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 involved in two fishing incidents were legally seized?

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:

A boat of Morabe, De Guzman and Company was seized and impounded by the Philippine Navy
at the order of the petitioner for alleged illegal fishing.

Respondent judge of the Court of First Instance of Manila ordered the release of the boat.

Said boat was again seized for alleged illegally fishing using dynamite sticks off the coast of
Palawan and charged thereof.

Respondent ordered the release of the boat.

Arguments:

Roldan - Petitioner Arca - Respondent

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