On Enforcing an Environmental

Law: Republic Act No. 8550 or

The Fisheries Code of 1998

A finals paper for Environmental Law (Summer Term)

Submitted By: Ralph Lorenz N. Deiparine

Professor: Amb. Amado Tolentino
 Republic Act No. 8550, better known as The Fisheries Code of 1998, is a comprehensive
piece of legislation which deals with the proper conduct of fisher folk and similar persons or
entities, on fishing and gathering of maritime resources in the waters of the Philippines,
including the waters of the countrys EEZ or Exclusive Economic Zone.

When one reads RA 8550, notable provisions can be found inside such piece of
legislation. The provisions on Catch Ceiling Limitations 1, the establishment of Closed Season
that prohibits the catching of certain marine species during fixed months of the year (usually the
breeding season of such species)2, the protection of Rare, Threatened and Endangered Species in
conjunction with the CITES Agreement3, the importation and exportation of marine species and
marine products4, the reconstitution of the Bureau of Fisheries and Aquatic Resources (BFAR) 5,
and the laws illegal acts and their penalties6.

In addition, under the laws General Provisions, there can be found the provisions on
upgrading of fishery schools and colleges7, the inclusion of fishery conservation subject in
school curriculums8, and the provision of educational campaign on all educational levels9.

While the latter-mentioned provisions on educating the children on fisheries and their
conservation would greatly help the next generation of Filipinos in understanding the current and
possible future situation of the countrys water and teaching them to give their contribution by
saving our waters and the marine life in it, I personally believe that a tougher way of enforcing
the penal provisions of this comprehensive law is in order, being that there is a great increase in
our population that translates to greater demand for food products, that in turn are sourced
mainly from the countrys seas, lakes and rivers. Also, the increasing encroachment of maritime
poachers is also a good reason to toughen up this stature.

Furthermore, I also believe that this law, RA 8550, is already comprehensive enough, all
it needs is a tougher enforcement, so that such piece of legislation will not look like a soft law,
a law that is already existing but not strictly binding, especially to those subject to it, like fisher
folk and fishing companies. The time is nigh to make such law a hard law, a statute that should
be strictly followed and observed, in such a way that even a small deviation will result in
penalization. Yes, it sounds harsh, but we have to remember Dura Lex, Sed Lex, it may be
harsh, but a law is a law. Such harshness will protect the next generation of Filipinos and their
right to a balanced and healthy ecology and environment.

1 Section 8, Republic Act No. 8550

2 Section 9, Republic Act No. 8550
3 Section 11, Republic Act No. 8550
4 Section 61, Republic Act No. 8550
5 Sections 64-66, Republic Act No. 8550
6 Sections 86-107, Republic Act No. 8550
7 Section 116, Republic Act No. 8550
8 Section 117, Republic Act No. 8550
9 Section 118, Republic Act No. 8550
 While I was pondering on other ways to enforce this comprehensive law and its penal
provisions, I encountered, during our Environmental Law class, an online article written by our
professor, Ambassador Tolentino for The Manila Times, entitled Asean: Waves of Naval
Expectations10. In the article, it was pointed out that many of the ASEAN member-states,
Philippines included, has increased their spending on military and defense, with focus on
maritime defense, by way of purchasing additional naval equipment, naval vessels and aircraft
(both fixed and rotary-wing types). The reason behind such spending and buffing-up of its navies
is primarily due to their increased need to protect their respective national waters against piracy,
terrorism and the increasing encroachment of foreign maritime poachers, specially poachers
coming from the Peoples Republic of China.

In another article written by Amb. Tolentino, entitled Asean: Defense evolves in

uncertainties11, the Ambassador believes that with such increased spending in military hardware
and training, ASEAN member-states should also look at improving their disaster-response
capabilities and inter-state cooperation in dealing with natural calamities, in light with the
enactment of the AADMER or the Asean Agreement on Disaster Management and Emergency
Response, and with the recent natural calamities that have hit the region that has affected
thousands, if not millions, of people.

Also, while researching for materials for this paper, I also encountered Republic Act No.
10654, which amends Republic Act No. 8550, in such a way that it toughens up the penal
provisions by providing harsher penalties for illegal acts listed in RA 8550. While I commend
such amendments, if there is no revamp on enforcement, then such amendments will be for
naught.

Then it hit me: The Philippines does not have a law akin to the United States of
Americas Posse Comitatus Act, which practically prohibits the US Federal Government from
deploying US Military personnel and equipment in US Soil (that is why the States have
individual State Defense Forces and National Guards, with jurisdictions within state limits only).
This means that the Philippine Government may call upon the military to help enforce national
laws in the territory, which includes the waters in and around the country.

Thus, I propose that the Philippine Navy (PN) be called upon to assist the Philippine
Coast Guard (PCG) in enforcing both RA 8550 and RA 10654, to act as force multipliers in order
to fight illegal fishing in the country. This is plausible, being that as of late, the PCG is still
improving its own capabilities and would need the help of the PNs bases, ships, aircraft and
personnel in enforcing not just Maritime Law, but also Environmental Law.

10 Tolentino, A. 2014, Asean: Waves of Naval Expectations, The Manila Times, 9 May, accessed 8 July 2017
<http://www.manilatimes.net/asean-waves-of-naval-expectations/95374/>
11 Tolentino, A. 2016, Asean: Defense evolves in uncertainties, The Manila Times, 22 July, accessed 8 July 2017
<http://www.manilatimes.net/asean-defense-evolves-in-uncertainties/275418/>
 Furthermore, the Philippine Air Force (PAF), specially its rotary-wing component, may
be used as an additional force-multiplier for both the PCG and PN in enforcing RA 8550 and RA
10654. The reason is that helicopters have obviously faster speeds than conventional vessels and
that since they operate from the air, they can easily spot and intercept illegal fishing activites and
the vessels used, especially boats with surface speeds faster than that of the vessels used by both
PCG and PN.

Additionally, a call for increased inter-agency cooperation is in order between the

agencies that enforce environmental laws like RA 8550. These agencies, like the PCG, PN, PAF,
the National Bureau of Investigation, the Philippine National Police, and the Bureau of Customs
should increase cooperation between each other, for example in the area of intelligence-gathering
and sharing, so that violations of existing environmental laws would greatly decrease. Such call
can be stemmed from the fact that there are still violations of existing laws, like the catching and
exportation of fish illegally caught, and the use of dynamite, poison or electricity to catch marine
life, and the use of muro-ami to catch fish.

In line also with the General Provisions of RA 8550, I would also like to propose that
there should be a mandatory annual field trip by schools to a fishery or a mangrove growing area,
and that the participating students and teachers shall at least plant a single mangrove seedling, as
a form of hands-on approach to conserve our marine life. This is for increased understanding
of the students to the current status of fishery conservation, and also to increase the coverage of
mangrove swamps, since these mangroves will serve not only as shelter and breeding grounds of
fish, but will also serve as a natural bulwark against natural disasters such as tsunamis and storm
surges.

In conclusion, the time is nigh to increase the enforcement of RA 8550 and also of all
environmental laws. And to increase such enforcement, we shall call upon the military and the
other involved agencies to step up some more, since RA 8550 and RA 10654 will be a waste if
there is no strict enforcement. Yes, many might say that such call for increased enforcement and
penalties is harsh, but we have to remember that such harsh measures are being employed so that
people would become more disciplined and that such measures are for the greater good. As the
ancient Indian proverb goes: "We do not inherit the Earth from our Ancestors, we borrow it from
our Children".