Philippine Fisheries

Code of 1998
PRELIMINARY
Governing Law
On February 17, 1998, Republic Act No. 8550 was enacted. It was an
act providing for the development and conservation of the fisheries and
aquatic resources and integrating all laws pertinent thereto.
It was amended on February 27, 2015, the Congress enacted Republic
Act No. 10654, entitled “An Act to Prevent, Deter and Eliminate Illegal
Unreported and Unregulated Fishing Amending Republic Act No. 8550,
Otherwise Known as The Philippine Fisheries Code of 1998”
The amendments were Prohibitions and Penalties, a new chapter on
Administrative Adjudication is inserted which empowers the Department of
Environment and Natural Resources to impose the administrative fines and
penalties provided in the Code.
Policy Consideration

(a) to achieve food security as the overriding consideration in the

utilization, management, development, conservation and protection of
fishery resources in order to provide the food needs of the population.
A flexible policy towards the attainment of food security shall be
adopted in response to changes in demographic trends for fish,
emerging trends in the trade of fish and other aquatic products in
domestic and international markets, and the law of supply and
demand;lawphi1™

(b) to limit access to the fishery and aquatic resources of the

Philippines for the exclusive use and enjoyment of Filipino citizens;

(c) To ensure the rational and sustainable development, management

and conservation of the fishery and aquatic resources in Philippine
waters including the Exclusive Economic Zone (EEZ) and in the
adjacent high seas, consistent with the primordial objective of
maintaining a sound ecological balance, protecting and enhancing the
quality of the environment. The Philippines shall pursue its
commitment to international conventions and cooperate with other
states and international bodies, in order to conserve and manage
threatened , aquatic species, straddling and highly migratory fish
stocks and other living marine resources;

(d) to protect the rights of fisherfolk, especially of the local communities

with priority to municipal fisherfolk, in the preferential use of the
municipal waters. Such preferential use, shall be based on, but not
limited to, Maximum Sustainable Yield (MSY) or Total Allowable Catch
(TAC) on the basis of resources and ecological conditions, and shall
be consistent with our commitments under international treaties and
agreements;

(e) to provide support to the fishery sector, primarily to the municipal

fisherfolk, including women and youth sectors, through appropriate
technology and research, adequate financial, production, construction
 of post-harvest facilities, marketing assistance, and other services. The
protection of municipal fisherfolk against foreign intrusion shall extend
to offshore fishing grounds. Fishworkers shall receive a just share for
their labor in the utilization of marine and fishery resources;

(f) To adopt the precautionary principle and manage fishery and

aquatic resources, in a manner consistent with the concept of an
ecosystem-based approach to fisheries management and integrated
coastal area management in specific natural fishery management
areas, appropriately supported by research, technical services and
guidance provided by the State; and

(g) to grant the private sector the privilege to utilize fishery resources
under the basic concept that the grantee, licensee or permittee thereof
shall not only be a privileged beneficiary of the State but also active
participant and partner of the Government in the sustainable
development, management, conservation and protection of the fishery
and aquatic resources of the country.

The state shall ensure the attainment of the following objectives of the fishery
sector:

1. Conservation, protection and sustained management of the

country's fishery and aquatic resources;

2. Poverty alleviation and the provision of supplementary livelihood

among municipal fisherfolk;

3. Improvement of productivity of aquaculture within ecological limits;

4. Optimal utilization of offshore and deep-sea resources; and

5. Upgrading of post-harvest technology.

Application Of Law

"SEC. 3. Application of its Provisions. – The provisions of this Code shall be

enforced in:

(a) all Philippine waters including other waters over which the
Philippines has sovereignty and jurisdiction, and the country’s 200-
nautical mile Exclusive Economic Zone (EEZ) and continental shelf;

(b) all aquatic and fishery resources whether inland, coastal or offshore
fishing areas, including, but not limited to, fishponds, fish pens/cages;

(c) all lands devoted to aquaculture, or businesses and activities

relating to fishery, whether private or public lands; and

(d) all Philippine flagged fishing vessels operating in areas governed

by a Regional Fisheries Management Organization (RFMO), in the
high seas, or in waters of other coastal states."
Internal Waters, Territorial Sea, Contiguous Zone And Exclusive
Economic Zone
Internal waters are all waters landwards from the baseline of the
territory. Sovereignty over these waters is the same in extent as sovereignty
over land, and it is not the subject of innocent passage.

a. Obligation of Coastal States

Coastal states have two primary obligations:
1. They must ensure through proper conservation and
management measures that the living resources of the EEZ are
not subjected to over-exploitation.
2. They must promote the objective of “optimum utilization” of the
living resources.

b. Use of Philippine Waters

Section 2, Article XII of the Constitution provides:

“…The State shall protect the nation’s marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources

by Filipino citizens, as well as cooperative fish farming, with priority to
subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.”

Consistent with the forgoing constitutional provision is Sec. 5 of RA No. 8550

which provides:

“The use and exploitation of the fishery and aquatic resources in

Philippine waters shall be reserved exclusively to Filipinos: Provided,
however, That research and survey activities may be allowed under strict
regulations, for purely research, scientific, technological and educational
purposes that would also benefit Filipino citizens.”
 c. UNCLOS: What does it mandates on the subject of protection and
preservation of marine environment?
The United Nations Convention on the Law of the Sea proves
particular articles with regards to the preservation and protection of the
marine environment.

The first article is Art. 192 of the UNCLOS which provides that
States have the obligation to protect and preserve the marine
environment. This provision was given emphasis when the Hague-
based Permanent Court of Arbitration ruled in favor of the Philippines’
compulsory arbitration petition against China last July 12, 2016.

The second article is Art. 194 which obligates the State parties
to the convention to take all measures necessary to ensure that
activities under their jurisdiction or control are so conducted as to not
cause damage and pollution to other States and their environment.
This article also promotes reduction of waste and environmental
damage to marine environment.

d. Philippine Archipelagic Baseline: Not unconstitutional

FACTS:
In March 2009, R.A. 9522 was enacted by the Congress to comply with
the terms of the United Nations Convention on the Law of the Sea (UNCLOS
III), which the Philippines ratified on February 27, 1984.
Professor Merlin Magallona et al questioned the validity of RA 9522 as
they contend, among others, that the law decreased the national territory of
the Philippines. Some of their particular arguments are as follows:
RA 9522 reduces Philippine maritime territory, and logically, the reach
of the Philippine state’s sovereign power, in violation of Article 1 of the 1987
Constitution, embodying the terms of the Treaty of Paris and ancillary
treaties.
RA 9522 opens the country’s waters landward of the baselines to
maritime passage by all vessels and aircrafts, undermining Philippine
sovereignty and national security, contravening the country’s nuclear-free
policy, and damaging marine resources, in violation of relevant constitutional
provisions.
RA 9522’s treatment of the KIG as “regime of islands” not only results
in the loss of a large maritime area but also prejudices the livelihood of
subsistence fishermen.
Hence, petitioners files action for the writs of certiorari and prohibition
assails the constitutionality of Republic Act No. 95221 (RA 9522) adjusting
the country’s archipelagic baselines and classifying the baseline regime of
nearby territories.
Issues:
Whether or not RA 9522, the amendatory Philippine Baseline Law is
unconstitutional.
Discussions:
The provision of Art I 198 Constitution clearly affirms the archipelagic
doctrine, which we connect the outermost points of our archipelago with
straight baselines and consider all the waters enclosed thereby as internal
waters. RA 9522, as a Statutory Tool to Demarcate the Country’s Maritime
Zones and Continental Shelf Under UNCLOS III, gave nothing less than an
explicit definition in congruent with the archipelagic doctrine.
Rulings:
No. The Court finds R.A. 9522 constitutional. It is a Statutory Tool to
Demarcate the Country’s Maritime Zones and Continental Shelf Under
UNCLOS III, not to Delineate Philippine Territory. It is a vital step in
safeguarding the country’s maritime zones. It also allows an internationally-
recognized delimitation of the breadth of the Philippine’s maritime zones and
continental shelf.
Additionally, The Court finds that the conversion of internal waters into
archipelagic waters will not risk the Philippines as affirmed in the Article 49
of the UNCLOS III, an archipelagic State has sovereign power that extends
to the waters enclosed by the archipelagic baselines, regardless of their
depth or distance from the coast. It is further stated that the regime of
archipelagic sea lanes passage will not affect the status of its archipelagic
waters or the exercise of sovereignty over waters and air space, bed and
subsoil and the resources therein.
The Court further stressed that the baseline laws are mere
mechanisms for the UNCLOS III to precisely describe the delimitations. It
serves as a notice to the international family of states and it is in no way
affecting or producing any effect like enlargement or diminution of territories.
Definition of Terms

Aquaculture - fishery operations involving all forms of raising and culturing

fish and other fishery species in fresh, brackish and marine water areas.

Aquatic Pollution - the introduction by human or machine, directly or

indirectly, of substances or energy to the aquatic environment which result
or is likely to result in such deleterious effects as to harm living and non-living
aquatic resources, pose potential and/or real hazard to human health,
hindrance to aquatic activities such as fishing and navigation, including
dumping/disposal of waste and other marine litters, discharge of petroleum
or residual products of petroleum or carbonaceous materials/substances,
and other, radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made
structure. Deforestation, unsound agricultural practices such as the use of
banned chemicals and excessive use of chemicals, intensive use of artificial
fish feed, and wetland conversion, which cause similar hazards and
deleterious effects shall also constitute aquatic pollution.
Aquatic Resources - includes fish, all other aquatic flora and fauna and other
living resources of the aquatic environment, including, but not limited to, salt
and corals.

Catch Ceilings - refers to the annual catch limits allowed to be taken,

gathered or harvested from any fishing area in consideration of the need to
prevent overfishing and harmful depletion of breeding stocks of aquatic
organisms.

Closed Season - the period during which the taking of specified fishery
species by a specified fishing gear is prohibited in a specified area or areas
in Philippine waters.

Coastal Area/Zone - is a band of dry land and adjacent ocean space (water
and submerged land. in which terrestrial processes and uses directly affect
oceanic processes and uses, and vice versa; its geographic extent may
include areas within a landmark limit of one (1. kilometer from the shoreline
at high tide to include mangrove swamps, brackish water ponds, nipa
swamps, estuarine rivers, sandy beaches and other areas within a seaward
limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds
and other soft-bottom areas.

Commercial Fishing - the taking of fishery species by passive or active gear

for trade, business & profit beyond subsistence or sports fishing, to be further
classified as:

(1) Small scale commercial fishing - fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

(2) Medium scale commercial fishing - fishing utilizing active gears and
vessels of 20.1 GT up to one hundred fifty (150) GT; and

(3) Large commercial fishing - fishing utilizing active gears and vessels
of more than one hundred fifty (150) GT.

Commercial Scale - a scheme of producing a minimum harvest per hectare

per year of milkfish or other species including those raised in pens, cages,
and tanks to be determined by the Department in consultation with the
concerned sectors;

Coral - the hard calcareous substance made up of the skeleton of marine

coelenterate polyps which include reefs, shelves and atolls or any of the
marine coelenterate animals living in colonies where their skeletons form a
stony mass. They include: (a. skeletons of anthozoan coelenterates
characterized as having a rigid axis of compact calcareous or horny spicules,
belonging to the genus corallium as represented by the red, pink, and white
corals which are considered precious corals; (b. skeletons of anthozoan
coelenterates characterized by thorny, horny axis such as the antipatharians
represented by the black corals which are considered semi-precious corals;
and (c. ordinary corals which are any kind of corals that are not precious nor
semi-precious.
Coral Reef - a natural aggregation of coral skeleton, with or without living
coral polyps, occurring in intertidal and subtidal marine waters.

Community Service – means any service or activity that is performed for the
benefit of the community or its institutions in lieu of payment of fine imposed
as administrative or criminal penalty.

Conservation and Management Measures – means measures to conserve

and manage living marine resources that are adopted and applied
consistently with the relevant rules of international law including those
reflected in conventions, RFMO resolutions and laws of other coastal states
where Philippine flagged vessels fish.

Demarcated Areas - boundaries defined by markers and assigned

exclusively to specific individuals or organizations for certain specified and
limited uses such as:

(a) Aquaculture, sea ranching and sea farming;

(b) Fish aggregating devices;

(c) Fixed and passive fishing gears; and

(d) Fry and fingerlings gathering.

Electrofishing - the use of electricity generated by batteries, electric

generators and other source of electric power to kill, stupefy, disable or
render unconscious fishery species, whether or not the same are
subsequently recovered.

Endangered Rare and/or Threatened Species - aquatic plants, animals,

including some varieties of corals and sea shells in danger of extinction as
provided for in existing fishery laws, rules and regulations or in the Protected
Areas and Wildlife Bureau of the Department of Environment and Natural
Resources (DENR. and in the Convention on the International Trade of
Endangered Species of Flora and Fauna (CITES).

Fisherfolk - people directly or personally and physically engaged in taking

and/or culturing and processing fishery and/or aquatic resources.lawphi1™

Fisherfolk Cooperative - a duly registered association of fisherfolk with a

common bond of interest, who have voluntarily joined together to achieve a
lawful common social or economic end, making equitable contribution to the
capital requirement and accepting a fair share of the risks and benefits of the
undertakings in accordance with universally accepted cooperative principles.

Fisherfolk Organization - an organized group, association, federation,

alliance or an institution of fisherfolk which has at least fifteen (15. members,
a set of officers, a constitution and by-laws, an organizational structure and
a program of action.
Fishery Observer- refers to a person duly authorized by the Philippine
Government or under a Regional Observer Program of the RFMO, to collect
scientific, technical, or fishing-related data and other information that may be
required by the government or the RFMO and/or in compliance to a
conservation and management measures.

Fishing - the taking of fishery species from their wild state of habitat, with or
without the use of fishing vessels.

Fishing gear - any instrument or device and its accessories utilized in taking
fish and other fishery species.

(a) Active fishing gear - is a fishing device characterized by gear

movements, and/or the pursuit of the target species by towing, lifting,
and pushing the gears, surrounding, covering, dredging, pumping and
scaring the target species to impoundments; such as, but not limited
to, trawl, purse seines, Danish seines, bag nets, paaling, drift gill net
and tuna longline.

(b) Passive fishing gear - is characterized by the absence of gear

movements and/or the pursuit of the target species; such as, but not
limited to, hook and line, fishpots, traps and gill nets across the path of
the fish.

Fishing 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.

Foreshore Land - a string of land margining a body of water; the part of a

seashore between the low-water line usually at the seaward margin of a low
tide terrace and the upper limit of wave wash at high tide usually marked by
a beach scarp or berm.

Illegal Fishing- means fishing activities conducted by Philippine fishing

vessels operating in violation of the Philippine laws, Regional Fisheries
Management Organization resolutions, and laws of other coastal seas.

Mangroves - a community of intertidal plants including all species of trees,

shrubs, vines and herbs found on coasts, swamps, or border of swamps.

Monitoring, control and surveillance -

(a) Monitoring - the requirement of continuously observing: (1) fishing

effort which can be expressed by the number of days or hours of
fishing, number of fishing gears and number of fisherfolk; (2)
characteristics of fishery resources; and (3) resource yields (catch);

(b) Control - the regulatory conditions (legal framework) under which

the exploitation, utilization and disposition of the resources may be
conducted; and
 (c) Surveillance - the degree and types of observations required to
maintain compliance with regulations.lawphi1™ALF

Municipal fisherfolk - persons who are directly or indirectly engaged in

municipal fishing and other related fishing activities.

Municipal fishing - refers to fishing within municipal waters using fishing

vessels of three (3. gross tons or less, or fishing not requiring the use of
fishing vessels.

Municipal waters - include not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the
protected areas as defined under Republic Act No. 7586 (The NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also
marine waters included between two (2. lines drawn perpendicular to the
general coastline from points where the boundary lines of the municipality
touch the sea at low tide and a third line parallel with the general coastline
including offshore islands and fifteen (15. kilometers from such coastline.
Where two (2. municipalities are so situated on opposite shores that there is
less than thirty (30. kilometers of marine waters between them, the third line
shall be equally distant from opposite shore of the respective municipalities.

Philippine waters - include 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.

Serious Violation – means any of the following violations of the provisions

of this Code:

(a) Fishing without a valid license, authorization or permit;

(b) Fishing without reporting the catch or misreporting the catch;

(c) Fishing in a closed area or during a closed season;

(d) Fishing of prohibited species;

(e) Fishing with the use of prohibited gear or methods;

(f) Falsifying, concealing or tampering with vessel markings, identity

or registration to conceal vessel identity or lack of registration;

(g) Concealing, tampering or disposing of evidence relating to an

investigation of a violation;

(h) Assaulting, resisting, intimidating, harassing, seriously interfering

with, or unduly obstructing or delaying a fisheries law enforcer,
 authorized inspector or observer or other duly authorized government
officer;

(i) Intentionally tampering with or disabling the vessel monitoring

system; and

(j) Committing multiple violations which taken together constitute a

serious disregard of this Code.

Unregulated Fishing – refers to fishing activities conducted by:

(a) Vessels without nationality but operated by Filipino and/or Filipino

corporation;

(b) Philippine flagged fishing vessels operating in areas managed by

RFMOs to which the Philippines is not a party to; or

(c) Philippine flagged fishing vessels operating in areas or fish stocks

where there are no applicable conservation and management
measures.

Unreported Fishing – refers to fishing activities which have not been

reported, or have been misreported to the Department, in contravention of
national laws and regulations of the Philippines, or undertaken in the area of
competence of a relevant RFMO which have not been reported or have been
misreported, in contravention of the reporting procedures of that organization
and further elaborated by regulations to be promulgated by the Department."

ORGANIZATIONAL STRUCTURE
Department of Agriculture
The Department of Agriculture is the government agency responsible
for the promotion of agricultural development by providing the policy
framework, public investments, and support services needed for domestic
and export-oriented business enterprises.
It has the primary concern of the DA to improve farm income and
generate work opportunities for farmers, fishermen, and other rural workers.
It encourages people’s participation in agricultural development through
sectoral representation in the agricultural policy-making bodies so that the
policies, plans, and program of the DA are formulated and executed to satisfy
their needs.
The DA’s powers and functions include the following:
a) Provide integrated services to farmers, fishermen, and other food
producers on production, utilization, conservation, and
disposition of agricultural and fishery resources.
b) Promulgate and enforce all laws, rules and regulations governing
the conservation and proper utilization of agricultural and fishery
resources.
 c) Conduct, coordinate, and disseminate research studies on
appropriate technologies for the improvement and development
of agricultural crops, fisheries, and other allied commodities.
d) Provide the mechanism for the participation of farmers,
fishermen, and entrepreneurs at all levels of policy-making,
planning and program formulation.
Access to Fishery Resources
The DA shall issue such number of licenses and permits for the conduct
of fishery activities subject to the limits of the maximum sustainable yield
(MSY) of the resources as determined by scientific studies or best available
evidence. Preferences shall be given to resources users in the local
communities adjacent or nearest to the municipal waters.
a. Catch ceiling limitations
The DA Secretary may prescribe limitations or quota on the total
quantity of fish captured, for a specified period of time and specified
area based on the best available evidence. Provided that in that
municipal waters and fishery management areas, and waters under
the jurisdiction of special management areas, and waters under the
jurisdiction of special agencies, catch ceilings may be establishment
upon the concurrence and approval or recommendation of such
special agency and the concerned local government in consultation
with the Fisheries and Aquatic Resources Management Council
(FARMC) for conservation or ecological purposes.

b. Establishment of closed season

The Secretary may declare, through public notice in at least two
newspapers of general circulation or in public service announcements,
whichever is applicable, at least five days before the declaration, a closed
season in any or all Philippine waters outside the boundary of municipal
waters and in bays, for conservation and ecological purposes.
Bureau of Fisheries and Aquatic Resources and its functions

(a) prepare and implement a Comprehensive National Fisheries Industry

Development Plan;

(b) issue licenses for the operation of commercial fishing vessels;

(c) issue identification cards free of charge to fishworkers engaged in

commercial fishing;

(d) monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure
that such agreements are not contrary to Philippine commitment under
international treaties and convention on fishing in the high seas;

(e) formulate and implement a Comprehensive Fishery Research and

Development Program, such as, but not limited to, sea farming, sea
ranching, tropical/ornamental fish and seaweed culture, aimed at increasing
resource productivity, improving resource use efficiency, and ensuring the
long-term sustainability of the country's fishery and aquatic resources;

(f) establish and maintain a Comprehensive Fishery Information System;

(g) provide extensive development support services in all aspects of fisheries

production, processing and marketing;

(h) provide advisory services and technical assistance on the improvement

of quality of fish from the time it is caught (i.e. on board fishing vessel, at
landing areas, fish markets, to the processing plants and to the distribution
and marketing chain);

(i) coordinate efforts relating to fishery production undertaken by the primary

fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;

(j) advise and coordinate with LGUs on the maintenance of proper sanitation
and hygienic practices in fish markets and fish landing areas;

(k) establish a corps of specialists in collaboration with the Department of

National Defense, Department of the Interior and Local Government,
Department of Foreign Affairs for the efficient monitoring, control and
surveillance of fishing activities within Philippine territorial waters and provide
the necessary facilities, equipment and training therefor;

(l) implement an inspection system for import and export of fishery/aquatic

products and fish processing establishments, consistent with international
standards to ensure product quality and safety;

(m) coordinate with LGUs and other concerned agencies for the
establishment of productivity enhancing and market development programs
in fishing communities to enable women to engage in other
fisheries/economic activities and contribute significantly to development
efforts;

(n) enforce all laws, formulate and enforce all rules and regulations governing
the conservation and management of fishery resources, except in municipal
waters, and to settle conflicts of resource use and allocation in consultation
with the NFARMC, LGUs and local FARMCs;

(o) develop value-added fishery-products for domestic consumption and

export;lawphi1™

(p) recommend measures for the protection/enhancement of the fishery

industries;

(q) assist the LGUs in developing their technical capability in the

development, management, regulation, conservation, and protection of the
fishery resources;

(r) formulate and implement rules and regulations for the conservation and
management of straddling fish stocks, highly migratory fish stocks and
threatened living marine resources such as sharks, rays and ludong, inter
alia, in the Philippine Exclusive Economic Zone, territorial sea, archipelagic
and internal waters, in coordination with LGUs and integrated/municipal/city
Fisheries and Aquatic Resources Management Councils;

(s) train, designate and deploy fisheries observers in Philippine flagged

fishing vessels engaged in commercial fishing in Philippine waters or distant
water fishing to ensure compliance with conservation and management
measures adopted by RFMOS and by the Department;

(t) implement boarding and inspection protocols upon Philippine flagged

fishing vessels in order to promote observance to international treaty
obligations on food safety, to curb illegal, unreported and unregulated
fishing, and to comply with conservation and management measures;

(u) adopt an appropriate monitoring, control, surveillance and traceability

system for municipal fishing vessels supplying exporters with concurrence of
the local government units;

(v) adopt and implement a national plan of action to manage fishing capacity,
implement the international code of conduct for responsible fisheries, and
declare fishery management areas as over-exploited in coordination with the
LGUs and FARMCs;

(w) require performance bonds and impose and collect reasonable fees and
charges for laboratory services, inspection, deployment of fisheries
observers, and catch documentation and validation, taking into account the
balance required between recovering the costs of services rendered and the
socioeconomic impact of their imposition, upon prior consultation with
stakeholders;

(x) hear and decide administrative cases before it;

(y) determine the appropriate levels of administrative and other sanctions,

particularly for serious violations, that deprive offenders of economic benefits
from their violations of the laws, rules and regulations;

(z) initiate the criminal prosecution of offenses committed in violation of this

Code regardless of their situs; and

(aa) perform such other related functions which shall promote the
development, conservation, management, protection and utilization of
fisheries and aquatic resources."

Composition of BFAR
The BFAR is headed by a Director and assisted by two Assistant
Directors who shall supervise the administrative and technical services of the
bureau respectively.
It shall establish regional, provincial and municipal offices as may be
appropriate and necessary to carry out effectively and efficiently the
provisions of this Code.
MUNICIPAL FISHERIES
Jurisdiction of municipal/city fisheries
The municipality/ city government shall have jurisdiction over waters
as defined in this Code.
The municipal/city government, in consultation with the FARMC, shall
be responsible for:
 the management, conservation, development, protection, utilization,
and disposition of all fish and fishery/aquatic resources within their
respective municipal waters and;
 may, in consultation with the FARMC, enact appropriate ordinances.
These ordinances shall be reviewed pursuant to the Local Government
Code by the sanggunian of the province which has jurisdiction over the
same.
 Enforce all fishery laws, rules and regulations as well as valid fishery
ordinances enacted by the municipal/city council
Duly registered fisherfolk organizations shall have preference in the
grant of fishery rights by the municipal/city council (Section 149, LGC)
In areas where there are special agencies or offices vested with
jurisdiction over municipal waters by virtue of special laws, these agencies
shall continue to grant permits.
CASE: Laguna Lake Development Authority v. CA
G.R. Nos. 120865-71, December 7, 1995
Facts:
RA 4850 was enacted creating the "Laguna Lake Development
Authority." This agency was supposed to accelerate the development and
balanced growth of the Laguna Lake area and the surrounding provinces,
cities and towns, in the act, within the context of the national and regional
plans and policies for social and economic development.
PD 813 amended certain sections RA 4850 because of the concern for
the rapid expansion of Metropolitan Manila, the suburbs and the lakeshore
towns of Laguna de Bay, combined with current and prospective uses of the
lake for municipal-industrial water supply, irrigation, fisheries, and the like.
To effectively perform the role of the Authority under RA 4850, the
Chief Executive issued EO 927 further defined and enlarged the functions
and powers of the Authority and named and enumerated the towns, cities
and provinces encompassed by the term "Laguna de Bay Region". Also,
pertinent to the issues in this case are the following provisions of EO 927
which include in particular the sharing of fees:
Sec 2: xxx the Authority shall have exclusive jurisdiction to issue
permit for the use of all surface water for any projects or activities in or
affecting the said region including navigation, construction, and
operation of fishpens, fish enclosures, fish corrals and the like.
SEC. 3. Collection of Fees. The Authority is hereby empowered
to collect fees for the use of the lake water and its tributaries for all
beneficial purposes including but not limited to fisheries, recreation,
 municipal, industrial, agricultural, navigation, irrigation, and waste
disposal purpose; Provided, that the rates of the fees to be collected,
and the sharing with other government agencies and political
subdivisions, if necessary, shall be subject to the approval of the
President of the Philippines upon recommendation of the Authority's
Board, except fishpen fee, which will be shared in the following
manner: 20 percent of the fee shall go to the lakeshore local
governments, 5 percent shall go to the Project Development Fund
which shall be administered by a Council and the remaining 75 percent
shall constitute the share of LLDA. However, after the implementation
within the three-year period of the Laguna Lake Fishery Zoning and
Management Plan the sharing will be modified as follows: 35 percent
of the fishpen fee goes to the lakeshore local governments, 5 percent
goes to the Project Development Fund and the remaining 60 percent
shall be retained by LLDA; Provided, however, that the share of LLDA
shall form part of its corporate funds and shall not be remitted to the
National Treasury as an exception to the provisions of Presidential
Decree No. 1234.
Then came Republic Act No. 7160. The municipalities in the Laguna
Lake Region interpreted the provisions of this law to mean that the newly
passed law gave municipal governments the exclusive jurisdiction to issue
fishing privileges within their municipal waters because R.A. 7160 provides:
Sec. 149. Fishery Rentals; Fees and Charges (a) Municipalities
shall have the exclusive authority to grant fishery privileges in the
municipal waters and impose rental fees or charges therefor in
accordance with the provisions of this Section.
Municipal governments thereupon assumed the authority to issue
fishing privileges and fishpen permits. Big fishpen operators took advantage
of the occasion to establish fishpens and fishcages to the consternation of
the Authority. Unregulated fishpens and fishcages occupied almost one-third
the entire lake water surface area, increasing the occupation drastically from
7,000 ha in 1990 to almost 21,000 ha in 1995. The Mayor's permit to
construct fishpens and fishcages were all undertaken in violation of the
policies adopted by the Authority on fishpen zoning and the Laguna Lake
carrying capacity. In view of the foregoing circumstances, the Authority
served notice to the general public that:

1. All fishpens, fishcages and other aqua-culture structures in the

Laguna de Bay Region, which were not registered or to which no
application for registration and/or permit has been filed with
Laguna Lake Development Authority as of March 31, 1993 are
hereby declared outrightly as illegal.
2. All fishpens; fishcages and other aqua-culture structures so
declared as illegal shall be subject to demolition which shall be
undertaken by the Presidential Task Force for illegal Fishpen and
Illegal Fishing.
 3. Owners of fishpens, fishcages and other aqua-culture structures
declared as illegal shall, without prejudice to demolition of their
structures be criminally charged in accordance with Section 39-A
of Republic Act 4850 as amended by P.D. 813 for violation of the
same laws. Violations of these laws carries a penalty of
imprisonment of not exceeding 3 years or a fine not exceeding
Five Thousand Pesos or both at the discretion of the court.
All operators of fishpens, fishcages and other aqua-culture structures
declared as illegal in accordance with the foregoing Notice shall have one
(1) month on or before 27 October 1993 to show cause before the LLDA why
their said fishpens, fishcages and other aqua-culture structures should not
be demolished/dismantled.
One month, thereafter, the Authority sent notices to the concerned
owners of the illegally constructed fishpens, fishcages and other aqua-
culture structures advising them to dismantle their respective structures
within 10 days from receipt thereof, otherwise, demolition shall be effected.
The fishpen owners filed injunction cases against the LLDA. The LLDA
filed motions to dismiss the cases against it on jurisdictional grounds. The
motions to dismiss were denied. Meanwhile, TRO/writs of preliminary
mandatory injunction were issued enjoining the LLDA from demolishing the
fishpens and similar structures in question. Hence, the present petition for
certiorari, prohibition and injunction. The CA dismissed the LLDA’s
consolidated petitions. It ruled that (A) LLDA is not among those quasi-
judicial agencies of government appealable only to the Court of Appeals; (B)
the LLDA charter does vest LLDA with quasi-judicial functions insofar as
fishpens are concerned; (C) the provisions of the LLDA charter insofar as
fishing privileges in Laguna de Bay are concerned had been repealed by the
Local Government Code of 1991; (D) in view of the aforesaid repeal, the
power to grant permits devolved to respective local government units
concerned.
Issue:
Which agency of the Government - the LLDA or the towns and
municipalities comprising the region - should exercise jurisdiction over the
Laguna Lake and its environs insofar as the issuance of permits for fishery
privileges is concerned?
Held:
LLDA. Section 4 (k) of RA 4850, the provisions of PD 813, and Section
2 of EO 927, specifically provide that the LLDA shall have exclusive
jurisdiction to issue permits for the use or all surface water for any projects
or activities in or affecting the said region, including navigation, construction,
and operation of fishpens, fish enclosures, fish corrals and the like. On the
other hand, RA 7160 has granted to the municipalities the exclusive authority
to grant fishery privileges in municipal waters. The Sangguniang Bayan may
grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic
beds or bangus fry area within a definite zone of the municipal waters.
 The provisions of RA7160 do not necessarily repeal the laws creating
the LLDA and granting the latter water rights authority over Laguna de Bay
and the lake region.
The Local Government Code of 1991 does not contain any express
provision which categorically expressly repeal the charter of the Authority. It
has to be conceded that there was no intent on the part of the legislature to
repeal Republic Act No. 4850 and its amendments. The repeal of laws should
be made clear and expressed.
It has to be conceded that the charter of the LLDA constitutes a special
law. RA 7160 is a general law. It is basic is basic in statutory construction
that the enactment of a later legislation which is a general law cannot be
construed to have repealed a special law. It is a well-settled rule in this
jurisdiction that "a special statute, provided for a particular case or class of
cases, is not repealed by a subsequent statute, general in its terms,
provisions and application, unless the intent to repeal or alter is manifest,
although the terms of the general law are broad enough to include the cases
embraced in the special law." Where there is a conflict between a general
law and a special statute, the special statute should prevail since it evinces
the legislative intent more clearly that the general statute. The special law is
to be taken as an exception to the general law in the absence of special
circumstances forcing a contrary conclusion. This is because implied repeals
are not favored and as much as possible, given to all enactments of the
legislature. A special law cannot be repealed, amended or altered by a
subsequent general law by mere implication.
Considering the reasons behind the establishment of the Authority,
which are environmental protection, navigational safety, and sustainable
development, there is every indication that the legislative intent is for the
Authority to proceed with its mission.
We are on all fours with the manifestation of LLDA that "Laguna de
Bay, like any other single body of water has its own unique natural
ecosystem. The 900 km lake surface water, the 8 major river tributaries and
several other smaller rivers that drain into the lake, the 2,920 km2 basin or
watershed transcending the boundaries of Laguna and Rizal provinces,
constitute one integrated delicate natural ecosystem that needs to be
protected with uniform set of policies; if we are to be serious in our aims of
attaining sustainable development. This is an exhaustible natural resource-
a very limited one-which requires judicious management and optimal
utilization to ensure renewability and preserve its ecological integrity and
balance. Managing the lake resources would mean the implementation of a
national policy geared towards the protection, conservation, balanced growth
and sustainable development of the region with due regard to the inter-
generational use of its resources by the inhabitants in this part of the earth.
The authors of Republic Act 4850 have foreseen this need when they passed
this LLDA law-the special law designed to govern the management of our
Laguna de Bay lake resources.
Laguna de Bay therefore cannot be subjected to fragmented concepts
of management policies where lakeshore local government units exercise
exclusive dominion over specific portions of the lake water. The
implementation of a cohesive and integrated lake water resource
management policy, therefore, is necessary to conserve, protect and
sustainably develop Laguna de Bay."
The power of the LGUs to issue fishing privileges was clearly granted
for revenue purposes. This is evident from the fact that Section 149 of the
New Local Government Code empowering local governments to issue
fishing permits is embodied in Chapter 2, Book II, of Republic Act No. 7160
under the heading, "Specific Provisions On The Taxing And Other Revenue
Raising Power of LGUs.”
On the other hand, the power of the Authority to grant permits for
fishpens, fishcages and other aqua-culture structures is for the purpose of
effectively regulating and monitoring activities in the Laguna de Bay region
and for lake quality control and management. 6 It does partake of the nature
of police power which is the most pervasive, the least limitable and the most
demanding of all State powers including the power of taxation. Accordingly,
the charter of the Authority which embodies a valid exercise of police power
should prevail over the Local Government Code of 1991 on matters affecting
Laguna de Bay.
There should be no quarrel over permit fees for fishpens, fishcages
and other aqua-culture structures in the Laguna de Bay area. Section 3 of
Executive Order No. 927 provides for the proper sharing of fees collected.
In respect to the question as to whether the Authority is a quasi-judicial
agency or not, it is our holding that, considering the provisions of Section 4
of Republic Act No. 4850 and Section 4 of Executive Order No. 927, series
of 1983, and the ruling of this Court in Laguna Lake Development Authority
vs. Court of Appeals, there is no question that the Authority has express
powers as a regulatory a quasi-judicial body in respect to pollution cases with
authority to issue a "cease a desist order" and on matters affecting the
construction of illegal fishpens, fishcages and other aqua-culture structures
in Laguna de Bay. The Authority's pretense, however, that it is co-equal to
the Regional Trial Courts such that all actions against it may only be
instituted before the Court of Appeals cannot be sustained. On actions
necessitating the resolution of legal questions affecting the powers of the
Authority as provided for in its charter, the Regional Trial Courts have
jurisdiction.
In view of the foregoing, this Court holds that Section 149 of RA 7160,
otherwise known as the Local Government Code of 1991, has not repealed
the provisions of the charter of the LLDA, Republic Act No. 4850, as
amended. Thus, the Authority has the exclusive jurisdiction to issue permits
for the enjoyment of fishery privileges in Laguna de Bay to the exclusion of
municipalities situated therein and the authority to exercise such powers as
are by its charter vested on it.
Who can use municipal waters?
Sec. 18, RA 8550
All fishery related activities in municipal waters, as defined in this Code,
shall be utilized by municipal fisherfolk and their cooperatives/organizations
who are listed as such in the registry of municipal fisherfolk.
 The municipal or city government, however, may, through its local chief
executive and acting pursuant to an appropriate ordinance, authorize or
permit small and medium commercial fishing vessels to operate within the
ten point one (10.1) to fifteen (15) kilometer area from the shoreline in
municipal waters as defined herein, provided, that all the following are met:
(a) no commercial fishing in municipal waters with depth less
than seven (7) fathoms as certified by the appropriate agency;
(b) fishing activities utilizing methods and gears that are
determined to be consistent with national policies set by the
Department;
(c) prior consultation, through public hearing, with the
M/CFARMC has been conducted; and
(d) the applicant vessel as well as the shipowner, employer,
captain and crew have been certified by the appropriate agency as not
having violated this Code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be
granted for fishing in bays as determined by the Department to be in an
environmentally critical condition and during closed season as provided for
in Section 9 of this Code.
Registry and priority of municipal fisherfolk
Section 19
The LGU shall maintain a registry of municipal fisherfolk, who are
fishing or may desire to fish in municipal waters for the purpose of
determining priorities among them, of limiting entry into the municipal waters,
and of monitoring fishing activities and/or other related purposes. Provided,
That the FARMC shall submit to the LGU the list of priorities for its
consideration.
Section 21
Priority of Resident Municipal Fisherfolk. - Resident municipal
fisherfolk of the municipality concerned and their organizations/cooperatives
shall have priority to exploit municipal and demarcated fishery areas of the
said municipality.
Section 23
Limited Entry Into Overfished Areas. - Whenever it is determined by
the LGUs and the Department that a municipal water is overfished based on
available data or information or in danger of being overfished, and that there
is a need to regenerate the fishery resources in that water, the LGU shall
prohibit or limit fishery activities in the said waters.
CASE: Tano vs. Socrates 278 SCRA 154
Facts:
The petitioners filed a petition for certiorari and prohibition assailing the
constitutionality of:
 (1) Ordinance No. 15-92 entitled: "AN ORDINANCE BANNING
THE SHIPMENT OF ALL LIVE FISH AND LOBSTER OUTSIDE
PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO JANUARY
1, 1998 AND PROVIDING EXEMPTIONS, PENALTIES AND FOR
OTHER PURPOSES THEREOF"
(2) Office Order No. 23, requiring any person engaged or
intending to engage in any business, trade, occupation, calling or
profession or having in his possession any of the articles for which a
permit is required to be had, to obtain first a Mayor’s and authorizing
and directing to check or conduct necessary inspections on cargoes
containing live fish and lobster being shipped out from Puerto Princesa
and,
(3) Resolution No. 33, Ordinance No. 2 entitled: "A
RESOLUTION PROHIBITING THE CATCHING, GATHERING,
POSSESSING, BUYING, SELLING AND SHIPMENT OF LIVE
MARINE CORAL DWELLING AQUATIC ORGANISMS”
The petitioners contend that the said Ordinances deprived them of due
process of law, their livelihood, and unduly restricted them from the practice
of their trade, in violation of Section 2, Article XII and Sections 2 and 7 of
Article XIII of the 1987 Constitution and that the Mayor had the absolute
authority to determine whether or not to issue the permit.
They also claim that it took away their right to earn their livelihood in
lawful ways; and insofar as the Airline Shippers Association are concerned,
they were unduly prevented from pursuing their vocation and entering "into
contracts which are proper, necessary, and essential to carry out their
business endeavors to a successful conclusion
Public respondents Governor Socrates and Members of the
Sangguniang Panlalawigan of Palawan defended the validity of Ordinance
No. 2, Series of 1993, as a valid exercise of the Provincial Government's
power under the general welfare clause; they likewise maintained that there
was no violation of the due process and equal protection clauses of the
Constitution.
Issue: Whether or not the Ordinances in question are unconstitutional?
Held: NO
In light then of the principles of decentralization and devolution
enshrined in the LGC and the powers granted therein to local government
units under Section 16 (the General Welfare Clause), and under Sections
149, 447(a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which unquestionably
involve the exercise of police power, the validity of the questioned
Ordinances cannot be doubted.
***Sec. 16. General Welfare. — Every local government unit shall exercise
the powers expressly granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local government units
shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve
the comfort and convenience of their inhabitants. (emphasis supplied).
It is clear to the Court that both Ordinances have two principal
objectives or purposes: (1) to establish a "closed season" for the species of
fish or aquatic animals covered therein for a period of five years; and (2) to
protect the coral in the marine waters of the City of Puerto Princesa and the
Province of Palawan from further destruction due to illegal fishing activities.
It imposes upon the sangguniang bayan, the sangguniang
panlungsod, and the sangguniang panlalawigan the duty to enact ordinances
to "[p]rotect the environment and impose appropriate penalties for acts which
endanger the environment such as dynamite fishing and other forms of
destructive fishing . . . and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes or of ecological imbalance."
The petition is dismissed.
COMMERCIAL FISHERIES
Commercial fishing vessel licenses
Section 26
Commercial Fishing Vessel License and Other Licenses. - No person
shall operate a commercial fishing vessel, pearl fishing vessel or fishing
vessel for scientific, research or educational purposes, or engage in any
fishery activity, or seek employment as a fishworker or pearl diver without
first securing a license from the Department, the period of which shall be
prescribed by the Department: Provided, That no such license shall be
required of a fishing vessel engaged in scientific, research or educational
purposes within Philippine waters pursuant to an international agreement of
which the Philippines is a signatory and which agreement defines the status,
privileges and obligations of said vessel and its crew and the non-Filipino
officials of the international agency under which said vessel operates:
Provided, further, That members of the crew of a fishing vessel used for
commercial fishing except the duly licensed and/or authorized patrons,
marine engineers, radio operators and cooks shall be considered as
fisherfolk: Provided, furthermore, That all skippers/master fishers shall be
required to undertake an orientation training on detection of fish caught by
illegal means before they can be issued their fishworker licenses: Provided,
finally, That the large commercial fishing vessels license herein authorized
to be granted shall allow the licensee to operate only in Philippine waters
seven (7) or more fathoms deep, the depth to be certified by the NAMRIA,
and subject to the conditions that may be stated therein and the rules and
regulations that may be promulgated by the Department.
Persons eligible for commercial fishing vessel licenses
Section 27
 Persons Eligible for Commercial Fishing Vessel License. - No
commercial fishing vessel license shall be issued except to citizens of the
Philippines, partnerships or to associations, cooperatives or corporations
duly registered in the Philippines at least sixty percent (60%) of the capital
stock of which is owned by Filipino citizens. No person to whom a license
has been issued shall sell, transfer or assign, directly or indirectly, his stock
or interest therein to any person not qualified to hold a license. Any such
transfer, sale or assignment shall be null and void and shall not be registered
in the books of the association, cooperative or corporation.
For purposes of commercial fishing, fishing vessels owned by citizens
of the Philippines, partnerships, corporations, cooperatives or associations
qualified under this section shall secure Certificates of Philippine Registry
and such other documents as are necessary for fishing operations from the
concerned agencies: Provided, That the commercial fishing vessel license
shall be valid for a period to be determined by the Department.
Fishing by Philippine commercial fishing fleet in international waters
Section 32
Fishing by Philippine Commercial Fishing Fleet in International Waters.
- Fishing vessels of Philippine registry may operate in international waters or
waters of other countries which allow such fishing operations: Provided, That
they comply with the safety, manning and other requirements of the
Philippine Coast Guard, Maritime Industry Authority and other agencies
concerned: Provided, however, That they secure an international fishing
permit and certificate of clearance from the Department: Provided, further,
That the fish caught by such vessels shall be considered as caught in
Philippine waters and therefore not subject to all import duties and taxes only
when the same is landed in duly designated fish landings and fish ports in
the Philippines: Provided, furthermore, That landing ports established by
canneries, seafood processors and all fish landing sites established prior to
the effectivity of this Code shall be considered authorized landing sites:
Provided, finally, That fishworkers on board Philippine registered fishing
vessels conducting fishing activities beyond the Philippine Exclusive
Economic Zone are not considered as overseas Filipino workers.
AQUACULTURE

Tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for
fishery operations shall not be disposed or alienated. Fishpond lease
agreements (FLA) may be issued for public lands that may be declared
available for fishpond development primarily to qualified fisherfolk
cooperatives/associations.

When the FLA expires, the current lessees shall be prioritized and are
entitled to an extension of 25 years to utilize the leased areas.

The DA shall declare as reservation portions of available public lands

certified as suitable for fishpond purposes for fish sanctuary, conservation,
and ecological purposes.
Fish pens/cages/traps are not allowed in the lakes.
Lease of fishponds

(a) Areas leased for fishpond purposes shall be no more than 50 hectares
for individuals and 250 hectares for corporations or fisherfolk organizations;
(b) The lease shall be for a period of twenty-five (25) years and renewable
for another twenty- five (25) years: Provided, That in case of the death of the
lessee, his spouse and/or children, as his heirs, shall have preemptive rights
to the unexpired term of his Fishpond Lease Agreement subject to the same
terms and conditions provided herein provided that the said heirs are
qualified;
(c) Lease rates for fishpond areas shall be determined by the Department:
Provided, That all fees collected shall be remitted to the National Fisheries
Research and Development Institute and other qualified research institutions
to be used for aquaculture research development;

(d) The area leased shall be developed and producing on a commercial scale
within three (3) years from the approval of the lease contract: Provided,
however, that all areas not fully producing within five (5) years from the date
of approval of the lease contract shall automatically revert to the public
domain for reforestation;

(e) The fishpond shall not be subleased, in whole or in part, and failure to
comply with this provision shall mean cancellation of FLA;

(f) The transfer or assignment of rights to FLA shall be allowed only upon
prior written approval of the Department;

(g) The lessee shall undertake reforestation for river banks, bays, streams,
and seashore fronting the dike of his fishpond subject to the rules and
regulations to be promulgated thereon; and

(h) The lessee shall provide facilities that will minimize environmental
pollution, i.e., settling ponds, reservoirs, etc: Provided, that failure to comply
with this provision shall mean cancellation of FLA.

The DENR, together with the DA, LGUs, and other concerned agencies and
FARMCs shall determine which abandoned, underdeveloped, or
underutilized fishponds covered by FLAs can be reverted to their mangrove
state.
Holders of fishpond lease agreements who acquired citizenship outside the
Philippines during the existence of the agreement shall have their FLAs
cancelled automatically. The improvements should be forfeited in favor of the
government.

FISHERY RESERVES, REFUGE, AND SANCTUARIES

The DA may designate areas beyond 15 km from the shoreline of Philippine

waters for the exclusive use of the government or any of its political
subdivisions, agencies or instrumentalities for propagation, educational,
research, and scientific purposes.

For municipalities or cities, the LGUs in consultation with FARMCs may

recommend to the DA portions which may be declared for educational,
research, and/or special management purposes.

The DA may also establish fish refuge and sanctuaries to be administered in

the manner prescribed by the BFAR and set aside areas for the cultivation
of mangroves to strengthen the habitat and the spawning grounds of fish.

PROHIBITED ACTS AND PENALTIES

The following are the prohibited acts and penalized under RA No.
10654 amending RA No. 8550 or the Philippine Fisheries Code of 1998:

1. Unauthorized Fishing
Section 86. Unauthorized Fishing. – (a) It shall be unlawful for any
person to capture or gather or to cause the capture or gathering of
fish, fry or fingerlings of any fishery species or fishery products without
license or permit from the Department or LGU.

Except in cases specified under this Code, it shall also be unlawful for
any commercial fishing vessel to fish in municipal waters.

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 & prima facie presumption that the person is
engaged in unauthorized fishing: Provided, That fishing for daily food
sustenance or for leisure which is not for commercial, occupation or
livelihood purposes may be allowed.
This prohibited act is committed by:

a) Any person who capture or gather or cause the capture or gathering

of fish, fry or fingerlings of any fishery species or fishery products without
license or permit from the Department or LGU.

b) Any person not listed in the registry of municipal fisherfolk to engage

in any commercial fishing activity in municipal waters.

Note:

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 & prima facie presumption that the person is engaged in
unauthorized fishing. Provided, fishing for daily food sustenance or for
leisure which is not for commercial, occupation or livelihood purposes
may be allowed.

Penalties:
(a) Any person who exploit, occupy, produce, breed or culture fish, fry
or fingerlings of any fishery species or fishery products or construct
and operate fish corrals, fish traps, fish pens and fish cages or
fishponds without a license, lease or permit.

Upon a summary finding of administrative liability, the boat captain and

the three (3) highest officers of the commercial fishing vessel and the owner
or operator who violate this provision shall be penalized with confiscation of
catch and gear, and an 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 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.
Upon conviction by a court of law, the boat captain and the three (3)
highest officers of the commercial fishing vessel shall suffer the penalty of
imprisonment of six (6) months and confiscation of catch and gear and twice
the amount of the administrative fine.

(b) It shall be unlawful for any person not listed in the registry of
municipal fisherfolk to engage in any commercial fishing activity in
municipal waters.

Upon a summary finding of administrative liability, the offender of this

provision shall be punished with an administrative fine equivalent to twice the
value of catch or Five thousand pesos (P5,000.00), whichever is higher, and
confiscation of the catch and fishing gear: Provided, That if the offender fails
to pay the fine, he shall render community service.

2. Engaging in Unauthorized Fishing Activities

Section 87. Engaging in Unauthorized Fisheries Activities. – It

shall be unlawful for any person to exploit, occupy, produce, breed or
culture fish, fry or fingerlings of any fishery species or fishery products
or construct and operate fish corrals, fish traps, fish pens and fish
cages or fishponds without a license, lease or permit.

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 unauthorized fisheries
activity.

This prohibited act is committed by:

a) Any person who exploit, occupy, produce, breed or culture fish, fry
or fingerlings of any fishery species or fishery products or construct and
operate fish corrals, fish traps, fish pens and fish cages or fishponds without
a license, lease or permit.
Note:
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 unauthorized fisheries activity.

Penalties:
Upon a summary finding of administrative liability, the offender shall be
penalized with an administrative fine of Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00), the dismantling or
removal of the structure at the expense of the offender, the rehabilitation of
the area affected by the activity and confiscation of stocks.
Upon conviction by a court of law, the offender shall suffer the penalty
of imprisonment of six (6) months, a fine equivalent to twice the amount of
the administrative fine, the dismantling or removal of the structure at the
expense of the offender, the rehabilitation of the area affected by the activity
and confiscation of stocks.

3. Failure to Secure Fishing Permit Prior to Engaging in Distant Water

Fishing.

Section 88. Failure to Secure Fishing Permit Prior to Engaging in

Distant Water Fishing. – (a) It shall be unlawful for any person to fish
in the high seas, in the territorial seas, archipelagic waters, and
Exclusive Economic Zones of other states using a Philippine flagged
fishing vessel without first securing a fishing permit from the
Department and authorization from the coastal state.

The discovery of any person in possession of a fishing gear or

operating a fishing vessel in the abovementioned areas without a
fishing permit from the Department or authorization from the coastal
state shall constitute a prima facie presumption that the person is in
violation of this provision.

(b) It shall be unlawful for an owner or operator, and the three (3)
highest officers, of a commercial fishing vessel to commit acts that are
in contravention of the terms and conditions stated in the fishing permit
or as may be promulgated by the Department.

This prohibited act is committed by:

(a) Any person who fish in the high seas, in the territorial seas,
archipelagic waters, and Exclusive Economic Zones of other states using a
Philippine flagged fishing vessel without first securing a fishing permit from
the Department and authorization from the coastal state.
(b) An owner or operator, and the three (3) highest officers, of a
commercial fishing vessel who commit acts that are in contravention of the
terms and conditions stated in the fishing permit or as may be promulgated
by the Department.

Note:
 The discovery of any person in possession of a fishing gear or
operating a fishing vessel in the abovementioned areas without a fishing
permit from the Department or authorization from the coastal state shall
constitute a prima facie presumption that the person is in violation of this
provision.

Penalties:
Upon a summary finding of administrative liability, the owner, operator,
and the three (3) highest officers of the commercial fishing vessel who violate
this section, shall be punished with confiscation of the catch and gear and
an 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 (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.
Upon conviction by a court of law, the three (3) highest officers of the
commercial fishing vessel shall suffer the penalty of imprisonment of six (6)
months and a fine equivalent to twice the amount of the administrative fine,
and confiscation of catch and gear.

4. Unreported Fishing
Section 89. Unreported Fishing. – It shall be unlawful for any person
to engage in unreported fishing or to fail to comply with the reportorial
requirements in Section 38 of this Code.

This prohibited act is committed by:

(a) Any person engage in unreported fishing or fail to comply with the
reportorial requirements in Section 38 of this Code.

Reportorial requirement:
Each commercial fishing vessel shall keep a daily record of fish catch
and spoilage, landing points, and quantity and value of fish caught, and off-
loaded for transshipment, sale and/or other disposal. Detailed information
shall be duly certified by the vessel's captain and transmitted monthly to the
officer or representative of the Department, at the nearest designated
landing point.

Penalties:
Upon a summary finding of administrative liability, the owner or
operator of the municipal or commercial fishing vessel and the three (3)
highest officers of the commercial fishing vessel who commit unreported
fishing within waters of national jurisdiction shall be punished by an
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 (P200,000.00) for medium-scale
commercial fishing; and
(4) Five hundred thousand pesos (P500,000.00) for large-scale
commercial fishing.
In case of unreported fishing committed in waters beyond national
jurisdiction, the owner, operator, and the three (3) highest officers of the
commercial fishing vessel shall be penalized with an 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 (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.
Upon conviction by a court of law, the three (3) highest officers of the
commercial fishing vessel shall suffer the penalty of imprisonment of six (6)
months and a fine equivalent to twice the amount of the administrative fine,
and confiscation of catch and gear.

5. Poaching in Philippine Waters

Section 91. Poaching in Philippine Waters. – It shall be unlawful for
any foreign person, corporation or entity to fish or operate any fishing
vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie presumption that the vessel is engaged in
fishing in Philippine waters.

This prohibited act is committed by:

(a) Any foreign person, corporation or entity who fish or operate any
fishing vessel in Philippine waters.

Note:
The entry of any foreign fishing vessel in Philippine waters shall
constitute a prima facie presumption that the vessel is engaged in fishing in
Philippine waters.

Penalties:
Upon a summary finding of administrative liability, any foreign person,
corporation or entity in violation of this section shall be punished by an
administrative fine of Six hundred thousand US dollars (US$600,000.00) to
One million US dollars (US$1,000,000.00) or its equivalent in Philippine
currency.
 Upon conviction by a court of law, the offender shall be punished with
a fine of One million two hundred thousand US dollars (US$1,200,000.00),
or its equivalent in Philippine currency, and confiscation of catch, fishing
equipment and fishing vessel.
If the offender is caught within internal waters, an additional penalty of
imprisonment of six (6) months and one (1) day to two (2) years and two (2)
months shall be imposed. 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$2,400,000.00) or its equivalent in Philippine currency: Provided, That
no foreign person shall be deported without the payment of the imposed
judicial and/or administrative fines and service of sentence, if any.

6. Fishing Through Explosives, Noxious or Poisonous Substance, or

Electricity
Section 92. Fishing Through Explosives, Noxious or Poisonous
Substance, or Electricity. – (a) It shall be unlawful for any person to
catch, take or gather or cause to be caught, taken or gathered fish or
any fishery species in Philippine waters with the use of explosives,
noxious or poisonous substance such as sodium cyanide, which will
kill, stupefy, disable or render unconscious fish or fishery species:
Provided, That the Department, subject to such safeguards and
conditions deemed necessary and with the endorsement from the
concerned LGUs, may allow, for research, educational or scientific
purposes only, the use of poisonous or noxious substances to catch,
take or gather fish or fishery species: Provided, further, That the use
of poisonous or noxious substances to eradicate predators and pests
in fishponds in accordance with accepted scientific practices and
without causing adverse environmental impact in neighboring waters
and grounds shall not be construed as illegal fishing.
(b) It shall be unlawful for any person to possess explosives, and
noxious or poisonous substances for illegal fishing.

This prohibited act is committed by:

(a) Any person who catch, take or gather or cause to be caught, taken
or gathered fish or any fishery species in Philippine waters with the use of
explosives, noxious or poisonous substance such as sodium cyanide, which
will kill, stupefy, disable or render unconscious fish or fishery species.
(b) Any person who possess explosives, and noxious or poisonous
substances for illegal fishing.

Note:
The Department, subject to such safeguards and conditions deemed
necessary and with the endorsement from the concerned LGUs, may allow,
for research, educational or scientific purposes only, the use of poisonous or
noxious substances to catch, take or gather fish or fishery species.
Furthermore, the use of poisonous or noxious substances to eradicate
predators and pests in fishponds in accordance with accepted scientific
practices and without causing adverse environmental impact in neighboring
waters and grounds shall not be construed as illegal fishing.

Penalties:
(a) Any person who catch, take or gather or cause to be caught, taken
or gathered fish or any fishery species in Philippine waters with the use
of explosives, noxious or poisonous substance such as sodium
cyanide, which will kill, stupefy, disable or render unconscious fish or
fishery species.

Upon a summary finding of administrative liability, any person found

liable for the actual use of explosives, noxious or poisonous substances shall
be punished with confiscation of catch including those not caught illegally if
co-mingled with those caught illegally, gear, explosives and noxious or
poisonous substances, or electrofishing devices and paraphernalia and
gear, and an administrative fine equivalent to five (5) times the value of the
catch or the amount of fine indicated below whichever is higher:
(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.
Upon conviction by a court of law, the offender shall be punished with
imprisonment from five (5) to ten (10) years, confiscation of catch, including
those not caught illegally if co-mingled with those caught illegally, gear,
explosives and noxious or poisonous substances, or electrofishing devices
and paraphernalia, gear, and a fine equivalent to twice the amount of the
administrative 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.
The actual use of electrofishing devices for illegal fishing shall be
punished with imprisonment of six (6) months and a fine of Five thousand
pesos (P5,000.00).

(b) Any person who possess explosives, and noxious or poisonous

substances for illegal fishing.
Upon a summary finding of administrative liability, the offender shall be
punished with confiscation of catch, gear, and an administrative fine
equivalent to five (5) times the 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.
Violation of this provision shall be punished with imprisonment from six
(6) months to two (2) years, and a fine equivalent to twice the amount of the
administrative fine and confiscation of catch and gear.
7. Ban on Muro-ami, Other Methods and Gear Destructive to Coral
Reefs and Other Marine Habitat

Section 97. Ban on Muro-ami, Other Methods and Gear

Destructive to Coral Reefs and Other Marine Habitat. – (a) It shall
be unlawful for any person, natural or juridical, to fish with gear or
method that destroys coral reefs, seagrass beds, and other fishery
marine life habitat as may be determined by the Department. ‘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 are also prohibited.
(b) Except in cases allowed by law, it shall be unlawful for any person,
natural or juridical, to gather, possess, commercially transport, sell or
export coral sand, coral fragments, coral rocks, silica, and any other
substances which make up any marine habitat.

This prohibited act is committed by:

(a) Any person, natural or juridical, who fish with gear or method that
destroys coral reefs, seagrass beds, and other fishery marine life habitat as
may be determined by the Department.
(b) Any person, natural or juridical, who gather, possess, commercially
transport, sell or export coral sand, coral fragments, coral rocks, silica, and
any other substances which make up any marine habitat.

Note:
‘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 are
also prohibited.

Penalties:
(a) Any person, natural or juridical, who fish with gear or method that
destroys coral reefs, seagrass beds, and other fishery marine life
habitat as may be determined by the Department.

Upon a summary finding of administrative liability, the owner, operator,

boat captain, master fisherman, and recruiter or organizer of fishworkers who
violate this provision shall suffer the penalty of an administrative fine
equivalent to five (5) times the value of the fish caught or Two million pesos
(P2,000,000.00), whichever is higher, and confiscation of catch and gear.
The fishworkers who serve as pounders shall be penalized with a fine of
Twenty thousand pesos (P20,000.00) or community service in case of failure
to pay the fine.
Upon conviction by a court of law, the boat captain, master fisherman,
and recruiter or organizer of fishworkers shall be punished with imprisonment
of two (2) years to ten (10) years and a fine equivalent to twice the amount
of the administrative fine.
(b) Any person, natural or juridical, who gather, possess, commercially
transport, sell or export coral sand, coral fragments, coral rocks, silica,
and any other substances which make up any marine habitat.

Upon a summary finding of administrative liability, the person or

corporation who violates this provision shall be punished with an
administrative 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.
Upon conviction by a court of law, the offender shall suffer the penalty
of imprisonment from two (2) years to ten (10) years and a fine equivalent to
twice the administrative fine, confiscation of catch or substances and
equipment or gear used.

8. Use of Fine Mesh Net

Section 93. Use of Fine Mesh Net. – It shall be unlawful to engage
in fishing using nets with mesh smaller than that which may be
determined by the Department: Provided, That the prohibition on the
use of fine mesh net shall not apply to the gathering of fry, glass eels,
elvers, tabios, and alamang and other species that by their nature are
small but already mature, as identified in the implementing rules and
regulations by the Department.

This prohibited act is committed by:

a) Any person who is engage in fishing using nets with mesh smaller
than that which may be determined by the Department : Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering of fry,
glass eels, elvers, tabios, and alamang and other species that by their nature
are small but already mature, as identified in the implementing rules and
regulations by the Department.

Note:
The discovery of a fine mesh net in a fishing vessel shall constitute a
prima facie presumption that the person or fishing vessel is engaged in
fishing with the use of fine mesh net.

Penalties:
Upon a summary finding of administrative liability, the Department shall
penalize the owner, operator, captain or master fisherman in case of
commercial fishing vessel, or the municipal fisherfolk, with confiscation of the
catch and fishing gear, and an 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
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.
Upon conviction by a court of law, the captain or master fisherman in
case of commercial fishing vessel, or the municipal fisherfolk, shall be
punished by imprisonment of six (6) months to two (2) years and a fine
equivalent to twice the administrative fine, and confiscation of catch and
gear.

Other Violations
The following are other prohibitions or violations under RA No. 10654:
1. Unregulated fishing
2. Use of fine mesh net
3. Fishing in Overexploited Fishery Management Areas.
4. Use of Active Gear in Municipal Waters, Bays and Other Fishery
Management Areas.
5. Ban on Coral Exploitation and Exportation.
6. Illegal Use of Superlights or Fishing Light Attractor.
7. Conversion of Mangroves.
8. Fishing During Closed Season.
9. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and
Sanctuaries.
10. Fishing or Taking of Rare, Threatened or Endangered Species.
11. Capture of Sabalo and Other Breeders/Spawners.
12. Exportation of Breeders, Spawners, Eggs or Fry.
13. Importation or Exportation of Fish or Fishery Species.
14. Violation of Harvest Control Rules.
15. Aquatic Pollution.
16. Failure to Comply with Minimum Safety Standards.
17. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and
Fish Cages.
18. Gathering and Marketing of Shell Fishes or Other Aquatic Species.
19. Obstruction to Navigation or Flow or Ebb of Tide in any Stream,
River, Lake or Bay.
20. Noncompliance with Good Aquaculture Practices.
21. Commercial Fishing Vessel Operators Employing Unlicensed
Fisherfolk, Fishworker or Crew.
22. Obstruction of Defined Migration Paths.
23. Obstruction to Fishery Law Enforcement Officer.
24. Noncompliance with Fisheries Observer Coverage.
25. Noncompliance with Port State Measures.
26. Failure to Comply with Rules and Regulations on Conservation and
Management Measures.
27. Noncompliance with Vessel Monitoring Measures.
28. Constructing, Importing or Converting Fishing Vessels or Gears
Without Permit from the Department.
29. Use of Unlicensed Gear.
30. Falsifying, Concealing or Tampering with Vessel Markings, Identity
or Registration.
31. Concealing, Tampering or Disposing of Evidence Relating to an
Investigation of a Violation.
32. Noncompliance with the Requirements for the Introduction of Foreign or
Exotic Aquatic Species.
33. Failure to Comply with Standards and Trade-Related Measures.
34. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish.

ADMINISTRATIVE ADJUDICATION

The Department of Agriculture

The DA is the leading government agency that has jurisdiction over all
fisheries and aquatic resources of the country, and all Philippine flagged
vessels operating in areas governed by a Regional Fisheries Management
Organization (RFMO). The Department shall cooperate with concerned
national agencies in the implementation of its jurisdiction.

The Department, through the DA-BFAR Director and Regional

Directors, may execute the following powers, without the necessity of judicial
order, over holders of a Fishpond Lease Agreement (FLA) or other tenurial
instrument, permit or license from areas of public domain, subject to the
requirements of administrative due process:

a) To issue Cease and Desist orders

b) To issue Summary Ejectment Orders.

The Director of the Bureau of Fisheries and Aquatic Resources (BFAR)

or his duly authorized representative may issue the following:

a) Notice of Violation to the offender or owner on record of the vessel or

gear upon apprehension or arrest of the offender, which shall inform
the offender of the:
1. Offense committed
2. Imposable penalties
3. Fact that he will be charged administratively before the
Adjudication Committee
4. Fact that he may offer a settlement;
b) Seizure Receipt to the offender containing a list of:
1. the fish, fishery species or aquatic resources that are subjects
or proceeds of the offense committed; and
2. all fishing equipment, paraphernalia and gears that may be
confiscated in favor of the Department, academic institutions
or Local Government Units (LGUs) or disposed, as provided
for by law.
The receipt shall be signed by the authorized representative of the
Bureau and a witness.

The disposition of confiscated items shall go as follows:

1. For living aquatic wildlife: turn-over to the aquatic wildlife rescue
centers recognized by the DA-BFAR for rehabilitation before
release to the wild;
2. For dead aquatic wildlife: turn-over to the nearest DA-BFAR
Regional or Provincial Fisheries Office; and
 3. For confiscated gears, paraphernalia and equipment: dispose in
accordance with guidelines promulgated by the Adjudication
Committee.

For both issuances, a Proof of Receipt should be signed by the

offender. If he does not want to sign the receipt, his reluctance shall be
indicated in the document and attested to by the authorized representative
of the Bureau and a witness.

The Adjudication Committee

The Department of Agriculture (DA), through the Adjudication

Committee, is empowered to impose the administrative fines and penalties
in Republic Act (R.A.) 8550, as amended by R.A. 10654. The Adjudication
Committee is composed of the:

a) Director of the BFAR, as Chairperson;

b) BFAR Assistant Director for Technical Services;
c) BFAR Assistant Director for Administrative Services;
d) Representative of the municipal fisherfolk sector in the National
Fisheries and Aquatic Resources Management Council (NFARMC);
and
e) Representative of the commercial fishing sector in the NFARMC.

The persons under letters (b) to (e) shall be designated by the

Secretary of Agriculture. To perform its mandate, the Adjudication
Committee will be supported by:

a) A secretariat in the national and regional offices of BFAR designated

by the BFAR Director from the BFAR; and
b) Hearing officers in the national and regional offices, who shall:
1. Receive pleadings, except the initiatory pleading or complaint;
2. Serve summons, subpoena, etc.;
3. Receive and evaluate evidence;
4. Review completeness of records before submission to the
Adjudication Committee for decision; and
5. Do other responsibilities the Committee may assign.
The personnel mentioned shall not be assigned any other task related
to regulation, licensing, or enforcement.

The Committee is mandated to:

a) Promulgate rules and regulations for the conduct of administrative

adjudication and disposition of confiscated paraphernalia within three
(3) months from its first regular meeting and after public consultation;
and
b) Issue subpoenas for production of evidence (duces tecum) and to
testify (ad testificandum) in administrative cases before it.

In addition, the Committee may impose the following as accompanying

administrative sanctions for serious violations of the Code:
 a) Confiscation of fishing gear
b) Impoundment of fishing vessel
c) Temporary suspension or permanent revocation of license or permit
d) Temporary or permanent ban from the availment of applicable duty and
tax rebates;
e) Inclusion in the Illegal, Unregulated and Unreported (IUU) fishing
vessel list;
f) Denial of entry and other port services
g) Blacklisting
h) Increase in the amount of fines – not to exceed five times the value of
the catch.

These sanctions will be calculated in a manner that is proportionate,

effective and dissuasive to deprive the offender of the economic benefits he
derived from the serious violation. The following will be taken into account in
applying the said sanctions:
a) Seriousness of the violation, as per Paragraph 82 of Section 4
b) Habituality or repetition of the violation, as when the offender was
previously convicted or found administratively liable of the same
offense or of three serious violations within a period of three years
c) Manner of commission
d) Severity of the impact on fishery resources and habitat
e) Socioeconomic impact
f) Cases of concealment or destruction of evidence, eluding arrest,
resisting lawful orders
g) Other analogous circumstances

The Adjudication Committee shall enter in a Fisheries National

Administrative Register all decisions, resolutions or orders involving the
violations of the Code, particularly serious violations committed by Philippine
flagged vessels or by Philippine nationals and cases on poaching or involving
foreigners, including the penalties imposed. The Register shall be publicly
available.

The Process of Summary Administrative Action

The Department itself or a verified complaint of any person filed before

the Committee, through the secretariat, will commence the summary
administrative action against any person who violates any order, rule or
regulation issued by the Department. The verified complaint must be
supported by affidavits of witnesses and documentary evidence.

An offender may avail of an offer to settle in two instances:

a) Before the commencement of any criminal action in court, with the

settlement penalty not lower than 30% of the minimum imposable
penalty; or
b) After the filing of an Answer or responsive pleading but before a
decision is rendered, with the settlement penalty not lower than 50%
of the imposable penalty.
 Another computation that may apply for the computation of the
administrative penalty is this:

Settlement Penalty = (Actual Gross Ton (GT) ÷ MAX GT)

× Compromise Rate × Amount of Minimum
Penalty

The offender may avail of the administrative settlement twice within a

three-year period of their license as a matter of right. Thereafter, the
acceptance of an offer to settle shall be decided upon by the Adjudication
Committee.

Except the Supreme Court, no court can issue a Temporary

Restraining Order (TRO) or writs of Preliminary Injunction and Preliminary
Mandatory Injunction against regulatory functions and lawful actions of
government agencies in support of the implementation of the Code.

The fines and penalties imposed pursuant to this Code shall constitute
a lien upon the personal and immovable properties of the violator. If the
offender is a fisherman or has no property that the Department may impose
a lien on, community service may be rendered in lieu of the fine upon his
application. Albeit the priority in choosing the method of community service
is that related to fishery or fishery resource management and conservation,
the service rendered should be in accordance with the:
a) Needs of the community where the offense is committed;
b) Fine;
c) Prevailing minimum wage in the community; and
d) Others.

Community services may include:

a) Planting of mangroves in mangrove areas or river embankments;

b) Rendering services for a certain period to a community-managed
mangrove nursery, marine finfish hatchery or community fish landing
center;
c) Capacitating the fisherfolks and their families, in the community where
the offense was committed, through the conduct of alternative
livelihood seminars, free health programs or medical missions, or
provision of educational materials;
d) Developing an information, education campaign material on fishery
and fishery resource management and conservation and
disseminating the same;
e) Participating in or undertaking a coastal clean-up operation; or
f) Organizing other activities that will redound to the benefit of the
community where the violation was committed.

Citizen’s Suits

Any citizen may file a civil, criminal or administrative action in the

proper courts or bodies against:
 a) Any person who violates or fails to comply with the provisions of this
Code, and its implementing rules and regulations;
b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; and
c) Any public officer who willfully or grossly neglects the performance of
a duty specifically enjoined by this Code and its implementing rules
and regulations; or abuses authority in the performance of duty; or, in
any manner improperly performs duties under this Code and its
implementing rules and regulations: Provided, however, That no suit
can be filed until after a 15-day notice has been given the public officer
and the alleged offender and no appropriate action has been taken
thereon.

Strategic Lawsuit Against Public Participation (SLAPP)

A SLAPP is a legal action filed to harass, vex, exert undue pressure,

or stifle any legal recourse that any person, institution, or the government
has taken or may take in the enforcement of this Code. The action shall be
governed by Rules 6 and 19 of the Rules of Procedure for Environmental
Cases.

The hearing on the defense of SLAPP shall be summary in nature and

shall be resolved within 30 days after the summary hearing. If the court
rejects the defense of a SLAPP, the evidence submitted during the hearing
shall be treated as evidence of the parties on the merits of the case. If the
court dismisses the action, it shall be without prejudice. The court may
award:
a) Damages;
b) Attorney’s fees; and
c) Costs of suit under a counterclaim, if such has been filed.

Jurisprudence

Salvador Araneta v. Hon. Magno Gatmaitan

FACTS:
The League of Municipal Mayors of municipalities near the San Miguel Bay,
between the provinces of Camarines Sur and Camarines Norte, manifested
in a resolution that they condemn the operation of trawls in the said area and
petitioned the President to regulate fishing in San Miguel Bay. In another
resolution, the same League prayed that the President ban the operation of
trawls in the San Miguel Bay area. In response to the pleas, the President
issued E.O. 22 to prohibit the use of trawls in San Miguel Bay. It was
amended by E.O. 66 in an answer to a resolution of the Provincial Board of
Camarines Sur recommending the allowance of trawl-fishing during the
typhoon season only. Subsequently, E.O. 80 was issued reviving E.O. 22.
Thereafter, a group of Otter trawl operators filed a complaint for injunction,
praying that the Secretary of Agriculture and Natural Resources and Director
of Fisheries be enjoined from enforcing E.O. 22 and to declare it void. The
Court held that until the trawler is outlawed by legislative enactment, it cannot
be banned from San Miguel Bay by execution proclamation and held that
E.O.s 22 and 66 are invalid.

ISSUES:
1. Whether the President has authority to issue E.O.s 22, 66 and 80
2. Whether the E.O.s were valid as they were not in the exercise of
legislative powers unduly delegated to the President

HELD:
1. YES. Under Sections 75 and 83 of the Fisheries law, the restriction and
banning of trawl fishing from all Philippine waters come within the powers
of the Secretary of Agriculture and Natural Resources. However, as the
Secretary of Agriculture and Natural Resources exercises his functions
subject to the general supervision and control of the President, the
President can exercise the same power and authority through E.O.s,
regulations, decrees and proclamations upon recommendation of the
Secretary concerned. Hence, E.O.s 22, 66 and 80 are valid.
2. YES. For the protection of fry or fish eggs and small immature fishes,
Congress intended, with the promulgation of the Fisheries Act, to prohibit
the use of any fish net or fishing devise like trawl nets that could endanger
and deplete our supply of seafood and, to that end, authorized the
Secretary of Agriculture and Natural Resources to provide by-regulations
and such restrictions as he deemed necessary in order to preserve the
aquatic resources of the land. When the President issued E.O. 80 in
response to the clamor of the people and authorities of Camarines Sur,
he did nothing but show an anxious regard for the welfare of the
inhabitants of said coastal province and dispose of issues of general
concern, which were in consonance and strict conformity with the law.

Alfredo Tano v. Salvador Socrates

FACTS:
On Dec 15, 1992, the Sangguniang Panglungsod ng Puerto Princesa
enacted an ordinance banning the shipment of all live fish and lobster outside
Puerto Princesa City from January 1, 1993 to January 1, 1998. Subsequently
the Sangguniang Panlalawigan, Provincial Government of Palawan enacted
a resolution prohibiting the catching , gathering, possessing, buying, selling,
and shipment of a several species of live marine coral dwelling aquatic
organisms for 5 years, in and coming from Palawan waters.
Petitioners filed a special civil action for certiorari and prohibition, praying
that the court declare the said ordinances and resolutions as unconstitutional
on the ground that the said ordinances deprived them of the due process of
law, their livelihood, and unduly restricted them from the practice of their
trade, in violation of Section 2, Article XII and Sections 2 and 7 of Article XIII
of the 1987 Constitution.

ISSUE: Are the challenged ordinances unconstitutional?

RULING:
NO. The Supreme Court found the petitioners contentions baseless and held
that the challenged ordinances did not suffer from any infirmity, both under
the Constitution and applicable laws. There is absolutely no showing that any
of the petitioners qualifies as a subsistence or marginal fisherman. Besides,
Section 2 of Article XII aims primarily not to bestow any right to subsistence
fishermen, but to lay stress on the duty of the State to protect the nation’s
marine wealth. The so-called “preferential right” of subsistence or marginal
fishermen to the use of marine resources is not at all absolute.
In accordance with the Regalian Doctrine, marine resources belong to the
state and pursuant to the first paragraph of Section 2, Article XII of the
Constitution, their “exploration, development and utilization...shall be under
the full control and supervision of the State.

In addition, one of the devolved powers of the LCG on devolution is the

enforcement of fishery laws in municipal waters including the conservation
of mangroves. This necessarily includes the enactment of ordinances to
effectively carry out such fishery laws within the municipal waters. In light of
the principles of decentralization and devolution enshrined in the LGC and
the powers granted therein to LGUs which unquestionably involve the
exercise of police power, the validity of the questioned ordinances cannot be
doubted.

Hon. Arsenio Roldan, Jr. v. Hon. Francisco Arca and Morabe, De

Guzman and Company

FACTS:
Respondent company filed a case against Fisheries Commissioner Arsenio
N. Roldan, Jr. for the recovery of fishing vessel Tony Lex VI which had been
seized and impounded by petitioner Fisheries Commissioner through the
Philippine Nay. The CFI Manila granted it, thus respondent company took to
possession of the vessel Tony Lex VI. Petitioner requested the Philippine
Navy to apprehended vessels Tony Lex VI and Tony Lex III, also respectively
called Srta. Winnie and Srta. Agnes, for alleged violations of some provisions
of the Fisheries Act. On August 5, or 6, 1965, the two fishing boats were
actually seized for illegal fishing with dynamite.

ISSUE: Whether the seizure of the vessel, its equipment and dynamites
therein was valid

RULING:
YES. Under Section 13 of Executive Order no. 389 of December 23, 1950,
reorganizing the Armed Forces of the Philippines, the Navy has the function,
among others, "to assist the proper governmental agencies in the
enforcement of laws and regulations pertaining to . . . fishing. . .". Search and
seizure without search warrant of vessels and aircraft for violations of the
custom laws have been the traditional exception to the constitutional
requirement of a search warrant, because the vessel can be quickly moved
out of the locality in which the search warrant must be sought before such
warrant could be secured; hence, it is not practicable to require a search
warrant before such search or seizure can be constitutionally effected.
Another exception to the constitutional requirements of a search warrant for
a valid search and seizure is a search or seizure as an incident of a lawful
arrest. Under our Rules of Court a police officer or a private individual may,
without a warrant, arrest a person (a) who has committed, is actually
committing or is about to commit an offense in his presence; (b) who is
reasonably believed to have committed an offense which has been actually
committed; or (c) who is a prisoner who has escaped from confinement while
serving a final judgment or from temporary detention during the pendency of
his case or while being transferred from one confinement to another (Sec. 6,
Rule 113, Revised Rules of Court). Where the members of the crew of fishing
vessels were caught in flagrante illegally fishing with dynamite and without
the requisite license, their apprehension without a warrant of arrest while
committing a crime was lawful. Consequently, the seizure of the vessel, its
equipment and dynamites therein was equally valid as an incident to a lawful
arrest.

Commissioner of Customs v. Court of Appeals and Hon. Arsenio

Gonong

FACTS:
The vessel M/V “Star Ace”, coming from Singapore laden with cargo, entered
the port of San Fernando, La Union for needed repairs.

The Bureau of Customs because suspicious and issued warrants of seizure

and detention for the vessel and its cargo. Urbino, Sr. does not own the
vessel or any of its cargo. He thus filed a Motion to Dismiss and a Motion to
Lift Warrant of Seizure and Detention. Apparently, Urbino sought relief with
the regular courts by filing a case for Probation, Mandamus and damages
before the RTC of San Fernando. The RTC dismissed the case for lack of
jurisdiction because of the pending seizure and detention of cases on
January 31, 1991.

Urbino claimed to be the owner of the vessel and sought to restrain in the
PPA and the Bureau of Customs from interfering with his rights as owner.
Remedy was not with the RTC, but with the CA where the seizure and
detention cases are now pending and where he was already allowed to
intervene.

CA disposed all 3 petitions in favor of Urbino. All 3 petitions were

consolidated for certiorari that was granted.

ISSUE: Whether the RTC are precluded from issuing mandamus, certiorari
or prohibition over seizure and forfeiture proceedings

RULING:
YES. The Collector of Customs has exclusive jurisdiction over seizure and
forfeiture proceedings, and trial courts are precluded from assuming
cognizance over such matters even through petitions for certiorari,
prohibition or mandamus. The forfeiture proceedings are in the nature of
proceedings in rem and jurisdiction was obtained from the moment the
vessel entered Philippine waters.

Sea Lion Fishing Corporation v. People of the Philippines

FACTS:
This is a petition for review on Certiorari assailing the decision of CA in
denying the Motion for Reconsideration and petition for Certiorari and
Mandamus. Here, 17 Chinese fishermen were caught poaching off Mangsee
Island in Palawan. The barangay officials and team of Philippine Marines
found F/V Sea Lion with five boats having fishing nets spread over the water.
The court filed various cases against the Chinese fishermen to wit: violation
of 977 of R.A. 8550; Violation of section 90 of R.A. 8550; violation of Section
27 (a) and (f) of R.A. 91417; and section 87 of R.A. 8550. F/V Sea Lion filed
an Urgent Motion for Release of Evidence alleging that it owns the vessel.
The court released the vessel, but later, the court found out that the evidence
of ownership of Sea Lion was not supported by documents. Therefore, the
government forfeited the vessel

ISSUE: Whether the forfeiture of F/V Sea Lion in favor of the government
was proper

RULING:
YES. The government was correct when it forfeited the S/V Sea Lion since
its motion was filed after the judgment has been rendered and it failed to
seek all remedies given the sufficient time to do so. The lower court had
jurisdiction over the case and the petitioner was not denied due process. In
addition, they failed to comply with the other requirements provided in the
law.