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Universidad De Manila

COLLEGE OF LAW
(Formerly known as the City College of Manila)
A.J. Villegas St. Mehan Gardens, Ermita, Manila
LAW ON NATURAL RESOURCES AND ENVIRONMENTAL LAW
NAME: DENNIS T. VELASQUEZ PROFESSOR: ATTY. DONNA Z. GASGONIA
YEAR AND SECTION: JD 101

ROLDAN v. ARCA

Issue:
Whether or not, the fishing boat illegally fishing be seized without a valid warrant?

Ruling:
1. Custodia Legis
2. The Fisheries Act, as amended
3. The Act Creating a Fisheries Commission
4. Rules of Court on Lawful Arrest

Analysis of Facts and Arguments:

Facts:

Two fishing boats of Morabe, De Guzman and Company were seized for illegally fishing using
dynamite sticks off the coast of Palawan and charged thereof. Respondent judge of the Court of
First Instance of Manila ordered the release of the boats.

Arguments:

Roldan - Petitioner Arca - Respondent


The Fisheries Commissioner is empowered by The vessels are legally fishing as evidenced by
law to seize vessels that are violating fishery the compromise agreement to settle their
laws. violations of fishery laws.

Conclusion:
1. The vessels were in the legal custody of the court of Palawan and cannot be interfered by another
court.
2. The Fisheries Act prohibits and penalizes fishing with dynamites or other explosives and the
Commissioner is authorized to carry out the provisions of the same.
3. A warrantless seizure is also applicable to fishing vessels that violate fishery laws. It is because,
these vessels are with powerful motors that they can easily evade the Philippine Navy or the Coast
Guard.

Use the I-R-A-C format and emphasize the Legal Dispute of the boat being involved in two fishing
incidents.