compliance with domestic legislation or regulatory requirements on ABS (Article 15 and Article 16) and monitoring the utilization of genetic resources (Article 17)
24. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within your jurisdiction have been accessed in accordance with PIC and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party as provided in Article 15.1?
No
Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 15.2?
No selection made
Please provide further information on the measures taken, including when they entered into force
Please provide further information on cases of non-compliance
Have there been specific cases in which your country cooperated with other Parties in cases of alleged violation of ABS measures as provided in Article 15.3?
No selection made
Please provide further information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
25. Has your country taken appropriate, effective and proportionate legislative, administrative or policy measures to provide that traditional knowledge associated with genetic resources utilized within your jurisdiction has been accessed in accordance with PIC or approval and involvement of indigenous and local communities and that MAT have been established as required by the domestic ABS legislation or regulatory requirements of the other Party where such indigenous and local communities are located as provided in Article 16.1?
Yes
Please indicate whether your country has taken measures to address situations of non-compliance with those measures as provided in Article 16.2?
Has your country cooperated in specific cases of alleged violation of ABS measures as provided in Article 16.3?
Yes
Please provide further information
Joint NCIP and Intellectual Property Rights Office of the Philippines (IPOPhil) Administrative Order No. 1, Series of 2016 Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous peoples and Indigenous Cultural Communities).
Use the text entry to provide further information
Joint NCIP and Joint NCIP and IPOPhil Administrative Order No. 1, Series of 2016 (Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Peoples.
The ABS Clearing-House unique ID containing relevant information
26. Does your country require users of genetic resources to provide information related to PIC, to the source of the genetic resource, to the establishment of MAT and/or utilization of genetic resources at a designated checkpoint, as appropriate, as provided in Article 17.1 (a)(i) and (ii))?
Yes
Please provide further information
Has your country taken measures to address situations of non-compliance?
Yes
Please provide further information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
27. Has your country provided the information referred to in Article 17.1 (a)(i) to relevant national authorities, to the Party providing PIC and to the ABS Clearing-House as provided in Article 17.1 (a)(iii)
No
Has your country made use of the checkpoint communique?
Not selected
Please provide further information
Please provide a summary of the main difficulties and challenges for putting measures in place:
Any other relevant documents
28. Has your country taken measures to encourage users and providers to include provisions in MAT to share information on the implementation of such terms as provided in Article 17.1(b)?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
29. Is your country encouraging the use of cost-effective communication tools and systems as provided in Article 17.1 (c)?
Yes
Please provide further information on how your country is encouraging the use of cost-effective communication tools and systems.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
30. Additional Information:
Compliance with mutually agreed terms (MAT) (Article 18)
31. Is your country encouraging the inclusion of provisions in MAT to cover dispute resolution as provided in Article 18.1 (a) (b) and (c)?
Not applicable, since no access requirements are in place
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
32. Does your country ensure that opportunity to seek recourse is available under your legal systems in cases of disputes arising from MAT as provided in Article 18.2?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
33. Has your country taken measures regarding the following points as provided in Article 18.3?
Access to justice?
Yes
Please provide further information
Utilization of mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards?
No
Please provide further information
The ABS Clearing-House unique ID containing relevant information
34. Additional Information:
Special considerations (Article 8)
35. In the development and implementation of ABS legislation or regulatory requirements has your country:
36. Additional Information:
Provisions related to indigenous and local communities (Articles 6, 7 and 12)
37. Does your country have indigenous and local communities?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
38. Do indigenous and local communities have the established right to grant access to genetic resources according to your domestic law? (Article 6.2)
Yes
Please provide further information and reference to the domestic law establishing rights of indigenous and local communities to grant access to genetic resources
Indigenous Peoples Rights Act (Republic Act 8371) provides that right to the indigenous peoples.
The ABS Clearing-House unique ID containing relevant information
Does your country have measures in place with the aim of ensuring that the prior informed consent or approval and involvement of indigenous and local communities is obtained as provided in Article 6.2?
Yes
Please provide further information
Has your country set out criteria and/or process for obtaining prior informed consent or approval and involvement of indigenous and local communities for access to genetic resources in Article 6.3(f)?
Yes
Please provide further information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
39. In accordance with domestic law has your country taken measures with the aim of ensuring that traditional knowledge associated with genetic resources that is held by indigenous and local communities within your country is accessed with the PIC or approval and involvement of these indigenous and local communities and that MAT have been established as provided in Article 7?
Yes
Use the text entry to provide further information
There are even specific guidelines on FPIC issued by the National Commission on Indigenous Peoples.
The ABS Clearing-House unique ID containing relevant information
40. In implementing the Protocol and in accordance with your domestic law, is your country taking into consideration indigenous and local communities’ customary laws, community protocols and procedures with respect to traditional knowledge associated with genetic resources as provided in Article 12.1?
Yes
Use the text entry to provide further information
Documentation of Customary Laws and IKSPs (TK, TCEs and GRs), e.g. Joint project of NCEP, DENR and GIZ in Agusan Marsh Wildlife Sanctuary
The ABS Clearing-House unique ID containing relevant information
41. Has your country established mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations as provided in Article 12.2?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
42. Is your country supporting the development by indigenous and local communities of the following tools as provided in Article 12.3?
No selection made
Community protocols
Yes
Please provide further information on how your country is supporting the development of community protocols.
The ABS Clearing-House unique ID containing relevant information
Minimum requirements for mutually agreed terms
Yes
Please provide further information on how your country is supporting the development of minimum requirements mutually agreed terms.
The ABS Clearing-House unique ID containing relevant information
Model contractual clauses
Yes
Please provide further information on how your country is supporting the development of model contractual clauses.
The ABS Clearing-House unique ID containing relevant information
43. Has your country endeavoured not to restrict the customary use and exchange of genetic resources and associated traditional knowledge within and among indigenous and local communities as provided in Article 12.4?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
44. Additional Information:
Contribution to conservation and sustainable use (Article 9)
45. Is your country encouraging users and providers to direct benefits arising from the utilization of genetic resources towards the conservation of biological diversity and sustainable use of its components as provided in Article 9?
Yes
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
46. Please indicate how the implementation of the Nagoya Protocol has contributed to conservation and sustainable use of biodiversity in your country:
No answer provided
The ABS Clearing-House unique ID containing relevant information
47. Additional Information:
Transboundary cooperation (Article 11)
48. Is your country endeavouring to cooperate, with the involvement of indigenous and local communities concerned, with a view to implementing the Protocol in instances where the same genetic resources are found in situ within the territory of more than one Party as provided in Article 11.1?
No
If your country has indigenous and local communities, please provide further detail of their involvement.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
49. Is your country endeavouring to cooperate with a view to implementing the Protocol in instances where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties as provided in Article 11.2?
Not applicable, since there are no indigenous and local communities in my country
Yes
Use the text entry to provide further information
There is a proposed ASEAN FPIC arrangements，for the purpose of advocating for the observance of uniform mechanisms.
The ABS Clearing-House unique ID containing relevant information
50. Additional Information:
Model contractual clauses, codes of conduct, guidelines and best practices and/or standards (Article 19 and 20)
51. Is your country encouraging the development, update and use of model contractual clauses for MAT as provided in Article 19?
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
52. Is your country encouraging the development, update and use of codes of conduct, guidelines and best practices or standards as provided in Article 20?
Yes
Use the text entry to provide further information
The concerned appropriate competent authorities are the Philippine Health Research Ethics Board (PHREB), National/Regional Ethical Committees, National Museum of the Philippines. The National Commission on Culture and Arts (NCCA) is closely coordinating relative to uniform observance of the National Guidelines on the Conduct of Research as well as guidelines on FPIC in accordance with the Indigenous Peoples Rights Act (IPRA)
The ABS Clearing-House unique ID containing relevant information
53. Additional Information:
Awareness-raising and capacity (Article 21 and 22)
54. Has your country taken measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues as provided in Article 21?
Yes
Has your country taken measures to implement the awareness-raising strategy for the Nagoya Protocol on ABS? Adopted as descision NP-1/9
Yes
Please provide a summary of the measures taken.
The ABS Clearing-House unique ID containing relevant information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
55. Has your country taken measures to build and develop capacity and strengthening of human resources and institutional capacities to effectively implement the Protocol as provided in Article 22?
Yes
Has your country taken measures to implement the strategic framework for capacity-building and development to support effective implementation of the Nagoya Protocol on ABS?
Yes
Please provide a summary of the measures taken.
The ABS Clearing-House unique ID containing relevant information
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
56. Has your country received external support for building and developing capacity for the implementation of the Nagoya Protocol?
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
57. Has your country provided external support for building and developing capacity for the implementation of the Nagoya Protocol?
No
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
58. Additional Information:
Technology transfer, collaboration and cooperation (Article 23)
59. Is your country collaborating and cooperating in technical and scientific research and development programmes as a means to achieve the objective of the Protocol as provided in Article 23?
No
Please provide a summary of the measures taken.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
Optional additional information
60. Please provide a summary of the main difficulties and challenges encountered for becoming a Party to the Nagoya Protocol.
61. Has your country established a mechanism for budgetary allocations of funds for the implementation of the Nagoya Protocol?
No
Please provide further information
Please provide a summary of the main difficulties and challenges encountered.
Use the text entry to provide further information. including on experiences gained in relation to mobilization of resources to support the implementation of the Nagoya Protocol and the status of funds mobilized (level of domestic expenditures, or the amount of and trends in funding allocated, for the implementation of the Protocol and the funding gap)
The ABS Clearing-House unique ID containing relevant information
62. a) Has your country made financial resources available to other Parties or received financial resources from other Parties or financial institutions for the purposes of implementation of the Protocol as provided in Article 25?
Use the text entry to provide further information, .including on the status of financial resources (total amount) mobilized donated or received for the purposes of implementation of the Protocol
The ABS Clearing-House unique ID containing relevant information
62. b). Please provide information on experiences related to the mobilization of resources in support of the implementation of the Protocol.
No information provided
62. c). Please provide information on the status of funds mobilized in support of the implementation of the Protocol.
No information provided
63. Does your country have specific staff to administer functions directly related to the implementation of the Nagoya Protocol?
No selection made
Please provide a summary of the main difficulties and challenges encountered.
Use the text entry to provide further information
The ABS Clearing-House unique ID containing relevant information
64. Any other relevant information:
No information provided
The ABS Clearing-House unique ID containing relevant information
Any other relevant documents
Comments in the reporting format
65. Please provide any comment that you may have regarding the format of this report:
