Compliance and Enforcement for Coastal Fisheries Management in ...
FISHERIES LAW ENFORCEMENT MANUAL OF OPERATION
Transcript of FISHERIES LAW ENFORCEMENT MANUAL OF OPERATION
TABLE OF CONTENTS
Part I. Introduction Page 1 Part II. Definitions Page 5 Part III. Prohibited Acts Under
RA 8550 as amended by RA 10654 Page 9
Part IV. Standard Operating
Procedures Page 87 Part V. Legal Forms Page 151 Part VI. Administrative Procedure
and Disposition of Seized Items Page 197
Part VII. List of Annexes Page 207 Acknowledgement Page 261
1
Part I
INTRODUCTION
A. IMPORTANCE
The need for standard operating procedures (SOP) is very
important in ensuring efficient and effective enforcement of fishery
laws, rules and regulations. The continuous decline of the fisheries
and aquatic resources and the degradation of the ecological
condition of the Philippine waters also highlight the necessity of
strengthening fishery law enforcement.
B. PURPOSE
The purpose of this Manual of Operations is to provide
standard operating procedures for all enforcers who are engaged in
the enforcement of fishery laws, rules and regulations. It also seeks
to outline speedy and effective handling of violations of such laws
and regulations.
C. SCOPE
This Manual of Operations consists of standard operating
procedures in handling fishery law violations including procedures
during information gathering and surveillance, boarding, detection
of illegally- caught fish, detection of illegal importation and
exportation of fish and fishery/aquatic products, arrest, search,
seizure, detention, documentation and handling of evidence, use of
2
standardized legal forms, filing of criminal complaint before the
Office of the Prosecutor, filing of administrative charges before the
Adjudication Committee, disposal of seized fish and fishery/aquatic
products, safe-keeping, custody and disposal of seized items,
fishing paraphernalia, boat/vessel, conveyances, tool and
equipment .
D. USAGE
This Manual of Operations shall be adopted as the standard
operating procedures of the law enforcement officers of the
Department of Agriculture (DA) through the Bureau of Fisheries and
Aquatic Resources (BFAR). This is likewise intended for the use of
the following government agencies deputized by law to conduct
Fisheries Law enforcement operations:
1. Philippine Navy (PN);
2. Philippine Coast Guard (PCG);
3. Philippine National Police (PNP);
4. PNP-Maritime Group (PNP-MG);
5. Law enforcement officers of the Local Government
Units (LGUs);
6. Law enforcement officers of other government
enforcement agencies;
7. National Prosecution Service (NPS) of the
Department of Justice (DOJ);
3
8. National Bureau of Investigation (NBI);
9. Bureau of Immigration (BI);
10. Philippine Ports Authority (PPA);
11. Bureau of Customs (BOC);
12. Other competent government officials and
employees, punong barangays and officers and
members of fisherfolk associations who have
undergone training on law enforcement and are
deputized as fish wardens.
E. LEGAL BASES
The adoption of this Manual of Operations is pursuant to the
Philippine Constitution, the Philippine Fisheries Code of 1998 as
amended by the Act to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing which lapsed into law on
February 27,2015, the Local Government Code of 1991, Tariff and
Customs Code of the Philippines, the Philippine Coast Guard Law
of 2009, Consumers Welfare and Protection Act, Administrative
Code of the Philippines as well as relevant Fisheries Administrative
Orders issued by the Department in connection with the
enforcement of fishery laws, rules and regulations, Rules of Court
and the Rules of Procedure for Environmental Cases.
5
Part II
DEFINITION OF TERMS
As used in this Manual, the following terms shall mean:
A. APPREHENSION
The act of taking of a person suspected of having committed
a violation of fisheries laws, rules and regulations and other related
laws, rules and regulations.
B. BOAT/VESSEL
Any boat, ship or other watercraft equipped to be used for
taking of fishery species or aiding or assisting one (1) or more
vessels in the performance of any activity relating to fishing,
including, but not limited to, preservation, supply, storage,
refrigeration, transportation and/or processing (Section 4(46),
Republic Act No. 8550, as amended by Republic Act No. 10654).
C. CONFISCATION
The official act of declaring the items seized as becoming
property of the Government of the Republic of the Philippines.
D. FINE MESH NET
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A net with mesh size of less than three centimeters (3 cm.)
measured between two (2) opposite knots of a full mesh when
stretched or as otherwise determined by the appropriate
government agency (Section 4(24), Republic Act No. 8550, as
amended).
E. FISH AND FISHERY/AQUATIC PRODUCTS
These include not only finfish but also mollusk, crustaceans,
echinoderms, marine mammals, and all other species of aquatic
flora and fauna and all other products of aquatic living resources in
any form (Section 4(25), Republic Act No. 8550, as amended)
F. FISH EXAMINER
Any person who has undergone the requisite training for fish
examiners and has been duly certified by BFAR to conduct the
scientific examination of fish sample/s.
G. FISH WARDEN
Any competent government officials and employees,
punong barangays and officers and members of fisherfolk
associations who have undergone training on law enforcement and
have been deputized as fish warden.
H. FISHERFOLK ASSOCIATIONS
The fisherfolk cooperatives and fisherfolk organizations as
defined in Section 4 (32) and (33) of Republic Act No. 8550, as
amended.
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I. HORSESHOE APPROACH
The manner of approaching a suspect vessel by the
apprehending vessel by following a horseshoe or figure-of-eight
configuration.
J. SEIZURE
The official act of taking by persons authorized to do so of
the items listed in the inventory report(s) and/or sheet(s) into
government custody pending the filing of formal court or
administrative proceedings.
K. SUPERLIGHT
Also called magic light, it is a type of light using halogen or
metal halide bulb which may be located above the sea surface or
submerged in the water. It consists of a ballast, regulator, electric
cable and socket. The source of energy comes from a generator,
battery or dynamo coupled with the main engine.
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L. TREATER
A licensed entity duly accredited by the Department of
Environment and Natural Resources-Environmental Management
Bureau to properly dispose noxious substances or harmful bio-
toxins.
M. PHILIPPINE WATERS
All bodies of water within the Philippine territory such as
lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons,
gulfs, bays and seas and other bodies of water now existing or which
may hereafter exist in the provinces, cities, municipalities, and
barangays and the waters around, between and connecting the
islands of the archipelago regardless of their breadth and
dimensions, the territorial sea, the sea beds, the insular shelves and
all other waters over which the Philippines has sovereignty and
jurisdiction, including the 200-nautical miles exclusive economic
zone and the continental shelf. (Sec. 4(72), Republic Act. No. 8550
as amended)
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Part III
Prohibited Acts Under RA 8550 as amended by
RA 10654
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 86 (a).
Unauthorized
Fishing—
Capturing,
Gathering, or
causing to
Capture or
Gather fish, fry
or fingerlings
of any fishery
species or
fishery
products
without license
or permit from
the
Department or
LGU.
1. A person -captures, - gathers, or - causes to capture or gather… - fish - fry, or - fingerlings of
any fishery
species or
fishery
products;
2. Said person
has no license
or permit from
the DA-BFAR or
LGU.
Who are liable?
boat captain and
the three (3)
highest officers
of the
commercial
fishing vessel and
the owner or
operator
1. confiscation of
catch and gear,
and
2. administrative
fine of five (5)
times the value
of the catch or
the amount
indicated below,
Who are liable?
boat captain
and the three
(3) highest
officers of the
commercial
fishing vessel
1. imprison-
ment: six (6)
months; and
2. confiscation
of catch and
gear; and
3. fine which is
twice the
amount of the
10
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Exception:
-fishing for
daily food
sustenance or
for leisure
which is not for
commercial,
occupation or
livelihood
purposes
Prima Facie
presumption:
1. The
discovery of
any person in
possession of a
fishing gear or
operating a
fishing vessel
in a fishing
area where he
has no license
or permit shall
constitute a
prima facie
presumption
that the person
is engaged in
The prima facie
presumption
will not apply
if:
1.the gear of
the vessel is
not engaged in
fishing or
deployed, or
2. in cases of
BFAR
authorized and
supervised sea
and net trials.
whichever is
higher:
(1) Fifty thousand
pesos
(P50,000.00) to
One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
(2) One hundred
fifty thousand
pesos
(P150,000.00) to
Five hundred
thousand
pesos(P500,000.
00) for medium-
scale commercial
fishing; and
(3) One million
pesos
(P1,000,000.00)
to Five million
pesos
(P5,000,000.00)
for large-scale
administrative
fine.
11
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
unauthorized
fishing.
commercial
fishing.
Section 86 (b).
Unauthorized
Fishing—
Fishing by
commercial
fishing vessels
in municipal
waters.
1. The
commercial
fishing vessel is
in the act of
fishing;
2. The fishing is
done within
municipal
waters.
Who are liable?
boat captain and
the three (3)
highest officers
of the
commercial
fishing vessel and
the owner or
operator
1. confiscation of
catch and gear,
and 2.
administrative
fine of five (5)
times the value
of the catch or
the amount
indicated below,
whichever is
higher:
(1) Fifty thousand
pesos
(P50,000.00) to
One hundred
thousand pesos
(P100,000.00) for
small-scale
Who are liable?
the boat captain
and the three
(3) highest
officers of the
commercial
fishing vessel
1. imprison-
ment of six (6)
months; and
2. confiscation
of catch and
gear; and
3. twice the
amount of the
administrative
fine.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
commercial
fishing;
(2) One hundred
fifty thousand
pesos
(P150,000.00) to
Five hundred
thousand pesos
(P500,000.00) for
medium-scale
commercial
fishing; and
(3) One million
pesos
(P1,000,000.00)
to Five million
pesos
(P5,000,000.00)
for large-scale
commercial
fishing.
Section 86 (c).
Unauthorized
Fishing—
Commercial
fishing in
municipal
waters by
person not
listed in the
1. A person
engages in
commercial
fishing;
2. Said person
is not listed in
the registry of
1. administrative
fine equivalent to
twice the value
of catch or Five
thousand pesos
(P5,000.00),
whichever is
higher, and
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
registry of
municipal
fisherfolk.
municipal
fisherfolk;
3. The fishing is
done in
municipal
waters.
2. confiscation of
the catch and
fishing gear:
Provided, That if
the offender fails
to pay the fine,
he shall render
community
service.
Section 87.
Unauthorized
Fisheries
Activities
Prima facie
presumption:
The discovery
of any person
engaging in any
of the above
activities
without a
lease, license
or permit shall
constitute &
prima facie
presumption
that the person
is engaged in
1. A person a. exploits, occupies, produces, breeds or culture fish, fry or fingerlings of any fishery species or fishery products, or b. construct and operate fish corrals, fish traps, fish pens and fish cages or fishponds; 2. Said person has no license, lease or permit.
1. administrative
fine of Five
hundred
thousand pesos
(P500,000.00) to
One million
pesos
(P1,000,000.00),
2. the
dismantling or
removal of the
structure at the
expense of the
offender,
3. rehabilitation
of the area
affected by the
activity and
1. imprison-
ment of six (6)
months,
2. a fine
equivalent to
twice the
amount of the
administrative
fine,
3. the
dismantling or
removal of the
structure at the
expense of the
offender,
4. the
rehabilitation of
the area
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
unauthorized
fisheries
activity.
4. confiscation of
stocks.
affected by the
activity and
confiscation of
stocks.
Section 88 (a)
Failure to
secure fishing
permit prior to
engaging in
distant water
fishing .
Prima Facie
presumption:
The discovery
of any person
in possession
of a fishing
gear or
operating a
fishing vessel
in the
abovemention
ed areas
without a
fishing permit
from the
Department or
authorization
1. A person is fishing in the high seas, in the territorial seas, archipelagic waters, or Exclusive Economic Zones of other states; 2. Said person is using a Philippine flagged fishing vessel; 3. Said person did not secure prior fishing permit from the Department and authorization from the coastal state.
Who are liable?
the owner,
operator, and the
three (3) highest
officers of the
commercial
fishing vessel
1. confiscation of
the catch and
gear
2. administrative
fine equivalent to
five (5) times the
value of the
catch or the
amount indicated
below, whichever
is higher:
(1) Two million
pesos
(P2,000,000.00)
to Nine million
pesos
(P9,000,000.00)
Who are liable?
the three (3)
highest officers
of the
commercial
fishing vessel
1. imprison-
ment of six (6)
months and
2. fine
equivalent to
twice the
amount of the
administrative
fine, and
3. confiscation
of catch and
gear.
15
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
from the
coastal state
shall constitute
a prima facie
presumption
that the person
is in violation
of this
provision.
for small-scale
commercial
fishing;
(2) Ten million
pesos
(P10,000,000.00)
to Fifteen million
pesos
(P15,000,000.00)
for medium-scale
commercial
fishing; and
(3) Sixteen
million pesos
(P16,000,000.00)
to Twenty million
pesos
(P20,000,000.00)
for large-scale
commercial
fishing vessels
less than seven
hundred fifty
(750) gross tons,
and Twenty-five
million pesos
(P25,000,000.00)
to Forty-five
million pesos
(P45,000,000.00)
16
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
for large-scale
commercial
fishing vessels
seven hundred
fifty (750) gross
tons or more.
Section 88 (b).
Commission of
acts by a
commercial
fishing vessel
that are in
contravention
of the terms
and conditions
stated in the
fishing permit
or as may be
promulgated
by the
Department.
1. A commercial fishing vessel commits an act; 2. Said act is in contravention of the terms and conditions in its fishing permit or as promulgated by the DA-BFAR.
Section 89. (a) Unreported Fishing within waters of national jurisdiction
1. A person is
engaged in
fishing
activities;
2. Said fishing
is done within
waters of
Who are liable?
the owner or
operator of the
municipal or
commercial
fishing vessel and
the three (3)
Who are liable?
the three (3)
highest officers
of the
commercial
fishing vessel
17
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
national
jurisdiction;
3. Said person
failed to report
or misreported
said fishing
activities to the
Department in
contravention
of national
laws and
regulations of
the Philippines,
or
4. Said person
failed to
comply with
the reportorial
requirements
in Section 38 of
this Code.
highest officers
of the
commercial
fishing vessel
1. administrative
fine equivalent to
the value of the
catch or the
amount indicated
below, whichever
is higher:
(1) Five thousand
pesos
(P5,000.00) for
municipal fishing:
Provided, That if
the offender fails
to pay the fine,
he shall render
community
service;
(2) One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
(3) Two hundred
thousand pesos
1. imprison-
ment of six (6)
months and
2. a fine
equivalent to
twice the
amount of the
administrative
fine, and
3.confiscation of
catch and gear.
18
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(P200,000.00) for
medium-scale
commercial
fishing; and
(4) Five hundred
thousand pesos
(P500,000.00) for
large-scale
commercial
fishing.
Section 89. (a) Unreported Fishing in waters
beyond the
national
jurisdiction
1. A person is
engaged in
fishing
activities;
2. Said fishing
is done in the
area of
competence of
a relevant
RFMO;
3. Said person
failed to report
or misreported
said fishing
activities in
contravention
of the
reporting
procedures of
Who are liable?
the owner,
operator, and the
three (3) highest
officers of the
commercial
fishing vessel
1. administrative
fine equivalent to
five (5) times the
value of the
catch or the
amount indicated
below, whichever
is higher:
(1) Two million
pesos
(P2,000,000.00)
to Nine million
Who are liable?
the three (3)
highest officers
of the
commercial
fishing vessel
1. imprison-
ment of six (6)
months and
2. fine
equivalent to
twice the
amount of the
administrative
fine, and
19
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
that
organization
and further
elaborated by
regulations
promulgated
by the
Department, or
4. Said person
failed to
comply with
the reportorial
requirements
in Section 38 of
this Code.
pesos
(P9,000,000.00)
for small-scale
commercial
fishing;
(2) Ten million
pesos
(P10,000,000.00)
to Fifteen million
pesos
(P15,000,000.00)
for medium-scale
commercial
fishing; and
(3) Sixteen
million pesos
(P16,000,000.00)
to Twenty million
pesos
(P20,000,000.00)
for large-scale
commercial
fishing vessels
less than seven
hundred fifty
(750) gross tons,
and Twenty-five
million pesos
(P25,000,000.00)
to Forty-five
million pesos
3. confiscation
of catch and
gear.
20
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(P45,000,000.00)
for large-scale
commercial
fishing vessels
seven hundred
fifty (750) gross
tons or more.
Section 90. Unregulated Fishing within waters of national jurisdiction
1. A vessel is
engaged in
fishing
activities;
2. Said fishing is
done within
waters of
national
jurisdiction;
3. Said vessel is
without
nationality;
4. Said vessel is
operated by
Filipino and/or
Filipino
corporation.
Who are liable?
the owner,
operator, of the
municipal or
commercial
fishing vessel and
the three (3)
highest officers
of the
commercial
fishing vessel
1. confiscation of
catch and gear
and
2. administrative
fine equivalent to
the value of the
catch or amount
indicated below,
whichever is
higher:
Who are liable?
the three (3)
highest officers
of the
commercial
fishing vessel
1. imprison-
ment of six (6)
months; and
2. fine
equivalent to
twice the
amount of the
administrative
fines, and
3. confiscation
of catch and
gear.
21
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(1) Five thousand
pesos
(P5,000.00)) for
municipal fishing:
Provided, That if
the offender fails
to pay the fine,
he shall render
community
service;
(2) One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
(3) Two hundred
thousand pesos
(P200,000.00) for
medium-scale
commercial
fishing; and
(4) Five hundred
thousand pesos
(P500,000.00) for
large-scale
commercial
fishing.
22
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 90. Unregulated Fishing within waters
beyond
national
jurisdiction
1. A vessel is
engaged in
fishing
activities;
2. Said fishing
activities are
done in waters
beyond
national
jurisdiction;
3. Said vessel is
anyone of the
following:
(a.) The vessel
is without
nationality but
operated by
Filipino and/or
Filipino
corporation; or
(b) The vessel is
a Philippine
flagged fishing
vessel
operating in
areas managed
by RFMOs to
which the
Who are liable?
the owner,
operator, and the
three (3) highest
officers of the
commercial
fishing vessel
1. confiscation of
catch and gear,
and an 2.
administrative
fine equivalent to
five (5) times the
value of the
catch or the
amount indicated
below, whichever
is higher:
(1) Two million
pesos
(P2,000,000.00)
to Nine million
pesos
(P9,000,000.00)
for small-scale
commercial
fishing;
(2) Ten million
pesos
Who are liable?
the three (3)
highest officers
of the
commercial
fishing vessel
1. imprison-
ment of six (6)
months and
2. fine
equivalent to
twice the
amount of the
administrative
fines,
3. confiscation
of catch and
gear.
23
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Philippines is
not a party;
(c) The vessel is
a Philippine
flagged fishing
vessel
operating in
areas or fish
stocks where
there are no
applicable
conservation
and
management
measures.
(P10,000,000.00)
to Fifteen million
pesos
(P15,000,000.00)
for medium-scale
commercial
fishing; and
(3) Sixteen
million pesos
(P16,000,000.00)
to Twenty million
pesos
(P20,000,000.00)
for large-scale
commercial
fishing vessels
less than seven
hundred fifty
(750) gross tons,
and Twenty-five
million pesos
(P25,000,000.00)
to Forty-five
million pesos
(P45;000,000.00)
for large-scale
commercial
fishing vessels
seven hundred
fifty (750) gross
tons or more.
24
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 91.
Poaching in
Philippine
Waters.
1. A foreign
person,
corporation or
entity is
engaged in
fishing or is
operating a
fishing vessel;
2. The fishing or
operation is in
Philippine
waters.
fine of Six
hundred
thousand US
dollars
(US$600,000.00)
to One million US
dollars
(US$1,000,000.0
0) or its
equivalent in
Philippine
currency.
1. fine of One
million two
hundred
thousand US
dollars
(US$1,200,000.0
0), or its
equivalent in
Philippine
currency, 2.
confiscation of
catch, fishing
equipment and
fishing vessel.
If the offender is
caught within
internal waters:
1. an additional
penalty of
imprisonment
of six (6) months
and one (1) day
to two (2) years
and two (2)
months shall be
imposed.
25
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
2. If
apprehended
for the second
time within
internal waters,
the offender
shall be
punished with
imprisonment
of three (3)
years and a fine
of Two million
four hundred
thousand US
dollars
(US$2,400,000.0
0) or its
equivalent in
Philippine
currency:
No foreign
person shall be
deported
without the
payment of the
imposed judicial
and/or
administrative
fines and service
26
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
of sentence, if
any.
Section 92 (a).
Fishing
Through
Explosives,
Noxious or
Poisonous
Substance, or
Electricity.
Prima facie
evidence:
1. The
discovery of
dynamite,
other
explosives and
chemical
compounds
which contain
combustible
elements, or
noxious or
poisonous
substances, or
equipment or
device for
electrofishing
1. A person catches, takes, gathers or causes to be caught, taken or gathered fish or any fishery species; 2. Any of said activities is done in Philippine waters; 3. Any of said activities is done with the use of -explosives, - noxious or poisonous substance such as sodium cyanide; 4. Said materials or substances kill, stupefy, disable or
1. confiscation of
catch including
those not caught
illegally if co-
mingled with
those caught
illegally,
2. confiscation of
gear, explosives
and noxious or
poisonous
substances, or
electrofishing
devices and
paraphernalia
and gear,
3. administrative
fine equivalent to
five (5) times the
value of the
catch or the
amount of fine
indicated below
whichever is
higher:
1. imprison-
ment from five
(5) to ten (10)
years,
2. confiscation
of catch,
including those
not caught
illegally if co-
mingled with
those caught
illegally,
3. confiscation
of gear,
explosives and
noxious or
poisonous
substances, or
electrofishing
devices and
paraphernalia,
gear, and
4. payment of
fine equivalent
to twice the
amount of the
administrative
27
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
in any fishing
vessel;
2. The
discovery of
the above in
the possession
of any
fisherfolk,
operator,
fishing boat
official; or
3. The
discovery in
any fishing
vessel of fish
caught or killed
with the use of
explosives,
noxious or
poisonous
substances, or
by electricity.
render unconscious fish or fishery species.
(1) Thirty
thousand pesos
(P30,000.00) for
municipal fishing;
(2) Three
hundred
thousand pesos
(P300,000.00) for
small-scale
commercial
fishing;
(3) One million
five hundred
thousand pesos
(P1,500,000.00)
for medium scale
commercial
fishing; and
(4) Three million
pesos
(P3,000,000.00)
for large scale
commercial
fishing.
fine, without
prejudice to the
filing of
separate
criminal cases
when the use of
the same result
to physical
injury or loss of
human life.
For the actual
use of
electrofishing
devices for
illegal fishing :
1. imprison-
ment of six (6)
months and 2.
fine of Five
thousand pesos
(P5,000.00).
Section 92(b).
Possession of
Explosives,
Noxious or
Poisonous
1. A person
possesses
explosives and
noxious or
1. confiscation of
catch, gear, and
2. administrative
fine equivalent to
five (5) times the
1. imprison-
ment from six
(6) months to
two (2) years,
and
28
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Substances for
illegal fishing.
poisonous
substances;
2. Said
possession is
for illegal
fishing.
value of the
catch or the
amount indicated
below whichever
is higher:
(1) Ten thousand,
pesos
(P10,000.00) for
municipal fishing;
(2) One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
(3) Five hundred
thousand
pesos(P500,000.
00) for medium
scale commercial
fishing; and
(4) One million
pesos
(P1,000,000.00)
for large scale
commercial
fishing.
2. fine
equivalent to
twice the
amount of the
administrative
fine and
3. confiscation
of catch and
gear.
29
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 93.
Use of Fine
Mesh Net.
Exceptions:
allowed
through a
specific gear
license or
permit:
1. If the net is
used to catch:
(a) Padas
(Siganidae),
bangus fry
(Chanos
chanos), sugpo
fry
(Penaeidae),
banak fry
(Mugilidae),
glass eels and
elvers
(Anguilidae)
and such other
immature
species for
culture
1. A person is
engaged in
fishing;
2. He is using
net with mesh
smaller than
that
determined by
the
Department.
Fine Mesh Net
- net with mesh
size of less
than three
centimeters (3
cm.) measured
between two
(2) opposite
knots of a full
mesh when
stretched or as
otherwise
determined by
the
appropriate
government
agency.
Who is liable?
owner, operator,
captain or master
fisherman in case
of commercial
fishing vessel, or
the municipal
fisherfolk
1.confiscation of
the catch;
2. confiscation of
fishing gear, and
3. administrative
fine equivalent to
three (3) times
the value of the
catch or the
value indicated
below, whichever
is higher:
(1) Twenty
thousand pesos
(P20,000.00) for
municipal fishing:
Provided, That if
the municipal
fisherfolk fails to
pay the fine, he
shall render
Who is liable?
captain or
master
fisherman in
case of
commercial
fishing vessel, or
the municipal
fisherfolk
1. imprison-
ment of six (6)
months to two
(2) years and
2. fine
equivalent to
twice the
administrative
fine, and
3. confiscation
of catch and
gear.
30
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
purposes;
(b)Aquarium/o
rnamental
animals; and,
(c) Other
species already
mature such
as, but not
limited to,
alamang
(Acetes spp.),
tabios
(Pandaca
pygmea),
sinarapan
(Mistichthys
luzonensis),
dilis
(Engraulidae),
and
snails(Ampulari
a luzonica and
Vivipora spp.),
2. In cases of
ring nets, purse
seines for
sardines,
mackerels and
scads, and
bagnets,
community
service;
(2) Fifty thousand
pesos
(P50,000.00) for
small-scale
commercial
fishing;
(3) One hundred
thousand pesos
(P100,000.00) for
medium-scale
commercial
fishing;
(4) Two hundred
thousand pesos
(P200,000.00) for
large-scale
commercial
fishing.
31
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
wherein the
mesh size is 1.9
centimeters
(17 knots),
measured
between two
opposite knots
of a full mesh
when
stretched:
provided,
however, that
the operator is
required to
take measures
to ensure that
no juvenile will
be caught.
Section 94.
Fishing in
Overexploited
Fishery
Management
Areas.
1. A person is
fishing in a
fishery
management
area (FMA);
2. Said FMA is
declared as
overexploited.
1. confiscation of
catch and fishing
gears, and
2. administrative
fine equivalent to
the value
indicated below:
(1) Three (3)
times the value
of catch or
Twenty thousand
pesos
1. imprison-
ment of six (6)
months and one
(1) day to six (6)
years , and
2. fine of Five
hundred
thousand pesos
(P500,000.00) to
Five million
pesos
32
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(P20,000.00),
whichever is
higher, for
municipal fishing:
Provided, That if
the offender fails
to pay the fine,
he shall render
community
service;
(2) Five (5) times
the value of
catch or One
hundred
thousand pesos
(P100,000.00),
whichever is
higher, for small-
scale commercial
fishing;
(3) Five (5) times
the value of
catch or Three
hundred
thousand pesos
(P300,000.00),
whichever is
higher, for
medium-scale
(P5,000,000.00),
and
3.confiscation of
the catch and
fishing
equipment
used, and
4. cancellation
of fishing permit
or license.
33
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
commercial
fishing;
(4) Five (5) times
the value of
catch or Five
hundred
thousand pesos
(P500,000.00),
whichever is
higher, for large-
scale commercial
fishing.
Section 95.
Use of Active
Gear in the
Municipal
Waters, Bays
and Other
Fishery
Management
Areas.
The following
gears are not
covered by the
prohibition:
1) Gill nets,
other than
bottom-set gill
nets, not more
1. A person is
engaged in
fishing in a
municipal
water, bay, or
fishery
management
area;
2. Said person
is using active
fishing gears as
defined in this
Code.
Who are liable?
the owner,
operator, boat
captain and
master fisherman
of the vessel, or
the chief
executive officer
in a corporation,
or the managing
partner in a
partnership
1. confiscation of
the catch and
fishing gears, and
2. fine three (3)
times the value
1. imprison-
ment of two (2)
years to six (6)
years and
2. fine
equivalent to
twice the
administrative
fine,
3. confiscation
and forfeiture of
fishing gear and
catch.
34
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
than 500
meters in
length per boat
used by
registered
municipal
fisherfolk,
which shall be
regulated by
the LGU;
2) "Sudsud" or
push net used
to catch Acetes
sp. "alamang"
and
Stolephorus sp.
"dilis,"which is
operated by a
registered
municipal
fisherfolk/fishe
rfolk
cooperative or
association,
either
manually or by
the use of a
registered and
licensed
municipal
motorized boat
of the catch or
the value
indicated below,
whichever is
higher:
(1) Twenty
thousand pesos
(P20,000.00) for
municipal fishing:
Provided, That if
the offender fails
to pay the fine,
he shall render
community
service;
(2) Fifty thousand
pesos
(P50,000.00) for
small-scale
commercial
fishing;
(3) One hundred
thousand pesos
(P100,000.00) for
medium-scale
commercial
fishing; and
(4) Five hundred
thousand pesos
35
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
with single
piston engine
of not more
than sixteen
(16)
horsepower,
during
approved
fishing season
for the species,
and covered by
a management
plan duly
approved by
the LGU
3) Active gears
such as purse
seine or
''pangulong",
ring net or
"taksay" and
such other
gears that do
not touch the
sea bottom,
used by small
and medium
commercial
fishing vessels
authorized by
the LGU
(P500,000.00) for
large-scale
commercial
fishing.
36
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
pursuant to
Section 18 of
RA 8550 and
pertinent rules,
to fish in
the10.1 to 15
km. of
municipal
waters only, as
reckoned from
the general
coastline.
Section 96. (a)
Ban on Coral
Exploitation
and
Exportation.
1. A person or corporation -gathers, -possesses, -commercially transports, -sells or -exports …. ordinary, semi-precious and precious corals, whether raw or in processed form; 2. Said acts are not done for research purposes.
Who are liable?
the
owner/operator
of the fishing
vessel/s, boat
captain, master
fisherman, and
recruiter or
organizer of
fishworkers
1. administrative
fine equivalent to
eight (8) times
the value of the
corals gathered,
possessed,
commercially
transported,
Who are liable?
the boat
captain, master
fisherman, and
recruiter or
organizer of
fishworkers
1. imprison-
ment from ten
(10) years to
twenty (20)
years and
2. fine
equivalent to
twice the
administrative
fine and
37
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
sold, or exported,
or the amount of
Five hundred
thousand pesos
(P500,000.00) to
Ten million pesos
(P10,000,000.00),
whichever is
higher, and
2. forfeiture of
the subject corals
3. payment of
the
compensation for
the restoration of
the damaged
corals reefs.
3. forfeiture of
the subject
corals
4. payment of
the cost of
restoration of
the damaged
coral reefs
based on
available studies
and as
determined by
the
Department.
Section 96. (b)
Damage to
coral reefs
1. A person,
corporation or entity performs an activity; 2. Said activity damages the coral reefs.
Section 97(a).
Ban on Muro-
Ami Other
Methods and
Gear
1. A person,
natural or
juridical, is
engaged in
fishing;
Who are liable?
the owner,
operator, boat
captain, master
fisherman, and
Who are liable?
the boat
captain, master
fisherman, and
recruiter or
38
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Destructive to
Coral Reefs and
Other Marine
Habitat.
* The following
fishing
gears/methods
and their
variations are
considered
destructive to
coral reefs,
seagrass,
seabeds, and
other fishery
marine life
habitat:
(a) Muro-ami
and Kayakas;
and,
(b) Danish
Seine and
modified
Danish Seine
2. Said fishing
involves the
use of gear or
method that
destroys coral
reefs, seagrass
beds, and
other fishery
marine life
habitat, or
3. Said fishing
uses “muro-
ami and any of
its variation,
and such
similar gears
and methods
that require
diving, other
physical or
mechanical
acts to pound
the coral reefs
and other
habitat to
entrap, gather
or catch fish
and other
fishery species.
recruiter or
organizer of
fishworkers
1. fine equivalent
to five (5) times
the value of the
fish caught or
Two million
pesos
(P2,000,000.00),
whichever is
higher, and
2. confiscation of
catch and gear.
* For the
fishworkers who
serve as
pounders
1. fine of Twenty
thousand pesos
(P20,000.00) or
2. community
service in case of
failure to pay the
fine.
organizer of
fishworkers
1.imprisonment
of two (2) years
to ten (10) years
and
2. fine
equivalent to
twice the
amount of the
administrative
fine.
39
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 97(b).
Gathering,
possession,
commercially
transporting,
selling or
exporting coral
sand, coral
fragments,
coral rocks,
silica and any
other
substances
which make up
any marine
habitat
1. A person, natural or juridical gathers, possesses, commercially transports, sells or exports some substances;
2. Said substances are coral sand, coral fragments, coral rocks, silica, and any other substances which make up any marine habitat.
1. fine of Five
million pesos
(P5,000,000.00)
or five (5) times
the value of the
coral rocks, sand,
or silica
gathered,
possessed,
commercially
transported,
sold, or exported,
whichever is
higher, and
confiscation of
the substance.
1. imprison-
ment from two
(2) years to ten
(10) years and
2. fine
equivalent to
twice the
administrative
fine,
3. confiscation
of catch or
substances and
equipment or
gear used.
Section 98.
Illegal Use of
Superlights or
Fishing Light
Attractor.
1. A person is
engaged in
fishing;
2. Said fishing
involves the
use of
superlight in
municipal
waters, or
1. fine of Twenty
thousand pesos
(P20,000.00) per
superlight or
fishing light
attractor, and
2. confiscation of
catch, superlight
or fishing light
1. imprison-
ment from six
(6) months to
two (2) years
and
2. fine of Forty
thousand pesos
(P40,000.00) per
superlight or
40
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
3. Said fishing
involves the
use of fishing
light attractor
in municipal
waters, using
candlelight
power or
intensity
beyond the
standards set
by the
Department; or
4. Said fishing
involves the
use of
superlight or
fishing light
attractor
outside
municipal
waters in
violation of the
rules
promulgated
by the
Department.
*The following
are the rules
on superlight
outside
attractor and
gears:
* If the offender
is a municipal
fisherfolk, he
may render
community
service in lieu of
fine.
fishing light
attractor, and
3. confiscation
of catch,
superlight or
fishing light
attractor and
gears:
*If the offender
is a municipal
fisherfolk, he
may render
community
service in lieu of
fine or
imprisonment.
41
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
municipal
water:
a. Small-scale
commercial
fishing boats
(3.1 to 20
GT) . . . . 20 KW
per vessel
b. Medium-
scale
commercial
fishing boats
(20.1 to 150
GT) . . . . 36 KW
per vessel
c. Large-scale
commercial
fishing boats
(more than 150
GT) . . . . 40 KW
per vessel
(FAO 204 s. of
2000, the
implementatio
n of which is
suspended for
18 months
from the
effectivity of
42
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
the IRR
pursuant to
Rule 44.1, in
order to
conduct a
scientific study
as basis for the
review thereof)
Section 99.
Conversion of
Mangroves.
Exceptions:
1) Areas
covered by
Fishpond Lease
Agreements
(FLA),
Aquasilvicultur
e Stewardship
Contract (ASC)
or Gratuitous
Permit and
other tenurial
instruments;
2) Private
property not
classified as
mangrove
forest; and,
1. A person
converts
mangroves;
2. Said
conversion is
for fishpond or
any other
purpose.
1. fine equivalent
to the ecological
value of a
hectare of
mangrove based
on available
studies, or
2. fine of Ten
million
pesos(P10,000,00
0.00) per
hectare,
whichever is
higher
*If the area
requires
rehabilitation or
restoration as
determined by
the Department,
1. base fine of
Eighty thousand
pesos
(P80,000.00)
and a fine
equivalent to
the
administrative
penalties, and
2. imprison-
ment of six (6)
months and one
(1) day to
twelve (12)
years:
*If the area
requires
rehabilitation or
restoration as
determined by
the court,
43
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
3)
Development
activities duly
covered and
approved by
competent
authorities.
1. restoration or
payment for the
restoration of the
damaged area.
1. restoration or
payment for the
restoration of
the damage.
2.
environmental
damages
computed at
Five hundred
thousand pesos
(P500,000.00)
per hectare per
year until the
area is restored.
Section 100.
Fishing During
Closed Season.
1. A person is
engaged in
fishing;
2. Said fishing
is done during
closed season.
1. confiscation of
catch and gear
and
2. administrative
fine of:
(1) Three times
the value of the
catch or Twenty
thousand pesos
(P20,000.00) for
municipal fishing,
whichever is
higher: Provided,
That if the
offender fails to
1. imprison-
ment of six (6)
months and one
(1) day to six (6)
years,
2. confiscation
of catch and
gear, and
3.fine twice the
amount of the
administrative
fine and
44
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
pay the fine,
community
service shall be
rendered;
(2) Five times the
value of the
catch or One
hundred
thousand pesos
(P100,000.00),
whichever is
higher for small-
scale commercial
fishing;
(3) Five times the
value of catch or
Three hundred
thousand pesos
(P300,000.00),
whichever is
higher for
medium-scale
commercial
fishing; and
(4) Five times the
value of catch or
Five hundred
thousand pesos
(P500,000.00),
whichever is
4. cancellation
of license or
permit.
45
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
higher for large-
scale commercial
fishing.
Section 101.
Fishing in
Marine
Protected
Areas, Fishery
Reserves,
Refuge and
Sanctuaries.
1. A person is
engaged in
fishing;
2. Said fishing
is done in
marine
protected
areas, fishery
reserves,
refuge, or fish
sanctuaries;
3. Said areas
are declared as
such by the
Department or
the LGUs.
1. confiscation of
catch and gear,
and
2. fine of twice
the value of the
catch or the
amount indicated
below, whichever
is higher:
(1) Twenty
thousand pesos
(P20,000.00) for
municipal fishing:
Provided, That if
the offender fails
to pay the fine,
community
service shall be
rendered;
(2) Two hundred
thousand pesos
(P200,000.00) for
small-scale
commercial
fishing;
1. imprison-
ment of two (2)
years to six (6)
years, and
2. fine twice the
amount of the
administrative
fine
3.confiscation of
catch and gear,
and
4. cancellation
of license or
permit.
46
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(3) Six hundred
thousand pesos
(P600,000.00) for
medium-scale
commercial
fishing; and
(4) One million
pesos
(P1,000,000.00)
for large-scale
commercial
fishing.
Section 102 (a).
Fishing or
Taking of Rare,
Threatened or
Endangered
Species.
(Appendix I
Cites)
1. A person
fishes, takes,
catches,
gathers, sells,
purchases,
possesses,
transports,
exports,
forwards or
ships out
aquatic
species,
including their
parts and
derivatives;
2. Said species
are listed in
Appendix I of
1. fine equivalent
to five times (5)
times the value
of the species or
Five hundred
thousand pesos
(P500,000.00) to
Five million pesos
(P5,000,000.00),
whichever is
higher, and
2. forfeiture of
the species.
1. imprison-
ment of twelve
(12) years and
one (1) day to
twenty (20)
years and
2. fine
equivalent to
twice the
administrative
fine, and
3. forfeiture of
the species and
4. cancellation
of fishing
permit.
47
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
the Convention
on the
International
Trade in
Endangered
Species of Wild
Flora and
Fauna (CITES),
or
3. Said species
are categorized
as threatened
by the
International
Union for
Conservation
of Nature and
Natural
Resources
(IUCN) and
determined as
such by the
Department.
Section 102
(b). Fishing or
Taking of Rare,
Threatened or
Endangered
Species.
1. A person
fishes, takes,
catches,
gathers, sells,
purchases,
possesses,
transports,
1. fine equivalent
to three (3) times
the value of the
species or Three
hundred
thousand pesos
(P300,000.00) to
1. imprison-
ment of five (5)
to eight (8)
years and
2. fine
equivalent to
twice the
48
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(Appendices II
and III of Cites)
Exception:
1. taking or
fishing of these
species from
the wild for
scientific,
research, or
conservation
breeding
simultaneous
with
commercial
breeding.
exports,
forwards or
ships out
aquatic
species,
including their
parts and
derivatives;
2. Said species
are listed in
CITES
Appendices II
and III;
3. There are
scientific
assessments
that show that
population of
the said
species in the
wild cannot
remain viable
under pressure
of collection
and trade:
Three million
pesos
(P3,000,000.00),
whichever is
higher, and
2. forfeiture of
the species.
administrative
fine and
3. forfeiture of
the species.
Section 102 (c)
Fishing or
Taking of Rare,
1. A person
gathers, takes,
possesses,
1. fine equivalent
to three (3) times
the value of the
1. imprison-
ment of five (5)
49
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Threatened or
Endangered
Species.
(captive bred
species that
were
transplanted to
the wild)
transports,
exports,
forwards or
ships out
captive-bred
species,
including their
parts and
derivatives;
2. These
captive-bred
species were
formerly
transplanted to
the wild.
species or Three
hundred
thousand pesos
(P300,000.00) to
Three million
pesos
(P3,000,000.00),
whichever is
higher, and
2. forfeiture of
the species.
to eight (8)
years, and
2. a fine
equivalent to
three (3) times
the value of the
species or Three
million pesos
(P3,000,000.00),
whichever is
higher, and
3. forfeiture of
the species.
If by a vessel
manned by
more than two
(2) persons, the
captain, master,
and two highest
ranking officers
of the vessel
involved in the
fishing or taking
of such
protected
marine life shall
be presumed to
have committed
50
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
the prohibited
act.
Section 103.
Capture of
Sabalo and
Other
Breeders/Spaw
ners.
1. A person is
in the act of
catching,
gathering,
capturing or
possessing;
2. The object of
any of the said
acts is mature
milkfish or
sabalo and
other breeders
or spawners of
other fishery
species as
determined by
the
Department.
1. fine equivalent
to five (5) times
the value of the
sabalo, other
breeders, or
spawners
gathered or
captured, or Five
hundred
thousand pesos
(P500,000.00),
whichever is
higher, and
2. forfeiture of
catch and gear.
1. imprison-
ment of six (6)
months and one
(1) day to eight
(8) years and
2. fine
equivalent to
twice the
amount of the
administrative
fine, and
3. forfeiture of
catch and
fishing
equipment
used, and
4. suspension or
revocation of
license.
Section 104.
Exportation of
Breeders,
Spawners, Eggs
or Fry.
Exception:
Exportation of
1. A person is
engaged in
exportation;
2. The objects
of the said act
are breeders,
spawners or
1. administrative
fine equivalent to
three (3) times
the value of the
breeders,
spawners, eggs,
or fry exported
or One hundred
1. imprison-
ment of eight
(8) years to ten
(10) years,
2. confiscation
of breeders,
51
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
hatchery-bred
or captive-bred
breeder,
spawner, egg
or fry, provided
the exporter
complies with
the following
requirements:
(a) Registration
of the hatchery
or captive
breeding
facility;
(b) Registration
of exporter
with DA-BFAR;
(c) Issuance of
health
certificate as
may be
required by the
importing
country;
(d) Issuance of
export
commodity
clearance; and,
(e) Clearance
viable or live
eggs or fry
intended for
breeding,
propagation or
culture
purposes.
thousand pesos
(P100,000.00) to
Five hundred
thousand pesos
(P500,000.00),
whichever is
higher,
2. confiscation of
breeders,
spawners, eggs
or fry,
3. suspension or
revocation of
license for
commercial
fishing and/or
registration as
exporter.
spawners, eggs
or fry,
3. fine
equivalent to
twice the
amount of the
administrative
fine,
4. revocation of
the fishing
license, and/or
suspension or
revocation of
registration as
exporter.
52
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
of the outgoing
commodity at
the border
inspection.
* There is
presumption of
connivance or
conspiracy to
violate
between the
company and
shipper, if the
shipping or
forwarding
company fails
to fully
cooperate in
the
investigation
conducted.
There is full
cooperation if
upon five (5)
days from
receipt of a
written request
by the DA-
BFAR, the
following
documents
covering the
transactions
are submitted:
(a) Cargo
booking advice;
(b) Master
airway bill
(MAWB) or
transfer
manifest;
(c) Articles of
Incorporation/
53
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Partnership or
DTI
registration;
(d) Copy of the
latest General
Information
Sheet/Financial
Statement of
the
corporation;
(e) Latest
address of
exporter on
record;
(f) Copy of
latest
statement of
account of the
exporter;
(g) List of
employees of
exporter on
record;
(h) Contact
numbers of
exporter on
record; and,
(i) A written
54
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
undertaking of
the owner of
the shipping or
forwarding
company to
provide other
assistance,
which may
include among
others, the
appearance of
any officer of
the company
during the
investigation
process.
Section 105.
Importation or
Exportation of
Fish or Fishery
Species.
(note: there is
presumption of
conspiracy or
connivance
similar to
Section 104
above)
1. A person is
engaged in the
importation or
exportation of
fish or fishery
species;
2. Said acts are
in violation of
this Code.
(note:
Conditions of
full
1. administrative
fine of five (5)
times the value
of the species or
Three hundred
thousand pesos
(P300,000.00) to
Five hundred
thousand pesos
(P500,000.00),
whichever is
higher, and
2. forfeiture
and/or
1. eight (8) years
of
imprisonment
and
2. fine of twice
the
administrative
fine,
3. forfeiture
and/or
destruction of
the species
55
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
cooperation
are similar to
Section 104
above.)
destruction of
the species.
The offenders
shall be banned
from being
members or
stockholders of
companies
currently
engaged in
fisheries or
companies to be
created in the
future, the
guidelines for
which shall be
promulgated by
the
Department.
Section 106.
Violation of
Harvest
Control Rules.
1. A person is
engaged in
fishing;
2. Said fishing
is done in
violation of
harvest control
rules as
determined by
the
Department.
1. confiscation of
catch and fishing
gear, 2.
revocation of
license and
3. fine of:
(1) Three times
the value of the
catch or Twenty
thousand pesos
(P20,000.00) for
municipal fishing,
whichever is
1. imprison-
ment of six (6)
months and one
(1) day to six (6)
years, and
2. fine twice the
administrative
fine, and
3. confiscation
of catch and
fishing gear, and
56
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
higher: Provided,
That if the
offender fails to
pay the fine,
community
service shall be
rendered;
(2) Five times the
value of the
catch or One
hundred
thousand pesos
(P100,000.00)
whichever is
higher for small-
scale commercial
fishing;
(3) Five times the
value of the
catch or One
million pesos
(P1,000,000.00),
whichever is
higher for
medium-scale
commercial
fishing; and,
4. revocation of
license.
57
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(4) Five times the
value of the
catch or Five
million pesos
(P5,000,000.00),
whichever is
higher, for large-
scale commercial
fishing.
Section 107.
Aquatic
Pollution. —
Aquatic
pollution, as
defined in this
Code shall be
unlawful.
1. A person is
engaged in an
activity;
2. Said activity
results into
deleterious
effects as to
harm living and
non-living
aquatic
resources; or
3. Said activity
poses potential
and/or real
hazard to
human health;
or
4. Said activity
hinders the
conduct of
1. fine of Three
hundred
thousand pesos
(P300,000.00) to
Five hundred
thousand pesos
(P500,000.00)
and
2. an additional
fine of Fifteen
thousand pesos
(P15,000.00) per
day until the
violation ceases
and the fines are
paid,
3. the imposition
of cease and
1. imprison-
ment of six (6)
years and one
(1) day to
twelve (12)
years and
2. fine twice the
amount of the
administrative
fine and
3. additional
fine of Fifteen
thousand pesos
(P15,000.00) per
day until the
violation ceases
and the fines
are paid,
4. the
imposition of
58
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
aquatic
activities, such
as fishing and
navigation; or
5. Said activity
constitutes
dumping/dispo
sal of waste
and other
marine litters,
or
6. Said activity
constitutes
discharge of
petroleum, or
residual
products of
petroleum or
carbonaceous
materials/subst
ances, and
other
radioactive,
noxious or
harmful liquid,
gaseous or
solid
substances,
from any wate,
land or air
transport or
desist order,
closure or
suspension of the
development,
construction or
facility, or
cessation of
operations, or
disconnection of
water supply.
*The order may
be issued ex
parte pending
resolution of the
case.
cease and desist
order, closure or
suspension of
the
development,
construction or
facility, or
cessation of
operations, or
disconnection of
water supply.
*The order may
be issued ex
parte pending
resolution of the
case.
59
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
other human-
made
structure;
Section 108.
Failure to
Comply with
Minimum
Safety
Standards.
1. A
commercial
fishing vessel is
engaged in
fishing;
2. Its owner and captain fail to exhibit or show proof of compliance with safety standards, upon demand by proper authorities; 3. The safety standards are the standards provided in RA 8550 as amended or in the regulation to be promulgated by DA-BFAR in coordination with MARINA,
Who are liable?
Owner and
captain of a
commercial
fishing vessel.
1. fine of One
hundred
thousand pesos
(P100,000.00)
and
2. suspension or
cancellation of
permit or license
and
3. impoundment
of the vessel until
the safety
standard has
been complied
with.
Who are liable?
Owner and
captain of a
commercial
fishing vessel.
1. imprison-
ment from one
(1) month and
one (1) day to
six (6) months
and
2. fine of twice
the amount of
the
administrative
fine,
3. suspension or
cancellation of
permit or
license and
4. impound-
ment of the
vessel until the
safety standard
60
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
NTC, PCG and other concerned agencies
has been
complied with.
Section 109.
Failure to
Submit a Yearly
Report on All
Fishponds, Fish
Pens and Fish
Cages.
1. A person is
engaged in
fishpond,
fishpen or fish
cage operation;
2. Said person
fails to submit
an annual
report to the
Department
pursuant to
Section 57 of
this Code.
Who is liable?
the owner of the
fishpond, fishpen
or fish cage
1. fine of Five
thousand pesos
(P5,000.00) per
unreported
hectare.
2. In case the
fishpond is
covered by FLA,
non-submission
of a report for
two (2)
consecutive
years shall result
to its
cancellation.
Who is liable?
Owner and
operator of
fishponds,
fishpens and
fish cages.
1. fine that is
twice the
amount of the
administrative
fine.
Section 110.
Gathering and
Marketing of
Shell Fishes or
1. A person
gathers, takes,
sells, transfers,
possesses,
commercially
transports,
1. fine equivalent
to the value of
the species or
Fifty thousand
pesos
(P50,000.00),
1. imprison-
ment from one
(1) month and
one (1) day to
61
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Other Aquatic
Species.
exports,
forwards or
ships out shell
fish or other
aquatic
species;
2. Said species
are sexually
mature shell
fishes or other
aquatic species
identified by
the
Department; or
3. Said shell
fishes or other
aquatic species
are below the
minimum size
prescribed for
the species; or
4. Said shell
fishes or other
aquatic species
are above the
maximum
quantities
prescribed for
the species.
whichever is
higher, and
2. confiscation of
the same, and
3. cancellation of
permit or license
shall be imposed
upon the
offender.
six (6) months,
and
2. fine
equivalent to
twice the
amount of the
administrative
fine, and
3. cancellation
of the permit or
license.
62
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 111.
Obstruction to
Navigation or
Flow or Ebb of
Tide in any
Stream, River,
Lake or Bay.
Exception:
Existing
fisheries
structures not
prohibited by
law are not
considered as
obstruction to
navigation and
free flow of
water.
1. A person is
engaged in an
activity;
2. Said activity
causes
obstruction to
navigation or
flow or ebb of
tide.
1. fine of Two
hundred
thousand pesos
(P200,000.00)
and
2. dismantling of
the obstruction,
fish corrals/traps,
fish pens or fish
cages at the
expense of the
offender.
1. imprison-
ment from one
(1) month and
one (1) day to
six (6) months
and
2. fine of twice
the amount of
the
administrative
fine,
3. confiscation
of stocks and
4. dismantling of
the obstruction,
fish corrals/
traps, fish pens
or fish cages at
the expense of
the violator.
Section 112.
Noncomplianc
e with Good
Aquaculture
Practices.
1. A person is
engaged in the
breeding and
farming of fish
and other
fishery species;
2. Said
activities do
1. fine of Ten
thousand pesos
(P10,000.00) to
One hundred
thousand pesos
(P100,000.00)
per day until the
violation ceases
1. imprison-
ment of three
(3) years, and 2.
fine of twice the
amount of the
administrative
fine.
63
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
not comply
with good
aquaculture
practices and
the guidelines
for
environmentall
y-sound design
promulgated
by the
Department; or
3. Said
activities
violate the
standards set
by the
Department;
4. The non-
compliance or
the violation
resulted into
any of the
following:
(a) 50%
mortality of the
cultured fish
stocks of an
aquaculture
zone
comprised of
and the fines are
paid.
64
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
several
contiguous
farms owned
by different
individuals;
(b) Poisoning of
wild fish
population;
(c) Widespread
contamination
of pests and
diseases; or,
(d) Aquatic
pollution as
defined under
this Code.
Section 113(a).
Commercial
Fishing Vessel
Operators
Employing
Unlicensed
Fisherfolk,
Fishworker or
Crew.
Exception:
All crew on
1. The person
owns or
operates a
commercial
fishing vessel;
2. Said person
employs
fisherfolk,
fishworker or
crew;
3. Said
fisherfolk,
Who is liable?
The owner or
operator of a
commercial
fishing vessel
employing
unlicensed
fisherfolk or
fishworker or
crew
1. fine of Four
thousand pesos
Who is liable?
The owner and
operator of the
commercial
fishing vessel
1. fine with
twice the
amount of the
administrative
fine and
65
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
board a
commercial
fishing vessel
shall be
required a
Fisherman's
License, except
the:
(a) Captain or
Master;
(b) Cook,
unless he is
also involved in
fishing;
(c) Crew
declared in the
manifest,
unless he is
also involved in
fishing; and,
(d) Non-crew
passengers
declared in the
manifest.
fishworker or
crew has no
Fisherman’s
License.
Note: The
presentation of
an official
receipt
covering a
completed
application for
renewal of a
Fisherman's
License and a
certification
from the DA-
BFAR that the
renewal is
being
processed shall
be accepted as
proof to negate
liability under
this section.
(P4,000.00) for
each unlicensed
fisherfolk or
fishworker or
crew and
2. suspension or
revocation of
license for
commercial
fishing.
2. suspension or
cancellation of
license.
Section 11 (b).
Philippine
Flagged
Commercial
Fishing Vessel
1. The entity is
a Philippine
flagged fishing
vessel;
Who is liable?
The owner and
operator of the
Who is liable?
The owner and
operator of the
commercial
66
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Operators
Engaged in
Distant water
fishing
Employing
Unlicensed
Fisherfolk,
Fishworker or
Crew.
Exception:
All crew on
board a
commercial
fishing vessel
shall be
required a
Fisherman's
License, except
the:
(a) Captain or
Master;
(b) Cook,
unless he is
also involved in
fishing;
(c) Crew
declared in the
manifest,
unless he is
2. Said vessel is
engaged in
distant water
fishing;
3. Said vessel
employs
fisherfolk,
fishworker or
crew.
4. Said
fisherfolk,
fishworker or
crew has no
Fisherman’s
License.
Note: The
presentation of
an official
receipt
covering a
completed
application for
renewal of a
Fisherman's
License and a
certification
from the DA-
BFAR that the
distant water
fishing vessel
1. fine of Forty
thousand pesos
(P40,000.00) for
each unlicensed
fisherfolk,
fishworker or
crew and
2. suspension or
cancellation of
license.
distant water
fishing vessel
1. fine with
twice the
amount of the
administrative
fine and
2. suspension or
cancellation of
license.
67
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
also involved in
fishing; and,
(d) Non-crew
passengers
declared in the
manifest.
renewal is
being
processed shall
be accepted as
proof to negate
liability under
this section.
Section 114.
Obstruction of
Defined
Migration
Paths.
1. A person is
engaged in an
activity;
2. Said activity
causes
obstruction of
any defined
migration path
of
anadromous,
catadromous
and other
migratory
species
provided in
FAO No. 217,
Series of 2001,
and other
migratory
passages that
may later on be
declared or
identified.
1. fine of One
hundred fifty
thousand pesos
(P150,000.00) to
Five hundred
thousand pesos
(P500,000.00),
2. dismantling of
the obstruction
at the expense of
the offender, and
3. suspension or
revocation of the
permit or license.
1. imprison-
ment of seven
(7) years to
twelve (12)
years and
2. fine of twice
the amount of
the
administrative
fine,
3. dismantling of
the obstruction
at the expense
of the offender,
and
4. suspension or
revocation of
the permit or
license.
68
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 115.
Obstruction to
Fishery Law
Enforcement
Officer.
Note:
1. fishery law
enforcement
officer,
authorized
inspector or
observer, a
deputized fish
warden of the
LGU, or any
lawfully
boarding
government
officers only
refer to
properly
appointed and
authorized
officer by
competent
authorities,
properly
identified as an
officer by
1. A person is a
fishing vessel
owner, master
or operator or
any other
person acting
on behalf of
any fishing
vessel;
2. Said person
assaults,
resists,
intimidates,
harasses,
seriously
interferes with,
or unduly
obstructs or
delays a fishery
law
enforcement
officer,
authorized
inspector or
observer, the
deputized fish
warden of the
LGU, or any
lawfully-
boarding
government
1. cancellation of
license or permit
and
2. fine of One
million pesos
(P1,000,000.00)
for fishing vessels
operating in
Philippine waters
or Two million
pesos
(P2,000,000.00)
for fishing vessels
operating
beyond
Philippine
waters.
1. imprison-
ment from six
(6) months to
two (2) years
and
2. fine twice the
amount of the
administrative
fine and
3. cancellation
of license or
permit.
69
OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
wearing the
proper uniform
and/or by
possessing an
identification
card indicating
his
appointment
and
authorization.
2. Said officers
should observe
the proper
boarding and
inspection
procedures as
provided in the
approved
manual of
operations.
officers;
3. Said fishery
law
enforcement
officer,
authorized
inspector or
observer, the
deputized fish
warden of the
LGU, or any
lawfully-
boarding
government
officers are in
the exercise of
their duties.
Section 116. (a)
Noncomplianc
e with Fisheries
ObserverCover
age. (distant
water fishing)
1. The entity is
a Philippine
distant water
fishing vessel;
2. Said entity
sails without a
fisheries
observer on
board;
1. fine of Five
hundred
thousand pesos
(P500,000.00)
and
2. forfeiture of
the catch and
gear.
1. imprison-
ment of one (1)
month and one
(1) day to six (6)
months, and
2. fine of twice
the amount of
the
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OFFENSES ELEMENTS OF
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ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
3. The
presence of the
fisheries
observer is
required by
RFMO
conservation
and
management
measures.
administrative
fine, and
3. confiscation
of catch, and
4. suspension or
cancellation of
license.
Section 116
(b).
Noncomplianc
e with Fisheries
Observer
Coverage.
(non-distant
water fishing)
1. The entity is
a commercial
fishing vessel;
2. Said vessel
sails without a
fisheries
observer;
1. fine of Five
hundred
thousand pesos
(P500,000.00),
and
2. forfeiture of
the catch and
gear.
1. imprison-
ment of one (1)
month and one
(1) day to six (6)
months and
2. fine of twice
the amount of
the
administrative
fine,
3. confiscation
of catch, and
4. suspension or
cancellation of
license.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Section 117.
Non-
compliance
with Port State
Measures.
1. The entity is
a foreign
fishing vessel;
2. Said fishing
vessel is
granted entry;
3. Said fishing
vessel fails to
provide a catch
report; and/or
4. It fails to
comply with
other rules on
port state
measures
5. Said
measures are
promulgated
by the
Department in
coordination
with port state
authorities.
Failure to comply
with the 24-hour
period:
1. denial of
permission to
enter or use of
port facilities,
and
2. the vessel may
be subject to on-
board inspection
and/or
impoundment.
Section 118.
Failure to
Comply with
Rules and
Regulations on
Conservation
1. A person is
engaged in
fishing;
2. Said person
fails to comply
1. confiscation of
catch, and
2. suspension or
cancellation of
1. imprison-
ment of six (6)
months, and
2. fine twice the
amount of the
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
and
Management
Measures.
with
conservation
and
management
measures
adopted and
rules and
regulations
promulgated
by the
Department;
3. Said
measures,
rules and
regulations are
adopted
pursuant to
international
conventions,
RFMO
resolutions and
laws of coastal
states where
Philippine
vessels fish.
license or permit,
and
3. fine of twice
the value of the
catch or the
amount indicated
below whichever
is higher:
(1) Twenty
thousand pesos
(P20,000.00) for
municipal fishing
or community
service in case of
failure to pay the
fine;
(2) One million
pesos
(P1,000,000.00)
for small-scale
commercial
fishing;
(3) Two million
five hundred
thousand pesos
(P2,500,000.00),
for medium-scale
commercial
fishing; and
administrative
fine, and
3. confiscation
of the catch and
4. suspension or
cancellation of
license.
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OFFENSES ELEMENTS OF
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ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(4) Five million
pesos
(P5,000,000.00),
for large-scale
commercial
fishing.
Section 119.
Non-
compliance
with Vessel
Monitoring
Measures.
1. The entity is
a municipal,
commercial or
distant water
fishing vessel;
2. It fails to
comply with
the vessel
monitoring
measures, or
3. Said vessel
intentionally
tampers with,
switches off or
disables the
vessel
monitoring
system.
4. The vessel
monitoring
measures were
promulgated
by the
Who is liable?
the fishing vessel
owner, master or
any other person
acting on behalf
of the vessel
owner
1. confiscation of
catch,
2. suspension or
revocation of the
license and
3. fine equivalent
to twice the
value of the
catch or the
amount indicated
below, whichever
is higher:
Who is liable?
master or any
other person
acting on behalf
of the vessel
owner
1. imprison-
ment of six (6)
months to two
(2) years, and
2. fine twice the
amount of the
administrative
fine,
3. confiscation
of catch and
4. suspension or
revocation of
the license.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Department in
coordination
with the LGUs:
Note: for
vessels
operating in
Philippine
waters, only
the catcher
vessel shall be
covered by this
requirement.
(1) Ten thousand
pesos
(P10,000.00) for
municipal fishing
or community
service in case of
failure to pay the
fine;
(2) Two hundred
fifty thousand
pesos
(P250,000.00) for
small-scale
commercial
fishing;
(3) Five hundred
thousand pesos
(P500,000.00) for
medium-scale
commercial
fishing; and
(4) Two million
five hundred
thousand pesos
(P2,500,000.00)
for large-scale
commercial
fishing.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
* In case of
violation
committed in
waters beyond
national
jurisdiction, the
administrative
fine shall be
equivalent to five
times the value
of the catch or
twice the
amount indicated
above, whichever
is higher.
Section 120.
Constructing,
Importing or
Converting
Fishing Vessels
or Gears
Without Permit
from the
Department.
1. A person
constructs,
imports fishing
vessels or
gears, or
converts other
vessels into
fishing vessels;
2. Said acts
were done
without permit
from the
Department.
fine of:
(1) Fifty thousand
pesos
(P50,000.00) for
small-scale
commercial
fishing;
(2) Five hundred
thousand pesos
(P500,000.00) for
medium-scale
commercial
fishing; and
1. imprison-
ment from one
(1) month and
one (1) day to
six (6) months
and
2. fine of twice
the amount of
the
administrative
fine.
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OFFENSES ELEMENTS OF
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ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
(3) Two million
five hundred
thousand pesos
(P2,500,000.00)
for large-scale
commercial
fishing.
Section 121.
Use of
Unlicensed
Gear.
1. A person is
engaged in
commercial
fishing;
2. Said person
uses a fishing
gear or method
without license
from the
Department.
Note:
Official receipts
covering an
application for
renewal of gear
license and a
certification
from the DA-
BFAR that the
gear license is
undergoing
1. fine from Two
hundred
thousand pesos
(P200,000.00) to
Five hundred
thousand pesos
(P500,000.00)
per gear
depending on the
seriousness of
the violation.
1. fine from
Four hundred
thousand pesos
(P400,000.00) to
One million
pesos
(P1,000,000.00)
depending on
the seriousness
of the violation.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
renewal shall
be accepted as
proof of
renewal of
license pending
issuance of the
gear license.
Section 122.
Falsifying,
Concealing or
Tampering
with Vessel
Markings,
Identity or
Registration.
1. A person is
engaged in
fishing;
2. Said person
falsifies,
conceals vessel
identity or lack
of registration;
or
3. Said person
tampers with
the vessel
markings,
identity or
registration.
1. confiscation of
catch and
2. suspension or
cancellation of
license and
3. fine of:
(1) Ten thousand
pesos
(P10,000.00) for
municipal fishing
or community
service in case of
failure to pay the
fine;
(2) One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
1. imprison-
ment from two
(2) years to six
(6) years, and
2. fine
equivalent to
twice the
amount of the
administrative
fine, and
3. confiscation
of catch, and
4. suspension or
cancellation of
license.
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OFFENSES ELEMENTS OF
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ADMINISTRATIVE
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CRIMINAL
LIABILITY
(3) One million
pesos
(P1,000,000.00)
for medium-scale
commercial
fishing; and
(4) Five million
pesos
(P5,000,000.00)
for large-scale
commercial
fishing.
In case of
violation by
distant water
fishing vessels,
the
administrative
fine shall be
twice the
amount indicated
above.
Section 123.
Concealing,
Tampering or
Disposing of
Evidence
Relating to an
1. A person
commits a
violation of
fishery law,
rules and
regulations;
2. The
1. suspension or
cancellation of
license, and
2. administrative
fine of:
(1) Ten thousand
pesos
1. imprison-
ment from five
(5) years to ten
(10) years, and
2. fine
equivalent to
twice the
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
Investigation of
a Violation.
authorities are
conducting
investigation
on the said
violation;
3. The offender
conceals,
tampers or
disposes
evidence
relating to the
said
investigation.
(P10,000.00) for
municipal fishing
or community
service in case of
failure to pay the
fine;
(2) One hundred
thousand pesos
(P100,000.00) for
small-scale
commercial
fishing;
(3) One million
pesos
(P1,000,000.00)
for medium-scale
commercial
fishing; and
(4) Five million
pesos
(P5,000,000.00)
for large-scale
commercial
fishing.
In case of
violation by
distant water
fishing vessels,
administrative
fine, and
3. suspension or
cancellation of
the license.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
the
administrative
fine shall be
twice the
amount indicated
above.
Section 124.
Noncomplianc
e with the
Requirements
for the
Introduction of
Foreign or
Exotic Aquatic
Species.
1. A person
imports,
introduces, or
breeds, foreign
or exotic
aquatic
species;
2. Said
activities are
done without
the conduct of
risk analysis
and prior
approval of the
Department.
1. fine of Two
hundred
thousand pesos
(P200,000.00) to
Six million pesos
(P6,000,000.00)
and
2. confiscation
and destruction
of the foreign or
exotic species.
* Should the
species become
invasive and
result to
predation of
native aquatic
biota, loss of
income or
damage to the
habitat, the
offender shall
1. imprison-
ment of six (6)
years to (12)
years and
2. fine from
Four hundred
thousand pesos
(P400,000.00) to
Twelve million
pesos
(P12,000,000.00
),
3. confiscation
of foreign or
exotic species
and
4. costs for
containment,
eradication or
restoration.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
bear the costs of
containment,
eradication
and/or
restoration.
Section 125.
Failure to
Comply with
Standards and
Trade-Related
Measures.
1. A person is
engaged in
fishery trade
and
transactions;
2. Said person
fails to comply
with standards
for weights,
volume, quality
and other
requirements
for all fishery
transactions
and trade and
trade-related
measures;
3. Said
measures are
prescribed by
the
Department.
1. fine of Fifty
thousand pesos
(P50,000.00) to
Two million
pesos
(P2,000,000.00),
depending on the
seriousness,
extent and
volume of trade
associated with
the violation,
2. confiscation of
the shipment or
fishery products
and
3. suspension or
revocation of
registration or
license.
1. imprison-
ment from six
(6) months to
two (2) years
and
2. fine from One
hundred
thousand pesos
(P100,000.00) to
Four million
pesos
(P4,000,000.00)
depending on
the seriousness,
extent and
volume of trade
associated with
the violation,
3. confiscation
of the shipment
or fishery
products and
4. suspension or
revocation of
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
registration or
license.
Section 126.
Possessing,
Dealing in or
Disposing
Illegally Caught
or Taken Fish.
Exception:
Acts
undertaken to
dispose
confiscated
fish following
seizure or
confiscation in
accordance
with existing
rules.
Prima facie
presumption of
knowledge
that the fish or
species are
illegally caught:
1. The
1. A person
ships,
commercially
transports,
offers for sale,
sells, imports,
exports, or has
custody,
control, or
possession of,
or deals in or in
any manner
disposes of any
fish or species;
2. Said fish or
species were
caught, taken
or retained in
violation of this
Code.
The following
are the
1. fine of Fifty
thousand pesos
(P50,000.00) to
Two hundred
thousand pesos
(P200,000.00) or
five (5) times the
value of fish or
species,
whichever is
higher, and
2. confiscation of
the same.
1. imprison-
ment from six
(6) months to
two (2) years,
and
2. fine of eight
(8) times the
value of the
species or from
One hundred
thousand pesos
(P100,000.00) to
Five hundred
thousand pesos
(P500,000.00),
whichever is
higher and
3. confiscation
of the fish or
fishery products
and
4. suspension or
revocation of
registration or
license.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
discovery of
any fish or
species caught
with the use of
explosives or
noxious or
poisonous
substances.
instances when
a prima facie
presumption of
knowledge
applies:
(a) Completion
of the training
by the
offender;
(b) Failure to
complete the
training for an
unjustifiable
cause; or,
(c) Failure to
attend despite
due notice.
Section 127.
Unauthorized
Disclosure of
Sensitive
Technical
Information.
Exceptions:
The following
instances are
authorized
disclosure,
provided, the
1. A person
discloses data
from the vessel
monitoring
system or
vessel
monitoring
measure and
other related
data arising
therefrom,
including all
1. imprison-
ment of six (6)
months and one
day to six (6)
years, and
2. removal from
office, and
3. forfeiture of
all retirement
benefits, where
applicable.
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OFFENSES ELEMENTS OF
THE OFFENSE
ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
affected party
is informed:
1. When
officially
requested by a
government
agency to be
used as
evidence for
the
prosecution of
fishery or other
offenses;
2. When
requested by
the flag,
coastal or port
state for its
own
investigation or
traceability;
and
3. Other
analogous
circumstances.
other data
referred to in
Section 155 of
this Code;
2. Said
disclosure is
not authorized.
Section 128.
Other
Violations.
1. A person
violates fishery
administrative
orders or
1. fine of One
hundred
thousand pesos
(P100,000.00) to
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OFFENSES ELEMENTS OF
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ADMINISTRATIVE
LIABILITY
CRIMINAL
LIABILITY
regulations or
any provisions
thereof;
2. Said
administrative
orders or
regulations are
promulgated
by the
Department.
Five million pesos
(P5,000,000.00),
depending on the
socioeconomic
impact and
seriousness of
the violation,
volume and value
of the fisheries
product, damage
to the
environment due
to the violation,
and the
habituality of the
offender.
Escalation
Clause
It shall be
applied when 2
conditions
concur: BSP
determination
of inflation for
past 3 years
and existing
fines are no
longer
deterrent (Rule
129.1 of IRR)
The fines herein prescribed shall be
increased by at least ten percent
(10%) every three (3) years to
compensate for inflation and to
maintain the deterrent function of
such fines.
87
Part IV
STANDARD OPERATING PROCEDURES
A. INFORMATION GATHERING AND SURVEILLANCE.
Information gathering may be conducted at the instance of
the relevant enforcement group following this process:
1. Establish contact.
2. Gather information through surveillance and
investigation.
3. Utilize and tap the assistance of the LGUs in the conduct
of surveillance and in gathering information.
4. Conduct a background investigation of the
suspect/suspected group such as
a. identifying the group leader and members,
b. determining the group’s name,
c. identifying the group’s area of operation, mode of
operation, its capabilities in terms of logistics,
manpower, firepower, contacts or influence in
the different offices of the government and
resources,
88
d. assessing the group’s psychological strengths
and weaknesses,
e. ascertaining the market or distribution points
f. determining other relevant information such as
previous violations, record of arrests or criminal
cases.
5. Verify all gathered information.
B. PRE-OPERATION
1. Except in cases of in “flagrante delicto”, a case operation
plan (See Form No. 1: Standard Case Operation Plan)
must be prepared which contains the following:
a. Name of the team leader;
b. Name and roles of the members of the group;
c. Target person/s;
d. Place, date and time of operation;
e. Ground rules;
f. Appropriate responses for different scenarios;
g. Logistics required;
89
h. The nearest Prosecutor’s Office for the inquest
proceedings, contact number or person, and
information on the availability of night inquests;
i. List of hospitals in the area, their location and
contact numbers where apprehended persons
may be brought for medical check-up prior to
detention;
j. List, location and contact numbers/persons of
charitable and penal institutions where the
confiscated fish (not auctionable) can be brought;
k. Detention facility or nearest police precinct;
l. Accredited treaters in the area of operation, when
applicable;
The Case Operation Plan must be signed by the team leader
and approved by his/her immediate superior.
2. As much as possible, before any law enforcement agency
conducts a major anti-illegal fishing operation, it should
coordinate with BFAR (either Central or Regional Office
concerned). In this instance, BFAR will identify the group
members and their specific tasks. However, in cases of
sporadic fisheries law enforcement operations,
coordination may not be required instantly, but a report
shall be furnished to BFAR after the operation.
3. The team shall gather and prepare the logistics, supplies,
legal forms and other provisions identified during the
planning stage. For communication purposes, radios and
90
cell phones must have the contact numbers of nearby
police stations. For the determination of location, GPS
must be made secured, if one is available. For hot pursuit
purposes, vehicles and other conveyances must be loaded
with sufficient fuel. Each agency shall be responsible for
the fuel of their respective vehicles and conveyances.
4. Before proceeding to the actual operation, the team leader
must conduct a briefing, emphasizing the substance of the
operational plan.
5. The team will take a group photo. It is suggested that the
date of operation be established in the group photo, i.e.
newspaper of that day’s issuance or any credible material
of similar nature.
6. The team will proceed with the actual operation and the
team leader issues the call to begin.
C. OPERATION
With due regard to operational security, law enforcement
team will coordinate with the PNP station having immediate
operational jurisdiction in the area. This should be done whether or
not the fisheries law enforcement officers are operating with security
personnel (e.g. local PNP or PNP-MG, PCG, PN and other
enforcement groups). The PNP Station Commander or Chief of
Police, or PCG Detachment Commander will be furnished with the
Case Operational Plan, as the case may be.
91
1. Seaborne Operation
a. Pre-boarding procedure
i. As soon as the suspected boat/vessel is
spotted, determine the following: (See Form No.
2: Pre-boarding Checklist)
approximate position e.g. latitude/longitude,
inside or outside of municipal waters;
nationality of the boat/vessel;
activity of the boat/vessel, e.g. anchored,
stationary, in transit, fishing as evidenced by
smoke, wake, gear in the water, or other
signs that can be spotted from a distance;
boat/vessel type as fishing, cargo or
passenger, approximate length, and tonnage
as more or less than 3 GT;
any distinguishing features, suspicious or
unusual markings on the boat/vessel
especially on the hull and stern. Stern
markings determine the homeport and
registration of the boat/vessel;
type, position and other characteristics of the
gear used by the boat/vessel;
92
course and speed of the boat/vessel in
transit;
whether radio contact can be made and
navigational equipment is present;
typical activities of the crew and crew
numbers;
change in activity of the crew or boat/vessel;
origin of people on board (foreign or local);
feasibility and safety of boarding.
ii. In coordination with the commanding officer or
boat/vessel captain, the team leader decides
whether to board or to call for reinforcement.
However, it may also be an option of the team leader
of the boarding party to invite the captain of the
fishing boat to board the patrol boat and bring the
necessary documents (i.e. licenses, permits, etc.) for
proper inspection, if the situation at sea warrants him
to do so.
b. Boarding Procedure
i. The following are authorized to board a fishing
boat/vessel:
BFAR
93
Coast Guard
Navy
PNP Maritime Group
Other law enforcement officers if they are
accompanied by the personnel of the
aforementioned agencies (i.e. PCSD joint
operatives, park rangers, task forces and the
like)
Law Enforcement of LGUs and duly
deputized bantay-dagat in instances where
the fishing boat or vessel is inside the
municipal waters
ii. If boarding is decided upon, the boarding team
should approach the suspect boat/vessel with
caution and due regard to safety.
iii. When approaching the suspect boat/vessel, the
team should set the apprehending vessel to
general quarters to ensure preparedness in
responding to any situation. A General Quarter
(GQ) is an alert condition and all hands man their
battle stations and all preparations are made to
place the apprehending boat/vessel in the
highest state of readiness.
iv. The boarding team on board a smaller
boat/vessel proceeds to approach the suspect
boat/vessel by Horse-Shoe Approach or Figure-
94
of-eight, bearing in mind the rules of good
seamanship by not crossing the bow and looking
over the boat/vessel in detail.
v. If the suspect boat/vessel stops, the
apprehending boat/vessel should approach
slowly while still in general quarters. Through a
public address system or any other appropriate
means of communication, the team leader of the
apprehending boat/vessel shall identify himself
and the unit or organization to which he belongs,
inform the captain of the suspect boat/vessel of
the intention to board and instruct him to:
stop the boat/vessel or maintain course
and speed;
require all crew of the boat/vessel to
move to the bow of the boat/vessel or in
any open area visible to the
apprehending boat/vessel;
stay at the helm or wheelhouse;
allow the boarding team board the
boat/vessel;
gather identification documents and
boat/vessel papers.
vi. If the suspect boat/vessel does not stop, the law
enforcement team shall employ all necessary
and reasonable means to stop it.
95
vii. Where there is threat to the life of the
apprehending officers and there is no other
option but to use force in order to subdue the
suspect boat/vessel or the offenders on board
said boat/vessel, the law enforcers on board the
apprehending boat/vessel can issue warning
shot/s. If the suspect boat/vessel or offenders on
board said boat/vessel refuse to heed the
warning shot/s and/or continue to take
aggressive action/s against the apprehending
boat/vessel and/or apprehending team, the latter
may employ the gradual use of necessary force.
viii. If the suspect boat/vessel continues to navigate
despite the reasonable means employed by the
apprehending boat/vessel, the latter can pursue
the former up to the high seas. However, once
the suspect boat/vessel enters the territorial sea
of its own state or of a third state, the
apprehending boat/vessel shall cease pursuing
the suspect boat/vessel. The apprehending team
shall record the bow number and any markings
of the vessel and shall inform the country of origin
with reference to flag state measures to
reprimand said vessel given the instances of IUU
fishing and hot pursuit.
ix. Once the suspect boat/vessel stops, the team
leader assembles and briefs the boarding team
on all circumstances and possible violations
surrounding the subject boat/vessel, properly
ascertaining the Initial Safety Inspection (ISI) or
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Extended ISI. The team Leader reminds the
members on the proper boarding procedures and
reiterates the five (5) safety rules of boarding:
Work in pairs;
Account for all the crew;
Watch your line of fire;
Protect your weapon;
Avoid tunnel vision.
x. The team leader reviews with the boarding team
members their respective roles and
responsibilities.
xi. The boarding team conducts a review of the
equipment, logistics and other things needed.
xii. An assigned photo-documentor takes video
footage or photographs of the entire operation
including the suspect boat/vessel showing its
name. The footage or photographs must show
the dates when they are taken.
xiii. Once boarding is ready, the security group must
board first to secure the area. It must secure the
crew at the bow and the captain in the
wheelhouse. At least one armed law
enforcement officer should stay with the crew at
all times. The security group then declares the
97
boat/vessel clear before the boarding team could
board the ship.
xiv. The rest of the boarding team, in pair of two’s,
boards. After the safe embarkation of the team
onto the suspect boat/vessel, the small
boat/vessel repositions to her proper station,
while maintaining communication and a
triangulation position with the mother boat/vessel
towards the suspect boat/vessel.
xv. The search group conducts the inspection by
dividing the boat/vessel into starboard and port
side for inspection.
xvi. The leader of the boarding team stays at the
wheelhouse with the captain to check documents
such as the logbook and other boat/vessel
documents such as Commercial Fishing
Boat/vessel and Gear License (CFVGL),
MARINA documents, Certificate of Clearance
and fisherman’s license.
xvii. In cases of poaching, the boarding team must
apply Fisheries Administrative Order No. 200.
(See Annex 1)
xviii. For non-poaching cases, the search group must
proceed to inspect the boat/vessel and record the
following: (See Form No. 3: INSPECTION
CHECKLIST FOR SEABORNE OPERATION)
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state of the fishing gear at the time of
boarding, whether on deck or lowered for
actual fishing;
the state of all hatch and compartments;
any catch, including sabalo, wildlife,
corals and other endangered marine
species;
presence of silica, white sand, pebbles
and any other substances which make up
any marine habitat;
presence of explosives, explosive
devices, toxic and noxious substances
and electrofishing devices;
presence of superlights and fishing light
attractors;
presence of other items regulated by
laws;
transport containers and labels.
xix. The photodocumentor must take photograph of
the global positioning system (GPS), radar, fish
finder to show the actual coordinates, if possible.
xx. The assigned member of the team must take the
coordinates using the team’s own GPS or
NAVSAT.
99
xxi. The assigned member of the team must plot the
position of the boat/vessel on a nautical chart
indicating its location.
xxii. If there is fish catch, the fish examiner-member
of the boarding team must conduct fish
examination to identify the fish and to determine
if the same is caught through explosives. If there
is no fish examiner on board, the assigned team
member must take fish samples in accordance
with FAO 206 (See Annex 2) for submission to
BFAR or to the nearest fish examiner. (See Form
No. 26: FISH SAMPLE EVIDENCE and Form No.
19: RECEIPT OF FISH SAMPLE TAKEN FOR
EXAMINATION). For fish suspected to be
caught with poisonous/noxious substances, the
assigned team member must take fish sample.
This must be brought later to the nearest BFAR
laboratory or any BFAR-accredited laboratory, as
the case may be. (See Form No. 24: REQUEST
FOR SCIENTIFIC EXAMINATION OF FISH
SAMPLES)
xxiii. If there is fish net, the assigned member of the
team must determine the mesh size by applying
the definition of fine-mesh net in RA 8550 as
amended by RA 10654.
xxiv. If there are superlights and fishing light attractors,
the assigned team member must determine the
wattage and number, whether they fall within the
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prohibitions under FAO 204 and standards set by
DA-BFAR. (See Annex 3)
xxv. If there are corals, silica, white sand and pebbles,
which make up the marine habitat and other
aquatic/marine species, the assigned member of
the team must take samples for identification/
examination by BFAR, PCG or other appropriate
institutions. (See Form No: 20: RECEIPT OF
SAMPLE TAKEN FOR IDENTIFICATION, Form
No 22: REQUEST FOR IDENTIFICATION OF
SAMPLE OF SEIZED ITEMS and Form No. 28:
IDENTIFICATION/CERTIFICATION REPORT
OF SAMPLES OF SEIZED ITEMS)
xxvi. The leader of the search group must inform the
team leader of the result of the search and
inspection. If the result is negative for violation of
any laws, the boarding team shall disembark
after the Captain or the highest officer on board
the vessel has signed the BOARDING
CERTIFCATE (See Form No. 8: BOARDING
CERTIFICATE).
xxvii. If there is violation/s, the leader of the boarding
team must inform the Captain or the offenders on
board the vessel of the violation, and that a
Notice of Violation (See Form No. 40: NOTICE
OF VIOLATIONS) shall be issued against them.1
1This does not preclude the law enforcement team to follow the procedure on arrest, seizure, detention and case filing as provided in the Rules of Court and Rules of Procedure for Environmental Cases.
101
xxviii. The leader of the boarding team shall declare the
violation/s and that the team shall arrest the
offenders.
xxix. The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine:
(a) right to remain silent; (b) right to have a
counsel of their own choice; (c) if they have none,
the State shall provide them with one; and (d)
right to be informed of these rights.
xxx. In case of violation, the assigned member of the
boarding team shall seize the registration papers,
logbook and navigational chart of the
boat/vessel, and other documents to be included
in the inventory. In the absence of documents,
the same must be duly indicated in the
INCIDENT REPORT and SWORN STATEMENT
(See Annex 4: Sample Affidavit of Apprehending
Officer and Annex 5: Sample Affidavit of
Witness).
xxxi. The documentor-member of the boarding team
shall commence the tagging or labeling, the initial
inventory and the photo-documentation of the
evidence. If the condition on the boat/vessel does
not permit completion of the same, the final
tagging and inventory must be done once the
boat/vessel has docked at port.
xxxii. The documentor-member of the team shall tag or
label the evidence with the following information:
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estimated weight and/or quantity of the
items
full name of the suspect
date of seizure
place of seizure
initials/signature of the evidence tagger
xxxiii. The leader of the boarding team shall direct the
captain to bring the boat/vessel, while being
escorted by the apprehending boat/vessel, to the
nearest port for further disposition. Otherwise,
the apprehending boat/vessel shall tow it to the
nearest port. For efficiency purposes, it is
advised that while still at sea, the law
enforcement team coordinates immediately with
the local BFAR personnel for the latter to make
the necessary coordination with the authority that
has jurisdiction over the port where the law
enforcement team intends to escort or tow the
apprehended boat/vessel.
xxxiv. The owner of the apprehended boat/vessel must
pay or cover the port charges.
xxxv. The law enforcement team must conduct a
thorough inspection of the boat/vessel as soon
as it docks at the port.
xxxvi. The documentor-member of the law enforcement
team must conduct an inventory of all items to be
seized (See Form No. 15: INVENTORY
REPORT OF SEIZED ARTICLES) and must tag
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or label the same with the information stated
above.
xxxvii. The photo-documentor must take the pictures of
all the pieces of evidence seized along with the
evidence tag.
xxxviii. The leader of the law enforcement team must
issue the Notice of Violation (See Form No. 40:
NOTICE OF VIOLATIONS) with Seizure
Receipts upon the offender. He shall likewise
issue the same and cause its delivery to the
owner on record of the vessel.
xxxix. The Notice of Violation (See Form No. 40:
NOTICE OF VIOLATIONS) shall inform the
offender of the offense committed, the imposable
penalties for the violation, the fact that he will be
charged administratively before the Adjudication
Committee, and that he may offer a settlement in
accordance with the fishery law, rules and
regulations. It shall likewise contain a proviso that
upon offer and acceptance of an offer to settle,
the offender will not be administratively charged
before the Adjudication Committee.
xl. The leader of the law enforcement team must
issue the following seizure receipts to the
offender, whichever is applicable:
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS (See Form No. 9: RECEIPT
OF SEIZED FISH/FISHERY
104
PRODUCTS): for the fish or fishery
products seized. In filling this up, the
assigned member of the team shall write
the fish species, numbers, volume or
quantity, estimated weight and estimated
market value.
RECEIPT OF SEIZED EXPLOSIVES,
NOXIOUS OR POISONOUS
SUBSTANCE (See Form No. 10:
RECEIPT OF SEIZED EXPLOSIVES,
NOXIOUS OR POISONOUS
SUBSTANCES ): for the explosives,
noxious or poisonous substances seized;
RECEIPT OF SEIZED FISHING
BOAT/VESSEL (See Form No. 11:
RECEIPT OF SEIZED FISHING
BOAT/VESSEL): for the boat or vessel
seized;
RECEIPT OF OTHER SEIZED ITEMS
(See Form No. 12: RECEIPT OF OTHER
SEIZED ITEMS): for the other items
seized such as wildlife, silica, white sand,
pebbles, nets, gears, other tools and
paraphernalia not covered by the above
seizure receipts.
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS NOT SUITABLE FOR
HUMAN CONSUMPTION (See Form No.
105
13: RECEIPT OF SEIZED
FISH/FISHERY PRODUCTS NOT
SUITABLE FOR HUMAN
CONSUMPTION)
xli. The issuance of receipts must be done in the
presence of witnesses. Preferably, one of the
witnesses to the inventory and issuance of the
corresponding receipt is (1) an official of the
Barangay or the municipality/city that has
jurisdiction over the port; (or 2) the concerned
port personnel. In case of refusal by the offender
to sign the “received copy” portion of the receipts,
there must be a remark saying “refused to
acknowledge” signed by two witnesses.
xlii. In seizing the boat/vessel, the team leader must
coordinate with the port authorities regarding the
docking fee, when applicable and necessary.
xliii. The initial custody of the seized boat/vessel shall
be with the PNP Maritime Group, BFAR or PCG,
whichever is appropriate.
xliv. The custody of the boat/vessel may be released
to the owner upon the determination of the
Adjudication Committee or the competent court
where the case is pending, whichever is
appropriate, provided sufficient bond is posted
and by agreeing to the following conditions:
There shall be no alteration to the
boat/vessel;
106
There shall be no transfer of ownership;
There shall be no transfer of registration;
Other conditions which the PNP Maritime
Group, BFAR or PCG may find
applicable.
xlv. The law enforcement team must take custody of
the fish catch.
xlvi. The team must dispose/distribute the seized
fish/other fishery aquatic resources and its
derivatives/fishing gear/ equipment/ parapher-
nalia in accordance with pertinent laws, rules and
regulations and policies on the matter. (See Form
No. 29: NOTICE OF DISPOSAL OF SEIZED
FISH) to notify the said concerned institutions
(Form No. 30: TURN-OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCT(S) OR ITEM(S) OF
EVIDENCE, Form No. 32: TURN-OVER RECEIPT
OF ITEMS/ARTICLES ON BOARD THE
IMPOUNDED FISHING BOAT/VESSEL)
xlvii. Terrestrial plant and animal species, all turtles
and tortoises, wetland species, such as
crocodiles and water birds, amphibians and
dugong, including their derivatives and by
products, found on board the boat/vessel shall be
turned over to the nearest wildlife rescue center
of the DENR. The assigned member of the law
107
enforcement team must secure a turn over
receipt from the custodian officer of the DENR
rescue center that received the wildlife species.
(See Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xlviii. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
DA-BFAR for rehabilitation before release of the
species to the wild. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of the rescue
center who received the wildlife species. (See
Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xlix. Dead aquatic wildlife must be turned over to the
nearest DA-BFAR Regional or Provincial
Fisheries Office. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of BFAR who
received the wildlife species.
l. Silica, white sand, pebbles and any other
substances which make up any marine habitat, if
found on board the boat/vessel of the offender
must be turned over to the nearest office of the
Mines and Geosciences Bureau or the nearest
Provincial Environment and Natural Resources
Office (PENRO) or Community Environment and
Natural Resources Office (CENRO) of the
108
DENR. The receiving officer of the said offices
must issue a turn over receipt for the said
materials. (See Form No. 30: TURN OVER
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS OR ITEM(S) OF EVIDENCE)
li. Explosives and explosive devices found on board
the boat/vessel of the offender must be turned
over to the nearest Firearms and Explosives
Division of the PNP. The turn over must be
covered by a turn over receipt. (See Form No. 31:
TURN- OVER RECEIPT OF SEIZED
EXPLOSIVES, NOXIOUS OR POISONOUS
SUBSTANCES)
lii. Toxic and noxious substances, electrofishing
devices and superlights must be turned over to
the nearest BFAR office. Said turn over must be
covered by a turn over receipt. (See Form No. 31:
TURN- OVER RECEIPT OF SEIZED
EXPLOSIVES, NOXIOUS OR POISONOUS
SUBSTANCES and Form No. 32: TURN-OVER
RECEIPT OF ITEMS/ARTICLES ON BOARD THE
IMPOUNDED FISHING BOAT/VESSEL)
liii. The law enforcement team shall prepare the
necessary documents, such as the INVENTORY
REPORT OF SEIZED ARTICLES (See Form No.
15), INVENTORY OF ITEMS/ARTICLES ON
BOARD THE IMPOUNDED FISHING
BOAT/VESSEL (See Form No. 16),
INVENTORY OF SUPERLIGHTS (See Form No.
109
17), INVENTORY OF CREW/FISHWORKERS
(See Form No. 18), the appropriate SEIZURE
RECEIPTS, SWORN STATEMENTS of the
witnesses and the leader of the law enforcement
team in accordance with AM No. 12-8-8-SC,
otherwise known as the Judicial Affidavit Rule (
Annex 6), INCIDENT REPORT (See Form No. 7:
APPREHENSION REPORT), the appropriate
TURN OVER RECEIPTS, and other supporting
documents.
liv. For purposes of filing criminal case, the team
leader shall cause the recording of the violation
and the surrounding circumstances in the PNP or
the PCG blotter, whichever is appropriate, and
ask for a copy thereof.
lv. Immediately after apprehension and prior to
detention, the team leader shall immediately
order the release of the person/s apprehended
who will not be charged administratively or
criminally for the violation/s thereof. For person/s
that will be charged administratively, they may
only be released upon signing of Certificate of
Discharge of Crew (See Form No. 39:
CERTIFICATE OF DISCHARGE OF CREW).
For person/s that will be charge criminally, they
may only be released upon the order of the
competent authority.
lvi. Within five working days upon apprehension, the
team leader shall file the verified Administrative
Complaint together with the Affidavit of
110
Witnesses and Documentary Evidences before
the Adjudication Committee through the Hearing
Officer of the BFAR, unless there was an earlier
offer of settlement and acceptance of the same.
On the other hand, criminal complaint shall be
instituted in accordance with the provisions of the
Rules of Procedures for Environmental Cases
(RPEC).
2. Land-based Operation
a. Mobile Checkpoint
i. The leader of the law enforcement team must
coordinate with the nearest PNP detachment or
checkpoint on the setting up of the mobile
checkpoint.
ii. Each FISHERIES checkpoint shall have a
signboard, measuring three feet by four feet (3’ X
4’), to clearly identify the place as a FISHERIES
checkpoint from a reasonable distance. The
following shall be printed/painted on both sides in
bold red letters on a white background:
STOP
FISHERIES CHECKPOINT
Please bear with us.
Thank you for your cooperation.
_______________________________
Name and Address of Commanding Officer/Team Leader
___________________________________
111
iii. The law enforcement team must ensure that the
checkpoint is set up in a well-lighted area and the
signage is visible at night. In addition and if
possible, the area must be equipped with a
CCTV camera.
iv. A stand-by marked vehicle (ex: PNP, BFAR, or
LGU) must be made available.
v. All personnel manning the checkpoint must be in
proper uniform of their respective agencies.
vi. The law enforcement team shall stop all vehicles
carrying fish or fishery products. This must be
done by the PNP member of the team. In case of
evading vehicles, the team must pursue and at
the same time, report them to the appropriate
Police Station/s where the suspect is heading so
that the latter may stop it for inspection.
vii. The members of the team shall conduct an
inspection as follows:
BFAR checking the auxiliary invoice and
the local transport permit to determine
origin and payment of fees;
PNP conducting visual search;
BFAR or authorized fish examiner
conducting on-the spot fish examination
(determination of external and internal
manifestations of dynamited fish) (Note:
112
there should always be a fish examiner
present during mobile checkpoints);
BFAR checking if the goods found on the
vehicle are regulated (other wildlife
species not in the list of endangered, rare
or threatened) or prohibited (endangered,
rare or threatened aquatic wildlife
species, corals, silica, white sand,
pebbles and any other substances which
make up any marine habitat) by existing
laws, rules and regulations. Each
checkpoint shall be provided with posters
of the prohibited items;
If regulated and there is no
accompanying document or if prohibited,
there is a commission of an offense and
therefore there is a ground for the
issuance of the Notice of Violation (See
Form No. 40: NOTICE OF VIOLATIONS)
and seizure of the evidence.
viii. If there is violation, the leader of the law
enforcement team must inform the offenders of
the violation/s, that a Notice of Violation (See
Form No. 40: NOTICE OF VIOLATIONS) shall be
issued against them, and that the team shall
arrest them.2
2This does not preclude the law enforcement team to follow the procedure on arrest, seizure, detention and case filing as provided in the Rules of Court and Rules of Procedure for Environmental Cases.
113
ix. The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine :
(a) right to remain silent; (b) right to have a
counsel of their own choice; (c) if they have none,
the State shall provide them with one; and (d)
right to be informed of these rights;
x. The documentor-member of the team shall
commence the tagging or labeling of the seized
items. The tag or label shall contain the following
information:
estimated weight and/or quantity of the
items
full name of the offenders
date of seizure
place of seizure
initials/signature of the evidence tagger
xi. The documentor-member of the law enforcement
team must prepare inventory of all items to be
seized (See Form No. 15: INVENTORY
REPORT OF SEIZED ARTICLES).
xii. The photo-documentor must take the pictures of
all the pieces of evidence to be seized along with
the evidence tag.
114
xiii. The leader of the law enforcement team must
issue the Notice of Violation upon the offenders.
xiv. The Notice of Violation shall inform the offenders
of the offense committed, the imposable
penalties for the violation, the fact that they will
be charged administratively before the
Adjudication Committee, and that they may offer
a settlement in accordance with the fishery law,
rules and regulations. It shall likewise contain a
proviso that upon offer and acceptance of an
offer to settle, the offenders will not be
administratively charged before the Adjudication
Committee.
xv. The leader of the law enforcement team must
issue the following seizure receipts to the
offender, whichever is applicable:
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS (See Form No. 9: RECEIPT
OF SEIZED FISH/FISHERY
PRODUCTS): for the fish or fishery
products seized. In filling this up, the
assigned member of the team shall write
the fish species, numbers, volume or
quantity, estimated weight and estimated
market value.
RECEIPT OF OTHER SEIZED ITEMS
(See Form No. 12: RECEIPT OF OTHER
SEIZED ITEMS): for the other items
115
seized such as wildlife, silica, white sand,
pebbles, conveyance, tools and other
paraphernalia not covered by the above
seizure receipts.
xvi. In case of refusal by the offender to sign the
“received copy” portion of the receipts, there
must be a remark saying “refused to
acknowledge” signed by two witnesses.
xvii. The law enforcement team must take custody of
the fish catch.
xviii. The team must dispose/distribute the seized
fish/other fishery aquatic resources and its
derivatives/fishing gear/equipment/ parapher-
nalia in accordance with pertinent laws, rules and
regulations and policies on the matter. (See Form
No. 29: NOTICE OF DISPOSAL OF SEIZED
FISH) to notify the said concerned institutions
(Form No. 30: TURN-OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCT(S) OR ITEM(S) OF
EVIDENCE, Form No. 31: TURN-OVER RECEIPT
OF SEIZED EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCES (when necessary),
Form No. 32: TURN-OVER RECEIPT OF
ITEMS/ARTICLES ON BOARD THE
IMPOUNDED FISHING BOAT/VESSEL)
xix. Terrestrial plant and animal species, all turtles
and tortoises, wetland species, such as
116
crocodiles and water birds, amphibians and
dugong, including their derivatives and by
products, found on board the conveyance shall
be turned over to the nearest wildlife rescue
center of the DENR. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of the DENR
rescue center that received the wildlife species.
(See Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xx. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
DA-BFAR for rehabilitation before release to the
wild. The assigned member of the law
enforcement team must secure a turn over
receipt from the custodian officer of the rescue
center who received the wildlife species. (See
Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xxi. Dead aquatic wildlife must be turned over to the
nearest DA-BFAR Regional or Provincial
Fisheries Office. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of BFAR who
received the wildlife species.
xxii. Silica, white sand, pebbles and any other
substances which make up any marine habitat, if
found on board the conveyance, must be turned
117
over to the nearest office of the Mines and
Geosciences Bureau or the nearest Provincial
Environment and Natural Resources Office
(PENRO) or Community Environment and
Natural Resources Office (CENRO) of the
DENR. The receiving officer of the said offices
must issue a turn over receipt for the said
materials. (See Form No. 30: TURN OVER
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS OR ITEM(S) OF EVIDENCE)
xxiii. The conveyance, paraphernalia and other tools
used in committing the offense must be turned
over to the nearest impounding area of BFAR,
PNP or LGU and the assigned member of the
team should ensure that the impoundment is fully
documented.
xxiv. The corresponding technical inspection checklist
of the impounded vehicle must be filled up by the
assigned member of the team and validated by
the custodian officer. A copy thereof must be
given to the offenders.
xxv. The law enforcement team shall prepare the
necessary documents, such as the INVENTORY
REPORT OF SEIZED ARTICLES (See Form No.
15), the appropriate SEIZURE RECEIPTS,
SWORN STATEMENTS of the witnesses and
the leader of the law enforcement team in
accordance with AM No. 12-8-8-SC, otherwise
known as the Judicial Affidavit Rule ( Annex 6),
the APPREHENSION REPORT (See Form No.
118
7: APPREHENSION REPORT), the appropriate
TURN OVER RECEIPTS, and other supporting
documents.
xxvi. For purposes of filing criminal case, the team
leader shall cause the recording of the violation
and the surrounding circumstances in the PNP or
the PCG blotter, whichever is appropriate, and
ask for a copy thereof.
xxvii. Immediately after apprehension and prior to
detention, the team leader shall immediately
order the release of the person/s apprehended
who will not be charged administratively or
criminally for the violation/s thereof. For person/s
that will be charged administratively, they may
only be released upon signing of Certificate of
Discharge of Crew (See Form No. 39:
CERTIFICATE OF DISCHARGE OF CREW).
For person/s that will be charge criminally, they
may only be released upon the order of the
competent authority.
xxviii. Within five working days upon apprehension, the
team leader shall file the verified Administrative
Complaint together with the Affidavit of
Witnesses and Documentary Evidences before
the Adjudication Committee through the Hearing
Officer of the BFAR, unless there was an earlier
offer of settlement and acceptance of the same.
On the other hand, criminal complaint shall be
instituted in accordance with the provisions of the
119
Rules of Procedures for Environmental Cases
(RPEC).
b. Market denial: Scenario 1: Without information on
illegally caught fish with the use of explosives.
i. The law enforcement team shall gather
information and monitor the market for presence
of fish caught by means of explosives and for
presence of other banned species. (Note: Fish
examiner should always be present).
ii. If positive for fish caught by means of explosives
or positive for banned fishery products, the team
leader shall coordinate with the market
administrator, and with the Philippine National
Police. As a matter of formality, the team leader
may also coordinate with the Local Chief
Executive of the place.
iii. The law enforcement team shall secure the
immediate vicinity and the target.
iv. The team leader shall approach the target. He
shall introduce himself/herself and the
organization s/he is representing. Team leader
shall likewise introduce the other members of the
team.
v. Team leader shall explain the purpose of their
presence in the target area as well as the intent
to conduct an on- the-spot fish examination.
120
vi. The fish examiner who is part of the team shall
conduct the fish examination (determination of
external and internal manifestations of fish
caught by means of explosives).
vii. The fish examiner should orally declare his/her
findings. In addition, the result of the fish
examination must be reduced into writing. (See
Form No. 25: SCIENTIFIC EXAMINATION
REPORT OF FISH SAMPLES)
viii. If there is violation, the leader of the law
enforcement team must inform the offenders of
the violation/s, that a Notice of Violation shall be
issued against them, and that the team shall
arrest them.3
ix. The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine:
(a) right to remain silent; (b) right to have a
counsel of their own choice; (c) if they have none,
the State shall provide them with one; and (d)
right to be informed of these rights;
x. The documentor-member of the team shall
commence tagging or labeling. The tag or label
shall contain the following information:
3This does not preclude the law enforcement team to follow the procedure on arrest, seizure, detention and case filing as provided in the Rules of Court and Rules of Procedure for Environmental Cases.
121
estimated weight and/or quantity of the
items
full name of the offenders
date of seizure
place of seizure
initials/signature of the evidence tagger
xi. The documentor-member of the law enforcement
team must prepare inventory of all items to be
seized (See Form No. 15: INVENTORY
REPORT OF SEIZED ARTICLES).
xii. The photo-documentor must take the pictures of
all the pieces of evidence to be seized along with
the evidence tag.
xiii. The leader of the law enforcement team must
issue the Notice of Violation upon the offenders.
xiv. The Notice of Violation shall inform the offenders
of the offense committed, the imposable
penalties for the violation, the fact that they will
be charged administratively before the
Adjudication Committee, and that they may offer
a settlement in accordance with the fishery law,
rules and regulations. It shall likewise contain a
proviso that upon offer and acceptance of an
offer to settle, the offenders will not be
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administratively charged before the Adjudication
Committee.
xv. The leader of the law enforcement team must
issue the following seizure receipts to the
offender, whichever is applicable:
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS (See Form No. 9: RECEIPT
OF SEIZED FISH/FISHERY
PRODUCTS): for the fish or fishery
products seized. In filling this up, the
assigned member of the team shall write
the fish species, numbers, volume or
quantity, estimated weight and estimated
market value.
RECEIPT OF OTHER SEIZED ITEMS
(See Form No. 12: RECEIPT OF OTHER
SEIZED ITEMS): for the other items
seized such as wildlife, banned fishery
products, conveyance, tools and other
paraphernalia not covered by the above
seizure receipts.
xvi. In case of refusal by the offender to sign the
“received copy” portion of the receipts, there
must be a remark saying “refused to
acknowledge” signed by two witnesses.
xvii. The law enforcement team must take custody of
the fish catch.
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xviii. The team must dispose/distribute the seized
fish/other fishery aquatic resources and its
derivatives/fishing gear/equipment/ parapher-
nalia in accordance with pertinent laws, rules and
regulations and policies on the matter. (See Form
No. 29: NOTICE OF DISPOSAL OF SEIZED
FISH) to notify the said concerned institutions
(Form No. 30: TURN-OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCT(S) OR ITEM(S) OF
EVIDENCE, Form No. 31: TURN-OVER RECEIPT
OF SEIZED EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCES (when necessary),
Form No. 32: TURN-OVER RECEIPT OF
ITEMS/ARTICLES ON BOARD THE
IMPOUNDED FISHING BOAT/VESSEL)
xix. Terrestrial plant and animal species, all turtles
and tortoises, wetland species, such as
crocodiles and water birds, amphibians and
dugong, including their derivatives and by
products shall be turned over to the nearest
wildlife rescue center of the DENR. The assigned
member of the law enforcement team must
secure a turn over receipt from the custodian
officer of the DENR rescue center that received
the wildlife species. (See Form No. 30: TURN
OVER RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS OR ITEM(S) OF EVIDENCE)
xx. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
124
DA-BFAR for rehabilitation before release to the
wild. The assigned member of the law
enforcement team must secure a turn over
receipt from the custodian officer of the rescue
center who received the wildlife species. (See
Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xxi. Dead aquatic wildlife must be turned over to the
nearest DA-BFAR Regional or Provincial
Fisheries Office. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of BFAR who
received the wildlife species.
xxii. The conveyance, paraphernalia and other tools
used in committing the offense must be turned
over to the nearest impounding area of BFAR,
PNP or LGU and the assigned member of the
team should ensure that the impoundment is fully
documented.
xxiii. The corresponding technical inspection checklist
of the impounded vehicle must be filled up by the
assigned member of the team and validated by
the custodian officer. A copy thereof must be
given to the offenders.
xxiv. The law enforcement team shall prepare the
necessary documents, such as the INVENTORY
REPORT OF SEIZED ARTICLES (See Form No.
15), the appropriate SEIZURE RECEIPTS,
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SWORN STATEMENTS of the witnesses and
the leader of the law enforcement team in
accordance with AM No. 12-8-8-SC, otherwise
known as the Judicial Affidavit Rule (Annex 6),
APPREHENSION REPORT (See Form No. 7),
the appropriate TURN OVER RECEIPTS, and
other supporting documents.
xxv. For purposes of filing criminal case, the team
leader shall cause the recording of the violation
and the surrounding circumstances in the PNP or
the PCG blotter, whichever is appropriate, and
ask for a copy thereof.
xxvi. Immediately after apprehension and prior to
detention, the team leader shall immediately
order the release of the person/s apprehended
who will not be charged administratively or
criminally for the violation/s thereof. For person/s
that will be charged administratively, they may
only be released upon signing of Certificate of
Discharge of Crew (See Form No. 39:
CERTIFICATE OF DISCHARGE OF CREW).
For person/s that will be charge criminally, they
may only be released upon the order of the
competent authority.
xxvii. Within five working days upon apprehension, the
team leader shall file the verified Administrative
Complaint together with the Affidavit of
Witnesses and Documentary Evidences before
the Adjudication Committee through the Hearing
Officer of the BFAR, unless there was an earlier
126
offer of settlement and acceptance of the same.
On the other hand, criminal complaint shall be
instituted in accordance with the provisions of the
Rules of Procedures for Environmental Cases
(RPEC).
c. Market denial: Scenario 2: With information from
surveillance and intelligence gathering activity of
delivery of fish caught with the use of explosives or
banned fishery products or species bearing harmful
bio-toxins.
i. The team leader of the law enforcement team
must coordinate with the market administrator
and the local PNP of the presence of fish caught
by means of explosives or banned fishery
products. The team leader must inform said
officials that the products should be held until
after the products are cleared by the inspecting
team.
ii. The law enforcement team shall intercept the
suspected vehicle.
iii. Once the vehicle has come to a full stop, the
team leaders shall approach the suspect.
iv. The team leader shall introduce himself/herself
and the organization s/he is representing. The
team leader shall likewise introduce the other
members of the team.
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v. The team leader shall explain the purpose of their
presence in the area as well as the intent to
conduct an on-the-spot fish examination.
vi. The fish examiner who is part of the team shall
conduct the fish examination (determination of
external and internal manifestations of fish
caught by means of explosives).
vii. The fish examiner should orally declare his/her
findings. The findings should likewise be reduced
into writing.
viii. If there is violation, the leader of the law
enforcement team must inform the offenders of
the violation/s, that a Notice of Violation shall be
issued against them, and that the team shall
arrest them.4
ix. The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine :
(a) right to remain silent; b) right to have a
counsel of their own choice; (c) if they have none,
the State shall provide them with one; and (d)
right to be informed of these rights;
x. The documentor-member of the team shall
commence the tagging or labeling of the seized
4This does not preclude the law enforcement team to follow the procedure on arrest, seizure, detention and case filing as provided in the Rules of Court and Rules of Procedure for Environmental Cases.
128
items. The tag or label shall contain the following
information:
estimated weight and/or quantity of the
items
full name of the offenders
date of seizure
place of seizure
initials/signature of the evidence tagger
xi. The documentor-member of the law enforcement
team must prepare an inventory of all items to be
seized (See Form No. 15: INVENTORY
REPORT OF SEIZED ARTICLES).
xii. The photo-documentor must take the pictures of
all the pieces of evidence to be seized along with
the evidence tag.
xiii. The leader of the law enforcement team must
issue the Notice of Violation upon the offenders.
xiv. The Notice of Violation shall inform the offenders
of the offense committed, the imposable
penalties for the violation, the fact that they will
be charged administratively before the
Adjudication Committee, and that they may offer
a settlement in accordance with the fishery law,
rules and regulations. It shall likewise contain a
129
proviso that upon offer and acceptance of an
offer to settle, the offenders will not be
administratively charged before the Adjudication
Committee.
xv. The leader of the law enforcement team must
issue the following seizure receipts to the
offender, whichever is applicable:
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS (See Form No. 9: RECEIPT
OF SEIZED FISH/FISHERY
PRODUCTS): for the fish or fishery
products seized. In filling this up, the
assigned member of the team shall write
the fish species, numbers, volume or
quantity, estimated weight and estimated
market value.
RECEIPT OF OTHER SEIZED ITEMS
(See Form No. 12: RECEIPT OF OTHER
SEIZED ITEMS): for the other items
seized such as wildlife, banned fishery
products, conveyance, tools and other
paraphernalia not covered by the above
seizure receipts.
xvi. In case of refusal by the offender to sign the
“received copy” portion of the receipts, there
must be a remark saying “refused to
acknowledge” signed by two witnesses.
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xvii. The law enforcement team must take custody of
the fish catch.
xviii. The team must dispose/distribute the seized
fish/other fishery aquatic resources and its
derivatives/fishing gear/equipment/ parapher-
nalia in accordance with pertinent laws, rules and
regulations and policies on the matter. (See Form
No. 29: NOTICE OF DISPOSAL OF SEIZED
FISH) to notify the said concerned institutions
(Form No. 30: TURN-OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCT(S) OR ITEM(S) OF
EVIDENCE (when necessary), Form No. 32:
TURN-OVER RECEIPT OF ITEMS/ARTICLES ON
BOARD THE IMPOUNDED FISHING
BOAT/VESSEL)
xix. Terrestrial plant and animal species, all turtles
and tortoises, wetland species, such as
crocodiles and water birds, amphibians and
dugong, including their derivatives and by
products shall be turned over to the nearest
wildlife rescue center of the DENR. The assigned
member of the law enforcement team must
secure a turn over receipt from the custodian
officer of the DENR rescue center that received
the wildlife species. (See Form No. 30: TURN
OVER RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS OR ITEM(S) OF EVIDENCE)
xx. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
131
DA-BFAR for rehabilitation before the release of
the species to the wild. The assigned member of
the law enforcement team must secure a turn
over receipt from the custodian officer of the
rescue center who received the wildlife species.
(See Form No. 30: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
xxi. Dead aquatic wildlife must be turned over to the
nearest DA-BFAR Regional or Provincial
Fisheries Office. The assigned member of the
law enforcement team must secure a turn over
receipt from the custodian officer of BFAR who
received the wildlife species.
xxii. The conveyance, paraphernalia and other tools
used in committing the offense must be turned
over to the nearest impounding area of BFAR,
PNP or LGU and the assigned member of the
team should ensure that the impoundment is fully
documented.
xxiii. The corresponding technical inspection checklist
of the impounded vehicle must be filled up by the
assigned member of the team and validated by
the custodian officer. A copy thereof must be
given to the offenders.
xxiv. The law enforcement team shall prepare the
necessary documents, such as the INVENTORY
REPORT OF SEIZED ARTICLES (See Form No.
15), the appropriate SEIZURE RECEIPTS,
132
SWORN STATEMENTS of the witnesses and
leader of the law enforcement team in
accordance with AM No. 12-8-8-SC, otherwise
known as the Judicial Affidavit Rule ( Annex 6),
APPREHENSION REPORT (See Form No. 7),
the appropriate TURN OVER RECEIPTS, and
other supporting documents.
xxv. For purposes of filing criminal case, the team
leader shall cause the recording of the violation
and the surrounding circumstances in the PNP or
the PCG blotter, whichever is appropriate, and
ask for a copy thereof.
xxvi. Immediately after apprehension and prior to
detention, the team leader shall immediately
order the release of the person/s apprehended
who will not be charged administratively or
criminally for the violation/s thereof. For person/s
that will be charged administratively, they may
only be released upon signing of Certificate of
Discharge of Crew (See Form No. 39:
CERTIFICATE OF DISCHARGE OF CREW).
For person/s that will be charge criminally, they
may only be released upon the order of the
competent authority.
xxvii. Within five working days upon apprehension, the
team leader shall file the verified Administrative
Complaint together with the Affidavit of
Witnesses and Documentary Evidences before
the Adjudication Committee through the Hearing
Officer of the BFAR, unless there was an earlier
133
offer of settlement and acceptance of the same.
On the other hand, criminal complaint shall be
instituted in accordance with the provisions of the
Rules of Procedures for Environmental Cases
(RPEC).
d. Landing Denial (with information of the suspect)
i. If possible, the leader of the law enforcement team
must coordinate in advance with the Port Authority
about the operation, particularly the handling of
the target boat/vessel.
ii. The team must wait for the arrival of target
boat/vessel.
iii. Once the target boat/vessel has docked or
anchored, the team leader shall approach the
boat/vessel.
iv. Upon nearing the suspect boat/vessel, the team
leader shall identify himself to the captain of the
target boat/vessel and the unit or organization to
which he belongs.
v. The team leader must inform the captain of the
intent to board the boat/vessel and conduct
inspection.
vi. Once the team has boarded, the search group
conducts inspection of the boat/vessel by dividing
it into starboard and port side for inspection.
134
vii. The team leader stays at the wheelhouse with the
captain to check documents such as the logbook
and other boat/vessel documents such as
Commercial Fishing Boat/vessel and Gear
License (CFVGL), MARINA documents,
Certificate of Clearance and fisherman’s license.
viii. If positive for fish, the fish examiner who is part of
the team shall conduct an on-the-spot fish
examination (determination of external and
internal manifestations of fish caught with the use
of explosives).
ix. The search group shall check for other violations
such as illegal possession and transport of wildlife
and illegal possession and transport of banned
products such as rare, threatened and endemic
aquatic species, corals, silica, white sand,
pebbles and any other substances which make up
any marine habitat, explosives and explosive
devices.
x. If there is violation, the leader of the law
enforcement team must inform the offenders of
the violation/s, that a Notice of Violation shall be
issued against them, and that the team shall arrest
them5
xi. The team leader or the assigned member of the
team shall inform the offenders of their
5This does not preclude the law enforcement team to follow the procedure on arrest, seizure, detention and case filing as provided in the Rules of Court and Rules of Procedure for Environmental Cases.
135
Constitutional rights under the Miranda doctrine :
(a) right to remain silent; (b) right to have a
counsel of their own choice; (c) if they have none,
the State shall provide them with one; and (d) right
to be informed of these rights;
xii. The documentor-member of the team shall
commence the tagging or labeling of the seized
items. The tag or label shall contain the following
information:
estimated weight and/or quantity of the
items
full name of the offenders
date of seizure
place of seizure
initials/signature of the evidence tagger
xiii. The documentor-member of the law enforcement
team must prepare an inventory of all items to be
seized (See Form No. 15: INVENTORY REPORT
OF SEIZED ARTICLES).
xiv. The photo-documentor must take the pictures of
all the pieces of evidence to be seized along with
the evidence tag.
xv. The leader of the law enforcement team must
issue the Notice of Violation upon the offenders.
136
xvi. The Notice of Violation shall inform the offenders
of the offense committed, the imposable penalties
for the violation, the fact that they will be charged
administratively before the Adjudication
Committee, and that they may offer a settlement
in accordance with the fishery law, rules and
regulations. It shall likewise contain a proviso that
upon offer and acceptance of an offer to settle, the
offenders will not be administratively charged
before the Adjudication Committee.
xvii. The leader of the law enforcement team must
issue the following seizure receipts to the
offender, whichever is applicable:
RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS (See Form No. 9: RECEIPT
OF SEIZED FISH/FISHERY
PRODUCTS): for the fish or fishery
products seized. In filling this up, write the
fish species, numbers, volume or
quantity, estimated weight and estimated
market value.
RECEIPT OF SEIZED EXPLOSIVES,
NOXIOUS OR POISONOUS
SUBSTANCE (See Form No. 10:
RECEIPT OF SEIZED EXPLOSIVES,
NOXIOUS OR POISONOUS
SUBSTANCES ): for the explosives,
noxious or poisonous substances seized;
137
RECEIPT OF SEIZED FISHING
BOAT/VESSEL (See Form No. 11:
RECEIPT OF SEIZED FISHING
BOAT/VESSEL) : for the boat or vessel
seized;
RECEIPT OF OTHER SEIZED ITEMS
(See Form No. 12: RECEIPT OF OTHER
SEIZED ITEMS): for the other items
seized such as wildlife, silica, white sand,
pebbles, nets, gears, other tools and
paraphernalia not covered by the above
seizure receipts.
xviii. In case of refusal by the offender to sign the
“received copy” portion of the receipts, there must
be a remark saying “refused to acknowledge”
signed by two witnesses.
xix. The law enforcement team must take custody of
the fish catch.
xx. The team must dispose/distribute the seized
fish/other fishery aquatic resources and its
derivatives/fishing gear/equipment/ parapher-
nalia in accordance with pertinent laws, rules and
regulations and policies on the matter. (See Form
No. 29: NOTICE OF DISPOSAL OF SEIZED
FISH) to notify the said concerned institutions
(Form No. 30: TURN-OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCT(S) OR ITEM(S) OF
EVIDENCE, Form No. 31: TURN-OVER RECEIPT
138
OF SEIZED EXPLOSIVES, NOXIOUS OR
POISONOUS SUBSTANCES (when necessary),
Form No. 32: TURN-OVER RECEIPT OF
ITEMS/ARTICLES ON BOARD THE
IMPOUNDED FISHING BOAT/VESSEL)
xxi. Terrestrial plant and animal species, all turtles and
tortoises, wetland species, such as crocodiles and
water birds, amphibians and dugong, including
their derivatives and by products shall be turned
over to the nearest wildlife rescue center of the
DENR. The assigned member of the law
enforcement team must secure a turn over receipt
from the custodian officer of the DENR rescue
center that received the wildlife species. (See
Form No. 30: TURN OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCTS OR ITEM(S) OF
EVIDENCE)
xxii. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
DA-BFAR for rehabilitation before release to the
wild. The assigned member of the law
enforcement team must secure a turn over receipt
from the custodian officer of the rescue center
who received the wildlife species. (See Form No.
30: TURN OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCTS OR ITEM(S) OF
EVIDENCE)
xxiii. Dead aquatic wildlife must be turned over to the
nearest DA-BFAR Regional or Provincial
139
Fisheries Office. The assigned member of the law
enforcement team must secure a turn over receipt
from the custodian officer of BFAR who received
the wildlife species.
xxiv. Silica, white sand, pebbles and any other
substances which make up any marine habitat, if
found on board the conveyance, must be turned
over to the nearest office of the Mines and
Geosciences Bureau or the nearest Provincial
Environment and Natural Resources Office
(PENRO) or Community Environment and Natural
Resources Office (CENRO) of the DENR. The
receiving officer of the said offices must issue a
turn over receipt for the said materials. (See Form
No. 30: TURN OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCTS OR ITEM(S) OF
EVIDENCE)
xxv. The law enforcement team shall prepare the
necessary documents, such as the INVENTORY
REPORT OF SEIZED ARTICLES (See Form No.
15), the appropriate SEIZURE RECEIPTS,
SWORN STATEMENTS of the witnesses and
leader of the law enforcement team in accordance
with AM No. 12-8-8-SC, otherwise known as the
Judicial Affidavit Rule (Annex 6),
APPREHENSION REPORT (See Form No. 7),
the appropriate TURN OVER RECEIPTS, and
other supporting documents.
xxvi. For purposes of filing criminal case, the team
leader shall cause the recording of the violation
140
and the surrounding circumstances in the PNP or
the PCG blotter, whichever is appropriate, and ask
for a copy thereof.
xxvii. Immediately after apprehension and prior to
detention, the team leader shall immediately order
the release of the person/s apprehended who will
not be charged administratively or criminally for
the violation/s thereof. For person/s that will be
charged administratively, they may only be
released upon signing of Certificate of Discharge
of Crew (See Form No. 39: CERTIFICATE OF
DISCHARGE OF CREW). For person/s that will
be charge criminally, they may only be released
upon the order of the competent authority.
xxviii. Within five working days upon apprehension, the
team leader shall file the verified Administrative
Complaint together with the Affidavit of Witnesses
and Documentary Evidences before the
Adjudication Committee through the Hearing
Officer of the BFAR, unless there was an earlier
offer of settlement and acceptance of the same.
On the other hand, criminal complaint shall be
instituted in accordance with the provisions of the
Rules of Procedures for Environmental Cases
(RPEC).
e. Importation
i. Importation of non-banned/prohibited fish and
fishery/aquatic products is allowed as long as
141
importer has necessary permits from BFAR and
other concerned agencies.
ii. If imported fish or fishery/aquatic products are
discovered to be without the necessary permits
and the discovery happened within the confines of
the Customs zone, the Bureau of Customs shall
initiate the seizure/forfeiture proceedings in the
concern port of entry against the shipment. The
disposition of the forfeited shipment shall be in
accordance with the provisions of the Tariff and
Customs Code.
iii. If discovery of undocumented imported fish or
fishery/aquatic products happened outside the
confines of the Customs Zone, BFAR or its duly
deputized agents can seize the products and
disposition thereof shall be in accordance with
FAO 195. (See Annex 7)
iv. All operations on imported fish and aquatic
products outside the confines of the Customs
zones must be properly coordinated with BFAR.
v. The Bureau of Customs in coordination with BFAR
shall file the corresponding criminal complaint for
violation of the TCCP as amend in relation to
BFAR laws, rules, and regulations. For this
purpose, the joint referral for the criminal and/or
administrative complaint shall be signed by the
Commissioner of Customs and the BFAR
Director.
142
f. Exportation
i. Exportation of fish and other fishery/aquatic
products must be covered by appropriate permit
from BFAR and other concerned agencies.
ii. If fish or fishery/aquatic products are exported
without the necessary permits, fraudulently
declared, or the products are prohibited or
banned, the Customs can seize the same and
must immediately turn over custody thereof to
BFAR for the latter’s proper disposition in
accordance with its existing rules and regulations.
D. POST OPERATION
1. Notice of Violation (See Form No. 40: NOTICE OF VIOLATIONS) will be reproduced in nine (9) original copies with attachment of certified photocopies of seizure receipts for the following:
a. Boat Owner b. Boat Captain c. Three (3) highest officer of the vessel d. BFAR Regional Director e. Hearing Officer f. Team Leader g. File of the Chief, Fisheries Management,
Regulatory and Enforcement Division (FMRED)
2. The team leader conducts debriefing with the team members
to assess the conduct of the operation.
3. The team leader causes the preparation of post operation
report, copy furnished other agencies involved.
143
4. The team leader shall cause the taking of the photo of the
team.
5. The team leader causes the monitoring of the case filed in
adjudication committee.
E. PROCEDURE FOR AQUATIC POLLUTION
1. Aquatic Pollution by a)introduction of substances or
energy to aquatic environment; or b) discharge of
petroleum or residual products of petroleum of
carbonaceous materials/substances, and other
radioactive, noxious or harmful liquid, gaseous or solid
substances
a. The law enforcement team shall photo document, if
possible, the act of introduction of substances or
energy or discharge of petroleum and other
radioactive, noxious or harmful substances. Likewise,
the team shall take note of the transport containers
and labels.
b. Upon detection of the offense, the concerned BFAR
or the PCG Office that has the capability to conduct
laboratory examination will take samples of the
substances in accordance with their protocols;
otherwise the concerned BFAR or PCG office must
coordinate with the nearest office of the
Environmental Management Bureau (EMB) for water
sampling.
144
c. The law enforcement team shall determine the
coordinates of the place where introduction of
substances or discharge is done.
d. The BFAR shall likewise coordinate with the
Philippine Coast Guard for emergency clean up.
Clean up shall ultimately be shouldered by the
person/s that caused the pollution.
e. If EMB or PCG is tapped, the same shall follow its own
sampling protocol.
f. The photo-documentor of the law enforcement team
shall document the process of taking samples.
g. The assigned member of the law enforcement team
shall prepare four copies of RECEIPT OF WATER
SAMPLE TAKEN FOR LABORATORY TEST (See
Form No. 21: RECEIPT OF WATER SAMPLE TAKEN
FOR LABORATORY TEST) and issue a copy to the
company/person/entity from whom the sample/s are
taken.
h. The assigned member of the team shall submit
sample/s to the concerned laboratory (BFAR, EMB or
PCG) for the conduct of test to identify substance or
energy and must ensure receipt of TURN-OVER
RECEIPT OF WATER SAMPLE (See Form No. 33:
TURN-OVER RECEIPT OF WATER SAMPLE) by
laboratory.
i. The team leader should determine through expert or
published scientific data whether the substance or
energy results or is likely to result in such deleterious
145
effects as to harm living and nonliving aquatic
resources, or poses potential or real hazard to human
health, or
j. The team should gather evidence to show that such
substance or energy hinders aquatic activities such as
fishing and navigation.
k. The team shall prepare an Affidavit-Complaint in
accordance with AM No. 12-8-8-SC, otherwise known
as the Judicial Affidavit Rule, as to the following:
The manner or procedure of sample taking.
The place with coordinates, date, time, and
other circumstances that were prevailing
during the sample-taking process.
The source(s) of the substances or energy
that were taken as sample(s) and the owner
of the said sources. The team should
indicate whether the source is water, land or
air transport, or other human-made structure.
The photo-evidence taken during the entire
process.
l. The team shall submit the Affidavit- Complaint with the
attached documents such as RECEIPT OF WATER
SAMPLE TAKEN FOR LABORATORY TEST (see Form
No. 21), TURN-OVER RECEIPT OF WATER SAMPLE
(see Form No. 33), Result of the laboratory examination
of the samples showing the substance or energy that
146
was discharged and the study or published scientific
data showing that the substance or energy that was
discharged results or is likely to result in such deleterious
effects as to harm living and nonliving aquatic resources,
or poses potential or real hazard to human health, to the
Adjudication Committee of the BFAR.
2. Aquatic Pollution; waste dumping/disposal
a. The law enforcement team shall take photo
documentation of the person who is dumping or
disposing the waste.
b. The assigned member of the team shall determine
the coordinates of the place where dumping or
disposal is done, taking note of the transport
containers and labels, if applicable.
c. Upon detection of the offense, the team must
determine the identity of the offender.
d. The authorized representative of the BFAR shall
issue the Notice of Violation upon the offender.
e. If there is official settlement of the violation, the
authorized representative of the BFAR shall release
the offender.
f. If there is no official settlement, the authorized
representative shall prepare the Affidavit-Complaint
in accordance with AM No. 12-8-8-SC, otherwise
known as the Judicial Affidavit Rule, indicating the
circumstances of the acts or omission and support
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with appropriate evidence and file the same with the
Adjudication Committee of the BFAR.
3. Aquatic Pollution: deforestation
a. The law enforcement team shall investigate, together
with an expert on aquatic resources, the alleged
deforestation to determine whether or not it results in
hazardous and deleterious effects as to harm living
and non-living aquatic resources.
b. The team shall photo-document the entire
investigation, including the appropriate pieces of
evidence.
c. The team shall conduct a site survey and inventory
of trees or mangroves that were cut, in coordination
with DENR.
d. If positive for hazardous and deleterious effects, the
team leader must secure the sworn statement of said
expert witness.
e. The team leader must submit to BFAR or LGU and
DENR the comprehensive report of the results and
findings of the investigation, including the
assessment of the contaminated area, for
appropriate action.
4. Aquatic Pollution: unsound agricultural practices
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a. The law enforcement team shall investigate, in
coordination with EMB or PCG, whether or not a
person used banned chemicals, is engaged in
excessive use of any chemicals, intensively used
artificial fish feeds, or converted wetlands for any
purpose.
b. The team must take sample(s) of alleged banned
chemicals, other chemicals used by such person, or
of the artificial fish feeds, whatever is applicable, take
note of the of the transport containers and labels, if
applicable.
c. The BFAR, EMB or PCG shall likewise take water
sample using the official sampling protocol of their
respective agencies.
d. The assigned member of the team must label the
samples taken.
e. The photo-documentor must document the sampling
process, if possible.
f. The assigned member of the team must submit the
samples to government or government-accredited
laboratory for identification and analysis.
g. The team must determine through competent
agencies such as the EMB and Department of
Agriculture whether or not such chemical is banned
or whether or not the use of allowed/regulated
chemicals is excessive, as provided for under
existing laws.
