Dear PAO,

I work for a mining company somewhere in Luzon. During my stay at one of the mining sites, I befriended some of the miners and personnel assigned to that area. We usually drink after a week of work to unwind and rest. I often notice that during our drinking sessions, one of the miners would offer us large chunks of grilled meat that he calls exotic meat. When I asked what kind of meat they were cooking and serving, I was told that it was a monitor lizard, locally known as bayawak, that they caught in the forest near the mining site. I was surprised by this because I recall that we were told in our job training that eating wild animals from the local area is illegal. I am not absolutely sure, though, if a monitor lizard is among the wild animals that are off-limits. I asked the group if they were allowed to catch and cook it, but they just shrugged and went about eating it while drinking. Because of this, I want to ask if their practice of catching and eating a bayawak is allowed by the law. I am afraid that we might be doing something harmful and prohibited.

Steve

Dear Steve,

To answer your query, we shall refer to Republic Act (RA) 9147 (RA 9147), which is known as the “Wildlife Resources Conservation and Protection Act.” This law was passed as part of the policy of the State to conserve and protect wildlife species and to regulate the collection and trade of wildlife. (Sec. 2, RA 9147) Included in this law is the determination of what is to be considered a threatened species and its protection from destruction and killing, which are considered illegal acts under this law. (Article 3, Id.)

In relation to this, a joint implementing rules and regulations (IRR) issued by the Department of Environment and Natural Resources (DENR) together with the Department of Agriculture (DA) prescribes the guidelines for RA 9147. According to this IRR, it is unlawful for any person to exploit wildlife resources and to undertake acts such as killing and destroying wildlife species. (Sec. 27(a), Chapter IV, Art. 3, IRR of RA 9147)

As to the classification of a monitor lizard, the DENR issued Administrative Order 2019-09, dated July 12, 2019, pursuant to RA 9147, which provides for an updated list of threatened Philippine fauna and their categories. Threatened species are defined here as species that are considered as critically endangered and vulnerable, and whose populations are at risk of extinction. (Sec. 1(e)) Under this list, monitor lizards including their different varieties are considered as threatened species which are prohibited from being collected and traded. As such, it is clear that “bayawak” or monitor lizard is protected by law. Consequently, its killing and consumption are prohibited and considered as an illegal act.

In addition to this, it must also be considered that the act of capturing wildlife disturbs the ecosystem, which negatively affects the environment.

Lastly, note that the punishment for the killing and destruction of wildlife species, especially those considered as threatened species, carries a hefty fine ranging from P10,000 to P1 million and/or imprisonment with a period ranging from six months and one day to 12 years, depending on the category of the species. (Sec. 28, Chapter V, Joint DENR-DA-PCSD Administrative Order 01-2004 dated May 18, 2004)

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]