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Enforcement Best Practices in Cortes
History
Before, out 63 cases, 60 were all dismissed only 3 prospered
In the year 2006 till present 100 percent of the cases filed prospered (all of them plead guilty)
Strength of Enforcement of LGU CortesEnforcers were oriented/trained
- Marine Ecology- CRM- Fishery laws ( National- RA 8550 &
Local – Municipal Ordinance- Boarding procedures- Handling of evidence
Created Municipal Enforcement Action Team (EO)
Created Municipal Enforcement Action Team (EO)
Provided all support on the enforcement- Patrol boats and other monitoring
equipments- Maintenance - Incentives to enforcers- Budget for court litigations- Insurance benefits/Philhealth
WeaknessesOrdinance enacted imposed lower penalty
Chain of Enforcement
Surveillance & Detection• We conducted sea-borne
patrol once a week only
• We have 3 hotline numbers ( Mayor, MAO and Me )
• Fishers are our intelligence ( cellphones )
Arrest
Boarding procedureHandling of evidence
For dynamite & dynamited Fish
Conduct fish examination/attached the examination report with pics
Send a letter request to the Fiscal for the examination of the Dynamite
Dynamite should be examine by the explosive department and attached the examination report to the case.
Prosecution
Major cases and third offenses will be filed in court ( National law – RTC, Municipal Ordinance – MCTC )
JudgmentAt present all of the violators were convicted
but they availed lower sanctions because they plead guilty
Top tips for enforcement:Select personnel you can trust in the
operationCommunication must be accessible anytimeOrient the group that always ready for
anytime operationPreparation of enforcement plan is good but
for the tough operation it must be swift that even your members don’t know where to go
Don’t take off within the hot spot area.
Don’t follow the rules of engagement in enforcing the law in the sea
Be authoritativeDon’t use patrol boat in the tough/special
operationAside from underwater camera and GPS,
bring also 2 sets of diving gearsUse high tide and low as your basis in the
operation
For MPA:Don’t stay in the guardhouse if you want
apprehensionsAlways blotter all intrusions happen within
the NTZ ( apprehended or not apprehended)Gather any evidences if you apprehending
violatorsUse logbooks
To be successful in the Coastal Law enforcement, there are things to consider:
- Capacity of the enforcers - Political will - Community participation
Salamat rakan sa ijo pagpamati dagway…