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h. The team must determine through the BFAR whether
or not artificial fish feeds is used and whether or not
such use is excessive based on standards.
i. The team must prepare the INVESTIGATON
REPORT, indicating results and findings of the
investigation conducted.
j. The team must submit report to BFAR or concerned
LGU or agency for appropriate action and/or prepare
SWORN STATEMENTS in accordance with AM No.
12-8-8-SC, otherwise known as the Judicial Affidavit
Rule, with all appropriate documentary evidence
attached for filing of case with the Adjudication
Committee of the BFAR.
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Part VI
ADMINISTRATIVE SEIZURE AND DISPOSITION
OF SEIZED ITEMS
Pursuant to the Provisions of Book VII, Chapter 1, Section 1
of Executive Order No. 292, otherwise known as the Administrative
Code of 1987, in relation to Section 65 (n), of Republic Act No. 8550,
as amended by Republic Act No. 10654, and Rule 12 Section 1 of
A.M. No. 09-6-8-SC, otherwise known as the Rules of Procedure for
Environmental Cases, these Rules for the administrative seizure
and disposition of illegally caught fish, fishing gears, nets,
instruments, tools, implements, boat/vessels, and conveyances
used in connection with the violation of any of the prohibited acts
under RA 8550, as amended, are hereby promulgated.
Section 1. Coverage. This covers the seizure and
disposition of articles subject of apprehensions by the BFAR.
Section 2. Definitions. — As used in this Order, the
following terms shall be defined and/or construed as indicated
below:
a. SEIZURE is the official act of taking by persons
authorized hereby of those items listed in Section 3
hereof into government custody.
b. ADMINISTRATIVE SEIZURE – procedure where a
Seizure Officer verify the existence of a prima facie case
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against the offender and upon such finding, issue a
Confirmation of Seizure of the seized items.
Section. 3. Items subject to seizure.
a. ILLEGALLY CAUGHT FISH– refers to fish caught in
violation of the prohibitions under RA 8550 and other
related laws, rules and regulations.
b. ILLEGALLY CAUGHT OR GATHERED MARINE AND
AQUATIC RESOURCES- refer to those caught or
gathered marine and aquatic resources in violation of the
prohibitions under RA 8550 and other related laws, rules
and regulations.
c. FISHING NETS, FISHING GEARS, EQUIPMENT,
TOOLS, PARAPHERNALIA and IMPLEMENTS - used
in the catching, gathering, collecting, processing and/or
transporting of illegally caught fish and illegally caught or
gathered marine and aquatic resources.
d. CONVEYANCE - any mode or type or class of vehicle or
craft or any other means used for transportation either
on land, water, air, or any combination thereof, whether
motorized or not, used for or in taking and/or maintaining
temporary or permanent possession or control,
gathering, collecting, processing, disposing of, or
otherwise transporting, moving or transferring illegally
caught fish or illegally gathered marine and aquatic
resources.
Section 4. Administrative Seizure – Upon delivery of the
seized items to the Seizure Officers, the latter shall forthwith verify
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the existence of a prima facie case against the offender by
examining all the documents submitted to him by the apprehending
officer.
4.1. The following are the Seizure Officers:
4.1.1. The Provincial Fisheries Officers (PFO) of the
Bureau of Fisheries and Aquatic Resources
(BFAR) actually assigned to the area of
apprehension at the time thereof; or
i. The Regional Directors (RD) of the BFAR that
has jurisdiction over the area of
apprehension; or
4.1.3. The BFAR Director may, from time to time,
designate in writing, such other Officers for the
purpose.
Section 5. Verifying Prima Facie Case - In verifying the
existence of a prima facie case against the offender, the appropriate
BFAR Officer shall personally examine the apprehending officer and
any witnesses appearing before him in order to satisfy himself that
an offense has been committed, that the evidence at hand indicates
the offender is probably guilty thereof, and the items delivered to
him are the proceeds of the violation. Should a prima facie case
against the offender be thus found, the Seizure Officer shall
immediately declare this fact by issuing a CONFIRMATION OF
SEIZURE for the seized item(s).
Section 6. Government Vehicle - In case the apprehended
conveyance involved is a government vehicle, the procedure above
shall be followed and the vehicle shall be immediately released to
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the highest regional office who owned the same, upon
acknowledging that the said conveyance has been used in violation
of existing Fishery Laws, Rules and Regulations.
Section 7. Articles that can be subject of release –
Seized items subject of CONFIRMATION OF SEIZURE which the
Fisheries Code and other relevant laws do not provide as can be
confiscated in favor of the government can be released upon
payment to BFAR of sufficient bond.
Section 8. Articles subject to public sale. Seized items
subject of CONFIRMATION OF SEIZURE which can be confiscated
in favor of the Government under the Fisheries Code and other
relevant laws shall be disposed of through sale by public auction.
Section 9. Floor Price. Floor price of the seized item in
auction sale shall not be less than the value of the canvassed local
or domestic price of the said item, like or similar articles and in the
ordinary course of trade, which shall be approved by the BFAR
Regional Director or by the BFAR Director, whoever is appropriate.
The value shall take into consideration the obsolence, condition and
reasonable depreciation.
Section 10. Notice of Public Auction. There shall be
Notice of the Public Auction which shall be prepared by the Office
of the Regional Director/National Director. The notice shall contain
the following:
a. specific time, date and place of the auction sale;
b. specific description of the item/s or article/s;
c. floor price
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d. specific date, time and place for the inspection of all
items/articles which shall be 2 days before auction
Section 11. Publication and Posting of Notice of Sale.
Notice of sale must be published in newspaper of general circulation
once a week for two consecutive weeks. The publication of notices
shall be made at least twenty (20) days prior to the actual date of
public auction of sale. Likewise, similar notice shall be posted in
conspicuous places/public places in the city, municipality or
barangay where the item/article is located.
Section 12. Qualified Bidders. Anyone could bid except
foreign nationals, corporations or otherwise, which are prohibited by
the Philippine Constitution and Fishery laws in the Philippines, and
those disqualified under existing rules and regulations;
Section 13. Registration of Bidders. All prospective
bidders shall register before the auction sale with the Bids and
Awards Committee of the concerned BFAR Regional Office/Central
Office by presenting the receipt of the cash bond together with their
Community Tax Certificate (CTC) and Taxpayer’s Identification
Number (TIN);
Section 14. Requirement for Bid. Each bid must be
accompanied by a bidder’s bond in the form of Cash/Manager’s
Check issued by any commercial bank payable to BFAR in the
amount equivalent to ten percent (10%) of the floor price. No other
form of bid bond will be accepted. The bond shall be paid to the
Finance Division of the BFAR Regional Office/Central Office, where
the auction shall be held. The bond shall form part of the bid or
payment if the sale is awarded to the bidder, unless forfeited by
reason of default. The bond of the losing bidder will be returned to
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them, without interest, as soon as the Notice of Award has been
issued.
Section 15. Bid Form. All bids shall be contained in a BID
FORM supplied by the BAC, placed in sealed envelope and
submitted on or two weeks before the scheduled auction sale to the
BAC of the BFAR Regional Office/ Central Office. The sealed bids
shall be opened only in public during the close of Auction Sale;
Section 16. Evaluation of Bids. Only bids equal to or
higher than the floor price as specified in the Notice of Sale (NOS),
shall be evaluated by the BAC;
Section 17. Successful Bidding. There shall be at least
three (3) bidders for every item/article to have a successful bidding
process for the same;
Section 18. Successful Bidder. The Registered Bidder
who submits the highest bid shall, after proper evaluation, be
awarded the auctioned item/article. In case of tie-bids, a new sealed
bidding shall immediately be conducted among the tie-bidders until
such tie is broken;
Section 19. Payment of Bid. The highest bidder shall pay
the full amount of his bid either in Cash or Manager’s Check issued
in the name of the BFAR or the BFAR Regional Office, as the case
may be, within two (2) days after receipt of the Notice of Award
unless the BFAR Director or Regional Director, allows an extension
of time within which to fully pay the bid price;
Section 20. Proceeds of the Sale. Proceeds of the sale
shall be held in trust and deposited with the government depository
bank for disposition according to the judgment, if a case in court is
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filed. Otherwise, the same shall be returned to the owner of the
seized item, less the cost of storage and other applicable fees and
taxes.
Section 21. Taxes and Expenses. All taxes and expenses
relative to the transfer and issuance of certificate of
registration/ownership shall be borne by the winning bidder
immediately upon signing and approval of the Certificate of Sale;
Section 22. Default by the Winning Bidder. In case of
default by the winning bidder and the consequent cancellation of the
award, the second and the third highest bidder may increase their
bid to the amount equal to or higher than that of the highest bid and
whoever among them tenders a bid equivalent to or higher than the
bid of the defaulting highest bidder shall be awarded the auctioned
item/article. The defaulting highest bidder shall be disqualified to
further bid on the rest of the auctioned item/article;
Section 23. Failure or Refusal to Pay the Full Amount.
Failure or refusal of the winning bidder to pay the full amount of the
bid within the period afore-stated shall render the award void and
the bidder’s cash bond shall be forfeited in favor of the government;
Section 24. Cancellation of Bid. In case there is no bidder
or if the highest bid for the item/article is less than the minimum or
floor price, or if the floor price is later found to be not the current fair
market value of the item/article, or if the bid price is found to be
disadvantageous to the government, the bid shall be cancelled;
Section 25. Approval of Award. All awards made by the
BAC of the National Office shall be subject to the final approval of
the BFAR Director whereas those auctions done in the BFAR
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Regional Office shall be approved by the Regional Director, before
the Notice of Award/Certificate of Sale be released to the taxpayer;
Section 26. Cancellation of Awards or Contract. Any of
the following shall constitute grounds for cancellation of awards
and/or contract:
a. fraudulent acquisition of the property;
b. violation of the terms and conditions of awards;
c. violation of the terms and conditions in the Certificate of
Sale;
d. violation of existing laws, rules, regulations, and
ordinances;
e. other instances analogous to the above-mentioned
grounds.
Section 27. Redisposition of Reposed Item/Article.
Acquired item/article that has been repossessed through
cancellation of award or sale shall be redisposed in accordance with
the same herein procedures;
Section 28. Negotiated or Private Sale. Negotiated or
private sale of item/article shall be resorted to as a consequence of
failed public bidding for two (2) consecutive times subject to the
approval of the Secretary of Department of Agriculture;
Section 29. Restrictions. All restrictions imposed by law,
rules and agreements on the disposition of fishery items/articles in
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Part VII
LIST OF ANNEXES:
A. Annex 1: Fisheries Administrative Order
No. 200 series of 2000
B. Annex 2: Fisheries Administrative Order
No. 206 series of 2001
C. Annex 3: Fisheries Administrative Order
No. 204 series of 2000
D. Annex 4: Sample Affidavit of Apprehending
Officer
E. Annex 5: Sample Affidavit of Witness
F. Annex 6: Judicial Affidavit Rule
G. Annex 7: Fisheries Administrative Order
No. 195 series of 1999
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ANNEX 1: FAO No. 200, series of 2000
Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Elliptical Road, Diliman, Quezon City
FISHERIES ADMINISTRATIVE)
ORDER NO. 200 :
Series of 2000)
SUBJECT: Guidelines and Procedures in Implementing Section 87 of
the Philippine Fisheries Code of 1998
Pursuant to Section 87 of RA 8550 otherwise known as the Fisheries Code
of 1998 and Section 87.1 of the Department of Agriculture Administrative
Order No. 3 Series of 1998, providing for its Implementing Rules and
Regulations and in order to effectively implement the provisions of the said
section, the following guidelines and procedures are hereby promulgated:
SECTION 1. Definition of Terms. – As used in this order, the following
terms shall mean:
(a) Poaching – means fishing or operating any fishing boat/vessel in
Philippine waters, committed by any foreign person, corporation, or
entity, provided that this does not include foreigners engaged in
leisure or game fishing as may be defined by the Department
pursuant to Section 86.1 of DAO No. 3, Series of 1998;
(b) Prima facie evidence – means one which establishes a fact and unless
rebutted or explained by the evidence becomes conclusive and is to
be considered as if fully proved;
(c) Philippine territorial waters – all waters from the baselines to the
outerlimits described in the Treaty of Paris of 10 December 1898, the
treaty concluded at Washington, D.C. between the United States and
Spain on 7 November 1900, the agreement between the United States
209
and the United Kingdom of 2 January 1930, and the Convention of 6
July 1932 between the United States and Great Britain; and described
in the Republic Act No. 3046 (as amended);
(d) Exclusive Economic Zone or EEZ – an area beyond and adjacent to
the territorial sea which shall not extend beyond 200 nautical miles
from the baselines as defined under existing laws;
(e) Internal waters – all waters around, between and connecting different
islands belonging to the Philippine Archipelago, irrespective of their
width or dimension, are necessary appurtenances of its land territory,
forming an integral part of the national or inland waters, subject to
the exclusive sovereignty of the Philippines;
(f) Foreign fishing boat/vessel (FFV) –a fishing boat/vessel not duly
licensed with the Philippine government.
SECTION 2. Prohibition. – It shall be unlawful for any foreign person,
corporation or entity to fish or operate any fishing boat/vessel in Philippine
waters.
SECTION 3. Prima facie Evidence of Poaching. – The entry of any foreign
fishing boat/vessel in the Philippine waters shall constitute a prima facie
evidence that the boat/vessel is engaged in poaching in Philippine waters
under the following circumstances:
(a) Entry of an FFV into Philippine waters under the following
circumstances:
(i) Navigating with its fishing gear deployed and/or not stowed;
(ii) Navigating with an irregular track or route;
(iii) Navigating through Philippine territorial waters without prior
notice to, clearance of, or permission from the appropriate
Philippine authority;
(iv) Navigating in a manner that does not qualify as innocent
passage nor navigating outside traditional routes or in identified
fishing grounds;
(v) Navigating without flying its national flag.
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(b) When an FFV is found within Philippine waters:
(i) Under the circumstances enumerated in the previous paragraph;
(ii) Lying-to or anchoring without any valid reasons or circumstances
that may indicate the existence of force majeure, distress, or for the
purpose of rendering assistance to persons, ships or any sea craft that is
endangered or in distress;
(iii) Lying-to, anchoring at, or anchoring near to or within known
fishing grounds or marine protected areas.
(c) When an FFV, after having been inspected within Philippine waters,
in accordance with the procedures set forth in this FAO, is found to
contain freshly caught fish on deck or in storage, corals, mollusks.
SECTION 4. Reports by Philippine Commercial Fishing Boat/vessels or
Municipal Fishers. – When an FFV has been reported by any person to be
suspected of poaching in Philippine waters, any of the persons authorized
to enforce this Order shall immediately take action to pursue and conduct
an inspection of the FFV in question, to determine whether it is in fact
engaged in poaching.
SECTION 5. Persons Authorized to Enforce this Order. – The following
are authorized to enforce the provisions of this Order:
(a) Law enforcement officers of the Bureau of Fisheries and Aquatic
Resources
(b) The Philippine Navy
(c) The Philippine Coast Guard
(d) The Philippine National Police Maritime Group
(e) Law enforcement officers of the local government units
(f) Duly deputized Fish Wardens of the Bureau of Fisheries and Aquatic
Resources
The Secretary may deputize through the Bureau of Fisheries and Aquatic
Resources other competent government officials and employees, the
Punong Barangays of all coastal provinces, cities, municipalities, and
barangays; officers and members of the fishermen’s associations who have
undergone training on law enforcement by BFAR as Fish Wardens to
enforce the provisions of this order, as well as all other existing and related
211
fishery laws, rules and regulations.
SECTION 7. Inspection and Apprehension Procedure. – The following
constitute inspection and apprehension procedures:
(a) Upon receipt of a report that an FFV is engaged in poaching, or
upon the sighting of an FFV under any of the circumstances
enumerated under Section 1(a) and 1(b), the officer/s or person/s
authorized to enforce this Order shall establish the violation, exact
location with coordinates of the FFV and its distance: from the
nearest shore, nature of and/or cause of apprehension, weather
condition at the time of sighting or apprehension, and the
description/condition of the FFV with appropriate identifying
features and marks during sighting and apprehension. Where
practicable, photographs of the FFV should be taken.
(b) The FFV shall be approached to within a safe distance to the
leeward side of the ship, and given visible or audible signals for the
boat/vessel to stop.
(c) Once the FFV has stopped, the officer or person authorized to
enforce this Order shall clearly identify himself and the unit or
organization to which he belongs. He shall state clearly that he
wishes to conduct an inspection of the FFV on the ground that he
has reason to suspect that the FFV may be engaged in poaching,
and therefore committing a violation of Philippine law.
(d) Upon boarding the FFV, the master of the boat/vessel shall be asked
to stop its operations and drop anchor, the captain and crew shall be
identified. As far as practicable, the state of the fishing gear at the
time of boarding, any visible catch that may be on deck, and other
conditions on board the FFV which indicate that it is poaching,
shall be recorded. The position of the FFV shall be plotted on a map
indicating its location. A technician or engineer from the
apprehending boat/vessel should ascertain and record the status of
the engine of the apprehended boat/vessel. The status of all
navigational and other instruments in the boat/vessel, whether it is
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working and operational at the time of apprehension, should be
indicated as detailed as possible.
(e) The boarding officer should read to the arrested persons his/her
rights under the Philippine Constitution in English, or in the
common language or dialect of the arrested person, if possible.
(f) The master of the boat/vessel shall be required to sign and conform
with the plotted position of the FFV and be informed of the
violation committed.
(g) The registration papers, logbook and navigational chart of the FFV,
the Seaman’s Book and other documents should be confiscated as
evidence, to enable the proper authorities to establish the sailing
experience of the apprehended person, and for review by the same
appropriate Philippine authorities (PN, PCG, PNP/MARIG, etc.)
(h) In the absence of such documents, the apprehending officer should
inquire from the master of the FFV of his years of sailing
experience, and which should be duly indicated in an Investigation
and Apprehension Report.
(i) The apprehending agency shall take custody of the evidence until
turned over to the concerned government agency or inter-agency
committee for its proper disposition.
(j) The captain of the FFV shall bring the boat/vessel or towed by the
apprehending boat/vessel to the nearest port.
(k) A more thorough inspection of the boat/vessel shall be conducted as
soon as the FFV has docked at port. An Investigation and
Apprehension Report shall be prepared and sent to the Department
of Agriculture and the Bureau of Fisheries Head office copy
furnished the National Committee on Illegal Entrants of the
Department of Foreign Affairs, and the Bureau of Immigration.
(l) The fishing gear found on the FFV shall be impounded. Any fish
found on the boat/vessel shall be confiscated, photographed, the
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species, numbers, and volume duly recorded as if the same were
duly landed by a domestic fishing boat/vessel, and thereafter
donated to charitable and penal institutions within the vicinity
where the violation was committed provided that the Directors
thereof execute a promissory note of their willingness to pay the
face value of the catch if the accused are acquitted from the charge.
The FFV subject of the offense shall be examined thoroughly by
BFAR assessing its efficiency and effectiveness in catching fish
before auctioning the same, the proceeds of which shall be
submitted automatically to the National Treasury in accordance to
PD 1177.
(m) The apprehending authorities shall turn over the arrested illegal
entrants to the police or military authorities in his/her jurisdiction
for the temporary detention; the National, Regional or Provincial
Committee on Illegal Entrants; or to the Bureau of Immigration to
be dealt with in accordance to applicable immigration laws.
SECTION 8. Submission of Reports. – Persons duly authorized to enforce
this Order shall submit a report of accomplishments to their respective
agencies concerned, copies furnished to the nearest office of the Bureau of
Fisheries and Aquatic Resources.
SECTION 9. Penalties. – Violation of Sections 2 & 3 of this Order shall
subject the offender to prosecution and upon conviction shall be punished
by a fine of not exceeding US$100,000.00 and confiscation of its catch,
fishing paraphernalia and boat/vessel. Provided, That the Secretary of
Agriculture upon the recommendation of the Director of the Bureau of
Fisheries and Aquatic Resources is empowered to impose an additional
administrative fine of not less than US$50,000.00 but not more than
US$200,000.00 or its equivalent in Philippine currency.
SECTION 10. Effectivity. - This Order shall take effect fifteen (15) days
after its publication in the Official Gazette and/or in two newspapers of
general circulation.
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(SIGNED)
EDGARDO J. ANGARA
Secretary
Recommended by:
(SIGNED) (SIGNED)
CESAR M. DRILON, JR. MALCOLM I.
SARMIENTO, JR.
Undersecretary for Fisheries and
Livestock,
Director, Bureau of
Fisheries
Chairman, NFARMC & Aquatic Resources
Published: August 21, 2000
The Manila Standard & The Manila Times
Effectivity starts: September 6, 2000
215
Annex 2: Fisheries Administrative Order No. 206 Series of 2001
Republic of the Philippines
Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
860 Quezon Avenue, Quezon City
FISHERIES ADMINISTRATIVE)
ORDER NO. 206 :
Series of 2001 . . . . . . . . . . )
SUBJECT: Disposal of confiscated fish and other items in fishing
through explosives and noxious or poisonous substances
Pursuant to Section 88 of R.A. No. 8550, this order on the disposal of fish
and other items impounded in the case of blast fishing and fishing by means
of noxious substances is hereby issued for the information and guidance of
all concerned.
SECTION 1. On blast fishing cases. –
a) Whenever the Director of Fisheries and Aquatic Resources, a fish
warden deputized by the Department of Agriculture/Bureau of
Fisheries and Aquatic Resources (BFAR) or a BFAR Law
Enforcement Officer seizes without warrant fish suspected to have
been caught by means of explosives in a fishing boat/boat/vessel,
marketplace or elsewhere, he shall take adequate samples thereof,
which shall immediately be examined for determination whether or
not the same have been caught by means of explosives. Pending the
result of the examination, the fish shall not be allowed to be
unloaded from the boat/boat/vessel or sold if in the marketplace.
b) Samples taken for examination shall at least be 100 grams in
weight. The ideal number of fish samples is three to five (3-5)
pieces for big-sized fish or ten to twenty (10-20) pieces for small
fish or fingerlings. These should be frozen or packed in ice then
submitted to the nearest Fish Examiner specially trained to examine
216
fish caught by explosives or to any municipal health offices or
crime/hospital laboratory for examination.
c) If the examination shows that the fish sample is positive for blast
fishing, the same shall be preserved for evidence. The samples shall
be preserved in formalin solution using 37% concentration of
commercial formalin. The solution shall be prepared by mixing 3%
of said formalin with 7% water. A higher formalin concentration
will change the above ratio to come up with a 10% preservative
solution. The preserved samples shall be properly labeled and the
species identified in its scientific, English and local names,
whenever and whichever applicable. The captain or in-charge of the
boat/boat/vessel, or vendor or possessor of the fish if in the
marketplace or elsewhere shall be required to countersign the
labeled evidence. In case of refusal, an affidavit to this effect shall
be prepared by the apprehending officer, attested by two witnesses.
SEC. 2. On fish caught by means of noxious substances. –
a) Fish caught by means of noxious substances like sodium cyanide
exhibit no outward manifestation to that effect visible to the naked
eye. Upon seizure without warrant, at least 100 grams of fish, either
three to five pieces in case of big-sized fish or ten to twenty small-
sized fish or fingerlings shall be taken as samples. Water sample of
about one liter may likewise be collected from the scene of the
offense, which sample should reach the laboratory within four (4)
hours from collection. Fish samples must be packed in polyethylene
plastic, either frozen or placed in a closed container or bottle with
proportionate ratio of ice. In the absence of ice, ethyl alcohol or
absolute alcohol may be used. Formalin must not be used at this
stage. The internal organs of the fish samples must never be
removed. The samples must be brought to the BFAR Laboratory or
any government crime/hospital laboratory for examination the
soonest possible time.
b) If positive for cyanide or other noxious substances, the samples may
be preserved in formalin and labeled, in the manner indicated in
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Section 1(c). It is not advisable that the same or any part or portion
thereof be distributed to charitable and penal institutions as the safety
of those who will consume the same cannot be assured, and in most
cases, fish laced with cyanide is proven to be injurious to humans and
animals alike. Those still briskly alive shall be returned to their habitat
and those in worse condition shall be disposed of properly. The
disposal shall be done by the apprehending officer in the presence of
a third-ranking BFAR official, and representatives from the Office of
the Prosecutor (Department of Justice) or the Philippine National
Police (PNP), and shall be documented properly.
SEC. 3. Disposition of illegally-caught fish and items seized. -
a) If the examination shows that the samples were caught by blast fishing,
the apprehending officer shall confiscate the fish haul for distribution
to charitable institutions. Those willing to accept the dynamited fish
still safe to eat shall execute promissory notes of their willingness to
return the value of the fish in case of acquittal of the accused in court.
In case such charitable institutions demur, the same may be given to
penal institutions instead, with the same promissory note of repayment
in case of acquittal of the accused.
b) Fish caught by means of blast fishing no longer fit for human
consumption shall be disposed of properly by observing the process
outlined in Section 2 (b), so as not to contaminate the environment nor
pose any danger to humans and animals alike.
c) In all the two major fishing violations, the apprehending officer shall
likewise immediately seize, impound and take possession of the
fishing boat/vessel, tackle and appurtenances thereto, as well as the
explosives, noxious or poisonous substances, or and other tools and
the proceeds of the offense. He shall prepare an inventory of the items
seized and issue a receipt to be countersigned by the captain, master or
incharge of the boat/boat/vessel. Should the latter refuse, this fact shall
be manifested in an affidavit attested by two witnesses. The seized
items, documents and fish samples shall be kept in safe custody by the
218
apprehending officer prior to being turned over to the investigating
prosecutor or the PNP Prosecutor. Copy of the registration papers and
pertinent boat/vessel licenses, its make and description, other relevant
information and a photograph thereof shall be taken prior to its being
ceded to the PNP-Maritime Group (MARIG) for the latter’s
safekeeping during the course of the trial, pursuant to the
Memorandum of Agreement of the National Law Enforcement
Coordinating Committee (NALECC).
SEC. 4. Application. – Reference to the provisions of this Order may be
resorted to by fish wardens deputized by the local governments and by
other law enforcement officers, in the absence of an ordinance or rule
covering the subject matter. It may be applied as well, in the disposition of
confiscated fish and impounded items in cases of other fishery law
violations, Provided that, local governments may enact an ordinance
providing a different mode of disposition of fish catch and the boat/vessel
seized, Provided further, that the same is within constitutional and legal
bounds.
