FIELD GUIDE

ON

FISHERY LAW

ENFORCEMENT

2017

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.

4

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

6

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.

7

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.

8

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)

9

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.

12

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

13

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

14

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

70

OFFENSES ELEMENTS OF

THE OFFENSE

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.

71

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

72

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

THE OFFENSE

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.

74

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.

75

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

THE OFFENSE

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.

77

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

THE OFFENSE

ADMINISTRATIVE

LIABILITY

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

79

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.

80

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.

81

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

82

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.

83

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.

84

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

85

OFFENSES ELEMENTS OF

THE OFFENSE

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.

86

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

96

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

122

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,

125

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.

127

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.

130

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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LEGAL FORMS

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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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the name of the Republic of the Philippines should be observed and

respected.

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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

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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

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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

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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

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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

260

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: