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    LO - Bantay-Dagat Linapacan

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    David Israel Rivera
    The document discusses the legal basis and authority of local governments to establish standards and qualifications for Bantay-Dagat, a community-based law enforcement group for detecting fishery law violations. It finds that an ordinance from the municipality of Linapacan standardizing its Bantay-Dagat program is valid based on provisions of the Philippine Fisheries Code and the Local Government Code granting police and legislative powers to local governments.

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    LO - Bantay-Dagat Linapacan

    Uploaded by

    David Israel Rivera
    49 views2 pages
    The document discusses the legal basis and authority of local governments to establish standards and qualifications for Bantay-Dagat, a community-based law enforcement group for detecting fishery law violations. It finds that an ordinance from the municipality of Linapacan standardizing its Bantay-Dagat program is valid based on provisions of the Philippine Fisheries Code and the Local Government Code granting police and legislative powers to local governments.

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    The document discusses the legal basis and authority of local governments to establish standards and qualifications for Bantay-Dagat, a community-based law enforcement group for detecting fishery law violations. It finds that an ordinance from the municipality of Linapacan standardizing its Bantay-Dagat program is valid based on provisions of the Philippine Fisheries Code and the Local Government Code granting police and legislative powers to local governments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    49 views2 pages

    LO - Bantay-Dagat Linapacan

    Uploaded by

    David Israel Rivera
    The document discusses the legal basis and authority of local governments to establish standards and qualifications for Bantay-Dagat, a community-based law enforcement group for detecting fishery law violations. It finds that an ordinance from the municipality of Linapacan standardizing its Bantay-Dagat program is valid based on provisions of the Philippine Fisheries Code and the Local Government Code granting police and legislative powers to local governments.

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    © All Rights Reserved
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    Provincial Government of Palawan

    PROVINCIAL LEGAL OFFICE


    Puerto Princesa City

    1st Endorsement
    PLO CONTROL NO. SP-2021-253
    January 11, 2022

    Respectfully returning to MS. MARGIE G. ONDIONG, Board Secretary IV, Sangguniang


    Panlalawigan, Province of Palawan, herein Ordinance No. 2019-126 from the
    Sangguniang Bayan of Linapacan, Palawan, entitled: ‘STANDARDIZING THE SUPPORT
    ENFORCEMENT PROGRAM OF BANTAY-DAGAT IN THE MUNICIPALITY OF LINAPACAN
    AND FOR OTHER PURPOSES’.

    The Bantay-Dagat is a community-based law enforcement arm which primarily consists


    of volunteers or locals of barangays, and is tasked with detecting and enforcing fishery
    laws within municipal waters. It finds legal basis under the following provisions of the
    Philippine Fisheries Code (R.A. 8550, as amended):

    Section 158. Persons and Deputies Authorized to Enforce this Code and
    Other Fishery Laws, Rules and Regulations. - The law enforcement officers
    of the Department, the Philippine Navy, Philippine Coast Guard, Philippine
    National Police (PNP), PNP-Maritime Command, law enforcement officers
    of the LGUs and other government enforcement agencies, are hereby
    authorized to enforce this Code and other fishery laws, rules and
    regulations. Other competent government officials and employees, punong
    barangays and officers and members of fisherfolk associations who have
    undergone training on law enforcement may be designated in writing by
    the Department as deputy fish wardens in the enforcement of this Code
    and other fishery laws, rules and regulations.

    Section IV of the Ordinance defines the functions of Bantay-Dagat while Section V of the
    same provides for qualifications of Bantay-Dagat members. Section IV on the other
    hand affirms the requirement of the Philippine Fisheries Code of the training and
    designation of its members.

    Aside from its legal foundations under the Fisheries Code, local government units
    undeniably possess the power to impose reasonable qualifications and limitations on
    the designation of Bantay-Dagat members. This is consistent with its Police Powers
    under the Local Government Code of 1991 (RA 7160), from the following provisions:

    Section 16. General Welfare. - Every local government unit shall exercise
    the powers expressly granted, those necessarily implied therefrom, as well
    as powers necessary, appropriate, or incidental for its efficient and
    effective governance, and those which are essential to the promotion of
    the general welfare. x x x
    Section 447. (a) The sangguniang bayan, as the legislative body of the
    municipality, shall enact ordinances, approve resolutions and appropriate
    funds for the general welfare of the municipality and its inhabitants
    pursuant to Section 16 of this Code and in the proper exercise of the
    corporate powers of the municipality as provided for under Section 22 of
    this Code, and shall:

    (1) Approve ordinances and pass resolutions necessary for an efficient and
    effective municipal government, and in this connection shall:

    xxx

    (vi) Protect the environment and impose appropriate penalties for acts
    which endanger the environment, such as dynamite fishing and other
    forms of destructive fishing, illegal logging and smuggling of logs,
    smuggling of natural resources products and of endangered species of
    flora and fauna, slash and burn farming, and such other activities which
    result in pollution, acceleration of eutrophication of rivers and lakes, or of
    ecological imbalance;

    In conclusion, this Office finds the subject Ordinance valid and within the powers of the
    Sangguniang Bayan to enact.

    Respectfully submitted.

    Prepared by:

    APRIL JOY M. RABANG-BAYLOSIS


    Attorney IV

    Noted by:

    JETHRO M. PALAYON
    Provincial Legal Officer

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