Mending Nets: A Handbook on the Prosecution of

Fishery and Coastal Law Violations

THIRD EDITION

This edition is published by the Environmental Legal Assistance

Center, 2nd Floor Door 1 Cecilia Apartment, P. Rodriguez St., Capitol
Site, Cebu City, URL: http://www.elac.org.ph. The Environmental Legal
Assistance Center, Inc. (ELAC) is a non- government organization that
helps marginalized communities in defending their environmental rights
through developmental legal assistance, education & training, research &
publications, advocacy, law enforcement, and community-based resource
management. It has offices in Cebu, Palawan, and Eastern Visayas.

An earlier edition of this work was published in 2004 and 2008 by

the Coastal Resource Management Project of the Department of
Environment and Natural Resources and Fisheries Improved for
Sustainable Harvest Project of the Department of Agriculture-Bureau
of Fisheries and Aquatic Resources.

Citation:
Environmental Legal Assistance Center. 2017. Mending Nets: A Handbook
on the Prosecution of Fishery and Coastal Law Violations, Third ed. The
Environmental Legal Assistance Center, Cebu City, Philippines. p. 308

This publication was made possible through support provided

by Coastal Resource Management Project, Fisheries Improved
for Sustainable Harvest Project and Ecosystems Improved for
Sustainable Fisheries Project of the Department of Agriculture-
Bureau of Fisheries and Aquatic Resources and the United States
Agency for International Development (USAID) under the terms and
conditions of USAID Contract Nos. AID-492-C-00-96-00028-00,
AID-492-C-00-03-00022-00 and AID-492-C-12-00008. The opinions
expressed herein are those of the authors and do not necessarily reflect
the views of the USAID. This publication may be reproduced or quoted
in other publications as long a proper reference is made to the source.

Lay-out and Design: Rigil Kent R. Ynot

Copy editing: Redempto D. Anda
Cover: Romwell Mari Sanchez

THIRD EDITION
2017

ISBN 978-971-94289-1-6
 Republic of the Philippines
SUPREME COURT
PHILIPPINE JUDICIAL ACADEMY

This Handbook on the Prosecution of Fishery and Coastal Law

Violations, aptly titled “MENDING NETS,”is the third generation,
with two previous editions published in 2004 and 2008. The need
for this latest publication springs from the major developments in
environmental law in all branches of the government since then.
In April 2010, the Supreme Court came out with the Rules of
Procedure for Environmental Cases (A.M. No. 09-6-8-SC),possibly
the first of its kind in the world. It contains provisions on (1) citizen
suits; (2) consent decree; (3) environmental protection order; (4) writ
of kalikasan; (5) writ of continuing mandamus; (6) strategic lawsuits
against public participation (SLAPP);and (7) the precautionary principle.
A total of 46 writs of kalikasan have since been issued under the Rules.
The Court also promulgated decisions implementing environmental
protection such as the 2008 case of the Metropolitan Manila Development
Authority v. Concerned Residents of Manila Bay (G.R. Nos. 171947-48) where
it issued a writ of continuing mandamus directing 13 government agencies to
clean up, rehabilitate end eventually preserve Manila Bay within a decade.
In September 2015 the Amended Philippine Fisheries Code of 2015 (RA No.
10654) was signed into law by former President Benigno S. Aquino III. It
provides for more severe civil and criminal penalties than those found in the
Philippine Fisheries Code of 1998(RA No. 8550).
For its part, the Bureau of Fisheries and Aquatic Resources (BFAR)of
the Department of Agriculture (DA) issued new administrative orders in
furtherance of the amended law.
This 3rd edition features discussions on all these welcome developments
and also incorporates a new chapter on Boarding Procedure to guide the
fishery law enforcers in conducting seaborne patrol operations.
I congratulate and thank the United States Agency for International
Aid (USAID); its project Ecosystems Improved for Sustainable Fisheries
(ECOFISH) and the Environmental Legal Assistance Center, Inc.,
(ELAC) for coming up with this updated and reliable reference for the
use of our law enforcers, and for the guidance of our judges and court
personnel, in pursuit and dispensation of environmental justice.
All the best.

ADOLFO S. AZCUNA
Chancellor

MENDING NETS Third Edition iii

 Republic of the Philippines
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNP
Camp Crame, Quezon City

On behalf of the Philippine National Police (PNP), I congratulate

the Environmental Legal Assistance Center, Inc. (ELAC) on the publi-
cation of the 3rd edition of “Mending Nets: A Handbook on the Pros-
ecution of Fishery/Coastal Law Violations.”
Coastal areas in the country remain in constant danger due to a
variety of human activities that are oftentimes in violation of the law.
This calls for firmer implementation of fishery/coastal laws, stronger
cooperation among concerned agencies, and deeper awareness among
members of the community on their responsibilities in the promotion
of a healthy and productive maritime environment.
For its part, the PNP has been steadfast in its mission to perform
police functions and ensure public safety and internal security over
Philippine territorial waters and rivers and sustain the protection of the
maritime environment. We thus welcome this 3rd edition of “Mending
Nets” as it provides our law enforcement units with an essential and
updated reference in the enforcement of fishery/coastal laws including
the prosecution of violators.
The publication of the latest version of this handbook is also a call for
more focused attention on the effective prosecution of violators. With better
informed law enforcers, prosecutors, other concerned officials and members
of the community, we hope to eventually resolve the issues on improper
dismissal of cases and acquittal of violators of fishery/coastal laws. I enjoin
all concerned agencies to work closely together towards this end.
I extend to the ELAC the PNP’s deep gratitude and appreciation for this
publication and for the opportunity to help “mend the nets”, so to speak,
and fix the gaps in the enforcement of the law and prosecution of violators.
Mabuhay kayo!

RONALD M. DELA ROSA

Police Director General
Chief, PNP

iv
 TABLE OF CONTENTS

List of Special Topics viii

List of Figures ix
List of Acronyms x
Edition Notes and List of Contributors xiii
Foreword xvi
Preface xvii

Chapter 1 Legal Bases 1

I. The 1987 Philippine Constitution 1
II. National Laws 3
III. International Treaties and Agreements 5
IV. Executive Orders 5
V. Administrative Orders 6
V. Supreme Court Issuances 17
VII.Ordinances of Local Government Units 17

Chapter 2 Prohibited Acts And Penalties 23

Prohibitions/Regulations Under RA 10654 23
A. Based on Fishing Method Employed 23
B. Based on Location of Fishery Activity 33
C. Based on Resource Exploited 40
D. Other Prohibited/Regulated Activities 48
F. Other Laws Prohibiting/
Regulating Activities in Coastal Areas 68

Chapter 3 Boarding Procedure 73

Definition of key terms 73
Patrol Observation and Surveillance 74
Essential Elements of Information on the Suspect Vessel 74
Patrol Boat Positioning 74
Boarding Team Composition 75
Patrol Observation and Surveillance Communication Procedures 75
Approach Procedures 78
Board and Search 79
Boarding Party Composition 79
Pre-boarding Instructions to the Suspect Vessel 80
Boarding Party Communications 80
Unopposed Boarding Procedures 80

MENDING NETS Third Edition v

 Search Team Procedures 81
Initial Security Sweep 81
Sweep of Cargo Holds/Tanks 81
Dealing with the Suspect Vessel’s Crew 81
Opposed/Non-Compliant Boarding 82
Use of Force during Police Operation 82
Use of Firearm during Police Operation 83

Chapter 4 Arrest, Search and Seizure 87

Arrest 87
A. Arrest Made with Warrant 88
B. Warrantless Arrest 90
SLAPP Suit 94
Custodial Investigation 95
Search and Seizure 98
A. Search and Seizure with Warrant 98
B. Warrantless Search and Seizure 100
Custody 102

Chapter 5 Evidence 111

Kinds of Evidence 111
Weight of Evidence 112
Admissibility of Evidence 113
Offer of Evidence 113
A. Object or Real Evidence 113
B. Documentary Evidence 114
C. Testimonial Evidence 115
Establishing Criminal Liability 117
Based on Fishing Method Employed 118
Based on Location 122
Based on Resource Exploited 127
Other Prohibited/Regulated Activities 131

Chapter 6 Prosecution 143

Institution of Criminal Action 143
A. Complaints and Information 144
B. Prescriptive Period 147
C. Jurisdiction 148
Procedures on Prosecution 151
A. Preliminary Investigation 151
B. Inquest Investigation 156
C. Uniform Procedure 158
D. Summary Procedure 164

vi
 Remedies After Decision 165
Final Judgment 168
Rules of Procedure for Environmental Cases 171

Chapter 7 Administrative Remedies 185

General Procedure 186
A. Rights of the Parties in the Administrative Cases 188
B. Remedies After Decision 190
Specific Rules and Procedures 191
A. National Government Agencies 192
Bureau of Fisheries and Aquatic
Resources under R.A. 10654 192
Department of Natural Resources 197
Environmental Management Bureau 200
Philippine Coast Guard 204
Office of the Ombudsman 206
B. Local Government Units 210
1. The Municipality 212
2. The Province 213

Annexes
Preservation of Evidence 217
Judicial Affidavit Rule 218
Forms 225
Mandates in Coastal Law Enforcement 253
Guide to Legal References 277

Index Definitions 279

MENDING NETS Third Edition vii

 LIST OF SPECIAL TOPICS

Abandoned Illegal Forest Products 200

Affidavit of Undertaking 104
Alternatives to Criminal Cases 168
Cease and Desist Order 203
Charges for Resisting Arrest 94
Compromise Agreements 212
Conflicts in Jurisdiction over municipal waters 150
Counter suits 100
Delay in the delivery and arbitrary detention 93
Double Jeopardy 145
Liabilities for Marine pollution 207
Liability of custodian 103
Motion to quash 159
National Law vs. Ordinance 146
Plea bargaining 161
Presenting photos for evidence 115
Provisional dismissal 160
Public and private documents 115
Remedies for dismissal of complaints 154
Replevin 105
Responsibilities and rights of LGU over municipal waters 267
Vehicles used in transporting illegal forest products 199

viii
 LIST OF FIGURES

Hierarchy of Laws in the Philippines 1

Procedure in Prosecution 152
Preliminary Investigation 154
Remedies for dismissal for complaint
after preliminary investigation 155
Inquest Investigation 157
Uniform Procedure 159
Summary Procedure 166
Appeals process for fisheries cases 167
Procedure in Writ of Continuing Mandamus 179
Procedure in Writ of Kalikasan 180
Flow of Prosecution 181
General Procedure for Administrative Cases 187
DENR procedure for administrative confiscation 198
EMB administrative procedure for ECC violation cases 202
EMB administrative procedure for coastal pollution cases 204
PCG administrative procedure 206
Ombudsman administrative procedure 209

Annex
Area based mandates for implementation of coastal laws 271
Mandates for coastal areas in general 272
Mandates for protected seascape 273
Mandates for ancestral waters 273

MENDING NETS Third Edition ix

 LIST OF ACRONYMS

AFMA Agriculture and Fisheries Modernization Act

AO Administrative Order
BFAR Bureau of Fisheries and Aquatic Resources
BFARMC Barangay FARMC
BP Batas Pambansa
CA Court of Appeals
CBFMA Community–based Forest Management Agreement
CDO cease and desist order
CENRO Community Environment and Natural Resources
Officer
CEP Coastal Environment Program
CFVGL commercial fishing vessel and gear license
CITES Convention on the International Trade of Endangered
Species of Wild Flora and Fauna
CMMO Coastal and Marine Management Office
CRM coastal resource management
CRMP Coastal Resource Management Project
CSC Civil Service Commission
DA Department of Agriculture
DAO DENR Administrative Order
DENR Department of Environment and Natural Resources
DFA Department of Foreign Affairs
DFPC Davao Fish Port Complex
DILG Department of the Interior and Local Government
DND Department of National Defense
DOJ Department of Justice
DOLE Department of Labor and Employment
DSPWIEMD Directorate on Special Projects for Water and
Integrated Ecosystems Management and Development
DSWD Department of Social Welfare and Development
ECC Environmental Compliance Certificate
EIA Environmental Impact Assessment
EIS Environmental Impact Statement
ELAC Environmental Legal Assistance Center
EMB Environmental Management Bureau
EMP Environmental Management Plan
EO Executive Order

x
FAO Fisheries Administrative Order
FARMC Fisheries and Aquatic Resources Management Council
FLA foreshore lease agreement
GT gross tonnage
HACCP hazard analysis critical control point
IEE Initial Environmental Examination
IPRA Indigenous People’s Rights Act
IRR Implementing Rules and Regulations
LGC Local Government Code
LGU local government unit
LOI Letter of Instruction
MAO Municipal Agriculture Office
MARINA Maritime Industry Authority
MARO Municipal Agrarian Reform Officer
MC Memorandum Circular
MCTC Municipal Circuit Trial Court
MeTC Metropolitan Trial Court
MFARMC Municipal FARMC
MNR Ministry of Natural Resources
MTC Municipal Trial Court
MTCC Municipal Trial Court in Cities
NALECC National Law Enforcement Coordinating Committee
NAMRIA National Mapping and Resource Information
Authority
NCIE National Committee on Illegal Entrants
NCIP National Commission on Indigenous Peoples
NFARMC National FARMC
NGA national government agency
NGO non-government organization
NIPAS National Integrated Protected Areas System
NPCC National Pollution Control Commission
OSHC Occupational Safety and Health Center
PAMB Protected Area Management Board
PAWB Protected Areas and Wildlife Bureau
PCG Philippine Coast Guard
PD Presidential Decree
PEA Public Estates Authority
PENRO Provincial Environment and Natural Resources Officer
PI preliminary investigation
PN Philippine Navy
PNP Philippine National Police

MENDING NETS Third Edition xi

PNP-MARIG PNP Maritime Group
PO people’s organization
RA Republic Act
RED Regional Executive Director
RPC Revised Penal Code
RP Regional Prosecutor
RTC Regional Trial Court
RTD Regional Technical Director
RPEC Rules of Procedure for Environmental Cases
SB Sangguniang Bayan
SC Supreme Court
SEMS Senior Environmental Management Specialist
SFMS Senior Forest Management Specialist
SLAPP Strategic Lawsuit Against Public Participation
SP Sangguniang Panlungsod
TSN transcript of stenographic notes

xii
 EDITION NOTES AND
LIST OF CONTRIBUTORS

The first edition of this book was published in 2004, jointly written
by Atty. Jose Andres A. Canivel, Atty. Visminda M. Damayo, Atty.
Nelia C. Lagura, Atty. Simeon Q. Mesina III, Atty. Jennifer L. Ramos
and edited by Jeneen R. Garcia, with assistance from the following
contributors and reviewers:

Judge Marivic Trabajo Daray; Judge Jesus Quitain; Department

of Environment and Natural Resources - Renato de Rueda,
Jeremias Dolino, Florendo Barangan, Robert Belen, Teodorico
Barral, Atty. Noel Empleo, Atty. Mario G. Duaves, and Atty. Chelin
G. Sonza; Department of Agriculture-Bureau of Fisheries and
Aquatic Resources - Numeriano Candado, Cesar Galera, Expedito
M. Otida, Ryan S. Plaza, Protacia Sayson, and Edgar Togonon;
Philippine Coast Guard - Chief Petty Officer Lemuel B. Alquiza;
Philippine National Police - Senior Superintendent Mario
Avenido, Senior Superintendent Edgardo Ingking, Superintendent
Patrocenio Commendador, Senior Inspector Ranulfo Sebusa, Police
Inspector Winston Peñaflor, Senior Police Officer Dennis Malinao,
Senior Police Officer Mansueto Valleser, Police Officer Kenneth L.
Abella, Police Officer Gina Molina, and Rose del Pilar; Office of the
Ombudsman - Atty. Cynthia Sibi; Department of Justice - Atty.
Danilo C. Belo, Atty. Gil dela Banda, Atty. Joseph Elmaco, and Atty.
F. B. Villafuerte; Local Government Units - Mayor Leila Arboleda
(Looc, Romblon), Cesar Acosta (Puerto Princesa City, Palawan),
Atty. Donna Gasgonia (Parañaque City), and Jeffrey Velasco
(Davao del Sur); Academe - Dean Hildegardo F. Iñigo (Ateneo
de Davao University), Dean Mikhail Lee L. Maxino (Silliman
University), Atty. Manuel R. Arbon (Silliman University), Mara
Cantonao (University of Cebu-NEAT), and Atty. Paul Le Montejo
(Ateneo de Davao University); Non-government Organizations -
Maretes Alenton (Coastal Conservation & Education Foundation),
Atty. Edward Lorenzo (Tanggol Kalikasan), Atty. Angel Ojastro
(Institute for Social Order), Atty. Rose-Liza Eisma-Osorio (Coastal
Conservation & Education Foundation), Atty. Manuel Ravanera,
and Sheryll Tesch (Coastal Conservation & Education Foundation).

The first edition was published with the endorsement of the then
heads of national government agencies that hold a mandate in coastal

MENDING NETS Third Edition xiii

law enforcement: Environment Secretary Elisea Gozun, Interior and
Local Government Secretary Joey Lina and PNP Chief Hermogenes
Ebdane.

The revised 2008 edition provides updated information relevant to

handling coastal and fishery law violations, including issuances by the
Supreme Court and other administrative bodies that came out after the
original 2004 edition went to press.

The 2008 edition was written by Atty. Robert Chan, assisted by the
following contributors and reviewers:

Department of Social Welfare and Development - Atty. Sally

D. Escutin; Philippine National Police - Atty. Ariel C. Alvarado
and Atty. Nepomuceno M. Corpus Jr.; Philippine Fisheries
Development Authority - Arfilo C. Catipay; Department of the
Interior and Local Government - Atty. Ma. Rhodora R. Flores;
Department of Agriculture-Bureau of Fisheries and Aquatic
Resources - Jerry W. Jacalan, Virgilio Santos, Numeriano Candado
and Andres Menguito; Non-government Organization - Atty.
Rose Lisa Eisma-Osorio (Coastal Conservation and Education
Foundation)

Technical and administrative support services were provided by

Mar Guidote, Atty. Raul Barbarona, Atty. Dolie Delos Reyes, Howard
Cafugauan, Albert Vargas and Police Superintendent Aleta Astronomo.

This revised 2017 edition presents updated information on the

new provisions of R.A. 10654 amending R.A. 8550, incorporating the
Rules of Procedure for Environmental Cases and inclusion of some

This 2017 edition was written by Atty. Astrox V. Canama and

Jocelyn D. Caseres, assisted by the following contributors and
reviewers:

Justice Oswaldo Agcaoili; Judge Marivic Trabajo Daray;

Judge Edsel Ensomo; Department of Agriculture-Bureau of
Fisheries and Aquatic Resources – Dionisio Fajardo; Atty. R.C.A.
Vertudazo; Annabel Agravante; Christopher Baculi; Noly Eliserio;
Philippine National Police – PSupt Rudy Elandag; PSupt (Atty.)
Oliver Tanseco; Philippine National Police-Martime Group –
SPO1 Rochelle Bakingkito; Department of Justice – Atty. Jesse
Rey Silva; Atty. Pepita Jane Petralba; Atty. Marites Banzali; Atty.
Jill Pacamara; Atty. Liezel Aquiatan; Regional Trial Court-

xiv
 Mandaue City – Atty. Marie Aileen Barrientos-Asejo; Office of
the Ombudsman – Atty. Nelia Lagura-Prieto; Court of Appeals-
Visayas Station – Atty. Ameli Amor Estrada; Department of
Environment and Natural Resources – Steve Vincent Larona;
Atty. Junalit Molo; Philippine Coast Guard – Christine Joy
Daquila, Roy Cristopher Orillanez; Municipal Fisheries and
Aquatic Resource Management Council (Siargao) - Josephine
Pobe; Office of the Sangguniang Panlalawigan (Cebu) – Mario
Marababol; Provincial Environment and Natural Resources
Office – Atty. Ahmad Clay Escoba; Department of Interior and
Local Government – Nancy Domingo; Atty. Edward Maglinte
(Surigao City); Atty. Rose Liza Osorio (Philippine Earth Justice
Center); Atty. Rocky Guzman (Oceana); Jerry Quitorio (Institute
of Social Order); Atty. Edward Lorenzo (Protect Wildlife);
Atty. Arnie Rabe (Tanggol Kalikasan); Erlo Matorres (National
Fisheries Reform); Vince Cinches (Greenpeace); Dennis Calvan
(Rare Philippines); Joan Binondo (World Wildlife Fund);
Monyeen Alava (Coastal Conservation Education Foundation);
Atty. Jennifer Ramos and the Alternative Law Groups

Technical and administrative support services were provided by

Mar Guidote, Atty. Grizelda Mayo-Anda, Atty. Julius Concepcion and
PSupt (Atty.) Oliver Tanseco.

The opinions expressed in this book are those of the authors and
do not reflect the views of the United States Agency for International
Development. The main authors and the editor assume full
responsibility for any errors or controversial opinions that may be
found in this book.

MENDING NETS Third Edition xv

 FOREWORD
FOREWORD

The state of our coastal areas is the outcome of the dynamics that
go into the management of our coastal and fishery resources. Perhaps
one of the most critical elements of this is the efficacy of enforcing the
relevant laws that are in place to protect and conserve them.
Since 2004, under the Fisheries Improved for Sustainable Harvest
(FISH) Project of the USAID and the DENR Coastal Resource
Management Project (CRMP), we have endeavored to do our share
in the enhancement of our enforcement efforts. We engaged the
Environmental Legal Assistance Center (ELAC) to produce and publish
a handbook on the prosecution of fishery and law violations called
MENDING NETS. A second edition of this Handbook was undertaken
in 2008 to update the cases referred to in the Handbook.
We were truly gratified that the enforcement agencies and
prosecuting agencies found Mending Nets as a useful reference in the
effective implementation of coastal and fishery laws.
Almost 10 years have passed and since 2009, several developments
have taken place relating to the enforcement and prosecution of coastal
and fishery laws.
The Ecosystems Improved for Sustainable Fisheries
Fisherish (ECOFISH)
Project has therefore engaged ELAC once again to work on the 3rd
edition of Mending Nets to integrate new laws and policies affecting our
coastal and fishery resources. Similar to its first and second editions,
the third edition seeks to enhance enforcement and prosecution efforts
concerning coastal and fisheries laws.
We are pleased and inspired that in the producing the first, second
and third editions, our partners from various law enforcement
agencies, from the prosecution service, judiciary and civil society
groups, have participated and shared various insights to produce a
useful guidebook. We congratulate ELAC for being a valuable partner
in this initiative.
The 3rd edition of Mending Nets certainly reflects our journey in
achieving sustainable fisheries in this country. Let us therefore urge all
our partners and stakeholders to make full use of it.

Nygiel B. Armada
Chief of Party
ECOFISH Project

xvi
 PREFACE

In our many years with the Environmental Legal Assistance Center

(ELAC) working with fisherfolk communities and collaborating
with various groups in the fisheries sector, we had been constantly
confronted with the depressing status of our fishery resources.
Fish stocks and marine habitats continue to dwindle, even with
interventions of voluntary groups and individuals seeking to secure our
environment against destructive activities and fishing methods,.
The many gaps in fisheries resource management can no longer be
left open if we are to succeed in our efforts to rehabilitate and protect
what is left of our resources. Among these is the weak law enforcement
system, notably prosecution of environmental cases. Many people,
even including law enforcers, prosecutors and judges, have bare
knowledge about special laws on fisheries. They either fail to properly
gather, preserve and present evidence in accordance with these laws.
Worse, they do not know that these laws exist. As a result, there have
been quite a number of improper dismissal of actions and acquittals of
violators.
ELAC has been making efforts to help solve these problems through
education initiatives, community organizing and media advocacy. But
we can reach out to only so many. In 2003, our Executive Director,
Atty. Jose Andres Canivel, shared with us his dream of publishing a
book that would reach even the farthest municipalities. His dream did
not happen quickly, because we did not have the resources.
One day, Mar Guidote of CRMP, with whom ELAC has a relatively
long history of collaboration, handed us a draft of a “prosecution
guidebook” for comments, and finally, work on this book started. Our
team embarked on a series of debates and brainstorming sessions on
what to include in the book, who it should be primarily for and how it
should be presented, who would write which chapter and so on.
Writing the book proved to be physically, emotionally and
intellectually demanding. At one point, after a consultative review of
the draft with invited experts from the national and local governments,
non-government organizations and the private sector, we were
“forced” to stay together for four days to prepare the final manuscript.
The whole process was laborious and challenging, but the team
persevered.
On a personal level, it was also a great learning experience. We
discovered new and relevant information from all those who shared

MENDING NETS Third Edition xvii

with us their experiences and expertise in fisheries law enforcement
and prosecution. The series of consultations, reviews, and critiquing
sessions that began from conceptualization to final lay-out involved a
wide range of participants: local government officials, staff of national
government agencies, police investigators, NGO workers, and members
of the NALECC. In the end, the pooling of ideas of experienced law
enforcers and prosecutors from different offices all over the country
made the book richer, more practical and more substantial than what it
would have been had we decided to base it on ELAC experiences alone.
This handbook was written with the intention of equipping
everyone involved in law enforcement and prosecution with a handy
reference material that hopefully contains all the necessary basic
information— and some helpful notes as well—that they need in the
performance of their tasks.
“Mending Nets” is our contribution towards addressing the gaps in
enforcement that allow fisheries law offenders to escape the nets of
justice. It is our hope that this book on prosecution will bring us a step
closer to improving law enforcement in the Philippines and ultimately
to a future where our sea is bountiful once again.

The Authors

xviii
 ABOUT THIS BOOK

In Lanao del Norte, illegal fishers file a countersuit against the

Bantay Dagat, and consequently retrieve their confiscated gear. In
Palawan, a public prosecutor dismisses a complaint against sand and
pebble quarrying on the grounds that the law prohibits quarrying only in
the marine, not the coastal, habitat. In Samar, a judge tries a case based
on an outdated, 14-year-old fisheries code.

All across the country, law enforcers work hard to win protracted
battles against illegal fishing at sea, only to lose the war in court. Of
the thousands of coastal law offenders apprehended every year, only
a small fraction are actually charged for their crimes; even fewer are
tried in court. Those that are tried and plead guilty often get away with
paying a token fine, free once again to repeat their offenses the very
next day—and the next.
The Philippines has no shortage of environmental laws; however,
any public officer or, for that matter, any concerned citizen seeking to
help manage the environment will immediately point to deficiencies
in law enforcement as a major factor in continued habitat destruction.
Essential to effective coastal resource management then is a strong
law enforcement continuum: the prevention, apprehension, and
prosecution of crimes committed by those who, despite knowing the
tragic consequences for both present and future generations, persist in
destroying the environment for personal gain.
Especially crucial to law enforcement is prosecution—the stage
where cases are filed and tried in court for appropriate penalties to
be meted out. A failure in prosecution, in essence, means a failure
in serving justice to the environment and to all who depend on it for
survival. Efforts of dedicated law enforcement groups that put life and
limb on the line are reduced to nothing: lack of knowledge of current
legal issuances and procedures, narrow interpretation of coastal laws,
and corruption and intervention of politicians and judicial authorities
in law enforcement often put coastal and fisheries law cases at the risk
of dismissal at every stage of the prosecution.
Indeed, the nets of justice have many holes that law offenders can
easily slip through. “Mending Nets” aims to provide the information
needed to strengthen the case for the protection of the coastal and

MENDING NETS Third Edition xix

marine environment, and to deter potential law offenders from robbing
communities of their natural resources.

What is this book?

• A handbook that is light enough to carry around, but heavy with
essential information
• A quick reference at work to help ensure proper handling of coastal
law violations
• A refresher on appropriate laws and procedures related to dealing
with coastal law violations
• A guide for those who are new at dealing with coastal law violation
cases
• A source of ideas and examples for resolving issues not tackled by
the law but commonly encountered in actual cases

Who is it for?
This book is primarily for law enforcers and prosecutors—both
lawyers and non- lawyers by profession—who are tasked to bring
coastal law offenders to justice. These include fiscals, Chiefs of Police,
and other authorized individuals. It is also for judges, uniformed and
community-based law enforcers, and local government officials who
wish to further define their roles in supporting and facilitating the
prosecution of coastal law violations.
Readers from other sectors—such as civil society, national
government agencies, and the media—may also find this book a helpful
source of information for various applications in their line of work,
especially in monitoring the appropriateness of laws, procedures
and grounds used by those directly involved in the law enforcement
continuum.

What is its scope?

Although this book is primarily intended as a handbook on the
prosecution of coastal law violators, it necessarily covers more than
the filing of cases and trial proper. To help towards the successful
prosecution of such cases, this book also describes the larger
framework within which prosecution operates.
In this handbook, the word “coastal” is used in its general sense
to cover the whole extent of Philippine fisheries within municipal
waters, internal waters, territorial sea up to the country’s Exclusive
Economic Zone and continental shelf. Violations of laws committed
within lakes, rivers, wetlands, beaches and marine areas, as well as the
illicit exploitation of resources found in these habitats, are therefore all
referred to as “coastal law violations.”

xx
 Detection of
offenses

Apprehension
CHAPTER 3: of offenders
CHAPTER 1: Boarding
Legal bases Procedure
Preparation
CHAPTER 5: of the case
CHAPTER 4:
Evidence Arrest, search,
seizure and
Filing of the
detention
CHAPTER 2: case
Prohibited
CHAPTER 6:
acts and
Prosecution
penalties Trial

CHAPTER 7:
Administrative
Judicial and
remedies
nonjudicial
remedies

Framework of prosecution.

How is it organized?
Chapter 1 Legal Bases
• Enumerates laws and legal issuances that may be cited and
referred to during prosecution

Chapter 2 Prohibited Acts and Penalties

• Classifies the prohibited acts according to the nature of the
offense or the resource violated for easy reference
• Lists the elements and penalties of each prohibited act as
prescribed by the relevant laws
• Discusses the details of each prohibited act as applied in
real-life situations, providing tips and reminders where
needed

Chapter 3 Boarding Procedure

• Provide strategies in boarding the commercial fishing
vessel, arresting , seizure and gathering of evidence in
accordance with the law
• Ensure safety and security of law enforcers and fish
wardens

MENDING NETS Third Edition xxi

Chapter 4 Arrest, Search, Seizure and Detention
• Deals with procedures prior to prosecution that may make
or break fisheries cases

Chapter 5 Evidence
• Lays down the rules on evidence
• Gives guidelines on how different kinds of evidence are
presented in court
• Provides a checklist of evidence that may be used to
establish probable cause for each prohibited act, providing
tips and reminders where needed

Chapter 6 Prosecution
• Answers basic questions on who should prosecute, when,
why and where
• Traces the flow of prosecution from investigation to final
judgment, and details the procedures involved in different
types of coastal law violations

Chapter 7 Administrative Remedies

• Provides the “what” and “how” of cases that law enforcers
and prosecutors can file with different government bodies
to further discourage offenders from repeating their
violations

Annexes
• Some reminders and tips on how to preserve evidence
• Samples of forms to be presented in court for successful
prosecution
• A list of agencies and bodies involved in coastal law
enforcement, and their respective mandates
• A guide to looking up the laws, rules and cases cited in this
book

An Index of Definitions is provided instead of a glossary for easy

location of frequently used legal terms already defined within the book.
Each chapter is introduced by a flash page that quickly outlines the
chapter’s contents. The flash page also provides the reader with a list
of special topics tackled by the chapter, along with a list of figures that
illustrate the chapter’s relevant procedures and concepts.

xxii
 Specific topics are introduced and discussed in the form of
questions that the prosecutor would naturally ask in the course of his
or her work.
Icons are used throughout the book to help readers quickly find the
kind of information they need.

Definition
an explanation of legal terms or concepts for users with
no background in law

Example
particular objects or situations that further explain a
concept

Reminder
a procedure or legal detail that must be taken note of
and always kept in mind

Warning
an action that, if committed, might weaken or put the
prosecution in danger

Tip
an action not required by legal procedure but which may
facilitate and improve the prosecution

Issue
an actual case, experience or idea commonly found to be
an obstacle to effective prosecution or as an object
of contention, with discussions on how it may be or has
been resolved

MENDING NETS Third Edition xxiii

CHAPTER 1
Legal Bases

T
he fate of the coastal environment is determined in no small
measure by the laws that relate to them. A comprehensive
knowledge of these laws is therefore an indispensable
requirement to successfully prosecute any environmental
case.The following laws are listed according to hierarchy: from
pertinent provisions of the Philippine Constitution, to national laws
and international treaties and agreements, to Executive Orders of the
President, to Administrative Orders and Circulars issued by government
agencies. The role of ordinances enacted by local government units
is also briefly discussed. In each section, the laws are listed in reverse
chronological order, from the most recent to the oldest.

The Philippine Constitution

National laws and
International Treaties/Agreements
(e.g. Acts, Commonwealth Acts, Batas Pambansa,
Republic Acts, Presidential Decrees issued during the Marcos era and
Executive Orders issued by President Aquino prior to the 1987 Constitution

Administrative Issuances
to Implement National Laws
(e.g. Presidential Proclamations, Letters of Instruction,
Executive Orders, Administrative Orders, Memorandum Circulars)

Ordinances
by Local Government Units
(May supplement, but must not contradict,
any national law)

Figure 1.1. Hierarchy of laws in the Philippines.

THE 1987 PHILIPPINE CONSTITUTION

The Constitution establishes, limits and defines the fundamental
powers of government. It is the highest law of the land, and all other
laws and legal issuances may be said to spring from—and must be in

MENDING NETS Third Edition 1

harmony with—its provisions.
The following provisions of the 1987 Philippine Constitution
lay down the State policies and principles significant to the coastal
environment and to the rights of the people to the country’s coastal
resources.

Article I - National Territory

“The national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between,
and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.”
Article II, Section 15
“The State shall protect and promote the right to health of the
people…”
Article II, Section 16
“The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm and
harmony of nature.”
Article XII, Section 2
“All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna, and other natural resources
are owned by the State. With the exception of agricultural lands,
all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital
is owned by such citizens. Such agreements may be for a period not
exceeding twenty-five years, renewable for not more than twenty-five
years, and under such terms and conditions as may be provided by
law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
“The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea and exclusive economic zone,
and reserve its use and enjoyment exclusively to Filipino citizens.
“The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative fish

2 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
farming, with priority to subsistence fishermen and fish-workers in
rivers, lakes, bays, and lagoons.”
Article XIII, Section 7
“The State shall protect the rights of subsistence fishermen,
especially of local communities, to the preferential use of the

It shall provide support to such fishermen through appropriate

technology and research, adequate financial, production, and
marketing assistance, and other services. The State shall also
protect, develop, and conserve such resources. The protection shall

foreign intrusion. Fish workers shall receive a just share from their
labor in the utilization of marine and fishing resources.”

NATIONAL LAWS
National laws are those statutes enacted by the legislative authority
of the Philippines. Although legislative authority generally resides in
Congress, there have been instances in history when the executive
branch exercised this power. One example is Amendment 6 of 1976,
which gave full legislative powers to then Pres. Ferdinand Marcos.
As such, certain Presidential Decrees (PDs) issued by Marcos are
considered as national laws, such as PD No. 705, otherwise known
as “The Forestry Reform Code of the Philippines”, which is still the
governing law on forestry.
Some laws listed below might appear as having nothing to do
with the coastal environment. These were included as they contain
provisions applicable to some aspects of coastal law enforcement. An
example would be the Labor Code of the Philippines, which covers
agricultural workers, including fish workers.
• RA 10654 (2015) An Act to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing Amending R.A. 8550,
Otherwise known as “The Philippine Fisheries Code of 1998”
• RA 993 (2009) Philippine Coast Guard Law
• RA 9367 (2007) Bio fuels Act of 2006

• RA No.9344 (2006) Juvenile Justice and Welfare Act of 2006

(applicable to children involved in fishery violations; no criminal
liability for crimes committed by minors below 15 years old, only
civil liability; minors aged 15 to below 18 years of age must have
acted with discernment, otherwise, they incur no criminal liability)
• RA 9275 (2004) Philippine Clean Water Act of 2004
• RA 9147 (2001) The Wildlife Resources Conservation and
Protection Act
• RA 8435 (1997) The Agriculture and Fisheries Modernization Act

MENDING NETS Third Edition 3

• RA 8371 (1997) The Indigenous Peoples’ Rights Act
(includes the indigenous peoples’ ownership and management of
their ancestral waters)
• RA 7586 (1992) The National Integrated Protected Areas Systems Act
• RA 7942 (1995) The Philippine Mining Act
• RA 7611 (1992) The Strategic Environmental Plan for Palawan
• RA 7161 (1991) An Act Incorporating Certain Sections of the
National Internal Revenue Code of 1977, as Amended, to PD No.
705, as Amended, Otherwise Known as the “Revised Forestry Code
of the Philippines…”
(Section 4, amending Section 71 of PD 705, prohibits the cutting of
all mangrove species)
• RA 7160 (1991) The Local Government Code of 1991
(rights and responsibilities of LGUs and offices include management
and protection of the coastal environment, see Annex 2)
• RA 6969 (1990) Toxic Substance, Hazardous and Nuclear Waste
Control Act of 1990
(prohibits the entry and transit of hazardous and nuclear wastes
within Philippine territorial waters)
• PD 1586 (1978) The Environmental Impact Statement Law
Establishing an Environmental Impact Statement System,
Including Other Environmental Management Related Measures
and for Other Purposes
• PD 1084 (1977) (Amended by EO 525) Creating the Public Estates
Authority
(PEA is responsible for integrating, directing and coordinating all
reclamation projects for and in behalf of the government)
• PD 1198 (1977) Requiring All Individuals, Partnerships or
Corporations Engaged in the Exploration, Development or
Exploitation of Natural Resources or in the Construction of
Infrastructure Projects to Restore or Rehabilitate to Their Original
Condition Areas Subject Thereof or Affected Thereby
• PD 1160 (1977) Vesting Authority in Barangay Captains to Enforce
Pollution and Environmental Control Laws and for Other Purposes
• PD 1152 (1977) The Philippine Environmental Code
• PD 1067 (1976) The Water Code of the Philippines
• PD 984 (1976) The Pollution Control Law
• PD 979 (1976) The Marine Pollution Decree
• PD 813 (1975) Further Amending RA 4850, Otherwise Known
as “An Act Creating the Laguna Lake Development Authority
Prescribing Its Powers, Functions and Duties, Providing Funds
Therefor and for Other Purposes”
• PD 705 (1975) The Forestry Reform Code of the Philippines
(contains provisions covering mangroves)

4 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
• PD 442 (1974) The Labor Code of the Philippines
(applicable to agricultural workers, including fish workers)
• RA 4850 (1966) An Act Creating the Laguna Lake Development
Authority, Prescribing Its Powers, Functions and Duties, Providing
Funds Therefor and for Other Purposes
• Commonwealth Act 141 (1936) The Public Land Act

INTERNATIONAL TREATIES AND AGREEMENTS

International treaties and agreements, once ratified by the Senate,
become part of Philippine law. Section 21 of the 1987 Constitution
provides that treaties and international agreements are valid and take
effect when concurred with by at least two-thirds of the Senate.
The following enumeration includes treaties and international
agreements entered into by the Philippines that are relevant to the
protection of the coastal environment:
• Cartagena Protocol on Biosafety (2000)
• Code of Conduct for Responsible Fisheries (1995)
• Action Agenda for Sustainable Development, Earth Summit
(Agenda 21) (1992)
• Convention on Biological Diversity (1992)
• World Commission on Environment and Development (1987)
• Convention on Migratory Species (The Bonn Convention) (1983)
• United Nations Convention on the Law of the Sea (1982)
• Convention on the International Trade of Endangered Species
of Wild Flora and Fauna (CITES) (1973)
• Convention Concerning the Protection of the World Cultural
and Natural Heritage (1972)
• Convention on Wetlands of International Importance (The
Ramsar Convention) (1971)

EXECUTIVE ORDERS
Executive Orders (EOs) are acts of the President which provide for
rules of a general or permanent character to implement constitutional
or statutory powers (De Leon, 1998).
Following are EOs that are relevant to coastal environment
protection:
• EO 734 (2007) Transferring the Supervision of the Palawan
Council for Sustainable Development (PCSD) from the Office of the
President to the DENR
• EO 578 (2006) National Policy on Biological Diversity Particularly
Sulu Sulawesi Marine Ecosystem and Verde Island Passage
• EO 533 (2006) Adopting Integrated Coastal Management as a
National Strategy
• EO 380 (2004) & EO 380-B (2006) Transferring the Functions of
the Public Estates Authority to the Philippine Reclamation Authority

MENDING NETS Third Edition 5

 • EO No. 305 (2004) Devolving to Municipal and City Governments
the Registration of Fishing Vessels Three (3) Gross Tonnage Below
• EO No. 247 (1995) Prescribing Guidelines for the Prospecting of
Biological and Genetic Resources
• EO No. 240 (1995) Creating the Fisheries and Aquatic Resources
Management Councils (FARMCs) in Barangays, Cities and
Municipalities, Their Composition and Functions
• EO No. 149 (1993) Streamlining the Office of the President,
Resulting to the Transfer of Administrative Supervision of the
Laguna Lake Development Authority to the Department of
Environment and Natural Resources
• EO No. 292 (1987) The Philippine Administrative Code
• EO No. 192 (1987) The Reorganization Act of the DENR
• EO No. 927 (1983) Further Defining Certain Functions and Powers
of the Laguna Lake Development Authority
• EO No. 525 (1979) Designating the Public Estates Authority as the
Agency Primarily Responsible For All Reclamation Projects
• EO No. 542 (1979) Creating the Task Force Pawikan and
Appropriating Funds Therefor

ADMINISTRATIVE ORDERS AND CIRCULARS

Administrative Orders (AOs) are issuances directed to particular
offices, officials or employees for compliance on specific matters.
Circulars are issuances that prescribe policies, rules and regulations
and procedures applicable to individuals and organizations outside the
government. They are designed to supplement provisions of the law or
to provide means and information for carrying out these provisions.
(De Leon, 1998).
An examination of AOs and circulars issued by government
agencies, however, shows that the terms “order” and “circular” are used
interchangeably.
Many of the AOs in this list cite related but older AOs as an
additional reference. Some of these earlier AOs are still effective, as
they have not been expressly repealed, and may contain provisions that
remain consistent with newer AOs.
Older AOs that have been supplanted by the newer AOs are still
cited because they contain definitions that may prove useful in
interpreting the newer AOs. If anything else, these repealed AOs
are still helpful in giving the reader a historical perspective of the
development of policies regarding the covered subjects.

Department of Agriculture (DA) Fisheries Administrative

Orders (FAOs)
• DA AO No. 10 (Series of 2015) Implementing Rules and
Regulations of RA 8550 as Amended by RA 10654

6 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
• FAO 250-1 (Series of 2015) Granting the Grace Period of Eight (8)
Calendar Months to Seaweed traders/Exporters to Transport and
Export their Remaining Raw Dried Sargassum Stocks Inspected and
Audited by BFAR
• FAO 245-3 (Series of 2015) Regulations and Implementing
Guidelines on Group Tuna Purse Seine Operations in High Seas
Pocket Number 1 as Special Management Area
• FAO 250 (Series of 2014) Prohibition of the Collection, Harvesting,
Gathering, Selling, and/or Exporting of Brown (algea/sargassuim
ssp) and Seagrass
• FAO 249 (Series of 2014) Ban on the Sale and Distribution of Raw/
Fresh and Processed Puffer Fish
• BAC 253 (Series of 2014) Moratorium on the Issuance of
Commercial Fishing Vessel and Gear License and Other clearances
• BAC 252 (Series of 2014) Rules and Regulations Governing
Distant-Water Fishing by Philippine Flagged Fishing Vessel
• FAO 245-2 (Series of 2014) Regulations and Implementing
Guidelines on Group Tuna Purse Seine Operations in High Seas
Pocket Number 1 as Special Management Area
• FAO 236-4 (Series of 2015) Extension of FAO 236-3 series of 2014
on the Rules and Regulation on the Operation of Purse Seine and
Ring Net Vessels Using Fish Aggregating Devices (FADs) Locally
known as Payaos during the FAD Closure Period as Compatible
Measures to WCFPC CMM 2014-01
• BAC No. 253 (Series of 2014) Moratorium on the Issuance of
Commercial Fishing Vessel and Gear License and Other Clearances
• BAC No. 252 (Series of 2014) Rules and Regulations Governing
Distant-Water Fishing by Philippine-Flagged Fishing Vessel
• BFAR AC No. 251 (Series of 2014) Traceability System for Fish and
Fishery Products
• DA-DILG Joint Administrative Order (JAO) No. 2 (Series of
2014) Establishing a Closed Season for the Conservation of Small
Pelagic Fishes in Davao Gulf
• FAO 246 (Series of 2013) Banning the Operation of Danish Seine
and Modified Danish Seine in Philippine Waters
• BFAR AC No 248 (Series of 2013) Size Regulation for Sea
Cucumber Collection and Trade
• BFAR AC No. 247 (Series of 2013) Conservation of the Ludong in
Northern Luzon
• FAO 245-1 (Series 2013) Regulations and Implementing Guidelines
on Group Tuna Purse Seine Operations in High Seas Pocket
Number 1 as Special Management Area
• FAO 236-2 (Series of 2013) Extension of FAO 236 series of 2010 or
the Rules and Regulation on the Operation of Purse Seine and Ring
Net Vessels Using Fish Aggregating Devices (FADs) Locally known

MENDING NETS Third Edition 7

 as Payaos During the FAD Closure Period as Compatible Measures
to WCFPC CMM 2012-01
• FAO 245 (Series of 2012) Regulation and Implementing Guidelines
on Group Tuna Purse Seine Operations in High Seas Pocket
Number 1 a Special Management Area
• FAO 197-1 (Series of 2012) Revised Rules and Regulations
governing the Lease of Public Lands for Fishpond and Mangrove-
Friendly Aquaculture
• FAO 244 (Series of 2012) National Tuna Fish Aggregating Device
(FAD) Management Policy
• FAO 243 (Series of 2012) Guideline on Environmentally Sound
Culture of the Pangasuis in the Philippines
• FAO 242 (Series of 2012) Reinstating the Ban on the Export of
Elvers
• FAO 241 (Series of 2012) Regulation and Implementation of the
Vessel Monitoring System (VMS) in the High Seas
• FAO 240 (Series of 2012) Rules and Regulation in the
Implementation of Fisheries Observer Program in the High Seas
• FAO 238 (Series of 2012) Rules and Regulation Covering the
Implementation of Council Regulation (EC) No. 1005/2008 on the
Catch Certification Scheme
• FAO 236-1 (Series of 2012) Extension of FAO 236 series of 2010:
Rules and Regulation on the Operation of Purse Seine and Ring Net
Vessels Using Fish Aggregating Devices (FADs) Locally known as
Payaos During the FAD Closure Period as Compatible Measures to
WCFPC CMM 2008-01
• FAO 233-2 (Series of 2012) Amending Section 1 and Section 35.1E
of Fisheries Administrative Order No. 233, series of 2010
• FGMD No. 001-A (Series of 2012) Amending Fisheries General
Memorandum Order No. 001 series of 2011 on the Pre and Post
Border Requirements in the Application of SPS Clearance for
Importation of Fish/Fishery Products from Japan
• FAO 231-1 (Series of 2011) Amending Fisheries Administrative
Order No. 233, series of 2010
• DA-DILG JAO Order No. 1 (Series of 2011) Establishing a Closed
Season for the Conservation of Sardines in East Sulu Sea, Basilan
Strait and Subuguey Bay
• FGMO 001 (Series of 2011) Pre and Post Border Requirements
in Application of SPS Clearance for Importation of Fish/Fishery
Products from Japan
• FAO 237 (Series of 2010) Regulations Requiring the Installation
of Juvenile and Trash fish Excluder Device (JTED) in Trawls in
Philippine Waters
• FAO 236 (Series of 2010) Rules and Regulation on the Operation of
Purse Seine and Ring Net Vessels Using Fish Aggregating Devices

8 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
(FADs) Locally known as Payaos During the FAD Closure Period as
Compatible Measures to WCFPC CMM 2008-1
• FAO 235 (Series of 2010) Safety and Quality Control Standard for
PSP
• FAO 234 (Series of 2010) Accreditation of Marine Biotoxin Testing
Center
• FAO 233 (Series of 2010) Aquatic Wildlife Conservation
• FAO 232 (Series of 2010) Limiting Commercial Fishing in Manila
Bay
• DA-AO No. 9 (Series of 2010) Rules & Regulations on the
Importation of Plant, Plant products, Animals, animal products and
by-products.
• FAO 230 (Series of 2009) Allowing the Importation and Culture of
the Brood stock and Post Larvae of Specific Pathogen Free/Specific
Pathogen Resistant (SPF/SPR) Black Tiger Shrimp, Penaeus
Monodon and the Culture of the Offspring thereof
• FAO 230-1 (Series of 2009) Guidelines for the Importation and
Culture of the Broodstock and/ Postlarvae of Specific Pathogen
Free/Specific Pathogen Resistant (SPF/SFR) Black Tiger Shrimp
(Panaeus monodon) and Culture of Offspring thereof
• FAO 225-1 (Series of 2007) Guidelines for the Importation of the
Broodstock of Pacific White Shrimo (penaeus vannamei)
• FAO 225 (Series of 2007) Allowing the Importation of the Brood
Stock of Pacific White Shrimp, Penaeus vannamei, and the Culture
of the Offspring Thereof
• FAO 223-1 (Series of 2004) Amending Sec. 1 and 2 of FAO No. 223,
Series of 2003 Re: Moratorium on the Issuance of New Commercial
Fishing Vessel and Gear License (CFVGL)
• FAO 224 (Series of 2004) Establishment of Tuna Productivity
Project in Davao Gulf
• DA AO No. 01 (Series of 2004) Guidelines for Delineating/
Delimiting Municipal Waters for Municipalities and Cities without
Offshore Islands
• FAO 221 (Series of 2003) Further Regulating the Importation of
Live Fish and Fishery/Aquatic Products under FAO No. 135 s. 1981
to Include Microorganisms and Biomolecules
• FAO 223 (Series of 2003) Moratorium on the Issuance of New
Commercial Fishing Vessel and Gear License (CFVGL) as Part of a
Precautionary Approach to Fisheries Management
• FAO 206 (Series of 2001) Disposal of Confiscated Fish and Other
Items in Fishing through Explosives and Noxious or Poisonous
Substances
• FAO 207 (Series of 2001) Prohibiting the Importation and Culture
• of Imported Live Shrimp and Prawn of All Stages (see FAO 189 s.
1993: Prohibiting the Importation of Live Shrimp and Prawn of All

MENDING NETS Third Edition 9

 Stages)
• FAO 208 (Series of 2001) Conservation of Rare, Threatened and
• Endangered Fishery Species (see FAO 185 s. 1992: Ban on Taking
or Catching, Selling, Purchasing, Possessing, Transporting and
Exporting of Dolphins)
• FAO 209 (Series of 2001) Guidelines on the Production and
Transportation of Shellfish for Implementation of the Local
Government
• FAO 210 (Series of 2001) Rules and Regulations on the Exportation
of Fresh, Chilled and Frozen Fish and Fishery/Aquatic Products
(see FAO 162 s. 1986: Rules and Regulations Governing the Issuance
of Permit for the Exportation of Live Mud Crabs or Alimango
(Scylla serrata);
• FAO 168 (Series 1990) Rules and Regulations Governing the
Gathering, Culture and Exportation of Shelled Mollusks [Phylum
Mollusca])
• FAO 212 (Series of 2001) Guidelines on the Implementation of
Hazard Analysis Critical Control Point (HACCP) System
• FAO 213 (Series of 2001) Establishment and Maintenance of
BFAR’s Quality Control Laboratories and Collection of Fees and
Charges for Examination Services
• FAO 214 (Series of 2001) Code of Practice for Aquaculture
(see FAO 160 s. 1986: Rules and Regulations Governing the
Construction, Establishment or Operation of FishpensFish pens
and Fish Cages in Philippines;
• FAO 161 s. 1986: Revised Rules and Regulations Governing the
Issuance of Lease for Pearl Culture; FAO 168 s. 1990: Rules and
Regulations Governing the Gathering, Culture and Exportation of
Shelled Mollusks [Phylum Mollusca])
• FAO 216 (Series of 2001) Obstruction to Navigation in Streams,
Rivers, Lakes and Bays
• FAO 217 (Series of 2001) Obstruction to Defined Migration Paths
• FAO 218 (Series of 2001) Yearly Report on Aquaculture Projects
• FAO 198 (Series of 2000) Rules and Regulations on Commercial
Fishing (see FAO 156 s. 1986: Covers Regulations Prohibiting
the Operation of Commercial Trawl and Purse Seine in Marine
Water Areas Within a Distance of Seven Kilometers from the
Shoreline; FAO 188 s. 1993: Regulations Governing the Operation
of Commercial Fishing Boats in Philippine Waters Using Tuna
Purse Seine Nets; FAO 190 s. 1994: Regulations Governing Pa-aling
Fishing Operation in Philippine Waters)
• FAO 202 (Series of 2000) Ban on Coral Exploitation and
Exportation (see FAO 184 s. 1992: Guidelines on the Experimental
Collection of Precious and Semi-precious Corals in Philippine
Waters)

10 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
• FAO 203 (Series of 2000) Banning Fishing by means of “Muro-
ami” and the Like Destructive to Coral Reefs and Other Marine
Habitats (see FAO 163 s. 1986: Prohibition on the Operation of
“Muro-ami” and “Kayakas” in All Philippine Waters)
• FAO 204 (Series of 2000) Restriction on the Use of Superlights in
Fishing
• FAO 199 (Series of 2000) Guidelines on Fish Transshipment
• FAO 200 (Series of 2000) Guidelines and Procedures in
Implementing Section 87 of the Philippine Fisheries Code of 1998
• FAO 201 (Series of 2000) Ban on Fishing with Active Gear (see
FAO 156 s. 1986: Guidelines and Procedures in the Effective
Implementation of Letter of Instruction [LOI] No. 1328; FAO
188 s.1993: Regulations Governing the Operation of Commercial
Fishing Boats in Philippine Waters Using Tuna Purse Seine Nets;
FAO 190 s. 1994: Regulations Governing Pa-aling Fishing Operation
in Philippine Waters)
• FAO 197 (Series of 2000) Rules and Regulations Governing the
Lease of Public Lands for Fishponds Development (see FAO 125
s. 1979: Rules and Regulations Governing Conversion of Ordinary
Fishpond Permits and Ten (10) Year Fishpond Lease Agreements
into Twenty-Five (25) Year Fishpond Lease Agreements and Other
Related Matters)
• FAO 196 (Series of 2000) Guidelines on the Creation and
Implementation of Fisheries and Aquatic Resources Management
Councils (FARMCs)
• FAO 195 (Series of 1999) Rules and Regulations Governing
Importation of Fresh/Chilled/Frozen Fish and Fishery/Aquatic
Products (see FAO 183: Prohibiting the Importation of Yellow Fin
Tuna and Tuna Products from Certain Countries)
• FAO 193 (Series of 1998) Ban on the Taking, Catching, Selling,
Purchasing and Possessing, Transporting and Exporting of Whale
Sharks and Manta Rays
• FAO 164 (Series of 1997) Rules and Regulations Governing the
Operation of Hulbot-Hulbot in the Philippines Waters
• FAO 191 (Series of 1994) Employment of Foreign Crew Members
Aboard Highly Specialized Commercial Fishing Vessels
• FAO 190 (Series of 1994) Regulations Governing Pa-aling Fishing
Operation in Philippine Waters
• FAO 155-1 (Series of 1994) Amending Section 2 of FAO No. 155,
Regulating the Use of Fine-meshed Nets in Fishing
• FAO 189 (Series of 1993) Prohibiting the Importation of Live
Shrimp and Prawn of All Stages
• FAO 188 (Series of 1993) Regulations Governing the Operation of
Commercial Fishing Boats in Philippine Waters Using Tuna Purse
Seine Nets

MENDING NETS Third Edition 11

• FAO 185 (Series of 1992) Ban on Taking or Catching, Selling,
Purchasing, Possessing, Transporting and Exporting of Dolphins
• FAO 184 (Series of 1992) Guidelines on the Experimental
Collection of Precious and Semi-precious Corals in Philippine
Waters
• FAO 183-1 (Series of 1992) Amending Section 1 of FAO 183 s.1992
• FAO 183 (Series of 1992) Prohibiting the Importation of Yellow Fin
Tuna and Tuna Products from Certain Countries
• FAO 173-1 (Series of 1991) Amending Section 1 of FAO No. 173 s.
1991, Banning the Exportation of Bangus Fingerlings (Hatirin)
• FAO 173 (Series of 1991) Banning the Exportation of Bangus
Fingerlings (Hatirin)
• FAO 168 (Series of 1990) Rules and Regulations Governing the
Gathering, Culture and Exportation of Shelled Mollusks (Phylum
Mollusca)
• FAO 163 (Series of 1986) Prohibiting the Operation of “Muro-ami”
and “Kayakas” in All Philippine Waters
• FAO 162 (Series of 1986) Rules and Regulations Governing the
Issuance of Permit for the Exportation of Live Mud Crabs or
Alimango (Scylla serrata)
• FAO 161 (Series of 1986) Revised Rules and Regulations Governing
the Issuance of Lease for Pearl Culture
• FAO 160 (Series of 1986) Rules and Regulations Governing the
Construction, Establishment or Operation of FishpensFish pens
and FishcagesFish cages in the Philippines
• FAO 158 (Series of 1986) Prohibition on the Gathering, Taking,
Conducting, Selling, Transporting, or Possessing for Sale of
Mollusks Belonging to the Genus Triton charonia and Cassis
• FAO 156-1 (Series of 1986) Prohibition on the Gathering, Taking,
Collecting, Selling, Transporting, or Possessing of Mollusk
Belonging to the Genus Triton and Cassis
• FAO 156 (Series of 1986) Guidelines and Procedures in the
Effective Implementation of LOI No. 1328 (covers regulations
prohibiting the operation of commercial trawl and purse seine in
marine water areas within a distance of 7 km from the shoreline)
• FAO 155 (Series of 1986) Regulating the Use of Fine-meshed Nets
in Fishing
• FAO 125 Rules and Regulations Governing Conversion of Ordinary
Fishpond Permits and Ten (10) Year Fishpond Lease Agreements
into Twenty-Five (25) Year Fishpond Lease Agreements and Other
Related Matters
• FAO 88 (Series of 1968) Regulations for the Conservation of
Turtles, Turtle Eggs and Turtle Shells in the Philippines
• FAO 76 Regulations Governing the Collecting and Gathering of
Marine Turtles

12 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
• FAO 68 (Series of 1968) Amending Section 2 of FAO No. 36,
prohibiting the Killing, Gathering, Possessing and Selling of Marine
Turtles
• FAO 36 Establishing a Closed Season Period for the Gathering or
Killing of Marine Turtles, Turtle Eggs and Turtle Shells
• FGMO No. 2 Requirements for the Export of Live Aquatic Animals,
Crustaceans, Fish and Invertebrates

Department of Environment and Natural Resources (DENR)

Administrative Orders (DAOs) and Circulars
• DENR AO 282 (Series of 2010: ) Intensifying the Protection of the
WhaleShark (Rhincodon typus), Popularly known as “Butanding”
in the Philippine Waters
• Joint DA-DENR-DILG AO No. 1 s. 2008: Defining/Identifying
the Areas of Cooperation and Collaboration among the Department
of Agriculture, DENR and DILG in the Planning, Management
and Control of Aquaculture Development to Mitigate Impacts on
the Environment (Series of 1997) Setting of Moratorium on the
Deployment of Artificial Reefs Nationwide
• DAO 20 (Series of 2007) Rules and Regulations governing the
issuance of permit over reclamation projects and Special Patents
over reclaimed lands
• DAO 17 (Series of 2007) Rules and Regulations governing Special
Uses within Protected Areas
(provisions on sustainable ecotourism, irrigation/waterways and
aquaculture within Protected Areas)
• DMC 1 (Series of 2006) Non-titling of lands and areas suitable for fishery
purposes/operations even within alienable and disposable (A&D) lands
• DAO 24 (Series of 2005) Guidelines on the grant of Coastal Area
Special Use Agreement
(temporarily suspended by DMC 2006-86 and SO 2006-467
authorizing the conduct of workshops in Luzon, Visayas and
Mindanao re: DAO 2005-24)
• DMC Jan. 5, 2006, Re: Cancellation of all existing IFMA, ITPLA,
SIFMA & CBFMA subject to certain exceptions
(superseded by DENR Special Order 2006 – 371 re: Creating a
DENR Committee on Appeals to review and evaluate appeals of
cancelled ITPLAs, IFMAs SIFMAs and CBFMAs)
• DMC Nov. 30, 2005, Re: Cancellation of CBFMAs with low or
unsatisfactory performance rating
(superseded by DENR Special Order 2006 – 371 re: Creating a
DENR Committee on Appeals to review and evaluate appeals of
cancelled ITPLAs, IFMAs SIFMAs and CBFMAs)

MENDING NETS Third Edition 13

• Joint DENR-DA-PCSD AO No. 01 (Series of 2004) Joint
Implementing Rules and Regulations (IRR) Pursuant to Republic
Act No. 9147: “An Act Providing for the Conservation and
Protection of Wildlife Resources and their Habitats, Appropriating
Funds Therefor and for Other Purposes”
• Memorandum Circular No. 2004-01 (Series of 2004) Providing
for the Guidelines in the Collection, Deposit and Distribution of
Management/Service/Environmental User’s Fee on the Extraction
of Seabed Dredgefill Materials for Government Reclamation
Projects
• Joint DENR-NCIP Memorandum Circular No. 2003-01 (Series
of 2003) Harmonization of the Implementation of the Indigenous
People Rights Act (IPRA) and Environment and Natural Resources
(ENR) Laws and Policies
• DAO 30 (Series of 2003) Implementing Rules and Regulations
(IRR) for the Philippine Environmental Impact Statement (EIS)
System
• DAO 7 (Series of 2003) Revocation of DENR AO 17 s. 2000 (DAO 17
provides guidelines for the delineation of municipal waters)
• DAO 6 (Series of 2003) Revocation of DENR AO No. 2000-83 and
Memorandum Circular 2001-05
(Revokes regulations governing management and development
of small islands and their coastal areas, and lifts the moratorium
[dated 6 July 1999] on the disposition and granting of any title,
concession, permit or lease on all small islands nationwide)
• DAO 2 (Series of 2001) Amending Relevant Provisions of DAO
2000-68, Institutionalizing the Directorate on Special Projects for
Water and Integrated Ecosystems Management and Development
(DSPWIEMD) and DAO No. 2000-70, Suspending DAO 2000-68
and Including Biodiversity Conservation Programs and Projects
Within the Protected Areas and Wildlife Bureau (PAWB)
(DENR’s coastal and marine resource management and
development program and biodiversity conservation programs/
projects/activities are institutionalized under PAWB.)
• DA-DENR Joint Memorandum Order No. 1 (Series of 2000)
Identifying/Defining Areas of Cooperation and Collaboration
between the DA and DENR in the Implementation of RA 8550, the
Philippine Fisheries Code
• DAO 83 (Series of 2000) Guidelines for the Management and
Development of Small Islands, including Its Coastal Areas
• DAO 68 (Series of 2000) Institutionalization of the DSPWIEMD
and Related Functions
• DAO 57 (Series of 2000) Guidelines Governing the Implementation
and Management of Mangrove Sub-projects under the Forestry
Sector Project

14 Chapter 1 Legal Bases

• DAO 35 (Series of 1999) Revised Guidelines in the Implementation

CHAPTER 1:
Legal Bases
of the Resource Use Permit in Community-based Forest
Management (CBFM) Program
• DAO 17 (Series of 1999) Updating DAO No. 35 s. 1990, otherwise

• DAO 10 (Series of 1998) Guidelines on the Establishment and

Management of CBFM Projects within Mangrove Areas
• Memorandum Circular 06 (Series of 1998) Guidelines in Water
Quality Monitoring
• DAO 39 (Series of 1997) Chemical Control Order for Cyanide and
Cyanide Compounds
• DAO 32 (Series of 1997) Rules for Adjudication of Illegal Forest
Products
• DAO 27 (Series of 1997) Amendment of Section 15 (Transitory
Provisions) of DAO No. 96-20, also known as the Implementing
Rules and Regulations on the Prospecting of Biological and Genetic
Resources
• DAO 17 (Series of 1997) Establishing the Disposition Program
for Confiscated and Donated Wildlife in the Custody of DENR
Wildlife Rescue Centers and Similar DENR Facilities and Providing
Guidelines Thereof
• DAO 5 (Series of 1997) Procedures in the Retention of Areas within
CBFM Areas
• DAO 37 (Series of 1996) Revising DENR AO No. 21 s. 1992, Further
Strengthening the Implementation of the EIS System
• DAO 29 (Series of 1996) Rules and Regulations for the
Implementation of EO 263, Otherwise Known as the Community–
based Forest Management Strategy (CBFMS)
• DAO 20 (Series of 1996) Implementing Rules and Regulations on
the Prospecting of Biological and Genetic Resources
• DAO 3 (Series of 1996) Implementing Guidelines on the Granting
of Preferential Treatment to Small Fisherfolk Relative to the 15-km
Municipal Waters
• DAO 19 (Series of 1993) Establishing the Coastal Environment
Program (CEP) and Providing Funds Therefor
• DAO 25 (Series of 1992) National Integrated Protected Areas
System (NIPAS) Implementing Rules and Regulations
• DAO 17 (Series of 1992) Delineation of Functions and
Implementation of the Integrated Social Forestry Program After
the Devolution of Functions to the Local Government Units (LGUs)
• DAO 55 (Series of 1991) Declaring Dugong or Sea Cow (Dugong
dugon) as Protected Marine Mammal of the Philippines
• DAO 48 (Series of 1991) Establishment of a National List of
Rare (R), Endangered (E), Threatened (T), Vulnerable (V),

Philippine Wild Birds, Mammals and Reptiles

MENDING NETS Third Edition 15

 • DAO 34 (Series of 1991) Guidelines for Issuance of Environmental
Compliance Certificates (ECCs) for Fishpond Development
• DAO 3 (Series of 1991) Policy and Guidelines for the Award and
Administration of the Mangrove Stewardship Agreement
• DA-DENR General Memorandum Order No. 3 (Series of 1991)
Guidelines for Cancellation and Reversion of Foreshore Lease
Agreements (FLAs) into Mangrove Forestlands
• DAO 15 (Series of 1990) Regulations Governing Management of
Mangroves
• DAO 7 (Series of 1989) Suspending Acceptance of Prospecting
Permits in Reservations
• DAO 76 (Series of 1987) Establishing Buffer Zones in Coastal and
Estuarine Mangrove Areas
• MNR (Ministry of Natural Resources) AO 42 (Series of 1986)
Expanding Mangrove Buffer Zones in Typhoon Prone Areas
• MNR Memorandum (1982) Management Authority over Marine
Turtles
• MNR Memorandum Order 6 (Series of 1982) Suspension of
Permits on Maritime Turtle Exploitation
• MNR Special Order 201 (1980) Creation of an Implementing
Organization of the Pawikan Task Force to Implement the Pawikan
Conservation Program of the Philippines
• MNR AO 12 (Series of 1979) Regulations for the Conservation of
Marine Turtles
• Bureau of Forestry Development Circular 2 (Series of 1979)
Regulations for the Conservation of Marine Turtles in the Philippines
• Bureau of Forestry AO 1 (Series of 1974) Regulations Governing
the Collecting, Gathering and/or Disposing of Marine Turtles,
Turtle Eggs and Its By-Products

Department of the Interior and Local Government (DILG)

Memorandum Circulars (MC)
• Joint DENR-DA-DILG (Department of the Interior and Local
Government)-DND (Department of National Defense) AO No.
01 s. 2008
• Joint DENR-DILG MC No. 2003-01 Strengthening and
Institutionalizing the DENR-DILG-LGU Partnership on Devolved
and other Forest Management Functions
• DILG MC 129 (Series of 2002) Banning the Use of Compressor as
Breathing Apparatus in All Fishing Activities
(“Enjoins” LGUs to enact local ordinances that ban the use of
compressors as breathing apparatus in all fishing activities)

Department of Justice (DOJ)

• DOJ Opinion No. 23 (Series of 1994) (interpreting RA 7161, the

16 Chapter 1 Legal Bases

 CHAPTER 1:
Legal Bases
prohibition on all types of cutting of mangroves, which is in conflict
with DENR DAO 10, Series of 1998 allowing the harvesting of
plantation mangroves)

Philippine National Police

• Memorandum of Agreement (MOA) with the DENR, November 10,
2003, Establishing the Police Environment Desk Officer (PEDO)
nationwide

Office of the Ombudsman

• Office Order Nos. 57 and 25 (Series of 2008) Creating a Task
Force for Environmental Concerns
• Office Order No. 16 (Series of 2004) Creating the Office of the
Environmental Ombudsman

Philippine Reclamation Authority (PRA)

• PRA AO No.1 (Series of 2005) Special Registration of
Unauthorized/ Illegal Reclamation Projects

SUPREME COURT ISSUANCES

Supreme Court issuances are acts of the High Court designed to
govern the implementation of rules of procedures to be implemented
in all courts within the country.
The following issuances are relevant to the prosecution of fishery
violations:
• AO No. 23 (Series of 2008) Designation of Special Courts to Hear,
Try and Decide Environmental Cases
• Administrative Memorandum No. 05-8-26-SC (2005)
Amendment of Rules 112 and 114 of the Revised Rules on Criminal
Procedure by Removing the Conduct of Preliminary Investigation
from Judges of the First Level Courts
• Administrative Memorandum No. 03-1-09-SC (2004)
Guidelines to be observed by Trial Court Judges and Clerks of
Court in the conduct of Pre-trial and use of Deposition-Discovery
measures

ORDINANCES OF LOCAL GOVERNMENT UNITS

Ordinances are the legislative enactments of the respective
Sanggunian (council) of LGUs. The power of LGUs to enact ordinances
is based on the Local Government Code (RA 7160). Although
ordinances issued by LGUs must not contravene any law passed by
Congress, such ordinances may address local concerns that national
laws fail to deal with. They are vital, as they may plug in gaps in statutes
or orders, especially related to problems particular to a province or
municipality that national laws do not respond to.

MENDING NETS Third Edition 17

 An application of this is the ban on the use of compressors in
fishing. While there is no express prohibition in RA 10654 regarding
the use of compressors in fishing, it is commonly known that they are
employed as breathing device by fishers using cyanide, which is by itself
destructive and prohibited by law. Another concern raised is the use of
compressors as a breathing device which is detrimental to the health
of fishers and fish workers.. Several cities and municipalities have filled
the gap left by RA 10654 by enacting ordinances that ban the mere
possession of compressors on board a banca, or by a fisherfolk.
Ordinances, when carefully crafted, may also prove to be a greater
deterrent for coastal law offenders, even though under RA 7160, the
maximum imposable penalty by legal ordinance is only a fine of P2,500
and imprisonment of six months. Violations of RA 10654 are often
penalized by a fine and/or imprisonment; the court, at its discretion,
usually imposes only a minimal fine. Violators are not deterred from
criminal acts, and usually even plead guilty to the crimes, because the
fine is a very small fraction of their profit from illegal activities.
Local government units, on the other hand, may enact fishery
ordinances with a minimum penalty of both fine and imprisonment,
leaving no discretion to the court. This will ensure that violators not
only pay the fine, but are also imprisoned when they plead guilty. To
increase the amount of the fine, and thereby discourage violators
from committing the crime again, the P2,500-maximum fine may
be imposed per individual just as RA 10654 does (e.g. for each crew
member in a fleet of illegal commercial fishing vessels) instead of per
violation. Aside from this, the ordinance may also include as penalty
the confiscation of fishing vessels and all its appurtenances, fishing
gears, and fish catch to prevent offenders from using these in other
crimes.
Penalties imposed accrue exclusively and automatically to the
municipal treasury (RA 7160, sec. 18).

18 Chapter 1 Legal Bases

CHAPTER 2
Prohibited Acts and Penalties

A
s the primary law on fisheries, Republic Act (RA) 10654, is
usually referred to in determining what acts are prohibited
or regulated. This law and its implementing rules and
regulations (IRR) integrate most of the coastal laws
previously issued and provide penalties for a wide range of offenses.
This chapter divides the prohibitions/regulations and penalties
in RA 10654, into four main categories for easier reference: based on
fishing method employed, based on location of fishery activity, based on
resource exploited, and other prohibited/regulated acts.
This classification is based on the major elements of the offenses
associated with the prohibited acts of RA 10654. For example,
commercial fishing with all the necessary permits is not a crime unless
it is done within the first 10 km of municipal waters. A major element
of the offense, therefore, is where the fishing was done; commercial
fishing within municipal waters (Sec. 86) has been classified in this
chapter under Prohibitions Based on Location of Fishery Activity.
All provisions cited are from RA 10654, unless otherwise indicated. A
section citing other legal issuances that may affect the coastal environment
and its resources is also included to provide a background on other laws that
may be used to prosecute violations covered or not covered by RA 10654.

PROHIBITIONS/REGULATIONS UNDER RA 10654

A. Based on Fishing Method Employed

1. Section 92, paragraph (a) - Actual Use of Explosives, Noxious

or Poisonous Substances and/or Electricity for Illegal Fishing
(See FAO 206 Series of 2001)
Administrative
Elements Criminal Penalty
Penalty
Fishing with explosives (Sec. 3, • confiscation of
par. 42) • Imprisonment of catch including
Two modes of fishing with the use of 5-10 years those not caught
explosives: illegally if co-
First: mingled with those
ÎThe use of dynamite, fertilizer caught illegally
explosive, other explosives or • confiscation of
other chemical compounds gear, explosives
ÎThat contain combustible and noxious
elements or ingredients • Forfeiture of gear, or poisonous
ÎWhich upon ignition by friction, explosives, noxious substances, or
concussion, percussion or or poisonous electrofishing
detonation of all or parts of the
MENDING NETS
substances and/
Thirddevices
Edition and 23
compound or electrofishing paraphernalia and
 Two modes of fishing with the use of 5-10 years those not caught
explosives: illegally if co-
First: mingled with those
ÎThe use of dynamite, fertilizer caught illegally
explosive, other explosives or • confiscation of
other chemical compounds gear, explosives
ÎThat contain combustible and noxious
elements or ingredients • Forfeiture of gear, or poisonous
ÎWhich upon ignition by friction, explosives, noxious substances, or
concussion, percussion or or poisonous electrofishing
detonation of all or parts of the substances and/ devices and
compound or electrofishing paraphernalia and
ÎWill kill, stupefy, disable or render devices and gear
unconscious any fishery species paraphernalia, • administrative fine
Second: fishing equipment equivalent to five
ÎThe use of any other substance and catch including (5) times the value
and/or device those not caught of the catch or
ÎWhich causes an explosion that illegally if co-mingled the amount of fine
is capable of producing the said with those caught indicated below
harmful effects illegally whichever is higher:
ÎOn any fishery species and (1) P30,000.00
aquatic resources and capable of for municipal
damaging and altering the natural fishing;
habitat (2) P300,000.00
Fishing with noxious or for small-scale
poisonous substances commercial
(Sec. 3, par. 43) fishing;
ÎThe use of any substance, (3) P1,500,000.00
plant extracts or juice thereof, for medium
sodium cyanide and/or cyanide scale
compounds or other chemicals commercial
ÎEither in a raw or processed form fishing; and
ÎHarmful or harmless to human (4) P3,000,000.00
beings for large scale
ÎWhich will kill or stupefy, disable commercial
or render unconscious any fishery fishing.
species and aquatic resources
ÎAnd capable of damaging and
altering the natural habitat
Electrofishing (Sec. 3, par. 16) • Imprisonment of six
ÎThe use of electricity generated by (6) months and fine
batteries, electric generators and of P5,000.00w
other sources of electric power
ÎTo kill, stupefy, disable or render
unconscious fishery species
whether or not the same are
subsequently recovered

Exceptions:
The Department of Agriculture subject to such safeguards and
conditions deemed necessary and with the endorsement from the
concerned LGUs, may allow, for research, educational or scientific
purposes only, the use of 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 and pests in
fishponds in accordance with accepted scientific practices and without
causing adverse environmental impact in neighboring waters and

24 Chapter 2 Prohibited Acts and Penalties

grounds shall not be construed as illegal fishing.
This prohibition is not limited to dynamite or cyanide fishing. As
long as the substances used fall within the definition of “explosives”
and “noxious and poisonous substances”, the prohibition applies.
Fish samples should be brought immediately to the laboratory for

CHAPTER 2: Prohibited
analysis (see guidelines in Annex 1: Preservation of Evidence).

Acts and Penalties

Are blasting caps “explosives”?
Yes. The definition of “explosives” in Sec. 3, par. 42 of RA 10654 is
broad enough to include blasting caps.
Then Secretary of Justice Serafin Cuevas, in Department of Justice
Resolution No. 137 s. 1999 (respecting the case of SPO1 Rolando T.
Amurao R.C., Palawan Provincial Command vs. Roger Aganan, I.S. No.
96-117, for Illegal Possession of Explosives Intended for Illegal
Fishing) explicitly ruled that: “… blasting caps contain highly
combustible elements. They are thus within the context of the 3rd
paragraph of Section 33 of Presidential Decree No. 704.”

Is it always necessary to catch violators in the act of fishing for

this prohibition to apply?
No. Sec. 92, par. (a) states that the discovery of dynamite, other
explosives and chemical compounds which contain combustible
elements, or noxious or poisonous substances, or equipment or device
for electrofishing on board a fishing vessel, or in the possession of
any fisherfolk, boat operator, fishing boat official or fish worker
constitutes prima facie evidence that the same were used for illegal fishing.
The same provision also states that discovery in any fishing vessel
of fish caught or killed with the use of explosives, noxious or poisonous
substances or by electricity shall constitutes prima facie evidence that
the fisherfolk, boat operator, boat official or fish worker is fishing with
the use thereof.

What does “prima facie” evidence mean?

Prima facie evidence is evidence that establishes a fact and that,
unless rebutted or explained, becomes conclusive and is considered as
proved. This amount of evidence is sufficient to counterbalance the general
presumption of innocence and warrant a conviction, if not contradicted by
other evidence that renders the fact improbable. (Regalado, 2000).
Department of Environment and Natural Resources Administrative
Order (DENR DAO) 39 s. 1997 (Chemical Control Order for Cyanide
and Cyanide Compounds) may prove useful for enforcing the
prohibitions on cyanide fishing.
Separate criminal cases with their respective penalties can also be
filed against the violator when the use of such explosives, noxious or
poisonous substances and/or electrofishing devices result in physical

MENDING NETS Third Edition 25

injury or loss of human life.

2. Section 92, paragraph (b) - Mere Possession of Explosives,

Noxious or Poisonous Substances for Illegal Fishing

Elements Criminal Penalty Administrative Penalty

Explosives, noxious or • Imprisonment of 6 • confiscation of

poisonous substances and/ months to 2 years catch, gear, and
or electrofishing devices and fine equivalent • administrative fine
were discovered not on to twice the amount equivalent to five (5) times
board a fishing vessel of the administrative the value of the catch or
Explosives, noxious or fine the amount indicated
poisonous substances • Forfeiture of below whichever is higher:
and/or electrofishing explosives, noxious (1) P10,000.00 for
devices were found in the or poisonous municipal fishing;
possession of persons substances and/ (2) P100,000.00
other than fisherfolk, or electrofishing for small-scale
boat operator, fishing devices, catch and commercial fishing;
boat official or fish gear (3) P500,000.00 for
worker medium scale
Explosives, noxious or commercial fishing;
poisonous substances and/ and
or electrofishing devices (4) P1,000,000.00
were used or are to be for large scale
used for illegal fishing commercial fishing.

paragraph (a) and Section 92 paragraph (b)?

In paragraph (a), possession of explosives, noxious or poisonous
substances and/or electrofishing devices is by fisherfolk, operator,

may also be the mere discovery of these materials on board any

fishing vessel. “Possession” under paragraph (a) is enough evidence to
presume that the materials were used for fishing in violation of RA
10654. Under paragraph (b), the materials are discovered in the
possession of persons who are not fisherfolk, operator, fishing boat

Why is it important to determine who is in possession and

whether possession is on board a fishing vessel or not?

fish worker, or on board a fishing vessel is prima facie evidence of actual use,
it is meted a much higher penalty than mere possession (as defined above).

How should confiscated fish be disposed of?

Those deemed fit for human consumption may be donated to
charitable or penal institutions, provided that these institutions
execute a promissory note of their willingness to return the value

26 Chapter 2 Prohibited Acts and Penalties

of the catch upon acquittal of the accused. Fish not deemed fit for
human consumption, especially those caught by cyanide or other
noxious substances, are to be discarded by the apprehending officer
in the presence of a third ranking officer of the Bureau of Fisheries
and Aquatic Resources (BFAR), a representative of the Office of the

CHAPTER 2: Prohibited
Prosecutor, or the Philippine National Police. The disposal process

Acts and Penalties

must be documented properly.

Who examines the illegally caught fish?

Samples of fish caught in blast fishing cases are brought to a
fish examiner at the nearest BFAR office, Provincial Fishery Office,
Municipal Agriculture Office or to any municipal health office or crime/
hospital laboratory for examination. In cases of fish caught using
noxious substances, samples must be brought to the BFAR Laboratory
or any government crime/hospital laboratory for examination. (FAO
206) (For further guidelines, see Annex 1: Preservation of Evidence).

3. Section 93 - Use of Fine Mesh Net

(See FAO 155 s. 1986 and FAO 155-1 s. 1994)

Elements Criminal Penalty Administrative Penalty

ÎThe mesh size of • Imprisonment of 6 months • confiscation of the catch;

nets is smaller than to 2 years; and/or • confiscation of fishing
that allowed by • Fine equivalent to twice gear, and
the Department of the administrative fine and • administrative fine
Agriculture (DA) confiscation of catch and equivalent to three
ÎSuch nets are used gear (3) times the value of
to engage in fishing the catch or the value
ÎThe fisheries species indicated below, whichever
gathered are not fry, is higher:
glass eels, elvers, (1) P20,000.00 for
tabios, alamang and municipal fishing:
other species which Provided, That if the
by their nature are municipal fisherfolk
small but mature, to fails to pay the fine, he
be identified by DA shall render community
service;
(2) P50,000.00 for small-
scale commercial
fishing;
(3) P100,000.00 for
medium-scale
commercial fishing;
(4) P200,000.00 for
large-scale commercial
fishing.

Fine-mesh nets are currently defined as those with mesh sizes

less than 3 cm between 2 opposite knots of a full mesh when stretched

MENDING NETS Third Edition 27

(Sec. 4, par. 21).
If committed by a commercial fishing vessel, the boat captain or
master fisherman are criminally liable.
The owner, operator, captain or master fisherman in case
of commercial fishing vessel, or the municipal fisherfolk are
administratively liable.

Exceptions:
Allowed through a specific gear license or permit:
1. If the net is used to catch:
(a) Padas (Siganidae), bangus fry (Chanoschanos), sugpo fry
(Penaeidae), banak fry (Mugilidae), glass eels and elvers
(Anguilidae) and such other immature species for culture
purposes;
(b) Aquarium/ornamental animals; and,
(c) Other species already mature such as, but not limited
to, alamang (Acetes spp.), tabios (Pandacapygmea),
sinarapan (Mistichthysluzonen sis), dilis (Engraulidae), and
snails(Ampularialuz onica and Vivipora spp.),
2. In cases of ring nets, purse seines for sardines, mackerels and scads,
and bagnets, wherein the mesh size is 1.9 centimeters (17 knots),
measured between two opposite knots of a full mesh when stretched:
provided, however, that the operator is required to take measures to
ensure that no juvenile will be caught. (Rule 93.1, IRR of RA 10654)

4. Section 95 - Use of Active Gear in Municipal Waters, Bays and

Other Fishery Management Areas
(See FAO 201 s. 2000)
Elements Criminal Penalty Administrative Penalty

ÎFishing gear/device • Imprisonment of 2 • confiscation and forfeiture of the

is used for fishing to 6 years and fine catch and fishing gears, and
ÎFishing gear/device equivalent to twice • administrative fine equivalent
used is characterized the administrative to three (3) times the value of
by the pursuit of the fine the catch or the value indicated
target species by • Confiscation and below, whichever is higher:
towing, pushing the forfeiture of the (1) P20,000.00 for municipal
gears, surrounding, fishing gear and fishing: Provided, That if the
covering, dredging, catch offender fails to pay the fine,
and scaring the he shall render community
target species to service;
impoundments (2) P50,000.00 for small-scale
(Section 3, commercial fishing;
paragraph 44, RA (3) P100,000.00 for medium-
10654 amending RA scale commercial fishing; and
8550) (4) P500,000.00 for large-scale
commercial fishing.

28 Chapter 2 Prohibited Acts and Penalties

 Exceptions. –The following gears are not covered by the
prohibition:

1. Gill nets, other than bottom-set gill nets, not more than 500
meters in length per boat used by registered municipal fisherfolk,

CHAPTER 2: Prohibited
which shall be regulated by the LGU;

Acts and Penalties

2. “Sudsud” or push net used to catch Acetes sp. “alamang” and
Stolephorus sp. “dilis,” which is operated by a registered municipal
fisherfolk/fisherfolk cooperative/association, either manually or
by the use of a registered and licensed municipal motorized boat
with single piston engine of not more than sixteen (16) horsepower,
during approved fishing season for the species, and covered by a
management plan duly approved by the LGU;
3. Active gears such as purse seine or “pangulong”, ring net or
“taksay” and such other gears that do not touch the sea bottom,
used by small and medium commercial fishing vessels authorized
by the LGU pursuant to Section 18 of this Code and pertinent
rules,3 to fish in the 10.1 to 15 km. of municipal waters only, as
reckoned from the general coastline. (Rule 95.2., IRR of RA
10654)
The penalty of imprisonment is imposed on the offender. If the
owner/operator is a corporation, the fine is imposed on the chief
executive officer of the corporation. If the owner/ operator is a
partnership, the fine is imposed on the managing partner.
The owner, operator, boat captain and master fisherman of the
vessel, or the chief executive officer in a corporation, or the managing
partner in a partnership are administratively liable.

Is the prohibition on active gear applicable to handheld fishing

gear used by municipal fishers?
No. Sec. 1 of FAO 201 provides that the prohibition on the use of
active gear refers to those found on fishing boats, whether municipal
or commercial, but not on fishers.

What law then can address concerns that handheld fishing gears
are destructive to the aquatic environment?
Sec. 97 of RA 10654, amending RA 8550, not only prohibits muro-
ami but also other fishing methods and gears destructive to coral
reefs, seagrass beds and other fishery marine life habitat. Destructive,
handheld fishing gears are therefore prohibited under this provision.

5. Section 97 Paragraph (a) - Ban on Muro-ami and Any of Its

Variations
(See FAO 203 s. 2000)

MENDING NETS Third Edition 29

 Elements Criminal Penalty Administrative Penalty

ÎMethod and gear • Imprisonment of 2 • fine equivalent to 5 times the

used for fishing to 10 years for the value of the fish caught or
require diving and boat captain, master P2,000,000.00, whichever is
other physical or fisherman and recruiter higher, and
mechanical acts to or organizer of the fish • confiscation of catch and
pound coral reefs workers who violate gear.
and other habitats this prohibition; and • For the fish workers who
ÎAct of pounding fine equivalent to twice serve as pounders:
coral reefs and other the amount of the (1) fine of P20,000.00 or
habitats is meant administrative fine (2) community service in
to entrap, gather or case of failure to pay
catch fish the fine

The penalty of imprisonment is imposed only on the boat captain,

master fisherman and recruiter or organizer of fish workers who violate
this prohibition.
The owner, operator, boat captain, master fisherman, and recruiter
or organizer of fish workers are administratively liable.

Determination of Other Destructive Methods and Gears. – The

following fishing gears/methods and their variations are considered
destructive to coral reefs, seagrass, seabed, and other fishery marine
life habitat:
a. Muro-ami and Kayakas; and
b. Danish Seine and modified Danish Seine. (Rule 97.1., IRR of RA
10654)

What is the difference between muro-ami and pa-aling methods

of fishing?
Muro-ami:
• A fishing method used in reef fishing
• Consists of a movable bagnet, detachable wings and scarelines
having plastic strips and iron/steel/stone weights
• Effecting fish capture by spreading the net in an area around the
reefs or shoals and
• With the use of scare lines, a cordon of fishers drive the fish towards
the waiting net while pounding the corals by means of heavy
weights like iron/steel/stone or rock, making it destructive to the
corals
(FAO 203 s. 2000, sec.1, par. [a])

Pa-aling:
• A fishing gear consisting of a net set at coral/shoal reef areas
• Whereby fish are driven towards the net by means of air bubbles
produced by compressors

30 Chapter 2 Prohibited Acts and Penalties

(FAO 190 s. 1994)
Pa-aling was meant as a non-destructive alternative to muro-ami,
as it employs basically the same method, but uses bubbles instead of
weights or stones to scare and drive the fish towards the set-in net.

CHAPTER 2: Prohibited
Why is it important to distinguish between muro-ami and pa-aling?

Acts and Penalties

Muro-ami fishing operators often raise the defense that they are
engaged in pa-aling fishing, as the latter is merely a legal variation of
the former. It is always useful to determine whether the fishing vessel
is in compliance with the provisions of FAO 190. An inventory of the
fishing equipment on board the vessel, such as the number of weights,
small boats, hoses, compressors, including the number of fish workers,
will usually not only show a violation of this FAO, but will also reveal
the true fishing operation conducted by the fishing vessel. In any case,
pa- aling is considered as active gear fishing and therefore prohibited
within municipal waters.

6. Section 97 (a) - Ban on Gear and Method which Destroy Coral

Reefs, Seagrass Beds and Other Fishery/Marine Life Habitats

Elements Criminal Penalty Administrative Penalty

ÎAny person or entity • Imprisonment of 2 • fine equivalent to 5 times

engaged in fishing to 10 years for the the value of the fish
activity boat captain, master caught or P2,000,000.00,
ÎGear and method fisherman and recruiter whichever is higher, and
used for fishing are or organizer of the fish confiscation of catch and
destructive to coral workers who violate gear.
reefs, seagrass beds this prohibition; and • For the fish workers who
and other fishery/ a fine equivalent to serve as pounders:
marine life habitats as twice the amount of the (1) fine of P20,000.00 or
may be determined administrative fine (2) community service in
by DA case of failure to pay
the fine

Is it necessary for DA to issue a listing of destructive fishing gear

before this prohibition can be enforced?
No. The phrase “as may be determined by the Department”, found
in the first paragraph of Sec. 97, actually refers to “other fishery/
marine life habitat”.
It has been argued that the phrase “as may be determined by the
Department” requires that DA first issue a list of destructive fishing
gear for this provision to be enforceable. However, the intention of
the legislature and the purpose of the law would be defeated if this
requirement is interpreted from the provision, as offenders are always
quick to modify their gear to evade technical definitions and circumvent
rules and regulations. The law is clear that as long as a fishing gear is

MENDING NETS Third Edition 31

proven to be destructive, it falls under the prohibition of Sec. 92.

7. Section 98 - Illegal Use of Superlight or Fishing Light

Attractor within Municipal Waters
(See FAO 204 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎAny person or entity • Imprisonment of 6 • fine of P20,000.00 per

engaged in fishing months to 2 years; and superlight or fishing light
ÎFishing activity is fine of P40,000.00 per attractor, and
conducted within superlight or fishing light • confiscation of catch,
municipal waters attractor superlight or fishing light
ÎSuch person or entity • Confiscation of catch, attractor and gears:
uses superlight or fishing superlight or fishing light • If the offender is a
light attractor using attractor and gears municipal fisherfolk, he
candlelight power or • Community service if may render community
intensity beyond the offender is a municipal service in lieu of fine.
standards set by the DA fisherfolk

Are there instances where superlight fishing is allowed within

municipal waters?
Yes. FAO 204 provides that a gratuitous permit may be issued
by the local chief executive, in consultation with its Fisheries and
Aquatic Resources Management Council (FARMC), to any government
or private research and educational institution for research,
experimental, educational and scientific purposes, subject to such
terms and conditions the local chief executive may deem wise to
impose. However, aside from the above exemption, superlight fishing
is prohibited within municipal waters regardless of the wattage of
the bulb. The wattage of the superlight bulb only matters for superlight
fishing outside municipal waters (FAO 204 s. 2000).

8. Section 98 - Illegal Use of Superlight or Fishing Light

Attractor Outside Municipal Waters
(See FAO 204 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎAny person or entity • Imprisonment of 6 months • fine of P20,000.00 per

engaged in fishing to 2 years; and fine of superlight or fishing
ÎFishing activity is P40,000.00 per superlight light attractor, and
conducted outside or fishing light attractor • confiscation of catch,
municipal waters • Confiscation of catch, superlight or fishing light
ÎBulb used for superlight or fishing light attractor and gears:
fishing is pursuant attractor and gears • If the offender is a
to the definition of • Community service if municipal fisherfolk, he
“superlights” beyond the offender is a municipal may render community
standards set by the DA fisherfolk service in lieu of fine.

32 Chapter 2 Prohibited Acts and Penalties

 The following specifies the allowable wattage according to the size
of the fishing boat:
• Small scale (3.1 to 20 GT): 20 KW per vessel
• Medium scale (20.1 to 150 GT): 36 KW per vessel
• Large scale (more than 150 GT): 40 KW per vessel (FAO 204 s.

CHAPTER 2: Prohibited
2000)

Acts and Penalties

Gratuitous permits to use superlight fishing outside municipal
waters may be issued by the Director of the BFAR, in consultation
with the national FARMC, to any government or private research and
educational institution for research, experimental, educational and
scientific purposes, subject to such terms and conditions the director
may deem wise to impose.

(FAO 204 s. of 2000, the implementation of which is suspended for 18

months from the effectivity of the IRR pursuant to Rule 44.1, in order
to conduct a scientific study as basis for the review thereof)

B. Based on Location of Fishery Activity

1. Section 86 - Commercial Fishing Vessels Fishing within

Municipal Waters
(See FAO 198 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎFishing must be • Imprisonment of 6 • confiscation of catch and

for trade, business months gear, and
or profit, and not • Fine equivalent to • administrative fine of 5 times
subsistence or for twice the amount of the value of the catch or the
leisure the administrative fine amount indicated below,
ÎFishing vessel must • Confiscation of catch whichever is higher:
weigh at least 3.1 GT and fishing gears (1) P50,000.00 to
ÎFishing activity must P100,000.00 for small-
be located within 15 scale commercial fishing;
km from coastline (2) P150,000.00 to
P500,000.00 for medium-
scale commercial fishing;
and
(3) P1,000,000.00 to
P5,000,000.00 for large-
scale commercial fishing.

The penalties of imprisonment and fine are imposed only on the

boat captain and the three highest officers of the vessel.
The boat captain and the three (3) highest officers of the commercial
fishing vessel and the owner or operator are administratively liable.

MENDING NETS Third Edition 33

Are commercial fishing vessels absolutely prohibited from
fishing within municipal waters?
No. Commercial fishing vessels may fish within municipal waters if
the following conditions are met:
• A municipal/city ordinance is passed allowing commercial fishing
vessels to fish within 10.1 to 15 km of the municipal waters. The
ordinance may only allow small-scale (3.1 to 20 GT) and medium-
scale (20.1 to 150 GT) commercial fishing vessels.
• No commercial fishing is allowed in waters less than 7 fathoms (42
feet) deep, as certified by the appropriate agency.
• The fishing methods and gear used by the fishing vessel are
consistent with national policies set by DA, and are in accordance
with existing laws. Use of active gear within municipal waters or
muro-ami fishing cannot be allowed as it is prohibited by RA 10654.
• The ordinance was passed after consultation, through a public
hearing with the municipal/city FARMC.
• Small-scale and medium-scale commercial fishing vessels apply for
and are issued a permit from the municipal/city government.
• The applicant vessel, as well as the ship owner, employer, captain
and crew have been certified by the appropriate agency as not having
violated RA 10654, as well as other environmental and related laws.
(Sec. 18)

Must a municipality/city first enact a fisheries ordinance

delineating its waters before this prohibition can be enforced?
No. Although Rule 16.1 of IRR of RA 10654 amending RA 8550
mandates municipal/city governments to enact a basic Municipal
Fisheries Ordinance (MFO) delineating the boundaries of their municipal
waters, there is nothing in this rule that requires the passage of an MFO
for the provisions of RA 10654 on municipal waters to apply. The extent of
municipal waters is sufficiently defined under Sec. 4, par. 66 of RA 10654.
The discovery of any person in an area where he has no permit or
registration papers for a fishing vessel constitutes prima facie evidence
that such person and/or vessel is engaged in unauthorized fishing.

2. Section 86, paragraph (b) - Commercial Fishing Activities by

Municipal Fisherfolk within Municipal Waters without Being
Listed in the Registry of Municipal Fisherfolk

Elements Administrative Penalty

ÎIf fishing vessel is involved, it must be • Administrative fine equivalent to twice

less than 3.1 GT the value of catch or P5,000.00
ÎMunicipal fisherfolk involved is not whichever is higher, if offender fails to
listed in the registry of municipal pay, he shall render community service
fisherfolk • Confiscation of catch and gear

34 Chapter 2 Prohibited Acts and Penalties

 The discovery of any person in an area where he has no permit
or registration papers for a fishing vessel constitutes prima facie
evidence that such person and/or vessel is engaged in unauthorized
fishing.

CHAPTER 2: Prohibited
3. Section 88 Paragraph (a) – Failure to Secure Fishing Permit

Acts and Penalties

prior to engaging in Distant Water Fishing

Elements Criminal Penalty Administrative Penalty

ÎAny person fishing in • Imprisonment of 6 • confiscation of the catch

the high seas, territorial months and a fine and gear
seas, archipelagic waters, equivalent to twice • administrative fine
and Exclusive Economic the amount of the equivalent to 5 times
Zones of other states administrative fine the value of the catch
ÎUsing a Philippine- • Confiscation of catch or the amount indicated
flagged fishing vessel and gear below, whichever is
ÎWithout fishing permit higher:
from the DA and (1) P2,000,000.00 to
authorization from the P9,000,000.00
coastal state for small-scale
commercial fishing;
(2) P10,000,000.00 to
P15,000,000.00
for medium-scale
commercial fishing;
and
(3) P16,000,000.00 to
P20,000,000.00
for large-scale
commercial fishing
vessels less than
750 gross tons, and
P25,000,000.00 to
P45,000,000.00
for large-scale
commercial fishing
vessels 750 gross
tons or more.

The penalties of imprisonment and fine are imposed only on the

three highest officers of the vessel.
Only the owner, operator, and the three highest officers of the
commercial fishing vessel are administratively liable.
Possession of a fishing gear or operating a fishing vessel without a
fishing permit from the Department or authorization from the coastal
state shall constitute a prima facie presumption that the person is in
violation of this provision.

MENDING NETS Third Edition 35

4. Section 88 Paragraph (b) – Violation of the Terms and
Conditions stated in the Distant Water Fishing Permit

Elements Criminal Penalty Administrative Penalty

ÎAny person fishing in • Imprisonment of 6 • confiscation of the catch and

the high seas, territorial months and a fine gear
seas, archipelagic equivalent to twice • administrative fine equivalent to
waters, and Exclusive the amount of the 5 times the value of the catch
Economic Zones of administrative fine or the amount indicated below,
other states • Confiscation of whichever is higher:
ÎUsing a Philippine catch and gear (1) P2,000,000.00 to
flagged fishing vessel P9,000,000.00 for small-
ÎWith a fishing permit scale commercial fishing;
from the DA and (2) P10,000,000.00 to
authorization from the P15,000,000.00 for
coastal state medium-scale commercial
ÎViolated the terms and fishing; and
conditions of the fishing (3) P16,000,000.00 to
permit P20,000,000.00 for large-
scale commercial fishing
vessels less than 750 gross
tons, and P25,000,000.00
to P45,000,000.00 for
large-scale commercial
fishing vessels 750 gross
tons or more.

The penalties of imprisonment and fine are imposed only on the

three highest officers of the vessel.
Only the owner, operator, and the three highest officers of the
commercial fishing vessel are administratively liable.

5. Section 91 - Poaching in Philippine Waters

(See FAO 200 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎForeign person, • Fine of US$1,200,000,00 • fine of US$600,000.00

corporation or • Confiscation of the catch, to US$1,000,000.00 or
entity fishes or fishing equipment and fishing its equivalent in Philippine
operates the vessel currency.
fishing vessel • If caught within internal
ÎSuch fishing waters, imprisonment of
activity or 6 months and 1 day to 2
operation of years and 2 months. Second
fishing vessel was time offender, imprisonment
conducted within of 3 years and fine of
Philippine waters US$2,400,000.00 or its
equivalent in Philippine
currency

36 Chapter 2 Prohibited Acts and Penalties

 The DA may also impose an administrative fine of US$600,000.00
to US$1,000,000.00 or its equivalent in Philippine currency.
No foreign person shall be deported without the payment of the
imposed judicial and/or administrative fines and service of sentence, if
any.

CHAPTER 2: Prohibited
Acts and Penalties
Does the mere entry of foreign fishing vessels within Philippine
waters automatically lead to the presumption that they are
poaching within the same?
While Sec. 91 provides that mere entry of foreign fishing vessels
into Philippine waters is prima facie evidence that they are fishing
or operating within the country’s area of sovereignty, Rule 91.1 of
the Implementing Rules and Regulations of RA 10654 clarifies this
portion of Sec. 91 by providing circumstances under which mere entry
constitutes prima facie evidence and also provides exceptions.

What if the poacher not caught in internal waters fails to pay

the fine?
Under Art. 39 of the Revised Penal Code (RPC), subsidiary
imprisonment may be imposed on offenders in relation to violation
of Sec. 91, Paragraph 1, Art. 10 of the RPC, provided that subsidiary
imprisonment is supplementary to special laws, unless the special law
particularly provides for the contrary. The case of People v. Moreno (60
Phil. 712) also provides that subsidiary imprisonment applies to special
laws unless the law provides for another manner of service in case of
insolvency.

May enforcers, complainants in a poaching case, petition a

higher court to overturn a judge’s ruling allowing the plea
bargaining of the case?
No. Enforcers, although public officers, have no legal standing to file
a petition for certiorari against a judge’s ruling allowing plea bargaining
of a poaching case, because they are not considered persons aggrieved
by the assailed decision. The rules on criminal procedure provide that
criminal cases be prosecuted under the direction and control of the
prosecutor. And any action filed in the interest of the Republic of the
Philippines, such as the petition to overturn the judge’s ruling, may
only be brought by the Solicitor General (Laraya, et. al. vs. Judge Pe, et.
al., C.A.-G.R. SP. NO. 80927)

MENDING NETS Third Edition 37

6. Section 94 - Fishing in Overexploited Fishery Management
Areas

Elements Criminal Penalty Administrative Penalty

ÎAny person or • Imprisonment of 6 • confiscation of catch and fishing

entity engaged months and 1 day gears, and
in fishing to 6 years, and fine • administrative fine equivalent to the
ÎFishing activity of P500,000.00 to value indicated below:
is within an area P5,000,000.00 (1) 3 times the value of catch or
declared to be • Forfeiture of catch and P20,000.00, whichever is
overexploited fishing equipment used higher, for municipal fishing:
• Cancellation of fishing Provided, That if the offender
permit or license fails to pay the fine, he shall
render community service;
(2) 5 times the value of catch
or P100,000.00, whichever
is higher, for small-scale
commercial fishing;
(3) 5 times the value of catch
or P300,000.00, whichever
is higher, for medium-scale
commercial fishing;
(4) 5 times the value of catch
or P500,000.00, whichever
is higher, for large-scale
commercial fishing.

Who determines or declares overfished areas outside of

municipal waters?
It would seem that RA 10654 only provides for the declaration of
overfished areas within municipal waters. There are express provisions
in RA 10654 covering determination and declaration of overfished
areas within municipal waters (Sec. 23), but there are no express
provisions covering determination and declaration of overfished
areas outside municipal waters. However, the powers of DA are
broad enough to include the declaration of overfished areas outside of
municipal waters or outside the jurisdiction of special agencies.

Who determines or declares closed seasons?

• The DA, if beyond municipal waters (Sec. 9)
• The LGU, on its own initiative but in consultation with FARMC, if
within municipal waters
The DA may also declare closed seasons over areas under the
jurisdiction of special agencies or within municipal waters, but it must
first secure the concurrence and approval of the concerned special
agencies, or the LGU and FARMC, whichever is appropriate.

38 Chapter 2 Prohibited Acts and Penalties

7. Section 101 - Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries

Elements Criminal Penalty Administrative Penalty

CHAPTER 2: Prohibited
ÎAny person or entity • Imprisonment of 2 • confiscation of catch and

Acts and Penalties

engaged in fishing to 6 years and fine gear, and
ÎFishing activity is twice the amount of • fine of twice the value of the
conducted within a the administrative catch or the amount indicated
marine protected area, fine below, whichever is higher:
reserve, refuge or • Forfeiture of catch (1) P20,000.00 for municipal
sanctuary and gear fishing: Provided, That
ÎSuch marine protected • Cancellation of if the offender fails to
area, fishery reserve, fishing permit or pay the fine, community
refuge or sanctuary was license service shall be rendered;
declared as such by DA (2) P200,000.00 for small-
or the LGU scale commercial fishing;

What is the difference between a marine protected area, fishery

refuge and sanctuary, and a fishery reserve?
Marine Protected Area – defined area of the sea established
and set aside by law, administrative regulation, or any other effective
means in order to conserve and protect a part of or the entire enclosed
environment through the establishment of management guidelines
(Sec. 4, par. 60)
Fishery refuges and sanctuaries are designated areas where
fishing or other forms of activities that may damage the ecosystem of
the area are prohibited. Human access may be restricted (Sec. 4, par.
40).
A fishery reserve is a designated area where activities are
regulated and set aside for educational and research purposes (Sec. 4,
par. 41).

Are fishery reserves, refuges and sanctuaries declared by local

governments covered by this prohibition?
No. Sec. 101 refers only to those reserves, refuges and sanctuaries
declared by DA. If the violation is committed within a municipality/
city-declared refuge or sanctuary, then the local ordinance declaring
the reserve/refuge/sanctuary applies, and not Sec. 101.
This is to be distinguished from fishing within over-exploited
areas prohibited under Sec. 94, and fishing during closed season
under Sec. 100, as these prohibitions apply to those areas declared by
municipalities/cities or by DA.

8. Section 95 - Use of Active Gear in Municipal Waters, Bays and

Other Fishery Management Areas
(See p. 28)

MENDING NETS Third Edition 39

9. Section 98 - Illegal Use of Superlight or Fishing Light
Attractor within Municipal Waters
(See p. 32)
(Note: These last two provisions are repeated in this category of
prohibitions, because although these concern fishing gear, the location
where these gears are used is also an essential element of these prohibitions.)

C. Based on Resource Exploited

1. Section 96- Ban on Coral Exploitation and Exportation

(See FAO 202 s. 2002)

Elements Criminal Penalty Administrative Penalty

ÎOrdinary, precious • Imprisonment • administrative fine equivalent

and/or semi-precious of 10 years to to 8 times the value of the
corals, whether raw or 20 years and corals gathered, possessed,
in processed form, are fine equivalent commercially transported,
gathered, possessed, to twice the sold, or exported, or the
commercially transported, administrative fine amount of P500,000.00 to
sold or exported by any • Forfeiture of the P10,000,000.00, whichever is
person or corporation subject corals higher, and
ÎSuch activities in respect • forfeiture of the subject corals
to corals are not for • payment of the compensation
scientific or research for the restoration of the
purposes damaged corals reefs.

The penalties of imprisonment and fine are imposed only on the boat
captain, master fisherman, and recruiter or organizer of fish workers.
Only the owner/operator of the fishing vessel/s, boat captain,
master fisherman, and recruiter or organizer of fish workers are
administratively liable.
The offender shall also be required to pay the cost of restoration of
the damaged coral reefs as determined by the Department

Are dead corals included in this prohibition?

Yes. The prohibitions found in Sec. 96 apply to whatever stage
the corals may be found, whether in raw or processed form.

Are the old laws on coral gathering still applicable?

No. This section repeals PD 1219 and PD 1698, which were the old
laws on coral gathering. A significant feature of Sec. 96 is the express
prohibition on the mere possession, as well as sale, of ordinary,
precious and semi-precious corals.

How are the confiscated corals to be disposed of?

Sec. 91 of R.A. 8550 specifically stated that confiscated corals must be

40 Chapter 2 Prohibited Acts and Penalties

returned to the sea, donated to schools and museums for educational or
scientific purposes, or disposed of through other means. However, Sec.
96 of R.A. 10654 is silent regarding the disposition of confiscated corals.

Who issues special permits for the gathering of corals?

CHAPTER 2: Prohibited
The DA Secretary, through the Director of BFAR, may issue a

Acts and Penalties

special permit for the gathering of corals in limited quantities for
scientific or research purposes, except those coral species listed in the
appendices of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) (FAO 202 s. 2002, sec. 3).

2. Section 96, paragraph 1, 2nd Sentence – It shall also be unlawful

for any person, corporation or entity to commit any activity that
damages the coral reefs.

Elements Criminal Penalty Administrative Penalty

ÎAny person, • Imprisonment • administrative fine equivalent to 8

corporation or of 10 years to times the value of the corals gathered,
entity engaged in 20 years and possessed, commercially transported,
any activity fine equivalent sold, or exported, or the amount of
ÎSuch activity to twice the P500,000.00 to P10,000,000.00,
damages coral administrative fine whichever is higher, and
reefs and marine • Forfeiture of the • forfeiture of the subject corals
environment subject corals • payment of the compensation for the
restoration of the damaged corals reefs.

3. Section 97, paragraph (b) - Ban on Gathering, Possessing,

Commercially Transporting, Selling, Exporting of Coral Sand,
Coral Fragments, Coral Rocks, Silica, and Any Other Substances
that Make Up any Marine Habitat

Elements Criminal Penalty Administrative Penalty

ÎCoral Sand, Coral • Imprisonment of 2 • fine of P5,000,000.00

Fragments, Coral to 10 years and fine or 5 times the value
Rocks, Silica, and Any equivalent to twice of the coral rocks,
Other Substances that the administrative fine sand, or silica
Make Up any Marine • Confiscation of catch gathered, possessed,
Habitat, gathered, or substance and commercially
possessed,commercially equipment or gear transported, sold, or
transported, sold or exported exported, whichever is
unless allowed by law higher, and confiscation
ÎSuch Coral Sand, Coral of the substance.
Fragments, Coral Rocks,
Silica, and Any Other
Substances that Make Up
any Marine Habitat are
gathered from the coastal
and marine environment

MENDING NETS Third Edition 41

Is beach quarrying covered by this prohibition?
Yes. Offenders as well as some government agencies have
argued that the white sand, silica, pebbles and other substances
referred to in Sec. 97 are not those taken from the coastal
environment, but from the “marine habitat”. The prohibition
therefore applies only to substances found at sea and not along the
beaches or coasts.
To construe the term “marine habitat” as only referring to areas
beyond the coastal domain would be to defeat the very purpose of
the law. Previous to the enactment of RA 10654, pebble picking was
allowed by DAO 28-92, but extraction of sand and gravel from
beaches was prohibited by Batas Pambansa Blg. 265.
A Memorandum for then Pres. Fidel V. Ramos on the effects
of beach quarrying at Luna, La Union, sent by the Office of the
Executive Secretary on 24 September 1996, specifically recognized the
importance of sand, gravel and pebbles along beaches in protecting
coastal areas from erosion:
“The deposits of gravel and pebbles along the 7-km stretch of
beach in Luna attain a height of five meters from the shoreline.
These serve as natural barriers against big waves and thus protect
the coastal villages by the shores.
The long years of pebble picking and extraction of sand and
gravel has resulted in the coastal degradation of the area, as shown
by the exposure of the base of the Spanish watchtower at Barangay
Victoria. Continued extraction of sand and gravel along the beach
would further reduce the width of the natural barrier which serves
to protect the coastal villages from the onrush of big waves.”

The Supreme Court issued a Writ of Kalikasan against a mining firm

and the government for “black sand” mining activities along the Ilocos
coastline that had caused the destruction of a marine habitat (SC En
Banc Decision, May 8, 2012)

Sec. 97 was primarily instituted to protect coastal areas from

degradation as a result of widespread quarrying of sand and gravel,
as well as pebbles, along beaches and shorelines. To interpret the
term “marine habitat” as not applying to coastal areas would imply
that Congress, rather than addressing the problem, even lifted the
prohibition on sand and gravel quarrying along beaches. Ecologically,
coastal areas are also necessarily part of the marine ecosystem because
some marine species, such as turtles, can only lay their eggs along
beaches.

42 Chapter 2 Prohibited Acts and Penalties

4. Section 99 - Conversion of Mangroves
(See FAO 197-1 s. 2012)

Elements Criminal Penalty Administrative Penalty

CHAPTER 2: Prohibited
ÎMangroves are • Imprisonment of 6 • fine equivalent to

Acts and Penalties

converted into months and 1 day the ecological value of a
fishponds, and/or to 12 years, base hectare of mangrove based on
ÎFor any other use fine of P80,000 available studies, or
or purpose (e.g., and fine equivalent • fine of P10,000,000.00 per
mangrove clearing to administrative hectare, whichever is higher
for the establishment penalties • If the area requires
of resorts, mangrove rehabilitation or restoration as
cutting for charcoal, determined by the Department,
de-barking as raw • restoration or payment for the
material for dyes, restoration of the damaged
varnish, thinner, etc.) area.

If the area requires rehabilitation or restoration, as determined

by the court, the offender shall be required to restore, or pay for
the restoration of the damage. The offender shall be liable for
environmental damages computed at P500,000.00 per hectare per year
until the area is restored.
The municipal government may also file a civil case against the
violator to recover civil indemnity. This indemnity may consist of
compensation for the damage done to the environment, or payment of
the cost of rehabilitation and restoration of the damaged area.

Exceptions:
The prohibition on conversion does not apply to any of the
following:
1. Areas covered by FLA, Aquasilviculture Stewardship Contract or
Gratuitous Permit and other tenurial instruments;
2. Private property not classified as mangrove forest; and
3. Development activities duly covered and approved by competent
authorities. (Rule 99.1, IRR of RA 10654)

Are there instances when mangroves may be legally cut?

As a tree species, mangroves are covered by the provisions of PD
705 (Forestry Code). Hence, they fall under the primary jurisdiction
of DENR. DENR DAO 10 s. 1998 allows Community-Based Forestry
Management Agreement (CBFMA) holders to harvest plantation
mangroves, but not natural growth trees. Uprooting of trees and
natural regeneration growing in the mangrove areas is prohibited,
except if wildlings are collected for plantation purposes.
However, Section 4 of RA 7161, which amends certain portions of
PD 705, expressly prohibits the cutting of all species of mangroves,

MENDING NETS Third Edition 43

without distinction or qualification. It would seem then that pursuant
to RA 7161, any form or type of permit for the cutting of mangroves
may no longer be issued. This has been further reinforced by Section 99
of RA 10654, which specifically prohibits the conversion of mangroves,
not only into fishponds but also for any other purposes, without
exception. Furthermore, the Department of Justice had previously
issued an opinion on the interpretation of RA 7161, stating that the
prohibition against the cutting of all mangroves is clear and unqualified
and all that is called for is to apply the statute.

5. Section 102, Paragraph (a) - Fishing or Taking of Rare,

Threatened or Endangered Aquatic Species listed in Appendix
I of CITES or categorized by IUCN as threatened and
determined by DA
(See FAO 208 s. 2001)

Elements Criminal Penalty Administrative Penalty

ÎFishing or taking, catching, • Imprisonment of 12 • fine equivalent to

gathering, selling, purchasing, years and 1 day to 5 times the value of the
possessing, transporting, 20 years and fine species or P500,000.00
exporting, forwarding or equivalent to twice to P5,000,000.00,
shipping out of aquatic the administrative whichever is higher, and
species fine • forfeiture of the species.
ÎSuch aquatic species are • Forfeiture of species
listed in Appendix I of CITES • Cancellation of
or categorized by IUCN as fishing permit
threatened and determined
by DA

Must the fishery species be included both in CITES, IUCN and

DA lists for it to be covered by this prohibition?
No. Offenders have argued that the wording of Section 102 requires
that the species be both included in the CITES Appendices and
determined by DA before the prohibition can cover it. However, such
an interpretation would defeat the purpose of the law and unduly limit
the authority of DA. It would remove DA’s right to include in its list
any species that it may determine to be rare, threatened or endangered
in the Philippines, if such species is not included in any of the CITES
Appendices.

Are fishery species under DENR jurisdiction covered by this

prohibition?
Yes. Although jurisdiction over such species is granted to DENR,
the taking of these species still constitutes a violation of Sec. 102 of RA
10654, because they are included in the CITES Appendices.
The DENR is responsible for the management of dugong, marine

44 Chapter 2 Prohibited Acts and Penalties

turtles and crocodiles (Joint DA-DENR Memorandum Order No. 1 s.
2000, Art. III, sec. 1, par. [a]). The Wildlife Act of 2001 expanded this
authority by providing that DENR has jurisdiction over “all turtles and
tortoises and wetland species, including but not limited to crocodiles,
water birds and all amphibians and dugong.” Sec. 102 applies to all

CHAPTER 2: Prohibited
fishery species that may be classified as rare, threatened or endangered;

Acts and Penalties

it makes no distinction on departmental jurisdiction.

6. Section 102, Paragraph (b) - Fishing or Taking of Rare,

Threatened or Endangered Aquatic Species listed in CITES
Appendices II and III

Elements Criminal Penalty Administrative Penalty

ÎFishing or taking, catching, • Imprisonment of 5 • fine equivalent to

gathering, selling, years to 8 years and 3 times the value of the
purchasing, possessing, fine equivalent to twice species or P300,000.00
transporting, exporting, the administrative fine to P3,000,000.00,
forwarding or shipping • Forfeiture of species whichever is higher, and
out of aquatic species • forfeiture of the species
not for scientific research
or conservation breeding
simultaneous with
commercial breeding
ÎSuch aquatic species
are listed in CITES
Appendices II and III
ÎScientific assessment
shows that such species
cannot remain viable under
pressure of collection and
trade

7. Section 102, Paragraph (c) - Fishing or Taking of Captive-Bred

Species that have been Transplanted to the Wild

Elements Criminal Penalty Administrative Penalty

ÎGathering, taking, possessing, • Imprisonment of • fine equivalent to

transporting, exporting, 5 years to 8 years 3 times the value
forwarding or shipping out and fine equivalent of the species or
captive-bred species that have to 3 times the P300,000.00 to
been transplanted to the wild value of species P3,000,000.00,
ÎThat such captive-bred or P3,000,000 whichever is higher, and
species have been whichever is higher forfeiture of the species
transplanted to the wild • Forfeiture of species

Under Section 102 of RA 10654, should the violation be committed

by a vessel manned by more than two (2) persons, the captain, master,
and two highest ranking officers of the vessel involved in the fishing

MENDING NETS Third Edition 45

or taking of such protected marine life shall be presumed to have
committed the prohibited act.

8. FAO 193 s. 1998 - Ban on the Taking or Catching, Selling,

Purchasing, and Possessing, Transporting, and Exporting of
Whale Sharks and Manta Rays
(Pursuant to Sections 65 and 107 of RA 8550)

Elements Penalty

ÎAny person or entity takes, catches, sells, • Imprisonment of 6 months to

purchases, possesses, transports or exports 4 years and/or fine of P500 to
whale sharks or manta rays P5,000

The BFAR Director is empowered to impose an administrative

fine of not more than P5,000 and to cancel the permit/license of the
offender. The administrative penalty may include the confiscation
of the whale shark and/or manta rays for proper disposition/
documentation of the government.

What does taking, catching, selling, purchasing, possessing,

transporting or exporting mean?
FAO 193 defines such activities as follows:
• Sell – to barter, exchange, or offer or expose for sale
• Possess – to have actual or constructive possession or control of
• Transport – to carry or move or cause to be carried or moved
• Export – to send or ship out of the country

This prohibition is based on FAO 193 s. 1998. Are whale sharks

also covered by Section 102?
Yes. Whale sharks were included in the CITES Appendix (II) on 13
February 2003. But although this recent inclusion now qualifies whale
sharks under Sec. 102 of RA 10654, FAO 193 s. 1998 may still be used.

Are manta rays also protected under Section 102?

No. Manta rays are not yet part of the CITES appendices, nor
have they been classified by DA as rare, threatened or endangered.
As such, FAO 193 is still the main prohibition on the taking, catching,
possession, transport and export of manta rays.
Both whale sharks and manta rays are also covered by RA 9147,
otherwise known as the Wildlife Act.

46 Chapter 2 Prohibited Acts and Penalties

9. Section 103 - Capture of Sabalo and Other Breeders/Spawners

Elements Criminal Penalty Administrative Penalty

ÎCatching, gathering, • Imprisonment of 6 • fine equivalent to

CHAPTER 2: Prohibited
capturing or possessing months and 1 day 5 times the value of the

Acts and Penalties

mature milkfish or sabalo to 8 years and fine sabalo, other breeders,
and/or equivalent to twice or spawners gathered
ÎCatching, gathering, the amount of the or captured, or
capturing or possessing administrative fine P500,000.00,
of such other breeders/ • Forfeiture of catch whichever is higher, and
spawners as may be and fishing equipment • forfeiture of catch and
determined by DA used gear.
ÎSuch activities are not for • Suspension or
local breeding or scientific Revocation of license
or research purposes as may
be allowed by DA

10. Section 104 - Exportation of Breeders, Spawners, Eggs or Fry

Elements Criminal Penalty Administrative Penalty

ÎExportation of • Imprisonment of 8 years • administrative fine

breeders, spawners, to 10 years equivalent to 3 times the
eggs or fry as • Confiscation of value of the breeders,
prohibited by related breeders, spawners, spawners, eggs, or fry
provisions of RA eggs or fry, and fine exported or P100,000.00
10654 unless allowed equivalent to twice the to P500,000.00, whichever
under the regulations amount of administrative is higher,
to be promulgated fine • confiscation of breeders,
by DA • Revocation of spawners, eggs or fry,
fishing license and/ • suspension or revocation
or suspension or of license for commercial
revocation of registration fishing and/or registration
as explorer as exporter.

Failure on the part of the shipping or forwarding company from

whose possession the breeders, spawners, eggs, or fry are discovered or
seized to fully cooperate in the investigation conducted by concerned
government authorities on the matter shall create a presumption
that there is connivance or conspiracy between the company and the
shipper to violate the provisions of this section.

What related provisions of RA 10654 are referred to by Sec. 104?

Sec. 61 (b) provides that spawners, breeders, eggs and fry of bangus,
prawn and other endemic species, as may be determined by DA,
shall not be exported or caused to be exported by any person.

MENDING NETS Third Edition 47

11. Section 110 - Gathering and Marketing of Shell Fishes or
Other Aquatic Species

Elements Criminal Penalty Administrative Penalty

ÎGathering, taking, selling, • Imprisonment of 1 • fine equivalent to the

transferring, possessing, month and 1 day value of the species or
commercially transporting, to 6 months and P50,000.00, whichever
exporting, forwarding or fine equivalent to is higher, and
shipping out of sexually mature twice the amount • confiscation of the
shellfish or other aquatic of administrative same, and
species fine • cancellation of permit
ÎSuch shellfish or other aquatic • Cancellation of or license shall be
species identified by DA, below permit or license imposed upon the
the minimum size or above the offender.
maximum quantities prescribed
by for the species

D. Other Prohibited/Regulated Activities

1. Section 86, Paragraph (a) - Engaging in Any Fishery Activity

Without a License or Permit from DA or LGU

Elements Criminal Penalty Administrative Penalty

ÎCapturing or • Imprisonment of 6 • confiscation of catch and gear,

gathering fish, fry months and
or fingerlings of any • Fine equivalent to • administrative fine of 5 times the
fishery species or twice the amount of value of the catch or the amount
fishery products or the administrative indicated below, whichever is
ÎTo cause the capture fine higher:
or gathering of fish, • Confiscation of catch (1) P50,000.00 to P100,000.00
fry or fingerlings of and fishing gear for small-scale commercial
any fishery species or fishing;
fishery products (2) P150,000.00 to
ÎSuch activities are P500,000.00 for medium-
conducted without scale commercial fishing;
the benefit of any and
license or permit from (3) P1,000,000.00 to
DA or LGU P5,000,000.00 for large-
scale commercial fishing.

The penalties of imprisonment and fine are imposed only on the

boat captain and the three highest officers of the vessel.
Only the boat captain and the three (3) highest officers of
the commercial fishing vessel and the owner or operator are
administratively liable.
This section may be regarded as the “catch-all provision” of RA
10654 with respect to prohibited acts, as it prohibits any fishery activity
without a license or permit.

48 Chapter 2 Prohibited Acts and Penalties

 Theoretically, Section 86 may also be used in connection with
violations committed within protected area waters under the National
Integrated Protected Areas System (NIPAS) Act. Fishery activities
conducted within protected area waters without the benefit of
proper permit from the Protected Area Management Board may also

CHAPTER 2: Prohibited
constitute a violation of Sec. 86 of RA 10654.

Acts and Penalties

An example of an act which may fall under this violation would be
fishing in Philippine waters by commercial fishing vessels without the
benefit of any license or permit or whose license or permit has expired.

Is this prohibition applicable to all types of fishing vessels?

No. This general prohibition would seem to apply only to violations
committed by commercial fishing vessels, as no penalties are provided
for vessels of smaller size. A specific penalty is also provided for
municipal fisherfolk who engage in commercial fishing activities within
municipal waters without being listed in the municipal registry; however,
no penalty is provided for fisherfolk who engage in commercial fishing
activities without any license or permit outside of municipal waters.
The discovery of any person in an area where he has no permit or
registration papers for a fishing vessel constitutes prima facie evidence
that the person and/or vessel is engaged in unauthorized fishing.
Fishing for daily food sustenance, leisure (but not for commercial
purposes), occupation or livelihood purposes may be allowed.

2. Section 87 – Engaging in Unauthorized Fisheries Activities

Elements Criminal Penalty Administrative Penalty

ÎExploiting, occupying, • Imprisonment of 6 • administrative fine

producing, breeding months of P500,000.00 to
or culturing fish, fry or • Fine equivalent to P1,000,000.00
fingerlings of any fishery twice the amount of • the dismantling or
species or fishery products the administrative fine removal of the structure
or • dismantling or at the expense of the
ÎConstructing and operating removal of the offender
fish corrals, fish traps, fish structure at the • rehabilitation of the area
pens and fish cages or expense of the affected by the activity
fishponds offender, the and
ÎSuch activities are rehabilitation of • confiscation of stocks.
conducted without the the area affected
benefit of any license, lease by the activity and
or permit confiscation of stocks

The discovery of any person engaging in any of the above

activities without a lease, license or permit shall constitute & prima
facie presumption that the person is engaged in unauthorized fisheries
activity.

MENDING NETS Third Edition 49

3. Section 89 – Unreported Fishing Within Waters of National
Jurisdiction
Elements Criminal Penalty Administrative Penalty

ÎEngaging in • Imprisonment of 6 • administrative fine equivalent to the

unreported fishing months value of the catch or the amount
within waters of • Fine equivalent to indicated below, whichever is
national jurisdiction twice the amount of higher:
or the administrative (1) P5,000.00 for municipal fishing:
ÎFailing to comply fine Provided, That if the offender
with the reportorial • confiscation of fails to pay the fine, he shall
requirements catch and gear render community service;
ÎIn violation of (2) P100,000.00 for small-scale
Section 38 of RA commercial fishing;
10654 (3) P200,000.00 for medium-scale
commercial fishing; and
(4) P500,000.00 for large-scale
commercial fishing.

The penalties of imprisonment and fine are imposed only on the

three highest officers of the commercial fishing vessel.
Only the owner or operator of the municipal or commercial fishing
vessel and the three (3) highest officers of the commercial fishing vessel
are administratively liable.

4. Section 89 – Unreported Fishing in Waters Beyond the

National Jurisdiction

Elements Criminal Penalty Administrative Penalty

ÎEngaging in • Imprisonment of 6 • administrative fine equivalent to

unreported fishing months five (5) times the value of
in the area of • Fine equivalent to the catch or the amount
competence of a twice the amount of indicated below, whichever is
relevant RFMO or the administrative higher:
ÎFailing to comply fine (1) P2,000,000.0) to
with the reportorial • confiscation of P9,000,000.00 for small-
requirements catch and gear scale commercial fishing;
ÎIn violation of Section (2) P10,000,000.00 to
38 of RA 10654 P15,000,000.00 for medium-
scale commercial fishing; and
(3) P16,000,000.00 to
P20,000,000.00 for large-
scale commercial fishing
vessels less than 750 gross
tons, and P25,000,000.00
to P45,000,000.00 for large-
scale commercial fishing
vessels 750 gross tons or
more.

50 Chapter 2 Prohibited Acts and Penalties

 The penalties of imprisonment and fine are imposed only on the
three highest officers of the commercial fishing vessel.
Only the owner, operator, and the three (3) highest officers of the
commercial fishing vessel are administratively liable.

CHAPTER 2: Prohibited
5. Section 90 – Unregulated Fishing Within Waters of National

Acts and Penalties

Jurisdiction

Elements Criminal Penalty Administrative Penalty

ÎA vessel is engaged in • Imprisonment of 6 months • confiscation of catch and

fishing activities; • Fine equivalent to gear and
ÎSaid fishing is done twice the amount of the • administrative fine
within waters of administrative fine equivalent to the value
national jurisdiction; • confiscation of catch and of the catch or amount
ÎSaid vessel is without gear indicated below,
nationality; whichever is higher:
ÎSaid vessel is (1) (P5,000.00 for
operated by Filipino municipal fishing:
and/or Filipino Provided, That if
corporation. the offender fails to
pay the fine, he shall
render community
service;
(2) P100,000.00
for small-scale
commercial fishing;
(3) P200,000.00 for
medium-scale
commercial fishing;
and
(4) P500,000.00
for large-scale
commercial fishing.

The penalties of imprisonment and fine are imposed only on the

three highest officers of the commercial fishing vessel.
The owner, operator, of the municipal or commercial fishing vessel
and the three (3) highest officers of the commercial fishing vessel are
administratively liable.

Note: The following are considered unregulated fishing in

Philippine waters:
1. The act of a fisherman or fisherfolk of working in an unregistered
fishing vessel; or
2. The act of a corporation or enterprise of operating an unregistered
fishing vessel. (Rule 90.2 of IRR of RA 10654)

MENDING NETS Third Edition 51

6. Section 90 – Unregulated Fishing Within Waters of Beyond
National Jurisdiction

Elements Criminal Penalty Administrative Penalty

ÎA vessel is engaged in • Imprisonment of • confiscation of catch and

fishing activities; 6 months gear and an administrative
ÎSaid fishing activities are • Fine equivalent fine equivalent to 5 times
done in waters beyond to twice the the value of the catch or the
national jurisdiction; amount of the amount indicated below,
ÎSaid vessel is anyone of the administrative whichever is higher:
following: fine (1) P2,000,000.00 to
(a) The vessel is without • confiscation of P9,000,000.00 for small-
nationality but operated catch and gear scale commercial fishing;
by Filipino and/or Filipino (2) P10,000,000.00 to
corporation; or P15,000,000.00
(b) The vessel is a Philippine for medium-scale
flagged fishing vessel commercial fishing; and
operating in areas managed (3) P16,000,000.00 to
by RFMOs to which the P20,000,000.00 for
Philippines is not a party; large-scale commercial
(c) The vessel is a Philippine fishing vessels less
flagged fishing vessel than 750 gross tons,
operating in areas or fish and P25,000,000.00
stocks where there are no to P45,000,000.00 for
applicable conservation large-scale commercial
and management fishing vessels 750
measures. gross tons or more.

The penalties of imprisonment and fine are imposed only on the

three highest officers of the commercial fishing vessel.
The owner, operator, and the three (3) highest officers of the
commercial fishing vessel are administratively liable.

7. Section 100 – Fishing During Closed Season

Elements Criminal Penalty Administrative Penalty

ÎEngaging • Imprisonment of • confiscation of catch and gear and

in fishing 6 months and 1 • administrative fine of:
ÎFishing day to 6 years (1) Three times the value of the catch or
is done • Fine equivalent P20,000.00 for municipal fishing, whichever is
during to twice the higher: Provided, That if the offender fails to pay
closed amount of the the fine, community service shall be rendered;
season administrative (2) Five times the value of the catch or
fine P100,000.00, whichever is higher for small-
• confiscation of scale commercial fishing;
catch and gear (3) Five times the value of catch or
• cancellation of P300,000.00, whichever is higher for
license or permit medium-scale commercial fishing; and
(4) Five times the value of catch or
P500,000.00, whichever is higher for large-
scale commercial fishing.

52 Chapter 2 Prohibited Acts and Penalties

8. Section 105 - Importation or Exportation of Fish or Fishery
Species

Elements CriminalPenalty Administrative Penalty

CHAPTER 2: Prohibited
ÎImportation or • Imprisonment of 8 years • administrative fine

Acts and Penalties

exportation of fish or and fine of twice the of 5 times the value
fishery species administrative fine of the species or
ÎImportation or • Destruction and/or forfeiture P300,000.00 to
exportation is in of the species P500,000.00, whichever
violation of RA 10654 • Ban on violators from being is higher, and
members or stockholders • forfeiture and/or
of companies currently destruction of the
engaged in fisheries, or species.
companies to be created in
the future (guidelines to be
promulgated by DA)

Failure on the part of the shipping or forwarding company from

whose possession the fish or fishery species imported or exported are
discovered or seized to fully cooperate in the investigation conducted
by concerned government authorities shall create a presumption that
there is connivance or conspiracy between the shipping company and
the shipper to perpetrate the aforementioned offense.

What are the guidelines for the importation and exportation of

fishery species?
These guidelines are mostly set by Sec. 61 of RA 10654:
• Any importation or exportation requires a permit from DA (Sec. 61 [d]).
• Exportation of fishery products is regulated whenever it affects
domestic food security and production. Exportation of live fish is
prohibited except for those hatched or propagated in accredited
hatcheries and ponds (Sec. 61 [a]).
• Fishery products may be imported only when certified as necessary
by DA, in consultation with FARMC, and when all the requirements
of RA 10654, as well as all existing rules and regulations have been
complied with, provided that fish imports for canning/processing
purposes only may be allowed without the necessary certification,
but must still have secured a permit from DA (Sec. 61[c]).

See the following related FAOs on exportation and importation:

• FAO 173 s. 1991, FAO 173-1 s. 1991, FAO 183 s. 1992 (all on the
Importation of Yellow Fin Tuna and Tuna Products from Certain
Countries)
• FAO 189 s. 1993 (Prohibiting the Importation of Live Shrimp and
Prawn of All Stages)
• FAO 195 s. 1999 (Rules and Regulations Governing Importation of

MENDING NETS Third Edition 53

 Fresh/Chilled/Frozen Fish and Fishery Aquatic Products)
• FAO 207 s. 2001 (Prohibiting the Importation and Culture of
Imported Live Shrimp and Prawn of All Stages)
• FAO 212 s. 2001 (Guidelines on the Implementation of the Hazard
Analysis Critical Control Points System)

9. Section 106 - Violation of Harvest Control Rules

Elements Criminal Penalty Administrative Penalty

Fishing conducted is • Imprisonment of 6 • confiscation of

in violation of harvest months and 1 day to 6 catch and fishing gear,
control rules years and fine twice the revocation of license and
Harvest control rules administrative fine fine of:
are determined by DA • Confiscation of catch (1) Three times the value of
and fishing equipment the catch or P20,000.00
• Revocation of license for municipal fishing,
whichever is higher:
Provided, That if the
offender fails to pay the
fine, community service
shall be rendered;
(2) Five times the value
of the catch or
P100,000.00 whichever
is higher for small-scale
commercial fishing;
(3) Five times the
value of the catch
or P1,000,000.00,
whichever is higher
for medium-scale
commercial fishing; and,
(4) Five times the
value of the catch
or P5,000,000.00,
whichever is higher, for
large-scale commercial
fishing.

Who exercises the power to declare catch ceilings?

The DA Secretary has the power to declare catch ceilings (Sec. 8).

What about harvest control rules in Municipal Waters and

waters under the jurisdiction of special agencies?
The DA-BFAR shall assist the LGUs and special agencies in
establishing Harvest Control Rules in municipal waters and waters
under the jurisdiction of special agencies (IRR of RA 10654, Rule 8.4).

54 Chapter 2 Prohibited Acts and Penalties

10. Section 107 - Aquatic Pollution
Elements Criminal Penalty Administrative Penalty

Aquatic pollution may be committed • Imprisonment of • fine of P300,000.00

by: 6 years and 1 to P500,000.00 and

CHAPTER 2: Prohibited
First, day to 12 years an additional fine of

Acts and Penalties

ÎThe introduction by human or and fine twice P15,000.00 per day
machine, directly or indirectly the amount of until the violation
of substances or energy to the administrative ceases and the fines
the aquatic environment which fine and an are paid
results, or is likely to result, in such additional • the imposition of cease
deleterious effects as to harm living P15,000 per and desist order,
and nonliving aquatic resources day until such closure or suspension
Second, violation ceases of the development,
ÎThe introduction by human or and the fines are construction or
machine, directly or indirectly paid facility, or cessation
of substances or energy to the • imposition of of operations, or
aquatic environment which poses cease and desist disconnection of water
potential and/or real hazards to order, closure or supply.
human health suspension of
Third, the development,
ÎThe introduction by human or construction
machine, directly or indirectly or facility, or
of substances or energy to the cessation of
aquatic environment which poses a operations, or
hindrance to aquatic activities such disconnection
as fishing and navigation of water supply
Fourth, (order may
ÎDumping/disposal of waste and be issued ex
other marine litter from any water, parte pending
land or air transport or other resolution of the
human-made structure case)
Fifth,
ÎDischarge 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
Sixth,
ÎDeforestation which causes
similar hazards and deleterious
effects
Seventh,
ÎUnsound agricultural practices,
such as the use of banned
chemicals, intensive use of
artificial fish feed and wetland
conversion which cause similar
hazards and deleterious effects
(RA 10654, sec. 4, par. 4)

MENDING NETS Third Edition 55

 Imposition of cease and desist order, closure or suspension of the
development, construction or facility, or cessation of operations, or
disconnection of water supply may be issued by DA ex parte pending
resolution of the case.

Is it always necessary to prove the deleterious effects of aquatic

pollution?
No. Under the law, aquatic pollution is committed with the
introduction of substances that either results, or is likely to result, in
deleterious effects.

Is a laboratory analysis of the alleged pollutive substances

always necessary to prove aquatic pollution?
No. The definition of aquatic pollution under Section 4, paragraph
4 of RA 10654 includes the mere introduction of substances or matter
that may pose a hindrance to fishing and navigation. For cases requiring
laboratory analysis, see guidelines in Annex 1: Preservation of Evidence.

What other legal issuances can be used to prove aquatic pollution?

For those types of aquatic pollution that require laboratory analyses
or evidence of a more technical or scientific nature, refer to the
following policy issuances by DENR:
• DAO 39 s. 1997 (Chemical Control Order for Cyanide and Cyanide
Compounds)
• DAO 38 s. 1997 (Chemical Control Order for Mercury and Mercury
Compounds)
• MC No. 06 s. 1998 (Guidelines in Water Quality Monitoring)
• DAO 17 s. 1999 (Updating DAO 35 s. 1990, Otherwise Known as the
Revised Effluent Regulations of 1990, Revising and Amending the
Effluent Regulations of 1982)
FAO 214 s. 2001 (Code of Practice for Aquaculture) also provides regulations
on water discharge and sludge/effluent management for aquaculture.

11. Section 108 - Failure to Comply with Minimum Safety

Standards

Elements Criminal Penalty Administrative Penalty

ÎThe owner and captain • Imprisonment of 1 month • fine of P100,000.00

of a commercial fishing and 1 day to 6 months and
vessel are engaged in • Fine of twice the amount • suspension or
fishing of the administrative fine, cancellation of permit
ÎThey fail to exhibit or • Suspension or cancellation or license and
show proof of compliance of permit or license and • impoundment of the
with the safety standards impoundment of the vessel vessel until the safety
provided under RA until the safety standard standard has been
10654 has been complied with complied with.

56 Chapter 2 Prohibited Acts and Penalties

 The penalties of imprisonment and fine are imposed only on the
Owner and captain of a commercial fishing vessel.
The Owner and captain of a commercial fishing vessel are
administratively liable.
Upon apprehension, the fishing vessel shall be escorted to the

CHAPTER 2: Prohibited
nearest port or landing point and prevented from continuing with the

Acts and Penalties

fishing activity.

What are these minimum safety standards?

Provisions in RA 10654 on “safety standards” generally refer to
standards to be provided by other related government agencies or
offices. Regulations on the safety of vessels are mainly issued by the
Maritime Industry Authority. Section 37 mandates that all fishing
vessels be supplied with adequate medical supplies and life-saving
devices to be determined by the Occupational Safety and Health Center
(OSHC).

12. Section 109 - Failure to Submit Yearly Report on Fishponds,

Fish pens and Fish cages
(See FAO 197-1 s. 2012)

Elements Criminal Penalty Administrative Penalty

ÎOwner of a fishpond, fish • Twice the amount of • fine of P5,000.00 per

pen or fish cage has valid the administrative fine unreported hectare.
license or permit which is Five thousand
ÎOwner fails to render to pesos (P5,000.00)
DA a yearly report on type per unreported
of species and volume of hectare
production

What other provisions of RA 10654 are relevant to this offense?

Section 57 of RA 10654 requires all fishpond, fish pen and fish
cage operators to submit an annual report to DA on the type of
species and volume of production in areas devoted to aquaculture.
See FAO 197-1 s. 2012 (Revised Rules and Regulations governing
the Lease of Public Lands for Fishpond and Mangrove-Friendly
Aquaculture).

Does failure to submit the required annual report result in the

immediate cancellation of FLA?
In case the fishpond is covered by FLA, non-submission of a
report for two (2) consecutive years shall result to its cancellation.
(Sec. 109)

MENDING NETS Third Edition 57

13. Section 111 - Obstruction to Navigation or Flow and Ebb of
Tide in any Stream, River, Lake or Bay
(See FAO 216 s. 2001)

Elements Criminal Penalty Administrative Penlaty

ÎConstruction or • Imprisonment of 1 month • fine of (P200,000.00)

placing of any and1 day to 6 months and and
structure in any fine of twice the amount of the • dismantling of the
stream, river, lake administrative fine obstruction, fish corrals/
or bay • confiscation of stocks and traps, fish pens or fish
dismantling of the obstruction, cages at the expense of
fish corrals/traps, fish pens or the offender.
fish cages at the expense of
the violator

What happens when the obstruction is a structure for the

culture of fish with an appropriate permit from the government
unit concerned?
Those structures will still be removed. Lessees, permitees or
licensees are bound by this prohibition regardless of their leases,
permits or licenses (Sec. 55). See FAO 216 s. 2001, which specifically
includes in its coverage any person, lessee, licensee or permittee.

14. Section 112 - Noncompliance with Good Aquaculture

Practices
(See FAO 214 s. 2001)

Elements Criminal Penalty Administrative Penalty

ÎFishery operation involving the • Imprisonment of 3 • fine of P10,000.00 to

breeding and farming of fish years and fine of P100,000.00 per day
and other fishery species twice the amount of until the violation ceases
ÎSuch operation fails to the administrative and the fines are paid.
comply with good aquaculture fine
practices and the guidelines
for environmentally-sound
design and operation
promulgated by DA

Non-compliance with good aquaculture practice and

environmentally-sound design refer to violations of standards, which,
after failure of the owner or operator to comply thereto and to adopt
the required remedial measures, despite prior written notice of such
violations, result into any of the following situations:
a. 50% mortality of the cultures fish stocks of an aquaculture
zone comprised of several contiguous farms owned by different
individuals;

58 Chapter 2 Prohibited Acts and Penalties

 b. Poisoning of wild fish population;
c. Widespread contamination of pests and diseases; or
d. Aquatic pollution as defined under Par. 4, Sec. 4 of R.A. 10654 (Rule
112.1, IRR of R.A. 10654)

CHAPTER 2: Prohibited
What about fishponds constructed without a permit in public but

Acts and Penalties

non-mangrove areas?
This prohibition seems to have left out construction and operation
of fishponds in public, non-mangrove areas without the benefit of any
permit/license. Nonetheless, Section 25 of FAO 197 s. 2000 (Rules
and Regulations Governing the Lease of Public Lands for Fishpond
Development) provides that any improvements in areas intended
for fishpond development introduced without a lease (prior to the
effectivity of FAO 197) will be forfeited in favor of the government.
The person illegally occupying the area without a lease will be made to
vacate the area immediately.
If the person occupying the area is an applicant, he is charged
double the ordinary rental charges. Upon failure to pay the charges
mentioned, the applicant is liable for prosecution, and upon conviction
may suffer a penalty of imprisonment from 6 months to 4 years and/or
a fine of P5,000.

Do private fishponds need FLAs?

No. But even though private fishponds are not required to procure FLAs,
they are still subject to regulation by the government. Section 57 of RA 10654
provides that private fishponds must be registered with the LGUs, which
prescribe minimum standards for such facilities in consultation with DA.
Section 57 also expressly provides that DA shall conduct a yearly inventory
of all fishponds whether in public or private lands.
Interestingly, Section 57 provides that all fishpond owners must
annually report to DA the type of species found in their fishpond and
their volume of production.

15. Section 113, Paragraph (a) - Commercial Fishing Vessel

Operators Employing Unlicensed Fisherfolk, Fish worker or Crew
(See FAO 198 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎEmployment of fisherfolk • Administrative fine of • fine of P4,000.00

or fish worker or crew in a P4,000.00 for each for each unlicensed
commercial fishing vessel unlicensed fisherfolk fisherfolk or fish worker
operation or fish worker or crew or crew and
ÎFisherfolk, fish worker or and suspension or • suspension or
crew is unlicensed revocation of license for revocation of license for
commercial fishing commercial fishing.

MENDING NETS Third Edition 59

 The penalties of imprisonment and fine are imposed only on the
owner and operator of the commercial fishing vessel
The owner or operator of a commercial fishing vessel employing
unlicensed fisherfolk or fish worker or crew are administratively liable.
Section 30 of FAO 198 s. 2000 (Rules and Regulations on
Commercial Fishing) provides for the issuance by the Regional
Director of a Fish worker Identification Card subject to the submission
of certain requirements.

16. Section 113, Paragraph (b) - Fishing Vessel Engaged in

Distant Water Fishing Employing Unlicensed Fisherfolk or Fish
worker or Crew

Elements Criminal Penalty Administrative Penalty

ÎEmployment of • Fine with twice • fine of P40,000.00 for each

fisherfolk or fish worker the amount of the unlicensed fisherfolk, fish
or crew in a Philippine administrative fine worker or crew and
flagged fishing vessel and suspension or • suspension or cancellation
engaged in distant cancellation of license of license.
water fishing
ÎFisherfolk, fish worker
or crew is unlicensed

The presentation of an official receipt covering a completed

application for renewal of a Fisherman’s License and a certification
from the DA-BFAR that the renewal is being processed shall be
accepted as proof to negate liability under this section.
The owner and operator of the commercial distant water fishing
vessel are criminally and administratively liable.

17. Section 114 - Obstruction to Defined Migration Paths

(See FAO 217 s. 2001)

Elements Criminal Penalty Administrative Penalty

ÎConstruction is • Imprisonment of 7 • fine of P150,000.00 to

undertaken years to 12 years P500,000.00
ÎSuch construction and fine of twice • dismantling of the
obstructs defined the amount of the obstruction at the expense
migration paths administrative fine of the offender, and
of anadromous, • Dismantling of the • suspension or revocation
catadromous and other obstruction at the of the permit or license.
migratory species expense of the offender,
and the suspension or
revocation of the permit
or license

60 Chapter 2 Prohibited Acts and Penalties

What happens when the obstruction is a structure for the
culture of fish with an appropriate permit from the government
unit concerned?
Section 56 of RA 10654 provides that lessees, permittees or
licensees of fishponds, fish pens or fish cages are bound by this

CHAPTER 2: Prohibited
prohibition regardless of their leases, permits or licenses.

Acts and Penalties

Have migration paths and migratory species been identified by DA?
Yes. FAO 217 s. 2001 enumerates the rivers identified to be
migratory paths, and the migratory species that pass through these
rivers for breeding or feeding purposes, or as part of their life cycle.
Section 3 of FAO 217 also provides that the prohibition extends up to 1
km seaward and 1 km upward of the mouths of the identified rivers

18. Section 115 - Obstruction to Fishery Law Enforcement

Officer
(See FAO 198 s. 2000)

Elements Criminal Penalty Administrative Penalty

ÎFishery law enforcement • Imprisonment from • cancellation of

officer, authorized inspector or 6 months to 2 years license or permit and
observer, deputized fish warden and a fine twice • fine of P1,000,000.00
of the LGU, or any lawfully- the amount of the for fishing vessels
boarding government officer administrative fine operating in
seeks to perform his duty • Cancellation of Philippine waters
ÎFishing vessel owner, master license or permit or P2,000,000.00
or operator or any other for fishing vessels
person acting on behalf of operating beyond
any fishing vessel assaults, Philippine waters.
resists, intimidates, harasses,
seriously interferes with, or
unduly obstructs or delays
such fishery law enforcement
officer from the performance
of his duty

Any person who does not allow any authorized officer or an observer
to exercise any of the legal duties shall be deemed to be obstructing that
officer or person.
Section 26 of FAO 198 s. 2000 (Rules and Regulations on
Commercial Fishing) provides that the Director, or any duly authorized
fishery law enforcement officer in the performance of his official duties,
must not be obstructed or hindered from lawfully boarding fishing
vessels (whether licensed or not) for the purpose of inspecting the fish
holds or boxes containing fish or fishery/aquatic products, as well as
investigating the persons on the vessel.

MENDING NETS Third Edition 61

19. Section 116, Paragraph (a) - Philippine distant water fishing
vessel to sail without a fisheries observer on board as required by
RFMO conservation and management measures

Elements CriminalPenalty Administrative Penalty

ÎPhilippine distant water • Imprisonment of 1 • fine (P500,000.00) and

fishing vessel is sailing month and 1 day to • forfeiture of the catch
ÎWithout a fisheries 6 months and fine of and gear.
observer on board as twice the amount of the
required by RFMO administrative fine
conservation and • Confiscation of catch
management measures and suspension or
cancellation of license

20. Section 116, Paragraph (b) - Commercial fishing vessel

sailing without a fisheries observer in compliance with this Code
and the rules and regulations promulgated by DA

Elements Criminal Penalty Administrative Penalty

ÎCommercial fishing • Imprisonment of 1 • fine of P500,000.00 and

vessel is sailing month and 1 day to • forfeiture of the catch
ÎWithout a fisheries 6 months and fine of and gear
observer in compliance twice the amount of the
with this Code and the administrative fine
rules and regulations • Confiscation of catch
promulgated by the and suspension or
Department. cancellation of license

21. Section 117 - Noncompliance with Port State Measures

Elements Criminal Penalty Administrative Penalty

ÎForeign fishing vessel • Failure to comply with • Failure to comply with

seeks entry into Philippine the 24-hour period the 24-hour period:
port but failed to provide at may result in denial of (1) denial of permission
least 24-hour prior notice permission to enter or to enter or use of
to DA or use of port facilities port facilities, and
ÎForeign fishing vessel is and the vessel may (2) the vessel may be
granted entry but failed to be subject to onboard subject to onboard
provide a catch report or inspection and/or inspection and/or
ÎAny person who fails to impoundment impoundment.
comply with other rules
on port state measures
promulgated by DA

62 Chapter 2 Prohibited Acts and Penalties

22. Section 118 - Failure to Comply with Rules and Regulations
on Conservation and Management Measures

Elements Criminal Penalty Administrative Penalty

CHAPTER 2: Prohibited
ÎFailure to comply • Imprisonment of • confiscation of catch and

Acts and Penalties

with conservation 6 months and fine • suspension or cancellation of
and management twice the amount of license or permit, and
measures the administrative fine • fine of twice the value of the
ÎSuch measures • Confiscation of catch catch or the amount indicated
adopted in rules and suspension below whichever is higher:
and regulations to or cancellation of (1) P20,000.00 for municipal
be promulgated license fishing or community service in
by DA pursuant case of failure to pay the fine;
to international (2) P1,000,000.00 for small-
conventions, RFMO scale commercial fishing;
resolutions and laws (3) P2,500,000.00 for medium-
of coastal states scale commercial fishing; and
where Philippine (4) P5,000,000.00 for large-
vessels fish scale commercial fishing.

23. Section 119 - Noncompliance with Vessel Monitoring

Measures

Elements Criminal Penalty AdministrativePenalty

ÎMunicipal, commercial • Imprisonment of 6 • confiscation of catch

or distant water fishing months to 2 years and • suspension or revocation
vessel engaging in fine twice the amount of of the license and
fishing activity the administrative fine • fine equivalent to twice the
ÎWithout complying with • Confiscation of catch value of the catch or the
the vessel monitoring and suspension or amount indicated below,
measures promulgated revocation of the license whichever is higher:
by DA in coordination (1) P10,000.00 for
with the LGU or municipal fishing or
ÎIntentionally tamper community service in
with, switch off or case of failure to pay
disable the vessel the fine;
monitoring system. (2) P250,000.00 for
small-scale commercial
fishing;
(3) P500,000.00 for
medium-scale
commercial fishing; and
(4) P2,500,000.00 for
large-scale commercial
fishing.

For vessels operating in Philippine waters, only the catcher vessel

shall be covered by the requirement in this Section.
Only the master or any other person acting on behalf of the vessel
owner shall be punished with imprisonment.

MENDING NETS Third Edition 63

 In case of violation committed in waters beyond national jurisdiction,
the administrative fine shall be equivalent to five times the value of the catch
or twice the amount indicated above, whichever is higher.

24. Section 120 - Constructing, Importing or Converting Fishing

Vessels or Gears Without a Permit from DA

Elements Criminal Penalty Administrative Penalty

ÎConstructing or • Imprisonment from 1 fine of:

importing fishing month and 1 day to (1) P50,000.00 for small-
vessels or gears 6 months and fine of scale commercial fishing;
or converting twice the amount of the (2) P500,000.00 for medium-
other vessels into administrative fine. scale commercial fishing;
fishing vessels and
ÎWithout a permit (3) P2,500,000.00) for large-
from DA scale commercial fishing.

25. Section 121 - Use of Unlicensed Gear

Elements Criminal Penalty Administrative Penalty

ÎUsing a fishing gear or • Fine from P400,000.00 • fine from P200,000.00

method for commercial to P1,000,000.00 to P500,000.00 per
fishing depending on the gear depending on
ÎWithout a license from DA seriousness of the the seriousness of the
violation violation.

Official Receipts covering an application for renewal of gear

license and a certification from the DA-BFAR that the gear license is
undergoing renewal shall be accepted as proof of renewal of license
pending issuance of the gear license. (Rule 121.2 of IRR of RA 10654)

26. Section 122 - Falsifying, Concealing or Tampering with Vessel

Markings, Identity or Registration

Elements Criminal Penalty Administrative Penalty

ÎFalsifying, • Imprisonment • confiscation of catch and

concealing from 2 years to 6 • suspension or cancellation of license and
vessel identity years and a fine • fine of:
or lack of equivalent to twice (1) P10,000.00 for municipal fishing or
registration; or the amount of the community service in case of failure
Îtampering administrative fine to pay the fine;
with the vessel • Confiscation (2) P100,000.00 for small-scale
markings, of catch and commercial fishing;
identity or suspension or (3) P1,000,000.00 for medium-scale
registration cancellation of commercial fishing; and
license (4) P5,000,000.00 for large-scale
commercial fishing.

64 Chapter 2 Prohibited Acts and Penalties

 In case of violation by distant water fishing vessels, the
administrative fine shall be twice the amount indicated above.

27. Section 123 - Concealing, Tampering or Disposing of

Evidence Relating to an Investigation of a Violation

CHAPTER 2: Prohibited
Acts and Penalties
Elements Criminal Penalty Administrative Penalty

ÎConcealing, tampering • Imprisonment from 5 • suspension or

or disposing evidence years to 10 years and cancellation of license
ÎSuch evidence relates fine equivalent to twice and
to an investigation of the administrative fine • administrative fine of:
a violation under RA • Suspension or (1) P10,000.00 for
10654 cancellation of the municipal fishing or
license community service in
case of failure to pay
the fine;
(2) P100,000.00
for small-scale
commercial fishing;
(3) P1,000,000.00
for medium-scale
commercial fishing;
and
(4) P5,000,000.00)
for large-scale
commercial fishing.

Note: In case of violation by distant water fishing vessels, the

administrative fine shall be twice the amount indicated above.

28. Section 124 - Noncompliance with the Requirements for the

Introduction of Foreign or Exotic Aquatic Species

Elements Criminal Penalty Administrative Penalty

ÎImporting, introducing, • Imprisonment of 6 • fine of P200,000.00 to

or breeding, foreign or years to 12 years and P6,000,000.00 and
exotic aquatic species fine from P400,000.00 • confiscation and
ÎWithout the conduct of to P12,000,000.00, destruction of the foreign
risk analysis and prior confiscation of foreign or or exotic species.
approval of DA exotic species and the • Should the species
costs for containment, become invasive and
eradication or restoration. result to predation of
• Confiscation of foreign native aquatic biota, loss
or exotic species and the of income or damage to
costs for containment, the habitat, the offender
eradication or restoration. shall bear the costs of
containment, eradication
and/or restoration.

MENDING NETS Third Edition 65

 The importation, introduction to the wild, or breeding of foreign
or exotic aquatic species or genetically modified aquatic species, their
by-products and derivatives, shall be governed by the provisions of R.A.
9147 or the Wildlife Act, FAO No. 221, Series of 2003, and EO No. 514,
Series of 2006. (Rule 124.1 of IRR of RA 10654)

29. Section 125 - Failure to Comply with Standards and Trade-

Related Measures

Elements Criminal Penalty Administrative Penalty

ÎFailing to comply with • Imprisonment from 6 • fine of P50,000.00 to

standards for weights, months to 2 years and a P2,000,000.00, depending
volume, quality and fine from P100,000.00 to on the seriousness,
other requirements for P4,000,000.00 depending extent and volume of
all fishery transactions on the seriousness, trade associated with the
and trade and trade- extent and volume of violation,
related measures trade associated with the • confiscation of the
ÎSuch standards are violation shipment or fishery
prescribed by DA • Confiscation of the products and
shipment or fishery • suspension or revocation
products and suspension of registration or license.
or revocation of
registration or license

30. Section 126 - Possessing, Dealing in or Disposing Illegally

Caught or Taken Fish

Elements Criminal Penalty Administrative Penalty

ÎShipping, commercially • Imprisonment from • fine of P50,000.00

transporting, offering for 6 months to 2 years, to P200,000.00 or 5
sale, selling, importing, and fine of 8 times the times the value of fish
exporting, or have custody, value of the species or species, whichever is
control, or possession or from P100,000.00 higher, and
of, or to deal in or in any to P500,000.00, • confiscation of the same.
manner dispose of any fish whichever is higher
or species • Confiscation of the
ÎSuch fish or species fish or fishery products
caught, taken or retained and suspension
in violation of RA 10654 or revocation of
registration or license

The discovery of any fish or species caught with the use of

explosives or noxious or poisonous substances shall constitute a prima
facie presumption that the possessor, seller, fish dealer, transporter,
importer, or exporter thereof has knowledge that the fish or species
was caught or taken in violation of this Code.
Exception: The prohibited acts mentioned in this section do not

66 Chapter 2 Prohibited Acts and Penalties

apply to acts undertaken to dispose confiscated fish flowing seizure or
confiscation in accordance with existing rules. (Rule 126.3 of IRR of RA
10654)

31. Section 127 - Unauthorized Disclosure of Sensitive Technical

CHAPTER 2: Prohibited
Information

Acts and Penalties

Elements Criminal Penalty

ÎData from the vessel monitoring system • Imprisonment of 6 months and 1 day
or vessel monitoring measure and other to 6 years
related data arising therefrom • Removal from office and forfeiture
ÎSuch data is disclosed without of all retirement benefits, where
authorization from DA applicable

Note: The data include trade, industrial and policy information

of Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers, and researchers when disclosure of such information
will injure the competitiveness or viability of domestic fisheries. (SEC.
155)
Exception: The following instances are authorized disclosure,
provided, the affected party is informed of such disclosure:
1. When officially requested by a government agency to be used as
evidence for the prosecution of fishery or other offense;
2. When requested by the flag, coastal or port state for its own
investigation or traceability; and
3. Other analogous circumstances. (Rule 127.1 of IRR of RA 10654)

32. Section 128 - Other Violations

Elements Administrative Penalty

ÎDA issue fishery administrative • Fine of P100,000.00 to 5,000,000.00,

orders or regulations depending on the socioeconomic impact
ÎSuch order or regulation is and seriousness of the violation, volume and
violated value of the fisheries product, damage to
the environment due to the violation, and the
habituality of the offender.
• Removal from office and forfeiture of all
retirement benefits, where applicable

The fines prescribed under RA 10654 shall be increased by at least

10% every 3 years to compensate for inflation and to maintain the
deterrent function of such fines. (SEC. 129)

MENDING NETS Third Edition 67

OTHER LAWS PROHIBITING/REGULATING ACTIVITIES IN
COASTAL AREAS

NIPAS Act - RA 7586

Coastal Activities Covered Penal Provisions

ÎActivities conducted within protected areas, since • Sections 20 and

“protected area” encompasses inland bodies of water, and 21
coastal and marine areas
ÎActivities involving all species and resources found in such
protected areas

Wildlife Act - RA 9147

Coastal Activities Covered Penal Provisions

ÎActivities involving all wildlife resources and habitats in the • Sections 27 and
Philippines, which include all aquatic species and their habitats 28

Mining Act - RA 7942

(See DENR DAO No. 96 s. 1996)

Coastal Activities Covered Penal Provisions

ÎActivities involving mineral resources within the territory • Sections 103 and 108
and exclusive economic zone of the Philippines, which • Sections 79 (a) of
include the coastal and marine environment • DAO 96 s. 1996

e.g.
• Quarrying along beaches 200 m from the mean low tide level
• Mining in offshore areas within 500 m from the coast
• Violation of the Environmental Compliance Certificate

IPRA - RA 8371

Coastal Activities Covered Penal Provisions

ÎActivities within ancestral waters, which are • Section 72

included in the definition of ancestral Domains • Customary laws of
indigenous peoples

68 Chapter 2 Prohibited Acts and Penalties

EIA Law - PD 1586
(See DENR DAO 30-03 and National Environmental Protection
Council Office Circular
No. 3 s. 1983)

CHAPTER 2: Prohibited
Coastal Activities Covered Penal Provisions

Acts and Penalties

ÎEnvironmentally Critical Projects and projects located • Section 16, Article IV of
within, or that may affect, the coastal environment and DAO 30-03
its resources
ÎUndertakings within coastal areas classified as
Environmentally Critical Areas

e.g:
• Reclamation projects that involve the filling or draining of areas
equal to or exceeding 1 ha
• Infrastructure in national parks, wildlife preserves and sanctuaries

Forestry Code - PD 705

Coastal Activities Covered Penal Provisions

ÎIllegal occupation of coastal areas • Section 78

ÎIllegal cutting, gathering, collecting and/or possession of • Section 79
mangroves

Clean Water Act - RA 9275

Coastal Activities Covered Penal Provisions

ÎDischarge or transport of pollutants in water bodies and • Chapter 5

the margins of any surface water
ÎLand-based facilities that allow the direct or indirect
pollution of water bodies, including groundwater sources,
willfully or through gross negligence

Water Code - PD 1067

Coastal Activities Covered Penal Provisions

ÎActivities involving water above ground, which includes • Article 90

rivers and lakes
ÎActivities involving waters of the sea within the territorial
jurisdiction of the Philippines

e.g. Establishment of salvage or easement zones at the banks of rivers

and streams, and at the shores of seas and lakes (Article 51)

MENDING NETS Third Edition 69

Public Land Act - Commonwealth Act 141

Coastal Activities Covered Penal Provisions

ÎUse of foreshore areas • Chapter XVI

e.g. Lease of foreshore lands (Chapter IX)

70 Chapter 2 Prohibited Acts and Penalties

CHAPTER 3
Boarding Procedure

T
he procedure for Board, Search, Arrest and Seizure (BSAS)
of all types of vessel involved in illegal fishing activities to
be used by all coastal law enforcers and deputized wardens
shall ensure the safety and security and adherence to existing
procedures adopted from the Police Operational Procedure (POP) of
the Philippine National Police (PNP), the Fishery Law Enforcement
Manual of Operations (FLEMO) of the Bureau of Fishery and Aquatic
Resources (BFAR) and existing international protocols on Visit, Board,
Search and Seizure (VBSS) and maritime interdiction and boarding.

Definition of Key Terms

a. Unopposed/Compliant Boarding. An unopposed or compliant

boarding is one in which the captain of the suspect vessel complies
with the Team Leader’s (TL) instructions and the following additional
conditions are met:
(1) No apparent passive/active resistance measures employed by
suspect vessel’s crew.
(2) No apparent indications of thereat observed during the patrol
observation & surveillance (POS).

b. Non-cooperative/Non-compliant Boarding. A non-cooperative

or non-compliant boarding is one in which there is no intelligence to
indicate a threat, and any or all of the conditions listed below are met:
(1) The captain of the suspect vessel does not acknowledge
communication, fails to cooperate or continuously refuses to
follow instructions in allowing the boarding to take place.
(2) Passive measures in place are intended to delay, impede,
complicate and/or deter boarding of the suspect vessel and can
be overcome by mechanical means.
(3) Passive resistance measures in place are intended only to delay,
impede, complicate and/or deter search and seizure of suspect
vessel and can be overcome by mechanical means.

c. Opposed Boarding. Opposed boarding is one in which any or all of

the following conditions are met:
(1) The captain of the suspect vessel actively refuses to allow
boarding to take place.
(2) Passive resistance measures in place are clearly intended to

MENDING NETS Third Edition 73

 inflict harm on the boarding party or create a very dangerous
environment.
(3) Intelligence indicates a possible threat on board the suspect
vessel or the vessel is suspected of carrying illicit cargoes.

Patrol Observation & Surveillance (POS)

All vessels within the designated coastal law enforcement patrol
area should be observed and monitored for violations of fishery laws
and regulations. All available members of the enforcement team should
assist in the patrol observation and surveillance using all available
means including binoculars to detect, identify, and observe actual
violations that should be immediately recorded in the team operations
logbook and individual notebook/tickler to serve as a basis for the
apprehension report and as a reference during presentation in court.
The experienced members of the coastal law enforcement team
must be able to distinguish any attempt by the suspect vessel to
disguise their fishery violations by employing tricks to and to delay the
boarding including feigning mechanical breakdown, declaring false
vessel name/registration/origin/destinations and attempting to speed
away or flee from the scene.
A reliable intelligence based on information gathered from the
surveillance of the suspect vessel is vital to knowing that the coastal
law enforcement team patrol area is the usual fishing ground for fishing
vessel that violates fishery laws and regulations.

Essential Elements of Information on the Suspect Vessel

The Essential Elements of Information (EEI) that should be
recorded during the patrol observation and surveillance should
include, but are not limited to, the following:
a. Name, description, markings and approximate location of the
fishing vessel.
b. Number of personnel onboard, activities of the fishing vessel and
their reactions to the presence of the coastal law enforcers.
c. Number and type of dangerous weapons (bladed weapons,
firearms, etc.).
e. Evidence of hidden cargo holds, false waterlines, newly painted
hull markings etc.
d. Unusual obstructions on deck or any evidence of preparations to
repel or impede the boarding operations.
h. Maneuvers by suspect vessel to evade interdiction or impede the
boarding.

Patrol Boat Positioning

The patrol boat should be maneuvered in a position and direction to

74 Chapter 3 Boarding Procedure

minimize susceptibility to a hostile act, such as ramming or dropping
nets or other materials to obstruct the boarding. Always maintain
a safe distance that minimizes the risk to the members of the team.
Additionally, give consideration to positioning the ship ‘up sun’ and on
the suspect vessel’s port quarter or starboard quarter to provide the
security team reasonable space and time to react to any hostile act of
the suspect vessel’s crew.

Boarding Team Composition

The BSAS boarding party shall consist of the following:
a. The Team Leader (TL)
b. Assistant Team Leader (ATL)

Boarding Procedure
c. Evidence Custodian/Recorder

CHAPTER 3:
d. Security Team
e. Search Team

Patrol Observation and Surveillance Communication Procedures

It is important that the overall conduct of any calling, hailing
or questioning of the suspect vessel by the Team Leader be firm,
respectful and non-confrontational. In case, the boat captain and crew
of the fishing vessel are not proficient in the local dialect, appropriate
consideration should be made to ensure that instructions are
understood to limit miscommunication during all stage of the board,
search, arrest and seizure procedures.

a. The Team Leader should make initial contact with the suspect
vessel via the marine band radio on VHF Channel “16” aided by other
means to attract its attention including the use of siren, whistle
and flashing lights or spot lights at night or in reduced visibility, if
available. To gain the attention of the suspect vessel, specifically if the
vessel’s name is still unrecognizable from a safe distance during the
initial approach, the suspect vessel’s position in reference to a known
geographic reference point, or to the relative position of the patrol boat
should be announced when hailing it on the radio.

b. The Team Leader must make all available means to inform the
suspect vessel of the following:
(1) Identity and authority of the coastal law enforcement team.
(2) Violation(s) of the fishing vessel.
(3) Intention of the team to conduct boarding and search of the
suspect vessel.

c. The Team Leader should instruct the captain of the suspect vessel
to slow down, stop the vessel and allow the safe boarding.

MENDING NETS Third Edition 75

 d. The following additional information should be obtained:
(1) The total number of people onboard the vessel.
(2) Whether or not animals are carried on board the vessel.
(3) Any weapons and their location on board the vessel.

e. In addition, the Team Leader should instruct the vessel’s captain to:
(1) Have his crew muster in open view of the security team
preferably in the suspect vessel’s bow.
(2) When applicable, a member of the crew may be allowed to
remain near the deck where the patrol boat is to approach to
assist the security team in boarding particularly during strong
winds and moderate to rough sea conditions.
(3) Turn on all interior lights (and exterior, if at night or during
reduced visibility) if applicable.
(4) Have all cargo and storage spaces opened as much as possible.
(5) Have all the fishing vessel documents and crew identification on
hand for inspection.

DIAMOND
APPROACH

76 Chapter 3 Boarding Procedure

 Boarding Procedure
CHAPTER 3:
ROUNDABOUT
APPROACH

HORSE SHOE
APPROACH

MENDING NETS Third Edition 77

 MODIFIED H/S APPROACH –
THE ‘U’ APPROACH

Approach Procedures
The patrol boat’s approach should be deliberate with outmost
importance on the safety and security of the entire boarding party
while allowing the security team to react in case of any hostile action of
suspect vessel’s crew to oppose the boarding.
The approach procedure shall depend upon the available number
of personnel and the number of patrol boat used in the coastal law
enforcement operations. The following shall be the procedure for
board, search, arrest and seizure using a single or multiple patrol boats:

a. One Patrol Boat Approach Tactic

The single approach procedures consist of the following:
(1) The patrol boat should be positioned abaft the beam on the
windward quarter of the suspect vessel, if possible, at a safe
distance until the initial pre-boarding instruction to the suspect
vessel have been complied. Remaining abaft the beam reduces
exposure to possible threats to the patrol boat while providing the
best possible view of the accommodation, cargo hold and bow of
the suspect vessel for the security team to observed and identify
any possible actions by the crew to resist or delay the boarding.
(2) If the operation is being conducted at night, all available
flashlight and lighting devices should be employed to observe the
suspect vessel and its crew.

78 Chapter 3 Boarding Procedure

 (3) When the Team Leader is satisfied with the initial threat
assessment, the patrol boat shall approach the suspect vessel
side where the intended boarding is to done.
(4) The initial approach should be characterized by extreme caution
since the true intentions of the crew of suspect vessel are still
unknown.

b. Two Patrol Boat Approach Tactics

(1) The lead patrol boat should approach in accordance with
preceding paragraph.
(2) The support patrol boat should maneuver in the opposite
quarter of the suspect vessel with a greater distance between it

Boarding Procedure
and the suspect vessel and it should be visible to the boarding

CHAPTER 3:
team at all times.
(3) Members of the support patrol boat should continue to observe the
movement of the crew of the suspect vessel crew and other fishing
vessels in the area that might try to oppose or obstruct the boarding.

c. The support patrol boat should at all times be ready to assist the
primary patrol boat when required.

Board and Search

The boarding and searching phase:
a. The boarding phase is potentially dangerous because of the risk
involved when boarding from the patrol vessel to the suspect vessel in
open sea with less than ideal visibility, sea and wind conditions.
b. Boarding party members may be required to climb from their
patrol boat to the deck of the suspect vessel at night and in poor
weather conditions, so physical conditioning and practice is a must.

Boarding Party Composition

a. The coastal law enforcement team should be composed of a
minimum of six (6) members designated as follows:
(1) Team Leader (TL) - The TL is usually the most senior and
experienced in the team. He should be knowledgeable of the
other articles covered in this guidebook.
(2) Assistant Team Leader (ATL) - The ATL must be ready to
assume the responsibilities and functions of the TL when
needed. He can also be a member of the other teams when no
other personnel are available. He also acts as the Recorder,
Photographer and Evidence Custodian.
(3) Security Team - The security team must preferably be a uniformed
personnel of law enforcement agencies (PNP-MG, PCG, BFAR
etc.) that are trained in high risk boarding. All authorized firearms
carried by qualified personnel should be recorded.

MENDING NETS Third Edition 79

 (4) Search Team - The search team is responsible for the conduct of
actual search of the suspect vessel.

Pre-boarding Instructions to the Suspect Vessel:

a. Prior to the final approach and boarding, the suspect vessel must
have complied with the following instructions:
(1) Slowed to a complete stop, engine is stop and it has already
anchored, if applicable.
(2) The selected boarding side is cleared of obstruction to allow the
safe and easy boarding of the security team.
(3) All interior lights (exterior also if at night) are switched on.
(4) All personnel of the suspect vessel are in topside near the bow
and visible to the members of the security team. Depending on
the situation such crew maybe asked to put their hands above
their heads and lift their shirt to show that they are not carrying
or concealing deadly weapons.

b. In addition to the above, the suspect vessel may be asked if it

has weapons aboard including licensed firearms that must be secured
inside the suspect vessel prior to boarding.

Boarding Party Communications

Pre-boarding Briefs
Instructions prior to boarding:
a. Possible threats on the suspect vessel.
b. Safety concerns in relation to the existing conditions present at
the time (weather, visibility, sea condition, etc.).
c. Reminder on the respect for human rights and adherence to the
BSAS procedures.
d. Use of ‘Code Words’ including hand signals to indicate possible
threats and presence of illegal items onboard the suspect vessel.
e. Emergency procedures in case of any eventualities.

Two BSAS Conditions:

a. Unopposed/Compliant Boarding
b. Opposed/Non-compliant Boarding

Unopposed Boarding Procedures

One of the most dangerous parts of any coastal law enforcement
operations is the actual boarding of the suspect vessel. Boarding operations
are often conducted at night and/or in any weather conditions. The
Security Team should board first and conduct an initial security sweep of
the suspect vessel including all open areas as well as ensure that the crew
are not carrying or concealing any dangerous weapons. Once the suspect

80 Chapter 3 Boarding Procedure

vessel is relatively secured, the remainder of the boarding party should
follow with the Team Leader being the last to board.

Search Team Procedures - The function of a Search Team is

to conduct the actual search of the suspect vessel to locate, properly
tag, preserve and submit for examination, if applicable any pieces of
evidence to support the case(s) to be filed in court. The Search Team
plays a critical role in gathering and preserving evidence.

The importance of maintaining the chain of custody of the

evidence seized and collected from the suspect vessel should always
be remembered. The use of all available means (photograph, video and

Boarding Procedure
testimony) to document the exact location where such were found

CHAPTER 3:
onboard the suspect vessel and the description of said evidence must at
all times be observed.

Initial Security Sweep - An initial security sweep will be

conducted by the Security Team to determine the presence of any
unaccounted personnel and dangerous weapons on board the suspect
vessel and to look and identify for any obvious safety hazards that
might harm or endanger the boarding party. Results of the security
sweep must be reported to the Team Leader, who shall only allow the
boarding of the other teams upon such confirmation.

Sweep of Cargo Holds/Tanks - The Search Team must exercise

extreme caution when entering enclosed fish holds/tanks or storage
spaces. Lighting in said areas are often poor or nonexistent; ladders
may be structurally weak or damaged; decks and ladders may be oily;
noxious or hazardous vapors may be present (especially in engine
rooms and enclosed storage spaces); air may be oxygen deficient; cargo
may not be securely stowed; and other hazards exist separate from the
threat of armed resistance. It is important that members of the boarding
party never open any hatch, door, package, container, etc. This is to
avoid injury of the boarding party by badly stowed containers, boxes, or
holds. Have a crew of the fishing vessel open all doors and hatches and
enter all spaces first. Do not handle and move any suspicious dangerous
and sensitive explosives components (blasting caps/detonators and
improvised explosives mixtures used in blast fishing).

Dealing with the Suspect Vessel’s Crew

While coastal law enforcement are generally compliant and non-
hostile, the security team should not assume the crew will not be
hostile. Caution, alert observation and sound judgment are essential.
The following are some “do’s” and “don’ts” during BSAS operations:
a. Do perform the following:

MENDING NETS Third Edition 81

 (1) Be firm, but polite in issuing instructions, respect of human
rights is paramount at all times.
(2) Utilize the suspect vessel’s chain of command. Have the captain
or other officers give orders to the crew.
(3) Be sensitive to the religious customs of the crew.
(4) Keep the crew of the suspect vessel at a safe distance from the
Security Team to prevent them from being overpowered or
disarmed.

b. Do not perform the following:

(1) Threaten or provoke the crew.
(2) Accept food or drinks.
(3) Fail to be on guard.
(4) Allow any crew or passengers to leave the assembly area
unescorted.
(5) Give away any information that may be useful to the suspect
vessel.
(6) Discuss boarding party procedures or intentions.

Opposed/Non-Compliant Boarding
Tactical Boarding of the Suspect Vessel. In case of actual resistant
and blatant disregard of the crew of the suspect vessel to comply with
the instructions from the Team Leader to enable a routine board and
search, the team shall proceed with heightened level of BSAS. It is
imperative that trained and armed personnel (BFAR, PNP-MG, PCG,
PN, NBI etc.) composed the Security Team for this purpose.
The Revised Police Operational Procedure (POP) of the Philippine
National Police (PNP) shall guide the coastal law enforcement team
during Opposed/Non-Compliant Boarding, to wit:

Use of Force during Police Operations (Rule 7, Revised Philippine

National Police Operation Procedure series of 2013)

Use of Excessive Force Prohibited

The excessive use of force during police operation is prohibited.
However, in the lawful performance of duty, a police officer may use
necessary force to accomplish his mandated tasks of enforcing the law
and maintaining peace and order.

Issuance of Verbal Warning

The police officer must first issue a verbal warning before he could use
force against an offender. As far as practicable, the verbal warning shall
be in the dialect that is known to the offender or in the national language.
Basically the verbal warning shall consist of the following: the police officer
identifying himself; his intention; and what he wants the offender to do. If

82 Chapter 3 Boarding Procedure

the offender is a foreigner, the verbal warning shall be done in the English
language followed by a demonstrative act of the police officer’s intent. The
verbal warning shall be done in a loud and clear manner.

Non-Issuance of Verbal Warning When Excusable

The failure to issue a verbal warning is excusable in cases where
threat to life or property is already imminent, and there is no other
option but to use force to subdue the offender.

Use of Non-Lethal Weapon

When suspect is violent or threatening, and that less physical
measures have been tried and deemed inappropriate, a more extreme,

Boarding Procedure
but non-deadly measure can be used such as baton/truncheon, pepper

CHAPTER 3:
spray, stun gun and other non- lethal weapon to bring the suspect
under control, or effect an arrest.

Application of Necessary and Reasonable Force

During confrontation with an armed offender, only such necessary
and reasonable force should be applied as would be sufficient to
overcome the resistance put up by the offender; subdue the clear and
imminent danger posed by him; or to justify the force/act under the
principles of self- defense, defense of relative, or defense of stranger.

Use of Firearm during Police Operations (Rule 8, Revised

Philippine National Police Operation Procedure series of 2013)

Use of Firearm When Justified

The use of firearm is justified if the offender poses imminent danger
of causing death or injury to the police officer or other persons. The use
of firearm is also justified under the doctrines of self-defense, defense of
a relative, and defense of a stranger. However, one who resorts to self-
defense must face a real threat on his life, and the peril it sought to be
avoided must be actual, imminent and real. Unlawful aggression should
be present for self-defense to be considered as a justifying circumstance.

PORT
QUARTER

STARBOARD
QUARTER

BOARDING, SEARCH, ARREST,

SEIZURE APPROACH

MENDING NETS Third Edition 83

CHAPTER 4
Arrest, Search, Seizure and Detention

A
winning case, or a losing one, starts before the actual
prosecution— that is, from the time of arrest, search and
seizure. Arrests, if not properly made, become unlawful.
Search and seizure, if not legally conducted, will render
seized evidence inadmissible. Admissions and confessions, if not
elicited in a manner prescribed by law, may amount to uncounseled
confession. Protocols forgotten or ignored may result in countersuits
against the law enforcers themselves.
Arrest, search, seizure and detention or ASSD refers to the
groundwork that must be done—and done properly—prior to
prosecution, for the purpose of establishing probable cause, if not
the guilt, of the accused. It includes custodial investigation of the
apprehended person, as well as custody of seized items. These activities
may be done by law enforcement officers, or by private persons under
citizens’ arrest in instances of valid warrantless arrests.
All Rules cited are from the Revised Rules of Court, unless
otherwise indicated.

ARREST
Arrest is the taking of a person into custody so he may answer
charges for an offense. This may be made by actual restraint of the
person to be arrested or by his voluntary submission to the custody of
the person making the arrest (Rule 113, sec. 1 & 2).
Arrests may be made in two ways: first, with a warrant and second,
through a valid warrantless arrest.

Is there a difference between the procedure for arresting

violators of environmental law and the procedure for arresting
offenders for ordinary crimes?
No. The procedure for arresting suspects in environmental crimes
is the same as the procedure for suspects in ordinary crimes.

Who can make arrests?

Police officers, officers charged with the enforcement of coastal
laws, or deputized fish wardens may conduct an arrest. Ordinary
civilians may conduct arrests only in cases of valid warrantless arrests.
The earlier the Miranda Warning is given, the better. (See Custodial
Investigation Rights). This removes any cause for the arrested person

MENDING NETS Third Edition 87

to claim later on that he was taken for questioning without being
informed of his rights. The occasion when the Miranda Warning was
given should be included in the affidavit.
However, the failure to give the Miranda Warning is not a ground
for the dismissal of the case when the arresting officer merely asked
about personal circumstances or made a general inquiry. It is a ground
for dismissal when the question is already incriminating on the part of
the arrested person under custodial investigation.

How are deputized environmental law enforcers protected when

making arrests?
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. (Rules of
Procedure for Environmental Cases, Part V, Rule 11, Section 1(b))

Arrest Made with Warrant

Arrests are generally unlawful when not accompanied by a warrant.
Whenever possible, a warrant must first be secured before the arrest is
actually made.

What documents are required in procuring a warrant?

• Complaint signed by the offended party (e.g. Bantay Dagat, fish
warden, fisherfolk)
• Or complaint subscribed by peace officer (usually the Chief of
Police) or any other public officer charged with enforcing the
law (e.g. Bureau of Fisheries and Aquatic Resources [BFAR]
representative, municipal agricultural officer)
• Or information signed by the prosecutor
• Resolution by the prosecutor (for offenses requiring Preliminary
• Investigation)
• Other supporting affidavits and documents (e.g. certification of fine
mesh, certification of non-registration) (Rule 110, sec. 3 & 4 and Rule
112, sec. 6)

How is a warrant of arrest issued?

Warrants can only be issued by a judge. The procedure for issuing
the warrant depends on the type of offense, as distinguished below.

Offenses requiring preliminary investigation

Preliminary Investigation (PI) is required for offenses that have
an imposable penalty of at least 4 years, 2 months and 1 day, without
regard to the fine. (e.g. use of active gear, where the penalty imposed is
2 years to 6 years).
A PI is conducted by a prosecutor for the purpose of determining

88 Chapter 4 Arrest, Search, Seizure and Detention

whether there is probable cause. To do this, the prosecutor requires
the respondent to submit a counter-affidavit, after which he issues a
resolution based on the complaint and counter-affidavit. After the PI,
the judge evaluates the resolution of the prosecutor and its supporting
evidence. If the judge finds probable cause, he issues the warrant of
arrest. (Rule 112, sec. 6).
Probable cause is the existence of facts and circumstances that
would lead an average person (even if not knowledgeable about
the technical rules of evidence) to believe that an offense has been
committed and that the item, article or object sought to be seized is in
the place to be searched (People v. Aruta, 288 SCRA 626, 1998).

Offenses not requiring preliminary investigation

This covers offenses that have a prescribed penalty of less than
4 years, 2 months and 1 day, without regard to the fine, but are not
covered by the rule on summary procedure. (e.g. use of fine-mesh net,
where the penalty imposed is 6 months to 2 years).

1. If the case is filed with the prosecutor

Search, Seizure and Detention

CHAPTER 4: Arrest,
The prosecutor makes a resolution based on the complaint, the
supporting affidavits and other documents. No counter- affidavits
are needed from the respondents. The judge issues the warrant
of arrest if he finds probable cause based on the resolution of the
prosecutor and the supporting documents. (Rule 112, sec. 9[a])

2. If the case is filed with the MTC or MCTC

The investigating judge personally evaluates the evidence, or
examines in writing and under oath the complainant and his
witnesses in the form of searching questions and answers. If the
judge finds probable cause, the warrant is issued. (Rule 112, sec.
9[b])

What about offenses falling under the Summary Procedure?

A Summary Procedure covers violations of municipal ordinances
and other criminal cases where the prescribed penalty does not exceed
6 months (see Chapter 6: Prosecution). No warrant of arrest is issued
for this type of offense. The judge issues a warrant of arrest only if
the accused fails to appear whenever required by the court. (Revised
Rules on Summary Procedure, Sec. 16). (e.g. violation of an ordinance
regulating compressor fishing).

What makes a warrant of arrest valid?

The following have to be present for a warrant of arrest to be valid:
• Existence of probable cause
• Judge has examined the complainant and witnesses under oath

MENDING NETS Third Edition 89

 • Issuance is determined by the judge himself
• A particular description of the person to be arrested is provided

Does a warrant of arrest expire after 10 days?

No. Unlike a search warrant, a warrant of arrest does not expire
within 10 days from receipt by the apprehending officer. It is only
required that a return be made to the judge who issued the warrant
after a lapse of 10 days, i.e., the judge must be informed that the warrant
has not yet been served. (Rule 113, sec. 4)

What must be remembered when arresting with a warrant?

• Arrest may be made at any time of the day or night. (Rule 113, sec. 6)
• The person to be arrested must be informed of the cause of the arrest
and the fact that a warrant of arrest has been issued. (Rule 113, sec. 7)
• Arrest may be made even if the officer does not have the warrant in
his possession at the time of arrest, but it must be shown later. (Rule
113, sec. 7)
• All warrants of arrest shall be accompanied by a certified true copy
of information filed with the issuing court. (Rule 11, Sec. 2 of RPEC)

What kind of force may be used when making the arrest?

No unnecessary force should be used in restraining the accused (Rule
113, sec. 2). Warning shots are prohibited. Officers must use peaceful
means in intervention, such as megaphones, whistles or other similar
means (Rule 4). Use of firearms is justifiable only by virtue of the:
• Doctrine of Self-defense
• Defense of Relative
• Defense of Stranger, if the police has probable cause to believe that
the suspect poses an imminent danger of death or serious physical
injury to the police or other persons (Philippine National Police
[PNP] National Police Operational Procedure, Rules of Engagement,
Rules 4 & 5, 2002) e.g. when illegal fishers fire at law enforcers.

What if illegal fishers do not stop their vessels when asked by law
enforcers?
The law enforcers still should not fire warning shots, but instead
simply pursue the vessel. If they cannot overtake it, they should at least
secure a positive identification of the vessel, such as its name markings,
colors, numbers, size description and general direction where it sailed
away, as well as of the suspected illegal fishers.

Warrantless Arrest
In coastal law enforcement, warrantless arrests become the general
rule rather than the exception. Because the violators are aboard motor
vessels that could easily speed away before a single sentence is written

90 Chapter 4 Arrest, Search, Seizure and Detention

on the complaint, law enforcers must act quickly.
Warrantless arrests are valid only in the following instances: (Rule
113, sec. 5)

1. While the offense is being committed

A person may be arrested when he has committed, is actually
committing or is attempting to commit an offense in the presence of
the person making the arrest.
e.g.
• A person is caught in the act of fishing inside a sanctuary
• A dynamite is seen inside the fishing vessel of a fisherman
• A person sees the offense from a distance or hears the disturbance
created by it and proceeds at once to the scene (People v. Sucro 195
SCRA 388, 1991). This may apply to blast fishing.

2. When the offense has just been committed and probable cause
exists
A person may be arrested when the offense has just been
committed and the arresting officer or private person has probable

Search, Seizure and Detention

CHAPTER 4: Arrest,
cause to believe, based on personal knowledge of facts or on indicative
circumstances, that that person was the one who committed the crime.
To be valid, this exception requires two conditions:
• The offense has just been committed
• The arresting officer has probable cause to believe, based on
personal knowledge, that the person to be arrested has committed
the offense.

When is an offense considered “has just been committed”?

The longest that the Supreme Court has allowed under the phrase
“has just been committed” is 12 hours after the commission of the
crime (People v. Sinoc, 275 SCRA 357, 1997). It nullified an arrest made
after 19 hours (People v. Manlulu, 231 SCRA 701, 1994). Therefore, a
warrantless arrest made within 12 hours is legally permissible under
this exception. If the warrantless arrest is made between the 12th and
19th hours, the legality is debatable.

What does personal knowledge mean?

The decisions in some cases state that personal knowledge is
derived from the sense perception of the arresting officers (People v.
del Rosario, 305 SCRA 740, 1999). Most cases, however, validate an
arrest based on the knowledge derived by the arresting officer from his
investigation and the testimony of witnesses (People v. Posadas, 342
SCRA 388, 2000).
As a minimum, however, and to prevent abuse, an eyewitness or
victim must accompany the arresting officer during the arrest. At the

MENDING NETS Third Edition 91

very least, material or physical evidence must be found linking the
person to be arrested to the crime. In People v. Sinoc (275 SCRA 357,
1997), the Court validated the arrest of the accused in a robbery case,
because he was holding the key to the stolen vehicle. This would at least
ensure that arrests are not based on mere suspicion.

3. When the person has escaped from detention

A person may be arrested when he has escaped from a penal
institution, or any place where he is serving sentence or is temporarily
confined while his case is pending.
An arrest made without a warrant or made under an invalid
warrantless arrest will make the documents, things or articles seized
during the illegal arrest inadmissible as evidence (People v. Domatay,
307 SCRA 1, 1999).

Who may conduct warrantless arrests?

Peace officers or private persons may conduct warrantless arrests.
Deputized fish wardens or members of fisherfolk organizations usually
apprehend illegal fishers while on patrol or while they themselves are
fishing.

How is a warrantless arrest made?

The officer must inform the person to be arrested of his authority
and of the cause of the arrest. This does not apply when:
• the person to be arrested is committing the offense, is pursued after
its commission, has escaped, flees or forcibly resists arrest before
the officer has had the opportunity to inform him
• giving such information will imperil the arrest.

When must a person arrested without a warrant be delivered to

judicial authorities?
A person arrested and detained by virtue of a warrantless arrest
must be delivered to proper judicial authorities within the following
periods:

Penalty Imposed Penalty Imposed Period

Light Imprisonment of 1 to 30 days/fine of less than 12 hours

P200

Correccional Imprisonment of 1 month & 1 day to 6 years/fine of 18 hours

not more than P6,000 but not less than P200

Afflictive or capital Imprisonment of 6 years & 1 day to 20 years/fine 36 hours

exceeding P6,000

(RPC, Art. 125)

92 Chapter 4 Arrest, Search, Seizure and Detention

 Use of active gear in municipal waters is penalized with an
imprisonment of 2 years to 6 years, which falls under correccional
penalties. The case must thus be filed within 18 hours.

delay in the delivery & arbitrary detention

What does “delivery” mean?

Delivery of a person to judicial authorities is the filing of a complaint or
information before the court. Physical delivery of the accused to the police
station is not delivery; neither is the filing of the complaint with the Office of
the Prosecutor for the purpose of inquest investigation. Therefore, the time it
takes for the prosecutor to conduct an inquest and prepare the information
must be considered in order to deliver the accused to the court within the
required period. (See Prescriptive Periods in Chapter 6: Prosecution.)
Failure to comply with the requirement on delivery will make the detention
officer or employee liable for delay in the delivery of detained persons to
the proper judicial authorities under Article 125 of the RPC. Arbitrary
detention is the deprivation by a public officer of the liberty of a person
without any legal ground (art. 124 of the RPC). Thus, failure of an

Search, Seizure and Detention

apprehending officer to file a case within the prescribed periods against

CHAPTER 4: Arrest,
a person arrested will make the officer liable for delay in delivery, whereas
arresting and detaining one without any offence at all, is arbitrary detention. If
the same is done by a private individual conducting citizen’s arrest, the crime
is illegal detention (art. 267-268 of the RPC).
The requirement, however, does not apply to arrests made by virtue
of a warrant. In arrests made with a warrant, the person can be detained
indefinitely.

What if the offender is arrested on a Saturday, Sunday or holiday?

On Saturdays and holidays, most prosecutor’s offices have a prosecutor
assigned to conduct the inquest investigation.

What if no prosecutor is assigned to the municipality to conduct the

inquest?
The complaint, together with the affidavits, may be filed directly by the
offended party or peace officer in the proper court. (Rule 112, sec. 7)

What if the courts are not open, or far from the place of arrest?
The hours during which the courts are closed are not to be counted
(People v. Acasio, 60 Phil. 1030). Also, the means of communication, hour
of arrest and other circumstances, such as the time of surrender, should
be considered in determining the applicable period for delivery (People v.
Acosta, CA, 54 O.G. 4739).
If the complaint simply cannot be filed in time, it is better to release
the suspect to avoid violating Article 125. The complaint can then be filed
directly in court as soon as possible, and a warrant of arrest secured after a
PI. (See Arrests Made with Warrant.)

MENDING NETS Third Edition 93

 charges for resisting arrest

What is the liability of persons resisting arrest?

The following criminal cases can be filed against a person who resists or
hinders arrest, or abducts or assaults law enforcers:

Charge Legal Bases Applicability

Obstruction Section 115, RA Law enforcers of DA and
to fishery law 10654 DENR (e.g. deputized fish
enforcers wardens)
Direct assault Article 148, Persons in authority or agents
Revised Penal of persons in authority (e.g.
Code mayors, heads of Departments,
barangay captains and
councilors [kagawad], PNP,
PCG, Bantay Dagat)
Indirect assault Article 149, Persons coming to the aid of
Revised Penal persons in authority or their
Code agents (e.g. private individuals)

Resistance and Article 151, Persons in authority and

disobedience to a Revised Penal their agents, deputized law
person in authority Code enforcers
or his agents
Kidnapping and Article 267, Persons in authority and
serious illegal Revised Penal their agents, deputized law
detention Code, as amended enforcers, private citizens

Slight illegal Article 268, Persons in authority and

detention Revised Penal their agents, deputized law
Code enforcers, private citizens

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN

CRIMINAL CASES (SLAPP)

What protection is provided by the rules for law enforcers

subjected to harassment suits?
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, and exert undue pressure upon the
law enforcer for his acts of enforcing environmental laws or protecting
the environment. (Rules of Procedure for Environmental Cases Part II,
Rule 6 & Part IV, Rule 19)

94 Chapter 4 Arrest, Search, Seizure and Detention

How do you apply the SLAPP as remedy against a harassment 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 may be deferred. The court is required to rule on the
defense of SLAPP.
The court must rule on the defense of SLAPP within sixty (60) days.
(Rules of Procedure for Environmental Cases Part II, Rule 6 & Part IV,
Rule 19)

TIP: You may raise the defense of SLAPP even at the prosecutor’s
office so that the prosecutor conducting the investigation will know
that the complaint is filed with the intent to harass upon the law
enforcer for his acts of enforcing environmental laws or protecting the
environment.

CUSTODIAL INVESTIGATION
Custodial investigation refers to questioning initiated by law

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enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
In People v. Bolanos (211 SCRA 262, 1992), while the accused was
being brought to the police station on board a police jeep, he was asked
by the police if he killed the victim. The accused admitted the crime.
The Supreme Court ruled that while on board the police jeep, the
accused was already under custodial investigation.

When does questioning become custodial investigation?

The investigation ceases to be a general inquiry when questioning
focuses on a specific suspect of whom the police ask questions that tend
to elicit statements that can be used to prosecute the suspect. (People v.
de la Cruz G.R. No. 118866-68, 17 September 1997)

General inquiry: Questions that may elicit incriminatory

statements:
What is your name? Where did you catch the fish?
Where are you from? What is the GT of your boat?

Custodial Investigation Rights

A person under custodial investigation must be meaningfully
informed of the Miranda rights, which are:
• Right to remain silent
• Right to a counsel of his own choice
• Right to be furnished an independent counsel by the State if he
cannot afford one

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 • Right to be informed of these rights
These rights must be explained to the accused in a language or
dialect understood by him.
Section 4 of RA No. 7438 imposes a maximum penalty of 10 years
imprisonment to an arresting or investigating officer who fails to warn
the accused of his rights.

Why is it important to inform the person under custodial

investigation of his rights?
If an accused makes an admission or confession during custodial
investigation, his admission is not admissible in any proceeding if
he was not informed of his rights. Moreover, to be admissible, the
admission must be in writing, signed by him in the presence of his
counsel. The written admission must state that the same was made in
the presence of the counsel of the arrested person. (RA 7438, sec. 2 [d])
The requirement, however, does not apply to voluntary confessions
made to a person other than the investigating officer (Arroyo v. CA,
203 SCRA 750, 1991). These include admissions or confessions given
to civilians (People v. Cabiles, 248 SCRA 199, 1998) or media (People v.
Bernardo, 220 SCRA 31) and res gestae statements (People v. Dy, 158
SCRA 111, 1998).
Res gestae statements are spontaneous statements made in
connection with a startling occurrence (People v. Nartea, 74 Phil 10).
e.g. A police officer was asked by Mr. A if the police station is still open.
The police answered yes and asked him why he wanted to know. Mr.
A confessed that he accidentally killed B when he was fishing using
dynamite.

How is the right to a lawyer validly waived?

The waiver must be in writing and in the presence of counsel
(People v. Cabiles, 248 SCRA 199, 1998).

What if he can’t afford the services of his own counsel?

If such person cannot afford the services of his own counsel, he
must be provided with competent and independent counsel by the
investigating officer (sec. 2b, RA 7438). However, lawyers engaged by
law enforcers generally do not satisfy the standard of independent and
competent counsel because the relationship of the two has often been
described by the High Court as symbiotic (People vs Saguid, CA-GR.
CR-H.C. no. 00557). Thus, counsel must be secured by the accused
himself, his relatives or by the court (ibid.).

To whom should a person make an admission if he has validly

waived his right to a lawyer?
The person may make a valid waiver and/or admission in the

96 Chapter 4 Arrest, Search, Seizure and Detention

presence of any of his parents, older siblings, spouse, municipal mayor,
municipal judge, district school supervisor, or priest or minister of the
gospel (RA 7438, sec. 2).

What about admissions made during the PI?

PI is no longer part of custodial investigation. The prosecutors or
judges who conduct it are not law enforcers. It would be best to have
the admission or confession of the offender put down in writing if it is
not being recorded by the prosecutor or judge conducting the PI.
One case in point is an experience in Davao del Sur where the
accused made an admission during the PI. When the resolution came
out, the investigating judge dismissed the case for lack of probable
cause. Because the admission was not made in writing, the law
enforcers had nothing to show for the alleged admission.

Bail
When a person is detained, he may be allowed provisional liberty by
posting bail. Bail is the security given for the release of a person, on the
condition that he will appear before the court whenever required. Bail

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may be given in the form of cash deposit, corporate surety, property
bond or recognizance.

Is right to bail available for the accused under the new Rules of
Procedure for Environmental Cases?
Yes. Accused can file bail in the same manner as with other criminal
cases

When is bail available?

A detained person has the right to apply for bail, but whether this is
granted or not depends on certain conditions.
1. In the following instances, bail is a matter of right:
• Before and after conviction by the MTC, MCTC or MTC in cities
(MTCC)
• Before conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment
(Rule 114, sec. 4)
In these cases, the prosecutor cannot oppose or present evidence
against the granting of bail.

2. In the following instances, bail may or may not be granted to

the person detained:
• Before conviction of a capital offense or a crime punishable by
death, reclusion perpetua or life imprisonment, when the evidence
of guilt is strong
• Upon conviction by the RTC of an offense where the penalty

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 imposed is imprisonment exceeding 6 years but not more than 20
years (Rule 114, sec. 5)
Under these circumstances, bail is discretionary. The prosecutor
has the right to present evidence for the denial of bail.

When may bail be denied or cancelled?

If the accused has been convicted and the imposed penalty is
imprisonment exceeding 6 years, bail may be denied if the prosecution
is able to show the following or other similar circumstances:
• The accused is a recidivist, quasi-recidivist or habitual delinquent,
or has committed the crime aggravated by the circumstance of
reiteration.
• The accused is found to have previously escaped from legal
confinement, evaded sentence or has violated the condition of his
bail without valid justification.
• The accused is found to have committed the offense while on
probation, parole or under conditional pardon.
• The circumstances of the accused or his case indicate the
probability of flight if released on bail.
• There is undue risk that during the pendency of the appeal, the
accused may commit another crime.
(Rule 114, sec. 5)

What are the special conditions for the grant of bail under the
new Rules of Procedure for Environmental Cases?
1. Before the grant of bail, the judge must read the information in a
language known to and understood by the accused;
2. The judge shall require the accused to sign a written undertaking,
which contains the following:
• That accused will 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. (Rules of Procedure for Environmental Cases,
Part V, Rule 14, Section 2)

SEARCH AND SEIZURE

Searches and seizures are conducted by law enforcers to obtain
evidence. As a general rule, any evidence obtained without a search
warrant is inadmissible.

Search and Seizure with Warrant

A search warrant is an order in writing issued in the name of the
People of the Philippines and signed by the judge. It is directed to a peace

98 Chapter 4 Arrest, Search, Seizure and Detention

officer, commanding him to search for personal properties described in
the warrant and to bring them before the court. (Rule 126, sec. 1)

What documents are required in procuring a search warrant?

The affidavits of the complainant and/or his witnesses are needed. The
judge issues the warrant if he determines that there is probable cause after
he examines the complainant and the witnesses. (Rule 126, sec. 4 & 5)

Where is the application for a search warrant filed?

• Any court within whose territorial jurisdiction the crime was
committed
• For compelling reasons, any court within the judicial region where
the crime was committed, if the place of the commission of the
crime is known, or any court within the region where the warrant
will be enforced
(Rule 126, sec.2)
If muro-ami was committed in Puerto Princesa, Palawan, the RTC
in Puerto Princesa is the appropriate court. However, if the warrant
is to be enforced in Santander, Cebu, then the application may also be

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filed there even if the muro-ami was committed in Puerto Princesa,
provided there is a compelling reason.
If an information has already been filed, the application for the
search warrant can only be made in the court where the criminal action
is pending.

What makes a search warrant valid?

• Existence of probable cause
• Judge has examined complainant and the witnesses under oath
• Issuance is determined by the judge himself
• A particular description of the place to be searched and things to be
seized is provided
• Issuance is in connection with one specific offense
(Rule 126, sec. 4)

When does a search warrant expire?

A search warrant is valid only for 10 days, after which it becomes
void. Search and seized items under a void warrant are inadmissible.
(Rule 126, sec. 9)

What must be remembered when conducting searches and

seizures?
• Searches are generally made only in the daytime, unless the warrant
states that the search may be made at any time of the day or night
(Rule 126, sec. 9).
• Doors or windows may be broken by the officer only if he is refused

MENDING NETS Third Edition 99

 admittance to the place to be searched (Rule 126, sec. 7).
• The search warrant must particularly describe the places to be
searched and the things to be seized. Thus the officer armed with
the warrant should go only to the place stated in the warrant,
and seize only the thing particularly described in the warrant.
(Constitution, Art. II, sec. 2)

countersuits

What must be done to prevent countersuits?

• No search of house, room or any other premises (e.g. fishing vessel)
should be made without the presence of the lawful occupant or any
member of his family or, in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality. (Rule 126, sec.
8) This is to negate the defense of planting of evidence.
• A detailed receipt of the seized property must be given to the lawful
occupant of the premises. In the absence of the occupant, the receipt
must be left in the premises, in the presence of two witnesses of
sufficient age and discretion. If possible, take pictures of the act of giving
the receipt for seized property or leaving the same in the premises. This
is to avoid countersuits of robbery or theft.
• The occupant must not be asked to sign the receipt. In Gutang v.
People (335 SCRA 479, 2000), the Court declared that a receipt of
property seized signed by an accused without a counsel is considered
an uncounseled confession. The entire document was excluded as
evidence. Witnesses must instead be asked to sign the receipt, with the
occupant’s name stated in the document.
• An accurate description of the condition and quantity of the items seized
must be indicated to avoid countersuits of robbery, theft or civil suit for
damages.
• The officer must immediately deliver the property seized to the judge
who issued the warrant, together with the inventory of seized items duly
verified under oath.
• Ten days after the issuance of the warrant, the officer must make a return
to the judge if the warrant was not used. Failure to either make a return
or deliver the seized items within 10 days constitutes contempt of
court. (Rule 126, sec. 12)
• Any countersuit filed can be opposed with a claim of presumption of
regularity in the performance of official duty, and in the absence of any
motive to falsely impute a crime, the presumption shall prevail (People vs.
Tuason, GR no. 175783, September 3, 2007)

Warrantless Search and Seizure

Searches and seizures may be conducted without warrant under the
following exceptional circumstances, provided there is probable cause.

100 Chapter 4 Arrest, Search, Seizure and Detention

1. Search incidental to a lawful arrest
A person lawfully arrested by officers with or without a warrant
may be searched for dangerous weapons, or anything that may have
been used in or that may constitute proof of the commission of an
offense (Rules of Court, Rule 126, sec. 13). In this case, the search must
be made during the arrest, as the search is only “incidental” to the
arrest (Nolasco v. Cruz Pano, 139 SCRA 152, 1985). (e.g. fine- mesh nets,
dynamite, blasting caps or the fishing vessel)
The search may extend beyond the person arrested to include
the premises or surroundings under his immediate control (People v.
Musa, 217 SCRA 597). In the case of fishing vessels, “premises under
immediate control” would mean the entire vessel, considering that in
fishery offenses, the vessel itself is an essential tool in committing the
offense.

2. Search of moving motor vehicle

Motor vehicles include fishing vessels and boats breaching fishery
laws because these vessels are normally powered by high-speed engines
that enable them to elude arrest by ships of the Philippine Navy, PCG

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CHAPTER 4: Arrest,
or other government authorities (Hizon v. CA, G.R. No. 119619, 13
December 1996). However, there must be probable cause for searching
the vessel. In its most recent pronouncement, the High Court ruled
that a tip from an informer as to the complicity of a vehicle or vessel
to an offence is sufficient to satisfy the standard of probable cause
authorizing a warrantless search of the same (People vs. Tuason, GR no.
175783, September 3, 2007).

3. Customs search
Seizure of dutiable or contraband items may be made by officers
exercising authority under customs laws if there is probable cause.
Probable cause may be based on a mere report. Vessels, warehouses,
stores and enclosures may be searched, but not residences.

4. Seizure of evidence in plain view

Seizures may be made when prohibited articles are “open to the
eye and hand”, or when a police officer accidentally comes upon an
incriminating object (People v. Musa, 217 SCRA 597). An object is
incriminating if it is a tool used in the commission of the crime, a
contraband or otherwise subject to seizure.
• Endangered species aboard a vessel can be seized by law enforcers if
these are discovered while a regular inspection is being conducted.
• Fish wardens see a compressor installed in a boat in a municipality
where mere possession of a compressor is prima facie evidence of
cyanide fishing.

MENDING NETS Third Edition 101

5. Consented warrantless search
When the officers conducting the search have no right to do so,
but the person subject to the search, or occupying the premises to be
searched, consents to the search, then the person searched has waived
his rights. For a valid waiver, the following must concur:
• The right exists
• The person involved had knowledge of the existence of such right
• The person had actual intention to relinquish such right
(de Garcia v. Locsin, 65 Phil 689)
It is best to have the waiver written down to negate charges of lack
of consent should the person later on deny that he consented to the
search. Include two witnesses who can testify to the valid waiver, in
case the accused later on alleges that he was pressured by police officers
to give his consent to the search.

6. Stop and frisk

Stop and frisk is an act of a law enforcer to stop a person on the
street, interrogate him and pat him for weapons or contraband. For
this exception to apply, the person to be searched must be acting
suspiciously. In Manalili v. CA (280 SCRA 400), policepersons were
conducting surveillance based on information that the Kalookan
Cemetery was a haven for drug addicts when they chanced upon a man
who appeared to be high on drugs. He had reddish eyes and swayed
when he walked. He tried to avoid the police and resisted when asked
what he was holding in his hands. The Supreme Court ruled that such
actuations were suspicious.

Who may conduct warrantless searches and seizures?

Law enforcers may conduct warrantless searches and seizures.
Civilians may do so only if the search and seizure is incidental to a valid
citizen’s arrest.

What may be seized?

• Subject matter of the offense
• Stolen or embezzled and other proceeds or fruits of the offense
• Objects used or intended to be used as a means of committing an
offense (e.g. fishing vessels, dive mask, compressor, blasting caps,
nets, fishery species)

CUSTODY AND DISPOSITION OF SEIZED ITEMS

What rules govern the custody and disposition of seized items,

equipment, paraphernalia, conveyances and instruments during
the pendency of the case in court?
If there are rules promulgated by the concerned government agency

102 Chapter 4 Arrest, Search, Seizure and Detention

in the custody and disposition of seized items, these rules shall govern.
(Rules of Procedure for Environmental Cases, Part V Rule 12, Section 1)

If no rule is promulgated by the concerned government agency,

how should the custody and disposition be done?
The following procedure shall be observed:
1. INVENTORY by apprehending officer;
2. REPORT by apprehending officer submitted to:
a. If with search warrant - court that issued the search warrant;
b. In case of warrantless arrest - to public prosecutor (including
Inventory Report, Compliance Report, Photographs,
Representative samples, other pertinent documents);
3. MOTION by any interested party for auction of seized items;
FIXING of BID PRICE by judge, after hearing and based on
recommendations by government agency;
4. NOTICE of auction – to the accused, person from whom items
were seized, owner, government agency; POSTING of notice in 3
conspicuous in place were items seized;
5. AUCTION SALE conducted by sheriff

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6. PROCEEDS held in trust and deposited with government
depository bank for disposition according to judgment. (Rules of
Procedure for Environmental Cases, Part V, Rule 21, Section 2)

liability of custodians

What kind of diligence must a custodian exercise over seized

articles?
Since the law is silent, custodians need to exercise only ordinary
diligence. Thus, a custodian’s responsibility is to exercise ordinary care and
vigilance like a good father of a family, taking into consideration the nature of
the articles and circumstances of persons, time and place (Baer Sr. & Co. v.
Compaña Maritima, 6 Phil. 218).

Are custodians liable if seized articles or vessels are lost while in

the custody of the law?
Custodians are liable for malversation of public property (RPC, Art. 217)
if the seized articles are lost due to inexcusable negligence amounting to
malice or fraud (Gregorio, 1997).

Are custodians civilly liable when seized articles are damaged while
in their custody?
Custodians are liable only when negligence is proved. This is based on
torts, a civil case where the owner of the seized articles and the custodian
have no pre-existing contract. If the owner alleges damage, he must prove
negligence on the part of the custodian.

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Are custodians liable if the fishing vessel is damaged by a storm?
No. By principle of law, no one is liable for damages brought about by
force majeure or acts of God.

What is the remedy if public officers refuse to take custody of

seized articles from apprehending officers who cannot take the
articles with them?
A criminal case of Dereliction of Duty may be filed against public officers
who unreasonably refuse to take custody of seized articles in order to assist
apprehending officers who out of practicality, could not take the seized items
(such as boats, vessels, nets, sacks of pebbles or mangrove timber) with
them. The same is a violation of section 208 of the Revised Penal Code.

affidavit of undertaking

Is an affidavit of undertaking valid?

When what are involved are seized items, the Revised Rules on Criminal
Procedure are silent on the facility of accepting affidavits of undertaking.
In fact, the High Court, in passing on a case squarely on this issue,
admonished a lower court judge as being grossly ignorant of the law
when the latter ordered the release of confiscated commercial fishing nets
on an undertaking to produce the same when needed in court. The High
Court also imposed on the judge a fine of P10,000.00 with a warning
that another infraction would be dealt with severely (Senson vs. Judge
Pangilinan, MTC Puerto Princesa City, A.M. no. MTJ-02-1430, September
8, 2003).
Prosecutors are advised, therefore, to oppose orders from the judge
releasing seized items, since these are critical evidence and their integrity
should be preserved. There have been cases where fine- mesh nets were
replaced. During PI, the prosecutors should also be circumspect in releasing
seized items back to owners. The courts and prosecutors should instead
have the seized items placed in the custody of the PNP-Maritime, PCG,
Philippine Navy, or other government agencies or private institutions that
have adequate facilities.
Fishing vessels should not be released to the owner if the penalty of
the offense includes confiscation of vessel. Otherwise, the possibility of its
being returned to the court would be difficult. If the penalty does not include
confiscation, it is sufficient to take a picture of the vessel. But if there are
available berthing facilities, the vessel should be impounded.
If the confiscated property is lost or misappropriated while in the custody
of the owner who signed the affidavit of undertaking, he may be charged
with malversation of public property (RPC, Art. 217).

104 Chapter 4 Arrest, Search, Seizure and Detention

replevin

Will replevin prosper in cases of seized articles in the custody of

law enforcement officers or local government officials?
No. In a replevin case, the plaintiff’s cause of action has to be
grounded, among others, on the fact that:
• The property is wrongfully detained by the defendant (the custodian of
the seized property) and
• The property has not been placed under custodia legis (Rule 60, sec. 2
[b] & [c]).
Since lawfully seized fishing gear, superlights and vessels are under
custodia legis and not wrongfully detained, the plaintiff has no cause of
action against the defendant. It is basic that if the property is in custodia
legis, a replevin suit will not prosper for the owner’s recovery of the item
(Pagkalinawan v. Gomez, 21 SCRA 1275).
Replevin is the return to—or recovery by—a person of goods or chattels
claimed to be wrongfully detained. This is granted, however, on the condition
that the person gives an assurance to try the matter in court, and to return
the goods if the claim of unlawful detention is disproved. (Tillson v. Court of
Appeals, 197 SCRA 587). Unlawful detention is the keeping of property

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by a person without any pretense of authority or right.
An item is in custodia legis when it is shown that it has been, and is
subjected to, the official custody of a judicial or executive officer. Property
lawfully seized with a search warrant or under a valid warrantless search and
seizure is also considered in custodia legis. (Bagalihog v. Fernandez, 198
SCRA 614).

May administrative bodies or courts other than the court of

jurisdiction issue a writ of replevin?
No. The jurisdiction acquired by a court over vessels through the fling
of an information charging fshery violations cannot be interfered with by a
co-equal and coordinate court. Only the court of jurisdiction can order the
release of the vessel. In Roldan, Jr. v. Arca, 65 SCRA 336, not even the
Agriculture & Natural Resources Secretary or the Fisheries Commissioner
could direct that the fshing boat be turned over to any person or agency
without risking contempt of court. It does not matter that the vessel may
later be found within the territorial jurisdiction of another court. Once vested,
jurisdiction attaches.
The court issues the writ of replevin ex parte, or without notice to the
defendant. Thus, the defendant (e.g., BFAR field staff, police officers, LGU
officials and community leaders) learn of the case only when the sheriff
serves a copy of the writ with the intention of taking the property into his
possession. Hence, the defendant is caught by surprise and is unable to
make any legal move to prevent or at least delay the taking.

What is the countermeasure against a writ of replevin?

After the writ of replevin is served upon the person/s having custody,
the defendant must immediately file an Omnibus Motion to Dismiss and to

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Quash Writ of Replevin. The Omnibus Motion is based on the ground that
the complaint does not state a cause of action.

What are the remedies when the motion to quash the writ of
replevin is denied?
The defendant should file with the Court of Appeals a petition for
certiorari and prohibition under Rule 65 of the Rules of Court. The petition,
which must be filed within 60 days from receipt of the order of denial, should
include an application for a temporary restraining order/preliminary injunction
to prevent the trial court from further proceeding with the case during the
pendency of the petition.
Likewise, as the property shall have been delivered to the plaintiff at
the time the petition is filed, there could also be a prayer for a preliminary
mandatory injunction directing the trial court to return the property to the
custody of the defendant. Should the Court of Appeals dismiss the petition,
the defendant has a final remedy—a petition for review before the Supreme
Court, within 30 days from receipt of the Court of Appeals’ decision.

106 Chapter 4 Arrest, Search, Seizure and Detention

CHAPTER 5
Evidence

S
uccessful prosecution of coastal law violations is often
hampered by the dismissal of actions at the preliminary
investigation stage or after trial—an obstacle often traced
to lack of evidence linking the offender to the crime, or even
failure to prove that the alleged offense was indeed committed.
Evidence is needed to establish truth and prove facts before the
courts and quasi-judicial bodies. Knowing what evidence to present at
which time and in what manner can make or break a criminal case.
All Rules cited are from the Revised Rules of Court, unless
otherwise indicated.

KINDS OF EVIDENCE
Evidence presented in court may be classified as:

1. Object or Real Evidence

Evidence that consists of tangible things exhibited or
demonstrated either:
• in open court for examination or viewing
• in an ocular inspection, or
• at a place designated by the court for its view or observation of an
exhibition, experiment or demonstration
(Rule 130, sec. 1)
(e.g. fish samples, fishing gear, fishing vessels, mangrove area
converted into a fishpond, or the part of the coastline affected by
aquatic pollution)

2. Documentary Evidence
Evidence that may be:
• supplied by written instruments
• documents consisting of writings
• any material containing letters, words, numbers, figures, symbols,
or
• other modes of written expressions offered as proof of their
contents
(Rule 130, sec. 2)
(e.g. permits and licenses, inventory and seizure receipts, or
certifications from government agencies)

MENDING NETS Third Edition 111

 3. Testimonial Evidence
Evidence submitted to the court through the testimony
or deposition of a witness (e.g. testimony of members of the
apprehending team, or depositions of witnesses)

Weight of Evidence
Evidence is weighed according to quality rather than quantity.
Generally speaking, the weight of evidence is not a question of
mathematics, but of its effect in inducing belief.
Generally, the court determines the weight of evidence by
evaluating:
• the power of one side to have produced, and the power of the other
side to have contradicted, the proof
• the reasonableness of the given evidence in producing the proof
• the surrounding circumstances and the inherent probabilities In
criminal cases, the accused is entitled to an acquittal, unless his
guilt is shown beyond reasonable doubt.
Proof beyond reasonable doubt does not mean a degree of proof
that, excluding possibility of error, produces absolute certainty. What is
required is moral certainty, or the degree of proof that would convince
an unprejudiced mind of the guilt of the accused. (Rule 133, sec. 2)
However, before guilt can be proven, the culpability of the accused
for the offense charged must first be established.

How is culpability established?

The fact that the offense was indeed committed is proved either
through direct evidence or circumstantial evidence.

1. Direct Evidence
Direct evidence is evidence that, if believed, proves the existence
of the fact in issue without need for any presumption. e.g. A witness
deposes that he saw X throw an explosive device to sea, which
exploded, killing fish

2. Circumstantial Evidence
Circumstantial evidence is evidence that, without directly
proving the existence of a fact, gives rise to a logical conclusion that
such fact does exist.
Circumstantial evidence is sufficient for conviction in criminal
cases if:
• there is more than one circumstance leading to the conclusion of
the fact
• the conclusions or inferences are derived from facts duly proven

112 Chapter 5 Evidence

 • the combination of all the evidence produces conviction beyond
reasonable doubt.
(Rule 113, sec. 4)

e.g. Fish are found dead along a pier. X was earlier seen dumping a
drum of liquid substances into the water, and is found in possession of
an empty drum. Tests of the liquid found in the drum indicate that it is
the same liquid that caused the death of the fish.

What is the difference between direct and circumstantial

evidence?
In direct evidence, the witness testifies directly of his own
knowledge on the main facts to be proved. In circumstantial evidence,
proof is given of facts and circumstances from which the court may
reasonably infer other connected facts, which according to common
human experience could logically be concluded from the proven facts.

Admissibility of Evidence
A piece of evidence is relevant to an alleged fact when it tends to
prove or disprove the fact in issue. It becomes admissible in court when
it is both competent and material to the fact in issue (Rule 130).
Evidence is competent when it is not excluded by the Rules
on Evidence, statutes, or the Constitution. It is material when it is
directed to prove the fact in issue, as determined by the rules of
substantive law and proceedings.

CHAPTER 5:
OFFER OF EVIDENCE

Evidence
The court will not consider evidence that has not been formally
offered or presented. Testimonial evidence must be offered at the
time the witness is called to testify. Documentary and object evidence
are offered after the presentation of a party’s testimonial evidence.
This offer is done orally, unless the court allows the offer to be done
in writing. The purpose for which the evidence is offered must also be
specified. (Rule 132, sec. 33 & 34)
A transcript of the record of the entire trial or hearing, usually
called the transcript of stenographic notes (TSN) and certified by the
official stenographer, is deemed prima facie a correct statement of
such proceedings (Rule 132, sec. 2). Make it a practice to obtain copies
of the TSN, because this can be used as evidence for or against the
prosecution, especially for appeals or motions for re-investigation.

Object or Real Evidence

When an object is relevant to a fact in issue, it may be exhibited to,
examined or viewed by the court. The presentation of object evidence

MENDING NETS Third Edition 113

may be done as part of the testimony of the person who seized the
object evidence, or who has custody of it. Object evidence must be
authenticated, either by identification by witnesses, or admission by
the parties. (Rule 130, sec. 1)

Documentary Evidence
As a general rule, when the subject of inquiry is the contents of
a document, no evidence may be admissible other than the original
document itself.

What are considered as originals?

Documents considered as originals are those:
• whose contents are the subject of inquiry
• executed in two or more copies at about the same time, with
identical contents
• entries made in the regular course of business, one being copied
from another, at or near the time of the transaction to which they
refer

What if the original is not available?

Exceptions to the general rule may be accepted in the following
cases:
• when the original has been lost or destroyed without bad faith
• when the original is in the custody of the other party, who fails to
produce it after reasonable notice
• when the original consists of numerous accounts or documents that
cannot be examined by the court without great loss of time, and
if the fact to be established from them is the general result of the
whole
• when the original is a public record in the custody of a public officer
or is recorded in a public office.
(Rule 130, sec. 3)

In these cases, what may be presented in lieu of the original?

When the original document cannot be offered in evidence, its
contents may be proved by:
• a copy
• a recital of its contents in some authentic document
• the testimony of witnesses.
These may be presented so long as proof of the original’s execution
or existence, and the cause of its unavailability are provided.

114 Chapter 5 Evidence

 public and private documents

What are public and private documents?

For purposes of presentation in evidence, documents are either public or
private. Public documents are:
• public records of official acts
• notarized documents
• public records of private documents required to be entered as public
records.
All other writings are private. (Rule 132, sec. 20)

Why is it important to distinguish between public and private

documents?
Entries in public records made in the performance of a duty by a public
officer are prima facie evidence of the facts stated in the document. All other
public documents are evidence of:
• the facts that gave rise to their execution, and
• the date of their execution. (Rule 132, sec. 23)

presenting photos as evidence

How are photographs, videos and similar evidence be made

admissible in Court?
Photographs, videos and similar evidence may be made admissible in
court when authenticated by:
a) the person who took the same;

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b) by some other person present when said evidence was taken; or

Evidence
c) by any other person competent to testify on the accuracy thereof.
(Rules of Procedure for Environmental Cases, Part V, Rule 21,
Section 1)

The admissibility of a photo is determined by its accuracy in portraying the

scene of the crime. The correctness of the photo as a faithful representation of
the object portrayed can be proved prima facie, therefore, either by the person
who took it or by other competent witnesses who can testify to its exactness
and accuracy (Sison v. People, 250 SCRA 58). These witnesses may be
persons who are in the photo, or members of the apprehending team.

Testimonial Evidence
As a general rule, witnesses may testify only on matters that they
themselves have witnessed or observed. Testimony given on matters
not directly observed by a witness is considered as hearsay, and is not
admissible.

MENDING NETS Third Edition 115

Are there exceptions to the general rule?
Yes. Testimony on matters not directly observed by a witness is
allowed in cases when:
• the person having direct knowledge of the matter communicated
the relevant information to the witness just before the person died
• the offended party has previously declared in speech or in writing a
statement from which the witness can conclude a fact that is against
a party’s interest
• the statement was made during, or immediately after or before, a
startling occurrence
• the testimony is based on entries in official records
• the person having direct knowledge is deceased or is unable to
testify, but the testimony is based on entries made in the course of
his regular duty
• the testimony is the opinion of an expert witness
• commonly known facts on a party’s reputation exist prior to the
case
• the person deceased or unable to testify has previously deposed on
the same matter involving the same parties at a former proceeding
(Rule 130)

Who can testify as a witness?

As a general rule, any person can be a witness, provided that he
has the capacity to perceive, and the capacity to make his perception
known to others.

What factors may render a witness incapable of testifying?

The testimony of a witness may be excluded by reason of the
witness’:
• mental immaturity or insanity
• marriage to one of the parties
• communication with a party made in confidence as his legal
counsel, doctor (or other medical professional), minister or priest,
or as a public official protecting the public interest
• direct filial relationship with a party
(Rule 130)

How is the witness examined?

Witnesses presented in a trial or hearing are examined in open
court, and under oath or affirmation. As a general rule, the answers of
witnesses are given orally, unless the witness is incapacitated to speak,
or the question calls for a different mode of answer. (Rule 132, sec. 1)

116 Chapter 5 Evidence

 The order in which an individual witness may be examined is as
follows:
1. direct examination by the proponent
2. cross-examination by the opposing counsel
3. re-direct examination by the proponent
4. re-cross-examination by the opposing counsel. (Rule 132, sec. 4)

What are the rights of a witness?

A witness must answer the questions asked of him, even if his
answer may tend to establish a claim against him. However, it is the
right of a witness:
• to be protected from irrelevant, improper or insulting questions,
and from a harsh or insulting demeanor
• not to be detained longer than the interests of justice require
• to be examined only on matters pertinent to the issue
• not to give answers that will tend to subject him to a penalty for an
offense
• not to give an answer that will tend to degrade his reputation, unless
his reputation is the fact in issue. However, a witness must answer
to the fact of his previous final conviction for an offense.
(Rule 132, sec. 3)

How may a witness be impeached?

A witness may be impeached by the party whom he was called
against by:
• contradictory evidence

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• evidence that his general reputation for truth, honesty, or integrity

Evidence
is bad
• evidence that he has made at other times that is inconsistent with
his present testimony.
(Rule 132, sec. 11)
On any trial or hearing, the judge may exclude from the court any
witness not under examination at that time, to prevent him from
hearing the testimony of other witnesses. The judge may also order
witnesses to be kept separate and prevented from conversing with one
another until all have been examined. (Rule 132, sec. 15)

ESTABLISHING CRIMINAL LIABILITY

The evidence necessary to establish criminal liability depends
on the particular elements of an offense. The tables below contain
suggested evidence that law enforcers and prosecutors can use to prove
the existence of the elements of an offense (see Chapter 2: Prohibited
Acts and Penalties). The source is also indicated to facilitate the
gathering of evidence.

MENDING NETS Third Edition 117

 The list is not all-inclusive; alternative methods to establish
culpability are only limited by the law enforcer’s or prosecutor’s
creativity. Also, the evidence listed below need not be presented at
once during the preliminary investigation or inquest proceedings.
What is necessary at the preliminary investigation stage is the evidence
sufficient to establish probable cause that the offense was committed
by the accused.
The prohibitions/regulations in this section are organized in the
same way as Chapter 2.
Annex 1: Preservation of Evidence provides reminders and tips on
how to preserve some of the evidence usually required in court.

Based on Fishing Method Employed

For offenses concerned mainly with illegal fishing gear or methods,
it is important that the objects used in committing the crime are seized,
identified by BFAR personnel and labeled accordingly. The objects or
gear must be presented as evidence in court; if impractical or physically
impossible, a photo of the gear may be presented instead. Generally,
affidavits by witnesses must also describe the gear and how it was used,
to clearly illustrate that the gear is indeed active or—if not active—
destructive to the environment.

1. Section 92, paragraph (a) - Actual Use of Explosives, Noxious

or Poisonous Substances and/or Electricity for Illegal Fishing

Suggested Evidence Source

Affidavit indicating: Members of the

Îuse of explosives, noxious or poisonous substances apprehending team and/ or
or electricity in fishing or other witnesses
Îpossession of explosives, noxious substances or
electrofishing devices and fish catch (People v.
Vergara, 270 SCRA 624)

Apprehension report with inventory and seizure receipt Team leader of apprehending
team

Fish samples Custodial officer

Results of fish examination Fish examiner

If recovered, samples of explosives, noxious or Custodial officer
poisonous substances, or electrofishing devices

Annex 1: Preservation of Evidence provides guidelines on preserving

fish samples.

118 Chapter 5 Evidence

2. Section 92, paragraph (b) - Mere Possession of Explosives,
Noxious or Poisonous Substances for Illegal Fishing

Suggested Evidence Source

Affidavit showing possession by accused and proof of Apprehending team and

intent to use in illegal fishing other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Samples of explosives, poisonous substances or Property custodian or
electrofishing devices apprehending team
Results of examination of sample Examiner
Or certification that materials are noxious substances DENR/BFAR/other
competent authority

Or identification that confiscated gear is used for BFAR/municipal agricultural

illegal fishing officer (MAO)/ other
competent authority

When the explosives, noxious or poisonous substances and/or

electrofishing devices are found on board any fishing vessel, or in
possession of any fisherfolk, boat operator, fishing boat official or fish
worker, the discovery is prima facie evidence that such substances or
devices were used for illegal fishing.

3. Section 93 - Use of Fine Mesh Net

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Evidence
Suggested Evidence Source

Affidavit indicating actual use Apprehending team and other

witnesses
Apprehension report with inventory Investigating officer and/
and seizure receipt or apprehending team

Fishing net, a part of the net, or a picture of the Apprehending team

net indicating mesh size
Identification of nets as fine-meshed BFAR/MAO/other competent
authority

Fish samples Property custodian

Identification of species BFAR/MAO/other competent
authority

MENDING NETS Third Edition 119

4. Section 95 - Use of Active Gear in Municipal Waters, Bays and
Other Fishery Management Areas

Suggested Evidence Source

Affidavit indicating actual use and location Apprehending team

Photo of nets in the water, with fish, to Apprehending team

indicate actual use and photo of boat/
vessel with mainland as background to
indicate location (within municipal waters)*

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team

Gear used or picture of gear used Property custodian or apprehending team

Certification of gear as active gear BFAR/MAO/other competent authority

Documentary/testimonial evidence Apprehending team and/

indicating position of vessel or other witnesses

*This is to belie any averment by the accused that they were not fishing
and were merely cleaning their nets, which is a common excuse given by
violators

5. Section 97 Paragraph (a) - Ban on Muro-ami and Any of Its

Variations

Suggested Evidence Source

Affidavit indicating fishing activity and nature of Apprehending team and other
operations witnesses
Photo of nets in the water, with fish, to indicate Apprehending team
actual use
Apprehension report with inventory and seizure Investigating officer and/
receipt or apprehending team
Inventory of crew Apprehending team
Certification as to the nature of fishery BFAR/MAO/other competent
operations or gear use authority
Debris from nets or pictures of debris tangled Property custodian and/
in nets or apprehending team
Identification of debris BFAR/MAO/other competent
authority

120 Chapter 5 Evidence

6. Section 97 (a) - Ban on Gear and Method which Destroy Coral
Reefs, Seagrass Beds and Other Fishery/Marine Life Habitats

Suggested Evidence Source

Affidavit indicating fishing activity and nature of Apprehending team and

operations other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Inventory of crew Apprehending team
Certification as to the nature of fishery operations or BFAR/MAO/other
gear use competent authority
Debris from nets or pictures of debris tangled in nets Property custodian and/
or apprehending team
Identification of debris BFAR/MAO/other
competent authority

7. Section 98 - Illegal Use of Superlight or Fishing Light Attractor

within Municipal Waters

Suggested Evidence Source

Affidavit indicating actual use Apprehending team or other witnesses

Photo of nets in the water, with fish, to Apprehending team
indicate actual use and photo of boat/vessel
with mainland as background to indicate

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location (within municipal waters)*

Evidence
Apprehension report with inventory and Investigating officer and/
seizure receipt or apprehending team
Bulbs or pictures of bulbs indicating the Custodial officer or apprehending
components of a superlight (halogen or metal team
halide, ballast, regulator, etc.)
Certification of bulbs as superlights or fishing BFAR/other competent authority
light attractor
Documentary/testimonial evidence indicating Apprehending team
position of vessel

*When mainland photographed at night as background cannot be seen

due to the darkness, wait until the dawn breaks, as this is the time when
the nets are raised as well.

MENDING NETS Third Edition 121

8. Section 98 - Illegal Use of Superlight or Fishing Light Attractor
Outside Municipal Waters

Suggested Evidence Source

Affidavit indicating actual use Apprehending team

Apprehension report with inventory and seizure Investigating officer and
receipt apprehending team
Bulbs or pictures of bulbs indicating wattage Property custodian or apprehending
team or other witnesses

Certification of bulbs as superlights or fishing BFAR/other competent authority

light attactor
Documentary/testimonial evidence indicating Apprehending team and/
position of vessel or other witnesses

Based on Location of Activity

The position of the fishing vessel, whether within municipal waters
or not, is an element and necessary piece of evidence common to the
offenses in this category. Failure to establish the position of the vessel
is fatal to the charge.
The position of a vessel can be established with the use of a compass
and a map, a GPS device, or even through reckoning from established
and visible landmarks. If there is a lack of technical skill in determining
distance, other forms of measurement—such as the travel time from
the shore, or a photo taken of the vessel’s radarscope—may also be
used and validated later. The vessel’s position must be immediately
established upon boarding to avoid discrepancies caused by the vessel’s
drifting or deliberate movement to another area. It is recommended
that the position of the vessel be plotted in a navigational chart during
the apprehension to facilitate its presentation as evidence.
For prohibitions in this category, maps or navigational charts
are essential evidence in court. These, coupled with documents
demarcating the area where fishing activities are prohibited or
regulated, can ascertain the culpability of the violator. Affidavits of
witnesses must indicate the method used to establish the position of
the vessel. If travel time and landmarks were used as basis, the speed
of the patrol boat, the time, and the location of the landmarks must
be specified in the affidavit. A more creative and practical practice
by enforcers is to take pictures of the vessel with the mainland as
background to indicate that the activity was indeed done within
municipal waters as it can be estimated being close to shore.
Discovery of any person in an area where he has no permit or
registration papers for fishing constitutes prima facie evidence that
such person and/or vessel is engaged in unauthorized fishing. (Sec. 86)

122 Chapter 5 Evidence

1. Section 86 in Relation to Section 18 - Commercial Fishing
Vessels Fishing within Municipal Waters

Suggested Evidence Source

Affidavit indicating fishing activity and location Apprehending team and other
witnesses
Photo of nets in the water, with fish, to indicate Apprehending team
actual use and photo of boat/ vessel with mainland
as background to indicate location (within
municipal waters)*

Apprehension report with inventory and seizure Investigating officer and/or

receipt apprehending team

Assessment of value of catch BFAR or other competent

authority

Fishing vessel or photographs of the fishing vessel Apprehending team or custodial

officer
Documentary/testimonial evidence indicating Apprehending team
position of vessel
Copy of license or certification as to gross tonnage BFAR/Maritime Industry
Authority (MARINA)/ Philippine
Coast Guard (PCG)

*This is to belie any averment by the accused that they were not fishing
and were merely cleaning their nets, which is a common excuse given by
violators. Municipal waters include all bodies of waters over which the
municipality has jurisdiction, as defined in RA 10654.

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Evidence
2. Section 86, paragraph (b) - Commercial Fishing Activities by
Municipal Fisherfolk within Municipal Waters without Being
Listed in the Registry of Municipal Fisherfolk

Suggested Evidence Source

Affidavits indicating fishing Apprehending team or other witnesses

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team
Fishing vessel or photographs of the fishing Apprehending team or custodial
vessel officer
Certification that the accused is not registered LGU concerned
Documentary/testimonial evidence indicating Apprehending team or other witnesses
position of vessel

MENDING NETS Third Edition 123

3. Section 88 Paragraph (a) – Failure to Secure Fishing Permit
prior to engaging in Distant Water Fishing

Suggested Evidence Source

Affidavits indicating fishing activity and location Apprehending team and

other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Assessment of fish catch BFAR or other
competent authority
Documentary/testimonial evidence indicating position of Apprehending team or
vessel other witnesses
Certification that no permit was issued in favor of the BFAR
accused

4. Section 88 Paragraph (b) – Violation of the Terms and

Conditions stated in the Distant Water Fishing Permit

Suggested Evidence Source

Affidavits indicating fishing activity and location Apprehending team and

other witnesses

Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team

Fishing vessel or photographs of the fishing vessel Apprehending team or

custodial officer
Assessment of fish catch BFAR or other competent
authority

Documentary/testimonial evidence indicating position Apprehending team or other

of vessel and violation of the terms and conditions of witnesses
the fishing permit
Certification that no permit was issued in favor of the BFAR
accused

124 Chapter 5 Evidence

5. Section 91 - Poaching in Philippine Waters

Suggested Evidence Source

Affidavits indicating activity and identification as Apprehending team and

foreign vessel other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Assessment of fish catch BFAR or other competent
authority
Documentary/testimonial evidence indicating position Apprehending team or other
of vessel witnesses

Photo of vessel with mainland as background to Apprehending team

indicate location (within Philippine waters)*

*There is no need for pictures of the act of fishing as mere entry is a

presumption of fishing, although it would be ideal to include it for an
airtight case. Philippine waters include all bodies of water over which the
Philippines has sovereignty as defined in RA 10654.

6. Section 94 - Fishing in Overexploited Fishery Management

Areas

Suggested Evidence Source

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Affidavit indicating activity Apprehending team

Evidence
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Proof of declaration BFAR or LGU concerned
Documentary/testimonial evidence indicating position Apprehending team
of vessel

MENDING NETS Third Edition 125

7. Section 101 - Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries

Suggested Evidence Source

Affidavit indicating activity Apprehending team

Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer

Proof of declaration BFAR or LGU concerned

Documentary/testimonial evidence indicating position of Apprehending team
vessel

8. Section 95 - Use of Active Gear in Municipal Waters, Bays and

Other Fishery Management Areas

Suggested Evidence Source

Affidavit indicating actual use Apprehending team

Photo of nets in the water, with fish, to indicate actual use Apprehending team
and photo of boat/vessel with mainland as background to
indicate location (within municipal waters)*

Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Gear used or picture of gear used Custodial officer or
apprehending team
Certification that such gear is active gear BFAR/MAO/other
competent authority
Documentary/testimonial evidence indicating position of Apprehending team or
vessel other witnesses

*This is to belie any averment by the accused that they were not fishing
and were merely cleaning their nets, which is a common excuse given by
violators.

126 Chapter 5 Evidence

9. Section 98 - Illegal Use of Superlight or Fishing Light Attractor
Within Municipal Waters

Suggested Evidence Source

Affidavit indicating actual use Apprehending team

Apprehension report with inventory and seizure Investigating officer and
receipt apprehending team
Photo of boat/vessel with mainland as background
to indicate location (within municipal waters)*
Bulbs or pictures of bulbs indicating wattage Property custodian or apprehending
team or other witnesses
Certification of bulbs as superlights or fishing light BFAR/other competent authority
attractor
Documentary/testimonial evidence indicating Apprehending team and/
position of vessel or other witnesses

*This is to belie any averment by the accused that they were not fishing
and were merely cleaning their nets, which is a common excuse given by
violators.

Based on Resource Exploited

Vital to the prosecution of offenses in this category is proving that
a resource has indeed been extracted or exploited. Thus, the most
important evidence is a sample or photo of the resource. During the
apprehension, the resource itself, as well as the gear or device used in
extracting it, must be confiscated, identified by BFAR, and properly

CHAPTER 5:
labeled or tagged for presentation in court. It is also helpful to take

Evidence
photos of the area from which the resource was extracted.

1. Section 96- Ban on Coral Exploitation and Exportation

Suggested Evidence Source

Affidavit indicating possession and/or Apprehending team and other witnesses

ownership of corals

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team
Samples or picture of corals Custodial officer, apprehending team or
other witnesses

Identification of samples as corals BFAR/DENR/other competent authority

Certification that no permit was issued in BFAR/DENR
favor of the accused

MENDING NETS Third Edition 127

2. Section 96, paragraph 1, 2nd Sentence – It shall also be unlawful
for any person, corporation or entity to commit any activity that
damage coral reefs.

Suggested Evidence Source

Affidavit indicating activity that damaged Apprehending team and other witnesses
coral reefs

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team
Samples or picture of damaged corals Custodial officer, apprehending team or
other witnesses
Identification of samples as corals BFAR/DENR/other competent authority

3. Section 97, paragraph (b) - Ban on Gathering, Possessing,

Commercially Transporting, Selling, Exporting of Coral Sand,
Coral Fragments, Coral Rocks, Silica, and Any Other Substances
that Make Up any Marine Habitat

Suggested Evidence Source

Affidavit indicating activity and possession of materials Apprehending team and

other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Samples of Coral Sand, Coral Fragments, Coral Rocks, Custodial officer and
Silica, and Any Other Substances that Make Up any apprehending team
Marine Habitat found in the possession of the accused

Certification as to nature of items and probable source BFAR/MAO

4. Section 99 - Conversion of Mangroves

Suggested Evidence Source
Affidavit indicating either conduct of Apprehending team and other
destructive activity or its destructive results witnesses

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team
Samples of mangroves cut or pictures of the Custodial officer and apprehending
area team or other witnesses
Identification and scaling sheet DENR/other competent authority
Certification that no permit was issued in BFAR/DENR
favor of the accused

5. Section 102, Paragraph (a) - Fishing or Taking of Rare,

Threatened or Endangered Aquatic Species listed in Appendix I of

128 Chapter 5 Evidence

CITES or categorized by IUCN as threatened and determined by DA
Suggested Evidence Source

Affidavit indicating activity or control and Apprehending team

possession of species
Apprehension report with inventory and Apprehending team
seizure receipt
Samples or picture of specimen in Custodial officer and apprehending team
possession of accused and other witnesses
Identification of species BFAR/DENR/other competent authority
Certification that such species are listed BFAR
in Appendix I of CITES or categorized by
IUCN as threatened

6. Section 102, Paragraph (b) - Fishing or Taking of Rare,

Threatened or Endangered Aquatic Species listed in CITES
Appendices II and III

Suggested Evidence Source

Affidavit indicating activity or control and Apprehending team

possession of species

Apprehension report with inventory and Apprehending team

seizure receipt
Samples or picture of specimen in Custodial officer and apprehending team
possession of accused and other witnesses

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Identification of species BFAR/DENR/other competent authority

Evidence
Certification that such species are listed BFAR
in CITES Appendices II and III

7. Section 102, Paragraph (c) - Fishing or Taking of Captive-Bred

Species that have been Transplanted to the Wild
Suggested Evidence Source

Affidavit indicating activity or control and Apprehending team

possession of species
Apprehension report with inventory and Apprehending team
seizure receipt
Samples or picture of specimen in Custodial officer and apprehending team
possession of accused and other witnesses
Identification of species BFAR/DENR/other competent authority

Certification that such species have been BFAR

transplanted to the wild

MENDING NETS Third Edition 129

8. Section 103 - Capture of Sabalo and Other Breeders/Spawners

Suggested Evidence Source

Affidavit indicating possession and/or control Apprehending team

of specimen

Apprehension report with inventory and Investigating officer and/

seizure receipt or apprehending team
Sample or picture of specimen Custodial officer and/or apprehending
team and other witnesses
Identification of species DENR/BFAR

Certification that no permit was issued in favor BFAR/DENR

of the accused

9. Section 104 - Exportation of Breeders, Spawners, Eggs or Fry

Suggested Evidence Source

Affidavit indicating possession and/or control Apprehending team and other

for purposes of exportation witnesses
Apprehension report with inventory and Investigating officer and/
seizure receipt or apprehending team
Sample or picture of specimen Custodial officer and/or apprehending
team and other witnesses

Identification of species DENR/BFAR

Certification that no permit was issued in favor BFAR
of the accused

10. Section 110 - Gathering and Marketing of Shell Fishes or

Other Aquatic Species

Suggested Evidence Source

Affidavit indicating the act of collecting, Apprehending team and other

gathering and marketing of shellfish witnesses

Apprehension report with inventory and seizure Investigating officer and/

receipt or apprehending team
Samples of shellfish Custodial officer and/or
apprehending team
Certification that the samples are: (a) sexually BFAR/MAO/other competent
mature, (b) below minimum size or (c) above the authority
maximum quantities for the particular species

130 Chapter 5 Evidence

Other Prohibited/Regulated Activities

1. Section 86, Paragraph (a) - Engaging in Any Fishery Activity

Without a License or Permit from DA or LGU

Suggested Evidence Source

Affidavit indicating: (a) conduct of fishery activity, (b) location Apprehending team
where activity was conducted and (c) that upon apprehension,
no permit, license or lease was presented by the accused
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Certification that no permit, lease or license was issued in BFAR/LGU/other
favor of the accused competent authority

Discovery of any person in an area where he has no permit or

registration papers for a fishing vessel constitutes prima facie evidence
that such person and/or vessel is engaged in unauthorized fishing. (Sec. 86)

2. Section 87 – Engaging in Unauthorized Fisheries Activities

Suggested Evidence Source

Affidavit indicating: (a) conduct of fishery activity, (b) Apprehending team

location where activity was conducted and (c) that
upon apprehension, no permit, license or lease was
presented by the accused

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Evidence
Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Certification that no permit, lease or license was BFAR/LGU/other competent
issued in favor of the accused authority

3. Section 89 – Unreported Fishing

Suggested Evidence Source

Affidavit indicating fishing activity Apprehending team

Fishing vessel or photographs of the fishing vessel Apprehending team or

custodial officer
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team

Certification that the vessel failed to report or comply BFAR

with the reportorial requirement

MENDING NETS Third Edition 131

4. Section 90 – Unregulated Fishing

Suggested Evidence Source

Affidavit indicating fishing activity Apprehending team

Fishing vessel or photographs of the fishing vessel Apprehending team or
custodial officer
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Certification that the vessel is not registered BFAR

5. Section 100 – Fishing During Closed Season

Suggested Evidence Source

Affidavit indicating fishing activity Apprehending team

Fishing vessel or photographs of the fishing vessel Apprehending team or

custodial officer
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team

Certification that the fishing activity was done during BFAR/LGU/other competent
closed season authority

6. Section 105 - Importation or Exportation of Fish or Fishery

Species

Suggested Evidence Source

Affidavit indicating possession and/or control Apprehending team and other

for purposes of exportation and/or importation witnesses
Apprehension report with inventory and Investigating officer and/
seizure receipt or apprehending team
Sample or picture of specimen Custodial officer and/or apprehending
team and other witnesses
Identification of species DENR/BFAR
Certification that no permit was issued in favor BFAR
of the accused

132 Chapter 5 Evidence

7. Section 106 - Violation of Harvest Control Rules

Suggested Evidence Source

Affidavit indicating activity Apprehending team and other witnesses

Apprehension report with inventory and Investigating officer and/
seizure receipt or apprehending team
Proof of declaration of harvest control rules DA-BFAR
Documentary/testimonial evidence Apprehending team
indicating position of vessel

8. Section 107 - Aquatic Pollution

Suggested Evidence Source

Affidavit indicating specific acts of introduction of substances Apprehending team

or matter that cause or are likely to cause pollution or that and other witnesses
pose a hindrance to fishing and navigation
Apprehension or inspection report Apprehending or
investigating team
Water sample or sample of substance or matter Custodial officer and/
or inspection team
Laboratory analysis report BFAR/DENR/other
competent authority
Picture or sketch of materials that pose a hindrance to fishing Apprehending team
and navigation and other witnesses

CHAPTER 5:
A laboratory analysis report is not necessary if the case is for

Evidence
dumping of materials or for objects that pose a hindrance to fishing
and navigation. For cases needing laboratory analysis, Annex 1:
Preservation of Evidence provides guidelines for preserving and
analyzing fish and water samples.

9. Section 108 - Failure to Comply with Minimum Safety

Standards

Suggested Evidence Source

Affidavit indicating conduct of inspection and specific Apprehending team and

violations of safety standards other witnesses

Investigation report Investigating officer and/

or apprehending team
Photographs of the interior of the vessel Apprehending team

MENDING NETS Third Edition 133

10. Section 109 - Failure to Submit Yearly Report on Fishponds,
Fish pens and Fish cages

Suggested Evidence Source

Affidavit of complaint indicating failure to file the Apprehending team and

necessary reports despite notice other witnesses

Investigation report Investigating officer and/

or apprehending team
Certification that the accused failed to file reports Concerned BFAR office

11. Section 111 - Obstruction to Navigation

Or Flow and Ebb of Tide in any Stream, River, Lake or Bay

Suggested Evidence Source

Affidavit indicating existence of structures Apprehending team and other

constructed in a waterway that is a migration path witnesses
Investigation report Investigating officer and/
or apprehending team
Picture or sketch of the structures Apprehending team or other
witnesses
Assessment or study that categorizes the allegedly BFAR/other competent authority
obstructed waterway as a migration path

12. Section 112 - Noncompliance with Good Aquaculture

Practices

Suggested Evidence Source

Affidavit of complaint indicating breeding and farming Apprehending team and

of fish and other fishery species other witnesses
Investigation report Investigating officer and/
or apprehending team
Certification that the accused failed to comply with Concerned BFAR office
good aquaculture practices and the guidelines for
environmentally-sound design and operation

134 Chapter 5 Evidence

13. Section 113, Paragraph (a) - Commercial Fishing Vessel
Operators Employing Unlicensed Fisherfolk, Fish worker or Crew

Suggested Evidence Source

Affidavit indicating that (a) at the time of apprehension, Apprehending team

persons who were later found out to be unlicensed
were employed as fish workers or crew, and that (b) the
apprehending team asked for their licenses but none could
be presented

Investigation report Investigating officer and/

or apprehending team
Inventory of crew Apprehending team
Certification that no license had been issued in the name Appropriate BFAR office
of the alleged unlicensed fish workers and/or crew

14. Section 113, Paragraph (b) - Fishing Vessel Engaged in Distant

Water Fishing Employing Unlicensed Fisherfolk or Fish worker
or Crew

Suggested Evidence Source

Affidavit indicating (a) location of the vessel; (b) that at Apprehending team
the time of apprehension, persons who were later found
out to be unlicensed were employed as fish workers or
crew, and that (c) the apprehending team asked for their
licenses but none could be presented

CHAPTER 5:
Investigation report Investigating officer and/

Evidence
or apprehending team

Inventory of crew Apprehending team

Certification that no license had been issued in the Appropriate BFAR office
name of the alleged unlicensed fish workers and/or crew

15. Section 114 - Obstruction to Defined Migration Paths

Suggested Evidence Source

Affidavit indicating existence of structures in a Apprehending team and

waterway and the effect or impact of such structures other witnesses
on the ebb and flow of water
Investigation report Investigating officer and/
or apprehending team
Picture or sketch of the structures Apprehending team or other
witnesses
Assessment or study declaring that such structures PCG/other competent
impede navigation or the ebb and flow of tides authority

MENDING NETS Third Edition 135

16. Section 115 - Obstruction to Fishery Law Enforcement Officer

Suggested Evidence Source

Affidavit indicating specific acts that prevented the officer Apprehending team and
from boarding, inspecting the vessel, examining records of other witnesses
the vessel and crew, and other actions of similar nature

Apprehension report Apprehending team and/

or other witnesses
Results of a physical examination, if the officer suffered Medico-legal officer
injuries as a result of the obstruction

17. Section 116, Paragraph (a) - Philippine distant water fishing

vessel to sail without a fisheries observer on board as required by
RFMO conservation and management measures

Suggested Evidence Source

Affidavit of complaint indicating distant fishing vessel Apprehending team and

sailing without fisheries observer other witnesses
Apprehension/Investigation report Investigating officer and/
or apprehending team

Photographs of the vessel Apprehending team

18. Section 116, Paragraph (b) - Commercial fishing vessel sailing

without a fisheries observer in compliance with this Code and
the rules and regulations promulgated by DA

Suggested Evidence Source

Affidavit of complaint indicating commercial fishing Apprehending team and

vessel sailing without fisheries observer other witnesses
Apprehension/Investigation report Investigating officer and/
or apprehending team

Photographs of the vessel Apprehending team

136 Chapter 5 Evidence

19. Section 117 – Noncompliance with Port State Measures

Suggested Evidence Source

Affidavit of complaint indicating failure (a) of foreign Apprehending team and

fishing vessel to provide 24-hour prior notice to DA; or other witnesses
(b) foreign fishing vessel to provide a catch report; or
(c) any person to comply with other rules on port state
measures promulgated by DA, as the case may be
Investigation report Investigating officer and/
or apprehending team

Certification that the accused failed to give 24-hour Concerned BFAR office
prior notice or give a catch report or violated other
rules on port state measures, as the case may be

20. Section 118 - Failure to Comply with Rules and Regulations

on Conservation and Management Measures

Suggested Evidence Source

Affidavit of complaint indicating failure to comply with Apprehending team and

conservation and management measures other witnesses
Investigation report Investigating officer and/
or apprehending team
Certification that the accused failed to comply with Concerned BFAR office
conservation and management measures

21. Section 119 - Noncompliance with Vessel Monitoring

CHAPTER 5:
Evidence
Measures

Suggested Evidence Source

Affidavit of complaint indicating failure to comply with Apprehending team and

the vessel monitoring measures other witnesses
Investigation report Investigating officer and/
or apprehending team
Certification that the accused failed to comply with the Concerned BFAR office
vessel monitoring measures

MENDING NETS Third Edition 137

22. Section 120 - Constructing, Importing or Converting Fishing
Vessels or Gears Without Permit from DA

Suggested Evidence Source

Affidavit of complaint indicating constructing or Apprehending team and

importing fishing vessels or gears or converting other other witnesses
vessels into fishing vessels
Investigation report Investigating officer and/
or apprehending team
Certification that no permit was issued Concerned BFAR office

23. Section 121 - Use of Unlicensed Gear

Suggested Evidence Source

Affidavit of complaint indicating using a fishing gear or Apprehending team and

method for commercial fishing other witnesses
Investigation report Investigating officer and/
or apprehending team
Photographs of the gear and vessel Apprehending team
Certification that no license was issued Concerned BFAR office

24. Section 122 - Falsifying, Concealing or Tampering with Vessel

Markings, Identity or Registration

Suggested Evidence Source

Affidavit of complaint indicating falsifying, concealing Apprehending team and

vessel identity or lack of registration; or tampering with other witnesses
the vessel markings, identity or registration
Investigation report Investigating officer and/
or apprehending team
Photographs of the vessel Apprehending team

Certification of registration Concerned BFAR office

138 Chapter 5 Evidence

25. Section 123 - Concealing, Tampering or Disposing of Evidence
Relating to an Investigation of a Violation

Suggested Evidence Source

Affidavit of complaint indicating concealing, tampering Apprehending team and

or disposing evidence relating to an investigation of a other witnesses
violation under RA 10654
Investigation report Investigating officer and/
or apprehending team
Photographs of the evidence Apprehending team

26. Section 124 - Noncompliance with the Requirements for the

Introduction of Foreign or Exotic Aquatic Species

Suggested Evidence Source

Affidavit of complaint indicating importing, introducing, Apprehending team and

or breeding, foreign or exotic aquatic species other witnesses

Investigation report Investigating officer and/

or apprehending team

Certification that no permit was issued Concerned BFAR office

27. Section 125 - Failure to Comply with Standards and Trade-

Related Measures

CHAPTER 5:
Suggested Evidence Source

Evidence
Affidavit of complaint indicating failure to comply with Apprehending team and
standards and trade-related measures other witnesses
Investigation report Investigating officer and/
or apprehending team
Pictures of fishery products apprehending team
Certification of failure to meet the standards and trade- Concerned BFAR Office
related measures

MENDING NETS Third Edition 139

28. Section 126 - Possessing, Dealing in or Disposing Illegally
Caught or Taken Fish

Suggested Evidence Source

Affidavit indicating possession and/or disposition Apprehending team and

other witnesses
Apprehension report with inventory and seizure receipt Investigating officer and/
or apprehending team
Samples of fisheries species Property custodian
Results of fish examination Fish examiner

29. Section 127 - Unauthorized Disclosure of Sensitive Technical

Information

Suggested Evidence Source

Affidavit of complaint indicating disclosure of data from Apprehending team and

vessel monitoring data other witnesses
Investigation report Investigating officer and/
or apprehending team
Certification that no authorization was issued Concerned BFAR Office

30. Section 128 – Other Violations

Suggested Evidence Source

Affidavit of complaint indicating violation of Apprehending team and

administrative orders or regulations other witnesses
Investigation report Investigating officer and/
or apprehending team

140 Chapter 5 Evidence

CHAPTER 6
Prosecution

T
o ensure environmental protection, laws are created to
regulate and prohibit acts perceived to be detrimental to the
environment. These laws aim to deter the commission of the
acts that pose a danger to the sustainability of resources and
to people’s health by imposing penalties. Environmental laws, however,
will not serve their purpose without effective prosecution.
Existence of environmental laws resolves only a part of the misery
that we now experience. The other part deals with ensuring that
these laws are enforced by putting in place the proper and appropriate
mechanisms and institutional structures that will set in motion the
much needed action.
The Supreme Court, as its contribution to address the clamor
for strengthened environmental law enforcement, promulgated the
new Rules of Procedure for Environmental Cases. These took effect
on April 29, 2010. The Rules of Court and the Rules of Procedure for
Environmental Cases are not necessarily incompatible. Matters that
are not specifically found in the Rules of Procedure for Environmental
Cases are supplied by the Rules of Court.
To help ensure the successful prosecution of coastal law violators,
therefore, it is imperative to know and follow the Rules of Procedure
for Environmental Cases. The Rules cites in this chapter are from
the Rules of Procedure for Environmental Cases, unless otherwise
indicated.

INSTITUTION OF CRIMINAL ACTIONS

The Rules of Procedure for Environmental Cases provides
the basics in the institution of criminal actions for violation of an
environmental law.
These rules have to be observed to avoid the dismissal of the case or
the acquittal of the accused by mere technicalities.

How is a criminal action for violation of an environmental law

instituted?
By filing of a complaint with the Office of the Prosecutor of the place
where the crime is committed. (Part IV, Rule 9, Sections 1 & 2.)

What is a complaint?
A complaint is a sworn written statement, in question and answer

MENDING NETS Third Edition 143

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. (Part IV, Rule 16, Section 2 (g))

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. (Part IV,
Rule 9, Section 1)

Who are the public officers authorized to file complaints for

violations of fishery laws, rules, regulations and ordinances?
• Law enforcement officers of the Department of Agriculture (DA)
• Philippine Navy (PN)
• Philippine Coast Guard (PCG)
• Philippine National Police (PNP)
• PNP-Maritime Command
• Law enforcement officers of local government units (i.e. Bantay
Dagat)
• Other government enforcement agencies
• Fish wardens deputized in writing by DA (e.g. competent
government officials and employees, barangay captains and officers,
members of fisherfolk associations who have undergone training on
law enforcement)
• Sangguniang Bayan members can prosecute any applicable fishery
law violation under sec. 149 (b) (3) of RA7160

Can police officers directly file the complaints without involving

other government agencies such as the DENR or BFAR?
Yes, they can file the case directly 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.

Can a complaint be filed directly with the court?

No. A complaint for violation of environmental law can no longer
be filed directly with the court. It can only be filed with the concerned
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. (Part IV, Rule 9, Section 2)

What must a complaint or information contain?

It must contain the following:
• The name of the accused
The alias or the nickname for which a person is known is
allowed. If the name or alias is unknown, he must be described

144 Chapter 6 Prosecution

 under a fictitious name such as John Doe.
In cases of John Doe warrants, there must be a particular
description of the accused in such a way that he can be easily
identified and will not leave to the arresting officer any discretion as
to who to arrest.
e.g. 5’4” male with butterfly tattoo on his left cheek, 30 years old,
medium build, curly hair
• The designation of the offense given by the statute
• The acts of omissions complained of as constituting the offense
• The name of the offended party
• The approximate time of the commission of the offense
• The place where the offense was committed.

A complaint must always be under oath.

How many offenses may the complaint or information charge?

A complaint or information filed before the courts must charge only
one offense. In cases, therefore, where several offenses were committed
by the same person or group of persons on one occasion, there must be
one complaint or information for each violation.
A fishing boat is seen fishing within municipal waters using
superlights and cyanide. In this situation, two violations of Republic
Act (RA) 10654 are violated: (1) illegal use of superlights and (2) fishing
with the use of a poisonous substance. Separate actions, therefore,
must be instituted: (1) a complaint for Fishing with Illegal Use of
Superlights under Section 98, and (2) an information for Fishing with
the Use of a Poisonous Substance under Section 92(a).

double jeopardy

Does the filing of both complaint and information in the example

CHAPTER 6:

above constitute double jeopardy?

Prosecution

No. In the example above, there are two different acts and two
different offenses; thus, there is no double jeopardy.
Double jeopardy is putting a person twice at the risk of being
punished for the same offense or act. If an act is punishable by a law and an
ordinance, conviction or acquittal under one or the other constitutes a bar to
another prosecution for the same act.
There are two prohibitions in respect to double jeopardy: the first refers
to being punished twice for the same offense; the second refers to being
punished twice for the same act (1987 Constitution, Art. 3, sec. 21).
Two offenses are said to be the same offense when:
• The second offense is merely a frustration of or an attempt to commit the
first, or
• The first offense necessarily includes, or is necessarily included, in the

MENDING NETS Third Edition 145

 second offense
(Rule 117, sec. 7, Rules of Court)
An offense charged necessarily includes another offense when
some of its essential elements, as alleged in the complaint or information,
constitute the second offense. It is necessarily included in another offense
when its elements are included in the elements of the second offense (Rule
120, sec. 5, Rules of Court).

Two acts are considered the same act if:

• the acts took place on the same occasion
• the acts were committed by the same person
• there is a continuing intent or voluntary design or negligence.
(People v. Relova, 148 SCRA 292)
Thus, the acquittal or conviction in a criminal case filed against the
accused for violating an ordinance that prohibits Fishing with the Use of
Active Gear within Municipal Waters will bar the filing of a criminal case
for violating Section 95 of RA 10654, which also involves fishing with an
active gear inside municipal waters. These two prohibitions involve the same
offense and punish the same act.
Double jeopardy applies in this example even if the case is dismissed
due to mere technicalities, as long as the accused has been duly arraigned
(see Uniform Procedure). However, if the accused has not been arraigned,
any of the criminal cases for violations of both a law and an ordinance
may be filed. If the violations do not involve the same act or constitute the
same offense, any number of cases may be filed both under the law and
the ordinance. Administrative cases may be filed at any time without risk of
double jeopardy (See Chapter 7: Administrative Remedies).

national law vs. ordinance

If both a national law and an ordinance punish an offense, on which

grounds should the case be filed?
The prosecution of coastal law violations has one primary objective:
to deter violators from repeatedly destroying the coastal and marine
environment. Although national laws are broader and more comprehensive
in scope, ordinances may achieve this objective more effectively in particular
instances (See Ordinances by Local Government Units in Chapter 1:
Legal Bases). The case should be filed based on the law or ordinance that
provides the more severe penalty. Ideally, this penalty should include the
cancellation of fishing licenses, and the confiscation of fishing vessels,
fishing gears and other instruments used in committing the crime.

When can a case be validly dismissed on the ground of double

jeopardy?
A motion to dismiss the complaint or information is only valid if all of the

146 Chapter 6 Prosecution

 following elements were obtained in the previous prosecution:
• The case was based on a valid complaint or information
• The court had jurisdiction
• The accused had been arraigned and had pleaded
• The accused was either convicted or acquitted, or the case against him
was dismissed or otherwise terminated without his express consent.
• In the absence of one of the elements, the complainant or prosecutor
may oppose the motion filed by the defendant to dismiss the case on the
ground of double jeopardy.

The conviction of the accused for one offense does not bar the
prosecution of another offense that necessarily includes the offense charged
in a previous complaint or information if the plea of guilty to the lesser
offense was made without the consent of the fiscal and of the offended
party.

Prescriptive Periods
Criminal actions must be filed within the prescriptive periods. The
prescriptive period is the time set by law within which an action must
be filed.

When does the prescriptive period begin?

It starts to run from the time of the commission of the crime or,
when unknown, from the discovery of the crime. The institution
of proceedings—such as the filing of a complaint for Preliminary
Investigation—interrupts the prescriptive period.
The following are the prescriptive periods for violations of special
laws and municipal ordinances, unless otherwise provided in such
special laws or ordinances: CHAPTER 6:

Type of Offense Prescriptive Period

Prosecution

Offenses punishable by a fine or imprisonment of not more 1 year

than 1 month or both
Offenses punishable by imprisonment of more than 1 month 4 years
but less than 2 years
Offenses punishable by imprisonment of 2 years or more 8 years
but less than 6 years
Offenses punishable by imprisonment of 6 years or more 12 years
Violations of municipal ordinances 2 months

(Act No. 3326, as amended)

MENDING NETS Third Edition 147

 When the last day allowed for filing a complaint, information or any
other pleading falls on a Saturday, Sunday or a non-working day, the
filing may be done on the next working day.
If a violation of a municipal ordinance was committed on 27
October 2003, a case must be filed anytime from that date until 27
December 2003. The filing of a complaint on 28 December 2003 or
later is no longer allowed. However, if the violation was known only on
1 November 2003 then the two-month prescriptive period starts to run
from this date. A complaint for the violation, therefore, may be filed
until 1 January 2004. But since January 1 is a holiday, the last day for
filing is the next working day.
The filing of a case beyond the prescriptive period is a ground for
dismissal.
The prescriptive period does not run when the offender is out of the
country.

Jurisdiction
Complaints and information must be filed in the court or
prosecutor’s office with the proper jurisdiction. In criminal
prosecution, jurisdiction is the authority of a court to hear and try a
particular offense, and to impose the appropriate punishment provided
by law (Albano, 1998).
The filing of a case before a court that does not have jurisdiction
over a particular offense causes the dismissal of the case. The
erroneous filing does not stop the running of the prescriptive period.
It is therefore important to correctly determine which court the case
should be filed at.

How is jurisdiction determined?

In determining the court of proper jurisdiction, two questions must
be asked:
1. Does the court have jurisdiction over the offense based on the
imposable penalty and its nature?
2. Was the offense committed within the territorial jurisdiction of the
court?
(Agpalo, 2001)

According to imposable penalty and nature of offense

Below are the different courts and corresponding cases within their
jurisdiction based on the imposable penalties and nature of offense:
1. Municipal Trial Courts (MTCs)
• All violations of municipal or city ordinances committed within
their territorial jurisdiction
• All offenses punishable with imprisonment not exceeding 6 years,
irrespective of the amount of the fine (BP Blg. 129, sec. 32, as

148 Chapter 6 Prosecution

 amended by RA 7691)
• All offenses where the imposable penalty is only a fine not
exceeding P4,000

2. Regional Trial Courts (RTCs)

• All criminal cases not within the exclusive jurisdiction of any
other court, tribunal or body, except those falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan (BP
Blg. 129, sec. 20)
• Offenses punishable with imprisonment of at least 6 years and 1
day
• Offenses where the imposable penalty is only a fine exceeding
P4,000
Where the applicable penalty is imprisonment and/or a fine,
jurisdiction is based on the penalty of imprisonment, and not on the fine.
If an offense provides for an imprisonment of 3 years and a fine of
P6,000, the complaint or information must be filed before the MTC,
MCTC or Metropolitan Trial Court (MeTC) even if the imposable fine
is in excess of P4,000.

3. Sandiganbayan
Violations of the following laws by all national and local officials
classified as “grade 27” or above:
• RA 3019, as amended, otherwise known as the Anti-graft and
Corrupt Practices Act
• Bribery and Indirect Bribery of Public Officials (Articles 210 & 211
of the RPC)
These are the offenses applicable to fisheries cases, and are only two
of several offenses cognizable by the Sandiganbayan.

According to the place of commission of the crime

It is important to know where the offense or any of its essential
CHAPTER 6:
Prosecution

elements were committed to determine which court has territorial

jurisdiction. As a general rule, the action is instituted and tried in the
court of the municipality or territory where the offense was committed,
or where any one of its elements took place (Rule 110, sec. 15).
e.g.
• Fishing with the use of fine-mesh net (RA 10654, sec. 93) was
committed in Bogo, Cebu. The penalty imposable is a maximum
imprisonment of only 2 years. Therefore, the case is under the
jurisdiction of the MTC. Since it was committed in Bogo, the
complaint must be filed in the MTC of Bogo.
• Mr. A was seen catching a whale shark, an endangered species,
within the province of Bohol. The offense is punishable by
imprisonment of up to 20 years. The case must therefore be filed in

MENDING NETS Third Edition 149

 the RTC of Bohol.
For offenses committed on vehicles, the following rules apply for
the filing of the action:

Place of Commission Place to File

On board a vessel of Philippine Proper court of the first port of entry, or

registry in the course of its voyage of any municipality or territory through
e.g. possession of corals, endangered which the vessel passed during such
species and explosives voyage, subject to the generally accepted
principles of international law

On an unregistered vessel or a foreign Court that has territorial

vessel jurisdiction over the sea where the vessel
was at the time of the commission of the
offense

(Rule 110, sec. 15, Rules of Court)

e.g. A complaint against a foreign vessel fishing within the waters of

Puerto Princesa must be filed with the RTC of Puerto Princesa.
It follows that for cases requiring Preliminary Investigation, the
complaint is filed before the proper prosecutor following the above
rule.

conflicts in jurisdiction over municipal waters

Which court has jurisdiction when a fishing vessel is caught on the

boundary of two municipalities?
This is possible if the vessel is stationary and is on the boundary of two
jurisdictions. At any rate, Section 15(a) of Rule 111 is applicable. The courts
of either municipality can assume jurisdiction. The principle in Article 360 of
the RPC should also apply by analogy—the court where the case is first filed
acquires jurisdiction, to the exclusion of all other courts.

Does the absence of an ordinance delineating the municipal

waters of a municipality or city deny the concerned LGU the right to
manage its municipal waters?
No. The absence of such ordinance does not negate the LGU’s authority
to manage, conserve, rehabilitate and protect its municipal waters, the extent
of which has been laid down by RA 10654. The LGU may still enforce
all fishery laws, rules, regulations and ordinances within its jurisdiction.
Therefore, a complaint for a fishery violation must be filed in the proper MTC,
MeTC, MCTC or RTC that has jurisdiction over such municipal waters.

150 Chapter 6 Prosecution

PROCEDURES IN PROSECUTION
The different procedures that comprise the prosecution process
begin with determining whether the accused should be subjected to
a trial, and end with final decision by the Supreme Court, if either the
prosecution or the defense avails of remedies to amend or reverse
decisions by lower courts. These procedures, laid down in the Rules of
Court, ensure that the right of both the complainant and the accused to
due process is protected.

Who is in charge of prosecuting environmental cases?

The Office of the Public Prosecutor is in charge of prosecuting
environmental cases.

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. (Part V, Rule 21, Section 3)

Preliminary Investigation
Preliminary Investigation (PI) is an inquiry or proceeding to
determine whether there is sufficient ground to cause a well-founded
belief that a crime has been committed, and that the respondent is
probably guilty of that crime and should be held for trial. (Rule 112, sec.
1, par. 1, Rules of Court)

When is a PI a matter of right?

It is a matter of right where the imposable penalty of the offense
charged is at least 4 years, 2 months and 1 day, without regard to fine
(Rule 112, sec. 1, par. 2, Rules of Court). A PI must first be conducted
CHAPTER 6:
Prosecution

before a complaint or information is filed in court by the prosecutor.

When is a PI not a matter of right?

When the accused is lawfully arrested without a warrant, the
complaint or information may be filed by the prosecutor without need
for a PI, even if the imposable penalty of the offense requires a PI. An
inquest investigation is instead conducted. (See Inquest Investigation)

MENDING NETS Third Edition 151

 All other violations or offenses
Commission
of a crime

Arrested without a warrant Arrested with a warrant

Offenses Offenses Offenses Offenses

punishable by punishable by punishable by punishable by
imprisonment of imprisonment imprisonment imprisonment of
not more than of at least 4 of 4 years at least 4 years,
4 years and 2 years, 2 months and 2 months 2 months and 1
months and 1 day or lower day or higher

File Complaint File Complaint File Complaint

directly with the before inquest before the
MTC/ MTCC/ investigator prosecutor for
MCTC within the for INQUEST PRELIMINARY
prescribed periods INVESTIGATION INVESTIGATION

File Complaint If in Manila and other

before MTC/ chartered cities, file
MTCC/MCTC Complaint before the
prosecutor

Note: If no inquest investigator is

available, file complaint directly
with the court having jurisdiction: Filing of Information
1) MTC/MCTC/MeTC/MTCC, if before the MTC/
punishable by imprisonment of not MCTC/MeTC/MTCC
more than 6 years, or a fine of not by prosecutor
more than P4,000
2)RTC, in any other case

Filing of Information
before the RTC/
UNIFORM PROCEDURE MTC by prosecutor
(see Jurisdiction
According to
Offense)
Violations of
ordinances
OR offenses
punishable by If in Manila and other Filing of information
not more than chartered cities, file Complaint before the MeTC/
6 months before the prosecutor MTCC by prosecutor
imprisonment
or a fine not
exceeding File Complaint before
P1,000 MTC/MCTC/MTCC SUMMARY PROCEDURE

Figure 6.1. Procedures in prosecution.

152 Chapter 6 Prosecution

How is a PI initiated?
It is initiated by the filing of a complaint before the officers
authorized to conduct PIs. The complaint must state the known
address of the accused, and be accompanied by affidavits of the
complainant and his witnesses, as well as other supporting documents.
It must be sworn before a fiscal, state prosecutor or government official
authorized to administer oaths.
It may also be sworn before a notary public, who must certify that
he has personally examined the affiants and that he is satisfied that
they have voluntarily executed and understood their affidavits (Rule on
Summary Procedure, sec. 9a).

Who may conduct PIs?

The following officers are authorized to conduct PIs:
• Provincial or city prosecutors and their assistants
• National and Regional Prosecutors
• Other officers as may be authorized by law (e.g. Ombudsman). (Rule
112, sec. 2, Rules of Court)
The authority of the Ombudsman to conduct PIs is limited to
offenses committed by public officials.

The number of copies of the complaint, as well as the supporting

affidavits and other documents, must be the same as the number of
respondents, plus 2 copies for the official file. At least two copies of all
documents filed are best retained for the complainant’s own file. These
must also be signed and dated by the office where the documents were
filed.
If a complaint is filed against two respondents, at least 6 copies of
the complaint and its supporting documents and affidavits would be
prepared.
A PI is not a trial but merely an inquiry to determine the existence
or non-existence of a probable cause. The right of the accused,
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Prosecution

therefore, to cross-examine witnesses against him does not yet apply

at this stage. The accused may, however, suggest to the investigating
officer questions that may be asked of the complainant and his
witnesses.

Is the lack of a PI a ground for dismissal?

No. However, if the accused invokes his right to a PI, the court
must hold the case in abeyance or suspend the proceedings, and
remand the case to the Office of the Prosecutor for PI.

MENDING NETS Third Edition 153

 The number of copies
Filing of complaint of the complaint must
before the prosecutor for be equal to the number
Preliminary Investigation of respondents, plus 2
copies for the official file.
within
10 days

Dismiss for lack of probable cause Subpoena the respondents

within
10 days
If the respondent cannot be
subpoenaed or, if subpoenaed, Complainant
Submission of
does not submit counter- must be
affidavits, the investigating officer counter-affidavits and
furnished
may base his recommendation supporting documents with copies.
on the affidavits and documents
presented by the complainant. within
10 days

Prosecutor may conduct clarificatory hearing

within 10 days

Recommend dismissal for Recommend filing of

lack of probable cause information

within 5 days within 5 days

Forward record of the Forward record of the

case to Provincial/City case to Provincial/City
Chief State Prosecutor Chief State Prosecutor

within within
10 days 10 days

Authorize dismissal File File Dismiss

information information

Figure 6.2. Preliminary investigation.

remedies for dismissal of complaint

What remedies are available if the complaint is dismissed after the

PI?
1. Motion for reconsideration
2. Appeal
3. Mandamus
4. Filing of another complaint
5. Administrative action or criminal complaint against the officer who
conducted the PI

154 Chapter 6 Prosecution

 Dismissal of the Complaint Filing of a new
complaint
If cognizable by
MTC, MCTC,
MeTC For cases not
falling under
Regional State
Prosecutor
Appeal to the Motion for
Regional State Reconsideration
Prosecutor (within 10 days
Appeal to the
(within 15 days from from receipt of
Secretary of resolution)
receipt of resolution)
Justice
(within 15 days
from receipt of
resolution)
Petition for If denied, file
review to the proper appeal to
Secretary of Mandamus Regional State
Justice to the RTC Prosecutor or
the Secretary of
Justice

Resolution Resolution

Filing of Denial of Filing of Dismissal

information Petition information of Appeal

Figure 6.3. Remedies for dismissal of complaint after preliminary investigation.

1. Motion for reconsideration

When a party is dissatisfied with the decision of the investigating
prosecutor, a motion for reconsideration may be filed with the office that
rendered the decision. This must be done within 10 days from receipt of the
CHAPTER 6:
Prosecution

adverse decision (DOJ Circular No. 70).

The aggrieved party may, however, directly file an appeal without filing a
motion for reconsideration.

2. Appeal
When an aggrieved party is of the opinion that the investigating
prosecutor will not reconsider the resolution, he may file an appeal within 15
days from receipt of the questioned resolution.

To whom should appeals be made?

• Before the Regional Prosecutor, for cases under the jurisdiction of the
MeTC, MTC and MCTC, except in the National Capital Region
• Before the Secretary of Justice, for cases not under the jurisdiction of the
Regional Prosecutor

MENDING NETS Third Edition 155

 The Secretary of Justice may review the resolutions of the Regional State
Prosecutor in appealed cases (DOJ Circular No. 70-A).
The appeal must allege that that appellant has caused the appeal to be
prepared, has read and knows its contents, and that the allegations in the
appeal are true to his own knowledge.

3. Mandamus
Mandamus may be filed when there is grave abuse of discretion on the
part of the prosecutor. It is filed before the RTC.
The prosecutor may file an information in court at his discretion.
Generally, the courts cannot intervene in this executive territory. However,
mandamus may still be availed of in exceptional cases where there are
unmistakable signs of grave abuse of discretion.
Mandamus is an order commanding the respondent to perform an act
that must be done to protect the rights of the petitioner. Mandamus generally
compels the performance of a ministerial duty. A duty is ministerial if
fulfilling it does not require the exercise of either official discretion or
judgment. It is a duty that an officer cannot refuse to do when all the legal
requirements have been complied with by the petitioner. Thus, The High
Court had on occasion ruled that mandamus can be filed by a paper
company to compel the DENR Secretary to issue an IFMA on the ground of
grave abuse of discretion. However, in that case no abuse of discretion was
proven (PICOP vs. Alvarez, GR no. 164516, November 29, 2006).

What may be considered as the prosecutor’s ministerial duties?

When a complaint has been validly filed for a PI, the prosecutor cannot
refuse to conduct a PI. Also, if there is very clear evidence against the
accused, the prosecutor cannot refuse to file the information. Through a
mandamus, he may be compelled to fulfill these duties.

4. Filing of another complaint

The dismissal of a complaint by the prosecutor is not a bar to the filing of
another complaint. This does not constitute double jeopardy since the PI is
not part of the trial. (See previous discussion on Double Jeopardy.) The new
complaint must, however, be filed within the prescriptive period.

5. Filing of an administrative and a criminal case

In cases where the investigating prosecutor has maliciously refrained
from instituting a case for the punishment of law violators, a criminal case
under Section 208 of the RPC may be filed. An administrative action may
also be filed against the prosecutor for appropriate disciplinary action. (See
Chapter 7: Administrative Remedies)

Inquest Investigation
An inquest investigation is an inquiry conducted by a prosecutor
to determine whether or not the warrantless arrest was valid. (See

156 Chapter 6 Prosecution

Warrantless Arrests in Chapter 4: ASSD). An inquest investigation
takes the place of a PI if the accused is arrested without a warrant of
arrest.

What authority does the inquest investigator have?

• Order the release of the accused if he finds lack of sufficient ground
to believe that the accused was lawfully arrested without a warrant
• Conduct further investigation
• File the complaint or information

The detained person Complaint must be

should be asked if he Accused arrested accompanied by:
wishes to avail of the without a warrant 1. Affidavit of Arrest
preliminary investigation. 2. Investigation Report
If he does, he must 3. Affidavits of Complainant
execute a waiver of his and Witnesses
rights under Section 125 4. Other supporting
of the RPC, never without Submit complaint to documents gathered by
the assistance of a lawyer. the police during the
inquest investigator
course of the investigation

No probable cause With probable cause

Recommend the Prepare and

release of the recommend filing of
detained person to the information to
the Provincial or City the Provincial or City
Prosecutor Prosecutor

Not Approved Not Approved

approved approved
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Prosecution

Filing of Order of Order of Filing of

information release release information

Recommendation for release must be accompanied by

a brief memorandum indicating the reason for the action
taken, which is forwarded together with the records of
the case to the City or Provincial Prosecutor.

Figure 6.4. Inquest investigation.

When should the complaint or information be filed by the

inquest investigator?
To avoid liability under Article 125 of the RPC, the complaint
or information must be filed by the investigator within the periods

MENDING NETS Third Edition 157

provided below:
Nature of Penalty Period for Filing
• Light 12 hours
• Correccional 18 hours
• Afflictive or capital 36 hours
(Rule 112, sec. 7)

In case the complaint or information is not filed within the

prescribed periods, the accused must be released, otherwise, the
detention officer will be held liable for delay in the delivery of detained
persons. However, the case may still be filed against the person
arrested, and a PI conducted instead.
When the distance between the place of arrest and the courts makes
it impossible to file the case in time, the complaint or information may
be filed beyond the prescribed periods, but within the soonest possible
time.

What if no inquest investigator is available?

In case the assigned inquest investigator is not available, the
complaint may be filed directly by the peace officer in the proper court,
on the basis of the affidavits of the arresting officer or person (Rule 112,
sec. 7, Rules of Court).

Can the accused ask for a PI pending inquest investigation?

Yes, the accused may do so, provided he signs a waiver of his rights
under Article 125 of the RPC in the presence of a lawyer. The accused
may also ask for a PI within 5 days from the time he learns of the filing
of a case in court against him.

Uniform Procedure
The Rules of Procedure for Environmental Cases shall govern the
procedure in civil, criminal and special civil actions before the Regional
Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts
involving enforcement or violations of environmental and other related
laws, rules and regulations. (Part I, Rule 1, Section)

1. Filing
A criminal proceeding in court begins with the filing of an
information sufficient in form and substance. (See Institution of
Criminal Actions.)

158 Chapter 6 Prosecution

 Filing of complaint or information before the court

Dismissal if no Issuance of warrant

probable cause of arrest

Arraignment Post bail

Pre-trial
Order of the presentation
of Oral Testimony:
1. Direct examination
2. Cross-examination Trial
3. Re-direct examination Order of the Trial:
4. Re-cross examination 1. Presentation of evidence by the prosecution
This order is followed 2. Presentation of evidence by the defense
whether the presentation 3. Presentation of rebuttal and surrebuttal evidence
is made by the prosecution first by the prosecution, and then by the defense
or the defense.

Acquittal Conviction

Figure 6.5. Uniform procedure.

motion to quash

Can the accused oppose the case at this stage?

Yes. Immediately after the case is filed and before the accused enters
his plea, he may file a motion to quash the complaint or information on the
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following grounds:
Prosecution

1. The facts charged do not constitute an offense. The facts stated in the
complaint and affidavits must constitute the elements of the crime (see
Chapter 2: Prohibited Acts & Penalties).
2. The court has no jurisdiction over the offense charged.
e.g. A case for a crime punishable by 1 year is filed before the RTC, or
the case for an offense committed in Tagbilaran City is filed in the MTC
of Panglao, Bohol.
3. The court has no jurisdiction over the person of the accused. e.g. The
accused has not been served the summons.
4. The officer who filed the case had no authority to do so.
e.g. The information is filed by the investigating prosecutor without

MENDING NETS Third Edition 159

 the authority of the city, provincial or state prosecutor, or is filed by a
prosecutor who did not conduct the PI himself.
5. The complaint or information substantially does not conform to the
prescribed form.
e.g. The complaint filed was not subscribed under oath.
6. More than one offense is charged.
e.g. Filing a single complaint before the MTC for violation of Sections
89 & 92 of RA 10654.
This ground is not valid when a single punishment for various offenses
is prescribed by law.
7. The criminal action or liability has been extinguished.
e.g. A complaint for violation of an ordinance is filed 3 months after the
offense was committed or was known to have been committed.
8. The complaint or information contains averments which, if true, would
constitute a legal excuse or justification.
e.g. The age of the accused is below 9 years old. (Rule 117, sec. 3,
Rules of Court)

Failure of the accused to file a motion to quash before he enters his plea
is deemed a waiver of the grounds of the motion to quash.

Once the accused has entered his plea, can he still oppose the
case?
Yes. The accused can still move to quash even if he has already pleaded
if the motion is filed on the following grounds:
• No offense charged
• Lack of jurisdiction of the court over the offense charged
• Extinction of the offense or penalty
• Double jeopardy
(Rule 117, sec. 9, Rules of Court)

provisional dismissal

Can the court dismiss the case at this stage?

Yes, the court may provisionally dismiss a case. Cases subjected to
provisional dismissal must be revived by the prosecution within:
• 1 year if the offense is punishable by imprisonment of not more than 6
years, or a fine of whatever amount
• 2 years if the offense if punishable by imprisonment of more than 6 years.

Failure to revive the case within the specified period will make the
provisional dismissal permanent.

160 Chapter 6 Prosecution

2. Arraignment
Arraignment is the stage of prosecution when the accused is
formally informed of the charges against him by the reading of the
complaint or information in a language or dialect he can understand.
He is then asked if he pleads guilty or not guilty of the offense charged.
At the arraignment, the trial court may allow the accused, with the
consent of the offended party and the prosecutor, to plea bargain.
Plea bargaining is the opportunity given to the accused to plead guilty
to a lesser offense, i.e., an offense that imposes a lower penalty.

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. (Part IV, Rule 15)

plea bargaining

Should the offended party consent to plea bargaining?

It is discouraged, since this is one of the strategies used by violators to
escape the full extent of the punishment provided by law. By plea bargaining,
violators usually only receive the penalty of a fine without imprisonment.
This undermines the very objective of environmental laws to protect coastal
habitats. It creates the impression that offenders can continue violating
environmental laws as long as they can afford to pay the fine. In most cases,
the fine is far below the value of the coastal resource degraded or destroyed
by the illegal act.
The plea is valid only if all of the following are present:
1. The lesser offense is necessarily included in the offense charged
(Amatan vs. Anjero, 248 SCRA 511)
e.g. Actual Use of Dynamite in Fishing is reduced to Possession of
Dynamite. The elements constituting Possession of Dynamite are
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included in the elements of the offense of Actual Use.

Prosecution

2. Consent of offended party

3. Consent of prosecutor
4. The plea is made during arraignment. The plea may also be made after
arraignment, but before the trial and after the withdrawal of the plea of
not guilty.
(Rule 116, sec. 2, Rules of Court)

If the plea is valid, the filing of another case based on the same act or
offense will constitute double jeopardy.

MENDING NETS Third Edition 161

3. Pre-trial

When should the pre-trial be scheduled?

After arraignment, a pre-trial is scheduled within thirty (30) days.
(Rule 16, Section 1)

What happens during pre-trial?

The following happens during the pre-trial:
1. Identification of issues
2. Marking of evidence to be presented as exhibits
3. Comparison of copies attached to the records with the original
documents
4. Stipulation of facts and admissions
5. Settlement of the civil aspect of the case
6. Other matters that may aid in the prompt disposition of the case

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.

4. Trial

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-
trial order. (Rule 17, Section 1)

Unless the accused has pleaded guilty and has interposed a lawful
defense, the order of the trial is as follows:
1. Presentation of evidence by the prosecution
2. Presentation of evidence to prove defense by the accused
3. Presentation of rebuttal and surrebuttal evidence by the
prosecution, and then by the accused
In case the judge fails to order a pre-trial or trial within the period
prescribed by the rules, a motion to set the case for trial can be filed to
avoid the dismissal of the case on the ground of violation of the right of
the accused to a speedy trial.

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.

162 Chapter 6 Prosecution

How is the testimony of the witnesses presented during the trial?
Unlike in ordinary criminal cases, the testimony of the witnesses
is 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. (Rule 17, Section 2)

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. (Rule 4, Section 3)

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. (Rule 17, Section 4)

What other actions can the accused file to dismiss the case
during trial?
A common tactic used by the defense is the filing of a demurrer to
evidence. This is an objection by one of the parties to the sufficiency
of the evidence presented by the other party. It is a motion for the
dismissal of the case on the ground that the prosecution has failed to
establish guilt beyond reasonable doubt.

How is a demurrer to evidence filed?

• With leave of court
If with the permission or “leave” of the court, a motion for leave
must first be filed within a non-extendible period of 5 days after the
prosecution rests its case. Even if the motion for leave is denied,
the accused will still be allowed to present evidence to prove his
defense.
• Without leave of court
If no leave or permission is secured before filing a demurrer
CHAPTER 6:
Prosecution

and the court denies the demurrer to evidence, the accused will
no longer be allowed to present evidence to prove his defense. The
court will then render a decision based on the evidence presented
by the prosecution.

5. Judgment
Judgment is the decision by the court on whether the accused is
guilty or not guilty of the offense charged, and on what proper penalty
must be imposed on the accused (Rule 120, sec. 1, Rules of Court). The
prosecution or the defense may still move for the modification or
for the setting aside of the judgment if the judgment is not final. (See
Remedies After Decision)
In case of a judgment of conviction, the prosecutor is encouraged

MENDING NETS Third Edition 163

to notify the BFAR, DENR and PCG to facilitate the implementation
of administrative remedies that will help discourage the offender from
repeating the offense. (See Chapter 7: Administrative Remedies)

Summary Procedure
Some cases that fall under the jurisdiction of the MTC based on the
imposable penalty are covered by the Rule on Summary Procedure.
These are:
• Violations of municipal or city ordinances
• Criminal cases where the penalty prescribed by law for the offense
charged does not exceed 6 months imprisonment or a fine of P1,000,
or both (Combate v. San Jose, Jr., 135 SCRA 693, 1985).
These cases are started either by a complaint or information filed
directly in court without need of a PI. However, in Metropolitan Manila
and chartered cities, such cases are started only by the filing of an
information. (Rule on Summary Procedure, sec. 9a)
Affidavits required to be submitted under this rule must state only
facts of direct personal knowledge of the affiants. These are the only
admissible evidence. The affiants must also show their competence
to testify on the matters stated in their affidavits. (Rule on Summary
Procedure, sec. 20)

What pleadings are prohibited under the Rule on Summary

Procedure?
The filing of the following pleadings will not be admitted in court:
• Motion to dismiss or quash except for lack of jurisdiction
• Motion for a bill of particulars
• Motion for new trial, reconsideration or re-opening of a trial
• Petition for relief from judgment
• Motion for extension of time to file pleadings or any other pleading
• Petition for certiorari, mandamus or prohibition against any
interlocutory order of the court
• Motion to declare defendant in default
• Dilatory motions for postponement
• Reply
• Third-party complaints
• Interventions
No warrant of arrest is issued in cases covered by the Rules on
Summary Procedure, except when the accused fails to appear in court
when his presence is required. If the accused is under the custody of the
law, he is immediately released.

164 Chapter 6 Prosecution

REMEDIES AFTER DECISION
Before the court’s decision becomes final, the parties may avail of
the following remedies:
• Appeal
• Motion for Reconsideration
• Motion for New Trial
• Certiorari

Appeal
An appeal is the opportunity given to any aggrieved party to
question the decision of the court hearing the case (Rule 121).
Aside from the right to appeal, the accused may also be allowed
to file a motion for reconsideration and a motion for new trial. As a
general rule, the prosecution is not allowed to file an appeal, as it might
place the accused in double jeopardy.

When is an appeal by the prosecution allowed?

Appeals by the prosecution on judgments of dismissal or acquittal
are allowed when the action does not place the accused in double
jeopardy (Rule 122, sec. 2).
There is no double jeopardy if all of the following are true:
• The dismissal is made upon the motion, or with the express consent,
of the accused
• The dismissal is not an acquittal based on the consideration of the
evidence or of the merits of the case
• The question to be passed upon by the appellate court is purely legal
(People v. Villalon, 192 SCRA 521, 1990).

Where must the appeal be made?

• To the RTC, in cases decided by the MTC, MCTC or MeTC
• To the Court of Appeals (CA), in cases decided by the RTC in either
its original or appellate jurisdiction
CHAPTER 6:
Prosecution

• To the Supreme Court, in cases decided by the Court of Appeals

(Rule122, sec. 3)

The other party must always be furnished with a copy of the appeal.

MENDING NETS Third Edition 165

 The number of copies of the
Filing of complaint/ complaint/information and supporting
information before the affidavits must be equal to the
MTC, MTCC, MCTC number of respondents, plus two (2)
copies for the official file. Failure to
comply within five (5) days from filing
will result in the dismissal of the case.

Outright dismissal Order for accused to submit counter-affidavits,

for being patently affidavits of his witnesses and other evidence
without basis or
merit (applies only
Within 10 days
when commenced by
a complaint)
Filing of counter- Within 10 days,
affidavits and affidavits prosecutor
of witnesses (copy may file reply
Order for the affidavits
furnished to the prosecutor)
release of the
accused

Dismissal Arraignment
for lack of
probable
cause Preliminary conference

Trial
If the accused has been (Affidavits submitted by the
taken into custody for the parties constitute the direct
crime charged, the accused testimony of the witnesses)
is immediately arraigned. If
a plea of guilty is entered,
the accused is immediately Within 30 days after
sentenced. termination of trial

Judgment

Figure 6.6. Summary procedure.

When should the appeal be made?

Appeals must be filed with the proper appellate court within 15
days of the promulgation of the adverse judgment. If a decision already
appealed to the RTC is to be appealed again to the CA, the appeal must
be filed within 15 days of the notice of the decision of the RTC.
Promulgation of judgment is the reading of the judge’s decision
or sentence in the presence of the accused. If the conviction is for
light offenses, promulgation before the counsel or representative is
sufficient.

166 Chapter 6 Prosecution

 Petition for Review on Certiorari to the
Supreme Court

Within 15 days of notice

of decision

Notice of Appeal to the Petition for Review to the

Court of Appeals Court of Appeals

Within 15 days Within 15 days of

of promulgation notice of decision
of judgment
Notice of Appeal to the
Cases Regional Trial Court
decided by the
RTC in its original Within 15 days of
jurisdiction promulgation of judgment

Cases
decided by the
MTC/MCTC/MTCC/
MeTC in its original
jurisdiction

Figure 6.7. Appeals process for fisheries cases.

Motion for new trial

The court may, at the motion of the accused, or at its own instance
but with the consent of the accused, grant a new trial when:
• Errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial
• New and material evidence have been discovered that the accused
could not have, with reasonable diligence, discovered and produced
at the trial and which, if introduced and admitted, would probably
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change the judgment

Prosecution

(Rule 121, sec. 1)

Only the defense may file a motion for new trial.

Motion for reconsideration

The court grants reconsideration of its decision on the ground of
errors of law or fact in the judgment. This motion requires no further
proceeding. Only the defense may file a motion for reconsideration.

Certiorari
The judgment or order of acquittal may be challenged in a petition
for certiorari in cases where the lower court did not merely commit

MENDING NETS Third Edition 167

reversible errors, but also grave abuse of discretion amounting to lack
or excess of jurisdiction, or resulting from a denial of due process by the
prosecution or the court.
Any judgment rendered without proper jurisdiction is void. The
rule on double jeopardy, therefore, will not apply if the same case is re-
filed with the proper court.

FINAL JUDGMENT
Final judgment is a judgment that can no longer be appealed and
thus must be executed. A judgment becomes final under any of the
following conditions:
• The 15-day period for perfecting an appeal has lapsed
• The sentence has been partially or totally satisfied or served
• The accused expressly waives in writing his right to appeal
• The accused applies for probation
(Rule 120, sec. 7)
As a rule, judgments rendered by the Supreme Court are considered
final.

alternatives to criminal cases

What can the complainant still do if the final judgment is an

acquittal?
A new complaint for an offense that necessarily includes the offense
charged in the original complaint or information may be filed if the plea of
guilty to a lesser offense was made by the accused without the consent of
the prosecutor and of the offended party.
Filing an administrative case may be an option (See Chapter 7:
Administrative Remedies)

CIVIL CASE

Another alternative is the filing of a civil case. The new Rules of

Procedure for Environmental Cases cover civil cases, criminal cases,
and special civil actions involving the enforcement or violations
of environmental laws and other related laws, rules and regulations,
and other existing laws that relate to the conservation, development,
preservation, protection and utilization of the environment and
natural resources. (Rules of Procedure for Environmental Cases, Sec. 2,
Rule 1)

Who can file civil cases under the new Rules?

1. A real party in interest whether Filipino citizen or not;
2. The Government;

168 Chapter 6 Prosecution

 3. Juridical entities such as people’s organizations, and non-
government organizations. (Sec. 4, Rule 2)

What is a real party in interest?

A real party in interest is a person who stands to be benefited or
injured by the judgment in the case. Unless allowed by law or the Rules
of Court, every action must be prosecuted or defended in the name of
the real party in interest. (Sec. 2, Rule 3, Rules of Court)

Is it necessary that a person who is directly injured can file an

environmental case?
Under the new Rules of Procedure for Environmental Cases,
a person can file an environmental case through a “citizen suit”.
Direct injury to a petitioner or complainant is no longer required for
purposes of filing a case. Any Filipino citizen – whether an individual
or a corporation – in representation of others, including minors or
‘generations yet unborn’, may file action to enforce rights or obligations
under environmental laws. (Sec. 5, Rule 2)

EXAMPLE – citizen’s suit

A case for Injunction and Damages filed with the Regional Trial
Court by one women’s organization, or association, representing
women and minor girls or others yet unborn, to enforce rights or
obligations under the Water Code of the Philippines. The organization,
however, must show accreditation, registration, recognition.
The liberalized rule on standing is now enshrined in the Rules of
Procedure for Environmental Cases which allows the filing of a citizen
suit in environmental cases. The provision on citizen suits in the Rules
“collapses the traditional rule on personal and direct interest, on the
principle that humans are stewards of nature,” and aims to “further
encourage the protection of the environment.” (INTERNATIONAL
SERVICE FOR THE ACQUISITION OF AGRI-BIOTECH
CHAPTER 6:
Prosecution

APPLICATIONS, INC. VS. GREENPEACE SOUTHEAST ASIA

(PHILIPPINES), ET AL., G.R. No. 209271, December 8, 2015)
In the case of RESIDENT MARINE MAMMALS OF THE
PROTECTED SEASCAPE TAÑON STRAIT, e.g., TOOTHED WHALES,
DOLPHINS, PORPOISES, AND OTHER CETACEAN SPECIES, ET AL.
VS. REYES, ET AL., G.R. No. 180771. April 21, 2015, the Supreme Court
ruled:
“It is worth noting here that the Stewards are joined as real
parties in the Petition and not just in representation of the named
cetacean species. The Stewards, Ramos and Eisma-Osorio, having
shown in their petition that there may be possible violations of
laws concerning the habitat of the Resident Marine Mammals, are
therefore declared to possess the legal standing to file this petition.”

MENDING NETS Third Edition 169

Is payment of filing fee required during filing of the case?
Payment of filing and other legal fees is deferred or is no longer
required on the day of filing, but, is postponed until judgment. This
rule is in addition to the rule on indigent litigants, who are exempt from
paying filing and other legal fees. (Sec. 12, Rule 2)

Is a bond required for application of a Temporary Environmental

Protection Order?
Payment of bond is not required for application for a Temporary
Environmental Protection Order (“TEPO”). (Sec. 8, Rule 2)

What is the proceeding in nature?

Proceeding is summary in nature. Both complaint and answer must
include affidavits of witnesses and material evidence. (Sec. 3, Rule 1)

Pre-Trial
The pre-trial stage is maximized, where possibility of settlement
is explored, issues simplified, and the evidence procured through
depositions, and properly identified and marked. (Rule 3)

Trial
Direct examination is made through affidavits; the long process
of question and answer in court is no longer required. (Sec. 3, Rule 2)
The Rules provides that examination of witness should be
completed in one (1) day only. (Sec. 3, Rule 4)
The Rules specifies that the court has only one (1)-year to try and
decide the case. The judge must file a petition with the Supreme Court
to ask for extension. (Sec. 5, Rule 4)
The Rules allows a memorandum to be submitted in electronic
form (e.g., through e-mail) within a non-extendible period.

Is the decision under the new rules immediately executory?

Under the Rules, decisions directing the performance of acts for the
protection, preservation or rehabilitation of the environmental must
be immediately implemented even if an appeal is filed, unless, the
appeals court stops the implementation. (Sec. 2, Rule 5)

SPECIAL CIVIL ACTIONS

What are the Special Civil Actions available under the new rules?
The Rules provides for two (2) special writs, which are speedy
remedies, conducted within a short period of time – the writ of
kalikasan and writ of continuing mandamus.
The writ of kalikasan is given the same level of priority as the writs

170 Chapter 6 Prosecution

of habeas corpus, amparo and habeas data.

ALTERNATIVE REMEDIES

What other alternative remedies available under the new rules?

The complainant can ask for an Environmental Protection Order
(EPO) or Writ of Kalikasan or Writ of Continuing Mandamus from the
court.

ENVIRONMENTAL PROTECTION ORDER (EPO)

What is an EPO?
An Environmental Protection Order is an order issued by the court
directing or enjoining any person or government agency to perform,
or desist from performing an act, in order to protect, preserve or
rehabilitate the environment. (Sec. 4 (d), Rule 1)

What is a Temporary Environmental Protection Order (TEPO)?

A Temporary Environmental Protection Order is an EPO, but, with
a time period during which it is effective or in force – whether seventy-
two (72) hours; or, until the determination of the case. An EPO is a
permanent TEPO. (Sec. 4 (d), Rule 1 and Sec. 8, Rule 2)

When may a TEPO issue?

If it appears from the verified Complaint asking for issuance of EPO
that the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the judge may issue ex parte (that is,
without hearing, as of the moment, the side of the defendants) a TEPO
effective for only seventy-two (72) hours from date of the receipt of the
TEPO by the party or person enjoined. Within the 72-hour period, the
court where the case is assigned, shall conduct a summary hearing to
determine whether the TEPO may be extended until the termination of
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the case. (1st par., Sec. 8, Rule 2)

What are the duties of the court regarding TEPOs or EPOs?

The court must periodically monitor existence of acts concerning
the TEPO. (2nd par., Sec. 8, Rule 2)
The judge is also required to make regular reports to the Supreme
Court through the Office of the Court Administrator regarding any
action taken on a TEPO, EPO, TRO, or a preliminary injunction,
including its modification or dissolution. (Sec. 11, Rule 2)

May a TEPO be dissolved or lifted?

Yes. After hearing, the judge may dissolve a TEPO if it is shown
that its issuance or continuance would cause irreparable damage to the

MENDING NETS Third Edition 171

party or person enjoined, while the applicant may be fully compensated
for damages that may be suffered. The party applying for dissolution of
the TEPO is required to pay sufficient bond. (Sec. 9, Rule 2)
The court may also lift the TEPO anytime if called for by
circumstances. (Sec. 8 and 11, Rule 2)

What else may the judge do regarding TEPOs or EPOs?

In the Decision or Judgment, the judge may convert the TEPO to a
permanent EPO, or issue a writ of continuing mandamus directing the
performance of acts which shall be effective until the judgment is fully
satisfied. (Sec. 3, Rule 5)

May a court, through a TRO or writ of preliminary injunction,

stop the actions of government agencies that enforce
environmental laws or prevent violations thereof?
Only the Supreme Court can issue a TRO or writ of preliminary
injunction against lawful actions of government agencies that enforce
environmental laws or prevent violations thereof. (Part II, Rule 2,
Section 10)

Can TEPO or EPO be availed of in criminal cases?

A TEPO or EPO may be availed of in criminal cases covered by the
Rules. The procedure concerning TEPO or EPO in civil cases is to be
followed. (Sec. 2, Rule 13)

WRIT OF KALIKASAN

What is a Writ of Kalikasan?

The Writ of Kalikasan is an extraordinary legal remedy introduced
in the Rules of Procedure for Environmental Cases, which may be filed
with the Supreme Court and the Court of Appeals only, by persons, on
behalf of others, whose constitutional right to a balanced and healthful
ecology is violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private individual or entity
involving environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two (2) or more cities or
provinces. (Sec. 1, Rule 7)

Who may file a petition for this writ?

On behalf of others, whose constitutional right to a balanced
and healthful ecology is violated, or threatened with violation by
an unlawful act or omission of a public official or employee, or
private individual or entity involving environmental damage of such

172 Chapter 6 Prosecution

magnitude as to prejudice the life, health or property of inhabitants in
two (2) or more cities or provinces, the following may file a petition for
the issuance of the Writ of Kalikasan:
1. natural person (i.e., human beings), or
2. juridical person (i.e., corporations),
3. entity authorized by law,
people’s organization, non-governmental organization, or
any public interest group accredited by or registered with any
government agency. (Sec. 1, Rule 7)

Who may be included as respondents?

The petition may be filed against:
1. Public officials or employees, i.e., the Government, or persons
working for the government; and/or
2. Private persons or corporations, organizations, associations, etc.

Where or with which court may the petition be filed?

The petition shall be filed with the Supreme Court, or any station
of the Court of Appeals only. (Sec. 3, Rule 7)

How much is the filing fee?

The petitioner does not pay docket or filing fees for the petition for
writ of kalikasan. (Sec. 4, Rule 7)

In a successful petition, what may the SC or CA ORDER?

If the writ of kalikasan is granted, the Supreme Court or Court of
Appeals may order the following:
• PERMANENTLY CEASE AND DESIST from violating
environmental laws, or committing acts, or neglecting performance
of a duty, in violation of environmental laws resulting in
environmental destruction or damage.
• PROTECT, PRESERVE, REHABILITATE, RESTORE the
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environment
• For all respondents to MONITOR STRICT COMPLIANCE with
decision and court orders;
• Direct all respondents to write PERIODIC REPORTS regarding
execution of the final judgment;
• OTHER RELIEFS relating to right of people to a balanced and
healthful ecology or to protection, preservation, rehabilitation or
restoration of the environment.

Can damages be awarded?

No. Damages may not be awarded in favor of individual petitioners.
(Sec. 15, Rule 7)

MENDING NETS Third Edition 173

What can petitioner do next if petition is denied?
If the petition was filed with the Court of Appeals, the losing or
aggrieved party has fifteen (15) days to appeal to the Supreme Court.
(Sec. 16, Rule 7)
If the petition was filed with the Supreme Court, the losing party
may file a motion for reconsideration.

Can Petitioner file other cases?

Yes. The filing of a Petition for issuance of writ of Kalikasan shall
not prevent the filing of separate civil, criminal or administrative cases.
(Sec. 17, Rule 7)

What are the contents of the Petition?

1. Personal circumstances of petitioner;
2. Name, personal circumstances, assumed name, alias of
respondent;
3. Environmental law, rule, regulation violated or threatened to be
violated;
4. Act or omission complained of, and the environmental damage
of such magnitude as to prejudice the life, health or property of
inhabitants in two (2) or more cities or provinces;
5. All relevant and material evidence, including object evidence, if
possible;
6. Reliefs or specific protection prayed for including prayer for TEPO;
7. Verification and certificate of non-forum shopping. (Sec. 2, Rule 7)

ISSUE: Can the validity of an ECC be challenged via a WRIT OF

KALIKASAN?
Yes, but subject to certain qualifications. The writ of kalikasan
is principally predicated on an actual or threatened violation of the
constitutional right to a balanced and healthful ecology, which involves
environmental damage of a magnitude that transcends political and
territorial boundaries. A party, therefore, who invokes the writ based
on alleged defects or irregularities in the issuance of an ECC must not
only allege and prove such defects or irregularities, but must
also provide a causal link or, at least, a reasonable connection
between the defects or irregularities in the issuance of an ECC
and the actual or threatened violation of the constitutional
right to a balanced and healthful ecology of the magnitude
contemplated under the Rules. (PAJE VS. CASIŇO, G.R. No.
207257, Feb. 3, 2015)

174 Chapter 6 Prosecution

WRIT OF CONTINUING MANDAMUS

What is this Writ of Continuing Mandamus?

The special civil action of Writ of Continuing Mandamus may
be filed to ask the court to compel the government or its officers or
agents to perform an act or acts specifically required by law, so that the
right to a balanced and healthful ecology may be protected. This writ
allows the court to retain authority even after judgment is issued in an
environmental case, in order to ensure the successful implementation
of the reliefs granted in the decision. One of these reliefs that the court
may order is to compel the submission of compliance reports from the
respondent government agency. The court may order other means to
monitor compliance with its decision.
The Supreme Court also explains that this special civil action
integrates the ruling of the SC in the leading case where it ordered the
cleanup of Manila Bay, and the present rule under the “Rules of Court”
on the issuance of the writ of mandamus. In terms of procedure, the
filing of a petition for continuing mandamus is similar to the filing of an
ordinary writ of mandamus, however, with continuing mandamus, the
Temporary Environmental Protection Order is available as additional
remedy.
Reminder: A writ of continuing mandamus may also be prayed for
as a relief in other environmental cases, and in a petition for the writ of
kalikasan.

The case of Metro Manila Development Authority, DENR, et.

al. vs. Concerned Citizens of Manila Bay, G.R. Nos. 171947-48,
(December 18, 2008), involved the implementation of the Solid
Waste Management act, the Fisheries Code, Pollution Control law,
and the Clean Water act, by different government agencies tasked to
take care of Manila Bay under the said laws. Concerned citizens sued
the officials of these agencies and requested the High Court to direct
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these agencies to clean up, rehabilitate and protect Manila Bay. The
government agencies defended themselves by saying that the clean up
was a discretionary duty and there must be a specific pollution incident
first before they are required to act. The Supreme Court ruled that the
government agencies are duty bound to clean Manila Bay as they are
mandated by law to enforce and comply with provisions of applicable
law. The Cleaning or Rehabilitation of Manila Bay can be compelled
by Mandamus. Generally, the writ of mandamus serves to require the
execution of a ministerial duty.

MENDING NETS Third Edition 175

Who may be respondents?
A Petition for Continuing Mandamus may be filed against:
a. Any agency or instrumentality of the government, or
b. Any officer of the agency or instrumentality of the government.

Reminder: Only the Government or its officers may be named as

respondents in a petition for continuing mandamus.

What acts are covered by this writ?

The subject matter of this special civil action are the:
1. Unlawful neglect in the performance of an act or duty by
any office or officer of the government, in connection with
the enforcement or violation of an environmental law, rule or
regulation or a right therein; or
2. Unlawful exclusion of another from the use or enjoyment of such
right.

In both instances, a petition for writ of continuing mandamus may

be filed where there is no other plain, speedy and adequate remedy in
the ordinary course of law.

Who may file a petition?

This special civil action is available only to person/s personally
aggrieved by the unlawful neglect, or unlawful exclusion. (Sec. 1, Rule 8)

What are the contents of the Petition?

The following must be included in the petition:
1. Facts of the case;
2. All evidence;
3. Environmental law, rule, or regulation;
4. Reliefs; and
5. Verification and Certificate of non-forum shopping. (Sec. 1, Rule 8)

Where is a petition filed?

The petition may be filed with the Regional Trial Court exercising
jurisdiction over the territory where the unlawful neglect or exclusion
occurred. It may also be filed with the Court of Appeals, or the
Supreme Court. (Sec. 2, Rule 8)

How much is the filing fee?

There is no filing fee required; petitioner is exempt from the
payment of docket fees. (Sec. 3, Rule 8)

WHAT may petitioner ask the court?

The petitioner may ask that respondent/s be ordered by the court to:

176 Chapter 6 Prosecution

 1. Do an act or series of acts until the judgment is fully satisfied;
2. Pay damages to petitioner caused by respondent’s malicious
neglect to perform its duties. (Sec. 1, Rule 8)

What may the court order contain?

If warranted, the court shall grant the privilege of the writ of
continuing mandamus and -
a. Require respondents to perform acts or series of acts until judg-
ment is fully satisfied,
b. Grant other reliefs,
c. Require respondent to submit periodic reports detailing the prog-
ress and execution of judgment, and a final report.

The court, a commissioner, or the appropriate government agency,

may evaluate and monitor respondent’s compliance with the judgment.
(Sec. 7, Rule 8)

WHAT ELSE may a petitioner do after favorable Decision or

Judgment?
Petitioner may submit comments or observations on the execution
of the judgment by the respondent Government Agency or officer. (Sec.
7, Rule 8)

APPLICATION OF THE PRECAUTIONARY PRINCIPLE

The precautionary principle comes from international law. It
is introduced in Philippine law through the Rules of Procedure for
Environmental Cases. The principle states that when human activities
may lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain, actions
shall be taken to avoid or diminish that threat. (Sec. 3 (f), Rule 1)

How is this principle applied?

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When there is a lack of scientific certainty in establishing a causal

link between human activity and environmental effect, the court shall
apply the precautionary principle when considering the evidence and
in resolving the case before it.
The Rules says the constitutional right of the people to a balanced
and healthful ecology shall be given the benefit of the doubt. (Sec. 1,
Rule 20)

What factors may the court consider in applying the principle?

The court may consider the following, among other factors:
1. Threats to human life or health;
2. Inequity to present or future generations; or
3. Prejudice to the environment without legal consideration of the

MENDING NETS Third Edition 177

 In the case of INTERNATIONAL SERVICE FOR THE
ACQUISITION OF AGRI-BIOTECH APPLICATIONS, INC. VS.
GREENPEACE SOUTHEAST ASIA (PHILIPPINES), ET AL.,
G.R. No. 209271, December 8, 2015, the Supreme Court applied the
PRECAUTIONARY PRINCIPLE in this wise:

“For purposes of evidence, the precautionary principle should be

treated as a principle of last resort, where application of the regular
Rules of Evidence would cause in an inequitable result for the

uncertain; (b) settings in which harm might be irreversible and what

is lost is irreplaceable; and (c) settings in which the harm that might
result would be serious. When these features — uncertainty, the
possibility of irreversible harm, and the possibility of serious harm
— coincide, the case for the precautionary principle is strongest.
When in doubt, cases must be resolved in favor of the constitutional
right to a balanced and healthful ecology. Parenthetically, judicial
adjudication is one of the strongest fora in which the precautionary
principle may find applicability.
Assessing the evidence on record, as well as the current state of
GMO research worldwide, the Court finds all the three conditions
present in this case — uncertainty, the possibility of irreversible
harm and the possibility of serious harm.”

STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN

CIVIL CASES (SLAPP)
(Note: For SLAPP in criminal cases please see page 94 of Chapter 4)

How is a SLAPP may be used in civil cases?

The DEFENDANT in a civil case may use SLAPP as a defense,
and write this in the “Answer”. The defendants must support SLAPP

papers. The defendant may ask the court for damages, attorney’s fees,
and costs of suit.
The PLAINTIFF may file an opposition. (Sec. 2, Rule 6)

How is the hearing conducted in SLAPP defense?

A summary hearing is conducted. In this summary hearing, the plain-
preponderance of evidence that the SLAPP
is a valid case and not just a ‘harassment’ case. Also in this summary
hearing, the defendant must convince the court by substantial evidence
that the act complained of is a legitimate action for the protection, pres-

178 Chapter 6 Prosecution

ervation and rehabilitation of the environment. (Sec. 3, Rule 6)

How will the Court resolve the issue of SLAPP?

Within thirty (30) days after summary hearing, the Court shall
resolve the issue.
The court may believe defendant and dismiss the SLAPP or
‘harassment’ case. Damages, attorney’s fees and costs of suit may be
awarded, if asked for by defendant.
Or, the court may order the case to proceed; rejecting the defense of
a SLAPP. The evidence in the summary hearing regarding SLAPP shall
be treated as evidence in the main case. (Sec. 4, Rule 6)

PETITION
(sufficient in form &
substance)

WRIT OF CONTINUING MANDAMUS

& Order to Comment
& TEPO Or Others to Expedite Proceedings

COMMENT of Respondents

SUMMARY HEARING or
SUBMISSION OF MEMORANDA
CHAPTER 6:
Prosecution

JUDGMENT or WRIT OF CONTINUING MANDAMUS

REGULAR REPORTS
by Respondent until full PETITIONER’S
satisfaction of Judgment COMMENTS
& Final Report

ENTRY OF JUDGMENT

Figure 6.8. Procedure in Continuing Mandamus

MENDING NETS Third Edition 179

 PETITION

WRIT OF KALIKASAN
& COURT ORDER
• For Respondent to file verified RETURN
• CEASE & DESIST
• Other temporary reliefs

NO RETURN RESPONDENT’S
RETURN

PRELIMINARY
CONFERENCE

ex parte
HEARING HEARING

MEMORANDA

JUDGMENT

Figure 6.9. Procedure in Writ of Kalikasan

180 Chapter 6 Prosecution

 Crime
committed

Crime investigated Warrantless

arrest
Crime reported
by a witness
Without With
sufficiency of sufficiency of
evidence evidence

Archived Dropping
for further and closing of
investigation complaint Filing of criminal Inquest by
complaint before prosecutor
prosecutor’s office
If additional
pieces of evidence
are found/ Preliminary investigation
discovered

Probable Probable
cause does not cause exist
exist

Case
dismissed Filing of information in court

Issue of warrant of arrest

Arrest
Trial
CHAPTER 6:
Prosecution

Filing of
Accused posts bail
information

Acquittal Conviction
Arraignment

Post judgment remidies Pre-trial

i.e. appeal, new trial, motion
for reconsideration

Acquittal Conviction Service of sentence

Figure 6.10. Flow of prosecution

MENDING NETS Third Edition 181

CHAPTER 7
Administrative Remedies

J
udicial procedures are often tedious and expensive. They
demand a lot of time and effort from those who dare pursue
justice to its end. The high rate of cases dismissed due to
the technical rigidity of the Rules on Criminal Procedure
often discourages coastal law enforcers, who feel that all their labor
goes to waste when coastal law violators go unpunished for their
environmentally destructive acts.
An administrative remedy is a plain, speedy and effective non-
judicial remedy provided by administrative agencies (US v. Morton
No. 1-4345). It provides law enforcers with a venue for obtaining
appropriate remedies for coastal law violations without the hassles,
expenses and delays usually associated with judicial proceedings.
Arguably, administrative remedies are even more effective
in deterring further destruction of the coastal environment.
Administrative penalties, such as the closure and cessation of a
commercial fishing operation or the confiscation of fishing vessels and
gears, discourage the violator from further violating the law because
of the bigger financial costs involved compared to the inadequate fines
imposed by the regular court.

What process is used to resolve administrative cases?

Administrative adjudication refers to the process adopted by an
administrative agency for the formulation of a final order or decision.
This process includes the different principles and procedures in
the resolution of both routine and contested matters, including the
settlement of conflicting claims between an executive or administrative
authority and an individual or private right. (EO 292, Book Seven)

Who may initiate an administrative action?

• Any aggrieved party
• An administrative agency on its own initiative, motion or complaint
• Stakeholders
Stakeholders are persons who may be significantly affected by
the project or undertaking. Examples would be members of the local
community, industry, local government unit, national government
agencies, non-government organizations and people’s organizations.
(DAO 2003-30, sec. 3)

MENDING NETS Third Edition 185

Who has the authority to adjudicate administrative cases?
• Any department, bureau, office, commission, authority or officer of
the National Government authorized by law or executive order to
issue licenses, grant rights or privileges, and adjudicate cases
• Research institutions with respect to licensing functions
• Government corporations with respect to functions regulating
private right, privileges, occupation or business
• Public officials in the exercise of disciplinary power
• Local government units
(EO 292, Book Seven)
Although this list is broad in scope, an agency’s authority to
adjudicate is bestowed by the Constitution or by-laws that provide
the agency its mandates. This power, however, need not be expressly
conferred upon it, but may be fairly or necessarily implied from what
has been expressly provided.

Can a criminal and administrative case be filed simultaneously?

Administrative remedies can be availed of at any time because
administrative cases are distinct and different in nature from criminal
cases. They are governed by separate rules and regulations. Thus, a
final conviction in a judicial or regular court is not necessary before an
administrative case can be filed against the violator. Administrative
remedies may also be resorted to without having to file a case in regular
court, or even when a case is pending in court.
A final conviction for violations of RA 10654 is not a requirement
for the cancellation of a commercial fishing vessel and gear license
(CFVGL). FAO 198 provides that any violation of fishery-related laws is
a ground for its cancellation. The violation can be proven by competent
evidence other than a court’s final decision.

GENERAL PROCEDURES
The general guideline for administrative proceedings is provided
in the Administrative Code of the Philippines (EO 292). This guideline
automatically applies when an administrative body has no specific rules
and regulations of its own (see Specific Rules and Procedures). The Rules
of Court are also used in administrative cases, but they apply only in a
suppletory manner and without regard to the rigidity of technical rules.

To what agencies are the general procedures applicable?

The general procedures apply to all administrative proceedings
undertaken by government agencies. Exceptions to this are
proceedings by Congress, the Judiciary, the Constitutional
Commissions, military establishments in all matters relating
exclusively to Armed Forces personnel, the Board of Pardons and
Parole, and state universities and colleges. (EO 292, Book Seven)

186 Chapter 7 Administrative Remidies

 Filing of complaint

Notice of hearing must state the date,

Notice to the parties
time and place of hearing

Compromise and artbitration are encouraged

Trial (presentation of
evidence and witnesses)
The attendance of witnesses may be
secured through subpoena

The decision becomes final and executory

Decision if neither party appeals within 15 days of
their receipt of the copy of the decision

Only one motion for reconsideration is

Motion for reconsideration allowed (this motion interrupts the running
of the 15-day period to appeal)

Publication of decision

Appeal to the department If the motion for reconsideration is denied,

secretary by Notice of the movant has to file his appeal within
Appeal the remainder of the period to appeal

The appeal stays the decision appealed

Action on appeal from, unless otherwise provided by law,
or when the appellate agency directs the
execution of the decision pending appeal

The appellate agency reviews the records

Appeal to the office of the of the proceedings and may, on its
Administrative Remidies

president own initiative or upon a motion, receive

CHAPTER 7:

additional evidence

The decision of the appellate agency becomes final and executory 15 days after
the parties receive a copy of the decision.

Figure 7.1. General procedure for administrative cases.

MENDING NETS Third Edition 187

Rights of the Parties in Administrative Cases
The rights of the parties to due process are protected even in
administrative adjudication. This is the doctrine laid down in Ang
Tibay v. Court of Industrial Relations (69 Phil. 365) where the Supreme
Court provides that the parties in administrative proceedings have
cardinal primary rights that must be respected even in this kind of
proceedings. These rights are the following:
• Right to a hearing, which includes the right of the party interested
or affected to present his own case and submit evidence in support
of it.
• Not only must the party be given an opportunity to present his case,
but the tribunal must also consider the evidence he presents.
• The decision must be supported by facts.
• The evidence on which the decision is based must be substantial.
• The decision must be rendered on the evidence presented at the
hearing or at least contained in the record and disclosed to the
parties affected.
• The judges must act on their own independent consideration of the
law and facts of the controversy.
• The decision must be rendered in such a manner that the parties to
the proceeding can be informed of the various issues involved and
the reasons for the decision rendered.
In Air Manila Inc. v. Balatbat (38 SCRA 489), the Supreme Court
laid down additional fundamental procedural rights of the accused in
administrative cases. These are the rights to:
• A notice, be it actual or constructive
• Reasonable opportunity to appear and defend his rights, and to
introduce witnesses and relevant evidence in his favor
• A tribunal so constituted as to give him reasonable assurance of
honesty and impartiality, and of competent jurisdiction
• A finding or decision by that tribunal supported by substantial
evidence presented at the hearings or at least ascertained in the
records or disclosed to the parties

What is due process in administrative proceedings?

Due process refers to the right of each party to be notified of the
charges against him affecting his own person, property or right, and the
opportunity for him to be heard and to present evidence on his behalf
before any judgment is rendered against him (Central Bank v. Cloribel,
44 SCRA 307).

What kind of notice must be provided to the parties?

1. If the statute or rule provides the manner, form and time of notice,
the notice must substantially conform to the prescribed provisions.
If the statute or rule provides that notice by publication is

188 Chapter 7 Administrative Remidies

 sufficient to acquire jurisdiction, then service of the notice of
hearing personally to the accused is not necessary (Lumiqued
v. Exevea, 89 SCRA 125). But if personal service is required, the
posting of the notice on a billboard or in public places is not
sufficient.

2. If the law or the rule does not specify a particular requirement,

the notice must give the party sufficient time and information to
prepare his defense or to meet the issues involved.

Is a formal hearing necessary in administrative proceedings?

No. It is sufficient that the accused party be given an opportunity
to defend his interests. This opportunity is the very essence of due
process; it respects the rights of the parties without having to conduct a
formal hearing.
This opportunity for the accused to defend and present his case
includes the responsibility of the administrative agency to consider
the evidence presented, and to act on its own consideration of the law
and the facts of the controversy. The agency must not simply accept the
view of a subordinate who has conducted initial investigations, because
a partial proceeding violates the right of the party to due process
(Doruelo v. Commission on Elections, 183 SCRA 382).

Is a lawyer required in administrative proceedings?

No. In fact, some administrative agencies prohibit the appearance
of a counsel in the proceedings.

What rules on evidence apply in administrative proceedings?

Administrative agencies are not bound by the strict rules governing
the reception of evidence in court proceedings. However, they are
mandated to observe some basic rules.
In the case of Cortes v. Agcaoile (294 SCRA 423), the Supreme Court
provides that in administrative proceedings, there must be substantial
evidence to support a finding or conclusion.
Substantial evidence is that amount of relevant evidence
adequate and acceptable enough for a reasonable mind to justify a
conclusion or support a decision. (Rule 133, sec. 4)
Administrative Remidies

In case of contested cases, the following are the minimum

CHAPTER 7:

guidelines:
• The agency may admit and give probative value to evidence
commonly accepted by reasonably prudent men in the conduct of
their affairs.
• Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request, the
parties are given the opportunity to compare the copy with the

MENDING NETS Third Edition 189

 original. If the original is in the official custody of a public officer, a
certified copy of the original may be accepted.
• Every party has the right to cross-examine witnesses presented
against him and to submit rebuttal evidence.
• The agency may take notice of judicially cognizable facts and
of generally cognizable technical or scientific facts within its
specialized knowledge. The parties are notified and afforded an
opportunity to contest the facts.
(EO 292, Book Seven, sec. 12)

Remedies after Decision

The decision on the administrative case can still be modified for as
long as it is not final yet, and the case is still within the control of the
administrative authorities.

When is the decision final?

The decision becomes final and executory if the parties do not
appeal the case within 15 days after receipt of the copy of the decision
(De Leon, 1998).

How is judgment modified?

Either party can move to modify the decision by filing a motion for
reconsideration or an appeal within 15 days from receipt of the decision
on the grounds of fraud of imposition, mistake, surprise, inadvertence,
newly discovered evidence, or a changed condition.

Motion for Reconsideration

The filing of a motion for reconsideration interrupts the 15-day
period to appeal. However, if the motion for reconsideration is denied,
an appeal must be filed within the remaining period to appeal.
A motion for reconsideration should be filed only before the
tribunal that made the decision. Only one motion for reconsideration
may be filed.

Appeal
An appeal delays the execution of a decision, unless otherwise
provided by law or when the appellate agency directs execution
pending appeal.

Where is it filed?
If the decision is rendered by the Regional Director, it may be
appealed to the Department Secretary. If the decision is rendered by
the Department Secretary, the aggrieved party has two options:
• To file a notice of appeal with the Office of the President; this office
exercises supervisory powers over all executive departments

190 Chapter 7 Administrative Remidies

 • To file a petition for review with the Court of Appeals, as provided
under Rule 43 of the Rules of Court
The principle of exhaustion of remedies does not apply when the
respondent is a Department Secretary who acts as an alter-ego of the
President, and whose decision bears his implied or assumed approval.
The exhaustion of remedies, which in this case is to file an appeal
before the Office of the President, is no longer necessary.

Other Remedies
If administrative adjudication does not yield the desired result, the
party may also file the following petitions in the regular court:
1. Petition for certiorari
Annuls or modifies the proceedings of the tribunal, board or
officers, and grants such incidental reliefs as law and justice may
require
2. Petition for mandamus
Causes the concerned administrative official to perform an act
necessary to protect the rights of the petitioners, and to pay the
damages sustained by the petitioners due to his wrongful act
3. Petition for prohibition
Causes the tribunal to desist from further proceedings in the action
or matter in question, and grants incidental reliefs as law and
justice may require

What are the requisites for filing these petitions?

• The tribunal has acted without or in excess of its jurisdiction, or
acted with grave abuse of discretion amounting to lack or excess of
jurisdiction, and
• No appeal, or any plain, speedy, and adequate remedy in the course
of the law is available
Administrative adjudication does not prevent the aggrieved party
from filing an action in regular court, especially if administrative
adjudication does not yield the desired result or causes unreasonable
delays.

SPECIFIC RULES AND PROCEDURES

Many administrative bodies tasked with implementing coastal
Administrative Remidies

laws have issued their own rules and regulations for adjudicating
CHAPTER 7:

administrative cases. In summary, these legal issuances are:

• RA 10654 empowers the DA to impose administrative fines and
penalties and in connection thereof, it shall promulgate rules and
regulations for the conduct of administrative adjudication
• DAO 32 s. 1997, governing the administrative confiscation of illegal
forest products, tools, instruments and conveyances
• DAO 96-37, governing the imposition of fines and the cancellation/

MENDING NETS Third Edition 191

 revocation of Environmental Compliance Certificates
• PD 984, governing the imposition of fines and penalties in pollution
cases
• Coast Guard MC No. 3 s. 1994, governing the administrative
adjudication of marine pollution cases
• Ombudsman AO No. 07, governing the adjudication and
investigation of cases filed against public officials.
These legal issuances provide for guidelines in the adjudication of
administrative cases specific to each relevant government body, as well
as the acts or omissions that may be a basis for filing an administrative
complaint.

National Government Agencies

Bureau of Fisheries and Aquatic Resources

Section 65 of RA 10654 empowers the DA-BFAR to enforce all
laws, and to formulate and enforce all rules and regulations governing
the conservation and management of fishery resources, except in
municipal waters. BFAR is also mandated to settle conflicts of resource
use and allocation in consultation with the national and local Fisheries
and Aquatic Resources Management Councils and LGUs.
RA 10654 empowers the DA to impose administrative fines and
penalties and in connection thereof, it shall promulgate rules and
regulations for the conduct of administrative adjudication and
the disposition of confiscated catch, gears, equipment and other
paraphernalia. It shall also issue subpoena duces tecum and ad
testificandum in administrative cases before it.

Violation under RA 10654 can be simultaneously prosecuted

criminally and administratively. (Please see Chapter 2 on
Prohibited Acts and Penalties)

How can an administrative proceeding against any person who

violates any order, rule or regulation issued by the DA pursuant
to RA 10654 be instituted?
The DA shall, on its own instance or upon verified complaint by
any person, institute administrative proceedings. (Sec. 131, RA 10654)

How can an administrative action be commenced?

Administrative action is commenced upon filing of a verified
complaint before the Adjudication Committee, through the Secretariat,
provided, that in cases initiated by the BFAR, the law enforcement
officer shall file the complaint before the Adjudication Committee
immediately after completion of the investigation of the violation.
(Rule 131.1, IRR of RA 10654)

192 Chapter 7 Administrative Remidies

 The verified complaint must be supported by affidavits of
witnesses and documentary evidence.

Can the case be settled prior to commencement of any criminal

action in court?
Prior to the commencement of any criminal action in court, the
violation may be subject to an administrative settlement based on a
schedule to be promulgated by the Adjudication Committee. (Rule
131.2, IRR of RA 10654)
The settlement penalty shall not be lower than 30% of the
minimum of the imposable penalty prescribed under the law; Provided,
further, that the settlement penalty imposed after the filing of an
Answer or responsive pleading but before a decision is rendered, shall
not be lower than 50% of the imposable penalty under the law. (Rule
131.2, IRR of RA 10654)

Can an offender always avail an administrative settlement?

An offender may avail of an administrative settlement, as a matter
of right, twice within the three-year period of their license. Thereafter,
the acceptance of an offer to settle shall be decided upon by the
Adjudication Committee. (Rule 131.2, IRR of RA 10654)

What is the formula in the computation of penalties?

Settlement Penalty = (ACTUAL GT ÷ MAX GT) x
Compromise Rate x Minimum Penalty amount

What if the above formula is not applicable?

In case the formula is inapplicable, the rate in Rule 131.2 shall apply.
(Rule 131.3, IRR of RA 10654)

Is the settlement entered into by the offender can be considered

as an admission of his liability?
A settlement, through the written offer of the offender, approved by
the Adjudication Committee, shall not be considered as an admission
of any liability, provided, that an offer to settle made and accepted
after the filing of an Answer or any responsive pleading, but before the
promulgation of judgment, shall warrant a higher rate. (Rule 131.4, IRR
Administrative Remidies

of RA 10654)
CHAPTER 7:

Is the DA has the power to issue Cease and Desist Orders and to
Summarily Evict without Judicial Order?
The Department shall, subject to the requirements of
administrative due process, issue cease and desist order/s upon
violator/s and to summarily eject, without the necessity of judicial
order, the holder of FLA, other tenurial instrument, permit or license

MENDING NETS Third Edition 193

from areas of the public domain covered by such FLA, tenurial
instrument, permit or license. (Sec. 132, RA 10654)

Can the BFAR Director or the Duly Authorized Representative

issue Notice of Violation and Order Confiscation?
In all cases of violations of this Code or other fishery laws, rules
and regulations, the Director of the BFAR or the duly authorized
representative, may issue a notice of violation and order the
confiscation of any fish, fishery species or aquatic resources illegally
caught, taken or gathered, and all equipment, paraphernalia and
gears in favor of the Department, academic institutions or LGUs
and to dispose of the same in accordance with pertinent laws, rules,
regulations and policies on the matter. (Sec. 133, RA 10654)

When is the Notice of Violation issued?

The Notices of Violation (NOV) shall be issued immediately upon
apprehension or arrest of the offender.

To whom the NOV be issued?

It shall be issued to the offender, owner on record of the vessel or
gear. (Rule 133.1, IRR of RA 10654)

What document should be issued pertaining to the items

confiscated?
A Seizure Receipt shall be issued to the offender together with the
NOV containing an inventory of fish, fishery species or aquatic
resources that are subjects or proceeds of the offense committed and
all fishing equipment, paraphernalia and gears that may be confiscated
as provided for by law.

Who shall sign the Seizure Receipt?

The receipt must be signed by the authorized representative of the
Bureau and a witness.

What document should be prepared after NOV and Seizure

Receipt were issued?
A Proof of Receipt, attesting to the fact that the offender was issued
an NOV, and a Seizure Receipt, shall be prepared by the authorized
representative of the DA-BFAR, for the signature of the offender.

What if the offender refused to sign the proof of receipt?

If the offender refuses to sign the receipt, such fact shall be
indicated in the document and attested to by the authorized
representative of the Bureau and a witness. (Rule 133.2, IRR of RA
10654)

194 Chapter 7 Administrative Remidies

What is the effect of the issuance of NOV?
A Notice of Violation shall inform the apprehended party of the
offense committed, the imposable penalties for the violation, the fact
that he will be charged administratively before the Adjudication
Committee, and that he may offer a settlement in accordance with
these rules. (Rule 133.3, IRR of RA 10654)

What happen if the offender offer to settle and the offer is

accepted?
The offender will not be administratively charged before the
Adjudication Committee.

What is the effect of issuance of Seizure Receipt?

1. Allows the authorized representatives to seize any fish, fishery
species or aquatic resources illegally caught, taken or gathered on
behalf of the government, for distribution to LGUs, orphanages,
homes for the aged, and similar charitable institutions, as they may
deem appropriate, after the proper documentation necessary for
adjudication and/or litigation purposes have been taken.
2. Allows the authorized representatives to seize on behalf of the
government, regardless of a settlement, the following:
a. fish, fishery species or its products or by-products prohibited
by law to be possessed, transported or traded;
b. fishing equipment, paraphernalia or gears prohibited by law to
be used in fishing;
c. fishing equipment, paraphernalia or gears prohibited by law
to be possessed, transported or traded without the necessary
permit;
d. fish, fishery species, aquatic resources, its products or
by-products, fishing gear, equipment or paraphernalia
abandoned by the offender during the conduct of law
enforcement operations; and
e. other items prohibited by law. (Rule 133.4, IRR of RA 10654)

How are the confiscated items disposed?

1. Turn over living aquatic wildlife to the aquatic wildlife rescue
centers recognized by the DA-BFAR for rehabilitation before
Administrative Remidies

release to the wild;

CHAPTER 7:

2. Turn over dead aquatic wildlife to the nearest DA-BFAR Regional

or Provincial Fisheries Office; and
3. Dispose confiscated gears, paraphernalia and equipment,
in accordance with the guidelines to be promulgated by the
Adjudication Committee. (Rule 133.5, IRR of RA 10654)

MENDING NETS Third Edition 195

Can the DA be stopped from enforcing RA 10654?
No injunction or restraining order from the Municipal Trial Courts
and Regional Trial Courts shall lie against the Department and BFAR
upon the ex parte motion or petition filed by any person or entity in the
exercise by the Department and BFAR of its regulatory functions in
support of the implementation of this Code. (Sec. 134, RA 10654)

Sec. 10, Rule 2, of the Rules of Procedure for Environmental

Cases, provides:
“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 or prevent violations thereof.”

What are the additional sanctions for serious violation of RA

10654?
The Adjudication Committee may impose the following additional
sanctions to the administrative penalties imposed for serious
violations:
1. confiscation of fishing gear;
2. impoundment of fishing vessel;
3. temporary suspension or permanent revocation of license or
permit;
4. temporary or permanent ban from the availment of applicable duty
and tax rebates;
5. inclusion in the IUU fishing vessel list;
6. denial of entry and other port services;
7. blacklisting; and
8. increase in the amount of fines but not to exceed five (5) times the
value of the catch. In case of repeated violations within a five-year
period, the amount of fine may be increased up to eight (8) times
the value of the catch. (Sec. 135, RA 10654)

During the pendency of the administrative or the criminal case,

the Department may impound the vessel/conveyance, gear and other
paraphernalia used in the commission of the offense.

What is the effect of the fines and penalties imposed upon the
properties of the violator?
Fines and penalties imposed pursuant to this Code shall constitute
a lien upon the personal and immovable properties of the violator. (Sec.
136, RA 10654)

What if the offender is a municipal fisherfolk or has no property?

In case the offender is a municipal fisherfolk or has no property over
which the Department may impose the fines and penalties prescribed

196 Chapter 7 Administrative Remidies

for the offense, community service may be rendered in lieu of the fine.
(Sec. 137)

Department of Environment and Natural Resources

The DENR generally has the power to adjudicate cases related to
forestry products and protected areas.
Section 2 of EO 277 (amending Section 68 of PD 705) gives
authority to the DENR Secretary or his duly authorized representatives
(e.g. Community Environment and Natural Resources Officer) to
order the confiscation of any forest products illegally cut, gathered,
removed, possessed or abandoned, and all conveyances used either by
land, water or air in the commission of the offense. The same provision
bestows it the authority to dispose of both products and conveyances in
accordance with pertinent laws, regulations or policies.
DAO 32-97 provides guidelines on the administrative confiscation
of illegal forest products and their conveyances. DAO No. 24 s. 2003
authorizes the administrative confiscation of chainsaws possessed, or
used in the cutting, gathering, collection, removal and/or processing
of timber or forest products without legal documents. The procedure
provided in DAO 32-97 is adopted.
Section 10 of the National Integrated Protected Areas System law
(RA 7586) empowers the DENR Secretary to extract administrative
fees and fines for violations of the guidelines and rules and regulations
of this act that endanger the viability of protected areas.

1. Remedies for violations of forestry laws

Remedies Grounds Legal Bases

Administrative Cutting, gathering, collection, removal and/ or DAO 32-97

confiscation processing of timber or forest products under any
of illegally of the following conditions:
cut, gathered, • Without license or permit
removed or • Necessary documents incomplete
possessed forest • Necessary documents already expired,
products cancelled or containing false information
• Fake license or documents

Administrative • Cutting, gathering, collection, removal and/or

Administrative Remidies

confiscation of processing of timber or forest products using DAO 24 s.

chainsaws a chainsaw without legal documents 2003
CHAPTER 7:

• Possession of chainsaws without legal

documents

Mangroves are considered timber under PD 705.

Seizure is the removal of the illegal forest products from the
possession of the law offenders during apprehension. The items
are temporarily taken into custody while the administrative case is

MENDING NETS Third Edition 197

pending. Confiscation, on the other hand, is the permanent forfeiture
of the seized items in favor of the government.

Who are authorized to seize illegal forest products?

• DENR officials
• Deputized DENR personnel
• Law enforcement agencies
• Private citizens
All the original documents or permits should always be carried by
a person transporting or carrying forest products. The absence of the
necessary documents is enough cause for the apprehension of the person
and for the seizure of the forest products without need of a warrant.

Issuance of a Issued one week from the issuance of the

Notice of Hearing Seizure Receipt

All evidence is brought by the parties before

Hearing the Hearing Officer for consideration. Only
substantial evidence is necessary.

Rendition of The Hearing Officer renders a decision 15 days

Judgment from the start of the hearing.

Must be filed by any aggrieved party within 15

days from his receipt of the decision, otherwise,
Motion for
the decision becomes final. The Hearing Officer
Reconsideration
decides within 15 days of his receipt of the
motion for reconsideration.

Appeal to the Must be filed with 15 days of the aggrieved

DENR Secretary party’s receipt of the denial of the motion for
reconsideration. If the decision of the Secretary
is adverse, the aggrieved party may again file a
motion for reconsideration of the appeal within
15 days from his receipt of the decision.
Appeal to the
Office of the
President The DENR Undersecretary for Legal and
Legislative Affairs issues a Certification containing:
1) the list of the items to be confiscated, and
2) a recommendation to the DENR Secretary to
Execution of Final carry out the confiscation. Once the Certification is
Judgment approved by the DENR Secretary, the confiscated
items are forfeited in favor of the government.

Figure 7.2. DENR procedure for administrative confiscation.

198 Chapter 7 Administrative Remidies

What rules are followed in seizing illegal forest products?
1. The seizure must be due to the commission of an act violating any
forestry-related law and/or its rules and regulations.
2. The seized items must be brought to the nearest Seizure Officer.
If no Seizure Officer is available, the items may be deposited
temporarily at the nearest government office or, if not practical,
taken into custody by the apprehending team or person.
3. Upon receiving the items, the Seizure Officer issues a Seizure
Receipt indicating the date and time of seizure, the name of the
apprehending person, and a list of all the items seized.
4. The Seizure Officer must then determine if there is a prima facie
case against the apprehended person.
A prima facie case exists if evidence shows that the forest
products are illegal.
5. If there is a finding of a prima facie case, the Seizure Officer issues a
seizure order.

Who are the Seizure Officers?

• DENR Regional Executive Director (RED) or, in his absence, the
Regional Technical Director (RTD)
• Provincial Environment and Natural Resources Officer (PENRO)
or, in his absence, any Senior Forest Management Specialist or
Senior Environmental Management Specialist based in the area
where the seizure is conducted
• Community Environment and Natural Resources Officer (CENRO)
or, in his absence, any DENR Forester III or Land Management
Officer III assigned to the area where the seizure is conducted
• Any other person designated by the DENR Secretary
After the administrative hearing, the Hearing Officer must file a
criminal complaint against the offender. (See Chapter 6: Prosecution
for the Rules on Criminal Procedure)

vehicles used in transporting illegal forest products

What happens to the conveyance used in transporting the seized

items while the administrative case is pending?
It may be released subject to the following conditions:
Administrative Remidies

1. The owner of the conveyance submits to DENR his registration papers

CHAPTER 7:

and other supporting documents.

2. He is not one of the accused in the pending administrative case.
3. He has not been previously found guilty of violating a forestry- related
law and/or any of its rules and regulations.
4. Evidence does not show that he had any knowledge or participation in
the transport of the seized products.

MENDING NETS Third Edition 199

 5. He is willing to execute an affidavit stating the following:
a. That he is the legal owner of the said vehicle
b. That he has not been previously found guilty of violating any forestry-
related law and/or its rules and regulations in any administrative or
criminal case
c. The legal purpose for which he intends to use his vehicle while the
administrative case is pending
d. The current market value of the vehicle
e. That he will return the vehicle to DENR for final disposition
6. He is willing to pay a bond equal to 125% of the value of the vehicle.

abandoned illegal forest products

If the illegal forest products have been abandoned, what procedure

is followed?
1. The abandoned forest products are seized and brought to the Seizure
Officer.
2. A Notice of Apprehension is posted on a surface, wall or structure
located near the area where the forest products were abandoned.
3. The Hearing Officer then issues a Notice of Hearing, which is posted
at the barangay hall, municipal hall and DENR Office of the place where
the products are seized. The Notice must be posted three times for
three consecutive weeks.
4. If no person claims ownership, the seized products are then subjected
to the Summary Confiscation Proceeding by the Hearing Officer.

2. Remedies for violations of Protected Area laws

Remedies Grounds Legal Bases

Administrative fines Hunting, destruction, disturbance or RA 7586

and penalties possession of any plant, animal or products
derived from protected areas without a permit

Confiscation and forfeiture of flora, fauna or any other product

derived from protected areas is determined by a regular court.

Environmental Management Bureau

The Environmental Management Bureau (EMB), a line bureau
of the DENR, is specifically authorized to adjudicate cases related
to environmentally critical projects or projects in environmentally
critical areas, and coastal pollution.

200 Chapter 7 Administrative Remidies

 The Environmental Impact Statement (EIS) Law (PD 1586)
gives EMB the authority to impose administrative penalties for
violations of the provisions of EIS laws, and provides the procedure
for the adjudication of such cases. Section 6, Article IX of DAO 96-37
provides the procedures for adjudicating cases of violations of the
Environmental Compliance Certificate (ECC); DAO 30-2003 provides
the remedies available to the aggrieved party.
Section 6 of the Pollution Control Law (PD 984) authorizes EMB
to revoke, suspend or modify any permit issued under this decree
whenever necessary, to prevent or abate pollution after due notice and
hearing. The remedies are provided in Section 8 of PD 984.

1. Remedies for violations of EIS laws

An ECC is the document issued by the DENR Secretary or RED
certifying the following:
• The proposed project or undertaking will not cause a significant
negative environmental impact.
• The proponent has complied with all the requirements of the EIS
System.
• The proponent is committed to the implementation of the approved
Environmental Management Plan (EMP) in its EIS, or mitigation
measures in its Initial Environmental Examination (IEE).

When does the EIS apply to fisheries activities?

All activities or projects that may affect the quality of the
environment must have a detailed EIS (IRR of RA 10654, sec. 12). All
government agencies, private corporations, firms and entities must
prepare an EIS prior to their undertaking of a development activity or
project.

What fisheries activities need an ECC?

• Operation of fishpond
• Operation of Pearl Farm Lease
• Operation of aquaculture activities
• Operation of ancillary activities as defined in RA 10654
• Sea farming
• Shellfish production
Administrative Remidies

• Operation of processing plants

CHAPTER 7:

This list does not exclude other activities that may be determined to
be detrimental to the environment.
DAO 30-2003 provides the legal bases for adjudicating EIS violation
cases.

MENDING NETS Third Edition 201

 Remedies Grounds

Closure of business and imposition of Operating without an ECC

administrative fine
Suspension/cancellation of ECC, closure of Violation of ECC conditions, EMP
business and/or imposition of administrative fine or Rules and Regulations
Suspension/cancellation of ECC and/or Misrepresentations in IEE/EIS or
imposition of administrative fine other documents
Withdrawal of accreditation of Misrepresentations in IEE/EIS or
IEE/EIS preparers other documents

Filing of Complaint or Complaint or Petition must specify

Petition for Cancellation the grounds for cancellation

Technical Conference and Ocular

Notice to the other party
Inspection may be held, or the case
directing him to comment
may be submitted for resolution by a
on the said complaint
Mediation Board

Cease and desist order may be issued

Administrative Investigation
while the case is pending investigation

The decision is based on the

Decision of the EMB investigation report and will be
Director/RED issued 15 days from its receipt

Must be filed within 15 days from

Appeal to the Secretary
receipt of the copy of the decision

Appeal to the Office Must be filed within 15 days from

of the President receipt of the copy of the decision

Decision of the Office of the President may be appealed to the Court of Appeals

Figure 7.3. EMB administrative procedure for ECC violation cases.

Can the operation of the activity in question be stopped while the

case is pending?
Yes, the complainant can request for the issuance of a cease and

202 Chapter 7 Administrative Remidies

desist order (CDO) on the ground that continuing the operation poses
grave and irreparable injury to the environment. Once issued, the CDO
becomes effective immediately.

2. Remedies for violations of pollution laws

Pollution is:
• Any alteration of the physical, chemical and biological properties of
any water, air and/or land resources of the Philippines
• Any discharge of any liquid, gaseous or solid wastes that will or
is likely to create or to render such water, air and land resources
harmful, detrimental or injurious to public health, safety or welfare
• Any discharge of any liquid, gaseous or solid wastes that will
adversely affect the utilization of these resources for domestic,
commercial, industrial, agricultural, recreational or other
legitimate purposes
Section 8 of PD 984 provides the legal bases for adjudicating
pollution cases.

Remedies Grounds

Imposition of fine Violation of or failure to comply with any order,

decision or regulation of the Commission for the
control or abatement of pollution

Closure of the operation of the Failure to pay the fine within the time specified in
establishment until the fine is paid the order or decision

The fine is imposed for every day that the violation or default continues.
“Commission” refers to the National Pollution Control Commission
(NPCC), which is in charge of adjudicating pollution cases at the national
level. The EMB represents the Commission at the regional level.

cease and desist order

Can the EMB issue a CDO while the administrative case is pending?
Yes. The CDO may be issued by the Commission even without a hearing
when, upon investigation, it is shown that the discharged sewage or wastes
are an immediate threat to life, public health, safety or welfare, or to animal or
Administrative Remidies

plant life. A CDO may also be issued if the discharge exceeds the allowable
CHAPTER 7:

standards set by the Commission.

What is the effect and duration of the CDO?

The CDO is immediately executory and remains in force until the
establishment or person prevents or abates the pollution to comply with
the allowable standards, or until the CDO is modified or nullified by a
competent court.

MENDING NETS Third Edition 203

How does EMB enforce its decision in pollution cases?
The EMB issues a writ of execution directing the City or Provincial
Sheriff (or other peace officers it may appoint) to enforce the fine, or
the order of closure or stoppage of operations.
A public hearing is required in promulgating a decision that orders the
discontinuance of discharge of sewage, industrial wastes or other wastes.

Filing of a request for the investigation of the alleged pollution

Positive findings of violations Negative findings of violation

by the Commission by the Commission

Notice of Public Hearing Dismissal of the complaint

Public Hearing

Promulgation of Judgment

Appeal must be filed with 15 days

Appeal to the Court of Appeals

Figure 7.4. EMB administrative procedure for coastal pollution cases.

Philippine Coast Guard

Section 7 of the Marine Pollution Decree (PD 979) authorizes the
Philippine Coast Guard (PCG) to provide in its rules and regulations
reasonable administrative penalties necessary for the effective
implementation of this decree. It also gives the PCG authority to
adjudicate cases of marine pollution in all bodies of water within the
territorial jurisdiction of the Philippines, including ports, coastlines,
lakes, rivers and their tributaries.
Discharges/dumping of oil/wastewater from industries and
manufacturing plants in any body of water of the Philippines are not under
the jurisdiction of the PCG but are instead regulated by the EMB (PD 979).
Marine pollution is the alteration of the physical, chemical and
biological properties of any body of water by discharges of substances
in any form (liquid, gaseous or solid) that is likely to create or render
such waters harmful, detrimental or injurious to public health, marine
life, sea birds, safety and welfare, as well as to domestic, commercial,
industrial, agricultural, recreational or other legitimate uses.

204 Chapter 7 Administrative Remidies

 Coast Guard MC No. 03 s. 1994 provides the legal bases for the
adjudication of cases violating PD 979, including the grounds and
remedies available.

Remedies Grounds

• Administrative fine of P4,000 to P7,000 and/or Discharge or

• Reprimand of person responsible or suspension of his exercise dumping of oil or oily
of the marine profession/license for not more than 6 months. mixture (first offense)

• Administrative fine of not less than P5,000 and not more Discharge or
than P8,000 upon the vessel, oil company/refinery or depot dumping of oil or
owners/ operators, and/or oily mixture (second
• Suspension of the person directly responsible for the spill/ offense)
discharge from the exercise of his marine profession/license
for not less than 6 months and 1 day to a maximum of 1 year.
• Administrative fine of not less than P7,000 and not more Discharge or
than P10,000 upon the vessel, oil company/refinery or depot dumping of oil or oily
owners/ operators, and/or mixture (third offense)
• Revocation or cancellation of license of the person(s) or
officer(s) directly responsible for the spill/discharge

• Administrative fine of P7,000 upon the owner/ operator of Discharge or dumping

vessels, and/or of hazardous or
• Suspension of the officer directly responsible from the noxious substances
exercise of his marine profession for not more than 1 year (first offense)

• Administrative fine of P10,000 upon the owner/operator of Discharge or dumping

vessels, and of hazardous or
• Revocation or cancellation of license of the responsible noxious substances
officer and/or crew member (second offense)

• Administrative fine of not less than P5,000 but not more than Throwing or dumping
P7,000 upon the owner/ operator of vessel or oil company, and of any refuse matter
• Reprimand or suspension of not more than (first offense)
• 6 months of the person/officer directly responsible

• Administrative fine of not less than P6,000 but not more than Throwing or dumping
P8,000 upon the owner/ operator of vessel or oil company, and/or of any refuse matter
• Suspension of not more than 1 year of the responsible (second offense)
officer/person/crew member

• Administrative fine of not less than P8,000 but not more than Throwing or dumping
P10,000 upon the owner/ operator of vessel or oil company, and of any refuse matter
• Revocation or cancellation of license of the person/master or (third and subsequent
Administrative Remidies

officer directly responsible offenses)

CHAPTER 7:

• Administrative fine of P8,000 to P10,000, or Failure of Master/Chief

• Suspension/revocation of license of the Master/Chief Engineer of vessel and
Engineer at the discretion of the PCG Commandant, Salvor who spilled/
depending on the volume of the spill discharged oil or oily
wastes, noxious gases
or harmful substances
to notify PCG of
incident

MENDING NETS Third Edition 205

 Filing of a sworn complaint Must be served at least 5 days before the
or Inspection/Apprehension hearing. An Inspection/Apprehension Report
Report or Marine Protest is considered sufficient notice of hearing.

Notice of Hearing

Conduct of Hearing/Investigation

Decision/Judgment

Appeal to the Commandant

Figure 7.5. PCG administrative procedure

Where must the complaint be filed?

The sworn complaint must be filed before the Investigation and
Adjudication Officer of PCG.

What remedy is available if the decision is adverse?

In case of an adverse decision, a Notice of Appeal can be filed with
the PCG Commandant within 30 days. A Notice of Appeal must specify
and designate the judgment or decision or the part of it that is appealed.

Office of the Ombudsman

Section 15 of RA 6770 gives the Office of the Ombudsman the
authority to investigate and prosecute any act or omission of any public
officer or employee, office or agency when the act or omission appears
to be illegal, unjust, improper or inefficient.

Who is subject to adjudication by the Ombudsman?

The Office of the Ombudsman is given disciplinary authority over all
elective and appointive officials of the government and its subdivisions,
instrumentalities and agencies. These include members of the Cabinet,
local governments, government-owned or -controlled corporations,
and their subsidiaries.
The Office of the Ombudsman has no disciplinary authority over
officials who may be removed only by impeachment, and over members
of Congress and the Judiciary.

206 Chapter 7 Administrative Remidies

 liabilities for marine pollution

What other liabilities does the offender have in marine pollution

cases?
• In the event that other agencies/entities assist in the clean- up, the spiller
must pay for the corresponding cost spent in the clean-up operation as
determined by the PCG, or
• The parties responsible may conduct clean-up operations using their
personnel and resources as necessary until the clean-up is complete.

What measures will ensure the offender’s compliance with these

other liabilities?
The PCG Station Commander may require a cash bond to cover clean-
up and containment costs as follows:

Type of Discharge Cash Bond (P)

Minor discharge 100,000-500,000
Medium discharge 501,000-1,000,000
Major discharge 1,001,001-5,000,000

In case of damage to properties and persons, can the offender be

required to post a cash bond to ensure payment of damages?
Yes. The amount is as follows:

Estimated Cost of Damage Cash Bond (P)

P10,000 to P50,000 P1,000
P51,000 to P1,000,000 P10,000
P1,001,001 or more P20,000

In case of non-payment of fines and other monetary obligations, the

subject vessel’s clearance for departure from any port of the Philippines may
be withheld until appropriate measures are taken.

What are the tasks of the Environmental Ombudsman?

The office of the environmental ombudsman shall have the
following tasks:
Administrative Remidies

• To evaluate formal complaints relating to violation of

CHAPTER 7:

environmental laws.
• To conduct preliminary investigation and/or administrative
adjudication on these complaints, or endorse them to the
appropriate office.
• With prior leave of the Ombudsman or his deputy, and subject
to the control and supervision of the appropriate authority, to

MENDING NETS Third Edition 207

 prosecute complaints against public officials and employees for
failure to properly implement or enforce environmental laws.

What are the grounds for administrative complaints?

Administrative complaints can be filed against acts or omissions
committed by any of the above-mentioned public officials that:
• are contrary to law or regulation
• are unreasonable, unfair, oppressive or discriminatory
• are inconsistent with the general course of an agency’s functions,
though in accordance with the law
• proceed from a mistake of law or an arbitrary ascertainment of facts
• are in the exercise of discretionary powers but for an improper
purpose
• are otherwise irregular, immoral or devoid of justification.
Public officials who obstruct the implementation of RA 10654
may be charged on any of these grounds. Criminal cases may also be
filed against them. Aside from their criminal liability as law offenders,
public officials directly violating the provisions of RA 10654 are also
administratively liable under the first ground cited above.

Who can initiate an administrative case before the Ombudsman?

• Any person, by filing a written complaint under oath accompanied
by affidavits of witnesses and other evidence in support of the
charge
• The Ombudsman, by filing case on its own initiative, or on the basis
of a criminal complaint, a grievance complaint or a request for
assistance

When may the complaint be dismissed?

The following are the possible grounds for the dismissal of a
complaint:
• The complainant has an adequate remedy in another judicial or
quasi-judicial body
• The complaint pertains to a matter outside the jurisdiction of the
Office of the Ombudsman
• The complaint is trivial, frivolous, vexatious or made in bad faith
• The complainant has no sufficient personal interest in the subject
matter of the grievance
• The complaint was filed one year after the occurrence of the act or
omission complained of.

Is failure of either party to appear at the hearing a ground for the

dismissal of the complaint?
No, but the party present will be allowed to present his evidence
even in the absence of the adverse party, who is duly notified.

208 Chapter 7 Administrative Remidies

 Filing of a written complaint

Notice to the Respondent requiring Dismissal of the complaint

him to file a Counter-Affidavit and based on Section 20 of
other evidence on his behalf RA 6770

Within 10 days

Filing of the Respondent of his

Counter-Affidavit and evidence

Within 10 days

Filing of the Complainant of a

Reply-Affidavit

Dismissal of the complaint if

no sufficient cause warrants
further proceedings

Preliminary Conference
Submission of the case for
resolution on the basis of all
evidence on record

Formal Investigation

Judgment

Within 10 days

Motion for reconsideration/

investigation

Within 10 days

Appeal to the Sandiganbayan

Figure 7.6. Ombudsman administrative procedure.

Administrative Remidies
CHAPTER 7:

Who is allowed to testify before the Ombudsman?

Only a witness who submits his affidavit that has been served to the
adverse party at least 5 days before he is presented as a witness may be
allowed to testify at the hearing.

What is the privilege of a witness before the Ombudsman?

Any person whose testimony or production of evidence is necessary

MENDING NETS Third Edition 209

to determine the truth in an inquiry, hearing or proceeding may be
granted immunity from criminal prosecution.

Can a person subpoenaed by the Ombudsman refuse to testify?

No, but he will be granted immunity from prosecution for any
incriminating matter arising from his testimony.

Can the Ombudsman suspend the official under investigation

while the case is pending?
Yes. The Ombudsman can preventively suspend any officer or
employee under his authority pending an investigation, if in his
judgment the evidence of guilt is strong and:
• the charge against such officer or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of
duty
• the charge would warrant removal from the service, or
• the respondent’s continued stay in office may prejudice the case
filed against him.

Is the decision of the Ombudsman final?

The decision of the Ombudsman is not final and can be appealed to
the Sandiganbayan, except when the decision:
• absolves the respondent from the charges
• imposes the penalty of reprimand or public censure
• imposes the penalty of suspension of not more than one month
• imposes the penalty of a fine equivalent to not more than one
month’s salary
The decision can no longer be appealed if 10 days have elapsed since
the parties’ receipt of the decision.

What are the grounds for filing a Motion for Reconsideration?

• New evidence has been discovered that materially affects the order,
directive or decision
• Irregularities or errors of fact or law have been committed that are
prejudicial to the interest of the movant

Local Government Units

The Local Government Code (RA 7160) and RA 10654 give LGUs the
authority to manage, develop, conserve, protect, utilize and dispose of
all fish and fishery/aquatic resources within their respective municipal
waters.

210 Chapter 7 Administrative Remidies

Where does the LGU derive its administrative authority to
adjudicate cases?
Even though there is no direct provision that gives the LGU this
power, it is nevertheless implied in RA 10654 as a necessary function
for the effective management of the fishery resources found in its
municipal waters.
RA 7160 also gives the LGU the power to enact administrative
rules as its incidental and implied power. When an ordinance is
passed, the LGU may provide administrative details for its effective
implementation (Nolledo, 1992). Furthermore, statutes conferring
powers on administrative agencies should be liberally construed to
enable the agencies to fulfill their assigned duties in accordance with
the intention of the law (Solid Homes, Inc. v. Payawal, 177 SCRA 72).

How can the LGU exercise its power to adjudicate?

An ordinance must be passed by the Sangguniang Bayan authorizing
the administrative adjudication of cases arising from violations of its
ordinances. The following are the minimum requirements for valid
adjudication:
1. There must be a valid ordinance. For an ordinance to be valid, it
must:
• be within the authority of LGU
• be in consonance with the Constitution
• be reasonable and not arbitrary
• provide for the imposition of penalties for violations
• fix or define such penalties
• be posted and published, as required under Article 114 of the
LGC.
2. The ordinance must authorize the adjudication of the cases by
the LGU’s executive branch, or by another body created for that
purpose.
3. The LGU must still have jurisdiction over the case, i.e. it has not yet
been filed in the regular court.
4. The accused must be afforded due process as provided in Ang Tibay
v. CA and Air Manila Inc. v. Balatbat. (See Rights of the Parties in
Administrative Cases)
The procedure governing the adjudication of cases by the LGU
Administrative Remidies

is dependent on the provisions of the ordinance, provided that the

CHAPTER 7:

minimum requirements specified in Air Manila Inc. v. Balatbat are

followed.

MENDING NETS Third Edition 211

 compromise agreements

Entering into compromise agreements or imposing administrative

fines without meeting the minimum requirements for adjudication is unlawful.
It is without valid authority from the Sangguniang Bayan and violates the
right of the accused to due process. Officials who enter into compromise
agreements without valid authority or without affording the accused due
process may be sued for direct bribery, violation of the Anti-Graft and
Corrupt Practices Act (RA 6713), and violation of the Code of Conduct and
Ethical Standards for Public Officials and Employees (RA 3019).
Also, it must be remembered that administrative adjudication is
essentially a procedure in coastal law enforcement, and therefore has two
primary objectives: the protection of coastal resources, and the effective
deterrence of coastal law violators. These two objectives must be the main
consideration in determining the penalties to be imposed.

The Municipality
Section 16 of RA 10654 gives jurisdiction to the municipal/
city government over municipal waters, and authorizes it to enact
appropriate ordinances for this purpose in coordination with the
FARMC. (See Responsibilities and Rights of LGUs in Municipal Waters
in Annex 3: Mandates in Coastal Law Implementation).

Remedies Grounds

Imposition of fines and confiscation of fishing Depends on the conditions

vessel, its appurtenances and gear specified in the ordinance
Cancellation of Permit to Operate Commercial Violations of any existing
Fishing within Municipal Waters fishery laws, decrees, letters of
instruction, or implementing rules
and regulations (implied from RA
10654, sec. 18)
Cancellation of registration in Municipal Depends on the conditions
Fisherfolk Registry specified in the ordinance
Cancellation of Pearl Farm Lease Depends on the conditions
specified in the ordinance
Cancellation of privileges in special demarcated Depends on the conditions
areas specified in the ordinance
Cancellation of Permit to Engage in Depends on the conditions
Mariculture or Fish Farming specified in the ordinance
Cancellation of other special permits as Depends on the conditions
specified in the ordinance specified in the ordinance

Cancellation of accreditation of non- government Depends on the conditions

organization, people’s organization or cooperative specified in the ordinance

212 Chapter 7 Administrative Remidies

The Province
Sections 42 and 45 of Chapter VII of The Philippine Mining Act of
1995 (RA 7942) gives the Provincial Governor the authority to issue
and cancel quarry permits, provided that before the cancellation of the
permit, the permit holder is given the opportunity to be heard in an
investigation conducted for the purpose.
The governor’s authority covers only quarry operations with a
maximum area of 5 ha. Sand and gravel extraction falls under his
authority.

Remedies Grounds

Cancellation of small-scale quarry permit • Violation of the Terms and

Conditions of permit
• Violation of the provisions of RA
7942
• Violation of the Rules and
Regulations of RA 7942

Administrative Remidies
CHAPTER 7:

MENDING NETS Third Edition 213

ANNEX 1
Preservation of Evidence

C
rucial to the conviction of law offenders is the credibility and
integrity of evidence presented to the court. This section
offers guidelines and tips on how evidence gathered during
the arrest is best preserved. Specifically, it deals with three
types of evidence: fish and water samples, photos, and affidavits.

FISH AND WATER SAMPLES

All samples of fish and shellfish (in the case of fishkills due to
environmental pollution) must be at least 100 g in weight, and number
3 to 5 pieces for big fish or 10 to 20 pieces for small fish or fingerlings.
The water sample, preservation method, and analysis will depend on
whether the fish was killed due to:

Size of Preservation
Laboratory Inspecting
water method before
Analysis Authority
sample analysis

1. Use of None Frozen or packed Dissection and Licensed

Explosives in ice observation fish
inspector
2. Use of One liter of Packed in Cyanide testing Cyanide
Noxious water from polyethylene plastic; Detection
Substances scene of frozen or placed in a Laboratory
offense closed container or at BFAR
bottle with ice, ethyl or other
alcohol or absolute government
alcohol (formalin crime/
must never be hospital
used); any container laboratory
as long as water
sample is analyzed
within 4 hours

3. Aquatic Half-liter of Stored on ice, not Heavy metals BFAR or

Pollution water or any frozen or pesticides EMB
liquid (depending
sample from on suspected
various cause), BOD,
sampling dissolved oxygen,
sites pH, salinity,
temperature
(preferably on-
site)

MENDING NETS Third Edition 217

 Samples should be brought ASAP to the laboratory to preserve the
composition of the sample. The sample may be analyzed at any hospital
or agency with an appropriately equipped laboratory, such as the
BFAR, EMB, PNP or NBI.

PHOTOS
Photos are generally helpful to corroborate evidence of fishery
violations, especially when the evidence to be presented is perishable.
The following should especially be documented through photos:
• Fishery products seized, with proper identification visible
• Orderly conduct of the arrest, search or seizure to help negate
allegations of planting of evidence
• Net with ruler indicating size
After the apprehension, secure the negatives and make duplicates.

JUDICIAL-AFFIDAVIT
Case congestion and delays plague most courts in cities,
given the huge volume of cases filed each year and the slow and
cumbersome adversarial system that the judiciary has in place.
About 40% of criminal cases are dismissed annually owing to
the fact that complainants simply give up coming to court after
repeated postponements. Few foreign businessmen make long-term
investments in the Philippines because its courts are unable to provide
ample and speedy protection to their investments, keeping its people
poor.
In order to reduce the time needed for completing the testimonies
of witnesses in cases under litigation, on 21 February 2012 the
Supreme Court approved for piloting by trial courts in Quezon
City the compulsory use of judicial affidavits in place of the direct
testimonies of witnesses. It is reported that such piloting has quickly
resulted in reducing by about two-thirds the time used for presenting
the testimonies of witnesses, thus speeding up the hearing and
adjudication of cases.
On September 4, 2012, the Supreme Court issued A.M. No. 12-8-
8-SC, approving the Judicial-Affidavit Rule which is intended to
expedite court proceedings.

What type of cases is the rule applicable?

The Rule may apply to criminal cases in three situations, as follows:
(1) The maximum of the imposable penalty does not exceed six
years; (2) regardless of the penalty involved, with respect to the
civil aspect of the actions, or where the accused agrees to the use
of the Rule.

What are the required contents of a Judicial-Affidavit under the

218 Annex 1 Preservation of Evidence

Judicial-Affidavit Rule?
The judicial affidavit shall contain the following:
1. The name, age, residence or business address, and occupation of
the witness;
2. The name and address of the lawyer who conducts or supervises
the examination of the witness and the place where the
examination is being held;
3. A statement that the witness is answering the questions asked of
him, fully conscious that he does so under oath, and that he may
face criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(i) Show the circumstances under which the witness acquired the
facts upon which he testifies;
(ii) Elicit from him those facts which are relevant to the issues that
the case presents; and
(iii) Identify the attached documentary and object evidence and
establish their authenticity in accordance with the Rules of
Court;
5. The signature of the witness over his printed name;
6. A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.
7. Attestation of the lawyer.

What language should be used in the affidavit?

A judicial affidavit shall be prepared in the language known to the
witness and, if not in English or Filipino, accompanied by a translation
in English or Filipino.

How should the party presenting the witness identify and mark
documentary evidence?
The parties’ documentary or object evidence, if any, which shall be
attached to the judicial affidavits and marked as Exhibits A, B, C, and so
on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3,
and so on in the case of the respondent or the defendant.

How can the party or witness keep the original of the

documentary or object evidence?
The Rule provides for the following procedure:
1. Attach the document or evidence to the judicial affidavit of
the witness/es. This must be done obviously before the pre-trial
conference or the hearing. This is done by attaching the photocopy
of the document, or the reproduction or photograph of the object
evidence. The Rule provides that should a party or a witness desire
to keep the original document or object evidence in his possession,

MENDING NETS Third Edition 219

 he may, after the same has been identified, marked as exhibit,
and authenticated, warrant in his judicial affidavit that the copy
or reproduction attached to such affidavit is a faithful copy or
reproduction of that original.
2. Bring the original during the pre-trial or preliminary
conference. This is required under pre-trial rules, so the
document may be preliminarily marked as evidence and compared
with the original, if needed. The Rule provides that the party or
witness shall bring the original document or object evidence for
comparison during the preliminary conference with the attached
copy, reproduction, or pictures, failing which the latter shall not be
admitted. As provided under pre-trial rules and reiterated in the
Rule, evidence not pre-marked shall not be admissible as evidence.

How is the formal offer of documentary or object evidence be

made?
The formal offer is made orally in open court, which shows an
obvious intent to do away with the option of filing a written formal offer
of evidence allowed under existing rules. A party shall immediately
make an oral offer of evidence of his documentary or object exhibits,
piece by piece, in their chronological order, stating the purpose or
purposes for which he offers the particular exhibit.
After each piece of exhibit is offered, the adverse party shall state
the legal ground for his objection, if any, to its admission, and the court
shall immediately make its ruling respecting that exhibit.

What are the effects of non-compliance with the Judicial-

Affidavit Rule?
There are different consequences in case of: (1) failure to file
the judicial affidavit; (1) failure to comply with the prescribed
requirements; or (3) absence during the scheduled trial date.
1. Failure to file judicial affidavit
A party who fails to submit the required judicial affidavits and
exhibits on time shall be deemed to have waived their submission.
The Rule allows for an exception, provided the following
requirements are present:
a. It must be with leave of court. The court has the discretion
whether to allow it.
b. The delay must be for a valid reason.
c. It would not unduly prejudice the opposing party.
d. The defaulting party pays a fine of not less than P1,000.00 nor
more than P5,000.00, at the discretion of the court.
e. It is availed only once.

220 Annex 1 Preservation of Evidence

 2. Failure to comply with required contents
The court shall not admit as evidence judicial affidavits
that do not conform to the content requirements of Section 3
and the attestation requirement of Section 4 above. The court
may, however, allow only once the subsequent submission of
the compliant replacement affidavits before the hearing or trial
provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or
private counsel responsible for their preparation and submission
pays a fine of not less than Pl,000.00 nor more than P5,000.00, at
the discretion of the court.

3. Absence during the scheduled trial date

The court shall not consider the affidavit of any witness who
fails to appear at the scheduled hearing of the case as required.
Counsel who fails to appear without valid cause despite notice shall
be deemed to have waived his client’s right to confront by cross-
examination the witnesses there present.

Judicial Affidavits of arrest, search and seizure should be prepared

as soon as possible. The longer the time elapsed between apprehension
and preparation of judicial affidavits, the less reliable the affidavits
become. (See Annex 2: Forms)

The following are points to remember when preparing affidavits:

• Always include the Who, What, When, Where, Why and How.
• Be brief and direct to the point, but do not sacrifice accuracy for
brevity.
• If someone else is preparing the affidavit for the affiant, the
interviewer should ask probing questions. The affiant might not
realize that he or she knows facts which are relevant to the case.
• Write the facts in chronological order. Start from the events leading
to the arrest.
• Conclusions of law should be avoided. Stick to the facts as they
were observed or seen during the proceedings, and give detailed
descriptions.
e.g. instead of stating “Caught with a fine mesh net”, state the actual
size of the net.
• Match the facts with the elements of the offense committed. (See
Chapter 2: Prohibited Acts & Penalties).
• State the name of the accused and his address. If not known, give a
substantial description.
• Ascertaining the place of the commission of the crime is important
to determine which court has jurisdiction.
• The exact location of the vessel should be stated in cases of offenses

MENDING NETS Third Edition 221

 committed within municipal waters. (See prohibitions Based on
Location of Fishery Activity in Chapter 5: Evidence)
e.g. instead of stating “fishing inside municipal waters”, the specific
geographic location or landmark should be described. This is also
done to avoid making a conclusion of law.
• If someone else is preparing the affidavit for the affiant, the
interviewer should explain the content again to the affiant before
having the affidavit notarized.
• Affidavits must be notarized by a private lawyer, a prosecutor or a
judge.

222 Annex 1 Preservation of Evidence

ANNEX 2
Forms

T
his annex contains sample forms that are necessary or may be
helpful in the course of prosecution.
Words enclosed in brackets and italicized describe the
information that must be supplied on the form. These words
should be excluded from the actual form.

MENDING NETS Third Edition 225

A. Legal Forms (Initiatory Pleadings and Affidavits)
1. Complaint for Preliminary Investigation

Republic of the Philippines

OFFICE OF THE PROVINCIAL PROSECUTOR
Department of Justice
Province of Cebu

_[Complainant/Arresting Officer]_, I.S. No. ____________________

Plaintiff, FOR: Violation of Section 92 of RA 10654
(Fishing With the Use of Explosives,
– versus – Noxious or Poisonous Substance, and/or
Electricity)

_______[Name of Accused]______ ,
Accused
X - - - - - - - —— - - - - ————————/

COMPLAINT

The undersigned accuses:

1. ___[name]________, of legal age, and a resident of ____[address]_______ and

2. ___[name]________, of legal age, and a resident of ____[address]_______

of violating Section 92 of RA 10654 known as Fishing through Explosives, Noxious or

Poisonous Substance and/or Electricity committed as follows:

That on or about ________[date]_________, at around _______[time]_______ in the

waters of ______[place of commission]______, the afore-named accused deliberately and
intentionally did there and then used cyanide, a poisonous substance in catching fish.

This complaint is supported by the following:

a) Joint affidavit of the arresting officers

a-1) _________________________
a-2) _________________________;
b) ______ Plastic bottles (blue and black) of liquefied cyanide;
c) Receipt of ____ kilo of assorted small fish identified as ________ and others;
d) ______ unit/s of paddle boat;
e) ______ of mesh nets estimated at _____ length each;
f) BFAR scientific/laboratory examination results;
g) Letter of request to Director _____________ for availability of Fish Examiners.

CONTRARY TO LAW.
Cebu City, Philippines. September 25, 2003.

__[Complainant/Arresting Officer]__
Complainant/Arresting Officer

An investigation was conducted by the undersigned on this particular case under

my supervision, having examined the witnesses, depositions and other evidence. The
complainant reserved his/her rights to adduce additional evidence as circumstances warrant.

Investigated by: APPROVED:

___________________________ ____________________________
(Signature over Printed Name) (Signature over Printed Name)
Station Chief

226 Annex 2 Forms

2. Complaint for Cases under MTC, MCTC, MeTC

Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT
Loay-Albur-Baclayon
Province of Bohol

PEOPLE OF THE PHILIPPINES I.S. No. ____________________

Plaintiff, FOR: Violation of Section 3 of Municipal
Ordinance No. 12 known as Fishing with the
– versus – Use of Fine-mesh Nets in Municipal Waters

[NAME OF ACCUSED] ,
Accused
X - - - - - - - —— - - - - ————————/

COMPLAINT

The undersigned accuse:

1. ___[name]________, of legal age, and a resident of ____[address]_______ and

2. ___[name]________, of legal age, and a resident of ____[address]_______

of violating Section 3 of Municipal Ordinance No. 12 known as Fishing with the Use of
Fine-Mesh Nets in Municipal Waters committed as follows:

That on or about _____[date]______, at around ____[time]______, the said accused

deliberately, intentionally and unlawfully did there and then used FINE-MESH NETS in
catching small and immature fishes within the municipal waters of [place of commission] .

This complaint is supported by the following:

a) Joint affidavit of the arresting officers

a-1) _________________________
a-2) _________________________;
b) ______ unit/s of paddle boat;
c) ________ of mesh nets estimated at ______ length each;
d) BFAR certification;
e) Receipt of distributed confiscated fish;
f) Letter of request to Director _____________ for availability of Fish Examiners.

CONTRARY TO LAW.
_______________________ PNP-[branch], ______________, 20___.
Complainant

_______________________ PNP-[branch], ______________, 20___.

Complainant

SUBSCRIBED AND SWORN TO BEFORE me this day of ,

20 , at _____________________, Philippines, by _____________________ and
_______________________. I hereby certify that I have personally examined the herein
affiants and I am convinced and satisfied that they freely and voluntarily executed the
foregoing complaint and that they understood the contents thereof, the same being within
their personal knowledge.

MENDING NETS Third Edition 227

3. Joint Judicial Affidavit of Witnesses

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ________ )
MUNICIPALITY OF _________ )S.s.

JOINT JUDICIAL AFFIDAVIT

This Joint Judicial Affidavit of, __[name of apprehending officer]__, and __[name of
apprehending officer]__, of the [name of apprehending team], is taken before [name of
lawyer who conducted the examination of the witnesses], at his/her office address at [place
where the examination is being held]. The said witnesses are answering the questions
asked of them, fully conscious that they so under oath and that they may face criminal liability
for false testimony or perjury.

1. QUESTION [Q.] Please state your name, age, occupation, and address?
ANSWER [A.] We, [name of apprehending officer]__, and __[name of apprehending
officer]__, are of legal age, [occupation and occupation], respectively, and with office
address at [state the address].
2. Q. Where is your present assignment, if any?
A. We are presently assigned with the [name of apprehending team] whose office is
located at _______[address]_______;
3. Q. What are your tasks, if any?
A. As member of [name of apprehending team], we are tasked, among others to
guard and keep watch over the fishery and aquatic resources within our area of jurisdiction,
as well as, to apprehend violators of the pertinent provisions of fishery laws;
4. Q. Where were you at around [time] H on or about [date] , 20__?
A. That around [time] H on or about [date] , 20 , while we were on
a seaborne patrol in the vicinity of the seawater of [place of commission] , about
meters from the shore, we spotted several fishermen in a fishing boat, some ten (10) meters
away from where we were, who had in their possession and control bottles containing a
substance which appeared to be cyanide, a poisonous substance;
5. Q. What did you do if any after you spotted several fishermen having in possession
and control bottles containing poisonous substance?
A. We immediately rushed to their position and saw dead fish floating around their boat;
6. Q. After you saw dead fish floating around their boat, what did you do, if any?
A. We plotted their position in a map.
7. Q. Showing to you an original copy of a map with a plot of the position which will
be marked as Annex “A”, is this the one you are referring to?
A. Yes.
8. Q. What else did you see if any?
A. We also saw 10 “banyeras” of fish, more or less, inside the fishing boat of herein
accused.
9. Q. After you saw 10 “banyeras” of fish, more or less, inside the fishing boat, what
did your group do, if any?
A. We identified ourselves as members of the [name of apprehending team] and
effected arrest on the fishermen.
10. Q. What did you do if any with the 10 ”banyeras” inside the fishing boat?
A. We recovered and seized from the fishermen the 10 banyeras of fish and the
following articles which they intended to use in fishing as well as bottles which contain
traces of used up cyanide, as follows:
a) _____________
b) _____________
c) _____________

228 Annex 2 Forms

 11. Q. After seizing the 10 banyeras of fish and the above-said articles, what did you
do, if any?
A. We informed the arrested fishermen of their constitutional rights and in the
investigation that followed, they gave their names and addresses, to wit:
Name __________________ Name_______________________
Age _____ Age ______
Status__________________ Status_______________________
Address _______________________ Address ______________________
12. Q. Do you affirm and confirm the truth and veracity of your joint judicial affidavit?
A. Yes.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this ____ day of
_____________, 20___ in _____________, Philippines.

_______________________ _______________________
Affiant Affiant
Type of ID#.________________ Type of ID#. ___________________
Valid until __________________ Valid until __________________

SUBSCRIBED AND SWORN TO BEFORE me this day of ,

20 , at _[city or municipality, province]_, Philippines, affiants exhibited to me their
respective competent evidence of identity as above-indicated and I hereby certify that I have
personally examined the herein affiants and I am convinced that they freely and voluntarily
executed the foregoing affidavit.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of _____.

-SWORN ATTESTATION-

I hereby attest that I faithfully recorded the questions I asked and the corresponding
answers that the witness gave and neither me nor any other person then present or assisting
them coached the witness regarding the latter’s answers.

[Name of the Lawyer who conducted the examination]

SUBSCRIBED AND SWORN TO, BEFORE ME this ______________, at

______________, Philippines, affiant exhibited to me his competent evidence of identity as
above-indicated.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of ____.

[See Annex 1: Preservation of Evidence for more tips on preparing affidavits.]

MENDING NETS Third Edition 229

4. Application for a Search Warrant

Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch ____
Cebu City

PEOPLE OF THE PHILIPPINES SEARCH WARRANT NO. ________

Plaintiff, FOR: POSSESSION OF CORALS

– versus –

[NAME OF ACCUSED] ,
of [address of the accused]
Accused
X - - - - - - - —— - - - - ————————/

APPLICATION FOR A SEARCH WARRANT

COMES NOW, the undersigned applicant and unto this Honorable Court respectfully
alleges THAT:

1. He is presently the ____[ position]____ of ____________ Police Office,

____[address]____;
2. The applicant has been duly informed and verily believes that subject person
at above premises are in possession and control of properties subject of the
offense, or used or intended to be used as the means of committing an offense
and stolen or embezzled and other proceeds or fruits of the offense;
3. That the undersigned has verified the report and found it to be true and in fact
has the reasons/knowledge to believe that a search warrant should be issued to
enable the undersigned to take possession and bring to the court the following
[describe the properties]:

: Corals

THEREFORE, the undersigned prays to this Honorable Court to issue a search

warrant commanding any Peace Officer to search the premises described in this application,
and to seize and bring to this Honorable Court the personal property/properties above-
described to be dealt with as the law directs.
Cebu City, Philippines.

_______[name of officer]______
-Applicant-

SUBSCRIBED AND SWORN to before me this th day of August 2 , at

Cebu City, Philippines.

[name of judge]
PRESIDING JUDGE
RTC BR. ____
CEBU CITY

230 Annex 2 Forms

B. Forms Used in Arrests
1. Warrant of Arrest

Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch ____
Cebu City

PEOPLE OF THE PHILIPPINES, CRM. CASE No. ___________

CBU- Plaintiff,
– versus –
[NAME OF ACCUSED] ,
Accused
X - - - - - - - —— - - - - ————————/

WARRANT OF ARREST

TO: ANY OFFICER OF THE LAW:

THRU: ____________________
____________________

YOU ARE HEREBY COMMANDED TO ARREST [name of person to be arrested]

who is/ are said to be found at [address of person to be arrested] and who has been
charged before me with the offense of [offense charged] and deliver him to the nearest
Police for bail if applicable.
YOU ARE HEREBY DIRECTED TO SERVE THIS WARRANT OF ARREST within ten (10)
days from receipt hereof and within ten (10) days after expiration of period, you shall make a report to
the undersigned issuing judge and in case of failure to execute the same state the reason therefore.
FOR the purpose of this warrant, an arrest may be made on any day and any time of
the day or night.
THE BAIL for the release of the accused in this case is fixed at P
which may be furnished either in;
1. Cash bond - by the accused or any person acting in his/her behalf by depositing in cash
with the nearest collecting or internal revenue or Provincial/City or Municipal Treasurer
the said amount and subscribing a written undertaking showing compliance with the
requirements of Section 24, Rule 114 of the 1983 Rules of Criminal Procedure or
2. Property bond - a written undertaking constituting as lien on the real property described
therein, given as security for the amount of bail subscribed jointly by the accused and by
one or more sureties who shall justify by affidavit taken before the JUDGE that he/she
posses the qualification and certificate of title if the land is registered shall be attached or
3. Corporate surety bond - a written undertaking of any corporation, licensed and
currently authorized to act as surety showing compliance with the equirements of
the afore- cited Section 2, Rule 114 of the Rules subscribed jointly by the accused
and by the officer fully authorized by its board of directors.
IN ALL KINDS OF BONDS, the full name and address of the accused shall be stated,
and passport-size photograph recently taken should be attached showing the FACE, LEFT
and RIGHT profiles of the accused.
The BOND may be filed with this Court or with Regional Trial Court of the Province
or City where the accused is held in the absence of the Regional Trial Judge or Municipal
Circuit Trial Judge of said place may accept the bail bond. The judge accepting/approving
the bail bond shall order the release of the accused and to forward the release paper
together with the original and two copies of the bail bond to the Court.

Cebu City, Philippines,_____________________________________, 2017.

_________________________
Judge

RECEIVED ORIGINAL & COPIES FOR SERVICE BY:

____________________________

MENDING NETS Third Edition 231

2. Apprehension Report

APPREHENSION REPORT

At about ______H ______ 20___, the undersigned received information that more
or less ________ person(s) aboard _______ pump boat(s) were at the sea of __[place of
commission]__, __[location]__ who are fishing with the use of dynamite. Elements of this
station led by __[name of apprehending officer]__, PNP, and members of __[name of
apprehending team]__ namely:
[name of member], [name of member], [name of member], and
[name of member], immediately proceeded to the area.

Upon seeing the following persons:

[name of person apprehended],
[name of person apprehended],
[name of person apprehended], and
[name of person apprehended], actually fishing with the use of explosives, we immediately
apprehended them and informed them of their constitutional rights;

They are all of legal age, Filipinos and residents of , .

Thus, the following were confiscated:

1) ___________________________________
2) ___________________________________
3) ___________________________________

That the apprehended above-named persons were brought to the police station for
booking, fingerprinting, photograph and investigation purposes.

A field test on the said fish showed that they were caught through blast or explosion.
Copy of the FIELD TEST REPORT is attached hereto.

The said apprehended persons are now detained in this station.

____th day of _________, 20___ at ____________________, Philippines.

___________________________
Police Superintendent, PNP
Chief of Police

[The report must indicate that the apprehension was made in a regular, orderly manner.]

232 Annex 2 Forms

3. Booking Sheet and Arrest Report

_______________________
(Date)

BOOKING SHEET AND ARREST REPORT

NAME: ____________________________________________________ FILE NO. __________

(Last Name) (First Name) (Middle)
ADDRESS: ____________________________TIME/DATE BOOKED ___________________
PLACE AND DATE OF BIRTH: __________________________________________________
NATIONALITY: _________________ SEX: _________ MARITAL STATUS: ______________
OCCUPATION: ______________________ EDUCATION: ____________________________
COMPLEXION: _________________ SCARS AND MARKS: __________________________
OTHER IDENTIFYING CHARACTERISTICS: ______________________________________
NAME AND ADDRESS OF NEAREST RELATIVE: ___________________________________
______________________________________________________________________________
OFFENSE/VIOLATION: _________________________________________________________
ARRESTED BY: ______________________________________ UNIT: ____________________
______________________________________________________________________________
WHERE: ________________________________ TIME AND DATE: ______________________
FACTS KNOWN TO ARRESTING OFFICER: _______________________________________
______________________________________________________________________________
______________________________________________________________________________

SIGNATURE OF
PERSON ARRESTED: ______________________

ARRESTING OFFICER: _____________________

RIGHT-HAND FINGERPRINTS
1. THUMB 2. INDEX 3. MIDDLE 4. RING 5. LITTLE

LEFT-HAND FINGERPRINTS
1. THUMB 2. INDEX 3. MIDDLE 4. RING 5. LITTLE

TAKEN BY: ____________________________

TIME: _____________ DATE: _____________

___________________________
(SIGNATURE OF SUBJECT)

MENDING NETS Third Edition 233

 PLAIN FINGER IMPRESSION TAKEN SIMULTANEOUSLY

LEFT-HAND RIGHT-HAND

(Attach picture when possible)

234 Annex 2 Forms

C. Forms Used in Searches
1. Search Warrant

Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch ____
Cebu City

PEOPLE OF THE PHILIPPINES, SEARCH WARRANT No. _____________

Plaintiff/s, FOR: POSSESSION OF CORALS
– versus –
[NAME OF ACCUSED] ,
Resident of [address of accused]
Accused
X - - - - - - - —— - - - - ————————/

SEARCH WARRANT

TO ANY OFFICER OF THE LAW:

GREETINGS:

It appears to the undersigned, after examination under oath of the applicant [name of
applicant] and his witnesses, [names of witnesses], that there is probable cause to believe
that a violation of Section 96 (Ban on Coral Exploitation and Exportation) of Republic Act
10654 has been committed and there is sufficient reason to believe that subject afore-
mentioned person/s has/have in his/their possession, care and control:
: semi-precious corals

You are hereby commanded to make an immediate search, at any time of the day or
night, of the house and immediate premises above-described, and forthwith seize and take
possession of the aforementioned items and bring the said properties to the undersigned to
be dealt with as the law directs.

WITNESS MY HAND this ___________th day of ____[month]___ [year].

VALID UNTIL: ___________________________

[name of judge]
PRESIDING JUDGE
RTC BR. ______
CEBU CITY

MENDING NETS Third Edition 235

2. Boarding Certificate

_________________________
Name of Vessel

_________________________
Home Port/Flag State

_________________________
(Date)

BOARDING CERTIFICATE

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that F/B/F/V/M/V ____________[name of vessel]____________

was boarded/inspected by the elements of ____________[name of unit]_________ at the
vicinity of ________[place]_________ sometime in _______[date]________.

The inspecting team is composed of:

____________________________
____________________________
____________________________
____________________________;

That the inspection was conducted in an orderly manner, without the use of force or
violence upon my men, person(s) and properties;

That after the inspection, they disembarked from vessel and issued a receipt for
properties seized;

That this statement is freely and voluntarily given without the use of threat or
intimidation on us and that before we signed this statement, the contents were translated to
us and we understood the same;

_____________________________ ______________________________
Name/Signature of Master Name/Signature of Chief Engineer

Name of Vessel: ___________________________________

Owner/Operator: ___________________________________
Date/Time Boarded: ________________________________

Name/Signature of Boarding Officers:

______________________________ ________________________________

______________________________ ________________________________

236 Annex 2 Forms

3. Inventory Report of Confiscated Articles

INVENTORY REPORT OF CONFISCATED ARTICLES

Place of confiscation: __________________________

Date of confiscation: __________________________

Received the following items believed to be explosives, noxious or poisonous substances in

the possession of [name of accused] at [place of confiscation]
for confiscation in violation of ____________[law violated: with specific section]________.

Quantity Description Estimated Value

_______________ ___________________________ ________________
_______________ ___________________________ ________________
_______________ ___________________________ ________________

______ day of ___________, 2017 at __________________________, Philippines.

NOTE: The foregoing confiscated items were inventoried properly in the presence of the
captain of the vessel and the boarding team.

Inventory Undertaken By:

_______________________
(rank/name)

WITNESSES:
1) ____________________________
2) ____________________________

_________________________________________
(signature of the leader of apprehending team)
Series of 2017

[Inventory reports must include all and only those items found on the vessel.]

MENDING NETS Third Edition 237

4. Receipt of Confiscated Fish

RECEIPT OF CONFISCATED FISH

Place of confiscation: __________________________

Date of confiscation: __________________________
[The place must be indicated with specificity: House no. if any, barangay name, city,
province, region and country; the date must indicate the day, month, year and time.]

Confiscated from [owner, operator, master or person-in-charge, vendor or other possessor]

unlawfully caught fish at [fishing vessel and CFVGL no., marketplace or other place] on
____[date]____ at ____[city/municipality/barangay]___ in the possession of the above-
named person.

Vernacular name of fish Scientific name Quantity Value

_________________________ _______________ _________ ________
_________________________ _______________ _________ ________
_________________________ _______________ _________ ________

Findings
_________[to indicate if fish caught is positive to explosive substances or through other
illegal means]_________________________________________________________________

______________________________________________
(fishery law enforcement officer’s name and signature)

WITNESSES:

1) ____________________________ 2) ____________________________

________________________________________
(signature of the leader of apprehending team)

Distribution:
- Provincial Governor/Mayor [whenever applicable]
- Owner, Operator, Master/Person-in-Charge, Vendor, Other Possessor
- Director of Fisheries
- Regional Director concerned
- Fishery Law Enforcement Officer

[A seizure receipt must list only the particular items that were seized. The receipt must not
be signed by the owner of the seized items.]

238 Annex 2 Forms

5. Receipt by Hosptials or Penal Institutions of Confiscated Fish

RECEIPT OF CONFISCATED FISH

TO WHOM IT MAY CONCERN:

This is to certify that we have received the following confiscated fish from
__________________________________.
(name of officer)

Name of Fish No. of Kilos Market Value

_______________________ ___________ ___________

_______________________ ___________ ___________

_______________________ ___________ ___________

This is to certify that this office shall pay the above market value, in case the court
order its reimbursement.

Issued this day of , 20 at , Philippines.

[name of hospital or penal institution]

Signature of Authorized Officer

MENDING NETS Third Edition 239

6. Receipt of Confiscated Gear

RECEIPT OF CONFISCATED GEAR

Place of Issuance: __________________________

Date of issuance: __________________________

Confiscated from ___________[possessor]_________, for the reasons stated below, the

following gears herein described:

__________________ __________________ __________________________

(owner/operator) (name of vessel) (commercial fishing gear license)

Reason(s) for Confiscation:

______ Use of active gear

______ Dynamite fishing
______ Possession of dynamite and other explosives
______ Encroachment on prohibited zone
______ Others (specify) _______________________________________

________________________________________
(law enforcement officer’s name and signature)

WITNESSES:

1) ____________________________

2) ____________________________

ACKNOWLEDGMENT

_______________________________________
(signature of the leader of apprehending team)

[A seizure receipt must list only the particular items that were seized. The receipt must not
be signed by the owner of the seized items.]

240 Annex 2 Forms

7. Receipt of Fish Samples Taken for Examination

__________________
(Date)

RECEIPT OF FISH SAMPLES

TAKEN FOR EXAMINATION

____________________________ ____________________________
(place of issuance) (city/municipality/province)

RECEIVED from ________[fishing boats/law enforcement officer/marketplace/etc.]_______

on ____[date]_____ at ______[time]_____ AM/PM with the following descriptions:

Vernacular Name Scientific Name No. of Pieces Estimated Market

of Fish Value
_________________ ___________________ ____________ _________________
_________________ ___________________ ____________ _________________
_________________ ___________________ ____________ _________________
_________________ ___________________ ____________ _________________

RESULT OF EXAMINATION __________________________________________________

(These fish samples were sealed in a bottle of formalin bottle in the presence of the
owner, operator, master, person-in-charge, vendor or other possessor named above).

[Note: Fish caught with the use of cyanide must not be placed in formalin.]

__________________________
(fish examiner)

WITNESSES:

_______________________________

_______________________________

MENDING NETS Third Edition 241

8. Receipt of Impounded Boat

RECEIPT OF IMPOUNDED BOAT

Place of Issuance: __________________________

Date of Issuance: __________________________

Received from [possessor] for impounding, for the reasons stated

below, the vessel herein described:

_______________________ ___________________ ________________

(Owner/Operator) (CFVGL No.) (Name of vessel)

Reason(s) for Impounding:

______ Possession of dynamited fish

______ Using vessel for dynamite fishing
______ Possession of dynamite and other explosives
______ Encroachment on prohibited zone
______ Others (specify) _______________________________________

_________________________________________
(law enforcement officer’s name and signature)

WITNESSES:

1) ____________________________

2) ____________________________

ACKNOWLEDGMENT

________________________________________
(signature of the leader of apprehending team)

Copy received: __________________________

(owner/operator of fishing boat)

242 Annex 2 Forms

9. Receipt of Items for Temporary Custody

OFFICE OF THE CITY MAYOR

Bantay Dagat _______
Province of __________

RECEIPT OF ITEMS FOR TEMPORARY CUSTODY

THIS IS TO CERTIFY that the following items were placed under the TEMPORARY
CUSTODY of this office pending final disposition/adjudication of the case for violation of
______[offense]______.

ITEM DESCRIPTION QUANTITY VALUE

____________ ________________________ __________ ____________

____________ ________________________ __________ ____________
____________ ________________________ __________ ____________
____________ ________________________ __________ ____________
____________ ________________________ __________ ____________
____________ ________________________ __________ ____________
____________ ________________________ __________ ____________

________________________________
Receiving Officer/Custodian

Witnesses:

_____________________________

_____________________________

MENDING NETS Third Edition 243

D. Forms Used in Scientific Investigations
1. Field Test Report

FIELD TEST REPORT

I, ______[name of officer]______ , hereby certify that I have conducted a physical

examination of the fish caught/seized on ____[date]____ at _______[place]_____ pursuant to
the standards provided by the Bureau of Fisheries and Aquatic Resources; that as a result
of the examination conducted there is reasonable ground to believe that the examined fish
was caught/seized as a consequence of dynamite fishing or use of poisonous or noxious
substance.

____th day of _________, 20___ at ____________________, Philippines.

FIELD TEST CONDUCTED BY:

_____________________________

244 Annex 2 Forms

2. Fish Sample Evidence

FISH SAMPLE EVIDENCE

Place: ________________________________________________________________
Date: ______________________
Time: ______________________

NAME OF FISHING VESSEL/CARGO VEHICLE (IF APPLICABLE): ____________________

NAME OF OWNER/OPERATOR/OR IN-CHARGE OF FISH:__________________________

ADDRESS: ____________________________________________________________________

KIND AND QUANTITY OF FISH TAKEN AS SAMPLE:

SPECIES QUANTITY
______________________________ _________________________
______________________________ _________________________
______________________________ _________________________

______________________________
(law enforcement officer)

[Once completed, this form should be used as label of the sealed bottle containing the fish
sample in 7 parts water and 3 parts formalin.]

MENDING NETS Third Edition 245

3. Scientific Examination Report

SCIENTIFIC EXAMINATION REPORT

MEMORANDUM FOR:

With reference to the fish samples taken for scientific examination during the Joint
Operation led by _____[name of team]___ of ______________ on _______________ at
_________________, please be informed of the following:

SOURCE OF FISH SAMPLE(S): _________________________________

NAME OF OWNER/CLAIMANT: _________________________________
DATE FISH SAMPLES WERE TAKEN: _________________________________
DATE AND TIME SAMPLES WERE EXAMINED: _________________________________
CARRIER: _________________________________
SUBMITTED FOR EXAMINATION BY: _______[Apprehending Officers]_____
_________________________________

NAME OF FISH SAMPLE NO. OF PIECES REMARKS

Local Name Scientific Name
1. ______________ ______________ _____________ _______________
2. ______________ ______________ _____________ _______________

CHARACTERISTICS NOTED ON FISH SAMPLES:

A. EXTERNAL MANIFESTATIONS:
1.
2.

B. INTERNAL MANIFESTATIONS:
1.
2.
3.
4.

CONCLUSION:

Examined by:

___________________________
Fish Examiner

Noted by:
_______________________
(Chief)

246 Annex 2 Forms

E. Others
1. Commercial Fishing Vessel/Gear License (For Renewal)

Republic of the Philippines

Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Regional Office No. 7
Arellano Blvd. Cebu City
Tel. Nos. 256-2772-76

COMMERCIAL FISHING VESSEL/GEAR LICENSE (FOR RENEWAL)

CFVGL. No. (RENEWAL) ________________

______________________________________________________________________
(Name of Company/Person)

_____________________________________________________________________
(Address)

is hereby licensed to operate

____________________________________________________________________
Name of Vessel Classification Type of Gear

Vessel side number/call sign ______________with a gross tonnage of_________________

This vessel is licensed to operate in support of the company fishing fleet/or fish with legally
approved _________________gear for commercial fishing purposes in Philippine waters so
authorized for such operation by law.

The owner, operator and Patron/Captain of the Vessel shall conduct fishing operations in
accordance with the provisions of Republic Act No. 10654, Fisheries Administrative Orders
and the terms and conditions embodied at the back hereof.

The original of this license shall be framed and posted in a conspicuous place on board the
fisheries vessel and readily available for inspection by any authorized fishery law enforcement
officers.

This license is non-transferable and shall be returned to the Bureau of Fisheries and Aquatic
Resources upon suspension, cancellation and revocation.

This license shall be valid for a period of three (3) years commencing from
___________________ until ____________________.

ISSUED this __________ day of _____________20___, Cebu City, Philippines.

BFAR Official Seal _____________________________

Regional Director

Note: FOR NEWLY ISSUED, the same shall be signed/issued by BFAR Director.

MENDING NETS Third Edition 247

2. Gear Registration

Republic of the Philippines

Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Regional Office No. 7
Arellano Blvd. Cebu City
Tel. Nos. 256-2772-76

GEAR REGISTRATION

_____________________________________________________
(Name of Company/Person)

_____________________________________________________
(Address)

is the owner of the gear in CFVGL No. __________________ known and described as
_________________________ (gear) with the following specifications:

Mouth/Opening: ____________________________________________

Body/Belly: _______________________________________________

Bunt/Bag: _________________________________________________

The said gear is hereby registered to be used for legitimate fishing operation of F/V
“_____________” in the Philippine waters.

ISSUED this ______________ day of _____________20___, Cebu City, Philippines.

_______________________________
Regional Director

Registration fee: _________________

Under O.R. no.: __________________
Dated: __________________________

248 Annex 2 Forms

ANNEX 3
Mandates in Coastal Law Implementation

T
he legal mandates of the following government bodies define
the respective roles of the different agencies and offices
tasked with the implementation of coastal laws, and clarify
their particular jurisdictions. The participation of people in
coastal law enforcement is also discussed in the last section to stress
the indispensable role of private citizens in resource management and
protection.

NATIONAL GOVERNMENT AGENCIES

National government agencies, offices and bodies represent the
central government in its executive function of implementing and
enforcing coastal laws.

Department of Agriculture (DA)

General mandate Promote agricultural development
Coastal-related functions Formulate and enforce all laws,
rules and regulations governing the
conservation and proper utilization of
agricultural and fishery resources ( EO
No. 292, Title IV)
Manage all declared aquatic critical
habitats and all aquatic resources
(This is subject to the exceptions provided under Section 4 of RA 9147,
which grants jurisdiction to DENR over all turtles and tortoises and
wetland species, including but not limited to crocodiles, waterbirds and
all amphibians and dugong.)

DA-Bureau of Fisheries and Aquatic Resources (DA-BFAR)

(BFAR was reconstituted as a line bureau by RA 10654.)
Main line agency DA
Coastal-related functions Enforce all laws governing the
conservation and management of
fishery resources, except in municipal
waters (RA 10654, sec. 65)
Formulate and enforce all rules
and regulations governing the
conservation and management of
fishery resources, except in municipal
waters (RA 10654, sec. 65)

MENDING NETS Third Edition 251

 Settle conflicts in respect to resource
use and allocation (RA 10654, sec. 65)
Issue licenses for the operation of
commercial fishing vessels (RA 10654,
sec. 65)

Department of Environment and Natural Resources (DENR)

General mandate Manage and protect the country’s
natural resources (EO 292 and EO 192,
sec. 4)
Coastal-related functions Formulate, implement and supervise
the implementation of policies,
plans and programs related to
the management, conservation,
development, use and replenishment
of the country’s natural resources,
which include waters, fisheries,
wildlife and offshore areas (EO 292,
Title XIV)
Implement the Environmental Impact
Statement System (PD 1586)
Implement and assume overall
administration and management of
the National Integrated Protected
Areas System (RA 7586)
Manage mangroves in coordination
with DA (DAO 15 s.1990)
Protect all turtles and tortoises and
wetland species, including but not
limited to crocodiles, waterbirds and
all amphibians and dugong (RA 9147,
sec. 4)
Identify and classify lands for fishpond
purposes (FAO 197 s. 2000, sec. 2)

Protected Area Management Board (PAMB)

Main line agency DENR
Coastal-related functions Directly administer and manage
specific protected areas established
under RA 7586 (RA 7586, sec.11)

252 Annex 3 Mandates in Coastal Law Enforcement

National Mapping and Resource Information Authority
(NAMRIA)
(NAMRIA serves as the central mapping and resource information
agency of the
Philippines.)
Main line agency DENR
Coastal-related functions Provide geographic and resource
information through surveying,
land classification, remote
sensing, mapping, and information
management and dissemination
services to both government and
private sectors
Determine the outer limits of
municipal waters, in coordination
with BFAR and the local government
units concerned (DA AO No. 3 s. 1998,
Rule 157.1 and RA 10654, sec. 157)
Designate and chart navigational
lanes in fishery areas through
an interagency committee with
Philippine Nav y, Philippine Coast
Guard, Maritime Industry Authority,
other concerned agencies, and the
National Fisheries and Aquatic
Resources Management Council (DA
AO No. 3 s. 1998, Rule 123.1, and RA
10654, sec. 123)

Philippine Navy (PN)

General mandate Naval defense of the Philippines
Coastal-related functions Enforce laws and regulations related
to navigation, safety of life at sea,
immigration, customs, revenues,
quarantine, fishing and the neutrality
of the territorial contiguous waters
of the Philippines, as well as other
functions provided by law or assigned
by higher authorities (EO 292, Title
VIII, sec. 52 & 53)
Enforce RA 10654, as well as other
fishery laws, rules and regulations (RA
10654, sec. 158)

MENDING NETS Third Edition 253

Philippine Coast Guard (PCG)
General mandate Enforce, or assist in enforcing, all
applicable laws upon the high seas and
territorial waters of the Philippines (PD
601, sec. 2)
Coastal-related functions Prevent and suppress illegal entry,
illegal fishing, illegal gathering of
corals and other marine products,
smuggling, other customs frauds
and violations of other maritime and
fishery laws that may be committed
within the waters of the Philippines
(PD 601, sec. 5)
Enforce laws for the prevention of
marine pollution within the territorial
waters of the Philippines (PD 601, sec.
5; also see PD 600 & PD 979)
Promulgate and administer rules
and regulations for the prevention
of marine pollution within the
territorial waters of the Philippines,
in coordination with the National
Pollution Control Commission (PD
601, sec. 5; also see PD 600 & PD 979)
Assist (within its capabilities and upon
request of the appropriate authorities)
other government agencies in the
performance of their functions, within
the waters subject to the jurisdiction
of the Philippines, relating to
matters and activities not specifically
mentioned in PD 601 (PD 601, sec. 5)
Act as law enforcement agents of DA-
BFAR, among others (PD 601, sec. 5)
Enforce RA 10654, as well as other
fishery laws, rules and regulations (RA
10654, sec. 158)

Department of the Interior and Local Government (DILG)

General mandate Assist the President in exercising general
supervision over local governments and
in ensuring autonomy, decentralization
and community empowerment (RA 6975,

254 Annex 3 Mandates in Coastal Law Enforcement

 Department of the Interior and Local
Government Act of 1990)
Coastal-related functions Implement the state policy of
promoting peace and order (RA 6975)
Ensure public safety through the
establishment of an efficient and
competent police force that is national
in scope and civilian in character (RA
6975)

Philippine National Police (PNP)

(The PNP consists of the members of the police forces, merged from
the Integrated National Police pursuant to Presidential Decree No. 765,
and the officers and enlisted personnel of the Philippine Constabulary.)
Main line agency DILG through the National Police
Commission (NAPOLCOM) (RA 6975)
Coastal-related functions Enforce all laws and ordinances
involving the protection of lives and
properties, as well as the maintenance
of peace and order (RA 6975, sec. 24)
Enforce RA 10654, as well as other
fishery laws, rules and regulations
along with the PNP-Marine Command
(RA 10654, sec. 158)

Maritime Police Unit (PNP Maritime Group or PNP-MARIG)

(The PNP-MARIG was established as an operational support unit of
PNP by RA 6975.)
Main line agency DILG
Coastal-related functions Perform all police functions over
Philippine territorial waters and rivers
(RA 6975, sec. 35, par. b[1])

Maritime Industry Authority (MARINA)

Main line agency DOTC (PD 474, EO 546 s. 1979, EO 1011
s. 1985, EO 125 & 125-A s. 1987)
Coastal-related functions Oversee the promotion and
development of the maritime industry
Oversee the effective regulation
of shipping enterprises, and the
establishment of routes, zones or
areas of operation of public water
services

MENDING NETS Third Edition 255

 Take charge of vessel registration,
including issuance of licenses,
certificates and related documents
Ensure safety in vessel construction
and operations
License qualified seamen and harbor,
bay and river pilots
Enforce maritime law

National Commission on Indigenous Peoples (NCIP)

General mandate Formulate and implement policies,
plans and programs to protect the rights
and well-being of indigenous cultural
communities/ indigenous peoples (RA
8371)
Coastal-related functions Recognize and protect the rights of
indigenous peoples to their ancestral
domains, which include ancestral
waters (RA 8371)

Public Estates Authority (PEA)

General mandate Undertake the reclamation of lands and,
as a government corporation, ensure
their maximum utilization in promoting
public welfare and interests (PD 1084)
Coastal-related functions Integrate, direct and coordinate all
reclamation projects for, and on behalf
of, the National Government (EO 525)
Recommend reclamation projects for
approval of the President; such projects
may be undertaken by PEA itself or by
executing a proper contract with any
person or entity (EO 525, sec. 1)
Be consulted on the reclamation
projects of any national government
agency or entity authorized under its
charter (EO 525, sec. 1)

Department of Labor and Employment (DOLE)

General mandate Serve as the primary policymaking,
programming, coordinating and
administrative entity of the Executive
Branch of the government in the field of
labor and employment

256 Annex 3 Mandates in Coastal Law Enforcement

Coastal-related functions Enforce social and labor legislation to
protect the working class and regulate
relations between employers and
employees (EO 292, Title VII, sec. 2 & 3)
Protect the rights of fish workers, who
are covered by the provisions of the
Labor Code (RA 10654, sec. 25)

Department of Social Welfare and Development (DSWD)

General mandate Care for, protect and rehabilitate
individuals, families and communities
in need of social welfare assistance and
social work intervention (EO 292, Title
XIV, sec. 1 & 2)
Coastal-related functions Implement RA 7610, otherwise known
as the “Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act”
(Violations of fisheries laws, such as
muro-ami fishing, may involve minors
and therefore violate Section 10 of RA
7610.)
Take protective custody of minors
who are victims of abuse and
discrimination (RA 7610, sec. 28)

Department of Justice (DOJ)

(The DOJ is the primary law agency of the national government.)
General mandate Act as both legal counsel and
prosecution arm of the national
government (EO 292, Title III, sec. 1 & 3)
Coastal-related functions Strengthen the prosecution and
conviction aspects of fishery law
enforcement through:
1. Augmentation of the current
complement of state prosecutors
2. Continuous training and
reorientation on fishery laws, rules
and regulations (RA 10654, sec. 159)

Civil Service Commission (CSC)

General mandate Serve as the central personnel agency
of the government (1987 Philippine
Constitution, Article IX)

MENDING NETS Third Edition 257

Coastal-related functions Hear and decide administrative
cases instituted by or brought before
it directly or on appeal, including
contested appointments (EO 92, sec. 6)
Hold disciplinary jurisdiction over
public officials and employees (EO 292,
Book V, Chapter 6, subtitle A, sec. 47)

LOCAL GOVERNMENT UNITS AND OFFICES

In keeping with the constitutional directive of establishing a more
responsive and accountable government structure, local governments
have a significant mandate to manage and protect local coastal
resources. This system of decentralization is instituted by the Local
Government Code and the Philippine Fisheries Code.

The Barangay Government

The barangay is considered the most basic political unit. As such, it
serves as the primary planning and implementing unit of government
policies, plans, programs, projects and activities in the community. It is
also a forum where the collective views of the people may be expressed,
determined and considered, and where disputes may be amicably
settled (RA 7160, sec. 384).
The barangay is particularly important as it is the government unit
most rooted in the community and is thus at the forefront of protecting
the coastal and marine environment.

Punong Barangay (Barangay Head)

Position Chief executive of the barangay
government
Coastal-related functions Enforce all laws and ordinances
applicable to the barangay, including
laws and regulations relating to
pollution control and environmental
protection (RA 7160, sec. 389, par. b[1])
Arrest violators for 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)

Sangguniang Barangay (Barangay Council)

Position Legislative body of the barangay

258 Annex 3 Mandates in Coastal Law Enforcement

Coastal-related functions Enact ordinances that promote the
general welfare of its inhabitants (RA
7160, sec. 391, par. 1)
Assist the Punong Barangay in the
performance of his functions (RA
7160, sec. 392, par. a & b)
Act as peace officers in the
maintenance of public order and
safety (RA 7160, sec.
392, par. a & b)
Arrest violators for 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)

The Municipal/City Government

The municipality or city consists of a group of barangays. It
principally serves as a general-purpose government that coordinates
and delivers basic, regular and direct services to inhabitants within
its territorial jurisdiction through effective governance (RA 7160, sec.
440 & 448). Such basic services include extension and on-site research
services, and facilities related to agriculture and fishery activities (RA
7160, sec. 17, par. b[2][i]).
The role of the municipality/city in the management and protection
of the coastal and marine environment is especially indispensable
because of its primary jurisdiction over municipal waters. (See Rights
and Responsibilities of LGUs over Municipal Waters.)

Municipal/City Mayor
Position Chief executive of the municipal/city
government
Coastal-related functions Enforce all laws and ordinances
related to the governance of the
municipality/ city (RA 7160, sec. 444
[b][2] & sec. 455 [b][2])
Adopt measures to safeguard and
conserve land, mineral, marine,
forest and other resources of the
municipality/ city (RA 7160, sec. 444,
par. 3[vii] & sec. 455, par. b[3][vii])
Represent NAPOLCOM, and exercise

MENDING NETS Third Edition 259

 operational supervision and control
over PNP units in their respective
jurisdictions, subject to certain
exceptions (RA 6975)
As chair of the local peace and
order council, develop and establish
integrated area/community pub lic
safety plans for implementation by
PNP stations (RA 6975)
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)
Administer oaths (CA 270, as amended
by CA 641)

Sangguniang Bayan/Panlungsod (Municipal/City Council)

Position Legislative body of the municipality/city
Coastal-related functions Enact ordinances, approve resolutions
and appropriate funds for the general
welfare of the municipality/city and
its inhabitants (RA 7160, sec. 447, par.
a & sec. 448, par. a)
Enact ordinances that protect the
environment, and impose appropriate
penalties for acts that endanger the
environment (RA 7160, sec. 447, par.
a[1][vi] & sec. 458, par. a[1][vi])
Provide for the establishment,
maintenance, protection and
conservation of mangroves (RA 7160,
sec. 447, par. a[5][i] & sec. 458, par.
a[5][i])
Authorize the establishment,
maintenance and operation of ferries,
wharves and other structures, and
marine and seashore or offshore
activities intended to accelerate
productivity (RA 7160, sec. 447, par. a
& sec. 458, par. a)
Grant the exclusive privilege of
constructing fish corrals or fishpens,
or the taking of bangus fry, prawn fry

260 Annex 3 Mandates in Coastal Law Enforcement

 or kawag-kawag, or fry of any species
of fish within municipal waters (RA
7160, sec. 447, par. a[2][xi] & sec. 458,
par. a[2][xi])

City/Municipal Agriculturist (MAO)

Position Administrative staff under the Mayor,
optional for city/municipality
Coastal-related functions Provide support to the Mayor to
ensure delivery of basic services
and facilities involving agricultural
services (RA 7160, sec. 482, par. b[1])

City Environment and Natural Resources Officer (CENRO)

Position Administrative staff under the Mayor,
optional for city/municipality (RA 7160,
sec. 484, par. a)
Coastal-related functions Provide support to the Mayor to
ensure delivery of basic services and
facilities involving environment and
natural resources services (RA 7160,
sec. 484, par. b[1])
Maintain, protect and preserve
mangroves (RA 7160, sec. 484, par.
b[2][i])

City Legal Officer (CLO)

PositionChief legal counsel of municipality/
city, mandatory for city but optional for
municipality (RA 7160, sec. 481, par. a)
Coastal-related functions Represent the municipality/city in all
civil actions and special proceedings
Draft ordinances, contracts and other
legal documents (RA 7160, sec. 481,
par. c)
Render opinions on any question of
law, whenever required by the Mayor
or the Sanggunian (RA 7160, sec. 481,
par. c)
Review and submit recommendations
on ordinances approved and executive
orders issued by component units (RA
7160, sec. 481, par. c)

MENDING NETS Third Edition 261

The Provincial Government
The province is composed of a cluster of municipalities, or of
municipalities and component cities. It serves as a mechanism
for developmental processes and effective governance for LGUs
within its territorial jurisdiction (RA 7160, sec. 459). The provincial
government is also empowered, and tasked, to provide basic services
and facilities such as assistance in the organization of farmers’ and
fishers’ cooperatives. It is also responsible for funding infrastructure
facilities (e.g. reclamation projects) intended to service the needs of the
residents of the province (RA 7160, sec. 17, par. b[3][i] & [vii]).

Governor
Position
Chief executive of the provincial
government
Coastal-related functions Enforce all laws and ordinances
related to the governance of the
province (RA 7160, sec. 465, par. b[2])
Ensure 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 (RA 7160,
sec. 465, par. b[2][1])
Adopt 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 (RA 7160, sec. 465, par.
b[3][v])
Represent the NAPOLCOM (RA 6975)
Choose the Provincial Director of the
provincial police force from a list of 3
candidates recommended by the PNP
Regional Director (RA 6975)
As chair of the provincial peace
and order council, oversee the
implementation of the provincial
public safety plan, which considers the
integrated community safety plans
prepared at the municipal/ city level
(RA 6975)

262 Annex 3 Mandates in Coastal Law Enforcement

Sangguniang Panlalawigan (Provincial Council)
Position Legislative body of the province
Coastal-related functions Enact ordinances, approve resolutions
and appropriate funds for the general
welfare of the province and its
inhabitants (RA 7160, sec. 468 [a])
Enact ordinances that protect the
environment, and impose appropriate
penalties for acts that endanger the
environment ( RA 7160, sec. 468 [a]
[1][v])
Enact ordinances against pollution
and for the preservation of the
natural ecosystem in the province, in
consonance with approved standards on
human settlements and environmental
sanitation (RA 7160, sec. 468 [a][4][i])

Provincial Agriculturist
Position Administrative staff under the Governor,
mandatory for province
Coastal-related functions Provide support to the Governor
to ensure delivery of basic services
and facilities involving agricultural
services (RA 7160, sec. 482 [b][1])

Provincial Environment and Natural Resources Officer (PENRO)

Position Administrative staff under the Governor,
optional for province (RA 7160, sec. 484,
par. a)
Coastal-related functions Provide support to the Governor to
ensure delivery of basic services and
facilities involving environment and
natural resources services (RA 7160,
sec. 484, par. b[2])
Maintain, protect and preserve
mangroves (RA 7160, sec. 484, par.
b[2][i])

Legal Officer
Position Chief legal counsel of province,
mandatory for province (RA 7160, sec.
481, par. a)

MENDING NETS Third Edition 263

Coastal-related functions Represent the province in all civil
actions and special proceedings (RA
7160, sec. 481, par. c)
Draft ordinances, contracts and other
legal documents (RA 7160, sec. 481,
par. c)
Render opinions on any question
of law, whenever required by the
Governor, Mayor or the Sanggunian
(RA 7160, sec. 481, par. c)
Review and submit recommendations
on ordinances approved and executive
orders issued by component units (RA
7160, sec. 481, par. c)

Table 1. Mandates and rights of LGUs in coastal environment

protection (RA 7160)

Mandates/Rights Legal Bases

Share responsibility with the National Government in managing and Section 3 [i]
maintaining ecological balance within their territorial jurisdictions
Exercise powers granted (or necessarily implied) that are necessary, Section 16
appropriate or incidental for efficient and effective governance, and for
the promotion of the general welfare

Enhance the right of the people to a balanced ecology Section 16

Maintain peace and order and preserve the comfort and Section 16
convenience of the inhabitants
Discharge such other functions and responsibilities necessary, Section 17
appropriate or incidental to efficient and effective provision of basic
services and facilities

Have an equitable share in the proceeds from the utilization and Section 18
development of national wealth and resources within their territorial
jurisdictions, and share the proceeds with inhabitants through direct benefits

Be consulted in the planning and implementation of any government Sections 2

project or program that may cause pollution, climate change, [C] and 26,
depletion of non-renewable resources, loss of cropland, rangeland,
or forest cover, and extinction of animal or plant species. The goals
and objectives of the project or program must be explained to LGUs,
as well as its impact on the people and the community in terms of
environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize its adverse effects.

(No project or program shall be implemented by government authorities

unless these consultations are complied with, and prior approval of the
Sanggunian concerned is obtained [RA 7160, sec. 27])

264 Annex 3 Mandates in Coastal Law Enforcement

 responsibilities and rights of LGUs over municipal waters

Jurisdiction over municipal waters is vested primarily with the municipal/

city government. In consultation with the FARMC, the municipal/city
government is responsible for the management, conservation, development,
protection, utilization and disposition of all fish and fishery aquatic resources
within municipal waters.
The DA Secretary may establish catch ceilings and closed seasons
within municipal waters only upon the concurrence and approval or
recommendation of the concerned LGU, in consultation with the FARMC
(RA 10654, sec. 8 & 9).
In upholding the preferential right of municipal fishers, no new
concessions, licenses, permits, leases and similar privileges for the
establishment and operation of fish pens, fish cages, fish corrals/ traps may
be granted except to municipal fisherfolk and their organizations (RA 10654,
sec. 53). All fish hatcheries, fish breeding facilities and private fishponds
must be registered with the LGU (RA 10654, sec. 57).
While management responsibilities for municipal waters lie mostly with
the municipal government, barangays still perform essential functions in
the protection of coastal resources under RA 7160 (see The Barangay
Government). The provincial government is also involved in the management
of municipal waters primarily through its review and approval of municipal
ordinances.

Table 2. Responsibilities and rights of LGUs over municipal

waters (RA 10654)

Mandates/Rights Legal Bases

Enact appropriate ordinances for the management of municipal Section 16

waters in accordance with the National Fisheries Policy

(Municipal ordinances are subject to review by the Sanggunian of the

province)

Enact a basic Municipal Fisheries Ordinance (MFO) delineating the Rule16.1,DA

boundaries of municipal waters, providing rules and regulations on AO No. 10 s.
licensing, issuance of permits and other fisheries activities 2015 (IRR of
RA 10654)
Establish closed seasons for conservation and ecological purposes Section 9
(only within municipal waters)
Declare an area overfished and prohibit or limit fishery activities Section 23
(only within municipal waters)
Recommend to DA that a portion of the municipal waters be declared Section 80
as fishery reserves for special or limited use, educational, research
and/or special management purposes

Establish fish refuges and sanctuaries Section 81

MENDING NETS Third Edition 265

 Accord preference to duly registered fisherfolk organizations/ Section 17
cooperatives in the grant of fishery rights

Maintain a registry of municipal fishing vessels by type of gear and of Section 19

municipal fisherfolk who fish or may desire to fish in municipal waters,
for the purpose of determining priorities among them, limiting entry into
municipal waters, and monitoring fishery activities

Grant demarcated fishery rights to fishery organizations/ cooperatives Section 22

for mariculture operation in specific areas identified by the DA
Establish zones within municipal waters where fish pens, fish Section 51
cages, fish traps and other structures for the culture of fish may be
constructed and operated, and issue licenses for these

Issue auxiliary invoices for fish and fishery products being transported Section 15
from the municipality
Grant pearl farm leases Section 52
Establish post-harvest facilities for fishing communities Section 59

CITIZENS
Any effective effort to manage, conserve and protect coastal and
marine resources will necessarily involve those communities who
live nearest to, and are most dependent on these resources for their
livelihood. The participation of citizens in the protection of the coastal
and marine environment cannot be underestimated.

Citizen’s Arrests
Private citizens are authorized to arrest violators of fishery laws,
rules and regulations under the following circumstances:
• When the person to be arrested has committed, is actually
committing or is attempting to commit an offense in the presence of
the private citizen
• When an offense has in fact just been committed, and the citizen
has personal knowledge of facts indicating that the person to be
arrested has committed it
• When the person to be arrested is a prisoner who has escaped from
a penal establishment or place where he is serving final judgment
or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another
(Revised Rules of Court, Rule 113, sec. 5) (See Warrantless Arrests in
Chapter 3: ASSD)

Fish Wardens (Bantay Dagat)

Members of fisherfolk organizations who have undergone training
on law enforcement may be designated in writing by the DA as deputy
fish wardens (RA 10654, sec. 158). Under the LGC, the municipal/city

266 Annex 3 Mandates in Coastal Law Enforcement

Mayor also has the power to deputize private citizens as municipal/
city fish wardens or volunteer community paralegals (see above for
coastal-related functions of Mayors). Likewise, the Sangguniang
Bayan/Panlungsod is authorized to create or consolidate offices, such
as a coastal law enforcement group, in the interest of efficiency and
economy (RA 7160, sec. 443, par. c[2 & 3] & sec. 454, par. c[2 & 3]).
People’s and non-government organizations (POs & NGOs) are
encouraged to enter into active partnerships, joint ventures and other
cooperative arrangements with local governments in the pursuit of
local autonomy (RA 7160, sec. 34) and for the delivery of basic services,
such as environmental protection and coastal law enforcement (RA
7160, sec. 35).

Fisheries and Aquatic Resouces Management Councils

(FARMCs) One of the most significant avenues for people’s
participation in the protection and management of coastal resources is
the FARMC, which has the power to influence policy-making from the
barangay to the national level. FARMCs were originally created under
EO 240 in 1995, and further strengthened and institutionalized under
RA 10654.
The National FARMC (NFARMC) serves as an advisory/
recommendatory body to the DA (RA 10654, sec. 70). Of its 15 members,
13 come from the private sector, broken down as follows:
• 5 fisherfolk and fish workers
• 5 from the commercial fishing, and aquaculture operation &
processing sectors
• 2 from the academe
• 1 from NGOs involved in fisheries
The Municipal/City FARMCs (M/CFARMCs) have at least 13
representatives, or approximately 75% membership, from the private
sector, broken down as follows:
• 1 from an accredited NGO
• 1 from the private sector
• 7 municipal fisherfolk
• 1 fish worker
• 3 commercial fishers
(RA 10654, sec. 73 & 75)
The principal functions of M/CFARMCs include making
recommendations on the enactment of fishery ordinances (RA 10654,
sec. 77) and assisting in the enforcement of fishery laws, rules and
regulations in municipal waters (RA 10654, sec. 74).
Furthermore, RA 10654 mandates that the DA and/or the municipal
government consult the FARMC when:
• establishing closed seasons, fishery refuges and sanctuaries (RA
10654, sec. 9 & 81)

MENDING NETS Third Edition 267

 • declaring a portion of the municipal waters as fishery reserves (RA
10654, sec. 80)
• establishing catch ceilings and closed seasons within municipal
waters (RA 10654, sec. 8 & 9)
• designating zones within municipal waters where fish pens, fish
cages, fish traps and other structures for the culture of fish may be
constructed and operated (RA 10654, sec. 51).
Barangay FARMCs may also be created by LGUs under Section 73 of
RA 10654.

268 Annex 3 Mandates in Coastal Law Enforcement

Area-based mandates for implementation of coastal laws

Primary
Within z Municipal government
municipal
waters
Others
1 z DA-BFAR
z PNP/PNP Maritime
z PCG
Coastal
z PN
and Marine
z LGUs
Areas
z Citizens
z Province

Primary
z DA-BFAR
Outside
municipal
waters Others
z PNP/PNP Maritime
z PCG
z PN
Implementation z LGUs
of Laws in z Citizens
General

Primary
z DENR through the PAMB,
2 particularly the PASU who is in
charge of day-to-day monitoring
Protected
Area
Waters Others
z PNP/PNP Maritime
z PCG
z PN
z Citizens

Primary
3
z Tribal elders
Ancestral
Waters Others
z DA-BFAR
z DENR
z PNP/PNP Maritime
z PCG
z PN
z LGUs

MENDING NETS Third Edition 269

 Mandates for coastal areas in general

Lead Office
z Municipal/City Government (RA 10654, RA 7160)

Within
municipal Other responsible agencies/offices/bodies
waters z DA-BFAR (RA 10654, EO 292, RA 9147)
z DENR (EO 292, EO 192, RA 9147)
z PNP/PNP Maritime (RA 6975, RA 10654)
z PN (RA 10654, EO 292)
z PCG (PD 601, PD 600, PD 979, RA 10654)
1 z Other LGUs/Officials (RA 7160)
z FARMCs (EO 240, RA 10654)
z Other private citizens and citizen’s groups
Coastal
(RA 10654, RA 7160 and Rule 113, sec. 5 of
Areas in
Revised Rules of Court)
General
z Province

Lead agency
z DA-BFAR

Outside
municipal Other responsible agencies/offices/bodies
waters z DENR
z PNP/PNP Maritime
z PN
z PCG
z LGUs
z FARMCs
z Other private citizens and citizens’ groups

270 Annex 3 Mandates in Coastal Law Enforcement

 Mandates for protected seascapes

Protected Areas Wildlife Division

z Administration of the National Integrated
Lead Agency Protected Areas System
z DENR
(RA 7586,
Protected Area Management Board (PAMB)
DAO 25
z Site-based management body composed of:
s. 1992)
hDENR Regional Executive Director (RED) as
2 chairman
hProvincial Development Officer (PDO)
Protected from each province with territory within the
Seascapes protected area
hOne representative from each Municipal
Government with territory within the protected area
hOne representative from each Barangay with
Other territory within the protected area
responsible hOne representative from each tribal community
agencies/ residing within the protected area, if applicable
offices/ hAt least three (3) representatives from local
bodies NGOs and community organizations, including
z PNP/PNP people’s organizations, church or other
Maritime organizations based in or near the protected area
z PN hOne representative, if necessary, from other
z PCG national government agencies that may be
z Other LGU involved in protected area management
officials hOne representative of the Autonomous
z FARMCs Regional Government, where applicable
z Other hDA-BFAR
private
citizens/
citizens’ Park Area Superintendent (PASU)
groups z Chief Operating DENR officer at the site

Mandates for ancestral waters

Lead Body
z Tribal elders (RA 8371) and members of the
Indigenous Cultural Community
3

Ancestral Other responsible agencies/offices/bodies

Waters z National Commission z PN
on Indigenous z PCG
Peoples (RA 8371) z LGUs
z DA-BFAR z Other private
z DENR citizens/citizens’
z PNP/PNP Maritime groups

MENDING NETS Third Edition 271

ANNEX 4
Guide to Legal References

L
egal references can be generally classified into three types:
1) jurisprudence
2) statutes and legal issuances
3) legal texts
Copies of these references may be obtained from the libraries and/
or websites of the appropriate government offices (www.gov.ph). The
Supreme Court website (www.supremecourt.gov.ph) is particularly
useful in researching jurisprudence. Other sources such as law school
libraries, bookstores, and the internet (e.g. www.lawphil.net, www.
chanrobles.com, www.lexlibris.com.ph) may also be tapped.
This guide classifies the legal references cited in this book, with
notes on how to interpret the citations.

Jurisprudence
Jurisprudence are Supreme Court decisions that may be used
to support legal arguments or decisions of lower courts. Cases are
reported in different compilations and are cited as follows:
Case name, vol. no. report title pg. no. (year of promulgation)
e.g. Diaz v. Estrera, 106 Phil. 637 (1947)

Acronym of
Report Title
A.M. Administrative Matters (compiled by the concerned
administrative agency)
G.R. General Reference*
I.S. Information Sheet (compiled by the concerned public
prosecutor)
O.G. Official Gazette
Phil. Philippine Reports
SCRA Supreme Court Reports Annotated
*If the Supreme Court decision has not been reported in any
compilation, the case is cited using the General Reference number
assigned to the case, along with its date of promulgation. Cases
decided by the American judicial system are simply cited using the case
reference number.

Statutes and Legal Issuances

Statutes include national laws created by Congress or the President.
Legal issuances include rules and regulations, resolutions, circulars,

MENDING NETS Third Edition 275

and other orders issued by administrative agencies to implement the
national laws. The DOJ Manual for Prosecutors, for example, is a legal
issuance.
The “Rules” cited in this book refer to the Revised Rules of Court,
unless otherwise specified. See the List of Acronyms for the meaning of
the acronyms used in citing laws.
Although copies of all the laws cited in this book are widely
available, the authors have used annotated versions of some of these.
The following texts were used:

Agpalo, Ruben. (2001) Handbook on Criminal Procedure. (2001 edition).

Manila: Rex Book Store.
Bernas, Joaquin G., S.J. (1996) The 1987 Philippine Constitution. (1996
edition). Manila: Rex Book Store.
Nolledo, Jose N. (1992) The Local Government Code of 1991: Annotated.
(1992 edition). Mandaluyong City: National Bookstore.
Regalado, Florenze D. (2000) Remedial Law Compendium: Volume Two.
(8th edition). Manila: National Bookstore, Inc.

Legal Texts
The opinions of established legal authorities are occasionally cited
in this book. The following publications were referred to:

Albano, Ed Vincent S. (1998) Remedial Law Reviewer. (2nd edition).

Manila: Rex Book Store.
De Leon, Hector S. and Hector M. De Leon, Jr. (1998) Administrative
Law: Text and Cases. (3rd edition). Manila: Rex Book Store.
Department of Environment and Natural Resources, Bureau of
Fisheries and Aquatic Resources of the Department of Agriculture,
and Department of the Interior and Local Government. (2001)
Philippine Coastal Management Guidebook No. 8: Coastal Law
Enforcement. Cebu City: Coastal Resource Management Project of
the Department of Environment and Natural Resources.
Gregorio, Antonio. (1997) Criminal Law II. Manila: Rex Book Store.
Moreno, Federico B. (1988) Philippine Law Dictionary. (3rd edition).
Manila: Rex Bookstore.
Nachura, Antonio. (1998) Reviewer in Political Law. Manila: Ay-Ren
Printing Specialties, Inc.

276 Annex 4 Guide to Legal References

 INDEX OF DEFINITIONS

Administrative adjudication, 185 Light penalty, 92

Administrative Orders, 6 Mandamus, 156
Administrative remedy, 185 Marine pollution, 204
Afflictive penalty, 92 Ministerial (duty), 156
Appeal, 165 National Laws, 3
Arbitrary detention, 93 Necessarily included, 146
Arraignment, 161 Necessarily includes, 146
Arrest, 87 Object evidence, 113
Bail, 97 Ordinances, 17
Beyond reasonable doubt, 112 Plea bargaining, 161
Capital penalty, 92 Possess, 46
Circulars, 6 Preliminary investigation, 151
Competent (evidence), 113 Prescriptive period, 147
Complaint, 143 Prima facie, 25
Confiscation, 197 Probable cause, 89
Correccional penalty, 92 Promulgation of judgment, 166
Custodia legis, 105 Public documents, 115
Custodial investigation, 95 Real evidence, 111
Delivery, 93 Replevin, 105
Documentary evidence, 111 Res gestae, 96
Double jeopardy, 145 Same act, 146
Due process (administrative Same offense, 145
proceedings), 188 Sanctuary, 39
ECC, 201 Search warrant, 98
Environmental Protection Order Seizure, 197
(EPO), 171 Sell, 46
Executive Orders, 5 Stakeholders, 185
Export, 46 Substantial evidence, 189
Final judgment, 168 Supreme court issuances, 17
Fine-mesh nets, 27 Temporary Environmental
Fishery refuge, 39 Protection Order (TEPO), 171
Fishery reserve, 39 Testimonial evidence, 112
Complaint, 143 Transport, 46
Inquest investigation, 156 Unlawful detention, 105
Judgment, 163 Writ of Kalikasan, 172
Jurisdiction, 148

MENDING NETS Third Edition 277

Too often, coastal law violations escape the nets of justice because the nets have too
many holes: limited understanding of coastal laws, lack of knowledge of technical
procedures, or simply confusion over the proper way to effectively keep violators
from committing more crimes against the environment. Mending Nets: A Handbook
on the Prosecution of Fishery and Coastal Law Violations is a guide to help patch up
those holes so that environmental justice may be truly served.

This handbook was produced and published by the

Environmental Legal Assistance Center

in collaboration with other assisting organizations through Coastal Resource Management

Project, the Fisheries Improved for Sustainable Harvest Project and Ecosystems Improved
for Sustainable Fisheries Project, technical assistance project supported by the United State
Agency for International Development

Technical Support and Management is provided by