SEC. 5. Repeal. – Circular 130, all orders, rules or regulations or parts
thereof, which are inconsistent with this Order are hereby repealed or
modified accordingly.
SEC. 6. Effectivity. – This order shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in two (2) newspapers of general
circulation and fifteen (15) days after its registration with the Office of the
National Administrative Register.
ISSUED this 17th day of May, 2001 at Quezon City, Metropolitan Manila,
Philippines.
219
(SIGNED)
LEONARDO Q. MONTEMAYOR
Secretary
Recommended by:
(SIGNED) (SIGNED)
CESAR M. DRILON, JR. MALCOLM I.
SARMIENTO, JR.
Undersecretary for Fisheries and
Livestock,
Director, Bureau of
Fisheries
Chairman, NFARMC & Aquatic Resources
220
Annex 3: Fisheries Administrative Order No. 204 series of 2000
Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Elliptical Road, Diliman, Quezon City
FISHERIES ADMINISTRATIVE)
ORDER NO. 204 :
Series of 2000 . . . . . . . . . . . . . .)
SUBJECT: Restricting the use of superlights in fishing
Pursuant to Sections 44 and 93 of R.A. No. 8550, this order restricting the
use of superlights in fishing in Philippine waters is hereby issued for the
information, guidance and compliance of all concerned.
SECTION 1. Definition. – “Superlight,” also called “magic light,” is a
type of strong light using halogen or metal halide either submerged or
located above the sea surface, consisting of a ballast, regulator, electric
cable and socket, the power of which comes from a generator, battery,
dynamo or the main engine of the boat/boat/vessel.
SEC. 2. Prohibition. – It shall be unlawful to operate municipal and
commercial fishing boat/boat/vessels using superlights while
fishing/operating in municipal waters, or for commercial fishing
boat/boat/vessels to fish/operate beyond municipal waters using the same
in excess of the herein prescribed wattage:
a. Small-scale commercial fishing boat/boat/vessels (3.1 to 20 GT) . . . . .
. . . . . . . . . . 20 KW per boat/vessel
221
b. Medium-scale commercial fishing boat/boat/vessels (20.1 to 150 GT). .
. . . . . . . . . 36 KW per boat/vessel
c. Large-scale commercial fishing boat/boat/vessels (more than 150 GT) .
. . . . . . . . . 40 KW per boat/vessel
Provided, That a gratuitous permit to use superlights in fishing within
municipal waters may be issued by the Local Chief Executive in
consultation with its FARMC to any government or private research and
educational institution for research, experimental, educational and
scientific purposes, and by the Director of the Bureau of Fisheries and
Aquatic Resources (BFAR) in consultation with the NFARMC in areas
beyond municipal waters both of which shall be subject to such terms and
conditions as the said Local Chief Executive or the BFAR Director
respectively may deem wise to impose.
SEC. 3. Penalty. – Violation of this order shall hold the offender liable to
the penalty of imprisonment from six (6) months to two (2) years or a fine
of five thousand pesos (P5,000.00) per superlight, or both such fine and
imprisonment in the discretion of the court, without prejudice to the
confiscation of the superlight used, fishing boat/vessel and the gear.
SEC. 4. Repeal. – All orders, rules and regulations or parts thereof which
are inconsistent with this order are hereby deemed repealed or modified
accordingly.
SEC. 5. Effectivity. – This order shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in two (2) newspapers of general
circulation.
222
ISSUED this 14th day of August, 2000 at Quezon City, Metropolitan
Manila, Philippines.
(SIGNED)
EDGARDO J.ANGARA
Secretary
Recommended by:
(SIGNED) (SIGNED)
CESAR M. DRILON, JR. MALCOLM I.
SARMIENTO, JR.
Undersecretary for Fisheries and
Livestock,
Director, Bureau of
Fisheries
Chairman, NFARMC & Aquatic Resources
Publication: August 21, 2000
The Manila Standard & The Manila times
Effectivity starts: September 6, 2000
223
Annex 4: SAMPLE AFFIDAVIT OF APPREHENDING OFFICER
COMPLAINT AFFIDAVIT
(In Compliance with Rule 16 (g) Rules of Procedure for Environmental
Cases, A.M. No. 09-6-8-SC and 12-8-8-SC on the Judicial Affidavit Rule)
I, JERRY W. BROWN, of legal age and with office address at BFAR
Central Office, 3rd Floor, PCA Bldg, Elliptical Road, Diliman, Quezon
City, after having duly sworn in accordance with law, depose and state:
PRELIMINARY STATEMENT
The person examining me is Atty. ___________________ with address at
___________________. The examination is being held at the same
address. I am answering his questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
PURPOSE: I am executing this Affidavit for the purpose of filing a
complaint against Budoy Cabaro, resident of Brgy. Poblacion, Masbate,
for violation of Sec. 88 of RA 8550 and to prove that on or about 6:30 am,
January 23, 2012, while our team, Quick Reaction Team of the Bureau of
Fisheries and Aquatic Resources (BFAR) was conducting a fish
examination at the fish port of Dalahican, Lucena City, we caught Budoy
Cabaro in the act of dealing in, selling, for profit fish caught by means of
explosives as examined by our Fish Examiner Andie Makisig, contrary to
law;
That, I am also executing this Affidavit in the form of questions and
answers in compliance with Rule 16 (g) Rules of Procedure for
Environmental Cases, A.M. No. 09-6-8-SC, as follows:
224
1. Q: Please state your name, age, address and other personal
circumstances.
A: I am Jerry W. Brown, Team Leader of the Quick Reaction
Team of the Bureau of Fisheries and Aquatic Resources (BFAR),
Central Office, 3rd Floor, PCA Bldg, Elliptical Road, Diliman,
Quezon City Q: What is your position in the Bur?
2. Q: As (state position) what are your duties and
responsibilities?
A: I am (state position) (in stating duties and responsibilities,
arresting officer may enumerate first the routine day to day
activities (office) and then the duties related to investigation,
surveillance and conduct of raids and arrest, including when their
office decides to conduct raids, i.e. is it pursuant to complaints or
reports received or pursuant to mission orders).
3. Q: How long have you been in that position?
A: (state number of years or months, whichever is applicable)
4. Q: On January 23, 2012, were you working?
A: Yes, sir, I was.
5. Q: What was your assignment on that day?
A: I was assigned in Dalahican Fish Port together with the Quick
Response Team to conduct a fish examination;
6. Q: Who assigned you to conduct fish examination in that area?
A: The Director of Fisheries assigned us and issued us Mission
Order to conduct fishery law enforcement in that area.
7. Q: Can you show us your Mission Order that you are referring
to?
A: This is the Mission Order, attached in this Affidavit as Annex
“A” to be marked during the trial.
225
8. Q: And, how did you conduct your fish examination on that
day?
A: We examined the styrofoams of fish being sold in the Fish Port
in accordance with standard procedure. We asked who the owner
of the eight Styrofoam boxes was before conducting the actual
inspection.
9. Q: What happened during your examination? Tell us, if any.
A: We first examined the 8 styrofoams.
10. Q: Where you able to identify the owner of said Styrofoam
boxes of fish?
A: Yes, Sir. A person came to us and introduce to us that he is this
person who owns the 8 boxes of fish.
11. Q: After introducing himself as the owner of the fish, what
happened next?
A: Mr. Andie Makisig who is the chief examiner of the Bureau of
Fisheries and Aquatic Resources conducted the scientific
examination on the samples taken from the said 8 styrofoams.
12. Q: What was the result of the scientific examination?
A: The result of the fish examination indicated that all the fish
samples from the eight (8) Styrofoam boxes of fish were positively
caught with the use of explosives.
13. Q: Upon learning that the fish were caught using explosives,
what did you do?
A: We informed Budoy Cabaro that he violated Section 88 of RA 8550
and for that reason we will have to arrest him. We also informed him
of his constitutional rights to be silent, that everything he says can be
used against him in the court of law, that he has the right to counsel of
his own choice, that if he can’t afford one the government will provide
226
him with one, and that we told him that we were explaining these
things to him because these are his rights under the constitution.
14. Q: What did you do next?
A: We proceeded to seize the said eight (8) Styrofoam boxes of
fish and issued corresponding receipt for Budoy Cabaro. Copy of
said receipt is herein attached and marked as Annex B.
15. Q: After issuing said receipts what did you do next?
A: We turned over Budoy Cabaro to the PNP Station for
safekeeping while preparing the necessary documents for inquest
proceeding.
16. Q: What did you do with the seized fish?
A: We distributed them in the Provincial Jail.
17. Q: Do you have proof that those seized fish were distributed to
the Provincial Jail?
A: Yes, we furnished the jail with Notice of Disposal, herein
attached as Annex “C”
18. Q: Do you have anything more to state?
A: I am willing to testify in court to prove the allegations I stated
herein for the prosecution of the case to be filed against Budoy
Cabaro for illegal fishing arising from this incident.
19. Q: Are you willing to affix your signature to attest to the truth
of the foregoing statements composed of two pages, including
the page upon which your signature appears?
A: Yes.
227
IN WITNESS whereof, I have hereunto signed my name this
___________________, in _______________________.
JERRY W. BROWN
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for _________(City/Province)____________ this ____th day
of ____________ 20___. Affiant personally came and appeared with
_____________(Competent Evidence of Identity)______ issued by the
_________(Government Agency)______ on ___(date)__ at
________(place)_________, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
Notary Public
Doc. No. ____ Commission Serial No. ______________
Page No. ____ Notary Public for _____(Province/City)_
Book No. ____ Until December 31, 20__
Series of 20__ Office: _____(address)______________
Roll No. __________
IBP No. _____; __/__/__ ; (Province)___
PTR No. ____ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No._; __/__/__
228
I, ___________________, of legal age, Filipino, with postal address
______________________ after being duly sworn depose and say:
1. I was the one who conducted the examination of witness
___________________ at my aforementioned office in
___________________;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. I or any other person then present or assisting him, did not
coach the witness regarding his answers.
IN WITNESS WHEREOF, I have hereunto set my hand this
____ day of ____ 2013 at ___________.
ATTY. ____________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for _________(City/Province)____________ this ____th day
of ____________ 20___. Affiant personally came and appeared with
_____________(Competent Evidence of Identity)______ issued by the
_________(Government Agency)______ on ___(date)__ at
________(place)_________, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument
229
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
Atty. _____________________________
Notary Public
Doc. No. ____ Commission Serial No. ______________
Page No. ____ Notary Public for _____(Province/City)_
Book No. ____ Until December 31, 20__
Series of 20__ Office: _____(address)______________
Roll No. __________
IBP No. _____; __/__/__ ; (Province)___
PTR No. ____ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No._; __/__/__
230
Annex 5: SAMPLE AFFIDAVIT OF WITNESS
COMPLAINT AFFIDAVIT
(In Compliance with Rule 16 (g) Rules of Procedure for Environmental
Cases, A.M. No. 09-6-8-SC and A.M. 12-8-8-SC on the Judicial Affidavit
Rule)
I, HAZEL NAT, of legal age and with office address at BFAR Central
Office, 3rd Floor, PCA Bldg, Elliptical Road, Diliman, Quezon City, after
having been duly sworn in accordance with law, depose and state:
PRELIMINARY STATEMENT
The person examining me is Atty. ___________________ with address at
___________________. The examination is being held at the same
address. I am answering his questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
PURPOSE: I am executing this Affidavit for the purpose of filing a
complaint against Budoy Cabaro, resident of Brgy. Poblacion, Masbate,
for violation of Sec. 88 of RA 8550 and to prove that on or about 6:30 am,
January 23, 2012, while our team, Quick Reaction Team of the Bureau of
Fisheries and Aquatic Resources (BFAR) was conducting fish examination
at the fish port of Dalahican, Lucena City, we caught Budoy Cabaro in the
act of dealing in, selling, for profit, fish caught by means of explosives as
examined by our Fish Examiner Andie Makisig, contrary to law.
231
That, I am also executing this Affidavit in the form of questions and
answers in compliance with Rule 16 (g) Rules of Procedure for
Environmental Cases, A.M. No. 09-6-8-SC, as follows:
20. Q: Please state your name, age, address and other personal
circumstances.
A: I am Hazel Nat Asst. Team Leader of the Quick Reaction Team
(QRT) of the Bureau of Fisheries and Aquatic Resources (BFAR),
Central Office, 3rd Floor, PCA Bldg, Elliptical Road, Diliman,
Quezon City Q: What is your position in the Bur?
21. Q: As (state position) what are your duties and
responsibilities?
A: I am (state position) (in stating duties and responsibilities,
arresting officer may enumerate first the routine day to day
activities (office) and then the duties related to investigation,
surveillance and conduct of raids and arrest, including when their
office decides to conduct raids, i.e. is it pursuant to complaints or
reports received or pursuant to mission orders).
22. Q: How long have you been in that position?
A: (state number of years or months, whichever is applicable)
23. Q: On January 23, 2012, was there anything that happened?
A: Yes, sir. I received an instruction from Team Leader Jerry W.
Brown to proceed to Dalahican Fish Port, as the BFAR Quick
Reaction Team would have a Fishery Law Enforcement operation
there.
24. Q: What did you do, if any, upon receiving such instruction? A: I proceeded immediately to the said place.
25. Q: What happened, if any, upon arriving at the Dalahican
port?
232
A: I saw Team Leader (TL) Brown and the rest of the Quick
Reaction Team. I joined the group.
26. Q: What happened if any, after joining the group? A: TL Brown briefed us about the operation, instructed us about
our specific roles, related to us the surveillance he made earlier and
identified our target. Thereafter, he called to begin our operation.
27. Q: What happened next, if any? A: With TL Brown us our lead, we proceeded to a stall in front of
which, were Styrofoam boxes filled with fish.
28. Q: What happened next if any?
A: I heard TL Brown asking the people near said styro boxes who
the owner was of the said items.
29. Q: What happened next if any?
A: A certain man, who introduced himself as Budoy Cabaro, came
forward and said that he was the owner of the said styro boxes.
30. Q: After knowing the owner of the styroboxes, what did you
do if any?
A: I heard TL Brown introduced himself to Mr. Cabaro. I heard
him say that we were the BFAR QRT and that he was the team
leader. I also heard him saying that we were in the area conducting
fishery law enforcement operation.
31. Q:After the introduction, what else did TL Brown say?
A: I heard him say that we would conduct fish examination on the
8 styroboxes.
32. Q: What was the response of Mr. Cabaro?
A: He said yes.
33. Q: What happened next, if any?
A: I heard TL Brown called Mr. Andie Makisig, the fish examiner
of our team and instructed him to do fish examination.
233
34. Q: Can you describe how Mr. Makisig conducted the fish
examination?
A: Yes sir. Mr. Makisig took fish sample from each of the 8
styroboxes. Thereafter, he sliced open the fish and checked the
internal organs.
35. Q: What was the result of the examination? A: I heard Mr. Makisig say that the fish were positively caught
with the use of explosives.
36. Q: Upon learning that the fish were caught using explosives,
what happened next, if any? A: I heard TL Brown informing Budoy Cabaro that he violated
Section 126 of RA 8550, as amended, and for that reason, we
would have to arrest him. I also heard TL Brown informing Mr.
Cabaro of his constitutional rights to be silent, that everything he
says can be used against him in the court of law, that he has the
right to counsel of his own choice, that if he can’t afford one, the
government will provide him with one, and that TL Brown was
explaining to Mr. Cabaro these things because these are his rights
under the constitution.
37. Q: What happened next if any?
A: TL Brown instructed Bumble Bee, the documentor-evidence
person in our group, to inventory the fish, seize the eight (8)
Styrofoam boxes of fish and issue corresponding receipt for Budoy
Cabaro.
38. Q: Did Mr. Bee follow TL Brown?
A: Yes. Bumble Bee inventoried the fish, caused the hauling of the
8 styrofoam boxes to our vehicle, and issued the seizure receipt to
Mr. Cabaro.
39. Q: What did you do with Mr. Cabaro
234
A: We turned over Mr. Cabaro to the PNP Station for safekeeping
while preparing the necessary documents for inquest proceeding.
40. Q: What did you do with the seized fish?
A: We turned it over to the Lucena Provincial Jail.
41. Q: Do you have anything more to state?
A: I am willing to testify in court to prove the allegations I stated
herein for the prosecution of the case to be filed against Budoy
Cabaro for illegal fishing arising from this incident.
42. Q: Are you willing to affix your signature to attest to the truth
of the foregoing statements composed of _____ pages,
including the page upon which your signature appears?
A: Yes.
IN WITNESS whereof, I am hereunto signed my name this
___________________, in _______________________.
HAZEL NAT
Affiant
235
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for _________(City/Province)____________ this ____th day
of ____________ 20___. Affiant personally came and appeared with
_____________(Competent Evidence of Identity)______ issued by the
_________(Government Agency)______ on ___(date)__ at
________(place)_________, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
Notary Public
Doc. No. ____ Commission Serial No. ______________
Page No. ____ Notary Public for _____(Province/City)_
Book No. ____ Until December 31, 20__
Series of 20__ Office: _____(address)______________
Roll No. __________
IBP No. _____; __/__/__ ; (Province)___
PTR No. ____ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No._; __/__/__
236
I, ___________________, of legal age, Filipino, with postal
address ______________________ after being duly sworn depose and say:
4. I was the one who conducted the examination of witness
___________________ at my aforementioned office in
___________________;
5. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
6. I or any other person then present or assisting her, did not
coach the witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this
____ day of ____ 2013 at ___________.
ATTY. _____________________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for _________(City/Province)____________ this ____th day
of ____________ 20___. Affiant personally came and appeared with
_____________(Competent Evidence of Identity)______ issued by the
_________(Government Agency)______ on ___(date)__ at
________(place)_________, bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument
237
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
Atty. ____________________________
Notary Public
Doc. No. ____ Commission Serial No. ______________
Page No. ____ Notary Public for _____(Province/City)_
Book No. ____ Until December 31, 20__
Series of 20__ Office: _____(address)______________
Roll No. __________
IBP No. _____; __/__/__ ; (Province)___
PTR No. ____ ; __/__/__ ; _(Province)_
MCLE Compliance Cert. No._; __/__/__
238
Annex 6: Judicial Affidavit Rule
Republic of the Philippines
SUPREME COURT Manila
A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given
the huge volume of cases filed each year and the slow and cumbersome
adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the
fact that complainants simply give up coming to court after repeated
postponements;
Whereas, few foreign businessmen make long-term investments in the
Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the testimonies
of witnesses in cases under litigation, on February 21, 2012 the Supreme
Court approved for piloting by trial courts in Quezon City the compulsory
use of judicial affidavits in place of the direct testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing
by about two-thirds the time used for presenting the testimonies of
witnesses, thus speeding up the hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of
Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-
Committee on the Revision of the Rules on Civil Procedure, headed by
Associate Justice Roberto A. Abad, have recommended for adoption a
Judicial Affidavit Rule that will replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the recommendation;
239
NOW, THEREFORE, the Supreme Court En Banc hereby issues and
promulgates the following:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings,
and incidents requiring the reception of evidence before:
(1) The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims
cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District
Courts;
(3) The Sandiganbayan, the Court of Tax Appeals,
the Court of Appeals, and the Shari'a Appellate
Courts;
(4) The investigating officers and bodies authorized
by the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine
(IBP); and
(5) The special courts and quasi-judicial bodies,
whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as
their existing rules of procedure contravene the
provisions of this Rule.1
(b) For the purpose of brevity, the above courts, quasi-
judicial bodies, or investigating officers shall be
uniformly referred to here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct
testimonies. - (a) The parties shall file with the court and serve on the
adverse party, personally or by licensed courier service, not later than five
days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents, the following:
240
(1) The judicial affidavits of their witnesses,
which shall take the place of such witnesses'
direct testimonies; and
(2) The parties' docun1entary or object evidence, if
any, which shall be attached to the judicial
affidavits and marked as Exhibits A, B, C, and
so on in the case of the complainant or the
plaintiff, and as Exhibits 1, 2, 3, and so on in the
case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original
document or object evidence in his possession, he
may, after the same has been identified, marked as
exhibit, and authenticated, warrant in his judicial
affidavit that the copy or reproduction attached to such
affidavit is a faithful copy or reproduction of that
original. In addition, the party or witness shall bring
the original document or object evidence for
comparison during the preliminary conference with
the attached copy, reproduction, or pictures, failing
which the latter shall not be admitted.
This is without prejudice to the introduction of secondary evidence in place
of the original when allowed by existing rules.
Section 3. Contents of Judicial Affidavit. - A judicial affidavit shall be
prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:
(a) The name, age, residence or business address, and
occupation of the witness;
(b) The name and address of the lawyer who conducts or
supervises the examination of the witness and the
place where the examination is being held;
241
(c) A statement that the witness is answering the questions
asked of him, fully conscious that he does so under
oath, and that he may face criminal liability for false
testimony or perjury;
(d) Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(1) Show the circumstances under which the
witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are relevant
to the issues that the case presents; and
(3) Identify the attached documentary and object
evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by
law to administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall
contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness gave; and
(2) Neither he nor any other person then present
or assisting him coached the witness regarding the
latter's answers.
(b) A false attestation shall subject the lawyer mentioned
to disciplinary action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the
requested witness, who is neither the witness of the adverse party nor a
242
hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or other
things under his control available for copying, authentication, and eventual
production in court, the requesting party may avail himself of the issuance
of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules
of Court. The rules governing the issuance of a subpoena to the witness in
this case shall be the same as when taking his deposition except that the
taking of a judicial affidavit shal1 be understood to be ex parte.
Section 6. Offer of and objections to testimony in judicial affidavit. - The
party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify the
witness or to strike out his affidavit or any of the answers found in it on
ground of inadmissibility. The court shall promptly rule on the motion and,
if granted, shall cause the marking of any excluded answer by placing it in
brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132
of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The
adverse party shall have the right to cross-examine the witness on his
judicial affidavit and on the exhibits attached to the same. The party who
presents the witness may also examine him as on re-direct. In every case,
the court shall take active part in examining the witness to determine his
credibility as well as the truth of his testimony and to elicit the answers that
it needs for resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the
termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits, piece
by piece, in their chronological order, stating the purpose or purposes for
which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party
shall state the legal ground for his objection, if any, to
its admission, and the court shall immediately make
its ruling respecting that exhibit.
243
(c) Since the documentary or object exhibits form part of
the judicial affidavits that describe and authenticate
them, it is sufficient that such exhibits are simply cited
by their markings during the offers, the objections,
and the rulings, dispensing with the description of
each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall apply
to all criminal actions:
(1) Where the maximum of the imposable penalty
does not exceed six years;
(2) Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty
involved; or
(3) With respect to the civil aspect of the actions,
whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of
its witnesses not later than five days before the pre-
trial, serving copies if the same upon the accused. The
complainant or public prosecutor shall attach to the
affidavits such documentary or object evidence as he
may have, marking them as Exhibits A, B, C, and so
on. No further judicial affidavit, documentary, or
object evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after
receipt of the judicial affidavits of the prosecution, he
shall have the option to submit his judicial affidavit as
well as those of his witnesses to the court within ten
days from receipt of such affidavits and serve a copy
of each on the public and private prosecutor, including
his documentary and object evidence previously
marked as Exhibits 1, 2, 3, and so on. These affidavits
shall serve as direct testimonies of the accused and his
witnesses when they appear before the court to testify.
244
Section 10. Effect of non-compliance with the Judicial Affidavit Rule. - (a)
A party who fails to submit the required judicial affidavits and exhibits on
time shall be deemed to have waived their submission. The court may,
however, allow only once the late submission of the same provided, the
delay is for a valid reason, would not unduly prejudice the opposing party,
and the defaulting party pays a fine of not less than P 1,000.00 nor more
than P 5,000.00 at the discretion of the court.
(b) The court shall not consider the affidavit of any
witness who fails to appear at the scheduled hearing
of the case as required. Counsel who fails to appear
without valid cause despite notice shall be deemed to
have waived his client's right to confront by cross-
examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits
that do not conform to the content requirements of
Section 3 and the attestation requirement of Section 4
above. The court may, however, allow only once the
subsequent submission of the compliant replacement
affidavits before the hearing or trial provided the delay
is for a valid reason and would not unduly prejudice
the opposing party and provided further, that public or
private counsel responsible for their preparation and
submission pays a fine of not less than P 1,000.00 nor
more than P 5,000.00, at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. - The provisions
of the Rules of Court and the rules of procedure governing investigating
officers and bodies authorized by the Supreme Court to receive evidence
are repealed or modified insofar as these are inconsistent with the
provisions of this Rule.
The rules of procedure governing quasi-judicial bodies inconsistent
herewith are hereby disapproved.
Section 12. Effectivity. - This rule shall take effect on January 1, 2013
following its publication in two
245
newspapers of general circulation not later than September 15, 2012. It
shall also apply to existing cases.
Manila, September 4, 2012.
MARIA LOURDES P. A. SERENO Chief Justice
ANTONIO T. CARPIO Associate Justice
PRESBITERO J.
VELASCO, JR. Associate Justice
TERESITA J.
LEONARDO-DE
CASTRO Associate Justice
ARTURO D. BRION Associate Justice
DISODADO M.
PERLATA Associate Justice
LUCAS P. BERSAMIN Associate Justice
MARIANO C. DEL
CASTILLO Associate Justice
ROBERTO A. ABAD Associate Justice
MARTIN S.
VILLARAMA, JR. Associate Justice
JOSE P. PEREZ Associate Justice
JOSE C. MENDOZA Associate Justice
BIENVENIDO L. REYES Associate Justice
ESTELA M. PERLAS-BERNABE Associate Justice
246
Footnotes 1 By virtue of the Supreme Court's authority under
Section 5 (5), Article VIII, of the 1987 Constitution to
disapprove rules of procedure of special courts and
quasi-judicial bodies.
247
Annex 7
Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Elliptical Road, Diliman, Quezon City
FISHERIES ADMINISTRATIVE)
ORDER NO. 195 : September 20, 1999
Series of 1999 )
SUBJECT: Rules and Regulations Governing Importation of
Fresh/Chilled/Frozen and Fishery Aquatic Products
In line with the government’s intent of adopting a flexible policy towards
the attainment of food security; in response to the emerging trends in the
trade of fish and other aquatic products in domestic and international
markets; in recognition of the need to ensure food safety on imported fish
and fishery/aquatic products; and pursuant to Section 61 [c] and [d],
Sections 62, 67, and 100 of Republic Act 8550, otherwise known as the
Philippine Fisheries Code of 1998, the following rules and regulations
governing the importation of fresh/chilled/ frozen fish and fishery/aquatic
products are hereby promulgated:
SECTION 1. Definition of terms and phrases. - For purposes of this Order,
the following phrases and terms shall mean:
a) Accredited importer (AI) – refers to an institutional buyer, individual
or entity directly engaged in fishing and aquaculture and given the
privilege by the BFAR to import fresh/chilled/frozen fish and/or
fishery/aquatic products.
248
b) Accredited Laboratory/ies (AL) – the laboratory/ies in the
Philippines, aside from BFAR Laboratory, given authority by DTI-
Product Standards to analyze the adequate sample of imported
fishery product collected randomly by the technical personnel of
BFAR for chemical and microbiological examination and parasite
identification;
c) Application form to Import (AFI) – a document required by BFAR
to be filled up by the Accredited Importer indicating the purpose of
the importation, species or kind of fish, volume to be imported, and
country of origin.
d) BFAR – Bureau of Fisheries and Aquatic resources
e) Batch – refers to a quantity of fish and fishery/aquatic products
obtained under practically identical conditions.
f) Chilled fish – refers to fish and fishery/aquatic products which have
been subjected to a process where the product is cooled to a
temperature of melting ice, 0ºC (32ºF).
g) Consignment –refers to quantity of fish and fishery/aquatic products
bound for a customer in the country of destination and conveyed by
one means of transportation.
h) Country of Origin’s Accredited Laboratory (COAL) – the
laboratory/ies of the country of origin of the imported fresh/chilled/
frozen fish and fishery/aquatic products which issue Health
Certificates certifying that the said fish products have been
inspected, examined and certified as fit for human consumption.
i) Department – Department of Agriculture (DA)
j) DA Certification – issued by the Secretary of the Department of
Agriculture certifying the necessity of importing fish to ensure food
security, fish price stability and enhance fishery resource
conservation.
k) Director – refers to the Director of the Bureau of Fisheries &
Aquatic Resources.
249
l) Fish and fishery/aquatic products – includes not only finfish but
also mollusks, crustaceans, echinoderms, marine mammals, and all
other species of aquatic flora and fauna, and all other species of
aquatic flora and fauna, and all other products of aquatic living
resources in any form.
m) Food Safety – the assurance that the food is processed properly and
when consumed will not harm the consumers.
n) Food Security – refers to any plan, policy, or strategy aimed at
ensuring adequate supplies of appropriate food at affordable prices.
Food security may be achieved through self-sufficiency (i.e.,
ensuring adequate food supplies from domestic production and
importation), or through pure importation.
o) Fresh fish – refers to freshly caught fish, which has not undergone
any processing or preservation treatment.
p) Frozen fishery/aquatic products – fish/fishery/aquatic product which
have been subjected to a freezing process sufficient to reduce the
temperature to 18ºC (0ºF) to preserve its quality and to maintain said
product at this temperature.
q) Institutional Buyers – accredited entities or corporations importing
fish for final consumption or processing as food requirements for
accredited hotels and restaurants which would execute an
undertaking that they will not distribute the commodities to the wet
markets.
r) International Health Certificate – refers to a written guarantee
issued by an authorized or competent regulatory agency from the
country of origin, certifying that the fish and fishery/aquatic products
have been handled, processed and packed in hygienic manner and
does not contain microorganisms that may pose food safety hazard.
s) Packaging – refers to the procedure of protecting fish and fishery/
aquatic products by a wrapper, a container, or any other suitable
device.
250
t) Permit to import (PI) – a document issued by BFAR in response to
the application to import of an Accredited Importer (AI).
u) Private Sector – refers to consumer groups, importers, producers,
aquaculturists, fisherfolk and non-government organizations.
v) Processing – means with respect to fish or fishery products: the
handling, storing, preparing, heading, eviscerating, shucking,
changing into different market forms, manufacturing, preserving,
packing labeling, dockside unloading or holding.
w) Secretary – Secretary of the Department of Agriculture.
SEC. 2. Importation of fresh/chilled/frozen fish and fishery/aquatic
products. – The importation of fresh/chilled/frozen fish and fishery/aquatic
products shall be allowed when certified as necessary by the Secretary in
order to achieve food security taking into consideration public welfare and
safety, in consultation with the NFARMC; Provided, That the importation
of fresh/chilled/frozen fish and fishery/aquatic products for canning and
processing purposes including importation undertaken by institutional
buyers does not require such certification; Provided, Further, That all
importation satisfies the Permit to Import and Sanitary and Phytosanitary
(SPS) requirements as provided under Section 67 of Republic Act No.
8550, the Hazard Analysis and Critical Control Points (HACCP)
Standards, and as provided for under this Order.
The certification which shall be valid for ninety (90) days, would state the
volume of fish to be imported as recommended by the Director upon prior
consultation with the private sector as defined in this Order.
SEC. 3. Basis for the Issuance of Department of Agriculture Certification
of the Necessity to Import. – Pursuant to Section 61 of Republic Act No.
8550, the Secretary, in consultation with the NFARMC, prior to the
251
issuance of a certification on the necessity of the importation applied for,
shall determine, among others, the following:
a) The importation is necessary for food security.
b) There is serious injury or threat to domestic industry that produces
like or directly competitive products.
The Secretary and the NFARMC, as an aid in the decision-making process,
may inquire from the appropriate local government unit on the supply and
demand situation for fishery products as observed in their respective
localities.
SEC. 4. Filing of Application. – When a certification has been duly issued
by the Secretary under Section 3, an importer may file a duly accomplished
Application Form to Import (AFI) for importation of fresh/chilled/frozen
fish/fishery products with the Office of the Director, at least five (5) days
prior to its importation, and with a non-refundable application fee of One
Hundred and Fifty (P150.00) Pesos accompanied by the following
documents:
a) Proforma Invoice;
b) Articles of Incorporation and By-Laws duly approved by the
Securities and Exchange Commission
SEC. 5. Issuance of a Permit to Import. – A Permit to Import may be issued
by the Director or his duly authorized representative only after an
application thereof has been filed in accordance with the preceding Section
and the applicant has paid the Permit Fee of One Thousand Five Hundred
(P1,500.00) Pesos, and such other charges for administrative and technical
services rendered in connection with the importation. The indicated
252
amount covers the mandatory standard microbiological examination
conducted on all imported fish and fishery/aquatic products. A separate
charge for specialized laboratory examinations (for antibiotics trace,
mercury traces, etc.) may be imposed when such examinations are deemed
necessary. Charge incidental to importation of fish and fishery/aquatic
products shall be in accordance with FAO No. 187 series of 1993 and its
amendments.
SEC. 6. Duration of a Permit to Import. – A Permit to Import issued under
this Order shall expire thirty (30) days from the date of issuance. An
Unused Permit to Import shall be considered automatically cancelled.
SEC. 7. Transshipment Ports. – To facilitate monitoring of imported
fishery products, all imported fish destined for the wet markets shall be
coursed through the government fish ports of the Philippine Fisheries
Development Authority (PFDA); Provided, That the importation of
fresh/chilled/frozen fish and fishery/aquatic products for canning and
processing purposes, and importation by Institutional Buyers as defined in
this Order, does not require transshipment through the government fish
ports.
SEC. 8. Required Documents for Trading Imported Fish. – The
government fish port authorities shall require the following documents
from the accredited importer prior to the display of the imported
commodities for trading:
a) Bureau of Customs Entry Declaration
b) International Health Certificate
c) Sanitary and Phytosanitary (SPS) Certificate
d) Certificate of Origin
253
e) Bill of Lading
SEC. 9. Transshipment. – Fish unloaded by foreign vessels at accredited
transshipment ports which are no longer of exportable grade or can be
considered as non-exportable may only be sold to canneries and processing
plants after payment of custom duties and compliance with SPS
requirements as outlined in this Order.
SEC. 10. Requirements for the Importation of Fresh/Chilled/Frozen Fish
and Fishery Aquatic Products. – Fish and fishery/aquatic products to be
imported into the Philippines shall meet the following standard and
requirements:
a) International Health Certificate from the country of origin. Fish
and fishery/ aquatic products coming into the Philippines intended for
distribution and for further processing shall be certified by authorized or
competent regulatory agency from the country of origin. The International
Health Certificate shall be issued on the basis that the following
requirements have been met:
1. Fish and fishery/aquatic products meet the quality of fresh
fish prior to freezing shall be graded accordingly to size.
2. The fishery products must be handled and processed
hygienically in processing plants and/or freezer vessels.
3. Frozen fishery products must be kept and maintained at -
18ºC or lower during transport.
4. Fish and fishery/aquatic products must be subject to visual
inspection for parasite check. Fish infested with parasites,
must be removed from the batch.
254
The International Health Certificate shall be supported with the following
laboratory test results, which shall not exceed for the indicator organisms,
such as:
Total viable count - 5 x 105 per gram
E. coli - 10 to 100/gram
Salmonella - absent in 25 gram sample
Shigella - absent
Vibrio-cholerae - absent
The International Health Certificate shall accompany the consignment of
fish and fishery/aquatic products and shall be presented as part of the
documentation requirements upon arrival.
b) Special Health Control Requirements. Fish and fishery/aquatic
products covered by the following families: Scombridae (tuna and tuna-
like species and mackerel) and Clupeidae (sardines) shall be subject to
chemical analysis for histamine. Examinations shall be carried out in
accordance with internationally recognized methods. The results of the test
shall not exceed 20 mg./100 gm. and shall be included in the Health
Certificate requirement.
c) Packaging and labeling requirements. Fish and fishery/aquatic
products must be packed under hygienic condition to preclude
contamination from lubricants, oils, fuels or any hazardous substances.
Packaging materials shall not impair the sensory attributes of the fishery
products and shall not transmit harmful substances. Packaging materials
used for fresh fish held under ice should be provided with adequate
drainage for melted water.
255
The following information shall appear on the packaging and on the
accompanying documents.
- the country or origin written out in full
- species of fish/fishery products weights and content
- address of supplier
- BFAR Inspection stamp mark
Frozen fishery/aquatic products imported in bulk intended for further
processing are not covered by this requirement.
d) Storage and transport. Fish and fishery/aquatic products, during
storage and transport, shall be stored at temperature requirement for
specific products.
- chilled fresh fish and fishery products shall be stored and
maintained at 0 to 4ºC
- Frozen fishery products with the exception of frozen fish in
brine intended for canning shall be stored at -18ºC or below during
transport, allowing not more than 3 degrees upward fluctuation in
temperature.
SEC. 11. Inspection Requirements. – Upon arrival, imported
fresh/chilled/frozen fish and fishery/aquatic products shall be subject to the
following inspection requirements:
256
a) Documentation, Inspection/verification of accompanying
importation documents (original copy of Permit to Import, photocopies of
International Health Certificate from duly accredited laboratory and/or
Sanitary and Phytosanitary Clearance/ Certificate from the competent
authority of the country of origin, Airwaybill/Bill of Lading and invoice)
must be presented and surrendered to the inspecting Fishery Quarantine
Officer). In the absence of a certified true copy by the importer of the
International Health Certificate from the country of origin, the shipment
shall be committed to a storage facility for a period of not exceeding ten
(10) days to allow the importer to submit such documents. Failure to
comply within the specified period, the shipment shall be returned to the
country of origin, otherwise, forfeited in favor of the government for its
proper disposition. All expenses involving storage, return to origin and
disposition of the shipment shall be borne by the importer.
b) Physical examination. – Adequate sample of imported fishery
product for laboratory examination shall be collected randomly by
technical personnel of the Bureau for sensory/organoleptic examination.
Fresh, chilled, and frozen fish and fishery/aquatic products shall meet the
quality requirements based on organoleptic checks on the standards for
fresh/chilled/frozen fish and fishery/aquatic products. Each batch of
imported fishery products shall be subject to examination at the time of
landing. The local government unit shall be responsible for the
examination of fish and fishery products during distribution to markets and
outlets.
c) Microbiological analysis. – All imported fishery products shall be
subject to microbiological examination. After laboratory examination, if
imported products does not meet the required quality standard, the whole
shipment shall be committed to a storage facility while further laboratory
examination shall be conducted on random samples to technically
determine the quality of the products. If found unfit for human
consumption or does not meet the required standard, the said container
257
shall be returned to the country of origin. Fees and charges incidental to
examination and storage of imported products shall be chargeable to the
importer.
d) If upon inspection the imported fish or fishery/aquatic product
does not met the quality requirements prescribed by the Bureau, or
prohibited fish and fishery/ aquatic products are included in the
importation, the same shall be removed immediately, and in case of the
latter, confiscated, and the importer shall, in addition, be penalized in
accordance with the provisions of applicable laws, rules and regulations.
e) Issuance of Fishery Sanitary and Phytosanitary (SPS) Certificate
for the release of the imported fishery product.
f) Should any portion of the imported fish and fishery/aquatic
products intended for non-human consumption be sold, utilized, or
distributed for local human consumption, the importer shall be
permanently disqualified from applying for subsequent importation of fish
and fishery /aquatic products, and shall be penalized in accordance with
Section 12 of this Order, Provided, However, That the imported fish or
fishery/aquatic products shall be immediately confiscated and forfeited in
favor of the government.
g) Should any portion of the imported fish and fishery/aquatic
product intended for canning and processing plants and any portion of the
importation by institutional buyers be sold or diverted to the local wet
markets, the importer shall be permanently disqualified from applying for
subsequent importation of fish and fishery/aquatic products, and shall be
penalized in accordance with Section 12 of this Order: Provided, However,
That the imported fish or fishery/aquatic products shall be immediately
confiscated and forfeited in favor of the government.
258
SEC. 12. Penal Clause. – Violation of any provision of this Order shall
subject the offender to eight (8) years of imprisonment, a fine of Eighty
Thousand Pesos (P80,000.00), and forfeiture of the fishery/aquatic product
in favor of the Department for its proper disposition. Further, violator of
this Order shall be banned from being members or stockholders of
companies currently engaged in fisheries or companies to be created in the
future.
SEC. 13. Repealing Clause. – All existing Administrative Orders, rules
and regulations or parts thereof, which are inconsistent with the provisions
of this Order, are hereby repealed or modified accordingly.
SEC. 14. Separability Clause. – If any portion or provision of this Order is
declared unconstitutional or invalid, the other portion or portions thereof,
which are not affected thereby, shall continue in full force and effect.
SEC. 15. Effectivity. – This Order shall take effect fifteen (15) days after
its publication in the Official Gazette and/or in two (2) newspapers of
general circulation.
(Signed)
EDGARDO J. ANGARA Secretary
Recommended by:
(Signed)
259
MALCOLM I. SARMIENTO, JR. Director
Bureau of Fisheries and Aquatic resources
PUBLISHED:
1. PHILIPPINE DAILY STAR – OCTOBER 19, 1999
2. MANILA STANDARD – OCTOBER 9, 1999
EFFECTIVITY: OCTOBER 25, 1999
261
ACKNOWLEDGEMENT
Participants During 1st and 2nd National Consultative Workshop on Fishery Law Enforcement Manual of Operations
1st National Consultative Workshop on Fishery Law Enforcement Manual of
Operations Imperial Palace Suites, Quezon City
August 22-23, 2012
No. Name Office/Agency
1. Atty. Asis G. Perez BFAR-Central Office
2. Elizabeth B. Baun BFAR-Central Office
3. Marites M. Gomabon BFAR-Central Office
4. Nelson Panol BFAR-Central Office
5. Atty. Analiza A. Vitug BFAR-Central Office/FRQD
6. Agripino Lontok BFAR-LEQRT
7. Allan Urtal BFAR-LEQRT
8. Andres R. Menguito BFAR-LEQRT
9. Angelito Tabora BFAR-LEQRT
10. Carlito Santos BFAR-LEQRT
11. Christopher Baculi BFAR-LEQRT
12. Dr. Nilo S. Katada BFAR-LEQRT
13. Eduard H. Salomon BFAR-LEQRT
14. Relly B. Garcia BFAR-LEQRT
15. Elmer Araullo BFAR
16. Atty. Joel Arcihue BOC
17. Angelita P. Meniado CMRW PAWB
18. Bert M. Aguda DENR
19. Eduardo Abante Jr. DOJ
20. Lesa A. Acorda-Cuevas EMB DENR
21. Rodelio Patriarca HPN
22. Sixto O. Comia NBI
23. CMI Angelo Tampus PCG
24. LCDR Fe Santos PCG
25. Lt. Renato M. Ramos Jr. PCG
26. P/Ins. Mayette Mendoza PCG
262
27. LCDR Philip Lamug PN
28. Maj. Julius P. Agdeppa PN
29. Atty. Nepumoceno M. Corpuz Jr. PNP-MG
30. PSSupt. Genesis Tolejano PNP-MG
31. PSupt. Jason C. Cipriano PNP-MG
32. PP/Supt. Julius de Castro PPA
33. Efrelyn E. Calabano Tanggol Kalikasan
34. Atty. Ronelyn Sheen Tanggol Kalikasan
35. Glenn Forbes Tanggol Kalikasan
36. Jay S. Lim Tanggol Kalikasan
37. Ma. Carmen B. Salazar Tanggol Kalikasan
38. Marina Manuel Tanggol Kalikasan
39. Raymund Villalon Tanggol Kalikasan
40. Zenaida P. Bernal Tanggol Kalikasan-SL
41. Vida Gonzales US-DOI
263
2nd National Consultative Workshop on Fishery Law Enforcement Manual of Operations
Hotel Stotsenberg, Clark, Pampanga February 20-22, 2013
1. Director Asis G. Perez BFAR-CO
2. Allan Urtal BFAR-CO
3. Nelson Panol BFAR-CO
4. Mario Dalog BFAR-CO
5. Allen Sumaydeng BFAR-CO
6. Agripino P. Lontok BFAR-CO
7. RD Lilibeth Signey BFAR-CAR
8. Teresa Hidalgo BFAR-Region 1
9. Lorenzo Dela Cruz BFAR-Region 1
10. Cipriano R. Lim BFAR-Region 1
11. RD Jovita P. Ayson BFAR-Region 2
12. Rommel Adolf Diciano BFAR-Region 2
13. RD Remedios Ongtangco BFAR-Region 3
14. Nelson Bien BFAR-Region 3
15. Neil Kenneth Catibog BFAR-Region 3
16. Jefreden C. Salcieza BFAR-Region 3
17. Edwin Borromeo BFAR-Region 3
18. Ace Lawrence Artagane BFAR-Region 3
19. Adoracion S. Pitis BFAR-Region 3
20. RD Esmeralda Paz Manalang BFAR-Region 4A
21. Joel Gutierrez BFAR-Region 4A
22. Ben Curativo BFAR-Region 4A
23. RD Ruben Jardin BFAR-Region 4B
24. Marvin Rañada BFAR-Region 4B
25. Francisco Umbao BFAR-Region 5
26. Ariel U. Pioquinto BFAR-Region 5
27. May Guanco BFAR-Region 6
28. Renato Galan BFAR-Region 6
29. Atty. Rea Abigail Candido BFAR-Region 8
30. RD Ahadulla S. Sajili BFAR-Region 9
31. RD Visa Tan Dimerin BFAR-Region 10
32. Nieda Yacapin BFAR-Region 10
33. Franklin Abudiente BFAR-Region 10
34. RD Fatma Idris BFAR-Region 11
35. Jose Villanueva BFAR-Region 11
264
36. Abdelnasser Tarabasa BFAR-Region 12
37. Alma Dickson BFAR-NMFDC
38. Peirre Easter Velasco BFAR-NMFDC
39. Sandra Arcamo BFAR-FRMD
40. Mercedita Tan BFAR-FRMD
41. Atty. Michael S. Andayog BFAR-Legal
42. Atty. Kristine A. Tendencia BFAR-Legal
43. Andres Menguito BFAR-QRT
44. Dr. Nilo Katada BFAR-QRT
45. Relly Garcia BFAR-QRT
46. Christopher Baculi BFAR-QRT
47. Angelito Tabora BFAR-QRT
48. Rolly Q. Carpio BFAR-QRT
49. Victor V. Casimiro BFAR-QRT
50. Michelle Suva BFAR-IPRG
51. Kristine May Burbon BFAR-IPRG
52. Glaiza Hernandez BFAR-IPRG
53. Anna Leigh Villanueva BFAR-IPRG
54. Crisel Marcelo BFAR-IPRG
55. Oscar Cabanayan DENR-EMB CAR
56. Renato Cruz DENR-EMB CO
57. Angelita Meniado DENR-PAWB
58. Atty. Joseph Theodore Estrella DENR-EMB Region 1
59. Engr. Exuperio Lipayon DENR-EMB Region 3
60. Neomi Paranada DENR-EMB Region 4A
61. Rysa Deron DENR-EMB Region 4A
62. Rogelio Yadao DENR-EMB Region 4A
63. RD Roberto Sheen DENR-EMB Region 5
64. Nimfa Adolfo DENR-EMB Region 6
65. Dr. Sabdullah Abubakar DENR-EMB Region 10
66. Engr. Bolawa Sambarani DENR-EMB Region 12
67. Flordelino M. Rey NALECC-SCENR
68. Cdr. Hostillo Arturo Cornelio PCG
69. Capt. Eduard Fabricante PCG
70. Lt. Christopher Auro PCG
71. LCRD. Perlita Petinglay PCG
72. Lt. Noriel Ramos PCG
73. LTG. Rosendo Abinoja III PCG
74. Lt. Ferdinand Allan Abinoja PCG
265
75. LTJG. Jeffrey Collado PCG
76. Capt. Normando Reyes PCG
77. CDR. Arnold dela Cruz PCG
78. Lt. Jan Terazona PCG
79. Atty. Christine Bagaan Asis PCG-Legal
80. Atty. Fatima Aleli Angeles PCG-Legal
81. LCDR. Xerxes Fernandez PCG-MEPCOM
82. Commo. Joel S. Garcia PCG-MEPCOM
83. LTJG. Havelino Salih PCG-MEPCOM
84. Capt. Allen Toribio PCG-MEPCOM
85. CDR. Lazaro Ernesto Valdez PCG-MEPCOM
86. CDR. Ramon Reblora PCG-CV
87. Lt. Rolando Lorenzana PCG-NELZN
88. Capt. Danilo Enopia PCG-NM
89. Ens. Janine Tubera PCG-NWLZN
90. Atty. Marina Rabe-Manuel Tanggol-Kalikasan
91. Glenn Forbes Tanggol-Kalikasan
92. Atty. Ronelyn Bisquera-Sheen US-DOI/TK
93. Karen F. Laurito US-DOI/TK
94. Randy Vinluan US-AID
95. Atty. Robert Chan PNNI
96. Albert Vargas ECOFISH
97. Geronimo Silvestre ECOFISH
98. Bable Agnol DILG-CAR
99. Francis Vergara DILG-Region 1
100. Vincent dela Rosa DILG-Region 2
101. Atty. Myron Cunanan DILG-Region 3
102. Dino Lagos DILG-Region 4A
103 James Fadrilan DILG-Region 4B
104. Olivio Ramirez DILG-Region 5
105. Artemio Caneja DILG-Region 8
106. Francisco Jose DILG-Region 11
107. Pablo de Castro DILG-CO
108. ASP Gilmarie Fe Pacamarra DOJ Prosec. Central
109. Pedro Televallez OCP-Quezon City
110. DCP Magno Pablo Jr. OCP-Malabon
111. PP Angelito Lumabas OPP-Bataan
112. PP Jerry Cuento OPP-Tawi-Tawi
113. ARP Jorge Manaois Jr. ORP-Region 1
266
114. APA II Carlo Martin Adille ORP-Region 5
115. APA I Jennica Quilang ORP-Region 2
116. Sr. Asst. RP Josef Albert Comilang ORP-Region 4
117. Atty. Constantino Joson NBI-CALABARZON
118. Atty Jose Justo Yap NBI CELRO
119. RD Angelito Magno NBI CEMRO
120. Sp. Investigator Marvin Matamis NBI Central
121. Atty. Gideon Cauton NBI-IRO
122. Atty. Ricardo Diaz NBI-NEMRO
123. ARD. Mario Minor NBI-MIMAROPA
124. Atty. Roberton Lapuz NSC
125. Atty. Sarah Mejares PPA-Cebu
126. Atty. Tristan Armando Langkay PPA-Manila
127. Port Police Supt. Julio de Castro PPA-Head Office
128. PP/CI Dan Alano PPA-Manila
129. Ignacio Flores Jr. PPA-Manila
130. Rolando Rodulfo PPA-Head Office
131. Angievyn Aguas PPA-Head Office
132. Liberto dela Rosa PPA-Zamboanga
133. PSupt. Baltazar Rivera PNP-MG RMU 3
134. PSSupt. Joselito Temblor Nicodemus
PNP-MG RMU 4A
135. Acting Chief Ins. Alexander Blanco PNP-MG RMU 5
136. Police Sr. Ins. Ma. Lucelle Arca PNP-MG RMU 7
137. PSupt. Euphraim Banaga PNP-MG RMU 9
138. PSupt. Nepumuceno Magno Corpuz MG-Intel & Inves.
139. PSupt. Raul Gacutan MG-Legal
140. Fidel Villanueva BOC-San Fernando
141. Atty. Leonardo Peralta BOC-Batangas
142. Collector Danielo Gonzales BOC-Iloilo
143. Teresa Ponayo BOC-Subic
144. Bobby Balane BOC-MICP
145. Lt. Col. Marlon Alameda BOC-NAIA
146. Atty. Rogel C. Gatchalian BOC-POM
147. Atty. Tristan Tan BOC-POM
148. Commo. Levi Carane Phil. Navy-Naval Forces-Northern Luzon
149. Edward Lamug Phil. Navy-EO for Operations
267
150. Commo. Manuel Natalio Abinuman Phil. Navy-Naval Forces-Southern Luzon
151. Nilo Orlino BI-La Union
152. Winie Agustin BI-Clark
153. Gracelie Relador BI-Central
Republic of the Philippines Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES PCA Bldg., Elliptical Road, Diliman, Quezon City
Tel. No. (632)9299597 / Telefax No. (632)9298074 http://www.bfar.da.gov.ph
With support from: