Professional Documents
Culture Documents
The Integrated Coastal Resources Management Project (ICRMP), United States Agency for International
Development (USAID) & US-Department of Interior (US-DOI)
2013
iii
PROCESO J. ALCALA
Secretary
Message by the Secretary of the Department of the Interior and Local Government
The publication of the Manual on Environmental Law Enforcement in Coastal and Marine Areas is a major step towards protecting
and preserving the marine resources of our archipelago as they continue to be beset with internal and external threats.
As late as mid-2011, the Philippines was listed as one of the worlds most bio-diverse places---but intrusive human activities, including
coastal degradation, have made our marine treasures one of the most-threatened in the world. Our mangrove, coral reef, seagrass,
forest, agro, peatland and freshwater ecosystems are on a precipitous decline. The rate of extinction of our indigenous marine species
is said to be 1,000 times the natural rate; and is thus described as a silent crisis.
The Manual is a solid contribution to the determined efforts of the Aquino Administration, and of our present and rising generations, to
begin the difficult task of reversing the trend and infusing real hope in the long process of recovery.
For one, the Manual guides law enforcement officers in spotting violations of environmental laws, and prescribes procedures for arrest,
search, seizure and the filing of cases. Further, it binds all concerned government agencies tasked with protecting the environment, as
well as local coastal communities, which are our partners in this all-important undertaking, to an approach that clearly defines roles and
responsibilities.
Congratulations to Secretary Ramon Paje of the Department of Environment and Natural Resources for this worthy project, and to all
those who spearheaded this enterprise---in particular the Coastal and Marine Management Office of the Protected Areas and Wildlife
Bureau, and Tanggol Kalikasan, Inc.
Mabuhay po tayong lahat!
MAR A. ROXAS
Secretary
Table of Contents
About this Manual
Acknowledgements
iii
Acronyms
vii
1
Chapter 1. Laws Applicable to Environmental Law Enforcement in Coastal and Marine Areas
Chapter 2. Government Agency Mandates, Functions & Roles
in Environmental Law Enforcement in Coastal and Marine Areas
4
11
13
14
18
19
20
21
Chapter 3. Environmental Laws Possibly Violated by Illegal and Destructive Activities in Coastal and Marine Areas
23
23
24
24
26
27
29
29
29
I. Water Pollution
J. Wildlife Violations
30
32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
33
33
58
60
96
111
147
155
160
164
213
233
233
241
243
255
Chapter 6. Cases
257
257
258
259
265
265
267
268
269
270
272
vii
Annexes
275
Annex 1. Full Provisions of Prohibited Acts in Environmental Laws Applicable to Coastal and Marine Areas
275
A. Fisheries
B. Wildlife
C. Water Pollution
D. Environmental Impact Statement System
E. Forestry
F. Protected Areas
G. Water Code of the Philippines (Presidential Decree 1067)
275
282
283
289
290
291
292
293
Basic Forms
Fisheries Law Enforcement Forms (RA 8550)
Wildlife Law Enforcement Forms (RA 9147)
Forestry Forms (PD 705) for Mangroves
EMB Forms for Water Sampling
293
303
325
341
344
Annex 3. List of Fishery Administrative Orders Relevant to Coastal and Marine Environmental Law Enforcement
346
354
356
356
358
360
1. Investigation Procedure
2.General Surveillance Procedure
3.General Regulatory Monitoring Procedure
360
361
362
363
364
365
367
368
371
372
373
374
375
376
377
378
379
380
381
382
Annex 7. List of threatened wildlife species in accordance with DENR Administrative Order 2004-15
383
Annex 8. List of threatened plants and other wildlife species in accordance with DENR Administrative Order 2007-01
390
409
416
416
439
441
442
443
Index
444
ix
1.
1. Capture of
eggs
or fry
In breeders,
addition tospawners,
the Manual,
a Field
Guide which consists of Chapters 3 and 4 of the Manual is printed separately to serve as
useful and handy reference for the coastal law enforcers on field covering lists of illegal and destructive activities in coastal and marine
areas, including elements, recommended evidences, penalties, and case venue of prohibited acts.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
ii
Acknowledgments
iii
Technical review and editing were made by the authors with the invaluable participation of other members of the Technical
Working Group: Atty. Emilio D. Vidad of the DENR Legal Service and Atty. Alton Durban, legal consultant of PAWB.
Special mention should also be made of the valuable input of resource persons, who we call consultant-participants, who
willingly shared their time and participation in the regional and national consultations and acted as technical reviewers of several drafts
of the Manual.
B. From
Failure
toDENR:
Comply with Report Requirements
the
DENR Regional Technical Directors for Protected Areas and Wildlife Coastal Zone Management (PAWCZMS)
Chiefs of the Coastal and Marine Management Divisions (CMMD)
Provincial Environment and Natural Resources Officers (PENROs)
Coastal Community Environment and Natural Resource Officers (CENROs)
From the DA:
of Fisheries
and Aquatic
Resources
(BFAR)
C. Bureau
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
Fish or Fishery Products
Provincial Fisheries Officers (PFOs)
1. Capture
breeders, spawners, eggs or fry
From theofDILG:
iv
Acronyms
3. Failure to Comply with Standards
A&D
Alienable and disposable
AFP
Armed Forces of the Philippines
BFAR
Bureau of Fisheries and Aquatic Resources
BP
Batas Pambansa
CBFMA
Community-Based
Forest
Management
Agreement
4. Fishing in overexploited
or fishery
management
areas
CENRO
Community Environment and Natural Resources Officer
CIDG
Criminal Investigation and Detection Group
CITES
Convention on International Trade of Endangered Species
CMMO
Coastal and Marine Environment Management Office
CRMP
Community Resource Management Plan
DA
Department of Agriculture
DAO
DENR Administrative Order
5. Fishing without
license orofnecessary
permits
or not Resources
complying with documentary requirements
DENR
Department
Environment
and Natural
DENRO
Deputized Environment and Natural Resources Officer
DILG
Department of Interior and Local Government
DOH
Department of Health
DOJ
Department of Justice
DOST
Department of Science and Technology
DOTC
Department of Transportation and Communications
6. Intrusion of licensed
and unlicensed
fishers in municipal waters
DTI
Department
of Trade andcommercial
Industry
ECC
Environmental Compliance Certificate
ECA
Environmentally Critical Area
ECP
Critical Project
7. Marketing andEnvironmentally
buying illegally-caught
fish & fishery species
EEZ
Exclusive Economic Zone
EIA
Environmental Impact Assessment
EIS
Environmental Impact Statement
EMB
Environmental Management Bureau
EO
Executive Order
FAO
Fisheries Administrative Order
FARMC
Fisheries and Aquatic Resources Management Council
FED
Firearms and Explosives Division
FLA
Foreshore/Fishpond Lease Agreement
FMB
Forest Management Bureau
GPS
Global Positioning System
LGU
Local Government Unit
MAO
Municipal Agriculture Officer
MARINA
Marine Industry Authority
MGB
Mines and Geosciences Bureau
B. NAMRIA
Failure to ComplyNational
with Report
Requirements
Mapping
and Resource Information Authority
NBI
National Bureau of Investigation
ICC
Indigenous Cultural Community
IP
Indigenous People
IPRA
Indigenous Peoples Rights Act
IRR
Implementing Rules and Regulations
NCIP
National Commission on Indigenous Peoples
Nationaland
Integrated
Area System
C. NIPAS
Illegal Fishing Activities
DealingProtected
in Illegally-Caught
Fish or Fishery Products
OG
Official Gazette
PA
Protected Area
1. Capture
of breeders,
spawners,
eggs orBoard
fry
PAB
Pollution
Adjudication
PAMB
Protected Area Management Board
PASu
Protected Area Superintendent
PAWB
Protected Areas and Wildlife Bureau
PCSD
Palawan Council for Sustainable Development
PCG
Philippine Coast Guard
PD
2. Construction
and Presidential
Operation ofDecree
Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO
Provincial Environment and Natural Resources Officer
PNP
Philippine National Police
PWRCC
Palawan Wildlife Rescue and Conservation Center
RA
Republic Act
RED
Regional Executive Director
RPC
Revised Penal Code
SLAPP
Strategic Lawsuit Against Public Participation
WEO
Wildlife Enforcement Officer
vi
vii
Republic Act No. 7611: Strategic Environmental Plan for Palawan Act
Republic Act No. 7942: The Philippine Mining Act
Republic Act No. 8550: Philippine Fisheries Code of 1998
Republic Act No. 8749: Philippine Clean Air Act of 1999
Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
Republic Act No. 9147: Wildlife Resources Conservation and Protection Resources Act
Republic Act No. 9275: Philippine Clean Water Act
Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 9993: Philippine Coastguard Law of 2009
B. Failure to Comply with Report Requirements
Administrative Orders
DENR Administrative Orders
DAO No. 80, Series of 1987: Regulations Governing the Measurement, Assessment and Payment of Forest Charges on Timber and
Other Forest Products
DAO No. 29, Series of 1992: Implementing Rules and Regulations of Republic Act No. 6969
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
DAO No. 10, Series of 1998: Guidelines on the Establishment and Management of CBFM Projects within Mangrove Areas
DAO No. 40, Series of 1996: Revised Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the
1. Capture
ofMining
breeders,
spawners,
eggs or fry
Philippine
Act of
1995
DAO No. 30, Series of 2003: Implementing Rules and Regulations of Presidential Decree No. 1586, Establishing the Philippine
Environmental Impact Statement System
DAO No. 15, Series of 2004: Establishing the list of Terrestrial threatened species and their categories, and the list of other wildlife
species pursuant to Republic Act No. 9147, otherwise known as the wildlife resources conservation and protection act of 2001
DAO No. 36, Series of 2004: Revised Procedural Manual on Hazardous Waste Management
DAO No. 01, Series of 2007: Establishing The National List Of Threatened Philippine Plants And Their Categories, And The List Of
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Other Wildlife Species
DAO No. 26, Series of 2008: Revised Implementing Rules and Regulations of Republic Act No. 7586 or the National Integrated
Protected Areas System Act
DAO No. 21, Series of 2010: Providing for a Consolidated Department of Environment and Natural Resources Administrative Order for
Implementing Rules and Regulations of Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995"
viii
5. Fishing without license or necessary permits or not complying with documentary requirements
Opinions
Department of Justice Opinion No. 23, Series of 1994: Interpreting RA 7161, the prohibition on all types of cutting of mangroves
Supreme Court Administrative Matters
A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Resolutions
Pollution Adjudication Board Resolution No. 01, Series of 2010: Revised Rules of the Pollution Adjudication Board (PAB) On Pleading,
Practice
and Procedure
in Pollution
Cases fish & fishery species
7. Marketing
and buying
illegally-caught
ix
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Chapter 1.
The Ecological Solid Waste Management Act of 2000 (Republic Act 9003) is also known as An Act Providing For An
Ecological Solid Waste Management Program, Creating The Necessary Institutional Mechanisms And Incentives, Declaring Certain
Acts Prohibited And Providing Penalties, Appropriating Funds Therefor, And For Other Purposes. It provides the legal framework for
the countrys systematic, comprehensive and ecological solid waste management program to protect public health and the
1 overexploited or fishery management areas
4. Fishing in
environment.
An Act Establishing an Environmental Impact Statement System, Including Other Environmental Management Related
Measures and for Other Purposes (Presidential Decree 1586) established an Environmental Impact Statement System founded and
based on the environmental impact statement (EIS) required, under Section 4 of Presidential Decree 1151, of all agencies and
instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations,
firms and entities, for every proposed project and undertaking significantly affecting environmental quality. 2 The EIS contains the
environmental impact of every proposed action, project or undertaking, its potential adverse environmental effect and alternatives to the
5. Fishing without license or necessary permits or not complying with documentary requirements
proposed activity. 3
The Marine Pollution Decree of 1976 (Presidential Decree 979) embodies the national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine
life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. 4
The Philippine
Act (Republic
Act 7942),
or Anin Act
Instituting
a New System of Mineral Resources Exploration,
6. Intrusion
of licensedMining
and unlicensed
commercial
fishers
municipal
waters
Development, Utilization, and Conservation, governs mineral resource exploration, development, utilization and conservation through
the combined efforts of the government and private sector to enhance national growth while effectively safeguarding the environment
and protecting the rights of affected communities 5.
7. Marketing and buying illegally-caught fish & fishery species
In 1992, the National Integrated Protected Areas System (NIPAS) Act (Republic Act 7586), otherwise known as An Act
Providing for the Establishment and Management of National Integrated Protected Areas System, Defining Its Scope and Coverage,
and for Other Purposes, was enacted. It provided for the classification and administration of outstandingly remarkable areas and
biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, designated as "protected areas." 6 The following categories of protected
areas were established: strict nature reserves, natural parks, natural monuments, wildlife sanctuary, protected landscapes and
seascapes, resource reserves, natural biotic areas, and other categories established by law, conventions or international agreements
to which the Philippine Government is a signatory. 7
The Philippine Clean Water Act of 2004 (Republic Act 9275), or An Act Providing For A Comprehensive Water Quality
Management And For Other Purposes, addressed the long-standing need for abatement and control of water pollution from land-based
sources, water quality standards and regulations, and civil liability and penal provisions for pollution from any source. 8 To achieve its
objective, the law provides for a comprehensive and integrated strategy through a multi-sectoral and participatory approach involving all
the stakeholders. 9
In relation to coastal and marine law enforcement, the Philippine Fisheries Code of 1998 (Republic Act 8550), also known as
An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws
Pertinent Thereto, And For Other Purposes, aims to conserve, protect and sustain management of the country's fishery and aquatic
B. Failure to Comply with Report Requirements
resources and improve productivity of aquaculture within ecological limits. 10 The provisions of this Code is enforced in all Philippine
waters, the country's Exclusive Economic Zone (EEZ) and the continental shelf; all aquatic and fishery resources whether inland,
coastal or offshore fishing areas, including, but not limited to, fishponds, fish pens/cages; and all lands devoted to aquaculture, or
businesses and activities relating to fishery, whether private or public lands. 11
The Revised Forestry Code of the Philippines (Presidential Decree 705) of the Philippines, as amended by PD 1559, PD 865,
PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and 83 O.G. No. 31, regulates the classification, management, and utilization of
ofFishing
the public
domain, and
with Dealing
emphasis
the protection, rehabilitation
andProducts
development of forest lands. 12
C.lands
Illegal
Activities
inon
Illegally-Caught
Fish or Fishery
The Small-Scale Mining Act (Republic Act 7060) or An Act Creating A Peoples Small-Scale Mining Program And For Other
1. Capture of breeders, spawners, eggs or fry
Purposes promotes, develops, protects and rationalizes viable small-scale mining activities to generate employment opportunities and
provide equitable sharing of the nations wealth and natural resources 13.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act 6969) is also known as An Act
To Control Toxic Substances And Hazardous And Nuclear Wastes, Providing Penalties For Violations Thereof, And For Other
Purposes. It regulates, restricts or prohibits the importation, manufacture, processing, sale, distribution, use and disposal of chemical
14
andand
mixtures
that of
present
unreasonable risk
to health
2. substances
Construction
Operation
Fish Corrals/Traps,
Fishand/or
Pens injury
and Fish
Cagesor the environment. It likewise prohibits the entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippines.
In 1976, the Philippine President promulgated the Water Code of the Philippines (Presidential Decree 1067), A Decree
Instituting A Water Code, Thereby Revising And Consolidating The Laws Governing The Ownership, Appropriation, Utilization,
Exploitation, Development, Conservation And Protection Of Water Resources as the basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of water resources and rights to land related to it. 15
The Wildlife Resources Conservation and Protection Act (Republic Act 9147), also known as An Act Providing For The
Conservation And Protection Of Wildlife Resources And Their Habitats, Appropriating Funds Therefor And For Other Purposes, was
promulgated
in Comply
2001 to conserve
and protect wildlife species and their habitats, and regulate the collection and trade of wildlife. 16 The
3. Failure to
with Standards
provisions of the Act are enforceable for all wildlife species found in all areas of the country, including protected areas under the NIPAS
Act, and critical habitats. This Act also applies to exotic species which are traded, cultured, maintained and/or bred in captivity or
propagated in the country. 17 Under this law, the DENR has jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of
Agriculture, on the other hand, has jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited
4. Fishing in overexploited or fishery management areas
to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The Palawan Council for Sustainable Development
(PCSD), pursuant to RA No. 7611 (Strategic Environmental Plan for Palawan Act), is responsible for the application of the law on all
wildlife found in Palawan. 18
5. Fishing without license or necessary permits or not complying with documentary requirements
Chapter 2.
Manages and protects the countrys natural resources (EO 292 and Sec. 4, EO 192)
Keeps an updated inventory of chemicals that are presently being manufactured or used indicating information relevant to the
protection of health and the environment (Sec. 6(a) RA 6969)
c. Conducts inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after
their commercial distribution and makes recommendations to the proper authorities concerned (Sec. 6, RA 6969)
4. Fishing
in overexploited
or fishery
management
areas within said acts and cannot be enjoined except after the chemicals have
d. Confiscates
or impounds
chemicals
found not falling
been impounded (Sec. 6, RA 6969)
e. Monitors and prevents the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country (Sec. 6,
RA 6969)
f.
Subpoenas witnesses and documents and requires other information if necessary to carry out the provisions of RA 6969
(Sec. 6, RA 6969)
g. Calls on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for
assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions (Sec. 6,
5. Fishing
RA without
6969) license or necessary permits or not complying with documentary requirements
h. Disseminates information and conducts educational awareness campaigns on the effects of chemical substances, mixtures
and wastes on health and environment (Sec. 6, RA 6969)
i.
Exercises such powers and perform such other functions as may be necessary to carry out its duties and responsibilities
under RA 6969 and RA 9003 (Sec. 6, RA 6969 and Sec. 8 (h), RA 9003)
j.
Prepares and distribute information, education and communication materials on solid waste management (Sec. 8, RA 9003)
k. Provides technical and other capability building assistance and support to the LGUs in the development and implementation
6. Intrusion
of solid
licensed
and
unlicensedplans
commercial
fishers
in municipal
waters
of local
waste
management
and programs
(Sec.
8, RA 9003)
l.
Recommends policies to eliminate barriers to waste reduction programs (Sec. 8, RA 9003)
m. Exercises visitorial and enforcement powers to ensure strict compliance with RA 9003 and its Implementing Rules and
Regulations
(Sec. 8,
RA 9003)
7. Marketing
and buying
illegally-caught
fish & fishery species
n. Issues rules and regulations to effectively implement the provisions of RA 9003 (Sec. 8, RA 9003)
o. Formulates and implements the Integrated Air Quality Improvement Framework for a comprehensive air pollution
management and control program (Sec. 7, RA 8749)
p. Formulates and implements an air quality control action plan (Sec. 8, RA 8749)
q. Designates non-attainment areas (Sec. 10, RA 8749)
r. Issues and from time to time revises information on air pollution control techniques (Sec. 11, RA 8749)
s. Reviews and/or revises and publishes annually a list of hazardous air pollutants with corresponding ambient guideline values
and/or standard (Sec. 12, RA 8749)
t.
Imposes on and collects regular emission fees from industrial dischargers as part of the emission permitting system or vehicle
registration renewal system, as the case may be (Sec. 13, RA 8749)
u. Administers an air quality management fund (Sec. 14, RA 8749)
v. Issues permits for the prevention and abatement of air pollution ( Sec. 16, RA 8749)
w. Implements emission quotas under the programmatic EIA system (Sec. 17, RA 8749)
x. Reviews, revises, publishes emission standards (Sec. 19, RA 8749)
y. Promotes the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes (Sec. 20,
RA 8749)
B. Failure
Complyrevises
with Report
Requirements
z. to
Reviews,
and publishes
the motor vehicle standards every two (2) years, or as the need arises
aa. In collaboration with the DOTC, DTI and LGUs, develops an action plan for the control and management of air pollution from
motor vehicles consistent with the Integrated Air Quality Framework (Sec. 21, RA 8749)
bb. Issues Certificates of Conformity (CoC) as a requisite to the registration of any imported new or locally-assembled new motor
vehicle to ensure compliance with emission standards set pursuant to the Clean Air Act (Sec. 22, RA 8749)
cc. In coordination with appropriate agencies, formulates and establishes the necessary standards for all mobile sources other
than motor vehicles of this Act (Sec. 25, RA 8749)
dd.Fishing
Publishes
a list of and
substances
are known to cause
harmful
effects
on the stratospheric ozone layer (Sec. 30, RA 8749)
C. Illegal
Activities
Dealingwhich
in Illegally-Caught
Fish or
Fishery
Products
ee. Together with concerned agencies and local government units, prepares and fully implements a national plan consistent with
the United Nations Framework Convention on Climate Change and other international agreements, conventions and
1. Capture protocols
of breeders,
spawners,
or fry
on the
reductioneggs
of greenhouse
gas emissions in the country (Sec. 31, RA 8749)
ff. Establishes an inventory lists of all sources of Persistent Organic Pollutants (POPs) in the country and develop short-term and
long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list (Sec. 32, RA 8749)
gg. Provides the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to
undertake full administration of the air quality management and regulation within their territorial jurisdiction (Sec. 36, RA 8749)
hh. Requires
person who
owns
or operates any
emissions
source
who is subject to any requirement of the Clean Air Act to
2. Construction
andany
Operation
of Fish
Corrals/Traps,
Fish
Pens and
Fish or
Cages
keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 38, RA 8749)
ii. Promotes a continuing air quality information and education campaign together with the Department of Education, Culture
and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and
the Philippine Information Agency (PIA) (Sec. 39, RA 8749)
jj. On its own instance or upon verified complaint by any person, institutes administrative proceedings against any person who
violates: (a) Standards or limitation provided under the Clean Air Act; or (b) Any order, rule or regulation issued by the DENR
with respect to such standard or limitation (Sec. 40, RA 8749)
kk. Together with the DOTC, DTI, DOST, PNP and other concerned agencies and private entities design a training program on
emission standards and regulations for all law enforcement officials and deputized agents (Sec. 46, RA 8749)
ll.
In coordination with National Water Resources Board (NWRB), designates certain areas as water quality management areas
(Sec. 5, RA 9275)
mm. Designates
water
as non-attainment areas, or portions thereof, where specific pollutants from either natural or man3. Failure
to Comply
withbodies
Standards
made sources have already exceeded water quality guidelines for the exceeded pollutants (Sec. 6, RA 9275)
nn. Prepares and implements a program that will not allow new sources of exceeded water pollutant in non-attainment areas
without a corresponding reduction in discharges from existing sources (Sec. 6, RA 9275)
oo. In coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other
concerned government agencies and private sectors, undertakes such measures as may be necessary to upgrade the quality
4. Fishing in overexploited or fishery management areas
of such water in non-attainment areas to meet the standards under which it has been classified (Sec. 6, RA 9275)
pp. Administers a water quality management fund (Sec. 9, RA 9275)
qq. Implements a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial
Centers through the collection of wastewater charges/fees (Sec. 13, RA 9275)
rr. Requires owners or operators of facilities that discharge regulated effluents pursuant to the Clean Water Act to secure a
permit to discharge (Sec. 14, RA 9275)
ss. Conducts containment, removal and clean-up operations, in the event emergency clean-up operations are necessary and the
polluter
fails license
to immediately
undertake
the same
(Sec.
16, RA 9275)
5. Fishing
without
or necessary
permits
or not
complying
with documentary requirements
tt. Requires any person who owns or operates any emissions source or who is subject to any requirement of the Clean Water
Act to keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 23, RA 9275)
uu. Institutes, on its own instance or upon verified complaint by any person, administrative proceedings in the proper forum
against any person who violates: a) Standards or limitations provided by the CWA; or b) By any such order, rule or regulation
issued by the DENR with respect to such standard or limitation (Sec. 30, RA 9275)
Intrusion
licensed and unlicensed
commercial
fishers(EO
in municipal
waters
4. 6.MINES
ANDofGEOSCIENCES
BUREAU (Regional
Offices)
192)
a.
Requires the contractor to remedy any practice connected with mining or quarrying operations, which is not in accordance
with safety and anti-pollution laws and regulations
b. Summarily
suspends
the mining or fish
quarrying
operations,
7. Marketing
and buying
illegally-caught
& fishery
speciesin case of imminent danger to life or property, until the danger is
removed, or appropriate measures are taken by the contractor or permittee
c. Requires Environmental Impact Assessment for mining and quarry projects
d. Requires technical and biological rehabilitation of excavated mined-out, tailings covered and disturbed areas to the condition
of environmental safety
5. POLLUTION ADJUDICATION BOARD (PAB Resolution No. 01, Series of 2010)
a.
Issues orders or decisions to compel compliance with the provisions of the Clean Water Act (then PD 984) and its
implementing rules and regulations only after proper notice and hearing
b.
Makes, alters or modifies orders requiring the discontinuance of pollution specifying the conditions and the time within which
such discontinuance must be accomplished
c. Issues, renews, or denies permits, under such conditions as it may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal system or parts thereof
d. Serves as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution
e. Deputizes in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of
enforcing the Clean Water Act (then PD 984) and its implementing rules and regulations and the orders and decisions of the
Commission [now PAB]
B. Failure
Comply such
with Report
f. to
Exercises
powers Requirements
and perform such other functions as may be necessary to carry out its duties and responsibilities
under this Decree
g. Issues to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be
necessary for the enforcement of such decisions or orders
h. Promulgates rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of the
Department
i.
Recommends to the DENR Secretary the imposition of fines for acts of omission prohibited under Section 27 of the Clean
Water Act
(CWA) and Dealing in Illegally-Caught Fish or Fishery Products
C. Illegal Fishing
Activities
j.
Recommends to the DENR Secretary the issuance of Cease and Desist Oder for acts and omission prohibited under Section
27 of the CWA
1. Capture
of breeders, spawners,
eggs or fry of development or construction, or cessation of operations, or where appropriate,
k. Recommends
closure, suspension
disconnection of water supply under Sec. 28 of the CWA
l.
Recommends filing of criminal charges against violators of acts prohibited by Sec. 28 of the CWA
m. Recommends to the DENR Secretary that the Local Water District or private water supplier be formally requested to
disconnect its water services to the violator of the CWA
n. Revokes or suspends a discharge permit
o. Determines
liability forofclean-up
2. Construction
and Operation
Fish Corrals/Traps, Fish Pens and Fish Cages
6. DENR FIELD OFFICES WHICH REFER TO THE REGIONAL, PROVINCIAL AND COMMUNITY OFFICES (SEC. 20, EO 192)
a.
b.
c.
Implement laws, policies, plans, programs, projects, rules and regulations of the DENR to promote the sustainability and
productivity of natural resources, social equity in natural resource utilization and environmental protection
Coordinate with regional offices of other departments, offices, agencies in the region and local government units in the
enforcement of natural resource conservation laws and regulations, and in the formulation/implementation of natural
resources programs and projects
Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development
plans for the conservation, utilization and replacement of natural resources
d.
Perform other functions as may be assigned by the Secretary and/or provided by law
Failure to Comply
with Standards BOARD (PAMB) (RA 7586)
7. 3.
PROTECTED
AREA MANAGEMENT
a.
Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11, RA
7586)
b. Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the Manual
4. Fishing
in overexploited
or fishery management
areas
of Operations
for the management
of the protected
area (Rule 12, DAO 2008-26)
c. Facilitates the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
d. Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and Protection
Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
e. Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 2008-26)
f.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
ADSDPP (Rule 12, DAO 2008-26)
5. Fishing
without
or necessary
permits
complying
with
documentary
requirements
g. Monitors
andlicense
assesses
the performance
of or
thenot
PASu
and other
protected
area personnel
and compliance of partners to the
terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
h. Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCs/IPs but
excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
i.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
8. 6.
PROTECTED
SUPERINTENDENTS
(PASU) (DAO
2008-26)
Intrusion of AREA
licensed
and unlicensed commercial
fishers
in municipal waters
a.
Primarily accountable to the PAMB and the DENR for the implementation of the Management Plan and operations of the
protected area
b. Enforces rules and regulations to protect the area from trespassing, damage, vandalism and illegal occupancy
7. Marketing
and
fish
speciesitems
c. In cases
ofbuying
seizure,illegally-caught
assumes custody
of &
thefishery
apprehended
d. Issues permits for the use of facilities and amenities except for those considered as special uses as defined under the Order
e. Issues certification whether the proposed activity or project is allowable or not within the management zones
f.
Issues cutting permit for planted trees for a volume of up to five (5) cubic meters per applicant per year for traditional and
subsistence uses by ICCs/IPs and tenured migrants only. Provided, that: (a) Protected Area Community-Based Resource
Management Agreement (PACBRMA) holders with affirmed Community Resource Management Plan (CRMP) shall no longer
be issued cutting permits; and (b) The total volume of extraction does not exceed the limit set by the PAMB and the location
of extraction is within the appropriate site within the multiple use zone.
g.
Issues Certificate of Origin and/or transport permits for natural resources and other products collected/gathered from the
protected area in accordance with the resource use instruments/ agreements or gratuitous permits issued by the PAMB
and/or the DENR
h. Collects and/or receives pertinent fees, charges, donations and other income for the protected area. Provided, that such fees,
charges, donations and other income collected/received shall be reported regularly to the PAMB in accordance with the
existing guidelines
i.
Prepares and recommends to the PAMB approval of the annual work and financial plans of the protected area based on the
Integrated Protected Area Plan (IPAP) or the Management Plan
j.
Develops management information system to ensure that relevant and updated information are available for planning,
B. Failure to
Comply with
Report Requirements
monitoring
and decision-making
k.
Performs other relevant functions that the RED or PAMB may delegate
9. OFFICIALS, TECHNICAL PERSONNEL AND FOREST GUARDS EMPLOYED IN THE INTEGRATED PROTECTED AREA
SERVICE OF THE DENR OR ALL PERSONS DEPUTIZED BY THE DENR TO WORK INSIDE THE PROTECTED AREA
a. Investigate and search premises and building and make arrests in accordance with the rules on criminal procedure for the
violation of laws and regulations relating to protected areas. Persons arrested shall be brought to the nearest police precinct
C. Illegal Fishing
Activities(Sec.
and Dealing
in Illegally-Caught
Fish or Fishery Products
for investigation.
18, NIPAS
Act)
1. 10.
Capture
of breeders,
spawners,
eggs or fry
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest, even without warrant, any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations Assist in the conduct of surveillance and
monitoring
of wildlife-related
2. Construction
and Operation
of Fishactivities
Corrals/Traps, Fish Pens and Fish Cages
d. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
the appropriate official designated by law to conduct preliminary investigation Deliver within reasonable time to the nearest
CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices or PCSDS Management Office for custody
all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in the
commission of the crime, including corresponding reports
e. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators Prosecute cases before
Municipal Trial Courts in areas where there are no prosecutors Submit monthly accomplishment reports to the concerned field
offices with jurisdiction over their area of operations Coordinate with other law enforcement agencies for security reasons, if
necessary
10
f.
Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
3. Failure to Comply with Standards
11. WILDLIFE TRAFFIC MONITORING UNITS (Rule 33.2, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a.
Ensure strict compliance and effective implementation of existing wildlife laws, rules and regulations, including CITES at
strategic air and seaports (Rule 33.1, Joint DENR-DA-PCSD Administrative Order No. 01-04)
b. Enforce existing wildlife laws, rules and regulations and such other orders or regulations promulgated thereunder for the
4. Fishing
in overexploited
or and
fishery
protection
of wild fauna
floramanagement areas
c. Inspect and verify shipments of wildlife, its by-products and derivatives for export, re-export, import and local transport
d. Seize and confiscate illegally collected, possessed and traded wildlife, by-products and derivatives in favor of the government
or refuse clearance when there are reasonable grounds to believe that existing wildlife laws, rules and regulations, or the
CITES have been violated
e. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
f.
Coordinate with the customs officers and/or other government authorities at the air or seaports in the performance of their
5. Fishing
without
license or necessary permits or not complying with documentary requirements
duties
and responsibilities
g. Conduct investigation and receive evidence regarding the commission of any of the offenses defined under RA 9147 or this
Order within their area of assignment, whether or not the offense was committed in their presence
h. Turn-over confiscated wildlife, by-products or derivatives to designated Wildlife Rescue Centers nearest their post or station
i.
Promote and disseminate information on the conservation and protection of wildlife
B.6.DEPARTMENT
OF AGRICULTURE
Intrusion of licensed
and unlicensed commercial fishers in municipal waters
Protects all declared aquatic critical habitat, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)
Enforces all laws governing the conservation and management of fishery resources, except in municipal waters (Sec. 65, RA
8550)
Formulates and enforces all rules and regulations governing the conservation and management of fishery resources, except
in municipal waters (Sec. 65, RA 8550)
Settles conflicts respecting resource use and allocation (Sec. 65, RA 8550)
Issues licenses for the operation of commercial fishing vessels (Sec. 65, RA 8550)
11
e.
DA officials and field personnel assigned in the law enforcement units of the said agency Their wildlife law enforcement
function covers all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)
Conducts fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the
country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or disease
shall be confiscated and disposed of in accordance with environmental standards and practices. (Sec. 67(a), RA 8550)
b. to
Implements
international
agreements/commitments on biosafety and biodiversity (Sec. 67(b), RA 8550)
B. Failure
Comply with
Report Requirements
c. Prevents the movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the
country (Sec. 67(b), RA 8550)
d. Quarantines such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases
(Sec. 67(c), RA 8550)
e. Prevents the movement or trade from and/or into the country of products mentioned in immediately preceding paragraphs so
prohibited or regulated under existing laws, rules and regulations, as well as international agreements of which the Philippines
is a State Party (Sec. 67(c), RA 8550)
C. Illegal
Activities
Dealingproducts
in Illegally-Caught
Fish
or Fishery
Products
f. Fishing
Examines
all fish and fishery
coming into or
going
out of the
country which may be a source or medium of fish pests
or diseases and/or regulated by existing fishery regulations (Sec. 67(d), RA 8550)
g. Documents
authorizes
theormovement
or trade of fish and fishery products when found free of fish pests or diseases
1. Capture
of breeders,and
spawners,
eggs
fry
(Section 67(e), RA 8550)
3. MUNICIPAL/CITY OR INTEGRATED FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
1.
Assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters (Sec. 74, RA 8550)
BUREAU OFand
PLANT
INDUSTRY
2. 4.
Construction
Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages
i.
Recommends plant quarantine policies, and prescribes rules and regulations for the prevention, control, and eradication of
pests, diseases, and injuries to plants and plant products (Book IV, Title IV, Chapter 4, Section 19.3, EO 292)
5. PLANT QUARANTINE OFFICERS (Title IV, Chapter 5, Section 34, EO 292)
a.
b.
Inspect all carriers, passengers, crew, luggage and incoming mails to determine the presence of plants, plant products and
other materials capable of harboring plant pests as well as potential animal pests
Enter into and inspect any and all areas where plants, plant products and other materials capable of harboring plant pests are
landed, stored or grown
12
c.
Examine imported plants, plant products, and other materials capable of harboring plant pests as well as potential animal
pests and administer necessary measures to insure effective implementation of the provisions of Chapter 5, Title 4 of EO 292
d. Inspect,
administer
3. Failure
to Comply
with treatment
Standardsand certify plants, plant products and other related materials intended for export, if the importing
country so requires
e. Confiscate and destroy or refuse entry of plants, plant products and potential animal pests involved in prohibited importations
and deny inspection certification or clearance of the same
6. 4.
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint
Fishing in
overexploited or
fishery management
areasDENR-DA-PCSD Administrative Order No. 01-04)
a.
Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
d. Assist in the conduct of surveillance and monitoring of wildlife-related activities
e. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
5. Fishing
license
or designated
necessary by
permits
not complying
documentary requirements
the without
appropriate
official
law to or
conduct
preliminarywith
investigation
f.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices
or PCSDS Management Office for custody all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools,
equipment and conveyances used in the commission of the crime, including corresponding reports
g. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
h. Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
i.
Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations
6. Intrusion
of licensed
and law
unlicensed
commercial
in municipal
j.
Coordinate
with other
enforcement
agenciesfishers
for security
reasons, waters
if necessary
k. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
7. Marketing and buying illegally-caught fish & fishery species
C. DEPARTMENT OF JUSTICE
Acts as both the legal counsel and prosecution arm of the government (Title III, Sec.1, EO 292)
Administers the criminal justice system in accordance with the accepted processes consisting in the investigation of the
crimes, prosecution of offenders, and administration of correctional system (Title III, Sec. 1, EO 292)
1. NATIONAL BUREAU OF INVESTIGATION (NBI) (Republic Act No. 157, as amended by EO 94 series of 1947)
a.
b.
13
c.
d.
e.
Gives technical assistance to all prosecuting and law enforcement agencies, the courts, and party litigants
Coordinates with other national or local police agencies in the investigation of crimes
Collects intelligence data and coordinates with other intelligence agencies, including Interpol
Promotes peace and order, ensures public safety and further strengthens local government capability aimed towards the
effective delivery of basic services to the citizenry (Sec. 2, RA 6975, as amended by RA 8551)
B.1.Failure
to Comply
with Report
Requirements
PHILIPPINE
NATIONAL
POLICE
(Sec. 24, RA 6975)
a.
Investigates and prevents crimes, effects the arrest of criminal offenders, brings offenders to justice and assists in their
prosecution
b. Exercises the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws
c. Detains an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his
rights under the Constitution
d. Fishing
Performs
such other
and
all other
functions
as may
be provided by law, such as the National Integrated
C. Illegal
Activities
and duties
Dealing
in exercises
Illegally-Caught
Fish
or Fishery
Products
Protected Area System Act and Wildlife Resources Conservation and Protection Act
Performs all police functions over Philippine territorial waters and rivers (Sec. 35, par. b[1], RA 6975)
14
ii.
Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
(PD Standards
1160)(harmonize this with Sec. 124 of RA 8550)
3. Failure toconditions
Comply with
b. Sangguniang Barangay (Barangay Council)
i.
Enacts ordinances that promote the general welfare of its inhabitants (Sec. 391, par. 1, RA 7160)
ii.
Assists the Punong Barangay in the performance of his/her functions (Sec. 392, par. a & b, RA 7160)
4. Fishing
inActs
overexploited
or fishery
iii.
as peace officers
in themanagement
maintenance areas
of public order and safety (Sec. 392, par. a & b, RA 7160)
iv.
Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
conditions (PD 1160)
c. The Municipal/City Government
i.
Serves as a general purpose government that coordinates and delivers basic, regular and direct services to inhabitants
within its
territorial
jurisdiction permits
through or
effective
governance
440 & 488,
RA 7160). Such basic services include
5. Fishing without
license
or necessary
not complying
with(Sec.
documentary
requirements
extension and on-site research services and facilities related to agriculture and fishery activities (Sec. 17, par. b[2] [i], RA
7160)
ii.
Has the primary jurisdiction over municipal waters (See Rights and Responsibilities of LGUs over municipal waters.)
d. Municipal/City Mayors
i.
Enforce all laws and ordinances applicable to the governance of the municipality/city (Sec. 444, [b][2] & Sec. 455 [b][2]),
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
RA 7160)
ii.
Adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality/city
(Sec. 444, par.3[vii] & Sec. 455 par. b[3][vii], RA 7160)
iii.
Represent
NAPOLCOM,
and exercise
operational
supervision and control over PNP units in their respective jurisdictions,
7. Marketing
and buying
illegally-caught
fish & fishery
species
subject to certain exceptions (RA 6975)
iv.
As chair of the local peace and order council, develop and establish integrated area/community public safety plans for
implementation by PNP stations (RA 6975)
v.
Choose the chief of police from a list of 5 eligibles recommended by the provincial police director, preferably from the
same province, city or municipality (RA 6975)
vi.
Administer oaths (CA 270, as amended by CA 641)
15
Enacts ordinances, approve resolutions and appropriate funds for the general welfare of the municipality/city and its
inhabitants (Sec. 447, par. a & Sec. 448 par. a, RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 447, par. a[1][vi] & Sec. 458 par. a[5][i], RA 7160)
iii.
Provides for the establishment, maintenance, protection and conservation of mangroves (Sec. 447, par. a[5][i] & Sec.
458 par. a[5][i]), RA 7160)
iv.
Authorizes the establishment, maintenance and operation of ferries, wharves and other structures, and marine and
seashore
offshore
activities intended to accelerate productivity (Sec. 447, par. a & Sec. 458 par. a, RA 7160,)
B. Failure to Comply
withorReport
Requirements
v.
Grants the exclusive privilege of constructing fish corrals or fishpens, or the taking of bangus fry, prawn fry or kawagkawag, or fry of any species of fish within municipal waters (Sec. 447, par. a[2][xi] & Sec. 458 par. a[2][xi], RA 7160)
f. City/Municipal Agriculturist (MAO)
Provides support to the Mayor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482, par.
b[1], RA 7160)
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
g. City/Environment and Natural Resources Officer (CENRO)
1. Capturei. of breeders,
or fry to ensure delivery of basic services and facilities involving environment and natural
Providesspawners,
support to eggs
the Mayor
resources services (Sec. 484, par. b[1], RA 7160)
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
Enforces all laws and ordinances related to the governance of the province (Sec. 465, par. b[2], RA 7160)
Ensures that the acts of the component cities and municipalities of the province and of its officials and employees are
within the scope of their prescribed powers, duties and functions (Sec. 465, par. b[2][1], RA 7160)
Adopts adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province,
in coordination with the Mayors of the component cities and municipalities (Sec. 465, par. b[3][v], RA 7160)
16
iv.
Represents the NAPOLCOM (RA 6975)
v.
Chooses the Provincial Director of the provincial police force from the list of 3 candidates recommended by the PNP
(RA 6975)
3. Failure toRegional
Comply Director
with Standards
vi.
As chair of the provincial peace and order council, oversees the implementation of the provincial public safety plan,
which considers the integrated community safety plans prepared at the municipal/city level (RA 6975)
j. Sangguniang Panlalawigan (Provincial Council)
4. Fishing
inEnacts
overexploited
or fishery
areas
i.
ordinances,
approvemanagement
resolutions and
appropriate funds for the general welfare of the province and its inhabitants
(Sec. 468, [a], RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 468, [a][1][v], RA 7160)
iii.
Enacts ordinances against pollution and for preservation of the natural ecosystem in the province, in consonance with
the approved standards on the human settlements and environmental sanitation (Sec. 468, [a][4][i], RA 7160)
k. Provincial Agriculturist
5. Fishing without license or necessary permits or not complying with documentary requirements
Provides support to the Governor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482,
[b][1], RA 7160)
l. Provincial Environment and Natural Resources Officer (PGENRO)
i.
Provides support to the Governor to ensure delivery of basic services and facilities involving environment and natural
resources services (Sec. 484, par. b[1], RA 7160)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
m. Legal Officer (Sec. 481, par. c, RA 7160)
7. Marketing and buying illegally-caught fish & fishery species
i.
Represents the province in all civil actions and special proceedings documents Drafts ordinances, contracts and other
legal documents
ii.
Renders opinions on any question of law, whenever required by the Governor, Mayor or the Sanggunian
iii.
Review and submit recommendations on ordinances approved and executive orders issued by component units
n. As PAMB Member
i.
Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11,
RA 7586)
17
ii.
Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the
Manual of Operations for the management of the protected area (Rule 12, DAO 2008-26)
iii.
Facilitate the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
iv.
Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
v.
Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 200826)
vi.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
B. Failure to Comply
with(Rule
Report
ADSDPP
12, Requirements
DAO 2008-26)
vii.
Monitors and assesses the performance of the PASu and other protected area personnel and compliance of partners to
the terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
viii.
Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCsAPs
but excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
ix.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
DEPARTMENT
OF NATIONAL
DEFENSE
(EO 292, BookFish
IV, Title
VIII) Products
C.E.
Illegal
Fishing Activities
and Dealing
in Illegally-Caught
or Fishery
Performs
other
functions as
may
1. ARMED FORCES OF THE PHILIPPINES
Responsible in promoting and advancing the national aims, goals and interests and policies (Book IV, Title VIII, Chapter 6,
Sec. 33.2, EO 292)
In charge with the performance of other functions as may be provided by law or assigned by higher authorities (Book IV, Title
2. Construction
and Operation
of Fish
Fish Pens and Fish Cages
VIII, Chapter
6, Sec. 33.4,
EOCorrals/Traps,
292)
a. Philippine Army
i.
Responsible for the conduct of operations on land, in coordination with the other Major Services (Title 8, Subtitle 2,
Chapter 8, Sec. 48, EO 292)
ii.
Prepares units as may be necessary for the effective prosecution of the armed forces missions, which may include
environmental protection concerns (Title 8, Subtitle 2, Chapter 8, Sec. 48, EO 292)
18
iii.
Enforces RA 8550, as well as other fishery laws, rules and regulations such as Wildlife Resources Conservation and
Protection Act, insofar as aquatic and marine species are concerned (Sec. 124, RA 8550)
Performs such other functions as may be provided by law or assigned by higher authorities (Title VIII, Sec. 53.6, EO 292)
Fishing in overexploited
or fishery management
areas
F.4.
DEPARTMENT
OF TRANSPORTATION
AND COMMUNICATION
(Book IV, Title XV, Chapter 1, Section 2, EO 292)
In charge of the promotion, development and regulation of dependable and coordinated networks of transportation and
communications systems as well as in the fast, safe, efficient and reliable postal, transportation and communications services
Provides security to cargoes, port equipment, structure, facilities, personnel and documents. In ports of entry, physical
security to import and export cargoes shall be exercised jointly with the Bureau of Customs (Sec. 2(a), EO No. 513)
Enforces rules and regulations promulgated by the Authority pursuant to law (Sec. 2(e), EO No. 513)
19
b.
c.
d.
e.
f.
Oversees the effective regulation of shipping enterprises, and the establishment of routes, zones or areas of operation of
public water services
In charge of vessel registration, including issuance of licenses, certificates and related documents
Ensures safety in vessel construction and operations
Licenses qualified seamen and harbor, bay and river pilots
Enforces maritime law
In charge of the formulation, institutionalization and administration of fiscal policies, in coordination with other concerned
subdivisions, agencies and instrumentalities of the government
1. Capture of breeders, spawners, eggs or fry
Responsible for the generation and management of the financial resources of government, ensuring that said resources are
generated and managed judiciously and in a manner supportive of development objectives
1. BUREAU OF CUSTOMS (Book IV, Title 2, Chapter 4, Sec. 23, EO 292)
a. Prevents and suppresses smuggling, pilferage and all other economic frauds within all ports of entry
b. Supervises and controls exports, imports, foreign mails, and the clearance of vessels and aircrafts in all ports of entry
2. Construction
andand
Operation
of Fish
Corrals/Traps,
Pens
and Fish
c. Prevents
prosecutes
smuggling
and otherFish
illegal
activities
in allCages
ports under its jurisdiction
d. Performs such other functions as may be provided by law
2. INTELLIGENCE GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a.
b.
Regularly and consistently gathers intelligence information related to customs and economic activities for proper
dissemination to the Customs offices concerned
Conducts internal inquiry and investigation which may serve as the basis for prosecution
20
3. ENFORCEMENT GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a. Exercises police authority conferred by the Tariff and Customs Code or other laws, which include the enforcement of seizures
3. Failure
Comply with
Standards
andtoforfeitures
and the
imposition of penalties and fines.
4. COLLECTION DISTRICTS, UNDER WHICH ARE SUBPORTS. Collection districts are headed by District Collector, while
subports are headed by Port Collector. (Title 2, Chapter 4, Sec. 26.3, EO 292)
a. Supervise the entrance and clearance of vessels and aircrafts engaged in foreign commerce
4. Fishing in overexploited or fishery management areas
b. Supervise all import and export cargoes landed and/or stored in piers, airports, terminal facilities, yards and freight stations
H. OFFICE OF THE PRESIDENT
1. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (RA 8371)
a. Processes, in accordance with law and duly established rules, regulations and/or guidelines, the Free and Prior Informed
Consent (FPIC) of the ICCs/IPs from whose ancestral domain/land the activities that have environmental impacts, such as
natural
resource
extraction
and bioprospecting,
arecomplying
undertakenwith
by any
person, upon
endorsement of the regulating agency.
5. Fishing
without
license
or necessary
permits or not
documentary
requirements
2. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) (RA 7611)
a.
b.
Formulates plans and policies as may be necessary to carry out the provisions of this Act
Coordinates with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans,
programs and policies of the SEP
c. Calls on any department, bureau, office, agency or instrumentality of the Government, and on private entities and
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
organizations for cooperation and assistance in the performance of its functions
d. Arranges, negotiates for, accepts donations, grants, gifts, loans, and other fundings from domestic and foreign sources to
carry out the activities and purposes of the SEP
e. Recommends
to the
Congress of the
Philippines
matters that may require legislation in support of the objectives of the
7. Marketing
and buying
illegally-caught
fish
& fisherysuch
species
SEP
f.
Delegates any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions
of law cannot be delegated
g. Establishes policies and guidelines for employment on the basis, of merit, technical competence and moral character and
prescribe a compensation and staffing pattern
h. Adopts, amends and rescinds such rules and regulations and impose penalties therefore for the effective implementation of
the SEP and the other provisions of RA 7611
i.
Enforces the provisions of RA 7611 and other existing laws, rules and regulations similar to or complementary with RA 7611
21
j.
Performs related functions which shall promote the development, conservation, management, protection, and utilization of the
natural resources of Palawan
k. Performs such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of
RA 7611
l.
As Wildlife Enforcement Officers (Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule 30.4)
i.
Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest
and detention (Sec. 30, RA 9147)
ii.
Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
iii.
Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any
B. Failure to Complyofwith
Report Requirements
the offenses
provided under the Act and other relevant laws, rules and regulations
iv.
Assist in the conduct of surveillance and monitoring of wildlife-related activities
v.
Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper
complaint with the appropriate official designated by law to conduct preliminary investigation
vi.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR
Regional/Provincial Offices or PCSDS Management Office for custody all confiscated wildlife, their parts, byproducts and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime,
includingand
corresponding
reports
C. Illegal Fishing Activities
Dealing in Illegally-Caught
Fish or Fishery Products
vii.
Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
viii.
Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
1. Capture of ix.
breeders,
spawners,
or fry
Submit
monthly eggs
accomplishment
reports to the concerned field offices with jurisdiction over their area of operations
x.
Coordinate with other law enforcement agencies for security reasons, if necessary
xi.
Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative
from time to time
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
22
Chapter 3.
Listed below are 24 common illegal and destructive activities that devastate coastal and marine areas and the resources in it.
These are clustered into Access to Foreshore Areas, Failure to Comply with Report Requirements, Illegal Fishing Activities and Dealing
in Illegally-Caught Fish or Fishery Products, Mangrove Destruction, Mining and Quarrying, NIPAS Protected Area Violations,
Obstruction to Regulatory Inspection and Disregard of Lawful Orders, Upland Deforestation, Water Pollution, and Wildlife Violations.
4. Fishing
in overexploited
fishery
management
areas in environmental laws that are possibly violated or committed by the
Also
listed under
each activityorare
prohibited
acts provided
person/s carrying out the activity. These prohibited acts are further broken down into elements and recommended evidence in the next
chapter. For a full statement of the provisions, see Annex 1.
A. Access to Foreshore Areas
1. 5.
Obstruction
to thelicense
Use and
Foreshore
Areas
Fishing without
orEnjoyment
necessary of
permits
or not
complying with documentary requirements
Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)
Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)
Unauthorized
issuance
of tax declaration
(Sec. 85,
PD 705)
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
7. Marketing and buying illegally-caught fish & fishery species
Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to Sec.
11.1 of DENR DAO 80, Series of 1987)
Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Violation of Marine Pollution Decree (Sec. 28, par. 5, RA 9275 in relation to Sec. 4 (c), PD 979)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275, in relation to Sec. 4(b), PD 979)
23
Refusal or failure to submit reports whenever required by the Department in accordance with the Clean Water Act (Sec. 27
(m), RA 9275)
Failure or refusal to submit reports, notices or on the information, access to records as required by this Act, or permit
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)
Capture
of sabalo,
and other
breeders/spawners
(Sec. 98, RA 8550)
Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities (Section 86, par 1, RA 8550)
Construction
and Operation
Fish Corrals/Traps,
Cages (Sec. 103 (e), RA 8550)
Obstruction to navigation or flow and ebb of tide in any stream, river or lake (Sec. 103 (d), RA 8550)
Obstruction of Defined Migration Paths (Sec. 105, RA 8550)
Aquatic pollution - Unsound agricultural practices: use of banned chemicals and use of artificial fish feed causing similar
hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)
24
Failure to comply with minimum safety standards (Sec. 103 (a), RA 8550)
3. Failure
to Comply
with Standards
Commercial
Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas (Sec. 90, RA 8550)
Fishing in overfished area and during closed season (Sec. 95, RA 8550)
Unauthorized fishing or engaging in other unauthorized fisheries activities (Sec. 86, par. 1, RA 8550)
5. Fishing without license or necessary permits or not complying with documentary requirements
Unauthorized commercial fishing within municipal waters (Sec. 86, par 5, RA 8550)
Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Unauthorized commercial fishing within municipal waters (Sec 86, par 1, in relation to Sec. 18, RA 8550)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
7. Marketing and buying illegally-caught fish & fishery species
Possession, dealing in, selling or in any manner disposing of illegally-caught fish, (Sec 88, par. 4, RA 8550)
7. Marketing and buying illegally-caught fish & fishery species
Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
25
8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Illegal possession of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, par 2,
RA 8550)
Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, pars 1 & 3, RA
8550)
Use of active gears in municipal waters and bays and other fishery management areas (Sec. 90, RA 8550)
Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat (Sec. 92, par. 1, RA 8550)
to
Illegal
use of
superlights
(Sec. 93, RA 8550)
B. Failure
Comply
with
Report Requirements
Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
D. Mangrove Destruction
Obstruction to Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Fishing
Destroying
of active
nests,
nestintrees,
host plants and
theorlike
(Sec. 27
(g), RA 8550)
C. Illegal
Activities
and
Dealing
Illegally-Caught
Fish
Fishery
Products
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Aquatic
pollution
- Deforestation
similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
1. Capture
of breeders,
spawners,
eggs orcausing
fry
Aquatic pollution - Unsound agricultural practices: wetland conversion causing similar hazards and deleterious effects (Secs.
102 & 4(4), RA 8550)
Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to DAO
80)
2. Construction
and Operation
of Fish
Corrals/Traps,
Fishproducts
Pens and
Fish77,
Cages
Unauthorized
possession
of timber
or other forest
(Sec.
PD 705)
Illegal occupation of National Parks System and recreation areas, and vandalism therein (Sec. 80, PD 705)
26
Failure
to Comply
1. 3.
Illegal
upland
miningwith Standards
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
4. Fishing in overexploited or fishery management areas
Willful violation and gross neglect to abide by the terms and conditions of the ECC (Sec. 179, DAO 2010-21 in relation to Sec.
110 of RA 7942)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to in relation to Sec. 154, DAO 2010-21)
Undertake
of the
EIA Law
or PD
1586 (Sec.
27(h),
RA 9275) requirements
5. Fishing
withoutactivities
license in
orviolation
necessary
permits
or not
complying
with
documentary
Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)
Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)
Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
2. 6.
Offshore
mining
Intrusion
of licensed and unlicensed commercial fishers in municipal waters
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Mining in areas closed to mining applications: offshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942)
Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)
27
3. Onshore mining
Theft of minerals (Sec. 103, RA 7942)
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Illegal obstruction to government officials in mining projects (Sec. 109, RA 7942)
Mining in areas closed to mining applications: onshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942 )
Operating mining project without an ECC (Sec 179, DAO 2010-21)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
B. Failure
Comply
Report Requirements
to
Practice
notwith
in accordance
with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)
Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)
Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)
Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
Quarrying
C.4.Illegal
Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Ban on white sand, silica, pebbles and other substances that make up any marine habitat (Sec. 92, par 4, RA 8550)
1. Capture
of breeders,
spawners,
eggs
fry from beaches (Batas Pambansa 265)
Ban
on extraction
of gravel
andor
sand
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Quarrying
in areas closed
toCorrals/Traps,
mining applications:
offshore
aggregate quarrying (Sec. 15, DAO 2010-21 in
2. Construction
and Operation
of Fish
Fish Pens
and seabed/marine
Fish Cages
relation to Sec. 110 of RA 7942)
Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)
28
Illegal possession of plants or animals or products derived from protected areas (Sec. 20(a), RA 7586)
Mutilating,
defacing orordestroying
objects of beauty
(Sec. 20(d), RA 7586)
Fishing without
license orInspection
necessaryand
permits
or notofcomplying
with documentary requirements
G.5.Obstruction
to Regulatory
Disregard
Lawful Orders
Obstruction or delaying inspection of fish and fish products (Sec. 103, RA 8550)
Obstruction to Fishery Law Enforcement Officer (sec. 106, RA 8550)
Refusal to allow entry, inspection and monitoring by the Department in accordance with the Clean Water Act (Sec. 27 (k), RA
9275)
Failure
refusaland
to submit
reports,
notices orfishers
on theininformation,
access to records as required by this Act, or permit
6. Intrusion
of or
licensed
unlicensed
commercial
municipal waters
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)
H.7.Upland
Deforestation
Marketing
and buying illegally-caught fish & fishery species
Aquatic pollution - Deforestation causing similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
29
I. Water Pollution
1. Discharge or dumping and/or transport of pollutants
Dumping waste products in critical habitats detrimental to wildlife (Sec. 27(c)(i), RA 9147)
Discharge of material that causes pollution or obstructs natural flow (Sec. 27(a), RA 9275)
Disposal of potentially infectious medical wastes into sea by vessels (Sec. 27 (d), RA 9275)
B. Failure
Comply with
Report or
Requirements
to
Unauthorized
transport
dumping into sea waters of sewage sludge or solid waste (Sec. 27(e), RA 9275)
Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969 (Sec.
27(f), RA 9275)
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
C. Illegal
Activities
and Dealing
Illegally-Caught
Fish
or Fishery
Fishing
Violation
of the Marine
PollutioninDecree
(Sec. 28, par
5, RA
9275 in Products
relation to Sec. 4(b), PD 979)
Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(c), PD 979)
Gross
violation
of the CWAdeliberate
1. Capture
of breeders,
spawners,
eggs
or fry discharge of toxic pollutants (Sec. 28 (a), RA 9275)
Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Gross violation of the CWA- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)
Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Littering, throwing, dumping of waste matters in public places (Sec. 48 (1), RA 9003)
Transporting and dumping in bulk wastes in areas other than centers or facilities prescribed (Sec. 48 (13), RA 9003)
Storage, Importation or Bringing into Philippine territory hazardous and nuclear wastes (Sec. 13(d), RA 6969)
30
Failure
to cleanwith
up that
results to serious injury (Sec. 28, par 2, RA 9275)
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)
Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)
Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)
Dumping
waste
products
in critical habitats
to wildlife
(Sec.
27(c)(i), RA requirements
9147)
5. Fishing
without
license
or necessary
permits detrimental
or not complying
with
documentary
Discharge of material that causes pollution or obstructs natural flow (Sec. 27 (a), RA 9275)
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Grossofviolationdischarge
of toxic pollutants
28 (a), RA
9275)
6. Intrusion
licenseddeliberate
and unlicensed
commercial
fishers (Sec.
in municipal
waters
Gross violation- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(b) of PD 979)
7. Marketing
and
buying- Introduction
illegally-caught
fish & fishery
species
Aquatic
pollution
of substances
or energy
with deleterious effects (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Introduction of substances or energy with potential health hazard (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Introduction of substances or energy as hindrance to aquatic activities (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)
31
J. Wildlife Violations
1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals
Ban on dolphins, whales and porpoises (FAO 185, S. 1992, as amended by FAO 185-1, S. 1997)
C. Illegal
Activities
and Dealing
in Illegally-Caught
Fishing
Poaching
in Philippine
Waters (Sec.
87 , RA 8550) Fish or Fishery Products
Inflicting
injuryspawners,
which cripples
Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
To to
successfully
build
a case against a person committing an illegal or destructive activity, the law enforcer must ensure that
3. Failure
Comply with
Standards
all the elements making up a violation or prohibited act are present. Choose a possible violation under which a common illegal or
destructive activity might be prosecuted from the table below, given the elements comprising the violations or prohibited acts. If one
element of a prohibited act is missing, the law enforcer should look at the elements of other suggested prohibited acts until he finds a
match between the actual illegal or destructive activity with the prohibited act provided by law. A match is made when all elements are
satisfied. Only then can he gather evidence to support his allegation of a violation. Recommended evidence to prove each element of a
4. Fishing in overexploited or fishery management areas
prohibited act is also listed below. For a full statement of the provisions, see Annex 1.
A. Access to Foreshore Areas
1. Obstruction to the Use and Enjoyment of Foreshore Areas
Possible violation: Obstruction
Recommended evidence for
Penalties:
5. Fishing without license or necessary permits or not complying with documentary requirements
to Navigation or Flow and Ebb of Obstruction to Navigation or
Tide in any Stream, River, Lake
Flow and Ebb of Tide in any
Fine: P2,000 to P10,000 or
or Bay (Sec. 103 (d), RA 8550)
Stream, River, Lake or Bay in
relation to Obstruction to the Use Imprisonment: 1month and
and Enjoyment of Foreshore
1day to 6 months, or
Elements:
Areas:
1.
Any person/entity
upon the discretion of the
6. Intrusion
of licensed and unlicensed commercial fishers in municipalBoth,
waters
2. Puts anything that obstructs
court
To prove Elements #1-3:
Affidavit indicating existence of
a. navigation or
any obstruction in a stream,
b. flow of ebb and tide
Administrative fine: not more
7. Marketing
and buying illegally-caughtriver,
fish lake
& fishery
or bayspecies
3.
In any
than P10,000.00 or
Investigation report by the
a. stream,
investigating
b. river,
Cancellation of his permit or
team/apprehending officers
c. lake, or
license, or
Picture or sketch of the
d. bay
obstruction, and
Both in the discretion of the
Secretary
33
Where to file:
Prosecutors Office
Impoundment by the
Department with the assistance
of the Philippine Coast Guard,
PNP-Maritime Command
(Section 103)
34
Where to file:
Prosecutors Office
Where to file:
Possible
violation:
Unlawful
Recommended
Evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
occupation or destruction of
Unlawful destruction of forest
forest lands and grazing lands
lands in relation to Obstruction
(Sec. 78, PD 705)
to the Use and Enjoyment of
Foreshore Areas:
Elements: In any manner
destroys such forest land or part To prove element # 1:
thereof
Picture of the destroyed forest
1. The offender destroys forest
land or part thereof
land or part in any manner
Affidavit of witness
Penalties:
Where to file:
Prosecutors Office
35
Imprisonment: 6 months to 2
years for each such offense,
and
Prosecutors Office
2.
3.
To prove element # 2:
Certification from authorizing
agency to the effect that no
authority was issued
(Section 78)
Possible violation: Unlawful
Recommended evidence for
occupation or destruction of
Unlawful destruction of forest
forest Fishing
lands and
grazingand
lands
in relation to Obstruction
C. Illegal
Activities
Dealinglands
in Illegally-Caught
Fish or Fishery Products
(Sec. 78, PD 705)
to the Use and Enjoyment of
Areas:
1. Capture of breeders, spawners, eggsForeshore
or fry
Elements: Causes any damage
To prove element # 1:
to the timber stand and other
Pictures of damaged timber
products and forest growth
stand and other forest
found therein
products and forest growth
1. The offender causes damage
Site inspection report
a. to theand
timber
stand and
Affidavit of Fish
witnesses
2. Construction
Operation
of Fish Corrals/Traps,
Pens attesting
and Fish Cages
b. other products and
to the damage to the timber
c. forest growth found in the
stand, other products and
forest
forest growth in the forest
2. The forest land is within the
foreshore area
To prove element # 2:
Certification that the forest
land is within the foreshore
area
36
6. Intrusion
of licensed
and unlicensed
commercialevidence
fishers infor
municipal waters
Possible
violation:
Unlawful
Recommended
occupation or destruction of
Refusal to vacate forest land
forest lands and grazing lands
when told to do so in relation to
(Sec.
78, PD 705)
Obstruction
to the Use
and
7. Marketing
and buying illegally-caught
fish & fishery
species
Enjoyment of Foreshore Areas:
Elements: Refuses to vacate the
area when ordered to do so
To prove element # 1:
1. The offender occupied an
Picture of the area occupied
area which is part of a forest
Site inspection report
2. That there is an order by
competent authority to vacate
To prove element # 2:
the area
Copy of the order of competent
authority
37
3.
4.
To prove element # 3:
Affidavit of witness
Investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate
To prove element # 4:
Certification that the forest land
B. Failure to Comply with Report Requirements
is within the foreshore area
Possible violation: Overstaying
or building structures in
easement areas (Art. 51, PD
1067)
38
Where to file:
DENR for
administrative cases
Appropriate court for
civil cases
Penalties:
Imprisonment exceeding three
years but not more than six
years
Whereto file:
Prosecutors Office
Elements:
of
Fine exceeding three thousand
Tomanagement
prove elementareas
# 1:
4. FishingOccupancy
in overexploited
or fishery
riverbank or seashore
but not more than six thousand
- Testimony of witnesses
- Picture of area occupied
1. There is occupancy of a
- Ocular inspection or investigation Both at the discretion of the
riverbank or seashore;
court
report
2. The occupancy is without
permission.
To prove element # 2:
- Certification from DENR that
such
obstruction
is complying
not permitted
5. Fishing without license or necessary
permits
or not
with documentary requirements
Possible violation: Unauthorized
issuance of tax declaration (Sec.
85, PD 705)
39
Where to file:
Prosecutors Office
4.
To prove element # 3:
Certification from concerned
government agency that no
such A & D certification was
issued; or
Certification that the land is a
forest land and not classified
as A & D
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
40
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
3. Failure to Comply with Standards
Possible violation: Conversion
Recommended evidence for
Penalties:
Where to file:
of mangroves (Sec. 94, RA 8550) Conversion of mangroves in
relation to Construction of
Prosecutors Office
Imprisonment: 6 years and 1
Elements:
seawalls, jetties, reclamation
day to 12 years and/or
areas,
housing, ports,
1.4. Fishing
A mangrove
area is converted
in overexploited
or fishery
management
areas harbors,
or any structure in foreshore
2. Such conversion is for
Fine: P80,000.00
areas without DENR approval:
a. Fishpond and/or
b. For any other
Restoration or compensation
purposes
To prove Elements #1-2:
for the restoration of the
Affidavit attesting to
damage, if needed
conversion activities
Investigation report of
(Section 94)
5. Fishing without license or necessaryconcerned
permits orgovernment
not complying with documentary requirements
agency
Samples of mangroves cut
or pictures of the area
Certification that no permit
was issued in favor of the
accused
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Possible violation: Cutting,
Recommended evidence for
Penalties:
Where to file:
Gathering and/or Collecting
Cutting, Gathering and/or
Timber,
or Other
Collecting
Timber,
Other
Value of logs or forest
Prosecutors Office
7. Marketing
andForest
buying illegally-caught
fish &
fisheryor
species
Products Without License (Sec.
Forest Products Without
products: P5.00 or lower
77, PD 705 in relation to Sec.
License in relation to
Imprisonment: 2 years, 4
11.1 of DENR DAO 80, Series of
Construction of seawalls,
months and 1 day to 6 years
1987)
jetties, reclamation areas,
housing, ports, harbors, or any
Value of logs or forest
Elements:
structure in foreshore areas
products: more than P5.00
without DENR approval:
toP50.00
The offender cuts, gathers
Imprisonment: 8 years and 1
and/or collects timber
day to 12 years
The cutting, gathering and/or
41
To prove element # 1:
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness
attesting to the cutting or
gathering
42
77, PD 705requirements
imposing
5. Fishing without license or necessary permits or not complying with(Sec.
documentary
penalties prescribed in Art. 310
(qualified theft) in relation to
Article 309 (penalty for theft) of
the Revised Penal Code)
Possible violation: Obstruction
Recommended evidence for
Penalties:
to Navigation or Flow and Ebb
Obstruction to Navigation or
Intrusion
licensed
and unlicensed
fishers
in municipal
waters
of6.Tide
in anyofStream,
River,
Flow commercial
and Ebb of Tide
in any
Fine:
P2,000 to P10,000 or
Lake or Bay (Sec. 103 (d), RA
Stream, River, Lake or Bay in
8550)
relation to Construction of
Imprisonment: 1month and
seawalls,
reclamation
1day to 6 months, or
7. Marketing and buying illegally-caught
fishjetties,
& fishery
species
Elements:
areas, housing, ports, harbors,
or any structure in foreshore
1. Any person/entity
Both, upon the discretion of the
areas without DENR approval:
2. Puts anything that obstructs
court
a. navigation or
b.
flow of ebb and tide
Administrative fine: not more
To prove Elements #1-3:
Affidavit indicating existence
3. In any
than P10,000.00 or
of any obstruction in a
a. stream,
stream, river, lake or bay
b. river,
Cancellation of his permit or
c. lake or
Investigation report by the
license, or
43
Where to file:
Prosecutors Office
d.
bay
investigating
team/apprehending officers
Picture or sketch of the
obstruction, and
Certification from the PCG,
NAMRIA or any other competent
agency that the water body is a
navigational water
44
Where to file:
Prosecutors Office
45
Where to file:
Prosecutors Office
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
Fine: P10,000.00 to
Violator undertakes
P200,000.00 for every day of
a)
activities
or
violation, to be increased 10%
B. Failure to Comply with Report Requirements
development and
every 2 years
To prove Element #1:
Photo or video showing that
expansion of
violator is undertaking
project, or
activities or development
b) Violator operates
and expansion of projects or
wastewater/sewerag
operated
e facilities
wastewater/sewerage
facilities
2. Acts
violateActivities
the
suspension of
C. Illegal
Fishing
and Dealing in Illegally-Caught
Fish or FisheryClosure,
Products
Environmental Impact
development or construction,
Report on the
Statement
System
Law
or cessation of operations or,
1. Capture
of breeders,
spawners,
eggs- or fry
abovementioned activities
(Presidential Decree
disconnection of water supply,
Affidavit of witness on the
No.1586) and its
until compliance (order may be
abovementioned activities of
implementing rules and
issued ex parte pending case)
the offender
regulations.
(Section 28)
To prove Element #2:
Note: For projects covered by PD
1586, see complete
list in Annex
CertificationFish
fromPens
EMBand
on Fish Cages
2. Construction
and Operation
of Fish Corrals/Traps,
4.
the lack of ECC; or
Copy of the ECC and
specific conditions violated
Affidavit of witness as to the
lack of ECC or violation of
ECC conditions
1.
46
1.
47
Where to file:
Prosecutors Office
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office
Imprisonment: 1 year to 6
years
48
49
Where to file:
Regional EMB Director
Elements:
1. There are standards, rules,
and regulations issued by the
EMB pursuant to PD 1586
2.
Violation
of thewith
standards,
B. Failure
to Comply
Report Requirements
rules and regulations
Penalties:
Suspension or cancellation of
the ECC
Where to file:
EMB Regional Office
50
Where to file:
Prosecutors Office
51
(Section 78)
Where to file:
Prosecutors Office
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
52
53
54
55
Where to file:
DENR for
administrative cases
Appropriate court for
civil cases
Possible violation:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank or seashore (Art. 91
(B)(3), PD 1067)
Penalties:
Whereto file:
Prosecutors Office
56
Where to file:
Prosecutors Office
57
Penalties:
Where to file:
BFAR Office
Possible
violation:
Refusal
evidence
Penalties:
C. Illegal
Fishing
Activities
andorDealing Recommended
in Illegally-Caught
Fish orfor
Fishery Products
Refusal or failure to submit
failure to submit reports whenever
required of
bybreeders,
the Department
in
To be imposed by the
1. Capture
spawners,
eggs reports
or fry whenever required by
the Department in accordance
accordance with the Clean Water
Secretary, upon PAB
with the Clean Water Act in
Act (Sec. 27 (m), RA 9275)
recommendation:
relation to Failure to comply with
Elements:
report requirements:
Fine: P10,000.00 to
P200,000.00 for every day of
1. Refusal or failure to submit
violation, to be increased 10%
To prove Element #1:
Report and
Affidavit
DENR
reports and Operation of Fish Corrals/Traps,
every 2 years
2. Construction
Fish
Pensofand
Fish Cages
officials as to the refusal or
2. Reports are required by the
failure to submit reports
DENR in accordance with the
Closure, suspension of
Clean Water Act
development or construction, or
To prove Element #2:
cessation of operations or,
Certification that the report is
disconnection of water supply,
required by DENR in
until compliance (order may be
accordance with the
issued ex parte pending case)
provisions of the Clean Water
Act
(Section 28)
58
Where to file:
EMB Office or PAB
59
Where to file:
Prosecutors Office
Elements:
B. Failure
to Comply with
1. A person/entity
is Report Requirements
a. Catching
To prove Elements #1-3:
b. Gathering
Affidavit of the apprehending
c. Capturing
officer(s) indicating
o
The identity and personal
d. Possessing
circumstances of the
2. The fisheries species involved is
a. Mature milkfish called
apprehended person
sabalo
o
The circumstances of the
C. Illegal Fishingb.Activities
and
Dealing
in
Illegally-Caught
Fish
Fishery
Products
actorsuch
as catching,
Other breeders or
gathering, capturing or
spawners as determined
1. Capture of breeders,
eggsofor fry
possessing
by spawners,
the Department
o
Taking samples and
Agriculture
issuance of appropriate
3. The purpose of catching, gathering,
receipt evidencing the
capturing or possessing is not for local
taking of samples
breeding, or scientific or research
Positive identification and
purposes
certification by BFAR of the
2. Construction and Operation of Fish Corrals/Traps,species
Fish Pens
and Sabalo
Fish Cages
is either
or other
breeders/spawners
Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts
60
Penalties:
Imprisonment: 6 months
and 1 day to 8 years
and/or
Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for
revocation of
license
Revocation of license
(Section 98)
Penalties:
Imprisonment: 8 years,
Element:
Confiscation of the
1. A person/entity exports
breeders, spawners,
To prove Element #1:
a. Breeder
Affidavit of the apprehending
eggs or fry, or
Spawner or fishery management
officer(s)
4. Fishing in b.
overexploited
areas indicating
c. Eggs, or
o
The identity and personal
Fine equivalent to
d. Fry
circumstances of the
double the value of the
apprehended person
same, and
o
The circumstances of the
exportation of the
Revocation of the fishing
breeders, spawners,
and/or export
eggs or fry
license/permit
Positive
identification
and
5. Fishing without license or necessary permits
or
not complying
with
documentary requirements
certification by BFAR or duly
(Section 99)
deputized officer of the breeder,
spawner, eggs or fry
Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Possible violation: Unauthorized fishing
Recommended evidence for
Penalties:
or engaging in other unauthorized
Unauthorized fishing or engaging in
fisheries
activities
(Section
86, par 1, RA fishother
unauthorized
On any commercial
7. Marketing
and buying
illegally-caught
& fishery
species fisheries
8550)
activities in relation to Capture of
fishing boat captain or
breeders, spawners, eggs or fry:
the three (3) highest
Unauthorized Fishing
officers of the boat:
To prove Elements #1-2:
Elements:
Affidavit of apprehending officer(s)
Fine: equivalent to value
1. A person or entity exploit, occupy,
indicating
of catch or P10,000.00,
produce, breed, culture, capture or
o
Actual exploitation,
whichever is higher, and
gather
occupation, production,
a. Fish, fry or fingerlings of any
breeding, culture, capture Imprisonment: 6
61
Where to
file:
Prosecutors
Office for the
criminal
charges
BFAR for the
revocation of
the fishing
and/or export
license/permit
Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for
automatic
revocation of
license to fish
fishery species or
b. fishery products
The fishery activity is done in Philippine
waters
It is done without license, lease or
permit
or gathering
Fish, fry or fingerlings of
2.
any fishery species or
fishery products
3.
o
The location of the
activity is within
Philippine waters or the
position of the vessel
Note:
when applicable
B. Failure to Comply with Report Requirements
Discovery of any person in an area where he
o
The fact that upon
has no permit or registration papers for a
apprehension, no permit,
fishing vessel shall constitute a prima facie
license or lease was
presumption that the person and/or vessel is
presented by the accused
engaged in unauthorized fishing.
Apprehension Report with
inventory, seizure receipt and/or
Exception: fishing for daily food sustenance
disposal or turnover receipts
or for leisure
which
is not for
PictureFish
of the
subject
of the
C. Illegal
Fishing
Activities
andcommercial,
Dealing in Illegally-Caught
oractivity
Fishery
Products
occupation or livelihood purposes
offense and other objects showing
the location of the activity, and
1. Capture of breeders, spawners, eggs or fry
fishing vessel and/or receipt if
impounded fishing boat, when
applicable
Certification duly issued by the
BFAR/LGU/other competent
authority that no permit, license or
in favor
of the
2. Construction and Operation of Fish Corrals/Traps,lease
Fish was
Pensissued
and Fish
Cages
accused
Possible violation: Unauthorized fishing
or engaging in other unauthorized
fisheries activities (Section 86, par 1, RA
8550)
Engaging in Other Unauthorized
Fisheries Activities
62
months,
Confiscation of catch
and fishing gears, and
Automatic revocation of
license.
(Section 86)
63
Penalties:
Imprisonment: 8 years
Fine: P80,000.00 and
Destruction of live
fishery species or
Forfeiture of non-live
fishery species in favor
Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for ban
apprehended person
The circumstances
showing the act of
exportation or
importation
o
Taking of specimen
and issuance of
certificate of fish
and/or fishery
B. Failure to Comply with Report Requirements
sample taken for
determination of
whether said fishery
product is a breeder,
spawner, egg or fry
Certification from BFAR of nonissuance of export or import permit
in favorFish
of the
C. Illegal Fishing Activities and Dealing in Illegally-Caught
oraccused
Fishery Products
Apprehension Report with
inventory, seizure receipt and/or
1. Capture of breeders, spawners, eggs or fry
disposal or turnover receipts
o
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
64
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Possible violation: Construction
Recommended evidence for
Penalties:
3. Failure
to Comply
and
Operation
of Fishwith Standards Construction and Operation of
Corrals/Traps, Fish Pens and Fish Fish Corrals/Traps, Fish Pens
Fine: P2,000.00 to P10,000.00
Cages (Sec. 103 (e), RA 8550)
and Fish Cages in relation to
or
Construction and Operation of
Elements:
Fish Corrals/Traps, Fish Pens
Imprisonment: 1 month and 1
Fish Cages:
in constructs
overexploited
management
areas
1.4. Fishing
A person
and or fisheryand
day to 6 months, or
operates fish corrals/traps, fish
pens and fish cages
To prove Elements #1-2 for this
Both, upon the discretion of the
2. It is without a license/permit.
illegal activity:
court
Affidavit indicating
construction and operation of
Administrative fine: not more
fish corrals, fish traps, fish
than P10,000.00 or
pens, and/or fish cages by
5. Fishing without license or necessary permits
or not complying
with documentary
the apprehending
officers or
Cancellation ofrequirements
his permit or
other witnesses, or
license, or both in the discretion
investigation report by the
of the Secretary
investigating
team/apprehending officers
Impoundment of confiscated
Picture or sketch of the fish
materials used in the
corrals, fish traps, fish pens,
construction and operation by
6. Intrusion of licensed and unlicensed commercial
fishers
municipalthe
waters
and/or fish cages
byinthe
Department with the
apprehending officers or
assistance of the Philippine
other witnesses
Coast Guard, PNP-Maritime
Certification
that
no permit or
Command
7. Marketing and buying illegally-caught
fish
& fishery
species
license was issued in favor of
the accused by BFAR, LGU,
- added to every penalty:
or other competent authority
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed
(Section 103)
65
Where to file:
Prosecutors Office
BFAR for the
administrative case;
or LGU if allowed by
an ordinance
Penalties:
Where to file:
Prosecutors Office
Elements:
1. Any person/entity puts a
structure
in stream,
river, lake
Both, upon the discretion of the
B. Failure
to Comply
with Report
Requirements
or bay
court
To prove Elements #1-2:
Affidavit indicating existence
2. Such structure obstructs
of fish corrals/traps, fish pens Administrative fine: not more
navigation or flow and ebb of
and fish cages constructed in than P10,000.00 or
tide in said bodies of water.
a stream, river, lake or bay
and the effect of such
Cancellation of his permit or
structure obstructs navigation license, or
or the ebb and Fish
flow of
or Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
ortide;
Fishery
investigation report by the
Both in the discretion of the
investigating
Secretary
1. Capture of breeders, spawners, eggs or fry
team/apprehending officers
indicating the above
Impoundment of the
information
confiscated materials used in
Picture or sketch of the fish
the construction and operation
corrals/traps, fish pens and
by the Department with the
fish cages constructed in a
assistance of the Philippine
stream, river,
orand
bay Fish Cages
Coast Guard, PNP-Maritime
2. Construction and Operation of Fish Corrals/Traps,
Fishlake
Pens
Certification by Philippine
Command
Coast Guard or other
competent authority that the
(Section 103)
fish corrals/traps, fish pens
and fish cages impede
navigation; or Certification by
the Municipal Agriculture
Officer that the fish
corrals/traps, fish pens and
66
67
Where to file:
Prosecutors Office
BFAR for the
administrative case;
or LGU if allowed by
an ordinance
68
Where to file:
Prosecutors Office
69
Where to file:
Prosecutors Office
Penalties:
Where to file:
Prosecutors Office
Elements:
1. A person/entity is engaged in
fishing
To prove Elements #1-2:
2. The
or captain
of a Requirements
Copy of the Commercial
Suspension of license to
B. Failure
toowner
Comply
with Report
commercial fishing vessel fails
Fishing Vessel and Gear
operate the commercial fishing
to exhibit or show proof of
License
vessel until the safety standard
compliance with the safety
Copy of boat license from
has been complied with.
standards
MARINA
Affidavit of the apprehending
(Section 103 (a))
officer(s) indicating
o The identity and
Fine: P2,000.00 to P10,000.00
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
personal circumstances
or
of the apprehended
person
Imprisonment: 1 month and 1
1. Capture of breeders, spawners, eggs or fry
o The position or location
day to 6 months, or
of the fishing vessel if at
sea
Both, upon the discretion of the
o The conduct of
court
inspection and the
specific violations of
Administrative fine: not more
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens and Fish Cages
safety
standards
than P10,000.00 or
Apprehension Report with
inventory and seizure receipt
Cancellation of his permit or
Receipt of confiscated fish
license, or
and disposal thereof, if any
Both in the discretion of the
Secretary
Impoundment by the
Department with the assistance
70
BFAR for
administrative
charges and
proceedings
(Section 103)
- added to every penalty:
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed
(Section 103)
Possible violation: Commercial
Recommended evidence for
Penalties:
Fishing Vessel Operators
Commercial Fishing Vessel
Employing
Unlicensed
Fisherfolk
Operators
Fine: P500.00requirements
each for every
5. Fishing without
license
or necessary
permitsEmploying
or not complying with documentary
or Fishworker or Crew (Sec. 104,
Unlicensed Fisherfolk or
month that the same has been
RA 8550)
Fishworker or Crew in relation
employed and/or P1,000.00 for
to Failure to comply with
every month for each
Elements:
standards:
unlicensed crew member who
1. A person/entity owns or
has been employed.
operates a commercial fishing
To prove Elements #1-3:
6. Intrusion
fishersthat
in municipal
waters 104)
- commercial
Affidavit indicating
(a) at
vessel of licensed and unlicensed
(Section
the time of apprehension,
2. The owner/operator employs
persons who were later found
fisherfolk, fishworker or crew
out to
unlicensed
were
3.
Said fisherfolk,
fishworker
or
7. Marketing
and buying
illegally-caught
fish
& be
fishery
species
employed as fish workers or
crew are unlicensed
crew, and that (b) the
apprehending team asked for
their licenses but none could
be presented
Apprehension report by the
apprehending team
Inventory of crew by the
apprehending officers or
71
Where to file:
Prosecutors Office
investigating team
Certification by BFAR that no
license has been issued in
the name of the alleged
unlicensed fishworker and/or
crew
72
Where to file:
Prosecutors Office
BFAR/LGU for the
revocation of
license
73
Where to file:
Prosecutors Office
BFAR for the
automatic
revocation of
license
MARINA for the
cancellation of the
vessel registration
(MARINA Rules)
Penalties:
Where to file:
Prosecutors Office
Elements:
(Section 90 (1))
1. A person/entity is fishing
inside
fishery management
For the vessel owner/operator:
To prove Element #1:
B. Failure
to Comply
with Report Requirements
Affidavit of apprehending
areas
Fine: P2,000.00 to 20,000.00
officer(s) indicating
2. He uses active gear in fishing
upon the discretion of the court.
o The position/location of
the fishing vessel within If the owner/operator is a
Note: Active fishing gear is
a fishery management
characterized by gear movement,
corporation, the penalty shall
area
and/or pursuit of the target species
be imposed on the chief
o The act or actual fishing executive officer of the
by towing, lifting and pushing the
activity ofFish
the vessel
in Products
gears, Fishing
surrounding,
covering,
Corporation.
C. Illegal
Activities
and Dealing in Illegally-Caught
or Fishery
the area using a fishing
dredging, pumping and scaring the
gear
target species
to impoundments.
If the owner/operator is a
1. Capture
of breeders,
spawners, eggs or fry
Receipt of confiscated fish and partnership the penalty shall be
disposal thereof, if any
imposed on the managing
Apprehension report with
partner.
inventory and seizure receipt
(Section 90(2))
To prove Element #2:
Affidavit byFish
the apprehending
Confiscation and forfeiture of
2. Construction and Operation of Fish Corrals/Traps,
Pens and Fish Cages
officer showing that the gear
catch
used is active
Apprehension report and
(Section 90)
seizure receipt of confiscated
gear
Picture of gear used
74
75
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
Elements:
1. A person/entity engages in
fishing
2. The fishing activity is done
To prove Element #1:
inside
an
area
declared
by
DA
Affidavit of the apprehending
B. Failure to Comply with Report Requirements
as a fishery reserve, refuge or
officer(s) indicating that the
sanctuary
apprehended person is in the
act of fishing
Penalties:
Where to file:
Imprisonment: 2 to 6 years
and/or
Prosecutors Office
Fine of P2,000.00 to
P20,000.00 and
Forfeiture of the catch and
Cancellation of fishing permit
or license.
76
5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Unauthorized
Recommended evidence for
Penalties:
3. Failure
Complyin
with
StandardsUnauthorized Fishing or
Fishing
or to
Engaging
Other
Unauthorized Fisheries
Engaging in Other Unauthorized
On any commercial fishing boat
Activities (Section 86, par 1, RA
Fisheries Activities in relation to
captain or the three (3) highest
8550)
Fishing without license or
officers of the boat:
necessary permits or not
Elements:
complying
with areas
documentary
Fine: equivalent to value of
4. Fishing in overexploited or fishery
management
requirements:
1. A person or entity exploit,
catch or P10,000.00, whichever
occupy, produce, breed,
is higher, and
culture, capture or gather
To prove Elements #1-3:
a. Fish, fry or
Imprisonment: 6 months,
Affidavit of apprehending
fingerlings
officer(s) indicating
b. Of any fishery
Confiscation of catch and
o
Actual fishing activity
species or fishery
fishing gears, and
o
That the fishing
products
activity
is within with documentary requirements
5. Fishing without
license or necessary permits or
not complying
2. The fishery activity is done in
Automatic revocation of
Philippine waters
Philippine waters
license.
o
The fact that upon
3. It is done without license,
apprehension, no
lease or permit
(Section 86)
permit, license or
lease was presented
Note: Discovery of any person in
by the accused
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters
said
areas without
permit or
Picture showing
the fishing
registration is prima facie evidence.
activity
GPS reading of the location of
the fishing activity
7. Marketing and buying illegally-caught fish & fishery species
Receipt of confiscated fish and
disposal thereof, if any
Apprehension report with
inventory and seizure receipt
Receipt of impounded vessel
-
77
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
78
Where to file:
Prosecutors Office
BFAR for
administrative
charges
Philippine territorial
disposal thereof, if any
waters without prior
Apprehension report with
3. Failure to Comply
Standards
notice to,with
clearance
inventory and seizure receipt
of, or permission
Picture of the fishing vessel
from the appropriate
and/or receipt of impounded
Philippine authority
fishing vessel
d. Navigating in a
that does
Note:
Exclusive Economic
Zone
4. Fishing in manner
overexploited
or fishery
management
areas
not qualify as
(EEZ) refers to the area from the
innocent passage
seaward edge of the state's
nor navigating
territorial sea out to 200 nautical
outside traditional
miles from its coast. The term may
routes or in identified include the territorial sea and even
fishing grounds
the continental shelf beyond the
e. Navigating without
200-mile limit. A state has special
flying its
national
rightspermits
over theorexploration
and use
5. Fishing without
license
or flag
necessary
not complying
with documentary requirements
3. Or when foreign fishing vessel of marine resources, including
is found within Philippine
energy production from water and
waters and is found
wind in the EEZ. (United Nations
a. Lying-to or anchoring Convention on the Law of the Sea,
without any valid
2011)
reasons or
6. Intrusion of
licensed andthat
unlicensed commercial fishers in municipal waters
circumstances
may indicate the
existence of force
majeure, distress, or
7. Marketing and buying illegally-caught fish & fishery species
for purpose of
rendering assistance
to persons, ships or
any sea craft that is
endangered or in
distress
b. Lying-to or anchoring
at, or anchoring near
to or within known
79
4.
fishing grounds or
marine protected
areas
Or when such foreign fishing
vessel is in possession of
freshly caught fish on deck or
in storage, or corals, or
mollusks.
80
Where to file:
Prosecutors Office
81
Where to file:
Prosecutors Office
Penalties:
Where to file:
Prosecutors Office
82
7. Marketing and buying illegally-caught fish, fishery species & other aquatic wildlife
Possible violation: Dealing in,
Recommended evidence for
Penalties:
3. Failure to Comply with Standards
selling or in any manner
Dealing in, selling or in any
disposing of illegally-caught fish
manner disposing of illegallyImprisonment: 6 months to 2
(Sec 88, par. 4 in relation to par.
caught fish in relation to
years.
1, RA 8550)
Marketing and buying illegallycaught fish, fishery species &
(Section 88 (4))
4. Fishing in overexploited or fishery
management
areas
Elements:
other
aquatic wildlife:
1. The fish or any fishery species
Forfeiture of explosives,
was caught or gathered with
To prove Element #1:
noxious or poisonous
the use of electricity,
substances and/or electrical
Certification by the fish
explosives, noxious or
devices, as well as the fishing
examiner that the fish is
poisonous substance
vessels, fishing equipment and
caught with the use of
2. Such fish or any fishery
catch
explosives; or
species is dealt in, sold or in
Certification by the BFAR
5. Fishing
without
licenseof,orfor
necessary permits
orthat
not the
complying
requirements
any manner
disposed
(Section 88 (5))
laboratory
fish is with documentary
profit
caught with the use of
electricity or noxious or
poisonous substances
Photographs of the fish
examination, when applicable
Receipt of fish samples taken
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
for examination issued by the
apprehending officers
To prove
#2:
7. Marketing and buying illegally-caught
fish Element
& fishery
species
Affidavit by the apprehending
officers indicating the acts of
o
Dealing in, selling, or
in any manner
disposing of, for
profit, illegally
caught/gathered
fishery species
o
Possession of such
83
Where to file:
Prosecutors Office
fish/fishery species in
fish landing, or
market places
Auxiliary invoice, if any
Other evidence:
Apprehension report with
inventory and seizure receipt
84
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
Other evidence:
3. Failure to Comply with StandardsApprehension Report with
inventory and seizure receipt
Receipt of confiscated fish and
disposal thereof, if any
Possible violation: Importation or Recommended evidence for
Penalties:
exportation
fish or fisheryor fishery
Importation
or exportation
of fish
4. Fishing inofoverexploited
management
areas
species (Sec. 100, RA 8550)
or fishery species in relation to
Imprisonment: 8 years
Marketing and buying illegallyElements:
caught fish, fishery species &
Fine: P80,000.00 and
other aquatic wildlife:
1. A person/entity engages in
a. Importation
Destruction of live fishery
b. Exportation
species or
To prove Elements #1-2:
2. Of fish or fishery species
Affidavit of the apprehending
3.
Such importation
or
Forfeiture of non-live
fishery
5. Fishing
without license
or necessary permits
not complying with documentary
requirements
officer(s)or
indicating
exportation violates RA 8550
species in favor of the
o
The identity and
department for its proper
personal
disposition:
circumstances of the
apprehended person
o
The circumstances of Ban from being members or
stockholders of companies
the act such as
6. Intrusion of licensed and unlicensed commercial
fishers inand/or
municipal currently
waters engaged in fisheries
possession
or companies to be created in
control for purposes
the future, the guidelines for
of exportation or
which shall be promulgated by
importation
7. Marketing and buying illegally-caught fish & fishery
species
the DA.
o
Taking of specimen
and issuance of
(Section 100)
certificate of fish
and/or fishery
sample taken
Certification from BFAR of
non-issuance of export or
import permit in favor of the
accused
85
Where to file:
Prosecutors Office
86
Where to file:
Prosecutors Office
conveyances used in
connection with violations of
the act.
Fines prescribed to be
increased by at least 10%
every three years
(Section 28)
5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Possession of Recommended Evidence for
Penalties:
wildlife, their by-products or
Possession of wildlife, their byderivatives (Sec. 27 (f), RA 9147)
products or derivatives in
Species listed as critical
relation to Marketing and buying
Imprisonment: 2 years and 1
Elements:
illegally-caught fish, fishery
day to 4 years and
1. There is possession of wildlife, species & other aquatic wildlife:
Fine: P30,000 to 300,000
6. Intrusion
of licensed
and unlicensed commercial fishers in municipal waters
their by-products
or derivatives
Endangered species
2. There is no permit for the
To prove element #1
Imprisonment: 1 year and 1
possession of wildlife, their byPhoto or video or wildlife, byday to 2 years and
products or
derivatives
or derivatives
7. Marketing
and
buying illegally-caught products
fish & fishery
species
Fine: P20,000 to 200,000
Affidavit of witness as to the
possession of wildlife, byVulnerable species
products or derivatives
Imprisonment: 6 months and 1
Apprehension report with
day to 1 year and
inventory and seizure receipt
Fine: P10,000 to 100,000
Certification by PAWB or
BFAR, whichever is
Other threatened species
appropriate as to the category
of the wildlife species, their by- Imprisonment: 1 month and 1
87
Where to file:
Prosecutors Office
products or derivatives
Specimen of the wildlife
species, their by-products or
derivatives (if available)
88
8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Possible violation: Illegal possession of Recommended evidence for
Penalties:
3. Failure tonoxious
Comply or
with
Standards
explosives,
poisonous
Illegal possession of
substances or electrofishing devices
explosives, noxious or
Possession:
for illegal fishing (Sec. 88, par 2, RA
poisonous substances or
Imprisonment: 6 months to
8550)
electrofishing devices for
2 years
illegal fishing in relation to Use
Elements:
of dynamite,
(Section 88 (2))
4. Fishing in overexploited or fishery management
areascyanide, fine
mesh net and other forms of
1. A person/entity is in possession of
destructive fishing:
explosives, noxious substances,
Forfeiture of explosives,
and/or electrofishing devices
noxious or poisonous
2. Said explosives, noxious substances,
substances and/or
To prove Element #1:
and/or electrofishing device are
Affidavit by the apprehending electrical devices, as well
intended to be used for illegal fishing
as the fishing vessels,
officers indicating the
fishing equipment and
possession of explosives,
Note:
See also
RA 8294
amending
RA
catch requirements
substances,with
or documentary
5. Fishing
without
license
or necessary
permitsnoxious
or not complying
1866 or the Codifying The Laws On
electrofishing devices
Illegal/Unlawful Possession, Manufacture,
(Section 88 (5))
Apprehension report with
Dealing In, Acquisition Or Disposition Of
inventory and seizure receipt
Firearms, Ammunition Or Explosives Or
Samples of explosives,
Instruments Used In The Manufacture Of
blasting caps, noxious or
Firearms, Ammunition Or Explosives, And
poisonous substances, or
6. Intrusion
of licensed
commercial
fishers in
municipal
Imposing
Stiffer
Penaltiesand
For unlicensed
Certain
electrofishing
devices,
if waters
Violations Thereof, And For Relevant
recovered
Purposes."
Certification by the PNP-FED
or SOCO that such items
7. Marketing and buying illegally-caught fish & fishery species
were explosives or by the
BFAR that such items were
noxious or poisonous
substances
To prove Element #2:
Affidavit by witness
indicating circumstantial
evidence showing fact that
89
Where to file:
Prosecutors
Office
90
Where to file:
Prosecutors
Office
91
Where to file:
Prosecutors
Office
BFAR for the
administrative
charges
92
Where to file:
Prosecutors
Office
(Section 90)
Recommended evidence for
Penalties:
Ban on Muro-Ami, Other
Methods and Gear Destructive
For the operator, boat
to Coral Reefs and Other
captain, master fisherman,
Marine Habitat in relation to
and recruiter or organizer of
Elements:
Use of dynamite,
cyanide, fine
fishworkers:
4. Fishing in overexploited or fishery management
areas
mesh net and other forms of
1. A person/entity is engaged in actual
destructive fishing:
fishing activity
Imprisonment: 2 to 10
2. The fishing activity is done with gear
years and
method that destroys
To prove Element #1:
a. Coral reefs
Fine: P100,000.00 to
Affidavit of apprehending
b. Seagrass beds
P500,000.00 or
officer(s) indicating
c. Other fishery marine
o
The identity of the
Both, atrequirements
the discretion of
fishing vessel
5. Fishing withouthabitat
license or necessary permits or not complying
with documentary
3. These methods or types of fishing
the court.
o
The act or actual
gears are determined by the
fishing activity
Department as destructive to coral
Confiscation of catch and
Receipt of confiscated fish
reefs, seagrass beds, other fishery
gear used
and disposal thereof, if any
marine habitat
Apprehension report with
inventory and seizure receipt (Section 92, par. 2)
6. Intrusion
of licensed
and
Note:
Muro-ami
and any of
its unlicensed
variations commercial fishers in municipal waters
and such similar gear methods that require To prove Element #2 & 3:
diving, other physical and mechanical acts Affidavit of the apprehending
to
the coral
andillegally-caught
other habitat to fish & officers
7. pound
Marketing
and reef
buying
fishery showing:
species
entrap, gather or catch fish or other fishery
o
The type of the
species are also prohibited (Sec. 92(1),
fishing gear
RA 8550)
o
Said type of fishing
gear is included in
Note: See FAO 203, S. 2000 for details on
the list of fishing
Banning fishing by means of muro-ami and
gears banned
the like destructive to coral reefs, and FAO
and/or regulated by
222, S. 2003 for Regulations on operation
relevant Fisheries
of Danish Seine or Hulbot-hulbot
Administrative
3. Failureviolation:
to ComplyBan
withon
Standards
Possible
Muro-Ami,
Other Methods and Gear Destructive to
Coral Reefs and Other Marine Habitat
(Sec. 92, par. 1, RA 8550)
93
Where to file:
Prosecutors
Office
94
Where to file:
Prosecutors
Office
95
Where to file:
Prosecutors
Office
- Apprehension
Apprehension
report
report
withwith
inventory
inventory
and and
seizure
seizure
receipt
receipt
To prove
To prove
Element
Element
#2: #2:
- - Results/certification
Results/certification
of of
laboratory
laboratory
examination
examination
of of
substance
substance
or energy
or energy
- - Certification
Certification
that that
the the
substance
substance
or energy
or energy
resulted
resulted
B. Failure to Comply with Report Requirements
to, or
to,isorlikely
is likely
to result
to result
to, to,
deleterious
deleterious
effects
effects
as toas to
harm
harm
living
living
and and
non-living
non-living
aquatic
aquatic
resources
resources
- - Affidavit
Affidavit
of expert
of expert
witness
witness
that that
the substance
the substance
or energy
or energy
resulted
resulted
to, or
to,isorlikely
is likely
to to
result
result
to,Fish
deleterious
to, deleterious
effects
effects
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery
Products
as toasharm
to harm
living
living
and and
non-nonliving
living
aquatic
aquatic
resources
resources
1. Capture of breeders, spawners, eggs or fry
D. Mangrove
D. Mangrove
Destruction
Destruction
Possible
Possible
violation:
violation:
Conversion
Conversion Recommended
Recommended
evidence
evidence
for for
Penalties:
Penalties:
Where
Where
to file:
to file:
of mangroves
of mangroves
(Sec.
(Sec.
94, RA
94, 8550)
RA 8550)Conversion
Conversion
of mangroves
of mangroves
in in
relation
relation
to Mangrove
to Mangrove
destruction:
destruction:Imprisonment:
Prosecutors
Office
Office
Imprisonment:
6 years
6 years
and and
1 1 Prosecutors
Elements:
Elements:
day day
to 12toyears
12 years
and/or
and/or
2.
Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
1. 1.A mangrove
A mangrove
areaarea
is converted
is convertedTo prove
To prove
Elements
Elements
#1-2:
#1-2:
2. 2.Such
Such
conversion
conversion
is for
is for
- - Affidavit
Affidavit
showing
showing
conversion
conversion
of ofFine:Fine:
P80,000.00
P80,000.00
a. a.Fishpond
Fishpond
and/or
and/or
mangrove
mangrove
areaarea
for fishpond
for fishpond
or or
b. b.For For
any any
other
other
for any
for any
other
other
purposes
purposes
Restoration
Restoration
or compensation
or compensation
purposes
purposes
- - Apprehension
Apprehension
report
report
withwith
for the
for restoration
the restoration
of the
of the
inventory
inventory
and and
seizure
seizure
receipt
receipt damage,
damage,
if needed.
if needed.
of cut
of mangrove
cut mangrove
species
species
- - Samples
Samples
of mangroves
of mangroves
cut cut
(Section
(Section
94) 94)
- - Pictures
Pictures
of the
of converted
the converted
areaarea
Identification
scaling
sheet
- - Identification
and and
scaling
sheet
96
Penalties:
Where to file:
Prosecutors Office
Elements:
To prove element #1:
1. The wildlife species is
Affidavit showing the
destroyed
by the violatoror fishery management
destruction of
the wildlife
4. Fishing
in overexploited
areas
Endangered species
species
Note: There is no violation if the
Imprisonment: 4 years and 1
Certification or issuance as to
day to 6 years and/or
destruction falls under any of the
category of wildlife species
Fine: P50,000 to P500,000
following:
Photo or video of destroyed
a. when it is done as
wildlife species
Vulnerable species
part of the religious
Specimen of wildlife species
Imprisonment: 2 years and 1
rituals of
that was destroyed (if
day to 4 yearsrequirements
and/or
established
tribal
5. Fishing without
license
or necessary available)
permits or not complying with documentary
Fine: P30,000 to P300,000
groups or
Apprehension report with
indigenous cultural
inventory and seizure receipt
Threatened species
communities;
Imprisonment: 1 year and 1
b. when the wildlife is
day to 2 years and/or
afflicted with an
Fine:P20,000 to P200,000
incurable
6. Intrusion ofcommunicable
licensed and unlicensed commercial fishers in municipal waters
Other wildlife species
disease;
Imprisonment: 6 months and 1
c. when it is deemed
day to 1 year and/or
necessary
put an
7. Marketing and
buyingtoillegally-caught
fish & fishery species
Fine: P10,000 to P100,000
end to the misery
suffered by the
Forfeiture of all wildlife, its
wildlife;
derivatives or by-products,
d. when it is done to
and all paraphernalia, tools
prevent an imminent
and conveyances used in
danger to the life or
connection with violations of
limb of a human
the act.
being; and
e. (v) when the wildlife
97
is killed or
destroyed after it
has been used in
authorized research
or experiments.
(Section 28)
Possible violation: Obstruction
Recommended evidence for
Penalties:
to Flow and Ebb of Tide in any
Obstruction to Flow and Ebb of
Stream, River, Lake or Bay (Sec. Tide in any Stream, River, Lake
Fine: P2,000.00 to P10,000.00
103 (d), RA 8550)
or Bay in relation to Mangrove
or
C. Illegal Fishing Activities and Dealingdestruction:
in Illegally-Caught Fish or Fishery Products
Elements:
Imprisonment:1month and
1. Anyofperson/entity
puts a
1day to 6 months, or
1. Capture
breeders, spawners,
eggsTo
orprove
fry Elements #1-2:
structure in stream, river, lake Affidavit showing construction
or bay
of structures around
Both, upon the discretion of
2. Such structure obstructs flow
mangroves preventing the
the court
and ebb of tide in said bodies
natural flow and ebb of tide in
of water.
a stream, river, lake or bay; or
Administrative fine: not more
investigation report by the
than P10,000.00 or
investigating
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
team/apprehending officers
Cancellation of his permit or
indicating the above
license, or
information
Picture or sketch of the area
Both in the discretion of the
fenced and structure built
Secretary
Certification by the Municipal
Impoundment by the
Agriculture Officer that the
Department with the
structure obstructs the flow
and ebb of tides
assistance of the Philippine
98
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
(Section 103)
Penalties:
Where to file:
Prosecutors Office
To prove element #1
Photo or video of the
Endangered species
destroyed mangroves with
Imprisonment: 1 year and 1
active nests, mangrove nest
day to 2 years and
trees or mangrove host plants
Fine: P20,000requirements
to 200,000
Active
nest without
refers tolicense
a nest that
is
Report
ofwith documentary
5. Fishing
or necessary
permitsonorthe
notdestruction
complying
attended, built or maintained or
the said mangroves
Vulnerable species
used during a given breeding
Affidavit of witness on the
Imprisonment: 6 months and 1
season, whether or not eggs are
destruction of the said
day to 1 year and
laid
mangroves
Fine: P10,000 to 100,000
Source:
6. Intrusion of licensed and unlicensed commercial fishers in municipal Other
waters
threatened species
http://www.fws.gov/midwest/Midwe
stBird/EaglePermits/definitions.ht
Imprisonment: 1 month and 1
ml
day to 6 months and
Fine: P5,000 to 50,000
7. Marketing and buying illegally-caught fish & fishery species
Recommended evidence
Undertake activities in violation
of the EIA Law or PD 1586 in
relation to Mangrove destruction:
99
Where to file:
To be imposed by the
Secretary, upon PAB
EMB Regional
Director or Pollution
recommendation:
To prove Elements #1:
Photo or video showing that
Fine: P10,000.00 to
violator is undertaking activities P200,000.00 for every day of
1. Violator undertakes activities
or development and expansion violation, to be increased 10%
or development and
of projects in mangrove areas
every 2 years
expansion of project,
Report on the abovementioned
2. Acts violate the
activities
Closure, suspension of
Environmental Impact
Affidavit
of
witness
on
the
development or construction,
Statement
System
Law
B. Failure to Comply with Report Requirements
abovementioned activities of
or cessation of operations or,
(Presidential Decree
the offender
disconnection of water supply,
No.1586) and its
until compliance (order may
implementing rules and
To prove Element #2:
be issued ex parte pending
regulations.
Certification from EMB on the
case)
lack of ECC; or
Copy of the ECC and specific
(Section 28)
Note: For projects covered by PD
conditions violated
1586, Fishing
see complete
list inand
Annex
C. Illegal
Activities
Dealing in Illegally-Caught
Fish or Fishery Products
Testimony of witness as to the
4.
lack of ECC or violation of
1. Capture of breeders, spawners, eggs or fry
ECC conditions
Possible violation: Aquatic
Recommended evidence for
Penalties:
pollution - Deforestation
Aquatic pollution - Deforestation
causing similar hazards and
causing similar hazards and
deleterious effects (Secs. 102 &
deleterious effects in relation to
Imprisonment: 6 years and 1
4(4), RA 8550)
Mangrove destruction:
day to 12 years and/or
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Elements:
Fine: P80,000.00 plus an
To prove Element #1:
Photo or video showing that
additional fine of P8,000.00
1.
Deforestation activities are
deforestation activities were
per day until such violation
undertaken in the area
undertaken within the
ceases and the fines paid.
2. Deforestation activities cause
mangrove area
hazards and deleterious
Report on the deforestation
(Section 102)
effects as to harm living and
activities
Affidavit of witness on the
non-living aquatic resources,
pose potential and/or real
deforestation activities in the
Elements:
100
Adjudication Board
(PAB)
Where to file:
Prosecutors Office
101
Where to file:
Prosecutors Office
conversion, or affidavit of
witness on the wetland
conversion in the mangrove
area
102
Where to file:
Regional EMB
Director
3.
Where to file:
Penalties:
Where to file:
Prosecutors Office
103
Elements:
1. The offender cuts, gathers
and/or collects timber
2. The cutting, gathering and/or
collection of timber is done
without license
To prove element # 1:
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness attesting
to the cutting or gathering
104
Where to file:
Prosecutors Office
Elements:
To prove element # 1:
1. The offender is in possession
3. Failure
to Comply
of timber
or other with
forestStandardsPictures showing that the
product
offender is in actual
2. He has no legal documents
possession of cut mangrove
required by law and
species
regulations for such
Apprehension/investigation
possession
report or affidavit
4. Fishing
in overexploited or fishery management
areasof witness
showing the above
To prove element # 1:
Affidavit of witnesses attesting
that the offender is occupying
the mangrove area;
105
Penalties:
Where to file:
Prosecutors Office
Imprisonment: 6 months to 2
years for each such offense,
and
2.
forest land
The offender has no authority
under a license agreement,
lease, license or permit to
possess such forest land
To prove element # 2:
Affidavit of apprehending party
that no copy of such authority,
license agreement, lease,
license, permit to occupy
mangrove area was produced
when demanded;
Penalties:
Where to file:
Prosecutors Office
Elements: Inand
anyOperation
manner of Fish Corrals/Traps,
Imprisonment: 6 months to 2
To prove element
# 1:
2. Construction
Fish
Pens and Fish Cages
destroys such forest land or
years for each such offense,
Picture of the destroyed
part thereof
and
mangrove area or part thereof
1. The offender destroys forest
Affidavit of witness or ocular
land or part in any manner
inspection report by authorized Payment:10 times the rental
fees and other charges which
2. The offender has no authority
representative of DENR
would have accrued had the
showing the above
occupation and use of the land
been authorized under a
To prove element # 2:
license agreement, lease,
Certification from DENR that
106
no authority to destroy
mangrove was issued.
license or permit
107
Where to file:
Prosecutors Office
Where to file:
Prosecutors Office
Where to file:
Prosecutors Office
To prove element # 1:
- Pieces of cut, destroyed,
damaged or removed mangrove
found in a National Park
108
Where to file:
Prosecutors Office
Possible violation:
Recommended evidence for
Penalties:
Unauthorized obstruction of
Unauthorized obstruction of river
river or waterway or occupancy
or waterway in relation to
of riverbank (Sec. 91 (B)(3), PD
Mangrove destruction:
Imprisonment exceeding three
1067)
years but not more than six
5. Fishing without license or necessary
permits
or not
complying with documentary
requirements
years
To prove
Element
# 1:
Elements: Unauthorized
- Picture of dikes around the
Fine exceeding three
obstruction of river or waterway
mangrove area in a river or
thousand but not more than
waterway;
1. There is obstruction of a river
six thousand
- Ocular inspection or
or waterway;
investigation report
2. The obstruction is
Both at the discretion of the
- Affidavit indicating the
6. Intrusion
of licensed and unlicensedconstruction
commercialoffishers
waters
unauthorized
dikes inina municipal court
mangrove area in a river or
Both at the discretion of the
waterway
court
7. Marketing and buying illegally-caught fish & fishery species
To prove Element # 2:
Certification from DENR that
such obstruction is not
permitted
Possible violation:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank (Sec. 91 (B)(3), PD
109
Where to file:
Prosecutors Office
1067)
1.
To prove Element # 1:
- Testimony of witnesses indicating
occupancy of a mangrove area
along a riverbank
- Picture of area occupied
- Ocular inspection or investigation
report
Penalties:
Possible violation:
Penalties:
Elements: Occupancy of
riverbank
There is occupancy of a
riverbank or seashore;
2.
The
is without
To prove Element # 2:
B. Failure
to occupancy
Comply with
Report Requirements
permission.
- Certification from DENR that such
occupancy is not permitted
Imprisonment: 1 month to
eight years and/or
Elements:
Element #1 Fish or Fishery Products
C. Illegal
Fishing Activities and DealingTo
in prove
Illegally-Caught
1. Logging activity is undertaken Photo or video showing that
Fine: P5,000 to 5 million
in an
by thespawners,
violator
logging activities were
pesos
1. Capture
of area
breeders,
eggs or fry
2. The activity is done in a
undertaken in mangrove area
critical habitat as declared by
Affidavit of witness on the
the DENR Secretary in
logging activities in mangrove
accordance with Section 25
area by the offender
of RA 9147.
Apprehension report with
inventory and seizure receipt
Note: Loggingand
is not
defined in
2. Construction
Operation
ofthe
Fish Corrals/Traps, Fish Pens and Fish Cages
Revised Forestry Code (PD 705).
To prove Element #2
Other sources define logging as
PAWB certification or issuance
the work of cutting down trees for
that the mangrove area is
timber
designated as a critical habitat
(www.thefreedictionary.com/loggin
g) or the work of felling, trimming
and transporting timber.
110
Where to file:
Prosecutors Office
Where to file:
111
Prosecutors Office
Penalties:
112
Where to file:
Prosecutors Office
authorized
representative: Provided, That the
3.
Failureoftosand
Comply
with Standards
transport
and gravel
shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
113
Penalties:
Where to file:
Prosecutors Office
3.
ECC in a mining or
quarrying project in the
uplands,
Certification by EMB that an
ECC has been issued
(optional)
114
Penalties:
Where to file:
Prosecutors Office
5. Fishing without license or necessary permits or not complying with documentary requirements
115
Where to file:
Prosecutors Office
116
Where to file:
Prosecutors Office
EPEP/revised EPEP
Report on the
abovementioned activity
Affidavit of witness on the
abovementioned activity
5. Fishing without license or necessary permits or not complying with documentary requirements
117
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
3.
118
Where to file:
Prosecutors Office
5. Fishing without license or necessary permits or not complying with documentary requirements
119
Where to file:
EMB Regional
Director or Pollution
Adjudication Board
(PAB)
2.
in the uplands
Report on the
abovementioned activities
Affidavit of witness on the
abovementioned activities of
the offender
120
Where to file:
Prosecutors Office
herein provided
Note: In cases of gross
violations, the PAB shall issue
a resolution recommending
that the proper government
agencies file criminal charges
against the violators.
(Section 28)
Recommended evidence for
Penalties:
Noncompliance with the terms
and conditions of a smallCancellation of the contract
scale mining contract in
relation to Illegal upland
Ejectment from the smallElements:
mining:
scale mining area
5.
Fishing without license or necessary
permits or not complying with documentary
requirements
1. Peoples small-scale mining
contract was issued to the
To prove Elements # 1 and 2:
Fines: not less than
contractor
P20,000.00 and not more than
Certified true copy of the
2. Contractor failed to comply with
P100,000.00, which may be
contract
the terms and conditions of the
imposed by the Secretary
Investigation report on the
contract
violation of the terms and
6. Intrusion of licensed and unlicensed commercial
in municipal (Section
waters 21)
conditionsfishers
of the contract
Photo or video showing the
Imprisonment: not less than 6
violation of the terms and
months nor more than 6 years
conditions
of species
the contract
7. Marketing and buying illegally-caught fish
& fishery
Affidavit of witness(es) on
Confiscation and seizure of
the violation of the terms
equipment, tools and
and conditions of the
instruments
contract
Possible violation:
Noncompliance with the terms
and conditions of a small-scale
mining contract (Sec. 21, RA 7076)
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27
(Section 27)
Possible violation: Violation of the
rules and regulations issued by
121
Penalties:
Where to file:
Elements:
1. Peoples Small-scale mining
contract was issued to the
Copy of the contract
contractor
Investigation on the violation
2. Contractor violated the rules
of the rules and regulations
and regulations issued by the
Photo or video showing the
B. Failure to Comply with Report Requirements
Secretary pursuant to the
violation of the rules and
Peoples Small Scale Mining Act
regulations
Affidavit of witness(es) on
the violation of the rules and
regulations
(Section 21)
Imprisonment: not less than 6
months nor more than 6 years
(Section 27)
Recommended evidence for
Penalties:
Abandonment of the smallscale mining site by the
Cancellation of the contract
contractor in relation to Illegal
Elements:
upland mining:
Ejectment from the scale1. Small-scale
contract
wasCorrals/Traps, Fish Pens and Fish Cages
scale mining area
2. Construction
and mining
Operation
of Fish
issued to the contractor
Copy of the contract
2. Contractor abandoned the
Fines: not less than
Investigation on the
mining site
P20,000.00 and not more than
abandonment of the mining
P100,000.00, which may be
site
imposed by the Secretary
Photo or video showing the
abandonment of the mining
(Section 21)
site
Affidavit of witness(es) on
Imprisonment: not less than 6
the abandonment of the
Possible violation: Abandonment
of the small-scale mining site by
the contractor (Sec. 21, RA 7076)
122
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27
mining site
5. Fishing without license or necessary permits or not complying with documentary requirements
123
2. Offshore mining
Note: Offshore means the water, sea bottom, and subsurface from the shore or coastline reckoned from the mean tide low tide level
up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.
Possible violation: Theft of
Minerals (Section 103, RA 7942)
124
Where to file:
Prosecutors Office
The
absence
any of the foregoing
4. Fishing
inof
overexploited
or fishery management areas
documents shall be considered
prima facie evidence of illegal
mining and shall cause the
confiscation/seizure of the
minerals/mineral products and the
tools and equipment including
conveyance used in the commission
of
offense
in favor
of the or necessary permits or not complying with documentary requirements
5. the
Fishing
without
license
Government pursuant to P.D. No.
1281, subject to further investigation.
If it is found that the minerals/mineral
products seized have been mined,
extracted or removed without any
permit or authority under existing
6. Intrusion
of licensed
and unlicensed commercial fishers in municipal waters
mining
laws, rules
and regulations,
final confiscation can be effected to
be followed by the filing of the
complaint for theft of minerals.
7. Marketing and buying illegally-caught fish & fishery species
Possible violation: Violation of the
Terms and Conditions of the ECC
in a mining or quarrying projects
(Section 108, RA 7942)
1.
2.
125
Penalties:
Imprisonment: 6 months to 6
years or
Fine: P50,000.00 to
P200,000.00
or both imprisonment and
Where to file:
Prosecutors Office
3.
in a mining or quarrying
project in the offshore area,
Certification by EMB that an
ECC has been issued
(optional)
126
Penalties:
Where to file:
Prosecutors Office
127
Where to file:
Prosecutors Office
Results/certification of kind
and volume of mineral
Affidavit of
apprehending/arresting officer
and witnesses, if any, on the
offshore mining
128
Where to file:
Prosecutors Office
Penalties:
Where to file:
Prosecutors Office
129
Where to file:
Prosecutors Office
Penalties:
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
130
131
132
133
Where to file:
Prosecutors Office
pollution
Possible Violation: Illegal
Obstruction to Government
Officials in mining projects
(Section 109, RA 7942)
Elements:
Penalties:
Where to file:
Prosecutors Office
Possibleofviolation:
in eggs Recommended
evidence for
Penalties:
1. Capture
breeders,Mining
spawners,
or fry
areas closed to mining
Mining in areas closed to mining
applications (Sec. 15, par. 4,
applications in relation to
Fine: Maximum of Five
DAO 2010-21 in relation to Sec.
Onshore mining:
thousand pesos (P5,000.00)
110 of RA 7942)
To prove Element #1:
(Section 110, RA 7942)
Elements: Prohibited onshore
Report of mining in onshore
mining
area
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Photo or video showing the
1. There is mining in onshore
mining
area
Photo or video of
2. The onshore area is within two
minerals/mineral products,
hundred (200) meters from the
including the tools, equipment
mean low tide level along the
and conveyance used in the
coast
commission of the offense
Sample of minerals
Seizure receipt
-
134
Where to file:
Prosecutors Office
prove Element
#2:
4. Fishing in overexploited or fisheryTo
management
areas
Certification from the DENR
that the onshore area is within
two hundred (200) meters from
the mean low tide level along
the coast
Possible
violation:
Operating
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without license
or necessary
permits or not
complying
mining project without an ECC
Operating mining project without
(Sec. 179, DAO 2010-21 in
an ECC in relation to Onshore
Fine: Maximum of Five
relation to Sec. 110 of RA 7942)
mining:
thousand pesos (P5,000.00)
Elements:
(Section 110, RA 7942)
To prove Elements #1:
1. Contractors/Permit Holders
Photo or video showing that
6. Intrusion
licensed
and unlicensed commercial
municipal
waters
contractor orfishers
permit in
holder
is
operate aofmining
project
2. Mining project has no ECC
operating a mining project in an
onshore area
Report
on the abovementioned
7. Marketing and buying illegally-caught
fish & fishery
species
activity
Affidavit of witness on the
abovementioned activity
To prove Element #2:
Certification from EMB on the
lack of ECC
135
Where to file:
Prosecutors Office
Penalties:
Where to file:
Prosecutors Office
136
Where to file:
Prosecutors Office
Penalties:
137
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
138
Where to file:
Prosecutors Office
Possible violation:
Recommended evidence for
Noncompliance with the terms
Noncompliance with the terms
3. Failure
to Comply
with Standards and conditions of a small-scale
and
conditions
of a small-scale
mining contract (Sec. 21, RA
mining contract in relation to
7076)
Onshore mining:
Penalties:
Where to file:
Elements:
To prove Elements # 1 and 2:
1.
Peoples
mining
Fines: not less than
Certified true
copy of the
4. Fishing
in small-scale
overexploited
or fishery- management
areas
contract was issued to the
P20,000.00 and not more
contract
contractor
than P100,000.00, which
Investigation report on the
2. Contractor failed to comply
may be imposed by the
violation of the terms and
with the terms and conditions
Secretary
conditions of the contract
of the contract
Photo or video showing the
(Section 21)
violation of the terms and
conditions of the contract
Imprisonment:
not less than 6
Affidavitorofnot
witness(es)
on the
5. Fishing without license or necessary
permits
complying
with documentary
requirements
months nor more than 6
violation of the terms and
years
conditions of the contract
Prosecutor's Office
for the criminal
charges
139
Penalties:
Where to file:
Prosecutor's Office
for the criminal
charges
140
Where to file:
MGB for the
administrative
charges
Prosecutor's Office
for the criminal
charges
(Section 27)
4. Quarrying
Note: Quarrying is the process of extracting, removing and disposing quarry resources found on or underneath the surface of
4. Fishing
overexploited
areas
private orinpublic
land (Sec.or
3 fishery
(ar), RAmanagement
7942).
Penalties:
Where to File:
Imprisonment: 2 to 10 years
Prosecutors Office
Fine: P100,000.00 to
P500,000.00 or
Elements:
To prove Elements #1-2:
5. Fishing without license or necessary permits or not complying with documentary requirements
1. There is a person or entity
Affidavit of apprehending
Both, at the discretion of the
2. Such person or entity is
officer(s) indicating
court.
o
The identity and
gathering, selling or exporting
personal
a. White sand
Confiscation of the substance
b. Silica
circumstances of
taken from its marine habitat
c. Pebbles
the apprehended
personin municipal waters
d. of
Other
substances
(Section 92, par. 4)
6. Intrusion
licensed
and unlicensed commercial fishers
o
The act indicating
that make up any
that the person is
marine habitat
3. Such white sand, silica,
gathering, selling
7. Marketing
buying
illegally-caught fish & fisheryorspecies
pebbles orand
other
substances
exporting
white sand, silica,
come from any marine habitat
pebbles, or other
substances that
make up marine
habitat
Apprehension report with
inventory and seizure receipt
To prove Element #3:
141
Possible
BanReport
on
Recommended evidence for Ban
B. Failure
to violation:
Comply with
Requirements
extraction of gravel and sand
on extraction of gravel and sand
from beaches (Sec. 1, Batas
from beaches in relation to
Pambansa 265)
Quarrying:
Penalties:
Where to file:
Prosecutors Office
Elements:
Fine: not less thanP1,000 or
To prove Elements #1-2:
1. Any person or entity
Affidavit of apprehending
2. Engaged in
officer(s) indicating
Both, at the discretion of the
a. extraction
gravel
o
The
identity
and Products
court.
C. Illegal Fishing
Activitiesofand
Dealing in Illegally-Caught
Fish
or Fishery
and sand
personal
and such
other
circumstances of
(Section 2)
1. Capture ofb.breeders,
spawners,
eggs or fry
activities
the apprehended
c. as would erode or
person
diminish the natural
o
The act indicating
beauty of beaches
that the person is
engaged in the
extraction of
2. Construction and Operation of Fish Corrals/Traps, Fishgravel
Pens and
and sand
Fish Cages
or such other
activities as
would erode or
diminish the
natural beauty of
beaches
Apprehension report with
inventory and seizure receipt
Pictures showing the activity
142
Penalties:
Where to file:
Imprisonment: 1 month to 8
years and/or
Prosecutors Office
143
Where to file:
EMB Regional
Director or Pollution
Adjudication Board
(PAB)
2.
abovementioned activities of
the offender
Penalties:
144
Where to file:
Regional EMB
Director
Penalties:
Suspension or cancellation of
the ECC
EMB Regional
Office
145
Where to file:
Where to file:
Prosecutors Office
146
Where to file:
Prosecutors Office
apprehending/arresting officer
and witnesses, if any, on the
quarrying
147
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
Permit
Remedial measures
(Sec. 175, DAO 2010-21)
C.F.
Illegal
Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products
NIPAS
Protected
Area Violations
Possible violation: Illegal hunting Recommended evidence for
Penalties:
1. Capture
of breeders,
or fry hunting in relation to
(Sec. 20(a),
RA 7586)spawners, eggs Illegal
NIPAS Protected Area violations:
Fine: P5,000 to P500,000,
Elements:
exclusive of the value of the
1. The offender hunts
thing damaged or
To prove element # 1:
2. The place where he hunts is
- Affidavit of eye witnesses as to
declared as protected area
Imprisonment: 1 to 6 years,
the hunting
3. The hunting is without permit
or
- Pictures of the act of hunting the
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
from the PAMB
products of the hunt
Both,
To prove element # 2:
Restoration or compensation
- Certification from PASu or PAMB
that the area is declared Protected for the restoration
area
To prove element # 3:
- Certification of the PaSu or PAMB
that such person has no permit
148
Where to file:
Prosecutors Office
149
150
To prove element # 2:
Certification from the PAMB or
PaSu that said motorized
equipment use is without
permission
151
Elements:
1. The offender mutilated,
To establish element # 1:
defaced or destroyed object of
Affidavit of witness showing
natural beauty or objects of
that the offender mutilated,
interest
to cultural
defaced or destroyed object of
B. Failure
to Comply
with Report Requirements
communities
natural beauty or objects of
2. That the mutilation,
interest to cultural communities
defacement or destruction was Certification from proper
done inside the protected
agency that the object
areas
mutilated, defaced or destroyed
is of natural beauty or of
interest to CCs;
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To establish element # 2:
from PaSu or PAMB
1. Capture of breeders, spawners, eggs -orCertification
fry
or affidavit of witness that the acts
performed were done inside a
protected area
Possible violation: Damaging
Recommended evidence for
roads (Sec. 20(e), RA 7586)
Damaging roads in relation to
NIPAS Protected
2. Construction and Operation of Fish Corrals/Traps,
FishArea
Pensviolations:
and Fish Cages
Elements:
1. The offender either damaged
To establish element # 1:
and left roads or trails in a
- Pictures of the damaged roads or
damaged condition
trails
2. The damaged roads or trails
- Testimony of witnesses as to the
are inside a protected area
act of damaging and leaving roads
or trails in a damaged condition
To prove element #2:
152
153
To establish element # 2:
- Certification from PaSu/PAMB
that the construction/maintenance
of structure, fence or enclosures
or the conduct of business
enterprise is without permit
B. Failure to Comply with Report Requirements
To establish element # 3:
- Map showing the location of
structure, fence or enclosure or
business enterprise within PA;
- Certification from PaSu or PAMB
that the structure, fence or
or business
C. Illegal Fishing Activities and Dealing inenclosure
Illegally-Caught
Fishenterprise
or Fishery Products
is within PA
154
protected area
To establish element # 2:
Certification of PaSu/PAMB
that the above acts were done
within PA
Possible
Altering or fisheryRecommended
evidence for
4. Fishingviolation:
in overexploited
management areas
boundary marks (Sec. 20(i), RA
Altering boundary marks in
7586)
relation to NIPAS Protected Area
violations:
Elements:
1. The offender alters, removes,
To establish element # 1:
destroys or defaces boundary
Affidavit of the witnesses that
marks or signs
offender altered, removed,
2.
Such marks
or signs
constitute
5. Fishing
without
license
or necessary permits
oror
not
complying
with documentary requirements
destroyed
defaced
boundary
boundary mark or sign of the
marks or signs
protected areas
Picture of altered, removed,
destroyed or defaced boundary
marks or signs
To establish element # 2:
6. Intrusion of licensed and unlicensed
in municipal waters
- commercial
Certification fishers
of PaSu/PAMB
that such mark or sign is a
boundary mark or sign of PA
155
Penalties:
Where to file:
Prosecutors Office
Elements:
Imprisonment: not more than
1. Any person unlawfully
two (2) years, or
obstructs
or
delays
the
B. Failure to Comply with Report Requirements
inspection and/or movement of To prove Element #1:
Both, upon the discretion of
fish and fishery/aquatic
the court.
Affidavit of inspecting officer or
products
witness that the offender
2. The inspection or movement is
(Section 103)
unlawfully obstructed or
authorized under RA 8550
delayed the inspection and/or
movement of fish and
fishery/aquatic products
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove Element #2:
Certification by BFAR that the
1. Capture of breeders, spawners, eggs -or fry
inspection and/or movement of
fish and fishery/aquatic
products is authorized under
RA 8550
Possible violation: Obstruction
Recommended evidence for
Penalties:
2. Construction
and
Operation of Fish Corrals/Traps,
PensLaw
and Fish Cages
to Fishery Law
Enforcement
Obstruction toFish
Fishery
Officer (sec. 106, RA 8550)
Enforcement Officer in relation to
Fine: P10,000.00
Obstruction to Regulatory
Elements:
Inspection and Disregard of
Cancellation of the
Lawful Orders:
1. A fishery law enforcement
registration, permit and/or
officer is in the performance of
license of the vessel
his duties
including the license of the
To prove Element #1:
2. The boat owner, master or
master fisherman
Certification by the BFAR or
operator or any person acting
other relevant law enforcement
156
Where to file:
Prosecutors Office
BFAR and MARINA
for administrative
charges
157
Where to file:
EMB Regional
Director or PAB
development or construction,
or cessation of operations or,
disconnection of water
supply, until compliance
(order may be issued ex
parte pending case)
(Section 28)
158
Where to file:
Prosecutors Office
abovementioned activities of
the violator
Possible
Failure or
evidence for
Penalties:
4. Fishingviolation:
in overexploited
or fisheryRecommended
management areas
refusal to submit reports, notices Failure or refusal to submit
or other information, access to
reports, notices or other
Imprisonment: 6 months and
records as required by this Act,
information, access to records as
one day to 6 years and one
or permit inspection of
required by this Act, or permit
day and a
establishment where chemicals
inspection of establishment
are manufactured, processed,
where chemicals are
Fine: P600.00 to P4,000.00
stored or otherwise held (Sec. 13
manufactured, processed, stored
(b),
RA 6969)
or otherwise
relation towith documentary
Shall not be requirements
covered by the
5. Fishing
without license or necessary
permits orheld
notin
complying
Obstruction to Regulatory
Probation Law.
Elements:
Inspection and Disregard of
Lawful Orders:
Deportation and bar from
1. Offender either:
any subsequent entry into
a. Fails or refuses to
the Philippines after serving
To prove Elements #1 (a-c):
Report and Affidavit of DENR
submit reports,
his or her sentence if the
6. Intrusion ofnotices
licensed
and unlicensed commercial
in municipal
waters
officials as tofishers
the failure
or
or other
offender is a foreigner
refusal to submit reports,
information, or
notices or other information;
b. Fails to allow access
(Section 14 (a)(i))
allow access
to records
asillegally-caught failure
7. Marketing and
buying
fish & to
fishery
speciesto
In case any violation of this
records required by RA 6969;
required by this Act,
Act is committed by a
or failure to permit inspection
or
partnership, corporation,
c. Fails to permit
association or any juridical
inspection of
person, the partner,
establishment where
president, director or
chemicals are
manager who shall consent
manufactured,
to or shall knowingly tolerate
processed, stored or
otherwise held
such violation shall be
159
Where to file:
Prosecutors Office
DENR for
administrative
charges
(Section 14 (a)(iii))
Administrative fine: P10,000
to 50,000
(Section 15)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
160
H. Upland Deforestation
Possible violation: Aquatic
Recommended evidence for
3. Failure- to
Comply withcausing
Standards Aquatic pollution - Deforestation
pollution
Deforestation
similar hazards and deleterious
causing similar hazards and
effects (Secs. 102 & 4(4), RA
deleterious effects causing
8550)
similar hazards and deleterious
effects in relation to Upland
Elements:
4. Fishing in overexploited or fisherydeforestation:
management areas
1.
2.
Penalties:
Where to file:
Prosecutors Office
Deforestation
To prove Element #1:
Deforestation causes hazards
Photo or video showing that
and deleterious effects as to
deforestation was undertaken
(Section 102)
harm living and non-living
in the uplands
aquatic resources, pose
Investigation/Apprehension
potential and/or real hazard to
Report on the deforestation, or
5. Fishing
license ortonecessary
permits
complying
human without
health, hindrance
the
affidavitor
of not
witness
on the with documentary requirements
aquatic activities such as
same
fishing and navigation
To prove Element #2:
Certification by BFAR that the
deforestation resulted or is
likely to result in such
6. Intrusion of licensed and unlicensed commercial
fishersas
in to
municipal
waters
deleterious effects
harm
living and non-living aquatic
resources, pose potential
and/or
real hazard
to human
7. Marketing and buying illegally-caught fish
& fishery
species
health, hindrance to the
aquatic activities such as
fishing, or Affidavit of expert
witness as to the hazard and
deleterious effects of the
deforestation
161
Penalties:
Where to file:
Imprisonment: 1 month to
eight years and/or
Prosecutors Office
Elements:
To prove Element #1:
1. Logging activity is undertaken
Photo or video showing that
Fine: P5,000 to 5 million
in an area by the violator
logging activities were
pesos
2. The activity is done in a critical
undertaken in an upland area
habitat
as declared
by the Requirements
Affidavit of witness on the
B. Failure
to Comply
with Report
DENR Secretary in accordance
logging activities in an upland
with Section 25 of RA 9147.
area by the offender
Apprehension report with
Note:
inventory and seizure receipt
Logging is not defined in any legal
document in the Philippines. Other
To prove Element #2:
sources define logging as the work
Certification or issuance that
of cutting
downActivities
trees for timber
the upland areaFish
is designated
C. Illegal
Fishing
and Dealing in Illegally-Caught
or Fishery Products
(www.thefreedictionary.com/logging)
as a critical habitat
or the work
of felling, trimming
andeggs or fry
1. Capture
of breeders,
spawners,
transporting timber.
Logging, for purposes of this
Manual, is a commonly-used term
which means cutting in PD 705,
encompassing both small- and
large-scale cutting
of trees. of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and Operation
Possible violation: Unauthorized
issuance of tax declaration (Sec.
85, PD 705)
Elements:
1. Offender is a public officer or
employee;
2. Offender issues tax declaration
162
Penalties:
Where to file:
Imprisonment:2 to 4 years
Prosecutors Office
Perpetual disqualification
from holding elective or
appointive office
to a real property
the offender is a public officer
3. He issued such tax declaration
or employee;
3. Failure
Comply with
Standards
withouttocertification
from
Director of Forest Development To prove element # 2:
AND Director of Lands (now
Certified True Copy of the tax
DENR based on EO No. 192)
declaration issued with
that the area declared for
signature of the offender
taxationinisoverexploited
alienable and or fishery management
affixed to it;areas
4. Fishing
disposable land
4. The property declared for
To prove element # 3:
taxation is not titled nor
Certification from DENR that
occupied and possessed by
no such A & D certification
IPs/ICC before July 4, 1955
was issued; or
Certification that the upland
area is a forest land and not
classified
& D;
5. Fishing without license or necessary permits
or as
notA complying
with documentary requirements
To prove element # 4:
Certification from the Register
of Deeds that no title was
issued for the upland area; and
Certification from the NCIP or
6. Intrusion of licensed and unlicensed commercial
municipal waters
LGU that thefishers
subjectinproperty
is not occupied or possessed
by the IPs/ICCs before July 4,
1955.& fishery species
7. Marketing and buying illegally-caught fish
Possible violation: Kaingin (Sec.
53, PD 705)
Elements:
1. Offender made kaingin
a. after May 19, 1975 or
b. before May 19, 1975 but
increased their clearings after
Penalties:
Where to file:
Imprisonment: 2 to 4 years
Prosecutors Office
163
164
Penalties:
Where to file:
Imprisonment: 1 month to
eight years and/or
Prosecutors Office
165
Penalties:
Where to file:
Imprisonment: 1 month to
eight years and/or
Prosecutors Office
an alien.
Fines prescribed to be
increased by at least 10%
every three years
(Section 28)
166
Where to file:
Prosecutors Office
6. Intrusion
commercial
XXXof licensed and unlicensed
To prove
elementfishers
#2: in municipal waters
Certification by BFAR/ PAWB/
(iii) imparts objectionable
PCSD that no permit was
odor, temperature change,
issued for the introduction,
7. Marketing and buying illegally-caught fish & fishery species
or physical, chemical or
reintroduction or restocking of
biological change to any
wildlife resources
segment of the water
body; or
XXX
(Section 4 (bb), RA 9147)
167
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
168
169
Where to file:
EMB Regional
Director or PAB
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
P200,000.00 for every day of
To prove Elements #1 and 3:
Vessel disposes medical waste
Affidavit
of
witness
as
to
the
violation, to be increased
into
sea
B. Failure to Comply with Report Requirements
disposal of medical waste;
10% every 2 years
2. Medical waste is potentially
location of disposal; and that
infectious
the condition of health and
Closure, suspension of
3. Does not fall under the
safety of individuals on board
development or construction,
exception - the health or safety
the vessel is not threatened by or cessation of operations or,
of individuals on board the
a great and imminent peril
disconnection of water
vessel is threatened by a great
Report on the disposal of
supply, until compliance
and imminent peril
medical waste Fish or Fishery Products
(order may be issued ex
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Photo or video showing the act parte pending case)
1. Capture of breeders, spawners, eggs or fryof disposal
(Section 28)
To prove Elements #2:
Sample of disposed medical
waste
Results/certification of
laboratory examination that
medical waste
is potentially
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
and Fish Cages
infectious
Affidavit of expert witness or
Certification that the medical
waste is potentially infectious
1.
170
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
P200,000.00 for every day of
prove Element
#1:
1.4. Fishing
There isintransport
or dumping
overexploited
or fisheryTo
management
areas
Photo or video showing the
violation, to be increased
into sea water of sewage
transport or dumping of
10% every 2 years
sludge or solid waste as
sewage sludge or solid waste
defined in RA 9003
into sea water
Closure, suspension of
2. Transport or dumping is
Report on the transport or
development or construction,
unauthorized
dumping of sewage sludge or
or cessation of operations or,
solid waste into sea water or
disconnection of water
Affidavitor
of not
witness
on the with documentary
supply, until compliance
5. Fishing without license or necessary permits
complying
requirements
transport or dumping of
(order may be issued ex
sewage sludge or solid waste
parte pending case)
into sea water by the offender
Sample of dumped sewage
(Section 28)
sludge or solid waste
Results/certification of
6. Intrusion of licensed and unlicensed commercial
fishers in municipal
waters
laboratory examination
of
sewage sludge or solid waste
To prove Element #2:
7. Marketing and buying illegally-caught fish & fishery species
Certification or issuance that
the transport or dumping of
sewage sludge or solid waste
into sea water has no permit
171
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
P200,000.00 for every day of
violation, to be increased
10% every 2 years
172
discharged
173
Where to file:
EMB Regional
Director or PAB
174
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO
175
(Section 28)
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office
for the criminal
charges
Imprisonment: 1 year to 6
years
To prove Elements #1, 3 & 4:
Affidavit of witness or Report
Act is in violation of Section 4 of PD
as to the following:
or both, for each offense,
979, such
that:
B. Failure
to Comply
with Report Requirements
o
The violator discharged,
without prejudice to the civil
1. Violator discharges, dumps or
dumped or suffered,
liability of the offender in
suffers, permits the discharge
permitted the discharge of accordance with existing
of substances
substances
laws
2. Such substances are either oil,
o
The discharge was from
noxious gaseous and liquid
or out of any ship, vessel, If discharge is oil or other
harmful substances:
substances and other harmful
barge, or any other
floating craft,
oror
other
C. Illegalsubstances
Fishing Activities and Dealing in Illegally-Caught
Fish
Fishery Products
Fine: P500,000.00 to
3. The discharge is from or out of
man-made structures
P3,000,000.00 per day for
any
ship,
vessel,
barge,
or
any
o
The
discharge
was
made
1. Capture of breeders, spawners, eggs or fry
each day of violation
other floating craft, or other
at sea by any method,
man-made structures
means or manner, into or
Withholding of clearance of
4. The discharge is made at sea
upon the territorial and
by any method, means or
inland navigable waters of such vessel from Philippine
port until the fine is paid
manner, into or upon the
the Philippines.
territorial and inland navigable
Photo or video showing the
Liability for cleanup costs by
waters ofand
the Philippines.
above Fish Pens and Fish Cages
2. Construction
Operation of Fish Corrals/Traps,
the owner or operator of a
vessel or facility which
To prove Element #2:
discharged the oil or other
Sample of the substance
harmful substances
discharged
Photo or video showing act of
(Section 28, RA 9275)
taking samples
Results/certification of
Suspension of Seafarers
laboratory examination of
discharged oil harmful
Identification Record Book
176
Philippine Coast
Guard and MARINA
for the administrative
charges
substance
Affidavit of witness as to the
pollution caused by the
harmful substance
Possible
violation:
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without Violation
license orof
necessary
permits or not
complying
Marine Pollution Decree (Sec. 28,
Violation of Sec. 4(b) of the
par 5, RA 9275 in relation to Sec.
Marine Pollution Decree in
Fine: P50,000.00 to
4(b) of PD 979)
relation to Discharge or dumping P1,000,000.00
and/or transport of pollutants:
Elements:
Imprisonment: 1 year to 6
years
To prove Elements #1-2:
6. Intrusion
of licensed
and
unlicensed
fishers as
in to
municipal
waters
- commercial
Affidavit of witness
the
Act
is in violation
of Section
4 of
PD
incident and location of the
or both, for each offense,
979, such that:
source or Investigation report
without prejudice to the civil
1.
Offender throws,
discharges
or
on the
incident species
and location
liability of the offender in
7. Marketing
and buying
illegally-caught
fish
& fishery
deposits, dumps, or causes,
Photo or video showing the act accordance with existing
suffers or procures to be
laws
thrown, discharged, or
To prove Elements #3:
deposited
Sample of the refuse matter
2. from the shore, wharf
Photo or video of sampling
3. any refuse matter of any kind or
activity
description whatever other than Results/certification of
that flowing from streets and
laboratory examination of the
sewers and passing therefrom
refuse matter
177
Where to file:
Prosecutors Office
4.
in a liquid state
into tributary of any navigable
water from which the same
shall float or be washed into
such navigable water
178
Where to file:
Prosecutors Office
4.
179
Penalties:
Where to file:
Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or
Prosecutors Office
Imprisonment: 6 years to 10
Violator deliberately discharges
years, or both
To prove Elements #1:
toxic
pollutants
identified
Affidavit
of
witness
or
Report
B. Failure to Comply with Report Requirements
pursuant to RA 6969
as to the deliberate discharge
If offender is a juridical
2. Toxic pollutants are in toxic
of toxic pollutants
person, the president,
amount
Photo or video showing the act manager, and pollution
Sample of toxic pollutants
control officer or official in
discharged
charge of the operation shall
Photo or video showing the act suffer penalty herein
of taking samples
provided
- Illegally-Caught
Results/certification
C. Illegal Fishing Activities and Dealing in
Fish of
or Fishery Products
laboratory examination that
Note: In cases of gross
the
toxic
pollutant
is
identified
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
pursuant to RA 6969
issue a resolution
Apprehension report with
recommending that the
inventory and seizure receipt
proper government agencies
file criminal charges against
To prove Element #2:
the violators.
Certification by the DENREMB that Fish
the discharged
(Section 28)
2. Construction and Operation of Fish Corrals/Traps,
Pens and Fish Cages
substance is in toxic amount
1.
180
181
(Section 28)
Where to file:
Prosecutors Office
Penalties:
Where to file:
Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or
Prosecutors Office
Imprisonment: 6 years to 10
years, or both
If offender is a juridical
person, the president,
Examples:
To prove Element #2:
manager, and pollution
non-payment of fines
Photo or video showing that
control officer or official in
breaking of seals
violator is undertaking
charge of the operation shall
operating despite the existence
activities in blatant disregard
suffer penalty herein
of an order for closure,
of the PAB order/s
provided
or cessation
of
- Illegally-Caught
Report on the Fish or Fishery Products
C. Illegaldiscontinuance
Fishing Activities
and Dealing
in
operation.
abovementioned activities
Note: In cases of gross
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
issue a resolution
recommending that the
proper government agencies
file criminal charges against
the violators.
(Section 28)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
182
183
Where to file:
Prosecutors Office
Penalties:
Where to file:
Prosecutors Office
184
185
Where to file:
Prosecutors Office
Penalties:
Where to file:
Regional EMB
Director
1. The
projectActivities
is a declared
ToIllegally-Caught
prove Elements #1
and
C. Illegal
Fishing
and ECP
Dealing in
Fish
or#2:
Fishery Products
Certification from the EMB that
or in a declared ECA
2. Actual
undertaking
or operating
1. Capture
of breeders,
spawners,
eggs or frythe project is an ECP or is in
an ECA
the declared ECP or project in
Photo or video showing that
an ECA by a person,
partnership or corporation
person, partnership or
3. The project has no ECC
corporation is undertaking
activities or operating project
that is a declared ECP or in an
For a list of ECPs and ECAs, see
ECA
Annex 4.
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Investigation report on the
abovementioned activities or
Affidavit of witness on the
abovementioned activities
To prove Element #3:
Certification from EMB on the
lack of ECC
186
Penalties:
Where to file:
Suspension or cancellation of
the ECC
Penalties:
Suspension or cancellation of
Elements:
the ECC
6. Intrusion of licensed and unlicensed
commercial
fishers
To prove
Elements
#1-2:in municipal waters
1. There are standards, rules, and Certified copy of the EMB
Fine: not to exceed P50,000
regulations issued by the EMB
standards, rules and
for every violation
pursuant to
PDbuying
1586 illegally-caught fish
regulations
violated
7. Marketing
and
& fishery
species
2. Violation of the standards, rules Affidavit of witness or
and regulations
Investigation report as to
violation of the standards,
rules and regulations issued
by the EMB
Photo or video showing the
act, if applicable
187
Where to file:
EMB Regional Office
Penalties:
Where to file:
Prosecutors Office
Community service: 1 to 15
days to an LGU where such
To prove Elements #1-2:
Photo or video showing the act prohibited acts are
1. Actual littering, throwing,
of littering, throwing, dumping
committed, or both;
dumping
of waste
B. Failure
to Comply
withmatters,
Report or
Requirements
of waste matters or causing or
causing or permitting the same;
permitting the same in public
(Sec. 49, par (a))
2. Acts done in public places,
places, such as roads,
such as roads, sidewalks,
sidewalks, canals, esteros or
canals, esteros or parks, and
parks, and establishment
establishment.
Report or Affidavit of witness
on the act of littering, throwing,
dumping or waste
matters
or Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery
causing or permitting the same
1. Capture of breeders, spawners, eggs or fryin public places and
establishment
Possible violation: Transporting
Recommended evidence for
Penalties:
and dumping in bulk wastes in
Transporting and dumping in
areas other than centers or
bulk wastes in areas other than
Fine: P10,000.00 to
facilities prescribed (Sec. 48 (13),
centers or facilities prescribed in P200,000.00
RA 9003)
relation to Discharge
orand
dumping
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens
Fish Cages
and/or transport of pollutants:
or
Elements:
Imprisonment: 30 days to 3
To prove Elements #1-2:
1. Violator transports and dumps
Affidavit of witness or Report
years, or Both
in bulk collected domestic,
as to the transport and
dumping in bulk of collected
industrial, commercial, and
(Sec. 49, par (e))
institutional wastes
wastes in areas other than
If the offense is committed
2. Dumping was made in areas
centers or facilities prescribed
other than centers or facilities
under the law
by a corporation, partnership,
188
Where to file:
Prosecutors Office
6. Intrusion
of licensed
and unlicensed
commercial fishers
in for
municipal waters
Possible
violation:
Storage,
Recommended
evidence
Penalties:
importation or bringing into
Storage, importation or bringing
Philippine territory hazardous and into Philippine territory
Imprisonment: 12 years and
nuclear
wastes
(Sec.
13(d),
RA
hazardous
and nuclear
wastes in 1 day to 20 years
7. Marketing
and
buying
illegally-caught
fish & fishery
species
6969)
relation to Discharge or dumping
and/or transport of pollutants:
Deportation and bar from any
Elements:
subsequent entry into the
Philippines after serving his
To prove Elements #1-2:
Affidavit of witness or Report
or her sentence if the
1. Violator
as to the causing, aiding or
offender is a foreigner
a) causes, aids or facilitates,
facilitating in the storage,
directly or indirectly, in the
importation or bringing into
(Section 14 (b)(i))
storage, importation, or
Philippine territory any amount
bringing into Philippine
189
Where to file:
Prosecutors Office
for criminal charges
EMB for
administrative
charges
190
(Section 14 (c))
Obligation to transport or
send back hazardous or
nuclear wastes
Administrative fine:
P10,000.00 to P50,000.00
(Section 15)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
2. Failure to clean-up pollution
7. Marketing
and buying
fish & fishery
species
Possible
violation:
Failureillegally-caught
to
Recommended
evidence
for
undertake clean up operations
Failure to undertake clean up
(Sec. 28, par 2, RA 9275)
operations in relation to Failure to
clean-up pollution:
Elements:
To prove Element #1:
1. There is an order to undertake
A certified copy of the order to
clean-up operations
undertake clean-up operations
2. Violator fails or refuses to
undertake clean-up operations
191
Penalties:
Where to file:
Prosecutors Office
Imprisonment: 2 to 4 years
(Section 28, paragraph 2)
192
Where to file:
Prosecutors Office
water contamination
Photo or video showing the
affected area before and after
the order to clean up
193
Where to file:
Prosecutors Office
(Section 28)
Penalties:
Where to file:
Suspension or cancellation
of the ECC
194
Penalties:
Where to file:
Prosecutors Office
or
2.
195
Elements:
To prove Element #1:
1. Contractors/Permit Holders
Photo or video showing that
operate a mining project
contractor or permit holder is
2.
Mining
project
has
no
ECC
operating mining project
B. Failure to Comply with Report Requirements
Affidavit of witness or Report
showing that contractor or
permit holder is operating
mining project
Penalties:
Where to file:
Prosecutors Office
Penalties:
196
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
197
Possible violation:
Noncompliance with the terms
and conditions of a small-scale
mining contract (Sec. 21, RA
7076)
Penalties:
Where to file:
Elements:
To prove Elements # 1 and 2:
1. Peoples small-scale mining
Fines: not less than
Certified copy of the contract
contract
was
issued
to
the
P20,000.00
and not more
Investigation
report
or
Affidavit
B. Failure to Comply with Report Requirements
contractor
than P100,000.00, which may
of witness(es) on the illegal
2. Contractor failed to comply
be imposed by the Secretary
discharge of mine tailings as a
with the terms and conditions
violation of the terms and
of the contract
(Section 21)
conditions of the contract (if
applicable)
Imprisonment: not less than 6
Photo or video showing the
months nor more than 6
illegal discharge of mine
years
tailings as a violation
of Fishery
the
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or
Products
terms and conditions of the
Confiscation and seizure of
contract
1. Capture of breeders, spawners, eggs or fry
equipment, tools and
Apprehension report with
instruments
inventory and seizure receipt,
if applicable
(Section 27)
Possible violation: Violation of
Recommended evidence for
Penalties:
the rules andand
regulations
issued
Violation of the
rules
andand Fish Cages
2. Construction
Operation
of Fish Corrals/Traps,
Fish
Pens
by the Secretary on small-scale
regulations issued by the
Cancellation of the contract
mining (Sec. 21, RA 7076)
Secretary on small-scale mining
in relation to Illegal discharge of
Ejectment from the scaleElements:
mine tailings:
scale mining area
1. Peoples Small-scale mining
contract was issued to the
To prove Elements # 1 and 2:
Fines: not less than
contractor
P20,000.00 and not more
Certified copy of the small2. Contractor violated the rules
than P100,000.00, which may
scale mining contract
and regulations issued by the
be imposed by the Secretary
Certified copy of the violated
198
Prosecutors Office
for criminal charges
under Section 27
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27
(Section 21)
Imprisonment: not less than 6
months nor more than 6
years
Confiscation and seizure of
equipment, tools and
instruments
(Section 27)
199
Where to file:
Prosecutors Office
200
Where to file:
EMB Regional
Director or PAB
4.
201
Where to file:
EMB Regional
Director or PAB
Exception:
disconnection of water
supply, until compliance
(order may be issued ex parte
pending case)
202
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO
pending case)
(Section 28)
203
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO
Elements:
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
204
205
(Section 28)
Where to file:
Prosecutors Office
Penalties:
Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or
Imprisonment: 6 years to 10
To prove Element #1:
1.
Violator
committed
at
least
5
EMB
or
PAB
Orders
showing
years, or both
B. Failure to Comply with Report Requirements
violations of the Clean Water
at least 5 violations
Act
If offender is a juridical
2. Commission is within a period
To prove Element #2:
person, the president,
of two years
EMB or PAB Orders showing
manager, and pollution
date of commission of 5
control officer or official in
violations within a period of 2
charge of the operation shall
years
suffer penalty herein provided
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Note: In cases of gross
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
issue a resolution
recommending that the
proper government agencies
file criminal charges against
the violators.
(Section 28)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
206
Where to file:
Prosecutors Office
207
Where to file:
Prosecutors Office
for the criminal
charges
Philippine Coast
Guard and MARINA
for the administrative
charges
Results of laboratory
examination identifying
substances contained in the
discharged mine tailings
Certification by the EMB that
such substance/s is/are either
oil, noxious gaseous and liquid
substances and other harmful
substances
B. Failure to Comply with Report Requirements
-
Documentation Certificate
(QDC) and License
(MARINA Regulations)
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office
208
209
Penalties:
Where to file:
Prosecutors Office
indirectly, introduces
machine of mine tailings to
substances or energy to
aquatic environment or Report
(Section 102)
aquatic environment
on the above act
2. Introduction results to, or is
Photo or video showing the act
likely to result to, deleterious
Apprehension report with
effects as to harm living and
inventory and seizure receipt,
non-living aquatic resources,
if applicable
pose potential and/or real
hazard
to human
health,
To prove Element #2:
B. Failure
to Comply
with
Report Requirements
hindrance to the aquatic
Sample of mine tailings
activities such as fishing and
introduced to aquatic
navigation
environment
Photo or video of sampling
activity
Results/certification of
laboratory examination of the
mine tailings Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Certification that the
introduced mine tailings
1. Capture of breeders, spawners, eggs or fry
resulted to, or is likely to result
to, deleterious effects as to
harm living and non-living
aquatic resources, pose
potential and/or real hazard to
human health, hindrance to the
aquatic activities
suchand
as Fish Cages
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
fishing and navigation
Possible violation: Aquatic
pollution - waste
dumping/disposal (Secs. 102 &
4(4), RA 8550)
Penalties:
Where to file:
Prosecutors Office
Elements:
210
1.
A person/entity dumps or
dumping or disposal of mine
per day until such violation
disposes waste and other
tailings to aquatic environment
ceases and the fines paid.
3. Failure
Comply with Standards
marinetolitters
or Report on the above act
2. The dumping/disposal is from
Photo or video showing the act (Section 102)
any water, land or air transport
Apprehension report with
or other human-made structure
inventory and seizure receipt,
3. The dumping is made to the
if applicable
aquaticinenvironment
4. Fishing
overexploited or fishery management areas
4. The dumping or disposition
To prove Element #4:
resulted or is likely to result in
Sample of mine tailings
such deleterious effects as to
Photo or video of sampling
harm living and non-living
activity
aquatic resources, pose
Results/certification by EMB or
potential and/or real hazard to
BFAR of laboratory
human health,
examination of mine tailings
5.
hindrance
to thelicense
aquaticor necessary
Certification
by complying
the EMB or with documentary requirements
5. Fishing
without
permits
or not
activities such as fishing and
BFAR that the dumping or
navigation
disposal of mine tailings
resulted or is likely to result in
such deleterious effects as to
harm living and non-living
aquatic resources, pose
6. Intrusion of licensed and unlicensed commercial
fishers
municipal
waters
potential and/or
real in
hazard
to
human health, or hindrance to
the aquatic activities such as
fishing and navigation
7. Marketing and buying illegally-caught fish & fishery species
Possible violation: Aquatic
pollution - Discharge of
petroleum, carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances (Secs. 102 &
4(4), RA 8550)
211
Penalties:
Where to file:
Prosecutors Office
Elements:
212
213
Penalties:
Suspension or cancellation of
the ECC
Fine: not to exceed P50,000
for every violation
Where to file:
EMB Regional Office
Where to file:
EMB Regional Office
Affidavit of witness or
Investigation report as to
violation of the standards,
rules and regulations issued by
the EMB
Photo or video showing the
act, if applicable
214
Penalties:
Where to file:
Imprisonment: 6 months
to 2 years and
Prosecutors
Office for the
criminal case
Fine: P2,000.00 to
20,000.00, or
Both at the discretion of
the court, and
Forfeiture of the subject
corals, including the
vessel and its proper
disposition.
The confiscated corals
should either be returned
to the sea of donated to
schools or museums for
educational or scientific
purposes or disposed
To proveareas
Elements #3:
4. Fishing in overexploited or fishery management
Certification from BFAR or other
competent authority that such
corals were not intended for
research or scientific purposes
Possible violation: Gathering and
Recommended evidence for
Penalties:
marketing of shell fishes (Sec. 103 (c),
Gathering and marketing of shell
RA
8550) without license or necessary permits
fishes
relation
to Collection
of
Fine:
P2,000.00 to
5. Fishing
orin
not
complying
with documentary
requirements
endangered and protected benthic P10,000.00 or
Elements:
marine life (such as Triton shells
and giant clams) and corals:
1. A person/entity takes, sells, transfers,
Imprisonment:1month
or has in possession for any purpose
and 1day to 6 months, or
2. Any shell fish which is
To prove Elements #1-2:
Affidavit indicating the act of
a. sexually mature, or
Both, upon the discretion
6. Intrusion
licensed
and unlicensed
fishersgathering
in municipal
collecting,
and waters of the court
b. of
below
the minimum
size, or commercial
marketing of shell fishes
c. above the maximum
Apprehension report with
quantities prescribed for the
Administrative fine: not
inventory
and seizure receipt
species.
more than P10,000.00 or
7. Marketingparticular
and buying
illegally-caught fish & fishery
species
Certificate of shell fishes
samples taken and turn-over
Cancellation of his permit
receipt for examination
or license, or
Certification duly issued by
BFAR or other competent
Both in the discretion of
authority that the samples are
the Secretary
(a) sexually mature, (b) below
minimum size or (c) above the
Impoundment by the
maximum quantities for the
Department with the
215
Where to file:
Prosecutors
Office for the
criminal case
BFAR for the
administrative
case
particular species
assistance of the
Philippine Coast Guard,
PNP-Maritime Command
- added to every penalty:
Forfeiture of the
proceeds of such offense
and the instruments or
tools with which it was
committed
(Section 103)
Possible violation: Poaching in
Philippine waters (Sec. 87, RA 8550)
216
Penalties:
Where to file:
Fine: US$100,000.00
Prosecutors
Office
Confiscation of catch,
fishing equipment and
fishing vessel
(Section 87)
BFAR for
administrative
charges
track or route
of Philippine
c. Navigating through Philippine
nationality
3. Failure to territorial
Comply with
Standards
waters
without prior
Copy of the vessel registration
notice to, clearance of, or
papers
permission from the
GPS reading of the location of
appropriate Philippine
the vessel and fishing activity
authority
Receipt of confiscated fish and
d. inNavigating
in a manner
thatmanagement
fishery
products and disposal
4. Fishing
overexploited
or fishery
areas
does not qualify as innocent
thereof, if any
passage nor navigating
Apprehension report with
outside traditional routes or in
inventory and seizure receipt
identified fishing grounds
Picture of the fishing vessel
e. Navigating without flying its
and/or receipt of impounded
national flag
fishing vessel
3. Or when foreign fishing vessel is found
within Philippine
waters and
is found permits
Note:orExclusive
Economic
Zone
5. Fishing
without license
or necessary
not complying
with
documentary requirements
f.
Lying-to or anchoring without
(EEZ) refers to the area from the
any valid reasons or
seaward edge of the state's territorial
circumstances that may
sea out to 200 nautical miles from its
indicate the existence of force coast. The term may include the
majeure, distress, or for
territorial sea and even the
purpose of rendering
continental shelf beyond the 2006. Intrusion of
licensedtoand
unlicensed
municipal
waters
assistance
persons,
ships commercial
mile limit.fishers
A state in
has
special rights
or any sea craft that is
over the exploration and use of
endangered or in distress
marine resources, including energy
g. Lying-to or anchoring at, or
production
water and wind in
7. Marketing and buying illegally-caught fish
& fisheryfrom
species
anchoring near to or within
the EEZ. (United Nations Convention
known fishing grounds or
on the Law of the Sea, 2011)
marine protected areas
4. Or when such foreign fishing vessel is
in possession of freshly caught fish on
deck or in storage, or corals, or
mollusks.
217
Elements:
1. A person/entity takes fish or fishery
species
2. Such fish or fishery species is rare,
threatened
or endangered
B. Failure
to Comply
with Report RequirementsTo prove Elements #1-3:
Affidavit of the apprehending
3. Such rare, threatened or endangered
officer(s) indicating
species is listed in the CITES and is
o
The identity and
determined by the Department as such
personal
circumstances of
the apprehended
person
o orThe
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish
Fishery Products
circumstances of
the act such as
1. Capture of breeders, spawners, eggs or fry
fishing and/or
taking
Positive identification and
certification by BFAR or duly
deputized officer of the species
as either rare, threatened or
endangered
and listed
under
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and
Fish Cages
CITES
Apprehension Report with
inventory and seizure receipt
Receipt of confiscated fish and
disposal thereof, if any
218
Penalties:
Where to file:
Imprisonment: 12 to 20
years and/or
Prosecutors
Office for
criminal charges
BFAR for
administrative
charges
Penalties:
Where to file:
Prosecutors
Office
Elements:
1. The wildlife species is killed and
destroyed by the violator
To proveareas
element #1:
4. Fishing in overexploited or fishery management
Note: There is no violation if the destruction
Affidavit showing the killing and
Endangered species
falls under any of the following:
destruction of the endangered
Imprisonment: 4 years
a. when it is done as part of the
and protected benthic marine
and 1 day to 6 years
religious rituals of established
life and corals
and/or
tribal groups or indigenous
Certification or issuance as to
Fine: P50,000 to
cultural communities;
the category of benthic marine
P500,000
b. when the wildlife is afflicted
life and corals
with anlicense
incurable
Photo
video of killed
5. Fishing without
or necessary permits
or notor
complying
withand
documentary requirements
Vulnerable species
communicable disease;
destroyed endangered and
Imprisonment: 2 years
c. when it is deemed necessary
protected benthic marine life
and 1 day to 4 years
to put an end to the misery
and corals
and/or
suffered by the wildlife;
Specimen of wildlife species
d. when it is done to prevent an
that was killed and destroyed (if Fine: P30,000 to
P300,000
imminent danger to the life or
available)
6. Intrusion of
licensed
and being;
unlicensed
fishers in report
municipal
limb
of a human
and commercial
Apprehension
with waters
Threatened species
e. when the wildlife is killed or
inventory and seizure receipt
Imprisonment: 1 year and
destroyed after it has been
1 day to 2 years and/or
used in authorized research
7. Marketing and buying illegally-caught fish & fishery species
Fine:P20,000 to
or experiments.
P200,000
Other wildlife species
Imprisonment: 6 months
and 1 day to 1 year
and/or
Fine: P10,000 to
P100,000
219
Fines prescribed to be
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products increased by at least
10% every three years
(Section 28)
220
Penalties:
Where to file:
Prosecutors
Office
Endangered species
Imprisonment: 1 year and
1 day to 2 years and
Fine: P20,000 to 200,000
Vulnerable species
Imprisonment: 6 months
221
increased by at least
10% every three years
(Section 28)
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
Possible
Fishing
or taking
of
Recommended evidence
Penalties:
Where to file:
B. Failure
to violation:
Comply with
Report
Requirements
rare, threatened or endangered species
for Fishing or taking of
(Sec. 97, RA 8550)
rare, threatened or
Imprisonment: 12 to 20 years Prosecutors
endangered species in
and/or
Office for criminal
Elements:
relation to Capturing
charges
and/or injuring
1. A person/entity takes fish or fishery
Fine: P120,000.00 and
endangered and
species
BFAR for
protected marine species, Forfeiture of the catch, and
2. Such fish or fishery species is rare,
administrative
includingFish
sea or
turtles,
or endangered
charges
C. Illegalthreatened
Fishing Activities
and Dealing in Illegally-Caught
Fishery Products
dugongs, whale sharks,
3. Such rare, threatened or endangered
Cancellation of fishing permit
manta rays, dolphins and
species
is listed in
the CITESeggs
and is
1. Capture
of breeders,
spawners,
or fry
whales:
determined by the Department as such
(Section 97)
To prove Elements #1-3:
Affidavit of the
apprehending officer(s)
indicating
o The
identity
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and
Fish Cages
and personal
circumstances
of the
apprehended
person
o The
circumstances
of the act such
as fishing
222
and/or taking
Positive identification
3. Failure to Comply with Standards
and certification by
BFAR or duly
deputized officer of the
marine species as
either rare, threatened
endangered and
4. Fishing in overexploited or fishery managementor
areas
listed under CITES
Apprehension Report
with inventory and
seizure receipt
Receipt of confiscated
marine species and
disposal thereof, if any
5. Fishing without license or necessary permits or not complying with documentary requirements
-
223
Where to file:
Prosecutors
Office
BFAR for the
administrative
charges
or alive
224
Recommended evidence
Penalties:
for Ban on dolphins,
whales and porpoises in
Imprisonment: 6 months to 4
relation to Capturing
years and/or
Elements:
and/or injuring
endangered and
1. A person/entity is
Fine: P500 to P5,000
protected marine species,
a. Taking,
including
Catching, or fishery management
Administrative fine: not more
4. Fishing in b.
overexploited
areassea turtles,
dugongs, whale sharks,
c. Selling,
than P5,000
manta rays, dolphins and
d. Purchasing,
whales:
e. Possessing,
Cancellation of fishing
f.
Transporting, or
permit/license
g. Exporting,
To prove Elements #1-3:
fisheries species
Confiscation of the catch
Affidavit of the
2. The fisheries species involved is dolphin,
apprehending officer(s)
whale, without
or porpoises
(FAO 185 requirements
s. 1992)
taking,with documentary
5. Fishing
license or necessary permits or indicating
not complying
3. Such dolphin, whale, or porpoise is either
catching, selling,
dead or alive, or in any form whether raw
purchasing,
or processed
possessing,
transporting, or
exporting dolphins,
whales and porpoises
6. Intrusion of licensed and unlicensed commercial
fishersidentification
in municipal waters
Positive
and certification by
BFAR or duly
deputized
officer of the
7. Marketing and buying illegally-caught fish & fishery
species
species as either
dolphins, whales or
porpoises
Apprehension Report
with inventory and
seizure receipt
Receipt of confiscated
dolphins, whales or
porpoises, and
225
Where to file:
Prosecutors
Office
BFAR for
administrative
charges
disposal or release
thereof, if any
Possible violation: Poaching in Philippine
waters (Sec. 87, RA 8550)
Elements:
1. Any foreign person, corporation or entity
fishes
or operates
fishing
vessel
B. Failure
to Comply
withthe
Report
Requirements
2. Such fishing activity or operation of
fishing vessel is conducted within
Philippine waters
Prima facie act of poaching (FAO 200, S.
2000)
Recommended evidence
for Poaching in Philippine
waters in relation to
Capturing and/or injuring
endangered and
protected marine species,
including sea turtles,
dugongs, whale sharks,
manta rays, dolphins and
whales:
Penalties:
Where to file:
Fine: US$100,000.00
Prosecutors
Office
226
BFAR for
administrative
charges
national flag
prima facie
3. Or when foreign fishing vessel is found
evidence of
3. Failure
Complywaters
with Standards
within to
Philippine
and is found
poaching
a. Lying-to or anchoring without
o
That the
any valid reasons or
vessel is not
circumstances that may indicate
of Philippine
the existence of force majeure,
nationality
or for purpose
of management
Copy
4. Fishing in distress,
overexploited
or fishery
areasof the vessel
rendering assistance to
registration papers
persons, ships or any sea craft
GPS reading of the
that is endangered or in distress
location of the vessel
b. Lying-to or anchoring at, or
and fishing activity
anchoring near to or within
Receipt of confiscated
known fishing grounds or
fish and fishery
marine protected areas
products and disposal
4.
Or when
such foreign
fishing
vessel is permits
in
if any with documentary requirements
5. Fishing
without
license
or necessary
or thereof,
not complying
possession of freshly caught fish on deck
Apprehension report
or in storage, or corals, or mollusks.
with inventory and
seizure receipt
Picture of the fishing
vessel and/or receipt of
impounded fishing
6. Intrusion of licensed and unlicensed commercialvessel
fishers in municipal waters
Note: Exclusive Economic
(EEZ)
refers to the
7. Marketing and buying illegally-caught fish &Zone
fishery
species
area from the seaward
edge of the state's territorial
sea out to 200 nautical
miles from its coast. The
term may include the
territorial sea and even the
continental shelf beyond the
200-mile limit. A state has
special rights over the
227
Recommended evidence
Penalties:
for Importation or
exportation of fish or
Imprisonment: 8 years
fishery species in relation
Elements:
to Capturing and/or
Fine: P80,000.00 and
injuring endangered and
1. A person/entity engages in
protected marine species, Destruction of live fishery
a. Importation
includingFish
sea or
turtles,
b. Exportation
species or
C. Illegal Fishing
Activities and Dealing in Illegally-Caught
Fishery Products
dugongs, whale sharks,
2. Of fish or fishery species
manta rays, dolphins and
3. Such
or exportation
violates
Forfeiture of non-live fishery
1. Capture
of importation
breeders, spawners,
eggs
or fry
whales:
RA 8550
species in favor of the
department for its proper
disposition
To prove Elements #1-2:
Affidavit of the
apprehending officer(s) Ban from being members or
stock holders of companies
indicating
o
The
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cagescurrently engaged in
fisheries or companies to be
circumstance
created in the future, the
s of the act
guidelines for which shall be
such as
promulgated by the DA.
possession
and/or control
(Section 100)
for purposes
of exportation
or importation Note: Based on RA 9147,
among aquatic resources,
o
Taking of
228
Where to file:
Prosecutors
Office
BFAR for
administrative
cases
specimen
the DENR has jurisdiction
and issuance
over turtles and dugongs.
3. Failure to Comply with Standards
of receipt
The DENR Wildlife Law
therefor
Enforcement Manual of
Operations provides that
Certification from
confiscated wildlife species,
PAWB, BFAR, PCSD,
including turtles and
whichever is
dugongs, should be turned
that the
4. Fishing in overexploited or fishery managementappropriate,
areas
over to them.
species involved is
protected and
endangered marine
species
Certificate by PAWB,
BFAR, PCSD,
whichever is
of non5. Fishing without license or necessary permits or appropriate,
not complying
with documentary requirements
issuance of export or
import permit in favor
of the accused
Apprehension Report
with inventory and
seizure receipt
6. Intrusion of licensed and unlicensed commercial
fishersofinconfiscated
municipal waters
Receipt
endangered and
protected marine
species
and disposal
7. Marketing and buying illegally-caught fish & fishery
species
thereof, if any
Possible violation: Killing and destroying
wildlife species (Sec. 27 (a), RA 9147)
Elements:
1. The wildlife species is killed and
destroyed by the violator
Recommended evidence
for Destroying wildlife
species in relation to
Capturing and/or injuring
endangered and
protected marine species,
including sea turtles,
229
Penalties:
Where to file:
Prosecutors
Office
230
(Section 28)
3. Failure to Comply with Standards
Possible violation: Inflicting injury which
Recommended evidence
Penalties:
cripples and/or impairs the reproductive
for Inflicting injury which
system of wildlife species (Sec. 27 (b) , RA
cripples and/or impairs
Species listed as critical
9147)
the reproductive system
Imprisonment: 4 years and 1
of wildlife
day to 6 years and/or
4. Fishing in overexploited or fishery management
areasspecies in
Elements:
relation to Capturing
Fine: P50,000 to P500,000
and/or injuring
1. The wildlife species sustained injury
endangered and
Endangered species
inflicted by the violator
protected marine species, Imprisonment: 2 years and 1
2. The injury crippled and/or impaired the
including sea turtles,
day to 4 years and/or
reproductive system of the wildlife
dugongs, whale sharks,
Fine: P30,000 to 200,000
species
manta rays, dolphins and
whales:
Vulnerablerequirements
species
5. Fishing without license or necessary permits
or not complying with documentary
Imprisonment: 1 year and 1
day to 2 years and/or
To prove element #1 & 2:
Certification by BFAR,
Fine: P20,000 to 200,000
PAWB or PCSD or
Threatened species
Affidavit of
Imprisonment: 6 months and
veterinarian/expert
6. Intrusion of licensed and unlicensed commercialwitness
fishersstating
in municipal
1 day to 1 year and/or
that the waters
Fine: P10,000 to 50,000
endangered and
protected marine
Other wildlife species
species
sustained an
7. Marketing and buying illegally-caught fish & fishery
species
Imprisonment: 1 month to 6
injury that impaired its
months and/or
reproductive system
Certification or
Fine: P5,000 to 20,000
issuance by BFAR,
Forfeiture of all wildlife, its
PAWB or PCSD as to
derivatives or by-products,
category of
and all paraphernalia, tools
endangered and
and conveyances used in
protected marine
species
connection with violations of
231
Where to file:
Prosecutors
Office
Photo or video of
the act.
injured endangered
and protected marine
Deportation, without any
species
further proceedings, after
Affidavit of witness to
service of sentence and
show that the
payment of fines if offender
endangered and
is an alien.
protected marine
species sustained an
Fines prescribed to be
B. Failure to Comply with Report Requirements
injury as a result of an
increased by at least 10%
act by the offender
every three years
Specimen of
endangered and
(Section 28)
protected marine
species (if available)
Apprehension report
with inventory
and
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery
Products
seizure receipt
-
Recommended evidence
Penalties:
for Possession of wildlife,
their by-products or
Species listed as critical
derivatives in relation to
Imprisonment: 2 years and 1
Elements:
Capturing and/or injuring
day to 4 years and
1. There is collection, hunting or possession endangered and
Fine: P30,000 to 300,000
protected
marine
of wildlife,and
their
by-products
or derivatives
2. Construction
Operation
of Fish
Corrals/Traps,
Fish Pens
andspecies,
Fish Cages
Endangered species
2. There is no permit for the possession of including sea turtles,
dugongs, whale sharks,
Imprisonment: 1 year and 1
wildlife, their by-products or derivatives
manta rays, dolphins and
day to 2 years and
whales:
Fine: P20,000 to 200,000
To prove element #1:
Photo or video of
endangered and
protected marine
232
Vulnerable species
Imprisonment: 6 months and
1 day to 1 year and
Fine: P10,000 to 100,000
Where to file:
Prosecutors
Office
species
Affidavit of witness as
Other threatened species
3. Failure to Comply with Standards
to the collection,
Imprisonment: 1 month and 1
hunting or possession
day to 6 months and
of endangered and
Fine: P5,000 to 50,000
protected marine
Other wildlife species
species
Imprisonment: 10 days to 1
Apprehension
report
4. Fishing in overexploited or fishery management
areas
month and
with inventory and
Fine: P1,000 to 5,000
seizure receipt
Certification by PAWB,
Note: if act is committed
BFAR or PCSD
through inappropriate
whichever is
techniques and devices,
appropriate as to the
maximum penalty will apply
category of the
andwith documentary requirements
5. Fishing without license or necessary permits or endangered
not complying
Forfeiture of all wildlife, its
protected marine
derivatives or by-products,
species
and all paraphernalia, tools
Specimen of the
and conveyances used in
endangered and
connection with violations of
protected marine
the act.
species (if available)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Deportation, without any
To prove element #2:
further proceedings, after
Certification by PAWB,
BFAR or PCSD that no service of sentence and
7. Marketing and buying illegally-caught fish & fishery species
payment of fines if offender
permit was issued for
is an alien.
the collection, hunting
or possession of
Fines prescribed to be
endangered marine
increased by at least 10%
species
every three years
-
(Section 28)
233
The Wildlife Traffic Monitoring Unit Personnel, the BFAR law enforcement and regulatory
personnel, DENR Community Environment and Natural Resource Officers (CENRO),
Provincial Environment and Natural Resource Officers (PENRO), Deputized Environment
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
and Natural Resource Officers (DENRO), and deputized bantay dagat of the LGUs are some
of the public officers charged with the enforcement of environmental laws.
c. Can police officers and other law enforcement agents file a complaint for violation of environmental laws?
Yes, because they are included in the term any peace officer. 22
234
d. Can police officers directly file the complaints without involving other government agencies such as the DENR or BFAR?
3. Failure
tofile
Comply
withdirectly
Standards
Yes,
they can
the case
if technical consideration is not necessary to determine probable cause. However, in cases where
technical certifications are necessary, then the corresponding agency must be involved for the case to prosper.
Illegal logging cases and transport, possession and trading of wildlife species without the appropriate permit from the DENR are
of cases
where technical
certifications
by other
government agencies, aside from the law enforcement agencies, are needed.
4.examples
Fishing in
overexploited
or fishery
management
areas
On the other hand, possession of dynamite does not need the certification by the environmental agency but by the PNP or NBI crime
laboratory.
e. Can a complaint be filed directly with the court?
No.
complaint
for violation
law can
longer
be filedwith
directly
with the court.
It can only be filed with the concerned
5. A
Fishing
without
licenseoforenvironmental
necessary permits
orno
not
complying
documentary
requirements
Office of the Prosecutor. Only an information charging a person with a violation of an environmental law and subscribed by the
prosecutor can be filed with the court. 23
f. What accompanies the complaint when filed with the Office of the Prosecutor?
The following may accompany the complaint:
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
i. Letter Order/ Operation Order/ Travel Order, if any;
ii. Sworn statements in question and answer form of the arresting officers and witnesses;
7. Marketing and buying illegally-caught fish & fishery species
iii. Pictures a) logically showing the scene of the crime; b) the object of the offense, such as the illegal logs, wildlife, the
hazardous wastes or toxic substances; c) conveyance; d) tools and other paraphernalia used in the commission of the crime.
iv. If pictures are submitted, these shall be accompanied by sworn statements in question and answer form of a) the person
who took the photographs; b) by persons who were present when said pictures were taken; or c) by any competent persons
who can testify on the accuracy of the pictures. 24
v. Nautical map, if available;
235
236
2. ARREST
Comply with
Standards
a. 3.IsFailure
there atodifference
between
the procedure for arresting violators of environmental law and the procedure for arresting
offenders for ordinary crimes?
No. The procedure for arresting violators of environmental crimes is the same as the procedure for arresting violators for ordinary
crimes.
4. Fishing in overexploited or fishery management areas
b. How are duly deputized environmental law enforcers protected when effecting arrest?
Individuals deputized by the proper government agency enjoy the presumption of regularity in the performance of official duty, when
effecting arrests for violations of environmental laws. 27 Examples of proper government agency are the DENR, BFAR and the municipal
LGUs. After undergoing law enforcement trainings, they deputize individuals to be law enforcement officers. DENR deputizes
individuals to be Deputized Environment and Natural Resources Officers (DENRO) or Wildlife Enforcement Officers (WEO). BFAR
deputizes individuals to become fish wardens. Finally, municipal LGUs deputize individuals to be bantay gubat or bantay dagat in the
5. Fishing
without
licensearea
or necessary
permits or not complying with documentary requirements
areas
covered
by the LGUs
of jurisdiction.
3. CUSTODY AND DISPOSITION OF SEIZED ITEMS
a. What rules govern the custody and disposition of seized items, equipment, paraphernalia, conveyances and instruments
during
the pendency
of the
case
in court?commercial fishers in municipal waters
6. Intrusion
of licensed
and
unlicensed
If there are rules promulgated by the concerned government agency in the custody and disposition of seized items, these rules shall
govern. 28 An example of this is DENR Administrative Order No. 97-32 otherwise known as the Rules for the Administrative Adjudication
Marketing
buying
fish & fishery
species
of 7.
Illegal
Forest and
Products
andillegally-caught
the Machinery, Equipment,
Tools
and Conveyances Used in Connection Therewith.
b. If no rule is promulgated by the concerned government agency, how should the custody and disposition be done?
The following procedure shall be observed:
237
i. The apprehending officer having initial custody of the seized items shall conduct the inventory and whenever practicable,
photograph the same in the presence of the person from whom such items were seized.
ii. If the seizure is by virtue of a search warrant, the apprehending officer shall submit the return to the issuing court within five (5)
days from date of seizure. Return of the search warrant is the report by the law enforcement officer to the court on what s/he has
done on the said warrant which s/he was required to serve or execute. Was s/he able to serve or execute the same? If so, when
and how was s/he able to do it? If the law enforcement officer is not able to serve or execute the warrant, the return must include
an explanation or reason for the failure of the service or execution.
238
ii. The judge shall require the accused to sign a written undertaking, which contains the following:
3. Failure
Comply
withwill
Standards
toThat
accused
appear during arraignment and whenever required by the court;
That if accused fails to appear without justification, to waive the reading of the information, to authorize the court to enter
a plea of not guilty in his behalf and for the court to proceed with the trial in absentia. 32
5. 4.ARRAIGNMENT
AND PLEA
Fishing in overexploited
or fishery management areas
What is the role of the concerned government agency in plea bargaining?
Unlike in ordinary cases, the presence and consent of concerned government agency is required in plea bargaining for environmental
cases. 33
5. Fishing without license or necessary permits or not complying with documentary requirements
6. PRE-TRIAL
a. What are the next steps after the accused is arraigned?
The next steps after arraignment are: pre-trial, trial and judgment.
Intrusion
of licensed and unlicensed commercial fishers in municipal waters
b.6.
What
is pre-trial?
Pre-trial conference is a procedural device used prior to trial to narrow issues to be tried, to secure stipulation as to matters and
evidence
to be heard,
and toillegally-caught
take all other steps
aid in the disposition of the case.34
7. Marketing
and buying
fishnecessary
& fisheryto
species
c. When should the pre-trial be scheduled?
Pre-trial is scheduled within thirty (30) days after arraignment. 35
d. What happens during pre-trial?
The following happens during the pre-trial:
239
i. Identification of issues
ii. Marking of evidence to be presented as exhibits
iii. Comparison of copies attached to the records with the original documents
iv. Stipulation of facts and admissions
v. Settlement of the civil aspect of the case
vi. Other matters that may aid in the prompt disposition of the case
e. What is the role of the law enforcer during pre-trial?
2. c.
Construction
and Operation
Fish Corrals/Traps,
Pens
Fish Cages
How is the testimony
of theofwitnesses
presented Fish
during
theand
trial?
Unlike in ordinary criminal cases, the testimonies of the witnesses are presented in the form of judicial affidavits. Thereafter, the
opposing party is allowed to cross-examine the witness based on the contents of the affidavit. 37
d. How long should the direct and cross-examination of a witness be conducted?
Except for justifiable reasons, the direct and cross-examination of each witness must be conducted in one (1) day. 38
240
3. Failure
to Comply
with Standards
This
rule expedites
the process,
saves time and additional costs to witnesses. It likewise minimizes stress on the part of the witnesses.
f. When should the court decide on the case?
The court shall decide the case within a period of ten (10) months from the date of arraignment. 39
241
1. a.
Capture
of breeders,
spawners,
eggs
or fryis proved beyond reasonable doubt.
To be presumed
innocent
until the
contrary
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the
judgment.
2. d.
Construction
Operation
Fish
Corrals/Traps,
Fish
Pens and Fish Cages
To testify as and
a witness
in his of
own
behalf
but subject to
cross-examination
on matters covered by direct examination. His silence shall
not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial.
g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
242
to 4.
any
personinbyoverexploited
reason of poverty.
4. Right of person under investigation. 46 Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel. 47
a. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
5. Fishing
without
license
or necessary
permits
or notsimilar
complying
with
documentary
requirements
Secret
detention
places,
solitary,
incommunicado,
or other
forms of
detention
are prohibited.
b. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against
him.
5. Right to bail. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
law. 48
6. Right to trial. No person shall be held to answer for a criminal offense without due process of law. 49
7. Marketing and buying illegally-caught fish & fishery species
7. Right against self incrimination. No person shall be compelled to be a witness against himself. 50
8. Right against excessive fines. Excessive fines shall not be imposed. 51
9. Right against double jeopardy. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act. 52
243
10. Right to speedy disposition of cases. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. 53
1. c.
Capture
of breeders,
eggs orarrest
fry is allowed
Circumstances
underspawners,
which warrantless
i. When in the presence of the law enforcers, the persons to be arrested have committed, are committing or will commit a
crime.
ii. When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
2. Construction
and Operation
Fish Corrals/Traps,
Pens and Fish
circumstances
that theofpersons
to be arrestedFish
has committed
it. Cages
d. Steps in warrantless arrest
i. Approach the persons and ask them to stop. If needed, freeze or restrain the suspects. Employ necessary force if needed.
ii. Introduce yourself and show proper authorization.
iii. Ask for the appropriate license or permit.
244
3. Failure
to Comply
with Standards
v. Arrest
the person
if probable cause exists.
vi. Make a manifestation of authority to the persons just arrested and tell them the reason of their arrest.
vii. Conduct thorough search on the body of the persons arrested and the immediate vicinity in which the person may gain
possession
of a weapon,
in somemanagement
way effect anareas
escape, or destroy or hide evidence.
4. Fishing
in overexploited
or fishery
viii. Seize the weapons or the evidence that may be found as a result of the above search.
ix. Tag or label the items that are seized and enter their names and descriptions in the seizure receipt.
x. Comply with the rule on Miranda rights, as follows:
5. Fishing without
license or necessary
permits
not
complying
with
documentary
requirements
- Apprehending
officer must
informorthe
person
arrested,
using
the language
known to and understood by him, of the
reason for the arrest.
- Apprehending officer must likewise use the same language for other warning, information or communication made
to the person arrested;
6. Intrusion of licensed
and unlicensed
commercial
municipal
- Apprehending
officer must
inform thefishers
person in
arrested
that: waters
* he has a right to remain silent and that any statement he makes may be used as evidence against him;
7. Marketing and buying* illegally-caught
& fishery
he has the rightfish
to be
assistedspecies
at all times and have the presence of an independent and competent
lawyer, preferably of his own choice;
*if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer
may also be engaged by any person in his behalf, or may be appointed by the court upon petition of the
person arrested or one acting in his behalf;
* no custodial investigation in any form shall be conducted except in the presence of his counsel or after a
valid waiver has been made;
* at any time, he has the right to communicate or confer by the most expedient means telephone, radio,
letter or messenger with his lawyer (either retained or appointed), any member of his immediate family,
245
or any medical doctor, priest or minister chosen by him or by any one from his immediate family or by his
counsel, or be visited by/confer with duly accredited national or international non-government organization.
* he has the right to waive any of said rights provided it is made voluntarily, knowingly and intelligently and
ensure that he understood the same;
* if he waives his right to a lawyer, this must be done in writing AND in the presence of counsel, otherwise,
the waiver is void even if he insist on his waiver and chooses to speak;
* he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
with warning that once he makes such indication, the police may not interrogate him if the same had not
yet commenced, or the interrogation must ceased if it has already begun;
B. Failure to Comply with Report Requirements
* his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from
invoking it at any time during the process, regardless of whether he may have answered some questions
or volunteered some statements;
* any statement or evidence obtained in violation of any of the foregoing, in whole or in part, shall be
inadmissible in evidence. 54
xi. Bring the person arrested to the nearest governemnt hospital or health center for physical and medical examination;
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
xii. Turn-over the accused to the nearest police station for temporary confinement;
246
iv. File the complaint with the provincial or city prosecutor of the place where the crime has been committed;
3. Failure
Comply
Standardsinvestigation.
v. to
Prepare
for with
the preliminary
vi. If the prosecutor finds that there is probable cause, s/he will file the information to the court.
vii. The complainant, through the prosecutor, can then move for the issuance of the warrant of arrest.
247
x. Turn-over the accused to the nearest police station or appropriate law enforcement agency (i.e. CIDG, PNP, NBI, etc.), for
investigatory detention.
xi. Prepare Return of Warrant within 10 days and submit to the Court which issued the same.
2. Search and Seizure
B.a.Failure
to Comply
with
Report
Requirements
Two instances
when
search
is legal:
i. lawful warrantless search
ii. search with warrant
b. Instances allowed under lawful warrantless search
i. Search as an incident to a lawful arrest. The requisites for this kind of arrest are:
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Arrest must be lawful;
1. Capture of breeders,
eggs or fry
It spawners,
must be contemporaneous
with the arrest in both time and place; and
It must be within the vicinity of the peson arrested, immediate control, which is the evidence of the offense or
weapon
ii. Seizure of evidence in plain view. The elements for this doctrine are:
A prior of
valid
intrusion
based onFish
the valid
arrest in which the police are legally present in the pursuit
2. Construction andOperation
Fish
Corrals/Traps,
Penswarrantless
and Fish Cages
of their official duties;
The evidence was inadvertently discovered by the police who had the right to be where they are;
248
Seizures of fishing vessels and boats breaching our fishery laws are allowed. These vessels are normally powered by highspeed motors that enable them to elude arresting ships of the Philippine Navy, the Coast Guard and other government
3. Failure
to Comply
with Standards
authorities
enforcing
our fishery laws. 57
By analogy, seizures of moving vehicles transporting logs which are breaching our forestry laws are allowed.
iv. Consented warrantless search. In case of consented searches without warrant or waiver of the constitutional guarantee
4. Fishing in overexploited or fishery management areas
against obstrusive searches, it is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) that
the person involved had knowledge, either actual or constructive, of the existence of such right; and (3) the said person had
an actual intention to relinquish the right. 58
v. Customs search. Tariff and Customs Code allows police authorities to enter, pass through or search any land, enclosure,
warehouse, store or building, not being a dwelling house; and also to inspect, search and examine any vessel or aircraft and
any trunk, package, box or envelope or any person on board[;]or stop and search and examine any vehicle, beast or person
suspected
holdingor
ornecessary
conveying any
dutiable
or prohibited
article
into requirements
the Philippines contrary to law. 59
5. Fishing
withoutoflicense
permits
or not
complying
with introduced
documentary
vi. Stop and frisk. A police officer may after properly introducing himself and making initial inquiries, approach and restrain a
person manifesting unusual and suspicious conduct, in order to check, the latters outer clothing for possibly concealed
weapons. 60
vii. Exigent and emergency circumstances 61 Those circumstances that would cause a reasonable person to believe that entry
(or other
relevant and
prompt
action) was
necessaryfishers
to prevent
physical harm
to the officers or other persons, the destruction of
6. Intrusion
of licensed
unlicensed
commercial
in municipal
waters
relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement
efforts. 62
7. Marketing
and buying illegally-caught fish & fishery species
viii. Checkpoints
ix. Republic Act No. 9497 or An Act Creating the Civil Aviation Authority of the Philippines, requiring inspections or
checks in airports.
body
249
Upon entry, inform the occupants-owners of the purpose of the search and show the copy of the search
warrant.
Search of the house, room or any other premises shall be made in the presence of the lawful occupants or any
member
his family or in the absence thereof, two witnesses of sufficient age and discretion residing in the
B. Failure to Comply with
Reportof
Requirements
same locality.
Prepare seizure receipt and give copy to the lawful occupant or any member of his family. If both were absent,
leave a seizure receipt in the presence of the two witnesses residing in the same locality. Receipt must be
place in the place where the law enforcers found the seized items.
If arrest of person is necessary, follow the procedure on arrest without arrest warrant.
Turn over custody over the apprehended person to the nearest police station.
C. Illegal Fishing Activities
and Dealing
in Illegally-Caught
Fish
Prepare
the necessary
documentation
to or
fileFishery
case, if Products
there is none yet, against the person apprehended.(see
protocol on arrest)
1. Capture of breeders,
eggs or over
fry the seized items to appropriate offices (wildlife: DENR/BFAR rescue center) ensuring
spawners,
Turn over custody
that the turn over is covered by proper turn-over receipt.
Return the search warrant to the judge who issued the same pursuant to the Rules (Sec. 12 Rule 126). 65
Coordinate with the judge regarding turnover and deposit of the evidence seized during the conduct of the
search.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
3. Custody and safekeeping of confiscated items
a. Who has the primary responsibility for the custody and safekeeping of the confiscated items?
Legally it is the apprehending officer who confiscated the items. This is so because these confiscated items are his/her evidence to the
case that he/she filed as a result of the apprehensions.
b. What options does the apprehending officer have if it is not feasible to bring the confiscated items to the place where s/he is holding
office?
250
i. The confiscated items may be placed under the custody of the nearest local public official such as the Barangay Captain,
Municipal/City Mayor, Provincial Governor or the Philippine National Police. Said custody must be duly acknowledged and
3. Failure
to Comply
with
Standards
receipted
by the
official
taking custody;
ii. The Office of the apprehending officer may enter into a memorandum of agreement with government offices that have
spacious facilities for the custody and safekeeping of the confiscated items. Each turn over of custody must be duly
acknowledged and receipted.
After a valid warrantless arrest, the apprehending officer must deliver the arrested person to the nearest police station or jail. 66
Thereafter, the former must prepare and file the affidavit complaint, together with the supporting documents to the prosecutor of the
place where the crime was committed for inquest.
b. Is there a legal fee for filing the criminal complaint for violation of any environmental law with the Office of the Prosecutor?
251
Inquest officers are the prosecutors assigned by the City or Provincial Prosecutor to inquest duties. If there is only one Prosecutor in
the area, said Prosecutor shall be the one to conduct all inquest cases in the said area for his appropriate action. 68
e. When and where shall inquest officers conduct their duties?
Unless otherwise directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge their function during the
hours of their designated assignments and only at the police station/headquarters of the Philippine National Police in order to execute
and facilitate the disposition of inquest cases. 69
252
h. Are there circumstances that can justify extension of the above periods for the filing of the information after the inquest proceedings?
3. Failure
Comply
with Standards
Yes.
These to
are
circumstances
that are beyond the control of the apprehending officers, such as distance from the place of
apprehension to the nearest police station where an inquest prosecutor may be stationed or to the latters office, lack of transportation
and inclement weather,
i. Is presence of the detained person required during inquest?
253
If the inquest officer finds that the arrest was properly effected, the detained person should be asked if he desires to avail of a
preliminary investigation. If so, the detained person must execute a waiver of the provisions of Article 125 RPC as amended, which
provides the allowed period for temporary confinement. The waiver must be done with the assistance of a lawyer, or a responsible
person of his choice.
The preliminary investigation may be conducted by the inquest officer himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor, which investigation shall be terminated within fifteen days (15) days from its
inception. 74
254
255
256
b. Admissibility of Evidence
3. Failure
to Comply with Standards
i. Competent
ii. Relevant to the issue at hand
c. Competent evidence refers to those that are not excluded by laws or the Rules of Court.
d. 4.
Examples
evidence
Fishing of
in incompetent
overexploited
or fishery management areas
i. Product of illegal search
ii. Admission by the accused made without the presence of counsel or as a result of torture.
iii. Failure to inform the accused of his/her Miranda Rights
iv. Hearsay evidence
e. Kinds of Evidence
5. Fishing without license or necessary permits or not complying with documentary requirements
i. Object Evidence those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be
exhibited to, examined or viewed by the court (fishing net, fish, fishing vessel, mangrove area)
ii. Documentary evidence. Documents as evidence consist of writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of their contents.
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
iii. Testimonial Evidence evidence submitted to the court through the testimony or deposition of a witness (testimony of
witnesses).
257
Chapter 6. Cases
To illustrate how illegal and destructive activities in the coastal and marine environment may be properly documented in preparation for
case filing as prohibited acts, applying the appropriate procedural rules, this section provides hypothetical cases for the reference of the
law enforcer.
A. Access to Foreshore Areas
B. Failure to Comply with Report Requirements
1. Obstruction to the use and enjoyment of foreshore areas
Mayamang Balikbayan bought a beach property. He began to build a concrete wall, closing the foreshore area immediately adjacent to
his property for the exclusive use of his guests and visitors. The fisherfolk organization members were prohibited from passing through
the foreshore land to go to their boats and were prevented from docking in front of the beach property. They went to the barangay
captain to report the activities. The barangay captain called a meeting, but Mayamang Balikbayan did not attend.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
The fisherfolk organization members submitted a complaint on the matter with the CENRO, who in turn, conducted an investigation and
a report
to the
RED with eggs
recommendation
to issue a cease and desist order (CDO) and to file a case in court for the issuance
1. submitted
Capture of
breeders,
spawners,
or fry
of a demolition order for violation of Section 51 of PD 1067 or overstaying or building structures in easement areas. The RED followed
the recommendation, issued a CDO, and filed a petition to demolish the structure with prayer that the Sheriff, with the assistance of
DENR, LGU, and the PNP, execute the demolition order. Attached to their petition were affidavits of witnesses regarding the
construction of the concrete wall, that they were prohibited from passing through the foreshore and from docking boats at the area;
certification from the CENRO that the construction was within 20 meters along the margin of the shore, and photographs or video of the
construction.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
The Court granted the petition.
Who would enforce the order? The Sheriff, with the assistance of the DENR, LGU and the PNP.
258
Note: In similar cases, the community may also file in the proper court a Petition for Environmental Protection Order with prayer for a
Temporary Environmental Protection Order (TEPO) using the Rules on Environmental Procedure. In this case, the Sheriff, with the
3. Failureoftothe
Comply
assistance
DENR,with
LGUStandards
and the PNP may execute the Order.
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
4. Fishing in overexploited or fishery management areas
In the above case, Mayamang Balikbayan also reclaimed a portion of the foreshore area and constructed a jetty for his guests with
speedboats.
Upon inquiring with the DENR, a fisherfolk organization found out that he does not have an ECC.
They filed a complaint with the Regional office of the EMB for violation of Section 4, PD 1586 or undertaking a project without an ECC.
They attached to the complaint a photograph or video showing that Mayamang Balikbayan reclaimed and constructed a jetty along the
5. Fishing
without report
license
necessary
permits
or not complying
with
documentary
requirements
foreshore,
CENROs
onor
the
reclamation
and construction
activities,
affidavit
of witnesses,
and certification from EMB on the lack
of ECC.
What shall EMB do?
1) Conduct investigation. If positive for violation, impose appropriate penalties such as fines.
2)6.
Determine
other
violations
committed,
such as pollution.
file PAB case.
Intrusionifof
licensed
andare
unlicensed
commercial
fishers Ifinso,
municipal
waters
B. Failure to Comply with Report Requirements
7. Marketing and buying illegally-caught fish & fishery species
An enforcer found out that an oil refinery is discharging its effluents directly into a nearby creek leading to Batangas Bay. To find out if
the company has a discharge permit and is complying with DENR standards, he went to the EMB Regional Office for this information.
He found out that the company indeed had a discharge permit but could not check its compliance with DENR standards because it is
not submitting regular reports.
Was there a violation?
259
Yes, there was a violation of Sec. 27(m) of RA 9275 on refusal or failure to submit reports whenever required by the Department in
accordance with the Clean Water Act.
What should he do?
1.
2.
Enforcer should file a complaint with the Regional Director of the EMB IV-A.
Regional Director must direct conduct of investigation. Upon positive determination of violation, RD should file PAB case. The
complaint to be filed with the PAB must be accompanied by the recommended evidence for the violation in Chapter 4 of this
Manual.
3. Upon order by the PAB on the commission of the offense, impose and collect proper fines.
B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of breeders, spawners, eggs or fry
During a preventive seaborne operation, BFAR fishery law enforcers chanced upon a vessel doing fishing activity. They informed the
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
captain that he will board the vessel to conduct routine inspection. While doing so, they saw a fish that turned out to be Sabalo,
weighing around 10 kilos. When asked what he will do with the Sabalo, the captain informed the enforcers that it will be for his familys
1. consumption.
Capture of breeders,
spawners,
eggs orinformed
fry
Unconvinced,
the enforcers
the captain that he was violating Section 98 of RA 8550. They did the following:
1. Apprehended the captain and informed him of his Miranda rights.
2. Conducted search, inventory and seizure of the Sabalo and items used in the commission of the offense.
3. Labeled the Sabalo for turnover to BFAR laboratory for proper identification.
4. Prepared seizure receipt for the seized items and provided a copy to the captain.
5. Took photographs of the Sabalo, other seized items, the captain and his ship.
6. Brought the ship to the nearest port and the captain to the nearest police station for safekeeping
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
7. Prepared the necessary documents such as
a. Affidavit of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
i. the identity and personal circumstances of the apprehended captain,
ii. circumstances of possession, and
iii. the positive identification by the enforcers that such fish is a Sabalo.
8. Turned over the confiscated Sabalo to the BFAR laboratory for proper identification and issuance of appropriate certification.
9.
Asked BFAR laboratory for a turnover receipt of the Sabalo.
10. Turned over the custody of the confiscated ship to the custodian officer of the BFAR storage facility and asked for a turnover
receipt.
260
11. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared and
secured for case filing
3. Failure
to complaint
Comply with
Standards
12. Filed
before
BFAR for the revocation of license of the fishing boat/vessel with the above documents attached
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
in overexploited
or the
fishery
areas
At4.a Fishing
regular inspection
activity of
Taskmanagement
Force ABBA in
Lingayen Gulf, they noticed a group of fish cages that seemed to be outside
the designated mariculture zones of Bolinao, Pangasinan. They took photographs of the fish cages, showing reference points indicating
the relative location of the fish cages. They immediately notified the Municipal Agriculture Office (MAO) regarding the presence of the
cages. A follow-up joint investigation by the MAO technicians and the Fishery Law Enforcer Team (FLET) revealed that the cages were
indeed outside the authorized mariculture zone. They secured certification from the MAO that the fish cages were outside the
mariculture zone and that these are operating without license from the LGU. Based on this, they filed a petition before the Office of the
Mayor to demolish the cages for violating Section 103 (e) of RA 8550 or Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cages. They attached the following to the petition: Affidavit of the Task Force ABBA members indicating the operation of the
5. cages,
Fishinginvestigation
without license
necessary
permits
or not
complying with documentary requirements
fish
report,orand
certification
from the
MAO.
The law enforcers also filed a criminal complaint for violation of Section 103 (e) of RA 8550 or Construction and Operation of Fish
Corrals/Traps, Fish Pens and Fish Cages against the fish cage operators with the Office of the Prosecutor with the same attachments
to their complaint.
261
262
5. Fishing without license or necessary permits or not complying with documentary requirements
to Comply
with Standards
On3.aFailure
cold morning
of October
11, 2011, at around 5:00 in the morning, members of Fishery Law Enforcement Team (FLET), acted
upon the information that several persons from Danao are catching fry in the territorial jurisdiction of Carmen. Equipped with the
necessary Mission Order issued by the Mayor, the FLET proceeded to Brgy. Poblacion and there they saw three persons in the act of
gathering prawn fry and bangus fingerlings. After making necessary introductions, the FLET members asked the fishermen for a
license or permit to gather fry and fingerlings. Failing to show any, the FLET informed them of violating Section 86, par 1 of R.A. 8550.
The
law enforcers
did the following:
4. Fishing
in overexploited
or fishery management areas
1.
2.
263
enforcers. They took photographs of the operation. After boarding, they asked for the vessel registration while determining using a GPS
the exact location of the vessel. They found out that the gross tonnage of the vessel is more than 3 gross tons and it is within 12
kilometers from the shoreline. They then proceeded to apprehend the top three highest officers of the boat after informing them that
they violated Section 86, in relation to Section 18, RA 8550. The law enforcers did the following:
1.
2.
264
4. Prepared seizure receipt for the seized items and provided a copy to the violator.
5. Took photographs of the seized items, the violator and the fish examination conducted.
3. Failure
to Comply
Standards
6. Took
samples with
of the
dynamited fish from the twenty crates and properly labeled these and issued Receipt of fish samples
taken for examination to the violator
7. Brought the apprehended person to the nearest police station for safekeeping.
8. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
apprehension
indicating:
4. Fishing inb.overexploited
or report
fishery
management areas
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
c. Certification by the fish examiner that the fish is caught with the use of explosives
9. Turned over the confiscated fish to the Lucena City jail and asked for a Receipt of Distributed Confiscated Fish
10. Brought the violator to the prosecutor for inquest proceedings and for submission of the documents they prepared for case
filing
Fishing
withoutcyanide,
license or
necessary
or not
complying
with documentary
requirements
8. 5.
Use
of dynamite,
fine
mesh netpermits
and other
forms
of destructive
fishing
Based on the information that Fisherman X was using fine mesh net, fishery law enforcement officers of Municipality Z put him under
surveillance. One night, when Fisherman X went seaward to fish, the law enforcers informed him that they will board the latters boat as
part of their regular monitoring activities. On the boat, the law enforcers found a fine mesh net. The law enforcers informed him that he
is violating Section 89 of RA 8550, then apprehended Fisherman X and brought him to the nearest police station for safekeeping. They
also
measuredofthe
mesh size
found out
they are only
2 cm.
diameter.waters
They then proceeded to confiscate and inventory the
6. Intrusion
licensed
and and
unlicensed
commercial
fishers
in in
municipal
fishing equipment and paraphernalia and issued a confiscation receipt to Fisherman X and also impoundment receipt for the vessel.
They turned over the boat and other confiscated items to the LGU for safekeeping. They prepared affidavits of witnesses and
photographs of the operation and attached these to the complaint which they filed with the Office of the Prosecutor when they brought
the7.apprehended
persons
forillegally-caught
inquest proceedings.
Marketing and
buying
fish & fishery species
While the documentary requirements were complete, nevertheless, the complaint was dismissed by the prosecutor because there was
no violation committed.
Why? To constitute fishing with the use of fine mesh net, the net must have been lowered and used in actual fishing. In this case the
net is not in use because it is still in the vessel.
265
D. Mangrove Destruction
Juan cleared mangroves to make way for the implementation of his newly-issued Fishpond Lease Agreement (FLA) with the Bureau of
Fisheries and Aquatic (BFAR). It was witnessed by residents of nearby communities that Juan cleared the mangroves and built dikes
around the area to control the flow of water into the area. Conscious of the potential violation being committed by Juan, Ronel, one of
the witnesses, took pictures of the clearings and dikes and submitted these to the DENR and BFAR with the request to conduct an
ocular inspection. Upon joint inspection by the DENR and BFAR, they found out that a mangrove area has indeed been cleared of
mangroves, and they also found witnesses saying that they saw Juan clearing the swamp and constructing dikes. The composite team
the following:
B.did
Failure
to Comply with Report Requirements
1. Gathered and documented evidence for case building such as:
a. Affidavits of witnesses (DENR and members of the community),
b. Location map of the area, and
c. Inventory the number of mangroves cut
d. Pictures
2. BFAR prepared and executed a complaint-affidavit with the Prosecutors Office against Juan for mangrove conversion and
filed another complaint with its office against Juan for violating FLA conditions which provides that no mangrove shall be cut
C. Illegal Fishing
Activities
in the leased
area.and Dealing in Illegally-Caught Fish or Fishery Products
1. E.
Capture
Miningof& breeders,
Quarryingspawners, eggs or fry
1. Illegal upland mining
The barangay captain of Barangay Y, Palanas, Camarines Norte received a report that there are many small-scale miners operating in
the upland areas of his barangay. The gold ore extracted from the mines are being sold to one small-scale miner who has a permit. The
captain
took
photographs
of the
small-scale mining
activities
the trucks transporting the ore from the area.
2. barangay
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Pens
and and
FishofCages
The barangay captain reported the matter to the Mines and Geosciences Bureau (MGB) of Region V and requested that an
investigation be conducted. The MGB conducted an investigation of the area. The investigation report showed that extraction of gold
ore were being conducted by many small-scale miners without any permit, and that this violates Section 103 of RA 7942 or Theft of
Minerals. The MGB issued a Cease- and- Desist Order to stop the mining operations and did the following:
1.
2.
Conducted investigation to determine identity of violators, specific acts performed in violation of the Mining Act, and witnesses
Prepared the necessary documents for case filing:
a. Investigation Report on the extraction and disposition of minerals
266
267
complaint with the Office of the Prosecutor for violation of Section 179, DAO 2010-21 in relation to Sec. 110 of RA 7942 and Beach
Quarrying under BP 265, attaching the Recommended evidence for the violation in Chapter 4 of this Manual.
4. Quarrying
Marilyn, the barangay captain of Piris complained against Mang Tinos extraction of sand from the beach of her barangay. Mang Tino
contended that he had a permit from the Provincial Mining Regulatory Board (PMRB). Doubting the authenticity of Tinos permit,
to PMRB
to Report
inquire ifRequirements
a permit was indeed issued for the quarry activity. PMRB denied issuing such permit knowing fully
B.Marilyn
Failurewent
to Comply
with
that beach quarrying is prohibited under Section 1 of Batas Pambansa Blg. 265. With this knowledge, Marilyn then proceeded to do the
following:
1. Prepared the necessary documents for case filing:
a. Photo or video showing the extraction of minerals
b. Photo or video of the extracted beach sand, including the tools, equipment and conveyance used in the commission
of the offense
c. Sample of the beach sand
C. Illegal Fishing
and Dealingofinthe
Illegally-Caught
or Fishery Products
d. Activities
Results/certification
kind of materialFish
extracted
e. PMRB Certification as to the lack of quarrying permit
1. Capture of breeders,
spawners,
eggs orshowing
fry
f.
Affidavits
of witnesses
extraction
2. Caused the preparation of the complaint-affidavit with the above documents as attachments and filed the same with the Office
of the Prosecutor.
F. NIPAS Protected Area Violations
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
The twin reefs of Miling and Minay in the Gulf of Ragay were declared as Protected Seascape. A delineation survey was conducted
with the aid of the NAMRIA and the boundary of the protected area was marked with buoys. One day, PA law enforcers saw at least
three fishermen on board a motorized banca cruising within the boundaries of the PA. The law enforcers took pictures of the incident,
waited for the motorized banca to leave the PA, and signaled for the three fishermen to stop. The PA law enforcers then inquired if the
fishermen had a permit to use a motorized banca within the PA. When the fishermen said no, the law enforcers informed them that they
violated Sec. 20(c) of RA 7586. They then proceeded to do the following:
1.
268
2.
Brought the boat to shore and conducted inventory, tagging and seizure of the boat, its engine and other equipment, tools and
paraphernalia used in the commission of the offense.
3. Failure
to Comply
with
Standards
3. Prepared
seizure
receipt
for the seized items and provided a copy to the violators.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the Municipal Police Station of Buenas Suerte for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b.
apprehension
indicating:
4. Fishing in overexploited
or report
fishery
management areas
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
c. Certification from the PAMB or PaSu that said motorized equipment use is without permission
7. Turned over custody over the confiscated items to the custodian officer of the Office of the PASu and asked for a Turnover
Receipt.
8. Brought the violators to the prosecutor for inquest proceedings and submitted the documents they prepared for case filing
5. Fishing without license or necessary permits or not complying with documentary requirements
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
The members of BFARs Quick Response Team (QRT) are on board the MCS vessel in the vicinity of Masinloc, Zambales as part of
their regular monitoring activities. The MCS vessel went near a commercial fishing vessel identified as F/B Panatag to conduct
regulatory inspection. The QRT notified the crew of the F/B Panatag of their intent to board but the fishing vessel sped away. The MCS
vessel
chased of
and
caught up
F/B Panatag
after thirtyfishers
minutes.
The QRT members,
6. Intrusion
licensed
andwith
unlicensed
commercial
in municipal
waters again, notified the fishing vessel of their intent
to board. After boarding the vessel, they introduced themselves and showed their identification/authority. The boat master was
informed of his violation of Section 106 of the Fisheries Code (obstruction to fishery law enforcement officer) and proceeded to do the
following:
7. Marketing and buying illegally-caught fish & fishery species
1. Apprehended and informed the boat master of his Miranda rights.
2. Brought the F/B Panatag to Masinloc port and conducted inventory, tagging and seizure of the vessel, equipment,
paraphernalia and other tools used in the commission of the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the violator.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the nearest police station for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
269
7.
8.
9.
1. Seeing
Capturethe
of destruction
breeders, spawners,
or fry
caused by eggs
the development,
the deputized Bantay Dagat of coastal town X filed a complaint for violation of
Sections 102 & 4(4), RA 8550 before the trial court alleging aquatic pollution and praying, among others, for an Environmental
Protection Order. They did the following:
1.
Prepared photo or video showing that deforestation was undertaken in the uplands, development activities and grubbed
portion of the mountain, underwater photographs depicting silted corals and seagrasses
2. Prepared affidavits of witnesses on the same,
2. Construction
andcertification
Operation from
of Fish
Corrals/Traps,
Fish Pens and Fish Cages
3. Secured
BFAR
that:
a. There were destroyed seagrasses and corals
b. Said destruction was due to the siltation caused by the upland deforestation
c. Said destruction is considered a deleterious effect that harms living and non-living aquatic resources and hinders
aquatic activities
4. Executed complaint-affidavit, attached the above documents and filed the same with the Office of the Prosecutor.
The court issued a Temporary Environmental Protection Order (TEPO) while hearing the case for aquatic pollution due to upland
deforestation.
270
I. Water Pollution
Failure toorComply
with
Standards
1. 3.
Discharge
dumping
and/or
transport of pollutants
Fastfood McBee contracted out the disposal and treatment of used cooking oil to Treater Linis. Treater Linis, to save on cost, loaded
drums filled with the used cooking oil on a truck and directly dumped these into a canal leading to a nearby creek. Barangay Tanods
saw the actual dumping of the contents of one of the drums, and took photos and video of the same. The Tanods then approached the
4. Fishing
overexploited
fishery
management
violators
and in
told
them to stop. or
The
following
transpired: areas
1.
2.
3.
4.
5.
The Tanods held the driver and personnel of Treater Linis at the site and brought them to the Barangay Hall,
They instructed the truck driver to bring the truck with its contents to the Barangay Hall,
They took the names and addresses of the violators and Treater Linis,
They notified the Barangay Captain, who in turn, notified the nearest EMB Office,
While waiting for the EMB, they marked and labelled the drums, conducted inventory and found out that: there were a total of
40 drums, 20 were filled up and 20 were empty,
5. Fishing
without
or necessary
or took
not complying
documentary
6. Upon
arrivallicense
of the EMB
personnel,permits
the EMB
samples of with
the liquid
from the requirements
filled-up containers, in the presence of the
Tanods and the violators,
7. The Tanods also took photos of the:
a. people composing the sampling team,
b. violators,
c. the conveyances and tools used for dumping (trucks, containers, etc.),
every step
the sampling
process. fishers in municipal waters
6. Intrusion d.
of licensed
andofunlicensed
commercial
8. The EMB took the samples for analysis and identification,
9. The Barangay Tanods prepared the following documents:
a. Joint affidavit as to the discharge or deposit of the cooking oil and the location of the discharge;
the EMB laboratory
and Certification by the EMB that the used cooking oil could cause water
7. Marketingb.andResults
buyingofillegally-caught
fish examination
& fishery species
pollution,
10. The Barangay Tanods and the Barangay Captain filed a complaint before the Regional Director of EMB against Treater Linis
for violation of Section 27 (a) of RA 9275 or discharge of material that causes pollution or obstructs natural flow. They
attached the joint affidavit, pictures, video and EMB laboratory results and certification to the complaint as evidence.
Notes:
1.
2.
This case may also be filed with the PAB at the DENR Central Office.
The violators were later on discharged because the violation committed is purely administrative or civil.
271
272
J. Wildlife Violations
Failure toofComply
with Standards
1. 3.
Collection
endangered
and protected benthic marine life (such as Triton shells and giant clams) and corals
In the morning of July 30, 2004, a member of Task Force Masigasig, a provincial inter-agency task force in Camarines Sur Province,
received information from a tipster that coral sands and coral rubbles are being unloaded from a small ship in Pasacao Fish Port. Task
Force members acted immediately and with the help of the PNP Maritime Group stationed at the gate of the port, apprehended the
4. Fishing
in overexploited
or to
fishery
areas
truck
while the
driver was trying
sneakmanagement
out the hastilyloaded corals. A total of 24 tons of corals were confiscated. They did the
following:
1.
2.
3.
273
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
Wildlife Enforcement Officers (WEOs) connected with the Philippine Coast Guard (PCG) on tour of duty at the Zamboanga City port
observed a docked fishing vessel containing live and dead marine turtles. Also on board the vessel are several men busy placing the
marine turtles in Styrofoam containers.
The Philippine Coast Guard immediately contacted the DENR CENRO and the BFAR offices and informed them about the matter. The
dispatched
a team
the Zamboanga
City port and coordinated with the WEOs of the Philippine Coast Guard.
B.office
Failure
to Comply
withto
Report
Requirements
The composite team approached the docked vessel. The composite team, following the boarding procedures of the PCG, boarded the
vessel. The designated head of the composite team introduced himself and the other members of the team to the captain of the vessel
and his crew. The composite team showed their identification cards to the captain and the crew on board the vessel. On board the
vessel,they saw different species of live and dead marine turtles. Some of the turtles were in open Styrofoam boxes while many more
were on the floor of vessel.
The team leader asked the captain of the vessel to show the vessels license/permit and the fishing permit. The captain showed the
C.team
Illegal
Fishing
and Dealing
Illegally-Caught
or leader
Fishery
Products
leader
the Activities
vessels license
and theinfishing
permit. TheFish
team
then
asked if the captain and his crew are aware that the
taking and catching of marine turtles is prohibited by law. The captain just scratched his head and told the team leader if they could just
aboutofit.
1. talk
Capture
breeders, spawners, eggs or fry
The team leader refused and informed the captain and his crew that they were violating the Wildlife Act and the Fisheries Code for
taking and catching marine turtles. He announced their arrest and read to them their Miranda rights. A thorough search, on the body of
the persons arrested and the immediate vicinity, in which said person may gain possession of a weapon, in some way effect an
escape, or destroy or hide evidence, was conducted by members of the composite team upon orders of the team leader. One of the
members of the composite team documented the whole proceedings through photo and/or video camera.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Several members of the team conducted an inventory of the items found in the vessel in the presence of the captain and one of his
crew members. The marine turtles were tagged or labeled using the seized evidence tag forms. The inventory and tagging also
included paraphernalia, tools, equipment, conveyance, and other items used in connection with the commission of the offense. An
inventory form was then prepared and signed by the team members who conducted the inventory. Thereafter, a seizure receipt was
prepared and signed by the team leader and other members of the composite team. A copy of the seizure receipt was furnished to the
captain but he refused to sign to acknowledge the receipt of the copy of document. A notation on the seizure receipt that the captain
refused to sign was then made by the team leader on the seizure receipt.
274
The composite team turned-over the accused to the nearest police station for investigatory detention. The team also caused the
recording of the arrest and the surrounding circumstances on police blotter and asked for a copy thereof. The composite team prepared
Failurestatements
to Comply of
with
Standards
the3. sworn
the
witnesses and apprehension officers and the Apprehension Report, together with the supporting
documents and other evidence. An inquest proceeding before the Office of the Prosecutor was immediately arranged and conducted
for possible violation of Section 97 of RA 8550 or fishing or taking of rare, threatened or endangered species, Section 27 (a) of RA
9147 or killing and destroying wildlife species, or Section 27 (f) of RA 9147 or collecting, hunting or possessing wildlife, their byproducts or derivatives.
5. Fishing without license or necessary permits or not complying with documentary requirements
275
Annexes
Annexes
Annex
Annex
1. Full
1. Provisions
Full Provisions
of Prohibited
of Prohibited
Acts in
Acts
Environmental
in Environmental
LawsLaws
Applicable
Applicable
to Coastal
to Coastal
and Marine
and Marine
AreasAreas
A. Fisheries
A. Fisheries
C.Discovery
Illegal Discovery
Fishing
and
in Illegally-Caught
Fish
or Fishery
Products
of anyActivities
person
of any in
person
an Dealing
area
in an
where
area
he
where
has he
no has
permit
no
or
permit
registration
or registration
papers for
papers
a fishing
for a vessel
fishing shall
vessel
constitute
shall constitute
a prima afacie
prima facie
presumption
presumption
that the that
person
the and/or
person vessel
and/or isvessel
engaged
is engaged
in unauthorized
in unauthorized
fishing: fishing:
Provided,
Provided,
That fishing
That for
fishing
dailyfor
food
daily
sustenance
food sustenance
or for or for
1. leisure
Capture
of breeders,
spawners,
eggs
or occupation
fry or livelihood
which
leisure
iswhich
not foriscommercial,
not for commercial,
occupation
or livelihood
purposes
purposes
may be may
allowed.
be allowed.
Sec. 86,Sec.
par.86,
3: Unauthorized
par. 3: Unauthorized
fishing fishing
by commercial
by commercial
fishing fishing
vessel vessel
It shall be
It shall
unlawful
be unlawful
for any commercial
for any commercial
fishing vessel
fishingtovessel
fish intobays
fish and
in bays
in such
and other
in such
fishery
other management
fishery management
areas which
areasmay
which
hereinafter
may hereinafter
be declared
be declared
as over-exploited.
as over-exploited.
2. Sec.
Construction
Operation
of
Fish Corrals/Traps,
Fish municipal
Pens
Fish
Cages
86,Sec.
par.86,
5:and
Unauthorized
par.
5: Unauthorized
commercial
commercial
fishing fishing
within
withinand
municipal
waters
waters
It shall It
beshall
unlawful
be unlawful
for any for
person
any person
not listed
notinlisted
the registry
in the registry
of municipal
of municipal
fisherfolk
fisherfolk
to engage
to engage
in any commercial
in any commercial
fishing activity
fishing activity
in
in
municipal
municipal
waters. waters.
Any municipal
Any municipal
fisherfolk
fisherfolk
who commits
who commits
such violation
such violation
shall beshall
punished
be punished
by confiscation
by confiscation
of catchofand
catch
a fine
andofa Five
fine of Five
hundredhundred
pesos (P500.00).
pesos (P500.00).
Sec. 18:Sec.
Users
18:of
Users
municipal
of municipal
waters waters
All fisheries
All fisheries
related related
activitiesactivities
in municipal
in municipal
waters, waters,
as defined
as defined
in this in
Code,
this shall
Code,beshall
utilized
be utilized
by municipal
by municipal
fisherfolk
fisherfolk
and their
and their
cooperatives/organizations
cooperatives/organizations
who arewho
listed
are
aslisted
suchas
in the
suchregistry
in the registry
of municipal
of municipal
fisherfolk.
fisherfolk.
276
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
3. Failure
Comply in
with
Standards
area
from thetoshoreline
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;
4. Fishing
in overexploited or fishery management areas
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the ship owner, 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
an5.environmentally
critical
condition
and during
closedorseason
as provided
fordocumentary
in Section 9 ofrequirements
this Code.
Fishing without
license
or necessary
permits
not complying
with
Sec 86, par. 5: Unauthorized commercial fishing
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. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five
hundred pesos (P500.00).
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Sec. 87: 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.
7. Marketing and buying illegally-caught fish & fishery species
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing
in Philippine waters. Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in
addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose
an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S.
Dollars (US$200,000.00) or its equivalent in the Philippine currency.
277
Sec. 88, pars. 1-3: Fishing through explosives, noxious or poisonous substance, and/or electricity
1. 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 electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine
fishery areas, 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 endorsement from the concerned LGUs, may allow, for research, educational
or scientific purposes only, the use of electricity, 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 in fishponds in accordance with accepted
scientific practices and without causing adverse environmental impact in neighboring waters and grounds shall not be construed as
B.illegal
Failure
to Comply with Report Requirements
fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery
species which have been illegally caught, taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous
substances, or equipment or device for electrofishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat
fishworker
shall constitute
prima
evidence, that
theor
same
was Products
used for fishing in violation of this Code. The discovery in
C.official
Illegalor
Fishing
Activities
and Dealing
in facie
Illegally-Caught
Fish
Fishery
any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity shall constitute
prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof.
1. Capture of breeders, spawners, eggs or fry
2. Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.
3. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the
result to physical
injury orofloss
of Corrals/Traps,
human life.
2. same
Construction
and Operation
Fish
Fish Pens and Fish Cages
Sec. 88, par. 4: Dealing in, selling or disposal of illegally caught/gathered fisheries species
Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by
imprisonment ranging from six (6) months to two (2) years.
278
5. Fishing without license or necessary permits or not complying with documentary requirements
It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active
fishing gears as defined in this Code.
Sec. 91: Ban on coral exploitation and exportation
It shall be unlawful for any person or corporation to gather, possess, sell or export ordinary precious and semi-precious corals, whether
raw
in processed
form, except
for scientificcommercial
or researchfishers
purposes.
6. or
Intrusion
of licensed
and unlicensed
in municipal waters
Sec. 92, par. 1: Ban on muro-ami, other methods and gear destructive to coral reefs and other marine habitat
Marketing
and for
buying
illegally-caught
& fishery
species
It 7.
shall
be unlawful
any person,
natural orfish
juridical,
to fish
with gear 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 gear 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.
Sec. 92, par. 4: Ban on white sand, silica, pebbles and other marine habitat
It shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any other substances
which make up any marine habitat.
279
B.Sec.
Failure
Comply
with Reportarea
Requirements
95: to
Fishing
in overfished
and during closed season
It shall be unlawful to fish in overfished area and during closed season.
Sec. 96: Fishing in fishery reserves, refuge and sanctuaries
It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
FAO 185 s. 1992: Dolphins, whales and porpoises
Taking, catching, selling, purchasing, and possessing, transporting or exporting of dolphins, whales and porpoises, whether dead or
alive, in any state or form whether raw or processed.
280
7. Marketing
buying
fishvessel
& fishery
species
The
owner and and
captain
of a illegally-caught
commercial fishing
engaged
in fishing who, upon demand by proper authorities, fails to exhibit or
show proof of compliance with the safety standards provided in this Code, shall be immediately prevented from continuing with his
fishing activity and escorted to the nearest port or landing point. The license to operate the commercial fishing vessel shall be
suspended until the safety standard has been complied with.
Sec. 103(b): Failure to conduct yearly report
The FLA of the holder who fails to render a yearly report shall be immediately canceled: Provided, That if the offender be the owner of
the fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) first offense, a fine of Five hundred pesos
281
(P500.00) per unreported hectare; (2) subsequent offenses, a fine of One hundred thousand pesos (P100,000.00) per unreported
hectare.
Sec. 103(c): Gathering and marketing of shell fishes
It shall be unlawful for any person to take, sell, transfer, or have in possession for any purpose any shell fish which is sexually mature
or below the minimum size or above the maximum quantities prescribed for the particular species.
Sec. 103(d): Obstruction to navigation or flow and ebb of tide in any stream, river, lake or bay
B. Failure to Comply with Report Requirements
It shall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide.
Sec. 103(e): Construction and operation of fish corrals/traps, fish pens and fish cages
It shall be unlawful to construct and operate fish corrals/traps, fish pens and fish cages without a license/permit.
103:
Obstruction
or delaying
inspection
of fish and fish
C.Sec.
Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fishproducts
or Fishery Products
Provided, finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic
1. products
Capture of
breeders,
spawners,and/or
eggs movement
or fry
when
such inspection
is authorized under this Code, shall be subject to a fine of not more than Ten
thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, upon the discretion
of the court.
Sec. 104: Commercial fishing vessel operators employing unlicensed fisherfolk or fishworker or crew
owner/operator
of a commercial
vessel employing
unlicensed
2. The
Construction
and Operation
of Fishfishing
Corrals/Traps,
Fish Pens
and Fish fisherfolk
Cages or fishworker shall be fined Five hundred pesos
(P500.00) each for every month that the same has been employed and/or One thousand pesos (P1,000.00) for every month for each
unlicensed crew member who has been employed.
Sec. 105: Obstruction of defined migration paths
Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but not limited
to river mouths and estuaries within a distance determined by the concerned FARMCs shall be punished by imprisonment of seven (7)
years to twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) or both
282
imprisonment and fine at the discretion of the court, and cancellation of permit/license, if any, and dismantling of obstruction shall be at
his own expense and confiscation of the same.
3. Failure to Comply with Standards
Sec. 106: Obstruction to fishery law enforcement officer
The boat owner, master or operator or any person acting on his behalf of any fishing vessel who evades, obstructs or hinder any fishery
law enforcement officer of the Department to perform his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the
registration, permit and/or license of the vessel including the license of the master fisherman shall be canceled.
4. Fishing in overexploited or fishery management areas
B. Wildlife
1. Wildlife Resources Conservation and Resources Act (RA 9147)
Sec. 25: Establishment of critical habitats
5. Fishing without license or necessary permits or not complying with documentary requirements
Within two (2) years following the effectivity of this Act, The Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data
taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living
in the area, among others.
All6.designated,
habitats
shall be protected,
in coordination
the local
government units and other concerned groups, from
Intrusion ofcritical
licensed
and unlicensed
commercial
fishers inwith
municipal
waters
any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat.
7. Marketing and buying illegally-caught fish & fishery species
Sec. 27: Illegal Acts
Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife
resources and their habitats, or undertake the following acts:
(a) killing and destroying wildlife species, except in the following instances;
i.
when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
ii.
when the wildlife is afflicted with an incurable communicable disease;
283
iii.
iv.
v.
when it is deemed necessary to put an end to the misery suffered by the wildlife;
when it is done to prevent an imminent danger to the life or limb of a human being; and
when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species
(c) Effecting any of the following acts in critical habitat(s)
i.
dumping of waste products detrimental to wildlife;
ii.
squatting or otherwise occupying any portion of the critical habitat;
B. Failure to Complyiii.with Report
Requirements
mineral
exploration and/or extraction;
iv.
burning;
v.
logging; and
vi.
quarrying
(d) Introduction, reintroduction or restocking of wildlife resources
(e) Trading
of wildlife
C. Illegal Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products
(f) Collecting, hunting or possessing wildlife, their by-products or derivatives
1. Capture of breeders, spawners, eggs or fry
(g) Gathering or destroying of active nests, nest trees, host plants and the like
(h) Maltreating and/or inflicting other injuries not covered by the preceding paragraph
(i) Transporting of wildlife
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
C. Water Pollution
1. Philippine Clean Water Act (RA 9275)
Sec. 27: Prohibited Acts
The following acts are hereby prohibited:
284
(a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm,
floods
or otherwise,
which
could
cause water pollution or impede natural flow in the water body;
3. Failure
to Comply
with
Standards
(b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the
case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures
are adopted to prevent the contamination of the groundwater;
4. Fishing in overexploited or fishery management areas
(c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for
any violation of any condition therein;
(d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
(e)5.Unauthorized
transport
or dumping
into sea
watersorofnot
sewage
sludgewith
or solid
waste as defined
under Republic Act No.9003;
Fishing without
license
or necessary
permits
complying
documentary
requirements
Note: Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid
waste. (Section 3 (kk), RA 9003)
(f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
(g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
7. Marketing and buying illegally-caught fish & fishery species
(h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing rules, and regulations;
(i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was
revoked for any violation of condition therein;
(j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall
be imposed on the local government officials concerned;
285
(k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
(l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
(m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
(n) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the
water quality.
B.Sec.
Failure
with
28, to
parComply
2, clause
1:Report
FailureRequirements
to clean up
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each
dayActivities
during which
omission
and/or contamination
C.day
Illegal
Fishing
andthe
Dealing
in Illegally-Caught
Fish continues.
or Fishery Products
Sec. 28, par. 2, clause 2: Failure to clean up that results to serious injury
1. Capture of breeders, spawners, eggs or fry
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each day
during
which the
omission
and/or contamination
2. day
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Penscontinues.
and Fish Cages
Sec. 28, par. 3: Gross violations
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal
charges against the violators. Gross violation shall mean any of the following:
(a) Deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
(b) Five {5) or more violations within a period of two (2) years; or
286
(c)
Blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating
despite the existence of an order for closure, discontinuance or cessation of operation.
3. Failure to Comply with Standards
Sec. 28, par. 5: Violation of Marine Pollution Decree
For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof, such person
shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of
4. Fishing in overexploited or fishery management areas
the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person
primarily responsible shall be held liable.
Sec. 28, par. 5: Discharge of oil or other harmful substances by vessels
Provided, That any vessel from which oil or other harmful substances are discharged in violation of Section 4 of Presidential Decree
No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of
the5.Philippines
may belicense
withheld
the finepermits
is paid and
such
penalty shall
a lien requirements
on such vessel which may be recovered in
Fishing without
or until
necessary
or not
complying
withconstitute
documentary
proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which discharged
the oil or other harmful substances will be liable to pay for any clean-up costs.
Sec. 29: Non-compliance with the Water Quality Management Area Action Plan
Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan. - Local government officials
concerned
shall
subjectand
to Administrative
sanctions incase
ofin
failure
to comply
with their action plan accordance with the relevant
6. Intrusion
ofbe
licensed
unlicensed commercial
fishers
municipal
waters
provisions of R.A. No. 7160.
287
a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful
substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any
method, means or manner, into or upon the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited either from or out of
any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of
any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such
navigable water; and
B. Failure to Comply with Report Requirements
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, or
on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water,
either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or
obstructed or increase the level of pollution of such water.
Ecological
Solid
Wasteand
Management
(RA 9003)
C.3.Illegal
Fishing
Activities
Dealing inAct
Illegally-Caught
Fish or Fishery Products
48: Prohibited
Acts
1. Sec.
Capture
of breeders,
spawners, eggs or fry
The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros
or parks, and establishment, or causing or permitting the same;
288
(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and
notStandards
conforming with the land use plan of the LGU;
3. Failure to Comply with
4. Philippine Fisheries Code of 1998 (RA 8550)
Sec. 102: Aquatic Pollution. Aquatic pollution, as defined in this Code shall be unlawful
4. Fishing in overexploited or fishery management areas
Sec. 4(4): 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 the 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 artificial fish feed, and
wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution.
5. Fishing without license or necessary permits or not complying with documentary requirements
5. Toxic Substances and Hazardous and Nuclear wastes Control Act of 1990 (RA 6969)
Sec. 13. Prohibited Acts
The
and omissions
shall be considered
unlawful:
6. following
Intrusionacts
of licensed
and unlicensed
commercial
fishers in municipal waters
XXX
Marketing
and buying
illegally-caught
fish
species access to records as required by this Act, or permit inspection of
(b)7.Failure
or refusal
to submit
reports, notices
or &
onfishery
the information,
establishment where chemicals are manufactured, processed, stored or otherwise held;
XXX
(d) Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into Philippine territory, including its maritime
economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.
289
C.Penalty
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
FisherySection
Products
for Violation.
Any person,
corporation
or partnership Fish
foundorviolating
4 of this Decree, or the terms and conditions in the
issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental
pursuant
to this eggs
Decree
1. Protection
Capture ofCouncil
breeders,
spawners,
orshall
fry be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council. (underscoring ours)
Sec. 9, clause 3: Violation of the EMB Rules on EIA
Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the
2. issuance
Construction
Operation of
Fish Corrals/Traps,
and Fish rules
Cages
of theand
Environmental
Compliance
Certificate, Fish
or of Pens
the standards,
and regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council.
290
E. Forestry
Failure Forestry
to Comply
with(PD
Standards
1. 3.
Revised
Code
705), as amended by PD 1559, PD 865, PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and
83 O.G. o. 31
Sec. 71, clause 1: Ban on mangrove cutting (as amended by RA 7161)
4. Fishing
overexploited
fishery
management
areas there shall be collected forest charges on each cubic meter of firewood
Except
for all in
mangrove
speciesorwhose
cutting
shall be banned,
cut in forestland, branches and other recoverable wood wastes of timber, such as timber ends, tops and stumps when used as raw
materials for the manufacture of finished products, Ten Pesos (P10). (underscoring ours)
Sec. 77. Cutting, gathering and/or collecting timber, or other forest products without license
Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and
disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty
Fishingtheft
without
license and
or necessary
or not 309
complying
documentary
requirements
of 5.qualified
as defined
punished permits
under Articles
and 310with
of the
Revised Penal
Code; Provided, That in the case of
partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers
are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration
and Deportation.
Sec. 78: Unlawful occupation or destruction of forest lands and grazing lands
6. Intrusion
of licensed
and
unlicensed
commercial
in municipal
Any
person who
enters and
occupies
or possesses,
or fishers
makes kaingin
for hiswaters
own private use or for others any forest land without
authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any
damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do
so,7.or
sets a fire,
or buying
negligently
permits a fire fish
to be&set
in any
forest land shall, upon conviction, be fined in an amount of not less than
Marketing
and
illegally-caught
fishery
species
five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor
more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges which
would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit:
Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor
more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without
prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau.
291
Sec. 80: Illegal occupation of National Parks System and recreation areas, and vandalism therein
Illegal occupation of national parks system and recreation areas and vandalism therein. Any person who shall, without permit, occupy
for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any
species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural
beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more
than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires rehabilitation or
restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the
damage; Provided, Further, That any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal
B.life
Failure
Comply
with
Requirements
withintoany
area in
theReport
national
parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order
eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other
natural resources collected or removed, and any construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the
provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of
local parks.
292
(a) Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the
Management Board;
(b)3.Dumping
of Comply
any waste
products
detrimental to the protected area, or to the plants and animals or inhabitants therein;
Failure to
with
Standards
(c) Use of any motorized equipment without a permit from the Protected Area Management Board (PAMB);
(d) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value);
(e) Damaging and leaving roads and trails in a damaged condition;
(f) Squatting, mineral locating, or otherwise occupying any land;
(g) Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit;
4. Fishing in overexploited or fishery management areas
(h) Leaving refuse or debris in exposed or unsanitary conditions, or depositing in ground, or in bodies of water; and
(i) Altering, removing destroying or defacing boundary marks or signs.
G. Water Code of the Philippines (Presidential Decree 1067)
Art. 51: Easement in banks of rivers and streams and the shores of the seas and lakes
5. Fishing without license or necessary permits or not complying with documentary requirements
The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3)
meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to
the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in
this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
Art. 91(B)(3): Unauthorized obstruction of river or waterway or occupancy of riverbank
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and imprisonment in the discretion of the Court, shall be imposed on
any
whoand
commits
anyillegally-caught
of the following acts:
7. person
Marketing
buying
fish & fishery species
XXX
3.
293
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
294
5. Fishing without license or necessary permits or not complying with documentary requirements
295
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
296
5. Fishing without license or necessary permits or not complying with documentary requirements
297
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
298
5. Fishing without license or necessary permits or not complying with documentary requirements
299
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
300
5. Fishing without license or necessary permits or not complying with documentary requirements
301
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
302
5. Fishing without license or necessary permits or not complying with documentary requirements
303
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
304
5. Fishing without license or necessary permits or not complying with documentary requirements
305
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
306
5. Fishing without license or necessary permits or not complying with documentary requirements
307
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
308
5. Fishing without license or necessary permits or not complying with documentary requirements
309
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
310
5. Fishing without license or necessary permits or not complying with documentary requirements
311
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
312
5. Fishing without license or necessary permits or not complying with documentary requirements
313
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
314
5. Fishing without license or necessary permits or not complying with documentary requirements
315
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
316
5. Fishing without license or necessary permits or not complying with documentary requirements
317
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
318
5. Fishing without license or necessary permits or not complying with documentary requirements
319
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
320
5. Fishing without license or necessary permits or not complying with documentary requirements
321
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
322
5. Fishing without license or necessary permits or not complying with documentary requirements
323
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
324
5. Fishing without license or necessary permits or not complying with documentary requirements
325
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
326
5. Fishing without license or necessary permits or not complying with documentary requirements
327
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
328
5. Fishing without license or necessary permits or not complying with documentary requirements
329
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
330
5. Fishing without license or necessary permits or not complying with documentary requirements
331
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
332
5. Fishing without license or necessary permits or not complying with documentary requirements
333
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
334
5. Fishing without license or necessary permits or not complying with documentary requirements
335
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
336
5. Fishing without license or necessary permits or not complying with documentary requirements
337
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
338
5. Fishing without license or necessary permits or not complying with documentary requirements
339
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
340
5. Fishing without license or necessary permits or not complying with documentary requirements
341
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
342
5. Fishing without license or necessary permits or not complying with documentary requirements
343
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
344
5. Fishing without license or necessary permits or not complying with documentary requirements
345
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
346
5. Fishing without license or necessary permits or not complying with documentary requirements
347
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
348
5. Fishing without license or necessary permits or not complying with documentary requirements
349
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
350
5. Fishing without license or necessary permits or not complying with documentary requirements
351
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
352
5. Fishing without license or necessary permits or not complying with documentary requirements
353
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
354
5. Fishing without license or necessary permits or not complying with documentary requirements
355
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
356
Annex
Annex
5. Criminal
5. Criminal
Procedure
Procedure
Flowcharts
Flowcharts
3. Failure to Comply with Standards
1. Procedure
1. Procedure
In Filing
In Filing
and Prosecuting
and Prosecuting
CaseCase
under
under
WARRANTLESS
WARRANTLESS
ARREST
ARREST
5. Fishing without license or necessary permits or not complying with documentary requirements
357
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
358
5. Fishing without license or necessary permits or not complying with documentary requirements
359
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
360
Annex
Annex
6. Wildlife
6. Wildlife
LawLaw
Enforcement
Enforcement
Manual
Manual
Flowcharts
Flowcharts
3. Failure to Comply with Standards
1. Investigation
1. Investigation
Procedure
Procedure
5. Fishing without license or necessary permits or not complying with documentary requirements
361
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
362
5. Fishing without license or necessary permits or not complying with documentary requirements
363
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
364
5. Fishing without license or necessary permits or not complying with documentary requirements
365
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
366
5. Fishing without license or necessary permits or not complying with documentary requirements
367
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
368
5. Fishing without license or necessary permits or not complying with documentary requirements
369
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
370
5. Fishing without license or necessary permits or not complying with documentary requirements
371
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
372
5. Fishing without license or necessary permits or not complying with documentary requirements
373
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
374
5. Fishing without license or necessary permits or not complying with documentary requirements
375
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
376
5. Fishing without license or necessary permits or not complying with documentary requirements
377
15. Incoming and Transshipment of cargoes at international seaports and there is advance information of transport of wildlife
goods/derivatives
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
378
3. Failure(Note:
to Comply
withisStandards
Scenario
passenger has checked/inquired with quarantine desk officer to secure the necessary permit)
5. Fishing without license or necessary permits or not complying with documentary requirements
379
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
380
5. Fishing without license or necessary permits or not complying with documentary requirements
381
19. Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
382
5. Fishing without license or necessary permits or not complying with documentary requirements
383
Annex
Annex
Annex
7.Annex
List7.of
7.List
7.List
threatened
List
ofofthreatened
ofthreatened
threatened
wildlife
wildlife
wildlife
species
wildlife
species
species
species
in accordance
ininaccordance
inaccordance
accordance
with DENR
with
with
with
DENR
Administrative
DENR
DENR
Administrative
Administrative
Administrative
OrderOrder
2004-15
Order
Order
2004-15
2004-15
2004-15
A. CRITICALLY
ENDANGERED
SPECIES
A. A.
CRITICALLY
A.
CRITICALLY
CRITICALLY
ENDANGERED
ENDANGERED
ENDANGERED
SPECIES
SPECIES
SPECIES
MAMMALS
MAMMALS
MAMMALS
MAMMALS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
Bovidae
Bovidae
Bovidae
Bovidae
Bubalus
Bubalus
mindorensis
Bubalus
Bubalus
mindorensis
mindorensis
mindorensis
B. Failure to Comply with Report Requirements
Cervidae
Cervidae
Cervidae
Cervidae
Cervus alfredi
Cervus
Cervus
Cervus
alfredi
alfredi
alfredi
MuridaeMuridae
Muridae
Muridae
Crateromys
Crateromys
Crateromys
Crateromys
australisaustralis
australis
australis
Crateromys
Crateromys
Crateromys
Crateromys
paulus paulus
paulus
paulus
Pteropodidae
Pteropodidae
Pteropodidae
Pteropodidae
Dobsonia
Dobsonia
Dobsonia
chapmani
Dobsonia
chapmani
chapmani
chapmani
Dugongidae
Dugongidae
Dugongidae
Dugongidae
DugongDugong
dugon
Dugong
Dugong
dugon
dugon
dugon
Suidae Suidae
Suidae
Suidae
Sus cebrifons
Sus
Sus
Sus
cebrifons
cebrifons
cebrifons
Common
Common
Common
Name
Common
Name
Name
Name
Tamaraw
Tamaraw
Tamaraw
Tamaraw
VisayanVisayan
spotted
Visayan
Visayan
spotted
deer
spotted
spotted
deer
deer
deer
Dinagat Dinagat
hairy-tailed
Dinagat
Dinagat
hairy-tailed
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Ilin hairy-tailed
IlinIlin
hairy-tailed
Ilin
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Philippine
Philippine
Philippine
bare-backed
Philippine
bare-backed
bare-backed
bare-backed
fruit bat fruit
fruit
fruit
batbat
bat
DugongDugong
Dugong
Dugong
VisayanVisayan
warty
Visayan
Visayan
pig
warty
warty
warty
pigpigpig
C.BIRDS
Illegal BIRDS
Fishing
Activities and Dealing in Illegally-Caught Fish or Fishery Products
BIRDS
BIRDS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
1. Capture
ofPsittacidae
breeders,
spawners, eggs or fryCacatuaCacatua
Psittacidae
Psittacidae
Psittacidae
haematuropygia
Cacatua
Cacatua
haematuropygia
haematuropygia
haematuropygia
Bucerotidae
Bucerotidae
Bucerotidae
Bucerotidae
Aceros waldeni
Aceros
Aceros
Aceros
waldeni
waldeni
waldeni
Anthracoceros
Anthracoceros
Anthracoceros
Anthracoceros
montanimontani
montani
montani
Dicaeidae
Dicaeidae
Dicaeidae
Dicaeidae
DicaeumDicaeum
Dicaeum
Dicaeum
accipitridae
accipitridae
accipitridae
accipitridae
Pithecophaga
Pithecophaga
Pithecophaga
Pithecophaga
jefferyi jefferyi
jefferyi
jefferyi
cuculidae
cuculidae
cuculidae
cuculidae
Centropus
Centropus
Centropus
steerii
Centropus
steerii
steerii
steerii
sternidae
sternidae
sternidae
sternidae
Sterna bernsteini
Sterna
Sterna
Sterna
bernsteini
bernsteini
bernsteini
2. Construction
and Operation of Fish Corrals/Traps,
Fish
Pens
and Fish Cages
gruidae gruidae
gruidae
gruidae
Grus antigone
Grus
Grus
Grus
antigone
antigone
antigone
columbidae
columbidae
columbidae
columbidae
Phapitreron
Phapitreron
Phapitreron
Phapitreron
cinereiceps
cinereiceps
cinereiceps
cinereiceps
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
menageimenagei
menagei
menagei
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
keayi keayi
keayi
keayi
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
platenaeplatenae
platenae
platenae
Ptilinopus
Ptilinopus
Ptilinopus
arcanus
Ptilinopus
arcanus
arcanus
arcanus
Common
Common
Common
Name
Common
Name
Name
Name
Philippine
Philippine
Philippine
cockatoo
Philippine
cockatoo
cockatoo
cockatoo
Waldens
Waldens
hornbill
Waldens
Waldens
hornbill
hornbill
hornbill
Sulu hornbill
Sulu
Sulu
Sulu
hornbill
hornbill
hornbill
Quadricolor
Quadricolor
Quadricolor
Quadricolor
Cebu flowerpecker
Cebu
Cebu
Cebu
flowerpecker
flowerpecker
flowerpecker
Philippine
Philippine
Philippine
eagle
Philippine
eagle
eagle
eagle
Black-hooded
Black-hooded
Black-hooded
Black-hooded
coucal coucal
coucal
coucal
ChineseChinese
crested
Chinese
Chinese
crested
tern
crested
crested
tern
tern
tern
Sarus crane
Sarus
Sarus
Sarus
crane
crane
crane
Tawi-tawi
Tawi-tawi
brown
Tawi-tawi
Tawi-tawi
dove
brown
brown
brown
dove
dove
dove
Sulu bleeding-heart
Sulu
Sulu
Sulu
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
bleeding-heart
Negros
Negros
bleeding-heart
bleeding-heart
bleeding-heart
MindoroMindoro
bleeding-heart
Mindoro
Mindoro
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
fruit-dove
Negros
Negros
fruit-dove
fruit-dove
fruit-dove
384
REPTILES
Family
3. Failure to Comply with Standards
Cheloniidae
Bataguridae
Crocodylidae
Varanidae
Scientific Name
Eretmochelys imbricata
Heosemys leytensis
Crocodylus mindorensis
Varanus mabitang
Common Name
Hawksbill turtle
Philippine pond turtle
Philippine crocodile
Panay monitor lizard
CITES-LISTED
SPECIES
4. Fishing in overexploited
or fishery management areas
All species of terrestrial fauna and flora listed uder Appendix I of CITES
B. ENDANGERED SPECIES
MAMMALS
Family
Scientific Name
Common Name
Pteropodidae
Acerodon jubatus
Golden-crowned fruit bat
5. Fishing without license or necessary permits
or notrabori
complying with documentary requirements
Nyctimene
Philippine tube-nosed fruit bat
Cervidae
Cervus calamianensis
Calamian deer
Muridae
Crateromys heaneyi
Panay bushy-tailed cloud rat
Suidae
Sus sp. A from the Sulu Archipelago
BIRDS
385
Common Name
Visayan tarictic hornbill
Mindoro hornbill
Streak-breasted bulbul
(=Mottle-breasted bulbul)
Blue-winged racket-tail
Japanese white stork
White-throated jungle fly-catcher
Negros striped-babbler
Flame-templed babbler
Black shama
Rhyacornis bicolor
Gallicolumba criniger
Gorsachius goisagi
Tringa guttifer
Columbidae
Ardeidae
Scolopacidae
REPTILES
Luzon water-redstart
Mindanao bleeding-heart
Japanese night-heron
Nordmanns greenshank
Family
Scientific Name
Cheloniidae
Caretta caretta
B. Failure to Comply with Report Requirements
Chelonia mydas
Lepidochelys olivacea
Dermochelys coriacea
Bataguridae
Heosemys spinosa
Trionychidae
Pelochelys cantorii
Common Name
Loggerhead turtle
Green sea turtle
Olive ridley sea turtle
Leatherback turtle
Spiny terrapin
Southeast Asian softshell Turtle
AMPHIBIANS
Family and Dealing in Illegally-Caught Scientific
Name Products
C. Illegal Fishing Activities
Fish or Fishery
Ranidae
Platymantis negrosensis
Platymantis polilloensis
1. Capture of breeders, spawners, eggs or fry
Platymantis spelaeus
Platymantis subterrestris
Common Name
Negros forest tree frog
Polillo forest tree frog
Negros limestone frog
Mt. Data cloud frog
CITES-LISTED SPECIES
All species of terrestrial fauna and flora listed uder Appendix II of CITES.
VULNERABLESPECIES
2.C.
Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
MAMMALS
Pteropodidae
Muridae
Family
Scientific Name
Acerodon leucotis
Pteropus dasymallus
Pteropus speciosus
Pteropus leucopterus
Archboldomys luzonensis
386
Common Name
Palawan flying fox
Wooly flying fox
Philippine gray flying fox
White-winged fruit bat
Isarog shrew-mouse
Crateromys schadenbergi
Phloeomys cumingi
3. Failure to Comply with Standards
Batomys russatus
Cervidae
Cervus mariannus
Manidae
Manis culionensis
Erinaceidae
Podogymnura aureo-spinula
Felidae
Prionailurus bengalensis
4. Fishing in overexploited or fishery management
areas
Suidae
Sus barbatus
Sus philippensis
Tragulidae
Tragulus napu
Pteropodidae
Pteropus sp. A from Mindoro Island
Haplonycteris sp. A from Sibuyan Island
BIRDS
Family
Scientific with
Name
5. Fishing without
license or necessary permits or not complying
documentary requirementsCommon Name
Columbidae
Ducula carola
Spotted imperial pigeon
Ducula mindorensis
Mindoro imperial-pigeon
Ptilinopus marchei
Flame-breasted fruit dove
Ducula pickeringii
Grey imperial-pigeon
Caloenas nicobarica
Nicobar pigeon
Ducula poliocephala
Pink-bellied imperial-pigeon
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal waters
Gallicolumba
luzonica
Luzon bleeding-heart pigeon
Ptilinopus merrilli
Cream-bellied fruit dove
Treron formosae
Whistling green-pigeon
Alcedinidae
melanurus
Philippine dwarf kingfisher
7. Marketing and buying illegally-caught fishCeyx
& fishery
species
Alcedo argentata
Silvery kingfisher
Todiramphus winchelli
Rufous-lored kingfisher
Actenoides hombroni
Blue-capped kingfisher
Muscicapidae
Muscicapa randi
Ashy-breasted flycatcher
Ficedula platenae
Palawan flycatcher
Rhinomyias insignis
White-browned jungle flycatcher
Ficedula basilanica
Little slaty flycatcher
Hypothymis coelestis
Celestial blue monarch
387
Campephagidae
Coracina ostenta
Coracina mcgregori
Dicaeidae
Dicaeum haematostictum
Dicaeum retrocinctum
Eurylaimidae
Eurylaimus samarensis
Eurylaimus steerii
Picidae
Picoides ramsayi
Chloropseidae
Chloropsis flavipennis
B. Failure
Pittidae to Comply with Report RequirementsPitta steerii
Pitta kochi
Estrildidae
Erythrura viridifacies
Turdidae
Zoothera cinerea
Rhyacornis bicolor
Timaliidae
Ptilocichla falcata
Phasianidae
Polyplectron emphanum
Bucerotidae
Anthracoceros
marchei
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery Products
Aceros leucocephalus
1. Capture of breeders, spawners, eggs or fry Buceros hydrocorax
Psittacidae
Prioniturus platenae
Prioniturus luconensis
Tanygnathus lucionensis
Strigidae
Bubo philippensis
Mimizuki gurneyi
Accipitridae
Spizaetus philippensis
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
and Fish Cages
Ichthyophaga
ichthyaetus
Silviidae
Acrocephalus sorghophilus
Phylloscopus ijimae
Ardeidae
Egretta eulophotes
Emberizidae
Emberiza sulphurata
Scolopacidae
Eurynorhynchus pygmaeus
Numenius tahitiensis
Charadriidae
Charadrius peronii
Sturnidae
Gracula religiosa
388
White-winged cuckoo-shrike
Mcgregors cuckoo-shrike
Visayan flowerpecker
Scarlet-collared flowerpecker
Visayan broadbill
Mindanao broadbill
Sulu woodpecker
Philippine leafbird
Azure-breasted pitta
Kochs pitta
Green-faced parrotfinch
Ashy thrush
Luzon water-redstart
Falcated wren-babbler
Palawan peacock-pheasant
Palawan hornbill
Writhed hornbill
Rufous hornbill
Blue-headed racket-tail
Green-headed racket-tailed parrot
Blue-naped parrot
Philippine eagle-owl
Giant scops-owl
Philippine hawk-eagle
Grey-headed fish-eagle
Streaked reed-warbler
Ijimas leaf-warbler
Chinese egret
Japanese yellow bunting
Spoon-billed sandpiper
Bristle-thighed curlew
Malaysian plover
Palawan hill myna
Anatidae
Anhingidae
3. Failure to Comply with Standards
Megapodiidae
Anas luzonica
Anhinga melanogaster
Megapodius cumingii
REPTILES
Family
Scientific Name
Varanidae
Varanus olivaceus
4. Fishing in overexploited or fishery management
areas cumingi
Varanus salvator
Varanus salvator marmoratus
Varanus salvator nuchalis
Philippine duck
Darter
Tabon scrubfowl
Common Name
Grays monitor lizard
Malay monitor lizard (Mindanao
population)
Malay monitor lizard (Northern
Philippine population)
Malay monitor lizard (Central Visayas
population)
AMPHIBIANS
5. Fishing without
license or necessary permits or not complying
with documentary requirementsCommon Name
Family
Scientific Name
Ichthyophiidae
Ichthyophis glandulosus
Basilan caecilian
Ichthyophis mindanaoensis
Mindanao caecilian
Bufonidae
Ansonia mcgregori
Macgregors slender toad
Ranidae
Limnonectes magnus
Mindanao fanged Frog
Platymantis hazelae
Hazels forest frog
Platymantis
insulatus
Gigante island limestone frog
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal waters
Platymantis lawtoni
Lawtons forest frog
Platymantis rabori
Rabors forest frog
Rana igorota
Taylors igorot frog
7. Marketing and buying illegally-caught fish & fishery species
Rhacophoridae
Philautus schmackeri
Mindoro tree frog
389
Family
Scientific Name
Viverridae
Arctictis binturong
Cynocephalidae
Cynocephalus volans
Cercopithecidae
Macaca fascicularis
Pteropodidae
Pteropus vampyrus
Tarsiidae
B. Failure to Comply with Report RequirementsTarsius syrichta
REPTILES
Scientific Name
Varanus salvator rudicollis
Hydrosaurus postulatus
Python reticulates
Trimeresurus flavomaculatus mcgregori
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Varanidae
Agamidae
Boidae
Family
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
390
Common Name
Binturong
Flying lemur
Philippine macaque
Giant flying fox
Philippine tarsier
Common Name
Rough-necked monitor
Philippine sailfin Lizard
Reticulated python
Batanes pit viper
Annex
List of threatened
plants
and
other wildlife
in accordance
with
Annex 8.
List of8.threatened
plants and
other
wildlife
speciesspecies
in accordance
with
3. FailureDENR
to Comply
with
Standards
Administrative
Order 2007-01
DENR Administrative
Order 2007-01
Category A. Critically Endangered Species
Category A. Critically Endangered Species
FAMILY
SCIENTIFIC NAME
COMMON NAME
FAMILY
SCIENTIFIC NAME
COMMON NAME
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
4.
Fishing
in
overexploited
or
fishery
management
areas
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
Hopea basilanica Foxw.
Basilan yakal
Hopea basilanica Foxw.
Basilan yakal
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea foxworthyi Elmer
Dalindingan
Hopea foxworthyi Elmer
Dalindingan
Hopea malibato Foxw.
Yakal-kaliot
Hopea malibato
Foxw.
5. Fishing without license or necessary permits
or not complying
with documentaryYakal-kaliot
requirements
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea philippinensis Dyer
Gisok-gisok
Hopea philippinensis Dyer
Gisok-gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea samarensis Gutierrez
Samar gisok
Hopea samarensis Gutierrez
Samar gisok
Shorea astylosa Foxw.
Yakal
Shorea astylosa Foxw.
Yakal
Shorea malibato Foxw.
Yakal-malibato
Shorea malibato Foxw.
Yakal-malibato
6. Intrusion of licensed and unlicensed commercial fishers
in municipal
Vatica ellipttica
Foxw.waters
Kaladis narig
Vatica ellipttica Foxw.
Kaladis narig
Vatica pachyphylla Merr.
Thick-leafed Narig
Vatica pachyphylla Merr.
Thick-leafed Narig
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
EBENACEAE
Diospyros
blancoi A DC.
Kamagong/mabolo
7. Marketing
and buying illegally-caught fish
& fishery
species
EBENACEAE
Diospyros
blancoi
A DC.
Kamagong/mabolo
Diospyros brideliifolia Elmer
Malinoag
Diospyros brideliifolia Elmer
Malinoag
Diospyros caulifom Blurne
Apunan
Diospyros caulifom Blurne
Apunan
Diospyros poncei Merr.
Ponce kamagong
Diospyros poncei Merr.
Ponce kamagong
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
var. schadenbergii (Warb.) Sleum.
var. schadenbergii (Warb.) Sleum.
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang
391
HYPERICACEAE
ISOETACEAE
LAURACEAE
LEGUMINOSAE
392
393
394
Abiking-tigas
Tibagan
Ugang
Staghorn fern
Giant staghorn fern
Malaboo
Uruy
Bo-o
Paluay mabolo
Tango
Kabuyok
Kasau-kasau
Palawanalahan
Angset
Alahan-sinima
Bagauak-morado
Philippine teak
3. Failure to Comply
Standards
FAMILYwith
NAME
ANACARDIACEAE
APOCYNACEAE
SCIENTIFIC NAME
COMMON NAME
Manghm odorata Griff.
Huani
Kibatalia puberula Merr.
Paslit-mabolo
Kibatalia stenopetala Merr.
Paslit-kitid
ARACEAE
Alocasia sanderiana W. BulI.
4. Fishing in overexploited or fishery management
areas
ARALIACEAE
Schemera
agamae Merr.
Agama galamay-amo
Scheflep albido-brecteata Elmer
Makinging
Schefflera curanii Merr.
Curran galamay-amo
Schefflera palawanensis Merr.
Palawan galamay-amo
ASCLEPIADACEAE
Hoya alagensis Kloppenburg
Hoya angustisepala Burton
Hoya burtoniae Kloppenburg
Hoya crasssicaulis (Elmer) Kloppenburg
5. Fishing without license or necessary permits or not complying with documentary requirements
Hoya el-nidkus Kloppenburg
Hoya gigantanganensis Kloppenburg
Hoya greenii Kloppenburg
Hoya halconensis Kloppenburg
Hoya heuschkeliana Kloppenburg
Hoya panchoi Kloppenburg
6. Intrusion of licensed and unlicensed commercial
fishers in Elmer
municipal waters
Hoya pulgarensis
Hoya quinguinervia Warb.
Hoya guisumbingii Kloppenburg
rizaliana
Kloppenbuqj
7. Marketing and buying illegally-caught fishHoya
& fishery
species
Hoya wayetii Kloppenburg
CENTROLEPIDACEAE
Centrolepis phillpplnensis Merr.
COMBRETACEAE
Terminalia darlingii Merr.
Malaputat
CYATHEACEAE
Cyathea acuminata Copel.
Tree fern
Cyathea apoensis Copel.
Tree fern
Cyathea atropurpurea Copel.
Tree fern
Cyathea binuangensis Alderw.
Tree fern
Cyathea callosa Christ
Tree fern
395
396
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Curran pitogo
Pitogong dagat
Pitogo
Palawan pitogo
Culion pitogo
Mindanao palosapis
Basilan apitong
Hairy-leafed apitong
Yakal saplungan
Tiaong
Itom-itom
O-oi
Bolong-eta
Anang
Ausip
Biliran lipstick plant
Pulag carpet grass
Oro kalingag
397
MYRISTICACEAE
398
Ridsdale tambalau
Ridsdale duguan
Taba
Sierra Madre mangkono
Palawan mangkono
Mangkono
Kondo Pitcher plant
Burke Pitcher plant
Macfarlane Pitcher plant
Globamphora Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Adders tongue
-
Sweet
Phalaenopsis intermedia Lindl.
3. Failure to Comply with Standards
Phalaenopsis leucorrhoda Reichb. f.
Phalaenopsis lindenii Loher
Phalaenopsis lueddemanniana Reichb. f.
Phalaenopsls pallens (Lindl.) Reichb. f.
Phalaenopsis portei Reichb. f
4. Fishing in overexploited or fishery management
areas pulchra (Reichb. f.) Sweet
Phalaenopsis
Phalaenopsls reichenbachiana Reichb. f.
& Sander
Phalaenopsis sanderiana Reichb. f
Phalaenopsis schilleriana Reichb. f.
Phalaenopsis schiller-stuartiana Rolfe
Phalaenopsis stuartiana Reichb. f.
Phalaenopsis
veitchiana
Reichb.
f.
5. Fishing without license or necessary permits or not complying with documentary requirements
Phalaenopsis virataii Quisum b.
Vanda javierae Tiu ex Fessel & Leukel
Vanda scandens Holltum
Vanda luzonica Loher ex Rolfe
Vanda merrilli Ames & Quisumb.
Vandopsis davisii Ames & Quisumb.
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
Vandopsis
kupperiana
Kraenzl.
Vandopsis leytensis Ames
PALMAE
Adonidia merillii (Becc.) Becc.
Manila Palm
camarinensis
Mono
7. Marketing and buying illegally-caught fishAreca
& fishery
species Becc.
Calamus balerensis Fernando
Malatandurang parang
Heterospathe brevicaulis Fernando
Marighoi-baba
Oncosperma platyphyllum Becc.
Anibong
Pinanga glaucifolia Fernando
Abiking-puti
Pinanga sobolifera Fernando
Salacca clemensiana Becc.
Lakaubi
PODOCARPACEAE
Podocarpus costalis C. Presl
Igem-dagat
Podocarpus lophatus de Laubenf.
Igem-pugot
399
400
Palawan igem
Igem-bilogan
Mahabac
Ant fern
Ant fern
Gupit
Bakad pula
Kubili
Alupag lalaki
Alupag amo
Tamaho
Pasi
Alahan-puti
Ulas
Uyos
Alupag
Betis-bundok
Pianga
Betis
Malabetis
Linatog
TECTARIACEAE
Molave/Molawin
Dainsuli
4. Fishing
overexploited
or fishery management areas
Category
C. in
Vulnerable
Species
FAMILY NAME
ACTlNlDlACEAE
ADIANTACEAE
SCIENTIFIC NAME
COMMON NAME
Saurauia bontocensis Merr.
Dagwey
Adiantum cupreum Copel.
Coppery maidenhair fern
Adiantum mindanaense Copel.
Mindanao maidenhair fern
Adiantum scabripes Copel.
Rough maidenhair fern
Doryopteris
cuspidata
Copel.
5. Fishing without license or necessary permits or not complying with documentary requirements
ALANGIACEAE
Alangium longiflorum Merr.
Malatapay
ANACARDIACEAE
Dracontomelon dao (Blanco) Merr. & Rolfe
Dao
Dracontomelon edule (Blanco) Skeels
Lamio
Koordersiodendron pinnatum (Blanco)
Amugis
Merr.
Mangifera affissima Blanco
Pahutan
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
Mangifera
merrillii
Mukherji waters
Pahong-liitan
Mangifera monandra Merr.
Malapaho
Semecarpus paucinervius Merr.
Ligas-ilanan
ANNONACEAE
scandens Elmer
Kalabuyo
7. Marketing and buying illegally-caught fish Dasymaschalon
& fishery species
Mitrephora caudata Merr.
Lanutan-buntolan
Mitrephora fragrans Merr.
Lanutan-banguhan
Mitrephora lanotan (Blanco) Merr.
Lanotan
Orophea creaghii (Ridley) Leonardia &
Tabingalang
Kessler
Orophea cumingiana Vldal
Mapatak
Polyalthia elmeri Merr.
Bangar
Polyalthia palawanensis Merr.
Palawan-lanutan
401
APOCYNACEAE
402
Elmer pasnit
Merrill pasnit
Sakang-manok
Palawan kalasan
Badlang
Higin
Palawan almaciga
Almaciga
Pugad-lawin
Dahu
Palawan surag
Bongoran
Dalinsoi
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Katmon-kalabau
-
DIPTEROCARPACEAE
403
404
405
406
Palawan palak
Katudai
Bungag
Sigidago
Sibuyan ant plant
Burebid
Otto
Salai
Red nato/ nato
Pinulog
Malak-malak
Villamil nato/ White nato
Bagab
-
Parapat
Banai
SCIENTIFIC NAME
COMMON NAME
Canarium luzonicum (Blume) A.Gray
Piling-liitan
Canarium ovatum Engl.
Pili
Protium connarifolium (Perkins) Merr.
Marangub
DILLENIACEAE
Dillenia fischeri Merr.
Fischer Katmon
Dillenia luzoniensis (Vidal) Martelli ex
Malakatmon
5. Fishing without license or necessary permits
or not
complying with documentary requirements
Durand
& Jackson
ELAEOCARPACEAE
Elaeocarpus dinagatensis Merr.
Dinagat-konakan
Elaeocarpus gigantifolius Elmer
Nabol
EUPHORBIACEAE
Antidesma obliquinervium Merr.
Aniam
Antidesma subolivaceum Elmer
Aniam-Gubat
Drypetes palawanensis Pax & Hoffm.
Tombong-uak
Macaranga
congestiflora
Merr.waters
Amublit
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
FAGACEAE
Lithocarpus luzoniensis (Merr.) Rehd.
Kilog
Lithocarpus ovalis (Blanco) Rehd.
Mangasiriki
FLACOURTIACEAE
Hydnocarpus alcalae C DC
Dudua
7. Marketing and buying illegally-caught fishXylosma
& fishery
species
palawanense
Mendoza
Mansalay
GESNERIACEAE
Monophyllaea longipes Kraenzl .
North luzon one-leafed plant
Monophyllaea merrilliana Kraenzl.
Sabongaiahon
LABIATAE
Plectranthus apoensis (Elmer) H Keng
Kalalapo-bulan
Plectranthus merrilii H Keng
Bungbungtit
LAURACEAE
Cinnamomum iners Reinw. ex Blume
Clove cinnamon
Eusideroxylon zwageri Teysm. & Binn.
Tambulian (Borneo iron wood)
Persea philippinensis (Merr.) Elmer
Kulilisiau
LEGUM INOSAE
Adenanthera intermedia Merr.
Tanglin
407
408
Gugo
Baloktot
Butad
Alamag
Manabiog
Malasantol
Duhao
Libago
Basilan duguan
Duguan
Roman tagpo
Tigang-liitan
Sambulanan
Magadhan
Amtuk
Lakangan
Salakadan
Lauig-lauigan
Kalogkog-dagat
Olango
Cacam-cam
Lumuluas
Balakat
Kanumog
Kuyaob
Pauikan
Tukong
Kaninging
Balakbakan
Lapnai
Agbab
5. Fishing without license or necessary permits or not complying with documentary requirements
409
AnnexAnnex
Annex
9.Annex
List9.9.
ofList
9.List
Hazardous
List
of
ofof
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
in
Wastes
DENR
ininin
DENR
DENR
Administrative
DENR
Administrative
Administrative
Administrative
OrderOrder
04-36
Order
Order
04-36
04-36
04-36
CLASSIFICATION
CLASSIFICATION
CLASSIFICATION
OF
OFOF
HAZARDOUS
HAZARDOUS
HAZARDOUS
WASTES
WASTES
CLASSIFICATION
OF HAZARDOUS
WASTESWASTES
Table
Table
Table
2.1
2.12.1
presents
presents
presents
the
thethe
Classification
Classification
Classification
ofofPrescribed
of
Prescribed
Prescribed
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
while
while
while
Table
Table
Table
2.2
2.22.2
presents
presents
presents
the
thethe
exempted
exempted
exempted
wastes
wastes
wastes
Table 2.1
presents
the
Classification
of Prescribed
Hazardous
Wastes
while
Table
2.2
presents
the
exempted
wastes
under
under
under
this
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Should
Should
Should
there
there
be
be
be
other
other
other
wastes
wastes
wastes
not
listed
listed
listed
in
in both
inboth
both
tables,
tables,
tables,
the
thethe
results
results
results
ofof the
ofthethe
toxicity
toxicity
toxicity
under this
Procedural
Manual. Manual.
Should
there
bethere
other
wastes
not
listednot
innot
both
tables,
the
results
of
the
toxicity
characteristics
characteristics
leaching
leaching
leaching
procedure
procedure
procedure
(TCLP)
(TCLP)
(TCLP)
shall
shall
be
beused
be
used
used
inindetermining
in
determining
determining
whether
whether
thethe
said
said
said
wastes
wastes
wastes
are
areare
hazardous
hazardous
hazardous
and
and
and
characteristics
leaching
procedure
(TCLP)
shall
be shall
used
in
determining
whether whether
the
said the
wastes
are
hazardous
and
B. Failure
tocharacteristics
Comply
with Report
Requirements
covered
covered
by
bythis
by
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Manual.
covered covered
by
this
Procedural
Manual.
Table
Table
2.1
2.12.1
Classification
Classification
Classification
ofofHazardous
of
Hazardous
Hazardous
Wastes
Wastes
Wastes
Table 2.1Table
Classification
of Hazardous
Wastes
Class
Class
Class Class
Description
Description
Description
Description
Waste
Waste
Waste Waste
Number
Number
Number Number
C. Illegal
Fishing
Activities
and
Dealing in Illegally-Caught Fish or Fishery Products
A: Wastes
A:A:
with
Wastes
A:
Wastes
Wastes
Cyanide
with
with
with
Cyanide
Cyanide
Cyanide
Wastes with
Wastes
Wastes
Wastes
cyanide
with
with
with
cyanide
cyanide
cyanide
Waste containing
Waste
Waste
Waste
containing
containing
cyanide
containing
with
cyanide
cyanide
cyanide
concentration
with
with
with
concentration
concentration
concentration
> 70 mg/L
>>70
in70
>liquid
mg/L
70
mg/L
mg/L
ininliquid
liquid
in liquid A101
1. Capture of breeders, spawners, eggs or
fry Refer
waste.
waste.
waste.
waste.
to CCO.
Refer
Refer
Refer
totoCCO.
to
CCO.
CCO.
A101
A101
A101
B: Acid Wastes
B:B:Acid
B:
Acid
Acid
Wastes
Wastes
Wastes
Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
acid
acid
acid
Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid
acid
acid
acid
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
2. Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
Nitric acidNitric
Nitric
Nitric
acid
acid
acid
Nitric acidNitric
Nitric
with
Nitric
acid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B201
B201
B201
B201
B202
B202
B202
B202
B203
B203
B203
B203
Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
acid
acid
acid
Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B204
B204
B204
B204
Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid
acid
acid
acid
Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B205
B205
B205
B205
Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid
Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
hydrochloric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid
with pH <with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B206
B206
B206
B206
Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
acid
acid
acid
Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B207
B207
B207
B207
Organic acid
Organic
Organic
Organic
acid
acid
acid
Organic acid
Organic
Organic
Organic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B208
B208
B208
B208
410
B299
C301
Potash
Potash with pH > 12.5
4. Fishing
in overexploited or fishery Alkaline
management
areas
Alkaline
cleaners
cleaners
with pH > 12.5
C302
Ammonium hydroxide
C304
C303
Lime slurries
C305
C399
D:
Wastes with
Inorganic
Chemicals
5. Fishing
without
license
or necessary permits or not complying with documentary requirements
Selenium and its
Includes all wastes with a total Se
compounds
concentration > 1 mg/L based on analysis of an extract
Arsenic and its
Includes all wastes with a total As
compounds
concentration > 1 mg/L based on analysis of an extract
Barium and its
Includes all wastes with a total Ba concentration > 70 mg/L
compounds
based
on analysis
of an in
extract
6. Intrusion of licensed and unlicensed
commercial
fishers
municipal waters
Cadmium and its
Includes all wastes with a total Cd
compounds
concentration > 5 mg/L based on analysis of an extract
Chromium compounds
Includes all wastes with a total Cr
7. Marketing and buying illegally-caught
fish & fishery
species
concentration
> 5 mg/L
based on analysis of an extract
Lead compounds
Includes all wastes with a total Pb
concentration > 1 mg/L based on analysis of an extract
Mercury and mercury
Includes all wastes with a total Hg
compounds
concentration > 0.1 mg/L based on analysis of an extract.
These also includes organomercury compounds. Refer to
CCO.
Fluoride and its
Includes all wastes with a total F
compounds
concentration > 100 mg/L based on analysis of an extract
411
D401
D402
D403
D404
D405
D406
D407
D408
E501
412
E502
E503
Pressure of 1 atm.
Highly reactive
Includes all other wastes that exhibit any
3. Failure to Comply with Standards of the properties described for D501, D502, and D503.
chemicals
F: Inks/Dyes/Pigments/Paint/ Resins/Latex/Adhesives/Organic Sludge
Solvent based
Includes all solvent based wastes that also meet one or more of
the sub- categories
Inorganic pigments
Includes all wastewater treatment sludge
the production
4. Fishing in overexploited or fishery from
management
areasof inorganic pigments
Ink formulation
Includes all solvent washings and sludge,
caustic washings and sludge or wastewater and sludge from cleaning
of tubs and equipment used in the formulation of ink from pigments,
driers, soaps, and stabilizers containing Chromium and Lead.
G: Waste Organic Solvent
Halogenated organic
Includes the ff. spent halogenated
solvents
solvents:
5. Fishing without license or necessary
permits or not complying
with documentary
Tetrachloroethylene,
trichlororethylene,
methylene requirements
chloride, 1,1,1,
Trichloroethane, carbon tetrachloride,
chlorobenzene, 1,2,2 Trichloroethane, chlorinated flouro-carbons if they
contain a total of 10% or more (by volume) of one or more of the above
before use; it also includes all still bottoms from recovery of these
solvents and solvent mixtures
Non-halogenated
organicand
solvents
Includes
the ff. non-halogenated
solvents:
Xylene, acetone, ethyl
6. Intrusion of licensed
unlicensed
commercial
fishers in municipal
waters
acetate, ethyl
benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanol, methanol, cresol, cresylic acid, nitro- benzene, toluene,
7. Marketing and buying illegally-caught
fishdisulfide,
& fisheryisospecies
Carbon
butanol, pyridine, benzene, 2-ethoxy ethanol and 2 nitropropane and
other non-halogenated organic solvents if they contain a total of 10% or
more (by volume) of one or more of these solvents before use; it also
includes all still bottoms from recovery of these solvents and solvent
mixtures
H: Putrescible/Organic Wastes
Grease trap wastes
Includes all establishments that generate
from industrial or commercial
grease trap waste
413
E599
F602
F603
F610
G703
G704
H802
premises
I: Oil
Waste oils
J: Containers
Containers previously containing
toxic chemical substances
414
I101
J201
K301
K302
K303
L401
L402
L406
M: Miscellaneous Wastes
Pathological or
Includes medical wastes from hospitals,
3. Failurewastes
to Comply with Standards medical centers and clinics containing pathological, pathogenic
infectious
and infectious wastes, sharps, and others
Asbestos wastes
Wastes containing friable asbestos. Waste blue and brown
asbestos fibers. Refer to CCO.
Pharmaceuticals and
Expired pharmaceuticals and drugs
drugs
at producers
4. Fishing in overexploited or fishery stocked
management
areas and retailers facilities which contain hazardous
constituents harmful to the environment such as antibiotics,
veterinary and phytopharmaceuticals and others
Pesticides
Waste pesticides other than M505.
Includes all wastewater sludge with hazardous constituents from
production of pesticides other than those listed in M505.
Persistent Organic
Waste pesticides listed in the Stockholm
Pollutants (POPs)
Convention (POPs Convention) such as aldrin, chlordane, dieldrin,
5. Fishing without license or necessary
permits
or not complying
with documentary
requirements
pesticides
endrin,
heptachlor,
hexachlorobenzene,
mirex,
toxaphene, and DDT.
Waste from electrical and electronic
Waste from electrical and electronic equipment that contain hazardous
equipment (WEEE)
components such as lead, cadmium, mercury, hexavalent chromium,
polybrominated biphenyls and polybrominated diphenyl ethers
Special Wastes
Household hazardous wastes such as paints,
thinners,
household
batteries,
lead-acid
6. Intrusion of licensed and unlicensed
commercial
fishers
in municipal
waters
batteries, spray canisters and the like that are consolidated by Material
Recovery Facilities (MRF).
These
wastes
from residential and commercial sources that
7. Marketing and buying illegally-caught
fishinclude
& fishery
species
comprise of bulky wastes, consumer electronics, white goods, yard
wastes that are collected separately, batteries, oil, and tires.
415
M501
M502
M503
M504
M505
M506
M507
B. Failure
Report
wastesto
asComply
identifiedwith
in Table
2.1Requirements
Materials from building demolition except asbestos
Septic tank effluents and associated sullage wastewaters
Untreated spoils from mining, quarrying and excavation works but not
materials in the nature of tailings, commercially treated materials and mine facility consumables
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
416
417
Benguet
PENRO, Benguet
Nursery Compound, Pacdal,
Baguio City
B. Failure to Comply with Report Requirements
CENRO, Baguio City
FMS, NRD-1-13, Pacdal,
B.C.
CENRO, Buguias
Abatan, Buguias, Benguet
CENRO, La Trinidad
Wangal, La Trinidad, Benguet
0919-4636933
(074) 442-7446
(074) 442-7316
(074) 442 - 8316
(074) 442 - 2686
Ifugao
PENRO, Ifugao
Bannit, Payawan, Lamut, Ifugao
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
CENRO, Alfonso Lista
Alfonso Lista, Ifugao
CENRO, Lamut
Bannit, Payawan, Lamut, Ifugao
1. Capture of breeders, spawners, eggs or fry
Kalinga
PENRO, Kalinga
CENRO, Pinukpuk
CENRO, Tabuk
Mountain Province
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO, Mountain Province
Bontoc, Mountain Province
CENRO, Paracelis
Paracelis, Mountain Province
CENRO, Sabangan
Sabangan, Mountain Province
Regional Office/Position
Regional Executive Director
418
(074) 606-8094
(074) 462-41-30
(074) 606 8094
Contact Number/Email Address
(072) 700-5952
Fax No. (072) 888-3833
419
722-21-53 / 722-3587 |
(072) 242-10-38 | 242-3780
888-27-93/242-7858
Batanes
PENRO, Batanes
Basco, Batanes
(02) 533-34-42/533-34-56
Fax No. (02) 535-48-51
420
Cagayan
PENRO, Cagayan
Tuguegarao City, Cagayan
3. Failure to Comply with Standards
CENRO, Alcala
CENRO, Aparri
Alcala, Cagayan
Aparri, Cagayan
4. Fishing
in overexploited
or fisherySanchez
management
areas
CENRO
Sanchez
Mira
Mira, Cagayan
CENRO, Solana
Solana, Cagayan
CENRO, Tuguegarao
Peablanca, Cagayan
Isabela
PENRO, Isabela
Ilagan, Isabela
Quirino
PENRO, Quirino
Diffun, Quirino
(078) 846-75-03/846-71-77
Fax No.746-7434
0916-522-91-25
888-2112
0918-7343805
SO-2007-50
0917-927-01-82
0920-451-49-21
844-4933
(078) 652-22-03
Fax No. 622-3936
CENRO, Cabagan
Garita, Cabagan, Isabela
078-6363089
5. Fishing without license or necessary permits or not complying with documentary requirements
CENRO, Cauayan
Silawit, Cauayan, Isabela
078-652-2203
CENRO, Naguillan
Naguillan, Isabela
CENRO, Palanan
Palanan, Isabela
0917-820-15-13
CENRO, Roxas
Roxas, Isabela
078) 642-8256
0918-377-37-75
CENRO, San Isidro
San Isidro, Isabela
0919-47 6-93-81
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Nueva Vizcaya
PENRO, Nueva Vizcaya
Bayombong, Nueva Vizcaya
(078) 321-20-84/321-4041
09206098318
7. Marketing and buying illegally-caught fish & fishery species
CENRO, Aritao
Aritao, Nueva Vizcaya
(078) 322-11-75
09275909294
CENRO, Bayombong
Bayombong, Nueva Vizcaya
09192298118
CENRO, Dupax
Dupax del Sur, Nueva Vizcaya
(078) 326-6882
09065882537
078-6947084
421
CENRO, Nagtipunan
09287341168
862-6402
09163419003
Nagtipunan, Quirino
Aurora
PENRO, Aurora
CENRO, Casiguran
CENRO, Dingalan
CENRO, Baler Aurora
Baler, Aurora
Casiguran, Aurora
Dingalan, Aurora
Ma. Aurora, Aurora
(042) 209-9212
(042)540-29-33
(042)540-3311
Bataan
422
Bulacan
PENRO, Bulacan
McArthur Hi-way, Guinhawa,
4. Fishing in overexploited or fisheryMalolos,
management
Bulacanareas
CENRO, GuiguintoTabang
Tabang, Guiguinto, Bulacan
CENRO, San Rafael
(047) 237-3550
0916-432-3765
(047) 237-66-39
(044) 662-04-34
(044) 794-0152
09205267118
(044)766-59-82
Nueva Ecija
PENRO, Nueva Ecija
(045) 455-0236
(045) 961-1853
(045) 982-8486
(045)982-6377
(045)934-1502
(047) 821-1294
0917-427-2582
423
(047) 224-2669
424
Laguna
(043) 723-43-99
723-4084
(243)-223-7027
(046) 419-24-74
(046)419-11-01
Laguna
PENRO, Laguna
CENRO, Los Baos
(049) 249-54-75/248-51-10
(049) 249-54-75
5. Fishing without license or necessary permits or not complying with documentary requirements
Quezon
PENRO, Quezon
Lucena City, Quezon
CENRO, Calauag
Calauag, Quezon
CENRO, Catanauan
Catanauan, Quezon
CENRO, Gumaca
Gumaca, Quezon
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
CENRO, Pagbilao
Pagbilao, Quezon
CENRO, Real
Real, Quezon
Region 4B - MIMAROPA
Address
1514 L&S Bldg., Roxas Blvd.,
Manila
425
(042) 373-5524/710-3133
(042) 301-70-84
(042) 447-1492
(042)710-28-15
(042)331-11-76/(042)536-62-93
631-41-30/631-85-75
1870; 630-68-17/6972116
Marinduque
PENRO, Marinduque
Boac, Marinduque
C. Illegal
Fishing
CENRO,
Boac Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture
of breeders,
Occidental
Mindoro spawners, eggs or fry
PENRO, Occidental Mindoro
CENRO, Mamburao
CENRO, Sablayan
CENRO, San Jose
Oriental Mindoro
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO, Oriental Mindoro
Calapan, Oriental Mindoro
CENRO, Calapan
Calapan, Oriental Mindoro
CENRO, Roxas
Roxas, Oriental Mindoro
CENRO, Socorro
Soccoro, Oriental Mindoro
Palawan
PENRO, Palawan
CENRO, Brooke`s Point
521-20-64
521-20-64
405-00-47
405-00-46
405-00-45
405-00-45
(043) 711-5207
(043)711-1694
(043)491-16-83
(043) 288-3006 telefax / 288-3017
(043) 288-1550
426
CENRO, Coron
Coron, Palawan
(048) 433-7359
CENRO, Narra
Narra, Palawan
3. Failure
to Comply
with StandardsCFI Compound, Puerto Princesa
CENRO,
Puerto
Princesa
(048)434-45-08
City
CENRO, Quezon
Quezon, Palawan
CENRO, Roxas
Roxas, Palawan
(048)550-91-18
CENRO, Taytay
Taytay, Palawan
4. Fishing in overexploited or fishery management areas
Region 5 - Bicol Region
Regional Office/Position
Address
Contact Number/Email Address
Regional Executive Director
Regional Center Cite, Rizal St.,
(052) 482-0691/4820697
Rawis, Legazpi City
Fax No. 052-963-46-48
Regional Director for Mines
DENR-MGS, Legaspi
(52) 4834958/8242014
Regional Director forEnvironment
Regional Center Site, Rawis
(052) 8205065 (052) 4820197
Legazpi City
5. Fishing without license or necessary permits or not complying with documentary requirements
RTD for Forest Management
Management Service Regional
(052) 482-0693
Service
Center Site, Rawis, Legazpi City
09216986567
RTD for Land Management Service
DENR V-LMS, Sagpon, Legaspi
(052) 481-1542
City
Fax No. 09153163235
RTD for Ecosystems Research and
DENR V-ERDS, Kalikasan Park,
(052) 481-5269
Development Service
Legaspi City
0927-932-71-02
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Albay
PENRO, Albay
Lapu-Lapu St., Legazpi City
7. Marketing and buying illegally-caught fish & fishery species
(052) 480-7295
Fax No. 214-3917
(052)4807396
CENRO, Guinobatan
(0919-2717726)
(054) 721-18-28
Camarines Norte
PENRO, Camarines Norte
427
CENRO, Daet
(054) 721-1696
0916-4414641
Camarines Sur
PENRO, Camarines Sur
Catanduanes
PENRO, Catanduanes
Masbate, Masbate
Mobo, Masbate
Sorsogon
PENRO, Sorsogon
Sorsogon, Sorsogon
428
(054)8113727
Fax No. 4728252
(054) 456-09-01
(054) 811-3729
0919-3140295
(054) 256-6134
0919-6217436
(054) 453-13-83
Fax No. (052) 811-1015
09186139802
Fax No. (052) 811-1015
0919-271-77-26
(056) 333-339
0917-4289648
(056) 211-1992
0916-3333009
(056) 533-61-04
0916-5074758
09165074758
(056) 2111461
Fax No. 4215545
(056) 211-79-61
0918-5580967
Antique
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
PENRO, Antique
Binirayan Hills, San Jose, Antique
CENRO, Culasi
Cadiao St., Culasi, Antique
Capiz
PENRO, Capiz
429
(036) 268-4160/268-4102
(036) 268-3849 / 268-4160
(036) 268-4160/268-4102
(036) 268-4160 | SO-2007-59
(036) 288-6000
288-8125
288-8439
(036) 2683849
268-4160 | SO-2007-59
(036) 621-0015/621-2685
09196215524
(036) 647-0399
Guimaras
PENRO, Guimaras
Iloilo City
PENRO, Iloilo City
CENRO,
Barangay Tabucon, Barotac
B. Failure
toBarotac
ComplyNuevo
with Report Requirements
Nuevo
CENRO, Iloilo City
Queen City Garden Mall, J. De
Leon St. Iloilo City
CENRO, Sara
CASTOR ST. , Sara, Iloilo
Negros Occidental
PENRO, Negros Occidental
Bacolod City
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
CENRO, Bacolod City
Cascuela Bldg., Gatuslao St.,
1. Capture of breeders, spawners, eggs Bacolod
or fry City
CENRO, Cadiz City
Lim Eng C. OngBldg, Gustilo St.,
Cadiz City
OIC - CENRO, Kabankalan City
ZaycoSubd., Kabankalan City,
Negros Occ.
CENRO, Sipalay
A. Alvarez St., Silay City
0919-839-9774
(033) 336-9542
338-0690
(033) 361-2422 / 361-2778
0919-8519685
(033) 337-4746 / 337-3292
(033) 392-0002
(034)26212/(034)20884
09106476638
(034) 709-5689 / 708-5637
(034)493-0088
0918-9275940
(034) 746-7722 / 471-2750
0919-4653486
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Region 7 - Central Visayas
Regional Office/Position
Address
Contact Number/Email Address
Regional Executive Director
GreenplainsSubd., Banilad,
(032) 346-9612/346-06-61
Mandaue City
Fax No. 346-22-25 r e d d e n r 7 @ c v i s . n e t
Regional Director for Environment
GreenplainsSubd., Banilad,
346-16-47/346-94-26
Mandaue City
Regional Director for Mines
Greenplains Subdivision, Banilad,
032-346-2273
Mandaue City
430
(032) 346-1002
0917-3248569; r t d f m s d e n r 7 @ y a h o o . c o m
346-2209
09189221770
rtdlmsdenr7@yahoo.com
346-2103 (032) 346-2209
0917-3248040
(032) 346-2209
0917-3248040
rtdpawsdenr7@yahoo.com
Bohol
PENRO, Bohol
7. Marketing
and
buying illegally-caught
fish
& fishery species
CENRO,
Toledo
City
Toledo
City
Negros Oriental
PENRO, Negors Oriental
CENRO, Ayungon
CENRO, Dumaguete City
Siquijor
431
032-4166227 | SO-2007-796
(032) 367-7451 / 367-7193
429-9341/429-9392
(032) 416-6926
416-6212
467-9186
035) 225-3769
(035) 225-0660
PENRO, Siquijor
Regional Office/Position
Regional Executive Director
CENRO Albuera
CENRO Baybay
(053) 500-96-15
EASTERN SAMAR
PENRO Eastern Samar
Borongan, Eastern Samar
CENRO Borongan
Borongan, Eastern
2. Construction
and Operation of Fish Corrals/Traps,
Fish Samar
Pens and Fish Cages
CENRO-Dolores
Dolores, Eastern Samar thru radio
SSB
LEYTE
PENRO Leyte
366-2029
432
(055) 261-21-59
(055) 261-20-73
(053) 325-7485
(053) 562 92-86/562-92-86
NORTHERN SAMAR
3. Failure
to Comply
with StandardsUEP Compound, Catarman, N.
PENRO
Northern
Samar
Samar
CENRO, Catarman
Catarman, Northern Samar, thru
radio SSB
CENRO, Pambujan
Pambujan, Northern Samar thru
SSB
4. Fishing in overexploited or fisheryradio
management
areas
SOUTHERN LEYTE
PENRO Southern Leyte
CENRO, Maasin City, Southern
Leyte
CENRO, San Juan
(055) 196-30-57
(055) 381-21-25
(056) 211-1992
0916-3333009
Mobo, Masbate
WESTERN SAMAR
PENRO Western Samar
Catbalogan, Samar
433
(053) 356-1424
0919629-6534
(055) 276-11-51
(055) 356-13-41
Contact Number/Email Address
(062) 992-17-38
Fax No. 991-14-24
(062) 992-6548
992-6547
(062) 991-9012
Fax No. 991-9012
(062) 992-2194
992-2086
ZAMBOANGA
CITY
B. Failure
to Comply
with Report Requirements
PENRO Zamboanga City
CENRO, Zamboanga City - West
Lantawan, Pasonanca,
Zamboanga City
CENRO, Zamboanga City - East
Sangali, Zamboanga City
ZAMBOANGA DEL NORTE
PENRO Zamboanga del Norte
Sta. Isabel, Dipolog City,
C. Illegal Fishing Activities and Dealing Zamboanga
in Illegally-Caught
Fish or Fishery Products
del Norte
ZAMBOANGA
DEL
SUR
2. Construction
and
Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO Zamboanga Del Sur
Pajares Avenue, Pagadian City
CENRO, Guipos
CENRO, Pagadian City
ZAMBOANGA - SIBUGAY
PENRO, Sibugay
CENRO, Buug
434
(062) 991-2149
(062) 991-1076
991-2149
(062) 985 -0445
0920-526-9432
(062) 991-9672
(062) 212-3200
212-5505
(065) 213-6875
Fax No. 212-5505
(065) 212-2767
Fax No. 212-5505
(062)214-1455
Fax No. 215-3019
(062) 215-3019
(062) 214-2483
(062) 333-5479
CENRO, Ipil
(062) 333-5479
Contact Number/Email Address
(088) 726280
Fax No. 72-62-80
(088) 72-62-43
088-72-7874
DENR-X-B300 Malaybalay,
Bukidnon
CENRO,
Donof
Carlos
Doncommercial
Carlos, Bukidnon
6. Intrusion
licensed and unlicensed
fishers in municipal waters
CENRO, Malaybalay
Malaybalay Bukidnon
CENRO, Manolo Fortich
Manolo Fortich, Bukidnon
CENRO, Talakag
Talakag, Bukidnon
7. Marketing and buying illegally-caught fish & fishery species
CENRO, Pangantucan
Pangantucan, Bukidnon
CAMIGUIN
PENRO, Camiguin
PENRO, Lanao Del Norte
CENRO Iligan City
DENR-XB400 Mambajao,
Camiguin
DENR-X Tubod, Lanao del Norte
Rosary Heights, Iligan City
435
(088) 221-31-01
(088) 813-3306
(088) 387-0040
(063) 341-5201
(063) 221-28-23
MISAMIS OCCIDENTAL
PENRO, Misamis Occidental
CENRO-Oroquieta
CENRO-Ozamis
MISAMIS ORIENTAL
PENRO, Misamiz Oriental
(088) 531-11-86
(088) 531-2003
(088) 521-1252
(088) 856-3895
855-2318
(088) 855-2347
09195109173
(088) 842-7421
09185342664
(082) 221-7064
225-3679
(082) 234-1867
(082) 234-4401
(084) 217-3635
436
CENRO, Panabo
Panabo, Davao del Norte
CENRO, Tagum City
Tagum City, Davao del Norte
3. Failure to Comply with Standards
(084) 628-4513
(084) 400-10-20
(082) 553-2009
(082) 297-2080
(082) 227-8143
(082) 553-3701
(082) 297-01-06
DAVAO ORIENTAL
PENRO, Davao Oriental
CENRO Baganga
437
(083)228-62-25
Fax No. 228-62-26
(083) 228-48-47
Street
Koronadal, South Cotabato
Regional Technical Director for
L2flr. Arcada de Infante Bldg.,
Forestry
Gen. Santos
Drive, Koronadal, South Cotabato
Regional Director for Mines
Luche Building, Gen. Santos Drive
Koronadal, South Cotabato
RTD for Land Management Service
Gen. Vicente Alvares, St.,
Zamboanga City
B. Failure to Comply with Report Requirements
RTD for Ecosystems Research and
2flr. Arcada de Infante Bldg., Gen.
Development Service
Santos
Drive, Koronadal, South Cotabato
(083) 228-61-30
(062) 991-2149
RTD for Protected Areas and Wildlife & Coastal Zone
Management Service
NORTH COTABATO
PENRO, Kidapawan
Quirino Drive, Kidapawan City
CENRO, Kidapawan
Quirino Drive, Kidapawan City
C. Illegal
Fishing
Activities and Dealing Remoquillo
in Illegally-Caught
Fish or
Fishery Products
CENRO,
Midsyap
Bldg., Burgos
Street
Midsayap, Cotabato
1. Capture of breeders, spawners, eggs or fry
SARANGGANI
PENRO, Saranggani
Alabel, Sarangani Province
CENRO, Glan
Glan, Sarangani Province
CENRO, Kiamba
Kiamba, Sarangani Province
SOUTH COTABATO
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO, South Cotabato
Aurora St., Koronadal, South
Cotobato
CENRO, General Santos City
Buayan, General Santos
CENRO, Surallah (Banga)
Surallah, South Cotabato
SULTAN KUDARAT
PENRO, Sultan Kudarat
CENRO, Kalamansig
438
(064) 201-3232
(064) 288-13-67
(064) 229-86-58
(083) 508-20-09
(082) 227-5891
(083) 228-35-02
(083) 555-07-93
(083) 238-37-37
(064) 288-14-12
(064) 200-45-94
(064) 421-75-79
7. Marketing
buying illegally-caught fish & fishery species
AGUSAN
DELand
NORTE
PENRO, Agusan Del Norte
J&M Bldg., F.Durano St., Butuan
City
CENRO, Butuan City / Naspit
Bading, Butuan City
CENRO, Cabadbaran
Cabadbaran, Agusan Del Norte
AGUSAN DEL SUR
PENRO, Agusan Del Sur
439
(085) 226-4367
(085) 342-5354
(085) 343-1728
(085) 343-7250
(085) 231-2610
(085) 839-22-22
0918-720-1238
(085) 839-11-96
0919-811-1670
DINAGAT ISLAND
PENRO, Dinagat Island
B. Failure to Comply with Report Requirements
SURIGAO DEL NORTE
PENRO, Surigao Del Norte
DENR, Brgy. San Juan, Surigao
City
CENRO, Dapa
Dapa, Surigao Del Norte
CENRO, Surigao City
San Juan, Surigao City, Surigao
Del Norte
(086) 231-76-32
(086) 211-30-35
(086) 853-30-88
0919-640-3702
CENRO, Bayugan
CENRO, Bunawan
CENRO, Loreto
CENRO, San Francisco
CENRO, Talacogon
0920-803-8314
(086) 826-1308
0919-309-0094
Address
Union Galva Steel Compound
Poro, San Fernando City, La Union
Government Center, Carig
3500 Tuguegarao City, Cagayan
Diosdado Macapagal Regional
Government Center,
Brgy. Maimpis 2000 City of San Fernando,
440
Pampanga
2/F Infrastructure Computer Center
(ICC) Bldg., NIA Complex, EDSA
1104 Diliman, Quezon City
Regional Fisheries Office No. IV-B
2nd and 3rd Flr. Concepcion Bldg. II
(MIMAROPA)
J.P. Rizal St. San Vicente, Calapan City,
Oriental Mindoro
Regional
Fisheries
Office No. or
V fishery management
San Agustin,
Pili
4. Fishing
in overexploited
areas
4418 Camarines Sur
Regional Fisheries Office VI
M.H. del Pilar St., Molo
5000 Iloilo City
Regional Fisheries Office No. VII
Arellano Boulevard, Pier Area
6000 Cebu City
Regional Fisheries Office No. IV-A
3. Failure to Comply with Standards
(CALABARZON)
(2)926-8714
http://region4a.bfar.da.gov.ph
(043) 288-1392
http://region4b.bfar.da.gov.ph
(54) 477-7365
http://region5.bfar.da.gov.ph
(33)337-0265
http://region6.bfar.da.gov.ph
(32)256-2772
Fax No.(32)256-2773
http://region7.bfar.da.gov.ph
Regional Fisheries Office No. VIII
CRM Center
(53) 321-1732
5. Fishing without license or necessary permits
or not complying with documentary requirements
Brgy. Diit
6500 Tacloban City
Philippines
Regional Fisheries Office No. IX
R.T. Lim Blvd.
(62) 991-8192
7000 Zamboanga City
http://region9.bfar.da.gov.ph
Regional Fisheries Office No. X
Julio Pacana St., Macabalan
(88) 856-9593
9000 Cagayan
de Oro
City
http://region10.bfar.da.gov.ph
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
Regional Fisheries Office No. XI
Ramon Magasaysay St.
(82)227-1532
8000 Davao City
http://region11.bfar.da.gov.ph
Regional Fisheries Office No. XII
Vensu Bldg., National Highway
(83)552-9331
7. Marketing and buying illegally-caught fish
fishery Santos
speciesCity
9500&General
http://region12.bfar.da.gov.ph
Regional Fisheries Office No. XIII-Caraga SC Building Montilla Boulevard,
(085)341-1379
Butuan City
http://region13.bfar.da.gov.ph
Autonomous Region of Muslim Mindanao
(ARMM)
(64)421-1248
http://bfar.armm.gov.ph
(74)443-6716
http://car.bfar.da.gov.ph
441
C. Philippine Coastguard
Regional Office/Position
Address
Coast Guard District North Eastern
Brgy. 9, Minanga, Aparri, Cagayan
Luzon (CGDNELZN)
Coast Guard District Northern
Poro Point, San Fernando City, La Union
Western Luzon (CGDNWLZN)
Coast Guard District National Capital
Muelle Dela Industria, Farola Compound
B. Failure
Comply
with (CGDNCRReport Requirements
Region to
- Central
Luzon
Binondo, Manila
CL)
Coast Guard District Eastern Visayas
Ebony St., Port Area, Ormoc City
(CGDEV)
Coast Guard District Western Visayas
Bo. Obrero, Iloilo City
(CGDWV)
Coast Guard District Southern
Sta. Clara, Batangas City
Tagalog (CGDSTL)
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Coast Guard District Central Visayas
Arellano Boulevard,Cebu City
(CGDCV)
1. Capture
of breeders,
spawners, eggs orCorrales
fry
Coast Guard
District Northern
Extn Macabalan, Cagayan De
Mindanao (CGDNM)
Oro
Coast Guard District South Eastern
KM -10 Sasa Wharf, Davao City
Mindanao (CGDSEM)
Coast Guard District South Western
Port Area, Zamboanga City
Mindanao (CGDSWM
Coast Guard District
BicoL (CGDBCL)
Naval Base Rawis,
Legaspi
2. Construction
and Operation
of Fish Corrals/Traps,
Fish Pens
and City
Fish Cages
Coast Guard District Palawan
(CGDPAL)
442
3. Failure
to Comply
with Standards
Regional
Office/Position
Address
Contact Number/Email Address
Camp Brigadier General Salipada K
(064) 425-0079
Pendatun, Parang, Maguindanao
proarmm@gmail.com
Philippines
CAR
Camp Juan Villamor, Abra PPO Provincial
(074) 422 - 5515
4. Fishing in overexploited or fishery management
areas
Headquarters
www.procor.pnp.gov.ph
Calaba, Bangued, Abra
REGION I
Camp Brigadier General Oscar M Floredo
(072) 700-0518
Parian, San Fernando, La Union
www.pro1.pnp.gov.ph
REGION II
Camp Marcelo A Adduru, Tuguegarao
(078) 844-6644
City, Cagayan
ropd_pro2@yahoo.com
REGION III
Camp Tomas J Pepito, Brgy. Sto.
888-6731
Domingo, Angeles City
5. Fishing without license or necessary permits or not complying with documentary requirements
REGION IV-A
Camp Vicente Lim, Calamba City, Laguna
(49)531-2290
pro4a@pnp.gov
REGION IV-B
Camp Efigenio C. Navarro, Calapan City,
(043) 288-1405
Oriental Mindoro
REGION V
Camp Ola, Legapi City
820-6440
REGION VI
Camp Martin Teofilo B. Delgado, Fort San
337-8182
Pedro Iloilo fishers
City
patriot3ropd6@yahoo.com
6. Intrusion of licensed and unlicensed commercial
in municipal waters
REGION VII
Camp Cabahug, Gorordo Ave, Cebu City
231-5802
pro7@pnp.gov.com /
pro7_ropd@yahoo.com
7. Marketing
& fishery
species
REGION
VIII and buying illegally-caught fish
Larazabal,
Naval,
Biliran
(53) 500-9399
ARMM
REGION IX
REGION X
REGION XI
REGION XII
REGION XIII
443
(65) 212-2155
(88) 813-4263
(84) 376-0566
(64) 221-4999
(85) 815-6027
E. Philippine Navy
Regional Office/Position
Navy Personnel Management Center
(NPMC)
Address
Procurement and Attrition Branch
Bonifacio Naval Station
Fort Bonifacio, Taguig City
Marines Recruitment Center
Marine Barracks Fort Bonifacio,
Bonifacio Naval Station, Taguig City
B. Naval
Failure
to Comply
with Report Requirements
Public
Affairs Office
Headquarters Philippine Navy,
Naval Station Jose Andrada,
#2335 Roxas Boulevard, Manila
Naval Station Jose Francisco
(formerly Bonifacio Naval Station)
Fort Bonifacio, Taguig City
headquarters Philippine Navy
Naval Station Jose V Andrada
#2335 Roxas Boulevard, Manila
Naval Reserve CENTER Southern
Naval Station Legaspi
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Luzon
Rawis, Legaspi City
Naval Forces Northern Luzon
Naval Detachment Bonuan
1. Capture of breeders, spawners, eggs or
fry
Bonuan
Gueset, Dagupan City
Naval Reserve CENTER Western
John B Lacson Foundation Maritime
Visayas
University
Arevalo, Iloilo City
Naval Reserve Center Eastern
Arevalo Boulevard
Visayas
Tinagu, Cebu City
Naval Reserveand
Center
West of Fish Corrals/Traps,
Camp Tiniguiban
2. Construction
Operation
Fish Pens and Fish Cages
Puerto Princesa City
Naval Reserve Center Western
Naval Station Zamboanga
Mindanao
Bagong Calarian, Zamboanga City
Naval Reserve Center Eastern
Naval Forces Eastern Mindanao
Mindanao
Panacan, Davao City
444
Index
3. Failure
to Comply
with Standards
Benthic
marine
life
Collection of endangered and protected benthic marine life, 32, 213, 272
Breeders
Capture of, 24, 60, 259
Chemicals (prohibited)
Transport,
dumping or
of prohibited chemicals,
30, 171, 284
4. Fishing
in overexploited
ordischarge
fishery management
areas
Clean Up
Failure to clean up pollution, 31,190,191
Commercial fishers
Intrusion of licensed and unlicensed commercial fishers in municipal waters, 25, 82, 262
Corals
Collection of endangered and protected corals, 32, 213, 215, 226, 269, 272
Cyanide
5. Fishing
license
or necessary
permits
Usewithout
of cyanide
in fishing,
26, 89, 264,
277 or not complying with documentary requirements
Deforestation, 26, 29, 100, 160, 269
Destructive fishing
Use of other forms of destructive fishing, 26, 89, 264
Discharge
Discharge of prohibited chemicals, substances or pollutants, 30, 171, 284
Illegal discharge of mine tailings, 31, 193, 271, 279
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Dolphins
Capturing and/or injuring endangered and protected marine species, including dolphins, 32, 221, 224
Dugongs
Capturing
and/or injuring
endangered
and
protected
marine species including dugongs, 44, 221, 273
7. Marketing
and buying
illegally-caught
fish
& fishery
species
Dumping
Dumping of prohibited chemicals, substances or pollutants, 29, 30, 31, 47, 149, 164, 170, 171, 183, 187, 198, 270, 284
Dynamite
Use of dynamite in fishing, 26, 89, 263, 264, 277
Endangered and protected marine species
Capturing endangered and protected marine species, 32, 221, 272
Injuring endangered and protected marine species, 32, 221, 272
445
446
447
Transport
Transport of prohibited chemicals, substances or pollutants, 30, 171, 284
Triton shells
Collection of endangered and protected triton shells, 32, 213, 272
Whales
Capturing and/or injuring endangered and protected marine species, including whales, 32, 221, 224, 279
Whale sharks
Capturing and/or injuring endangered and protected marine species, including whale sharks, 32, 221, 222, 279
Wildlife
B. Failure to Comply with Report Requirements
Trading wildlife in coastal and marine areas, 25, 86, 283
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
448
Endnotes
3. Failure to Comply with Standards
1. Environmental Management Bureau, Managing our Solid Waste: An Overview of the Ecological Solid Waste Management Act,
http://emb.gov.ph/eeid/ESWM.htm.
2. PD 1586, Section 2.
3. PD 1151, Section 4.
4. PD 979, Section 2.
5. RA 7942, Section 2.
6. RA 7586, Section 2.
5. Fishing without license or necessary permits or not complying with documentary requirements
7. Id., Section 3.
8. RA 9275, Section 3.
9 .Environmental Management Bureau, What You Should Know About the Clean Water Act, http://emb.gov.ph/eeid/cwa-english.htm.
10.
8550, Section
2.
6. RA
Intrusion
of licensed
and unlicensed commercial fishers in municipal waters
11. Id., Section 3.
12.
705 as amended.
7. PD
Marketing
and buying illegally-caught fish & fishery species
13. RA 7076, Section 2.
14. RA 6969, Section 2.
15. PD 1067, Article 2 (c).
16. RA 9147, Section 2 (a) & (b).
449
450
The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case
until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or
appealed to it;
(b) The accused shall appear before the proper court whenever required by the court or these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver
of his right
to be present
thereat. Inareas
such case, the trial may proceed in absentia; and
4. Fishing in overexploited
or fishery
management
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.
32. The Rules of Procedure for Environmental Cases, Rule 14, Section 2.
33. Ibid., Rule 15, Section 2.
34. Blacks Law Dictionary, West Publishing, St. Paul, Minn, 1979.
5. Fishing without license or necessary permits or not complying with documentary requirements
451
45. Constitution of the Republic of the Philippines, Article III, Section 11.
46. Republic Act 7438 is another law which defines the rights of the accused under custodial investigation. Its Section 2 provides:
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.
Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before
C. Illegal Fishing Activities and
Dealing
Illegally-Caught
Fish iforthe
Fishery
such
report isinsigned,
or thumbmarked
person Products
arrested or detained does not know how to read and write, it
shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the
investigating
officer
1. Capture of breeders, spawners,
eggs or
fry in the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or
2. Construction and Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages
under custodial investigation, shall be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fianc
or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
452
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with
an3.offense
heto
is Comply
suspected
to have
committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Failure
with
Standards
47. Constitution of the Republic of the Philippines, Art. III, Section 12.
48. Ibid., Section 13
Fishing
without
53.5.Ibid.,
Section
16. license or necessary permits or not complying with documentary requirements
54. People vs. Mahinay, GR # 122485, February 1, 1999.
55. People vs. Musa (217 SCRA 597) [1993].
56. People vs. CFI of Rizal, G.R. No. L-41686, November 17,1980, 101 SCRA 86. The Supreme Court said This Court had occasion to
6. Intrusion
of licensed
unlicensed
fishers
municipal
waters
recognize
this power
grantedand
to persons
havingcommercial
police authority
underin
Section
2203 of
the (Customs) Code, who in order to discharge their
official duties more effectivelyxxx may at any time enter, pass through, or search any land or enclosure of any warehouse, store or other building not being a
7. Marketing
and buying
fish & fishery species
dwelling house.
(Section illegally-caught
2208, italics supplied)
xxx (to) go aboard any vessel or aircraft within the limits of any collection district, and to inspect, search and examine said vessel or
aircraft and any trunk, package, box or envelope on board, and search any person or board the said vessel or aircraft and to this end
to hail and stop such vessel or aircraft if under way, to use all necessary force to compel compliance; and if it shall appear that any
breach or violation of the customs and tariff laws of the Philippines has been committed, whereby or in consequence of which such
vessels or aircrafts, or the article, or any part thereof, on board of or imported by such vessel or aircrafts, is liable to forfeiture to make
seizure of the same or any part thereof.
453
The power of search herein above given shall extend to the removal of any false bottom, partition, bulkhead or other obstruction, so
far as may be necessary to enable the officer to discover whether any dutiable or forfeitable articles may be concealed. (Section
2210)
57. Hizon vs. Court of Appeals, G.R. No. 119619. December 13, 1996.
58. People vs. Figueroa, G.R. No. 134056, 335 SCRA 249, July 6, 2000.
Papa to
v. Mago,
22 with
SCRAReport
857, pp.
871-872.
B.59.
Failure
Comply
Requirements
60. Ibid.
61. People vs. De Gracia, 53 SCAD 103, 233 SCRA 716 [1994].
62. United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.).
Rules of Criminal Procedure, Rule 126, Section 1.
C.63.
Illegal
Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
64. Rules of Criminal Procedure, Rule 126, Section 10.
65. Rule 126, Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. (a) The officer must forthwith
deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (b) Ten (10) days
after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to
whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain
whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. The judge shall see to it
that subsection (a) hereof has been complied with. (c) The return on the search warrant shall be filed and kept by the custodian of the log book
search warrants
shall enter
the date of the return,
the result,
and other
actions of the judge. A violation of this section shall
2. on
Construction
andwho
Operation
of therein
Fish Corrals/Traps,
Fish Pens
and Fish
Cages
constitute contempt of court.
66. Rules of Criminal Procedure, Rule 113, Section 3 .
67. DOJ Department Circular No. 61, September 21,1993, New Rules on Inquest, Section 1.
68. Ibid., Section 2.
454
69. Id.
71. Penalties:
1. Light offenses include arresto menor ( imprisonment from 1 to 30 days).
2. Correctional penalties include arresto mayor (imprisonment from 1 month and 1 day to 6 months) and prision correccional
(imprisonment
from 6 months
and 1
day to 6 years).
4. Fishing
in overexploited
or fishery
management
areas
3. Afflictive penalties include prision mayor (imprisonment from 6 years and 1 day to 12 years), reclusion temporal (imprisonment from
12 years and 1 day to 20 years), reclusion perpetual (imprisonment from 20 years and 1 day to 40 years)
4. Capital punishment refers to death. This punishment was abolished in 2006.
72. DOJ Department Circular No. 61, September 21,1993, New Rules on Inquest, Section 6.
73. Ibid., Section 8.
5. Fishing without license or necessary permits or not complying with documentary requirements
455
84. To be admissible, the following requisites must be present, subject to the limitation of RA 4200 or the Anti-Wire Tapping Law and the
Constitution:
B. Failure to
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
456
5. Fishing without license or necessary permits or not complying with documentary requirements
457
NOTES
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
458