Manual On Environmental Law Enforcement in Coastal and Marin PDF

Produced by
The Department of Environment and Natural Resources (DENR),

Protected Areas and Wildlife Bureau (PAWB), Coastal and Marine Management Office (CMMO)
In collaboration with
Tanggol Kalikasan, Inc.
And the member organizations of the National Law Enforcement Coordinating Council–Subcommittee on
Environment and Natural Resources, Local Government Units, partner Non-government Organizations and
People’s Organizations, academe and other assisting organizations
With the support of
The Integrated Coastal Resources Management Project (ICRMP), United States Agency for International
Development (USAID) & US-Department of Interior (US-DOI)
2013
i
Manual on Environmental Law Enforcement in Coastal and Marine Areas
By
Department of Environment and Natural Resources

Protected Areas and Wildlife Bureau
Coastal and Marine Management Office
Ninoy Aquino Parks and Wildlife Center, North Avenue, Quezon City
2013
Printed in Manila, Philippines
Citation:
Department of Environment and Natural Resources. 2013. Manual on Environmental Law Enforcement in Coastal and Marine Areas.
Coastal and Marine Management Office of the Protected Areas and Wildlife Bureau of the Department of Environment and Natural
Resources, Quezon City, Philippines. 474 pp.
This publication is made possible in collaboration with Tanggol Kalikasan, Inc., the United States Department of Interior-International
Technical Assistance Program (US DOI-ITAP) Philippine Project, and the Integrated Coastal Resources Management Project (ICRMP),
and by the support of the American People through the United States Agency for International Development (USAID). The contents of
this manual are the sole responsibility of the authors and do not necessarily reflect the views of the CMMO, PAWB, DENR, US-DOI,
USAID or the United States Government.
This publication may be reproduced or quoted in other publications as long as proper reference is made to the source.
Layout and cover design: Walter Lingon
ISBN 978–971–8986–84-4
Message by the Secretary of the Department of Environment and Natural Resources
Surrounding our archipelago’s 7,100-plus islands are seas incredibly rich with marine life and other economic resources –the
world’s “center of the center of marine shorefish biodiversity” in the Verde Island passage, and “the heart of the Coral Triangle”,
in the Sulu-Sulawesi corridor.
However, along our 36,289 kilometers of coastline – the fourth longest coastline in the world – live around 60 percent of our
population of around 95.2 million. Human activities, particularly destructive fishing methods, over-extraction, and those that
generate pollution, subject these marine resources to severe stress.
And although our laws for the protection of these resources have been described internationally as excellent, weak enforcement
has been a cause for concern. The DENR has thus been mobilizing local government units and the citizenry for the protection,
conservation and management of coastal and marine resources. This participatory approach requires that LGUs and citizens
possess not just motivation, also the pertinent knowhow. With this in mind, this Manual on Environmental Law Enforcement in
Coastal and Marine Areas was developed with contributions from other government agencies enforcing environmental laws.
This Manual is a practical tool that will inform LGUs, nongovernmental organizations, people’s organizations and other
community-based stakeholders of relevant laws to help them enforce laws and regulations on coastal and marine resources
protection. This manual also doubles as a handbook for law enforcers in the field, because it features procedure for arrest,
search and seizure, and the filing of cases, apart from illustrative case studies on relevant issues.
We thank Tanggol Kalikasan, Inc. and the United States Department of the Interior for contributing technical assistance and
expertise that made the development and publication of this Manual possible. We also acknowledge the support of the U.S.
Agency for International Development and the Asian Development Bank.
From here, we look forward to seeing copies of this Manual encrusted by salt from the seas, their pages much thumbed and
annotated by users, as evidence of its usefulness in the field.
Mabuhay!
RAMON J.P. PAJE

Secretary
iii
Message by the Secretary of the Department of Agriculture
As an archipelagic nation of more than 7.100 islands with a “fourth longest in the world” coastline of 36,289 kilometers in total territorial
waters of about 220,000 square kilometers, our fishery sector’s potential role and contribution in our drive to increase food production
and farmers’ and fishers’ incomes towards food and nutrition sufficiency and surpluses is indeed awesome.
Through the years and decades, however, various factors such as overpopulation, greed, and ignorance has resulted in the worsening
depletion and degradation of our coastal and fishery resources. Due to overfishing, mass destruction of coral reefs, and illegal fishing
methods, our fishermen catch less and less fish, aggravating and widening the cycle of poverty in the our coastal areas.
Through the Agri-Pinoy program, we are now implementing a holistic, participatory, transparent and sustainability-oriented development
approach that in the last two years and a half has achieved for our people record harvests in rice, corn and other basic food
commodities. Likewise, our policy shift from exploitative to sustainable fishery management, featuring fishing bans in certain fishery
areas, has resulted in last year’s arrest and this year’s promising reversal of our fishery sector’s decline.
It is in this context that we in the DA welcome this Manual on Environmental Law Enforcement in Coastal and Marine Areas. A
compendium of relevant laws and illustrative case studies on coastal and environmental protection, we earnestly hope that this
handbook will unify our methods and approaches to coastal and marine environmental law enforcement and help attain our noble
visions of fishery resource conservation, increased productivity and incomes of our fisherfolk, and self-sufficiency in fish and marine
products for all Filipinos.
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 world’s 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
v
Table of Contents
About this Manual i
Acknowledgements iii
Acronyms v
List of Laws, Rules and Regulations in the Manual vii
Chapter 1. Laws Applicable to Environmental Law Enforcement in Coastal and Marine Areas 1
Chapter 2. Government Agency Mandates, Functions & Roles 4

in Environmental Law Enforcement in Coastal and Marine Areas
A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 4

B. DEPARTMENT OF AGRICULTURE 11
C. DEPARTMENT OF JUSTICE 13
D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT 14
E. DEPARTMENT OF NATIONAL DEFENSE 18
F. DEPARTMENT OF TRANSPORTATION AND COMMUNICATION 19
G. DEPARTMENT OF FINANCE 20
H. OFFICE OF THE PRESIDENT 21
Chapter 3. Environmental Laws Possibly Violated by Illegal and Destructive Activities in Coastal and Marine Areas 23
A. Access to Foreshore Areas 23

B. Failure to Comply with Report Requirements 24
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products 24
D. Mangrove Destruction 26
E. Mining & Quarrying 27
F. NIPAS Protected Area Violations 29
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders 29
H. Upland Deforestation 29
I. Water Pollution 30
J. Wildlife Violations 32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts 33

Chapter 5. Procedural Rules 233
A. Rules of Criminal Procedure for Environmental Cases 233

B. Basic Rights of the Accused 241
C. Arrest, Search, Seizure and Detention 243
D. Investigation, Documentation and Evidence Gathering 255
Chapter 6. Cases 257

vii
Annexes 275
Annex 1. Full Provisions of Prohibited Acts in Environmental Laws Applicable to Coastal and Marine Areas 275
A. Fisheries 275
B. Wildlife 282
C. Water Pollution 283
D. Environmental Impact Statement System 289
E. Forestry 290
F. Protected Areas 291
G. Water Code of the Philippines (Presidential Decree 1067) 292
Annex 2. Templates of Forms Used in Environmental Law Enforcement 293
Basic Forms 293

Fisheries Law Enforcement Forms (RA 8550) 303
Wildlife Law Enforcement Forms (RA 9147) 325
Forestry Forms (PD 705) for Mangroves 341
EMB Forms for Water Sampling 344
Annex 3. List of Fishery Administrative Orders Relevant to Coastal and Marine Environmental Law Enforcement 346
Annex 4. Projects Covered by the Environmental Impact Statement System 354
Annex 5. Criminal Procedure Flowcharts 356
1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST 356

2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS 358
Annex 6. Wildlife Law Enforcement Manual Flowcharts 360
1. Investigation Procedure 360

2.General Surveillance Procedure 361
3.General Regulatory Monitoring Procedure 362
4.Serving a Warrant of Arrest 363
5.Conducting Proper Warrantless Arrest 364
6.Search with Warrant 365
7.Apprehension, Seizure and Handling 367
8.Filing and Prosecution of Cases 368
9.Administrative Seizure, Confiscation and Disposition 371
10. Departure of Passengers Carrying Wildlife 372
11.Arrival of Passengers Carrying Wildlife 373
12.Arrival of Passengers Carrying Wildlife Based on Advance Information 374
13.Outgoing and Incoming Cargoes in International Airport and Seaports 375
14.Incoming Cargoes and there is advance information on transport of wildlife goods 376
15.Incoming and Transshipment of cargoes at international seaports 377
and there is advance information of transport of wildlife goods/derivatives
16.Departure of Passengers Carrying Wildlife 378
17.Arrival of Passengers Carrying Wildlife, Based on Advance Information 379
18.Outgoing Cargoes 380
19.Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods 381
20.Chartered Flights (international and domestic) and there is advance 382
information/tips on hot wildlife, by-products or its derivatives
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
Annex 9. List of Hazardous Wastes in DENR Administrative Order 04-36 409
Directory of Key Officials Regional & Provincial Law Enforcement Agencies 416
A. DENR Regional & Provincial Offices 416

B. Bureau of Fisheries and Aquatic Resources Regional Offices 439
C. Philippine Coastguard 441
D. Philippine National Police 442
E. Philippine Navy 443
Index 444
ix
Manual Quick Guide
3. Failure to Comply with Standards
1. If there is an activity under suspect,
About this Manual search for it using the clustered
illegal or destructive activities in
The Coastal and Marine Management Office (CMMO) of the Protected
Chapter 3 as a guide.
Areas and Wildlife Bureau (PAWB) of the Department of Environment and
4. Fishing
Natural in overexploited
Resources or fishery
(DENR), assisted management areas
by TanggolKalikasan, Inc., a public interest 2. Using your selected cluster, look at
environmental law office, in cooperation with the United States Department of the elements of possible violations
Interior (US-DOI) Philippine Project, developed a Manual on Environmental Law listed under the cluster in Chapter 4
Enforcement in Coastal and Marine Areas. to pinpoint the violation.
3. To futher check the correspondence
The Manual aims to provide coastal and marine law enforcers on field of the activity in #1 with the possible
with an accessible and concise sourcebook of environmental law violations in violation in #2, go to Annex 1 for the
coastal and marine areas, procedures for arrest, search, seizure and case filing,
5. Fishing without license or necessary permits or not complying with documentary requirementscomplete provision of the law.
and common cases on coastal and marine law enforcement.
4. If there is a need for inter-agency
The Manual has undergone several drafts subjected to four regional collaboration, refer to Chapter 1 on
consultations in Luzon, Visayas and Mindanao (two clustered consultations in mandates of agencies.
Luzon) and one national consultation. The consultant-participants represented 5. When the violation has been
the various government agencies involved in law enforcement in coastal and identified, gather the suggested
marine areas, of
6. Intrusion as licensed
well as the academe
and and non-government
unlicensed organizations.
commercial fishers in municipal waters evidence listed in Chapter 4 on field.
It is expected that law enforcers will be guided in apprehending and
6. If guidance is needed on how to
filing cases against violators of environmental laws in the coastal and marine conduct the investigation, gather
7. Marketing
areas and buying
using specific illegally-caught
provisions fish
in the following & fishery species
laws: evidence, and apprehend violators, go
to Chapter 5. Sample forms are found
• Presidential Decree No. 705: Revised Forestry Code of the in Annex 2.
Philippines, as amended by PD 1559, PD 865, PD 1775, BP Blg. 701, 7. When evidence has been gathered,
BP Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31 forms prepared and inter-agency
• Presidential Decree No. 979: Marine Pollution Decree of 1976 collaborations have been made, refer
• Presidential Decree 1067: Water Code of the Philippines
back to Chapter 4 on where to file the
• Presidential Decree No. 1586: Establishing an Environmental Impact
Statement System, Including Other Environmental Management case.
Related Measures and for Other Purposes
i
• Republic ActNo. 7076: People’s Small-scale Mining Act of 1991
• Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992
• Republic Act No. 7942: The Philippine Mining Act
• Republic Act No. 8550: Philippine Fisheries Code of 1998
• Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
• 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. 9147: Wildlife Resources Conservation and Protection Act
B. Failure to Comply with Report Requirements
The Manual lists down common illegal and destructive activities in the coastal and marine areas and provides options for the
law enforcer in filing cases against the violator. It enumerates the penalties for a violation, identifies elements that make up the
violation, and recommends evidence that the law enforcer must gather to prove these elements and successfully file a case against a
violator. The Manual also provides law enforcers with a basic understanding on the new Rules of Criminal Procedure for Environmental
Cases, general rules on Arrest, Search, Seizure, and Detention, Evidence Gathering, Rules on Evidence and tips on Case Filing.
Illustrative cases are also given to guide law enforcers in satisfying the elements of prohibited acts, apprehending violators
C. and
Illegal Fishing
filing cases Activities
in real life. and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture ofIn breeders,

addition tospawners, eggs
the Manual, or fry
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
This Manual is a result of the teamwork of the following authors:
Atty. Mariaor
4. Fishing in overexploited Generosa T. Mislang areas
fishery management
Executive Director, Tanggol Kalikasan, Inc.
Glenn M. Forbes
Law Enforcement Director
Tanggol Kalikasan, Inc.
Atty. Marina Rabe-Manuel

5. Fishing without license
Area or necessary
Director, permits or
Tanggol Kalikasan not complying
Northern Luzon with documentary requirements
Atty. Rolando R. Recto

Staff Lawyer, Tanggol Kalikasan, Inc.
Atty. Maria Carmela B. Salazar

Staff Lawyer, Tanggol Kalikasan, Inc.
6. Intrusion of licensed and unlicensed
(TK Coordinator commercial
for this Project & Mainfishers in municipal waters
Editor/Writer)
Atty. RonelyBisquera-Sheen
7. Marketing andIn-Country Representativefish & fishery species
buying illegally-caught
International Technical Assistance Program
US Department of the Interior (US-DOI)
The CMMO-PAWB-DENR, led by PAWB Director Theresa Mundita S. Lim and CMMO Executive Director Jacob F.
Meimban, Jr., assisted by Supvg. Ecosystems Management Specialist, Angelita P. Meniado, and supported by Ms. Christy
Gempes and Mr. Leroy Salvador, handled project management and coordination.
Officials and technical staff of the DENR, DA and DILG have contributed considerably in the preparation of this Manual.
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:
the Comply with Report Requirements
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:

C. Bureau of Fisheries
Illegal Fishing and Aquatic
Activities Resources
and Dealing (BFAR)
in Illegally-Caught Fish or Fishery Products
Provincial Fisheries Officers (PFOs)
1. Capture
From theofDILG:
breeders, spawners, eggs or fry
Coastal Municipality/City/Provincial LGU Representatives
Philippine National Police (PNP)
From the DOTC:

Philippine Coastguard
MARINA
Philippine Ports Authority
From the DND:

Philippine Navy
Partner PO/NGO Representatives
Academic Institution Representatives
iv
Acronyms
A&D Alienable and disposable
AFP Armed Forces of the Philippines
BFAR Bureau of Fisheries and Aquatic Resources
BP Batas Pambansa
CBFMA Community-Based
4. Fishing in overexploited Forest
or fishery Management
management Agreement
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
DENR license orofnecessary
Department Environmentpermits or not Resources
and Natural complying with documentary requirements
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
DTI and unlicensed
Department of Trade andcommercial
Industry fishers in municipal waters
ECC Environmental Compliance Certificate
ECA Environmentally Critical Area
ECP
7. Marketing andEnvironmentally Critical Project
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
v
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
C. NIPAS Nationaland
Illegal Fishing Activities Integrated
DealingProtected Area System
OG Official Gazette
PA Protected Area
1. Capture
PAB of breeders, spawners,
Pollution eggs orBoard
Adjudication fry
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
List of Laws, Rules and Regulations Used in the Manual
Laws
Commonwealth Acts
Commonwealth Act No. 270 as amended by Commonwealth Act No. 641: An Act to Amend Section 21 of the Administrative Code
4. Fishing in overexploited or fishery management areas
Executive Orders
Executive Order No. 192: Reorganization Act of the Department of Environment and Natural Resources
Executive Order No. 292: Administrative Code of 1987
Executive Order 513: Reorganizing the Philippine Ports Authority
Presidential Decrees
Presidential
5. Fishing Decree
withoutNo. 705: Revised
license Forestry
or necessary Code or
permits of not
the Philippines,
complying as amended
with by PD 1559,
documentary PD 865, PD 1775, BP Blg. 701, BP
requirements
Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31
Presidential Decree No. 979: Marine Pollution Decree of 1979
Presidential Decree 1067: Water Code of the Philippines
Presidential Decree No. 1160: Vesting Authority in Barangay Captains to Enforce Pollution and Environmental Control Laws and For
Other Purposes
Presidential Decree No. 1586: Establishing an Environmental Impact Statement System, Including Other Environmental Management
6. Intrusion
Related of licensed
Measures and unlicensed
and for Other Purposes commercial fishers in municipal waters
Republic Acts
7. Marketing
Republic and
Act No. buying
157, illegally-caught
as amended by EO 94 fish & fishery
Series of 1947:species
An Act Creating A Bureau of Investigation, Providing Funds Therefor, And
For Other Purposes
Republic Act No. 6975 as amended by Republic Act No. 8551: Department of the Interior and Local Government Act of 1990
Republic ActNo. 7076: People’s Small-scale Mining Act of 1991
Republic Act No. 7160: Local Government Code of 1991
Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992
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
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
“Philippine breeders, spawners,
Act of 1995” eggs or fry
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
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
Fishery Administrative Orders
FAO 222, Seriesof 2003: Regulations on the Operation of Danish Seine (Hulbot-Hulbot)
3. Failure
FAO to Comply
202, Series with
of 2000: Standards
Ban on Coral Exploitation and Exportation
FAO 200, Series of 2000: Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998
FAO 193, Series of 1998: Ban on the taking or catching, selling, purchasing and possessing, transporting and exporting of Whale
Sharks and Manta Rays
FAO 185-1, Series of 1997: Amending Sections 1 and 2 of FAO No. 185 by adding whales and porpoises in the ban on the taking or
catching, selling,
4. Fishing purchasing and
in overexploited or possessing, transporting
fishery management and exporting of Dolphins
areas
FAO 185, Series of 1993: Ban on the taking or catching, selling, purchasing, possessing, transporting and exporting of dolphins
FAO 155, Series of 1986, as amended by FAO 155-1, S. 1994: Regulating the use of fine meshed nets in fishing
Joint Administrative Orders

Joint DENR-DA-PCSD Administrative Order No. 01-04: Implementing Rules and Regulations (IRR) of Republic Act 9147 otherwise
known as the Wildlife Resources Conservation and Protection Act of 2001.
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
7. Marketing in Pollution
and buying Cases fish & fishery species
illegally-caught
ix
1. Capture of breeders, spawners, eggs or fry
x
Chapter 1. Laws Applicable to Environmental Law Enforcement
in Coastal
3. Failure to Comply and Marine Areas
with Standards
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 country’s systematic, comprehensive and ecological solid waste management program to protect public health and the
4. Fishing in
environment. 1 overexploited or fishery management areas
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
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
6. Intrusion of licensedMining Act (Republic
and unlicensed Act 7942),
commercial or Anin Act
fishers Instituting
municipal a New System of Mineral Resources Exploration,
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
1
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
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
C.lands ofFishing
Illegal the public domain, and
Activities with Dealing
emphasisinon the protection, rehabilitation
Illegally-Caught Fish or Fishery development of forest lands. 12
andProducts
The Small-Scale Mining Act (Republic Act 7060) or An Act Creating A People’s Small-Scale Mining Program And For Other
Purposes promotes, develops, protects and rationalizes viable small-scale mining activities to generate employment opportunities and
provide equitable sharing of the nation’s 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
2. substances
Constructionandand mixtures that of
Operation present unreasonable risk
Fish Corrals/Traps, Fishand/or
Pens injury
and Fish Cagesor the environment. It likewise prohibits the entry,
to health
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
2
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
3. Failure toin Comply
2001 to conserve and protect wildlife species and their habitats, and regulate the collection and trade of wildlife. 16 The
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
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
3
Chapter 2. Government Agency Mandates, Functions and Roles
in Environmental Law Enforcement in Coastal and Marine Areas
A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
• Manages and protects the country’s natural resources (EO 292 and Sec. 4, EO 192)
1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)

B. Failure
a. to Comply with
Responsible for Report Requirements
the protection, development and preservation of national parks, marine parks, game refuges and wildlife
(Sec. 16, EO 192)
b. Responsible for all the national parks, wildlife sanctuaries and game preserves previously managed and administered by the
Ministry of Human Settlements including National Parks reservations situated in the provinces of Bulacan, Rizal, Laguna and
Quezon formerly declared as Bagong Lipunan site of said Ministry, Magat Forest Reservation and Mt. Arayat National Park
(Sec. 16, EO 192)
c. Formulates and recommends policies, guidelines, rules, and regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biospheric
reserves (Sec. 18(a), EO 192)
d. Formulates and recommends policies, guidelines, rules, and regulations for the preservation of biological diversity, genetic
1. Capture resources,
of breeders, spawners,
and endangered eggs or fry flora and fauna (Sec. 18(b), EO 192)
Philippine
e. Prepares an up-to-date listing of endangered Philippine flora and fauna and recommends a program of conservation and
propagation of the same (Sec. 18(c), EO 192)
f. Assists the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and
provides technical assistance to the regional offices in the implementation of programs for these areas (Sec. 18(d), EO 192)
g. Protects all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians
and dugong (Sec. 4, RA 9147)
2. FOREST MANAGEMENT BUREAU (FMB)

a. Recommends policies and/or programs for the effective protection, development, occupancy, management, and conservation
of forest lands and watersheds, including mangrove areas (Sec. 13(a), EO 192)
b. Performs other functions as may be assigned by the Secretary and/or provided by law (Sec. 13(f), EO 192)
4
3. ENVIRONMENTAL MANAGEMENT BUREAU (EMB)
a. Implements the rules and regulations pertaining to the conduct of environmental impact assessment for every project that has
3. Failure to Comply
adverse impactwith Standards
on the environment (Sec. 16, EO 192)
b. 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
d. Confiscates or fishery
or impounds management
chemicals areas within said acts and cannot be enjoined except after the chemicals have
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
of local licensed
wasteand unlicensedplans
management commercial fishers
and programs in municipal
(Sec. waters
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
7. Marketing (Sec. 8,
and buying RA 9003)
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)
5
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
z. to Complyrevises
Reviews, with Report Requirements
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
C. Illegal Publishes a list of and
Activities substances
Dealingwhich are known to cause
in Illegally-Caught harmful
Fish or effects
Fishery on the stratospheric ozone layer (Sec. 30, RA 8749)
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,
on the reductioneggs or fry
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
2. Construction andany person who
Operation owns
of Fish or operates any
Corrals/Traps, emissions
Fish Pens and source
Fish or who is subject to any requirement of the Clean Air Act to
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)
6
ll. In coordination with National Water Resources Board (NWRB), designates certain areas as water quality management areas
(Sec. 5, RA 9275)
mm. Designates
3. Failure to Comply water
withbodies as non-attainment areas, or portions thereof, where specific pollutants from either natural or man-
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
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
5. Fishing fails license
without to immediately undertake
or necessary the same
permits (Sec.
or not 16, RA 9275)
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)
4. 6.MINES
Intrusion
ANDofGEOSCIENCES
licensed and unlicensed commercial
BUREAU (Regional fishers(EO
Offices) in municipal
192) waters
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
7. Marketing suspends
and buying the mining or fish
illegally-caught quarrying operations,
& 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
7
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
f. to Comply such
Exercises with Report
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
C. Illegal Fishing (CWA) and Dealing in Illegally-Caught Fish or Fishery Products
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,
k. Recommends eggs or fry of development or construction, or cessation of operations, or where appropriate,
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
2. Construction liability forofclean-up
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. 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
b. 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
c. 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
8
d. Perform other functions as may be assigned by the Secretary and/or provided by law
7. 3. Failure to Comply
PROTECTED with Standards BOARD (PAMB) (RA 7586)
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
of Operations or fishery management
for the management areas
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
g. Monitors andlicense
assessesor necessary permits
the performance of or
thenot complying
PASu with
and other documentary
protected requirements
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
Intrusion of AREA SUPERINTENDENTS
licensed (PASU) (DAO
and unlicensed commercial 2008-26)
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
c. In casesandofbuying
seizure,illegally-caught
assumes custodyfish
of &
thefishery speciesitems
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.
9
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
monitoring Report Requirements
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.
for investigation. and Dealing in Illegally-Caught
18, NIPAS Act) Fish or Fishery Products
1. 10.
Capture of breeders,
WILDLIFE spawners,
ENFORCEMENT eggs or fry
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
2. Construction of wildlife-related
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
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
protection or and
of wild fauna fishery
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
duties license or necessary permits or not complying with documentary requirements
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)
1. BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR)
a. Enforces all laws governing the conservation and management of fishery resources, except in municipal waters (Sec. 65, RA
8550)
b. Formulates and enforces all rules and regulations governing the conservation and management of fishery resources, except
in municipal waters (Sec. 65, RA 8550)
c. Settles conflicts respecting resource use and allocation (Sec. 65, RA 8550)
d. 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)
2. FISHERIES INSPECTION AND QUARANTINE SERVICE

a. 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
B. Failure Implements
Comply withinternational agreements/commitments on biosafety and biodiversity (Sec. 67(b), RA 8550)
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
f. Fishing
ExaminesActivities
all fish and fishery
Dealingproducts
in Illegally-Caught Fish
coming into or or Fishery
going Products
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
1. Capture of breeders,and authorizes
spawners, theormovement
eggs fry or trade of fish and fishery products when found free of fish pests or diseases
(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)
2. 4. BUREAU OFand
Construction PLANT INDUSTRY
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. 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
b. 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,
3. Failure administer
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
Fishing in OFFICERS
overexploited or (Rule 30.4, Joint
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
the without license
appropriate or designated
official necessary by
permits
law to or not complying
conduct preliminarywith documentary requirements
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
j. of licensed
Coordinate and law
with other unlicensed commercial
enforcement agenciesfishers in municipal
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
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. Detects and investigates crimes
b. Acts as a national clearing house of criminal records and other information
13
c. Gives technical assistance to all prosecuting and law enforcement agencies, the courts, and party litigants
d. Coordinates with other national or local police agencies in the investigation of crimes
e. Collects intelligence data and coordinates with other intelligence agencies, including Interpol
D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

• 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
PHILIPPINE with Report
NATIONAL POLICERequirements
(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
C. Illegal Performs such other
Activities and duties
Dealingand
in exercises all other
Illegally-Caught functions
Fish as may
or Fishery be provided by law, such as the National Integrated
Products
Protected Area System Act and Wildlife Resources Conservation and Protection Act
2. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG)
a. Monitors and prevents all crimes involving economic sabotage and other crimes of such magnitude and extent as it indicates
the commission by highly placed or professional criminal syndicate and organization
b. Investigates all major crimes involving the violation of the Revised Penal Code and operates against organized crime groups,
unless the President assigns the case exclusively to the National Bureau of Investigation
3. MARITIME POLICE UNIT (PNP Maritime group or PNP-MARIG)
• Performs all police functions over Philippine territorial waters and rivers (Sec. 35, par. b[1], RA 6975)
4. THE LOCAL GOVERNMENT UNITS
a. Punong Barangay (Barangay Head)

i. Enforces all laws and ordinances applicable to the barangay, including laws and regulations relating to the pollution
control and environmental protection (sec. 389, par. b[1], RA 7160)
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
3. Failure toconditions (PD Standards
Comply with 1160)(harmonize this with Sec. 124 of RA 8550)
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
iii. inActs
overexploited or fishery
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
5. Fishing without territorial
license jurisdiction permits
or necessary through or
effective governance
not complying with(Sec. 440 & 488,
documentary RA 7160). Such basic services include
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]),
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.
7. MarketingRepresent
and buyingNAPOLCOM, and exercise
illegally-caught operational
fish & fishery supervision and control over PNP units in their respective jurisdictions,
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
e. Sangguniang Bayan/Panlungsod (Municipal/City Council)
i. 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
B. Failure to Comply withorReport
offshore activities intended to accelerate productivity (Sec. 447, par. a & Sec. 458 par. a, RA 7160,)
Requirements
v. Grants the exclusive privilege of constructing fish corrals or fishpens, or the taking of bangus fry, prawn fry or kawag-
kawag, 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)
g. City/Environment and Natural Resources Officer (CENRO)
1. Capturei. of breeders,
Providesspawners,
support to eggs or fry to ensure delivery of basic services and facilities involving environment and natural
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)
h. City Legal Officer (CLO) (Sec. 481, par. c, RA 7160)

i. Represents the municipality/city in all civil actions andspecial proceedings
ii.
2. ConstructionDrafts ordinances,
and Operation of contracts and other legal
Fish Corrals/Traps, Fishdocuments
Pens and Fish Cages
iii. Renders opinions on any question of law, whenever required by the Mayor or the Sanggunian
iv. Reviews and submits recommendations on ordinances approved and executive orders issued by component units
i. The Provincial Governor

i. Enforces all laws and ordinances related to the governance of the province (Sec. 465, par. b[2], RA 7160)
ii. 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)
iii. 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
3. Failure toRegional
Comply Director (RA 6975)
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
i. inEnacts
ordinances, approvemanagement areas
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
• 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)
ii. Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
m. Legal Officer (Sec. 481, par. c, RA 7160)

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 2008-
26)
vi. Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
B. Failure to Comply
ADSDPP with(Rule
Report
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)
C.E. DEPARTMENT
Illegal OF NATIONAL
Fishing Activities DEFENSE
and Dealing (EO 292, BookFish
in Illegally-Caught IV, Title VIII) Products
or Fishery
• Maintains law and order throughout the country
1. Capture
• of breeders,
Performs spawners,
other eggs
functions as orbe
may fryprovided for by law
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
VIII, Chapter of Fish
6, Sec. 33.4, EOCorrals/Traps,
292) Fish Pens and Fish Cages
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
b. Philippine Navy (PN)
i. Enforces law and regulations pertaining to among others, quarantine and fishing (Title 8, Subtitle 2, Chapter 8, Sec.
3. Failure to53.4,
Comply with Standards
EO 292)
ii. 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)
iii. Performs such other functions as may be provided by law or assigned by higher authorities (Title VIII, Sec. 53.6, EO 292)
F.4. Fishing in overexploited

DEPARTMENT or fishery management
OF TRANSPORTATION areas
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
1. PHILIPPINE COAST GUARD

a. Enforces RA 8550, as well as other fishery laws, rules and regulations (Sec. 124, RA 8550)
b. Assists in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human
5. Fishing withoutdangerous
trafficking, license or drugs
necessary permits orchemicals,
and controlled not complying with documentary
transnational crimes and requirements
other applicable laws within the maritime
jurisdiction of the Philippines
c. In coordination with DA and the DENR, shall enforce for the enforcement of water quality standards in marine waters, set
pursuant to the Clean Water Act, specifically from offshore sources (Sec. 2(a), RA 9275)
d. Boards and inspects all types of merchant ships and watercrafts in the performance of this functions (Sec. 3 (m), RA 9993)
e. Enforces laws and promulgate and administers rules and regulations for the protection of marine environment and resources
from offshore sources or pollution within the maritime jurisdiction of the Philippines (Sec. 3 (n), RA 9993)
f. Develops oil spill response, containment and recovery capabilities against ship-based pollution (Sec. 3 (o), RA 9993)
g. Grants, within the capabilities and consistent with its mandate, requests for assistance of other government agencies in the
performance of their functions (Sec. 3 (p), RA 9993)
2. PHILIPPINE PORTS AUTHORITY
a. 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)
b. Enforces rules and regulations promulgated by the Authority pursuant to law (Sec. 2(e), EO No. 513)
3. MARINE INDUSTRY AUTHORITY (MARINA)

a. Oversees the promotion and development of the maritime industry
19
b. Oversees the effective regulation of shipping enterprises, and the establishment of routes, zones or areas of operation of
public water services
c. In charge of vessel registration, including issuance of licenses, certificates and related documents
d. Ensures safety in vessel construction and operations
e. Licenses qualified seamen and harbor, bay and river pilots
f. Enforces maritime law
4. MANILA INTERNATIONAL AIRPORT AUTHORITY

a. to
B. Failure Exercises
Comply administrative supervision and control over all international airports in the Philippines - Ninoy Aquino International
Airport, Laoag International Airport, the Diosdado Macapagal International Airport, the Subic Bay International Airport, the
Mactan-Cebu International Airport, the Francisco Bangoy International Airport in Davao, the General Santos International
Airport, and the Zamboanga International Airport
b. Regulates the entry to, exit from and movement within the airport
c. Enforces rules and regulations promulgated by the Authority pursuant to law
G. DEPARTMENT OF FINANCE (Book IV, Title II, Chapter 1, Sec. 2, EO 292)

• In charge of the formulation, institutionalization and administration of fiscal policies, in coordination with other concerned
subdivisions, agencies and instrumentalities of the government
• 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
c. Prevents Operation of Fish
prosecutes Corrals/Traps,
smuggling and otherFish Pens
illegal and Fish
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. Regularly and consistently gathers intelligence information related to customs and economic activities for proper
dissemination to the Customs offices concerned
b. 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
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
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
5. Fishing resource
without extraction
license and bioprospecting,
or necessary arecomplying
permits or not undertakenwith
by any person, upon
documentary endorsement of the regulating agency.
requirements
2. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) (RA 7611)

a. Formulates plans and policies as may be necessary to carry out the provisions of this Act
b. 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
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
7. Marketing to the
and buying Congress of the
illegally-caught Philippines
fish & fisherysuch matters that may require legislation in support of the objectives of the
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, by-
products and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime,
includingand
C. Illegal Fishing Activities corresponding reports
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,
Submit monthly eggs or fry
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
22
Chapter 3. Environmental Laws Possibly Violated by Illegal and Destructive Activities
in Coastal and Marine Areas
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
Also in overexploited
listed under each activityorare
fishery management
prohibited areas in environmental laws that are possibly violated or committed by the
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
Fishing without Use andorEnjoyment
necessary of Foreshore
permits Areas
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)
• Overstaying or building structures in easement areas (Sec. 51, PD 1067)
• Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)
• Unauthorized
6. Intrusion issuance
of licensed of tax declaration
and unlicensed (Sec. 85,
commercial PD 705)
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
• Conversion of mangroves (Sec. 94, RA 8550)
• 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)
• Obstruction of Defined Migration Paths (Sec. 105, 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
• Undertaking project without ECC (Sec. 4, PD 1586)
• Violation of EMB Rules on EIA (Sec. 9, PD 1586)
• Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)
• Overstaying or building structures in easement areas (Sec. 51, PD 1067)
• Unauthorized issuance of tax declaration (Sec. 85, PD 705)

B. Failure
• to Comply
Failure with Report
to conduct yearlyRequirements
report on FLA (Sec. 103 (b), RA 8550)
• 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)

1. Capture
• of breeders,
Capture spawners,
of sabalo, eggs
and other or fry
breeders/spawners (Sec. 98, RA 8550)
• Exporting of breeders, spawners, eggs or fry (Sec. 99, RA 8550)
• Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities (Section 86, par 1, RA 8550)
• Importation or exportation of fish or fishery species (Sec. 100, RA 8550)
2. Construction
• and Operation
Construction of FishofCorrals/Traps,
and Operation Fish Fish
Fish Corrals/Traps, PensPens
and and
FishFish
Cages
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)
24
• Failure to comply with minimum safety standards (Sec. 103 (a), RA 8550)
3. Failure
• to Comply
Commercial with Standards
Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
• Violation of catch ceilings (Sec. 101, RA 8550)

• Unauthorized fishing by commercial fishing vessel (Sec. 86, par 3, RA 8550)
• Poaching in Philippine Waters (Sec. 87 , 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)
• Fishing in fishery reserves, refuge and sanctuaries (Sec. 96, RA 8550)
• Unauthorized fishing or engaging in other unauthorized fisheries activities (Sec. 86, par. 1, RA 8550)
• Poaching in Philippine waters (Sec. 87, RA 8550)
• 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)

• Unauthorized commercial fishing within municipal waters (Sec 86, par 1, in relation to Sec. 18, RA 8550)
• Possession, dealing in, selling or in any manner disposing of illegally-caught fish, (Sec 88, par. 4, RA 8550)
• Ban on whale shark and manta rays (FAO 193, S. 1998)
• Importation or exportation of fish or fishery species (Sec. 100, RA 8550)
• Wildlife trading (Sec. 27(e), RA 9147)
• 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 fine mesh net (Sec, 89, 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
B. Failure Illegal use of
Comply superlights
with (Sec. 93, RA 8550)
Report Requirements
• Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
D. Mangrove Destruction
• Conversion of mangroves (Sec. 94, RA 8550)
• Destroying wildlife species (Sec. 27 (a), RA 9147)
• Obstruction to Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
C. Illegal Destroying
• Fishing of active
Activities nests,
and nestintrees,
Dealing host plants and
Illegally-Caught theorlike
Fish (Sec. 27
Fishery (g), RA 8550)
Products
•
1. Capture Aquatic pollution
of breeders, - Deforestation
spawners, eggs orcausing
fry similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
• 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
Unauthorized of Fish
possession Corrals/Traps,
of timber Fishproducts
or other forest Pens and Fish77,
(Sec. Cages
PD 705)
• Unlawful occupation or destruction of forest lands (Sec. 78, PD 705)
• Illegal occupation of National Parks System and recreation areas, and vandalism therein (Sec. 80, PD 705)
• Logging in critical habitats (Sec. 27(c)(v), RA 9147)
26
E. Mining & Quarrying
1. 3. Failure
Illegal to Comply
upland miningwith Standards
• 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)
• Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
• 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)
• Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)
• Undertake
5. Fishing withoutactivities
license in
orviolation of the
necessary EIA Law
permits or PD
or not 1586 (Sec.
complying 27(h),
with RA 9275) requirements
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
• 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)
relation to Sec. 110 of RA 7942)
27
3. Onshore mining
• 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)
B. Failure
• to Comply
Practice notwith Report Requirements
in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
• Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)
• Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
C.4.Illegal
Quarrying
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,
Ban spawners,
on extraction eggs
of gravel andor fry from beaches (Batas Pambansa 265)
sand
• Quarrying in critical habitats ((Sec. 27(c)(vi), RA 9147)
• Quarrying
2. Construction in areas closed
and Operation toCorrals/Traps,
of Fish mining applications: offshore
Fish Pens and seabed/marine
Fish Cages aggregate quarrying (Sec. 15, DAO 2010-21 in
28
F. NIPAS Protected Area Violations
• Illegal hunting (Sec. 20(a), RA 7586)
• Illegal destruction (Sec. 20(a), RA 7586)
• Illegal disturbance (Sec. 20(a), RA 7586)
• Illegal possession of plants or animals or products derived from protected areas (Sec. 20(a), RA 7586)
• Dumping of waste products (Sec. 20(b), RA 7586)
• Illegal use of motorized equipment (Sec. 20(c), RA 7586)
4. Fishing
• in overexploited
Mutilating, defacing orordestroying
fishery management areas
objects of beauty (Sec. 20(d), RA 7586)
• Damaging roads (Sec. 20(e), RA 7586)
• Squatting, mineral locating or occupation (Sec. 20(f) RA 7586)
• Illegal structure (Sec. 20(g), RA 7586)
• Leaving refuse or debris (Sec. 20(h), RA 7586)
• Altering boundary marks (Sec. 20(i), RA 7586)
G.5.Obstruction
Fishing without license orInspection
to Regulatory necessaryand
permits or notofcomplying
Disregard with documentary requirements
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)
• Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)
• Failure
6. Intrusion of or refusaland
licensed to submit reports,
unlicensed notices orfishers
commercial on theininformation, access to records as required by this Act, or permit
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)
• Logging in critical habitat (Sec. 27(c)(v), RA 9147)
• Kaingin (Sec. 53, PD 705)
• Burning in critical habitat (Sec. 27(c)(iv), RA 9147)
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)
• Introduction of wildlife resources (Sec. 27 (d), RA 9147)
• Discharge of material that causes pollution or obstructs natural flow (Sec. 27(a), RA 9275)
• Pollution of groundwater (Sec. 27 (b), RA 9275)
• Disposal of potentially infectious medical wastes into sea by vessels (Sec. 27 (d), RA 9275)
B. Failure
• to Comply with
Unauthorized Report or
transport Requirements
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)
• Operate facilities that discharge prohibited chemicals (Sec. 27 (g), RA 9275)
• Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)
• Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
C. Illegal
• Fishing Activities
Violation and Dealing
of the Marine PollutioninDecree
Illegally-Caught Fish
(Sec. 28, par or Fishery
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)
•
1. Capture Gross violation
of breeders, of the CWA-
spawners, eggsdeliberate
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 - Waste dumping/disposal (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)
• Violation of ECC terms and conditions (Sec. 9, PD 1586)
• 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
2. Failure to clean-up pollution
• Failure to undertake clean up operations (Sec. 28, par 2, RA 9275)
3. Failure
• to Comply
Failure to cleanwith Standards
up that results to serious injury (Sec. 28, par 2, RA 9275)
• Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)
3. Illegal discharge of mine tailings

5. Fishing
• without
Dumping license
waste or necessary
products permits detrimental
in critical habitats or not complying with
to wildlife documentary
(Sec. 27(c)(i), RA requirements
9147)
• Discharge of material that causes pollution or obstructs natural flow (Sec. 27 (a), RA 9275)
• Pollution of groundwater (Sec. 27 (b), RA 9275)
• Operating facilities without discharge permits (Sec. 27 (c), RA 9275)
• Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)
• Grossofviolation-
6. Intrusion licenseddeliberate discharge
and unlicensed of toxic pollutants
commercial fishers (Sec. 28 (a), RA
in municipal 9275)
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
• Aquatic and buying- Introduction
pollution illegally-caught fish & fishery
of substances species
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 - waste dumping/disposal (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 coral exploitation and exportation (Sec. 91, RA 8550)
• Gathering and marketing of shell fishes (Sec. 103 (c), RA 8550)
• Poaching in Philippine Waters (Sec. 87 , RA 8550)
• Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)
• Killing and destroying wildlife species (Sec. 27 (a), RA 9147)
B. Failure
• to Comply with
Collecting, Report
hunting Requirements
or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
• Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)
• Ban on whale shark and manta rays (FAO 193, S. 1998)
• Ban on dolphins, whales and porpoises (FAO 185, S. 1992, as amended by FAO 185-1, S. 1997)
C. Illegal
• Fishing
Poaching Activities and Dealing
in Philippine in Illegally-Caught
Waters (Sec. 87 , RA 8550) Fish or Fishery Products
• Killing and destroying wildlife species (Sec. 27 (a), RA 9147)
1. Capture
• of breeders,
Inflicting injuryspawners, eggsand/or
which cripples or fryimpairs the reproductive system of wildlife species (Sec. 27 (b) , RA 9147)
• Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
To to
3. Failure successfully
Comply with build a case against a person committing an illegal or destructive activity, the law enforcer must ensure that
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
prohibited act is also listed below. For a full statement of the provisions, see Annex 1.
1. Obstruction to the Use and Enjoyment of Foreshore Areas
Possible violation: Obstruction Recommended evidence for Penalties: Where to file:

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 Prosecutor’s Office
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
6. Intrusion of licensed and unlicensed commercial fishers in municipalBoth, upon the discretion of the
waters
2. Puts anything that obstructs To prove Elements #1-3: court
a. navigation or - Affidavit indicating existence of
b. flow of ebb and tide any obstruction in a stream, Administrative fine: not more
7. Marketing
3. In any and buying illegally-caughtriver,
fish lake
& fishery
or bayspecies than P10,000.00 or
a. stream, - Investigation report by the
b. river, investigating Cancellation of his permit or
c. lake, or team/apprehending officers license, or
d. bay - Picture or sketch of the
obstruction, and Both in the discretion of the
Secretary
33
- Certification from the PCG, Impoundment by the
NAMRIA or any other Department with the assistance
competent agency that the of the Philippine Coast Guard,
water body is a navigational PNP-Maritime Command
water
(Section 103)
Possible violation: Squatting or Recommended evidence for Penalties: Where to file:

otherwise occupying any portion Squatting
B. Failure to Comply with Report Requirements or otherwise
of the critical habitat (Sec. occupying any portion of the Imprisonment: 1 month to eight Prosecutor’s Office
27(c)(ii), RA 9147) critical habitat in relation to years and/or
Obstruction to the Use and
Elements: Enjoyment of Foreshore Areas: Fine: P5,000 to 5 million pesos
1. There is squatting or
occupation of a place by the To prove Element #1: Deportation, without any further
violator. - Photo or video showing proceedings, after service of
2. The
C. Illegal place Activities
Fishing occupied isand squatting or occupation
a Dealing in Illegally-Caught Fish orof a
Fishery sentence and payment of fines
Products
critical habitat as declared by place if offender is an alien.
the of
1. Capture DENR Secretary
breeders, in
spawners, Report on the squatting or
eggs- or fry
accordance with Section 25 of occupation Fines prescribed to be
RA 9147. - Affidavit of witness on the increased by at least 10%
3. The critical habitat is within squatting or occupation of a every three years
the foreshore area. place by the offender
(Section 28)
To prove element #2:
- Certification
2. Construction and Operation of Fish Corrals/Traps, or issuance
Fish Pens and that
Fish Cages
the place is designated as a
critical habitat
To prove element # 3:
- Certification from the FMB that
the critical habitat is within the
foreshore area
34
Possible violation: Unlawful Recommended evidence for Penalties: Where to file:
occupation or destruction of Unlawful occupation of forest
3. Failure
forest landstoand
Comply withlands
grazing Standardsland in relation to Obstruction to Fine: P500.00 to P20,000.00 Prosecutor’s Office
(Sec. 78, PD 705) the Use and Enjoyment of and
Foreshore Areas:
Elements: Enters, occupies or Imprisonment: 6 months to 2
possesses To prove element # 1: years for each such offense,
1.4. Fishing
The offender enters, occupies,
in overexploited Affidavit of witnesses
- management
or fishery areas attesting and
possesses any forest land and that the offender is occupying
grazing land the forest land or grazing land Payment: 10 times the rental
2. The offender has no authority fees and other charges which
under a license agreement, To prove element # 2: would have accrued had the
lease, license or permit to - Affidavit of apprehending party occupation and use of the land
possess such forest land and that no copy of such authority, been authorized under a
grazing land license agreement, lease, license agreement, lease,
5. Fishing without license or necessary license,
permitspermit
or nottocomplying license or permit
possess with documentary requirements
forest land was produced
when demanded by Maximum penalty for repeat
apprending party offenders
- Certification from the
appropriate DENR Office that Double the maximum of the
no such authority exists penalty for third-time offenders
(Section 78)
Possible violation:
7. Marketing Unlawful
and buying Recommended
illegally-caught Evidence
fish & fishery for
species Penalties: Where to file:
occupation or destruction of Unlawful destruction of forest
forest lands and grazing lands lands in relation to Obstruction Fine: P500.00 to P20,000.00 Prosecutor’s Office
(Sec. 78, PD 705) to the Use and Enjoyment of and
Foreshore Areas:
Elements: In any manner Imprisonment: 6 months to 2
destroys such forest land or part To prove element # 1: years for each such offense,
thereof - Picture of the destroyed forest and
1. The offender destroys forest land or part thereof
land or part in any manner - Affidavit of witness
35
2. The offender has no authority - Ocular inspection report by Payment:10 times the rental
3. The forestland is in the authorized representative of fees and other charges which
foreshore area concerned government agency would have accrued had the
occupation and use of the land
To prove element # 2: been authorized under a
- Certification from authorizing license agreement, lease,
agency to the effect that no license or permit
authority was issued
B. Failure to Comply with Report Requirements Maximum penalty for repeat
To prove element# 3: offenders
- Certification that the forest
land is within the foreshore Double the maximum of the
area penalty for third-time offenders
Possible violation: Unlawful Recommended evidence for (Section 78)

forest Fishing
C. Illegal lands and grazingand
Activities lands
Dealinglands in relation to Obstruction
(Sec. 78, PD 705) to the Use and Enjoyment of
1. Capture of breeders, spawners, eggsForeshore
or fry Areas:
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
2. Construction timber stand and
Operation - Affidavit of Fish
of Fish Corrals/Traps, witnesses
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:
land is within the foreshore
area
36
Possible violation: Unlawful Recommended evidence for
occupation or destruction of Assists, aids or abets any other
3. Failure
forest lands toand
Comply withlands
grazing Standardsperson to destroy forest land in
(Sec. 78, PD 705) relation to Obstruction to the Use
and Enjoyment of Foreshore
Elements: Assists, aids or abets Areas:
any other person to do so
1.4. Fishing
The offender assisted, aided
in overexploited Tomanagement
or fishery prove elementareas
# 1 & 2:
or abetted a person - Pictures of damaged timber
2. Such person caused damage stand and other forest
to the timber stand and other products and forest growth
products and forest growth - Site inspection report
3. The forest land is within a - Affidavit of witnesses attesting
foreshore area to the damage to the timber
stand, other products and
5. Fishing without license or necessary forest growth
permits or notin the forest with documentary requirements
complying
area
6. Intrusion
Possible of licensed
violation: and unlicensed
Unlawful commercialevidence
Recommended fishers infor
municipal waters
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)
7. Marketing Obstruction
and buying illegally-caught to the Use
fish & fishery and
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. That the offender refused to To prove element # 3:
vacate the area occupied - Affidavit of witness
despite the order - Investigation report showing
4. The forest land is part of the the continuous occupation of
foreshore area the area by the offender and
refusal to vacate
Certification that the forest land
is within the foreshore area
Possible violation: Overstaying Recommended evidence for Penalties: Where to file:

or building structures in Overstaying or building
easement areas (Art. 51, PD structures in easement areas in Administrative penalties (e.g., DENR for
1067) relation to Obstruction to the Use demolition) administrative cases
and Enjoyment of Foreshore
Elements:
C. Illegal Fishing Activities and DealingAreas: Civil penalties in case of
in Illegally-Caught Fish or Fishery Products Appropriate court for
1. The offender is any person, damages civil cases
natural
1. Capture or juridicalspawners, eggsTo
of breeders, orprove
fry element # 1, 2 & 3:
2. The offender stays or builds - Testimony of witnesses
structures attesting to the existence of a
3. Within the easement areas structure or that the offender is
a. 3 meters along the staying in the area longer than
margin of river, is necessary for the activities
streams and shores mentioned in the law
2. Construction andin urban
Operation - Certification
areas of Fish Corrals/Traps, of proper
Fish Pens and Fish Cages
b. 20 meters in authorities that area is within
agricultural areas the designated easement area
c. 40 meters in forest - Picture of structure/s build in
areas the easement
4. Such stay is in excess of what
is necessary for recreation,
navigation, floatage, fishing or
salvage
38
Possible violation: Unauthorized Recommended evidence for Penalties: Whereto file:
obstruction of river or waterway Unauthorized obstruction of river
3. occupancy
or Failure to Comply with Standards
of riverbank or or waterway or occupancy of Prosecutor’s Office
seashore (Art. 91 (B)(3), PD riverbank or seashore in relation Imprisonment exceeding three
1067) to Obstruction to the Use and years but not more than six
Enjoyment of Foreshore Areas: years
Elements:
4. FishingOccupancy of
in overexploited Tomanagement
# 1: Fine exceeding three thousand
riverbank or seashore - Testimony of witnesses but not more than six thousand
- Picture of area occupied
1. There is occupancy of a - Ocular inspection or investigation Both at the discretion of the
riverbank or seashore; report court
2. The occupancy is without
permission. To prove element # 2:
- Certification from DENR that
5. Fishing without license or necessarysuch obstruction
permits is complying
or not not permitted
with documentary requirements
Possible violation: Unauthorized Recommended evidence for Penalties: Where to file:

issuance of tax declaration (Sec. Unauthorized issuance of tax
85, PD 705) declaration in relation to Imprisonment:2 to 4 years Prosecutor’s Office
Obstruction to the Use and
Elements: Enjoyment of Foreshore Areas: Perpetual disqualification from
1.6. Intrusion
Offenderof is licensed and unlicensed
a public officer or commercial fishers in municipalholding
waterselective or appointive
employee; To prove element # 1: office
2. Offender issues tax - Certification from concerned
declaration
7. Marketing to abuying
and real property
illegally-caughtgovernment office/officer
fish & fishery species that
3. He issued such tax the offender is a public officer
declaration without or employee
certification from Director of
Forest Development AND To prove element # 2:
Director of Lands (now DENR - Certified True Copy of the tax
based on EO No. 192) that the declaration issued with
area declared for taxation is signature of the offender
alienable and disposable land affixed to it
39
4. The property declared for To prove element # 3:
taxation is not titled nor - Certification from concerned
occupied and possessed by government agency that no
IPs/ICC before July 4, 1955 such A & D certification was
issued; or
- Certification that the land is a
forest land and not classified
as A & D
- Certification from the Register
of Deeds that no title was
issued for the said parcel of
land; and
- Certification from the NCIP or
LGU that the subject property
is not occupied or
C. Illegal Fishing Activities and Dealing in Illegally-Caught possessed
Fish or Fishery Products
by the IPs/ICCs before July 4,
1. Capture of breeders, spawners, eggs or fry 1955
40
DENR approval
Possible violation: Conversion Recommended evidence for Penalties: Where to file:
of mangroves (Sec. 94, RA 8550) Conversion of mangroves in
relation to Construction of Imprisonment: 6 years and 1 Prosecutor’s Office
Elements: seawalls, jetties, reclamation day to 12 years and/or
1.4. Fishing
A mangrove area is converted
in overexploited areas,
or fishery housing, ports,
management areas harbors,
2. Such conversion is for— or any structure in foreshore Fine: P80,000.00
a. Fishpond and/or areas without DENR approval:
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
Possible violation: Cutting, Recommended evidence for Penalties: Where to file:
Gathering and/or Collecting Cutting, Gathering and/or
Timber, or Other
7. Marketing andForest Collecting
buying illegally-caught fish &Timber,
fisheryor Other
species Value of logs or forest Prosecutor’s Office
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
- The offender cuts, gathers without DENR approval: toP50.00
and/or collects timber Imprisonment: 8 years and 1
- The cutting, gathering and/or day to 12 years
41
collection of timber is done To prove element # 1:
without license - Pieces of mangroves cut, Value of logs or forest
gathered and/or collected or products: more than P50.00 to
Notes: DAO 80, series of 1987 photographs P200.00
classifies mangrove, irrespective - Affidavit of a witness Imprisonment: 8 years and 1
of size, as timber. attesting to the cutting or day to 12 years
gathering
Moreover, PD 705 as amended by Value of logs or forest
Sec. 4 of
B. Failure toRA 7161 prohibits
Comply the Requirements
with Report To prove element # 2: products: more than P200.00
cutting of all species of - Certification of concerned to P6,000
mangroves. DOJ Opinion No. 23, agencies attesting that no Imprisonment: 8 years and 1
Series of 1994 supports the such license was issued to day to 12 years
interpretation favoring ban on the offender
mangrove cutting. Value of logs or forest
products: more than P6,000 to
P12,000
“Timber”
C. Illegal shall mean
Fishing a piece
Activities of Dealing in Illegally-Caught Fish or FisheryImprisonment:
and Products 10 years and 1
wood having an average diameter day to 12 years
of at least
1. Capture of15 cm and aspawners,
breeders, length of ateggs or fry
least 1.5 m., except all mangrove Value of logs or forest
species which in all cases, shall be products: more than P12,000
considered as timber regardless of to P22,000
size (Sec. 1.11, DAO 80, S. 1987) Imprisonment: 14 years, 8
months and 1 day to 20 years
Value of logs or forest

products: more than P22,000
Imprisonment: 15 years, 2
months and 21 days to 20
years (additional 1 year for
every P10,000 in excess of the
P22,000), however, not to
exceed 20 years
42
Deportation without further
proceedings if persons liable
3. Failure to Comply with Standards are aliens.
Confiscation in favor of the

government of the timber or
any forest products cut,
4. Fishing in overexploited or fishery management areas gathered, collected, removed,
or possessed, as well as the
machinery, equipment,
implements and tools illegally
used in the area where the
timber or forest products are
found.
5. Fishing without license or necessary permits or not complying with(Sec. 77, PD 705requirements
documentary imposing
penalties prescribed in Art. 310
(qualified theft) in relation to
Article 309 (penalty for theft) of
the Revised Penal Code)
to Navigation or Flow and Ebb Obstruction to Navigation or
of6.Tide
Intrusion
in anyofStream,
licensed and unlicensed
River, Flow commercial fishers
and Ebb of Tide in municipal
in any waters
Fine: P2,000 to P10,000 or Prosecutor’s Office
Lake or Bay (Sec. 103 (d), RA Stream, River, Lake or Bay in
8550) relation to Construction of Imprisonment: 1month and
seawalls,
7. Marketing and buying illegally-caught fishjetties, reclamation
& fishery species 1day to 6 months, or
Elements: areas, housing, ports, harbors,
1. Any person/entity or any structure in foreshore Both, upon the discretion of the
2. Puts anything that obstructs areas without DENR approval: court
a. navigation or
b. flow of ebb and tide To prove Elements #1-3: Administrative fine: not more
3. In any - Affidavit indicating existence than P10,000.00 or
a. stream, of any obstruction in a
b. river, stream, river, lake or bay Cancellation of his permit or
c. lake or - Investigation report by the license, or
43
d. bay investigating
team/apprehending officers Both in the discretion of the
- Picture or sketch of the Secretary
obstruction, and
Certification from the PCG, Impoundment by the
NAMRIA or any other competent Department with the assistance
agency that the water body is a of the Philippine Coast Guard,
navigational water PNP-Maritime Command
(Section 103)

of Defined Migration Paths (Sec. Obstruction of Defined
105, RA 8550 in relation to FAO Migration Paths in relation to Imprisonment: 7 to 12 years or Prosecutor’s Office
217, Series of 2001) Construction of seawalls,
jetties, reclamation areas, Fine: P50,000.00 to
Elements:
C. Illegal Fishing Activities and Dealinghousing, ports, harbors,
in Illegally-Caught Fish or
or any
FisheryP100,000.00
Products or
1. A migration path of structure in foreshore areas
anadromous,
1. Capture spawners, eggswithout
catadromous,
of breeders, or fry DENR approval: Both, at the discretion of the
and other migratory species is court, and
defined To prove Elements #1-2:
2. Such migratory path was - Affidavit indicating existence Cancellation of permit/license,
obstructed of obstructions in a defined if any, and
migration path
Note: FAO 217, S. 2001 identifies - Investigation report by the Dismantling of obstruction shall
the defined migration
2. Construction paths in of
and Operation investigating
theFish Corrals/Traps, team
Fish be at his own expense and
Pens and Fish Cages
Philippines. - Picture or sketch of the confiscation of same.
obstruction by the
apprehending officers or (Section 105)
other witnesses
- Certification by BFAR that
the area obstructed is a
defined migration path
44
Possible violation: Squatting or Recommended evidence for Penalties: Where to file:
otherwise occupying any Squatting or otherwise
3. Failure
portion to Comply
of the with Standards
critical habitat occupying any portion of the Imprisonment: 1 month to eight Prosecutor’s Office
(Sec. 27(c)(ii), RA 9147) critical habitat in relation to years and/or
Construction of seawalls,
Elements: jetties, reclamation areas, Fine: P5,000 to 5 million pesos
1. There is squatting or housing, ports, harbors, or any
occupation
4. Fishing of a place by the
in overexploited structure
or fishery in foreshore
management areas areas Deportation, without any further
violator without DENR approval: proceedings, after service of
2. The place occupied is a sentence and payment of fines
critical habitat as declared by To prove Element #1: if offender is an alien.
the DENR Secretary in - Photo or video showing
accordance with Section 25 of squatting or occupation of a Fines prescribed to be
RA 9147 place increased by at least 10%
3. The critical habitat is within - Report on the squatting or every three years
the foreshore
5. Fishing without license or necessaryoccupation
area. permits or not complying with documentary requirements
- Affidavit of witness on the (Section 28)
squatting or occupation of a
place by the offender

- Certification or issuance that
6. Intrusion of licensed and unlicensed the
commercial fishers in as
place is designated municipal
a waters
critical habitat
- Certification from the FMB
that the critical habitat is
within the foreshore area
45
Possible violation: Undertake Recommended evidence for Penalties: Where to file:
activities in violation of the EIA Undertaking activities in
Law or PD 1586 (Sec. 27(h), RA violation of the EIA Law or PD To be imposed by the EMB Regional Director
9275) 1586 in relation to Construction Secretary, upon PAB or Pollution
of seawalls, jetties, reclamation recommendation: Adjudication Board
Elements: areas, housing, ports, harbors, (PAB)
or any structure in foreshore Fine: P10,000.00 to
1. Violator undertakes areas without DENR approval: P200,000.00 for every day of
a) activities or
B. Failure to Comply with Report Requirements violation, to be increased 10%
development and To prove Element #1: every 2 years
expansion of - Photo or video showing that
project, or violator is undertaking
b) Violator operates activities or development
wastewater/sewerag and expansion of projects or
e facilities operated
wastewater/sewerage
2. Acts
C. Illegal violateActivities
Fishing the facilities
and Dealing in Illegally-Caught Fish or FisheryClosure,
Productssuspension of
Environmental Impact development or construction,
Statement
1. Capture System
of breeders, Law
spawners, Report on the
eggs- or fry or cessation of operations or,
(Presidential Decree abovementioned activities disconnection of water supply,
No.1586) and its - Affidavit of witness on the until compliance (order may be
implementing rules and abovementioned activities of issued ex parte pending case)
regulations. the offender
(Section 28)
Note: For projects covered by PD To prove Element #2:
1586, see complete
2. Construction list in Annex
and Operation - CertificationFish
of Fish Corrals/Traps, fromPens
EMBandon Fish Cages
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
46
1. Material shall or may Recommended evidence for Penalties: Where to file:
a. impede or obstruct Violation of Sec. 4(c) of the
navigation with
or StandardsMarine Pollution Decree in Fine: P50,000.00 to Prosecutor’s Office
b. increase the level of relation to Construction of P1,000,000.00
pollution of such seawalls, jetties, reclamation
water. areas, housing, ports, harbors, Imprisonment: 1 year to 6
or any structure in foreshore years
Exceptions:
4. Fishing in overexploited or fishery areas without DENR
management areas approval: or both, for each offense,
1) Emergency imperiling life or without prejudice to the civil
property, or To prove Element #1: liability of the offender in
2) Unavoidable accident, - Affidavit of witness as to the accordance with existing laws
collision, or stranding or deposit of material of any
3) In any cases which constitute kind
danger to human life or - Investigation report on the
property or incident
4)5. Fishing
A real threat
withoutto vessels, -
license or necessary Photo
permitsor video
or notshowing the with documentary requirements
complying
aircraft, platforms, or other act
man-made structure, or - Apprehension report with
5) If dumping appears to be the inventory and seizure receipt
only way of averting the threat
and if there is probability that To prove Element #2-5:
the damage consequent upon - Sample of deposited
such dumping will be and
less unlicensed material
commercial fishers in municipal waters
than would otherwise occur, - Results/certification of
and as otherwise permitted laboratory examination of
by regulations prescribed by deposited material
the National Pollution Control - Affidavit that material:
Commission or the Philippine a. shall be liable to be washed
Coast Guard into such navigable water, either
by ordinary or high tides, or by
storms or floods, or otherwise, or
b. shall or may impede or obstruct
navigation, or
c. shall or may increase the level
of pollution of such water
47
Possible violation: Violation of Recommended evidence for Penalties: Where to file:
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 Prosecutor’s Office
4(b) of PD 979) relation to Construction of P1,000,000.00
seawalls, jetties, reclamation
Elements: areas, housing, ports, harbors, Imprisonment: 1 year to 6
or any structure in foreshore years
Act is in violation of Section 4 of areas without DENR approval:
PD 979,to
B. Failure such that: with Report Requirements
Comply or both, for each offense,
1. Offender throws, discharges To prove Elements #1-2: without prejudice to the civil
or deposits, dumps, or - Affidavit of witness as to the liability of the offender in
causes, suffers or procures to incident and location of the accordance with existing laws
be thrown, discharged, or source
deposited - Investigation report on the
2. from the shore, wharf incident and location
3. any refuse matter of any kind - Photo or video showing the
orFishing
C. Illegal description whatever
Activities andother act
than that flowing from streets
andof
1. Capture sewers and passing
breeders, spawners, eggsToorprove
fry Elements #3-4:
therefrom in a liquid state - Sample of the refuse matter
4. into tributary of any navigable - Results/certification of
water from which the same laboratory examination of
shall float or be washed into discharged oil harmful
such navigable water substance
possibility of
2. Construction and Operation of Fish Corrals/Traps, refuse
Fish matter
Pens and of
Fish Cages
being washed into such
navigable water
48
Possible violation: Undertaking Recommended evidence for Penalties: Where to file:
project without ECC (Sec. 4, PD Undertaking project without
1586) ECC in relation to Construction Fine: not to exceed P50,000 for Regional EMB Director
of seawalls, jetties, reclamation every violation
Elements: areas, housing, ports, harbors,
or any structure in foreshore
1. The project is a declared ECP areas without DENR approval:
or in a declared
4. Fishing ECA
in overexploited or fishery management areas
2. Actual undertaking or To prove Elements #1 and #2:
operating the declared ECP - Certification from the EMB
or project in an ECA by a that the project is an ECP or
person, partnership or is in an ECA
corporation - Photo or video showing that
3. The project has no ECC person, partnership or
corporation is undertaking
For a list
4.5. Fishing of ECPs
without or necessaryactivities
and ECAs,
license permits oror operating projectwith documentary requirements
not complying
see Annex 4. that is a declared ECP or in
an ECA
- Investigation report on the
abovementioned activities
- Affidavit of witness on the
To prove Element #3
Certification from EMB on the
lack of ECC
49
EMB Rules on EIA (Sec. 9, PD Violation of EMB Rules on EIA
1586) in relation to Construction of EMB Regional Office
seawalls, jetties, reclamation Suspension or cancellation of
Elements: areas, housing, ports, harbors, the ECC
1. There are standards, rules, or any structure in foreshore
and regulations issued by the areas without DENR approval: Fine: not to exceed P50,000 for
EMB pursuant to PD 1586 every violation
2. Violation
B. Failure of thewith
to Comply standards,
Report Requirements To prove Elements #1-2:
rules and regulations - Affidavit of witness as to
violation of the standards,
rules and regulations
issued by the EMB
violation
- Photo or video showing
the act, if applicable
Possibleofviolation:
1. Capture breeders,Unlawful
spawners, eggsRecommended
or fry evidence for Penalties: Where to file:
occupation or destruction of Unlawful occupation of forest
forest lands and grazing lands land in relation to Construction Fine: P500.00 to P20,000.00 Prosecutor’s Office
(Sec. 78, PD 705) of seawalls, jetties, reclamation and
areas, housing, ports, harbors,
Elements: Enters, occupies or or any structure in foreshore Imprisonment: 6 months to 2
possesses areas without DENR approval: years for each such offense,
1. The offender
2. Construction and enters, and
occupies, possesses any To prove element # 1:
forest land and grazing land - Affidavit of witnesses Payment: 10 times the rental
2. The offender has no authority attesting that the offender is fees and other charges which
under a license agreement, occupying the forest land or would have accrued had the
lease, license or permit to grazing land; occupation and use of the land
possess such forest land and been authorized under a
grazing land To prove element # 2: license agreement, lease,
- Affidavit of apprehending license or permit
party that no copy of such
50
authority, license agreement, Maximum penalty for repeat
lease, license, permit to offenders
3. Failure to Comply with Standards possess forest land was
produced when demanded Double the maximum of the
by apprehending party; penalty for third-time offenders
appropriate DENR Office (Section 78)
that no such areas
4. Fishing in overexploited or fishery management authority exists
Possible violation: Unlawful Recommended Evidence for Penalties: Where to file:
forest lands and grazing lands lands in relation to Fine: P500.00 to P20,000.00 Prosecutor’s Office
(Sec. 78, PD 705) Construction of seawalls, and
jetties, reclamation areas,
Elements: In any manner housing, ports, harbors, or any Imprisonment: 6 months to 2
destroys such forest land or structure in foreshore areas years for each such offense,
part thereofwithout license or necessary
5. Fishing without DENRorapproval:
permits not complying withand documentary requirements
1. The offender destroys forest
land or part in any manner To prove element # 1: Payment:10 times the rental
2. The offender has no authority - Picture of the destroyed fees and other charges which
3. The forestland is in the forest land or part thereof would have accrued had the
foreshore area - Affidavit of witness occupation and use of the land
- Ocular inspection report by been authorized under a
6. Intrusion of licensed and unlicensed authorized
commercial fishers in municipal
representative of waters
license agreement, lease,
concerned government license or permit
agency
7. Marketing and buying illegally-caught fish & fishery species Maximum penalty for repeat
To prove element # 2: offenders
- Certification from authorizing
agency to the effect that no Double the maximum of the
authority was issued. penalty for third-time offenders
To prove element# 3: (Section 78)

area
51
forest lands and grazing lands lands in relation to
(Sec. 78, PD 705) Construction of seawalls,
Elements: Causes any damage housing, ports, harbors, or any
to the timber stand and other structure in foreshore areas
products and forest growth without DENR approval:
found therein
1. The offender causes damage To prove element # 1:
a. to the timber stand - Pictures of damaged timber
and stand and other forest
b. other products and products and forest growth
c. forest growth found - Site inspection report
in the forest - Affidavit of witnesses
2. The forest land is within the attesting to the damage to
foreshore
C. Illegal Fishing area the timber stand,Fish
Activities and Dealing in Illegally-Caught otheror Fishery Products
products and forest growth in
1. Capture of breeders, spawners, eggs or fry the forest
area
52
occupation or destruction of Assisting, aiding or abetting
3. Failure
forest lands toand
Comply withlands
grazing Standardsany other person to destroy
(Sec. 78, PD 705) forest land in relation to
Elements: Assists, aids or abets jetties, reclamation areas,
any other person to do so housing, ports, harbors, or any
1.4. Fishing
The offender assisted, aided
in overexploited structure
or fishery in foreshore
management areas areas
or abetted a person without DENR approval:
2. Such person caused damage
to the timber stand and other To prove element # 1 & 2:
products and forest growth - Pictures of damaged timber
3. The forest land is within a stand and other forest
foreshore area products and forest growth
- Site inspection report
5. Fishing without license or necessary - Affidavit
permitsoforwitnesses
attesting to the damage to
the timber stand, other
products and forest growth in
the forest
- commercialthat
Certification fishers in municipal waters
the forest
area
53
occupation or destruction of Refusal to vacate forest land
forest lands and grazing lands when told to do so in relation
(Sec. 78, PD 705) to Construction of seawalls,
Elements: Refuses to vacate the housing, ports, harbors, or any
area when ordered to do so structure in foreshore areas
1. The offender occupied an without DENR approval:
area
B. Failure towhich
Complyis part
withofReport
a forestRequirements
2. That there is an order by To prove element # 1:
competent authority to vacate - Picture of the area occupied
the area - Site inspection report
3. That the offender refused to
vacate the area occupied To prove element # 2:
despite the order - Copy of the order of
4. The forest land is part of the competent authority
foreshore
C. Illegal Fishing area
Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of breeders, spawners, eggs- or fry Affidavit of witness
- Investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate
CertificationFish
2. Construction and Operation of Fish Corrals/Traps,
- thatPens
the forest
and Fish Cages
area
54
Possible violation: Overstaying Recommended evidence for Penalties: Where to file:
or building structures in Overstaying or building
3. Failure areas
easement to Comply withPD
(Art. 51, Standards structures in easement areas in Administrative penalties (e.g., DENR for
1067) relation to Construction of demolition) administrative cases
Elements: areas, housing, ports, harbors, Civil penalties in case of Appropriate court for
1. The offender is any person, or any structure in foreshore damages civil cases
natural in
4. Fishing or overexploited
juridical areas
or fishery without DENR
management areas approval:
2. The offender stays or builds
structures To prove element # 1, 2 & 3:
3. Within the easement areas - Testimony of witnesses
a. 3 meters along the attesting to the existence of
margin of river, a structure or that the
streams and shores offender is staying in the
in urban areas area longer than is
b. without
5. Fishing 20 meters in or necessarynecessary
license permits orfornot
thecomplying
activities with documentary requirements
agricultural areas mentioned in the law
c. 40 meters in forest - Certification of proper
areas authorities that area is within
4. Such stay is in excess of what the designated easement
is necessary for recreation, area
navigation, floatage, fishing or - Picture of structure/s build in
6. Intrusion
salvage of licensed and unlicensed the commercial
easementfishers in municipal waters
55
Possible violation: Recommended evidence for Penalties: Whereto file:
Unauthorized obstruction of Unauthorized obstruction of
river or waterway or occupancy river or waterway or occupancy Imprisonment exceeding three Prosecutor’s Office
of riverbank or seashore (Art. 91 of riverbank or seashore in years but not more than six
(B)(3), PD 1067) relation to Construction of years
Elements: Occupancy of areas, housing, ports, harbors, Fine exceeding three thousand
riverbank or seashore or any structure in foreshore but not more than six thousand
1. There is occupancy of a areas without DENR approval:
riverbank or seashore; Both at the discretion of the
2. The occupancy is without To prove element # 1: court
permission. - Testimony of witnesses
- Picture of area occupied
- Ocular inspection or
investigation report
C. Illegal Fishing Activities and DealingToinprove element # 2:Fish or Fishery Products

Illegally-Caught
1. Capture of breeders, spawners, eggs or fry such obstruction is not
permitted
Possible violation: Recommended evidence for Penalties: Where to file:

Unauthorized issuance of tax Unauthorized issuance of tax
declaration (Sec. 85, PD 705) declaration in relation to Imprisonment:2 to 4 years Prosecutor’s Office
Elements: and Operation of Fish Corrals/Traps,
2. Construction jetties, reclamation
Fish areas, Perpetual disqualification from
Pens and Fish Cages
1. Offender is a public officer or housing, ports, harbors, or any holding elective or appointive
employee; structure in foreshore areas office
2. Offender issues tax without DENR approval:
declaration to a real property
3. He issued such tax To prove element # 1:
declaration without - Certification from concerned
certification from Director of government office/officer that
Forest Development AND the offender is a public
Director of Lands (now DENR officer or employee
56
based on EO No. 192) that
the area declared for taxation To prove element # 2:
is alienable with Standards
and disposable - Certified True Copy of the
land tax declaration issued with
4. The property declared for signature of the offender
taxation is not titled nor affixed to it
occupied and possessed by
IPs/ICCinbefore
4. Fishing July 4, 1955
overexploited To management
# 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
Register of Deeds that no
title was issued for the said
parcel of land; and
- Certification from the NCIP
6. Intrusion of licensed and unlicensed or commercial
LGU that thefishers in municipal waters
subject
property is not occupied or
possessed by the IPs/ICCs
7. Marketing and buying illegally-caughtbeforefish &July 4, 1955
fishery species
57
Possible violation: Failure to Recommended evidence for Penalties: Where to file:
conduct yearly report on FLA Failure to conduct yearly report
(Sec. 103 (b), RA 8550) on FLA in relation to Failure to Immediate cancellation of FLA BFAR Office
comply with report
Elements: when offender is FLA requirements: (Section 103 (b))
holder
- Copy of the FLA indicating the - added to every penalty:
1. The offender is holder of accused as the holder
B. Failure to Comply with Report Requirements Forfeiture of the proceeds of
Fishpond Lease Agreement - Copy of BFAR notice requiring such offense and the
(FLA) yearly report instruments or tools with which
2. He fails to render annual report - Result of investigation by the it was committed
when due investigating team indicating
failure to comply with the (Section 103)
annual reporting requirement
Possible
C. Illegal violation:
Fishing andorDealing Recommended
Refusal
Activities in Illegally-Caught evidence
Fish orfor Penalties:
Fishery Products Where to file:
failure to submit reports whenever Refusal or failure to submit
required of
1. Capture bybreeders,
the Department in
spawners, eggs reports
or fry whenever required by To be imposed by the EMB Office or PAB
accordance with the Clean Water the Department in accordance Secretary, upon PAB
Act (Sec. 27 (m), RA 9275) with the Clean Water Act in 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 To prove Element #1: violation, to be increased 10%
2. Construction - Report and
reports and Operation of Fish Corrals/Traps, Affidavit
Fish PensofandDENR every 2 years
Fish Cages
2. Reports are required by the officials as to the refusal or
DENR in accordance with the failure to submit reports 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
Possible violation: Failure or Recommended evidence for Penalties: Where to file:
refusal to submit reports, notices or Failure or refusal to submit
3. Failure
other to Comply
information (Sec. with Standards
13 (b), RA reports, notices or other Imprisonment: 6 months and Prosecutor’s Office
6969) information in relation to Failure one day to 6 years and one day
to comply with report and a
Elements: requirements:
1. Failure or refusal to submit Fine: Php600.00 to P4,000.00
a. in Reports
4. Fishing Tomanagement
overexploited or fishery prove Elements #1-2:
areas
b. Notices - Report and Affidavit of DENR Shall not be covered by the
c. Other information officials as to the failure or Probation Law.
2. The reports, notices, other refusal to submit reports,
information are required under notices or other information Deportation and bar from any
RA 6969 - Failure to allow access to subsequent entry into the
records required by RA 6969 Philippines after serving his or
- Failure to permit inspection her sentence if the offender is a
foreigner
(Section 14 (a)(i))
59

Possible violation: Capture of sabalo, and Recommended evidence for Capture Penalties: Where to
other breeders/spawners (Sec. 98, RA of sabalo, and other file:
8550) breeders/spawners in relation to Imprisonment: 6 months
Capture of breeders, spawners, eggs and 1 day to 8 years Prosecutor’s
Elements: or fry: and/or Office for
1. A person/entity is— Report Requirements criminal
a. Catching To prove Elements #1-3: Fine: P80,000.00 and charges
b. Gathering - Affidavit of the apprehending
c. Capturing officer(s) indicating— Forfeiture of the catch, BFAR for
d. Possessing o The identity and personal and fishing equipment revocation of
2. The fisheries species involved is— circumstances of the used, and license
a. Mature milkfish called apprehended person
“sabalo” o The circumstances of the Revocation of license
C. Illegal Fishingb.Activities and Dealing
Other breeders or in Illegally-Caught Fishactorsuch
Fishery Products
as catching,
spawners as determined gathering, capturing or (Section 98)
1. Capture of breeders,by spawners, eggsofor fry
the Department possessing
Agriculture o Taking samples and
3. The purpose of catching, gathering, issuance of appropriate
capturing or possessing is not for local receipt evidencing the
breeding, or scientific or research taking of samples
purposes - Positive identification and
certification by BFAR of the
2. Construction and Operation of Fish Corrals/Traps,species Fish Pens and Sabalo
is either Fish Cages
or other
breeders/spawners
- Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts
60
Possible violation: Exporting of breeders, Recommended evidence for Penalties: Where to
spawners, eggs or fry (Sec. 99, RA 8550) Exporting of breeders, spawners, file:
3. Failure to Comply with Standards eggs or fry in relation to Capture of Imprisonment: 8 years,
breeders, spawners, eggs or fry: Prosecutor’s
Element: Confiscation of the Office for the
1. A person/entity exports To prove Element #1: breeders, spawners, criminal
a. Breeder - Affidavit of the apprehending eggs or fry, or charges
4. Fishing in b. Spawner or fishery management
overexploited officer(s)
areas indicating—
c. Eggs, or o The identity and personal Fine equivalent to BFAR for the
d. Fry circumstances of the double the value of the revocation of
apprehended person same, and the fishing
o The circumstances of the and/or export
exportation of the Revocation of the fishing license/permit
breeders, spawners, and/or export
eggs or fry license/permit
5. Fishing without license or necessary permits - Positive
or identification
not complying and
certification by BFAR or duly (Section 99)
deputized officer of the breeder,
spawner, eggs or fry
Possible violation: Unauthorized fishing Recommended evidence for Penalties: Where to
or engaging in other unauthorized Unauthorized fishing or engaging in file:
fisheries activities
7. Marketing (Section
and buying 86, par 1, RA fishother
illegally-caught unauthorized
& fishery species fisheries On any commercial
8550) activities in relation to Capture of fishing boat captain or Prosecutor’s
breeders, spawners, eggs or fry: the three (3) highest Office for
Unauthorized Fishing officers of the boat: criminal
To prove Elements #1-2: charges
Elements: - Affidavit of apprehending officer(s) Fine: equivalent to value
1. A person or entity exploit, occupy, indicating— of catch or P10,000.00, BFAR for
produce, breed, culture, capture or o Actual exploitation, whichever is higher, and automatic
gather occupation, production, revocation of
a. Fish, fry or fingerlings of any breeding, culture, capture Imprisonment: 6 license to fish
61
fishery species or or gathering months,
b. fishery products o Fish, fry or fingerlings of
2. The fishery activity is done in Philippine any fishery species or Confiscation of catch
waters fishery products and fishing gears, and
3. It is done without license, lease or o The location of the
permit activity is within Automatic revocation of
Philippine waters or the license.
position of the vessel
Note:
B. Failure to Comply with Report Requirements when applicable (Section 86)
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
Exception: fishing for daily food sustenance disposal or turnover receipts
or for leisure
C. Illegal Fishingwhich is not for
Activities andcommercial, - PictureFish
Dealing in Illegally-Caught of the
oractivity
Fishery subject of the
Products
occupation or livelihood purposes offense and other objects showing
1. Capture of breeders, spawners, eggs or fry the location of the activity, and
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
2. Construction and Operation of Fish Corrals/Traps,lease Fish was
Pensissued in favor
and Fish of the
Cages
accused
Possible violation: Unauthorized fishing Recommended evidence for

or engaging in other unauthorized Unauthorized fishing or engaging in
fisheries activities (Section 86, par 1, RA other unauthorized fisheries
8550) activities in relation to Capture of
breeders, spawners, eggs or fry:
Engaging in Other Unauthorized
Fisheries Activities To prove element #1-3:
62
- Affidavit of apprehending officer
Elements: that
1.3. Failure to Comply
A person/entity with Standards
is engaged in any o such person or entity is
fishery activity engaging in fishery activity
2. The fishery activity is done in Philippine o the activity is within
waters Philippine waters
3. It is done without license, lease or o Upon apprehension, no
permit in overexploited or fishery management areaslicense, lease or permit
4. Fishing
was shown
Note: - Picture of the activity subject of the
Discovery of any person in an area where he offense and other objects showing
has no permit or registration papers for a the location of the activity, and
fishing vessel shall constitute a prima facie fishing vessel and/or receipt if
presumption that the person and/or vessel is impounded fishing boat, when
engaged in unauthorized fishing. applicable
-
5. Fishing without license or necessary permits Certification
or duly issued
not complying by the
Exception: fishing for daily food sustenance BFAR/LGU/other competent
or for leisure which is not for commercial, authority that no permit, license or
occupation or livelihood purposes lease was issued in favor of the
accused
6. Intrusion of licensed and unlicensed commercial fishers
disposal in municipal
or turnover waters
receipts
Possible violation: Importation or Recommended evidence for Penalties: Where to

exportation
7. Marketingofand
fishbuying
or fishery species
illegally-caught fishImportation or exportation of fish or
& fishery species file:
(Sec. 100, RA 8550) fishery species in relation to Capture Imprisonment: 8 years
of breeders, spawners, eggs or fry: Prosecutor’s
Elements: Fine: P80,000.00 and Office for
1. A person/entity engages in— To prove Elements #1-2: criminal
a. Importation - Affidavit of the apprehending Destruction of live charges
b. Exportation officer(s) indicating— fishery species or
2. Of fish or fishery species (breeders, o The identity and BFAR for ban
spawners, eggs or fry) personal Forfeiture of non-live
3. Such importation or exportation violates circumstances of the fishery species in favor
63
the Fisheries Code apprehended person of the department for its
o The circumstances proper disposition:
showing the act of
exportation or Ban from being
importation members or stock
o Taking of specimen holders of companies
and issuance of currently engaged in
certificate of fish fisheries or companies
B. Failure to Comply with Report Requirements and/or fishery to be created in the
sample taken for future, the guidelines for
determination of which shall be
whether said fishery promulgated by the
product is a breeder, Department.
spawner, egg or fry
- Certification from BFAR of non- (Section 100)
issuance of export or import permit
in favorFish
C. Illegal Fishing Activities and Dealing in Illegally-Caught of the
oraccused
Fishery Products
1. Capture of breeders, spawners, eggs or fry inventory, seizure receipt and/or
64
Possible violation: Construction Recommended evidence for Penalties: Where to file:
3. Failure
and to Comply
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 Prosecutor’s Office
Cages (Sec. 103 (e), RA 8550) and Fish Cages in relation to or
Construction and Operation of BFAR for the
Elements: Fish Corrals/Traps, Fish Pens Imprisonment: 1 month and 1 administrative case;
1.4. Fishing
A personin constructs and or fisheryand
overexploited Fish Cages:
management areas day to 6 months, or or LGU if allowed by
operates fish corrals/traps, fish an ordinance
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
the apprehending with documentary
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
and/or fish cages byinthe
municipalthewaters
Department with the
apprehending officers or assistance of the Philippine
other witnesses Coast Guard, PNP-Maritime
7. Marketing and buying illegally-caught - Certification
fish & fishery that no permit or
species Command
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
Possible violation: Obstruction to Recommended evidence for Penalties: Where to file:
Navigation or Flow and Ebb of Obstruction to Navigation or
Tide in any Stream, River, Lake or Flow and Ebb of Tide in any Fine: P2,000.00 to P10,000.00 Prosecutor’s Office
Bay (Sec. 103 (d), RA 8550) Stream, River, Lake or Bay in or
relation to Construction and BFAR for the
Operation of Fish Imprisonment:1 month and 1 administrative case;
Elements: Corrals/Traps, Fish Pens and day to 6 months, or or LGU if allowed by
1. Any person/entity puts a Fish Cages: an ordinance
structure
B. Failure in stream,
to Comply river, lake
with Report Requirements Both, upon the discretion of the
or bay To prove Elements #1-2: court
2. Such structure obstructs - Affidavit indicating existence
navigation or flow and ebb of of fish corrals/traps, fish pens Administrative fine: not more
tide in said bodies of water. and fish cages constructed in than P10,000.00 or
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
C. Illegal Fishing Activities and Dealing in Illegally-Caught flow of
ortide; or Products
Fishery
investigation report by the Both in the discretion of the
1. Capture of breeders, spawners, eggs or fry investigating Secretary
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,
2. Construction and Operation of Fish Corrals/Traps, Fishlake
Pens orand
bay Fish Cages
Coast Guard, PNP-Maritime
- 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
fish cages obstructs the flow
and ebb of tides
Possible violation: Obstruction of Recommended evidence for Penalties: Where to file:
Defined Migration Paths (Sec. 105, Obstruction of Defined
RA 8550) Migration Paths in relation to
Construction and Operation of Imprisonment: 7 to 12 years or Prosecutor’s Office
Elements:
4. Fishing in overexploited or fisheryFish Corrals/Traps,
management areasFish Pens
1. A migration path of and Fish Cages: Fine: P50,000.00 to BFAR for the
anadromous, catadromous, and P100,000.00 or administrative case;
other migratory species is To prove Elements #1-2: or LGU if allowed by
defined - Affidavit indicating existence Both, at the discretion of the an ordinance
2. Such migratory path was of fish corrals/traps, fish pens court, and
obstructed by the construction and fish cages constructed in
and operation of fish a defined migration path; or Cancellation of permit/license,
corrals/traps,
5. Fishing withoutfish pens and
license fish
or necessary investigation
permits or notreport by the with documentary
complying if any, and requirements
cages investigating
team/apprehending officers Dismantling of obstruction shall
Note: Example of migration paths- on the same be at his own expense and
river mouths and estuaries within a - Picture or sketch of the fish confiscation of same.
distance determined by the corrals/traps, fish pens and
concerned FARMCs fish cages in the defined (Section 105)
migration path
- Certification by BFAR or
concerned FARMCs that the
7. Marketing and buying illegally-caught fish area&isfishery
a migration path
species
67
Possible violation: Aquatic Recommended evidence for Penalties: Where to file:
pollution - Unsound agricultural Aquatic pollution - Unsound
practices: Use of banned chemicals agricultural practices: Use of Imprisonment: 6 years and 1 Prosecutor’s Office
and use of artificial fish feed causing banned chemicals and use of day to 12 years and/or
similar hazards and deleterious artificial fish feed causing
effects (Secs. 102 & 4(4), RA 8550) similar hazards and deleterious Fine: P80,000.00 plus an
effects in relation to additional fine of P8,000.00 per
Elements: Construction and Operation of day until such violation ceases
B. Failure to Comply with Report Requirements Fish Corrals/Traps, Fish Pens and the fines paid.
1. Conduct of unsound agricultural and Fish Cages:
practices, such as intensive use (Section 102)
of artificial fish feed and wetland To prove Element #1:
conversion as a result of - Photo or video showing as
construction and operation of intensive use of artificial fish
fish corrals/traps, fish pens and feed and wetland conversion
fish cages as a result of construction and
operation of fishFish
C. Illegal Fishing Activities and Dealing in Illegally-Caught corrals/traps,
or Fishery Products
2. Said unsound agricultural fish pens and fish cages
practices
1. Capture cause hazards
of breeders, and eggs or
spawners, Report on the intensive use of
- fry
deleterious effects as to harm artificial fish feed and wetland
living and non-living aquatic conversion as a result of
resources, pose potential construction and operation of
and/or real hazard to human fish corrals/traps, fish pens
health, hindrance to the aquatic and fish cages; or affidavit of
activities such as fishing and witness on the same
navigation
To prove Element #2:
- Certification or issuance by
the BFAR that the intensive
use of artificial fish feed and
wetland conversion resulted
or is likely to result in such
deleterious effects as to harm
living and non-living aquatic
resources, pose potential
68
and/or real hazard to human
health, hindrance to the
3. Failure to Comply with Standards aquatic activities such as
fishing and navigation; or
affidavit of expert witness as
to the hazard and deleterious
effects of the unsound
agriculturalareas
4. Fishing in overexploited or fishery management practices

obstruction of river or waterway Unauthorized obstruction of
or occupancy of riverbank (Sec. river or waterway or occupancy
91 (B)(3), PD 1067) of riverbank in relation to Imprisonment exceeding three Prosecutor’s Office
Construction and Operation of years but not more than six
Elements: Unauthorized obstruction Fish Corrals/Traps, Fish Pens years
of5.river or waterway
Fishing without license or necessaryandpermits
Fish Cages:
Fine exceeding three thousand
1. There is construction and To prove elements # 1 & 2: but not more than six thousand
operation of fish corrals/traps, - Picture of fish corrals/traps,
fish pens and fish cages in a fish pens and fish cages Both at the discretion of the
river or waterway; obstructing a river or court
2. Such construction or operation waterway;
6. Intrusion
obstructsof licensed
the and unlicensed
river or waterway; - commercial fishersorin municipal waters
Ocular inspection
3. The construction or operation is investigation report or
without permit. affidavit showing fish
7. Marketing and buying illegally-caught fish corrals/traps,
& fisheryfish pens and
species
fish cages obstructing a river
or waterway
- Certification by LGU that fish
corrals/traps, fish pens and
fish cages are not permitted
69
comply with minimum safety Failure to comply with minimum
standards (Sec. 103 (a), RA 8550) safety standards in relation to Immediate prevention from Prosecutor’s Office
Failure to comply with continuing with fishing activity
Elements: standards: and escorted to the nearest port BFAR for
1. A person/entity is engaged in or landing point. administrative
fishing To prove Elements #1-2: charges and
2. The
B. Failure toowner
Comply or captain of a Requirements
with Report - Copy of the Commercial Suspension of license to proceedings
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
personal circumstances or
of the apprehended
1. Capture of breeders, spawners, eggs or fry person Imprisonment: 1 month and 1
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
safety Pens and Fish Cages
standards than P10,000.00 or
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
of the Philippine Coast Guard,
PNP-Maritime Command
(Section 103)
- added to every penalty:

Forfeiture of the proceeds of
4. Fishing in overexploited or fishery management areas such offense and the
instruments or tools with which
it was committed
(Section 103)
Possible violation: Commercial Recommended evidence for Penalties: Where to file:

Fishing Vessel Operators Commercial Fishing Vessel
Employing Unlicensed
5. Fishing without Fisherfolk
license Operators
or necessary permitsEmploying Fine: P500.00requirements
or not complying with documentary each for every Prosecutor’s Office
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
vessel of licensed and unlicensed - commercial fishersthat
Affidavit indicating in municipal
(a) at waters 104)
(Section
2. The owner/operator employs the time of apprehension,
fisherfolk, fishworker or crew persons who were later found
3. Said fisherfolk,
7. Marketing fishworker
and buying or
illegally-caught out to
fish & be unlicensed
fishery specieswere
crew are unlicensed employed as fish workers or
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
investigating team
- Certification by BFAR that no
license has been issued in
the name of the alleged
unlicensed fishworker and/or
crew

catch ceilings (Sec. 101, RA 8550)
B. Failure to Comply with Report RequirementsViolation of catch ceilings in
relation to Failure to comply Imprisonment: 6 months and 1 Prosecutor’s Office
with standards: day to 6 years and/or
Elements: BFAR/LGU for the
1. Catch ceiling was declared by To prove Element #1: Fine: P50,000.00 and revocation of
the Department - Certified true copy of the license
2. A person/entity catches fish or FAO or ordinance declaring Forfeiture of the catch, and
fishery species more than such catch ceiling fishing equipment used and
C. Illegalcatch ceiling
Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove Element #2: Revocation of license
1. Capture of breeders, spawners, eggs or - fryAffidavit of the apprehending
officer(s) indicating that the (Section 101)
catch is more than the catch
ceiling
Other evidence:
inventoryFish
2. Construction and Operation of Fish Corrals/Traps, and seizure
Pens and receipt
Fish Cages
of confiscated fish and
disposal thereof, if any
72
fishing by commercial fishing Unauthorized fishing by
vessel (Sec. 86, par. 3, RA 8550) commercial fishing vessel in On any commercial fishing boat Prosecutor’s Office
relation to Fishing in captain or the three (3) highest
Elements: overexploited or fishery officers of the boat: BFAR for the
management areas: automatic
4. Fishing
1. in overexploited
A person or entity is a or fishery management areas Fine: equivalent to value of revocation of
commercial fishing vessel in To prove Elements #1-2: catch or P10,000.00, whichever license
the act of fishing - Affidavit of apprehending is higher, and
2. The fishing activity is within officer(s) indicating— MARINA for the
bays and in other fishery o Actual fishing activity Imprisonment: 6 months, cancellation of the
management areas o The position/location Confiscation of catch and vessel registration
3. Such area was declared as of the fishing vessel fishing gears, and (MARINA Rules)
over-exploited showing it is inside
5. Fishing without license or necessary permits or notand
bays complying
in other with documentary requirements
Automatic revocation of
fishery management license.
areas that are
declared
overexploited
- Copy of the boat registration or
certification issued by
MARINA/PCG as to its gross
tonnage
- Receipt of confiscated fish and
7. Marketing and buying illegally-caughtdisposal thereof,species
fish & fishery if any
- Apprehension report with
inventory and seizure receipt
- Picture of the fishing vessel
and/or receipt of impounded
fishing boat
- Certification by BFAR/LGU that
the bay or fishery management
area is over-exploited
73
Possible violation: Use of active Recommended evidence for Use Penalties: Where to file:
gear in municipal waters and of active gear in municipal
bays and other fishery waters and bays and other For the boat captain and Prosecutor’s Office
management areas (Sec. 90, RA fishery management areas in master fisherman:
8550) relation to Fishing in Imprisonment: 2 to 6 years
Elements: management areas: (Section 90 (1))
1. A person/entity is fishing
inside
B. Failure fishery management
to Comply To prove Element #1:
with Report Requirements For the vessel owner/operator:
areas - Affidavit of apprehending Fine: P2,000.00 to 20,000.00
2. He uses active gear in fishing officer(s) indicating— upon the discretion of the court.
o The position/location of
Note: Active fishing gear is the fishing vessel within If the owner/operator is a
characterized by gear movement, a fishery management corporation, the penalty shall
and/or pursuit of the target species area be imposed on the chief
by towing, lifting and pushing the o The act or actual fishing executive officer of the
gears, Fishing
C. Illegal surrounding, covering,
Activities activity ofFish
and Dealing in Illegally-Caught the vessel in Products
or Fishery Corporation.
dredging, pumping and scaring the the area using a fishing
target species
1. Capture to impoundments.
of breeders, spawners, eggs or fry gear If the owner/operator is a
- Receipt of confiscated fish and partnership the penalty shall be
disposal thereof, if any imposed on the managing
- Apprehension report with partner.
(Section 90(2))
- Affidavit byFish
2. Construction and Operation of Fish Corrals/Traps, the apprehending Confiscation and forfeiture of
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
Possible violation: Fishing in Recommended evidence for Penalties: Where to file:
overfished area and during Fishing in overfished area and
3. Failure
closed to Comply
season with
(Sec. 95, Standardsduring closed season in relation
RA Imprisonment: 6 months and 1 Prosecutor’s Office
8550) to Fishing in overexploited or day to 6 years and/or
fishery management areas: BFAR for the
Elements: Fine: P6,000.00 and administrative
1. A person or entity is engaged To prove Element #1: charges
in fishing
4. Fishing Affidavit of the
- management
in overexploited or fishery apprehending
areas Forfeiture of the catch and
2. Fishing is done in a declared officer(s) indicating that the
overfished area, and apprehended person is in the Cancellation of fishing permit
3. Fishing was done during act of fishing or license.
closed season
To prove Element #2-3: (Section 95)
- Affidavit of apprehending
officer indicating the position or
location of
5. Fishing without license or necessary permits orthe
notfishing
vessel/facility
- Certified true copy of the
FAO/ordinance or certificate
from BFAR/LGU declaring the
area as overfished and that it
is closed for fishing
Other evidence:
7. Marketing and buying illegally-caughtinventory and seizure
fish & fishery receipt
species
of confiscated items and fish or
fishery products
75
Possible violation: Fishing in Recommended evidence for Penalties: Where to file:
fishery reserves, refuge and Fishing in fishery reserves,
sanctuaries (Sec. 96, RA 8550) refuge and sanctuaries in Imprisonment: 2 to 6 years Prosecutor’s Office
relation to Fishing in and/or
Elements: overexploited or fishery BFAR for the
1. A person/entity engages in management areas: Fine of P2,000.00 to administrative
fishing P20,000.00 and charges
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 Forfeiture of the catch and
as a fishery reserve, refuge or officer(s) indicating that the
sanctuary apprehended person is in the Cancellation of fishing permit
act of fishing or license.
To prove Element #2: (Section 96)

- Affidavit of apprehending
officer indicating that the
fishing is done inside
C. Illegal Fishing Activities and Dealing in Illegally-Caught theFishery Products
Fish or
fishery reserve, refuge or
1. Capture of breeders, spawners, eggs or fry sanctuary
- Certified true copy of the FAO
or certificate from BFAR
declaring the area as a fishery
reserve, refuge or sanctuary
Other evidence:
- Apprehension
2. Construction and Operation of Fish Corrals/Traps, FishReport with Fish Cages
Pens and
of confiscated items and fish or
fishery products
76
3. Failure
Fishing or to Complyin
Engaging with StandardsUnauthorized Fishing or
Other
Unauthorized Fisheries Engaging in Other Unauthorized On any commercial fishing boat Prosecutor’s Office
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: BFAR for the
necessary permits or not administrative
Elements:
4. Fishing in overexploited or fishery complying
management with areas
documentary Fine: equivalent to value of charges
1. A person or entity exploit, requirements: 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 - Affidavit of apprehending Imprisonment: 6 months,
fingerlings officer(s) indicating—
b. Of any fishery o Actual fishing activity Confiscation of catch and
species or fishery o That the fishing fishing gears, and
products
5. Fishing without license or necessary permits or activity is within with documentary requirements
not complying
2. The fishery activity is done in Philippine waters Automatic revocation of
Philippine waters o The fact that upon license.
3. It is done without license, apprehension, no
lease or permit permit, license or (Section 86)
lease was presented
Note: Discovery of any person in by the accused
6. Intrusion
said of licensed
areas without and unlicensed
permit or - commercial
Picture showingfishers in municipal waters
the fishing
registration is prima facie evidence. activity
- GPS reading of the location of
the fishing activity
- Receipt of impounded vessel
77
- Certification duly issued by the
BFAR/LGU/other competent
authority that no permit,
license or lease was issued in
favor of the accused
Possible violation: Poaching in Recommended evidence for Penalties: Where to file:

Philippine waters (Sec. 87, RA Poaching in Philippine waters in
8550) to Comply with Report Requirements
B. Failure relation to Fishing without Fine: US$100,000.00 Prosecutor’s Office
license or necessary permits or
Elements: not complying with documentary Confiscation of catch, fishing BFAR for
1. Any foreign person, requirements: equipment and fishing vessel administrative
corporation or entity fishes or charges
operates the fishing vessel To prove Elements #1-2: (Section 87)
2. Such fishing activity or - Affidavit of apprehending
operation of fishing vessel is officer(s) indicating—
conducted
C. Illegal within Philippine
Fishing Activities o The position/location
and Dealing in Illegally-Caught Fish or Fishery Products
waters of the fishing vessel
1. Capture of breeders, spawners, eggs or fry showing it is inside
Prima facie act of poaching (FAO the Philippine waters
200, S. 2000) including EEZ,
internal waters or
1. Foreign fishing vessel enters municipal waters
the Philippine waters o Actual fishing activity
2. Such entry is accompanied by or acts constituting
any of theand
2. Construction following
Operation of Fish Corrals/Traps,prima facie evidence
circumstances: of poaching
a. Navigating with its o That the vessel is not
fishing gear of Philippine
deployed and/or not nationality
stowed - Copy of the vessel registration
b. Navigating with an papers
irregular track or - GPS reading of the location of
route the vessel and fishing activity
c. Navigating through - Receipt of confiscated fish and
78
Philippine territorial disposal thereof, if any
waters without prior - Apprehension report with
notice to,with Standards
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
4. Fishing in manner that does
overexploited Note:
or fishery Exclusive Economic
management areas Zone
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
5. Fishing without national
license or flag rightspermits
necessary over theorexploration and use
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
circumstances unlicensed commercial fishers in municipal waters
may indicate the
existence of force
majeure, distress, or
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
fishing grounds or
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.
commercial fishing within municipal Unauthorized commercial fishing On any municipal fisherfolk:
waters (Sec. 86, par 5, RA 8550) within municipal waters in Prosecutor’s Office
relation to Fishing without Confiscation of catch and
Elements: license or necessary permits or
1. A person is not listed in the not complying with documentary Fine: P500.00
registry of municipal fisherfolk requirements:
2. The
C. Illegal fishingActivities
Fishing activity is and
for trade,
business or profit, and not To prove Element #1:
subsistence
1. Capture or sports
of breeders, fishing eggs- or fry
spawners, Certification from MAO that the
3. Said fishing activity is within person is not listed in the
municipal waters registry of municipal fisherfolk

Note: Municipal waters, is the - Affidavit of apprehending
area located within 15 kilometers officer(s) indicating that the
from the coastand
2. Construction line.Operation
(Sec. 4, par. 58, Corrals/Traps,
of Fish fishing activity
FishisPens
for trade,
and Fish Cages
RA 8550) business or profit

- Affidavit showing that the
fishing activity was done within
municipal waters
- GPS reading of the location of
the vessel and fishing activity
- Receipt of confiscate fish and
80
3. Failure to Comply with Standards inventory and seizure receipt
- Picture of the fishing activity
- Receipt of impounded fishing
boat, if any
Possible violation: Commercial Recommended evidence for Penalties: Where to file:
Fishing Vessel
4. Fishing Operators or fishery
in overexploited Commercial
management Fishing
areasVessel
Employing Unlicensed Operators Employing Unlicensed Fine: P500.00 each for every Prosecutor’s Office
Fisherfolk or Fishworker or Crew Fisherfolk or Fishworker or Crew month that the same has been
(Sec. 104, RA 8550) in relation to Fishing without employed and/or P1,000.00 for
license or necessary permits or every month for each
Elements: not complying with documentary unlicensed crew member who
4. A person/entity owns or requirements: has been employed.
operates a commercial fishing
5. Fishing
vessel without license or necessary permits
To prove or not#1-3:
Elements complying with documentary
(Section 104) requirements
5. The owner/operator employs - Affidavit indicating that (a) at
fisherfolk, fishworker or crew the time of apprehension,
6. Said fisherfolk, fishworker or persons who were later found
crew are unlicensed out to be unlicensed were
employed as fish workers or
crew, and that (b) the
6. Intrusion of licensed and unlicensed commercial
apprehendingfishers in municipal
team asked for waters
their licenses but none could
be presented
-
7. Marketing and buying illegally-caught Apprehension
fish & fisheryreport by the
species
apprehending team
- Inventory of crew by the
apprehending officers or
investigating team
- Certification by BFAR that no
license has been issued in the
name of the alleged
unlicensed fishworker and/or
crew
81
commercial fishing within Unauthorized commercial
municipal waters (Sec. 86, pars. 1, fishing within municipal waters On any commercial fishing Prosecutor’s Office
in relation to Sec. 18, RA 8550) in relation to Intrusion of boat captain or the three (3)
licensed and unlicensed highest officers of the boat: BFAR for the
Elements: commercial fishers in municipal administrative
1. The fishing vessel weighs at waters: Fine: equivalent to value of charges
least
B. Failure to 3.1 gross with
Comply tons Report
(FAO 198,
Requirements catch or P10,000.00,
Series of 2000) To prove Element #1: whichever is higher, and
2. Said fishing vessel is in the act - Copy of the boat registration
of fishing or certification issued by Imprisonment: 6 months,
3. The fishing activity is located MARINA/PCG/LGU as to its
within municipal waters gross tonnage Confiscation of catch and
fishing gears, and
Note: Municipal waters, is the area To prove Elements #2-3:
C. Illegal
locatedFishing
within 15Activities and
kilometers Dealing in
from - Illegally-Caught Fish or Fishery Products
Affidavit of apprehending Automatic revocation of
the coast line. (Sec. 4, par. 58, officer(s) indicating— license.
RA 8550)of breeders, spawners, eggs or fry o Actual fishing activity
1. Capture
o The GPS reading (Section 86)
showing that the
fishing vessel is
within 15 kilometers
from the coastline
- Picture of the fishing vessel
engaged in Fish
thePens and
fishing Fish Cages
activity
Other evidence:
- Receipt of confiscated fish
and disposal thereof, if any
- Receipt of impounded fishing
boat
82
7. Marketing and buying illegally-caught fish, fishery species & other aquatic wildlife
Possible violation: Dealing in, Recommended evidence for Penalties: Where to file:
selling or in any manner Dealing in, selling or in any
disposing of illegally-caught fish manner disposing of illegally- Imprisonment: 6 months to 2 Prosecutor’s Office
(Sec 88, par. 4 in relation to par. caught fish in relation to years.
1, RA 8550) Marketing and buying illegally-
caught fish, fishery species & (Section 88 (4))
4. Fishing in overexploited or fishery
Elements: management
other areas
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, - Certification by the fish substances and/or electrical
explosives, noxious or examiner that the fish is devices, as well as the fishing
poisonous substance caught with the use of vessels, fishing equipment and
2. Such fish or any fishery explosives; or catch
species is dealt in, sold or in - Certification by the BFAR
5. Fishing without
any manner licenseof,orfor
disposed necessary permits
laboratoryorthat
not the
complying
fish is with documentary requirements
(Section 88 (5))
profit caught with the use of
electricity or noxious or
poisonous substances
- Photographs of the fish
examination, when applicable
- Receipt of fish samples taken
for examination issued by the
apprehending officers
To prove
7. Marketing and buying illegally-caught fish Element
& fishery#2: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
fish/fishery species in
fish landing, or
market places
- Auxiliary invoice, if any
Other evidence:
Possible violation: Ban on whale Recommended evidence for Ban Penalties: Where to file:
shark and manta rays (FAO 193, on whale shark and manta rays
S. 1998) in relation to Marketing and Imprisonment: 6 months to 4 Prosecutor’s Office
buying illegally-caught fish, years and/or
Elements: fishery species & other aquatic BFAR for the
1. A person/entity— wildlife: Fine: P500 to P5,000 administrative
a. Takes, charges
b. Catches,
C. Illegal Fishing Activities and Dealing To prove Element #1:Fish or Fishery Products
in Illegally-Caught Administrative fine: not more
c. Sells, - Affidavit of the apprehending than P5,000
1. Capture ofd.breeders,
Purchases, or
spawners, eggs or fryofficer(s)/witness indicating
e. Exports, or that the apprehended Cancellation of fishing
f. Accidentally catches person/suspect has taken, permit/license
a fishery species. caught, sold, purchased, or
exported, or accidentally Confiscation of the catch
2. The fisheries species involved caught whale shark or manta
is whale shark or manta ray ray (FAO 193, S. 1998)
3. Such species
2. Construction is in any state
and Operation or Corrals/Traps,
of Fish - Pictures ofFish
the whale shark
Pens and or Cages
Fish
form, dead or alive manta ray
To prove Elements #2-3:

- Positive identification and
certification by BFAR or duly
deputized officer that the
species are whale shark or
manta ray, including its state
or condition when confiscated
84
Other evidence:
3. Failure to Comply with Standards- Apprehension Report with
Possible violation: Importation or Recommended evidence for Penalties: Where to file:
exportation
4. Fishing inofoverexploited
fish or fisheryor fishery
Importation
management or exportation
areas of fish
species (Sec. 100, RA 8550) or fishery species in relation to Imprisonment: 8 years Prosecutor’s Office
Marketing and buying illegally-
Elements: caught fish, fishery species & Fine: P80,000.00 and
1. A person/entity engages in— other aquatic wildlife:
a. Importation Destruction of live fishery
b. Exportation To prove Elements #1-2: species or
2. Of fish or fishery species - Affidavit of the apprehending
5. Fishing
3. without license
Such importation or or necessary permits
officer(s)or not complying with documentary
indicating— requirements
Forfeiture of non-live fishery
exportation violates RA 8550 o The identity and species in favor of the
personal department for its proper
circumstances of the disposition:
apprehended person
o The circumstances of Ban from being members or
the act such as stockholders of companies
6. Intrusion of licensed and unlicensed commercial fishers inand/or
possession municipal currently
waters engaged in fisheries
control for purposes or companies to be created in
of exportation or the future, the guidelines for
7. Marketing and buying illegally-caught fish & fishery importation
species which shall be promulgated by
o Taking of specimen the DA.
and issuance of
certificate of fish (Section 100)
and/or fishery
sample taken
- Certification from BFAR of
non-issuance of export or
import permit in favor of the
accused
85
Possible violation: Wildlife Recommended evidence for Penalties: Where to file:

trading (Sec. 27(e), RA 9147) Wildlife trading in relation to
Marketing and buying illegally- Species listed as critical Prosecutor’s Office
Elements: caught
B. Failure to Comply with Report Requirements fish, fishery species & Imprisonment: 2 years and 1
1. There is trading of wildlife, other aquatic wildlife: day to 4 years and/or
their derivatives or by-products Fine: P5,000 to 300,000
2. The trade occurred locally or To prove Elements #1 & 2:
internationally - Document (i.e. invoice, receipt, Endangered species
3. There is no permit for the trade etc.) showing that there was Imprisonment: 1 year and 1
of wildlife, their derivatives or trading of wildlife, their day to 2 years and/or
by-products derivatives or by-products Fine: P2,000 to 200,000
either locally or Fish
C. Illegal Fishing Activities and Dealing in Illegally-Caught internationally
or Fishery Products
Note: Trade means the act of - Photo or video showing the Vulnerable species
engagingof breeders,
1. Capture in thespawners,
exchange, wildlife, derivatives or by- Imprisonment: 6 months and 1
eggs or fry
exportation or importation, products involved in the trade day to 1 year and/or
purchase or sale of wildlife, their - Testimony of witness as to the Fine: P1,000 to 100,000
derivatives or by-products, locally trading of wildlife, derivatives
or internationally. (Sec. 4(t), RA or by-products Other threatened species
9147) - Apprehension report with Imprisonment: 1 month and 1
inventory and seizure receipt day to 6 months and/or
- Fish
Certification as Pens
to theand Fine: P500 to 50,000
Fish Cages
category
of wildlife species
- Specimen of the wildlife Other wildlife species
species, etc. (if available) Imprisonment: 10 days to 1
month and/or
To prove element #3: Fine: P200 to 20,000
- Certification by PAWB or
BFAR that there was no permit Forfeiture of all wildlife, its
for the exchange of wildlife, derivatives or by-products, and
their derivatives of by-products all paraphernalia, tools and
86
conveyances used in
connection with violations of
3. Failure to Comply with Standards the act.
Deportation, without any

further proceedings, after
service of sentence and
4. Fishing in overexploited or fishery management areas payment of fines if offender is
an alien.
Fines prescribed to be
increased by at least 10%
every three years
(Section 28)
Possible violation: Possession of Recommended Evidence for Penalties: Where to file:
wildlife, their by-products or Possession of wildlife, their by-
derivatives (Sec. 27 (f), RA 9147) products or derivatives in Species listed as critical Prosecutor’s Office
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
their by-products and unlicensed commercial fishers in municipal waters
or derivatives
2. There is no permit for the To prove element #1 Endangered species
possession of wildlife, their by- - Photo or video or wildlife, by- Imprisonment: 1 year and 1
products or
7. Marketing derivatives
and buying illegally-caught products or derivatives
fish & fishery species day to 2 years and
- Affidavit of witness as to the Fine: P20,000 to 200,000
possession of wildlife, by-
products or derivatives Vulnerable species
- Apprehension report with Imprisonment: 6 months and 1
inventory and seizure receipt day to 1 year and
- Certification by PAWB or Fine: P10,000 to 100,000
BFAR, whichever is
appropriate as to the category Other threatened species
of the wildlife species, their by- Imprisonment: 1 month and 1
87
products or derivatives day to 6 months and
- Specimen of the wildlife Fine: P5,000 to 50,000
species, their by-products or
derivatives (if available) Other wildlife species
Imprisonment: 10 days to 1
To prove element #2: month and
- Certification by PAWB or Fine: P1,000 to 5,000
BFAR that no permit was
issued for the collection of
B. Failure to Comply with Report Requirements Note: if act is committed
wildlife, their by-products or through inappropriate
derivatives techniques and devices,
maximum penalty will apply
Forfeiture of all wildlife, its

derivatives or by-products, and
all paraphernalia, tools and
conveyances used in
connection with violations of
1. Capture of breeders, spawners, eggs or fry the act.

payment of fines if offender is
an alien.
every three years
(Section 28)
88
8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Possible violation: Illegal possession of Recommended evidence for Penalties: Where to file:
3. Failure tonoxious
explosives, Comply orwith Standards
poisonous Illegal possession of
substances or electrofishing devices explosives, noxious or Possession: Prosecutor’s
for illegal fishing (Sec. 88, par 2, RA poisonous substances or Imprisonment: 6 months to Office
8550) electrofishing devices for 2 years
illegal fishing in relation to Use
Elements: of dynamite,
4. Fishing in overexploited or fishery management areascyanide, fine (Section 88 (2))
1. A person/entity is in possession of mesh net and other forms of
explosives, noxious substances, destructive fishing: Forfeiture of explosives,
and/or electrofishing devices noxious or poisonous
2. Said explosives, noxious substances, To prove Element #1: substances and/or
and/or electrofishing device are - Affidavit by the apprehending electrical devices, as well
intended to be used for illegal fishing officers indicating the as the fishing vessels,
possession of explosives, fishing equipment and
Note: See also
5. Fishing RA 8294
without amending
license RA
or necessary permitsnoxious substances,with
or not complying catch requirements
or documentary
1866 or the Codifying The Laws On electrofishing devices
Illegal/Unlawful Possession, Manufacture, - Apprehension report with (Section 88 (5))
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
Imposing of licensed
Stiffer Penaltiesand
For unlicensed
Certain commercial fishers in
electrofishing municipal
devices, if waters
Violations Thereof, And For Relevant recovered
Purposes." - Certification by the PNP-FED
or SOCO that such items
were explosives or by the
BFAR that such items were
noxious or poisonous
substances

- Affidavit by witness
indicating circumstantial
evidence showing fact that
89
explosives will be used for
fishing such as:
o User is a fisherfolk
or fishworker
o Devices are found
inside a fishing
vessel
o Fisherfolk /
B. Failure to Comply with Report Requirements fishworker
apprehended
during a fishing
activity
Possible violation: Actual use of Recommended evidence for Penalties: Where to file:
explosives, noxious or poisonous Actual use of explosives,
substances or electrofishing devices noxious or poisonous Imprisonment: 5 to 10 Prosecutor’s
for illegal
C. Illegal fishing
Fishing (Sec. 88,
Activities andpars 1 & 3,in Illegally-Caught
Dealing substances or Fishelectrofishing years without prejudice to
or Fishery Products Office
RA 8550) devices for illegal fishing in the filing of separate
1. Capture of breeders, spawners, eggs or fry relation to Use of dynamite, criminal cases when the
Elements: cyanide, fine mesh net and use of the same result to
1. A person/entity catches, takes or other forms of destructive physical injury or loss of
gathers or causes to be caught, taken fishing: human life.
or gathered, fish or any fishery
species from Philippine waters To prove Elements #1-3: (Section 88 (3))
2. Above activities are done with the - Affidavit by the apprehending
use of electricity,
2. Construction explosives,
and Operation noxious
of Fish Corrals/Traps, officers
Fish indicating
Pens andthe use
Fish of
Cages Forfeiture of explosives,
or poisonous substance explosives, noxious or noxious or poisonous
3. Fish or fishery species is killed, poisonous substances or substances and/or
stupefied, disabled or rendered electricity in fishing electrical devices, as well
unconscious - Apprehension report with as the fishing vessels,
inventory and seizure receipt fishing equipment and
- Receipt of fish samples catch
taken for examination issued
by the apprehending officers (Section 88 (5))
- Results of fish examination
90
by duly authorized fish
examiner
3. Failure to Comply with Standards - Samples of explosives,
blasting caps, noxious or
poisonous substances, or
electrofishing devices, if
recovered
4. Fishing in overexploited or fishery management - Certification
areas by the PNP-FED
or SOCO that such items
were explosives, or by the
SOCO/BFAR that such items
were noxious or poisonous
substances or by the BFAR
that such device is an
electrofishing device
Possible violation: Use of fine mesh net Recommended evidence for Penalties: Where to file:
(Sec. 89, RA 8550) Use of fine mesh net in
relation to Use of dynamite, Fine: P2,000.00 to Prosecutor’s
Elements: cyanide, fine mesh net and P20,000.00 or Office
1. A person/entity is in the act of fishing other forms of destructive
using net fishing: Imprisonment: 6 months to BFAR for the
6. Intrusion
2. The mesh of size
licensed
of theand unlicensed
fishing net used commercial fishers in municipal waters 2 years or administrative
is smaller than that fixed by the To prove Element #1: charges
Department of Agriculture (smaller - Affidavit of apprehending Both such fine and
than 3 cm,
7. Marketing FAO
and 155, S.
buying 1986)
illegally-caught fish & officer(s) indicating—
fishery species imprisonment at the
o The act or actual fishing discretion of the court:
Note: Purse seines (pangulong), ring nets activity
(kubkob, pangulong, kalansisi) and o The type or types of fish Administrative fine and/or
bagnets (basing, saklit) are allowed up to species caught cancellation of permit or
1.9 cm mesh size under FAO 155-1, S. - Receipt of confiscated fish license or both.
1994. However, since these are also and disposal thereof, if any
active gear they cannot be used inside the - Apprehension report with (Section 89)
municipal waters. inventory and seizure receipt
91
- Certification as to mesh size
by the apprehending officers
or by other competent
authority
Possible violation: Use of active gear in Recommended evidence for Penalties: Where to file:
municipal waters and bays and other Use of active gear in municipal
fisheryto
B. Failure management
Comply withareas
Report (Sec. 90, RA
Requirements waters and bays and other For the boat captain and Prosecutor’s
8550) fishery management areas in master fisherman: Office
relation to Use of dynamite, Imprisonment: 2 to 6 years
Elements: cyanide, fine mesh net and
1. A person/entity is fishing inside the other forms of destructive (Section 90 (1))
municipal waters and bays and other fishing:
fishery management areas For the vessel
2. He uses active gear in fishing To prove Element #1: owner/operator:
- Affidavit Fish
C. Illegal Fishing Activities and Dealing in Illegally-Caught of apprehending Fine: P2,000.00 to
or Fishery Products
Note: Active fishing gear is characterized officer(s) indicating— 20,000.00 upon the
by gear of
1. Capture movement,
breeders,and/or pursuiteggs
spawners, of theor fry o The position/location discretion of the court.
target species by towing, lifting and of the fishing vessel
pushing the gears, surrounding, covering, o The act or actual If the owner/operator is a
dredging, pumping and scaring the target fishing activity corporation, the penalty
species to impoundments (FAO 201, S. - Receipt of confiscated fish shall be imposed on the
2000). and disposal thereof, if any chief executive officer of
- Apprehension report with the Corporation.
2. Construction and Operation of Fish Corrals/Traps, inventory and and
Fish Pens seizure
Fishreceipt
Cages
If the owner/operator is a
To prove Element #2: partnership the penalty
- Certification of gear as active shall be imposed on the
gear by BFAR/LGU managing partner.
- Apprehension report and
seizure receipt of confiscated (Section 90(2))
gear
- Picture of gear used Confiscation and forfeiture
of catch
92
(Section 90)
3. Failureviolation:
Possible to ComplyBan
withon
Standards
Muro-Ami, Recommended evidence for Penalties: Where to file:
Other Methods and Gear Destructive to Ban on Muro-Ami, Other
Coral Reefs and Other Marine Habitat Methods and Gear Destructive For the operator, boat Prosecutor’s
(Sec. 92, par. 1, RA 8550) to Coral Reefs and Other captain, master fisherman, Office
Marine Habitat in relation to and recruiter or organizer of
Elements: Use of dynamite,
4. Fishing in overexploited or fishery management areas cyanide, fine fishworkers:
1. A person/entity is engaged in actual mesh net and other forms of
fishing activity destructive fishing: Imprisonment: 2 to 10
2. The fishing activity is done with gear years and
method that destroys To prove Element #1:
a. Coral reefs - Affidavit of apprehending Fine: P100,000.00 to
b. Seagrass beds officer(s) indicating— P500,000.00 or
c. Other fishery marine o The identity of the
5. Fishing withouthabitat fishing vessel
license or necessary permits or not complying Both, atrequirements
with documentary the discretion of
3. These methods or types of fishing o The act or actual the court.
gears are determined by the fishing activity
Department as destructive to coral - Receipt of confiscated fish Confiscation of catch and
reefs, seagrass beds, other fishery and disposal thereof, if any gear used
marine habitat - Apprehension report with
inventory and seizure receipt (Section 92, par. 2)
6. Intrusion
Note: of licensed
Muro-ami and
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
7. pound the coral
Marketing and reef andillegally-caught
buying other habitat to fish & officers
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
93
Orders (e.g. FAO
222, S. 2003)
- Receipt of confiscated
fishing gears and/or
impounded boat
- Inventory of confiscated
items and fishing
paraphernalia
Possible violation: Illegal use of Recommended evidence for Penalties: Where to file:
superlights (Sec. 93, RA 8550) Illegal use of superlights in
relation to Use of dynamite, Imprisonment: 6 months to Prosecutor’s
Elements: cyanide, fine mesh net and 2 years or Office
1. Any person/entity is engaged in other forms of destructive
fishing activity fishing: Fine: P5,000.00 per
2. Such
C. Illegal fishing
Fishing activity is
Activities undertaken
and Dealing in Illegally-Caught Fish or Fishery Products superlight, or
with the use of superlight To prove Elements #1-4:
3. Such
1. Capture of fishing vessel
breeders, is inside eggs
spawners, the or fry - Affidavit of apprehending Both, at the discretion of
municipal waters, or officer(s) indicating— the courts.
4. Outside the municipal waters but o The identity and
violates rules and regulations of the personal Confiscation of the
Department on superlight use circumstances of superlight, fishing gears
the apprehended and vessel.
Note: “Superlight,” also called “magic person
light,” is a typeand
2. Construction of strong light using
Operation of Fish Corrals/Traps, Fisho PensThe and FishorCages (Section 93, par. 2)
position
halogen or metal halide either submerged location of the
or located above the sea surface, fishing
consisting of a ballast, regulator, electric vessel/facility
cable and socket, the power of which o Circumstances
comes from a generator, battery, dynamo indicating actual
or the main engine of the boat. (FAO 204, use
Sec. 1) - Certification of bulbs as
superlights
Note: It shall be unlawful to operate - Apprehension report with
94
municipal and commercial fishing boats inventory and seizure receipt
using superlights while fishing/operating in
3. Failurewaters,
municipal to Comply
or forwith Standards
commercial fishing
boats to fish/operate beyond municipal
waters using the same in excess of the
herein prescribed wattage:
(a) Small-scale commercial fishingboats
(3.1 to 20 GT)
4. Fishing … 20 KW per vessel,
(b) Medium-scale commercial fishing boats
(20.1 to 150 GT) … 36 KW per vessel
(c) Large-scale commercial fishing boats
(more than 150 GT) … 40 KW per vessel
(FAO 204, Sec. 2)
Possible
5. Fishingviolation: Aquaticor
without license pollution
necessary - permits
Recommended evidence
or not complying fordocumentary
with Penalties:
requirements Where to file:
Introduction of substances or energy Aquatic pollution - Introduction
with deleterious effects (Secs. 102 & of substances or energy with Imprisonment: 6 years and Prosecutor’s
4(4), RA 8550) deleterious effects in relation 1 day to 12 years and/or Office
to Use of dynamite, cyanide,
Elements: fine mesh net and other forms Fine: P80,000.00 plus an
of destructive fishing: additional fine of P8,000.00
6. Intrusion
1. Human or ofmachine,
licensed directly
and unlicensed
or commercial fishers in municipal waters per day until such violation
indirectly, introduces substances or To prove Elements #1-3: ceases and the fines paid.
energy to aquatic environment - Affidavit of witness as to act
2. Introduction
7. Marketing andresults to,illegally-caught
buying or is likely to fish & of introduction
fishery species by human or (Section 102)
result to, deleterious effects as to machine of substance or
harm living and non-living aquatic energy to aquatic
resources, pose potential and/or real environment
hazard to human health, hindrance to - Report on the act in a place
the aquatic activities such as fishing - Photo or video showing the
and navigation act
- Sample of substance
introduced to aquatic
environment
95
- - Apprehension
Apprehension
report
report
withwith
inventory
inventory
and and
seizure
seizure
receipt
receipt
To prove
To proveElementElement#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
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
Affidavitof expert
of expert witness
witness
that that
the substance
the substance or energy
or energy
resulted
resultedto, orto,isorlikely
is likely
to to
result
result
C. Illegal Fishing Activities and Dealing in Illegally-Caught to,Fish
deleterious
to, deleterious
or Fishery effects
effects
Products
as toasharm
to harmlivingliving
and andnon-non-
living
living
aquaticaquatic
resources
resources
D. Mangrove
D. Mangrove
Destruction
Destruction
Possible
Possible
violation:
violation:
Conversion
Conversion Recommended
Recommended evidence
evidencefor 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:
Imprisonment: 6 years
6 years 1 1 Prosecutor’s
and and Prosecutor’s
Office
Office
Elements:
Elements: day day
to 12toyears
12 years
and/or
and/or
2. Construction
1. 1.A mangrove and
A mangrove Operation
areaarea of
is converted Fish Corrals/Traps,
is convertedTo prove
To prove
Elements Fish
Elements
#1-2: Pens
#1-2: and Fish Cages
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
mangroveareaarea
for fishpond
for fishpond
or or
b. b.For For
any any
otherother for any
for any
otherother
purposes
purposes Restoration
Restorationor 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
Samplesof mangroves
of mangroves cut cut (Section
(Section
94) 94)
- - Pictures
Pictures
of the
of converted
the convertedareaarea
Identification
- - Identification and and scaling
scaling sheet
sheet
96
Possible violation: Destroying Recommended evidence for Penalties: Where to file:
3. Failure
wildlife to Comply
species (Sec.with Standards
27 (a), RA Destroying wildlife species in
9147) relation to Mangrove destruction: Species listed as critical Prosecutor’s Office
Imprisonment: 6 years and 1
Elements: To prove element #1: day to 12 years and/or
1. The wildlife species is - Affidavit showing the Fine: P100,000 to P1 million
destroyed
4. Fishing by the violatoror fishery management
in overexploited destruction of the wildlife
areas
species Endangered species
Note: There is no violation if the - Certification or issuance as to Imprisonment: 4 years and 1
destruction falls under any of the category of wildlife species day to 6 years and/or
following: - Photo or video of destroyed Fine: P50,000 to P500,000
a. when it is done as wildlife species
part of the religious - Specimen of wildlife species Vulnerable species
rituals of that was destroyed (if Imprisonment: 2 years and 1
established
5. Fishing without licensetribal
or necessary available) day to 4 yearsrequirements
permits or not complying with documentary and/or
groups or - Apprehension report with Fine: P30,000 to P300,000
indigenous cultural inventory and seizure receipt
communities; Threatened species
b. when the wildlife is Imprisonment: 1 year and 1
afflicted with an day to 2 years and/or
incurable Fine:P20,000 to P200,000
6. Intrusion ofcommunicable
licensed and unlicensed commercial fishers in municipal waters
disease; Other wildlife species
c. when it is deemed Imprisonment: 6 months and 1
7. Marketing andnecessary
buyingtoillegally-caught
put an fish & fishery species day to 1 year and/or
end to the misery Fine: P10,000 to P100,000
suffered by the
wildlife; Forfeiture of all wildlife, its
d. when it is done to derivatives or by-products,
prevent an imminent and all paraphernalia, tools
danger to the life or and conveyances used in
limb of a human connection with violations of
being; and the act.
e. (v) when the wildlife
97
is killed or Deportation, without any
destroyed after it further proceedings, after
has been used in service of sentence and
authorized research payment of fines if offender is
or experiments. an alien.
B. Failure to Comply with Report Requirements every three years
(Section 28)

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 Prosecutor’s Office
103 (d), RA 8550) or Bay in relation to Mangrove or
C. Illegal Fishing Activities and Dealingdestruction:
in Illegally-Caught Fish or Fishery Products BFAR for the
Elements: Imprisonment:1month and administrative
1. Anyofperson/entity
1. Capture puts a
breeders, spawners, eggsToorprove
fry Elements #1-2: 1day to 6 months, or charges
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
2. Construction and Operation of Fish Corrals/Traps,investigating
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
Agriculture Officer that the Impoundment by the
structure obstructs the flow Department with the
and ebb of tides assistance of the Philippine
98
Coast Guard, PNP-Maritime
Command
(Section 103)
Possible violation: Destroying Recommended evidence for Penalties: Where to file:

of active nests, nest trees, host Destroying of active nests, nest
plants andin
4. Fishing the like (Sec. 27 or
overexploited (g),fishery
trees, host plants
management and the like in
areas Species listed as critical Prosecutor’s Office
RA 9147) relation to Mangrove destruction: Imprisonment: 2 years and 1
day to 4 years and
Elements: To prove element #1 Fine: P30,000 to 300,000
1. Active nests, nest trees, host - Photo or video of the
plants and the like are destroyed mangroves with Endangered species
destroyed active nests, mangrove nest Imprisonment: 1 year and 1
trees or mangrove host plants day to 2 years and
Active nest without
5. Fishing refers tolicense
a nest that is
or necessary
- Report
permitsonorthe
notdestruction
complying Fine: P20,000requirements
ofwith documentary to 200,000
attended, built or maintained or the said mangroves
used during a given breeding - Affidavit of witness on the Vulnerable species
season, whether or not eggs are destruction of the said Imprisonment: 6 months and 1
laid mangroves day to 1 year and
Fine: P10,000 to 100,000
Source:
6. Intrusion of licensed and unlicensed commercial fishers in municipal Other
http://www.fws.gov/midwest/Midwe waters
threatened species
stBird/EaglePermits/definitions.ht Imprisonment: 1 month and 1
ml day to 6 months and
7. Marketing and buying illegally-caught fish & fishery species Fine: P5,000 to 50,000
Other wildlife species

Imprisonment: 10 days to 1
month and
Fine: P1,000 to 5,000
Possible violation: Undertake Recommended evidence Penalties: Where to file:
activities in violation of the EIA Undertake activities in violation
Law or PD 1586 (Sec. 27(h), RA of the EIA Law or PD 1586 in To be imposed by the EMB Regional
9275) relation to Mangrove destruction: Secretary, upon PAB Director or Pollution
99
recommendation: Adjudication Board
Elements: To prove Elements #1: (PAB)
- Photo or video showing that Fine: P10,000.00 to
1. Violator undertakes activities violator is undertaking activities P200,000.00 for every day of
or development and or development and expansion violation, to be increased 10%
expansion of project, of projects in mangrove areas every 2 years
2. Acts violate the - Report on the abovementioned
Environmental Impact activities Closure, suspension of
Statement System Law -
B. Failure to Comply with Report Requirements Affidavit of witness on the development or construction,
(Presidential Decree abovementioned activities of or cessation of operations or,
No.1586) and its the offender disconnection of water supply,
implementing rules and until compliance (order may
regulations. To prove Element #2: be issued ex parte pending
- Certification from EMB on the case)
lack of ECC; or
Note: For projects covered by PD - Copy of the ECC and specific (Section 28)
1586, Fishing
C. Illegal see complete list inand
Activities Annex conditions violated
4. - Testimony of witness as to the
1. Capture of breeders, spawners, eggs or fry lack of ECC or violation of
ECC conditions
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 Prosecutor’s Office
4(4), RA 8550) Mangrove destruction: day to 12 years and/or
Elements: To prove Element #1: Fine: P80,000.00 plus an
- 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
non-living aquatic resources, - Affidavit of witness on the
pose potential and/or real deforestation activities in the
100
hazard to human health, mangrove area by the offender
hindrance to the aquatic
activities such as with Standards
fishing and To prove Element #2:
navigation - Certification or issuance that
the deforestation resulted or is
Note: likely to result in such
Deforestation – The cutting down deleterious effects as to harm
and removal
4. Fishing inofoverexploited
all or most of the living and non-living
or fishery management areas aquatic
trees in a forested area. resources in mangrove areas,
Deforestation can erode soils, pose potential and/or real
contribute to desertification and hazard to human health,
the pollution of waterways, and hindrance to the aquatic
decrease biodiversity through the activities such as fishing in
destruction of habitat. (The mangrove areas
American Heritage Science - Affidavit of witness as to the
Dictionary, Houghton
5. Fishing without Mifflin or necessary hazard
license permitsand deleterious
or not effects
Company, 2005) of the deforestation activities in
the mangrove area

pollution - Unsound agricultural Aquatic pollution - Unsound
6. Intrusionwetland
practices: of licensed and unlicensed
conversion commercial
agricultural fisherswetland
practices: in municipal Imprisonment:
waters 6 years and 1 Prosecutor’s Office
causing similar hazards and conversion causing similar day to 12 years and/or
deleterious effects (Secs. 102 & hazards and deleterious effects
4(4), RA 8550)and buying illegally-caught
7. Marketing in relation
fish &tofishery
Mangrove
species Fine: P80,000.00 plus an
destruction: additional fine of P8,000.00
Elements: per day until such violation
To prove Element #1: ceases and the fines paid.
1. Conduct of unsound - Photo or video showing that
agricultural practices, such wetland conversion was (Section 102)
as: Wetland conversion undertaken in the mangrove
2. Unsound agricultural area
practices cause hazards and - Investigation/Apprehension
deleterious effects as to harm Report on the wetland
101
living and non-living aquatic conversion, or affidavit of
resources, pose potential witness on the wetland
and/or real hazard to human conversion in the mangrove
health, hindrance to the area
aquatic activities such as
fishing and navigation To prove Element #2:
- Certification by BFAR that the
wetland conversion resulted or
B. Failure to Comply with Report Requirements is likely to result in such
resources in mangrove areas,
pose potential and/or real
hazard to human health,
activities in mangrove areas
such as fishing Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
- Affidavit of expert witness as to
1. Capture of breeders, spawners, eggs or fry hazard and deleterious
the
effects of the unsound
agricultural practices

project without ECC (Sec. 4, PD Undertaking project without ECC
1586) in relation to Mangrove Fine: not to exceed P50,000 Regional EMB
destruction: Fish Pens and Fish Cages
2. Construction and Operation of Fish Corrals/Traps, for every violation Director
Elements:
To prove Elements #1 and 2:
1. The project is a declared ECP - Certification from the EMB that
or in a declared ECA the project is an ECP or is
2. Actual undertaking or located in a mangrove area
operating the declared ECP which is an ECA
or project in an ECA by a - Photo or video showing that
person, partnership or person, partnership or
corporation corporation is undertaking
102
3. The project has no ECC activities or operating project
that is a declared ECP or is
3. Failure
For toECPs
a list of Comply
andwith Standards
ECAs, see located in a mangrove area
Annex 4. which is an ECA
abovementioned
4. Fishing in overexploited or fishery management areasactivities
To prove Element #3
- Certification from EMB on the
lack of ECC

EMB Rules on EIA (Sec. 9, PD Violation of EMB Rules on EIA in
1586)
5. Fishing without license or necessary relation to Mangrove
permits destruction:
or not complying with documentary requirements EMB Regional Office
Suspension or cancellation of
Elements: To prove Elements #1-2 the ECC
- Affidavit of witness as to
1. There are standards, rules, violation of the EMB standards, Fine: not to exceed P50,000
and regulations issued by the rules and regulations for for every violation
EMB pursuant to PD 1586 mangrove projects or projects
6. Intrusion
2. Violationofoflicensed and unlicensed commercial
the standards, within mangrovefishers in municipal waters
areas
rules and regulations - Investigation report on the
violation
7. Marketing and buying illegally-caught- Photo
fish &orfishery
video showing
speciesthe
act, if applicable
Possible violation: Cutting, Recommended evidence for Penalties: Where to file:

Gathering and/or Collecting Cutting, Gathering and/or
Timber, or Other Forest Collecting Timber, or Other Value of logs or forest Prosecutor’s Office
Products Without License (Sec. Forest Products Without License products: P5.00 or lower
77, PD 705 in relation to Sec. in relation to Mangrove Imprisonment: 2 years, 4
11.1 of DENR DAO 80, Series of destruction: months and 1 day to 6 years
1987)
103
To prove element # 1: Value of logs or forest
Elements: - Pieces of mangroves cut, products: more than P5.00
1. The offender cuts, gathers gathered and/or collected or toP50.00
and/or collects timber photographs Imprisonment: 8 years and 1
2. The cutting, gathering and/or - Affidavit of a witness attesting day to 12 years
collection of timber is done to the cutting or gathering
without license Value of logs or forest
To prove element # 2: products: more than P50.00 to
Notes: DAO 80, series of 1987
B. Failure to Comply with Report Requirements- Certification of concerned P200.00
classifies mangrove, irrespective agencies attesting that no such Imprisonment: 8 years and 1
of size, as timber. license was issued to the day to 12 years
offender
Moreover, PD 705 as amended by Value of logs or forest
Sec. 4 of RA 7161 prohibits the products: more than P200.00
cutting of all species of to P6,000
mangroves. DOJ Opinion No. 23, Imprisonment: 8 years and 1
SeriesFishing
C. Illegal of 1994Activities
supports the day to 12 years
and Dealing in Illegally-Caught Fish or Fishery Products
interpretation favoring ban on
mangrove
1. Capture cutting. spawners, eggs or fry
of breeders, Value of logs or forest
products: more than P6,000 to
“Timber” shall mean a piece of P12,000
wood having an average diameter Imprisonment: 10 years and 1
of at least 15 cm and a length of at day to 12 years
least 1.5 m., except all mangrove
species which in all cases, shall be Value of logs or forest
considered asand
2. Construction timber regardless
Operation of Corrals/Traps, Fish Pens and Fish Cages
of Fish products: more than P12,000
size (Sec. 1.11, DAO 80, S. 1987) to P22,000
Imprisonment: 14 years, 8
months and 1 day to 20 years
Possible violation: Recommended evidence for Value of logs or forest Where to file:
Unauthorized possession of Unauthorized possession of products: more than P22,000
timber or other forest products timber or other forest products in Imprisonment: 15 years, 2 Prosecutor’s Office
(Sec. 77, PD 705) relation to Mangrove destruction: months and 21 days to 20
years (additional 1 year for
104
Elements: To prove element # 1: every P10,000 in excess of
1. The offender is in possession the P22,000), however, not to
of timber or other with
forestStandards- Pictures showing that the exceed 20 years
product offender is in actual
2. He has no legal documents possession of cut mangrove Deportation without further
required by law and species proceedings if persons liable
regulations for such - Apprehension/investigation are aliens.
possession
4. Fishing report or affidavit
in overexploited or fishery management areasof witness
showing the above Confiscation in favor of the
government of the timber or
To prove element # 2: any forest products cut,
- Certification of DENR that gathered, collected, removed,
there is no permit to possess or possessed, as well as the
mangrove species machinery, equipment,
- Affidavit of apprehending implements and tools illegally
5. Fishing without license or necessary officer
permits that
orno
notsuch used in the area
license with documentary
complying where the
requirements
was produced by the offender timber or forest products are
when asked found.
(Sec. 77, PD 705 imposing

penalties prescribed in Art.
310 (qualified theft) in relation
6. Intrusion of licensed and unlicensed commercial fishers in municipal to
waters
Article 309 (penalty for
theft) of the Revised Penal
Code)
Possible violation: Unlawful Recommended evidence for Penalties: Where to file:
occupation or destruction of Unlawful occupation or
forest lands (Sec. 78, PD 705) destruction of forest lands in Fine: P500.00 to P20,000.00 Prosecutor’s Office
relation to Mangrove destruction: and
Elements: Enters, occupies or To prove element # 1: Imprisonment: 6 months to 2

possesses - Affidavit of witnesses attesting years for each such offense,
1. The offender enters, that the offender is occupying and
occupies, possesses any the mangrove area;
105
forest land Payment:10 times the rental
2. The offender has no authority To prove element # 2: fees and other charges which
under a license agreement, - Affidavit of apprehending party would have accrued had the
lease, license or permit to that no copy of such authority, occupation and use of the land
possess such forest land license agreement, lease, been authorized under a
license, permit to occupy license agreement, lease,
mangrove area was produced license or permit
when demanded;
B. Failure to Comply with Report Requirements Maximum penalty for repeat
offenders
- Certification from the Double the maximum of the
appropriate DENR Office that penalty for third-time offenders
no such authority exists
(Section 78)

Possible violation: Unlawful Recommended Evidence for Penalties: Where to file:
forest lands and grazing lands lands in relation to Mangrove Fine: P500.00 to P20,000.00 Prosecutor’s Office
(Sec. 78, PD 705) destruction: and
Elements: Inand
2. Construction anyOperation
manner of Fish Corrals/Traps,
Fish Imprisonment: 6 months to 2
Pens and Fish Cages
destroys such forest land or - Picture of the destroyed years for each such offense,
part thereof mangrove area or part thereof and
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
2. The offender has no authority representative of DENR fees and other charges which
showing the above would have accrued had the
occupation and use of the land
To prove element # 2: been authorized under a
- Certification from DENR that license agreement, lease,
106
no authority to destroy license or permit
mangrove was issued.
3. Failure to Comply with Standards Maximum penalty for repeat
Possible violation: Unlawful Recommended evidence for offenders Where to file:
forest lands and grazing lands lands in relation to Mangrove Double the maximum of the Prosecutor’s Office
(Sec. 78, PD 705) destruction: penalty for third-time offenders
Elements: Causes any damage To proved element # 1: (Section 78)
to the timber stand and other - Pictures of damaged mangrove
products and forest growth stand and other mangrove
found therein products
1. The offender causes damage - Site inspection report, or
to the timber standing and affidavit of witnesses
other products and forest
growthwithout
5. Fishing found inlicense
the forest
or necessary permits or not complying with documentary requirements
Possible violation: Unlawful Recommended Evidence for Where to file:

occupation or destruction of Assisting, aiding or abetting any
6. Intrusion
forest lands of licensed
and grazingand unlicensed
lands othercommercial fishers in
person to destroy municipal waters
forest Prosecutor’s Office
(Sec. 78, PD 705) lands in relation to Mangrove
destruction:
Elements:
7. Marketing Assists, aids or
and buying abets
illegally-caught fish & fishery species
any other person to do so To prove element # 1 & 2:
1. The offender assisted, aided - Pictures of damaged mangrove
or abetted a person stand and other mangrove
2. Such person caused damage products
to the timber stand and other - Site inspection report or affidavit
products and forest growth of witnesses attesting to the
damage to the mangrove stand,
or other mangrove products
- Affidavit showing that the
107
offender assisted, aided or
abetted a person to destroy the
mangrove stand
Possible violation: Unlawful Recommended evidence for Where to file:

occupation or destruction of Refusal to vacate the area when
forest lands and grazing lands ordered to do so in relation to Prosecutor’s Office
(Sec. 78, PD 705) Mangrove destruction:
Elements: Refuses to vacate the To prove element # 1:
area when ordered to do so - Picture of the mangrove area
1. The offender occupied an 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 DENR, or
3. That
C. Illegal the offender
Fishing refused
Activities to
and Dealing BFAR in the case
in Illegally-Caught of FLAs
vacate the area occupied
despite
1. Capture the orderspawners, eggsTo
of breeders, orprove
fry element # 3:
- Affidavit of witness or
investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate

Possible violation: Illegal of Fish Corrals/Traps,
RecommendedFish Pens and
evidence for Fish Cages
Penalties: Where to file:
occupation of National Parks Illegal occupation of National
System and recreation areas Parks System and recreation Fine: P500 to P20,000,
and vandalism therein (Sec. 80, areas and vandalism therein in exclusive of the value of the Prosecutor’s Office
PD 705) relation to Mangrove destruction: thing damaged; and
Elements: To prove element # 1: Eviction of the offender from

1. The offender in any manner - Pieces of cut, destroyed, the land and
cut, destroy, damage or damaged or removed mangrove
remove timber or any species found in a National Park Forfeiture in favor of the
108
of vegetation or forest cover - Site inspection report or affidavit government of all timber or
and other natural resources of witnesses any species or vegetation and
3. Failure
found to
in Comply withPark
the National Standards other natural resources
system, or To prove element # 2; collected or removed, and any
2. Such acts as above - Affidavit of apprehending officer construction or improvement
mentioned is without any that no such permit was shown
permit when demanded;
- Certification
4. Fishing in overexploited or fishery management from the DENR that
areas
no such permit was issued

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 Prosecutor’s Office
1067) years but not more than six
5. Fishing without license or necessary permits
To prove or not
Element complying with documentary
# 1: years requirements
Elements: Unauthorized - Picture of dikes around the
obstruction of river or waterway mangrove area in a river or Fine exceeding three
waterway; thousand but not more than
1. There is obstruction of a river - Ocular inspection or six thousand
or waterway; investigation report
2. The obstruction is - Affidavit indicating the Both at the discretion of the
6. Intrusion of licensed and unlicensedconstruction
unauthorized commercialoffishers
dikes inina municipal court
waters
mangrove area in a river or
waterway Both at the discretion of the
7. Marketing and buying illegally-caught fish & fishery species court
To prove Element # 2:
such obstruction is not
permitted
Possible violation: Recommended evidence for

Unauthorized obstruction of Occupancy of riverbank in
river or waterway or occupancy relation to Mangrove destruction:
of riverbank (Sec. 91 (B)(3), PD
109
1067) To prove Element # 1:
- Testimony of witnesses indicating
occupancy of a mangrove area
Elements: Occupancy of along a riverbank
riverbank - Picture of area occupied
- Ocular inspection or investigation
1. There is occupancy of a report
riverbank or seashore;
2. The
B. Failure to occupancy is without
Comply with To prove Element # 2:
Report Requirements
permission. - Certification from DENR that such
occupancy is not permitted
Possible violation: Logging in Recommended evidence for Penalties: Where to file:

critical habitats (Sec. 27(c)(v), Logging in critical habitats in
RA 9147) relation to Mangrove destruction: Imprisonment: 1 month to Prosecutor’s Office
eight years and/or
Elements:
C. Illegal Fishing Activities and DealingTo in prove Element #1 Fish or Fishery Products
Illegally-Caught
1. Logging activity is undertaken - Photo or video showing that Fine: P5,000 to 5 million
1. Capturein an
of area by thespawners,
breeders, violator eggs or frylogging activities were pesos
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
Note: Loggingand
2. Construction is not defined in
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
Unauthorized issuance of tax Unauthorized issuance of tax
declaration (Sec. 85, PD 705) declaration in relation to Imprisonment:2 to 4 years Prosecutor’s Office
3. Failure to Comply with StandardsMangrove destruction:
Elements: Perpetual disqualification from
1. Offender is a public officer or To prove element # 1: holding elective or appointive
employee; - Certification from concerned office
2. Offender issues tax government office/officer that
declaration
4. Fishing to a real property
in overexploited the offenderareas
or fishery management is a public officer
3. He issued such tax or employee;
declaration without
certification from Director of
Forest Development AND To prove element # 2:
Director of Lands (now DENR - Certified True Copy of the tax
based on EO No. 192) that declaration issued with
the area declared for taxation signature of the offender
is alienable
5. Fishing andlicense
without disposable affixed toor
or necessary permits it;not complying with documentary requirements
land
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 mangrove
area is a forest in municipal
land and not waters
classified as A & D;
To prove
7. Marketing and buying illegally-caught fishelement # 4:
& fishery species
issued for the mangrove area;
and
LGU that the subject property
is not occupied or possessed
1955.
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E. Mining & Quarrying
1. Illegal upland mining

Possible violation: Theft of Recommended evidence for Penalties: Where to file:
Minerals (Section 103, RA 7942) Theft of Minerals in relation to
Illegal upland mining: Imprisonment: six (6) months Prosecutor’s Office
Elements: to six (6) years or
B. Failure to Comply with Report Requirements To prove Element #1 Fine: Ten thousand pesos
1. There is extraction and disposal - Report on the extraction and (P10,000.00) to Twenty
of minerals disposition of minerals thousand pesos (P20,000.00),
2. Such extraction and disposal - Photo or video showing the or both, at the discretion of the
was without a mining extraction and disposition of appropriate court.
agreement, lease, permit, minerals
license - Photo or video of In addition, he shall be liable
minerals/mineral products, to pay damages and
C. Illegal
Notes: Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
including the tools, compensation for the
Illegally-sourced minerals/mineral equipment and conveyance minerals removed, extracted,
1. Capture
products ofare
breeders, spawners,
those which eggs or fry used in the commission of
are mined, and disposed of.
extracted, removed and/or disposed the offense
of without authority or permit under - Sample of minerals In the case of associations,
existing mining laws, rules and - Seizure receipt partnerships, or corporations,
regulations. (Section 116, DAO - Results/certification of kind the president and each of the
2010-21) and volume of mineral directors thereof shall be
- Affidavit of responsible for the acts
2. Construction
The transportand Operation
of all of Fish Corrals/Traps,
minerals/mineral Fish Pens and Fish Cages
apprehending/arresting committed by such
products and by-products, including officer and witnesses, if any, association, corporation, or
gold on extraction and disposition partnership.
bullions, by Permit Holders, of minerals
Contractors, accredited traders,
retailers, processors and other To prove Element #2:
mining rights holders must be - MGB Certification as to the
accompanied by an Ore Transport lack of mining agreement,
Permit issued by the Regional lease, permit, license
Director concerned or his/her duly - MGB Certification as to the
112
authorized lack of Ore Transport Permit
representative: Provided, That the or Delivery Receipt
3. Failureoftosand
transport Comply with Standards
and gravel shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
The absence of any of the foregoing

documents
4. Fishing in shall be considered
overexploited or fishery management areas
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 the offense in favor of the
Government
5. pursuant
Fishing without to P.D.
license orNo.
necessary permits or not complying with documentary requirements
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
mining laws, rules and regulations,
6. Intrusion
final of licensed
confiscation and unlicensed
can be effected to commercial fishers in municipal waters
be followed by the filing of the
complaint for theft of minerals.
Possible violation: Violation of the Recommended Evidence for Penalties: Where to file:
Terms and Conditions of the ECC Violation of the Terms and
in a mining or quarrying project Conditions of the ECC in a Imprisonment: six (6) months Prosecutor’s Office
(Section 108, RA 7942) mining or quarrying project in to six (6) years or
relation to Illegal upland Fine: Fifty thousand pesos
1. Offender is a holder of an ECC mining: (P50,000.00)
in a mining or quarrying project to Two hundred thousand
2. Offender wilfully violates or To prove Element #1: pesos (P200,000.00)
grossly neglects to abide by the - Certified true copy of the
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terms and conditions of the ECC ECC in a mining or or both imprisonment and fine,
3. The failure or neglect caused quarrying project in the at the discretion of the court
environmental damage through uplands,
pollution - Certification by EMB that an
ECC has been issued
(optional)

-
B. Failure to Comply with Report Requirements Photo or video showing
willful violation and gross
negligence to abide by the
terms and conditions of the
ECC
- Report on the willful
violation and gross
terms and conditions
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or of the Products
Fishery
ECC
1. Capture of breeders, spawners, eggs or- fry Affidavit of witness on the
ECC

- Air, land,Fish
2. Construction and Operation of Fish Corrals/Traps, water sample
Pens and Fish Cages
- Results/certification of
laboratory examination of
samples
environmental damage
through pollution
Possible Violation: Illegal Recommended evidence for Penalties: Where to file:

Obstruction to Government Illegal Obstruction to
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Officials in mining projects Government Officials in Fine not exceeding Five Prosecutor’s Office
(Section 109, RA 7942) mining projects in relation to thousand pesos (P5,000.00)
3. Failure to Comply with Standards Illegal upland mining: or by imprisonment not
Elements: exceeding one
To prove Elements #1 and 2: (1) year, or both, at the
1. There is a performance by the - Report or affidavit of official discretion of the court.
Secretary, the Director or any of as to the prevention or
their representatives
4. Fishing of duties
in overexploited obstruction
or fishery management of the
areas
under the provisions of the performance of their duties
Mining Act and of the related to upland mining
regulations promulgated - Photo or video showing the
2. A person illegally prevents or act of prevention or
obstructs such performance obstruction
Possible violation: Operating Recommended evidence for Penalties: Where to file:

mining project without an ECC Operating mining project
6. Intrusion
(Sec. of licensed
179, DAO 2010-21 and unlicensed
in relation commercial
without an ECCfishers in municipal
in relation to waters
Fine: Maximum of Five Prosecutor’s Office
to Sec. 110 of RA 7942) Illegal upland mining: thousand pesos (P5,000.00)
Elements:
7. To fish
Marketing and buying illegally-caught prove& Elements #1:
fishery species (Section 110, RA 7942)
1. Contractors/Permit Holders - Photo or video showing that
operate a mining project contractor or permit holder
2. Mining project has no ECC is operating mining project
- Report on the
abovementioned activity
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- Certification from EMB on
the lack of ECC
Possible violation: Willful violation

Recommended evidence for
and gross neglect to abide by the Willful violation and gross
terms and conditions of the ECC neglect to abide by the terms
(Sec. 179, DAO 2010-21 in relation and conditions of the ECC in
to Sec. 110 of RA 7942) relation to Illegal upland
mining:
Elements: To prove Elements #1:
1. Contractor is a holder of an - Photo or video showing that
ECC contractor or permit holder
2. There is willful violation and is operating mining project
gross neglect to abide by the - Report on the
terms and conditions of the said abovementioned activity
C. IllegalECC Affidavit of witness
Fishing Activities and Dealing in- Illegally-Caught onFishery
Fish or the Products
- Certification from EMB on
the lack of ECC

mining project without an Operating mining project
approved Environmental
2. Construction without an approved
and Operation of Fish Corrals/Traps, Fine: Maximum of Five
Fish Pens and Fish Cages Prosecutor’s Office
Protection and Enhancement Environmental Protection and thousand pesos (P5,000.00)
Program (EPEP) (Sec. 172, DAO Enhancement Program (EPEP)
2010-21 in relation to Sec. 110 of in relation to Illegal upland (Section 110, RA 7942)
RA 7942) mining:
Elements: To prove Elements #1 and #2:

operate a mining project contractor or permit holder
2. Mining project has no approved is operating a mining project
116
EPEP/revised EPEP - Report on the
3. Failure to Comply with Standards - Affidavit of witness on the

- Certification from MGB on
the lack ofareas
4. Fishing in overexploited or fishery management an approved
EPEP/revised EPEP
Possible violation: Practice not in Recommended evidence for Penalties: Where to file:
accordance with anti-pollution Practice not in accordance
6. Intrusion
laws of licensedinand
and regulations unlicensed
mining or commercial
with fishers
anti-pollution in and
laws municipal Remedy
waters any practice MGB Regional
quarrying projects (Sec. 175, DAO regulations in mining or connected with mining or Director, EMB
2010-21 in relation to Sec. 154, quarrying projects in relation quarrying operations, which is Regional Director or
DAO
7. 2010-21)and buying illegally-caught
Marketing to Illegal
fish & upland
fishery mining:
species not in accordance with the PAB
provisions of Department
Elements: To prove Element #1: Administrative Order No.
- Certification from the MGB 2000-98; and
1. Violator is a that violator is a
Contractor/Permittee/Lessee/Pe Contractor/Permittee/Lesse Suspension of the operations
rmit Holder of a mining or e/Permit Holder of a mining
quarrying project or quarrying project in an (Sec. 154, DAO 2010-21)
2. Violator carries out practices not upland area
in accordance with anti-pollution - Certified True Copy of the
117
laws and regulations contract /lease agreement Summary suspension by the
3. There is an actual or imminent or permit of a mining or MGB Regional Director, in
danger to the environment quarrying project (optional) consultation with EMB, until
danger is removed or
To prove Element #2: appropriate measures are
- Photo or video showing that taken by the
violator carries out practices Contractor/Permittee/Lessee/
not in accordance with anti- Permit
pollution laws and
regulations Remedial measures
- Affidavit of witness that
violator carries out practices (Sec. 175, DAO 2010-21)
not in accordance with anti-
pollution laws and
regulations
C. Illegal Fishing Activities and Dealing inTo prove Element Fish

Illegally-Caught #3: or Fishery Products
- Water/air/land samples
1. Capture of breeders, spawners, eggs or- fry Results/certification of
samples
- Affidavit of expert witness as
to the actual or imminent
danger to the environment
Possible violation:
2. Construction Mineral of Fish Corrals/Traps,
and Operation Recommended FishEvidence
Pens andfor Penalties:
Fish Cages Where to file:
exploration/extraction in critical Mineral exploration/extraction
habitats (Sec. 27(c)(iii), RA 9147) in critical habitats in relation to Imprisonment: 1 month to Prosecutor’s Office
Illegal upland mining: eight years and/or
Elements:
1. Mineral exploration and/or To prove Element #1: Fine: P5,000 to 5 million
mineral extraction activities are - Photo or video showing that pesos
conducted in an area by the mineral exploration and/or
violator mineral activities are
2. The activities are done within a conducted in an upland area
118
critical habitat as declared by - Report on the mineral
the DENR Secretary in exploration and/or mineral
accordance with Standards
with Section 25 of extraction activities
RA 9147. - Affidavit of witness on the
mineral exploration and/or
mineral extraction activities
of the offender
- Certification by the PAWB or
issuance by the DENR that
the upland area is
designated as a critical
habitat

activities in violation of the EIA Undertake activities in
6.
LawIntrusion of licensed
or PD 1586 and unlicensed
(Sec. 27(h), RA commercial
violation of thefishers in municipal
EIA Law or PD waters
To be imposed by the EMB Regional
9275) 1586 in relation to Illegal Secretary, upon PAB Director or Pollution
upland mining: recommendation: Adjudication Board
Elements:
7. Marketing and buying illegally-caught fish & fishery species (PAB)
To prove Element #1: Fine: P10,000.00 to
1. Violator undertakes - Photo or video showing that P200,000.00 for every day of
a. activities or violator is undertaking violation, to be increased 10%
development and mining activities or every 2 years
expansion of project, development and expansion
or of mining projects in the Closure, suspension of
b. Violator operates uplands or operated development or construction,
wastewater/sewerage wastewater/sewerage or cessation of operations or,
facilities facilities of mining projects disconnection of water supply,
119
2. Acts violate the Environmental in the uplands until compliance (order may
Impact Statement System Law - Report on the be issued ex parte pending
(Presidential Decree No.1586) abovementioned activities case)
and its implementing rules and - Affidavit of witness on the
regulations. abovementioned activities of (Section 28)
the offender
Note: For projects covered by PD
1586, see complete list in Annex 4. To prove Element #2:
-
B. Failure to Comply with Report Requirements Certification from EMB on
the lack of ECC or findings
by the EMB of the violation
of the terms and conditions
of the ECC; or
- Certified true copy of the
ECC and specific conditions
violated

Possible violation: Gross violation Recommended evidence for Penalties: Where to file:
of the Clean Water Act- Repeated Gross violation of the Clean
violations of the Clean Water Act Water Act- Repeated Prosecutor’s Office
within 2 years (Sec. 28 (b), RA violations of the Clean Water Fine: P500,000.00 to
9275) Act within 2 years in relation to P3,000,000.00 per day for
Illegal upland
2. Construction and Operation of Fish Corrals/Traps, mining:
Fish each day of violation or
Pens and Fish Cages
Elements:
To prove Element #1: Imprisonment: 6 years to 10
1. Violator committed at least 5 - EMB or PAB Orders years, or both
violations of the Clean Water Act showing at least 5 violations
2. Commission is within a period of If offender is a juridical person,
two years To prove Element #2 the president, manager, and
- EMB or PAB Orders pollution control officer or
showing date of official in charge of the
commission of 5 violations operation shall suffer penalty
120
within a period of 2 years herein provided
3. Failure to Comply with Standards Note: In cases of gross

violations, the PAB shall issue
a resolution recommending
that the proper government
agencies file criminal charges
4. Fishing in overexploited or fishery management areas against the violators.
(Section 28)
Noncompliance with the terms Noncompliance with the terms
and conditions of a small-scale and conditions of a small- Cancellation of the contract MGB for the
mining contract (Sec. 21, RA 7076) scale mining contract in administrative
relation to Illegal upland Ejectment from the small- charges under
Elements:
5. mining:
Fishing without license or necessary scale mining area
permits or not complying with documentary requirements Section 21
1. People’s small-scale mining
contract was issued to the To prove Elements # 1 and 2: Fines: not less than Prosecutor’s Office
contractor - Certified true copy of the P20,000.00 and not more than for criminal charges
2. Contractor failed to comply with contract P100,000.00, which may be under Section 27
the terms and conditions of the - Investigation report on the imposed by the Secretary
contract violation of the terms and
conditionsfishers in municipal (Section
of the contract waters 21)
- Photo or video showing the
violation of the terms and Imprisonment: not less than 6
conditions
7. Marketing and buying illegally-caught fish & fisheryof species
the contract months nor more than 6 years
- Affidavit of witness(es) on
the violation of the terms Confiscation and seizure of
and conditions of the equipment, tools and
contract instruments
(Section 27)
Possible violation: Violation of the Recommended evidence for Penalties: Where to file:
rules and regulations issued by Violation of the rules and
121
the Secretary on small-scale regulations issued by the Cancellation of the contract MGB for the
mining (Sec. 21, RA 7076) Secretary on small-scale administrative
mining in relation to Illegal Ejectment from the scale- charges under
Elements: upland mining: scale mining area Section 21
1. People’s Small-scale mining
contract was issued to the - Copy of the contract Fines: not less than Prosecutor’s Office
contractor - Investigation on the violation P20,000.00 and not more than for criminal charges
2. Contractor violated the rules of the rules and regulations P100,000.00, which may be under Section 27
and regulations issued by the - Photo or video showing the imposed by the Secretary
Secretary pursuant to the violation of the rules and
Peoples Small Scale Mining Act regulations (Section 21)
the violation of the rules and Imprisonment: not less than 6
regulations months nor more than 6 years
Confiscation and seizure of

equipment, tools and
instruments
(Section 27)
Possible violation: Abandonment Recommended evidence for Penalties: Where to file:
of the small-scale mining site by Abandonment of the small-
the contractor (Sec. 21, RA 7076) scale mining site by the Cancellation of the contract MGB for the
contractor in relation to Illegal administrative
Elements: upland mining: Ejectment from the scale- charges under
1. Small-scale
2. Construction and mining contract
Operation wasCorrals/Traps, Fish Pens and Fish Cages
of Fish scale mining area Section 21
issued to the contractor - Copy of the contract
2. Contractor abandoned the - Investigation on the Fines: not less than Prosecutor’s Office
mining site abandonment of the mining P20,000.00 and not more than for criminal charges
site P100,000.00, which may be under Section 27
- Photo or video showing the imposed by the Secretary
abandonment of the mining
site (Section 21)
the abandonment of the Imprisonment: not less than 6
122
mining site months nor more than 6 years
3. Failure to Comply with Standards Confiscation and seizure of

instruments
(Section 27)
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 Recommended evidence for Penalties: Where to file:

Minerals (Section 103, RA 7942) Theft of Minerals in relation to
Offshore mining: Imprisonment: 6 months to 6 Prosecutor’s Office
B. Failure
Elements:to Comply with Report Requirements years or
1. There is extraction and disposal - Report on the extraction and Fine: P10,000.00 to
of minerals disposition of minerals P20,000.00, or both, at the
2. Such extraction and disposal offshore discretion of the appropriate
was without a mining - Photo or video showing the court.
agreement, lease, permit, extraction and disposition of
license minerals offshore In addition, he shall be liable
C. Illegal Fishing Activities and Dealing in
- Illegally-Caught
Photo or videoFish
of or Fishery Products
to pay damages and
Notes: minerals/mineral products, compensation for the
1. Capture of breeders,
Illegally-sourced spawners, eggs or fryincluding the tools, equipment minerals removed, extracted,
minerals/mineral
products are those which are mined, and conveyance used in the and disposed of.
extracted, removed and/or disposed commission of the offense
of without authority or permit under - Sample of minerals In the case of associations,
existing mining laws, rules and - Seizure receipt partnerships, or corporations,
regulations. (Section 116, DAO - Results/certification of kind the president and each of the
2010-21) and volume of mineral directors thereof shall be
- Fish Pens and Fish Cages
Affidavit of responsible for the acts
The transport of all minerals/mineral apprehending/arresting officer committed by such
products and by-products, including and witnesses, if any, on association, corporation, or
gold extraction and disposition of partnership.
bullions, by Permit Holders, minerals offshore
Contractors, accredited traders,
retailers, processors and other To prove Element #2:
mining rights holders must be - MGB Certification as to the
accompanied by an Ore Transport lack of mining agreement,
Permit issued by the Regional lease, permit, license
124
Director concerned or his/her duly - MGB Certification as to the
authorized lack of Ore Transport Permit
representative: with
Provided, Standards
That the or Delivery Receipt
transport of sand and gravel shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
The absence
4. Fishing inof any of the foregoing
documents shall be considered
mining and shall cause the
conveyance used in the commission
of
5. the offense
Fishing in favor
without of the or necessary permits or not complying with documentary requirements
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
mining of licensed
laws, rules and unlicensed commercial fishers in municipal waters
and regulations,
final confiscation can be effected to
be followed by the filing of the
Possible violation: Violation of the Recommended Evidence for Penalties: Where to file:
Terms and Conditions of the ECC Violation of the Terms and Imprisonment: 6 months to 6 Prosecutor’s Office
in a mining or quarrying projects Conditions of the ECC in a years or
(Section 108, RA 7942) mining or quarrying projects in
relation to Offshore mining: Fine: P50,000.00 to
1. Offender is a holder of an ECC P200,000.00
in a mining or quarrying project To prove Element #1:
2. Offender wilfully violates or - Certified true copy of the ECC or both imprisonment and
125
grossly neglects to abide by the in a mining or quarrying fine, at the discretion of the
terms and conditions of the project in the offshore area, court
ECC - Certification by EMB that an
3. The failure or neglect caused ECC has been issued
environmental damage through (optional)
pollution
- Photo or video showing willful
B. Failure to Comply with Report Requirements violation and gross
ECC
- Report on the willful violation
and gross negligence to
abide by the terms and
conditions of the ECC
Affidavit of witness
- Illegally-Caught
C. Illegal Fishing Activities and Dealing in Fish on
or the
Fishery Products
1. Capture of breeders, spawners, eggs or frynegligence to abide by the
ECC

- Air, land, water sample
laboratoryFish
2. Construction and Operation of Fish Corrals/Traps, examination
Pens andofFish Cages
samples
through pollution
126
Obstruction to Government Illegal Obstruction to
3. Failureintomining
Officials Comply with Standards
projects Government Officials in mining Fine: not exceeding Prosecutor’s Office
(Section 109, RA 7942) projects in relation to Offshore P5,000.00 or
mining:
Elements: Imprisonment: not exceeding
To prove Elements #1 and 2: 1 year, or
1. There is
4. Fishing inaoverexploited
performance byorthe Report or affidavit
fishery-management areas of official
Secretary, the Director or any of as to the prevention or Both, at the discretion of the
their representatives of duties obstruction of the court.
under the provisions of the performance of their duties
Mining Act and of the related to offshore mining
regulations promulgated - Photo or video showing the
2. A person illegally prevents or act of prevention or
obstructs such performance obstruction
Possible violation: Mining in areas Recommended evidence for Penalties: Where to file:
closed to mining applications Mining in areas closed to
(Sec. 15, par. 4, DAO 2010-21 in mining applications in relation Fine: Maximum of P5,000.00 Prosecutor’s Office
relation to Sec. 110 of RA 7942) to Offshore mining:
6. Intrusion of licensed and unlicensed commercial fishers in municipal (Section
waters 110, RA 7942)
Elements: Prohibited offshore To prove Element #1:
mining - Report of mining in offshore
area& fishery species
7. Marketing and buying illegally-caught fish
1. There is mining in offshore area - Photo or video showing the
2. The offshore area is within five mining
hundred (500) meters from the - Photo or video of
mean low tide level minerals/mineral products,
including the tools, equipment
and conveyance used in the
commission of the offense
- Sample of minerals
- Seizure receipt
127
- Results/certification of kind
and volume of mineral
- Affidavit of
apprehending/arresting officer
and witnesses, if any, on the
offshore mining

- Certification from NAMRIA that
the offshore area is within five
hundred (500) meters from the
mean low tide level

mining project without an ECC Operating mining project
(Sec. 179, DAO 2010-21 in relation without an in relation to Fine: Maximum of P5,000.00 Prosecutor’s Office
to Sec.Fishing
C. Illegal 110 of Activities
RA 7942) and Dealing in
Offshore mining: Fish or Fishery Products
Illegally-Caught
(Section 110, RA 7942)
Elements:
1. Capture Tofry
of breeders, spawners, eggs or prove Elements #1:
operate a mining project contractor or permit holder is
2. Mining project has no ECC operating a mining project in
an offshore area
- Report on the
- Affidavit of
2. Construction and Operation of Fish Corrals/Traps, witness
Fish Penson theFish Cages
and

lack of ECC
128
Possible violation: Willful Recommended evidence for Penalties: Where to file:
violation and gross neglect to Willful violation and gross
3. Failure
abide to terms
by the Comply with
and Standards
conditions neglect to abide by the terms Fine: Maximum of P5,000.00 Prosecutor’s Office
of the ECC (Sec. 179, DAO 2010- and conditions of the ECC in
21 in relation to Sec. 110 of RA relation to Offshore mining: (Section 110, RA 7942)
7942)
To prove Elements #1:
Photo or video
4. Fishing in overexploited or fishery-management areasshowing that
Elements: contractor or permit holder is
1. Contractor is a holder of an operating mining project
ECC - Report on the
2. There is willful violation and abovementioned activity
gross neglect to abide by the - Affidavit of witness on the
terms and conditions of the said abovementioned activity
ECC
To permits
5. Fishing without license or necessary prove Element
or not#2:
lack of ECC

mining project without an Operating mining project
approved Environmental without an approved Fine: Maximum of P5,000.00 Prosecutor’s Office
6. Intrusionand
Protection of licensed and unlicensed
Enhancement commercial fishers
Environmental in municipal
Protection and waters
Program (EPEP) (Sec. 172, DAO Enhancement Program (EPEP) (Section 110, RA 7942)
2010-21 in relation to Sec. 110 of in relation to Offshore mining:
RA 7942)
Elements: - Photo or video showing that
1. Contractors/Permit Holders contractor or permit holder is
operate a mining project operating a mining project
2. Mining project has no approved within an offshore area
EPEP/revised EPEP - Report on the
129
- Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not in Recommended evidence for Penalties: Where to file:
accordance with anti-pollution Practice not in accordance with
laws and regulations in mining or anti-pollution laws and
B. Failure to Comply with Report Requirements Remedy any practice MGB Regional
quarrying projects (Sec. 175, DAO regulations in mining or connected with mining or Director, EMB
2010-21 in relation to Sec. 154, quarrying projects in relation to quarrying operations, which is Regional Director or
DAO 2010-21) Offshore mining: not in accordance with the PAB
- Certification from the MGB 2000-98; and
1. Violator is a that violator is a
C. IllegalContractor/Permittee/Lessee/Pe Contractor/Permittee/Lessee/
Fishing Activities and Dealing in Illegally-Caught Suspension of the operations
rmit Holder of a mining or Permit Holder of a mining or
quarrying
1. Capture project spawners, eggs or fryquarrying project in an
of breeders, (Sec. 154, DAO 2010-21)
2. Violator carries out practices offshore area
not in accordance with anti- - Certified True Copy of the
pollution laws and regulations contract /lease agreement or Summary suspension by the
3. There is an actual or imminent permit of a mining or MGB Regional Director, in
danger to the environment quarrying project (optional) consultation with EMB, until
To prove Element
2. Construction and Operation of Fish Corrals/Traps, Fish #2: appropriate measures are
Pens and Fish Cages
pollution laws and regulations
- Affidavit of witness that Remedial measures
violator carries out practices
not in accordance with anti- (Sec. 175, DAO 2010-21)
130
3. Failure to Comply with Standards - Results/certification of
samples
- Affidavit of expert witness as
to the actual or imminent
danger to the
4. Fishing in overexploited or fishery management environment
areas
3. Onshore mining
Note: “Onshore” means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
(Sec. 3 (aj), RA 7942)
Possible violation: Theft of Recommended evidence for Theft Penalties: Where to file:
Minerals (Section 103, RA 7942) of Minerals in relation to Onshore
mining: Imprisonment: six (6) months Prosecutor’s Office
Elements: to six (6) years or
1. There is extraction and - Report on the extraction and Fine: Ten thousand pesos
disposal of minerals disposition of minerals onshore (P10,000.00) to Twenty
2. Such extraction and disposal - Photo or video showing the thousand pesos
was without
6. Intrusion a miningand unlicensed commercial
of licensed extraction and disposition
fishers of
in municipal (P20,000.00), or both, at the
waters
agreement, lease, permit, minerals onshore discretion of the appropriate
license - Photo or video of court.
minerals/mineral products,
7. Marketing and buying illegally-caught including
Notes: fish & fishery species
the tools, equipment In addition, he shall be liable
Illegally-sourced minerals/mineral and conveyance used in the to pay damages and
products are those which are commission of the offense compensation for the
mined, extracted, removed and/or - Sample of minerals minerals removed, extracted,
disposed of without authority or - Seizure receipt and disposed of.
permit under existing mining laws, - Results/certification of kind and
rules and regulations. (Section 116, volume of mineral In the case of associations,
DAO 2010-21) - Affidavit of partnerships, or
apprehending/arresting officer corporations, the president
The transport of all minerals/mineral and witnesses, if any, on and each of the directors
131
products and by-products, including extraction and disposition of thereof shall be responsible
gold minerals onshore for the acts
bullions, by Permit Holders, committed by such
Contractors, accredited traders, To prove Element #2: association, corporation, or
retailers, processors and other - MGB Certification as to the lack partnership.
mining rights holders must be of mining agreement, lease,
accompanied by an Ore Transport permit, license
Permit issued by the Regional - MGB Certification as to the lack
Director concerned or his/her duly of Ore Transport Permit or
authorized Delivery Receipt
representative: Provided, That the
transport of sand and gravel shall
be covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
The absence of any of the foregoing

documents
C. Illegal shall
Fishing be considered
mining and
1. Capture shall cause
of breeders, the
spawners, eggs or fry
conveyance used in the
commission of the offense in favor
of the Government pursuant to P.D.
No. 1281, subject
2. Construction and to further of Fish Corrals/Traps, Fish Pens and Fish Cages
Operation
investigation. If it is found that the
minerals/mineral products seized
have been mined, extracted or
removed without any permit or
authority under existing mining
laws, rules and regulations, final
confiscation can be effected to be
followed by the filing of the
132
Possible violation: Violation of Recommended Evidence for Penalties: Where to file:
the Terms and Conditions of the Violation of the Terms and
3. Failure
ECC to Comply
in a mining with Standards Conditions of the ECC in a mining Imprisonment: six (6) months
or quarrying Prosecutor’s Office
project (Section 108, RA 7942) or quarrying project in relation to to six (6) years or
Onshore mining:
1. Offender is a holder of an ECC Fine: Fifty thousand pesos
in a mining or quarrying project To prove Element #1: (P50,000.00) to Two hundred
2. Offender
4. Fishing in wilfully violates or
overexploited or fishery- management
Certified true copy of the ECC
areas thousand pesos
grossly neglects to abide by in a mining or quarrying project (P200,000.00)
the terms and conditions of the in the onshore area,
ECC - Certification by EMB that an or both imprisonment and
3. The failure or neglect caused ECC has been issued fine, at the discretion of the
environmental damage through (optional) court
pollution
5. Fishing without license or necessary Photo oror
- permits video showing willful
violation and gross negligence
to abide by the terms and
and gross negligence to abide
by the terms and conditions of
the ECC fishers in municipal waters
- Affidavit of witness on the willful

samples
environmental damage through
133
pollution

Obstruction to Government Illegal Obstruction to Government
Officials in mining projects Officials in mining projects in Fine not exceeding Five Prosecutor’s Office
(Section 109, RA 7942) relation to Onshore mining: thousand pesos (P5,000.00)
or by imprisonment not
Elements: To prove Elements #1 and 2: exceeding one (1) year, or
-
B. Failure to Comply with Report Requirements Report or affidavit of official as
both, at the discretion of the
1. There is a performance by the to the prevention or obstruction
court.
Secretary, the Director or any of the performance of their
of their representatives of duties related to onshore
duties under the provisions of mining
the Mining Act and of the - Photo or video showing the act
regulations promulgated of prevention or obstruction
2. A person illegally prevents or
C. Illegalobstructs
Fishing such performance
Possibleofviolation:
1. Capture breeders,Mining in eggs Recommended
spawners, or fry evidence for Penalties: Where to file:
areas closed to mining Mining in areas closed to mining
applications (Sec. 15, par. 4, applications in relation to Fine: Maximum of Five Prosecutor’s Office
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
2. Construction area
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
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
- Results/certification of kind and
volume of mineral
3. Failure to Comply with Standards - Affidavit of
onshore mining
4. Fishing in overexploited or fisheryTo prove Element

management #2:
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:
5. Fishing Operating
without license Recommended
or necessary evidence
permits or not for with documentary
complying Penalties: requirements Where to file:
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 Prosecutor’s Office
relation to Sec. 110 of RA 7942) mining: thousand pesos (P5,000.00)
Elements: To prove Elements #1: (Section 110, RA 7942)

6. Intrusion
operate aofmining
project contractor orfishers
permit in municipal
holder is waters
2. Mining project has no ECC operating a mining project in an
onshore area
-
7. Marketing and buying illegally-caught Report on the abovementioned
fish & fishery species
activity

lack of ECC
135
Possible violation: Willful Recommended evidence for Penalties: Where to file:
violation and gross neglect to Willful violation and gross
abide by the terms and neglect to abide by the terms and Fine: Maximum of Five Prosecutor’s Office
conditions of the ECC (Sec. 179, conditions of the ECC in relation thousand pesos (P5,000.00)
DAO 2010-21 in relation to Sec. to Onshore mining:
110 of RA 7942) (Section 110, RA 7942)
1. Contractor is a holder of an
B. Failure to Comply with Report Requirements contractor or permit holder is
ECC operating mining project in an
2. There is willful violation and onshore area
gross neglect to abide by the - Report on the abovementioned
terms and conditions of the activity
said ECC - Affidavit of witness on the
Certification from
C. Illegal Fishing Activities and Dealing -in Illegally-Caught EMB
Fish or on the Products
Fishery
lack of ECC
mining project without an Operating mining project without
approved Environmental an approved Environmental Fine: Maximum of Five Prosecutor’s Office
Protection and Enhancement Protection and Enhancement thousand pesos (P5,000.00)
Program (EPEP) (Sec. 172, DAO Program (EPEP) in relation to
2010-21 in relation to Sec. 110 of Onshore mining: (Section 110, RA 7942)
RA 7942)
1. Contractors/Permit Holders contractor or permit holder is
operate a mining project operating a mining project
2. Mining project has no within an onshore area
approved EPEP/revised EPEP - Report on the abovementioned
activity
136
3. Failure to Comply with Standards - Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not Recommended evidence for Penalties: Where to file:
in
4. accordance with anti-pollution
Fishing in overexploited or fisheryPractice not in areas
management accordance with
laws and regulations in mining anti-pollution laws and Remedy any practice MGB Regional
or quarrying projects (Sec. 175, regulations in mining or connected with mining or Director, EMB
DAO 2010-21 in relation to Sec. quarrying projects in relation to quarrying operations, which Regional Director or
154, DAO 2010-21) Onshore mining: is not in accordance with the PAB
- Certification from the MGB that 2000-98; and
1. Violatorwithout
5. Fishing is a violator is
license or necessary permits oranot complying with documentary requirements
Contractor/Permittee/Lessee/P Contractor/Permittee/Lessee/P Suspension of the operations
ermit Holder of a mining or ermit Holder of a mining or
quarrying project quarrying project in an onshore (Sec. 154, DAO 2010-21)
2. Violator carries out practices area
not in accordance with anti- - Certified True Copy of the
pollution laws and regulations contract /lease agreement or Summary suspension by the
6. Intrusion
3. There is of
anlicensed
actual or and unlicensed commercial
imminent fishersorinquarrying
permit of a mining municipal waters
MGB Regional Director, in
danger to the environment project (optional) consultation with EMB, until
7. Marketing and buying illegally-caught To prove
fish Element
& fishery#2:
species appropriate measures are
- Affidavit of witness that violator Remedial measures
carries out practices not in
accordance with anti-pollution (Sec. 175, DAO 2010-21)
laws and regulations
137
samples
the actual or imminent danger
to the environment
Possible violation: Mineral Recommended Evidence for Penalties: Where to file:
exploration/extraction in critical Mineral exploration/extraction in
habitats (Sec. 27(c)(iii), RA 9147) critical habitats in relation to Imprisonment: 1 month to Prosecutor’s Office
Onshore mining: eight years and/or
Elements:
1. Mineral exploration and/or To prove Element #1: Fine: P5,000 to 5 million
mineral extraction activities are - Photo or video showing that pesos
C. Illegalconducted in an areaand
Fishing Activities by the mineral exploration
Dealing in Illegally-Caught Fishand/or
or Fishery Products
violator mineral activities are conducted
2. Theofactivities
1. Capture arespawners,
breeders, done withineggs
a or fryin an onshore area
critical habitat as declared by - Report on the mineral
the DENR Secretary in exploration and/or mineral
accordance with Section 25 of extraction activities
RA 9147. - Affidavit of witness on the
mineral exploration and/or
mineral extraction activities of
the offender

- Certification by the PAWB or
issuance by the DENR that the
onshore is designated as a
critical habitat
138
3. Failure
and to Comply
conditions with Standards and conditions of a small-scale
of a small-scale Cancellation of the contract MGB for the
mining contract (Sec. 21, RA mining contract in relation to administrative
7076) Onshore mining: Ejectment from the small- charges
scale mining area
Elements: To prove Elements # 1 and 2: Prosecutor's Office
1. People’s
4. Fishing in small-scale mining
overexploited Certified true
or fishery- management copy of the
areas Fines: not less than for the criminal
contract was issued to the contract P20,000.00 and not more charges
contractor - Investigation report on the than P100,000.00, which
2. Contractor failed to comply violation of the terms and may be imposed by the
with the terms and conditions conditions of the contract Secretary
of the contract - Photo or video showing the
violation of the terms and (Section 21)
conditions of the contract
5. Fishing without license or necessary - Affidavitorofnot
permits witness(es)
complyingon the Imprisonment:
with documentary not less than 6
requirements
violation of the terms and months nor more than 6
conditions of the contract years

instruments
(Section 27)
Possible violation:
7. Marketing Violation
and buying of Recommended
illegally-caught evidence
fish & fishery speciesfor Penalties: Where to file:
the rules and regulations issued Violation of the rules and
by the Secretary on small-scale regulations issued by the Cancellation of the contract MGB for the
mining (Sec. 21, RA 7076) Secretary on small-scale mining administrative
in relation to Onshore mining: Ejectment from the scale- charges
Elements: scale mining area
1. People’s Small-scale mining To prove Elements # 1 and 2: Prosecutor's Office
contract was issued to the - Copy of the contract Fines: not less than for the criminal
contractor - Investigation on the violation of P20,000.00 and not more charges
2. Contractor violated the rules the rules and regulations than P100,000.00, which
139
and regulations issued by the - Photo or video showing the may be imposed by the
Secretary pursuant to the violation of the rules and Secretary
Peoples Small Scale Mining regulations
Act - Affidavit of witness(es) on the (Section 21)
violation of the rules and
regulations Imprisonment: not less than 6
months nor more than 6
years
instruments
(Section 27)
Possible violation: Abandonment Recommended evidence for Penalties: Where to file:

of the Fishing
C. Illegal small-scale mining
Activities siteDealing
and by Abandonment
in Illegally-Caughtof the small-scale
the contractor (Sec. 21, RA 7076) mining site by the contractor Cancellation of the contract MGB for the
1. Capture of breeders, spawners, eggs (Sec.or fry21, RA 7076) in relation to administrative
Elements: Onshore mining: Ejectment from the scale- charges
1. Small-scale mining contract To prove Elements # 1 and 2: scale mining area
was issued to the contractor - Copy of the contract Prosecutor's Office
2. Contractor abandoned the - Investigation on the Fines: not less than for the criminal
mining site abandonment of the mining site P20,000.00 and not more charges
in the onshore area than P100,000.00, which
Photo or video
- showing
Fish Pens andthe may be imposed by the
Fish Cages
abandonment of the mining site Secretary
in the onshore area
- Affidavit of witness(es) on the (Section 21)
abandonment of the mining site
in the onshore area Imprisonment: not less than 6
months nor more than 6
years
140
instruments
(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
private orinpublic
overexploited
land (Sec.or
3 fishery
(ar), RAmanagement
7942). areas
Possible violation: Ban on white Recommended evidence for Ban Penalties: Where to File:
sand, silica, pebbles and other on white sand, silica, pebbles and
substances that make up any other substances that make up Imprisonment: 2 to 10 years Prosecutor’s Office
marine habitat (Sec. 92, par 4, RA any marine habitat in relation to
8550) Quarrying: Fine: P100,000.00 to
P500,000.00 or
Elements: To prove Elements #1-2:
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.
gathering, selling or exporting o The identity and
a. White sand personal Confiscation of the substance
b. Silica circumstances of taken from its marine habitat
c. Pebbles the apprehended
d. of
6. Intrusion Other substances
licensed and unlicensed commercial fisherspersonin municipal waters
(Section 92, par. 4)
that make up any o The act indicating
marine habitat that the person is
3. Such white sand, silica, gathering, selling
7. Marketing
pebbles orand buying
other illegally-caught fish & fisheryorspecies
substances exporting
come from any marine habitat white sand, silica,
pebbles, or other
substances that
make up marine
habitat
141
- Receipt of samples taken
- Result of laboratory
examination
- Receipt of confiscation
- Certification as to the nature
and probable source of the said
items
Possible
B. Failure to violation:
Comply withBanReport
on Recommended evidence for Ban
Requirements Penalties: Where to file:
extraction of gravel and sand on extraction of gravel and sand
from beaches (Sec. 1, Batas from beaches in relation to Imprisonment: not less than Prosecutor’s Office
Pambansa 265) Quarrying: 6 months or
Elements: To prove Elements #1-2: Fine: not less thanP1,000 or

1. Any person or entity - Affidavit of apprehending
2. Engaged in – officer(s) indicating— Both, at the discretion of the
a. extraction
C. Illegal Fishing Activitiesofand
gravel o
Dealing in Illegally-Caught The identity
Fish and Products
or Fishery court.
and sand personal
1. Capture ofb.breeders,
and such other
spawners, eggs or fry circumstances of (Section 2)
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
- Pictures showing the activity
142
Possible violation: Quarrying in Recommended evidence for Penalties: Where to file:
critical habitats (Sec. 27(c)(vi), Quarrying in critical habitats in
3. Failure
RA 9147) to Comply with Standardsrelation to Quarrying: Imprisonment: 1 month to 8 Prosecutor’s Office
years and/or
Elements: To prove Element #1:
1. Quarrying activities are - Photo or video showing that Fine: P5,000 to 5 million
conducted in an area by the quarrying activities are pesos
violatorin overexploited or fishery management
4. Fishing conducted in a critical habitat
areas
2. The activities are done within a - Report on the quarrying
critical habitat as declared by activities
the DENR Secretary in - Affidavit of witness on the
accordance with Section 25 of quarrying activities of the
RA 9147. offender

-
5. Fishing without license or necessary Certification
permits by complying
or not the PAWB or with documentary requirements
issuance by the DENR that the
area is designated as a critical
habitat

activities in violation of the EIA Undertaking activities in violation
6. Intrusion
Law of licensed
or PD 1586 and RA
(Sec. 27(h), unlicensed commercial
of the EIA Law or fishers in municipal
PD 1586 in waters
To be imposed by the EMB Regional
9275) relation to Quarrying: Secretary, upon PAB Director or Pollution
recommendation: Adjudication Board
Elements: To prove
7. Marketing and buying illegally-caught fish Elements
& fishery#1:
species (PAB)
- Photo or video showing that Fine: P10,000.00 to
1. Violator undertakes violator is undertaking quarrying P200,000.00 for every day of
a. activities or activities or development and violation, to be increased
development and expansion of quarry projects or 10% every 2 years
expansion of project, operated wastewater facilities
or for the quarry project Closure, suspension of
b. Violator operates - Report on the abovementioned development or construction,
wastewater/sewerag activities or cessation of operations or,
e facilities - Affidavit of witness on the disconnection of water
143
2. Acts violate the Environmental abovementioned activities of supply, until compliance
Impact Statement System Law the offender (order may be issued ex
(Presidential Decree No.1586) parte pending case)
and its implementing rules and To prove Element #2:
regulations. - Certification from EMB on the (Section 28)
lack of ECC; or
Note: For projects covered by PD - Copy of the ECC and specific
1586, see complete list in Annex 4. conditions violated
- Testimony
B. Failure to Comply with Report Requirements of witness as to the
lack of ECC or violation of ECC
conditions

1586) in relation to Quarrying: Fine: not to exceed P50,000 Regional EMB
for every violation Director
Elements:
C. Illegal Fishing Activities and Dealing To prove Elements #1
in Illegally-Caught andor#2:
Fish Fishery Products
- Certification from the EMB that
1. Theofproject
1. Capture is a declared
breeders, ECP
spawners, eggs or frythe quarry project is an ECP or
or in a declared ECA is in an ECA
2. Actual undertaking or - Photo or video showing that
operating the declared ECP or person, partnership or
project in an ECA by a person, corporation is undertaking
partnership or corporation quarrying activities or operating
3. The project has no ECC a quarry project that is a
declared ECP
2. Construction and Operation of Fish Corrals/Traps, Fishor in anand
Pens ECA Fish Cages
For a list of ECPs and ECAs, see - Investigation report on the
Annex 4. abovementioned activities

lack of ECC
144
3. Failure to Comply with Standardsrelation to Quarrying:
1586) EMB Regional
Suspension or cancellation of Office
Elements: To prove Elements #1-2: the ECC
1. There are standards, rules, violation of the standards, rules Fine: not to exceed P50,000
and regulations
4. Fishing issued byorthe
in overexploited and regulations
fishery management areasissued by the for every violation
EMB pursuant to PD 1586 EMB
2. Violation of the standards, - Investigation report on the
rules and regulations violation
- Photo or video showing the act,
if applicable

the Terms and
5. Fishing Conditions
without license of or the Violation
necessary permitsof the Terms
or not and
ECC in a mining or quarrying Conditions of the ECC in a mining Imprisonment: six (6) months Prosecutor’s Office
projects (Section 108, RA 7942) or quarrying projects in relation to to six (6) years or
Quarrying: Fine: Fifty thousand pesos
1. Offender is a holder of an ECC (P50,000.00)
in a mining or quarrying project To prove Element #1: to Two hundred thousand
2. Offender wilfully violates or - Certified true copy of the ECC pesos (P200,000.00)
grossly neglects and by
to abide unlicensed commercial
in a quarryingfishers
projectin municipal waters
the terms and conditions of the - Certification by EMB that an or both imprisonment and
ECC ECC has been issued (optional) fine, at the discretion of the
3. The failureand
7. Marketing or neglect
buying caused
illegally-caught fish & fishery species court
environmental damage To prove Element #2:
through pollution - Photo or video showing willful
and gross negligence to abide
by the terms and conditions of
the ECC
145
- Affidavit of witness on the willful

samples
environmental damage through
pollution
Possible violation: Quarrying in Recommended evidence for Penalties: Where to file:

Areas closed to mining Offshore seabed/marine
applications:
C. Illegal Fishing Offshore
Activities and Dealing aggregate quarrying
in Illegally-Caught in relation
Fish to Products
or Fishery Fine: Maximum of Five Prosecutor’s Office
seabed/marine aggregate Quarrying: thousand pesos (P5,000.00)
quarrying
1. Capture (Sec. 15, DAO
of breeders, 2010-21
in relation to Sec. 110 of RA To prove Element #1: (Section 110, RA 7942)
7942) - Report of offshore
seabed/marine aggregate
Elements: quarrying
1. There is seabed/marine - Photo or video showing the
aggregate quarrying quarrying
2. Such quarrying
2. Construction is locatedofatFish Corrals/Traps,
and Operation - Photo or video of quarried
a. offshore areas less products, including the tools,
than 1,500 meters equipment and conveyance
from the mean low used in the commission of the
tide level of land or offense
island(s) and - Sample of quarried materials
b. where the seabed - Seizure receipt
depth is less than 30 - Results/certification of kind and
meters measured at volume of quarried material
mean sea level - Affidavit of
146
3. Failure to Comply with Standards quarrying

- Certification from the NAMRIA
that the offshore area is less
than 1,500 meters
4. Fishing in overexploited or fishery management areas from the
mean low tide level of land or
island(s) and where the seabed
depth is less than 30 meters
measured at mean sea level
Possible violation: Practice not Recommended evidence for Penalties: Where to file:
in accordance with anti-pollution Practice not in accordance with
5. Fishing in mining
without license anti-pollution
or necessary permits orlaws and
not complying Remedy anyrequirements
with documentary practice MGB Regional
DAO 2010-21 in relation to Sec. quarrying projects in relation to quarrying operations, which Regional Director or
154, DAO 2010-21) Quarrying: is not in accordance with the PAB
6. Intrusion
1. ofalicensed and unlicensed commercial
Violator is violator is a fishers in municipal waters
ermit Holder of a mining or ermit Holder of a quarrying
quarrying and
7. Marketing project
buying illegally-caught project
fish & fishery species (Sec. 154, DAO 2010-21)
2. Violator carries out practices - Certified True Copy of the
not in accordance with anti- contract /lease agreement or
pollution laws and regulations permit of a quarrying project Summary suspension by the
3. There is an actual or imminent (optional) MGB Regional Director, in
danger to the environment consultation with EMB, until
To prove Element #2: danger is removed or
- Photo or video showing that appropriate measures are
violator carries out practices not taken by the
in accordance with anti- Contractor/Permittee/Lessee/
147
pollution laws and regulations Permit
- Affidavit of witness that violator
carries out practices not in Remedial measures
accordance with anti-pollution
laws and regulations (Sec. 175, DAO 2010-21)

samples

to the environment
C.F.
Illegal
NIPASFishing Activities
Protected and Dealing in Illegally-Caught Fish or Fishery Products
Area Violations
Possible violation: Illegal hunting Recommended evidence for Penalties: Where to file:
(Sec. 20(a), RA 7586)spawners, eggs Illegal
or fry hunting in relation to
NIPAS Protected Area violations: Fine: P5,000 to P500,000, Prosecutor’s Office
Elements: exclusive of the value of the
1. The offender hunts To prove element # 1: thing damaged or
2. The place where he hunts is - Affidavit of eye witnesses as to
declared as protected area the hunting Imprisonment: 1 to 6 years,
3. The hunting is without permit - Pictures of the act of hunting the or
from the PAMB products of the hunt
Both,
- Certification from PASu or PAMB Restoration or compensation
that the area is declared Protected for the restoration
area
To prove element # 3: Eviction of the offender from

- Certification of the PaSu or PAMB the land,
that such person has no permit
148
Possible violation: Illegal Recommended evidence for Forfeiture in favor of the
Destruction (Sec. 20(a), RA 7586) Illegal Destruction in relation to Government
3. Failure to Comply with StandardsNIPAS Protected Area violations: - of all timber or any
species collected or
Elements: To prove element # 1: removed
1. The offender performed an act - Affidavit of witnesses as to the - including all equipment,
within the protected area destruction devices and firearms
2. Such act
4. Fishing resulted in the or fishery- management
in overexploited Pictures of act or acts
areas used
destruction of any thing within undertaken by the offender; - and any construction or
the protected area; improvement made
3. Such act resulting to To prove element # 2: thereon by the offender.
destruction has no permit from - Pictures of the things destroyed
the PAMB within the protected area, or the Administrative fines and
thing itself, whenever possible penalties
To prove
5. Fishing without license or necessary element
permits # complying
or not 3: (If the offender
with documentary is an
requirements
- Certification from the PAMB that association or corporation,
the act performed by the the president or manager
offender has no permit shall be directly responsible
for the act of his employees
Possible violation: Illegal Recommended evidence for and laborers.)
disturbance (Sec. 20(a), RA 7586) Illegal disturbance in relation to
NIPAS Protectedfishers in municipal waters
Area violations: (Section 21)
Elements: To prove elements # 1 and 2:

7. 1. The offender
Marketing performs
and buying an - Affidavit
illegally-caught fish & of witnesses
fishery indicating
species
act or acts the act or acts performed and
2. Such act or acts causes that it resulted into a disturbance
disturbance within the - Affidavit of expert witness that
protected areas the act or acts caused
3. Such act or acts were disturbance within the protected
performed without permit area, or certification from the
from the PAMB PaSu or PAMB on the above
149
- Certification of PAMB or PASu as
to the absence of permit of the
offender
Possible violation: Illegal Recommended evidence for

possession of plants or animals Illegal possession of plants or
or products derived from animals or products derived from
protected areas (Sec. 20(a), RA protected areas in relation to
7586) NIPAS Protected Area violations:
Elements: To prove element # 1:
1. Offender possesses plants or - Affidavit of witnesses indicating
animals or products derived the possession
from protected areas - Pictures of plants or animals or
2. Such possession was without products derived from protected
permit from the PAMB areas or the items themselves
1. Capture of breeders, spawners, eggs -orCertification
fry of PAMB or PASu as
to the absence of permit of the
offender
Possible violation: Dumping of Recommended evidence for

waste products (Sec. 20(b), RA Dumping of waste products in
7586) relation to NIPAS Protected Area
violations: Fish Pens and Fish Cages
Elements:
1. offender dumped waste Recommended Evidence:
products to the protected
areas To establish element # 1:
2. such waste products are - Picture of the dumped waste
detrimental to the protected products
area, or to plants and animals - Affidavit of witnesses as to the
or inhabitants therein; act of dumping
To establish element # 2:
150
- Sample of the waste products
- Results of the laboratory
3. Failure to Comply with Standards examination of the waste products
and its effect to the protected area,
plants, animals or inhabitants
- Certification of expert witness
as to the effects of the dumped
waste products
4. Fishing in overexploited or fishery management areasto the protected
area, plants, animals or
inhabitants
- Pictures of the protected area,
plants, animals or inhabitants
affected by the dumped waste
products, or the affected items
themselves
Possible
5. Fishingviolation: Illegal use
without license of Recommended
or necessary permits or not evidence for with documentary requirements
complying
motorized equipment (sec. 20(c), Illegal use of motorized
RA 7586) equipment in relation to NIPAS
Protected Area violations:
Elements:
1. The offender used To prove element # 1:
motorized equipment within - Affidavit of witnesses that the
a protected area and unlicensed commercial
offender used fishers in municipal waters
motorized
(motorboat or other equipment within the protected
equipment) area
2. The use
7. Marketing andof buying
such motorized -
illegally-caught Confiscated
fish & fishery motorized
species
equipment is without equipment itself, or pictures
permission from the PAMB thereof
- Certification from the PAMB or
PaSu that said motorized
equipment use is without
permission
151
Possible violation: Mutilating, Recommended evidence for
defacing or destroying objects of Mutilating, defacing or destroying
beauty (Sec. 20(d), RA 7586) objects of beauty in relation to
NIPAS Protected Area violations:
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
B. Failure to cultural
to Comply defaced or destroyed object of
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;
1. Capture of breeders, spawners, eggs -orCertification
fry from PaSu or PAMB
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
152
- Certification as to the location of
the damaged roads or trails from
3. Failure to Comply with Standards PaSu or PAMB
Possible violation: Squatting, Recommended evidence for

mineral locating, or occupation Squatting, mineral locating, or
(Sec. 20(f) RA 7586) occupation in relation to NIPAS
4. Fishing in overexploited or fisheryProtected
managementArea areas
violations:
Elements:
1. The offender squatted, To establish element # 1:
conducted mineral locating or - Affidavit of witnesses as to the
occupied any land squatting, mineral locating, or
2. Such land is part of or within the occupation, or
protected area. - Investigation report/ocular
inspection report from PaSu or
PAMB
- Map showing the location of the
place where squatting, occupying
or mineral locating is undertaken
- Certification from PaSu/PAMB
6. Intrusion of licensed and unlicensedthat
commercial
the place isfishers in municipal
within the PA waters
Possible violation: Illegal Recommended evidence for

structure (Sec.
7. Marketing 20(g),
and RA illegally-caught
buying 7586) Illegal structure
fish in species
& fishery relation to
NIPAS Protected Area violations:
Elements:
1. The offender either To establish Element # 1:
a. constructs any kind of - Affidavit of witnesses as to the
structure, fence or construction, maintenance of
enclosures any kind of structure, fence or
b. maintains any kind of enclosures or conduct of any
structure, fence or business enterprise
enclosures - Pictures of the structure, fence
153
c. conducts any business or enclosures or conduct of the
enterprise business enterprise
2. Said activities are conducted
without a permit from the To establish element # 2:
PAMB - Certification from PaSu/PAMB
3. The activities are done within a that the construction/maintenance
protected area of structure, fence or enclosures
or the conduct of business
enterprise is without permit
- Map showing the location of
structure, fence or enclosure or
business enterprise within PA;
- Certification from PaSu or PAMB
that the structure, fence or
C. Illegal Fishing Activities and Dealing inenclosure or business
Illegally-Caught Fishenterprise
or Fishery Products
is within PA
Possible violation: Leaving Recommended evidence for
refuse or debris (Sec. 20(h), RA Leaving refuse or debris in
violations:
Elements:
1. The offender either To establish element # 1:
a. and
2. Construction leaves refuse orof Fish Corrals/Traps,
Operation - Affidavit ofFish
witnesses as toFish
Pens and anyCages
debris in exposed or of the following:
unsanitary condition o leaving refuse or
b. deposits refuse or debris in exposed or
debris in ground unsanitary condition
c. deposits refuse or o depositing refuse or
debris in bodies of debris in ground
water o depositing refuse or
2. Such as act of leaving or debris in bodies of
depositing is done within a water
154
protected area - Sample or pictures of debris or
refuse recovered in the site
- Certification of PaSu/PAMB
that the above acts were done
within PA
Possible
4. Fishingviolation: Altering or fisheryRecommended
in overexploited management areas evidence for
boundary marks (Sec. 20(i), RA Altering boundary marks in
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,
5. Fishing
2. without
Such marks license
or signs or necessary permits
constitute destroyedorornot complying
defaced with documentary requirements
boundary
boundary mark or sign of the marks or signs
protected areas - Picture of altered, removed,
destroyed or defaced boundary
marks or signs
- commercial
Certification fishers in municipal waters
of PaSu/PAMB
that such mark or sign is a
boundary mark or sign of PA
155
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
or delaying inspection of fish and Obstruction or delaying
fish products (Sec. 103, RA 8550) inspection of fish and fish Fine: not more than Prosecutor’s Office
products in relation to P10,000.00 or
Obstruction to Regulatory
Elements: Inspection and Disregard of Imprisonment: not more than
1. Any person unlawfully Lawful Orders: two (2) years, or
obstructs or delays the
inspection and/or movement of To prove Element #1: Both, upon the discretion of
fish and fishery/aquatic - Affidavit of inspecting officer or the court.
products witness that the offender
2. The inspection or movement is unlawfully obstructed or (Section 103)
authorized under RA 8550 delayed the inspection and/or
movement of fish and
fishery/aquatic products
1. Capture of breeders, spawners, eggs -or fry Certification by BFAR that the
inspection and/or movement of
fish and fishery/aquatic
products is authorized under
RA 8550

2. Construction
to Fishery Law and Operation of Fish Corrals/Traps,
Enforcement Obstruction toFish PensLaw
Fishery and Fish Cages
Officer (sec. 106, RA 8550) Enforcement Officer in relation to Fine: P10,000.00 Prosecutor’s Office
Elements: Inspection and Disregard of Cancellation of the BFAR and MARINA
1. A fishery law enforcement Lawful Orders: registration, permit and/or for administrative
officer is in the performance of license of the vessel charges
his duties To prove Element #1: including the license of the
2. The boat owner, master or - Certification by the BFAR or master fisherman
operator or any person acting other relevant law enforcement
156
on his behalf of any fishing agencies that the fishery law (Section 106)
vessel— enforcement officer is in the
3. Failurea.to Comply
Evades, with Standards performance of his duties
b. Obstructs, or
c. Hinders To prove Element #2:
the performance of the duties by - Affidavit of apprehending
the fishery law enforcement officer officers and witnesses
indicating that
4. Fishing in overexploited or fishery management the boat owner,
areas
master or operator or any
person acting on his behalf of
any fishing vessel evades,
obstructs, or hinders the
performance of the duties by
the fishery law enforcement
officer
5. Fishing without license or necessary - Apprehension
permits or notreport by thewith documentary requirements
complying
apprehending officers
- Medical examination by a
medico-legal officer if enforcer
sustained physical injuries as a
result of obstruction, when
applicable
Possible violation: Refusal to Recommended evidence for Penalties: Where to file:
allow entry, inspection and Refusal to allow entry, inspection
monitoring
7. Marketing byand
thebuying
Department in and monitoring
illegally-caught by species
fish & fishery the To be imposed by the EMB Regional
accordance with the Clean Water Department in accordance with Secretary, upon PAB Director or PAB
Act (Sec. 27 (k), RA 9275) the Clean Water Act in relation to recommendation:
Elements: Inspection and Disregard of Fine: P10,000.00 to
1. A person refuses to allow Lawful Orders: P200,000.00 for every day of
entry, inspection and violation, to be increased
monitoring by DENR officials 10% every 2 years
2. Such entry, inspection and To prove Element #1:
monitoring is in accordance - Report and Affidavit of DENR Closure, suspension of
157
with the provisions of the officials as to the refusal to development or construction,
Clean Water Act allow entry, inspection and or cessation of operations or,
monitoring disconnection of water
- Photo or video showing the act supply, until compliance
of (order may be issued ex
refusal to allow entry, parte pending case)
inspection and monitoring
(Section 28)
- Certification by the EMB/DENR
that entry, inspection and
monitoring is in accordance
with the provisions of the Clean
Water Act
Possible violation: Gross Recommended evidence for Penalties: Where to file:

violation
C. Illegal of theActivities
Fishing Clean Water Act-
and Dealing Gross violation of the
in Illegally-Caught FishClean
or Fishery Products
Blatant disregard of PAB orders Water Act- Blatant disregard of Fine: P500,000.00 to Prosecutor’s Office
(Sec. 28of(c),
1. Capture RA 9275)
breeders, spawners, eggs PAB
or fryorders in relation to P3,000,000.00 per day for
Obstruction to Regulatory each day of violation or
Elements: Inspection and Disregard of
Lawful Orders: Imprisonment: 6 years to 10
1. There is a PAB order years, or both
2. Violator blatantly disregards the To prove Element #1:
PAB order - Certified True Copy of PAB If offender is a juridical
Order/s Fish Pens and Fish Cages
2. Construction and Operation of Fish Corrals/Traps, person, the president,
Examples: manager, and pollution
- non-payment of fines To prove Element #2: control officer or official in
- breaking of seals - Photo or video showing that charge of the operation shall
- operating despite the existence violator is undertaking activities suffer penalty herein
of an order for closure, in blatant disregard of the PAB provided
discontinuance or cessation of order/s
operation. - Report on the abovementioned Note: In cases of gross
activities violations, the PAB shall
- Affidavit of witness on the issue a resolution
158
abovementioned activities of recommending that the
the violator proper government agencies
3. Failure to Comply with Standards file criminal charges against
the violators.
(Section 28)
Possible
4. Fishingviolation: Failure or
in overexploited or fisheryRecommended
management areas evidence for Penalties: Where to file:
refusal to submit reports, notices Failure or refusal to submit
or other information, access to reports, notices or other Imprisonment: 6 months and Prosecutor’s Office
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 DENR for
establishment where chemicals inspection of establishment administrative
are manufactured, processed, where chemicals are Fine: P600.00 to P4,000.00 charges
stored or otherwise held (Sec. 13 manufactured, processed, stored
(b), RA 6969)
5. Fishing without license or necessary or otherwise
permits orheld notin relation towith documentary
complying Shall not be requirements
covered by the
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 To prove Elements #1 (a-c): the Philippines after serving
submit reports, - Report and Affidavit of DENR his or her sentence if the
6. Intrusion ofnotices
or other officials as tofishers in municipal
the failure or waters
offender is a foreigner
information, or refusal to submit reports,
b. Fails to allow access notices or other information; (Section 14 (a)(i))
to records
7. Marketing and buyingasillegally-caught failure
fish & to allow access
fishery speciesto
required by this Act, records required by RA 6969; In case any violation of this
or or failure to permit inspection Act is committed by a
c. Fails to permit partnership, corporation,
inspection of association or any juridical
establishment where person, the partner,
chemicals are president, director or
manufactured, manager who shall consent
processed, stored or to or shall knowingly tolerate
otherwise held such violation shall be
159
directly liable and
responsible for the act of the
employees and shall be
criminally liable as a co-
principal;
(Section 14 (a)(ii))
B. Failure to Comply with Report Requirements In case the offender is a

government official or
employee, he or she shall, in
addition to the above
penalties, be deemed
automatically dismissed from
office and permanently
disqualified from holding any
elective or appointive
position.
(Section 14 (a)(iii))
Administrative fine: P10,000

to 50,000
(Section 15)
160
H. Upland Deforestation
3. Failure- to
pollution Comply withcausing
Deforestation Standards Aquatic pollution - Deforestation
similar hazards and deleterious causing similar hazards and Imprisonment: 6 years and 1 Prosecutor’s Office
effects (Secs. 102 & 4(4), RA deleterious effects causing day to 12 years and/or
8550) similar hazards and deleterious
effects in relation to Upland Fine: P80,000.00 plus an
Elements:
4. Fishing in overexploited or fisherydeforestation:
management areas additional fine of P8,000.00
per day until such violation
1. Deforestation To prove Element #1: ceases and the fines paid.
2. 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
human without license ortonecessary
health, hindrance the permits
affidavitorof not complying
witness on the with documentary requirements
aquatic activities such as same
fishing and navigation
- Certification by BFAR that the
deforestation resulted or is
likely to result in such
6. Intrusion of licensed and unlicensed commercial fishersas
deleterious effects in to
municipal
harm waters
7. Marketing and buying illegally-caught fishand/or real hazard
& fishery to human
species
fishing, or Affidavit of expert
witness as to the hazard and
deleterious effects of the
deforestation
161
Possible violation: Logging in Recommended evidence for Penalties: Where to file:
critical habitats (Sec. 27(c)(v), RA Logging in critical habitats in
9147) relation to Upland deforestation: Imprisonment: 1 month to Prosecutor’s Office
eight years and/or
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
B. Failure as declared
to Comply by the Requirements
with Report - Affidavit of witness on the
DENR Secretary in accordance logging activities in an upland
with Section 25 of RA 9147. area by the offender
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
C. Illegal downActivities
Fishing trees for timber the upland areaFish
and Dealing in Illegally-Caught is designated
or Fishery Products
(www.thefreedictionary.com/logging) as a critical habitat
or the work
1. Capture of felling, trimming
of breeders, spawners, andeggs or fry
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
2. Construction of trees. of Fish Corrals/Traps, Fish Pens and Fish Cages
and Operation

issuance of tax declaration (Sec. Unauthorized issuance of tax
85, PD 705) declaration in relation to Upland Imprisonment:2 to 4 years Prosecutor’s Office
deforestation:
Elements: Perpetual disqualification
1. Offender is a public officer or To prove element # 1: from holding elective or
employee; - Certification from concerned appointive office
2. Offender issues tax declaration government office/officer that
162
to a real property the offender is a public officer
3. He issued such tax declaration or employee;
3. Failure
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
4. Fishing alienable and or fishery management
affixed to it;areas
disposable land
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
5. Fishing without license or necessary permits or as
notA complying
& D; with documentary requirements
issued for the upland area; and
LGU that thefishers
subjectinproperty
municipal waters
is not occupied or possessed
1955.& fishery species
Possible violation: Kaingin (Sec. Recommended evidence for Penalties: Where to file:
53, PD 705) Kaingin in relation to Upland
deforestation: Imprisonment: 2 to 4 years Prosecutor’s Office
Elements:
1. Offender made kaingin To prove element #1: Fine: equal to 8 times the
a. after May 19, 1975 or - Certification by DENR or regular forest charges due
b. before May 19, 1975 but affidavit of witnesses that on the forest products
increased their clearings after offender made kaingin or destroyed, without prejudice
163
May 19, 1975 and/or increased clearings after May to the payment of the full
c. failed to undertake upon 19, 1975 or failed to undertake cost of production of the
notice the activities imposed upon notice the activities occupied area as determined
upon them by proper imposed upon them by proper by the Forest Management
government agency in government agency in Bureau
accordance with the accordance with the
management plan for the management plan for the said Maximum penalty prescribed
said forest or grazing land forest or grazing land herein for offender who
- Inventory of cut trees (to
B. Failure to Comply with Report Requirements repeats the same offense
include volume and height)
- Certified true copy of the Double the maximum of the
management plan penalty upon the offender
who commits the same
offense for the third time.
Eviction and forfeiture to the

government of all
improvements, all vehicles,
1. Capture of breeders, spawners, eggs or fry domestic animals and
equipment of any kind used
in the commission of the
offense
If offender is a government
official or employee,
automatic dismissal from
office and perpetual
disqualification from elective
and appointive positions
(Section 78)
164
Possible violation: Burning in Recommended evidence for Penalties: Where to file:
critical habitats (Sec. 27(c)(iv), RA Burning in critical habitats in
3. Failure to Comply with Standards relation to Upland deforestation:
9147) Imprisonment: 1 month to Prosecutor’s Office
eight years and/or
1. Burning activity is undertaken - Photo or video showing that Fine: P5,000 to 5 million
in an area by the violator burning activities were pesos
2. The activity
4. Fishing is done in a critical
in overexploited undertakenareas
or fishery management in upland area
habitat as declared by the - Affidavit of witness on the
DENR Secretary in accordance burning activities in mangrove
with Section 25 of RA 9147. area by the offender

5. Fishing without license or necessary PAWB certification
- permits or issuance
that the upland area is
designated as a critical habitat
I. Water Pollution
1. 6.
Discharge
Intrusionor
ofdumping
licensed and/or transportcommercial
and unlicensed of pollutantsfishers in municipal waters
Possible violation: Dumping Recommended evidence for Penalties: Where to file:
waste products in critical habitats Dumping waste products in
detrimental to wildlife (Sec. critical habitats detrimental to Imprisonment: 1 month to Prosecutor’s Office
7. Marketing
27(c)(i), and buying illegally-caught
RA 9147) fishin&relation
wildlife fishery species
to Discharge eight years and/or
or dumping and/or transport of
Elements: pollutants: Fine: P5,000 to 5 million
1. Waste products are dumped in pesos
a place by the violator To prove Element #1:
2. The waste products dumped - Affidavit of witness as to the Deportation, without any
are detrimental to wildlife dumping of waste products in further proceedings, after
3. The place is a critical habitat a particular place by the service of sentence and
declared by the DENR offender payment of fines if offender is
165
Secretary in accordance with - Report on the dumping of an alien.
Section 25 of RA 9147. waste products in a place
- Photo or video showing the Fines prescribed to be
dumping of waste products increased by at least 10%
- Sample of waste products every three years
inventory and seizure receipt (Section 28)

waste products
- Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of waste
products to wildlife, or affidavit
of expert witness
C. Illegal Fishing Activities and Dealing in Illegally-Caught as or
Fish to the
Fishery Products
1. Capture of breeders, spawners, eggs or fryproducts on wildlife
the place is designated as a
critical habitat
Possible violation:
2. Construction Introduction
and Operation Recommended
of Fish Corrals/Traps, evidence
Fish Pens andforFish Cages
of wildlife resources (Sec. 27 (d), Introduction of wildlife resources
RA 9147) in relation to Discharge or Imprisonment: 1 month to Prosecutor’s Office
dumping and/or transport of eight years and/or
Elements: pollutants:
1. Wildlife resources are Fine: P5,000 to 5 million
introduced in an area To prove element #1: pesos
2. No permit was issued for the - Report on the introduction of
introduction of the wildlife wildlife resources in an area Forfeiture of all wildlife, its
resources such as release of ballast derivatives or by-products,
166
water with exotic species from and all paraphernalia, tools
Note: The wildlife resources vessels and conveyances used in
3. Failure may
introduced to Comply with Standards
be considered a - Photo or video showing that connection with violations of
pollutant in certain instances based there was introduction of the act.
on the following legal definitions: wildlife resources
- Affidavit of witness on the Deportation , without any
Introduction means bringing species introduction of wildlife further proceedings, after
into the wildin
4. Fishing that is outside its or fishery management
overexploited resources areas service of sentence and
normal habitat (Section 5 (p), - Apprehension report with payment of fines if offender is
Wildlife Act) inventory and seizure receipt an alien.
- Sample of the discharged
Pollutant- shall refer to any ballast water Fines prescribed to be
substance, whether solid, liquid, - Photo or video while taking increased by at least 10%
gaseous or radioactive, which sample of discharged ballast every three years
directly or indirectly: water
5. Fishing without license or necessary Result of
- permits orlaboratory (Section 28) requirements
not complying with documentary
(i) alters the quality of any examination
segment of the receiving - Certification by BFAR/ PAWB/
water body to affect or PCSD that the discharged
tend to affect adversely ballast water contains exotic
any beneficial use thereof; species
6. Intrusion
XXXof licensed and unlicensed commercial
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,
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
Possible violation: Discharge of Recommended evidence for Penalties: Where to file:
material that causes pollution or Discharge of material that
obstructs natural flow (Sec. 27 causes pollution or obstructs
(a), RA 9275) natural flow in relation to To be imposed by the EMB Regional
Discharge or dumping and/or Secretary, upon PAB Director or PAB
Elements: transport of pollutants: recommendation:
1. Violator is in the act of To prove Elements #1-2: Fine: P10,000.00 to
discharging, depositing or - Affidavit of witness as to the: P200,000.00 for every day of
causing to be deposited o discharge or deposit of violation, to be increased
material of any kind material of any kind; 10% every 2 years
2. Act is being done directly or o location of the discharge or
indirectly into the water bodies deposit Closure, suspension of
or along the margins of any - Report on the discharge or development or construction,
C. Illegalsurface
Fishingwater deposit of material
Activities and Dealing in Illegally-Caught Fishoforany kind Products
Fishery or cessation of operations or,
3. Material shall be liable to be - Photo or video showing the act disconnection of water
washed
1. Capture into suchspawners,
of breeders, surface eggs or- frySample of deposited material supply, until compliance
water, either by tide action or (order may be issued ex
by storm, floods or otherwise, To prove Elements #3-4: parte pending case)
4. Material could cause water - Results/certification of
pollution or impede natural flow laboratory examination of (Section 28)
in the water body. deposited material
- Affidavit of expert witness
(when necessary)
2. Construction and Operation of Fish Corrals/Traps, Fish Pensandand Fish Cages
certification that material:
o shall be liable to be washed
into such surface water,
either by tide action or by
storms or floods, or
otherwise, or
o could impede or obstruct
navigation or
o could cause water pollution
168
Possible violation: Pollution of Recommended evidence for Penalties: Where to file:
groundwater (Sec. 27 (b), RA Pollution of groundwater in
3. Failure to Comply with Standards relation to Discharge or dumping
9275)
and/or transport of pollutants: To be imposed by the EMB Regional
Elements: Secretary, upon PAB Director or PAB
To prove Elements #1: recommendation:
1. Violator is in the act of - Affidavit of witness as to act of
discharging,
4. Fishing injecting or or fishery management
in overexploited discharging, injecting or
areas Fine: P10,000.00 to
allowing to seep into the soil or allowing to seep into the soil or P200,000.00 for every day of
sub-soil any substance in any sub-soil any substance in any violation, to be increased
form form 10% every 2 years
2. Substance would pollute - Report on the act in a place
groundwater - Photo or video showing the act Closure, suspension of
3. Does not fall under the - Sample of substance being development or construction,
exception discharged, injected or or cessation of operations or,
5. Fishing without license or necessary permitsallowedor to not
seepcomplying with documentary
disconnectionrequirements
of water
Exception: - Apprehension report with supply, until compliance
inventory and seizure receipt (order may be issued ex
In the case of geothermal projects, parte pending case)
and subject to the approval of the To prove Element #2-3:
DENR, regulated discharge for - Results/certification of (Section 28)
short-term activities (e.g. well laboratory examination of
6. Intrusion
testing, of licensed
flushing, and unlicensed commercial
commissioning, substance fishers in municipal waters
venting) and deep re-injection of - Certification that the
geothermal liquids may be allowed substance would pollute
as long as safety measures are groundwater and that it does
adopted to prevent the not fall under any of the
contamination of the groundwater. exceptions
- Affidavit of expert witness that
Note: the substance would pollute
Possible sources include oil and ground water
grease from car repair shops, mine
tailings, lead and acid from
neighborhood car battery and
electronics recycling shops
169
Possible violation: Disposal of Recommended evidence for Penalties: Where to file:
potentially infectious medical Disposal of potentially infectious
wastes into sea by vessels (Sec. medical wastes into sea by To be imposed by the EMB Regional
27 (d), RA 9275) vessels in relation to Discharge Secretary, upon PAB Director or PAB
or dumping and/or transport of recommendation:
Fine: P10,000.00 to
1. Vessel disposes medical waste To prove Elements #1 and 3: P200,000.00 for every day of
into sea -
B. Failure to Comply with Report Requirements Affidavit of witness as to the violation, to be increased
2. Medical waste is potentially disposal of medical waste; 10% every 2 years
infectious location of disposal; and that
3. Does not fall under the the condition of health and Closure, suspension of
exception - the health or safety safety of individuals on board development or construction,
of individuals on board the the vessel is not threatened by or cessation of operations or,
vessel is threatened by a great a great and imminent peril disconnection of water
and imminent peril - Report on the disposal of supply, until compliance
medical waste Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught (order may be issued ex
- Photo or video showing the act parte pending case)
1. Capture of breeders, spawners, eggs or fryof disposal
(Section 28)
- Sample of disposed medical
waste
laboratory examination that
medical waste
2. Construction and Operation of Fish Corrals/Traps, is potentially
infectious
- Affidavit of expert witness or
Certification that the medical
waste is potentially infectious
170
transport or dumping into sea Unauthorized transport or
3. Failure
waters to Comply
of sewage withor
sludge Standards
solid dumping into sea waters of To be imposed by the EMB Regional
waste (Sec. 27(e), RA 9275) sewage sludge or solid waste in Secretary, upon PAB Director or PAB
relation to Discharge or dumping recommendation:
Elements: and/or transport of pollutants:
Fine: P10,000.00 to
There isintransport
1.4. Fishing or fisheryTo
or dumping
overexploited prove Element
management #1:
areas P200,000.00 for every day of
into sea water of sewage - Photo or video showing the violation, to be increased
sludge or solid waste as transport or dumping of 10% every 2 years
defined in RA 9003 sewage sludge or solid waste
2. Transport or dumping is into sea water Closure, suspension of
unauthorized - Report on the transport or development or construction,
dumping of sewage sludge or or cessation of operations or,
solid waste into sea water or disconnection of water
Affidavitor
5. Fishing without license or necessary permits of not
witness on the with documentary
complying supply, until compliance
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
6. Intrusion of licensed and unlicensed commercial fishers in municipal
laboratory examination of waters
sewage sludge or solid waste

the transport or dumping of
sewage sludge or solid waste
into sea water has no permit
171
Possible violation: Transport, Recommended evidence for Penalties: Where to file:
dumping or discharge of Transport, dumping or discharge
prohibited chemicals, substances of prohibited chemicals, To be imposed by the EMB Regional
or pollutants listed under substances or pollutants listed Secretary, upon PAB Director or PAB
Republic Act No.6969 (Sec. 27(f), under Republic Act No.6969 in recommendation:
RA 9275) relation to Discharge or dumping
and/or transport of pollutants: Fine: P10,000.00 to
Elements: P200,000.00 for every day of
B. Failure to Comply with Report Requirements violation, to be increased
1. There is transport, dumping or - Affidavit of witness as to the 10% every 2 years
discharge act of transport, dumping or
2. Substances being transported, discharge of prohibited Closure, suspension of
dumped or discharged are chemicals, substances or development or construction,
prohibited chemicals, pollutants listed under RA or cessation of operations or,
substances or pollutants listed 6969 or Report on the act of disconnection of water
under RA 6969 transport, dumping or supply, until compliance
discharge of prohibited
C. Illegal Fishing Activities and Dealing in Illegally-Caught (order may be issued ex
chemicals, substances or parte pending case)
1. Capture of breeders, spawners, eggs or fry pollutants listed under RA
6969 (Section 28)
- Photo or video showing the act
of transport, dumping or
discharge of prohibited
chemicals, substances or
pollutants listed under RA
6969
- Sample of prohibited
6969
- Photo or video showing act of
getting samples of the
prohibited chemicals,
substances or pollutants
transported, dumped or
172
discharged
3. Failure to Comply with Standards To prove Elements #2:

laboratory examination that
the transported, dumped or
discharged substances are
prohibited chemicals,
substances or pollutants listed
under RA 6969
Possible violation: Operate Recommended evidence for Penalties: Where to file:

facilities that discharge Operating facilities that
prohibited chemicals (Sec. 27 (g), discharge prohibited chemicals To be imposed by the EMB Regional
RA 9275) in relation to Discharge or Secretary, upon PAB Director or PAB
5. Fishing without license or necessary dumping
permitsand/or
or nottransport
complyingof with documentary
recommendation:requirements
Fine: P10,000.00 to
1. Violator operates facilities that To prove Element #1: P200,000.00 for every day of
discharge or allow to seep, - Affidavit of witness as to violation, to be increased
willfully or through gross operation of facilities that 10% every 2 years
negligence, prohibited discharge or allow to seep
6. Intrusion
chemicals, of substances
licensed and
or unlicensed commercial fishers in municipal waters
prohibited chemicals, Closure, suspension of
pollutants listed under R. A. No. substances or pollutants listed development or construction,
6969 under RA 6969 or Report on or cessation of operations or,
2. Prohibitedand
7. Marketing chemicals, the same
buying illegally-caught fish & fishery species disconnection of water
substances or pollutants are - Photo or video showing the supply, until compliance
discharged or allowed to seep operation of facilities (order may be issued ex
into water bodies or shall be - Sample of discharged parte pending case)
liable to be washed into such prohibited chemicals,
surface, ground, coastal, and substances or pollutants listed (Section 28)
marine water under RA 6969
laboratory examination
showing that the discharged
173
substances are prohibited
6969

- Affidavit and Certification that
the prohibited chemicals,
substances or pollutants are
discharged or allowed to seep
into water bodies or shall be
liable to be washed into such
surface, ground, coastal, and
marine water

activities
C. Illegal in violation
Fishing Activitiesof the
andEIA Undertaking
Dealing in activities
Illegally-Caught Fishinor Fishery Products
Law or PD 1586 (Sec. 27(h), RA violation of the EIA Law or PD To be imposed by the PAB, EMB Regional
9275) of breeders, spawners, eggs or
1. Capture 1586fryin relation to Discharge or Secretary, upon PAB Director, PENRO or
dumping and/or transport of recommendation: CENRO
Fine: P10,000.00 to
1. Violator undertakes To prove Element #1: P200,000.00 for every day of
a. activities or - Photo or video showing that violation, to be increased
development and violator is undertaking 10% every 2 years
2. Construction andexpansion of project,
Operation activities or
of Fish Corrals/Traps, development
Fish and Cages
Pens and Fish
or expansion of projects or Closure, suspension of
b. Violator operates operated development or construction,
wastewater/sewerage wastewater/sewerage facilities or cessation of operations or,
facilities - Report on the disconnection of water
2. Acts violate the Environmental abovementioned activities supply, until compliance
Impact Statement System Law - Affidavit of witness on the (order may be issued ex
(Presidential Decree No.1586) abovementioned activities of parte pending case)
and its implementing rules and the offender
regulations. (Section 28)
174
Note: For projects covered by PD - Certification from EMB on the
3. Failure
1586, to Comply
see complete listwith Standards
in Annex 4. lack of ECC; or
- Copy of the ECC and specific
conditions violated
lack of ECC or violation of
ECC conditions
Possible violation: Illegal Recommended evidence for Penalties: Where to file:
discharge of regulated water Illegal discharge of regulated
pollutants (Sec. 27 (i), RA 9275) water pollutants in relation to PAB, EMB Regional
Discharge or dumping and/or To be imposed by the Director, PENRO or
transport of pollutants: Secretary, upon PAB CENRO
Elements: recommendation:
1. Violatorwithout
5. Fishing discharged regulated
license or necessary Affidavitor
- permits of not
witness as to the
complying Fine: P10,000.00
with documentary to
requirements
water pollutants discharge of regulated water P200,000.00 for every day of
2. Discharge is without the valid pollutants or Report on the violation, to be increased
required discharge permit said act 10% every 2 years
pursuant to this Act or was - Photo or video showing the act
done after the permit was - Sample of regulated water Closure, suspension of
revoked for any violation of pollutants development or construction,
6. Intrusion
conditionof licensed and unlicensed
therein - commercial fishers in
Results/certification of municipal waters
or cessation of operations or,
laboratory examination of disconnection of water
regulated of water pollutants supply, until compliance
7. Marketing and buying illegally-caught- Apprehension
fish & fishery report
specieswith (order may be issued ex
inventory and seizure receipt parte pending case)

- Certification that the discharge
is without the valid required
permits or made after the
permit was revoked for any
violation of any condition
therein
175
Marine Pollution Decree (Sec. 28, Violation of Sec. 4(a) of the
4(a), PD 979) relation to Discharge or dumping P1,000,000.00 for the criminal
and/or transport of pollutants: charges
Elements: Imprisonment: 1 year to 6
To prove Elements #1, 3 & 4: years Philippine Coast
Act is in violation of Section 4 of PD - Affidavit of witness or Report Guard and MARINA
979, such
B. Failure that:
to Comply as to the following:
with Report Requirements or both, for each offense, for the administrative
o The violator discharged, without prejudice to the civil charges
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
substances and other harmful barge, or any other harmful substances:
C. Illegalsubstances floating craft,
Fishing Activities and Dealing in Illegally-Caught Fishoror
other
Fishery Products
3. The discharge is from or out of man-made structures Fine: P500,000.00 to
any ship, vessel, barge, or any
1. Capture of breeders, spawners, eggs or fry o The discharge was made P3,000,000.00 per day for
other floating craft, or other at sea by any method, each day of violation
man-made structures means or manner, into or
4. The discharge is made at sea upon the territorial and Withholding of clearance of
by any method, means or inland navigable waters of such vessel from Philippine
manner, into or upon the the Philippines. port until the fine is paid
territorial and inland navigable - Photo or video showing the
waters ofand
2. Construction the Philippines. above Fish Pens and Fish Cages
Operation of Fish Corrals/Traps, Liability for cleanup costs by
the owner or operator of a
To prove Element #2: vessel or facility which
- Sample of the substance discharged the oil or other
discharged harmful substances
- Photo or video showing act of
taking samples (Section 28, RA 9275)
laboratory examination of Suspension of Seafarer’s
discharged oil harmful Identification Record Book
176
substance (SIRB) and Qualification
- Affidavit of witness as to the Documentation Certificate
3. Failure to Comply with Standards pollution caused by the (QDC) and License
harmful substance
(MARINA Regulations)
- GPS reading as to location of
ship, vessel,
4. Fishing in overexploited or fishery management barge, floating
areas
craft or other man-made
structure
Certification by NAMRIA or Coast
Guard as to the location of ship,
vessel, barge, floating craft or other
man-made structure
Possible
5. Fishing violation:
without Violation
license orof Recommended
necessary permits or not evidence for with documentary
complying Penalties: requirements Where to file:
Marine Pollution Decree (Sec. 28, Violation of Sec. 4(b) of the
4(b) of PD 979) relation to Discharge or dumping P1,000,000.00
and/or transport of pollutants:
To prove Elements #1-2: years
6. Intrusion
Act of licensed
is in violation and
of Section unlicensed
4 of PD - commercial fishers as
Affidavit of witness in to
municipal
the waters
979, such that: incident and location of the or both, for each offense,
source or Investigation report without prejudice to the civil
1. Offender throws,
7. Marketing discharges
and buying or
illegally-caught on the
fish incident species
& fishery and location liability of the offender in
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
in a liquid state - Affidavit of witness or expert
4. into tributary of any navigable witness, when necessary, as
water from which the same to the possibility of refuse
shall float or be washed into matter being washed into the
such navigable water navigable water

- Photo or video of tributary
showing that it is a tributary of
a navigable water
- Certification from the NAMRIA
or PCG that the tributary is a
tributary of a navigable water

Marine Pollution Decree (Sec. 28, Violation of Sec. 4(c) of the
par 5, Fishing
C. Illegal RA 9275Activities
in relationand
to Sec. Marine
Dealing in Pollution Decree
Illegally-Caught Fish orinFishery Products
Fine: P50,000.00 to Prosecutor’s Office
4(c), PD 979) relation to Discharge or dumping P1,000,000.00
1. Capture of breeders, spawners, eggs or and/or
fry transport of pollutants:
To prove Element #1: years
Act is in violation of Section 4 of PD - Affidavit of witness as to the or both, for each offense,
979, such that: deposit of material of any kind without prejudice to the civil
or Investigation report on the liability of the offender in
1. Violator incident accordance with existing
2. Constructiona. anddeposits or causes,
Operation - Photo or video
of Fish Corrals/Traps, showing
Fish Pens andthe actCages
Fish laws
suffers or procures - Apprehension report with
b. to be deposited inventory and seizure receipt
2. material of any kind
3. in any place To prove Element #2-5:
a. on the bank of any - Sample of deposited material
navigable water or - Photo or video of sampling
b. on the bank of any activity
tributary of any - Results/certification of
navigable water, laboratory examination of
178
4. Material shall be liable to be deposited material
washed into such navigable - Affidavit of witness or expert
3. Failure
water, to Comply
either with Standards
by ordinary or high witness, when necessary, that
tides, or by storms or floods, or material:
otherwise, o shall be liable to be
5. Material shall or may washed into such
a. impede or obstruct navigable water, either by
4. Fishing in navigation
overexploitedor or fishery management
ordinary or high tides, or
areas
b. increase the level of by storms or floods, or
pollution of such otherwise, or
water. o shall or may impede or
obstruct navigation or
Exceptions: o shall or may increase the
1. Emergency imperiling life or level of pollution of such
property, or water
2. Unavoidable
5. Fishing without accident,
licensecollision,
or necessary Certification
- permits bycomplying
or not NAMRIA orwith documentary requirements
or stranding or PCG that water is a navigable
3. In any cases which constitute water
danger to human life or
property or
4. A real threat to vessels, aircraft,
platforms, or other man-made
6. Intrusion
structure,oforlicensed and unlicensed commercial fishers in municipal waters
5. If dumping appears to be the
only way of averting the threat
and if there is probability that
the damage consequent upon
such dumping will be less than
would otherwise occur, and as
otherwise permitted by
regulations prescribed by the
National Pollution Control
Commission or the Philippine
Coast Guard
179
violation of the Clean Water Act- Gross violation of the Clean
deliberate discharge of toxic Water Act- deliberate discharge Fine: P500,000.00 to Prosecutor’s Office
pollutants (Sec. 28 (a), RA 9275) of toxic pollutants in relation to P3,000,000.00 per day for
Discharge or dumping and/or each day of violation or
Elements: transport of pollutants:
Imprisonment: 6 years to 10
1. Violator deliberately discharges To prove Elements #1: years, or both
toxic pollutants identified -
B. Failure to Comply with Report Requirements Affidavit of witness or Report
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
Results/certification
- Illegally-Caught
C. Illegal Fishing Activities and Dealing in Fish of
or Fishery Products
laboratory examination that Note: In cases of gross
1. Capture of breeders, spawners, eggs or fry the toxic pollutant is identified violations, the PAB shall
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 DENR-
EMB that Fish
2. Construction and Operation of Fish Corrals/Traps, the discharged
Pens and Fish Cages(Section 28)
substance is in toxic amount
180
3. Failure violations
Repeated to Complyofwith
theStandards
Clean Water Act- Repeated violations Prosecutor’s Office
Water Act within 2 years (Sec. 28 of the Clean Water Act within 2 Fine: P500,000.00 to
(b), RA 9275) years in relation to Discharge or P3,000,000.00 per day for
dumping and/or transport of each day of violation or
4. Fishing in overexploited or fishery management areas Imprisonment: 6 years to 10
1. Violator committed at least 5 To prove Element #1: years, or both
violations of the Clean Water - EMB or PAB Orders showing
Act at least 5 violations If offender is a juridical
2. Commission is within a period person, the president,
of two years To prove Element #2: manager, and pollution
- EMB or PAB Orders showing control officer or official in
date of commission of 5 charge of the operation shall
violations
5. Fishing without license or necessary permits orwithin a period ofwith
not complying 2 documentary
suffer penaltyrequirements
herein
years provided
Note: In cases of gross

violations, the PAB shall
issue a resolution
recommending that the
proper government agencies
the violators.
(Section 28)
181
Blatant disregard of PAB orders Water Act- Blatant disregard of Fine: P500,000.00 to Prosecutor’s Office
(Sec. 28 (c), RA 9275) PAB orders in relation to P3,000,000.00 per day for
Discharge or dumping and/or each day of violation or
Imprisonment: 6 years to 10
1. There is a PAB order To prove Element #1: years, or both
2. Violator blatantly disregards the -
B. Failure to Comply with Report Requirements Certified True Copy of PAB
PAB order Order/s 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
C. Illegaldiscontinuance or cessation
Fishing Activities of
and Dealing Report on the Fish or Fishery Products
- Illegally-Caught
in
operation. abovementioned activities Note: In cases of gross
1. Capture of breeders, spawners, eggs or fry violations, the PAB shall
issue a resolution
the violators.
(Section 28)
182
pollution - Introduction of Aquatic pollution - Introduction
3. Failure toor
substances Comply
energywithwithStandards of substances or energy with Imprisonment: 6 years and 1 Prosecutor’s Office
deleterious effects (Secs. 102 & deleterious effects in relation to day to 12 years and/or
4(4), RA 8550) Discharge or dumping and/or
transport of pollutants: Fine: P80,000.00 plus an
Elements: additional fine of P8,000.00
4. Fishing in overexploited or fisheryTo prove Elements
management #1:
areas per day until such violation
1. Human or machine, directly or - Affidavit of witness as to act of ceases and the fines paid.
indirectly, introduces introduction by human or
substances or energy to machine of substance or (Section 102)
aquatic environment energy to aquatic environment
2. Introduction results to, or is or Report on the above act
likely to result to, deleterious - Photo or video showing the act
effects as to harm living and - Apprehension report with
non-living
5. Fishing aquatic
without resources,
license inventory
or necessary permits orand
notseizure
complyingreceipt
pose potential and/or real To prove Element #2:
hazard to human health, - Sample of substance
hindrance to the aquatic introduced to aquatic
activities such as fishing and environment
navigation - Photo or video of sampling
activity
6. Intrusion of licensed and unlicensed - commercial fishers in
Results/certification of municipal waters
substance or energy
- Certification that the
substance or energy resulted
to, or is likely to result to,
and/or real hazard to human
183
pollution - waste Aquatic pollution - waste
dumping/disposal (Secs. 102 & dumping/disposal in relation to Imprisonment: 6 years and 1 Prosecutor’s Office
4(4), RA 8550) Discharge or dumping and/or day to 12 years and/or
transport of pollutants:
Elements: Fine: P80,000.00 plus an
To prove Elements #1-3: additional fine of P8,000.00
1. A person/entity dump or - Affidavit of witness as to act of per day until such violation
dispose waste and other
B. Failure to Comply with Report Requirements dumping or disposal of waste ceases and the fines paid.
marine litters and other marine litters to
2. The dumping/disposal is from aquatic environment or Report (Section 102)
any water, land or air transport on the above act
or other human-made structure - Photo or video showing the act
3. The dumping is made to the - Apprehension report with
aquatic environment inventory and seizure receipt
4. The dumping or disposition
C. Illegalresulted
FishingorActivities
is likely toand
result in
Dealing ToIllegally-Caught
in prove Element #4: Fish or Fishery Products
such deleterious effects as to - Sample of waste or other
harm
1. Capture of living and non-living
breeders, spawners, eggs or frymarine litters
aquatic resources, pose - Photo or video of sampling
potential and/or real hazard to activity
human health, - Results/certification of
hindrance to the aquatic laboratory examination of
activities such as fishing and waste or other marine litters
navigation - Certification that the dumping
2. Construction and Operation of Fish Corrals/Traps, or disposal of waste
Fish Pens or andmarine
Fish Cages
litters resulted or is likely to
result in such deleterious
effects as to harm living and
non-living aquatic resources,
hazard to human health, or
activities such as fishing and
navigation
184
pollution - Discharge of Aquatic pollution - Discharge of
3. Failure to
petroleum, Comply with Standards petroleum, carbonaceous
carbonaceous Imprisonment: 6 years and 1 Prosecutor’s Office
materials/substances, other materials/substances, other day to 12 years and/or
radioactive, noxious or harmful radioactive, noxious or harmful
liquid substances (Secs. 102 & liquid substances in relation to Fine: P80,000.00 plus an
4(4), RA 8550) Discharge or dumping and/or additional fine of P8,000.00
4. Fishing in overexploited or fisherytransport
management of pollutants:
areas per day until such violation
Elements: ceases and the fines paid.
1. A person/entity discharges - Affidavit of witness as to discharge (Section 102)
petroleum, carbonaceous of petroleum, carbonaceous
materials/substances, other materials/ substances, other
liquid substances liquid substances or Report on the
2. The discharge
5. Fishing withoutislicense
from any act
or necessary permits or not complying with documentary requirements
water, land or air transport or - Photo or video showing the act
other human-made structure - Apprehension report with
3. The discharge is made to the inventory and seizure receipt
aquatic environment
4. The discharge resulted or is To prove Element #4
likely to result in such - Sample of discharged
6. Intrusion
deleteriousof licensed
effects asand unlicensed commercial
to harm substance fishers in municipal waters
living and non-living aquatic - Photo or video of sampling
resources, pose potential activity
and/or real hazard to human - Results/certification of
health, hindrance to the aquatic laboratory examination that
activities such as fishing and discharged substance is
navigation petroleum, carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances
- Certification that the discharge of
petroleum, carbonaceous
185
liquid substances resulted 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, or hindrance to the
aquatic activities such as fishing
and navigation
1586) in relation to Discharge or Fine: not to exceed P50,000 Regional EMB
dumping and/or transport of for every violation Director
1. The
C. Illegal projectActivities
Fishing is a declared
and ECP ToIllegally-Caught
Dealing in prove Elements #1 and
Fish or#2:
Fishery Products
or in a declared ECA - Certification from the EMB that
2. Actual
1. Capture undertaking
of breeders, or operating
spawners, eggs or frythe project is an ECP or is in
the declared ECP or project in an ECA
an ECA by a person, - Photo or video showing that
partnership or corporation person, partnership or
3. The project has no ECC corporation is undertaking
activities or operating project
For a list of ECPs and ECAs, see that is a declared ECP or in an
Annex 4.
2. Construction ECA
abovementioned activities or
Affidavit of witness on the

lack of ECC
186
ECC terms and conditions (Sec. Violation of ECC terms and
3.PD
9, Failure
1586)to Comply with Standards conditions in relation to Suspension or cancellation of EMB Regional Office
Discharge or dumping and/or the ECC
Fine: not to exceed P50,000
1. An ECC was issued for the To prove Element #1: for every violation
project in overexploited or fishery- management
4. Fishing Certified copy of the ECC
areas
2. There is a violation of the
terms and conditions of the To prove Element #2:
ECC - Affidavit of witness or
Investigation report as to the
violation of the terms and
violationor not complying with documentary requirements
5. Fishing without license or necessary permits

1586) relation to Discharge or dumping EMB Regional Office
and/or transport of pollutants: Suspension or cancellation of
Elements: the ECC
To prove Elementsfishers
#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
7. Marketing andPDbuying
1586 illegally-caught fish
regulations violated
& fishery species
2. Violation of the standards, rules - Affidavit of witness or
and regulations Investigation report as to
rules and regulations issued
by the EMB
act, if applicable
187
Possible violation: Littering, Recommended evidence for Penalties: Where to file:
throwing, dumping of waste Littering, throwing, dumping of
matters in public places (Sec. 48 waste matters in public places in Fine: P300.00 to P1,000.00 Prosecutor’s Office
(1), RA 9003) relation to Discharge or dumping or
and/or transport of pollutants:
Elements: Community service: 1 to 15
To prove Elements #1-2: days to an LGU where such
1. Actual littering, throwing, - Photo or video showing the act prohibited acts are
dumping
B. Failure of waste
to Comply withmatters,
Report or of littering, throwing, dumping
Requirements committed, or both;
causing or permitting the same; of waste matters or causing or
2. Acts done in public places, permitting the same in public (Sec. 49, par (a))
such as roads, sidewalks, places, such as roads,
canals, esteros or parks, and sidewalks, canals, esteros or
establishment. parks, and establishment
- Report or Affidavit of witness
on the act of littering, throwing,
dumping or waste
C. Illegal Fishing Activities and Dealing in Illegally-Caught matters
Fish or Products
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: Where to file:

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 Prosecutor’s Office
facilities prescribed (Sec. 48 (13), centers or facilities prescribed in P200,000.00
RA 9003)
2. Construction relation to Discharge
and Operation of Fish Corrals/Traps, Fish Pens orand
dumping
Fish Cages
and/or transport of pollutants: or
Elements:
To prove Elements #1-2: Imprisonment: 30 days to 3
1. Violator transports and dumps - Affidavit of witness or Report years, or Both
in bulk collected domestic, as to the transport and
industrial, commercial, and dumping in bulk of collected (Sec. 49, par (e))
institutional wastes wastes in areas other than
2. Dumping was made in areas centers or facilities prescribed If the offense is committed
other than centers or facilities under the law by a corporation, partnership,
188
prescribed under the law Photo or video showing the act
- or other juridical identity duly
Certification by EMB showing
- recognized in accordance
3. Failure to Comply with Standards that the area where the with the law, the chief
collected wastes were dumped executive officer, president,
are areas other than centers general manager, managing
or facilities prescribed under partner or such other officer-
the law in-charge shall be liable for
4. Fishing in overexploited or fishery management areas the commission of the
offense penalized under this
Act.
After service of the sentence,

deportation without further
administrative proceedings, if
the offender is an alien
Fines shall be increased by
at least ten (10%) percent
every three (3) years
(Section 49)
6. Intrusion
Possible of licensed
violation: and unlicensed
Storage, commercial fishers
Recommended evidencein for
municipal waters
importation or bringing into Storage, importation or bringing
Philippine territory hazardous and into Philippine territory Imprisonment: 12 years and Prosecutor’s Office
nuclear wastes
7. Marketing and(Sec. 13(d),
buying RA hazardous
illegally-caught and nuclear
fish & fishery wastes in 1 day to 20 years
species for criminal charges
6969) relation to Discharge or dumping
and/or transport of pollutants: Deportation and bar from any EMB for
Elements: subsequent entry into the administrative
To prove Elements #1-2: Philippines after serving his charges
1. Violator - Affidavit of witness or Report or her sentence if the
a) causes, aids or facilitates, as to the causing, aiding or offender is a foreigner
directly or indirectly, in the facilitating in the storage,
storage, importation, or importation or bringing into (Section 14 (b)(i))
bringing into Philippine Philippine territory any amount
189
territory, including its of hazardous and nuclear For managing partner,
maritime economic zones wastes or president or chief executive
even in transit, either by - Affidavit of witness or Report of corporations/associations:
means of land, air or sea as to the actual storage of any
transportation, amount of hazardous and Exemplary damage: at least
or nuclear wastes in any part of P500,000.00
b) keeps in storage in any the Philippines.
part of the Philippines. - Photo or video showing the If foreign firm, the director
2. Any amount of hazardous and
B. Failure to Comply with Report Requirements prohibited acts and all officers of such
nuclear wastes - Sample of hazardous or foreign firm shall be barred
nuclear waste involved from entry into the Philippine,
- Photo or video of sampling
activity Cancellation of its license to
- Results/certification of do business in the
laboratory examination of Philippines
hazardous or nuclear waste
Certification of Fish
- Illegally-Caught
C. Illegal Fishing Activities and Dealing in NAMRIA or
or Fishery (Section 14 (b)(ii))
Products
Coast Guard as to the location
1. Capture of breeders, spawners, eggs or frywhen necessary (e.g. in transit In case offender is a
or in maritime economic zone) government official/employee
- automatic dismissal from
office and permanent
disqualification from holding
any elective or appointive
position
(Section 14 (b)(iii))
Confiscation or forfeiture of
the proceeds of the unlawful
act and instruments, tools or
other improvements including
vehicles, sea vessels, and
aircrafts used
190
(Section 14 (c))
3. Failure to Comply with Standards Obligation to transport or

send back hazardous or
nuclear wastes
Forfeiture of any and all

4. Fishing in overexploited or fishery management areas means of transportation,
including all facilities and
appurtenances that may
have been used in
transporting to or in the
storage in the Philippines of
any significant amount of
hazardous or nuclear wastes
(Section 14 (d))
Administrative fine:
P10,000.00 to P50,000.00
(Section 15)

7. Marketing
Possible and buying
violation: Failureillegally-caught
to fish & fishery
Recommended species
evidence for Penalties: Where to file:
undertake clean up operations Failure to undertake clean up
(Sec. 28, par 2, RA 9275) operations in relation to Failure to
clean-up pollution: Fine: P50,000 to P100,000 Prosecutor’s Office
Elements: per day for each day of
To prove Element #1: violation, and
1. There is an order to undertake
clean-up operations - A certified copy of the order to Imprisonment: 2 to 4 years
2. Violator fails or refuses to undertake clean-up operations
undertake clean-up operations (Section 28, paragraph 2)
191
3. Failure or refusal is done To prove Elements #2-3
willfully or through gross - Affidavit of witness or Report as
negligence to
o the failure or
refusal to
undertake clean-
up operations
o and that the
B. Failure to Comply with Report Requirements failure or refusal
was done willfully
affected area before and after
the order to clean up

clean up that results to serious Failure to clean up that results to
injury Fishing
C. Illegal (Sec. 28,Activities
par 2, RAand
9275)
Dealing serious injury in relation
in Illegally-Caught Fish orto Fine: P500,000 per day for
Fishery Products
Failure to clean-up pollution: each day during which the Prosecutor’s Office
1. Capture of breeders, spawners, eggs or fry omission and/or
Elements: To prove Element #1: contamination continues;
- A certified copy of the order to and
1. There is an order to undertake undertake clean-up operations
clean-up operations Imprisonment: 6 years and 1
2. Violator fails or refuses to To prove Elements #2-3 day to 12 years
undertake clean-up operations - Affidavit of witness or Report as
3. Failure orand
2. Construction refusal is doneof Fish Corrals/Traps,
Operation to Fish Pens and Fish Cages (Section 28, paragraph 2)
willfully or through gross o the failure or refusal to
negligence undertake clean-up
4. Failure or refusal results in operations
a. serious injury or loss of o and that the failure or
life, and/or refusal was done
b. irreversible water willfully
contamination of surface, o and the resulting
ground, coastal and serious injury or loss of
marine water. life and/or irreversible
192
water contamination
3. Failure to Comply with Standards affected area before and after
the order to clean up

- Photo or video showing serious
injury or loss
4. Fishing in overexploited or fishery management of life and/or
areas
irreversible water contamination
- Water sample
- Laboratory result and
Certification showing
relationship between the loss of
life, serious injury or irreversible
water contamination of surface,
ground, or
5. Fishing without license or necessary permits coastal and marinewith documentary requirements
not complying
water and failure to cleanup

violation of the Clean Water Act- Gross violation of the Clean Water
Blatant disregard of PAB orders Act- Blatant disregard of PAB Fine: P500,000.00 to Prosecutor’s Office
(Sec. 28 (c), RA 9275) orders in relation to Failure to P3,000,000.00 per day for
clean-up fishers in municipal waters
pollution: each day of violation or
Elements:
1. There is aand
7. Marketing PABbuying
order illegally-caught
- Certified copy ofspecies
fish & fishery PAB Order/s to years, or both
2. Violator blatantly disregards clean up
the PAB order If offender is a juridical
To prove Element #2: person, the president,
- Photo or video showing the manager, and pollution
affected area before and after control officer or official in
the order to clean up in blatant charge of the operation shall
disregard of the PAB order suffer penalty herein
- Report on the abovementioned provided
activities
193
- Certification or Report by EMB Note: In cases of gross
that offender has not violations, the PAB shall
undertaken cleanup operations issue a resolution
in blatant disregard of the PAB recommending that the
Order proper government agencies
the violators.
B. Failure to Comply with Report Requirements (Section 28)

9, PD 1586) conditions in relation to Failure to Suspension or cancellation EMB Regional Office
clean-up pollution: of the ECC
Elements:
To prove Element #1: Fine: not to exceed P50,000
3. AnFishing
C. Illegal ECC was issued for
Activities andthe Certified copy ofFish
Dealing -in Illegally-Caught the or
ECC for every violation
Fishery Products
project
4. There
1. Capture is a violation
of breeders, of the eggs To
spawners, prove Element #2:
or fry
terms and conditions of the - Affidavit of witness or
ECC Investigation report as to the
violation

the Terms and Conditions of the Violation of the Terms and
ECC in a mining or quarrying Conditions of the ECC in a Imprisonment: six (6) months Prosecutor’s Office
project (Section 108, RA 7942) mining or quarrying project in to six (6) years
relation to Illegal discharge of
1. Offender is a holder of an ECC mine tailings: or
in a mining or quarrying project
194
2. Offender wilfully violates or To prove Element #1: Fine: Fifty thousand pesos
grossly neglects to abide by - Certified true copy of the ECC (P50,000.00)
the terms with Standards
and conditions of the in a mining or quarrying project to Two hundred thousand
ECC - Certification by EMB that an pesos (P200,000.00)
3. The failure or neglect caused ECC has been issued
environmental damage (optional) or both imprisonment and
through pollution fine, at the discretion of the
4. Fishing in overexploited or fisheryTomanagement
prove Element #2:
areas court
- Photo or video showing willful
conditions of the ECC,
particularly illegal discharge of
mine tailings
- Report or Affidavit of witness
on the willful
5. Fishing without license or necessary permits or not violation and with documentary requirements
complying
gross negligence to abide by
the terms and conditions of the
ECC, particularly illegal
discharge of mine tailings

- commercial fishers
Air, land, water in municipal waters
sample
samples
Certification by EMB as to the
through pollution brought
about by the discharge of mine
tailings
195
mining project without an ECC Operating mining project without
(Sec. 179, DAO 2010-21 in an ECC in relation to Illegal Fine: Maximum of Five Prosecutor’s Office
relation to Sec. 110 of RA 7942) discharge of mine tailings: thousand pesos (P5,000.00)
Elements: To prove Element #1: (Section 110, RA 7942)

operate a mining project contractor or permit holder is
2. Mining project has no ECC operating mining project
- Affidavit of witness or Report
showing that contractor or
permit holder is operating
mining project

lack of ECC
Possible
1. Capture ofviolation:
breeders, Practice
spawners,noteggs Recommended
or fry evidence for Penalties: Where to file:
in accordance with anti-pollution Practice not in accordance with
laws and regulations in mining anti-pollution laws and Remedy any practice MGB Regional
DAO 2010-21 in relation to Sec. quarrying projects in relation to quarrying operations, which is Regional Director or
154, DAO 2010-21) Illegal discharge of mine tailings:not in accordance with the PAB
2. Construction To prove Element
Fish#1: Administrative Order No.
Pens and Fish Cages
1. Violator is a violator is a
ermit Holder of a mining or ermit Holder of a mining or
quarrying project quarrying project (Sec. 154, DAO 2010-21)
2. Violator carries out practices - Certified Copy of the contract
not in accordance with anti- /lease agreement or permit of
pollution laws and regulations a mining or quarrying project Summary suspension by the
3. There is an actual or imminent (optional) MGB Regional Director, in
196
danger to the environment consultation with EMB, until
To prove Element #2: danger is removed or
3. Failure to Comply with Standards- Photo or video showing that appropriate measures are
violator discharges mine taken by the
tailings not in accordance with Contractor/Permittee/Lessee/
anti-pollution laws and Permit
regulations
Affidavit of witness
4. Fishing in overexploited or fishery- management areas that violator Remedial measures
discharges mine tailings not in
accordance with anti-pollution (Sec. 175, DAO 2010-21)

laboratory
5. Fishing without license or necessary permits or examination of with documentary requirements
not complying
samples
Certification from EMB as to
to the environment brought
about by the discharge of mine
tailings fishers in municipal waters
Other evidence:
inventory and seizure receipt,
if applicable
197
and conditions of a small-scale and conditions of a small-scale Cancellation of the contract MGB for the
mining contract (Sec. 21, RA mining contract in relation to administrative
7076) Illegal discharge of mine tailings: Ejectment from the small- charges under
scale mining area Section 21
Elements: To prove Elements # 1 and 2:
1. People’s small-scale mining - Certified copy of the contract Fines: not less than Prosecutor’s Office
contract was issued to the -
B. Failure to Comply with Report Requirements Investigation report or Affidavit P20,000.00 and not more for criminal charges
contractor of witness(es) on the illegal than P100,000.00, which may under Section 27
2. Contractor failed to comply discharge of mine tailings as a be imposed by the Secretary
with the terms and conditions violation of the terms and
of the contract conditions of the contract (if (Section 21)
applicable)
- Photo or video showing the Imprisonment: not less than 6
illegal discharge of mine months nor more than 6
tailings as a violation
C. Illegal Fishing Activities and Dealing in Illegally-Caught of Fishery
Fish or the years
Products
1. Capture of breeders, spawners, eggs or fry contract Confiscation and seizure of
- Apprehension report with equipment, tools and
inventory and seizure receipt, instruments
if applicable
(Section 27)

the rules andand
2. Construction regulations
Operation issued Violation of the
of Fish Corrals/Traps, rules
Fish andand Fish Cages
Pens
by the Secretary on small-scale regulations issued by the Cancellation of the contract MGB for the
mining (Sec. 21, RA 7076) Secretary on small-scale mining administrative
in relation to Illegal discharge of Ejectment from the scale- charges under
Elements: mine tailings: scale mining area Section 21
1. People’s Small-scale mining
contract was issued to the To prove Elements # 1 and 2: Fines: not less than Prosecutor’s Office
contractor - Certified copy of the small- P20,000.00 and not more for criminal charges
2. Contractor violated the rules scale mining contract than P100,000.00, which may under Section 27
and regulations issued by the - Certified copy of the violated be imposed by the Secretary
198
Secretary pursuant to the rules and regulations issued by
Peoples Small Scale Mining the Secretary pertinent to (Section 21)
3. Failure
Act to Comply with Standards discharge of mine tailings
- Investigation report or Affidavit Imprisonment: not less than 6
of witness(es) on the violation months nor more than 6
of the rules and regulations years
violation of the
4. Fishing in overexploited or fishery management rules and
areas Confiscation and seizure of
regulations equipment, tools and
- Apprehension report with instruments
if applicable (Section 27)
Possible violation: Dumping Recommended evidence for Penalties: Where to file:

waste products in critical Dumping waste products in
habitats
5. Fishingdetrimental to wildlife
without license critical
or necessary habitats
permits detrimental
or not complying towith documentary
Imprisonment:requirements
1 month to Prosecutor’s Office
(Sec. 27(c)(i), RA 9147) wildlife in relation to Illegal eight years and/or
discharge of mine tailings:
Elements: Fine: P5,000 to 5 million
1. Waste products are dumped in To prove Element #1: pesos
a place by the violator - Affidavit of witness or Report
2. The waste products dumped as to the dumping of mine Deportation, without any
are detrimental and unlicensed commercial
to wildlife fishers inplace
tailings in a particular municipal
by watersproceedings, after
further
3. The place is a critical habitat the offender service of sentence and
declared by the DENR - Photo or video showing the payment of fines if offender is
Secretaryand
7. Marketing in accordance with
buying illegally-caught dumping of mine
fish & fishery tailings
species an alien.
Section 25 of RA 9147. - Sample of mine tailings
- Photo or video of the sampling Fines prescribed to be
activity increased by at least 10%
- Apprehension report with every three years

199
laboratory examination of mine
tailings
- Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of mine
tailings to wildlife, or affidavit of
expert witness as to the
products on wildlife
- Certification by the DENR,
PAWB, BFAR or PCSD or
issuance that the place is
designated as a critical habitat
Possible
C. Illegal violation:
Fishing Discharge
Activities of
and Dealing Recommended
in Illegally-Caught evidence
Fish orfor Penalties:
Fishery Products Where to file:
material that causes pollution or Discharge of material that
obstructs
1. Capture natural flow
of breeders, (Sec. 27 eggs causes
spawners, or fry pollution or obstructs
(a), RA 9275) natural flow in relation to Illegal To be imposed by the EMB Regional
discharge of mine tailings: Secretary, upon PAB Director or PAB
Elements: recommendation:
1. Violator is in the act of - Affidavit of witness or Report Fine: P10,000.00 to
discharging, depositing or as to the: P200,000.00 for every day of
causing to
2. Construction andbeOperation
deposited of Fish Corrals/Traps,
o discharge
Fish Pensorand
deposit violation, to be increased
Fish Cages
material of any kind of mine tailings; 10% every 2 years
2. Act is being done directly or o location of the
indirectly into the water bodies discharge or deposit Closure, suspension of
or along the margins of any - Photo or video showing the act development or construction,
surface water - Sample of mine tailings or cessation of operations or,
3. Material shall be liable to be - Apprehension report with disconnection of water
washed into such surface inventory and seizure receipt, supply, until compliance
water, either by tide action or if applicable (order may be issued ex parte
by storm, floods or otherwise, pending case)
200
4. Material could cause water To prove Elements #3-4:
pollution or impede natural - Results/certification of (Section 28)
3. Failure
flow into Comply
the with Standards
water body. laboratory examination of mine
tailings
- Affidavit of expert witness
(when necessary) and
certification that material:
4. Fishing in overexploited or fishery management shall be liable to
o areas
be washed into
such surface
water, either by
tide action or by
storms or floods,
or otherwise, or
o could impede or
5. Fishing without license or necessary permits or notobstruct
navigation or
o could cause
water pollution
Possible violation: Pollution of Recommended evidence for Penalties: Where to file:

groundwater (Sec. 27 (b), RA Pollution of groundwater in
9275) commercial
relation to Illegalfishers in municipal
discharge of waters
mine tailings: To be imposed by the EMB Regional
Elements: Secretary, upon PAB Director or PAB
To prove
7. Marketing and buying illegally-caught fish Elements
& fishery#1:species recommendation:
1. Violator is in the act of - Affidavit of witness or Report
discharging, injecting or as to act of discharging, Fine: P10,000.00 to
allowing to seep into the soil or injecting or allowing to seep P200,000.00 for every day of
sub-soil any substance in any into the soil or sub-soil mine violation, to be increased
form tailings 10% every 2 years
2. Substance would pollute - Photo or video showing the act
groundwater - Sample of substance being Closure, suspension of
3. Does not fall under the discharged, injected or allowed development or construction,
exception to seep or cessation of operations or,
201
- Photo or video of the sampling disconnection of water
Exception: activity supply, until compliance
- Apprehension report with (order may be issued ex parte
In the case of geothermal projects, inventory and seizure receipt, pending case)
and subject to the approval of the if applicable
DENR, regulated discharge for (Section 28)
short-term activities (e.g. well To prove Element #2-3:
testing, flushing, commissioning, - Results/certification of
venting) and deep re-injection of
B. Failure to Comply with Report Requirements laboratory examination of the
geothermal liquids may be allowed mine tailings
as long as safety measures are - Certification or affidavit of
adopted to prevent the expert witness that the mine
contamination of the groundwater. tailings would pollute
groundwater and that it does
not fall under any of the
exceptions
facilitiesofwithout
1. Capture discharge
breeders, spawners, eggs Operating
or fry facilities without
permits (Sec. 27 (c), RA 9275) discharge permits in relation to PAB, EMB Regional
Illegal discharge of mine tailings: To be imposed by the Director, PENRO or
Elements: Secretary, upon PAB CENRO
To prove Elements #1-2: recommendation:
1. Violator is operating facilities - Affidavit of witness or Report
2. Facilities discharge regulated as to operation of the facility Fine: P10,000.00 to
water pollutants
2. Construction that discharges
and Operation of Fish Corrals/Traps, mine and
Fish Pens tailings P200,000.00 for every day of
Fish Cages
3. The discharge is without the - Photo or video showing the act violation, to be increased
valid required permits or made - Sample of mine tailings 10% every 2 years
after the permit was revoked - Results/certification of
for any violation of any laboratory examination that the Closure, suspension of
condition therein. mine tailings discharged are development or construction,
regulated water pollutants or cessation of operations or,
- Photo or video of the sampling disconnection of water
activity supply, until compliance
- Apprehension report with (order may be issued ex parte
202
inventory and seizure receipt, pending case)
if applicable
3. Failure to Comply with Standards (Section 28)
permit was areas
4. Fishing in overexploited or fishery management revoked for any
therein

activities in violation of the EIA Undertaking activities in
Law or PD 1586 (Sec. 27(h), RA violation of the EIA Law or PD To be imposed by the PAB, EMB Regional
9275) 1586 in relation to Illegal Secretary, upon PAB Director, PENRO or
5. Fishing without license or necessarydischarge
permits oformine
not tailings: recommendation:
complying with documentary requirements CENRO
Elements:
To prove Element #1: Fine: P10,000.00 to
1. Violator undertakes - Photo or video showing that violator P200,000.00 for every day of
a. activities or is undertaking mining activities or violation, to be increased
development and development and expansion 10% every 2 years
expansion of project, thereof and/or operating mine
6. Intrusion oforlicensed and unlicensed commercial
wastes treatmentfishers
facilityin municipal Closure,
waters suspension of
b. Violator operates - Affidavit of witness or Report on development or construction,
wastewater/sewerag the abovementioned activities or cessation of operations or,
e facilities
7. Marketing and -
buying illegally-caught Apprehension
fish & fisheryreport
species with disconnection of water
2. Acts violate the Environmental inventory and seizure receipt, supply, until compliance
Impact Statement System Law if applicable (order may be issued ex parte
(Presidential Decree No.1586) pending case)
and its implementing rules and To prove Element #2:
regulations. - Certification from EMB on the (Section 28)
lack of ECC; or violation of
Note: For projects covered by PD ECC conditions
1586, see complete list in Annex 4. - Certified copy of the ECC and
specific conditions violated
203
Possible violation: Illegal Recommended evidence for Penalties: Where to file:
discharge of regulated water Illegal discharge of regulated
pollutants (Sec. 27 (i), RA 9275) water pollutants in relation to To be imposed by the PAB, EMB Regional
Illegal discharge of mine tailings: Secretary, upon PAB Director, PENRO or
recommendation: CENRO
Elements: To prove Elements #1:
- Affidavit of witness as to the Fine: P10,000.00 to
1. Violator discharged regulated discharge of mine tailings or P200,000.00 for every day of
water pollutants
B. Failure to Comply with Report Requirements mine wastes, or Report on the violation, to be increased
2. Discharge is without the valid said act 10% every 2 years
required discharge permit - Photo or video showing the act
pursuant to this Act or was - Sample of discharged Closure, suspension of
done after the permit was materials development or construction,
revoked for any violation of - Results/certification of or cessation of operations or,
condition therein laboratory examination on the disconnection of water
discharged materials as supply, until compliance
regulated waterFish
C. Illegal Fishing Activities and Dealing in Illegally-Caught pollutants (order may be issued ex parte
or Fishery Products
- Apprehension report with pending case)
1. Capture of breeders, spawners, eggs or fry inventory and seizure receipt,

permit wasFish
2. Construction and Operation of Fish Corrals/Traps, revoked
Pensfor
andany
Fish Cages
therein
204
3. Failure to
deliberate Comply of
discharge with StandardsWater Act- deliberate discharge
toxic Fine: P500,000.00 to Prosecutor’s Office
pollutants (Sec. 28 (a), RA 9275) of toxic pollutants in relation to P3,000,000.00 per day for
Illegal discharge of mine tailings: each day of violation or
Elements:
To prove Elements #1: Imprisonment: 6 years to 10
1. Violatorindeliberately
4. Fishing Affidavit of witness
overexploited or fishery- management areas or Report years, or both
discharges as to the deliberate discharge
2. toxic pollutants identified of mine tailings If offender is a juridical
pursuant to RA 6969 - Photo or video showing the act person, the president,
3. Toxic pollutants are in toxic - Sample of mine tailings manager, and pollution
amount discharged control officer or official in
- Photo or video showing the act charge of the operation shall
of taking samples suffer penalty herein provided
5. Fishing without license or necessary - Results/certification
permits of
laboratory examination that the Note: In cases of gross
mine tailings contain toxic violations, the PAB shall
pollutant/s as identified issue a resolution
pursuant to RA 6969 recommending that the
- Apprehension report with proper government agencies
inventory and seizure receipt, file criminal charges against
if applicable fishers in municipal the
waters
violators.

- Certification by the DENR-
EMB that the discharged
substance is in toxic amount
205
Repeated violations of the Clean Water Act- Repeated violations Prosecutor’s Office
Water Act within 2 years (Sec. 28 of the Clean Water Act within 2 Fine: P500,000.00 to
(b), RA 9275) years in relation to Illegal P3,000,000.00 per day for
discharge of mine tailings: each day of violation or
Elements:
1. Violator committed at least 5 -
B. Failure to Comply with Report Requirements EMB or PAB Orders showing years, or both
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
Note: In cases of gross
1. Capture of breeders, spawners, eggs or fry violations, the PAB shall
issue a resolution
the violators.
(Section 28)
206
Marine Pollution Decree (Sec. 28, Violation of Sec. 4(a) of the
3. Failure
par to Comply
5, RA 9275 with to
in relation Standards
Sec. Marine Pollution Decree in Fine: P50,000.00 to Prosecutor’s Office
4(a), PD 979) relation to Illegal discharge of P1,000,000.00 for the criminal
mine tailings: charges
To prove Elements #1, 3 & 4: years Philippine Coast
Act is in violation
4. Fishing of Section 4 or
in overexploited of fishery Affidavit of witness
PD - management areas or Report Guard and MARINA
979, such that: as to the following: or both, for each offense, for the administrative
o The violator discharged, without prejudice to the civil charges
1. Violator discharges, dumps or dumped or suffered, liability of the offender in
suffers, permits the discharge permitted the discharge of accordance with existing laws
of substances mine tailings
2. Such substances are either oil, o The discharge was from If discharge is oil or other
noxious gaseous and liquid or out of any ship, vessel, harmful substances:
substances
5. Fishing andlicense
without other harmful
or necessary permits barge, or any
or not other with documentary requirements
complying
substances floating craft, or other 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 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 such vessel from Philippine
by any method, meansand
orunlicensed commercial fishers inwaters
inland navigable municipal waters
of 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 of the Philippines. above the owner or operator of a
- Apprehension report with vessel or facility which
inventory and seizure receipt, discharged the oil or other
if applicable harmful substances
To prove Element #2: (Section 28, RA 9275)

- Sample of the mine tailings
discharged Suspension of Seafarer’s
- Photo or video showing act of Identification Record Book
taking samples (SIRB) and Qualification
207
Results of laboratory
- Documentation Certificate
examination identifying (QDC) and License
substances contained in the
discharged mine tailings (MARINA Regulations)
- Certification by the EMB that
such substance/s is/are either
oil, noxious gaseous and liquid
substances and other harmful
substances
- GPS reading as to location of ship,
vessel, barge, floating craft or other
man-made structure
- Certification by NAMRIA or
Coast Guard as to the location
of ship, vessel, Fish
C. Illegal Fishing Activities and Dealing in Illegally-Caught barge, orfloating
Fishery Products
craft or other man-made
1. Capture of breeders, spawners, eggs or fry structure

Marine Pollution Decree (Sec. 28, Violation of Marine Pollution
par 5, RA 9275 in relation to Sec. Decree in relation to Illegal Fine: P50,000.00 to Prosecutor’s Office
4(b) of PD 979) discharge of mine tailings: P1,000,000.00

2. Construction To prove Elements
Fish #1-2: Imprisonment: 1 year to 6
Pens and Fish Cages
- Affidavit of witness as to the years
Act is in violation of Section 4 of PD act and location of the source
979, such that: or Investigation report on the or both, for each offense,
said act and location without prejudice to the civil
1. Offender throws, discharges or - Photo or video showing the act liability of the offender in
deposits, dumps, or causes, - Apprehension report with accordance with existing laws
suffers or procures to be inventory and seizure receipt,
thrown, discharged, or if applicable
deposited
208
2. from the shore, wharf To prove Elements #3:
3. any refuse matter of any kind - Sample of the mine tailings
or description with Standards
whatever other - Photo or video of sampling
than that flowing from streets activity
and sewers and passing - Results/certification of
therefrom in a liquid state laboratory examination that the
4. into tributary of any navigable mine tailings discharged is a
water from
4. Fishing which the same
in overexploited refuse matter
or fishery management of any kind or
areas
shall float or be washed into description whatever other
such navigable water than that flowing from streets
and sewers and passing
therefrom in a liquid state
- Affidavit of witness or expert
witness, when necessary, as
to the possibility of mine
tailings being
5. Fishing without license or necessary permits or notwashed into the
navigable water

- Photo or video of tributary
showing that it is a tributary of
a navigable water
- commercial
Certification fishers
from theinNAMRIA
municipal waters
or PCG that the tributary is a
tributary of a navigable water
pollution - Introduction of Aquatic pollution - Introduction
substances or energy with of substances or energy with Imprisonment: 6 years and 1 Prosecutor’s Office
deleterious effects (Secs. 102 & deleterious effects in relation to day to 12 years and/or
4(4), RA 8550) Illegal discharge of mine tailings:
Fine: P80,000.00 plus an
Elements: To prove Elements #1: additional fine of P8,000.00
- Affidavit of witness as to act of per day until such violation
1. Human or machine, directly or introduction by human or ceases and the fines paid.
209
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
hazard
B. Failure to human
to Comply withhealth, To prove Element #2:
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
laboratory examination of the
mine tailings Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
1. Capture of breeders, spawners, eggs or fry introduced mine tailings
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
2. Construction and Operation of Fish Corrals/Traps, Fish Penssuchand
as Fish Cages

pollution - waste Aquatic pollution - waste
dumping/disposal (Secs. 102 & dumping/disposal in relation to Imprisonment: 6 years and 1 Prosecutor’s Office
4(4), RA 8550) Illegal discharge of mine tailings: day to 12 years and/or
Elements: To prove Elements #1-3: Fine: P80,000.00 plus an

- Affidavit of witness as to act of additional fine of P8,000.00
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
marinetolitters
Comply with Standards 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
5. Fishing to thelicense
without aquaticor necessary
- Certification
permits by complying
or not the EMB or with documentary requirements
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
potential and/or real in municipal
hazard to waters
human health, or hindrance to
the aquatic activities such as
pollution - Discharge of Aquatic pollution - Discharge of
petroleum, carbonaceous petroleum, carbonaceous Imprisonment: 6 years and 1 Prosecutor’s Office
materials/substances, other materials/substances, other day to 12 years and/or
liquid substances (Secs. 102 & liquid substances in relation to Fine: P80,000.00 plus an
4(4), RA 8550) Illegal discharge of mine tailings: additional fine of P8,000.00
per day until such violation
211
Elements: To prove Elements #1-3: ceases and the fines paid.
1. A person/entity discharges discharge of mine tailings (Section 102)
petroleum, carbonaceous which may contain petroleum,
materials/substances, other carbonaceous
radioactive, noxious or harmful materials/substances, other
liquid substances radioactive, noxious or harmful
2. The discharge is from any liquid substances or Report on
water, land or air transport or
B. Failure to Comply with Report Requirements the act
other human-made structure - Photo or video showing the act
3. The discharge is made to the - Apprehension report with
aquatic environment inventory and seizure receipt,
4. The discharge resulted or is if applicable
deleterious effects as to harm To prove Element #4:
living and non-living aquatic - Sample of mine tailings
C. Illegalresources, pose potential
Fishing Activities Photo or video of
and Dealing -in Illegally-Caught sampling
and/or real hazard to human activity
health,
1. Capture hindrancespawners,
of breeders, to the eggs -or fry Results/certification of
aquatic activities such as laboratory examination that
fishing and navigation discharged mine tailings
contains petroleum,
carbonaceous
2. Construction and Operation of Fish Corrals/Traps, liquid substances
discharged mine tailings that
contains petroleum,
carbonaceous
liquid substances resulted or is
212
3. Failure to Comply with Standards and/or real hazard to human
health, or hindrance to the

9, PD 1586) conditions in relation to Illegal Suspension or cancellation of EMB Regional Office
discharge of mine tailings: the ECC
Elements:
To prove Element #1: Fine: not to exceed P50,000
1. An ECC was issued for the - Certified copy of the ECC for every violation
project without license or necessary permits or not complying with documentary requirements
5. Fishing
2. There is a violation of the To prove Element #2:
terms and conditions of the - Affidavit of witness or
ECC Investigation report as to the
conditions of the ECC related
to the disposal of mine tailings
- commercial
Photo or videofishers in municipal
showing the waters
violation
Possible violation:
7. Marketing Violation
and buying of Recommended
illegally-caught evidence
fish & fishery species for Penalties: Where to file:
1586) relation to Illegal discharge of EMB Regional Office
mine tailings: Suspension or cancellation of
Elements: the ECC
1. There are standards, rules, - Certified copy of the violated Fine: not to exceed P50,000
and regulations issued by the EMB standards, rules and for every violation
EMB pursuant to PD 1586 regulations related to mine
2. Violation of the standards, tailings
213
rules and regulations - Affidavit of witness or
Investigation report as to
rules and regulations issued by
the EMB
act, if applicable

1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals
Possible violation: Ban on coral Recommended evidence for Ban Penalties: Where to file:
exploitation and exportation (Sec. 91, RA on coral exploitation and
8550) exportation in relation to Imprisonment: 6 months Prosecutor’s
Collection of
C. Illegal Fishing Activities and Dealing in Illegally-Caught endangered
Fish or Fisheryand
Products to 2 years and Office for the
Elements: protected benthic marine life criminal case
1. A person/entity (such as Triton shells and giant Fine: P2,000.00 to
a. gathers, clams) and corals 20,000.00, or BFAR for the
b. possesses, administrative
c. sells, or To prove Element #1: Both at the discretion of case
d. exports - Affidavit of apprehending the court, and
corals officer(s) indicating—
2. Such corals are either ordinary, o The act of gathering, Forfeiture of the subject
precious, and
2. Construction or semi-precious,
Operation of whether possession,
Fish Corrals/Traps, Fish Pens andselling, or
Fish Cages corals, including the
raw in processed form exportation of corals vessel and its proper
3. Such gathering, possession, selling, or o The identity or personal disposition.
export of corals is not for scientific or circumstances of the
research purposes possessor and/or owner The confiscated corals
- Apprehension report with should either be returned
(FAO 202 s. 2000, Sec. 3) inventory and seizure receipt to the sea of donated to
schools or museums for
To prove Element #2: educational or scientific
- Receipts of samples taken purposes or disposed
214
- Turn-over receipt of samples through other means
taken for laboratory examination
3. Failure to Comply with Standards - Certification of BFAR or other (Section 91)
competent authority as to the
classification and condition of
the corals
To proveareas
4. Fishing in overexploited or fishery management Elements #3:
- 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: Where to file:
marketing of shell fishes (Sec. 103 (c), Gathering and marketing of shell
RA 8550) without license or necessary permits
5. Fishing fishesorin relation
not to Collection
complying of Fine:
with documentary P2,000.00 to
requirements Prosecutor’s
endangered and protected benthic P10,000.00 or Office for the
Elements: marine life (such as Triton shells criminal case
1. A person/entity takes, sells, transfers, and giant clams) and corals: Imprisonment:1month
or has in possession for any purpose and 1day to 6 months, or BFAR for the
2. Any shell fish which is To prove Elements #1-2: administrative
a. sexually mature, or - Affidavit indicating the act of Both, upon the discretion case
6. Intrusion
b. of licensed
below and unlicensed
the minimum size, or commercial fishersgathering
collecting, in municipal
and waters of the court
c. above the maximum marketing of shell fishes
quantities prescribed for the - Apprehension report with Administrative fine: not
7. Marketingparticular species.
and buying inventory
illegally-caught fish & fishery and seizure receipt
species more than P10,000.00 or
- 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
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
B. Failure to Comply with Report Requirements tools with which it was
committed
(Section 103)
Possible violation: Poaching in Recommended evidence for Penalties: Where to file:

Philippine waters (Sec. 87, RA 8550) Poaching in Philippine waters in
relation to Collection of Fine: US$100,000.00 Prosecutor’s
C. Elements: endangeredFish
Illegal Fishing Activities and Dealing in Illegally-Caught and or
protected
Fishery benthic
Products Office
1. Any foreign person, corporation or marine life (such as Triton shells Confiscation of catch,
entity
1. Capture offishes or operates
breeders, spawners, eggs or fry and giant clams) and corals:
the fishing fishing equipment and BFAR for
vessel fishing vessel administrative
2. Such fishing activity or operation of To prove Elements #1-2: charges
fishing vessel is conducted within - Affidavit of apprehending (Section 87)
Philippine waters officer(s) indicating—
o The position/location
Prima facie act of poaching (FAO 200, S. of the fishing vessel
2000)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens showing it is inside
and Fish Cagesthe
Philippine waters
1. Foreign fishing vessel enters the including EEZ, internal
Philippine waters waters or municipal
2. Such entry is accompanied by any of waters
the following circumstances: o Actual fishing activity
a. Navigating with its fishing or acts constituting
gear deployed and/or not prima facie evidence
stowed of poaching
b. Navigating with an irregular o That the vessel is not
216
track or route of Philippine
c. Navigating through Philippine nationality
3. Failure to territorial
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
4. Fishing in a manner
overexploited thatmanagement
or fishery fishery
areasproducts and disposal
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
5. Fishing waters and
without license is found permits
or necessary Note:orExclusive Economic
not complying Zone
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 200-
6. Intrusion of licensedtoand
assistance unlicensed
persons, ships commercial
mile limit.fishers
A state in municipal
has waters
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
7. Marketing and buying illegally-caught fish & fisheryfrom water and wind in
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
Possible violation: Fishing or taking of Recommended evidence for Penalties: Where to file:
rare, threatened or endangered species Fishing or taking of rare,
(Sec. 97, RA 8550) threatened or endangered species Imprisonment: 12 to 20 Prosecutor’s
in relation to Collection of years and/or Office for
Elements: endangered and protected benthic criminal charges
1. A person/entity takes fish or fishery marine life (such as Triton shells Fine: P120,000.00 and
species and giant clams) and corals: BFAR for
2. Such fish or fishery species is rare, Forfeiture of the catch, administrative
threatened
B. Failure to Complyor endangered
with Report RequirementsTo prove Elements #1-3: and charges
3. Such rare, threatened or endangered - Affidavit of the apprehending
species is listed in the CITES and is officer(s) indicating— Cancellation of fishing
determined by the Department as such o The identity and permit
personal
circumstances of (Section 97)
the apprehended
person
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish o orThe
Fishery Products
circumstances of
1. Capture of breeders, spawners, eggs or fry the act such as
fishing and/or
taking
- Positive identification and
certification by BFAR or duly
deputized officer of the species
as either rare, threatened or
2. Construction and Operation of Fish Corrals/Traps, endangered
Fish Pens andand listed under
Fish Cages
CITES
218
Possible violation: Killing and Recommended evidence for Penalties: Where to file:
destroying wildlife species (Sec. 27 (a), Destroying wildlife species in
3. Failure
RA 9147) to Comply with Standards relation to Collection of Species listed as critical Prosecutor’s
endangered and protected benthic Imprisonment: 6 years Office
Elements: marine life (such as Triton shells and 1 day to 12 years
1. The wildlife species is killed and and giant clams) and corals: and/or
destroyed by the violator Fine: P100,000 to P1
To proveareas
4. Fishing in overexploited or fishery management element #1: million
Note: There is no violation if the destruction - Affidavit showing the killing and
falls under any of the following: destruction of the endangered Endangered species
a. when it is done as part of the and protected benthic marine Imprisonment: 4 years
religious rituals of established life and corals and 1 day to 6 years
tribal groups or indigenous - Certification or issuance as to and/or
cultural communities; the category of benthic marine Fine: P50,000 to
b. when the wildlife is afflicted life and corals P500,000
with anlicense
5. Fishing without incurable -
or necessary permits Photo
or notor video of killed
complying withand
documentary requirements
communicable disease; destroyed endangered and Vulnerable species
c. when it is deemed necessary protected benthic marine life Imprisonment: 2 years
to put an end to the misery and corals and 1 day to 4 years
suffered by the wildlife; - Specimen of wildlife species and/or
d. when it is done to prevent an that was killed and destroyed (if Fine: P30,000 to
imminent danger to the life or available) P300,000
6. Intrusion of
limblicensed and being;
of a human unlicensed
and commercial
- fishers in report
Apprehension municipal
with waters
e. when the wildlife is killed or inventory and seizure receipt Threatened species
destroyed after it has been Imprisonment: 1 year and
used in authorized research 1 day to 2 years and/or
or experiments. Fine:P20,000 to
P200,000
Other wildlife species

Imprisonment: 6 months
and 1 day to 1 year
and/or
Fine: P10,000 to
P100,000
219
Forfeiture of all wildlife,
its derivatives or by-
products, and all
paraphernalia, tools and
conveyances used in
connection with violations
of the act.
payment of fines if
offender is an alien.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products increased by at least
10% every three years
(Section 28)
Possible violation: Collecting, hunting or Recommended Evidence for Penalties: Where to file:
possessing of wildlife, their by-products Possession of wildlife, their by-
or derivatives (Sec. 27 (f), RA 9147) products or derivatives in relation Species listed as critical Prosecutor’s
to Collection of endangered and Imprisonment: 2 years Office
Elements:
2. Construction protected
and Operation of Fish Corrals/Traps, Fishbenthic
Pens and marine
Fish life
Cages and 1 day to 4 years and
1. There is collection, hunting or (such as Triton shells and giant Fine: P30,000 to 300,000
possession of wildlife, their by-products clams) and corals:
or derivatives Endangered species
2. There is no permit for the possession of To prove element #1 Imprisonment: 1 year and
wildlife, their by-products or derivatives - Photo or video of endangered 1 day to 2 years and
and protected benthic marine Fine: P20,000 to 200,000
life and corals
- Affidavit of witness as to the Vulnerable species
collection, hunting or Imprisonment: 6 months
220
possession of endangered and and 1 day to 1 year and
protected benthic marine life Fine: P10,000 to 100,000
3. Failure to Comply with Standards and corals
- Apprehension report with Other threatened species
inventory and seizure receipt Imprisonment: 1 month
- Certification by BFAR or PCSD and 1 day to 6 months
whichever is appropriate as to and
the areas
4. Fishing in overexploited or fishery management category of the endangered Fine: P5,000 to 50,000
and protected benthic marine
life and corals Other wildlife species
- Specimen of the endangered Imprisonment: 10 days to
and protected benthic marine 1 month and
life and corals (if available) Fine: P1,000 to 5,000
To prove element #2: Note: if act is committed

-
5. Fishing without license or necessary permits Certification by BFAR
or not complying with PCSD through
or documentary inappropriate
requirements
that no permit was issued for techniques and devices,
the collection, hunting or maximum penalty will
possession of endangered and apply
protected benthic marine life
and corals Forfeiture of all wildlife,
its derivatives or by-
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters products, and all
paraphernalia, tools and
conveyances used in
connection with violations
of the act.

payment of fines if
offender is an alien.
221
increased by at least
10% every three years
(Section 28)
Possible
B. Failure to violation:
Comply with Fishing or taking
Report of
Requirements Recommended evidence Penalties: Where to file:
rare, threatened or endangered species for Fishing or taking of
(Sec. 97, RA 8550) rare, threatened or Imprisonment: 12 to 20 years Prosecutor’s
endangered species in and/or Office for criminal
Elements: relation to Capturing charges
1. A person/entity takes fish or fishery and/or injuring Fine: P120,000.00 and
species endangered and BFAR for
2. Such fish or fishery species is rare, protected marine species, Forfeiture of the catch, and administrative
C. Illegalthreatened or endangered
Fishing Activities includingFish
and Dealing in Illegally-Caught sea or
turtles,
Fishery Products charges
3. Such rare, threatened or endangered dugongs, whale sharks, Cancellation of fishing permit
species
1. Capture is listed in
of breeders, the CITESeggs
spawners, and is
or fry manta rays, dolphins and
determined by the Department as such whales: (Section 97)

- Affidavit of the
apprehending officer(s)
indicating—
o The
2. Construction and Operation of Fish Corrals/Traps, Fish Pens identity
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
4. Fishing in overexploited or fishery managementor endangered and
areas
listed under CITES
- Apprehension Report
with inventory and
seizure receipt
marine species and
Possible violation: Ban on whale shark and Recommended evidence Penalties: Where to file:
manta rays (FAO 193, S. 1998) for Ban on whale shark
and manta in municipal
rays in relation waters
Imprisonment: 6 months to 4 Prosecutor’s
Elements: to Capturing and/or years and/or Office
1. A person/entity— injuring endangered and
7. Marketing and buying illegally-caught fish &protected
a. Takes, marine species, Fine: P500 to P5,000
fishery species BFAR for the
b. Catches, including sea turtles, administrative
c. Sells, dugongs, whale sharks, Administrative fine: not more charges
d. Purchases, or manta rays, dolphins and than P5,000
e. Exports, or whales:
f. Accidentally catches Cancellation of fishing
fishery species. To prove Element #1: permit/license
2. The fisheries species involved is whale - Affidavit of the
shark or manta ray apprehending Confiscation of the catch
3. Such species is in any state or form, dead officer(s)/witness
223
or alive indicating that the (FAO 193, S. 1998)
apprehended
person/suspect has
taken, caught, sold,
purchased, or
exported, or
accidentally caught
whale shark or manta
B. Failure to Comply with Report Requirements ray
- Pictures of the whale
shark or manta ray

- Positive identification
and certification by
BFAR or duly
deputized
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish orofficer that Products
Fishery
the species are whale
1. Capture of breeders, spawners, eggs or fry shark or manta ray,
including its state or
condition when
confiscated
Other evidence:
with Pens
2. Construction and Operation of Fish Corrals/Traps, Fish inventory
andand
Fish Cages
seizure receipt
fish and disposal
thereof, if any
224
Possible violation: Ban on dolphins, Recommended evidence Penalties: Where to file:
whales and porpoises (FAO 185, S. 1992, for Ban on dolphins,
3. Failure
as amended to by
FAO 185-1, S. 1997) whales and porpoises in Imprisonment: 6 months to 4
relation to Capturing years and/or Prosecutor’s
Elements: and/or injuring Office
1. A person/entity is— endangered and Fine: P500 to P5,000
a. Taking, protected marine species, BFAR for
4. Fishing in b. including
Catching, or fishery management
overexploited areassea turtles, Administrative fine: not more administrative
c. Selling, dugongs, whale sharks, than P5,000 charges
d. Purchasing, manta rays, dolphins and
e. Possessing, whales: Cancellation of fishing
f. Transporting, or permit/license
g. Exporting, To prove Elements #1-3:
fisheries species - Affidavit of the Confiscation of the catch
2. The fisheries species involved is dolphin, apprehending officer(s)
whale, without
5. Fishing or porpoises
license or necessary permits or indicating (FAO 185 requirements
taking,with documentary
not complying s. 1992)
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
- fishersidentification
Positive in municipal waters
and certification by
BFAR or duly
deputized
7. Marketing and buying illegally-caught fish & fishery speciesofficer of the
species as either
dolphins, whales or
porpoises
with inventory and
seizure receipt
dolphins, whales or
porpoises, and
225
disposal or release
thereof, if any
Possible violation: Poaching in Philippine Recommended evidence Penalties: Where to file:

waters (Sec. 87, RA 8550) for Poaching in Philippine
waters in relation to Fine: US$100,000.00 Prosecutor’s
Elements: Capturing and/or injuring Office
1. Any foreign person, corporation or entity endangered and Confiscation of catch, fishing
fishes
B. Failure or operates
to Comply withthe fishing
Report vessel
Requirements protected marine species, equipment and fishing vessel BFAR for
2. Such fishing activity or operation of including sea turtles, administrative
fishing vessel is conducted within dugongs, whale sharks, (Section 87) charges
Philippine waters manta rays, dolphins and
whales:
Prima facie act of poaching (FAO 200, S.
2000) To prove Elements #1-2:
- Affidavit of
1. Foreign
C. Illegal Fishingfishing vesseland
Activities enters the in Illegally-Caught
Dealing apprehending officer(s)
Philippine waters indicating—
2. Such
1. Capture of entry is accompanied
breeders, spawners,by any or
eggs of fry
the o The
following circumstances: position/locati
a. Navigating with its fishing gear on of the
deployed and/or not stowed fishing vessel
b. Navigating with an irregular showing it is
track or route inside the
c. Navigating through Philippine Philippine
2. Construction and territorial watersofwithout
Operation prior
Fish Corrals/Traps, Fish Penswaters
and Fish Cages
notice to, clearance of, or including
permission from the appropriate EEZ, internal
Philippine authority waters or
d. Navigating in a manner that municipal
does not qualify as innocent waters
passage nor navigating outside o Actual fishing
traditional routes or in identified activity or
fishing grounds acts
e. Navigating without flying its constituting
226
national flag prima facie
3. Or when foreign fishing vessel is found evidence of
3. Failure
within to Complywaters
Philippine with Standards
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
4. Fishing in distress, or for purpose
overexploited of management
or fishery - Copy
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
5. Fishing such foreign
without licensefishing vessel is permits
or necessary in or thereof, if any with documentary requirements
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

7. Marketing and buying illegally-caught fish &Zone (EEZ)
fishery refers to the
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
exploration and use of
marine resources, including
energy production from
water and wind in the EEZ.
(United Nations Convention
on the Law of the Sea,
2011)

Possible violation: Importation or Recommended evidence Penalties: Where to file:
exportation of fish or fishery species (Sec. for Importation or
100, RA 8550) exportation of fish or Imprisonment: 8 years Prosecutor’s
fishery species in relation Office
Elements: to Capturing and/or Fine: P80,000.00 and
1. A person/entity engages in— injuring endangered and BFAR for
a. Importation protected marine species, Destruction of live fishery administrative
b. Exportation
C. Illegal Fishing includingFish
Activities and Dealing in Illegally-Caught sea orturtles, species or
Fishery Products cases
2. Of fish or fishery species dugongs, whale sharks,
3. Such
1. Capture of importation or exportation
breeders, spawners, violates
eggs or fry manta rays, dolphins and Forfeiture of non-live fishery
RA 8550 whales: species in favor of the
department for its proper
To prove Elements #1-2: disposition
- Affidavit of the
apprehending officer(s) Ban from being members or
indicating— stock holders of companies
2. Construction and Operation of Fish Corrals/Traps, Fish Pens o and Fish Cagescurrently engaged in
The
circumstance fisheries or companies to be
s of the act created in the future, the
such as guidelines for which shall be
possession promulgated by the DA.
and/or control
for purposes (Section 100)
of exportation
or importation Note: Based on RA 9147,
o Taking of among aquatic resources,
228
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
- Certification from Operations provides that
PAWB, BFAR, PCSD, confiscated wildlife species,
whichever is including turtles and
4. Fishing in overexploited or fishery managementappropriate,
areas that the dugongs, should be turned
species involved is over to them.
protected and
endangered marine
species
- Certificate by PAWB,
BFAR, PCSD,
whichever is
5. Fishing without license or necessary permits or appropriate,
not complying of non-
issuance of export or
import permit in favor
of the accused
with inventory and
seizure receipt
- fishersofinconfiscated
Receipt municipal waters
endangered and
protected marine
species
7. Marketing and buying illegally-caught fish & fishery and disposal
species
thereof, if any
Possible violation: Killing and destroying Recommended evidence Penalties: Where to file:
wildlife species (Sec. 27 (a), RA 9147) for Destroying wildlife
species in relation to Species listed as critical Prosecutor’s
Elements: Capturing and/or injuring Imprisonment: 6 years and 1 Office
1. The wildlife species is killed and endangered and day to 12 years and/or
destroyed by the violator protected marine species, Fine: P100,000 to P1 million
including sea turtles, Endangered species
229
Note: There is no violation if the destruction dugongs, whale sharks, Imprisonment: 4 years and 1
falls under any of the following: manta rays, dolphins and day to 6 years and/or
whales: Fine: P50,000 to P500,000
a. when it is done as part of the religious
rituals of established tribal groups or To prove element #1: Vulnerable species
indigenous cultural communities; - Affidavit showing the Imprisonment: 2 years and 1
b. when the wildlife is afflicted with an killing and destruction day to 4 years and/or
incurable communicable disease; of the endangered and Fine: P30,000 to P300,000
c. when it is deemed necessary to
B. Failure to Comply with Report Requirementsput an protected marine
end to the misery suffered by the wildlife; species Threatened species
d. when it is done to prevent an imminent - Certification or Imprisonment: 1 year and 1
danger to the life or limb of a human issuance by BFAR, day to 2 years and/or
being; and PAWB, or PCSD as to Fine:P20,000 to P200,000
e. when the wildlife is killed or destroyed the category of marine
after it has been used in authorized species Other wildlife species
research or experiments. - Photo or video of killed Imprisonment: 6 months and
and destroyed
C. Illegal Fishing Activities and Dealing in Illegally-Caught 1 day to 1 year and/or
endangered and Fine: P10,000 to P100,000
1. Capture of breeders, spawners, eggs or fry protected marine
species Forfeiture of all wildlife, its
- Specimen of marine derivatives or by-products,
species that was killed and all paraphernalia, tools
and destroyed (if and conveyances used in
available) connection with violations of
- Apprehension report the act.
2. Construction and Operation of Fish Corrals/Traps, Fish with Pens
inventory
andand
Fish Cages
seizure receipt Deportation, without any
payment of fines if offender
is an alien.
every three years
230
(Section 28)
Possible violation: Inflicting injury which Recommended evidence Penalties: Where to file:
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 Prosecutor’s
9147) the reproductive system Imprisonment: 4 years and 1 Office
of wildlife
4. Fishing in overexploited or fishery management areasspecies in day to 6 years and/or
Elements: relation to Capturing Fine: P50,000 to P500,000
1. The wildlife species sustained injury and/or injuring
inflicted by the violator endangered and Endangered species
2. The injury crippled and/or impaired the protected marine species, Imprisonment: 2 years and 1
reproductive system of the wildlife including sea turtles, day to 4 years and/or
species dugongs, whale sharks, Fine: P30,000 to 200,000
manta rays, dolphins and
5. Fishing without license or necessary permitswhales: Vulnerablerequirements
or not complying with documentary species
Imprisonment: 1 year and 1
To prove element #1 & 2: day to 2 years and/or
- Certification by BFAR, Fine: P20,000 to 200,000
PAWB or PCSD or
Affidavit of Threatened species
veterinarian/expert Imprisonment: 6 months and
6. Intrusion of licensed and unlicensed commercialwitness
fishersstating
in municipal
that the waters
1 day to 1 year and/or
endangered and Fine: P10,000 to 50,000
protected marine
species
7. Marketing and buying illegally-caught fish & fishery sustained an
species Other wildlife species
injury that impaired its Imprisonment: 1 month to 6
reproductive system months and/or
- Certification or Fine: P5,000 to 20,000
issuance by BFAR,
PAWB or PCSD as to Forfeiture of all wildlife, its
category of derivatives or by-products,
endangered and and all paraphernalia, tools
protected marine and conveyances used in
species connection with violations of
231
- 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
B. Failure to Comply with Report Requirements species sustained an Fines prescribed to be
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
C. Illegal Fishing Activities and Dealing in Illegally-Caught and
seizure receipt
Possible violation: Collecting, hunting or Recommended evidence Penalties: Where to file:
possessing of wildlife, their by-products or for Possession of wildlife,
derivatives (Sec. 27 (f), RA 9147) their by-products or Species listed as critical Prosecutor’s
derivatives in relation to Imprisonment: 2 years and 1 Office
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
of wildlife,and
2. Construction their by-products
Operation or derivatives
of Fish protected
Corrals/Traps, marine
Fish Pens andspecies,
Fish Cages
2. There is no permit for the possession of including sea turtles, Endangered species
wildlife, their by-products or derivatives dugongs, whale sharks, Imprisonment: 1 year and 1
manta rays, dolphins and day to 2 years and
whales: Fine: P20,000 to 200,000
To prove element #1: Vulnerable species

- Photo or video of Imprisonment: 6 months and
endangered and 1 day to 1 year and
protected marine Fine: P10,000 to 100,000
232
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
species Other wildlife species
-
4. Fishing in overexploited or fishery management Apprehension
areas report Imprisonment: 10 days to 1
with inventory and month and
seizure receipt Fine: P1,000 to 5,000
- Certification by PAWB,
BFAR or PCSD Note: if act is committed
whichever is through inappropriate
appropriate as to the techniques and devices,
category of the maximum penalty will apply
5. Fishing without license or necessary permits or endangered
not complyingandwith documentary requirements
protected marine Forfeiture of all wildlife, its
species derivatives or by-products,
- Specimen of the and all paraphernalia, tools
endangered and and conveyances used in
protected marine connection with violations of
species (if available) the act.
To prove element #2: Deportation, without any
- Certification by PAWB, further proceedings, after
BFAR or PCSD that no service of sentence and
permit was issued for payment of fines if offender
the collection, hunting is an alien.
or possession of
endangered marine Fines prescribed to be
species increased by at least 10%
every three years
(Section 28)
233
Chapter 5. Procedural Rules
A. Rules of Criminal Procedure for Environmental Cases 19
1. PROSECUTION OF OFFENSE
a. How is a criminal action instituted?

By filing of a complaint with the Office of the Prosecutor of the place where the crime is committed. 20
A complaint is a sworn written statement, in question and answer form,

charging a person with an offense, subscribed by the offended party, any
peace officer or other public officer charged with the enforcement of the
environmental law violated.
b. Who can file a complaint?

Any offended party, peace officer or any public officer charged with the enforcement of an environmental law can file a complaint.21
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
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
Yes, tofile
they can Comply withdirectly
the case Standards
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
4.examples of cases
Fishing in where technical
overexploited certifications
or fishery by other
management government agencies, aside from the law enforcement agencies, are needed.
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.
5. A complaint
Fishing for violation
without licenseoforenvironmental law can
necessary permits orno longer
not be filedwith
complying directly with the court.
documentary It can only be filed with the concerned
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:

i. Letter Order/ Operation Order/ Travel Order, if any;
ii. Sworn statements in question and answer form of the arresting officers and witnesses;
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
vi. Seizure receipt.
vii. Inventory or tally sheet of the items seized.
viii. Turn over receipts, if any, to show the chain of custody of evidence.
ix. Endorsement letters, if any, turning over the case from arresting officers to the police investigators;
ix. Certifications from DENR, DA-BFAR or other concerned government regulatory offices on the issuance of the permits or
the authenticity of the permits, if any were shown by the violators.
x. Apprehension report.
xi. Referral slip addressed to the concerned Office of the Prosecutor.
xii. Investigation Report from the DENR, DA-BFAR or other concerned government office, if applicable.
g. Can government agencies be stopped from lawfully enforcing environmental laws?
Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies
that enforce environmental laws. 25
h. Who is in charge of prosecuting environmental cases?
The Office of the Public Prosecutor is in charge of prosecuting environmental cases.

i. Can private lawyers help in the prosecution of environmental cases even if there is no private offended party?
Yes. In criminal cases where there is no private offended party, a counsel whose services are offered by any person or organization
may be allowed by the court to appear as special prosecutor, with the consent of and subject to the control and supervision of the
public prosecutor. 26
236
2. ARREST
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.
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
areas coveredwithout licensearea
by the LGU’s or necessary permits or not complying with documentary requirements
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
6. Intrusion of the
of licensed case
and in court?commercial fishers in municipal waters
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
of 7. Marketing
Illegal Forest and buying
Products andillegally-caught fish & fishery
the Machinery, Equipment, species
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.
If the seizure is pursuant to a lawful warrantless search (see Chapter 5.C.2.b) the apprehending officer shall submit within five (5)
days from date of seizure the inventory report and other pertinent documents to the public prosecutor for appropriate action.
iii. The court may cause the public auction of seized items upon motion by any interested party and after proper notice and
publication.
iv. The proceeds shall be deposited with the government depository bank for disposition according to the judgment. 29
1. 4. BAIL of breeders, spawners, eggs or fry

Capture
a. Is right to bail available for the accused under these Rules?
Yes. Accused for violation of environmental laws can file bail. He may file bail in the court where the case is pending. In case of
absence or unavailability of the judge in the said court, accused may file bail with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the province, city or municipality.
If the accused is arrested in a province, city or municipality other than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or municipal
circuit trial judge of the province, city or municipality where the accused is arrested. If the court grants bail, the court may issue a hold-
departure order in appropriate cases. 30
b. What are the special conditions for the grant of bail by the court other than that which issued the warrant of arrest under
the New Rules of Procedure for Environmental Cases? 31
i. Before the grant of bail, the judge must read the information in a language known to and understood by the accused;
238
ii. The judge shall require the accused to sign a written undertaking, which contains the following:
3. Failure
• toThat
Comply withwill
accused Standards
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
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.
b.6. Intrusion
What of licensed and unlicensed commercial fishers in municipal waters
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,
7. Marketing and toillegally-caught
and buying take all other steps
fishnecessary
& fisheryto aid in the disposition of the case.34
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?

The law enforcer should be present during pre-trial and assist in the identification and marking of sworn statements and other exhibits.
He/she should also inform the prosecutor on matters related to stipulation of facts and admissions.
7. TRIAL
a. How long will the trial on environmental cases be held?

The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre-
36
1. trial
Capture
order.of breeders, spawners, eggs or fry
b. What happens during the trial proper?
During the trial, the prosecutor presents the evidence and testimonies to prove the guilt of the accused. The defense, on the other
hand, present evidence and testimonies to show that the accused is not guilty of the offense charged.
2. c.
Construction and Operation
How is the testimony of theofwitnesses
Fish Corrals/Traps,
presented Fish Pens
during theand Fish Cages
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
e. What is the importance of this rule to witnesses?
3. Failure
This to Comply
rule expedites with Standards
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
8. STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES
a. What protection is provided by the rules for law enforcers subjected to harassment suit?
The rules adopted the concept and remedy known as Strategic Lawsuit Against Public Participation (SLAPP). This refers to an action
filed with the intent to harass, vex, exert undue pressure upon the law enforcer for his acts of enforcing environmental laws or
5. Fishing
protecting thewithout license
environment. 40 or necessary permits or not complying with documentary requirements
b. How do you apply the remedy against the SLAPP suit?
Upon the filing of an information in court and before arraignment, the accused may file a motion to dismiss on the ground that the
criminal action is a SLAPP.
As a result of the filing of the defense of SLAPP, the proceedings on the main case is deferred. The court is required to rule on the
defense of SLAPP.
The court must rule

7. Marketing and on the defense
buying of SLAPP fish
illegally-caught within
& sixty (60)
fishery days.
species
9. EVIDENCE/ DOCUMENTARY EVIDENCE
a. How are photographs, videos and similar evidence being made admissible in court?
Photographs, videos and similar evidence may be made admissible in court when authenticated by:
241
i. the person who took the same;
ii. by some other person present when said evidence was taken; or
iii. by any other person competent to testify on the accuracy thereof. 41
b. How is authentication done?
Authentication is done by executing a sworn statement, in question and answer, regarding the circumstances surrounding the taking of
the photographs, videos and similar evidence and attesting to the accuracy of the same.
B. Basic Rights of the Accused
It is important that our environmental law enforcers are aware of the constitutionally recognized rights of the accused. This is to ensure
that no human rights are violated by our law enforcers. The following are the basic rights of the accused: 42
1. Right to due process of law. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
C.be
Illegal Fishing
denied Activities
the equal andofDealing
protection in43Illegally-Caught
the laws. Under this right Fish or following
are the Fishery Products
rights:
1. a.
To be presumed spawners,
innocent eggs
until the or fryis proved beyond reasonable doubt.
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
To testify as and Operation
a witness in his of
ownFish Corrals/Traps,
behalf Fish
but subject to Pens and Fish Cages
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
h. To have speedy, impartial and public trial.

2. Right against unreasonable search and seizure. The right of the people to be secured in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. 44
3. Right to free access to courts. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
45
to 4.
anyFishing
personinbyoverexploited or fishery
reason of poverty. ” management areas
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
Secret without
detention license
places, or necessary
solitary, permits
incommunicado, or notsimilar
or other complying with
forms of documentary
detention requirements
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
law. 48
6. Right to trial. No person shall be held to answer for a criminal offense without due process of law. 49
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”
C. Arrest, Search, Seizure and Detention
1. Arrest

a. Definition of Arrest. It is the taking of persons into custody in order that they may be bound to answer for the commission of an
offense. It is done through an actual restraint of persons to be arrested, or by their submission to the custody of the person making the
arrest.
b. Two ways by which to arrest perpetrators of a crime
i. By lawful warrantless arrest; and

ii. By arrest
C. Illegal Fishing with warrant
1. c.
Circumstances underspawners, eggs orarrest
which warrantless fry is allowed
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
circumstances that theofpersons
Fish Corrals/Traps,
to be arrestedFish Pens and Fish
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
iv. Verify if such license or permit is authentic or legal.
v. Arrest with Standards
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
4. Fishing of a weapon,
in overexploited in somemanagement
or fishery way effect anareas
escape, or destroy or hide evidence.
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

- Apprehending permits
officer must informorthe
not complying
person with
arrested, documentary
using requirements
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;

- Apprehending commercial
officer must inform thefishers
person in municipal
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
he has the rightfish & fishery
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;
* 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;
xii. Turn-over the accused to the nearest police station for temporary confinement;
xiii. Cause the recording of the arrest and the surrounding circumstances to police blotter and ask for a copy thereof.
xiv. Immediately arrange for an inquest proceeding before the Office of the Prosecutor.
xv. Prepare the SWORN STATEMENTs of the witnesses and apprehending officers and the APPREHENSION REPORT,
together with the supporting documents and other evidence.
e. Remedy for law enforcer if warrantless arrest is not effected
i. Conduct further investigation of the offense committed for case build-up;
ii. Prepare the necessary documentations such as the affidavits of witnesses as to the identity of the perpetrators, the crime
they committed and the circumstances under which the offense was committed.
iii. Prepare affidavit complaint;
246
iv. File the complaint with the provincial or city prosecutor of the place where the crime has been committed;
3. Failure
v. to Comply
Prepare for with Standardsinvestigation.
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.
viii. Serve or cause the service of the warrant of arrest
f. Steps in the service of warrant of arrest
i.Seek proper entry, if necessary, into the building, office, residence, etc.
ii. Introduce yourself and show proper authorization.

iii. If refused entry, apprehending officer may break into any building, office, residence, etc. where the person to be arrested is
or is reasonably believed to be, after announcing his authority and purpose.
iv. Make a manifestation of authority to the person to be arrested and tell him the reason of his arrest and the fact that a
warrant has been issued, except when he flees or forcibly resists before the officer has opportunity to so inform him or when
the giving of such information will imperil the arrest.
v. Secure the person to be arrested.
vi. Comply with the rule on Miranda rights. (see the procedure in warrantless arrest)
vii. The officer need not have the copy of the warrant in his possession at the time of arrest. But after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
viii. Conduct thorough search and seizure in accordance with the rules on search and seizure as setforth herein.
ix. Tag or label the items that are seized and enter them in the seizure receipt.
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
Two instances with
when Report
search Requirements
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:
• Arrest must be lawful;
• It spawners, eggs or fry
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
2. Construction and•Operation valid intrusion
Fish based onFish
Corrals/Traps, the valid
Penswarrantless arrest in which the police are legally present in the pursuit
and Fish Cages
of their official duties;
• The evidence was inadvertently discovered by the police who had the right to be where they are;
• The evidence must be immediately apparent; and
• “Plain view” justified mere seizure of evidence without further search; 55
iii. Search of a moving vehicle. Persons duly commissioned to enforce tariff and customs laws have the authority to stop and
search moving vehicles and seize goods suspected to have been introduced in the country in violation of the customs laws. 56
248
Seizures of fishing vessels and boats breaching our fishery laws are allowed. These vessels are normally powered by high-
speed motors that enable them to elude arresting ships of the Philippine Navy, the Coast Guard and other government
authorities with Standards
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
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
5. Fishing withoutoflicense
holdingor
ornecessary
conveying any dutiable
permits or prohibited
or not complying article
with introduced the Philippines contrary to law.” 59
into requirements
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 latter’s 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
6. Intrusion relevant and
of licensed prompt action) was
unlicensed necessaryfishers
commercial to prevent physical harm
in municipal to the officers or other persons, the destruction of
waters
relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement
efforts. 62
viii. Checkpoints
ix. Republic Act No. 9497 or An Act Creating the Civil Aviation Authority of the Philippines, requiring inspections or body
checks in airports.
c. Search with warrant
i. Search warrant defined. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. 63
A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. 64
249
ii. Steps in serving a search warrant
• Seek proper entry into the building, office, residence, etc.

• If refused admittance, officer may break open any outer or inner door or window of a house or any part of a
house, or anything therein to execute the warrant, after giving notice of purpose and authority.
• 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
B. Failure to Comply with member
Reportof his family or in the absence thereof, two witnesses of sufficient age and discretion residing in the
Requirements
same locality.
• Seize the items indicated in the search warrant.
• 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
Prepare in Illegally-Caught
the necessary documentation Fish
to or
fileFishery
case, if Products
there is none yet, against the person apprehended.(see
protocol on arrest)
• spawners, eggs or over
Turn over custody fry the seized items to appropriate offices (wildlife: DENR/BFAR rescue center) ensuring
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.
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
receipted with
by the Standards
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.
iii. If the first two options fail, the apprehending officer may convert the object evidence to documentary evidence, through
photodocumentation, and opt not to confiscate the items.
4. Detention, Inquest and Preliminary Investigation
a. What must the law enforcer do after a warrantless arrest?

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?
No. There is no legal fee. Indigent litigants, the Republic of the Philippines, its agencies and instrumentalities other than government
owned and controlled corporation, are exempted from the payment of legal fees.
c. 7.
What is inquest?
Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court. 67
d. Who are the inquest officers?
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
f. When shall an inquest proceeding considered commenced?
The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforcement authorities of
the complaint/referral documents which should include:
i. the affidavit of arrest;

ii. the investigation report;
iii. the statement
C. Illegal Fishing Activitiesof theDealing
and complainant and witnesses; Fish
in Illegally-Caught and or Fishery Products
iv. other supporting evidence gathered by the law enforcer in the course of the latter’s investigation of the criminal incident.
The inquest Officer shall as far as practicable, cause the affidavit of arrest and statement/affidavits of the complainant and the
witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. The inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended. 70
g. What are the periods prescribed under Article 125 of the Revised Penal Code?
2. These are:
Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
i. 12 hours for offenses punishable by light offenses;

ii. 18 hours for offenses punishable by correctional penalties; and
iii. 36 hours for offenses punishable by afflictive or capital penalties. 71
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
Yes. These to Comply
are with Standards
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 latter’s office, lack of transportation
and inclement weather,
i. Is presence of the detained person required during inquest?

Yes. Presence of the detained person who is under custody shall be ensured during the proceedings. However, said presence may be
dispensed with in any of the following cases:
i. if he is confined in a hospital;
ii. if he is detained in a place under maximum security;
iii. if production of the detained person will involve security risk, or
iv. if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
The absence of the detained person by reason of any of the above must be noted by the Inquest Officer and reflected in the record of
the case. 72
j. What is the initial duty of the inquest officer?
The inquest officer must first determine if the arrest of the detained person was made in accordance with the provisions of Rule 113,
6. Intrusion
Section 5 (a) &of
(b)licensed and of
of the Rules unlicensed commercial
Court, which fishers
provides the in municipal
conditions waters
under which a warrantless arrest lawful, namely:
i. When, in the presence of the apprehending officer, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
ii. When an offense has just been committed, and the apprehending officer has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
For this purpose, the inquest officer may summarily examine the apprehending officers on the circumstances surrounding the arrest. 73
k. What happens if arrest is properly effected?
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
l. What happens if the detained person does not opt for a preliminary investigation or refuses to execute a waiver?
If the detained person does not opt for a preliminary investigation or refuses to execute a waiver, the inquest officer shall proceed with
the inquest by examining the sworn statements/affidavits of the complainant and the witness and other supporting evidence submitted
to him.
If necessary, the inquest officer may require the presence of the complainant and witnesses and subject them to an informal and
C.summary investigation
Illegal Fishing or examination
Activities and Dealingforinpurposes of determining
Illegally-Caught theFishery
Fish or existence of probable cause. 75
Products
1. m. When of
Capture is there a probable
breeders, cause?
There is a probable cause when the evidence submitted to the inquest officers engenders a well-founded belief that a crime has been
committed and that the arrested or detained person is probably guilty thereof. 76
n. What happens if there is a finding of probable cause by the inquest officer?
2. IfConstruction
there is a finding
and of probable of
Operation cause,
Fish the inquest officer
Corrals/Traps, shall
Fish prepare
Pens the corresponding
and Fish Cages information with the recommendation that the
same be filed in court. The information shall indicate the offense committed and the amount of bail recommended, if bailable.
The record of the case, together with the prepared information shall be forwarded to the City or Provincial Prosecutor for appropriate
action.
The information may be filed by the inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor. 77
254
o. What is Preliminary Investigation?

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. 78
p. When is preliminary investigation required?

For environmental cases, a preliminary investigation is required to be conducted before the filing of an information for violation of an
environmental law. 79
It is not required in cases of “warrantless arrests, ” as long as an inquest has been conducted, as outlined above. 80
q. Who are the officers authorized to conduct preliminary investigations?

The following may conduct preliminary investigations:
(i) Provincial or City Prosecutors and their assistants;

(ii) National and Regional State Prosecutors 81

r. What are the basic steps in preliminary investigation?
The basic steps in preliminary investigation are:

i. Filing of the Complaint-Affidavit before the Provincial/City Prosecutor where the offense was committed. 82
ii. Issuance of subpoena by the investigating prosecutor to the respondent.
iii. Filing of Counter-Affidavit by the respondent.
iv. If needed, conduct of hearing.
v. Resolution. 83
255
D. Investigation, Documentation and Evidence Gathering
1. Investigation defined.
It is the process of gathering evidence and information on a particular event or subject matter.
2. Investigators must know the 5w and 1h

a.what
b. who
c. when
d, where
e. why
f. how
C.3.Illegal Fishing Activities

Documentation defined.and Dealing in Illegally-Caught Fish or Fishery Products
1. The
process spawners,
of recording events, eggs or fry occurrences, statements and narration of witnesses, proofs, processes and results of
unexpected
investigation. It is also an act of processing the information and data gathered that can be used in court.
4. Examples of documentation
a. taking of pictures or video

84
2. b. audio tape recording
c. execution of sworn statements
d. note taking
e. collation of documents
f. report writing
5. Evidence
a. Definition. Evidence refers to everything that is used to determine or demonstrate the truth an assertion.
256
b. Admissibility of Evidence

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
Fishing of
in incompetent evidence
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
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.
iii. Testimonial Evidence – evidence submitted to the court through the testimony or deposition of a witness (testimony of
witnesses).
For witnesses, we have expert witnesses and ordinary witnesses. Examples of expert witnesses in environmental cases are accredited
fish examiners to identify dynamited fish, forestry scalers of the DENR, veterinarians of the PAWB, Environmental Management
Specialist of the EMB assigned in the respective pollution division offices of the region.
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.

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.
The fisherfolk organization members submitted a complaint on the matter with the CENRO, who in turn, conducted an investigation and
1. submitted
Capture of a report to the
breeders, RED with eggs
spawners, recommendation
or fry to issue a cease and desist order (CDO) and to file a case in court for the issuance
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.
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
assistance Comply
DENR,with
LGUStandards
and the PNP may execute the Order.
DENR approval
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
foreshore, without report
CENRO’s license
onor necessary
the permits
reclamation or not complying
and construction with
activities, documentary
affidavit requirements
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
Intrusionifof
other violations
licensed andare committed,
unlicensed such as pollution.
commercial fishers Ifinso, file PAB case.
municipal waters

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. Enforcer should file a complaint with the Regional Director of the EMB IV-A.
2. 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.
During a preventive seaborne operation, BFAR fishery law enforcers chanced upon a vessel doing fishing activity. They informed the
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 family’s
1. consumption.
Capture of breeders, spawners,
Unconvinced, eggs orinformed
the enforcers fry 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
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
12. Filed Comply with Standards
before BFAR for the revocation of license of the fishing boat/vessel with the above documents attached
At4.a Fishing in overexploited

regular inspection or the
activity of fishery
Taskmanagement
Force ABBA in areas
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,
fish Fishinginvestigation
without license
report,orand
necessary permits
certification or not
from the MAO.complying with documentary requirements
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.

In Municipality A, small fishermen have been complaining of serious depletion of their fishery resources because of the proliferation of
bagnets or taksay. Because of this, the Bantay Dagat decided to apprehend the bagnets for commercial fishing in municipal waters in
municipal waters. One of the apprehended fishing vessels was manned by a crew of 15 unlicensed persons. When asked how long
they have been employed by the fishing vessel, they informed the apprehending officer that they have been employed for six months
already. Aside from commercial fishing in municipal waters, the bagnet also violated Section 104 of RA 8550 or Commercial Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. Pursuantly, the enforcers filed a complaint with the Office
ofthe Prosecutor against the operator of the vessel for employing fishworkers without license.
The complaint was accompanied by the following:
261
1. Affidavit of apprehending officer indicating that
a. at the time of apprehension, persons who were later found out to be unlicensed were employed as fish workers or
crew, and
b. that the apprehending team asked for their licenses but none could be presented,
2. Investigation report by the apprehending officers or investigating team,
3. Inventory of crew by the apprehending officers or investigating team and
4. Certification from the LGU that no license has been issued in the name of the alleged unlicensed fishworkers.
B.4.Failure
Fishingto in overexploited
Comply or fishery
with Report management areas
Requirements
BFAR declared a closed fishing season for sardines in the waters of Zamboanga del Norte from December 1 to March 1, 2012 during
its spawning season. During the seaborne operation by Siocon Bantay Dagat, they spotted a commercial fishing boat using a
commercial ringnet for fishing. The ringnet is already being hauled back into the boat full of sardines. The law enforcers approached the
commercial fishing vessel in accordance with the boarding procedure and determined its position using GPS. Once established that
they are within the area declared as closed season, the enforcers informed them of the intention to arrest them for violating Sec. 95,
R.A. 8550.The law enforcers did the following:
1. Apprehended the violators and informed them of their Miranda rights.
2. Conducted spawners,
search, eggstagging
inventory, or fry and seizure of the fish catch, equipment and paraphernalia used in the commission of
the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the captain.
4. Took photographs of the seized items, the violators and the ship.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
7. Disposed of the confiscated fish to the municipal jail and asked for a Receipt of Distributed Confiscated Fish
8. Turned over the custody of the boat, equipment and paraphernalia to the LGU custodian officer for impoundment and asked
for a turnover receipt.
9. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared for
case filing.
262
On3.aFailure to Comply
cold morning with Standards
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
4. Fishing did the following:
1. Apprehended the violators and informed them of their Miranda rights.

2. Conducted search, inventory, tagging and seizure of the fry and fingerlings, equipment and paraphernalia used in the
commission of the offense.
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 nearest police station for safekeeping.
5. Fishing without
6. Prepared thelicense or necessary
necessary documentspermits
such asor not complying with documentary requirements
c. Certification from the MAO that the violators are not listed in the Fisherfolk Registry of Carmen and that they have
no permit to gather fry and fingerlings
6. Intrusion
7. Turned of licensed
over the and unlicensed
custody commercial
over the confiscatedfishers in fingerlings
fry and municipal waters
to the Office of the Municipal Agriculturist for proper
disposition, and asked for a Turnover Receipt
8. Turned over the custody over equipment and paraphernalia to the LGU custodian officer for impoundment and asked for a
turnover
7. Marketing andreceipt.
case filing.
The municipal FLET spotted a commercial fishing vessel in the act of fishing within the fifteen kilometer radius of the municipal waters
of Bantayog. There is no municipal ordinance allowing small and medium commercial fishing vessel to fish within the 10.01 to 15
kilometers. They approached the vessel and announced their intention to board after making proper introduction as fishery law
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. Informed the violators of their Miranda rights.

2. Conducted search, inventory, tagging and seizure of the fish, equipment and paraphernalia used in the commission of the
offense.
3. to
B. Failure Prepared
Complyseizure receiptRequirements
with Report for the seized items and provided a copy to the violators.
4. Took photographs of the seized items, vessel, and the violators.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
C. Illegal Fishingc. Activities
Copy of and Dealing
the boat in Illegally-Caught
registration Fish
or certification or Fishery
issued Products
by MARINA/PCG/LGU as to its gross tonnage
7. Turned over the custody over the equipment, paraphernalia and vessel to the LGU custodian officer for impoundment and
1. Capture asked for a turnover
of breeders, spawners,receipt.
eggs or fry
8. Turned over the confiscated fish to the municipal jail or charitable institution and asked for a Receipt of Distributed
Confiscated Fish
case filing.

An inter-agency task force, with a fish examiner as one of its members, conducted market denial operation at Dalahican port. They
went around and looked at fish being sold. They declared an inspection of a group of fish crates at the port. They conducted random
sampling on the crates. Upon fish examination, twenty crates were found positive for dynamited fish. They then informed the owner of
the fish, Mr. Palakaya, of the result of the fish exam and that they would apprehend him for violating Section 88, paragraph 4 of RA
8550 or possession, dealing in, selling or in any manner disposing of illegally-caught fish. The law enforcers did the following:
1. Apprehended and informed the violator of his Miranda rights.

2. Furnished him with a copy of the Scientific Examination Report of the dynamited fish.
3. Conducted inventory, tagging and seizure of the twenty crates of dynamited fish used in the commission of the offense.
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
6. Took to Comply
samples with
of theStandards
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.
4. Fishing inb.overexploited
apprehension or report indicating:
fishery management areas
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
8. 5.
UseFishing withoutcyanide,
of dynamite, license or necessary
fine mesh netpermits or not
and other complying
forms with documentary
of destructive fishing requirements
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 latter’s 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
6. Intrusion mesh size
licensed and and found out
unlicensed they are only
commercial 2 cm.
fishers in in diameter.waters
municipal They then proceeded to confiscate and inventory the
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
Marketing andpersons
buyingforillegally-caught
inquest proceedings.
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
B.did the following:
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 Prosecutor’s 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
2. barangay captain
Construction andtook photographs
Operation of the
of Fish small-scale mining
Corrals/Traps, activities
Fish Pens and and
FishofCages
the trucks transporting the ore from the area.
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. Conducted investigation to determine identity of violators, specific acts performed in violation of the Mining Act, and witnesses
2. Prepared the necessary documents for case filing:
a. Investigation Report on the extraction and disposition of minerals
266
b. Photo or video showing the extraction and disposition of minerals
c. Photo or video of minerals/mineral products, including the tools, equipment and conveyance used in the commission
of thewith Standards
offense
d. Sample of minerals
e. Results/certification of kind and volume of mineral
f. MGB Certification as to the lack of mining agreement, lease, permit, license
g. Affidavits of witnesses showing extraction and delivery of minerals by the violator/s to the small-scale permit holder
3. Prepared
4. Fishing complaint-affidavit
in overexploited withmanagement
or fishery the above documents
areas as attachments and filed the same with the Office of the Prosecutor.
Note: The MGB also has the option to coordinate with the NBI to conduct the investigation in determining identity of the violators
and specific acts performed. Considering the result of the investigation, either the MGB or the NBI can file the complaint-affidavit
with the Office of the Prosecutor.
2. Offshore mining
A group of fishermen of Lingayen Gulf filed a petition to the Municipal Mayor to stop a ship from siphoning sand from from the seabed
located around 200 meters seaward from the mean low tide because it makes the water murky, making it difficult for them to fish. The
Mayor conducted a fact-finding mission to investigate the case. The team took pictures of the ship siphoning the sand, recorded the
location of the ship using a GPS, and took the affidavits of the fishermen who saw the activity. Based on the findings of the
investigation, the Mayor, in behalf of the municipal government, filed a complaint against the ship owner, operators and crew with the
Prosecutor’s
6. IntrusionOffice for violating
of licensed Section 15 ofcommercial
and unlicensed DAO 2010-21 in relation
fishers to Section
in municipal 110 (Other violations) of RA 7942.
waters
3. Onshore mining
One day, a group of officials from Barangay X noticed trucks loaded with black sand passing through their barangay road. When they
investigated, they discovered that the black sand came from the beach. At the beach, they saw heavy equipment extracting and loading
black sand onto waiting trucks. Upon further investigation, they found out that the sand are being brought to adjacent Barangay Y’s
beach where temporary structures have been put up for separating magnetite from the sand. They saw a huge mound of black sand
beside the temporary structure. Further in the horizon of the second barangay’s beach, they saw a cargo ship apparently waiting for the
magnetite to be loaded into it. They took photographs of the scenes at the Barangays X and Y and attached these to a letter of request
addressed to the MGB and EMB to conduct an investigation. The joint EMB and MGB investigation report revealed that the extraction,
processing and transport activities are without permits and ECC. The EMB and the MGB issued Cease-and-Desist Orders and filed a
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 Tino’s 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 Tino’s permit,
B.Marilyn
Failurewent to PMRB
to Comply to Report
with inquire ifRequirements
a permit was indeed issued for the quarry activity. PMRB denied issuing such permit knowing fully
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 d. Activities and Dealingofinthe
Results/certification Illegally-Caught
kind of materialFish or Fishery Products
extracted
e. PMRB Certification as to the lack of quarrying permit
f. spawners,
Affidavits eggs orshowing
of witnesses fry 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

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. Apprehended and informed the violators of their Miranda rights.
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. Prepared with
seizure Standards
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.
b. apprehension
4. Fishing in overexploited or report
fisheryindicating:
management areas
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
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
The members of BFAR’s 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
6. Intrusion and caught up
licensed andwith F/B Panatag
unlicensed after thirtyfishers
commercial minutes. The QRT members,
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:
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.
269
iii. Certification by the BFAR that the fishery law enforcement officer is in the performance of his duties
7. Turned over custody of the confiscated items to the custodian officer of the nearest BFAR storage facility 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
9. Submitted a complaint and report with the BFAR and the MARINA for the cancellation of the license of the fishing boat and
the cancellation of the license of the master fisherman
H. Upland Deforestation
A portion of a coastal town X was declared by the Department of Environment and Natural Resources (DENR) as critical habitat
because of its rich biodersity. This area, measuring around 1,000 hectares, covers a picturesque plateau with a steep ridge leading to a
pristine coastal area below. Unfortunately, a developer that has been granted a permit prior to the DENR declaration, started
developing the area for its clients. The developer cleared the area of its century-old and other secondary-growth trees to give way to its
new landscape design. There was no opposition until such time that the silt from the bulldozed and denuded area started being washed
C.downstream,
Illegal Fishing Activities
covering and Dealing
the seagrasses in corals
and Illegally-Caught Fish
in the coastal ormarine
and Fishery Products
area below the ridge.
1. Seeing
Capturetheof destruction
breeders, spawners,
caused by eggs or fry
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
3. Securedandcertification
Operation from
of Fish Corrals/Traps,
BFAR that: Fish Pens and Fish Cages
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
1. 3. Failure toorComply
Discharge with
dumping Standards
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
violators and in overexploited
told them to stop. or
Thefishery management
following transpired: areas
1. The Tanods held the driver and personnel of Treater Linis at the site and brought them to the Barangay Hall,
2. They instructed the truck driver to bring the truck with its contents to the Barangay Hall,
3. They took the names and addresses of the violators and Treater Linis,
4. They notified the Barangay Captain, who in turn, notified the nearest EMB Office,
5. 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
6. Upon without
arrivallicense or necessary
of the EMB personnel,permits
the EMBor took
not complying
samples of with documentary
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.),
6. Intrusion d. every step
of licensed andofunlicensed
the sampling process. fishers in municipal waters
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;
7. Marketingb.andResults
buyingofillegally-caught
the EMB laboratoryfish examination and Certification by the EMB that the used cooking oil could cause water
& 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. This case may also be filed with the PAB at the DENR Central Office.
2. The violators were later on discharged because the violation committed is purely administrative or civil.
271
An oil barge ran aground and spilled oil into an area, affecting coral reef in the said area. The affected LGU took pictures of the area
immediately right after the incident. The LGU coordinated with the Philippine Coast Guard (PCG) to gather evidence on the site. The
same LGU filed an administrative complaint with the Pollution Adjudication Board (PAB) against the oil barge. The PAB found the oil
barge guilty and ordered it to rehabilitate the area. However, after several months, the oil barge operator still failed to undertake clean-
up operations and comply with the PAB order, despite repeated follow-ups by the EMB.
B.The LGUtoand
Failure the PCG
Comply again
with tookRequirements
Report pictures of and samples at the site. The LGU and the PCG filed a complaint with the Office of the
Prosecutor against the Barge Owner and/or Operator for violation of Section 28, paragraph 2 of RA 9275 or failure to undertake clean
up operations and Section 28 (c) of RA 9275 or Blatant disregard of PAB orders. The following were attached to the complaint:
1. Photos of the site,
2. The test result of the samples,
3. Copy of the original PAB order duly received by the oil barge operator and/or owner to clean up the site, and
4. PAB resolution recommending the filing of criminal charges against the Barge Owner and/or Operator.
Mining company X operates in the upland area of Mahangin Ranges for gold. It constructed a processing plant to extract gold from the
rocks. It discharges its yellow-colored mine tailings directly to a river that snakes from the plant site down to the beach identified as
breeding ground of pawikan,and therefore declared a critical habitat. One of the residents took a picture of the discharge and attached
it to a letter complaint to the DENR-EMB. The EMB immediately conducted ocular inspection and validation in the area by taking
samples of water, plants and mine tailings and submitted this to laboratory tests. Witnesses have also told the EMB that recently they
found dead marine wildlife, particularly sea turtles in the area. The DENR issued a notice of violation but despite receipt of such order,
2. Company
Construction and Operation
X continued dumpingoftheir
Fish Corrals/Traps,
tailings to the river.Fish Pens and Fish Cages
The EMB filed a case against Company X for violating Section 27(c)(i) of RA 9147 or dumping of waste products in critical areas
detrimental to wildlife. They attached the following to their complaint: investigation report of the EMB personnel as to the dumping done,
photographs of the site, results/certification of laboratory examination of waste products and its effect to pawikans, affidavits of expert
witnesses as to the detrimental effect of the mine tailings, pictures of dead sea turtles, and a Certification by the DENR-PAWB or
issuance that the place is designated as a critical habitat.
272
1. 3. Failure toofComply
Collection with Standards
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
truck in overexploited
while the or to
driver was trying fishery
sneakmanagement areas
out the hastily- loaded corals. A total of 24 tons of corals were confiscated. They did the
following:
1. Apprehended the truck driver

2. Conducted inventory of the confiscated items
3. Gathered information/evidence as to the following:
a. Shipping company that transported the corals (company name, captain, owner, President and operations manager
of the company)
5. Fishing
b. without license
Cargo (cargoor manifest;
necessary permits
permit or not complying
to transport with
from the port of documentary requirements
origin; owner, shipper and consignee)
c. Arrastre service provider (company name, owner, President and operations manager of the company)
d. Trucking services (company name, owner, President and operations manager of the company)
4. Filed a case against the shipper, consignee, captain, ship owner, trucking service, owner and LGU official who issued the
permit to gather the corals with the Office of the Prosecutor for violation of Sec. 91 of RA 8550, or ban on coral exploitation
and exportation
5. Filed a case against the truck driver and his assistants under inquest proceeding.
6. Furnished MARINA with a copy of the complaint for future cancellation of ship’s franchise
7. Filed hold departure order to PPA to prevent the ship from leaving, and furnished a copy to the PCG for monitoring and
enforcement
8. Ensured
7. Marketing and court appearances.
Note: It is advised that the law enforcers should have been deputized by MARINA and have undergone MARINA law enforcement
training for them to be able to require information on and documents of the shipping company. Otherwise, seek MARINA assistance.
273
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
B.office dispatched
Failure a team
to Comply withto the Zamboanga
Report City port and coordinated with the WEOs of the Philippine Coast Guard.
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 vessel’s license/permit and the fishing permit. The captain showed the
C.team
Illegal Fishing
leader the Activities and Dealing
vessel’s license and theinfishing
Illegally-Caught
permit. TheFish or leader
team Fishery Products
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
1. “talk aboutofit.”
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.
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
the3. sworn
Failurestatements
to Comply ofwith Standards
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 by-
products or derivatives.
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
1. Philippine
1. Philippine
Fisheries
Fisheries
Code ofCode
1998of
(RA1998
8550)
(RA 8550)
SectionSection
86, par.86,
1: Unauthorized
par. 1: Unauthorized
fishing fishing
or engaging
or engaging
in otherinunauthorized
other unauthorized
fisheries
fisheries
activities
activities
No person
No person
shall exploit,
shall exploit,
occupy,occupy,
produce,produce,
breed, culture,
breed, culture,
capture capture
or gather
or fish,
gather
fry fish,
or fingerlings
fry or fingerlings
of any fishery
of any species
fishery species
or fishery
or fishery
products,
products,
or engage
or engage
in any fishery
in anyactivity
fishery in
activity
Philippine
in Philippine
waters without
waters awithout
license,
a license,
lease orlease
permit.
or permit.
C.Discovery
Illegal Discovery
Fishing
of anyActivities
person
of any in and
an Dealing
person area
in an in Illegally-Caught
where
area he
where
has heno has
permit Fish
no or or Fishery
permit
registration Products
or registration
papers for
papers
a fishing
for a vessel
fishing shall
vesselconstitute
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
which
leisure iswhich spawners,
not foriscommercial, eggs or occupation
not for commercial, fry or livelihood
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
86,Sec. 5:and
par.86, Operation
Unauthorized
par. of Fish Corrals/Traps,
5: Unauthorized
commercial
commercial Fish municipal
fishing fishing
within Pens
withinand Fish Cages
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
municipalmunicipal
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 listedare
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
area from thetoshoreline
Comply inwith Standards
municipal waters as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the
Department;
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the 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
Fishing withoutcritical condition
license and during
or necessary closedorseason
permits as provided
not complying fordocumentary
with in Section 9 ofrequirements
this Code.
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).
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.
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
C.official
Illegalor fishworker
Fishing shall constitute
Activities prima
and Dealing in facie evidence, that
Illegally-Caught theor
Fish same was Products
Fishery used for fishing in violation of this Code. The discovery in
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.
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
2. same result to physical
Construction injury orofloss
and Operation of Corrals/Traps,
Fish human life. 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
Sec. 89: Use of fine mesh net
It shall be unlawful
3. Failure to engage
to Comply in fishing using nets with mesh smaller than that with which may be fixed by the Department: Provided,
with Standards
That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be identified in the implementing rules and regulations by the
Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court:
Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman shall also be
subject to the penalties provided herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this
provision shall be subjected to the same penalties provided herein: Provided, finally, That the Department is hereby empowered to
impose upon the offender an administrative fine and/or cancel his permit or license or both.
Sec. 90: Use of active gear in the municipal waters and bays and other fishery management areas
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
raw6. or in processed
Intrusion form, except
of licensed for scientificcommercial
and unlicensed or researchfishers
purposes.
in municipal waters
Sec. 92, par. 1: Ban on muro-ami, other methods and gear destructive to coral reefs and other marine habitat
It 7. Marketing
shall and for
be unlawful buying illegally-caught
any person, natural orfish & fishery
juridical, species
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
Sec. 93: Illegal use of superlights
It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in violation of the rules and regulations which
may be promulgated by the Department on the use of superlights outside municipal waters.
Sec. 94: Conversion of mangroves
It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes.
B.Sec.
Failure
95: to Comply
Fishing with Reportarea
in overfished Requirements
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.
Sec. 97: Fishing or taking of rare, threatened or endangered species
1. ItCapture
shall beof breeders,
unlawful spawners,
to fish eggs
or take rare, or fry
threatened or endangered species as listed in the CITES and as determined by the Department.
FAO 193 s. 1998: Ban on whale shark and manta rays
Taking or catching, selling, purchasing, and possessing, transporting and exporting of whale sharks and manta rays, whether dead or
alive, in any state or form whether raw or processed.
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
Sec. 98: Capture of sabalo and other breeders/spawners
It 3.
shall be unlawful
Failure for with
to Comply any Standards
person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or
spawners of other fishery species as may be determined by the Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be
promulgated by the Department.
Sec. 99: Exporting of breeders, spawners, eggs or fry

Exportation of breeders, spawners, eggs or fish as prohibited in this Code shall be punished by imprisonment of eight (8) years,
confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit.
Sec. 100: Importation or exportation of fish or fishery species
Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment,
a 5.
fine of Eighty
Fishing thousand
without pesos
license or (P80,000.00) and destruction
necessary permits of live fishery
or not complying with species or forfeiture
documentary of non-live fishery species in favor of
requirements
the Department for its proper disposition: Provided, That violator of this provision shall be banned from being members or stock holders
of companies currently engaged in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by
the Department.
Sec. 101: Violation of Catch Ceilings
It shall be unlawful
6. Intrusion for any person
of licensed to fish in violation
and unlicensed of catch
commercial ceilings
fishers as determined
in municipal by the Department.
waters
Sec. 103(a): Failure to Comply with Minimum Safety Standards
The7. Marketing
owner and and buying
captain of a illegally-caught fishvessel
commercial fishing & fishery species
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
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.
C.Sec. 103:
Illegal Obstruction
Fishing or delaying
Activities inspection
and Dealing of fish and fish
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
whenbreeders, spawners,and/or
such inspection eggs movement
or fry 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
2. The owner/operator
Construction of a commercial
and Operation of Fishfishing vessel employing
Corrals/Traps, unlicensed
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.
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.
B. Wildlife
1. Wildlife Resources Conservation and Resources Act (RA 9147)
Sec. 25: Establishment of critical habitats

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,
Intrusion ofcritical habitats
licensed shall be protected,
and unlicensed in coordination
commercial fishers inwith the local
municipal government units and other concerned groups, from
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.
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. when it is deemed necessary to put an end to the misery suffered by the wildlife;
iv. when it is done to prevent an imminent danger to the life or limb of a human being; and
v. 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
C. Illegal Fishing of wildlife
(f) Collecting, hunting or possessing wildlife, their by-products or derivatives
(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

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,
3. Failure which
to Comply could
with cause water pollution or impede natural flow in the water body;
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;
(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
Fishing without or dumping
license into sea
or necessary watersorofnot
permits sewage sludgewith
complying or solid waste as defined
documentary under Republic Act No.9003;
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;
(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;
(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
28, to
parComply with
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
C.day for each
Illegal dayActivities
Fishing during which
andthe omission
Dealing and/or contamination
in Illegally-Caught Fish continues.
or Fishery Products
Sec. 28, par. 2, clause 2: Failure to clean up that results to serious injury
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
2. day for each day
Construction during
and which the
Operation omission
of Fish and/or contamination
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.
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
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
Fishing without withheld
or until the finepermits
necessary is paid and such
or not penalty shall
complying withconstitute a lien requirements
documentary on such vessel which may be recovered in
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
6. Intrusion ofbe subjectand
licensed to Administrative sanctions incase
unlicensed commercial ofin
fishers failure to comply
municipal with their action plan accordance with the relevant
waters
provisions of R.A. No. 7160.

2. Marine Pollution Decree of 1979 (PD 979)
Sec. 4: Prohibited Acts
Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or in any cases which
constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if dumping
appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less
than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission
or the Philippine Coast Guard, it shall be unlawful for any person to:
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
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.
C.3.Illegal
Ecological Solid
Fishing Wasteand
Activities Management
Dealing inAct (RA 9003)
Illegally-Caught Fish or Fishery Products
1. Sec. 48: Prohibited

Capture Acts
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;

(2) Undertaking activities Fish Pens andcollecting
or operating, Fish Cages or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in or established pursuant to RA No. 9003;
XXX
(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in
areas other than centers or facilities prescribed under this Act;
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
3. Failure to Comply with conforming with the land use plan of the LGU;
4. Philippine Fisheries Code of 1998 (RA 8550)
Sec. 102: Aquatic Pollution. — Aquatic pollution, as defined in this Code shall be unlawful
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. Toxic Substances and Hazardous and Nuclear wastes Control Act of 1990 (RA 6969)
Sec. 13. Prohibited Acts
The
6. following
Intrusionacts and omissions
of licensed shall be considered
and unlicensed unlawful:
commercial fishers in municipal waters
XXX
(b)7.Failure
Marketing and buying
or refusal illegally-caught
to submit fish
reports, notices or &
onfishery species access to records as required by this Act, or permit inspection of
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
D. Environmental Impact Statement System
1. Environmental Impact Statement System (PD 1586)
Sec. 4: Undertaking project without ECC
Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or
B.areas in to
Failure theComply
countrywith
as environmentally critical. No person, partnership or corporation shall undertake or operate any such declared
Report Requirements
environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his
duly authorized representative. For the proper management of said critical project or area, the President may by his proclamation
reorganize such government offices, agencies, institutions, corporations or instrumentalities including the re-alignment of government
personnel, and their specific functions and responsibilities.
Sec. 9, clause 2: Violation of ECC terms and conditions
C.Penalty
Illegal Fishing Activities
for Violation. and Dealing
Any person, in Illegally-Caught
corporation or partnership Fish
foundorviolating
FisherySection
Products
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
1. Protection
Capture ofCouncil pursuant
breeders, to this eggs
spawners, Decree
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
of theand Operation of
Environmental Fish Corrals/Traps,
Compliance Certificate, Fish
or of Pens and Fish rules
the standards, Cagesand 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
1. 3. Failure Forestry
Revised to Comply with(PD
Code Standards
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
Except for all in overexploited
mangrove speciesorwhose
fishery management
cutting areas there shall be collected forest charges on each cubic meter of firewood
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
of 5.qualified
Fishingtheft
without license and
as defined or necessary
punished permits or not 309
under Articles complying
and 310with documentary
of the requirements
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
Any6. Intrusion
person who of licensed
enters andand unlicensed
occupies commercial
or possesses, or fishers in municipal
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,
Marketing andor buying
negligently permits a fire fish
illegally-caught to be&set in any
fishery forest land shall, upon conviction, be fined in an amount of not less than
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
withintoany
Comply with
area in theReport Requirements
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.
Sec. 82. Survey by unauthorized person
1. Imprisonment
Capture of breeders, spawners,
for not less than twoeggs
(2) or
norfry
more than four (4) years, in addition to the confiscation of the implements used in the
violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to
survey from the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct
or undertake a survey for whatever purpose.
2. F. Protected Areas
1. National Integrated Protected Areas System (NIPAS) Act of 1992 (RA 7586)
Sec. 20: Prohibited Acts.
Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following
acts are prohibited within protected areas:
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
Failure toof Comply
any waste products
with detrimental to the protected area, or to the plants and animals or inhabitants therein;
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;
(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
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

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
7. person whoand
Marketing commits anyillegally-caught
buying of the following acts:
XXX
3. Unauthorized obstruction of a river or waterway , or occupancy of a riverbank or seashore without permission
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
Annex
Annex
5. Criminal
5. Criminal
Procedure
Procedure
Flowcharts
Flowcharts
1. Procedure
1. Procedure
In Filing
In Filing
and Prosecuting
and Prosecuting
CaseCase
under
under
WARRANTLESS
WARRANTLESS
ARREST
ARREST
357
358
2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS
359
360
Annex
Annex
6. Wildlife
6. Wildlife
LawLaw
Enforcement
Enforcement
Manual
Manual
Flowcharts
Flowcharts
1. Investigation
1. Investigation
Procedure
Procedure
361
2. General Surveillance Procedure
362
3. General Regulatory Monitoring Procedure
363
4. Serving a Warrant of Arrest
364
365
366
367
368
369
370
371
9. Administrative Seizure, Confiscation and Disposition
Verification of prima facie case against the offender by the Seizure Officer
If prima facie case exists, issuance of Seizure Order
Issuance of Notice of Hearing

Hearing by the Seizure Officer
Decision by the RED upon recommendation by the Hearing Officer

Motion for Reconsideration at the discretion of the aggrieved party
Decision by the Hearing Officer
Appeal to the Office of the Secretary at the discretion of the aggrieved party
Decision by the DENR Secretary
Appeal to the courts by the aggrieved party. Otherwise, Secretary’s decision becomes final and
executory and confiscated items shall become permanent property of the government and shall
be disposed of in accordance with law.
372
373
374
375
376
377
15. Incoming and Transshipment of cargoes at international seaports and there is advance information of transport of wildlife
goods/derivatives
378
16. Departure of Passengers Carrying Wildlife
3. Failure(Note:
to Comply withisStandards
Scenario passenger has checked/inquired with quarantine desk officer to secure the necessary permit)
379
17. Arrival of Passengers Carrying Wildlife, Based on Advance Information
380
18. Outgoing Cargoes
381
19. Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods
382
383
AnnexAnnex
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
A. A.
CRITICALLY
A. ENDANGERED
CRITICALLY
CRITICALLY SPECIES
ENDANGERED
ENDANGERED
ENDANGERED
SPECIES
SPECIES
SPECIES
MAMMALS MAMMALS
MAMMALS
MAMMALS
Family Family
Family
Family ScientificScientific
Scientific
Name
Scientific
Name
Name
Name Common Common
Common
Name
Common Name
Name
Name
Bovidae Bovidae
Bovidae
Bovidae Bubalus
B. Failure to Comply with Report Requirements Bubalus
mindorensis
Bubalus
Bubalus
mindorensis
mindorensis
mindorensis Tamaraw Tamaraw
Tamaraw
Tamaraw
CervidaeCervidae
Cervidae
Cervidae Cervus alfredi
Cervus
Cervus
Cervus
alfredi
alfredi
alfredi VisayanVisayan
spotted
Visayan
Visayan
spotted
deer
spotted
spotted
deer
deer
deer
MuridaeMuridae
Muridae
Muridae Crateromys
Crateromys
Crateromys
Crateromys
australisaustralis
australis
australis Dinagat Dinagat
hairy-tailed
Dinagat
Dinagat
hairy-tailed
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Crateromys
Crateromys
Crateromys
Crateromys
paulus paulus
paulus
paulus Ilin hairy-tailed
IlinIlin
hairy-tailed
Ilin
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Pteropodidae
Pteropodidae
Pteropodidae
Pteropodidae Dobsonia
Dobsonia
Dobsonia
chapmani
Dobsonia
chapmani
chapmani
chapmani PhilippinePhilippine
Philippine
bare-backed
Philippine
bare-backed
bare-backed
bare-backed
fruit bat fruit
fruit
fruit
batbat
bat
Dugongidae
Dugongidae
Dugongidae
Dugongidae DugongDugong
dugon
Dugong
Dugong
dugon
dugon
dugon DugongDugong Dugong
Dugong
Suidae Suidae
Suidae
Suidae Sus cebrifons
SusSus
Sus
cebrifons
cebrifons
cebrifons VisayanVisayan
warty
Visayan
Visayan
pigwarty
warty
warty
pigpigpig
C.BIRDS
Illegal BIRDS
Fishing
BIRDS
BIRDS Activities and Dealing in Illegally-Caught Fish or Fishery Products
Family Family
Family
Family ScientificScientific
Scientific
Name
Scientific
Name
Name
Name Common Common
Common
Name
Common NameName
Name
1. Capture ofPsittacidae
Psittacidae breeders,
Psittacidae
Psittacidaespawners, eggs or fryCacatuaCacatua
haematuropygia
Cacatua
Cacatuahaematuropygia
haematuropygia
haematuropygia Philippine
Philippine
Philippine
cockatoo
Philippine
cockatoo
cockatoo
cockatoo
Bucerotidae
Bucerotidae
Bucerotidae
Bucerotidae Aceros waldeni
Aceros
Aceros
Aceros
waldeni
waldeni
waldeni Walden’sWalden’s
hornbill
Walden’s
Walden’s
hornbill
hornbill
hornbill
Anthracoceros
Anthracoceros
Anthracoceros
Anthracoceros
montanimontani
montani
montani Sulu hornbill
Sulu
Sulu
Sulu
hornbill
hornbill
hornbill
DicaeidaeDicaeidae
Dicaeidae
Dicaeidae DicaeumDicaeum
Dicaeum
Dicaeum Quadricolor
Quadricolor
Quadricolor
Quadricolor
Cebu flowerpecker
Cebu
Cebu
Cebu
flowerpecker
flowerpecker
flowerpecker
accipitridae
accipitridae
accipitridae
accipitridae Pithecophaga
Pithecophaga
Pithecophaga
Pithecophaga
jefferyi jefferyi
jefferyi
jefferyi Philippine
Philippine
Philippine
eagle
Philippine
eagle
eagle
eagle
cuculidaecuculidae
cuculidae
cuculidae Centropus
Centropus
Centropus
steerii
Centropussteerii
steerii
steerii Black-hooded
Black-hooded
Black-hooded
Black-hooded
coucal coucalcoucal
coucal
sternidaesternidae
2. Construction sternidae
sternidae Sterna bernsteini
and Operation of Fish Corrals/Traps, Sterna
Sterna
FishSterna
bernsteini
Pens bernsteini
bernsteini
and Fish Cages ChineseChinese
crested
Chinese
Chinese
crested
tern
crested
crested
tern
tern
tern
gruidae gruidae
gruidae
gruidae Grus antigone
Grus
Grus
Grus
antigone
antigone
antigone Sarus crane
Sarus
Sarus
Sarus
crane
crane
crane
columbidae
columbidae
columbidae
columbidae Phapitreron
Phapitreron
Phapitreron
Phapitreron
cinereiceps
cinereiceps
cinereiceps
cinereiceps Tawi-tawi
Tawi-tawi
brown
Tawi-tawi
Tawi-tawi
dove
brown
brown
brown
dove
dove
dove
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
menageimenagei
menagei
menagei Sulu bleeding-heart
Sulu
Sulu
Sulu
bleeding-heart
bleeding-heart
bleeding-heart
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
keayi keayi keayi
keayi Negros Negros
bleeding-heart
Negros
Negros
bleeding-heart
bleeding-heart
bleeding-heart
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
platenaeplatenae
platenae
platenae MindoroMindoro
bleeding-heart
Mindoro
Mindoro
bleeding-heart
bleeding-heart
bleeding-heart
Ptilinopus
Ptilinopus
Ptilinopus
arcanus
Ptilinopus
arcanus
arcanus
arcanus Negros Negros
fruit-dove
Negros
Negros
fruit-dove
fruit-dove
fruit-dove
384
REPTILES
Family Scientific Name Common Name
Cheloniidae Eretmochelys imbricata Hawksbill turtle
Bataguridae Heosemys leytensis Philippine pond turtle
Crocodylidae Crocodylus mindorensis Philippine crocodile
Varanidae Varanus mabitang Panay monitor lizard
CITES-LISTED SPECIES
All species of terrestrial fauna and flora listed uder Appendix I of CITES
B. ENDANGERED SPECIES
MAMMALS
Pteropodidae Acerodon jubatus Golden-crowned fruit bat
5. Fishing without license or necessary permits or notrabori
Nyctimene complying with documentary requirements
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
Family and unlicensed commercial fishers
6. Intrusion of licensed Scientific Name waters
in municipal Common Name
Bucerotidae Penelopides panini Visayan tarictic hornbill
Penelopides mindorensis Mindoro hornbill
Pycnonotidae Hypsipetes siquijorensis Streak-breasted bulbul
7. Marketing and buying illegally-caught fish & fishery
(=Ixos species
siquijorensis ) (=Mottle-breasted bulbul)
Psittacidae Prioniturus verticalis Blue-winged racket-tail
Ciconiidae Ciconia boyciana Japanese white stork
Muscicapidae Rhinomyias albigularis White-throated jungle fly-catcher
Timaliidae Stachyris nigrorum Negros striped-babbler
Stachyris speciosa Flame-templed babbler
(=Dasycrotapha speciosa)
Turdidae Copsychus cebuensis Black shama
385
Rhyacornis bicolor Luzon water-redstart
Columbidae Gallicolumba criniger Mindanao bleeding-heart
Ardeidae Gorsachius goisagi Japanese night-heron
Scolopacidae Tringa guttifer Nordmann’s greenshank
REPTILES
Cheloniidae Caretta caretta Loggerhead turtle
Chelonia mydas Green sea turtle
Lepidochelys olivacea Olive ridley sea turtle
Dermochelys coriacea Leatherback turtle
Bataguridae Heosemys spinosa Spiny terrapin
Trionychidae Pelochelys cantorii Southeast Asian softshell Turtle
AMPHIBIANS
Family and Dealing in Illegally-Caught Scientific
C. Illegal Fishing Activities Name Products
Fish or Fishery Common Name
Ranidae Platymantis negrosensis Negros forest tree frog
Platymantis polilloensis Polillo forest tree frog
Platymantis spelaeus Negros limestone frog
Platymantis subterrestris Mt. Data cloud frog
CITES-LISTED SPECIES
All species of terrestrial fauna and flora listed uder Appendix II of CITES.
2.C. VULNERABLESPECIES
MAMMALS
Pteropodidae Acerodon leucotis Palawan flying fox
Pteropus dasymallus Wooly flying fox
Pteropus speciosus Philippine gray flying fox
Pteropus leucopterus White-winged fruit bat
Muridae Archboldomys luzonensis Isarog shrew-mouse
386
Crateromys schadenbergi Bushy tailed-cloud rat
Phloeomys cumingi Southern Luzon giant cloudrat
3. Failure to Comply with Standards Batomys russatus Dinagat hairy-tailed rat
Cervidae Cervus mariannus Philippine brown deer
Manidae Manis culionensis Palawan pangolin
Erinaceidae Podogymnura aureo-spinula Dinagat gymnure
Felidae Prionailurus bengalensis Leopard cat
4. Fishing in overexploited or fishery management
Suidae areas
Sus barbatus Bearded pig
Sus philippensis Philippine warty pig
Tragulidae Tragulus napu Mouse deer
Pteropodidae Pteropus sp. A from Mindoro Island
Haplonycteris sp. A from Sibuyan Island
BIRDS
5. Fishing without Family Scientific with
license or necessary permits or not complying Name 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
Gallicolumba in municipal waters
luzonica Luzon bleeding-heart pigeon
Ptilinopus merrilli Cream-bellied fruit dove
Treron formosae Whistling green-pigeon
Alcedinidae
7. Marketing and buying illegally-caught fishCeyx melanurus
& fishery species Philippine dwarf kingfisher
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 White-winged cuckoo-shrike
Coracina mcgregori Mcgregor’s cuckoo-shrike
Dicaeidae Dicaeum haematostictum Visayan flowerpecker
Dicaeum retrocinctum Scarlet-collared flowerpecker
Eurylaimidae Eurylaimus samarensis Visayan broadbill
Eurylaimus steerii Mindanao broadbill
Picidae Picoides ramsayi Sulu woodpecker
Chloropseidae Chloropsis flavipennis Philippine leafbird
B. Failure
Pittidae to Comply with Report RequirementsPitta steerii Azure-breasted pitta
Pitta kochi Koch’s pitta
Estrildidae Erythrura viridifacies Green-faced parrotfinch
Turdidae Zoothera cinerea Ashy thrush
Rhyacornis bicolor Luzon water-redstart
Timaliidae Ptilocichla falcata Falcated wren-babbler
Phasianidae Polyplectron emphanum Palawan peacock-pheasant
Bucerotidae
C. Illegal Anthracoceros
Fishing Activities and Dealing in Illegally-Caught marchei
Fish or Fishery Products Palawan hornbill
Aceros leucocephalus Writhed hornbill
1. Capture of breeders, spawners, eggs or fry Buceros hydrocorax Rufous hornbill
Psittacidae Prioniturus platenae Blue-headed racket-tail
Prioniturus luconensis Green-headed racket-tailed parrot
Tanygnathus lucionensis Blue-naped parrot
Strigidae Bubo philippensis Philippine eagle-owl
Mimizuki gurneyi Giant scops-owl
Accipitridae Spizaetus philippensis Philippine hawk-eagle
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
Ichthyophaga and Fish Cages
ichthyaetus Grey-headed fish-eagle
Silviidae Acrocephalus sorghophilus Streaked reed-warbler
Phylloscopus ijimae Ijima’s leaf-warbler
Ardeidae Egretta eulophotes Chinese egret
Emberizidae Emberiza sulphurata Japanese yellow bunting
Scolopacidae Eurynorhynchus pygmaeus Spoon-billed sandpiper
Numenius tahitiensis Bristle-thighed curlew
Charadriidae Charadrius peronii Malaysian plover
Sturnidae Gracula religiosa Palawan hill myna
388
Anatidae Anas luzonica Philippine duck
Anhingidae Anhinga melanogaster Darter
Megapodiidae Megapodius cumingii Tabon scrubfowl
REPTILES
Varanidae Varanus olivaceus Gray’s monitor lizard
4. Fishing in overexploited or fishery management areas cumingi
Varanus salvator Malay monitor lizard (Mindanao
population)
Varanus salvator marmoratus Malay monitor lizard (Northern
Philippine population)
Varanus salvator nuchalis Malay monitor lizard (Central Visayas
population)
AMPHIBIANS
Family with documentary requirementsCommon Name
Scientific Name
Ichthyophiidae Ichthyophis glandulosus Basilan caecilian
Ichthyophis mindanaoensis Mindanao caecilian
Bufonidae Ansonia mcgregori Macgregor’s slender toad
Ranidae Limnonectes magnus Mindanao fanged Frog
Platymantis hazelae Hazel’s forest frog
Platymantis in municipal waters
insulatus Gigante island limestone frog
Platymantis lawtoni Lawton’s forest frog
Platymantis rabori Rabor’s forest frog
Rana igorota Taylor’s igorot frog
Rhacophoridae Philautus schmackeri Mindoro tree frog
389
D. OTHER THREATENED SPECIES
MAMMALS
Viverridae Arctictis binturong Binturong
Cynocephalidae Cynocephalus volans Flying lemur
Cercopithecidae Macaca fascicularis Philippine macaque
Pteropodidae Pteropus vampyrus Giant flying fox
Tarsiidae
B. Failure to Comply with Report RequirementsTarsius syrichta Philippine tarsier
REPTILES
Varanidae Varanus salvator rudicollis Rough-necked monitor
Agamidae Hydrosaurus postulatus Philippine sailfin Lizard
Boidae Python reticulates Reticulated python
Trimeresurus flavomaculatus mcgregori Batanes pit viper
390
Annex 8. Annex
List of8.threatened
List of threatened plants
plants and and
other other wildlife
wildlife speciesspecies in accordance
in accordance with with
3. FailureDENR Administrative
to Comply with Standards 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
4. Fishing APOCYNACEAE
in overexploited or fishery management Kibatalia longifolia Merr.
areas Malapasnit
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
5. Fishing without license or necessary permits Foxw.
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
7. Marketing and buying illegally-caught fish Diospyros
& fishery species blancoi A DC. Kamagong/mabolo
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 Hypericum pulogense Merr. Pulag St. Johnswort
ISOETACEAE lsoetes philippinensis Merr. & Peny Philippine Quillwort; Rogiro;
Kabauingbauing
LAURACEAE Cinnamomum cebuense Kosterrn. Cebu kalingag
LEGUMINOSAE Pterocerpus indicus Willd. forma indlcus Smooth narra
Pterocarpus indicus Willd. forma Prickly narra
echinatus (Pers.) Rojo
LORANTHACEAE Thaumasianthes amplifolia (Merr.) Samar mistletoe
B. Failure to Comply with Report Requirements Danser
MELIACEAE Aglaia pyriformis Merr. Kanining-peneras
Toona calantas Merr. & Rolfe Kalantas
MYRTACEAE Syzygium nitidum Benth. Maka-asim
Tristaniopsis decorticata (Merr.) Peter G. Malabayabas
Wilson &
Waterhouse
Xanthostemon bracteatus Merr. Mapilig
Xanthostemon philippinensis Merr. Bagoadlau
NEPENTHACEAE Nepenthes argentii M Jebb & M Cheek Argent Pitcher plant
1. Capture of breeders, spawners, eggs or fryNepenthes merrilliana Macfarlane Mindanao giant Pitcher plant
Nepenthes sibuyanensis J Nerz Sibuyan Pitcher plant
OLEACEAE Chionanthus clementis (Quisumb. & Kayantol
Merr.) Kiew
Chionanthus remotinervius (Merr.) Kiew Pamoplasin
Olea palawanensis Kiew Palawan olive
ORCHIDACEAE
2. Construction AmesiellaFish
and Operation of Fish Corrals/Traps, monticola J. Cootes
Pens and & DP
Fish Cages -
Banks
Ascoglossum calopterum (Reichb. f.) -
Schlecter
Ceratocentron fesseli Senghas -
Dendrobium schuetzei Rolfe -
Euanthe sanderiana (Reichb. f) Schltr. Waling-waling
Gastrochilus calceolaris (Buch.- Ham. ex -
J.E. Sm.) D.Don
392
Paphiopedilurn acrnodontum Schoser ex Lady slipper
MW Wood
3. Failure to Comply with Standards Paphiopedilum adductum Asher Lady slipper
Paphiopedilum anitum Golamco Lady slipper
Paphiopedilum argus (Reichb.f.) Stein Lady slipper
Paphiopedilum fowliei Birk Lady slipper
Paphiopedilum haynaldianum (Reich b.f.) Lady slipper
Stein areas
Paphiopedilum hennisianum (MW Wood) Lady slipper
Fowlie
Paphiopedilum randii Fowlie Lady slipper
Paphiopedilum urbanianum Fowlie Lady slipper
Paphiopedilum usitanum 0 Gruss & J Lady slipper
Roeth
Phalaenopsis micholitzii Rolfe -
Phmgmorchls teretifolia LO Williams -
Vanda lamellata Lindl. var. calayan -
Valmayor & D. Tiu
Areca parens Becc. Takobtob
Calamus batanensis (Becc.) Baja-Lapis Valit
Calamus jenningsianus Becc.
Calamus vinosus
6. Intrusion of licensed and unlicensed commercial fishersBecc.
in municipal waters -
Daemonorops affinis Becc. Bag-bag
Daemonorops oligolepis Becc. Rogman
Daemonorops pannosus Becc. Sabilog
Heterospathe califrons Fernando Yanisi
Heterospathe dransfieldii Fernando Dransfield sanakti
Heterospathe scitula Fernando Malasanakti
Heterospathe sibuyanensis Becc. Bilis
Heterospathe trispatha Fernando Tatlong bilisan
Pinanga batanensis Becc. Dapiau
Pinanga bicolana Fernando Bicol abiki
Pinanga samarana Becc. Samar abiki
393
Pinanga sclerophylla Becc. Abiking-tigas
Pinanga sibuyanensis Becc. Tibañgan
Plectocomia elmeri Becc. Uñgang
Peranema cyatheoides D. Don var. -
luzonicum (Copel.) Ching & S. H. Wu
POLYPODIACEAE Platycerium coronarium (Koenig ex Staghorn fern
Miller) Desv.
Platycerium grande (Fee) Kunze Giant staghorn fern
B. Failure to Comply with Report Requirements Podosorus angustatus Holtt.
PTERIDACEAE Reris calocarpa (Copel.) M. G. Price -
Pteris pachysora (Copel.) M. G. Price -
RAFFLESIACEAE Ramesia manillana Teschem. Malaboo
Raflesia speciosa Barcelona & Fernando Uruy
Ramesia schadenbergiana Gbppert ex Bo-o
Hieron.
RUBIACEAE Greeniopsis pubescens Merr. Paluay mabolo
Villaria acutifolia (Elmer) Merr. Tango
RUTACEAE Swinglea glutinosa (Blanco) Merr. Kabuyok
1. Capture of breeders, spawners, eggs or fryGongvospennum philippinense Radlk.
SAPINDACEAE Kasau-kasau
Guioa palawanica Welzen Palawanalahan
Guioa parvifoliola Merr. Angset
Guioa reticulata Radlk. Alahan-sinima
THELYPTERIDACEAE Coryphopteris borealis Holtt. -
VERBENACEAE Clerodendrum guadriloculare (Blanco) Bagauak-morado
Merr.
Tectona philippiinensis Benth. B Hook. f. Philippine teak
394
Category B. Endangered Species
FAMILYwith
NAMEStandards SCIENTIFIC NAME COMMON NAME
ANACARDIACEAE Manghm odorata Griff. Huani
APOCYNACEAE Kibatalia puberula Merr. Paslit-mabolo
Kibatalia stenopetala Merr. Paslit-kitid
ARACEAE Alocasia sanderiana W. BulI.
ARALIACEAE Schemeraareas
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 -
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
Hoya pulgarensis municipal waters -
Hoya quinguinervia Warb. -
Hoya guisumbingii Kloppenburg -
7. Marketing and buying illegally-caught fishHoya rizaliana
& fishery Kloppenbuqj
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
Cyathea caudata (J. Sm.) Copel. Tree fern
Cyathea christii Copel. Tree fern
Cyathea cinerea Copel. Tree fern
Cyathea curranii Copel. Tree fern
Cyathea edanoi Copel. Tree fern
Cyathea ferruginea Christ Tree fern
Cyathea fuliginosa (Christ) Copel. Tree fern
Cyathea halconensis Christ Tree fern
B. Failure to Comply with Report Requirements Cyathea heterochlamydea Copel. Tree fern
Cyathea integra J. Sm. ex Hook. Tree fern
Cyathea masapilidensis Copel. Tree fern
Cyathea negrosiana Christ Tree fern
CYCADACEAE Cycas cumanii (Schuste.) K.D. Hill Curran pitogo
Cycas edentata de Laubenf. Pitogong dagat
Cycas riuminiana Porte ex Regel Pitogo
Fish K.D.
Cycas silvestris
C. Illegal Fishing Activities and Dealing in Illegally-Caught Hill
or Fishery Products Palawan pitogo
Cycas wadei Merr. Culion pitogo
DIPTEROCARPACEAE
1. Capture of breeders, spawners, eggs or fry Anisoptera costata Korth. Mindanao palosapis
Dipterocarpus eurynchus Miq. Basilan apitong
Dipterocarpus philippinensis Foxw. Hairy-leafed apitong
Hopea plagata (Blanco) Vidal Yakal saplungan
Shorea ovata Dyer ex Brandis Tiaong
DRYOPTERIDACEAE Dryopteris chrysocoma (Christ) Chr. -
Dryopteris permagna M. G. Price -
2. Construction
EBENACEAE and Operation of Fish Corrals/Traps, Fish longiciliata
Diospyros Pens and Fish
Merr.Cages Itom-itom
Diospyros philippinensis A. DC O-oi
Diospyros pilosanthera Blanco Bolong-eta
Dlospyros pyrrhocarpa Miq. Anang
ERICACEAE Rhododendron subsessile Rendle Ausip
FABRONIACEAE Merrilliobryum fabronioides Broth. -
GESNERIACEAE Agamyla bilirana Hilliard & BL Burtt Biliran lipstick plant
GRAMINEAE Danthonia oreoboloides (F Muell.) Stapf Pulag carpet grass
LAURACEAE Cinnamomum oroi Quisumb. Oro kalingag
396
Cryptocarya palawanensis Merr. Paren
Litsea leytensis Merr. Batikuling
LEGUMINOSAE Afzelia rhomboidea (Blanco) Vidal Tindalo
lntsia bijuga (Colebr.) Kuntze Ipil
Kingiodendron alternifolium (Elmer) Merr. Batete
& Rolfe
Koompassia excelsa (Becc.) Taub. Mangis
Sindoraareas
supa Merr. Supa
Strongylodon macrobotrys A Gray Jade Vine/Tayabak
Sympetalandra densiflora (Elmer) Steen. Kamatog
Wallaceodendron celebicum Koord. Banuyo
LEJEUNEACEAE Drepanolejeunea bakeri Herzog -
LYCOPODIACEAE Lycopodium halconense Copel. -
Lycopodium magnusianum Herter -
Lycopodium phlegmaria L. -
Lycopodium salvinioides (Herter) Tagawa -
Lycopodium squarrosum G. Forst. -
MELASTOMATACEAE Astrocalyx calycina (Vidal) Merr. Tanghau
Beccananthus ickisii Merr. lckis tungau
Beccarianthus pulchem'mus (Merr.) Malintungau
Maxw.
Medinillafishers in municipal
banahaensis Elmer waters Kalambog-lambog
Medinilla calelanensis Elmer Tiualos tatana
Medinilla dementis Merr. Gubangbang
7. Marketing and buying illegally-caught fishMedinilla
& fisherycompssicaulis
species Merr. Salanakad
Medinilla comnata Regalado Pagirang
Medinilla magnifica Lindl. Kapa- kapa
Medinilla palawanensis Regalado Palawan medinilla
Medinilla pendula Merr. Baladu
Medinilla stenobotrys Merr. Lalanug
Medinilla surigaoensis Regalado Eastem Mindanao rnedinilla
Medinilla tayabensis Merr. Mt. Binuang medinilla
MELIACEAE Walsura monophylla Merr. Bukalau
397
MYRISTICACEAE Knema ridsdaleana de Wilde Ridsdale tambalau
Myristica colinridsdalei de Wilde Ridsdale duguan
MYRTACEAE Tristaniopsis littoralis (Merr.) Peter G. Taba
Wilson 8 Waterhouse
Xanthostemon fruticosus Peter G. Wilson Sierra Madre mangkono
& Co
Xanthostemon speciosus Merr. Palawan mangkono
Xanthostemon verdugonianus Naves Mangkono
NEPENTHACEAE
B. Failure to Comply with Report Requirements Nepenthes bellii Kondo Kondo Pitcher plant
Nepenthes burkei Masters Burke Pitcher plant
Nepenthes deaniana Macfarlane Macfarlane Pitcher plant
Nepenthes globamphora Sh Kurata & Globamphora Pitcher plant
Toyoshima
Nepenthes petiolata Danser Pitcher plant
Nepenthes philippinensis Macfarlane Pitcher plant
Nepenthes truncate Macfarlane Pitcher plant
Nepenthes ventricosa Blanco Pitcher plant
OPHIOGLOSSACEAE Ophioglossum pendulum L. Adder’s tongue
ORCHIDACEAE Aerides lawrenciae Reichb. f. -
Amesiella philippinensis (Ames) Garay -
Bulbophyllum stramineum Ames -
Bulbophyllum whitfordli Rolfe -
Coelogyne palawanense Ames -
Corybas laceratus Williams -
2. Construction and Operation of Fish Corrals/Traps, Fish
Corybas Pens and Fish
merrilli(Ames) Cages
Ames -
Corybas ramosianus J. Dransf. -
Cymbidium aliciae Quisum b. -
Cymbidium gonzalesli Quisum b. -
Dendmbium lunatum Lindl. -
Paphiopedilum ciliolam (Reichb. f.) Stein -
Phalaenopsis fasciata Reichb. f. -
Phalaenopsis gettrudeae Quisumb. -
Phalaenopsis hieroglyphica (Reichb. f.) -
398
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. -
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. -
Vandopsis in municipal
kupperiana waters
Kraenzl. -
Vandopsis leytensis Ames -
PALMAE Adonidia merillii (Becc.) Becc. Manila Palm
7. Marketing and buying illegally-caught fishAreca species Becc.
camarinensis
& fishery Mono
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
Podocarpus palawanensis de Laubenf. & Palawan igem
Silba
Podocarpus rotundus de Laubenf. Igem-bilogan
POLYPODIACEAE Lecanopteris deparioides (Cesati) Baker Mahabac
Lecanopteris lomanoides (Mett.) Copel. Ant fern
Lecanopteris luzonensis Hennip. Ant fern
PTERIDACEAE Pteris endoneura M.G. Price -
ROSACEAE Prunus pulgarensis (Elmer) Kalkm. Gupit
B. Failure to Comply with Report Requirements Prunus rubiginosa (Elmer) Kalkm. Bakad pula
RUBIACEAE Boholia nematostylis Merr. -
Mussaenda philippinensis Merr. -
SAPINDACEAE Cubilia cubili (Blanco) Adelb. Kubili
Dimocarpus longan Lour. ssp. & var, Alupag lalaki
malesianus Leenh.
Dimocarpus longan Lour. ssp. malesianus Alupag amo
Leenh. var.
echinatus Leenh.
GIoeocarpus patentivaIvis (Radlk.) Radlk. Tamaho
1. Capture of breeders, spawners, eggs or fry Guioa acuminata Radlk. Pasi
Guioa discolor Radlk. Alahan-puti
Guioa myrladenIa Radlk Ulas
Guioa truncate Radlk. Uyos
Litchi chinensis Sonn. ssp. philippinensis Alupag
(Radlk.) Leenh.
SAPOTACEAE
2. Construction Ganua
and Operation of Fish Corrals/Traps, monticola
Fish (Merr.)
Pens and FishH.J. Lam
Cages Betis-bundok
Ganua obovatifolia (Merr.) Assem Pianga
Madhuca betis (Blanco) McBride Betis
Madhuca oblongifolia (Merr.) Merr. Malabetis
SELAGINELLACEAE Selaginella atimonanensis B. C. Tan & -
Jermy
Selaginella pricei B. C. Tan & Jermy -
SIMAROUBACEAE Eurycoma longifolia Jack ssp. Linatog
eglandulosa (Merr.) Noot. Linam
400
TECTARIACEAE Heterogonium wenzelii (Copel.) Holtt. -
Tectaridium macleanii Copel. -
THELYPTERIDACEAE Chingia urens Holtt. -
VERBENACEAE Vitex parviflora Juss. Molave/Molawin
WOODSIACEAE Diplazium egenolfioides M. G. Price -
ZINGIBERACEAE Hedychium philippinense K. Schum. Dainsuli
4. Fishing
Category C. in overexploited
Vulnerable or fishery management areas
Species
FAMILY NAME SCIENTIFIC NAME COMMON NAME

ACTlNlDlACEAE Saurauia bontocensis Merr. Dagwey
ADIANTACEAE Adiantum cupreum Copel. Coppery maidenhair fern
Adiantum mindanaense Copel. Mindanao maidenhair fern
Adiantum scabripes Copel. Rough maidenhair fern
Doryopteris cuspidata Copel. -
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
Mangifera in municipal
merrillii Mukherji waters Pahong-liitan
Mangifera monandra Merr. Malapaho
Semecarpus paucinervius Merr. Ligas-ilanan
ANNONACEAE
7. Marketing and buying illegally-caught fish Dasymaschalon
& fishery species scandens Elmer Kalabuyo
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 Kibatalia elmeri Woodson Elmer pasnit
Kibatalia merrilliana Woodson Merrill pasnit
Tabernaemontana cordata Merr. Sakang-manok
AQUlFOLlACEAE llex palawanica Loesen. ex Elmer Palawan kalasan
ARACEAE Alocasia micholitziana Sander -
Alocasia zebrine Schott ex van Houtte Badlang
ARALIACEAE Arthrophyllum pulgarense Elmer Higin
ARAUCARIACEAE Agathis celebica (Koord.) Ward Palawan almaciga
B. Failure to Comply with Report Requirements Agathis philippinensis Warb. Almaciga
ASCLEPIADACEAE Hoya paziae Kloppen burg -
Quisumbingia merrilli (Schltr.) Merr. -
ASPLENIACEAE Asplenium nidus L. Pugad-lawin
Asplenium vittaeforme Cav. Dahu
BEGONIACEAE Begonia oxyspenna A. DC. -
BIGNONIACEAE Radennachera coriacea Merr. -
BLECHNACEAE
C. Illegal Fish or(A.Fishery
Blechnum fraseri
Fishing Activities and Dealing in Illegally-Caught Cunn.) Products
Luerss. -
CELASTRACEAE Glyptopetalum palawanense Merr. Palawan surag
COMBRETACEAE
1. Capture of breeders, spawners, eggs or fry Tenninalia macrantha Merr. & Quisumb. ex Bongoran
Rojo
Tenninalia surigaensis Merr. Dalinsoi
CYATHEACEAE Cyathea contaminans wall.) Copel. Tree fern
Cyathea elmen (Copel.) Copel Tree fern
Cyathea latipinnula Copel. Tree fern
Cyathea oblique Copel. Tree fern
2. Construction and Operation of Fish Corrals/Traps, Fishphilippinensis
Cyathea Pens and Fish Cages
Baker Tree fern
Cyathea robinsonii Copel. Tree fern
Cyathea rufopannosa Christ Tree fern
Cyathea setulosa Copel. Tree fern
Cyathea sibuyanensis Copel. Tree fern
Cyathea zamboangana Copel. Tree fern
Dicksonia mollis Holtt. Tree fern
DILLEN IACEAE Dillenia reifferscheidia Villar Katmon-kalabau
DIPTERIDACEAE Diptens lobbiana (Blume) Moore -
402
DIPTEROCARPACEAE Dipterocarpus gracilis Blume Panao
Diptemarpus hasseffii Blume Hasselt's Panao
3. Failure to Comply with Standards Dipterocarpus kunstleri King Broad-leafed apitong
Shorea almon Foxw. Almon
Shorea contorta Vldal White lauan
Shorea falciferoides Foxw. ssp. Yakal-yamban
falciferoides
Shoreaareas
negrosensis Foxw. Red lauan
Show polyspenna (Blanco) Merr. Tanguile
Shorea seminis (de Vriese) Slooten Mala-Yakal
Vatica mangachapoi Blanco ssp. Narig
mangachapoi
Vatica mangachapoi Blanco ssp. obtusifola Palawan narig
(Elmer)
Ashton
Vatica maritima Slooten Narig laot
EBENACEAE Diospyros curranii Merr. Malagaitmon
Diospyros ferrea (Wild.) Bakh. var. Bantulinaw
buxifolia (Rottb.) Bakh.
Diospyros mindanaensis Merr. Ata-ata
EUPHORBIACEAE Balakata luzonica (Vidal) Esser Balakat-gubat
Securinega Muell.-Arg
in municipal
flexuosa .
waters Anislag
FAGACEAE Lithocarpus apoensis (Elmer) Rehd. Apo oak
Lithocarpus jordanae Laguna Katiluk
GESNERIACEAE Aeschynanthus cuernosensis Schltr. Cuernos lipstick plant
Aeschynanthus curvicalyx Mendum Cleopatra's lipstick plant
Aeschynanthus elmeri Mendum Elmer's lipstick plant
Aeschynanthus firmus Kraenzl. Lanao lipstick plant
Aeschynanthus littoralis Schltr. Davao lipstick plant '
Aeschynanthus madulidii Mendum Madulid's lipstick plant
Aeschynanthus miniaceus BL Burtt & PJB Pamingkauan
Woods
Aeschynanthus nervosus Schltr. Chila
403
Aeschynanthus ovatus Schltr. Round-leafed lipstick plant
Aeschynanthus pergracilis Kraenzl. Slender lipstick plant
Aeschynanthus truncatus Schltr. Truncate lipstick plant
Agamyla biflora (Elmer) Hilliard & BL Burtt. Twin-flowered lipstick plant
Agamyla calelanensis (Elmer) Hilliard & BL Tasik-sa-lomot
Burtt
Agamyla glabra (Merr.) Hilliard & BL Burtt Smooth lipstick plant
Agamyla montistomasi Hilliard & BL Burtt Benguet lipstick plant
B. Failure to Comply with Report Requirements Agamyla parvilimba Hilliard & BL Burtt Leyte lipstick plant
Agamyla persimilis Hilliard 8 BL Burtt Agusan lipstick plant
Agamyla rotundiloba Hilliard & BL Burtt Round-lobed lipstick plant
Agamyla samarica Hilliard & BL Burtt Samar lipstick plant
Agamyla sibuyanensis Hilliard & BL Burtt Sibuyan lipstick plant
Agamyla urdanentensis (Elmer) Hilliard & Balibadon
BL Burtt
GUlTIFERAE Calophyllum laticostatum PF Stevens Thick-veined bitanghol
HAMAMELIDACEAE Embolanthera spicata Merr. Paningit
LAURACEAE Cinnamomum mercadoi Vidal Kalingag
Cryptocarya ampla Merr. Bagarilau
LEGUMINOSAE Cynometra inaequifolia A. Gray Dila-dila
Pericopsis mooniana Thwaites Makapilit
Sindora inermis Merr. Kayugalo
Strongylodon elmeri Merr. Bindanugan
LYCOPODIACEAE Lycopodium carinatum Desv.
MELASTOMATACEAE
2. Construction and Operation of Fish Corrals/Traps, Fishdolichophylla
Medinilla Pens and Fish Merr
Cages Gunang
MELIACEAE Aglaia angustifolia Miq. Kaniuing kitid
Aglaia cumingiana Turcz. Alauihau
Aglaia edulis (Roxb). Wall Malasaging
Aglaia rimosa (Blanco) Merr. Balubar
Aglaia smithii Koord . Batukanag
Aglaia tenuicaulis Hiem Oksa
Aphanamis polystachya (Wall.) RN Parker Kangko
Dyxosylum angustifolium (Merr.) Hams Tarublang
404
Dyxosylum oppositifolium F. M uell. Kayatau
MORACEAE Artocarpus rubrovenius Warb. Kalulot
3. Failure to Comply with Standards Artocatpus treculianus Elmer Pakak
MYRISTICACEAE Horsfielda samarensis de Wilde Samar yabnob
OPHIOGLOSSACEAE Botrychium daucifolium Wall. Grape fern
Botrychium lanuginosum Wall. Grape fern
ORCHIDACEAE Aerides leeana Reichb. f. -
4. Fishing in overexploited or fishery management areas sanderae Rolfe
Dendrobium -
Epigeneium treacherianum Reichb. f. ex -
Hook. f.) Summerhayes
PALMAE Areca hutchinsoniana Becc. Pisa
Areca ipot Becc. Bungang-ipot
Areca macrocarpa Becc. Bungang lakihan
Corypha microciada Becc. Biliran buri
Livistona robinsoniana Becc. Kayabing
PANDANACEAE Sararanga philipplnensls Merr. Bagaas (Panay), Abasanay (Waray)
POLYPODIACEAE Aglaomorpha acuminata (Willd .) Libagod
Hovenkam p
Aglaomorpha cornucopia (Copel) Roos -
Aglaomorpha heraclea (Kunze) Copel. Saraukong
Aglaomorpha meyeniana (Hook.) Schott -
6. Intrusion of licensed and unlicensed commercial fisherspilosa
Aglaomorpha in municipal
(Hook & waters
Bauer) -
Copel.
Aglaomorpha splendens (Hook. & Bauer) -
7. Marketing and buying illegally-caught fish Copel.
& fishery species
Drynaria quercifolia (L.) J. Sm. Pakpak-lawin
Goniophlebium terrrestre Copel.
Microsorum punctatum (L.) Copel. Barauwai
Microsorum sarawakense (Baker) Ching -
Microsorum scolopendria (Bum. f.) Copel. Barawetku
Pyrrosia splendens (C. Presl) Ching Turko
PSILOTACEAE Psilotum complanatum Sw. Flat whisk fern
Psilotum nudum (L.) Beauv. Whisk fern
405
Tmesipteris lanceolata Dang -
PTERIDACEAE Taenitis cordatum (Gaud.) Holtt. -
RUBIACEAE Antherostele banahaensis (Elmer) Bremek. -
Antherostele callophylla Bremek. -
Antherostele grandistipula (Merr.) Bremek. -
Antherostele luzoniensis (Merr.) Bremek. -
Badusa palawanensis Ridsd. Palawan palak
Mussaenda acuminatissima Merr. Katudai
B. Failure to Comply with Report Requirements Mussaenda attenuifolia Elmer Bungag
Mussaenda chlorantha Merr. -
Mussaenda setosa Merr. Sigidago
Myrmephytum beccarii Elmer Sibuyan ant plant
Myrmecodia tuberosa Jack Burebid
Villaria fasciculiflora Quisumb. & Mew. Otto
RUTACEAE Zanthoxylum integrifolium (M err.) Merr. Salai
SAPOTACEAE
C. Illegal Palaquium Fish
Fishing Activities and Dealing in Illegally-Caught luzoniense (Femandez-Villar)
or Fishery Products Red nato/ nato
Vidal
Palaquium mindanaense Merr. Pinulog
Palaquium philippense (Perr.) C. Roblnson Malak-malak
Pouteria villamilii (Merr.) Baehni Villamil nato/ White nato
SELAGINELLACEAE Selaginella magnifica Warb. -
Selaginella tamariscina (Beauv.) Spring -
TECTARIACEAE Tectaria stalactica M. G. Price -
THELYPTERIDACEAE Chingia paucipaleata Holtt. -
2. Construction and Operation of Fish Corrals/Traps,ChingiaFish Pens
pricei and Fish Cages
Holtt. -
Christella subdentata Holtt. -
Coryphopteris squamipes (Copel.) Holtt. -
Cyclogamma auriculata (J. Sm.) Ching -
VERBENACEAE Clerodendrum macrocalyx H. J. Lam -
Clerodendrum mindorense Merr. Bagab
WOODSIACEAE Comopteris lrigense (Copel.) M. G. Price -
Diplazium costulisorum C. Presl -
Diplazium cultratum C. Presl -
406
Diplazium propinquum (Copel.) Alderw. -
Gymnocarpium oyamense (Baker) Ching -
ZINGIBERACEAE Adelmeria paradoxa (Ridley) Merr. Parapat
Leptosolena haenkei C. Presl Banai
Category D. Other Threatened Species

FAMILY NAME SCIENTIFIC NAME COMMON NAME
BURSERACEAE 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
Durand complying with documentary requirements
& 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
6. Intrusion of licensed and unlicensed commercial congestiflora
fishers Merr.waters
in municipal Amublit
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
Entada rheedii Sprengel Gugo
Luzonia purpurea Elmer Baloktot
Parkia harbesonii Elmer Butad
LOMARIOPSIDACEAE Lomagramma pedicellataCopel. -
MELIACEAE Aglaia ahemiana Perkins Alamag
Aglaia costata Elmer ex Merr. Manabiog
Sandoricum vidalii Menill Malasantol
MYRISTICACEAE Knema alvarezii Merr. Duhao
B. Failure to Comply with Report Requirements Knema stenocarpa Warb. Libago
Myristica basilanica de Wilde Basilan duguan
Mynynsticfan rghra de Wild e -
Myristica longipetiolata de Wilde -
Myristica philippensis Lamk. Duguan
Myristica pilosigemma de Wilde -
MYRSINACEAE Ardisia romanii Elmer Roman tagpo
MYRTACEAE
C. Illegal Fish or(Quisumb.
Kania microphylla
Fishing Activities and Dealing in Illegally-Caught & Merr.)
Fishery Products Tigang-liitan
Peter G. Wilson
Kania urdanetensis (Elmer) Peter G. Sambulanan
Wilson
Metrosideros halconensis (Merr.) Dawson Magadhan
Syzygium cagayanense (Merr.) Merr. Amtuk
Syzygium ciliato-setosum (Merr.) Merr. Lakangan
Syzygium densinervium (Merr.) Merr. Salakadan
Syzygium panduriforme (Elmer) Merr. Lauig-lauigan
2. Construction and Operation of Fish Corrals/Traps, Fishsubrotundifolium
Syzygium Pens and Fish Cages
(C. Robinson) Kalogkog-dagat
Merr.
PANDANACEAE Pandanus basilocularis Martelli Olango
POLYPODIACEAE Arthromeris proteus (Copel.) Tagawa -
Christopteris sagitta (Christ) Copel. Cacam-cam
RHAMNACEAE Ziziphus hutchinsonii Merr. Lumuluas
Ziziphus talanai (Blanco) Merr. Balakat
ROSACEAE Runus subglabra (Merr.) Kalkm. Kanumog
Rosa luciae Franch. & Rochbr. ex Crepin Kuyaob
408
Rosa transmorrisonensis Hayata Pauikan
Rubus heterosepalus Merr. Tukong
SAPINDACEAE Guioa bicolor Merr. Kaninging
SYMPLOCACEAE Symplocos polyandra (Blanco) Brand. Balakbakan
TECTARIACEAE Tectaria adenophora Copel. -
URTICACEAE Astrothalamus reticulatus (Wedd.) C Lapnai
Robinson
WOODSIACEAE areas
Diplazium calliphylum (Copel.) M. G. Price -
Diplazium macrosorum (Copel.) M. G. -
Price
Diplazium sibuyanense (Copel.) Alderw. -
Diplazium vestitum C. Presl -
ZINGIBERACEAE Vanovrberghia sepulchrei Merr Agbab
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
CLASSIFICATION OF
OFOF
HAZARDOUS
HAZARDOUS
OF HAZARDOUSHAZARDOUS
WASTESWASTES
WASTES
WASTES
Table 2.1Table
Table
Table
2.1
2.12.1
presents presents
presents
the presents the
thethe
Classification
Classification
Classification Classification
ofofPrescribed
of Prescribed of
Prescribed
Prescribed
Hazardous Hazardous
Hazardous
Hazardous
Wastes Wastes
Wastes
Wastes
while Tablewhile
while
while
2.2Table
Table
Table
2.2
presents2.22.2
presents
presents
thepresents
the
thethe
exempted exempted
exempted
exempted
wastes wastes
wastes
wastes
under
under thisunder
under
this
thisthis
Procedural Procedural
Procedural
Procedural
Manual. Manual.
Manual.
Manual.
Should Should
Should
thereShould
bethere
there
there
otherbebe be
other
other
wastes other
wastes
wastes
not wastes
listednot
not
innot
listed
listed
listed
both inin both
inboth
tables, both
tables,
tables,
the tables,
the
thethe
results results
of results
results
the ofof the
toxicityofthethe
toxicity
toxicity
toxicity
B. Failure tocharacteristics
characteristics
characteristics
characteristics
Comply leaching leaching
with Reportleaching
leaching
procedure procedure
procedure
procedure
(TCLP)
Requirements (TCLP)
(TCLP)
(TCLP)
shall be shall
shall
shall
used bebeused
in be
used
used
inindetermining
determiningin
determining
determining
whether whether
whether
the whether
said the
thethe
said
wastessaid
said
wastes
arewastes
wastesare
areare
hazardous hazardous
hazardous
hazardous
and and
andand
covered covered
covered
by covered
this by
bythis
by
thisthis
Procedural Procedural
Procedural
Procedural
Manual. Manual.
Manual.
Manual.
Table 2.1Table
Table
Table
2.1
2.12.1
Classification
Classification
Classification
Classification ofofHazardous
of Hazardous of
Hazardous
Hazardous
Wastes Wastes
Wastes
Wastes
Class Class
Class
Class Description
Description
Description Description Waste Waste
Waste
Waste
Number Number
Number
Number
C. Illegal Fishing
A: WastesA:A:
with
A: Activities
Wastes
Wastes
Wastes
Cyanide
with
with and
with Dealing in Illegally-Caught Fish or Fishery Products
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 A101
A101
A101
1. Capture of breeders, spawners, eggs or fry Refer
waste. waste.
waste.
waste.
to CCO.
Refer
Refer
Refer
totoCCO.
to
CCO.
CCO.
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 B201 B201
B201
B201
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid acid
acid
acid Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid withacid
pH
acid
acid
<with
with
2.0with
pHpH<
pH
<2.0
2.0
< 2.0 B202 B202
B202
B202
2. Construction and
Nitric acidNitric
Nitric
Nitric
acidOperation
acid
acid of Fish Corrals/Traps,
Nitric acidNitric
with Fish
Nitric
Nitric
acid
pH
acidPens
acid
<with
with and
2.0with
pH
pH< pHFish
<2.0
2.0 Cages
< 2.0 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
andand Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
hydrochloric
sulfuric
and
andand
hydrochloric
hydrochloric
hydrochloric
acid acid
acid
acid B206 B206
B206
B206
hydrochloric
hydrochloric
hydrochloric
hydrochloric
acid acid
acid
acid with pH <with
with
2.0with
pH
pH<pH<2.0
2.0
< 2.0
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
Other acid wastes Acid wastes other than B201 to B208 B299
with pH < 2.0
C: Alkali Wastes
Caustic soda Caustic soda with pH > 12.5 C301
Potash Potash with pH > 12.5 C302
4. Fishing
Alkaline in overexploited or fishery Alkaline
cleaners management areas
cleaners with pH > 12.5 C303
Ammonium hydroxide Ammonium hydroxide with pH > 12.5 C304
Lime slurries Lime slurries with pH > 12.5 C305
Other alkali wastes Alkali wastes other than C301 to C306 C399
pH > 12.5
D: Wastes with
5. Fishing Inorganic
without Chemicals
license or necessary permits or not complying with documentary requirements
Selenium and its Includes all wastes with a total Se D401
compounds concentration > 1 mg/L based on analysis of an extract
Arsenic and its Includes all wastes with a total As D402
Barium and its Includes all wastes with a total Ba concentration > 70 mg/L D403
compounds based
6. Intrusion of licensed and unlicensed on analysis
commercial of an in
fishers extract
municipal waters
Cadmium and its Includes all wastes with a total Cd D404
Chromium compounds Includes all wastes with a total Cr D405
concentration species
> 5 mg/L based on analysis of an extract
Lead compounds Includes all wastes with a total Pb D406
concentration > 1 mg/L based on analysis of an extract
Mercury and mercury Includes all wastes with a total Hg D407
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 D408
411
E: Reactive Chemical Wastes
Oxidizing agents Includes all wastes that are known to contain oxidizing agents in E501
concentration
that cause the waste to exhibit any of the following properties:
•
It is normally unstable and readily undergoes violent
change without detonating
• It reacts violently with water
• It forms potentially explosive mixtures with water
• When mixed with water, it generates toxic gases, vapor or fumes
in a quantity sufficient to present a danger to human health
It is a cyanide (CN) or sulfide (S) bearing wastes, which when exposed

to pH conditions between 2 and 12.5 can generate toxic gases, vapors
and fumes in a quantity that poses a danger to human health
Reducing agents Includes all wastes that are known to E502
C. Illegal Fishing Activities and Dealing incontain
Illegally-Caught Fish or
reducing agents Fishery Products
in concentration that cause the waste to
exhibit any of the following properties:
1. Capture of breeders, spawners, eggs or • fry It is normally unstable and readily undergoes violent
change without detonating
• It reacts violently with water
• It forms potentially explosive mixtures with water
• When mixed with water, it generates toxic gases,
vapors, or fumes in a quantity sufficient to present a danger to
human health
It is a cyanide (CN) or sulfide (S) bearing wastes, which when
exposed to pH conditions between 2 and 12.5 can generate
toxic gases, vapors and fumes in a quantity that poses a danger
to human health
Explosive and unstable Includes all wastes that are 1) capable of detonation or E503
chemicals explosive reaction when subject to a strong initiating source or
when heated under confinement, or 2) capable of detonation or
explosive decomposition at a temperature of 20oC and
412
Pressure of 1 atm.
Highly reactive Includes all other wastes that exhibit any E599
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 F602
the sub- categories
Inorganic pigments Includes all wastewater treatment sludge F603
4. Fishing in overexploited or fishery from the production
management areasof inorganic pigments
Ink formulation Includes all solvent washings and sludge, F610
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 G703
solvents solvents:
Tetrachloroethylene, with documentary
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
6. Intrusion of licensed solvents Includes
unlicensed the ff. non-halogenated
commercial solvents:
fishers in municipal Xylene, acetone, ethyl
waters G704
acetate, ethyl
benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclo-
hexanol, methanol, cresol, cresylic acid, nitro- benzene, toluene,
7. Marketing and buying illegally-caught fishdisulfide,
Carbon & fisheryiso-
species
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 H802
from industrial or commercial grease trap waste
413
premises
I: Oil
Waste oils Includes all wastes from establishments I101
that generate, transport, or treat waste oil
J: Containers
Containers previously containing Waste containers that used to hold the toxic chemical substances J201
toxic chemical substances listed in Classes A, B, C, D, E, and L, sub- categories M504 and
M505, and the chemicals listed in the Priority Chemical List.
Containers that used to contain Polychlorinated biphenyl (PCB)
are categorized as L406 and excluded from this sub-category.
K: Stabilized Waste
Solidified wastes and Wastes whose hazardous substances are K301
polymerized wastes physically immobilized by consolidation to reduce the surface area
of the wastes in order to meet the waste acceptance criteria
Chemically fixed wastes Wastes whose hazardous substances are K302
C. Illegal Fishing Activities and Dealing inchemically
Illegally-Caught Fishthrough
immobilized or Fishery Products
chemical bonds to an immobile matrix
or chemical conversion to meet the waste acceptance criteria
Encapsulated wastesspawners, eggs or fry whose hazardous substances are
Wastes K303
physically immobilized by enveloping the waste in a non-porous,
impermeable material in order to store hazardous wastes until such time
that an accredited disposal facility is available
L: Organic Chemicals
Wastes with specific Non-liquid waste containing the following: L401
non-halogenated toxic organic - Tri-butyltin
2. Construction
chemicals and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
- 1,2-diphenylhydrazine
- Benzene
Ozone depleting Waste chlorofluorocarbons (CFCs) and L402
substances halons.
Recovered coolant containing
chlorofluorocarbons (CFCs) or halons. Refer to CCO.
Polychlorinated Wastes contaminated with PCBs and L406
Biphenyls (PCBs) waste products containing PCBs. Refer to
wastes CCO.
414
M: Miscellaneous Wastes
Pathological or Includes medical wastes from hospitals, M501
3. Failurewastes
infectious to Comply with Standards medical centers and clinics containing pathological, pathogenic
and infectious wastes, sharps, and others
Asbestos wastes Wastes containing friable asbestos. Waste blue and brown M502
asbestos fibers. Refer to CCO.
Pharmaceuticals and Expired pharmaceuticals and drugs M503
drugs
4. Fishing in overexploited or fishery stocked at producers
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. M504
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 M505
Pollutants (POPs) Convention (POPs Convention) such as aldrin, chlordane, dieldrin,
pesticides permits
endrin, or not complying
heptachlor, with documentary
hexachlorobenzene, mirex, requirements
toxaphene, and DDT.
Waste from electrical and electronic Waste from electrical and electronic equipment that contain hazardous M506
equipment (WEEE) components such as lead, cadmium, mercury, hexavalent chromium,
polybrominated biphenyls and polybrominated diphenyl ethers
Special Wastes Household hazardous wastes such as paints, M507
6. Intrusion of licensed and unlicensedthinners, household
commercial batteries,
fishers lead-acid
in municipal waters
batteries, spray canisters and the like that are consolidated by Material
Recovery Facilities (MRF).
7. Marketing and buying illegally-caught fishinclude

These & fishery species
wastes from residential and commercial sources that
comprise of bulky wastes, consumer electronics, white goods, yard
wastes that are collected separately, batteries, oil, and tires.
415
Table 2.2 Exempted Wastes
Description
Household waste such as garbage under RA 9003
Industrial and commercial wastewaters which are disposed of on-site
through the sewerage system
Industrial and commercial solid wastes which do not contain hazardous
wastesto
B. Failure asComply
identifiedwith
in Table 2.1Requirements
Report
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
416
Directory of Key Officials Regional & Provincial Law Enforcement Agencies
A. DENR REGIONAL & PROVINCIAL OFFICES
Cordillera Administrative Region (CAR)

Regional
4. Fishing Office/Position
in overexploited or fishery management Address
areas Contact Number/Email Address
Regional Executive Director, CAR 80 Diego Silang St., Baguio City (074) 442-45-31, 444-28-06
ored@mozcom.com
Regional Director for Environment EMB, Pacdal Nursery, Baguio (074) 446-6440
City; embcar_baguio0566@yahoo.com
Regional Director for Mines 80 Diego Silang St., Baguio City; (074) 442-6392
mgb-car@mozcom.com
Regional Technical Director for 80 Diego Silang St., Baguio City (074) 442-2353, 443-9322
5. Fishing
Forest without license
Management Service or necessary permits or not complying with documentaryarequirements
dlagon@hotmail.com
Regional Technical Director for 80 Diego Silang St., Baguio City (074) 443-9321
Land Management Service rtdlms@yahoo.com
Regional Technical Director for 80 Diego Silang St., Baguio City (074) 447-2541, 447-2632
Ecosystems Research and crdsdenr@yahoo.com
Development Service
Regional Technical
6. Intrusion Director
of licensed and 80 Diego
forunlicensed Silang St.,
commercial Baguio
fishers City
in municipal waters (074)444-2720
Protected Areas and Wildlife pawczmsdenrcar@hotmail.com
Management Service

Abra
PENRO, Abra Casamata Hills, Bangued, Abra (074) 752-8252 penro a b r a 1 9 8 7 @ y a h o o . c o m
CENRO, Bangued FMS NRD 1-13, Pacdal, Baguio (074) 662-0890
City
CENRO, Lagangilang Lagangilang, Abra 0916-1540660
Apayao
417
PENRO, Apayao Concurrent San Isidro, Luna, Apayao 0919-4636933
CENRO, Calanasan Sta. Felomina, Calanasan,
Apayao
CENRO, Conner Conner, Buluan, Apayao
CENRO, Luna Payanan, Luna, Apayao
Benguet
PENRO, Benguet Nursery Compound, Pacdal, (074) 442-7446
Baguio City
CENRO, Baguio City FMS, NRD-1-13, Pacdal, (074) 442-7316
B.C.
CENRO, Buguias Abatan, Buguias, Benguet (074) 442 - 8316
CENRO, La Trinidad Wangal, La Trinidad, Benguet (074) 442 - 2686
Ifugao
PENRO, Ifugao Bannit, Payawan, Lamut, Ifugao
CENRO, Alfonso Lista Alfonso Lista, Ifugao
CENRO, Lamut Bannit, Payawan, Lamut, Ifugao
Kalinga
PENRO, Kalinga Bulanao, Tabuk, Kalinga ( 074 ) 872 - 2179
CENRO, Pinukpuk Pinukpuk Junction, Kalinga (074) 872 - 2216
CENRO, Tabuk Magsaysay, Tabuk, Kalinga
Mountain Province
PENRO, Mountain Province Bontoc, Mountain Province (074) 606-8094
CENRO, Paracelis Paracelis, Mountain Province (074) 462-41-30
CENRO, Sabangan Sabangan, Mountain Province (074) 606 – 8094
Region 1 - Ilocos Region

Regional Office/Position Address Contact Number/Email Address
Regional Executive Director Government Center, Sevilla, City (072) 700-5952
of San Fernando, La Union Fax No. (072) 888-3833
418
Regional Director for Environment 2nd Floor, Lee Building, Lingsat, (072) 700 - 2448
San Fernando City, La Union Fax No. (072) 700-2449
3. FailureDirector
Regional to Comply with StandardsLee Bldg., (La Tondeña) Lingsat,
for Mines TeleFax: (072) 242 – 2777
San Fernando, La Union 0918-919-17-98
mgb1@sflu.com
Regional Technical Director for 2nd Floor, Doña Pepita Building, 044-2426201 | 0927-4189566
Forest Management Service Quezon Ave., San Fernando City,
4. Fishing in overexploited or fisheryLamanagement
Union areas
Regional Technical Director for 2nd Floor, ICVI Building, Quezon (072) 888-5844 | 0919-897-71-00
Land Management Service Ave., San Fernando City, La Union
Regional Technical Director for Boy Scout Bldg, Gov. Aguila Rd, 044-2425342 | 0927-2686626
Ecosystems Research and San Fernando City La Union
Development Service
Regional Technical Director 3rd Floor, ICVI Building, Quezon (072) 700-4421 | 0916-549-54-90
Protected Areas and Wildlife Ave., San Fernando City, La Union
5. Fishing without
Management Servicelicense or necessary permits or not complying with documentary requirements
Ilocos Norte
PENRO, Ilocos Norte PFDPIN Bldg., Laoag City, Ilocos (077) 771- 1475 / 770 - 3914 773 - 1465 / 770 - 3914 /
Norte 722-0254
CENRO, Bangui Bangui, Ilocos Norte (044)-622-0434
CENRO, Laoag
6. Intrusion City
of licensed Brgy.
and unlicensed Barit, Laoagfishers
commercial City in municipal waters 771-1476 / 770-3407
Ilocos Sur
PENRO, Ilocos Sur PleteBldg. Cor. Rizal Ave., (077) 722 -3587 | 722- 2022
LiberatoBlvd., Vigan,species
Ilocos Sur
CENRO, Tagudin Bitalag, Tagudin, Ilocos Sur (thru
Radio)
CENRO, Vigan City 81 Quirino Blvd., Vigan, Ilocos Sur 722-21-53 / 722-3587 |
La Union
PENRO, La Union Magdalena Peralta Bldg., Quezon (072) 242-10-38 | 242-3780
Ave., San Fernando City, La Union
CENRO, San Fernando City Magdalena Peralta Bldg., Quezon 888-27-93/242-7858
419
Ave., San Fernando City, La Union
Pangasinan
PENRO, Pangasinan DENR Compound, AB Fernandez (075) 515-40-02 / 522-7422
West, Dagupan City
CENRO, Alaminos City Alaminos, Pangasinan 522-70-20/551-6482
CENRO, Dagupan City Bonuan, Tondaligan, Dagupan 522-35-01/515-35-77
City
CENRO,
B. Failure toUrdaneta Brgy. Anonas, Urdaneta City,
City Report Requirements
Comply with 075-588-8122 | 075-5688822
Pangasinan
Region 2 - Cagayan Valley

Regional Executive Director Nursery Compound, Tuguegarao, (078) 304-8049
Cagayan r2@denr.gov.ph
Regional Director for Environment Nursery Compound, Tuguegarao, 844-43-21
C. Illegal Fishing Activities and Dealing Cagayan
Regional Director for Mines Nursery Compound, Tuguegarao, TeleFax: (078) 844-5561;
1. Capture of breeders, spawners, eggs Cagayan
or fry mines2@cag.pworld.net.ph
Regional Technical Director for Nursery Compound, Tuguegarao, 844-4344 | 0919-421-76-16
Forest Management Service Cagayan
Regional Technical Director for Tuguegarao City, Cagayan 844-4344
Land Management Service
Regional Technical Director for Tuguegarao City, Cagayan (078) 844-43-28/846-30-35 0919-404-42-33
Ecosystems Research
2. Construction and of Fish Corrals/Traps, Fish Pens and Fish Cages
and Operation
Development Service
Regional Technical Director for Nursery Cmpd.,Tuguegarao, 844-00-98
Protected Areas and Wildlife Cagayan
Management Service
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 (078) 846-75-03/846-71-77
3. Failure to Comply with Standards Fax No.746-7434
CENRO, Alcala Alcala, Cagayan 0916-522-91-25
CENRO, Aparri Aparri, Cagayan 888-2112
0918-7343805
SO-2007-50
4. Fishing
CENRO in overexploited
Sanchez Mira or fisherySanchez
management areas
Mira, Cagayan 0917-927-01-82
CENRO, Solana Solana, Cagayan 0920-451-49-21
CENRO, Tuguegarao Peñablanca, Cagayan 844-4933
Isabela
PENRO, Isabela Ilagan, Isabela (078) 652-22-03
Fax No. 622-3936
CENRO, Cabagan Garita, Cabagan, Isabela 078-6363089
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
Nueva Vizcaya
PENRO, Nueva Vizcaya Bayombong, Nueva Vizcaya (078) 321-20-84/321-4041
09206098318
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
Quirino
PENRO, Quirino Diffun, Quirino 078-6947084
421
09287341168
CENRO, Nagtipunan Nagtipunan, Quirino 862-6402
09163419003
Region 3 - Central Luzon

Regional Executive Director Amalgamated Bldg., Macarthur (045) 963-4636
Highway Baliti, San Fernando,
Pampanga
Regional Director for Environment Amalgamated Bldg., Macarthur (045) 963-4654
Highway Baliti, San Fernando,
Pampanga
Regional Director for Mines Cleofers Bldg., General Hizon St., (045) 961-3523, 961-2779
San Fernando, Pampanga mgbr3@pamp.pworld.net.ph
RTD for Forest Management Amalgamated Bldg., Macarthur (045) 963-4636
Service Highway Baliti, San Fernando,
C. Illegal Fishing Activities and Dealing Pampanga
RTD for Land Management Service Amalgamated Bldg., Macarthur (045) 963-4651
1. Capture of breeders, spawners, eggs Highway
or fry Baliti, San Fernando,
Pampanga
RTD for Ecosystems Research and Amalgamated Bldg., Macarthur (045) 963-6196
Development Service Highway Baliti, San Fernando,
Pampanga
RTD for Protected Areas and Amalgamated Bldg., Macarthur (045) 963-7630
Wildlife Management Service Highway Baliti, San Fernando,
Pampanga
Aurora
PENRO, Aurora Baler, Aurora (042) 209-9212
CENRO, Casiguran Casiguran, Aurora (042)540-29-33
CENRO, Dingalan Dingalan, Aurora (042)540-3311
CENRO, Baler Aurora Ma. Aurora, Aurora
Bataan
422
PENRO, Bataan Balanga Rural Bank Bldg., Paterno (047) 237-3550
St.,Balanga, Bataan
3. Failure
CENRO, to Comply with StandardsBagac, Bataan
Bagac 0916-432-3765
CENRO, Dinalupihan Pilar, Bataan (047) 237-66-39
Bulacan
PENRO, Bulacan McArthur Hi-way, Guinhawa, (044) 662-04-34
4. Fishing in overexploited or fisheryMalolos,
management
Bulacanareas
CENRO, GuiguintoTabang Tabang, Guiguinto, Bulacan (044) 794-0152
09205267118
CENRO, San Rafael San Rafael, Bulacan (044)766-59-82
Nueva Ecija
PENRO, Nueva Ecija DBP Bldg., Burgoz Avenue, (044) 463-1728
Cabanatuan City
CENRO, Cabanatuan City 2nd Flr. Liwag Bldg. Burgos (044) 464-3893
CENRO, Muñoz City CLSU, Muñoz, Nueva Ecija (044) 456-0712
CENRO, Talavera Poblacion Sur, Talavera, Nueva (044) 411-1496
Ecija
Pampanga
6. Intrusion
PENRO, Dolores.,San
of licensed and unlicensed
Pampanga commercialFernando
fishers in municipal waters (045) 455-0236
CENRO, San Fernando City Macarthur Highway, Angeles City (045) 961-1853
Tarlac
PENRO, Tarlac NIA Compound, Matatalaib, Tarlac (045) 982-8486
City
CENRO, Tarlac City Romulo Highway, Camiling, Tarlac (045)982-6377
CENRO, Camiling Tarlac City, Tarlac (045)934-1502
Zambales
PENRO, Zambales DENR, Iba, Zambales (047) 821-1294
CENRO, Cabangan Cabangan, Zambales 0917-427-2582
423
CENRO, Olongapo City Upper Kalaklan, Olongapo City (047) 224-2669
National Capital Region (NCR)

Regional Executive Director 1515 L&S Bldg., Roxas Blvd., 434-2240 to 69
Manila
Regional Director for Environment 5th flr. Hizon Bldg. Quezon 781-0481/781-04-97
Avenue
RTD forto
B. Failure Land Management
Comply Service
with Report 1515 L&S Bldg., Roxas Blvd.,
Requirements 522-47-68 to 69
Manila
RTD for Forest Management DENR - NCR Plant Nursery, North 435-88-78/435-88-75 to 80
Service Avenue, Quezon City
RTD for Ecosystems Research and 1515 L&S Bldg., Roxas Blvd., 435-88-78/435-88-75 to 80
Development Service Manila
RTD for Protected Areas and DENR - NCR Plant Nursery, North 435-25-09
Wildlife Management Service Avenue, Quezon City denrncr@hotmail.com
1. Capture of breeders, spawners, eggs or fry Region 4A - CALABARZON

Regional Executive Director DENRCRIS Business Center, (049)576-69-41 / 5027997
National Highway Brgy. Halang,
Calamba City, Laguna
Regional Director for Environment Brgy. Halang, Calamba City, Telefax 049-50275-00
Laguna
Regional Director for Mines Brgy. Halang, Calamba City, 049-50275-00
Laguna
RTD for Forest Management Brgy. Halang, Calamba City, 049-50275-00
Service Laguna
RTD for Land Management Service Brgy. Halang, Calamba City, 049-50275-00
Laguna
RTD for Ecosystems Research and Brgy. Halang, Calamba City, 049-50275-00
Development Service Laguna
RTD for Protected Areas and Brgy. Halang, Calamba City, 049-50275-00
424
Wildlife Management Service Laguna

Batangas
PENRO, Batangas Alangilan, Batangas City (043) 723-43-99
CENRO, Batangas City Batangas City 723-4084
CENRO, Calaca Calaca, Batangas (243)-223-7027

Cavite
PENRO, Cavite TreceMartirez City, Cavite (046) 419-24-74
CENRO, TreceMartires City TreceMartires, Cavite (046)419-11-01
Laguna
PENRO, Laguna Los Baños, Laguna (049) 249-54-75/248-51-10
CENRO, Los Baños Los Baños, Laguna (049) 249-54-75
Quezon
PENRO, Quezon Lucena City, Quezon (042) 373-5524/710-3133

CENRO, Calauag Calauag, Quezon (042) 301-70-84
CENRO, Catanauan Catanauan, Quezon
CENRO, Gumaca Gumaca, Quezon (042) 447-1492
CENRO, Pagbilao Pagbilao, Quezon (042)710-28-15
CENRO, Real Real, Quezon (042)331-11-76/(042)536-62-93

Rizal
PENRO, Rizal Pasig, Rizal 631-41-30/631-85-75
CENRO, Antipolo Ninoy Aquino Blvd., Barangay 1870; 630-68-17/6972116
Dela Paz, Antipolo City
Region 4B - MIMAROPA
Regional Executive Director 1514 L&S Bldg., Roxas Blvd., 405-0046/4050155
Manila
425
Regional Director for Environment 1515 L&S Bldg., Roxas Blvd., 521-20-64
Manila
Regional Director for Mines 1515 L&S Bldg., Roxas Blvd., 521-20-64
Metro Manila
RTD for Forest Management 515 L&S Bldg., Roxas Blvd., 405-00-47
Service Manila
RTD for Land Management Service 1515 L&S Bldg., Roxas Blvd., 405-00-46
Manila
RTD forto
B. Failure Ecosystems
Comply withResearch
Reportand 1515 L&S Bldg., Roxas Blvd.,
Requirements 405-00-45
Development Service Manila
RTD for Protected Areas and 1515 L&S Bldg., Roxas Blvd., 405-00-45
Wildlife & Coastal Zone Manila
Management Service
Marinduque
PENRO, Marinduque Boac, Marinduque (042) 332-1990 /(042)311-14-37
C. Illegal
CENRO, Fishing
Boac Activities and Dealing in Illegally-Caught Fish or Fishery Products
Occidental Mindoro spawners, eggs or fry
PENRO, Occidental Mindoro Mamburao, Occidental Mindoro (043) 711-5207
CENRO, Mamburao Mamburao, Occidental Mindoro (043)711-1694
CENRO, Sablayan Sablayan, Occidental Mindoro
CENRO, San Jose San Jose, Occidental Mindoro (043)491-16-83
Oriental Mindoro
PENRO, Oriental Mindoro Calapan, Oriental Mindoro (043) 288-3006 telefax / 288-3017
CENRO, Calapan Calapan, Oriental Mindoro (043) 288-1550
CENRO, Roxas Roxas, Oriental Mindoro
CENRO, Socorro Soccoro, Oriental Mindoro
Palawan
PENRO, Palawan Puerto Princesa City (048) 433-5638 / 433-5639
CENRO, Brooke`s Point Brooke`s Point, Palawan 0918-9403601
426
CENRO, Coron Coron, Palawan (048) 433-7359
CENRO, Narra Narra, Palawan
3. Failure
CENRO, to Comply
Puerto with StandardsCFI Compound, Puerto Princesa
Princesa (048)434-45-08
City
CENRO, Quezon Quezon, Palawan
CENRO, Roxas Roxas, Palawan (048)550-91-18
CENRO, Taytay Taytay, Palawan
Region 5 - Bicol Region
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
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
Albay
PENRO, Albay Lapu-Lapu St., Legazpi City (052) 480-7295
Fax No. 214-3917
CENRO, Legazpi City Lapu - Lapu St., Legazpi City (052)4807396
CENRO, Guinobatan BUCAF Compound, Guinobatan, (0919-2717726)

Albay
Camarines Norte
PENRO, Camarines Norte Dagondan, Daet, Camarines Norte (054) 721-18-28
427
CENRO, Daet Basud, Camarines Norte (054) 721-1696
0916-4414641
Camarines Sur
PENRO, Camarines Sur Panganiban Drive, Camarines Sur (054)8113727
Fax No. 4728252
CENRO, Iriga City San Nicolas, Iriga City (054) 456-09-01
CENRO, Naga City Panganiban Avenue, Naga City (054) 811-3729
B. Failure to Comply with Report Requirements 0919-3140295
CENRO, Sipocot Sipocot, Camarines Sur (054) 256-6134
0919-6217436
CENRO, Goa Goa, Camarines Sur (054) 453-13-83
Catanduanes
PENRO, Catanduanes San Isidro Village Fax No. (052) 811-1015
09186139802
CENRO, Virac Virac, Catanduanes Fax No. (052) 811-1015
0919-271-77-26
Masbate
PENRO, Masbate Masbate, Masbate (056) 333-339
0917-4289648
CENRO, Mobo Masbate Mobo, Masbate (056) 211-1992
0916-3333009
CENRO, San and
2. Construction Jacinto San Jacinto, Masbate
Operation of Fish Corrals/Traps, Fish Pens and Fish Cages (056) 533-61-04
0916-5074758
09165074758
Sorsogon
PENRO, Sorsogon Sorsogon, Sorsogon (056) 2111461
Fax No. 4215545
CENRO, Sorsogon City BalogoSorsogon City, Sorsogon (056) 211-79-61
0918-5580967
428
Region 6 - Western Visayas
3. FailureExecutive
Regional to Comply with StandardsPepita Aquino Avenue, Iloilo City
Director (033) 335-00-02/336-26-54
Regional Director for Environment Pepita Aquino Avenue, Iloilo City (033) 336-99-10
Regional Director for Mines 2nd J.M. Bldg., 11 Mabini St., Iloilo (033) 336-2556/ Fax No. 336-2815
City mgb6denr@skyinet.net
RTD for Forest Management Parola, Iloilo City (033) 335-0435 / 337-8582
Service
RTD for Land Management Service Masonic Temple, Plaza Libertad, (033) 337-6284 d e n r n c r @ h o t m a i l . c o m
Iloilo City
RTD for Ecosystems Research and Pepita Aquino Avenue, Iloilo City (033) 337-2460
Development Service
RTD for Protected Areas and Pepita Aquino Avenue, Iloilo City (033) 337-8900
Wildlife & Coastal Zone 0917-3533023/0918-921-59-05
Management Service
Aklan
PENRO, Aklan F. Quimpo St., Kalibo, Aklan (036) 268-4160/268-4102
CENRO, Kalibo Oyo Torong St., Kalibo, Aklan (036) 268-3849 / 268-4160
CENRO, Malay Boracay, Malay, Aklan (036) 268-4160/268-4102
Antique
PENRO, Antique Binirayan Hills, San Jose, Antique (036) 268-4160 | SO-2007-59
CENRO, Culasi Cadiao St., Culasi, Antique (036) 288-6000
288-8125
7. Marketing and buying illegally-caught fish & fishery species 288-8439
CENRO, San Jose Binirayan Hills, San Jose, Antique (036) 2683849
268-4160 | SO-2007-59
Capiz
PENRO, Capiz Primier de Mayo St., Roxas City (036) 621-0015/621-2685
09196215524
CENRO, Roxas City - SIGMA Primier de Mayo St., Roxas City (036) 647-0399
429
Guimaras
PENRO, Guimaras CapitolCompound, San Miguel, 0919-839-9774
Jordan, Guimaras
Iloilo City
PENRO, Iloilo City Parola, Iloilo City (033) 336-9542
338-0690
CENRO,
B. Failure toBarotac
ComplyNuevo Barangay Tabucon, Barotac
with Report Requirements (033) 361-2422 / 361-2778
Nuevo 0919-8519685
CENRO, Iloilo City Queen City Garden Mall, J. De (033) 337-4746 / 337-3292
Leon St. Iloilo City
CENRO, Sara CASTOR ST. , Sara, Iloilo (033) 392-0002
Negros Occidental
PENRO, Negros Occidental Bacolod City (034)26212/(034)20884
CENRO, Bacolod City Cascuela Bldg., Gatuslao St., (034) 709-5689 / 708-5637
1. Capture of breeders, spawners, eggs Bacolod
or fry City
CENRO, Cadiz City Lim Eng C. OngBldg, Gustilo St., (034)493-0088
Cadiz City 0918-9275940
OIC - CENRO, Kabankalan City ZaycoSubd., Kabankalan City, (034) 746-7722 / 471-2750
Negros Occ.
CENRO, Sipalay A. Alvarez St., Silay City 0919-4653486
Region 7 - Central Visayas
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
RTD for Forest Management GreenplainsSubd., Banilad, (032) 346-1002
Service Mandaue City 0917-3248569; r t d f m s d e n r 7 @ y a h o o . c o m
3. Failure
RTD to Comply
for Land with Service
Management StandardsGreenplainsSubd., Banilad, 346-2209
Mandaue City 09189221770
rtdlmsdenr7@yahoo.com
RTD for Ecosystems Research and GreenplainsSubd., Banilad, 346-2103 (032) 346-2209
Development Service Mandaue City 0917-3248040
RTD for Protected
4. Fishing Areas and or fisheryGreenplainsSubd.,
in overexploited management areas Banilad, (032) 346-2209
Wildlife & Coastal Zone Mandaue City 0917-3248040
Management Service rtdpawsdenr7@yahoo.com
Bohol
PENRO, Bohol New Capitol Heights, Tagbilaran (038) 411-2278
City
CENRO, Tagbilaran City New Capitol Heights, Tagbilaran (038) 4112357
City permits or not complying with documentary requirements
CENRO, Talibon Talibon, Bohol (038) 515-0086
Cebu
PENRO, Cebu 1/F GohaucoBldg, MC Briones St., 032-4166227 | SO-2007-796
Cebu City
CENRO, Argao
6. Intrusion Lamasan,
of licensed and unlicensed Argao,fishers
commercial Cebu in municipal waters (032) 367-7451 / 367-7193
CENRO, Carmen Carmen, Cebu 429-9341/429-9392
CENRO, Cebu City V. Sotto St., Cebu City 6000 (032) 416-6926
416-6212
7. Marketing
CENRO, and
Toledo buying illegally-caught
City fish
Toledo & fishery species
City 467-9186
Negros Oriental
PENRO, Negors Oriental Larena Drive, Dumaguete City 035) 225-3769
CENRO, Ayungon Tiguib, Ayungon, Negros Oriental
CENRO, Dumaguete City Capitol Site, Dumaguete City (035) 225-0660
Siquijor
431
PENRO, Siquijor Port Area, Larena, Siquijor 366-2029
Region 8 - Eastern Visayas

Regional Executive Director Sto. Niño Ext.Tacloban City (053) 325
Fax No. 321-3386
Rregional Director for Environment Sto. Niño Ext.Tacloban City (053) 325-72-68
Regional Director for Mines Nipa Hut, Jones Extension, (053) 321-46-96
Tacloban City
B. Failure to Comply with Report Requirements 321-46-95
RTD for Forest Management Sto. Niño Ext.Tacloban City (053) 321-9071
Service 321-3384
RTD for Lands Sto. Niño Ext.Tacloban City (053) 321-1090
325-6519
RTD for Ecosystems Research and Sto. Niño Ext.Tacloban City (053) 321-1463
Development Service 325-6340
RTD for Protected Areas and Sto. Niño Ext.Tacloban City (053) 325-7268
Wildlife & Coastal Zone
Management Service
BILIRAN
PENRO, Biliran Naval, Biliran Province (053) 500-96-15
EASTERN SAMAR
PENRO Eastern Samar Borongan, Eastern Samar (055) 261-21-59
CENRO Borongan
2. Construction Borongan, Eastern
and Operation of Fish Corrals/Traps, Fish Samar
Pens and Fish Cages (055) 261-20-73
CENRO-Dolores Dolores, Eastern Samar thru radio
SSB
LEYTE
PENRO Leyte Nipa Hut, Jones Street, Tacloban (053) 325-7485
City
CENRO Albuera (053) 562 92-86/562-92-86
CENRO Baybay Baybay, Leyte
432
NORTHERN SAMAR
3. Failure
PENRO to Comply
Northern with StandardsUEP Compound, Catarman, N.
Samar (055) 196-30-57
Samar
CENRO, Catarman Catarman, Northern Samar, thru
radio SSB
CENRO, Pambujan Pambujan, Northern Samar thru
4. Fishing in overexploited or fisheryradio SSB
management areas
SOUTHERN LEYTE
PENRO Southern Leyte (055) 381-21-25
CENRO, Maasin City, Southern Mobo, Masbate (056) 211-1992
Leyte 0916-3333009
CENRO, San Juan San Juan, Southern Leyte, thru
radio SSB
WESTERN SAMAR
PENRO Western Samar Catbalogan, Samar (053) 356-1424
0919629-6534
CENRO, Sta Rita Brgy. San Juan, Sta Rita, Samar (055) 276-11-51
CENRO, Catbalogan Samar Catbalogan, Samar (055) 356-13-41
Region 9 – Western Mindanao
Regional Executive Director Pasonanca Park, Zamboanga City (062) 992-17-38
Fax No. 991-14-24
Regional Director for Environment Gov. Camins, Zamboanga City (062) 992-6548
992-6547
Regional Technical Director for Lantawan, Pasonanca Park, (062) 991-9012
Forestry Zamboanga City Fax No. 991-9012
Regional Director for Mines MGSB, Veterans Avenue, (062) 992-2194
Zamboanga City 992-2086
433
RTD for Land Management Service Gen. Vicente Alvares, St., (062) 991-2149
Zamboanga City
RTD for Ecosystems Research and Lantawan, Pasonanca Park, (062) 991-1076
Development Service Zamboanga City 991-2149
RTD for Protected Areas and Lantawan, Pasonanca Park, (062) 985 -0445
Wildlife & Coastal Zone Zamboanga City
Management Service
ZAMBOANGA
B. Failure CITY
to Comply with Report Requirements
PENRO Zamboanga City
CENRO, Zamboanga City - West Lantawan, Pasonanca, 0920-526-9432
Zamboanga City
CENRO, Zamboanga City - East Sangali, Zamboanga City (062) 991-9672
ZAMBOANGA DEL NORTE

PENRO Zamboanga del Norte Sta. Isabel, Dipolog City, (062) 212-3200
C. Illegal Fishing Activities and Dealing Zamboanga
del Norte 212-5505
CENRO, Dapitan City Talisay, Dapitan City, Zamboanga (065) 213-6875
1. Capture of breeders, spawners, eggs del
or fry
Norte Fax No. 212-5505
CENRO, Liloy Liloy, Zamboanga del Norte
CENRO, Dipolog City Sta. Isabel, Dipolog City, (065) 212-2767
Zamboanga del Norte Fax No. 212-5505
CENRO, Siocon Siocon, Zamboanga del Norte
ZAMBOANGA
2. Construction DEL
and SUR
PENRO Zamboanga Del Sur Pajares Avenue, Pagadian City (062)214-1455
Fax No. 215-3019
CENRO, Guipos Guipos, Zamboanga del Sur (062) 215-3019
CENRO, Pagadian City Pajares ave., Pagadian City (062) 214-2483
ZAMBOANGA - SIBUGAY
PENRO, Sibugay Ipil, Zamboanga - Sibugay (062) 333-5479
CENRO, Buug Buug, Zamboanga - Sibugay
434
CENRO, Ipil Ipil, Zamboanga - Sibugay (062) 333-5479
3. Failure to Comply with Standards Region 10 – Northern Mindanao

Regional Executive Director DENR, R-10, Macabalan, CDO (088) 726280
Fax No. 72-62-80
Regional Director for Environment DENR, R-10, Macabalan, CDO (088) 72-62-43
4. Fishing
Regional in overexploited
Director for Mines or fisheryGreenplains
management areas
Subdivision, Banilad, 088-72-7874
Mandaue City
RTD for Forest Management DENR, R-10, Macabalan, CDO (088) 856-9140
Service
RTD for Land Management Service DENR, R-10, Macabalan, CDO (088) 865-9050
RTD for Ecosystems Research and DENR, R-10, Macabalan, CDO (088) 856-9152
Development Service
RTD for Protected Areas and DENR, R-10, Macabalan, CDO (088) 856-8780
Management Service
Bukidnon
PENRO, Bukidnon DENR-X-B300 Malaybalay, (088) 221-31-01
Bukidnon
CENRO, Donof
6. Intrusion Carlos Doncommercial
licensed and unlicensed Carlos, Bukidnon
CENRO, Malaybalay Malaybalay Bukidnon (088) 813-3306
CENRO, Manolo Fortich Manolo Fortich, Bukidnon
CENRO, Talakag Talakag, Bukidnon
CENRO, Pangantucan Pangantucan, Bukidnon
CAMIGUIN
PENRO, Camiguin DENR-XB400 Mambajao, (088) 387-0040
Camiguin
PENRO, Lanao Del Norte DENR-X Tubod, Lanao del Norte (063) 341-5201
CENRO Iligan City Rosary Heights, Iligan City (063) 221-28-23
435
MISAMIS OCCIDENTAL
PENRO, Misamis Occidental DENR-X-B200, Oroquieta City (088) 531-11-86
CENRO-Oroquieta DENR, Oroquieta City (088) 531-2003
CENRO-Ozamis DENR, Ozamis City (088) 521-1252
MISAMIS ORIENTAL
PENRO, Misamiz Oriental DENR-X-500 Malasag Heights, (088) 856-3895
CDO City 855-2318
B. Failure
CENRO, toInitao
Comply with Report Requirements
Malasag Heights, Cagayan De Oro (088) 855-2347
City 09195109173
CENRO, Gingoog City Gingoog City (088) 842-7421
09185342664
Region XI – Southern Mindanao

Regional Executive Director Km. 7, Lanang, Davao City Fax No. (082) 234-08-11
09179437283
Regional Director for Environment Felbets Bldg., Km. 7, Lanang, (082) 300-5139
1. Capture of breeders, spawners, eggs Davao
or fry City
Regional Director for Mines 669 Consuela Bldg., A. (082) 221-65-35
Quezon,Davao City
RTD for Forest Management Km. 7, Lanang, Davao City (082) 234-7788
Service Fax No. 234-6606
RTD for Land and

2. Construction Management
OperationService Felbets Bldg., Km.
of Fish Corrals/Traps, Fish7,Pens
Lanang,
and Fish Cages (082) 221-7064
Davao City 225-3679
RTD for Ecosystems Research and Km. 7, Lanang, Davao City (082) 234-1867
Development Service
RTD for Protected Areas and Km. 7, Lanang, Davao City (082) 234-4401
Management Service
DAVAO DEL NORTE

PENRO, Davao Del Norte Tagum, Davao Del Norte (084) 217-3635
436
CENRO, Panabo Panabo, Davao del Norte (084) 628-4513
CENRO, Tagum City Tagum City, Davao del Norte (084) 400-10-20
DAVAO DEL SUR
PENRO, Davao Del Sur Digos, Davao del Sur (082) 553-2009
CENRO, Davao City (West) Bangkal, Davao City (082) 297-2080
CENRO, Davao City (East) Chavez, Davao City (082) 227-8143
4. Fishing
CENRO, in overexploited or fisheryDigos,
Digos management
Davao delareas
Sur (082) 553-3701
CENRO, Malalag Malalag, Davao del Sur (082) 297-01-06
CENRO, Don Marcelino Don Marcelino, Davao del Sur
DAVAO ORIENTAL
PENRO, Davao Oriental Mati, Davao Oriental (087) 388-3275
CENRO Baganga CENRO XI-2B Baganga, Davao
Oriental
CENRO, Lupon CENRO XI-2D Lupon, Davao (087) 808-01-32
Oriental
CENRO, Mati CENRO XI-2A Mati, Davao (087) 388 - 3569
Oriental
CENRO, Manay CENRO XI-2C Manay, Davao
Oriental
COMPOSTELA VALLEY
PENRO, Compostela Valley Nabunturan, Comval Province (084) 3761181
CENRO, Maco,fish
Macoand buying illegally-caught
7. Marketing Compostela
& fisheryValley
species (084) 370-2181
CENRO, Monkayo Maco, Compostela Valley
CENRO, Nabunturan Nabunturan, Compostela Valley
Region XII - Koronadal South Cotabato

Regional Executive Director 2flr. Arcada de Infante Bldg., Gen. (083)228-62-25
Santos Fax No. 228-62-26
Drive, Koronadal, South Cotabato
Regional Director for Environment 4th Flr. Siyambio Bldg., Roxas (083) 228-48-47
437
Street
Koronadal, South Cotabato
Regional Technical Director for L2flr. Arcada de Infante Bldg.,
Forestry Gen. Santos
Regional Director for Mines Luche Building, Gen. Santos Drive (083) 228-61-30
Koronadal, South Cotabato
RTD for Land Management Service Gen. Vicente Alvares, St., (062) 991-2149
Zamboanga City
RTD for Ecosystems Research and 2flr. Arcada de Infante Bldg., Gen. RTD for Protected Areas and Wildlife & Coastal Zone
Development Service Santos Management Service
NORTH COTABATO
PENRO, Kidapawan Quirino Drive, Kidapawan City (064) 201-3232
CENRO, Kidapawan Quirino Drive, Kidapawan City (064) 288-13-67
C. Illegal
CENRO, Fishing Activities and Dealing Remoquillo
Midsyap in Illegally-Caught Fish or
Bldg., Burgos Fishery Products
Street (064) 229-86-58
Midsayap, Cotabato
SARANGGANI
PENRO, Saranggani Alabel, Sarangani Province (083) 508-20-09
CENRO, Glan Glan, Sarangani Province (082) 227-5891
CENRO, Kiamba Kiamba, Sarangani Province
SOUTH COTABATO
PENRO, South Cotabato Aurora St., Koronadal, South (083) 228-35-02
Cotobato
CENRO, General Santos City Buayan, General Santos (083) 555-07-93
CENRO, Surallah (Banga) Surallah, South Cotabato (083) 238-37-37
SULTAN KUDARAT
PENRO, Sultan Kudarat Isulan, Sultan Kudarat (064) 288-14-12
CENRO, Kalamansig Kalamansig, Sultan Kudarat
438
CENRO, Tacurong City Bo. 2, Tacurong City, Sultan (064) 200-45-94
Kudarat
COTABATO CITY
CENRO, Cotabato City Krislamville, Cotabato City (064) 421-75-79
Region XIII - Caraga Region

Regional or fishery management
Office/Position areas
Address Contact Number/Email Address
Regional Executive Director DENR Reg. XIII, Ambago, Butuan (085) 341-1996
City
Regional Director for Environment DENR Reg. XIII, Ambago, Butuan
City
Regional Director for Mines DENR Reg. XIII, Ambago, Butuan
City
RTD for Forest Management DENR Reg. XIII, Ambago, Butuan (085) 342-7856
Service City permits or not complying with documentary requirements
RTD for Land Management Service DENR Reg. XIII, Ambago, Butuan Telefax (085) 342-7103 telefax
City
RTD for Ecosystems Research and DENR Reg. XIII, Ambago, Butuan Telefax (085) 341-8583
Development Service City
RTD for Protected
6. Intrusion Areas and
of licensed DENR
and unlicensed Reg. XIII, Ambago,
commercial fishers inButuan
municipal waters (085) 341-5641
Wildlife & Coastal Zone City
Management Service
7. Marketing
AGUSAN DELand buying illegally-caught fish & fishery species
NORTE
PENRO, Agusan Del Norte J&M Bldg., F.Durano St., Butuan (085) 226-4367
City
CENRO, Butuan City / Naspit Bading, Butuan City (085) 342-5354
CENRO, Cabadbaran Cabadbaran, Agusan Del Norte (085) 343-1728
AGUSAN DEL SUR

PENRO, Agusan Del Sur Patin-ay, Prosperidad, Agusan del (085) 343-7250
Norte
439
CENRO, Bayugan Bayugan, Agusan Del Sur (085) 231-2610
CENRO, Bunawan Bunawan, Agusan Del Sur (085) 839-22-22
CENRO, Loreto Loreto, Agusan Del Sur 0918-720-1238
CENRO, San Francisco San Francisco, Agusan Del Sur (085) 839-11-96
CENRO, Talacogon Talacogon, Agusan Del Sur 0919-811-1670
DINAGAT ISLAND
PENRO, Dinagat Island
SURIGAO DEL NORTE
PENRO, Surigao Del Norte DENR, Brgy. San Juan, Surigao (086) 231-76-32
City
CENRO, Dapa Dapa, Surigao Del Norte 0920-803-8314
CENRO, Surigao City San Juan, Surigao City, Surigao (086) 826-1308
Del Norte
SURIGAO DEL SUR
PENRO, Surigao Del Sur Tandag, Surigao del sur (086) 211-30-35
CENRO, Cantilan Cantilan, Surigao del Sur (086) 853-30-88
CENRO, Bislig Bislig, Surigao del Sur 0919-640-3702
CENRO, Lianga Lianga, Surigao del Sur
CENRO, Tandag Tandag, Surigao del Sur 0919-309-0094
B. Bureau of Fisheries and Aquatic Resources Regional Offices

Regional Fisheries Office No. I Union Galva Steel Compound (72) 700-4365
Poro, San Fernando City, La Union http://region1.bfar.da.gov.ph
Regional Fisheries Office No. II Government Center, Carig (78)844-5331
3500 Tuguegarao City, Cagayan http://region2.bfar.da.gov.ph
Regional Fisheries Office No. III Diosdado Macapagal Regional (045)455-0824
Government Center, http://region3.bfar.da.gov.ph
Brgy. Maimpis 2000 City of San Fernando,
440
Pampanga
Regional Fisheries Office No. IV-A 2/F Infrastructure Computer Center (2)926-8714
(CALABARZON) (ICC) Bldg., NIA Complex, EDSA http://region4a.bfar.da.gov.ph
1104 Diliman, Quezon City
Regional Fisheries Office No. IV-B 2nd and 3rd Flr. Concepcion Bldg. II (043) 288-1392
(MIMAROPA) J.P. Rizal St. San Vicente, Calapan City, http://region4b.bfar.da.gov.ph
Oriental Mindoro
Regional Fisheries
4. Fishing Office No. or
in overexploited San Agustin,
V fishery management Pili
areas (54) 477-7365
4418 Camarines Sur http://region5.bfar.da.gov.ph
Regional Fisheries Office VI M.H. del Pilar St., Molo (33)337-0265
5000 Iloilo City http://region6.bfar.da.gov.ph
Regional Fisheries Office No. VII Arellano Boulevard, Pier Area (32)256-2772
6000 Cebu City Fax No.(32)256-2773
http://region7.bfar.da.gov.ph
Regional Fisheries Office No. VIII CRM Center (53) 321-1732
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
6. Intrusion of licensed and unlicensed commercial de Oro
fishers City
in municipal waters http://region10.bfar.da.gov.ph
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
9500&General
fishery Santos
speciesCity 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 DAF-ARMM ORG Complex, Cotabato City (64)421-1248
(ARMM) 9600 Cotabato City http://bfar.armm.gov.ph
Cordillera Administrative Region (CAR) BPI Compound, Easter Road (74)443-6716

Guisad, 2600 Baguio City http://car.bfar.da.gov.ph
441
C. Philippine Coastguard

Coast Guard District North Eastern Brgy. 9, Minanga, Aparri, Cagayan (078) 888-0320
Luzon (CGDNELZN) cgdnortheasternluzon@ymail.com
Coast Guard District Northern Poro Point, San Fernando City, La Union (072) 700-4474
Western Luzon (CGDNWLZN) cgdnorthernluzon@yahoo.com
Coast Guard District National Capital Muelle Dela Industria, Farola Compound (02) 243-0465
B. Failure
Region to Comply
- Central with (CGDNCR-
Luzon Report Requirements
Binondo, Manila cgdncrcl@yahoo.com
CL)
Coast Guard District Eastern Visayas Ebony St., Port Area, Ormoc City (053) 416-6208
(CGDEV) cgsormoc@yahoo.com
Coast Guard District Western Visayas Bo. Obrero, Iloilo City (033) 337-6029
(CGDWV) cgdwv_iloilo@yahoo.com
Coast Guard District Southern Sta. Clara, Batangas City (043) 300-2949
Tagalog (CGDSTL) hcgdstl_opn@yahoo.com
Coast Guard District Central Visayas Arellano Boulevard,Cebu City (032) 416-6208
(CGDCV) viscom_opns@yahoo.com
Coast Guard spawners, eggs orCorrales
District Northern fry Extn Macabalan, Cagayan De 0916-6544236
Mindanao (CGDNM) Oro
Coast Guard District South Eastern KM -10 Sasa Wharf, Davao City (082) 235-0002
Mindanao (CGDSEM) cgdsem_8@yahoo.com.ph
Coast Guard District South Western Port Area, Zamboanga City (032) 993-1004
Mindanao (CGDSWM hcgdswm@yahoo.com
Coast Guard District
2. Construction BicoL (CGDBCL)
and Operation Naval Base Rawis,
of Fish Corrals/Traps, Legaspi
Fish Pens and City
Fish Cages (052) 820-6346
cgdbicol@yahoo.com
Coast Guard District Palawan Barangay Liwanag, Port Area Puerto (043) 433-2974
(CGDPAL) Princesa City, Palawan cgdpal@yahoo.com.ph
442
D. Philippine National Police
Regional with Standards
Office/Position Address Contact Number/Email Address
ARMM 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
Headquartersareas 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
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
6. Intrusion of licensed and unlicensed commercial City in municipal waters patriot3ropd6@yahoo.com
REGION VII Camp Cabahug, Gorordo Ave, Cebu City 231-5802
pro7@pnp.gov.com /
pro7_ropd@yahoo.com
7. Marketing
REGION VIII and buying illegally-caught fish & fishery
Larazabal, species
Naval, Biliran (53) 500-9399
REGION IX Camp Hamac, Brgy Sicayab, Dipolog City (65) 212-2155

REGION X Camp Onahon, Brgy 7 Malaybalay City (88) 813-4263
REGION XI Poblcaion Nabunturan, Compostela Valley (84) 376-0566
REGION XII PC Hills, Cotabato City (64) 221-4999
REGION XIII Camp Rodríguez, Libertad, Butuan City (85) 815-6027
443
E. Philippine Navy

Navy Personnel Management Center Procurement and Attrition Branch 774-7084
(NPMC) Bonifacio Naval Station procurement_attrition_br@yahoo.com
Fort Bonifacio, Taguig City
Marines Recruitment Center Marine Barracks Fort Bonifacio, 522-7111
Bonifacio Naval Station, Taguig City Pmc_recruiting@yahoo.com
B. Naval
Failure to Comply
Public with Report Requirements
Affairs Office Headquarters Philippine Navy, Fax No. 524-57-85
Naval Station Jose Andrada, navy_speak@yahoo.com
#2335 Roxas Boulevard, Manila
Naval Station Jose Francisco (formerly Bonifacio Naval Station) 815-34-20/843-44-16
Fort Bonifacio, Taguig City
headquarters Philippine Navy Naval Station Jose V Andrada 524-20-61 to 69
#2335 Roxas Boulevard, Manila
Naval Reserve CENTER Southern Naval Station Legaspi 09194312145
Luzon Rawis, Legaspi City Nfsl_pao@yahoo.com
Naval Forces Northern Luzon Naval Detachment Bonuan 09052538493
Bonuan Gueset, Dagupan City
Naval Reserve CENTER Western John B Lacson Foundation Maritime 09196125102
Visayas University
Arevalo, Iloilo City
Naval Reserve Center Eastern Arevalo Boulevard 09064444359
Visayas Tinagu, Cebu City
Naval Reserveand
2. Construction Center Camp Tiniguiban
West of Fish Corrals/Traps,
Operation Fish Pens and Fish Cages 09178816729
Puerto Princesa City
Naval Reserve Center Western Naval Station Zamboanga 09208564947
Mindanao Bagong Calarian, Zamboanga City
Naval Reserve Center Eastern Naval Forces Eastern Mindanao 09082661966
Mindanao Panacan, Davao City
444
Index
3. Failure
Benthic marineto Comply
life with Standards
Collection of endangered and protected benthic marine life, 32, 213, 272
Breeders
Capture of, 24, 60, 259
Chemicals (prohibited)
Transport,
4. Fishing dumping or
in overexploited ordischarge of prohibited chemicals,
fishery management areas 30, 171, 284
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
Usewithout license
of cyanide or necessary
in fishing, permits
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
Dolphins
Capturing and/or injuring endangered and protected marine species, including dolphins, 32, 221, 224
Dugongs
Capturing
7. Marketing and/or injuring
and buying endangered
illegally-caught and
fish protected
& fishery marine species including dugongs, 44, 221, 273
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
Eggs (of fish)
Capture of, 24, 60, 61, 259, 280
Fine mesh net
Use of fine mesh nets in fishing, 26, 89, 91, 264, 278
Fish
Buying illegally-caught fish, 25, 83, 263
Marketing of illegally-caught fish, 25, 32, 83, 263
Fishing
Fishing without license or necessary permits or not complying with documentary requirements, 25, 77, 262
B. Failure toFishing
Comply with Report Requirements
in overexploited or fishery management areas, 25, 73, 261
Fish cages
Construction and operation of fish cages, 24, 65, 260, 281
Fish corrals
Construction and operation of fish corrals, 24, 65, 260, 281
Fish pens
Construction and operation of fish pens, 24, 65, 260, 281
C. Fish traps
Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Construction and operation of fish traps, 24, 65, 260, 281
Fishery species
Buying illegally-caught fishery species, 25, 83, 263
Marketing of illegally-caught fishery species, 25, 83, 263
Fishery Management Areas
Fishing in ….fishery management areas, 25, 73, 91, 261, 278
Fishing standards
Failure to comply with minimum government standards in fishing, 25, 70, 260, 280
2. Foreshore
ConstructionAreas
Obstruction to foreshore areas, 23, 33, 257
Construction of seawalls, jetties, reclamation areas, housing, ports, harbors or any structure in foreshore areas without DENR
approval, 23, 41, 258
Fry
Capture of, 24, 60, 61, 259, 280
Giant clams
Collection of endangered and protected giant clams, 32, 213, 272
Inspection
Obstruction to regulatory inspections, 29, 155, 456
446
Kaingin, 29, 162, 290
Mangroves
Illegal withtoStandards
conversion fishponds and for other purposes, 23, 26, 41, 96, 279
Illegal cutting for any purpose, 23, 26, 41, 96, 279
Manta Rays
Capturing and/or injuring endangered and protected marine species, including manta rays, 25, 32, 84, 221, 222, 273, 279
Mine tailings
4. FishingIllegal discharge of mine
in overexploited tailings,management
or fishery 31, 193, 271 areas
Mining
Offshore mining, 27, 123, 266
Onshore mining, 28, 130, 266
Upland mining, 27, 111, 265
Municipal waters
Intrusion of licensed and unlicensed commercial fishers in municipal waters, 25, 82, 262
Overexploited
5. FishingFishing in overexploited
without areas, 25,permits
license or necessary 73, 261 or not complying with documentary requirements
Pollution
Failure to clean up pollution, 31, 190, 285
Pollutants
Transport, dumping or discharge of pollutants, 30, 164, 174, 179
Pollution Adjudication Board
Disregard of Pollution Adjudication Board orders, 29, 30, 31, 157, 181, 192, 203, 204, 270, 284, 285
6. Intrusion
Protected Areas of licensed and unlicensed commercial fishers in municipal waters
Violations in coastal and marine protected areas, 29, 30, 31, 157, 181, 192, 271, 286
Quarrying, 27, 28, 31, 111, 139, 265, 267
Report requirements
Failure to comply with report requirements, 24, 58, 258
Sea turtles
Capturing and/or injuring endangered and protected marine species, including sea turtles, 32, 221, 271, 273
Substances (prohibited)
Transport, dumping or discharge of (prohibited) substances, 30, 171, 284
Spawners
Capture of, 24, 60, 259, 280
Trading
Trading wildlife in coastal and marine areas, 25, 86, 283
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
Trading wildlife in coastal and marine areas, 25, 86, 283
448
Endnotes
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.
5. RA 7942, Section 2.
7. Id., Section 3.
9 .Environmental Management Bureau, What You Should Know About the Clean Water Act, http://emb.gov.ph/eeid/cwa-english.htm.
10.
6. RA 8550, Section
Intrusion 2.
of licensed and unlicensed commercial fishers in municipal waters
11. Id., Section 3.
12.
7. PD 705 as amended.
13. RA 7076, Section 2.
14. RA 6969, Section 2.
15. PD 1067, Article 2 (c).
16. RA 9147, Section 2 (a) & (b).
449
17. Id., Section 3.
18. Id., Section 4.
19. Lifted from the “Primer on Criminal Procedure for Environmental Cases,” a publication of Tanggol Kalikasan, written by Attys. Ma. Ronely D.
Bisquera-Sheen and Marina Rabe-Manuel and technically reviewed by Atty. Asis G. Perez, Director, Bureau of Fisheries and Aquatic
Resources.
B.20. Ibid 1,to

Failure Part IV, Rule
Comply 9, Sections
with Report 1 & 2.
Requirements
21. Rule of Procedure for Environmental Cases, Part IV, Rule 9, Section 1.
22. Black’s Law Dictionary enumerates the persons included in the term peace officer. It includes sheriffs and their deputies, constables,
marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace. In general, any
person who has been given general authority to make arrests.
23. Rules of Procedure for Environmental Cases, Part IV, Rule 9, Section 2.
24. Rules of Procedure for Environmental Cases, Part V, Rule 21, Section 1.
25. Ibid, Part II, Rule 2, Section 10.
26. Ibid., Part IV, Rule 9, Section 3.
27. Ibid., Rule 11, Section 1(b).
2. 28. Ibid., Rule 12,

Construction andSection 1.
29. Ibid., Rule 12 Section 2.
30. Ibid., Rule 14, Section 1.
31. For purposes of comparison, below are conditions of bail under the Rules of Criminal Procedure, Rule 114, and Section 2. This contains the
rule on trial in absentia.
450
All kinds of bail are subject to the following conditions:
(a)
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
4. Fishing in overexploited or fishery
of his right management
to be present thereat. Inareas
such case, the trial may proceed in absentia; and
(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.
34. Black’s Law Dictionary, West Publishing, St. Paul, Minn, 1979.
35. Rules of Procedure for Environmental Cases, Rule 16, Section 1.

40.7.Ibid., Rule 1, and

Marketing Section 3(g). illegally-caught fish & fishery species
buying
41. Ibid., Part V, Rule 21, Section 1.
42. Rules of Criminal Procedure, Rule 115, Section 1.
43. Constitution of the Republic of the Philippines, Article III, Section 1.
44. Constitution of the Republic of the Philippines, Article III, Section. 2.
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. –

(a)Report Requirements
Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b)
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
suchDealing
report isinsigned,
Illegally-Caught Fish iforthe
or thumbmarked Fishery
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
1. Capture of breeders, spawners, eggs or officer
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
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, fiancé
or fiancée, 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
Failure is Comply
suspected to have
with committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Standards
47. Constitution of the Republic of the Philippines, Art. III, Section 12.
48. Ibid., Section 13

49. Ibid., Section 14.
53.5.Ibid.,
Fishing without
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
recognize of licensed
this power grantedand unlicensed
to persons havingcommercial fishers
police authority underin municipal
Section waters
2203 of the (Customs) Code, who in order to discharge their
official duties more effectively-
‘xxx 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
dwelling house.’ (Section illegally-caught fish & fishery species
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.
B.59. Papa to
Failure v. Mago,
Comply22 with
SCRAReport
857, pp. 871-872.
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.).
C.63. Rules of Criminal Procedure, Rule 126, Section 1.

Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
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
2. on
Construction andwho
search warrants Operation of therein
shall enter Fish Corrals/Traps, Fish Pens
the date of the return, and Fish
the result, Cages
and other actions of the judge. A violation of this section shall
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.
454
69. Id.
70. Id. Section 3.
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 or fishery
from 6 months and 1management areas
day to 6 years).
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.


79.7.Id.
81. Ibid., Rule 112, Section 2 in relation to AM # 05-8-26-SC.
82 . Rules of Criminal Procedure, Rule 112, Section 3 in relation to last paragraph of Rue 112, Section 2.
83. Rules of Criminal Procedure, Rule 112, Section 3 .
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:
• That the tape, wire, or Dictaphone device is capable of taking testimony;

• That the person operating the device is competent to operate it;
• That the recording is authentic and correct;
• That the recording has been duly preserved;
B. Failure to
• Comply with Report
That the testimony wasRequirements
voluntarily made; and
• That the speaker has been correctly identified.
456
457
NOTES
458

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Manual On Environmental Law Enforcement in Coastal and Marin PDF

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Layout and cover design: Walter Lingon

RAMON J.P. PAJE

Mabuhay po tayong lahat!

List of Laws, Rules and Regulations in the Manual vii

Chapter 2. Government Agency Mandates, Functions & Roles 4

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 4

A. Access to Foreshore Areas 23

A. Access to Foreshore Areas 33

Chapter 5. Procedural Rules 233

A. Rules of Criminal Procedure for Environmental Cases 233

Chapter 6. Cases 257

A. Access to Foreshore Areas 257

Annex 2. Templates of Forms Used in Environmental Law Enforcement 293

Basic Forms 293

Annex 4. Projects Covered by the Environmental Impact Statement System 354

Annex 5. Criminal Procedure Flowcharts 356

1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST 356

Annex 6. Wildlife Law Enforcement Manual Flowcharts 360

1. Investigation Procedure 360

Annex 9. List of Hazardous Wastes in DENR Administrative Order 04-36 409

A. DENR Regional & Provincial Offices 416

1. Capture ofIn breeders,

Atty. Marina Rabe-Manuel

Atty. Rolando R. Recto

Atty. Maria Carmela B. Salazar

From the DA:

From the DOTC:

From the DND:

Partner PO/NGO Representatives

Academic Institution Representatives

DENR Administrative Orders

Joint Administrative Orders

Supreme Court Administrative Matters

C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products

1. Capture of breeders, spawners, eggs or fry

6. Intrusion of licensed and unlicensed commercial fishers in municipal waters

7. Marketing and buying illegally-caught fish & fishery species

1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)

2. FOREST MANAGEMENT BUREAU (FMB)

5. POLLUTION ADJUDICATION BOARD (PAB Resolution No. 01, Series of 2010)

2. FISHERIES INSPECTION AND QUARANTINE SERVICE

3. MUNICIPAL/CITY OR INTEGRATED FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS

5. PLANT QUARANTINE OFFICERS (Title IV, Chapter 5, Section 34, EO 292)

D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

4. THE LOCAL GOVERNMENT UNITS

a. Punong Barangay (Barangay Head)

b. Sangguniang Barangay (Barangay Council)

c. The Municipal/City Government

f. City/Municipal Agriculturist (MAO)

h. City Legal Officer (CLO) (Sec. 481, par. c, RA 7160)

i. The Provincial Governor

j. Sangguniang Panlalawigan (Provincial Council)

l. Provincial Environment and Natural Resources Officer (PGENRO)

m. Legal Officer (Sec. 481, par. c, RA 7160)

1. ARMED FORCES OF THE PHILIPPINES

F.4. Fishing in overexploited

1. PHILIPPINE COAST GUARD