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Produced by

The Department of Environment and Natural Resources (DENR),


Protected Areas and Wildlife Bureau (PAWB), Coastal and Marine Management Office (CMMO)
In collaboration with

Tanggol Kalikasan, Inc.


And the member organizations of the National Law Enforcement Coordinating CouncilSubcommittee on
Environment and Natural Resources, Local Government Units, partner Non-government Organizations and
Peoples Organizations, academe and other assisting organizations
With the support of

The Integrated Coastal Resources Management Project (ICRMP), United States Agency for International
Development (USAID) & US-Department of Interior (US-DOI)
2013

Manual on Environmental Law Enforcement in Coastal and Marine Areas


By
Department of Environment and Natural Resources
Protected Areas and Wildlife Bureau
Coastal and Marine Management Office
Ninoy Aquino Parks and Wildlife Center, North Avenue, Quezon City
2013
Printed in Manila, Philippines
Citation:
Department of Environment and Natural Resources. 2013. Manual on Environmental Law Enforcement in Coastal and Marine Areas.
Coastal and Marine Management Office of the Protected Areas and Wildlife Bureau of the Department of Environment and Natural
Resources, Quezon City, Philippines. 474 pp.
This publication is made possible in collaboration with Tanggol Kalikasan, Inc., the United States Department of Interior-International
Technical Assistance Program (US DOI-ITAP) Philippine Project, and the Integrated Coastal Resources Management Project (ICRMP),
and by the support of the American People through the United States Agency for International Development (USAID). The contents of
this manual are the sole responsibility of the authors and do not necessarily reflect the views of the CMMO, PAWB, DENR, US-DOI,
USAID or the United States Government.
This publication may be reproduced or quoted in other publications as long as proper reference is made to the source.
Layout and cover design: Walter Lingon
ISBN 978971898684-4

Message by the Secretary of the Department of Environment and Natural Resources


Surrounding our archipelagos 7,100-plus islands are seas incredibly rich with marine life and other economic resources the
worlds center of the center of marine shorefish biodiversity in the Verde Island passage, and the heart of the Coral Triangle,
in the Sulu-Sulawesi corridor.
However, along our 36,289 kilometers of coastline the fourth longest coastline in the world live around 60 percent of our
population of around 95.2 million. Human activities, particularly destructive fishing methods, over-extraction, and those that
generate pollution, subject these marine resources to severe stress.
And although our laws for the protection of these resources have been described internationally as excellent, weak enforcement
has been a cause for concern. The DENR has thus been mobilizing local government units and the citizenry for the protection,
conservation and management of coastal and marine resources. This participatory approach requires that LGUs and citizens
possess not just motivation, also the pertinent knowhow. With this in mind, this Manual on Environmental Law Enforcement in
Coastal and Marine Areas was developed with contributions from other government agencies enforcing environmental laws.
This Manual is a practical tool that will inform LGUs, nongovernmental organizations, peoples organizations and other
community-based stakeholders of relevant laws to help them enforce laws and regulations on coastal and marine resources
protection. This manual also doubles as a handbook for law enforcers in the field, because it features procedure for arrest,
search and seizure, and the filing of cases, apart from illustrative case studies on relevant issues.
We thank Tanggol Kalikasan, Inc. and the United States Department of the Interior for contributing technical assistance and
expertise that made the development and publication of this Manual possible. We also acknowledge the support of the U.S.
Agency for International Development and the Asian Development Bank.
From here, we look forward to seeing copies of this Manual encrusted by salt from the seas, their pages much thumbed and
annotated by users, as evidence of its usefulness in the field.
Mabuhay!

RAMON J.P. PAJE


Secretary

iii

Message by the Secretary of the Department of Agriculture


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

PROCESO J. ALCALA
Secretary

Message by the Secretary of the Department of the Interior and Local Government
The publication of the Manual on Environmental Law Enforcement in Coastal and Marine Areas is a major step towards protecting
and preserving the marine resources of our archipelago as they continue to be beset with internal and external threats.
As late as mid-2011, the Philippines was listed as one of the worlds most bio-diverse places---but intrusive human activities, including
coastal degradation, have made our marine treasures one of the most-threatened in the world. Our mangrove, coral reef, seagrass,
forest, agro, peatland and freshwater ecosystems are on a precipitous decline. The rate of extinction of our indigenous marine species
is said to be 1,000 times the natural rate; and is thus described as a silent crisis.
The Manual is a solid contribution to the determined efforts of the Aquino Administration, and of our present and rising generations, to
begin the difficult task of reversing the trend and infusing real hope in the long process of recovery.
For one, the Manual guides law enforcement officers in spotting violations of environmental laws, and prescribes procedures for arrest,
search, seizure and the filing of cases. Further, it binds all concerned government agencies tasked with protecting the environment, as
well as local coastal communities, which are our partners in this all-important undertaking, to an approach that clearly defines roles and
responsibilities.
Congratulations to Secretary Ramon Paje of the Department of Environment and Natural Resources for this worthy project, and to all
those who spearheaded this enterprise---in particular the Coastal and Marine Management Office of the Protected Areas and Wildlife
Bureau, and Tanggol Kalikasan, Inc.
Mabuhay po tayong lahat!

MAR A. ROXAS
Secretary

Table of Contents
About this Manual

Acknowledgements

iii

Acronyms

List of Laws, Rules and Regulations in the Manual

vii
1

Chapter 1. Laws Applicable to Environmental Law Enforcement in Coastal and Marine Areas
Chapter 2. Government Agency Mandates, Functions & Roles
in Environmental Law Enforcement in Coastal and Marine Areas

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES


B. DEPARTMENT OF AGRICULTURE
C. DEPARTMENT OF JUSTICE
D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
E. DEPARTMENT OF NATIONAL DEFENSE
F. DEPARTMENT OF TRANSPORTATION AND COMMUNICATION
G. DEPARTMENT OF FINANCE
H. OFFICE OF THE PRESIDENT

4
11
13
14
18
19
20
21

Chapter 3. Environmental Laws Possibly Violated by Illegal and Destructive Activities in Coastal and Marine Areas

23

A. Access to Foreshore Areas


B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
D. Mangrove Destruction
E. Mining & Quarrying
F. NIPAS Protected Area Violations
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
H. Upland Deforestation

23
24
24
26
27
29
29
29

I. Water Pollution
J. Wildlife Violations

30
32

Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts

33

A. Access to Foreshore Areas


B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
D. Mangrove Destruction
E. Mining & Quarrying
F. NIPAS Protected Area Violations
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
H. Upland Deforestation
I. Water Pollution
J. Wildlife Violations

33
58
60
96
111
147
155
160
164
213

Chapter 5. Procedural Rules

233

A. Rules of Criminal Procedure for Environmental Cases


B. Basic Rights of the Accused
C. Arrest, Search, Seizure and Detention
D. Investigation, Documentation and Evidence Gathering

233
241
243
255

Chapter 6. Cases

257

A. Access to Foreshore Areas


B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
D. Mangrove Destruction
E. Mining & Quarrying
F. NIPAS Protected Area Violations
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
H. Upland Deforestation
I. Water Pollution
J. Wildlife Violations

257
258
259
265
265
267
268
269
270
272

vii

Annexes

275

Annex 1. Full Provisions of Prohibited Acts in Environmental Laws Applicable to Coastal and Marine Areas

275

A. Fisheries
B. Wildlife
C. Water Pollution
D. Environmental Impact Statement System
E. Forestry
F. Protected Areas
G. Water Code of the Philippines (Presidential Decree 1067)

275
282
283
289
290
291
292

Annex 2. Templates of Forms Used in Environmental Law Enforcement

293

Basic Forms
Fisheries Law Enforcement Forms (RA 8550)
Wildlife Law Enforcement Forms (RA 9147)
Forestry Forms (PD 705) for Mangroves
EMB Forms for Water Sampling

293
303
325
341
344

Annex 3. List of Fishery Administrative Orders Relevant to Coastal and Marine Environmental Law Enforcement

346

Annex 4. Projects Covered by the Environmental Impact Statement System

354

Annex 5. Criminal Procedure Flowcharts

356

1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST


2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS

356
358

Annex 6. Wildlife Law Enforcement Manual Flowcharts

360

1. Investigation Procedure
2.General Surveillance Procedure
3.General Regulatory Monitoring Procedure

360
361
362

4.Serving a Warrant of Arrest


5.Conducting Proper Warrantless Arrest
6.Search with Warrant
7.Apprehension, Seizure and Handling
8.Filing and Prosecution of Cases
9.Administrative Seizure, Confiscation and Disposition
10. Departure of Passengers Carrying Wildlife
11.Arrival of Passengers Carrying Wildlife
12.Arrival of Passengers Carrying Wildlife Based on Advance Information
13.Outgoing and Incoming Cargoes in International Airport and Seaports
14.Incoming Cargoes and there is advance information on transport of wildlife goods
15.Incoming and Transshipment of cargoes at international seaports
and there is advance information of transport of wildlife goods/derivatives
16.Departure of Passengers Carrying Wildlife
17.Arrival of Passengers Carrying Wildlife, Based on Advance Information
18.Outgoing Cargoes
19.Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods
20.Chartered Flights (international and domestic) and there is advance
information/tips on hot wildlife, by-products or its derivatives

363
364
365
367
368
371
372
373
374
375
376
377
378
379
380
381
382

Annex 7. List of threatened wildlife species in accordance with DENR Administrative Order 2004-15

383

Annex 8. List of threatened plants and other wildlife species in accordance with DENR Administrative Order 2007-01

390

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

409

Directory of Key Officials Regional & Provincial Law Enforcement Agencies

416

A. DENR Regional & Provincial Offices


B. Bureau of Fisheries and Aquatic Resources Regional Offices
C. Philippine Coastguard
D. Philippine National Police
E. Philippine Navy

416
439
441
442
443

Index

444

ix

Manual Quick Guide


3. Failure to Comply with Standards

1.

If there is an activity under suspect,


search for it using the clustered
illegal or destructive activities in
The Coastal and Marine Management Office (CMMO) of the Protected
Chapter 3 as a guide.
Areas and Wildlife Bureau (PAWB) of the Department of Environment and
2. Using your selected cluster, look at
4. Fishing
in overexploited
or fishery
management areas
Natural
Resources
(DENR), assisted
by TanggolKalikasan,
Inc., a public interest
the elements of possible violations
environmental law office, in cooperation with the United States Department of
listed under the cluster in Chapter 4
Interior (US-DOI) Philippine Project, developed a Manual on Environmental Law
Enforcement in Coastal and Marine Areas.
to pinpoint the violation.
3. To futher check the correspondence
The Manual aims to provide coastal and marine law enforcers on field
of the activity in #1 with the possible
with an accessible and concise sourcebook of environmental law violations in
violation in #2, go to Annex 1 for the
coastal and marine areas, procedures for arrest, search, seizure and case filing,
5. Fishing without license or necessary permits or not complying with documentary requirements
complete provision of the law.
and common cases on coastal and marine law enforcement.
4. If there is a need for inter-agency
collaboration, refer to Chapter 1 on
The Manual has undergone several drafts subjected to four regional
mandates of agencies.
consultations in Luzon, Visayas and Mindanao (two clustered consultations in
Luzon) and one national consultation. The consultant-participants represented
5. When the violation has been
the various government agencies involved in law enforcement in coastal and
identified, gather the suggested
marine
areas, of
as licensed
well as the
academe
and non-government
organizations.
6. Intrusion
and
unlicensed
commercial fishers
in municipal waters
evidence listed in Chapter 4 on field.
6.
If
guidance is needed on how to
It is expected that law enforcers will be guided in apprehending and
conduct
the investigation, gather
filing cases against violators of environmental laws in the coastal and marine
evidence, and apprehend violators, go
7. Marketing
and buying
illegally-caught
fish
& fishery species
areas
using specific
provisions
in the following
laws:
to Chapter 5. Sample forms are found
Presidential Decree No. 705: Revised Forestry Code of the
in Annex 2.
Philippines, as amended by PD 1559, PD 865, PD 1775, BP Blg. 701,
7. When evidence has been gathered,
BP Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31
forms prepared and inter-agency
Presidential Decree No. 979: Marine Pollution Decree of 1976
collaborations have been made, refer
Presidential Decree 1067: Water Code of the Philippines
back to Chapter 4 on where to file the
Presidential Decree No. 1586: Establishing an Environmental Impact
case.
Statement System, Including Other Environmental Management

About this Manual

Related Measures and for Other Purposes

Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991


Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992
Republic Act No. 7942: The Philippine Mining Act
Republic Act No. 8550: Philippine Fisheries Code of 1998
Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
Republic Act No. 9275: Philippine Clean Water Act
Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
B. Failure to Comply with Report Requirements
The Manual lists down common illegal and destructive activities in the coastal and marine areas and provides options for the
law enforcer in filing cases against the violator. It enumerates the penalties for a violation, identifies elements that make up the
violation, and recommends evidence that the law enforcer must gather to prove these elements and successfully file a case against a
violator. The Manual also provides law enforcers with a basic understanding on the new Rules of Criminal Procedure for Environmental
Cases, general rules on Arrest, Search, Seizure, and Detention, Evidence Gathering, Rules on Evidence and tips on Case Filing.
Illustrative cases are also given to guide law enforcers in satisfying the elements of prohibited acts, apprehending violators
C. and
Illegal
Fishing
filing
cases Activities
in real life. and Dealing in Illegally-Caught Fish or Fishery Products

1. Capture of
eggs
or fry
In breeders,
addition tospawners,
the Manual,
a Field
Guide which consists of Chapters 3 and 4 of the Manual is printed separately to serve as
useful and handy reference for the coastal law enforcers on field covering lists of illegal and destructive activities in coastal and marine
areas, including elements, recommended evidences, penalties, and case venue of prohibited acts.

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

ii

3. Failure to Comply with Standards

Acknowledgments

This Manual is a result of the teamwork of the following authors:


Atty. Mariaor
Generosa
T. Mislang areas
4. Fishing in overexploited
fishery management
Executive Director, Tanggol Kalikasan, Inc.
Glenn M. Forbes
Law Enforcement Director
Tanggol Kalikasan, Inc.
Atty. Marina Rabe-Manuel
5. Fishing without
license
or necessary
permits or
not complying
Area
Director,
Tanggol Kalikasan
Northern
Luzon with documentary requirements
Atty. Rolando R. Recto
Staff Lawyer, Tanggol Kalikasan, Inc.
Atty. Maria Carmela B. Salazar
Staff Lawyer, Tanggol Kalikasan, Inc.
6. Intrusion of licensed
and unlicensed
commercial
in municipal waters
(TK Coordinator
for this Project
& Mainfishers
Editor/Writer)
Atty. RonelyBisquera-Sheen
Representativefish & fishery species
7. Marketing andIn-Country
buying illegally-caught
International Technical Assistance Program
US Department of the Interior (US-DOI)
The CMMO-PAWB-DENR, led by PAWB Director Theresa Mundita S. Lim and CMMO Executive Director Jacob F.
Meimban, Jr., assisted by Supvg. Ecosystems Management Specialist, Angelita P. Meniado, and supported by Ms. Christy
Gempes and Mr. Leroy Salvador, handled project management and coordination.
Officials and technical staff of the DENR, DA and DILG have contributed considerably in the preparation of this Manual.

iii

Technical review and editing were made by the authors with the invaluable participation of other members of the Technical
Working Group: Atty. Emilio D. Vidad of the DENR Legal Service and Atty. Alton Durban, legal consultant of PAWB.
Special mention should also be made of the valuable input of resource persons, who we call consultant-participants, who
willingly shared their time and participation in the regional and national consultations and acted as technical reviewers of several drafts
of the Manual.

B. From
Failure
toDENR:
Comply with Report Requirements
the

DENR Regional Technical Directors for Protected Areas and Wildlife Coastal Zone Management (PAWCZMS)
Chiefs of the Coastal and Marine Management Divisions (CMMD)
Provincial Environment and Natural Resources Officers (PENROs)
Coastal Community Environment and Natural Resource Officers (CENROs)
From the DA:

of Fisheries
and Aquatic
Resources
(BFAR)
C. Bureau
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
Fish or Fishery Products
Provincial Fisheries Officers (PFOs)

1. Capture
breeders, spawners, eggs or fry
From theofDILG:

Coastal Municipality/City/Provincial LGU Representatives


Philippine National Police (PNP)

From the DOTC:


Philippine Coastguard
MARINA
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Philippine Ports Authority
From the DND:
Philippine Navy
Partner PO/NGO Representatives
Academic Institution Representatives

iv

Acronyms
3. Failure to Comply with Standards
A&D
Alienable and disposable
AFP
Armed Forces of the Philippines
BFAR
Bureau of Fisheries and Aquatic Resources
BP
Batas Pambansa
CBFMA
Community-Based
Forest
Management
Agreement
4. Fishing in overexploited
or fishery
management
areas
CENRO
Community Environment and Natural Resources Officer
CIDG
Criminal Investigation and Detection Group
CITES
Convention on International Trade of Endangered Species
CMMO
Coastal and Marine Environment Management Office
CRMP
Community Resource Management Plan
DA
Department of Agriculture
DAO
DENR Administrative Order
5. Fishing without
license orofnecessary
permits
or not Resources
complying with documentary requirements
DENR
Department
Environment
and Natural
DENRO
Deputized Environment and Natural Resources Officer
DILG
Department of Interior and Local Government
DOH
Department of Health
DOJ
Department of Justice
DOST
Department of Science and Technology
DOTC
Department of Transportation and Communications
6. Intrusion of licensed
and unlicensed
fishers in municipal waters
DTI
Department
of Trade andcommercial
Industry
ECC
Environmental Compliance Certificate
ECA
Environmentally Critical Area
ECP
Critical Project
7. Marketing andEnvironmentally
buying illegally-caught
fish & fishery species
EEZ
Exclusive Economic Zone
EIA
Environmental Impact Assessment
EIS
Environmental Impact Statement
EMB
Environmental Management Bureau
EO
Executive Order
FAO
Fisheries Administrative Order

FARMC
Fisheries and Aquatic Resources Management Council
FED
Firearms and Explosives Division
FLA
Foreshore/Fishpond Lease Agreement
FMB
Forest Management Bureau
GPS
Global Positioning System
LGU
Local Government Unit
MAO
Municipal Agriculture Officer
MARINA
Marine Industry Authority
MGB
Mines and Geosciences Bureau
B. NAMRIA
Failure to ComplyNational
with Report
Requirements
Mapping
and Resource Information Authority

NBI
National Bureau of Investigation
ICC
Indigenous Cultural Community
IP
Indigenous People
IPRA
Indigenous Peoples Rights Act
IRR
Implementing Rules and Regulations
NCIP
National Commission on Indigenous Peoples
Nationaland
Integrated
Area System
C. NIPAS
Illegal Fishing Activities
DealingProtected
in Illegally-Caught
Fish or Fishery Products
OG
Official Gazette
PA
Protected Area
1. Capture
of breeders,
spawners,
eggs orBoard
fry
PAB
Pollution
Adjudication
PAMB
Protected Area Management Board
PASu
Protected Area Superintendent
PAWB
Protected Areas and Wildlife Bureau
PCSD
Palawan Council for Sustainable Development
PCG
Philippine Coast Guard
PD
2. Construction
and Presidential
Operation ofDecree
Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO
Provincial Environment and Natural Resources Officer
PNP
Philippine National Police
PWRCC
Palawan Wildlife Rescue and Conservation Center
RA
Republic Act
RED
Regional Executive Director
RPC
Revised Penal Code
SLAPP
Strategic Lawsuit Against Public Participation
WEO
Wildlife Enforcement Officer

vi

List of Laws, Rules and Regulations Used in the Manual


3. Failure to Comply with Standards
Laws
Commonwealth Acts
Commonwealth Act No. 270 as amended by Commonwealth Act No. 641: An Act to Amend Section 21 of the Administrative Code

4. Fishing in overexploited or fishery management areas


Executive Orders
Executive Order No. 192: Reorganization Act of the Department of Environment and Natural Resources
Executive Order No. 292: Administrative Code of 1987
Executive Order 513: Reorganizing the Philippine Ports Authority
Presidential Decrees
Presidential
705: Revised
Forestry
Code or
of not
the Philippines,
amended
by PD 1559,
PD 865, PD 1775, BP Blg. 701, BP
5. Fishing Decree
withoutNo.
license
or necessary
permits
complying as
with
documentary
requirements
Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31
Presidential Decree No. 979: Marine Pollution Decree of 1979
Presidential Decree 1067: Water Code of the Philippines
Presidential Decree No. 1160: Vesting Authority in Barangay Captains to Enforce Pollution and Environmental Control Laws and For
Other Purposes
Presidential Decree No. 1586: Establishing an Environmental Impact Statement System, Including Other Environmental Management
6. Intrusion
of licensed
and unlicensed
Related
Measures
and for Other
Purposes commercial fishers in municipal waters
Republic Acts
7. Marketing
and
buying
illegally-caught
& fishery
Republic
Act No.
157,
as amended
by EO 94 fish
Series
of 1947:species
An Act Creating A Bureau of Investigation, Providing Funds Therefor, And
For Other Purposes
Republic Act No. 6975 as amended by Republic Act No. 8551: Department of the Interior and Local Government Act of 1990
Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991
Republic Act No. 7160: Local Government Code of 1991
Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992

vii

Republic Act No. 7611: Strategic Environmental Plan for Palawan Act
Republic Act No. 7942: The Philippine Mining Act
Republic Act No. 8550: Philippine Fisheries Code of 1998
Republic Act No. 8749: Philippine Clean Air Act of 1999
Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
Republic Act No. 9147: Wildlife Resources Conservation and Protection Resources Act
Republic Act No. 9275: Philippine Clean Water Act
Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 9993: Philippine Coastguard Law of 2009
B. Failure to Comply with Report Requirements
Administrative Orders
DENR Administrative Orders
DAO No. 80, Series of 1987: Regulations Governing the Measurement, Assessment and Payment of Forest Charges on Timber and
Other Forest Products
DAO No. 29, Series of 1992: Implementing Rules and Regulations of Republic Act No. 6969
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
DAO No. 10, Series of 1998: Guidelines on the Establishment and Management of CBFM Projects within Mangrove Areas
DAO No. 40, Series of 1996: Revised Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the
1. Capture
ofMining
breeders,
spawners,
eggs or fry
Philippine
Act of
1995
DAO No. 30, Series of 2003: Implementing Rules and Regulations of Presidential Decree No. 1586, Establishing the Philippine
Environmental Impact Statement System
DAO No. 15, Series of 2004: Establishing the list of Terrestrial threatened species and their categories, and the list of other wildlife
species pursuant to Republic Act No. 9147, otherwise known as the wildlife resources conservation and protection act of 2001
DAO No. 36, Series of 2004: Revised Procedural Manual on Hazardous Waste Management
DAO No. 01, Series of 2007: Establishing The National List Of Threatened Philippine Plants And Their Categories, And The List Of
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Other Wildlife Species
DAO No. 26, Series of 2008: Revised Implementing Rules and Regulations of Republic Act No. 7586 or the National Integrated
Protected Areas System Act
DAO No. 21, Series of 2010: Providing for a Consolidated Department of Environment and Natural Resources Administrative Order for
Implementing Rules and Regulations of Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995"

viii

Fishery Administrative Orders


FAO 222, Seriesof 2003: Regulations on the Operation of Danish Seine (Hulbot-Hulbot)
3. Failure
to Comply
with
Standards
FAO
202, Series
of 2000:
Ban
on Coral Exploitation and Exportation
FAO 200, Series of 2000: Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998
FAO 193, Series of 1998: Ban on the taking or catching, selling, purchasing and possessing, transporting and exporting of Whale
Sharks and Manta Rays
FAO 185-1, Series of 1997: Amending Sections 1 and 2 of FAO No. 185 by adding whales and porpoises in the ban on the taking or
catching,
selling,
purchasing and
transporting
and exporting of Dolphins
4. Fishing
in overexploited
or possessing,
fishery management
areas
FAO 185, Series of 1993: Ban on the taking or catching, selling, purchasing, possessing, transporting and exporting of dolphins
FAO 155, Series of 1986, as amended by FAO 155-1, S. 1994: Regulating the use of fine meshed nets in fishing
Joint Administrative Orders
Joint DENR-DA-PCSD Administrative Order No. 01-04: Implementing Rules and Regulations (IRR) of Republic Act 9147 otherwise
known as the Wildlife Resources Conservation and Protection Act of 2001.

5. Fishing without license or necessary permits or not complying with documentary requirements
Opinions
Department of Justice Opinion No. 23, Series of 1994: Interpreting RA 7161, the prohibition on all types of cutting of mangroves
Supreme Court Administrative Matters
A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Resolutions
Pollution Adjudication Board Resolution No. 01, Series of 2010: Revised Rules of the Pollution Adjudication Board (PAB) On Pleading,
Practice
and Procedure
in Pollution
Cases fish & fishery species
7. Marketing
and buying
illegally-caught

ix

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

Chapter 1.

Laws Applicable to Environmental Law Enforcement


in Coastal
and Marine Areas
3. Failure to Comply
with Standards

The Ecological Solid Waste Management Act of 2000 (Republic Act 9003) is also known as An Act Providing For An
Ecological Solid Waste Management Program, Creating The Necessary Institutional Mechanisms And Incentives, Declaring Certain
Acts Prohibited And Providing Penalties, Appropriating Funds Therefor, And For Other Purposes. It provides the legal framework for
the countrys systematic, comprehensive and ecological solid waste management program to protect public health and the
1 overexploited or fishery management areas
4. Fishing in
environment.
An Act Establishing an Environmental Impact Statement System, Including Other Environmental Management Related
Measures and for Other Purposes (Presidential Decree 1586) established an Environmental Impact Statement System founded and
based on the environmental impact statement (EIS) required, under Section 4 of Presidential Decree 1151, of all agencies and
instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations,
firms and entities, for every proposed project and undertaking significantly affecting environmental quality. 2 The EIS contains the
environmental impact of every proposed action, project or undertaking, its potential adverse environmental effect and alternatives to the
5. Fishing without license or necessary permits or not complying with documentary requirements
proposed activity. 3
The Marine Pollution Decree of 1976 (Presidential Decree 979) embodies the national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine
life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. 4
The Philippine
Act (Republic
Act 7942),
or Anin Act
Instituting
a New System of Mineral Resources Exploration,
6. Intrusion
of licensedMining
and unlicensed
commercial
fishers
municipal
waters
Development, Utilization, and Conservation, governs mineral resource exploration, development, utilization and conservation through
the combined efforts of the government and private sector to enhance national growth while effectively safeguarding the environment
and protecting the rights of affected communities 5.
7. Marketing and buying illegally-caught fish & fishery species
In 1992, the National Integrated Protected Areas System (NIPAS) Act (Republic Act 7586), otherwise known as An Act
Providing for the Establishment and Management of National Integrated Protected Areas System, Defining Its Scope and Coverage,
and for Other Purposes, was enacted. It provided for the classification and administration of outstandingly remarkable areas and
biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, designated as "protected areas." 6 The following categories of protected
areas were established: strict nature reserves, natural parks, natural monuments, wildlife sanctuary, protected landscapes and
seascapes, resource reserves, natural biotic areas, and other categories established by law, conventions or international agreements
to which the Philippine Government is a signatory. 7

The Philippine Clean Water Act of 2004 (Republic Act 9275), or An Act Providing For A Comprehensive Water Quality
Management And For Other Purposes, addressed the long-standing need for abatement and control of water pollution from land-based
sources, water quality standards and regulations, and civil liability and penal provisions for pollution from any source. 8 To achieve its
objective, the law provides for a comprehensive and integrated strategy through a multi-sectoral and participatory approach involving all
the stakeholders. 9
In relation to coastal and marine law enforcement, the Philippine Fisheries Code of 1998 (Republic Act 8550), also known as
An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws
Pertinent Thereto, And For Other Purposes, aims to conserve, protect and sustain management of the country's fishery and aquatic
B. Failure to Comply with Report Requirements
resources and improve productivity of aquaculture within ecological limits. 10 The provisions of this Code is enforced in all Philippine
waters, the country's Exclusive Economic Zone (EEZ) and the continental shelf; all aquatic and fishery resources whether inland,
coastal or offshore fishing areas, including, but not limited to, fishponds, fish pens/cages; and all lands devoted to aquaculture, or
businesses and activities relating to fishery, whether private or public lands. 11
The Revised Forestry Code of the Philippines (Presidential Decree 705) of the Philippines, as amended by PD 1559, PD 865,
PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and 83 O.G. No. 31, regulates the classification, management, and utilization of
ofFishing
the public
domain, and
with Dealing
emphasis
the protection, rehabilitation
andProducts
development of forest lands. 12
C.lands
Illegal
Activities
inon
Illegally-Caught
Fish or Fishery
The Small-Scale Mining Act (Republic Act 7060) or An Act Creating A Peoples Small-Scale Mining Program And For Other
1. Capture of breeders, spawners, eggs or fry
Purposes promotes, develops, protects and rationalizes viable small-scale mining activities to generate employment opportunities and
provide equitable sharing of the nations wealth and natural resources 13.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act 6969) is also known as An Act
To Control Toxic Substances And Hazardous And Nuclear Wastes, Providing Penalties For Violations Thereof, And For Other
Purposes. It regulates, restricts or prohibits the importation, manufacture, processing, sale, distribution, use and disposal of chemical
14
andand
mixtures
that of
present
unreasonable risk
to health
2. substances
Construction
Operation
Fish Corrals/Traps,
Fishand/or
Pens injury
and Fish
Cagesor the environment. It likewise prohibits the entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippines.
In 1976, the Philippine President promulgated the Water Code of the Philippines (Presidential Decree 1067), A Decree
Instituting A Water Code, Thereby Revising And Consolidating The Laws Governing The Ownership, Appropriation, Utilization,
Exploitation, Development, Conservation And Protection Of Water Resources as the basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of water resources and rights to land related to it. 15

The Wildlife Resources Conservation and Protection Act (Republic Act 9147), also known as An Act Providing For The
Conservation And Protection Of Wildlife Resources And Their Habitats, Appropriating Funds Therefor And For Other Purposes, was
promulgated
in Comply
2001 to conserve
and protect wildlife species and their habitats, and regulate the collection and trade of wildlife. 16 The
3. Failure to
with Standards
provisions of the Act are enforceable for all wildlife species found in all areas of the country, including protected areas under the NIPAS
Act, and critical habitats. This Act also applies to exotic species which are traded, cultured, maintained and/or bred in captivity or
propagated in the country. 17 Under this law, the DENR has jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of
Agriculture, on the other hand, has jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited
4. Fishing in overexploited or fishery management areas
to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The Palawan Council for Sustainable Development
(PCSD), pursuant to RA No. 7611 (Strategic Environmental Plan for Palawan Act), is responsible for the application of the law on all
wildlife found in Palawan. 18

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

Chapter 2.

Government Agency Mandates, Functions and Roles


in Environmental Law Enforcement in Coastal and Marine Areas

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Manages and protects the countrys natural resources (EO 292 and Sec. 4, EO 192)

1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)


B. Failure
Comply with
Requirements
a. to
Responsible
for Report
the protection,
development and preservation of national parks, marine parks, game refuges and wildlife
(Sec. 16, EO 192)
b. Responsible for all the national parks, wildlife sanctuaries and game preserves previously managed and administered by the
Ministry of Human Settlements including National Parks reservations situated in the provinces of Bulacan, Rizal, Laguna and
Quezon formerly declared as Bagong Lipunan site of said Ministry, Magat Forest Reservation and Mt. Arayat National Park
(Sec. 16, EO 192)
c. Formulates and recommends policies, guidelines, rules, and regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biospheric
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
reserves (Sec. 18(a), EO 192)
d. Formulates and recommends policies, guidelines, rules, and regulations for the preservation of biological diversity, genetic
1. Capture resources,
of breeders,
spawners,
eggs
or fry flora and fauna (Sec. 18(b), EO 192)
and
endangered
Philippine
e. Prepares an up-to-date listing of endangered Philippine flora and fauna and recommends a program of conservation and
propagation of the same (Sec. 18(c), EO 192)
f.
Assists the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and
provides technical assistance to the regional offices in the implementation of programs for these areas (Sec. 18(d), EO 192)
g. Protects all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians
and dugong (Sec. 4, RA 9147)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
2. FOREST MANAGEMENT BUREAU (FMB)
a. Recommends policies and/or programs for the effective protection, development, occupancy, management, and conservation
of forest lands and watersheds, including mangrove areas (Sec. 13(a), EO 192)
b. Performs other functions as may be assigned by the Secretary and/or provided by law (Sec. 13(f), EO 192)

3. ENVIRONMENTAL MANAGEMENT BUREAU (EMB)


a. Implements the rules and regulations pertaining to the conduct of environmental impact assessment for every project that has
3. Failure
to Comply
Standards
adverse
impactwith
on the
environment (Sec. 16, EO 192)
b.

Keeps an updated inventory of chemicals that are presently being manufactured or used indicating information relevant to the
protection of health and the environment (Sec. 6(a) RA 6969)
c. Conducts inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after
their commercial distribution and makes recommendations to the proper authorities concerned (Sec. 6, RA 6969)
4. Fishing
in overexploited
or fishery
management
areas within said acts and cannot be enjoined except after the chemicals have
d. Confiscates
or impounds
chemicals
found not falling
been impounded (Sec. 6, RA 6969)
e. Monitors and prevents the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country (Sec. 6,
RA 6969)
f.
Subpoenas witnesses and documents and requires other information if necessary to carry out the provisions of RA 6969
(Sec. 6, RA 6969)
g. Calls on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for
assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions (Sec. 6,
5. Fishing
RA without
6969) license or necessary permits or not complying with documentary requirements
h. Disseminates information and conducts educational awareness campaigns on the effects of chemical substances, mixtures
and wastes on health and environment (Sec. 6, RA 6969)
i.
Exercises such powers and perform such other functions as may be necessary to carry out its duties and responsibilities
under RA 6969 and RA 9003 (Sec. 6, RA 6969 and Sec. 8 (h), RA 9003)
j.
Prepares and distribute information, education and communication materials on solid waste management (Sec. 8, RA 9003)
k. Provides technical and other capability building assistance and support to the LGUs in the development and implementation
6. Intrusion
of solid
licensed
and
unlicensedplans
commercial
fishers
in municipal
waters
of local
waste
management
and programs
(Sec.
8, RA 9003)
l.
Recommends policies to eliminate barriers to waste reduction programs (Sec. 8, RA 9003)
m. Exercises visitorial and enforcement powers to ensure strict compliance with RA 9003 and its Implementing Rules and
Regulations
(Sec. 8,
RA 9003)
7. Marketing
and buying
illegally-caught
fish & fishery species
n. Issues rules and regulations to effectively implement the provisions of RA 9003 (Sec. 8, RA 9003)
o. Formulates and implements the Integrated Air Quality Improvement Framework for a comprehensive air pollution
management and control program (Sec. 7, RA 8749)
p. Formulates and implements an air quality control action plan (Sec. 8, RA 8749)
q. Designates non-attainment areas (Sec. 10, RA 8749)
r. Issues and from time to time revises information on air pollution control techniques (Sec. 11, RA 8749)
s. Reviews and/or revises and publishes annually a list of hazardous air pollutants with corresponding ambient guideline values
and/or standard (Sec. 12, RA 8749)

t.

Imposes on and collects regular emission fees from industrial dischargers as part of the emission permitting system or vehicle
registration renewal system, as the case may be (Sec. 13, RA 8749)
u. Administers an air quality management fund (Sec. 14, RA 8749)
v. Issues permits for the prevention and abatement of air pollution ( Sec. 16, RA 8749)
w. Implements emission quotas under the programmatic EIA system (Sec. 17, RA 8749)
x. Reviews, revises, publishes emission standards (Sec. 19, RA 8749)
y. Promotes the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes (Sec. 20,
RA 8749)
B. Failure
Complyrevises
with Report
Requirements
z. to
Reviews,
and publishes
the motor vehicle standards every two (2) years, or as the need arises
aa. In collaboration with the DOTC, DTI and LGUs, develops an action plan for the control and management of air pollution from
motor vehicles consistent with the Integrated Air Quality Framework (Sec. 21, RA 8749)
bb. Issues Certificates of Conformity (CoC) as a requisite to the registration of any imported new or locally-assembled new motor
vehicle to ensure compliance with emission standards set pursuant to the Clean Air Act (Sec. 22, RA 8749)
cc. In coordination with appropriate agencies, formulates and establishes the necessary standards for all mobile sources other
than motor vehicles of this Act (Sec. 25, RA 8749)
dd.Fishing
Publishes
a list of and
substances
are known to cause
harmful
effects
on the stratospheric ozone layer (Sec. 30, RA 8749)
C. Illegal
Activities
Dealingwhich
in Illegally-Caught
Fish or
Fishery
Products
ee. Together with concerned agencies and local government units, prepares and fully implements a national plan consistent with
the United Nations Framework Convention on Climate Change and other international agreements, conventions and
1. Capture protocols
of breeders,
spawners,
or fry
on the
reductioneggs
of greenhouse
gas emissions in the country (Sec. 31, RA 8749)
ff. Establishes an inventory lists of all sources of Persistent Organic Pollutants (POPs) in the country and develop short-term and
long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list (Sec. 32, RA 8749)
gg. Provides the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to
undertake full administration of the air quality management and regulation within their territorial jurisdiction (Sec. 36, RA 8749)
hh. Requires
person who
owns
or operates any
emissions
source
who is subject to any requirement of the Clean Air Act to
2. Construction
andany
Operation
of Fish
Corrals/Traps,
Fish
Pens and
Fish or
Cages
keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 38, RA 8749)
ii. Promotes a continuing air quality information and education campaign together with the Department of Education, Culture
and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and
the Philippine Information Agency (PIA) (Sec. 39, RA 8749)
jj. On its own instance or upon verified complaint by any person, institutes administrative proceedings against any person who
violates: (a) Standards or limitation provided under the Clean Air Act; or (b) Any order, rule or regulation issued by the DENR
with respect to such standard or limitation (Sec. 40, RA 8749)
kk. Together with the DOTC, DTI, DOST, PNP and other concerned agencies and private entities design a training program on
emission standards and regulations for all law enforcement officials and deputized agents (Sec. 46, RA 8749)

ll.

In coordination with National Water Resources Board (NWRB), designates certain areas as water quality management areas
(Sec. 5, RA 9275)
mm. Designates
water
as non-attainment areas, or portions thereof, where specific pollutants from either natural or man3. Failure
to Comply
withbodies
Standards
made sources have already exceeded water quality guidelines for the exceeded pollutants (Sec. 6, RA 9275)
nn. Prepares and implements a program that will not allow new sources of exceeded water pollutant in non-attainment areas
without a corresponding reduction in discharges from existing sources (Sec. 6, RA 9275)
oo. In coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other
concerned government agencies and private sectors, undertakes such measures as may be necessary to upgrade the quality
4. Fishing in overexploited or fishery management areas
of such water in non-attainment areas to meet the standards under which it has been classified (Sec. 6, RA 9275)
pp. Administers a water quality management fund (Sec. 9, RA 9275)
qq. Implements a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial
Centers through the collection of wastewater charges/fees (Sec. 13, RA 9275)
rr. Requires owners or operators of facilities that discharge regulated effluents pursuant to the Clean Water Act to secure a
permit to discharge (Sec. 14, RA 9275)
ss. Conducts containment, removal and clean-up operations, in the event emergency clean-up operations are necessary and the
polluter
fails license
to immediately
undertake
the same
(Sec.
16, RA 9275)
5. Fishing
without
or necessary
permits
or not
complying
with documentary requirements
tt. Requires any person who owns or operates any emissions source or who is subject to any requirement of the Clean Water
Act to keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 23, RA 9275)
uu. Institutes, on its own instance or upon verified complaint by any person, administrative proceedings in the proper forum
against any person who violates: a) Standards or limitations provided by the CWA; or b) By any such order, rule or regulation
issued by the DENR with respect to such standard or limitation (Sec. 30, RA 9275)

Intrusion
licensed and unlicensed
commercial
fishers(EO
in municipal
waters
4. 6.MINES
ANDofGEOSCIENCES
BUREAU (Regional
Offices)
192)
a.

Requires the contractor to remedy any practice connected with mining or quarrying operations, which is not in accordance
with safety and anti-pollution laws and regulations
b. Summarily
suspends
the mining or fish
quarrying
operations,
7. Marketing
and buying
illegally-caught
& fishery
speciesin case of imminent danger to life or property, until the danger is
removed, or appropriate measures are taken by the contractor or permittee
c. Requires Environmental Impact Assessment for mining and quarry projects
d. Requires technical and biological rehabilitation of excavated mined-out, tailings covered and disturbed areas to the condition
of environmental safety
5. POLLUTION ADJUDICATION BOARD (PAB Resolution No. 01, Series of 2010)
a.

Issues orders or decisions to compel compliance with the provisions of the Clean Water Act (then PD 984) and its
implementing rules and regulations only after proper notice and hearing

b.

Makes, alters or modifies orders requiring the discontinuance of pollution specifying the conditions and the time within which
such discontinuance must be accomplished
c. Issues, renews, or denies permits, under such conditions as it may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal system or parts thereof
d. Serves as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution
e. Deputizes in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of
enforcing the Clean Water Act (then PD 984) and its implementing rules and regulations and the orders and decisions of the
Commission [now PAB]
B. Failure
Comply such
with Report
f. to
Exercises
powers Requirements
and perform such other functions as may be necessary to carry out its duties and responsibilities
under this Decree
g. Issues to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be
necessary for the enforcement of such decisions or orders
h. Promulgates rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of the
Department
i.
Recommends to the DENR Secretary the imposition of fines for acts of omission prohibited under Section 27 of the Clean
Water Act
(CWA) and Dealing in Illegally-Caught Fish or Fishery Products
C. Illegal Fishing
Activities
j.
Recommends to the DENR Secretary the issuance of Cease and Desist Oder for acts and omission prohibited under Section
27 of the CWA
1. Capture
of breeders, spawners,
eggs or fry of development or construction, or cessation of operations, or where appropriate,
k. Recommends
closure, suspension
disconnection of water supply under Sec. 28 of the CWA
l.
Recommends filing of criminal charges against violators of acts prohibited by Sec. 28 of the CWA
m. Recommends to the DENR Secretary that the Local Water District or private water supplier be formally requested to
disconnect its water services to the violator of the CWA
n. Revokes or suspends a discharge permit
o. Determines
liability forofclean-up
2. Construction
and Operation
Fish Corrals/Traps, Fish Pens and Fish Cages
6. DENR FIELD OFFICES WHICH REFER TO THE REGIONAL, PROVINCIAL AND COMMUNITY OFFICES (SEC. 20, EO 192)
a.
b.
c.

Implement laws, policies, plans, programs, projects, rules and regulations of the DENR to promote the sustainability and
productivity of natural resources, social equity in natural resource utilization and environmental protection
Coordinate with regional offices of other departments, offices, agencies in the region and local government units in the
enforcement of natural resource conservation laws and regulations, and in the formulation/implementation of natural
resources programs and projects
Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development
plans for the conservation, utilization and replacement of natural resources

d.

Perform other functions as may be assigned by the Secretary and/or provided by law

Failure to Comply
with Standards BOARD (PAMB) (RA 7586)
7. 3.
PROTECTED
AREA MANAGEMENT
a.

Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11, RA
7586)
b. Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the Manual
4. Fishing
in overexploited
or fishery management
areas
of Operations
for the management
of the protected
area (Rule 12, DAO 2008-26)
c. Facilitates the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
d. Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and Protection
Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
e. Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 2008-26)
f.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
ADSDPP (Rule 12, DAO 2008-26)
5. Fishing
without
or necessary
permits
complying
with
documentary
requirements
g. Monitors
andlicense
assesses
the performance
of or
thenot
PASu
and other
protected
area personnel
and compliance of partners to the
terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
h. Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCs/IPs but
excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
i.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
8. 6.
PROTECTED
SUPERINTENDENTS
(PASU) (DAO
2008-26)
Intrusion of AREA
licensed
and unlicensed commercial
fishers
in municipal waters
a.

Primarily accountable to the PAMB and the DENR for the implementation of the Management Plan and operations of the
protected area
b. Enforces rules and regulations to protect the area from trespassing, damage, vandalism and illegal occupancy
7. Marketing
and
fish
speciesitems
c. In cases
ofbuying
seizure,illegally-caught
assumes custody
of &
thefishery
apprehended
d. Issues permits for the use of facilities and amenities except for those considered as special uses as defined under the Order
e. Issues certification whether the proposed activity or project is allowable or not within the management zones
f.
Issues cutting permit for planted trees for a volume of up to five (5) cubic meters per applicant per year for traditional and
subsistence uses by ICCs/IPs and tenured migrants only. Provided, that: (a) Protected Area Community-Based Resource
Management Agreement (PACBRMA) holders with affirmed Community Resource Management Plan (CRMP) shall no longer
be issued cutting permits; and (b) The total volume of extraction does not exceed the limit set by the PAMB and the location
of extraction is within the appropriate site within the multiple use zone.

g.

Issues Certificate of Origin and/or transport permits for natural resources and other products collected/gathered from the
protected area in accordance with the resource use instruments/ agreements or gratuitous permits issued by the PAMB
and/or the DENR
h. Collects and/or receives pertinent fees, charges, donations and other income for the protected area. Provided, that such fees,
charges, donations and other income collected/received shall be reported regularly to the PAMB in accordance with the
existing guidelines
i.
Prepares and recommends to the PAMB approval of the annual work and financial plans of the protected area based on the
Integrated Protected Area Plan (IPAP) or the Management Plan
j.
Develops management information system to ensure that relevant and updated information are available for planning,
B. Failure to
Comply with
Report Requirements
monitoring
and decision-making
k.

Performs other relevant functions that the RED or PAMB may delegate

9. OFFICIALS, TECHNICAL PERSONNEL AND FOREST GUARDS EMPLOYED IN THE INTEGRATED PROTECTED AREA
SERVICE OF THE DENR OR ALL PERSONS DEPUTIZED BY THE DENR TO WORK INSIDE THE PROTECTED AREA
a. Investigate and search premises and building and make arrests in accordance with the rules on criminal procedure for the
violation of laws and regulations relating to protected areas. Persons arrested shall be brought to the nearest police precinct
C. Illegal Fishing
Activities(Sec.
and Dealing
in Illegally-Caught
Fish or Fishery Products
for investigation.
18, NIPAS
Act)

1. 10.
Capture
of breeders,
spawners,
eggs or fry
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest, even without warrant, any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations Assist in the conduct of surveillance and
monitoring
of wildlife-related
2. Construction
and Operation
of Fishactivities
Corrals/Traps, Fish Pens and Fish Cages
d. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
the appropriate official designated by law to conduct preliminary investigation Deliver within reasonable time to the nearest
CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices or PCSDS Management Office for custody
all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in the
commission of the crime, including corresponding reports
e. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators Prosecute cases before
Municipal Trial Courts in areas where there are no prosecutors Submit monthly accomplishment reports to the concerned field
offices with jurisdiction over their area of operations Coordinate with other law enforcement agencies for security reasons, if
necessary

10

f.

Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
3. Failure to Comply with Standards
11. WILDLIFE TRAFFIC MONITORING UNITS (Rule 33.2, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a.

Ensure strict compliance and effective implementation of existing wildlife laws, rules and regulations, including CITES at
strategic air and seaports (Rule 33.1, Joint DENR-DA-PCSD Administrative Order No. 01-04)
b. Enforce existing wildlife laws, rules and regulations and such other orders or regulations promulgated thereunder for the
4. Fishing
in overexploited
or and
fishery
protection
of wild fauna
floramanagement areas
c. Inspect and verify shipments of wildlife, its by-products and derivatives for export, re-export, import and local transport
d. Seize and confiscate illegally collected, possessed and traded wildlife, by-products and derivatives in favor of the government
or refuse clearance when there are reasonable grounds to believe that existing wildlife laws, rules and regulations, or the
CITES have been violated
e. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
f.
Coordinate with the customs officers and/or other government authorities at the air or seaports in the performance of their
5. Fishing
without
license or necessary permits or not complying with documentary requirements
duties
and responsibilities
g. Conduct investigation and receive evidence regarding the commission of any of the offenses defined under RA 9147 or this
Order within their area of assignment, whether or not the offense was committed in their presence
h. Turn-over confiscated wildlife, by-products or derivatives to designated Wildlife Rescue Centers nearest their post or station
i.
Promote and disseminate information on the conservation and protection of wildlife
B.6.DEPARTMENT
OF AGRICULTURE
Intrusion of licensed
and unlicensed commercial fishers in municipal waters

Protects all declared aquatic critical habitat, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)

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


1. BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR)
a.
b.
c.
d.

Enforces all laws governing the conservation and management of fishery resources, except in municipal waters (Sec. 65, RA
8550)
Formulates and enforces all rules and regulations governing the conservation and management of fishery resources, except
in municipal waters (Sec. 65, RA 8550)
Settles conflicts respecting resource use and allocation (Sec. 65, RA 8550)
Issues licenses for the operation of commercial fishing vessels (Sec. 65, RA 8550)

11

e.

DA officials and field personnel assigned in the law enforcement units of the said agency Their wildlife law enforcement
function covers all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)

2. FISHERIES INSPECTION AND QUARANTINE SERVICE


a.

Conducts fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the
country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or disease
shall be confiscated and disposed of in accordance with environmental standards and practices. (Sec. 67(a), RA 8550)
b. to
Implements
international
agreements/commitments on biosafety and biodiversity (Sec. 67(b), RA 8550)
B. Failure
Comply with
Report Requirements
c. Prevents the movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the
country (Sec. 67(b), RA 8550)
d. Quarantines such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases
(Sec. 67(c), RA 8550)
e. Prevents the movement or trade from and/or into the country of products mentioned in immediately preceding paragraphs so
prohibited or regulated under existing laws, rules and regulations, as well as international agreements of which the Philippines
is a State Party (Sec. 67(c), RA 8550)
C. Illegal
Activities
Dealingproducts
in Illegally-Caught
Fish
or Fishery
Products
f. Fishing
Examines
all fish and fishery
coming into or
going
out of the
country which may be a source or medium of fish pests
or diseases and/or regulated by existing fishery regulations (Sec. 67(d), RA 8550)
g. Documents
authorizes
theormovement
or trade of fish and fishery products when found free of fish pests or diseases
1. Capture
of breeders,and
spawners,
eggs
fry
(Section 67(e), RA 8550)
3. MUNICIPAL/CITY OR INTEGRATED FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
1.

Assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters (Sec. 74, RA 8550)

BUREAU OFand
PLANT
INDUSTRY
2. 4.
Construction
Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages
i.
Recommends plant quarantine policies, and prescribes rules and regulations for the prevention, control, and eradication of
pests, diseases, and injuries to plants and plant products (Book IV, Title IV, Chapter 4, Section 19.3, EO 292)
5. PLANT QUARANTINE OFFICERS (Title IV, Chapter 5, Section 34, EO 292)
a.
b.

Inspect all carriers, passengers, crew, luggage and incoming mails to determine the presence of plants, plant products and
other materials capable of harboring plant pests as well as potential animal pests
Enter into and inspect any and all areas where plants, plant products and other materials capable of harboring plant pests are
landed, stored or grown

12

c.

Examine imported plants, plant products, and other materials capable of harboring plant pests as well as potential animal
pests and administer necessary measures to insure effective implementation of the provisions of Chapter 5, Title 4 of EO 292
d. Inspect,
administer
3. Failure
to Comply
with treatment
Standardsand certify plants, plant products and other related materials intended for export, if the importing
country so requires
e. Confiscate and destroy or refuse entry of plants, plant products and potential animal pests involved in prohibited importations
and deny inspection certification or clearance of the same
6. 4.
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint
Fishing in
overexploited or
fishery management
areasDENR-DA-PCSD Administrative Order No. 01-04)
a.

Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
d. Assist in the conduct of surveillance and monitoring of wildlife-related activities
e. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
5. Fishing
license
or designated
necessary by
permits
not complying
documentary requirements
the without
appropriate
official
law to or
conduct
preliminarywith
investigation
f.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices
or PCSDS Management Office for custody all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools,
equipment and conveyances used in the commission of the crime, including corresponding reports
g. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
h. Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
i.
Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations
6. Intrusion
of licensed
and law
unlicensed
commercial
in municipal
j.
Coordinate
with other
enforcement
agenciesfishers
for security
reasons, waters
if necessary
k. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
7. Marketing and buying illegally-caught fish & fishery species
C. DEPARTMENT OF JUSTICE

Acts as both the legal counsel and prosecution arm of the government (Title III, Sec.1, EO 292)
Administers the criminal justice system in accordance with the accepted processes consisting in the investigation of the
crimes, prosecution of offenders, and administration of correctional system (Title III, Sec. 1, EO 292)

1. NATIONAL BUREAU OF INVESTIGATION (NBI) (Republic Act No. 157, as amended by EO 94 series of 1947)
a.
b.

Detects and investigates crimes


Acts as a national clearing house of criminal records and other information

13

c.
d.
e.

Gives technical assistance to all prosecuting and law enforcement agencies, the courts, and party litigants
Coordinates with other national or local police agencies in the investigation of crimes
Collects intelligence data and coordinates with other intelligence agencies, including Interpol

D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

Promotes peace and order, ensures public safety and further strengthens local government capability aimed towards the
effective delivery of basic services to the citizenry (Sec. 2, RA 6975, as amended by RA 8551)

B.1.Failure
to Comply
with Report
Requirements
PHILIPPINE
NATIONAL
POLICE
(Sec. 24, RA 6975)
a.

Investigates and prevents crimes, effects the arrest of criminal offenders, brings offenders to justice and assists in their
prosecution
b. Exercises the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws
c. Detains an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his
rights under the Constitution
d. Fishing
Performs
such other
and
all other
functions
as may
be provided by law, such as the National Integrated
C. Illegal
Activities
and duties
Dealing
in exercises
Illegally-Caught
Fish
or Fishery
Products
Protected Area System Act and Wildlife Resources Conservation and Protection Act

1. Capture of breeders, spawners, eggs or fry


2. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG)
a. Monitors and prevents all crimes involving economic sabotage and other crimes of such magnitude and extent as it indicates
the commission by highly placed or professional criminal syndicate and organization
b. Investigates all major crimes involving the violation of the Revised Penal Code and operates against organized crime groups,
unless the President assigns the case exclusively to the National Bureau of Investigation
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
3. MARITIME POLICE UNIT (PNP Maritime group or PNP-MARIG)

Performs all police functions over Philippine territorial waters and rivers (Sec. 35, par. b[1], RA 6975)

4. THE LOCAL GOVERNMENT UNITS


a. Punong Barangay (Barangay Head)
i.
Enforces all laws and ordinances applicable to the barangay, including laws and regulations relating to the pollution
control and environmental protection (sec. 389, par. b[1], RA 7160)

14

ii.

Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
(PD Standards
1160)(harmonize this with Sec. 124 of RA 8550)
3. Failure toconditions
Comply with
b. Sangguniang Barangay (Barangay Council)
i.
Enacts ordinances that promote the general welfare of its inhabitants (Sec. 391, par. 1, RA 7160)
ii.
Assists the Punong Barangay in the performance of his/her functions (Sec. 392, par. a & b, RA 7160)
4. Fishing
inActs
overexploited
or fishery
iii.
as peace officers
in themanagement
maintenance areas
of public order and safety (Sec. 392, par. a & b, RA 7160)
iv.
Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
conditions (PD 1160)
c. The Municipal/City Government
i.
Serves as a general purpose government that coordinates and delivers basic, regular and direct services to inhabitants
within its
territorial
jurisdiction permits
through or
effective
governance
440 & 488,
RA 7160). Such basic services include
5. Fishing without
license
or necessary
not complying
with(Sec.
documentary
requirements
extension and on-site research services and facilities related to agriculture and fishery activities (Sec. 17, par. b[2] [i], RA
7160)
ii.
Has the primary jurisdiction over municipal waters (See Rights and Responsibilities of LGUs over municipal waters.)
d. Municipal/City Mayors
i.
Enforce all laws and ordinances applicable to the governance of the municipality/city (Sec. 444, [b][2] & Sec. 455 [b][2]),
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
RA 7160)
ii.
Adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality/city
(Sec. 444, par.3[vii] & Sec. 455 par. b[3][vii], RA 7160)
iii.
Represent
NAPOLCOM,
and exercise
operational
supervision and control over PNP units in their respective jurisdictions,
7. Marketing
and buying
illegally-caught
fish & fishery
species
subject to certain exceptions (RA 6975)
iv.
As chair of the local peace and order council, develop and establish integrated area/community public safety plans for
implementation by PNP stations (RA 6975)
v.
Choose the chief of police from a list of 5 eligibles recommended by the provincial police director, preferably from the
same province, city or municipality (RA 6975)
vi.
Administer oaths (CA 270, as amended by CA 641)

15

e. Sangguniang Bayan/Panlungsod (Municipal/City Council)


i.

Enacts ordinances, approve resolutions and appropriate funds for the general welfare of the municipality/city and its
inhabitants (Sec. 447, par. a & Sec. 448 par. a, RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 447, par. a[1][vi] & Sec. 458 par. a[5][i], RA 7160)
iii.
Provides for the establishment, maintenance, protection and conservation of mangroves (Sec. 447, par. a[5][i] & Sec.
458 par. a[5][i]), RA 7160)
iv.
Authorizes the establishment, maintenance and operation of ferries, wharves and other structures, and marine and
seashore
offshore
activities intended to accelerate productivity (Sec. 447, par. a & Sec. 458 par. a, RA 7160,)
B. Failure to Comply
withorReport
Requirements
v.
Grants the exclusive privilege of constructing fish corrals or fishpens, or the taking of bangus fry, prawn fry or kawagkawag, or fry of any species of fish within municipal waters (Sec. 447, par. a[2][xi] & Sec. 458 par. a[2][xi], RA 7160)
f. City/Municipal Agriculturist (MAO)
Provides support to the Mayor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482, par.
b[1], RA 7160)
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
g. City/Environment and Natural Resources Officer (CENRO)
1. Capturei. of breeders,
or fry to ensure delivery of basic services and facilities involving environment and natural
Providesspawners,
support to eggs
the Mayor
resources services (Sec. 484, par. b[1], RA 7160)
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)

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


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

Enforces all laws and ordinances related to the governance of the province (Sec. 465, par. b[2], RA 7160)
Ensures that the acts of the component cities and municipalities of the province and of its officials and employees are
within the scope of their prescribed powers, duties and functions (Sec. 465, par. b[2][1], RA 7160)
Adopts adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province,
in coordination with the Mayors of the component cities and municipalities (Sec. 465, par. b[3][v], RA 7160)

16

iv.
Represents the NAPOLCOM (RA 6975)
v.
Chooses the Provincial Director of the provincial police force from the list of 3 candidates recommended by the PNP
(RA 6975)
3. Failure toRegional
Comply Director
with Standards
vi.
As chair of the provincial peace and order council, oversees the implementation of the provincial public safety plan,
which considers the integrated community safety plans prepared at the municipal/city level (RA 6975)
j. Sangguniang Panlalawigan (Provincial Council)
4. Fishing
inEnacts
overexploited
or fishery
areas
i.
ordinances,
approvemanagement
resolutions and
appropriate funds for the general welfare of the province and its inhabitants
(Sec. 468, [a], RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 468, [a][1][v], RA 7160)
iii.
Enacts ordinances against pollution and for preservation of the natural ecosystem in the province, in consonance with
the approved standards on the human settlements and environmental sanitation (Sec. 468, [a][4][i], RA 7160)
k. Provincial Agriculturist
5. Fishing without license or necessary permits or not complying with documentary requirements

Provides support to the Governor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482,
[b][1], RA 7160)
l. Provincial Environment and Natural Resources Officer (PGENRO)
i.
Provides support to the Governor to ensure delivery of basic services and facilities involving environment and natural
resources services (Sec. 484, par. b[1], RA 7160)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
m. Legal Officer (Sec. 481, par. c, RA 7160)
7. Marketing and buying illegally-caught fish & fishery species
i.
Represents the province in all civil actions and special proceedings documents Drafts ordinances, contracts and other
legal documents
ii.
Renders opinions on any question of law, whenever required by the Governor, Mayor or the Sanggunian
iii.
Review and submit recommendations on ordinances approved and executive orders issued by component units
n. As PAMB Member
i.

Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11,
RA 7586)

17

ii.

Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the
Manual of Operations for the management of the protected area (Rule 12, DAO 2008-26)
iii.
Facilitate the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
iv.
Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
v.
Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 200826)
vi.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
B. Failure to Comply
with(Rule
Report
ADSDPP
12, Requirements
DAO 2008-26)
vii.
Monitors and assesses the performance of the PASu and other protected area personnel and compliance of partners to
the terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
viii.
Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCsAPs
but excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
ix.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
DEPARTMENT
OF NATIONAL
DEFENSE
(EO 292, BookFish
IV, Title
VIII) Products
C.E.
Illegal
Fishing Activities
and Dealing
in Illegally-Caught
or Fishery

Maintains law and order throughout the country


1. Capture
of breeders,
spawners,
eggs
orbe
fryprovided for by law

Performs
other
functions as
may
1. ARMED FORCES OF THE PHILIPPINES
Responsible in promoting and advancing the national aims, goals and interests and policies (Book IV, Title VIII, Chapter 6,
Sec. 33.2, EO 292)

In charge with the performance of other functions as may be provided by law or assigned by higher authorities (Book IV, Title
2. Construction
and Operation
of Fish
Fish Pens and Fish Cages
VIII, Chapter
6, Sec. 33.4,
EOCorrals/Traps,
292)

a. Philippine Army
i.
Responsible for the conduct of operations on land, in coordination with the other Major Services (Title 8, Subtitle 2,
Chapter 8, Sec. 48, EO 292)
ii.
Prepares units as may be necessary for the effective prosecution of the armed forces missions, which may include
environmental protection concerns (Title 8, Subtitle 2, Chapter 8, Sec. 48, EO 292)

18

b. Philippine Navy (PN)


i.
Enforces law and regulations pertaining to among others, quarantine and fishing (Title 8, Subtitle 2, Chapter 8, Sec.
3. Failure to53.4,
Comply
with Standards
EO 292)
ii.

iii.

Enforces RA 8550, as well as other fishery laws, rules and regulations such as Wildlife Resources Conservation and
Protection Act, insofar as aquatic and marine species are concerned (Sec. 124, RA 8550)
Performs such other functions as may be provided by law or assigned by higher authorities (Title VIII, Sec. 53.6, EO 292)

Fishing in overexploited
or fishery management
areas
F.4.
DEPARTMENT
OF TRANSPORTATION
AND COMMUNICATION
(Book IV, Title XV, Chapter 1, Section 2, EO 292)

In charge of the promotion, development and regulation of dependable and coordinated networks of transportation and
communications systems as well as in the fast, safe, efficient and reliable postal, transportation and communications services

1. PHILIPPINE COAST GUARD


a. Enforces RA 8550, as well as other fishery laws, rules and regulations (Sec. 124, RA 8550)
b. Assists in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human
5. Fishing
withoutdangerous
license or drugs
necessary
permits orchemicals,
not complying
with documentary
trafficking,
and controlled
transnational
crimes and requirements
other applicable laws within the maritime
jurisdiction of the Philippines
c. In coordination with DA and the DENR, shall enforce for the enforcement of water quality standards in marine waters, set
pursuant to the Clean Water Act, specifically from offshore sources (Sec. 2(a), RA 9275)
d. Boards and inspects all types of merchant ships and watercrafts in the performance of this functions (Sec. 3 (m), RA 9993)
e. Enforces laws and promulgate and administers rules and regulations for the protection of marine environment and resources
from offshore sources or pollution within the maritime jurisdiction of the Philippines (Sec. 3 (n), RA 9993)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
f.
Develops oil spill response, containment and recovery capabilities against ship-based pollution (Sec. 3 (o), RA 9993)
g. Grants, within the capabilities and consistent with its mandate, requests for assistance of other government agencies in the
performance of their functions (Sec. 3 (p), RA 9993)
7. Marketing and buying illegally-caught fish & fishery species
2. PHILIPPINE PORTS AUTHORITY
a.
b.

Provides security to cargoes, port equipment, structure, facilities, personnel and documents. In ports of entry, physical
security to import and export cargoes shall be exercised jointly with the Bureau of Customs (Sec. 2(a), EO No. 513)
Enforces rules and regulations promulgated by the Authority pursuant to law (Sec. 2(e), EO No. 513)

3. MARINE INDUSTRY AUTHORITY (MARINA)


a.

Oversees the promotion and development of the maritime industry

19

b.
c.
d.
e.
f.

Oversees the effective regulation of shipping enterprises, and the establishment of routes, zones or areas of operation of
public water services
In charge of vessel registration, including issuance of licenses, certificates and related documents
Ensures safety in vessel construction and operations
Licenses qualified seamen and harbor, bay and river pilots
Enforces maritime law

4. MANILA INTERNATIONAL AIRPORT AUTHORITY


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

In charge of the formulation, institutionalization and administration of fiscal policies, in coordination with other concerned
subdivisions, agencies and instrumentalities of the government
1. Capture of breeders, spawners, eggs or fry

Responsible for the generation and management of the financial resources of government, ensuring that said resources are
generated and managed judiciously and in a manner supportive of development objectives
1. BUREAU OF CUSTOMS (Book IV, Title 2, Chapter 4, Sec. 23, EO 292)
a. Prevents and suppresses smuggling, pilferage and all other economic frauds within all ports of entry
b. Supervises and controls exports, imports, foreign mails, and the clearance of vessels and aircrafts in all ports of entry
2. Construction
andand
Operation
of Fish
Corrals/Traps,
Pens
and Fish
c. Prevents
prosecutes
smuggling
and otherFish
illegal
activities
in allCages
ports under its jurisdiction
d. Performs such other functions as may be provided by law
2. INTELLIGENCE GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a.
b.

Regularly and consistently gathers intelligence information related to customs and economic activities for proper
dissemination to the Customs offices concerned
Conducts internal inquiry and investigation which may serve as the basis for prosecution

20

3. ENFORCEMENT GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a. Exercises police authority conferred by the Tariff and Customs Code or other laws, which include the enforcement of seizures
3. Failure
Comply with
Standards
andtoforfeitures
and the
imposition of penalties and fines.
4. COLLECTION DISTRICTS, UNDER WHICH ARE SUBPORTS. Collection districts are headed by District Collector, while
subports are headed by Port Collector. (Title 2, Chapter 4, Sec. 26.3, EO 292)
a. Supervise the entrance and clearance of vessels and aircrafts engaged in foreign commerce
4. Fishing in overexploited or fishery management areas
b. Supervise all import and export cargoes landed and/or stored in piers, airports, terminal facilities, yards and freight stations
H. OFFICE OF THE PRESIDENT
1. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (RA 8371)
a. Processes, in accordance with law and duly established rules, regulations and/or guidelines, the Free and Prior Informed
Consent (FPIC) of the ICCs/IPs from whose ancestral domain/land the activities that have environmental impacts, such as
natural
resource
extraction
and bioprospecting,
arecomplying
undertakenwith
by any
person, upon
endorsement of the regulating agency.
5. Fishing
without
license
or necessary
permits or not
documentary
requirements
2. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) (RA 7611)
a.
b.

Formulates plans and policies as may be necessary to carry out the provisions of this Act
Coordinates with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans,
programs and policies of the SEP
c. Calls on any department, bureau, office, agency or instrumentality of the Government, and on private entities and
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
organizations for cooperation and assistance in the performance of its functions
d. Arranges, negotiates for, accepts donations, grants, gifts, loans, and other fundings from domestic and foreign sources to
carry out the activities and purposes of the SEP
e. Recommends
to the
Congress of the
Philippines
matters that may require legislation in support of the objectives of the
7. Marketing
and buying
illegally-caught
fish
& fisherysuch
species
SEP
f.
Delegates any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions
of law cannot be delegated
g. Establishes policies and guidelines for employment on the basis, of merit, technical competence and moral character and
prescribe a compensation and staffing pattern
h. Adopts, amends and rescinds such rules and regulations and impose penalties therefore for the effective implementation of
the SEP and the other provisions of RA 7611
i.
Enforces the provisions of RA 7611 and other existing laws, rules and regulations similar to or complementary with RA 7611

21

j.

Performs related functions which shall promote the development, conservation, management, protection, and utilization of the
natural resources of Palawan
k. Performs such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of
RA 7611
l.
As Wildlife Enforcement Officers (Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule 30.4)
i.
Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest
and detention (Sec. 30, RA 9147)
ii.
Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
iii.
Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any
B. Failure to Complyofwith
Report Requirements
the offenses
provided under the Act and other relevant laws, rules and regulations
iv.
Assist in the conduct of surveillance and monitoring of wildlife-related activities
v.
Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper
complaint with the appropriate official designated by law to conduct preliminary investigation
vi.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR
Regional/Provincial Offices or PCSDS Management Office for custody all confiscated wildlife, their parts, byproducts and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime,
includingand
corresponding
reports
C. Illegal Fishing Activities
Dealing in Illegally-Caught
Fish or Fishery Products
vii.
Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
viii.
Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
1. Capture of ix.
breeders,
spawners,
or fry
Submit
monthly eggs
accomplishment
reports to the concerned field offices with jurisdiction over their area of operations
x.
Coordinate with other law enforcement agencies for security reasons, if necessary
xi.
Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative
from time to time

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

22

Chapter 3.

Environmental Laws Possibly Violated by Illegal and Destructive Activities


in Coastal and Marine Areas

3. Failure to Comply with Standards

Listed below are 24 common illegal and destructive activities that devastate coastal and marine areas and the resources in it.
These are clustered into Access to Foreshore Areas, Failure to Comply with Report Requirements, Illegal Fishing Activities and Dealing
in Illegally-Caught Fish or Fishery Products, Mangrove Destruction, Mining and Quarrying, NIPAS Protected Area Violations,
Obstruction to Regulatory Inspection and Disregard of Lawful Orders, Upland Deforestation, Water Pollution, and Wildlife Violations.
4. Fishing
in overexploited
fishery
management
areas in environmental laws that are possibly violated or committed by the
Also
listed under
each activityorare
prohibited
acts provided
person/s carrying out the activity. These prohibited acts are further broken down into elements and recommended evidence in the next
chapter. For a full statement of the provisions, see Annex 1.
A. Access to Foreshore Areas
1. 5.
Obstruction
to thelicense
Use and
Foreshore
Areas
Fishing without
orEnjoyment
necessary of
permits
or not
complying with documentary requirements

Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)

Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)

Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)

Overstaying or building structures in easement areas (Sec. 51, PD 1067)

Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)

Unauthorized
issuance
of tax declaration
(Sec. 85,
PD 705)
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters

2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
7. Marketing and buying illegally-caught fish & fishery species

Conversion of mangroves (Sec. 94, RA 8550)

Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to Sec.
11.1 of DENR DAO 80, Series of 1987)

Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)

Obstruction of Defined Migration Paths (Sec. 105, RA 8550)

Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)

Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)

Violation of Marine Pollution Decree (Sec. 28, par. 5, RA 9275 in relation to Sec. 4 (c), PD 979)

Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275, in relation to Sec. 4(b), PD 979)

23

Undertaking project without ECC (Sec. 4, PD 1586)


Violation of EMB Rules on EIA (Sec. 9, PD 1586)
Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)
Overstaying or building structures in easement areas (Sec. 51, PD 1067)
Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)
Unauthorized issuance of tax declaration (Sec. 85, PD 705)

B. Failure to Comply with Report Requirements


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

Refusal or failure to submit reports whenever required by the Department in accordance with the Clean Water Act (Sec. 27
(m), RA 9275)
Failure or refusal to submit reports, notices or on the information, access to records as required by this Act, or permit
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)

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


C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of breeders, spawners, eggs or fry
1. Capture
of breeders,
spawners,
eggs
or fry

Capture
of sabalo,
and other
breeders/spawners
(Sec. 98, RA 8550)

Exporting of breeders, spawners, eggs or fry (Sec. 99, RA 8550)

Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities (Section 86, par 1, RA 8550)

Importation or exportation of fish or fishery species (Sec. 100, RA 8550)


2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and Operation
of FishofCorrals/Traps,
Fish Fish
PensPens
and and
FishFish
Cages

Construction
and Operation
Fish Corrals/Traps,
Cages (Sec. 103 (e), RA 8550)

Obstruction to navigation or flow and ebb of tide in any stream, river or lake (Sec. 103 (d), RA 8550)
Obstruction of Defined Migration Paths (Sec. 105, RA 8550)
Aquatic pollution - Unsound agricultural practices: use of banned chemicals and use of artificial fish feed causing similar
hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)

24

3. Failure to Comply with Standards

Failure to comply with minimum safety standards (Sec. 103 (a), RA 8550)
3. Failure
to Comply
with Standards

Commercial
Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)

Violation of catch ceilings (Sec. 101, RA 8550)


4. Fishing in overexploited or fishery management areas

Unauthorized fishing by commercial fishing vessel (Sec. 86, par 3, RA 8550)


4. Fishing in overexploited or fishery management areas

Poaching in Philippine Waters (Sec. 87 , RA 8550)

Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas (Sec. 90, RA 8550)

Fishing in overfished area and during closed season (Sec. 95, RA 8550)

Fishing in fishery reserves, refuge and sanctuaries (Sec. 96, RA 8550)


5. Fishing without license or necessary permits or not complying with documentary requirements

Unauthorized fishing or engaging in other unauthorized fisheries activities (Sec. 86, par. 1, RA 8550)
5. Fishing without license or necessary permits or not complying with documentary requirements

Poaching in Philippine waters (Sec. 87, RA 8550)

Unauthorized commercial fishing within municipal waters (Sec. 86, par 5, RA 8550)

Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters

Unauthorized commercial fishing within municipal waters (Sec 86, par 1, in relation to Sec. 18, RA 8550)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
7. Marketing and buying illegally-caught fish & fishery species

Possession, dealing in, selling or in any manner disposing of illegally-caught fish, (Sec 88, par. 4, RA 8550)
7. Marketing and buying illegally-caught fish & fishery species

Ban on whale shark and manta rays (FAO 193, S. 1998)

Importation or exportation of fish or fishery species (Sec. 100, RA 8550)

Wildlife trading (Sec. 27(e), RA 9147)

Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)

25

8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing

Illegal possession of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, par 2,
RA 8550)

Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, pars 1 & 3, RA
8550)

Use of fine mesh net (Sec, 89, RA 8550)

Use of active gears in municipal waters and bays and other fishery management areas (Sec. 90, RA 8550)

Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat (Sec. 92, par. 1, RA 8550)
to
Illegal
use of
superlights
(Sec. 93, RA 8550)
B. Failure
Comply
with
Report Requirements

Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
D. Mangrove Destruction

Conversion of mangroves (Sec. 94, RA 8550)

Destroying wildlife species (Sec. 27 (a), RA 9147)

Obstruction to Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Fishing
Destroying
of active
nests,
nestintrees,
host plants and
theorlike
(Sec. 27
(g), RA 8550)
C. Illegal
Activities
and
Dealing
Illegally-Caught
Fish
Fishery
Products

Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)

Aquatic
pollution
- Deforestation
similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
1. Capture
of breeders,
spawners,
eggs orcausing
fry

Aquatic pollution - Unsound agricultural practices: wetland conversion causing similar hazards and deleterious effects (Secs.
102 & 4(4), RA 8550)

Undertaking project without ECC (Sec. 4, PD 1586)

Violation of EMB Rules on EIA (Sec. 9, PD 1586)

Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to DAO
80)
2. Construction
and Operation
of Fish
Corrals/Traps,
Fishproducts
Pens and
Fish77,
Cages

Unauthorized
possession
of timber
or other forest
(Sec.
PD 705)

Unlawful occupation or destruction of forest lands (Sec. 78, PD 705)

Illegal occupation of National Parks System and recreation areas, and vandalism therein (Sec. 80, PD 705)

Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)

Logging in critical habitats (Sec. 27(c)(v), RA 9147)

Unauthorized issuance of tax declaration (Sec. 85, PD 705)

26

E. Mining & Quarrying

Failure
to Comply
1. 3.
Illegal
upland
miningwith Standards

Theft of minerals (Sec. 103, RA 7942)

Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)

Illegal obstruction to government officials in mining projects (Sec. 109, RA 7942)

Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
4. Fishing in overexploited or fishery management areas

Willful violation and gross neglect to abide by the terms and conditions of the ECC (Sec. 179, DAO 2010-21 in relation to Sec.
110 of RA 7942)

Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)

Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to in relation to Sec. 154, DAO 2010-21)

Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)

Undertake
of the
EIA Law
or PD
1586 (Sec.
27(h),
RA 9275) requirements
5. Fishing
withoutactivities
license in
orviolation
necessary
permits
or not
complying
with
documentary

Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)

Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)

Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)

Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
2. 6.
Offshore
mining
Intrusion
of licensed and unlicensed commercial fishers in municipal waters

Theft of minerals (Sec. 103, RA 7942)

Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)

Illegal obstruction to government officials in mining projects (Sec. 109, RA 7942)


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

Mining in areas closed to mining applications: offshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942)

Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)

Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)

Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)

27

3. Onshore mining
Theft of minerals (Sec. 103, RA 7942)
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Illegal obstruction to government officials in mining projects (Sec. 109, RA 7942)
Mining in areas closed to mining applications: onshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942 )
Operating mining project without an ECC (Sec 179, DAO 2010-21)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
B. Failure
Comply
Report Requirements
to
Practice
notwith
in accordance
with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)

Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)

Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)

Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)

Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)

Quarrying
C.4.Illegal
Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products

Ban on white sand, silica, pebbles and other substances that make up any marine habitat (Sec. 92, par 4, RA 8550)
1. Capture
of breeders,
spawners,
eggs
fry from beaches (Batas Pambansa 265)

Ban
on extraction
of gravel
andor
sand

Quarrying in critical habitats ((Sec. 27(c)(vi), RA 9147)

Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)

Undertaking project without ECC (Sec. 4, PD 1586)

Violation of EMB Rules on EIA (Sec. 9, PD 1586)

Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)

Quarrying
in areas closed
toCorrals/Traps,
mining applications:
offshore
aggregate quarrying (Sec. 15, DAO 2010-21 in
2. Construction
and Operation
of Fish
Fish Pens
and seabed/marine
Fish Cages
relation to Sec. 110 of RA 7942)

Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)

28

F. NIPAS Protected Area Violations

Illegal hunting (Sec. 20(a), RA 7586)


3. Failure to Comply with Standards

Illegal destruction (Sec. 20(a), RA 7586)

Illegal disturbance (Sec. 20(a), RA 7586)

Illegal possession of plants or animals or products derived from protected areas (Sec. 20(a), RA 7586)

Dumping of waste products (Sec. 20(b), RA 7586)

Illegal use of motorized equipment (Sec. 20(c), RA 7586)


4. Fishing
in overexploited
fishery management
areas

Mutilating,
defacing orordestroying
objects of beauty
(Sec. 20(d), RA 7586)

Damaging roads (Sec. 20(e), RA 7586)

Squatting, mineral locating or occupation (Sec. 20(f) RA 7586)

Illegal structure (Sec. 20(g), RA 7586)

Leaving refuse or debris (Sec. 20(h), RA 7586)

Altering boundary marks (Sec. 20(i), RA 7586)

Fishing without
license orInspection
necessaryand
permits
or notofcomplying
with documentary requirements
G.5.Obstruction
to Regulatory
Disregard
Lawful Orders
Obstruction or delaying inspection of fish and fish products (Sec. 103, RA 8550)
Obstruction to Fishery Law Enforcement Officer (sec. 106, RA 8550)
Refusal to allow entry, inspection and monitoring by the Department in accordance with the Clean Water Act (Sec. 27 (k), RA
9275)

Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)

Failure
refusaland
to submit
reports,
notices orfishers
on theininformation,
access to records as required by this Act, or permit
6. Intrusion
of or
licensed
unlicensed
commercial
municipal waters
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)

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

Aquatic pollution - Deforestation causing similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)

Logging in critical habitat (Sec. 27(c)(v), RA 9147)

Unauthorized issuance of tax declaration (Sec. 85, PD 705)

Kaingin (Sec. 53, PD 705)

Burning in critical habitat (Sec. 27(c)(iv), RA 9147)

29

I. Water Pollution
1. Discharge or dumping and/or transport of pollutants

Dumping waste products in critical habitats detrimental to wildlife (Sec. 27(c)(i), RA 9147)

Introduction of wildlife resources (Sec. 27 (d), RA 9147)

Discharge of material that causes pollution or obstructs natural flow (Sec. 27(a), RA 9275)

Pollution of groundwater (Sec. 27 (b), RA 9275)

Disposal of potentially infectious medical wastes into sea by vessels (Sec. 27 (d), RA 9275)
B. Failure
Comply with
Report or
Requirements
to
Unauthorized
transport
dumping into sea waters of sewage sludge or solid waste (Sec. 27(e), RA 9275)

Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969 (Sec.
27(f), RA 9275)

Operate facilities that discharge prohibited chemicals (Sec. 27 (g), RA 9275)

Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)

Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)

Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
C. Illegal
Activities
and Dealing
Illegally-Caught
Fish
or Fishery
Fishing
Violation
of the Marine
PollutioninDecree
(Sec. 28, par
5, RA
9275 in Products
relation to Sec. 4(b), PD 979)

Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(c), PD 979)

Gross
violation
of the CWAdeliberate
1. Capture
of breeders,
spawners,
eggs
or fry discharge of toxic pollutants (Sec. 28 (a), RA 9275)

Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)

Gross violation of the CWA- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)

Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - Waste dumping/disposal (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

Undertaking project without ECC (Sec. 4, PD 1586)

Violation of ECC terms and conditions (Sec. 9, PD 1586)

Violation of EMB Rules on EIA (Sec. 9, PD 1586)

Littering, throwing, dumping of waste matters in public places (Sec. 48 (1), RA 9003)

Transporting and dumping in bulk wastes in areas other than centers or facilities prescribed (Sec. 48 (13), RA 9003)

Storage, Importation or Bringing into Philippine territory hazardous and nuclear wastes (Sec. 13(d), RA 6969)

30

2. Failure to clean-up pollution

Failure to undertake clean up operations (Sec. 28, par 2, RA 9275)


3. Failure
to Comply
Standards

Failure
to cleanwith
up that
results to serious injury (Sec. 28, par 2, RA 9275)

Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)

Violation of ECC terms and conditions (Sec. 9, PD 1586)


3. Illegal discharge of mine tailings
4. Fishing in overexploited or fishery management areas

Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)

Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)

Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to Sec. 110 of RA 7942)

Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)

Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)

Dumping
waste
products
in critical habitats
to wildlife
(Sec.
27(c)(i), RA requirements
9147)
5. Fishing
without
license
or necessary
permits detrimental
or not complying
with
documentary

Discharge of material that causes pollution or obstructs natural flow (Sec. 27 (a), RA 9275)

Pollution of groundwater (Sec. 27 (b), RA 9275)

Operating facilities without discharge permits (Sec. 27 (c), RA 9275)

Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)

Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)

Grossofviolationdischarge
of toxic pollutants
28 (a), RA
9275)
6. Intrusion
licenseddeliberate
and unlicensed
commercial
fishers (Sec.
in municipal
waters

Gross violation- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)

Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)

Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(b) of PD 979)
7. Marketing
and
buying- Introduction
illegally-caught
fish & fishery
species

Aquatic
pollution
of substances
or energy
with deleterious effects (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - Introduction of substances or energy with potential health hazard (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - Introduction of substances or energy as hindrance to aquatic activities (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - waste dumping/disposal (Secs. 102 & 4(4), RA 8550)

Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)

Violation of ECC terms and conditions (Sec. 9, PD 1586)

Violation of EMB Rules on EIA (Sec. 9, PD 1586)

31

J. Wildlife Violations
1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals

Ban on coral exploitation and exportation (Sec. 91, RA 8550)

Gathering and marketing of shell fishes (Sec. 103 (c), RA 8550)

Poaching in Philippine Waters (Sec. 87 , RA 8550)

Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)

Killing and destroying wildlife species (Sec. 27 (a), RA 9147)


B. Failure
Comply with
Report
Requirements
to
Collecting,
hunting
or possessing
wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales

Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)

Ban on whale shark and manta rays (FAO 193, S. 1998)

Ban on dolphins, whales and porpoises (FAO 185, S. 1992, as amended by FAO 185-1, S. 1997)
C. Illegal
Activities
and Dealing
in Illegally-Caught
Fishing
Poaching
in Philippine
Waters (Sec.
87 , RA 8550) Fish or Fishery Products

Killing and destroying wildlife species (Sec. 27 (a), RA 9147)


1. Capture
of breeders,
eggsand/or
or fryimpairs the reproductive system of wildlife species (Sec. 27 (b) , RA 9147)

Inflicting
injuryspawners,
which cripples

Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

32

Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
To to
successfully
build
a case against a person committing an illegal or destructive activity, the law enforcer must ensure that
3. Failure
Comply with
Standards
all the elements making up a violation or prohibited act are present. Choose a possible violation under which a common illegal or
destructive activity might be prosecuted from the table below, given the elements comprising the violations or prohibited acts. If one
element of a prohibited act is missing, the law enforcer should look at the elements of other suggested prohibited acts until he finds a
match between the actual illegal or destructive activity with the prohibited act provided by law. A match is made when all elements are
satisfied. Only then can he gather evidence to support his allegation of a violation. Recommended evidence to prove each element of a
4. Fishing in overexploited or fishery management areas
prohibited act is also listed below. For a full statement of the provisions, see Annex 1.
A. Access to Foreshore Areas
1. Obstruction to the Use and Enjoyment of Foreshore Areas
Possible violation: Obstruction
Recommended evidence for
Penalties:
5. Fishing without license or necessary permits or not complying with documentary requirements
to Navigation or Flow and Ebb of Obstruction to Navigation or
Tide in any Stream, River, Lake
Flow and Ebb of Tide in any
Fine: P2,000 to P10,000 or
or Bay (Sec. 103 (d), RA 8550)
Stream, River, Lake or Bay in
relation to Obstruction to the Use Imprisonment: 1month and
and Enjoyment of Foreshore
1day to 6 months, or
Elements:
Areas:
1.
Any person/entity
upon the discretion of the
6. Intrusion
of licensed and unlicensed commercial fishers in municipalBoth,
waters
2. Puts anything that obstructs
court
To prove Elements #1-3:
Affidavit indicating existence of
a. navigation or
any obstruction in a stream,
b. flow of ebb and tide
Administrative fine: not more
7. Marketing
and buying illegally-caughtriver,
fish lake
& fishery
or bayspecies
3.
In any
than P10,000.00 or
Investigation report by the
a. stream,
investigating
b. river,
Cancellation of his permit or
team/apprehending officers
c. lake, or
license, or
Picture or sketch of the
d. bay
obstruction, and
Both in the discretion of the
Secretary

33

Where to file:
Prosecutors Office

Certification from the PCG,


NAMRIA or any other
competent agency that the
water body is a navigational
water

Impoundment by the
Department with the assistance
of the Philippine Coast Guard,
PNP-Maritime Command
(Section 103)

Possible violation: Squatting or


Recommended evidence for
Penalties:
otherwise
occupying
any
portion
Squatting
or
otherwise
B. Failure to Comply with Report Requirements
of the critical habitat (Sec.
occupying any portion of the
Imprisonment: 1 month to eight
27(c)(ii), RA 9147)
critical habitat in relation to
years and/or
Obstruction to the Use and
Elements:
Enjoyment of Foreshore Areas:
Fine: P5,000 to 5 million pesos
1. There is squatting or
occupation of a place by the
Deportation, without any further
To prove Element #1:
Photo or video showing
violator.
proceedings, after service of
squatting or occupation
a
2. The
place Activities
occupied isand
a Dealing in Illegally-Caught
sentence and payment of fines
C. Illegal
Fishing
Fish orof
Fishery
Products
place
critical habitat as declared by
if offender is an alien.
Report on the squatting or
the of
DENR
Secretary
in
1. Capture
breeders,
spawners,
eggs- or fry
occupation
accordance with Section 25 of
Fines prescribed to be
Affidavit of witness on the
RA 9147.
increased by at least 10%
squatting or occupation of a
3. The critical habitat is within
every three years
place by the offender
the foreshore area.
(Section 28)
To prove element #2:
Certification
or issuance
that
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens and
Fish Cages
the place is designated as a
critical habitat
To prove element # 3:
Certification from the FMB that
the critical habitat is within the
foreshore area

34

Where to file:
Prosecutors Office

Possible violation: Unlawful


Recommended evidence for
Penalties:
occupation or destruction of
Unlawful occupation of forest
3. Failure
toand
Comply
withlands
Standardsland in relation to Obstruction to
forest
lands
grazing
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
the Use and Enjoyment of
and
Foreshore Areas:
Elements: Enters, occupies or
Imprisonment: 6 months to 2
possesses
years for each such offense,
To prove element # 1:
1.4. Fishing
The offender
enters, occupies,
and
- management
Affidavit of witnesses
attesting
in overexploited
or fishery
areas
possesses any forest land and
that the offender is occupying
grazing land
Payment: 10 times the rental
the forest land or grazing land
2. The offender has no authority
fees and other charges which
under a license agreement,
would have accrued had the
To prove element # 2:
lease, license or permit to
Affidavit of apprehending party occupation and use of the land
possess such forest land and
been authorized under a
that no copy of such authority,
grazing land
license agreement, lease,
license agreement, lease,
license or permit
possess with documentary
5. Fishing without license or necessary license,
permitspermit
or nottocomplying
requirements
forest land was produced
Maximum penalty for repeat
when demanded by
offenders
apprending party
Certification from the
Double the maximum of the
appropriate DENR Office that
penalty for third-time offenders
no such authority exists
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
(Section 78)

Where to file:

Possible
violation:
Unlawful
Recommended
Evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
occupation or destruction of
Unlawful destruction of forest
forest lands and grazing lands
lands in relation to Obstruction
(Sec. 78, PD 705)
to the Use and Enjoyment of
Foreshore Areas:
Elements: In any manner
destroys such forest land or part To prove element # 1:
thereof
Picture of the destroyed forest
1. The offender destroys forest
land or part thereof
land or part in any manner
Affidavit of witness

Penalties:

Where to file:

Fine: P500.00 to P20,000.00


and

Prosecutors Office

35

Imprisonment: 6 months to 2
years for each such offense,
and

Prosecutors Office

2.
3.

The offender has no authority


The forestland is in the
foreshore area

Ocular inspection report by


authorized representative of
concerned government agency

To prove element # 2:
Certification from authorizing
agency to the effect that no
authority was issued

B. Failure to Comply with Report Requirements


To prove element# 3:
Certification that the forest
land is within the foreshore
area

Payment:10 times the rental


fees and other charges which
would have accrued had the
occupation and use of the land
been authorized under a
license agreement, lease,
license or permit
Maximum penalty for repeat
offenders
Double the maximum of the
penalty for third-time offenders

(Section 78)
Possible violation: Unlawful
Recommended evidence for
occupation or destruction of
Unlawful destruction of forest
forest Fishing
lands and
grazingand
lands
in relation to Obstruction
C. Illegal
Activities
Dealinglands
in Illegally-Caught
Fish or Fishery Products
(Sec. 78, PD 705)
to the Use and Enjoyment of
Areas:
1. Capture of breeders, spawners, eggsForeshore
or fry
Elements: Causes any damage
To prove element # 1:
to the timber stand and other
Pictures of damaged timber
products and forest growth
stand and other forest
found therein
products and forest growth
1. The offender causes damage
Site inspection report
a. to theand
timber
stand and
Affidavit of Fish
witnesses
2. Construction
Operation
of Fish Corrals/Traps,
Pens attesting
and Fish Cages
b. other products and
to the damage to the timber
c. forest growth found in the
stand, other products and
forest
forest growth in the forest
2. The forest land is within the
foreshore area
To prove element # 2:
Certification that the forest
land is within the foreshore
area

36

Possible violation: Unlawful


Recommended evidence for
occupation or destruction of
Assists, aids or abets any other
3. Failure
toand
Comply
withlands
Standardsperson to destroy forest land in
forest
lands
grazing
(Sec. 78, PD 705)
relation to Obstruction to the Use
and Enjoyment of Foreshore
Elements: Assists, aids or abets
Areas:
any other person to do so
1.4. Fishing
The offender
assisted, aided
Tomanagement
prove elementareas
# 1 & 2:
in overexploited
or fishery
or abetted a person
Pictures of damaged timber
2. Such person caused damage
stand and other forest
to the timber stand and other
products and forest growth
products and forest growth
Site inspection report
3. The forest land is within a
Affidavit of witnesses attesting
foreshore area
to the damage to the timber
stand, other products and
growth
in the
forest with documentary requirements
5. Fishing without license or necessary forest
permits
or not
complying
To prove element # 3:
Certification that the forest
land is within the foreshore
area

6. Intrusion
of licensed
and unlicensed
commercialevidence
fishers infor
municipal waters
Possible
violation:
Unlawful
Recommended
occupation or destruction of
Refusal to vacate forest land
forest lands and grazing lands
when told to do so in relation to
(Sec.
78, PD 705)
Obstruction
to the Use
and
7. Marketing
and buying illegally-caught
fish & fishery
species
Enjoyment of Foreshore Areas:
Elements: Refuses to vacate the
area when ordered to do so
To prove element # 1:
1. The offender occupied an
Picture of the area occupied
area which is part of a forest
Site inspection report
2. That there is an order by
competent authority to vacate
To prove element # 2:
the area
Copy of the order of competent
authority

37

3.
4.

That the offender refused to


vacate the area occupied
despite the order
The forest land is part of the
foreshore area

To prove element # 3:
Affidavit of witness
Investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate

To prove element # 4:
Certification that the forest land
B. Failure to Comply with Report Requirements
is within the foreshore area
Possible violation: Overstaying
or building structures in
easement areas (Art. 51, PD
1067)

Recommended evidence for


Penalties:
Overstaying or building
structures in easement areas in
Administrative penalties (e.g.,
relation to Obstruction to the Use demolition)
and Enjoyment of Foreshore
Elements:
Civil penalties in case of
C. Illegal
Fishing Activities and DealingAreas:
in Illegally-Caught Fish or Fishery Products
damages
1. The offender is any person,
natural
or juridicalspawners, eggsTo
1. Capture
of breeders,
orprove
fry element # 1, 2 & 3:
Testimony of witnesses
2. The offender stays or builds
attesting to the existence of a
structures
structure or that the offender is
3. Within the easement areas
staying in the area longer than
a. 3 meters along the
is necessary for the activities
margin of river,
mentioned in the law
streams and shores
Certification
of proper
in urban
areas of Fish Corrals/Traps,
2. Construction and
Operation
Fish
Pens and Fish Cages
authorities that area is within
b. 20 meters in
the designated easement area
agricultural areas
Picture of structure/s build in
c. 40 meters in forest
the easement
areas
4. Such stay is in excess of what
is necessary for recreation,
navigation, floatage, fishing or
salvage

38

Where to file:
DENR for
administrative cases
Appropriate court for
civil cases

Possible violation: Unauthorized Recommended evidence for


obstruction of river or waterway
Unauthorized obstruction of river
3. occupancy
Failure to Comply
with Standards
or
of riverbank
or
or waterway or occupancy of
seashore (Art. 91 (B)(3), PD
riverbank or seashore in relation
1067)
to Obstruction to the Use and
Enjoyment of Foreshore Areas:

Penalties:
Imprisonment exceeding three
years but not more than six
years

Whereto file:
Prosecutors Office

Elements:
of
Fine exceeding three thousand
Tomanagement
prove elementareas
# 1:
4. FishingOccupancy
in overexploited
or fishery
riverbank or seashore
but not more than six thousand
- Testimony of witnesses
- Picture of area occupied
1. There is occupancy of a
- Ocular inspection or investigation Both at the discretion of the
riverbank or seashore;
court
report
2. The occupancy is without
permission.
To prove element # 2:
- Certification from DENR that
such
obstruction
is complying
not permitted
5. Fishing without license or necessary
permits
or not
with documentary requirements
Possible violation: Unauthorized
issuance of tax declaration (Sec.
85, PD 705)

Recommended evidence for


Penalties:
Unauthorized issuance of tax
declaration in relation to
Imprisonment:2 to 4 years
Obstruction to the Use and
Elements:
Enjoyment of Foreshore Areas:
Perpetual disqualification from
and unlicensed
commercial fishers in municipalholding
waterselective or appointive
1.6. Intrusion
Offenderof
is licensed
a public officer
or
employee;
To prove element # 1:
office
2. Offender issues tax
Certification from concerned
declaration
to abuying
real property
office/officer
7. Marketing
and
illegally-caughtgovernment
fish & fishery
species that
3. He issued such tax
the offender is a public officer
declaration without
or employee
certification from Director of
Forest Development AND
To prove element # 2:
Director of Lands (now DENR
Certified True Copy of the tax
based on EO No. 192) that the
declaration issued with
area declared for taxation is
signature of the offender
alienable and disposable land
affixed to it

39

Where to file:
Prosecutors Office

4.

The property declared for


taxation is not titled nor
occupied and possessed by
IPs/ICC before July 4, 1955

To prove element # 3:
Certification from concerned
government agency that no
such A & D certification was
issued; or
Certification that the land is a
forest land and not classified
as A & D

B. Failure to Comply with Report Requirements


To prove element # 4:
Certification from the Register
of Deeds that no title was
issued for the said parcel of
land; and
Certification from the NCIP or
LGU that the subject property
is not occupied or
possessed
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery Products
by the IPs/ICCs before July 4,
1955
1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

40

2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
3. Failure to Comply with Standards
Possible violation: Conversion
Recommended evidence for
Penalties:
Where to file:
of mangroves (Sec. 94, RA 8550) Conversion of mangroves in
relation to Construction of
Prosecutors Office
Imprisonment: 6 years and 1
Elements:
seawalls, jetties, reclamation
day to 12 years and/or
areas,
housing, ports,
1.4. Fishing
A mangrove
area is converted
in overexploited
or fishery
management
areas harbors,
or any structure in foreshore
2. Such conversion is for
Fine: P80,000.00
areas without DENR approval:
a. Fishpond and/or
b. For any other
Restoration or compensation
purposes
To prove Elements #1-2:
for the restoration of the
Affidavit attesting to
damage, if needed
conversion activities
Investigation report of
(Section 94)
5. Fishing without license or necessaryconcerned
permits orgovernment
not complying with documentary requirements
agency
Samples of mangroves cut
or pictures of the area
Certification that no permit
was issued in favor of the
accused
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Possible violation: Cutting,
Recommended evidence for
Penalties:
Where to file:
Gathering and/or Collecting
Cutting, Gathering and/or
Timber,
or Other
Collecting
Timber,
Other
Value of logs or forest
Prosecutors Office
7. Marketing
andForest
buying illegally-caught
fish &
fisheryor
species
Products Without License (Sec.
Forest Products Without
products: P5.00 or lower
77, PD 705 in relation to Sec.
License in relation to
Imprisonment: 2 years, 4
11.1 of DENR DAO 80, Series of
Construction of seawalls,
months and 1 day to 6 years
1987)
jetties, reclamation areas,
housing, ports, harbors, or any
Value of logs or forest
Elements:
structure in foreshore areas
products: more than P5.00
without DENR approval:
toP50.00
The offender cuts, gathers
Imprisonment: 8 years and 1
and/or collects timber
day to 12 years
The cutting, gathering and/or

41

collection of timber is done


without license
Notes: DAO 80, series of 1987
classifies mangrove, irrespective
of size, as timber.

To prove element # 1:
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness
attesting to the cutting or
gathering

Moreover, PD 705 as amended by


Sec. 4 of
7161 prohibits
the Requirements
To prove element # 2:
B. Failure
toRA
Comply
with Report
cutting of all species of
Certification of concerned
mangroves. DOJ Opinion No. 23,
agencies attesting that no
Series of 1994 supports the
such license was issued to
interpretation favoring ban on
the offender
mangrove cutting.

Value of logs or forest


products: more than P50.00 to
P200.00
Imprisonment: 8 years and 1
day to 12 years
Value of logs or forest
products: more than P200.00
to P6,000
Imprisonment: 8 years and 1
day to 12 years

Value of logs or forest


products: more than P6,000 to
P12,000
Timber
shall mean
a piece
of Dealing in Illegally-Caught Fish or FisheryImprisonment:
10 years and 1
C. Illegal
Fishing
Activities
and
Products
wood having an average diameter
day to 12 years
of at least
cm and aspawners,
length of ateggs or fry
1. Capture
of15
breeders,
least 1.5 m., except all mangrove
Value of logs or forest
species which in all cases, shall be
products: more than P12,000
considered as timber regardless of
to P22,000
size (Sec. 1.11, DAO 80, S. 1987)
Imprisonment: 14 years, 8
months and 1 day to 20 years
Value of logs or forest
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
products: more than P22,000
Imprisonment: 15 years, 2
months and 21 days to 20
years (additional 1 year for
every P10,000 in excess of the
P22,000), however, not to
exceed 20 years

42

Deportation without further


proceedings if persons liable
are aliens.

3. Failure to Comply with Standards

Confiscation in favor of the


government of the timber or
any forest products cut,
gathered, collected, removed,
or possessed, as well as the
machinery, equipment,
implements and tools illegally
used in the area where the
timber or forest products are
found.

4. Fishing in overexploited or fishery management areas

77, PD 705requirements
imposing
5. Fishing without license or necessary permits or not complying with(Sec.
documentary
penalties prescribed in Art. 310
(qualified theft) in relation to
Article 309 (penalty for theft) of
the Revised Penal Code)
Possible violation: Obstruction
Recommended evidence for
Penalties:
to Navigation or Flow and Ebb
Obstruction to Navigation or
Intrusion
licensed
and unlicensed
fishers
in municipal
waters
of6.Tide
in anyofStream,
River,
Flow commercial
and Ebb of Tide
in any
Fine:
P2,000 to P10,000 or
Lake or Bay (Sec. 103 (d), RA
Stream, River, Lake or Bay in
8550)
relation to Construction of
Imprisonment: 1month and
seawalls,
reclamation
1day to 6 months, or
7. Marketing and buying illegally-caught
fishjetties,
& fishery
species
Elements:
areas, housing, ports, harbors,
or any structure in foreshore
1. Any person/entity
Both, upon the discretion of the
areas without DENR approval:
2. Puts anything that obstructs
court
a. navigation or
b.
flow of ebb and tide
Administrative fine: not more
To prove Elements #1-3:
Affidavit indicating existence
3. In any
than P10,000.00 or
of any obstruction in a
a. stream,
stream, river, lake or bay
b. river,
Cancellation of his permit or
c. lake or
Investigation report by the
license, or

43

Where to file:
Prosecutors Office

d.

bay

investigating
team/apprehending officers
Picture or sketch of the
obstruction, and
Certification from the PCG,
NAMRIA or any other competent
agency that the water body is a
navigational water

B. Failure to Comply with Report Requirements

Both in the discretion of the


Secretary
Impoundment by the
Department with the assistance
of the Philippine Coast Guard,
PNP-Maritime Command
(Section 103)

Possible violation: Obstruction


of Defined Migration Paths (Sec.
105, RA 8550 in relation to FAO
217, Series of 2001)

Recommended evidence for


Penalties:
Obstruction of Defined
Migration Paths in relation to
Imprisonment: 7 to 12 years or
Construction of seawalls,
jetties, reclamation areas,
Fine: P50,000.00 to
Elements:
ports, harbors,
C. Illegal
Fishing Activities and Dealinghousing,
in Illegally-Caught
Fish or
or any
FisheryP100,000.00
Products or
structure in foreshore areas
1. A migration path of
anadromous,
catadromous,
Both, at the discretion of the
1. Capture
of breeders,
spawners, eggswithout
or fry DENR approval:
and other migratory species is
court, and
defined
To prove Elements #1-2:
Affidavit indicating existence
2. Such migratory path was
Cancellation of permit/license,
of obstructions in a defined
obstructed
if any, and
migration path
Investigation report by the
Note: FAO 217, S. 2001 identifies
Dismantling of obstruction shall
investigating
team
the defined migration
paths in of
theFish Corrals/Traps,
be at his own expense and
2. Construction
and Operation
Fish
Pens and Fish Cages
Picture or sketch of the
Philippines.
confiscation of same.
obstruction by the
apprehending officers or
(Section 105)
other witnesses
Certification by BFAR that
the area obstructed is a
defined migration path

44

Where to file:
Prosecutors Office

Possible violation: Squatting or


Recommended evidence for
Penalties:
otherwise occupying any
Squatting or otherwise
3. Failure
to Comply
with Standards
portion
of the
critical habitat
occupying any portion of the
Imprisonment: 1 month to eight
(Sec. 27(c)(ii), RA 9147)
critical habitat in relation to
years and/or
Construction of seawalls,
Elements:
jetties, reclamation areas,
Fine: P5,000 to 5 million pesos
housing, ports, harbors, or any
1. There is squatting or
structure
in foreshore
occupation
of a place by the
Deportation, without any further
4. Fishing
in overexploited
or fishery
management
areas areas
without DENR approval:
violator
proceedings, after service of
2. The place occupied is a
sentence and payment of fines
critical habitat as declared by
if offender is an alien.
To prove Element #1:
Photo or video showing
the DENR Secretary in
squatting or occupation of a
accordance with Section 25 of
Fines prescribed to be
place
RA 9147
increased by at least 10%
Report on the squatting or
3. The critical habitat is within
every three years
the foreshore
area.
5. Fishing
without
license or necessaryoccupation
permits or not complying with documentary requirements
Affidavit of witness on the
(Section 28)
squatting or occupation of a
place by the offender
To prove element #2:
Certification or issuance that
6. Intrusion of licensed and unlicensed the
commercial
fishers in as
municipal
waters
place is designated
a
critical habitat
To prove element # 3:
7. Marketing and buying illegally-caught fish & fishery species
Certification from the FMB
that the critical habitat is
within the foreshore area

45

Where to file:
Prosecutors Office

Possible violation: Undertake


activities in violation of the EIA
Law or PD 1586 (Sec. 27(h), RA
9275)
Elements:

Recommended evidence for


Undertaking activities in
violation of the EIA Law or PD
1586 in relation to Construction
of seawalls, jetties, reclamation
areas, housing, ports, harbors,
or any structure in foreshore
areas without DENR approval:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

EMB Regional Director


or Pollution
Adjudication Board
(PAB)

Fine: P10,000.00 to
Violator undertakes
P200,000.00 for every day of
a)
activities
or
violation, to be increased 10%
B. Failure to Comply with Report Requirements
development and
every 2 years
To prove Element #1:
Photo or video showing that
expansion of
violator is undertaking
project, or
activities or development
b) Violator operates
and expansion of projects or
wastewater/sewerag
operated
e facilities
wastewater/sewerage
facilities
2. Acts
violateActivities
the
suspension of
C. Illegal
Fishing
and Dealing in Illegally-Caught
Fish or FisheryClosure,
Products
Environmental Impact
development or construction,
Report on the
Statement
System
Law
or cessation of operations or,
1. Capture
of breeders,
spawners,
eggs- or fry
abovementioned activities
(Presidential Decree
disconnection of water supply,
Affidavit of witness on the
No.1586) and its
until compliance (order may be
abovementioned activities of
implementing rules and
issued ex parte pending case)
the offender
regulations.
(Section 28)
To prove Element #2:
Note: For projects covered by PD
1586, see complete
list in Annex
CertificationFish
fromPens
EMBand
on Fish Cages
2. Construction
and Operation
of Fish Corrals/Traps,
4.
the lack of ECC; or
Copy of the ECC and
specific conditions violated
Affidavit of witness as to the
lack of ECC or violation of
ECC conditions
1.

46

Recommended evidence for


Penalties:
Material shall or may
Violation of Sec. 4(c) of the
a. impede or obstruct
3. Failure to Comply
with
Marine Pollution Decree in
navigation
or Standards
Fine: P50,000.00 to
relation to Construction of
b. increase the level of
P1,000,000.00
seawalls, jetties, reclamation
pollution of such
areas, housing, ports, harbors,
water.
Imprisonment: 1 year to 6
or any structure in foreshore
years
areas
without DENR
approval:
Exceptions:
or both, for each offense,
4. Fishing in overexploited or fishery
management
areas
1) Emergency imperiling life or
without prejudice to the civil
property, or
liability of the offender in
To prove Element #1:
Affidavit of witness as to the
2) Unavoidable accident,
accordance with existing laws
deposit of material of any
collision, or stranding or
kind
3) In any cases which constitute
Investigation report on the
danger to human life or
incident
property or
Photo
or video
the with documentary requirements
4)5. Fishing
A real threat
to vessels,
without
license or necessary
permits
or notshowing
complying
act
aircraft, platforms, or other
Apprehension report with
man-made structure, or
inventory and seizure receipt
5) If dumping appears to be the
only way of averting the threat
To prove Element #2-5:
and if there is probability that
Sample of deposited
the damage consequent upon
6. Intrusion
of licensed
commercial fishers in municipal waters
such dumping
will be and
less unlicensed material
Results/certification of
than would otherwise occur,
laboratory examination of
and as otherwise permitted
deposited material
by regulations prescribed by
7. Marketing and buying illegally-caught fish & fishery species
Affidavit that material:
the National Pollution Control
a. shall be liable to be washed
Commission or the Philippine
into such navigable water, either
Coast Guard
by ordinary or high tides, or by
storms or floods, or otherwise, or
b. shall or may impede or obstruct
navigation, or
c. shall or may increase the level
of pollution of such water

1.

47

Where to file:
Prosecutors Office

Possible violation: Violation of


Marine Pollution Decree (Sec. 28,
par 5, RA 9275 in relation to Sec.
4(b) of PD 979)
Elements:

Recommended evidence for


Violation of Sec. 4(b) of the
Marine Pollution Decree in
relation to Construction of
seawalls, jetties, reclamation
areas, housing, ports, harbors,
or any structure in foreshore
areas without DENR approval:

Penalties:

Where to file:

Fine: P50,000.00 to
P1,000,000.00

Prosecutors Office

Imprisonment: 1 year to 6
years

Act is in violation of Section 4 of


PD 979,to
such
that: with Report Requirements
or both, for each offense,
B. Failure
Comply
1. Offender throws, discharges
without prejudice to the civil
To prove Elements #1-2:
or deposits, dumps, or
Affidavit of witness as to the
liability of the offender in
causes, suffers or procures to
incident and location of the
accordance with existing laws
be thrown, discharged, or
source
deposited
Investigation report on the
2. from the shore, wharf
incident and location
3. any refuse matter of any kind
Photo or video showing the
orFishing
description
whatever
other
act
C. Illegal
Activities
and
Dealing in Illegally-Caught
Fish or Fishery Products
than that flowing from streets
andof
sewers
and passing
1. Capture
breeders,
spawners, eggsToorprove
fry Elements #3-4:
therefrom in a liquid state
Sample of the refuse matter
4. into tributary of any navigable
Results/certification of
water from which the same
laboratory examination of
shall float or be washed into
discharged oil harmful
such navigable water
substance
Affidavit of witness as to the
possibility of
refuse
matter
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens
and of
Fish Cages
being washed into such
navigable water

48

Possible violation: Undertaking


Recommended evidence for
Penalties:
project without ECC (Sec. 4, PD
Undertaking project without
3. Failure to Comply with Standards
1586)
ECC in relation to Construction
Fine: not to exceed P50,000 for
of seawalls, jetties, reclamation every violation
Elements:
areas, housing, ports, harbors,
or any structure in foreshore
1. The project is a declared ECP areas without DENR approval:
or in a declared
ECA
4. Fishing
in overexploited
or fishery management areas
To prove Elements #1 and #2:
2. Actual undertaking or
Certification from the EMB
operating the declared ECP
that the project is an ECP or
or project in an ECA by a
is in an ECA
person, partnership or
Photo or video showing that
corporation
person, partnership or
3. The project has no ECC
corporation is undertaking
projectwith documentary requirements
4.5. Fishing
For a list
of ECPs
and ECAs,
without
license
or necessaryactivities
permits or
or operating
not complying
that is a declared ECP or in
see Annex 4.
an ECA
Investigation report on the
abovementioned activities
Affidavit of witness on the
abovementioned activities
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
To prove Element #3
Certification from EMB on the
lack of ECC
7. Marketing and buying illegally-caught fish & fishery species

49

Where to file:
Regional EMB Director

Possible violation: Violation of


EMB Rules on EIA (Sec. 9, PD
1586)

Recommended evidence for


Violation of EMB Rules on EIA
in relation to Construction of
seawalls, jetties, reclamation
areas, housing, ports, harbors,
or any structure in foreshore
areas without DENR approval:

Elements:
1. There are standards, rules,
and regulations issued by the
EMB pursuant to PD 1586
2.
Violation
of thewith
standards,
B. Failure
to Comply
Report Requirements
rules and regulations

Penalties:
Suspension or cancellation of
the ECC

Where to file:
EMB Regional Office

Fine: not to exceed P50,000 for


every violation
To prove Elements #1-2:
Affidavit of witness as to
violation of the standards,
rules and regulations
issued by the EMB
Investigation report on the
violation
Photo or video showing
the act, if applicable
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Possibleofviolation:
evidence for
Penalties:
1. Capture
breeders,Unlawful
spawners, eggsRecommended
or fry
occupation or destruction of
Unlawful occupation of forest
forest lands and grazing lands
land in relation to Construction
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
of seawalls, jetties, reclamation and
areas, housing, ports, harbors,
Elements: Enters, occupies or
or any structure in foreshore
Imprisonment: 6 months to 2
possesses
areas without DENR approval:
years for each such offense,
1. The offender
and
2. Construction
and enters,
Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
occupies, possesses any
To prove element # 1:
forest land and grazing land
Payment: 10 times the rental
Affidavit of witnesses
2. The offender has no authority
fees and other charges which
attesting that the offender is
under a license agreement,
would have accrued had the
occupying the forest land or
lease, license or permit to
occupation and use of the land
grazing land;
possess such forest land and
been authorized under a
grazing land
license agreement, lease,
To prove element # 2:
license or permit
Affidavit of apprehending
party that no copy of such

50

Where to file:
Prosecutors Office

authority, license agreement, Maximum penalty for repeat


lease, license, permit to
offenders
3. Failure to Comply with Standards
possess forest land was
produced when demanded
Double the maximum of the
by apprehending party;
penalty for third-time offenders
Certification from the
(Section 78)
appropriate DENR Office
that no such areas
authority exists
4. Fishing in overexploited or fishery management
Possible violation: Unlawful
Recommended Evidence for
Penalties:
occupation or destruction of
Unlawful destruction of forest
forest lands and grazing lands
lands in relation to
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
Construction of seawalls,
and
jetties, reclamation areas,
Elements: In any manner
housing, ports, harbors, or any
Imprisonment: 6 months to 2
destroys such forest land or
structure in foreshore areas
years for each such offense,
part
thereofwithout license or necessary
without
DENRorapproval:
5. Fishing
permits
not complying withand
documentary requirements
1. The offender destroys forest
land or part in any manner
Payment:10 times the rental
To prove element # 1:
2. The offender has no authority
fees and other charges which
Picture of the destroyed
3. The forestland is in the
would have accrued had the
forest land or part thereof
foreshore area
occupation and use of the land
Affidavit of witness
been authorized under a
Ocular inspection report by
6. Intrusion of licensed and unlicensed authorized
commercial
fishers in municipal
waters
license
agreement, lease,
representative
of
license or permit
concerned government
agency
Maximum penalty for repeat
7. Marketing and buying illegally-caught fish & fishery species
offenders
To prove element # 2:
Certification from authorizing
Double the maximum of the
agency to the effect that no
penalty for third-time offenders
authority was issued.
To prove element# 3:
Certification that the forest
land is within the foreshore
area

51

(Section 78)

Where to file:
Prosecutors Office

Possible violation: Unlawful


occupation or destruction of
forest lands and grazing lands
(Sec. 78, PD 705)

Recommended evidence for


Unlawful destruction of forest
lands in relation to
Construction of seawalls,
jetties, reclamation areas,
housing, ports, harbors, or any
structure in foreshore areas
without DENR approval:

Elements: Causes any damage


to the timber stand and other
products and forest growth
found therein
B. Failure
to Comply with Report Requirements
1. The offender causes damage
To prove element # 1:
a. to the timber stand
Pictures of damaged timber
and
stand and other forest
b. other products and
products and forest growth
c. forest growth found
Site inspection report
in the forest
Affidavit of witnesses
2. The forest land is within the
attesting to the damage to
foreshore
the timber stand,Fish
otheror Fishery Products
C. Illegal
Fishing area
Activities and Dealing in Illegally-Caught
products and forest growth in
the forest
1. Capture of breeders, spawners, eggs or fry
To prove element # 2:
Certification that the forest
land is within the foreshore
area

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

52

Possible violation: Unlawful


Recommended evidence for
occupation or destruction of
Assisting, aiding or abetting
3. Failure
toand
Comply
withlands
Standards
forest
lands
grazing
any other person to destroy
(Sec. 78, PD 705)
forest land in relation to
Construction of seawalls,
Elements: Assists, aids or abets
jetties, reclamation areas,
any other person to do so
housing, ports, harbors, or any
structure
in foreshore
1.4. Fishing
The offender
assisted, aided
in overexploited
or fishery
management
areas areas
without DENR approval:
or abetted a person
2. Such person caused damage
to the timber stand and other
To prove element # 1 & 2:
products and forest growth
Pictures of damaged timber
3. The forest land is within a
stand and other forest
foreshore area
products and forest growth
Site inspection report
Affidavit
5. Fishing without license or necessary
permitsoforwitnesses
not complying with documentary requirements
attesting to the damage to
the timber stand, other
products and forest growth in
the forest
To prove element # 3:
6. Intrusion of licensed and unlicensed
commercialthat
fishers
in municipal waters
Certification
the forest
land is within the foreshore
area

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

53

Possible violation: Unlawful


occupation or destruction of
forest lands and grazing lands
(Sec. 78, PD 705)

Recommended evidence for


Refusal to vacate forest land
when told to do so in relation
to Construction of seawalls,
jetties, reclamation areas,
housing, ports, harbors, or any
structure in foreshore areas
without DENR approval:

Elements: Refuses to vacate the


area when ordered to do so
1. The offender occupied an
area
is part
a forestRequirements
B. Failure
towhich
Comply
withofReport
2. That there is an order by
To prove element # 1:
competent authority to vacate
Picture of the area occupied
the area
Site inspection report
3. That the offender refused to
vacate the area occupied
To prove element # 2:
despite the order
Copy of the order of
4. The forest land is part of the
competent authority
foreshore
C. Illegal
Fishing area
Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove element # 3:
Affidavit of witness
1. Capture of breeders, spawners, eggs- or fry
Investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate
To prove element # 4:
CertificationFish
thatPens
the forest
2. Construction and Operation of Fish Corrals/Traps,
and Fish Cages
land is within the foreshore
area

54

Possible violation: Overstaying


Recommended evidence for
Penalties:
or building structures in
Overstaying or building
3. Failure areas
to Comply
withPD
Standards
easement
(Art. 51,
structures in easement areas in Administrative penalties (e.g.,
1067)
relation to Construction of
demolition)
seawalls, jetties, reclamation
Elements:
areas, housing, ports, harbors,
Civil penalties in case of
or any structure in foreshore
1. The offender is any person,
damages
areas
without DENR
approval:
natural in
or overexploited
juridical
4. Fishing
or fishery
management
areas
2. The offender stays or builds
structures
To prove element # 1, 2 & 3:
3. Within the easement areas
Testimony of witnesses
a. 3 meters along the
attesting to the existence of
margin of river,
a structure or that the
streams and shores
offender is staying in the
in urban areas
area longer than is
b. without
20 meters
in or necessarynecessary
thecomplying
activities with documentary requirements
5. Fishing
license
permits orfornot
agricultural areas
mentioned in the law
c. 40 meters in forest
Certification of proper
areas
authorities that area is within
4. Such stay is in excess of what
the designated easement
is necessary for recreation,
area
navigation, floatage, fishing or Picture of structure/s build in
6. Intrusion
commercial
salvage of licensed and unlicensed the
easementfishers in municipal waters

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

55

Where to file:
DENR for
administrative cases
Appropriate court for
civil cases

Possible violation:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank or seashore (Art. 91
(B)(3), PD 1067)

Recommended evidence for


Unauthorized obstruction of
river or waterway or occupancy
of riverbank or seashore in
relation to Construction of
seawalls, jetties, reclamation
Elements: Occupancy of
areas, housing, ports, harbors,
riverbank or seashore
or any structure in foreshore
areas without DENR approval:
1.
There
is
occupancy
of
a
B. Failure to Comply with Report Requirements
riverbank or seashore;
2. The occupancy is without
To prove element # 1:
permission.
Testimony of witnesses
Picture of area occupied
Ocular inspection or
investigation report

Penalties:

Whereto file:

Imprisonment exceeding three


years but not more than six
years

Prosecutors Office

Fine exceeding three thousand


but not more than six thousand
Both at the discretion of the
court

element # 2:Fish or Fishery Products


C. Illegal Fishing Activities and DealingTo
inprove
Illegally-Caught
Certification from DENR that
such obstruction is not
1. Capture of breeders, spawners, eggs or fry
permitted
Possible violation:
Unauthorized issuance of tax
declaration (Sec. 85, PD 705)

Recommended evidence for


Penalties:
Unauthorized issuance of tax
declaration in relation to
Imprisonment:2 to 4 years
Construction of seawalls,
Elements: and Operation of Fish Corrals/Traps,
jetties, reclamation
Perpetual disqualification from
2. Construction
Fish areas,
Pens and Fish Cages
housing, ports, harbors, or any
1. Offender is a public officer or
holding elective or appointive
structure in foreshore areas
employee;
office
without DENR approval:
2. Offender issues tax
declaration to a real property
3. He issued such tax
To prove element # 1:
declaration without
Certification from concerned
certification from Director of
government office/officer that
Forest Development AND
the offender is a public
Director of Lands (now DENR
officer or employee

56

Where to file:
Prosecutors Office

based on EO No. 192) that


the area declared for taxation
To prove element # 2:
3. Failure
to Comply
with Standards
is alienable
and disposable
Certified True Copy of the
land
tax declaration issued with
4. The property declared for
signature of the offender
taxation is not titled nor
affixed to it
occupied and possessed by
IPs/ICCinbefore
July 4, 1955
To management
prove elementareas
# 3:
4. Fishing
overexploited
or fishery
Certification from concerned
government agency that no
such A & D certification was
issued; or
Certification that the land is a
forest land and not classified
as A & D
5. Fishing without license or necessary permits or not complying with documentary requirements
To prove element # 4:
Certification from the
Register of Deeds that no
title was issued for the said
parcel of land; and
Certification from the NCIP
6. Intrusion of licensed and unlicensed or
commercial
fishers
in municipal waters
LGU that the
subject
property is not occupied or
possessed by the IPs/ICCs
4, 1955
7. Marketing and buying illegally-caughtbefore
fish &July
fishery
species

57

B. Failure to Comply with Report Requirements


Possible violation: Failure to
Recommended evidence for
conduct yearly report on FLA
Failure to conduct yearly report
(Sec. 103 (b), RA 8550)
on FLA in relation to Failure to
comply with report
Elements: when offender is FLA
requirements:
holder
Copy of the FLA indicating the
1.
The
offender
is
holder
of
accused as the holder
B. Failure to Comply with Report Requirements
Fishpond Lease Agreement
Copy of BFAR notice requiring
(FLA)
yearly report
2. He fails to render annual report Result of investigation by the
when due
investigating team indicating
failure to comply with the
annual reporting requirement

Penalties:

Where to file:

Immediate cancellation of FLA

BFAR Office

(Section 103 (b))


- added to every penalty:
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed
(Section 103)

Possible
violation:
Refusal
evidence
Penalties:
C. Illegal
Fishing
Activities
andorDealing Recommended
in Illegally-Caught
Fish orfor
Fishery Products
Refusal or failure to submit
failure to submit reports whenever
required of
bybreeders,
the Department
in
To be imposed by the
1. Capture
spawners,
eggs reports
or fry whenever required by
the Department in accordance
accordance with the Clean Water
Secretary, upon PAB
with the Clean Water Act in
Act (Sec. 27 (m), RA 9275)
recommendation:
relation to Failure to comply with
Elements:
report requirements:
Fine: P10,000.00 to
P200,000.00 for every day of
1. Refusal or failure to submit
violation, to be increased 10%
To prove Element #1:
Report and
Affidavit
DENR
reports and Operation of Fish Corrals/Traps,
every 2 years
2. Construction
Fish
Pensofand
Fish Cages
officials as to the refusal or
2. Reports are required by the
failure to submit reports
DENR in accordance with the
Closure, suspension of
Clean Water Act
development or construction, or
To prove Element #2:
cessation of operations or,
Certification that the report is
disconnection of water supply,
required by DENR in
until compliance (order may be
accordance with the
issued ex parte pending case)
provisions of the Clean Water
Act
(Section 28)

58

Where to file:
EMB Office or PAB

Possible violation: Failure or


Recommended evidence for
Penalties:
Failure or refusal to submit
refusal to submit reports, notices or
3. Failure
to Comply
Standards
reports, notices or other
other
information
(Sec. with
13 (b),
RA
Imprisonment: 6 months and
information in relation to Failure
6969)
one day to 6 years and one day
to comply with report
and a
Elements:
requirements:
1. Failure or refusal to submit
Fine: Php600.00 to P4,000.00
a. in Reports
Tomanagement
prove Elements
#1-2:
4. Fishing
overexploited or fishery
areas
b. Notices
Report and Affidavit of DENR
Shall not be covered by the
c. Other information
officials as to the failure or
Probation Law.
2. The reports, notices, other
refusal to submit reports,
information are required under
notices or other information
Deportation and bar from any
RA 6969
Failure to allow access to
subsequent entry into the
records required by RA 6969
Philippines after serving his or
Failure to permit inspection
her sentence if the offender is a
foreigner
5. Fishing without license or necessary permits or not complying with documentary
requirements
(Section 14 (a)(i))

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

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

59

Where to file:
Prosecutors Office

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


1. Capture of breeders, spawners, eggs or fry
Possible violation: Capture of sabalo, and
other breeders/spawners (Sec. 98, RA
8550)

Recommended evidence for Capture


of sabalo, and other
breeders/spawners in relation to
Capture of breeders, spawners, eggs
or fry:

Elements:
B. Failure
to Comply with
1. A person/entity
is Report Requirements
a. Catching
To prove Elements #1-3:
b. Gathering
Affidavit of the apprehending
c. Capturing
officer(s) indicating
o
The identity and personal
d. Possessing
circumstances of the
2. The fisheries species involved is
a. Mature milkfish called
apprehended person
sabalo
o
The circumstances of the
C. Illegal Fishingb.Activities
and
Dealing
in
Illegally-Caught
Fish
Fishery
Products
actorsuch
as catching,
Other breeders or
gathering, capturing or
spawners as determined
1. Capture of breeders,
eggsofor fry
possessing
by spawners,
the Department
o
Taking samples and
Agriculture
issuance of appropriate
3. The purpose of catching, gathering,
receipt evidencing the
capturing or possessing is not for local
taking of samples
breeding, or scientific or research
Positive identification and
purposes
certification by BFAR of the
2. Construction and Operation of Fish Corrals/Traps,species
Fish Pens
and Sabalo
Fish Cages
is either
or other
breeders/spawners
Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts

60

Penalties:
Imprisonment: 6 months
and 1 day to 8 years
and/or

Where to
file:

Fine: P80,000.00 and

Prosecutors
Office for
criminal
charges

Forfeiture of the catch,


and fishing equipment
used, and

BFAR for
revocation of
license

Revocation of license
(Section 98)

Possible violation: Exporting of breeders,


spawners, eggs or fry (Sec. 99, RA 8550)
3. Failure to Comply with Standards

Recommended evidence for


Exporting of breeders, spawners,
eggs or fry in relation to Capture of
breeders, spawners, eggs or fry:

Penalties:
Imprisonment: 8 years,

Element:
Confiscation of the
1. A person/entity exports
breeders, spawners,
To prove Element #1:
a. Breeder
Affidavit of the apprehending
eggs or fry, or
Spawner or fishery management
officer(s)
4. Fishing in b.
overexploited
areas indicating
c. Eggs, or
o
The identity and personal
Fine equivalent to
d. Fry
circumstances of the
double the value of the
apprehended person
same, and
o
The circumstances of the
exportation of the
Revocation of the fishing
breeders, spawners,
and/or export
eggs or fry
license/permit
Positive
identification
and
5. Fishing without license or necessary permits
or
not complying
with
documentary requirements
certification by BFAR or duly
(Section 99)
deputized officer of the breeder,
spawner, eggs or fry
Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Possible violation: Unauthorized fishing
Recommended evidence for
Penalties:
or engaging in other unauthorized
Unauthorized fishing or engaging in
fisheries
activities
(Section
86, par 1, RA fishother
unauthorized
On any commercial
7. Marketing
and buying
illegally-caught
& fishery
species fisheries
8550)
activities in relation to Capture of
fishing boat captain or
breeders, spawners, eggs or fry:
the three (3) highest
Unauthorized Fishing
officers of the boat:
To prove Elements #1-2:
Elements:
Affidavit of apprehending officer(s)
Fine: equivalent to value
1. A person or entity exploit, occupy,
indicating
of catch or P10,000.00,
produce, breed, culture, capture or
o
Actual exploitation,
whichever is higher, and
gather
occupation, production,
a. Fish, fry or fingerlings of any
breeding, culture, capture Imprisonment: 6

61

Where to
file:
Prosecutors
Office for the
criminal
charges
BFAR for the
revocation of
the fishing
and/or export
license/permit

Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for
automatic
revocation of
license to fish

fishery species or
b. fishery products
The fishery activity is done in Philippine
waters
It is done without license, lease or
permit

or gathering
Fish, fry or fingerlings of
2.
any fishery species or
fishery products
3.
o
The location of the
activity is within
Philippine waters or the
position of the vessel
Note:
when applicable
B. Failure to Comply with Report Requirements
Discovery of any person in an area where he
o
The fact that upon
has no permit or registration papers for a
apprehension, no permit,
fishing vessel shall constitute a prima facie
license or lease was
presumption that the person and/or vessel is
presented by the accused
engaged in unauthorized fishing.
Apprehension Report with
inventory, seizure receipt and/or
Exception: fishing for daily food sustenance
disposal or turnover receipts
or for leisure
which
is not for
PictureFish
of the
subject
of the
C. Illegal
Fishing
Activities
andcommercial,
Dealing in Illegally-Caught
oractivity
Fishery
Products
occupation or livelihood purposes
offense and other objects showing
the location of the activity, and
1. Capture of breeders, spawners, eggs or fry
fishing vessel and/or receipt if
impounded fishing boat, when
applicable
Certification duly issued by the
BFAR/LGU/other competent
authority that no permit, license or
in favor
of the
2. Construction and Operation of Fish Corrals/Traps,lease
Fish was
Pensissued
and Fish
Cages
accused
Possible violation: Unauthorized fishing
or engaging in other unauthorized
fisheries activities (Section 86, par 1, RA
8550)
Engaging in Other Unauthorized
Fisheries Activities

Recommended evidence for


Unauthorized fishing or engaging in
other unauthorized fisheries
activities in relation to Capture of
breeders, spawners, eggs or fry:
To prove element #1-3:

62

months,
Confiscation of catch
and fishing gears, and
Automatic revocation of
license.
(Section 86)

Affidavit of apprehending officer


Elements:
that
to Comply
with Standards
o
such person or entity is
1.3. Failure
A person/entity
is engaged
in any
engaging in fishery activity
fishery activity
o
the activity is within
2. The fishery activity is done in Philippine
Philippine waters
waters
o
Upon apprehension, no
3. It is done without license, lease or
permit in overexploited or fishery management areaslicense, lease or permit
4. Fishing
was shown
Picture of the activity subject of the
Note:
offense and other objects showing
Discovery of any person in an area where he
the location of the activity, and
has no permit or registration papers for a
fishing vessel and/or receipt if
fishing vessel shall constitute a prima facie
impounded fishing boat, when
presumption that the person and/or vessel is
applicable
engaged in unauthorized fishing.
Certification
duly issued
by the
5. Fishing without license or necessary permits
or
not complying
with documentary
requirements
BFAR/LGU/other competent
Exception: fishing for daily food sustenance
authority that no permit, license or
or for leisure which is not for commercial,
lease was issued in favor of the
occupation or livelihood purposes
accused
Apprehension Report with
inventory, seizure receipt and/or
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
disposal
or turnover
receipts
Possible violation: Importation or
Recommended evidence for
exportation
fishbuying
or fishery
species
or exportation of fish or
7. Marketingofand
illegally-caught
fishImportation
& fishery species
(Sec. 100, RA 8550)
fishery species in relation to Capture
of breeders, spawners, eggs or fry:
Elements:
1. A person/entity engages in
To prove Elements #1-2:
a. Importation
Affidavit of the apprehending
officer(s) indicating
b. Exportation
2. Of fish or fishery species (breeders,
o
The identity and
spawners, eggs or fry)
personal
3. Such importation or exportation violates
circumstances of the

63

Penalties:
Imprisonment: 8 years
Fine: P80,000.00 and
Destruction of live
fishery species or
Forfeiture of non-live
fishery species in favor

Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for ban

the Fisheries Code

apprehended person
The circumstances
showing the act of
exportation or
importation
o
Taking of specimen
and issuance of
certificate of fish
and/or fishery
B. Failure to Comply with Report Requirements
sample taken for
determination of
whether said fishery
product is a breeder,
spawner, egg or fry
Certification from BFAR of nonissuance of export or import permit
in favorFish
of the
C. Illegal Fishing Activities and Dealing in Illegally-Caught
oraccused
Fishery Products
Apprehension Report with
inventory, seizure receipt and/or
1. Capture of breeders, spawners, eggs or fry
disposal or turnover receipts
o

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

64

of the department for its


proper disposition:
Ban from being
members or stock
holders of companies
currently engaged in
fisheries or companies
to be created in the
future, the guidelines for
which shall be
promulgated by the
Department.
(Section 100)

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Possible violation: Construction
Recommended evidence for
Penalties:
3. Failure
to Comply
and
Operation
of Fishwith Standards Construction and Operation of
Corrals/Traps, Fish Pens and Fish Fish Corrals/Traps, Fish Pens
Fine: P2,000.00 to P10,000.00
Cages (Sec. 103 (e), RA 8550)
and Fish Cages in relation to
or
Construction and Operation of
Elements:
Fish Corrals/Traps, Fish Pens
Imprisonment: 1 month and 1
Fish Cages:
in constructs
overexploited
management
areas
1.4. Fishing
A person
and or fisheryand
day to 6 months, or
operates fish corrals/traps, fish
pens and fish cages
To prove Elements #1-2 for this
Both, upon the discretion of the
2. It is without a license/permit.
illegal activity:
court
Affidavit indicating
construction and operation of
Administrative fine: not more
fish corrals, fish traps, fish
than P10,000.00 or
pens, and/or fish cages by
5. Fishing without license or necessary permits
or not complying
with documentary
the apprehending
officers or
Cancellation ofrequirements
his permit or
other witnesses, or
license, or both in the discretion
investigation report by the
of the Secretary
investigating
team/apprehending officers
Impoundment of confiscated
Picture or sketch of the fish
materials used in the
corrals, fish traps, fish pens,
construction and operation by
6. Intrusion of licensed and unlicensed commercial
fishers
municipalthe
waters
and/or fish cages
byinthe
Department with the
apprehending officers or
assistance of the Philippine
other witnesses
Coast Guard, PNP-Maritime
Certification
that
no permit or
Command
7. Marketing and buying illegally-caught
fish
& fishery
species
license was issued in favor of
the accused by BFAR, LGU,
- added to every penalty:
or other competent authority
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed
(Section 103)

65

Where to file:
Prosecutors Office
BFAR for the
administrative case;
or LGU if allowed by
an ordinance

Possible violation: Obstruction to


Navigation or Flow and Ebb of
Tide in any Stream, River, Lake or
Bay (Sec. 103 (d), RA 8550)

Recommended evidence for


Obstruction to Navigation or
Flow and Ebb of Tide in any
Stream, River, Lake or Bay in
relation to Construction and
Operation of Fish
Corrals/Traps, Fish Pens and
Fish Cages:

Penalties:

Where to file:

Fine: P2,000.00 to P10,000.00


or

Prosecutors Office

Imprisonment:1 month and 1


day to 6 months, or

Elements:
1. Any person/entity puts a
structure
in stream,
river, lake
Both, upon the discretion of the
B. Failure
to Comply
with Report
Requirements
or bay
court
To prove Elements #1-2:
Affidavit indicating existence
2. Such structure obstructs
of fish corrals/traps, fish pens Administrative fine: not more
navigation or flow and ebb of
and fish cages constructed in than P10,000.00 or
tide in said bodies of water.
a stream, river, lake or bay
and the effect of such
Cancellation of his permit or
structure obstructs navigation license, or
or the ebb and Fish
flow of
or Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
ortide;
Fishery
investigation report by the
Both in the discretion of the
investigating
Secretary
1. Capture of breeders, spawners, eggs or fry
team/apprehending officers
indicating the above
Impoundment of the
information
confiscated materials used in
Picture or sketch of the fish
the construction and operation
corrals/traps, fish pens and
by the Department with the
fish cages constructed in a
assistance of the Philippine
stream, river,
orand
bay Fish Cages
Coast Guard, PNP-Maritime
2. Construction and Operation of Fish Corrals/Traps,
Fishlake
Pens
Certification by Philippine
Command
Coast Guard or other
competent authority that the
(Section 103)
fish corrals/traps, fish pens
and fish cages impede
navigation; or Certification by
the Municipal Agriculture
Officer that the fish
corrals/traps, fish pens and

66

BFAR for the


administrative case;
or LGU if allowed by
an ordinance

fish cages obstructs the flow


and ebb of tides

3. Failure to Comply with Standards


Possible violation: Obstruction of
Recommended evidence for
Penalties:
Defined Migration Paths (Sec. 105, Obstruction of Defined
RA 8550)
Migration Paths in relation to
Construction and Operation of
Imprisonment: 7 to 12 years or
Elements:
Corrals/Traps,
4. Fishing in overexploited or fisheryFish
management
areasFish Pens
and Fish Cages:
1. A migration path of
Fine: P50,000.00 to
anadromous, catadromous, and
P100,000.00 or
other migratory species is
To prove Elements #1-2:
Affidavit indicating existence
defined
Both, at the discretion of the
of fish corrals/traps, fish pens court, and
2. Such migratory path was
and fish cages constructed in
obstructed by the construction
a defined migration path; or
and operation of fish
Cancellation of permit/license,
investigation
by the with documentary
corrals/traps,
fish
pens and
fish
if any, and
5. Fishing
without
license
or necessary
permits
or notreport
complying
requirements
investigating
cages
team/apprehending officers
Dismantling of obstruction shall
Note: Example of migration pathson the same
be at his own expense and
river mouths and estuaries within a
Picture or sketch of the fish
confiscation of same.
distance determined by the
corrals/traps, fish pens and
concerned FARMCs
fish cages in the defined
(Section 105)
6. Intrusion of licensed and unlicensed commercial
fishers in municipal waters
migration path
Certification by BFAR or
concerned FARMCs that the
area&isfishery
a migration
path
7. Marketing and buying illegally-caught fish
species

67

Where to file:
Prosecutors Office
BFAR for the
administrative case;
or LGU if allowed by
an ordinance

Possible violation: Aquatic


pollution - Unsound agricultural
practices: Use of banned chemicals
and use of artificial fish feed causing
similar hazards and deleterious
effects (Secs. 102 & 4(4), RA 8550)

Recommended evidence for


Penalties:
Aquatic pollution - Unsound
agricultural practices: Use of
Imprisonment: 6 years and 1
banned chemicals and use of
day to 12 years and/or
artificial fish feed causing
similar hazards and deleterious
Fine: P80,000.00 plus an
effects in relation to
additional fine of P8,000.00 per
Elements:
Construction and Operation of
day until such violation ceases
Fish
Corrals/Traps,
Fish
Pens
and the fines paid.
B. Failure to Comply with Report Requirements
1. Conduct of unsound agricultural and Fish Cages:
practices, such as intensive use
(Section 102)
of artificial fish feed and wetland To prove Element #1:
conversion as a result of
- Photo or video showing as
construction and operation of
intensive use of artificial fish
fish corrals/traps, fish pens and
feed and wetland conversion
fish cages
as a result of construction and
operation of fishFish
corrals/traps,
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery Products
2. Said unsound agricultural
fish pens and fish cages
practices
cause hazards
and eggs or
- fry
Report on the intensive use of
1. Capture
of breeders,
spawners,
deleterious effects as to harm
artificial fish feed and wetland
living and non-living aquatic
conversion as a result of
resources, pose potential
construction and operation of
and/or real hazard to human
fish corrals/traps, fish pens
health, hindrance to the aquatic
and fish cages; or affidavit of
activities such as fishing and
witness on the same
navigation
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
To prove Element #2:
Certification or issuance by
the BFAR that the intensive
use of artificial fish feed and
wetland conversion resulted
or is likely to result in such
deleterious effects as to harm
living and non-living aquatic
resources, pose potential

68

Where to file:
Prosecutors Office

and/or real hazard to human


health, hindrance to the
3. Failure to Comply with Standards
aquatic activities such as
fishing and navigation; or
affidavit of expert witness as
to the hazard and deleterious
effects of the unsound
agriculturalareas
practices
4. Fishing in overexploited or fishery management
Possible violation: Unauthorized
obstruction of river or waterway
or occupancy of riverbank (Sec.
91 (B)(3), PD 1067)

Recommended evidence for


Penalties:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank in relation to
Imprisonment exceeding three
Construction and Operation of
years but not more than six
Elements: Unauthorized obstruction
Fish Corrals/Traps, Fish Pens
years
andpermits
Fish Cages:
of5.river
or waterway
Fishing
without license or necessary
or not complying with documentary requirements
Fine exceeding three thousand
1. There is construction and
but not more than six thousand
To prove elements # 1 & 2:
operation of fish corrals/traps,
Picture of fish corrals/traps,
fish pens and fish cages in a
Both at the discretion of the
fish pens and fish cages
river or waterway;
court
obstructing a river or
2. Such construction or operation
waterway;
6. Intrusion
licensed
and unlicensed
fishersorin municipal waters
obstructsof
the
river or waterway;
- commercial
Ocular inspection
3. The construction or operation is
investigation report or
without permit.
affidavit showing fish
corrals/traps,
pens and
7. Marketing and buying illegally-caught fish
& fisheryfish
species
fish cages obstructing a river
or waterway
To prove element # 3:
Certification by LGU that fish
corrals/traps, fish pens and
fish cages are not permitted

69

Where to file:
Prosecutors Office

3. Failure to Comply with Standards


Possible violation: Failure to
comply with minimum safety
standards (Sec. 103 (a), RA 8550)

Recommended evidence for


Failure to comply with minimum
safety standards in relation to
Failure to comply with
standards:

Penalties:

Where to file:

Immediate prevention from


continuing with fishing activity
and escorted to the nearest port
or landing point.

Prosecutors Office

Elements:
1. A person/entity is engaged in
fishing
To prove Elements #1-2:
2. The
or captain
of a Requirements
Copy of the Commercial
Suspension of license to
B. Failure
toowner
Comply
with Report
commercial fishing vessel fails
Fishing Vessel and Gear
operate the commercial fishing
to exhibit or show proof of
License
vessel until the safety standard
compliance with the safety
Copy of boat license from
has been complied with.
standards
MARINA
Affidavit of the apprehending
(Section 103 (a))
officer(s) indicating
o The identity and
Fine: P2,000.00 to P10,000.00
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
personal circumstances
or
of the apprehended
person
Imprisonment: 1 month and 1
1. Capture of breeders, spawners, eggs or fry
o The position or location
day to 6 months, or
of the fishing vessel if at
sea
Both, upon the discretion of the
o The conduct of
court
inspection and the
specific violations of
Administrative fine: not more
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens and Fish Cages
safety
standards
than P10,000.00 or
Apprehension Report with
inventory and seizure receipt
Cancellation of his permit or
Receipt of confiscated fish
license, or
and disposal thereof, if any
Both in the discretion of the
Secretary

Impoundment by the
Department with the assistance

70

BFAR for
administrative
charges and
proceedings

of the Philippine Coast Guard,


PNP-Maritime Command

3. Failure to Comply with Standards

(Section 103)
- added to every penalty:
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed

4. Fishing in overexploited or fishery management areas

(Section 103)
Possible violation: Commercial
Recommended evidence for
Penalties:
Fishing Vessel Operators
Commercial Fishing Vessel
Employing
Unlicensed
Fisherfolk
Operators
Fine: P500.00requirements
each for every
5. Fishing without
license
or necessary
permitsEmploying
or not complying with documentary
or Fishworker or Crew (Sec. 104,
Unlicensed Fisherfolk or
month that the same has been
RA 8550)
Fishworker or Crew in relation
employed and/or P1,000.00 for
to Failure to comply with
every month for each
Elements:
standards:
unlicensed crew member who
1. A person/entity owns or
has been employed.
operates a commercial fishing
To prove Elements #1-3:
6. Intrusion
fishersthat
in municipal
waters 104)
- commercial
Affidavit indicating
(a) at
vessel of licensed and unlicensed
(Section
the time of apprehension,
2. The owner/operator employs
persons who were later found
fisherfolk, fishworker or crew
out to
unlicensed
were
3.
Said fisherfolk,
fishworker
or
7. Marketing
and buying
illegally-caught
fish
& be
fishery
species
employed as fish workers or
crew are unlicensed
crew, and that (b) the
apprehending team asked for
their licenses but none could
be presented
Apprehension report by the
apprehending team
Inventory of crew by the
apprehending officers or

71

Where to file:
Prosecutors Office

investigating team
Certification by BFAR that no
license has been issued in
the name of the alleged
unlicensed fishworker and/or
crew

Possible violation: Violation of


Recommended evidence for
Penalties:
catch
ceilings
(Sec.
101,
RA
8550)
Violation
of
catch
ceilings
in
B. Failure to Comply with Report Requirements
relation to Failure to comply
Imprisonment: 6 months and 1
with standards:
day to 6 years and/or
Elements:
1. Catch ceiling was declared by
Fine: P50,000.00 and
To prove Element #1:
Certified true copy of the
the Department
FAO or ordinance declaring
2. A person/entity catches fish or
Forfeiture of the catch, and
fishery species more than such
catch ceiling
fishing equipment used and
ceiling
C. Illegalcatch
Fishing
Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove Element #2:
Revocation of license
- fryAffidavit of the apprehending
1. Capture of breeders, spawners, eggs or
officer(s) indicating that the
(Section 101)
catch is more than the catch
ceiling
Other evidence:
Apprehension Report with
inventoryFish
and seizure
receipt
2. Construction and Operation of Fish Corrals/Traps,
Pens and
Fish Cages
of confiscated fish and
disposal thereof, if any

72

Where to file:
Prosecutors Office
BFAR/LGU for the
revocation of
license

4. Fishing in overexploited or fishery management areas


Possible violation: Unauthorized Recommended evidence for
Penalties:
3. Failure to Comply with Standards
fishing by commercial fishing
Unauthorized fishing by
vessel (Sec. 86, par. 3, RA 8550)
commercial fishing vessel in
On any commercial fishing boat
relation to Fishing in
captain or the three (3) highest
Elements:
overexploited or fishery
officers of the boat:
management areas:
4. Fishing
in overexploited
1.
A person
or entity is a or fishery management areas
Fine: equivalent to value of
commercial fishing vessel in
catch or P10,000.00, whichever
To prove Elements #1-2:
the act of fishing
is higher, and
Affidavit of apprehending
2. The fishing activity is within
officer(s) indicating
bays and in other fishery
Imprisonment: 6 months,
o
Actual fishing activity
management areas
Confiscation of catch and
o
The position/location
3. Such area was declared as
fishing gears, and
of the fishing vessel
over-exploited
showing it is inside
5. Fishing without license or necessary permits or
notand
complying
requirements
Automatic revocation
of
bays
in other with documentary
license.
fishery management
areas that are
declared
overexploited
Copy of the boat registration or
certification issued by
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
MARINA/PCG as to its gross
tonnage
Receipt of confiscated fish and
thereof,species
if any
7. Marketing and buying illegally-caughtdisposal
fish & fishery
Apprehension report with
inventory and seizure receipt
Picture of the fishing vessel
and/or receipt of impounded
fishing boat
Certification by BFAR/LGU that
the bay or fishery management
area is over-exploited

73

Where to file:
Prosecutors Office
BFAR for the
automatic
revocation of
license
MARINA for the
cancellation of the
vessel registration
(MARINA Rules)

Possible violation: Use of active


gear in municipal waters and
bays and other fishery
management areas (Sec. 90, RA
8550)

Recommended evidence for Use


of active gear in municipal
waters and bays and other
fishery management areas in
relation to Fishing in
overexploited or fishery
management areas:

Penalties:

Where to file:

For the boat captain and


master fisherman:
Imprisonment: 2 to 6 years

Prosecutors Office

Elements:
(Section 90 (1))
1. A person/entity is fishing
inside
fishery management
For the vessel owner/operator:
To prove Element #1:
B. Failure
to Comply
with Report Requirements
Affidavit of apprehending
areas
Fine: P2,000.00 to 20,000.00
officer(s) indicating
2. He uses active gear in fishing
upon the discretion of the court.
o The position/location of
the fishing vessel within If the owner/operator is a
Note: Active fishing gear is
a fishery management
characterized by gear movement,
corporation, the penalty shall
area
and/or pursuit of the target species
be imposed on the chief
o The act or actual fishing executive officer of the
by towing, lifting and pushing the
activity ofFish
the vessel
in Products
gears, Fishing
surrounding,
covering,
Corporation.
C. Illegal
Activities
and Dealing in Illegally-Caught
or Fishery
the area using a fishing
dredging, pumping and scaring the
gear
target species
to impoundments.
If the owner/operator is a
1. Capture
of breeders,
spawners, eggs or fry
Receipt of confiscated fish and partnership the penalty shall be
disposal thereof, if any
imposed on the managing
Apprehension report with
partner.
inventory and seizure receipt
(Section 90(2))
To prove Element #2:
Affidavit byFish
the apprehending
Confiscation and forfeiture of
2. Construction and Operation of Fish Corrals/Traps,
Pens and Fish Cages
officer showing that the gear
catch
used is active
Apprehension report and
(Section 90)
seizure receipt of confiscated
gear
Picture of gear used

74

Possible violation: Fishing in


Recommended evidence for
Penalties:
overfished area and during
Fishing in overfished area and
3. Failure
to Comply
with
Standardsduring closed season in relation
closed
season
(Sec. 95,
RA
Imprisonment: 6 months and 1
8550)
to Fishing in overexploited or
day to 6 years and/or
fishery management areas:
Elements:
Fine: P6,000.00 and
1. A person or entity is engaged
To prove Element #1:
in fishing
- management
Affidavit of the
apprehending
Forfeiture of the catch and
4. Fishing
in overexploited or fishery
areas
2. Fishing is done in a declared
officer(s) indicating that the
overfished area, and
apprehended person is in the
Cancellation of fishing permit
act of fishing
3. Fishing was done during
or license.
closed season
To prove Element #2-3:
(Section 95)
Affidavit of apprehending
officer indicating the position or
location of
5. Fishing without license or necessary permits
orthe
notfishing
complying with documentary requirements
vessel/facility
Certified true copy of the
FAO/ordinance or certificate
from BFAR/LGU declaring the
area as overfished and that it
is closed for fishing
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Other evidence:
Apprehension Report with
and seizure
receipt
7. Marketing and buying illegally-caughtinventory
fish & fishery
species
of confiscated items and fish or
fishery products

75

Where to file:
Prosecutors Office
BFAR for the
administrative
charges

Possible violation: Fishing in


fishery reserves, refuge and
sanctuaries (Sec. 96, RA 8550)

Recommended evidence for


Fishing in fishery reserves,
refuge and sanctuaries in
relation to Fishing in
overexploited or fishery
management areas:

Elements:
1. A person/entity engages in
fishing
2. The fishing activity is done
To prove Element #1:
inside
an
area
declared
by
DA
Affidavit of the apprehending
B. Failure to Comply with Report Requirements
as a fishery reserve, refuge or
officer(s) indicating that the
sanctuary
apprehended person is in the
act of fishing

Penalties:

Where to file:

Imprisonment: 2 to 6 years
and/or

Prosecutors Office

Fine of P2,000.00 to
P20,000.00 and
Forfeiture of the catch and
Cancellation of fishing permit
or license.

To prove Element #2:


(Section 96)
Affidavit of apprehending
officer indicating that the
fishing is done inside
theFishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or
fishery reserve, refuge or
sanctuary
1. Capture of breeders, spawners, eggs or fry
Certified true copy of the FAO
or certificate from BFAR
declaring the area as a fishery
reserve, refuge or sanctuary
Other evidence:
Apprehension
with Fish Cages
2. Construction and Operation of Fish Corrals/Traps,
FishReport
Pens and
inventory and seizure receipt
of confiscated items and fish or
fishery products

76

BFAR for the


administrative
charges

5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Unauthorized
Recommended evidence for
Penalties:
3. Failure
Complyin
with
StandardsUnauthorized Fishing or
Fishing
or to
Engaging
Other
Unauthorized Fisheries
Engaging in Other Unauthorized
On any commercial fishing boat
Activities (Section 86, par 1, RA
Fisheries Activities in relation to
captain or the three (3) highest
8550)
Fishing without license or
officers of the boat:
necessary permits or not
Elements:
complying
with areas
documentary
Fine: equivalent to value of
4. Fishing in overexploited or fishery
management
requirements:
1. A person or entity exploit,
catch or P10,000.00, whichever
occupy, produce, breed,
is higher, and
culture, capture or gather
To prove Elements #1-3:
a. Fish, fry or
Imprisonment: 6 months,
Affidavit of apprehending
fingerlings
officer(s) indicating
b. Of any fishery
Confiscation of catch and
o
Actual fishing activity
species or fishery
fishing gears, and
o
That the fishing
products
activity
is within with documentary requirements
5. Fishing without
license or necessary permits or
not complying
2. The fishery activity is done in
Automatic revocation of
Philippine waters
Philippine waters
license.
o
The fact that upon
3. It is done without license,
apprehension, no
lease or permit
(Section 86)
permit, license or
lease was presented
Note: Discovery of any person in
by the accused
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters
said
areas without
permit or
Picture showing
the fishing
registration is prima facie evidence.
activity
GPS reading of the location of
the fishing activity
7. Marketing and buying illegally-caught fish & fishery species
Receipt of confiscated fish and
disposal thereof, if any
Apprehension report with
inventory and seizure receipt
Receipt of impounded vessel
-

77

Where to file:
Prosecutors Office
BFAR for the
administrative
charges

Certification duly issued by the


BFAR/LGU/other competent
authority that no permit,
license or lease was issued in
favor of the accused

Possible violation: Poaching in


Recommended evidence for
Penalties:
Poaching in Philippine waters in
Philippine waters (Sec. 87, RA
relation to Fishing without
8550) to Comply with Report Requirements
Fine: US$100,000.00
B. Failure
license or necessary permits or
Elements:
not complying with documentary
Confiscation of catch, fishing
requirements:
1. Any foreign person,
equipment and fishing vessel
corporation or entity fishes or
operates the fishing vessel
(Section 87)
To prove Elements #1-2:
2. Such fishing activity or
Affidavit of apprehending
operation of fishing vessel is
officer(s) indicating
conducted
within Philippine
o
The position/location
C. Illegal
Fishing Activities
and Dealing in Illegally-Caught
Fish or Fishery Products
waters
of the fishing vessel
showing it is inside
1. Capture of breeders, spawners, eggs or fry
Prima facie act of poaching (FAO
the Philippine waters
200, S. 2000)
including EEZ,
internal waters or
1. Foreign fishing vessel enters
municipal waters
the Philippine waters
o
Actual fishing activity
2. Such entry is accompanied by
or acts constituting
any of theand
following
facie evidence
2. Construction
Operation of Fish Corrals/Traps,prima
Fish Pens
and Fish Cages
circumstances:
of poaching
a. Navigating with its
o
That the vessel is not
fishing gear
of Philippine
deployed and/or not
nationality
stowed
Copy of the vessel registration
b. Navigating with an
papers
irregular track or
GPS reading of the location of
route
the vessel and fishing activity
c. Navigating through
Receipt of confiscated fish and

78

Where to file:
Prosecutors Office
BFAR for
administrative
charges

Philippine territorial
disposal thereof, if any
waters without prior
Apprehension report with
3. Failure to Comply
Standards
notice to,with
clearance
inventory and seizure receipt
of, or permission
Picture of the fishing vessel
from the appropriate
and/or receipt of impounded
Philippine authority
fishing vessel
d. Navigating in a
that does
Note:
Exclusive Economic
Zone
4. Fishing in manner
overexploited
or fishery
management
areas
not qualify as
(EEZ) refers to the area from the
innocent passage
seaward edge of the state's
nor navigating
territorial sea out to 200 nautical
outside traditional
miles from its coast. The term may
routes or in identified include the territorial sea and even
fishing grounds
the continental shelf beyond the
e. Navigating without
200-mile limit. A state has special
flying its
national
rightspermits
over theorexploration
and use
5. Fishing without
license
or flag
necessary
not complying
with documentary requirements
3. Or when foreign fishing vessel of marine resources, including
is found within Philippine
energy production from water and
waters and is found
wind in the EEZ. (United Nations
a. Lying-to or anchoring Convention on the Law of the Sea,
without any valid
2011)
reasons or
6. Intrusion of
licensed andthat
unlicensed commercial fishers in municipal waters
circumstances
may indicate the
existence of force
majeure, distress, or
7. Marketing and buying illegally-caught fish & fishery species
for purpose of
rendering assistance
to persons, ships or
any sea craft that is
endangered or in
distress
b. Lying-to or anchoring
at, or anchoring near
to or within known

79

4.

fishing grounds or
marine protected
areas
Or when such foreign fishing
vessel is in possession of
freshly caught fish on deck or
in storage, or corals, or
mollusks.

B. Failure to Comply with Report Requirements


Possible violation: Unauthorized
Recommended evidence for
Penalties:
commercial fishing within municipal Unauthorized commercial fishing On any municipal fisherfolk:
within municipal waters in
waters (Sec. 86, par 5, RA 8550)
relation to Fishing without
Confiscation of catch and
Elements:
license or necessary permits or
not complying with documentary
1. A person is not listed in the
Fine: P500.00
requirements:
registry of municipal fisherfolk
2. The
fishingActivities
activity is and
for trade,
C. Illegal
Fishing
Dealing in Illegally-Caught Fish or Fishery Products
business or profit, and not
To prove Element #1:
subsistence
or sports
fishing eggs- or fry
Certification from MAO that the
1. Capture
of breeders,
spawners,
3. Said fishing activity is within
person is not listed in the
municipal waters
registry of municipal fisherfolk
To prove Element #2:
Note: Municipal waters, is the
Affidavit of apprehending
area located within 15 kilometers
officer(s) indicating that the
from the coastand
line.Operation
(Sec. 4, par.
58, Corrals/Traps,
fishing activity
for trade,
2. Construction
of Fish
FishisPens
and Fish Cages
RA 8550)
business or profit
To prove Element #3:
Affidavit showing that the
fishing activity was done within
municipal waters
GPS reading of the location of
the vessel and fishing activity
Receipt of confiscate fish and

80

Where to file:
Prosecutors Office

disposal thereof, if any


Apprehension report with
inventory and seizure receipt
Picture of the fishing activity
Receipt of impounded fishing
boat, if any
Possible violation: Commercial
Recommended evidence for
Penalties:
Fishing
Vessel
Operators or fishery
Commercial
Fishing
4. Fishing
in overexploited
management
areasVessel
Employing Unlicensed
Operators Employing Unlicensed Fine: P500.00 each for every
Fisherfolk or Fishworker or Crew Fisherfolk or Fishworker or Crew
month that the same has been
(Sec. 104, RA 8550)
in relation to Fishing without
employed and/or P1,000.00 for
license or necessary permits or
every month for each
Elements:
not complying with documentary
unlicensed crew member who
requirements:
4. A person/entity owns or
has been employed.
operates a commercial fishing
5. Fishing
permits
or not#1-3:
complying with documentary
vessel without license or necessary
(Section 104) requirements
To prove
Elements
Affidavit indicating that (a) at
5. The owner/operator employs
the time of apprehension,
fisherfolk, fishworker or crew
persons who were later found
6. Said fisherfolk, fishworker or
out to be unlicensed were
crew are unlicensed
employed as fish workers or
crew, and that (b) the
6. Intrusion of licensed and unlicensed commercial
in municipal
waters
apprehendingfishers
team asked
for
their licenses but none could
be presented
Apprehension
by the
7. Marketing and buying illegally-caught
fish & fisheryreport
species
apprehending team
Inventory of crew by the
apprehending officers or
investigating team
Certification by BFAR that no
license has been issued in the
name of the alleged
unlicensed fishworker and/or
crew
3. Failure to Comply with Standards
-

81

Where to file:
Prosecutors Office

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


Possible violation: Unauthorized
commercial fishing within
municipal waters (Sec. 86, pars. 1,
in relation to Sec. 18, RA 8550)

Recommended evidence for


Unauthorized commercial
fishing within municipal waters
in relation to Intrusion of
licensed and unlicensed
Elements:
commercial fishers in municipal
waters:
1. The fishing vessel weighs at
least
gross with
tons Report
(FAO 198,
B. Failure
to 3.1
Comply
Requirements
Series of 2000)
To prove Element #1:
2. Said fishing vessel is in the act
Copy of the boat registration
of fishing
or certification issued by
3. The fishing activity is located
MARINA/PCG/LGU as to its
within municipal waters
gross tonnage

Penalties:

Where to file:

On any commercial fishing


boat captain or the three (3)
highest officers of the boat:

Prosecutors Office

Fine: equivalent to value of


catch or P10,000.00,
whichever is higher, and
Imprisonment: 6 months,
Confiscation of catch and
fishing gears, and

Note: Municipal waters, is the area


To prove Elements #2-3:
C. Illegal
Activities
and
Dealing in
Fish or Fishery Products
locatedFishing
within 15
kilometers
from
Automatic revocation of
- Illegally-Caught
Affidavit of apprehending
the coast line. (Sec. 4, par. 58,
license.
officer(s) indicating
RA 8550)of breeders, spawners, eggs or fry o Actual fishing activity
1. Capture
(Section 86)
o The GPS reading
showing that the
fishing vessel is
within 15 kilometers
from the coastline
Picture of the fishing vessel
2. Construction and Operation of Fish Corrals/Traps,
Fish
and
Fish Cages
engaged in
thePens
fishing
activity
Other evidence:
Receipt of confiscated fish
and disposal thereof, if any
Apprehension report with
inventory and seizure receipt
Receipt of impounded fishing
boat

82

BFAR for the


administrative
charges

7. Marketing and buying illegally-caught fish, fishery species & other aquatic wildlife
Possible violation: Dealing in,
Recommended evidence for
Penalties:
3. Failure to Comply with Standards
selling or in any manner
Dealing in, selling or in any
disposing of illegally-caught fish
manner disposing of illegallyImprisonment: 6 months to 2
(Sec 88, par. 4 in relation to par.
caught fish in relation to
years.
1, RA 8550)
Marketing and buying illegallycaught fish, fishery species &
(Section 88 (4))
4. Fishing in overexploited or fishery
management
areas
Elements:
other
aquatic wildlife:
1. The fish or any fishery species
Forfeiture of explosives,
was caught or gathered with
To prove Element #1:
noxious or poisonous
the use of electricity,
substances and/or electrical
Certification by the fish
explosives, noxious or
devices, as well as the fishing
examiner that the fish is
poisonous substance
vessels, fishing equipment and
caught with the use of
2. Such fish or any fishery
catch
explosives; or
species is dealt in, sold or in
Certification by the BFAR
5. Fishing
without
licenseof,orfor
necessary permits
orthat
not the
complying
requirements
any manner
disposed
(Section 88 (5))
laboratory
fish is with documentary
profit
caught with the use of
electricity or noxious or
poisonous substances
Photographs of the fish
examination, when applicable
Receipt of fish samples taken
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
for examination issued by the
apprehending officers
To prove
#2:
7. Marketing and buying illegally-caught
fish Element
& fishery
species
Affidavit by the apprehending
officers indicating the acts of
o
Dealing in, selling, or
in any manner
disposing of, for
profit, illegally
caught/gathered
fishery species
o
Possession of such

83

Where to file:
Prosecutors Office

fish/fishery species in
fish landing, or
market places
Auxiliary invoice, if any

Other evidence:
Apprehension report with
inventory and seizure receipt

B. Failure to Comply with Report Requirements


Possible violation: Ban on whale
Recommended evidence for Ban
Penalties:
shark and manta rays (FAO 193,
on whale shark and manta rays
S. 1998)
in relation to Marketing and
Imprisonment: 6 months to 4
buying illegally-caught fish,
years and/or
Elements:
fishery species & other aquatic
wildlife:
1. A person/entity
Fine: P500 to P5,000
a. Takes,
b. Catches,
prove Element #1:Fish or Fishery Products
Administrative fine: not more
C. Illegal Fishing
Activities and Dealing To
in Illegally-Caught
c. Sells,
than P5,000
Affidavit of the apprehending
Purchases,
or
officer(s)/witness indicating
1. Capture ofd.breeders,
spawners,
eggs or fry
e. Exports, or
Cancellation of fishing
that the apprehended
f.
Accidentally catches
permit/license
person/suspect has taken,
a fishery species.
caught, sold, purchased, or
Confiscation of the catch
exported, or accidentally
2. The fisheries species involved
caught whale shark or manta
is whale shark or manta ray
(FAO 193, S. 1998)
ray
3. Such species
is in any state
or Corrals/Traps,
Pictures ofFish
the whale
shark
or Cages
2. Construction
and Operation
of Fish
Pens and
Fish
form, dead or alive
manta ray
To prove Elements #2-3:
Positive identification and
certification by BFAR or duly
deputized officer that the
species are whale shark or
manta ray, including its state
or condition when confiscated

84

Where to file:
Prosecutors Office
BFAR for the
administrative
charges

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

85

Where to file:
Prosecutors Office

Apprehension Report with


inventory and seizure receipt
Receipt of confiscated fish and
disposal thereof, if any

Possible violation: Wildlife


trading (Sec. 27(e), RA 9147)

Recommended evidence for


Penalties:
Wildlife trading in relation to
Marketing and buying illegallySpecies listed as critical
Elements:
caught
fish,
fishery
species
&
Imprisonment: 2 years and 1
B. Failure to Comply with Report Requirements
1. There is trading of wildlife, other aquatic wildlife:
day to 4 years and/or
their derivatives or by-products
Fine: P5,000 to 300,000
2. The trade occurred locally or To prove Elements #1 & 2:
internationally
Document (i.e. invoice, receipt, Endangered species
3. There is no permit for the trade
etc.) showing that there was Imprisonment: 1 year and 1
of wildlife, their derivatives or
of
wildlife,
their day to 2 years and/or
trading
by-products
derivatives or by-products Fine: P2,000 to 200,000
either locally or Fish
internationally
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery Products
Note: Trade means the act of Photo or video showing the Vulnerable species
engagingof breeders,
in
thespawners,
exchange,
wildlife, derivatives or by- Imprisonment: 6 months and 1
1. Capture
eggs or fry
exportation
or
importation,
day to 1 year and/or
products involved in the trade
purchase or sale of wildlife, their Testimony of witness as to the Fine: P1,000 to 100,000
derivatives or by-products, locally
trading of wildlife, derivatives
Other threatened species
or internationally. (Sec. 4(t), RA
or by-products
9147)
Apprehension
report
with Imprisonment: 1 month and 1
day to 6 months and/or
inventory and seizure receipt
Fine: P500 to 50,000
Certification
as Pens
to theand
category
2. Construction and Operation of Fish Corrals/Traps,
Fish
Fish Cages
of wildlife species
Specimen of the wildlife Other wildlife species
Imprisonment: 10 days to 1
species, etc. (if available)
month and/or
Fine: P200 to 20,000
To prove element #3:
Certification by PAWB or
BFAR that there was no permit Forfeiture of all wildlife, its
for the exchange of wildlife, derivatives or by-products, and
their derivatives of by-products all paraphernalia, tools and

86

Where to file:
Prosecutors Office

conveyances used in
connection with violations of
the act.

3. Failure to Comply with Standards

Deportation, without any


further proceedings, after
service of sentence and
payment of fines if offender is
an alien.

4. Fishing in overexploited or fishery management areas

Fines prescribed to be
increased by at least 10%
every three years
(Section 28)
5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Possession of Recommended Evidence for
Penalties:
wildlife, their by-products or
Possession of wildlife, their byderivatives (Sec. 27 (f), RA 9147)
products or derivatives in
Species listed as critical
relation to Marketing and buying
Imprisonment: 2 years and 1
Elements:
illegally-caught fish, fishery
day to 4 years and
1. There is possession of wildlife, species & other aquatic wildlife:
Fine: P30,000 to 300,000
6. Intrusion
of licensed
and unlicensed commercial fishers in municipal waters
their by-products
or derivatives
Endangered species
2. There is no permit for the
To prove element #1
Imprisonment: 1 year and 1
possession of wildlife, their byPhoto or video or wildlife, byday to 2 years and
products or
derivatives
or derivatives
7. Marketing
and
buying illegally-caught products
fish & fishery
species
Fine: P20,000 to 200,000
Affidavit of witness as to the
possession of wildlife, byVulnerable species
products or derivatives
Imprisonment: 6 months and 1
Apprehension report with
day to 1 year and
inventory and seizure receipt
Fine: P10,000 to 100,000
Certification by PAWB or
BFAR, whichever is
Other threatened species
appropriate as to the category
of the wildlife species, their by- Imprisonment: 1 month and 1

87

Where to file:
Prosecutors Office

products or derivatives
Specimen of the wildlife
species, their by-products or
derivatives (if available)

To prove element #2:


Certification by PAWB or
BFAR that no permit was
issued for the collection of
B. Failure to Comply with Report Requirements
wildlife, their by-products or
derivatives

day to 6 months and


Fine: P5,000 to 50,000
Other wildlife species
Imprisonment: 10 days to 1
month and
Fine: P1,000 to 5,000
Note: if act is committed
through inappropriate
techniques and devices,
maximum penalty will apply

Forfeiture of all wildlife, its


derivatives or by-products, and
all paraphernalia, tools and
conveyances used in
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
connection with violations of
the act.
1. Capture of breeders, spawners, eggs or fry
Deportation, without any
further proceedings, after
service of sentence and
payment of fines if offender is
an alien.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Fines prescribed to be
increased by at least 10%
every three years
(Section 28)

88

8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Possible violation: Illegal possession of Recommended evidence for
Penalties:
3. Failure tonoxious
Comply or
with
Standards
explosives,
poisonous
Illegal possession of
substances or electrofishing devices
explosives, noxious or
Possession:
for illegal fishing (Sec. 88, par 2, RA
poisonous substances or
Imprisonment: 6 months to
8550)
electrofishing devices for
2 years
illegal fishing in relation to Use
Elements:
of dynamite,
(Section 88 (2))
4. Fishing in overexploited or fishery management
areascyanide, fine
mesh net and other forms of
1. A person/entity is in possession of
destructive fishing:
explosives, noxious substances,
Forfeiture of explosives,
and/or electrofishing devices
noxious or poisonous
2. Said explosives, noxious substances,
substances and/or
To prove Element #1:
and/or electrofishing device are
Affidavit by the apprehending electrical devices, as well
intended to be used for illegal fishing
as the fishing vessels,
officers indicating the
fishing equipment and
possession of explosives,
Note:
See also
RA 8294
amending
RA
catch requirements
substances,with
or documentary
5. Fishing
without
license
or necessary
permitsnoxious
or not complying
1866 or the Codifying The Laws On
electrofishing devices
Illegal/Unlawful Possession, Manufacture,
(Section 88 (5))
Apprehension report with
Dealing In, Acquisition Or Disposition Of
inventory and seizure receipt
Firearms, Ammunition Or Explosives Or
Samples of explosives,
Instruments Used In The Manufacture Of
blasting caps, noxious or
Firearms, Ammunition Or Explosives, And
poisonous substances, or
6. Intrusion
of licensed
commercial
fishers in
municipal
Imposing
Stiffer
Penaltiesand
For unlicensed
Certain
electrofishing
devices,
if waters
Violations Thereof, And For Relevant
recovered
Purposes."
Certification by the PNP-FED
or SOCO that such items
7. Marketing and buying illegally-caught fish & fishery species
were explosives or by the
BFAR that such items were
noxious or poisonous
substances
To prove Element #2:
Affidavit by witness
indicating circumstantial
evidence showing fact that

89

Where to file:
Prosecutors
Office

B. Failure to Comply with Report Requirements

explosives will be used for


fishing such as:
o
User is a fisherfolk
or fishworker
o
Devices are found
inside a fishing
vessel
o
Fisherfolk /
fishworker
apprehended
during a fishing
activity

Possible violation: Actual use of


Recommended evidence for
Penalties:
explosives, noxious or poisonous
Actual use of explosives,
substances or electrofishing devices
noxious or poisonous
Imprisonment: 5 to 10
for illegal
fishing
(Sec. 88,
pars
1 & 3,in Illegally-Caught
substances or
electrofishing
years without prejudice to
C. Illegal
Fishing
Activities
and
Dealing
Fish
or Fishery Products
RA 8550)
devices for illegal fishing in
the filing of separate
criminal cases when the
1. Capture of breeders, spawners, eggs or fry relation to Use of dynamite,
Elements:
cyanide, fine mesh net and
use of the same result to
other forms of destructive
1. A person/entity catches, takes or
physical injury or loss of
gathers or causes to be caught, taken fishing:
human life.
or gathered, fish or any fishery
species from Philippine waters
(Section 88 (3))
To prove Elements #1-3:
2. Above activities are done with the
Affidavit by the apprehending
use of electricity,
explosives,
noxious
Forfeiture of explosives,
officers
use
of
2. Construction
and Operation
of Fish
Corrals/Traps,
Fish indicating
Pens andthe
Fish
Cages
or poisonous substance
noxious or poisonous
explosives, noxious or
3. Fish or fishery species is killed,
substances and/or
poisonous substances or
stupefied, disabled or rendered
electrical devices, as well
electricity in fishing
unconscious
as the fishing vessels,
Apprehension report with
inventory and seizure receipt fishing equipment and
catch
Receipt of fish samples
taken for examination issued
(Section 88 (5))
by the apprehending officers
Results of fish examination
-

90

Where to file:
Prosecutors
Office

by duly authorized fish


examiner
3. Failure to Comply with Standards
Samples of explosives,
blasting caps, noxious or
poisonous substances, or
electrofishing devices, if
recovered
Certification
4. Fishing in overexploited or fishery management
areas by the PNP-FED
or SOCO that such items
were explosives, or by the
SOCO/BFAR that such items
were noxious or poisonous
substances or by the BFAR
that such device is an
electrofishing device
5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Use of fine mesh net Recommended evidence for
Penalties:
(Sec. 89, RA 8550)
Use of fine mesh net in
relation to Use of dynamite,
Fine: P2,000.00 to
Elements:
cyanide, fine mesh net and
P20,000.00 or
other forms of destructive
1. A person/entity is in the act of fishing
fishing:
using net
Imprisonment: 6 months to
6. Intrusion
of size
licensed
unlicensed
2.
The mesh
of theand
fishing
net used commercial fishers in municipal waters
2 years or
is smaller than that fixed by the
To prove Element #1:
Department of Agriculture (smaller
Both such fine and
Affidavit of apprehending
than 3 cm,
FAO
155, S.
1986)
imprisonment at the
indicating
7. Marketing
and
buying
illegally-caught
fish & officer(s)
fishery species
discretion of the court:
o
The act or actual fishing
Note: Purse seines (pangulong), ring nets
activity
(kubkob, pangulong, kalansisi) and
Administrative fine and/or
o
The type or types of fish
bagnets (basing, saklit) are allowed up to
cancellation of permit or
species caught
1.9 cm mesh size under FAO 155-1, S.
license or both.
Receipt of confiscated fish
1994. However, since these are also
and disposal thereof, if any
active gear they cannot be used inside the
(Section 89)
Apprehension report with
municipal waters.
inventory and seizure receipt

91

Where to file:
Prosecutors
Office
BFAR for the
administrative
charges

To prove Element #2:


Certification as to mesh size
by the apprehending officers
or by other competent
authority
Possible violation: Use of active gear in
Recommended evidence for
Penalties:
municipal waters and bays and other
Use of active gear in municipal
fisheryto
management
(Sec.
90, RA
waters and bays and other
For the boat captain and
B. Failure
Comply withareas
Report
Requirements
8550)
fishery management areas in
master fisherman:
relation to Use of dynamite,
Imprisonment: 2 to 6 years
Elements:
cyanide, fine mesh net and
other forms of destructive
1. A person/entity is fishing inside the
(Section 90 (1))
fishing:
municipal waters and bays and other
fishery management areas
For the vessel
2. He uses active gear in fishing
owner/operator:
To prove Element #1:
Affidavit Fish
of apprehending
Fine: P2,000.00 to
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery Products
Note: Active fishing gear is characterized
officer(s) indicating
20,000.00 upon the
o The position/location
by gear of
movement,
pursuiteggs
of theor fry
discretion of the court.
1. Capture
breeders,and/or
spawners,
of the fishing vessel
target species by towing, lifting and
o The act or actual
pushing the gears, surrounding, covering,
If the owner/operator is a
fishing activity
dredging, pumping and scaring the target
corporation, the penalty
Receipt of confiscated fish
species to impoundments (FAO 201, S.
shall be imposed on the
and disposal thereof, if any
2000).
chief executive officer of
Apprehension report with
the Corporation.
inventory
and and
seizure
receipt
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
Fish
Cages
If the owner/operator is a
To prove Element #2:
partnership the penalty
Certification of gear as active shall be imposed on the
gear by BFAR/LGU
managing partner.
Apprehension report and
seizure receipt of confiscated (Section 90(2))
gear
Picture of gear used
Confiscation and forfeiture
of catch

92

Where to file:
Prosecutors
Office

(Section 90)
Recommended evidence for
Penalties:
Ban on Muro-Ami, Other
Methods and Gear Destructive
For the operator, boat
to Coral Reefs and Other
captain, master fisherman,
Marine Habitat in relation to
and recruiter or organizer of
Elements:
Use of dynamite,
cyanide, fine
fishworkers:
4. Fishing in overexploited or fishery management
areas
mesh net and other forms of
1. A person/entity is engaged in actual
destructive fishing:
fishing activity
Imprisonment: 2 to 10
2. The fishing activity is done with gear
years and
method that destroys
To prove Element #1:
a. Coral reefs
Fine: P100,000.00 to
Affidavit of apprehending
b. Seagrass beds
P500,000.00 or
officer(s) indicating
c. Other fishery marine
o
The identity of the
Both, atrequirements
the discretion of
fishing vessel
5. Fishing withouthabitat
license or necessary permits or not complying
with documentary
3. These methods or types of fishing
the court.
o
The act or actual
gears are determined by the
fishing activity
Department as destructive to coral
Confiscation of catch and
Receipt of confiscated fish
reefs, seagrass beds, other fishery
gear used
and disposal thereof, if any
marine habitat
Apprehension report with
inventory and seizure receipt (Section 92, par. 2)
6. Intrusion
of licensed
and
Note:
Muro-ami
and any of
its unlicensed
variations commercial fishers in municipal waters
and such similar gear methods that require To prove Element #2 & 3:
diving, other physical and mechanical acts Affidavit of the apprehending
to
the coral
andillegally-caught
other habitat to fish & officers
7. pound
Marketing
and reef
buying
fishery showing:
species
entrap, gather or catch fish or other fishery
o
The type of the
species are also prohibited (Sec. 92(1),
fishing gear
RA 8550)
o
Said type of fishing
gear is included in
Note: See FAO 203, S. 2000 for details on
the list of fishing
Banning fishing by means of muro-ami and
gears banned
the like destructive to coral reefs, and FAO
and/or regulated by
222, S. 2003 for Regulations on operation
relevant Fisheries
of Danish Seine or Hulbot-hulbot
Administrative

3. Failureviolation:
to ComplyBan
withon
Standards
Possible
Muro-Ami,
Other Methods and Gear Destructive to
Coral Reefs and Other Marine Habitat
(Sec. 92, par. 1, RA 8550)

93

Where to file:
Prosecutors
Office

Orders (e.g. FAO


222, S. 2003)
Receipt of confiscated
fishing gears and/or
impounded boat
Inventory of confiscated
items and fishing
paraphernalia

B. Failure to Comply with Report Requirements


Possible violation: Illegal use of
superlights (Sec. 93, RA 8550)

Recommended evidence for


Penalties:
Illegal use of superlights in
relation to Use of dynamite,
Imprisonment: 6 months to
Elements:
cyanide, fine mesh net and
2 years or
other forms of destructive
1. Any person/entity is engaged in
fishing:
fishing activity
Fine: P5,000.00 per
2. Such
fishing
activity is
undertaken
superlight, or
C. Illegal
Fishing
Activities
and
Dealing in Illegally-Caught Fish or Fishery Products
with the use of superlight
To prove Elements #1-4:
3. Such
vessel
is inside eggs
the or fry Both, at the discretion of
Affidavit of apprehending
1. Capture
of fishing
breeders,
spawners,
municipal waters, or
the courts.
officer(s) indicating
4. Outside the municipal waters but
o
The identity and
violates rules and regulations of the
Confiscation of the
personal
Department on superlight use
superlight, fishing gears
circumstances of
and vessel.
the apprehended
Note: Superlight, also called magic
person
light, is a typeand
of strong
light using
o Pens
The and
position
2. Construction
Operation
of Fish Corrals/Traps, Fish
FishorCages (Section 93, par. 2)
halogen or metal halide either submerged
location of the
or located above the sea surface,
fishing
consisting of a ballast, regulator, electric
vessel/facility
cable and socket, the power of which
o
Circumstances
comes from a generator, battery, dynamo
indicating actual
or the main engine of the boat. (FAO 204,
use
Sec. 1)
Certification of bulbs as
superlights
Note: It shall be unlawful to operate
Apprehension report with

94

Where to file:
Prosecutors
Office

municipal and commercial fishing boats


inventory and seizure receipt
using superlights while fishing/operating in
3. Failurewaters,
to Comply
Standards
municipal
or forwith
commercial
fishing
boats to fish/operate beyond municipal
waters using the same in excess of the
herein prescribed wattage:
(a) Small-scale commercial fishingboats
(3.1
to 20 GT)
20 KW per vessel,
4. Fishing
in overexploited
or fishery management areas
(b) Medium-scale commercial fishing boats
(20.1 to 150 GT) 36 KW per vessel
(c) Large-scale commercial fishing boats
(more than 150 GT) 40 KW per vessel
(FAO 204, Sec. 2)
Possible
Aquaticor
pollution
- permits
Recommended
evidence
fordocumentary
Penalties:
5. Fishingviolation:
without license
necessary
or not complying
with
requirements
Introduction of substances or energy
Aquatic pollution - Introduction
with deleterious effects (Secs. 102 &
of substances or energy with
Imprisonment: 6 years and
4(4), RA 8550)
deleterious effects in relation
1 day to 12 years and/or
to Use of dynamite, cyanide,
Elements:
fine mesh net and other forms
Fine: P80,000.00 plus an
of destructive fishing:
additional fine of P8,000.00
6. Intrusion
ofmachine,
licensed directly
and unlicensed
commercial fishers in municipal waters
1.
Human or
or
per day until such violation
indirectly, introduces substances or
ceases and the fines paid.
To prove Elements #1-3:
Affidavit of witness as to act
energy to aquatic environment
introduction
by human or
2.
Introduction
to,illegally-caught
or is likely to
(Section 102)
7. Marketing
andresults
buying
fish & of
fishery
species
machine of substance or
result to, deleterious effects as to
energy to aquatic
harm living and non-living aquatic
environment
resources, pose potential and/or real
Report on the act in a place
hazard to human health, hindrance to
Photo or video showing the
the aquatic activities such as fishing
act
and navigation
Sample of substance
introduced to aquatic
environment

95

Where to file:
Prosecutors
Office

- Apprehension
Apprehension
report
report
withwith
inventory
inventory
and and
seizure
seizure
receipt
receipt

To prove
To prove
Element
Element
#2: #2:
- - Results/certification
Results/certification
of of
laboratory
laboratory
examination
examination
of of
substance
substance
or energy
or energy
- - Certification
Certification
that that
the the
substance
substance
or energy
or energy
resulted
resulted
B. Failure to Comply with Report Requirements
to, or
to,isorlikely
is likely
to result
to result
to, to,
deleterious
deleterious
effects
effects
as toas to
harm
harm
living
living
and and
non-living
non-living
aquatic
aquatic
resources
resources
- - Affidavit
Affidavit
of expert
of expert
witness
witness
that that
the substance
the substance
or energy
or energy
resulted
resulted
to, or
to,isorlikely
is likely
to to
result
result
to,Fish
deleterious
to, deleterious
effects
effects
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery
Products
as toasharm
to harm
living
living
and and
non-nonliving
living
aquatic
aquatic
resources
resources
1. Capture of breeders, spawners, eggs or fry
D. Mangrove
D. Mangrove
Destruction
Destruction
Possible
Possible
violation:
violation:
Conversion
Conversion Recommended
Recommended
evidence
evidence
for for
Penalties:
Penalties:
Where
Where
to file:
to file:
of mangroves
of mangroves
(Sec.
(Sec.
94, RA
94, 8550)
RA 8550)Conversion
Conversion
of mangroves
of mangroves
in in
relation
relation
to Mangrove
to Mangrove
destruction:
destruction:Imprisonment:
Prosecutors
Office
Office
Imprisonment:
6 years
6 years
and and
1 1 Prosecutors
Elements:
Elements:
day day
to 12toyears
12 years
and/or
and/or
2.
Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
1. 1.A mangrove
A mangrove
areaarea
is converted
is convertedTo prove
To prove
Elements
Elements
#1-2:
#1-2:
2. 2.Such
Such
conversion
conversion
is for
is for
- - Affidavit
Affidavit
showing
showing
conversion
conversion
of ofFine:Fine:
P80,000.00
P80,000.00
a. a.Fishpond
Fishpond
and/or
and/or
mangrove
mangrove
areaarea
for fishpond
for fishpond
or or
b. b.For For
any any
other
other
for any
for any
other
other
purposes
purposes
Restoration
Restoration
or compensation
or compensation
purposes
purposes
- - Apprehension
Apprehension
report
report
withwith
for the
for restoration
the restoration
of the
of the
inventory
inventory
and and
seizure
seizure
receipt
receipt damage,
damage,
if needed.
if needed.
of cut
of mangrove
cut mangrove
species
species
- - Samples
Samples
of mangroves
of mangroves
cut cut
(Section
(Section
94) 94)
- - Pictures
Pictures
of the
of converted
the converted
areaarea
Identification
scaling
sheet
- - Identification
and and
scaling
sheet

96

Possible violation: Destroying


Recommended evidence for
3. Failure
to Comply
Standards
wildlife
species
(Sec.with
27 (a),
RA
Destroying wildlife species in
9147)
relation to Mangrove destruction:

Penalties:

Where to file:

Species listed as critical


Imprisonment: 6 years and 1
day to 12 years and/or
Fine: P100,000 to P1 million

Prosecutors Office

Elements:
To prove element #1:
1. The wildlife species is
Affidavit showing the
destroyed
by the violatoror fishery management
destruction of
the wildlife
4. Fishing
in overexploited
areas
Endangered species
species
Note: There is no violation if the
Imprisonment: 4 years and 1
Certification or issuance as to
day to 6 years and/or
destruction falls under any of the
category of wildlife species
Fine: P50,000 to P500,000
following:
Photo or video of destroyed
a. when it is done as
wildlife species
Vulnerable species
part of the religious
Specimen of wildlife species
Imprisonment: 2 years and 1
rituals of
that was destroyed (if
day to 4 yearsrequirements
and/or
established
tribal
5. Fishing without
license
or necessary available)
permits or not complying with documentary
Fine: P30,000 to P300,000
groups or
Apprehension report with
indigenous cultural
inventory and seizure receipt
Threatened species
communities;
Imprisonment: 1 year and 1
b. when the wildlife is
day to 2 years and/or
afflicted with an
Fine:P20,000 to P200,000
incurable
6. Intrusion ofcommunicable
licensed and unlicensed commercial fishers in municipal waters
Other wildlife species
disease;
Imprisonment: 6 months and 1
c. when it is deemed
day to 1 year and/or
necessary
put an
7. Marketing and
buyingtoillegally-caught
fish & fishery species
Fine: P10,000 to P100,000
end to the misery
suffered by the
Forfeiture of all wildlife, its
wildlife;
derivatives or by-products,
d. when it is done to
and all paraphernalia, tools
prevent an imminent
and conveyances used in
danger to the life or
connection with violations of
limb of a human
the act.
being; and
e. (v) when the wildlife

97

is killed or
destroyed after it
has been used in
authorized research
or experiments.

Deportation, without any


further proceedings, after
service of sentence and
payment of fines if offender is
an alien.
Fines prescribed to be
increased by at least 10%
every three years

B. Failure to Comply with Report Requirements

(Section 28)
Possible violation: Obstruction
Recommended evidence for
Penalties:
to Flow and Ebb of Tide in any
Obstruction to Flow and Ebb of
Stream, River, Lake or Bay (Sec. Tide in any Stream, River, Lake
Fine: P2,000.00 to P10,000.00
103 (d), RA 8550)
or Bay in relation to Mangrove
or
C. Illegal Fishing Activities and Dealingdestruction:
in Illegally-Caught Fish or Fishery Products
Elements:
Imprisonment:1month and
1. Anyofperson/entity
puts a
1day to 6 months, or
1. Capture
breeders, spawners,
eggsTo
orprove
fry Elements #1-2:
structure in stream, river, lake Affidavit showing construction
or bay
of structures around
Both, upon the discretion of
2. Such structure obstructs flow
mangroves preventing the
the court
and ebb of tide in said bodies
natural flow and ebb of tide in
of water.
a stream, river, lake or bay; or
Administrative fine: not more
investigation report by the
than P10,000.00 or
investigating
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
team/apprehending officers
Cancellation of his permit or
indicating the above
license, or
information
Picture or sketch of the area
Both in the discretion of the
fenced and structure built
Secretary
Certification by the Municipal
Impoundment by the
Agriculture Officer that the
Department with the
structure obstructs the flow
and ebb of tides
assistance of the Philippine

98

Where to file:
Prosecutors Office
BFAR for the
administrative
charges

Coast Guard, PNP-Maritime


Command

3. Failure to Comply with Standards

(Section 103)

Possible violation: Destroying


Recommended evidence for
of active nests, nest trees, host
Destroying of active nests, nest
plants
andin
the
like (Sec. 27 or
(g),fishery
trees,
host plants
and the like in
4. Fishing
overexploited
management
areas
RA 9147)
relation to Mangrove destruction:
Elements:
1. Active nests, nest trees, host
plants and the like are
destroyed

Penalties:

Where to file:

Species listed as critical


Imprisonment: 2 years and 1
day to 4 years and
Fine: P30,000 to 300,000

Prosecutors Office

To prove element #1
Photo or video of the
Endangered species
destroyed mangroves with
Imprisonment: 1 year and 1
active nests, mangrove nest
day to 2 years and
trees or mangrove host plants
Fine: P20,000requirements
to 200,000
Active
nest without
refers tolicense
a nest that
is
Report
ofwith documentary
5. Fishing
or necessary
permitsonorthe
notdestruction
complying
attended, built or maintained or
the said mangroves
Vulnerable species
used during a given breeding
Affidavit of witness on the
Imprisonment: 6 months and 1
season, whether or not eggs are
destruction of the said
day to 1 year and
laid
mangroves
Fine: P10,000 to 100,000
Source:
6. Intrusion of licensed and unlicensed commercial fishers in municipal Other
waters
threatened species
http://www.fws.gov/midwest/Midwe
stBird/EaglePermits/definitions.ht
Imprisonment: 1 month and 1
ml
day to 6 months and
Fine: P5,000 to 50,000
7. Marketing and buying illegally-caught fish & fishery species

Possible violation: Undertake


activities in violation of the EIA
Law or PD 1586 (Sec. 27(h), RA
9275)

Recommended evidence
Undertake activities in violation
of the EIA Law or PD 1586 in
relation to Mangrove destruction:

99

Other wildlife species


Imprisonment: 10 days to 1
month and
Fine: P1,000 to 5,000
Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB

EMB Regional
Director or Pollution

recommendation:
To prove Elements #1:
Photo or video showing that
Fine: P10,000.00 to
violator is undertaking activities P200,000.00 for every day of
1. Violator undertakes activities
or development and expansion violation, to be increased 10%
or development and
of projects in mangrove areas
every 2 years
expansion of project,
Report on the abovementioned
2. Acts violate the
activities
Closure, suspension of
Environmental Impact
Affidavit
of
witness
on
the
development or construction,
Statement
System
Law
B. Failure to Comply with Report Requirements
abovementioned activities of
or cessation of operations or,
(Presidential Decree
the offender
disconnection of water supply,
No.1586) and its
until compliance (order may
implementing rules and
To prove Element #2:
be issued ex parte pending
regulations.
Certification from EMB on the
case)
lack of ECC; or
Copy of the ECC and specific
(Section 28)
Note: For projects covered by PD
conditions violated
1586, Fishing
see complete
list inand
Annex
C. Illegal
Activities
Dealing in Illegally-Caught
Fish or Fishery Products
Testimony of witness as to the
4.
lack of ECC or violation of
1. Capture of breeders, spawners, eggs or fry
ECC conditions
Possible violation: Aquatic
Recommended evidence for
Penalties:
pollution - Deforestation
Aquatic pollution - Deforestation
causing similar hazards and
causing similar hazards and
deleterious effects (Secs. 102 &
deleterious effects in relation to
Imprisonment: 6 years and 1
4(4), RA 8550)
Mangrove destruction:
day to 12 years and/or
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Elements:
Fine: P80,000.00 plus an
To prove Element #1:
Photo or video showing that
additional fine of P8,000.00
1.
Deforestation activities are
deforestation activities were
per day until such violation
undertaken in the area
undertaken within the
ceases and the fines paid.
2. Deforestation activities cause
mangrove area
hazards and deleterious
Report on the deforestation
(Section 102)
effects as to harm living and
activities
Affidavit of witness on the
non-living aquatic resources,
pose potential and/or real
deforestation activities in the
Elements:

100

Adjudication Board
(PAB)

Where to file:
Prosecutors Office

hazard to human health,


mangrove area by the offender
hindrance to the aquatic
3. Failure
to Comply
Standards
activities
such as with
fishing
and
To prove Element #2:
navigation
Certification or issuance that
the deforestation resulted or is
Note:
likely to result in such
Deforestation The cutting down
deleterious effects as to harm
and
removal
all or most of the
living and non-living
4. Fishing
inofoverexploited
or fishery management
areas aquatic
trees in a forested area.
resources in mangrove areas,
Deforestation can erode soils,
pose potential and/or real
contribute to desertification and
hazard to human health,
the pollution of waterways, and
hindrance to the aquatic
decrease biodiversity through the
activities such as fishing in
destruction of habitat. (The
mangrove areas
American Heritage Science
Affidavit of witness as to the
Dictionary,
Houghton
Mifflin or necessary hazard
deleterious
effects
5. Fishing without
license
permitsand
or not
complying
with documentary requirements
Company, 2005)
of the deforestation activities in
the mangrove area
Possible violation: Aquatic
Recommended evidence for
Penalties:
pollution - Unsound agricultural
Aquatic pollution - Unsound
6. Intrusionwetland
of licensed
and unlicensed
commercial
fisherswetland
in municipal Imprisonment:
waters
practices:
conversion
agricultural
practices:
6 years and 1
causing similar hazards and
conversion causing similar
day to 12 years and/or
deleterious effects (Secs. 102 &
hazards and deleterious effects
4(4),
RA 8550)and buying illegally-caught
in relation
Mangrove
Fine: P80,000.00 plus an
7. Marketing
fish &tofishery
species
destruction:
additional fine of P8,000.00
Elements:
per day until such violation
ceases and the fines paid.
To prove Element #1:
1. Conduct of unsound
Photo or video showing that
agricultural practices, such
wetland conversion was
(Section 102)
as: Wetland conversion
undertaken in the mangrove
2. Unsound agricultural
area
practices cause hazards and
Investigation/Apprehension
deleterious effects as to harm
Report on the wetland

101

Where to file:
Prosecutors Office

living and non-living aquatic


resources, pose potential
and/or real hazard to human
health, hindrance to the
aquatic activities such as
fishing and navigation

conversion, or affidavit of
witness on the wetland
conversion in the mangrove
area

To prove Element #2:


Certification by BFAR that the
wetland conversion resulted or
is likely to result in such
B. Failure to Comply with Report Requirements
deleterious effects as to harm
living and non-living aquatic
resources in mangrove areas,
pose potential and/or real
hazard to human health,
hindrance to the aquatic
activities in mangrove areas
such as fishing Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Affidavit of expert witness as to
the
1. Capture of breeders, spawners, eggs or fry hazard and deleterious
effects of the unsound
agricultural practices
Possible violation: Undertaking
Recommended evidence for
Penalties:
project without ECC (Sec. 4, PD
Undertaking project without ECC
1586)
in relation to Mangrove
Fine: not to exceed P50,000
destruction: Fish Pens and Fish Cages
for every violation
2. Construction and Operation of Fish Corrals/Traps,
Elements:
To prove Elements #1 and 2:
1. The project is a declared ECP Certification from the EMB that
or in a declared ECA
the project is an ECP or is
2. Actual undertaking or
located in a mangrove area
operating the declared ECP
which is an ECA
Photo or video showing that
or project in an ECA by a
person, partnership or
person, partnership or
corporation
corporation is undertaking

102

Where to file:
Regional EMB
Director

3.

The project has no ECC

activities or operating project


that is a declared ECP or is
3. Failure
toECPs
Comply
Standards
located in a mangrove area
For
a list of
andwith
ECAs,
see
which is an ECA
Annex 4.
Investigation report on the
abovementioned activities
Affidavit of witness on the
abovementioned
4. Fishing in overexploited or fishery management
areasactivities
To prove Element #3
Certification from EMB on the
lack of ECC
Possible violation: Violation of
Recommended evidence for
Penalties:
EMB Rules on EIA (Sec. 9, PD
Violation of EMB Rules on EIA in
1586)
relation
to Mangrove
destruction:
5. Fishing without license or necessary
permits
or not complying
with documentary requirements
Suspension or cancellation of
Elements:
the ECC
To prove Elements #1-2
Affidavit of witness as to
1. There are standards, rules,
violation of the EMB standards, Fine: not to exceed P50,000
and regulations issued by the
rules and regulations for
for every violation
EMB pursuant to PD 1586
mangrove projects or projects
6. Intrusion
and unlicensed commercial
fishers
in municipal waters
2.
Violationofoflicensed
the standards,
within mangrove
areas
rules and regulations
Investigation report on the
violation
Photo
video showing
7. Marketing and buying illegally-caught
fish &orfishery
speciesthe
act, if applicable

Where to file:

Possible violation: Cutting,


Gathering and/or Collecting
Timber, or Other Forest
Products Without License (Sec.
77, PD 705 in relation to Sec.
11.1 of DENR DAO 80, Series of
1987)

Penalties:

Where to file:

Value of logs or forest


products: P5.00 or lower
Imprisonment: 2 years, 4
months and 1 day to 6 years

Prosecutors Office

Recommended evidence for


Cutting, Gathering and/or
Collecting Timber, or Other
Forest Products Without License
in relation to Mangrove
destruction:

103

EMB Regional Office

Elements:
1. The offender cuts, gathers
and/or collects timber
2. The cutting, gathering and/or
collection of timber is done
without license

To prove element # 1:
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness attesting
to the cutting or gathering

Value of logs or forest


products: more than P5.00
toP50.00
Imprisonment: 8 years and 1
day to 12 years

Recommended evidence for


Unauthorized possession of
timber or other forest products in
relation to Mangrove destruction:

Value of logs or forest


products: more than P22,000
Imprisonment: 15 years, 2
months and 21 days to 20
years (additional 1 year for

Value of logs or forest


To prove element # 2:
products: more than P50.00 to
Notes:
DAO
80,
series
of
1987
P200.00
Certification
of
concerned
B. Failure to Comply with Report Requirements
classifies mangrove, irrespective
agencies attesting that no such Imprisonment: 8 years and 1
of size, as timber.
day to 12 years
license was issued to the
offender
Moreover, PD 705 as amended by
Value of logs or forest
Sec. 4 of RA 7161 prohibits the
products: more than P200.00
cutting of all species of
to P6,000
mangroves. DOJ Opinion No. 23,
Imprisonment: 8 years and 1
SeriesFishing
of 1994Activities
supports the
day to 12 years
C. Illegal
and Dealing in Illegally-Caught Fish or Fishery Products
interpretation favoring ban on
mangrove
cutting. spawners, eggs or fry
Value of logs or forest
1. Capture
of breeders,
products: more than P6,000 to
Timber shall mean a piece of
P12,000
wood having an average diameter
Imprisonment: 10 years and 1
of at least 15 cm and a length of at
day to 12 years
least 1.5 m., except all mangrove
species which in all cases, shall be
Value of logs or forest
considered asand
timber
regardless
of Corrals/Traps, Fish Pens and Fish Cages
products: more than P12,000
2. Construction
Operation
of Fish
size (Sec. 1.11, DAO 80, S. 1987)
to P22,000
Imprisonment: 14 years, 8
months and 1 day to 20 years
Possible violation:
Unauthorized possession of
timber or other forest products
(Sec. 77, PD 705)

104

Where to file:
Prosecutors Office

Elements:
To prove element # 1:
1. The offender is in possession
3. Failure
to Comply
of timber
or other with
forestStandardsPictures showing that the
product
offender is in actual
2. He has no legal documents
possession of cut mangrove
required by law and
species
regulations for such
Apprehension/investigation
possession
report or affidavit
4. Fishing
in overexploited or fishery management
areasof witness
showing the above

every P10,000 in excess of


the P22,000), however, not to
exceed 20 years
Deportation without further
proceedings if persons liable
are aliens.

Confiscation in favor of the


government of the timber or
any forest products cut,
To prove element # 2:
gathered, collected, removed,
Certification of DENR that
or possessed, as well as the
there is no permit to possess
machinery, equipment,
mangrove species
implements and tools illegally
Affidavit of apprehending
used in the area
where the
that
license with documentary
5. Fishing without license or necessary officer
permits
orno
notsuch
complying
requirements
timber or forest products are
was produced by the offender
found.
when asked
(Sec. 77, PD 705 imposing
penalties prescribed in Art.
310 (qualified theft) in relation
6. Intrusion of licensed and unlicensed commercial fishers in municipal to
waters
Article 309 (penalty for
theft) of the Revised Penal
Code)

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


Possible violation: Unlawful
Recommended evidence for
occupation or destruction of
Unlawful occupation or
forest lands (Sec. 78, PD 705)
destruction of forest lands in
relation to Mangrove destruction:
Elements: Enters, occupies or
possesses
1. The offender enters,
occupies, possesses any

To prove element # 1:
Affidavit of witnesses attesting
that the offender is occupying
the mangrove area;

105

Penalties:

Where to file:

Fine: P500.00 to P20,000.00


and

Prosecutors Office

Imprisonment: 6 months to 2
years for each such offense,
and

2.

forest land
The offender has no authority
under a license agreement,
lease, license or permit to
possess such forest land

To prove element # 2:
Affidavit of apprehending party
that no copy of such authority,
license agreement, lease,
license, permit to occupy
mangrove area was produced
when demanded;

B. Failure to Comply with Report Requirements


-

Certification from the


appropriate DENR Office that
no such authority exists

Payment:10 times the rental


fees and other charges which
would have accrued had the
occupation and use of the land
been authorized under a
license agreement, lease,
license or permit
Maximum penalty for repeat
offenders
Double the maximum of the
penalty for third-time offenders
(Section 78)

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


1. Capture of breeders, spawners, eggs or fry
Possible violation: Unlawful
occupation or destruction of
forest lands and grazing lands
(Sec. 78, PD 705)

Recommended Evidence for


Unlawful destruction of forest
lands in relation to Mangrove
destruction:

Penalties:

Where to file:

Fine: P500.00 to P20,000.00


and

Prosecutors Office

Elements: Inand
anyOperation
manner of Fish Corrals/Traps,
Imprisonment: 6 months to 2
To prove element
# 1:
2. Construction
Fish
Pens and Fish Cages
destroys such forest land or
years for each such offense,
Picture of the destroyed
part thereof
and
mangrove area or part thereof
1. The offender destroys forest
Affidavit of witness or ocular
land or part in any manner
inspection report by authorized Payment:10 times the rental
fees and other charges which
2. The offender has no authority
representative of DENR
would have accrued had the
showing the above
occupation and use of the land
been authorized under a
To prove element # 2:
license agreement, lease,
Certification from DENR that

106

no authority to destroy
mangrove was issued.

license or permit

3. Failure to Comply with Standards


Maximum penalty for repeat
offenders
Possible violation: Unlawful
Recommended evidence for
occupation or destruction of
Unlawful destruction of forest
Double the maximum of the
forest lands and grazing lands
lands in relation to Mangrove
penalty for third-time offenders
(Sec. 78, PD 705)
destruction:
4. Fishing in overexploited or fishery management areas
(Section 78)
Elements: Causes any damage
To proved element # 1:
to the timber stand and other
- Pictures of damaged mangrove
products and forest growth
stand and other mangrove
found therein
products
1. The offender causes damage - Site inspection report, or
to the timber standing and
affidavit of witnesses
other products and forest
growthwithout
found inlicense
the forest
5. Fishing
or necessary permits or not complying with documentary requirements

Possible violation: Unlawful


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

107

Where to file:
Prosecutors Office

Where to file:
Prosecutors Office

offender assisted, aided or


abetted a person to destroy the
mangrove stand
Possible violation: Unlawful
occupation or destruction of
forest lands and grazing lands
(Sec. 78, PD 705)

Recommended evidence for


Refusal to vacate the area when
ordered to do so in relation to
Mangrove destruction:

Where to file:
Prosecutors Office

B. Failure to Comply with Report Requirements


Elements: Refuses to vacate the To prove element # 1:
area when ordered to do so
Picture of the mangrove area
1. The offender occupied an
occupied
area which is part of a forest
Site inspection report
2. That there is an order by
competent authority to vacate To prove element # 2:
the area
Copy of the order of DENR, or
3. That
the offender
refused
to
BFAR in the case
of FLAs
C. Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fish
or Fishery Products
vacate the area occupied
despite
the orderspawners, eggsTo
1. Capture
of breeders,
orprove
fry element # 3:
Affidavit of witness or
investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate
2. Construction
and Operation
Pens and
Possible violation:
Illegal of Fish Corrals/Traps,
RecommendedFish
evidence
for Fish Cages
Penalties:
occupation of National Parks
Illegal occupation of National
System and recreation areas
Parks System and recreation
Fine: P500 to P20,000,
and vandalism therein (Sec. 80,
areas and vandalism therein in
exclusive of the value of the
PD 705)
relation to Mangrove destruction: thing damaged; and
Elements:
1. The offender in any manner
cut, destroy, damage or
remove timber or any species

To prove element # 1:
- Pieces of cut, destroyed,
damaged or removed mangrove
found in a National Park

108

Eviction of the offender from


the land and
Forfeiture in favor of the

Where to file:
Prosecutors Office

of vegetation or forest cover


- Site inspection report or affidavit
and other natural resources
of witnesses
3. Failure
withPark
Standards
found to
in Comply
the National
system, or
To prove element # 2;
2. Such acts as above
- Affidavit of apprehending officer
mentioned is without any
that no such permit was shown
permit
when demanded;
- Certification
from
the DENR that
4. Fishing in overexploited or fishery
management
areas
no such permit was issued

government of all timber or


any species or vegetation and
other natural resources
collected or removed, and any
construction or improvement

Possible violation:
Recommended evidence for
Penalties:
Unauthorized obstruction of
Unauthorized obstruction of river
river or waterway or occupancy
or waterway in relation to
of riverbank (Sec. 91 (B)(3), PD
Mangrove destruction:
Imprisonment exceeding three
1067)
years but not more than six
5. Fishing without license or necessary
permits
or not
complying with documentary
requirements
years
To prove
Element
# 1:
Elements: Unauthorized
- Picture of dikes around the
Fine exceeding three
obstruction of river or waterway
mangrove area in a river or
thousand but not more than
waterway;
1. There is obstruction of a river
six thousand
- Ocular inspection or
or waterway;
investigation report
2. The obstruction is
Both at the discretion of the
- Affidavit indicating the
6. Intrusion
of licensed and unlicensedconstruction
commercialoffishers
waters
unauthorized
dikes inina municipal court
mangrove area in a river or
Both at the discretion of the
waterway
court
7. Marketing and buying illegally-caught fish & fishery species
To prove Element # 2:
Certification from DENR that
such obstruction is not
permitted
Possible violation:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank (Sec. 91 (B)(3), PD

Recommended evidence for


Occupancy of riverbank in
relation to Mangrove destruction:

109

Where to file:
Prosecutors Office

1067)

1.

To prove Element # 1:
- Testimony of witnesses indicating
occupancy of a mangrove area
along a riverbank
- Picture of area occupied
- Ocular inspection or investigation
report

Possible violation: Logging in


critical habitats (Sec. 27(c)(v),
RA 9147)

Recommended evidence for


Logging in critical habitats in
relation to Mangrove destruction:

Penalties:

Possible violation:

Recommended evidence for

Penalties:

Elements: Occupancy of
riverbank

There is occupancy of a
riverbank or seashore;
2.
The
is without
To prove Element # 2:
B. Failure
to occupancy
Comply with
Report Requirements
permission.
- Certification from DENR that such
occupancy is not permitted

Imprisonment: 1 month to
eight years and/or
Elements:
Element #1 Fish or Fishery Products
C. Illegal
Fishing Activities and DealingTo
in prove
Illegally-Caught
1. Logging activity is undertaken Photo or video showing that
Fine: P5,000 to 5 million
in an
by thespawners,
violator
logging activities were
pesos
1. Capture
of area
breeders,
eggs or fry
2. The activity is done in a
undertaken in mangrove area
critical habitat as declared by
Affidavit of witness on the
the DENR Secretary in
logging activities in mangrove
accordance with Section 25
area by the offender
of RA 9147.
Apprehension report with
inventory and seizure receipt
Note: Loggingand
is not
defined in
2. Construction
Operation
ofthe
Fish Corrals/Traps, Fish Pens and Fish Cages
Revised Forestry Code (PD 705).
To prove Element #2
Other sources define logging as
PAWB certification or issuance
the work of cutting down trees for
that the mangrove area is
timber
designated as a critical habitat
(www.thefreedictionary.com/loggin
g) or the work of felling, trimming
and transporting timber.

110

Where to file:
Prosecutors Office

Where to file:

Unauthorized issuance of tax


Unauthorized issuance of tax
declaration (Sec. 85, PD 705)
declaration in relation to
Imprisonment:2 to 4 years
3. Failure to Comply with StandardsMangrove destruction:
Elements:
Perpetual disqualification from
1. Offender is a public officer or
holding elective or appointive
To prove element # 1:
employee;
office
Certification from concerned
2. Offender issues tax
government office/officer that
declaration
to a real property
the offenderareas
is a public officer
4. Fishing
in overexploited
or fishery management
3. He issued such tax
or employee;
declaration without
certification from Director of
Forest Development AND
To prove element # 2:
Director of Lands (now DENR Certified True Copy of the tax
based on EO No. 192) that
declaration issued with
the area declared for taxation
signature of the offender
is alienable
andlicense
disposable
affixed toor
it;not complying with documentary requirements
5. Fishing
without
or necessary permits
land
4. The property declared for
To prove element # 3:
taxation is not titled nor
Certification from DENR that
occupied and possessed by
no such A & D certification
IPs/ICC before July 4, 1955
was issued; or
Certification that the mangrove
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
area is a forest
land and
not
classified as A & D;
To prove
# 4:
7. Marketing and buying illegally-caught
fishelement
& fishery
species
Certification from the Register
of Deeds that no title was
issued for the mangrove area;
and
Certification from the NCIP or
LGU that the subject property
is not occupied or possessed
by the IPs/ICCs before July 4,
1955.

111

Prosecutors Office

E. Mining & Quarrying


1. Illegal upland mining
Possible violation: Theft of
Minerals (Section 103, RA 7942)

Recommended evidence for


Theft of Minerals in relation to
Illegal upland mining:

Penalties:

Imprisonment: six (6) months


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

112

Where to file:
Prosecutors Office

authorized
representative: Provided, That the
3.
Failureoftosand
Comply
with Standards
transport
and gravel
shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)

lack of Ore Transport Permit


or Delivery Receipt

The absence of any of the foregoing


documents
shall
be considered
4.
Fishing in
overexploited
or fishery management areas
prima facie evidence of illegal
mining and shall cause the
confiscation/seizure of the
minerals/mineral products and the
tools and equipment including
conveyance used in the commission
of the offense in favor of the
Government
pursuant
to P.D.
5.
Fishing without
license
orNo.
necessary permits or not complying with documentary requirements
1281, subject to further investigation.
If it is found that the minerals/mineral
products seized have been mined,
extracted or removed without any
permit or authority under existing
mining laws, rules and regulations,
6.
Intrusion
of licensed
and unlicensed
commercial fishers in municipal waters
final
confiscation
can be effected
to
be followed by the filing of the
complaint for theft of minerals.

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


Possible violation: Violation of the Recommended Evidence for
Terms and Conditions of the ECC
Violation of the Terms and
in a mining or quarrying project
Conditions of the ECC in a
(Section 108, RA 7942)
mining or quarrying project in
relation to Illegal upland
mining:
1. Offender is a holder of an ECC
in a mining or quarrying project
2. Offender wilfully violates or
To prove Element #1:
grossly neglects to abide by the
Certified true copy of the

113

Penalties:

Where to file:

Imprisonment: six (6) months


to six (6) years or
Fine: Fifty thousand pesos
(P50,000.00)
to Two hundred thousand
pesos (P200,000.00)

Prosecutors Office

3.

terms and conditions of the ECC


The failure or neglect caused
environmental damage through
pollution

ECC in a mining or
quarrying project in the
uplands,
Certification by EMB that an
ECC has been issued
(optional)

or both imprisonment and fine,


at the discretion of the court

To prove Element #2:


Photo or video showing
B. Failure to Comply with Report Requirements
willful violation and gross
negligence to abide by the
terms and conditions of the
ECC
Report on the willful
violation and gross
negligence to abide by the
terms and conditions
the Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or of
Fishery
ECC
1. Capture of breeders, spawners, eggs or- fry Affidavit of witness on the
willful violation and gross
negligence to abide by the
terms and conditions of the
ECC
To prove Element #3:
Air, land,Fish
water
sample
2. Construction and Operation of Fish Corrals/Traps,
Pens
and Fish Cages
Results/certification of
laboratory examination of
samples
Affidavit of witness as to the
environmental damage
through pollution
Possible Violation: Illegal
Obstruction to Government

Recommended evidence for


Illegal Obstruction to

114

Penalties:

Where to file:

Officials in mining projects


Government Officials in
(Section 109, RA 7942)
mining projects in relation to
3. Failure to Comply with Standards Illegal upland mining:
Elements:
To prove Elements #1 and 2:
1. There is a performance by the
Report or affidavit of official
Secretary, the Director or any of
as to the prevention or
their representatives
of duties
obstruction
of the
4. Fishing
in overexploited
or fishery management
areas
under the provisions of the
performance of their duties
Mining Act and of the
related to upland mining
regulations promulgated
Photo or video showing the
2. A person illegally prevents or
act of prevention or
obstructs such performance
obstruction

Fine not exceeding Five


thousand pesos (P5,000.00)
or by imprisonment not
exceeding one
(1) year, or both, at the
discretion of the court.

Prosecutors Office

5. Fishing without license or necessary permits or not complying with documentary requirements

Possible violation: Operating


Recommended evidence for
Penalties:
mining project without an ECC
Operating mining project
6.
Intrusion
of licensed
unlicensed
commercial
fishers
in municipal
waters
(Sec.
179, DAO
2010-21 and
in relation
without
an ECC
in relation
to
Fine:
Maximum of Five
to Sec. 110 of RA 7942)
Illegal upland mining:
thousand pesos (P5,000.00)
Elements:
To fish
prove& Elements
#1:
7.
Marketing and buying illegally-caught
fishery species
1. Contractors/Permit Holders
Photo or video showing that
contractor or permit holder
operate a mining project
2. Mining project has no ECC
is operating mining project
Report on the
abovementioned activity
Affidavit of witness on the
abovementioned activity
To prove Element #2:

115

(Section 110, RA 7942)

Where to file:
Prosecutors Office

Certification from EMB on


the lack of ECC

Possible violation: Willful violation


and gross neglect to abide by the
terms and conditions of the ECC
(Sec. 179, DAO 2010-21 in relation
to Sec. 110 of RA 7942)

Recommended evidence for


Willful violation and gross
neglect to abide by the terms
and conditions of the ECC in
relation to Illegal upland
mining:
B. Failure to Comply with Report Requirements
Elements:
To prove Elements #1:
1. Contractor is a holder of an
Photo or video showing that
ECC
contractor or permit holder
2. There is willful violation and
is operating mining project
gross neglect to abide by the
Report on the
terms and conditions of the said
abovementioned activity
Affidavit of witness
onFishery
the
C. IllegalECC
Fishing Activities and Dealing in- Illegally-Caught
Fish or
Products
abovementioned activity

1. Capture of breeders, spawners, eggs or fry


To prove Element #2:
Certification from EMB on
the lack of ECC
Possible violation: Operating
Recommended evidence for
Penalties:
mining project without an
Operating mining project
approved Environmental
without an approved
Fine: Maximum of Five
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Protection and Enhancement
Environmental Protection and
thousand pesos (P5,000.00)
Program (EPEP) (Sec. 172, DAO
Enhancement Program (EPEP)
2010-21 in relation to Sec. 110 of
in relation to Illegal upland
(Section 110, RA 7942)
RA 7942)
mining:
Elements:
1. Contractors/Permit Holders
operate a mining project
2. Mining project has no approved

To prove Elements #1 and #2:


Photo or video showing that
contractor or permit holder
is operating a mining project

116

Where to file:
Prosecutors Office

EPEP/revised EPEP

3. Failure to Comply with Standards -

Report on the
abovementioned activity
Affidavit of witness on the
abovementioned activity

To prove Element #2:


Certification from MGB on
the lack ofareas
an approved
4. Fishing in overexploited or fishery management
EPEP/revised EPEP

5. Fishing without license or necessary permits or not complying with documentary requirements

Possible violation: Practice not in


Recommended evidence for
Penalties:
accordance with anti-pollution
Practice not in accordance
6.
Intrusion
of licensedinand
unlicensed
commercial
fishers
in and
municipal Remedy
waters any practice
laws
and regulations
mining
or
with
anti-pollution
laws
quarrying projects (Sec. 175, DAO
regulations in mining or
connected with mining or
2010-21 in relation to Sec. 154,
quarrying projects in relation
quarrying operations, which is
DAO
2010-21)and buying illegally-caught
to Illegal
not in accordance with the
7.
Marketing
fish & upland
fishery mining:
species
provisions of Department
Elements:
To prove Element #1:
Administrative Order No.
Certification from the MGB
2000-98; and
1. Violator is a
that violator is a
Contractor/Permittee/Lessee/Pe
Contractor/Permittee/Lesse
Suspension of the operations
e/Permit Holder of a mining
rmit Holder of a mining or
quarrying project
or quarrying project in an
(Sec. 154, DAO 2010-21)
2. Violator carries out practices not
upland area
in accordance with anti-pollution Certified True Copy of the

117

Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB

3.

laws and regulations


There is an actual or imminent
danger to the environment

contract /lease agreement


or permit of a mining or
quarrying project (optional)

To prove Element #2:


Photo or video showing that
violator carries out practices
not in accordance with antipollution laws and
B. Failure to Comply with Report Requirements
regulations
Affidavit of witness that
violator carries out practices
not in accordance with antipollution laws and
regulations

Summary suspension by the


MGB Regional Director, in
consultation with EMB, until
danger is removed or
appropriate measures are
taken by the
Contractor/Permittee/Lessee/
Permit
Remedial measures
(Sec. 175, DAO 2010-21)

prove Element Fish


#3: or Fishery Products
C. Illegal Fishing Activities and Dealing inTo
Illegally-Caught
Water/air/land samples
1. Capture of breeders, spawners, eggs or- fry Results/certification of
laboratory examination of
samples
Affidavit of expert witness as
to the actual or imminent
danger to the environment
Possible violation:
Mineral of Fish Corrals/Traps,
Recommended
Penalties:
2. Construction
and Operation
FishEvidence
Pens andfor
Fish Cages
exploration/extraction in critical
Mineral exploration/extraction
habitats (Sec. 27(c)(iii), RA 9147)
in critical habitats in relation to Imprisonment: 1 month to
Illegal upland mining:
eight years and/or
Elements:
1. Mineral exploration and/or
To prove Element #1:
Fine: P5,000 to 5 million
mineral extraction activities are
Photo or video showing that
pesos
mineral exploration and/or
conducted in an area by the
violator
mineral activities are
2. The activities are done within a
conducted in an upland area

118

Where to file:
Prosecutors Office

critical habitat as declared by


the DENR Secretary in
3. Failure
to Comply
with Standards
accordance
with Section
25 of
RA 9147.
-

Report on the mineral


exploration and/or mineral
extraction activities
Affidavit of witness on the
mineral exploration and/or
mineral extraction activities
of the offender
4. Fishing in overexploited or fishery management areas
To prove Element #2:
Certification by the PAWB or
issuance by the DENR that
the upland area is
designated as a critical
habitat

5. Fishing without license or necessary permits or not complying with documentary requirements

Possible violation: Undertake


Recommended evidence for
Penalties:
activities in violation of the EIA
Undertake activities in
6.
Intrusion
of licensed
and unlicensed
commercial
in municipal
waters
Law
or PD 1586
(Sec. 27(h),
RA
violation
of thefishers
EIA Law
or PD
To
be imposed by the
9275)
1586 in relation to Illegal
Secretary, upon PAB
upland mining:
recommendation:
Elements:
7.
Marketing and buying illegally-caught fish & fishery species
Fine: P10,000.00 to
To prove Element #1:
Photo or video showing that
1. Violator undertakes
P200,000.00 for every day of
a. activities or
violator is undertaking
violation, to be increased 10%
mining activities or
development and
every 2 years
expansion of project,
development and expansion
Closure, suspension of
or
of mining projects in the
development or construction,
b. Violator operates
uplands or operated
or cessation of operations or,
wastewater/sewerage
wastewater/sewerage
facilities
facilities of mining projects
disconnection of water supply,

119

Where to file:
EMB Regional
Director or Pollution
Adjudication Board
(PAB)

2.

Acts violate the Environmental


Impact Statement System Law
(Presidential Decree No.1586)
and its implementing rules and
regulations.

Note: For projects covered by PD


1586, see complete list in Annex 4.

in the uplands
Report on the
abovementioned activities
Affidavit of witness on the
abovementioned activities of
the offender

until compliance (order may


be issued ex parte pending
case)
(Section 28)

To prove Element #2:


Certification from EMB on
B. Failure to Comply with Report Requirements
the lack of ECC or findings
by the EMB of the violation
of the terms and conditions
of the ECC; or
Certified true copy of the
ECC and specific conditions
violated
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products

1. Capture of breeders, spawners, eggs or fry


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

120

Where to file:
Prosecutors Office

within a period of 2 years

3. Failure to Comply with Standards

herein provided
Note: In cases of gross
violations, the PAB shall issue
a resolution recommending
that the proper government
agencies file criminal charges
against the violators.

4. Fishing in overexploited or fishery management areas

(Section 28)
Recommended evidence for
Penalties:
Noncompliance with the terms
and conditions of a smallCancellation of the contract
scale mining contract in
relation to Illegal upland
Ejectment from the smallElements:
mining:
scale mining area
5.
Fishing without license or necessary
permits or not complying with documentary
requirements
1. Peoples small-scale mining
contract was issued to the
To prove Elements # 1 and 2:
Fines: not less than
contractor
P20,000.00 and not more than
Certified true copy of the
2. Contractor failed to comply with
P100,000.00, which may be
contract
the terms and conditions of the
imposed by the Secretary
Investigation report on the
contract
violation of the terms and
6. Intrusion of licensed and unlicensed commercial
in municipal (Section
waters 21)
conditionsfishers
of the contract
Photo or video showing the
Imprisonment: not less than 6
violation of the terms and
months nor more than 6 years
conditions
of species
the contract
7. Marketing and buying illegally-caught fish
& fishery
Affidavit of witness(es) on
Confiscation and seizure of
the violation of the terms
equipment, tools and
and conditions of the
instruments
contract
Possible violation:
Noncompliance with the terms
and conditions of a small-scale
mining contract (Sec. 21, RA 7076)

Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27

(Section 27)
Possible violation: Violation of the
rules and regulations issued by

Recommended evidence for


Violation of the rules and

121

Penalties:

Where to file:

the Secretary on small-scale


mining (Sec. 21, RA 7076)

regulations issued by the


Secretary on small-scale
mining in relation to Illegal
upland mining:

Elements:
1. Peoples Small-scale mining
contract was issued to the
Copy of the contract
contractor
Investigation on the violation
2. Contractor violated the rules
of the rules and regulations
and regulations issued by the
Photo or video showing the
B. Failure to Comply with Report Requirements
Secretary pursuant to the
violation of the rules and
Peoples Small Scale Mining Act
regulations
Affidavit of witness(es) on
the violation of the rules and
regulations

Cancellation of the contract


Ejectment from the scalescale mining area
Fines: not less than
P20,000.00 and not more than
P100,000.00, which may be
imposed by the Secretary

MGB for the


administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27

(Section 21)
Imprisonment: not less than 6
months nor more than 6 years

Confiscation and seizure of


equipment, tools and
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
instruments

1. Capture of breeders, spawners, eggs or fry

(Section 27)
Recommended evidence for
Penalties:
Abandonment of the smallscale mining site by the
Cancellation of the contract
contractor in relation to Illegal
Elements:
upland mining:
Ejectment from the scale1. Small-scale
contract
wasCorrals/Traps, Fish Pens and Fish Cages
scale mining area
2. Construction
and mining
Operation
of Fish
issued to the contractor
Copy of the contract
2. Contractor abandoned the
Fines: not less than
Investigation on the
mining site
P20,000.00 and not more than
abandonment of the mining
P100,000.00, which may be
site
imposed by the Secretary
Photo or video showing the
abandonment of the mining
(Section 21)
site
Affidavit of witness(es) on
Imprisonment: not less than 6
the abandonment of the
Possible violation: Abandonment
of the small-scale mining site by
the contractor (Sec. 21, RA 7076)

122

Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27

mining site

months nor more than 6 years

3. Failure to Comply with Standards

Confiscation and seizure of


equipment, tools and
instruments
(Section 27)

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

123

2. Offshore mining
Note: Offshore means the water, sea bottom, and subsurface from the shore or coastline reckoned from the mean tide low tide level
up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.
Possible violation: Theft of
Minerals (Section 103, RA 7942)

Recommended evidence for


Penalties:
Theft of Minerals in relation to
Offshore mining:
Imprisonment: 6 months to 6
B. Failure
to Comply with Report Requirements
Elements:
years or
To prove Element #1:
1. There is extraction and disposal Report on the extraction and
Fine: P10,000.00 to
of minerals
disposition of minerals
P20,000.00, or both, at the
2. Such extraction and disposal
offshore
discretion of the appropriate
was without a mining
Photo or video showing the
court.
agreement, lease, permit,
extraction and disposition of
license
minerals offshore
In addition, he shall be liable
C. Illegal Fishing Activities and Dealing in
- Illegally-Caught
Photo or videoFish
of or Fishery Products
to pay damages and
Notes:
minerals/mineral products,
compensation for the
1. Capture
of breeders,
spawners, eggs or fryincluding the tools, equipment minerals removed, extracted,
Illegally-sourced
minerals/mineral
products are those which are mined,
and conveyance used in the
and disposed of.
extracted, removed and/or disposed
commission of the offense
of without authority or permit under
Sample of minerals
In the case of associations,
existing mining laws, rules and
Seizure receipt
partnerships, or corporations,
regulations. (Section 116, DAO
Results/certification of kind
the president and each of the
2010-21)
and volume of mineral
directors thereof shall be
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Affidavit of
responsible for the acts
The transport of all minerals/mineral
apprehending/arresting officer committed by such
products and by-products, including
and witnesses, if any, on
association, corporation, or
gold
extraction and disposition of
partnership.
bullions, by Permit Holders,
minerals offshore
Contractors, accredited traders,
retailers, processors and other
To prove Element #2:
MGB Certification as to the
mining rights holders must be
lack of mining agreement,
accompanied by an Ore Transport
Permit issued by the Regional
lease, permit, license

124

Where to file:
Prosecutors Office

Director concerned or his/her duly


authorized
3. Failure to Comply
with
Standards
representative:
Provided,
That
the
transport of sand and gravel shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)

MGB Certification as to the


lack of Ore Transport Permit
or Delivery Receipt

The
absence
any of the foregoing
4. Fishing
inof
overexploited
or fishery management areas
documents shall be considered
prima facie evidence of illegal
mining and shall cause the
confiscation/seizure of the
minerals/mineral products and the
tools and equipment including
conveyance used in the commission
of
offense
in favor
of the or necessary permits or not complying with documentary requirements
5. the
Fishing
without
license
Government pursuant to P.D. No.
1281, subject to further investigation.
If it is found that the minerals/mineral
products seized have been mined,
extracted or removed without any
permit or authority under existing
6. Intrusion
of licensed
and unlicensed commercial fishers in municipal waters
mining
laws, rules
and regulations,
final confiscation can be effected to
be followed by the filing of the
complaint for theft of minerals.
7. Marketing and buying illegally-caught fish & fishery species
Possible violation: Violation of the
Terms and Conditions of the ECC
in a mining or quarrying projects
(Section 108, RA 7942)
1.
2.

Offender is a holder of an ECC


in a mining or quarrying project
Offender wilfully violates or

Recommended Evidence for


Violation of the Terms and
Conditions of the ECC in a
mining or quarrying projects in
relation to Offshore mining:
To prove Element #1:
Certified true copy of the ECC

125

Penalties:
Imprisonment: 6 months to 6
years or
Fine: P50,000.00 to
P200,000.00
or both imprisonment and

Where to file:
Prosecutors Office

3.

grossly neglects to abide by the


terms and conditions of the
ECC
The failure or neglect caused
environmental damage through
pollution

in a mining or quarrying
project in the offshore area,
Certification by EMB that an
ECC has been issued
(optional)

fine, at the discretion of the


court

To prove Element #2:


Photo or video showing willful
violation and gross
B. Failure to Comply with Report Requirements
negligence to abide by the
terms and conditions of the
ECC
Report on the willful violation
and gross negligence to
abide by the terms and
conditions of the ECC
- Illegally-Caught
Affidavit of witness
C. Illegal Fishing Activities and Dealing in
Fish on
or the
Fishery Products
willful violation and gross
1. Capture of breeders, spawners, eggs or frynegligence to abide by the
terms and conditions of the
ECC
To prove Element #3:
Air, land, water sample
Results/certification of
laboratoryFish
examination
2. Construction and Operation of Fish Corrals/Traps,
Pens andofFish Cages
samples
Affidavit of witness as to the
environmental damage
through pollution

126

Possible Violation: Illegal


Obstruction to Government
3. Failureintomining
Comply
with Standards
Officials
projects
(Section 109, RA 7942)
Elements:

Recommended evidence for


Illegal Obstruction to
Government Officials in mining
projects in relation to Offshore
mining:

Penalties:

Where to file:

Fine: not exceeding


P5,000.00 or

Prosecutors Office

Imprisonment: not exceeding


1 year, or
To prove Elements #1 and 2:
1.
There is
performance by
Report or affidavit
4. Fishing
inaoverexploited
orthe
fishery-management
areas of official
Secretary, the Director or any of
as to the prevention or
Both, at the discretion of the
their representatives of duties
obstruction of the
court.
under the provisions of the
performance of their duties
Mining Act and of the
related to offshore mining
regulations promulgated
Photo or video showing the
2. A person illegally prevents or
act of prevention or
obstructs such performance
obstruction
5. Fishing without license or necessary permits or not complying with documentary requirements
Possible violation: Mining in areas Recommended evidence for
Penalties:
closed to mining applications
Mining in areas closed to
(Sec. 15, par. 4, DAO 2010-21 in
mining applications in relation
Fine: Maximum of P5,000.00
relation to Sec. 110 of RA 7942)
to Offshore mining:
6. Intrusion of licensed and unlicensed commercial fishers in municipal (Section
waters 110, RA 7942)
Elements: Prohibited offshore
To prove Element #1:
mining
Report of mining in offshore
area& fishery species
7. Marketing and buying illegally-caught fish
1. There is mining in offshore area Photo or video showing the
2. The offshore area is within five
mining
hundred (500) meters from the
Photo or video of
mean low tide level
minerals/mineral products,
including the tools, equipment
and conveyance used in the
commission of the offense
Sample of minerals
Seizure receipt

127

Where to file:
Prosecutors Office

Results/certification of kind
and volume of mineral
Affidavit of
apprehending/arresting officer
and witnesses, if any, on the
offshore mining

To prove Element #2:


Certification from NAMRIA that
B. Failure to Comply with Report Requirements
the offshore area is within five
hundred (500) meters from the
mean low tide level
Possible violation: Operating
Recommended evidence for
Penalties:
mining project without an ECC
Operating mining project
(Sec. 179, DAO 2010-21 in relation
without an in relation to
Fine: Maximum of P5,000.00
to Sec.Fishing
110 of Activities
RA 7942) and Dealing in
Offshore
mining: Fish or Fishery Products
C. Illegal
Illegally-Caught
(Section 110, RA 7942)
Elements:
Tofry
prove Elements #1:
1. Capture
of breeders, spawners, eggs or
1. Contractors/Permit Holders
Photo or video showing that
operate a mining project
contractor or permit holder is
2. Mining project has no ECC
operating a mining project in
an offshore area
Report on the
abovementioned activity
Affidavit of
witness
theFish Cages
2. Construction and Operation of Fish Corrals/Traps,
Fish
Penson
and
abovementioned activity
To prove Element #2:
Certification from EMB on the
lack of ECC

128

Where to file:
Prosecutors Office

Possible violation: Willful


violation and gross neglect to
3. Failure
to terms
Comply
with
Standards
abide
by the
and
conditions
of the ECC (Sec. 179, DAO 201021 in relation to Sec. 110 of RA
7942)

Recommended evidence for


Willful violation and gross
neglect to abide by the terms
and conditions of the ECC in
relation to Offshore mining:

Penalties:

Where to file:

Fine: Maximum of P5,000.00

Prosecutors Office

(Section 110, RA 7942)

To prove Elements #1:


Photo or video
showing that
4. Fishing in overexploited or fishery-management
areas
Elements:
contractor or permit holder is
1. Contractor is a holder of an
operating mining project
ECC
Report on the
2. There is willful violation and
abovementioned activity
gross neglect to abide by the
Affidavit of witness on the
terms and conditions of the said
abovementioned activity
ECC
To permits
prove Element
5. Fishing without license or necessary
or not#2:
complying with documentary requirements
Certification from EMB on the
lack of ECC
Possible violation: Operating
Recommended evidence for
Penalties:
mining project without an
Operating mining project
approved Environmental
without an approved
Fine: Maximum of P5,000.00
6. Intrusionand
of licensed
and unlicensed
commercial fishers
in municipal
waters
Protection
Enhancement
Environmental
Protection
and
Program (EPEP) (Sec. 172, DAO
Enhancement Program (EPEP)
(Section 110, RA 7942)
2010-21 in relation to Sec. 110 of
in relation to Offshore mining:
RA
7942)
7. Marketing
and buying illegally-caught fish & fishery species
To prove Element #1:
Elements:
Photo or video showing that
1. Contractors/Permit Holders
contractor or permit holder is
operating a mining project
operate a mining project
2. Mining project has no approved
within an offshore area
EPEP/revised EPEP
Report on the
abovementioned activity
Affidavit of witness on the
abovementioned activity

129

Where to file:
Prosecutors Office

To prove Element #2:


Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not in Recommended evidence for
accordance with anti-pollution
Practice not in accordance with
laws
and
regulations
in
mining
or
anti-pollution laws and
B. Failure to Comply with Report Requirements
quarrying projects (Sec. 175, DAO regulations in mining or
2010-21 in relation to Sec. 154,
quarrying projects in relation to
DAO 2010-21)
Offshore mining:
Elements:

Penalties:

Where to file:

Remedy any practice


connected with mining or
quarrying operations, which is
not in accordance with the
provisions of Department
Administrative Order No.
2000-98; and

MGB Regional
Director, EMB
Regional Director or
PAB

To prove Element #1:


Certification from the MGB
1. Violator is a
that violator is a
Contractor/Permittee/Lessee/
Suspension of the operations
C. IllegalContractor/Permittee/Lessee/Pe
Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
rmit Holder of a mining or
Permit Holder of a mining or
quarrying
project spawners, eggs or fryquarrying project in an
(Sec. 154, DAO 2010-21)
1. Capture
of breeders,
2. Violator carries out practices
offshore area
not in accordance with antiCertified True Copy of the
pollution laws and regulations
contract /lease agreement or
Summary suspension by the
3. There is an actual or imminent
permit of a mining or
MGB Regional Director, in
danger to the environment
quarrying project (optional)
consultation with EMB, until
danger is removed or
To prove Element
appropriate measures are
2. Construction and Operation of Fish Corrals/Traps,
Fish #2:
Pens and Fish Cages
Photo or video showing that
taken by the
violator carries out practices
Contractor/Permittee/Lessee/
not in accordance with antiPermit
pollution laws and regulations
Affidavit of witness that
Remedial measures
violator carries out practices
not in accordance with anti(Sec. 175, DAO 2010-21)
pollution laws and regulations

130

To prove Element #3:


Water/air/land samples
3. Failure to Comply with Standards Results/certification of
laboratory examination of
samples
Affidavit of expert witness as
to the actual or imminent
danger to the
environment
4. Fishing in overexploited or fishery management
areas
3. Onshore mining
Note: Onshore means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
(Sec. 3 (aj), RA 7942)
Possible violation: Theft of
Recommended evidence for Theft Penalties:
Where to file:
Minerals (Section 103, RA 7942)
of Minerals in relation to Onshore
5. Fishing without license or necessary permits or not complying with documentary requirements
mining:
Imprisonment: six (6) months
Prosecutors Office
Elements:
to six (6) years or
To prove Element #1:
1. There is extraction and
Report on the extraction and
Fine: Ten thousand pesos
disposal of minerals
disposition of minerals onshore
(P10,000.00) to Twenty
2. Such extraction and disposal
Photo or video showing the
thousand pesos
was without
a miningand unlicensed commercial
extraction and
disposition
of
(P20,000.00), or both, at the
6. Intrusion
of licensed
fishers
in municipal
waters
agreement, lease, permit,
minerals onshore
discretion of the appropriate
license
Photo or video of
court.
minerals/mineral products,
7. Marketing and buying illegally-caught including
fish & fishery
species
Notes:
the tools,
equipment
In addition, he shall be liable
Illegally-sourced minerals/mineral
and conveyance used in the
to pay damages and
products are those which are
commission of the offense
compensation for the
mined, extracted, removed and/or
Sample of minerals
minerals removed, extracted,
disposed of without authority or
Seizure receipt
and disposed of.
permit under existing mining laws,
Results/certification of kind and
rules and regulations. (Section 116,
volume of mineral
In the case of associations,
Affidavit of
DAO 2010-21)
partnerships, or
corporations, the president
apprehending/arresting officer
The transport of all minerals/mineral
and witnesses, if any, on
and each of the directors

131

products and by-products, including


extraction and disposition of
gold
minerals onshore
bullions, by Permit Holders,
Contractors, accredited traders,
To prove Element #2:
retailers, processors and other
MGB Certification as to the lack
mining rights holders must be
of mining agreement, lease,
accompanied by an Ore Transport
permit, license
Permit issued by the Regional
MGB Certification as to the lack
Director
concerned
or
his/her
duly
of Ore Transport Permit or
B. Failure to Comply with Report Requirements
authorized
Delivery Receipt
representative: Provided, That the
transport of sand and gravel shall
be covered by a Delivery Receipt.
(Section 117, DAO 2010-21)

thereof shall be responsible


for the acts
committed by such
association, corporation, or
partnership.

The absence of any of the foregoing


documents
shall
be considered
C. Illegal
Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products
prima facie evidence of illegal
mining and
shall cause
the
1. Capture
of breeders,
spawners,
eggs or fry
confiscation/seizure of the
minerals/mineral products and the
tools and equipment including
conveyance used in the
commission of the offense in favor
of the Government pursuant to P.D.
No. 1281, subject
further of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and to
Operation
investigation. If it is found that the
minerals/mineral products seized
have been mined, extracted or
removed without any permit or
authority under existing mining
laws, rules and regulations, final
confiscation can be effected to be
followed by the filing of the
complaint for theft of minerals.

132

Possible violation: Violation of


Recommended Evidence for
Penalties:
the Terms and Conditions of the
Violation of the Terms and
3. Failure
to Comply
with Standards Conditions of the ECC in a mining Imprisonment: six (6) months
ECC
in a mining
or quarrying
project (Section 108, RA 7942)
or quarrying project in relation to
to six (6) years or
Onshore mining:
1. Offender is a holder of an ECC
Fine: Fifty thousand pesos
in a mining or quarrying project To prove Element #1:
(P50,000.00) to Two hundred
2.
Offender
violates or
or fishery- management
Certified true
copy of the ECC
thousand pesos
4. Fishing
in wilfully
overexploited
areas
grossly neglects to abide by
in a mining or quarrying project
(P200,000.00)
the terms and conditions of the
in the onshore area,
ECC
Certification by EMB that an
or both imprisonment and
3. The failure or neglect caused
ECC has been issued
fine, at the discretion of the
environmental damage through
(optional)
court
pollution
To prove Element #2:
- permits
Photo oror
video
showing willful
5. Fishing without license or necessary
not complying
with documentary requirements
violation and gross negligence
to abide by the terms and
conditions of the ECC
Report on the willful violation
and gross negligence to abide
by the terms and conditions of
6. Intrusion of licensed and unlicensed commercial
fishers in municipal waters
the ECC
Affidavit of witness on the willful
violation and gross negligence
to abide by the terms and
7. Marketing and buying illegally-caught fish & fishery species
conditions of the ECC
To prove Element #3:
Air, land, water sample
Results/certification of
laboratory examination of
samples
Affidavit of witness as to the
environmental damage through

133

Where to file:
Prosecutors Office

pollution
Possible Violation: Illegal
Obstruction to Government
Officials in mining projects
(Section 109, RA 7942)

Recommended evidence for


Illegal Obstruction to Government
Officials in mining projects in
relation to Onshore mining:

Elements:

Penalties:

Where to file:

Fine not exceeding Five


thousand pesos (P5,000.00)
or by imprisonment not
exceeding one (1) year, or
both, at the discretion of the
court.

Prosecutors Office

To prove Elements #1 and 2:


Report or affidavit of official as
B. Failure to Comply with Report Requirements
1. There is a performance by the
to the prevention or obstruction
Secretary, the Director or any
of the performance of their
of their representatives of
duties related to onshore
duties under the provisions of
mining
the Mining Act and of the
Photo or video showing the act
regulations promulgated
of prevention or obstruction
2. A person illegally prevents or
performance
C. Illegalobstructs
Fishing such
Activities
and Dealing in Illegally-Caught Fish or Fishery Products

Possibleofviolation:
in eggs Recommended
evidence for
Penalties:
1. Capture
breeders,Mining
spawners,
or fry
areas closed to mining
Mining in areas closed to mining
applications (Sec. 15, par. 4,
applications in relation to
Fine: Maximum of Five
DAO 2010-21 in relation to Sec.
Onshore mining:
thousand pesos (P5,000.00)
110 of RA 7942)
To prove Element #1:
(Section 110, RA 7942)
Elements: Prohibited onshore
Report of mining in onshore
mining
area
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Photo or video showing the
1. There is mining in onshore
mining
area
Photo or video of
2. The onshore area is within two
minerals/mineral products,
hundred (200) meters from the
including the tools, equipment
mean low tide level along the
and conveyance used in the
coast
commission of the offense
Sample of minerals
Seizure receipt
-

134

Where to file:
Prosecutors Office

3. Failure to Comply with Standards -

Results/certification of kind and


volume of mineral
Affidavit of
apprehending/arresting officer
and witnesses, if any, on the
onshore mining

prove Element
#2:
4. Fishing in overexploited or fisheryTo
management
areas
Certification from the DENR
that the onshore area is within
two hundred (200) meters from
the mean low tide level along
the coast
Possible
violation:
Operating
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without license
or necessary
permits or not
complying
mining project without an ECC
Operating mining project without
(Sec. 179, DAO 2010-21 in
an ECC in relation to Onshore
Fine: Maximum of Five
relation to Sec. 110 of RA 7942)
mining:
thousand pesos (P5,000.00)
Elements:
(Section 110, RA 7942)
To prove Elements #1:
1. Contractors/Permit Holders
Photo or video showing that
6. Intrusion
licensed
and unlicensed commercial
municipal
waters
contractor orfishers
permit in
holder
is
operate aofmining
project
2. Mining project has no ECC
operating a mining project in an
onshore area
Report
on the abovementioned
7. Marketing and buying illegally-caught
fish & fishery
species
activity
Affidavit of witness on the
abovementioned activity
To prove Element #2:
Certification from EMB on the
lack of ECC

135

Where to file:
Prosecutors Office

Possible violation: Willful


violation and gross neglect to
abide by the terms and
conditions of the ECC (Sec. 179,
DAO 2010-21 in relation to Sec.
110 of RA 7942)

Recommended evidence for


Willful violation and gross
neglect to abide by the terms and
conditions of the ECC in relation
to Onshore mining:

Penalties:

Where to file:

Fine: Maximum of Five


thousand pesos (P5,000.00)

Prosecutors Office

(Section 110, RA 7942)


To prove Elements #1:
Elements:
Photo or video showing that
1.
Contractor
is
a
holder
of
an
contractor or permit holder is
B. Failure to Comply with Report Requirements
ECC
operating mining project in an
2. There is willful violation and
onshore area
gross neglect to abide by the
Report on the abovementioned
terms and conditions of the
activity
said ECC
Affidavit of witness on the
abovementioned activity
To prove Element #2:
Certification from
EMB
the Products
C. Illegal Fishing Activities and Dealing -in Illegally-Caught
Fish
or on
Fishery
lack of ECC

1. Capture of breeders, spawners, eggs or fry


Possible violation: Operating
Recommended evidence for
Penalties:
mining project without an
Operating mining project without
approved Environmental
an approved Environmental
Fine: Maximum of Five
Protection and Enhancement
Protection and Enhancement
thousand pesos (P5,000.00)
Program (EPEP) (Sec. 172, DAO
Program (EPEP) in relation to
2010-21 in relation to Sec. 110 of
Onshore mining:
(Section 110, RA 7942)
RA 7942)
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
To prove Element #1:
Elements:
Photo or video showing that
1. Contractors/Permit Holders
contractor or permit holder is
operating a mining project
operate a mining project
2. Mining project has no
within an onshore area
approved EPEP/revised EPEP
Report on the abovementioned
activity
Affidavit of witness on the
abovementioned activity

136

Where to file:
Prosecutors Office

To prove Element #2:


3. Failure to Comply with Standards Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not
Recommended evidence for
in
with anti-pollution
not in areas
accordance with
4. accordance
Fishing in overexploited
or fisheryPractice
management
laws and regulations in mining
anti-pollution laws and
or quarrying projects (Sec. 175,
regulations in mining or
DAO 2010-21 in relation to Sec.
quarrying projects in relation to
154, DAO 2010-21)
Onshore mining:

Penalties:

Remedy any practice


connected with mining or
quarrying operations, which
is not in accordance with the
provisions of Department
Elements:
To prove Element #1:
Administrative Order No.
Certification from the MGB that
2000-98; and
1.
Violatorwithout
is a
violator is
5. Fishing
license or necessary permits
oranot complying with documentary requirements
Contractor/Permittee/Lessee/P
Contractor/Permittee/Lessee/P
Suspension of the operations
ermit Holder of a mining or
ermit Holder of a mining or
quarrying project
quarrying project in an onshore
(Sec. 154, DAO 2010-21)
2. Violator carries out practices
area
not in accordance with antiCertified True Copy of the
pollution laws and regulations
contract /lease agreement or
Summary suspension by the
6. Intrusion
unlicensed commercial
fishersorinquarrying
municipal waters
3.
There is of
anlicensed
actual or and
imminent
permit of a mining
MGB Regional Director, in
danger to the environment
project (optional)
consultation with EMB, until
danger is removed or
To prove
appropriate measures are
7. Marketing and buying illegally-caught
fish Element
& fishery#2:
species
Photo or video showing that
taken by the
violator carries out practices
Contractor/Permittee/Lessee/
not in accordance with antiPermit
pollution laws and regulations
Affidavit of witness that violator
Remedial measures
carries out practices not in
accordance with anti-pollution
(Sec. 175, DAO 2010-21)
laws and regulations

137

Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB

To prove Element #3:


Water/air/land samples
Results/certification of
laboratory examination of
samples
Affidavit of expert witness as to
the actual or imminent danger
to the environment

B. Failure to Comply with Report Requirements


Possible violation: Mineral
Recommended Evidence for
Penalties:
exploration/extraction in critical
Mineral exploration/extraction in
habitats (Sec. 27(c)(iii), RA 9147)
critical habitats in relation to
Imprisonment: 1 month to
Onshore mining:
eight years and/or
Elements:
1. Mineral exploration and/or
To prove Element #1:
Fine: P5,000 to 5 million
mineral extraction activities are Photo or video showing that
pesos
mineral exploration
in an areaand
by the
C. Illegalconducted
Fishing Activities
Dealing in Illegally-Caught
Fishand/or
or Fishery Products
violator
mineral activities are conducted
in an onshore area
2. Theofactivities
arespawners,
done withineggs
a
1. Capture
breeders,
or fry
Report on the mineral
critical habitat as declared by
the DENR Secretary in
exploration and/or mineral
accordance with Section 25 of
extraction activities
Affidavit of witness on the
RA 9147.
mineral exploration and/or
mineral extraction activities of
the offender
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
To prove Element #2:
Certification by the PAWB or
issuance by the DENR that the
onshore is designated as a
critical habitat

138

Where to file:
Prosecutors Office

Possible violation:
Recommended evidence for
Noncompliance with the terms
Noncompliance with the terms
3. Failure
to Comply
with Standards and conditions of a small-scale
and
conditions
of a small-scale
mining contract (Sec. 21, RA
mining contract in relation to
7076)
Onshore mining:

Penalties:

Where to file:

Cancellation of the contract

MGB for the


administrative
charges

Ejectment from the smallscale mining area

Elements:
To prove Elements # 1 and 2:
1.
Peoples
mining
Fines: not less than
Certified true
copy of the
4. Fishing
in small-scale
overexploited
or fishery- management
areas
contract was issued to the
P20,000.00 and not more
contract
contractor
than P100,000.00, which
Investigation report on the
2. Contractor failed to comply
may be imposed by the
violation of the terms and
with the terms and conditions
Secretary
conditions of the contract
of the contract
Photo or video showing the
(Section 21)
violation of the terms and
conditions of the contract
Imprisonment:
not less than 6
Affidavitorofnot
witness(es)
on the
5. Fishing without license or necessary
permits
complying
with documentary
requirements
months nor more than 6
violation of the terms and
years
conditions of the contract

Prosecutor's Office
for the criminal
charges

Confiscation and seizure of


equipment, tools and
instruments
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
(Section 27)
Possible
violation:
Violation
of
Recommended
evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
the rules and regulations issued
Violation of the rules and
by the Secretary on small-scale
regulations issued by the
mining (Sec. 21, RA 7076)
Secretary on small-scale mining
in relation to Onshore mining:
Elements:
1. Peoples Small-scale mining
To prove Elements # 1 and 2:
contract was issued to the
Copy of the contract
contractor
Investigation on the violation of
2. Contractor violated the rules
the rules and regulations

139

Penalties:

Where to file:

Cancellation of the contract

MGB for the


administrative
charges

Ejectment from the scalescale mining area


Fines: not less than
P20,000.00 and not more
than P100,000.00, which

Prosecutor's Office
for the criminal
charges

and regulations issued by the


Secretary pursuant to the
Peoples Small Scale Mining
Act

Photo or video showing the


violation of the rules and
regulations
Affidavit of witness(es) on the
violation of the rules and
regulations

B. Failure to Comply with Report Requirements

may be imposed by the


Secretary
(Section 21)
Imprisonment: not less than 6
months nor more than 6
years
Confiscation and seizure of
equipment, tools and
instruments
(Section 27)

Possible violation: Abandonment Recommended evidence for


Penalties:
of the Fishing
small-scale
mining
siteDealing
by
Abandonment
of the
small-scale
C. Illegal
Activities
and
in Illegally-Caught
Fish
or Fishery Products
the contractor (Sec. 21, RA 7076)
mining site by the contractor
Cancellation of the contract
1. Capture of breeders, spawners, eggs (Sec.
or fry21, RA 7076) in relation to
Elements:
Onshore mining:
Ejectment from the scale1. Small-scale mining contract
To prove Elements # 1 and 2:
scale mining area
was issued to the contractor
Copy of the contract
2. Contractor abandoned the
Fines: not less than
Investigation on the
mining site
abandonment of the mining site P20,000.00 and not more
than P100,000.00, which
in the onshore area
may be imposed by the
Photo or video
showing
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
andthe
Fish Cages
abandonment of the mining site Secretary
in the onshore area
(Section 21)
Affidavit of witness(es) on the
abandonment of the mining site
Imprisonment: not less than 6
in the onshore area
months nor more than 6
years
Confiscation and seizure of

140

Where to file:
MGB for the
administrative
charges
Prosecutor's Office
for the criminal
charges

equipment, tools and


instruments

3. Failure to Comply with Standards

(Section 27)

4. Quarrying
Note: Quarrying is the process of extracting, removing and disposing quarry resources found on or underneath the surface of
4. Fishing
overexploited
areas
private orinpublic
land (Sec.or
3 fishery
(ar), RAmanagement
7942).

Possible violation: Ban on white


sand, silica, pebbles and other
substances that make up any
marine habitat (Sec. 92, par 4, RA
8550)

Recommended evidence for Ban


on white sand, silica, pebbles and
other substances that make up
any marine habitat in relation to
Quarrying:

Penalties:

Where to File:

Imprisonment: 2 to 10 years

Prosecutors Office

Fine: P100,000.00 to
P500,000.00 or

Elements:
To prove Elements #1-2:
5. Fishing without license or necessary permits or not complying with documentary requirements
1. There is a person or entity
Affidavit of apprehending
Both, at the discretion of the
2. Such person or entity is
officer(s) indicating
court.
o
The identity and
gathering, selling or exporting
personal
a. White sand
Confiscation of the substance
b. Silica
circumstances of
taken from its marine habitat
c. Pebbles
the apprehended
personin municipal waters
d. of
Other
substances
(Section 92, par. 4)
6. Intrusion
licensed
and unlicensed commercial fishers
o
The act indicating
that make up any
that the person is
marine habitat
3. Such white sand, silica,
gathering, selling
7. Marketing
buying
illegally-caught fish & fisheryorspecies
pebbles orand
other
substances
exporting
white sand, silica,
come from any marine habitat
pebbles, or other
substances that
make up marine
habitat
Apprehension report with
inventory and seizure receipt
To prove Element #3:

141

Receipt of samples taken


Result of laboratory
examination
Receipt of confiscation
Certification as to the nature
and probable source of the said
items

Possible
BanReport
on
Recommended evidence for Ban
B. Failure
to violation:
Comply with
Requirements
extraction of gravel and sand
on extraction of gravel and sand
from beaches (Sec. 1, Batas
from beaches in relation to
Pambansa 265)
Quarrying:

Penalties:

Where to file:

Imprisonment: not less than


6 months or

Prosecutors Office

Elements:
Fine: not less thanP1,000 or
To prove Elements #1-2:
1. Any person or entity
Affidavit of apprehending
2. Engaged in
officer(s) indicating
Both, at the discretion of the
a. extraction
gravel
o
The
identity
and Products
court.
C. Illegal Fishing
Activitiesofand
Dealing in Illegally-Caught
Fish
or Fishery
and sand
personal
and such
other
circumstances of
(Section 2)
1. Capture ofb.breeders,
spawners,
eggs or fry
activities
the apprehended
c. as would erode or
person
diminish the natural
o
The act indicating
beauty of beaches
that the person is
engaged in the
extraction of
2. Construction and Operation of Fish Corrals/Traps, Fishgravel
Pens and
and sand
Fish Cages
or such other
activities as
would erode or
diminish the
natural beauty of
beaches
Apprehension report with
inventory and seizure receipt
Pictures showing the activity

142

Possible violation: Quarrying in


Recommended evidence for
critical habitats (Sec. 27(c)(vi),
Quarrying in critical habitats in
3. Failure
RA
9147) to Comply with Standardsrelation to Quarrying:
Elements:
To prove Element #1:
1. Quarrying activities are
Photo or video showing that
conducted in an area by the
quarrying activities are
violatorin overexploited or fishery management
conducted in
a critical habitat
4. Fishing
areas
2. The activities are done within a Report on the quarrying
critical habitat as declared by
activities
the DENR Secretary in
Affidavit of witness on the
accordance with Section 25 of
quarrying activities of the
RA 9147.
offender

Penalties:

Where to file:

Imprisonment: 1 month to 8
years and/or

Prosecutors Office

Fine: P5,000 to 5 million


pesos

To prove Element #2:


Certification
by complying
the PAWB or
5. Fishing without license or necessary
permits
or not
with documentary requirements
issuance by the DENR that the
area is designated as a critical
habitat
Possible violation: Undertake
Recommended evidence for
Penalties:
activities in violation of the EIA
Undertaking activities in violation
6. Intrusion
of licensed
and RA
unlicensed
commercial
fishers
in municipal
waters
Law
or PD 1586
(Sec. 27(h),
of the
EIA Law or
PD 1586
in
To be imposed by the
9275)
relation to Quarrying:
Secretary, upon PAB
recommendation:
Elements:
To prove
7. Marketing and buying illegally-caught
fish Elements
& fishery#1:
species
Photo or video showing that
Fine: P10,000.00 to
violator is undertaking quarrying P200,000.00 for every day of
1. Violator undertakes
a. activities or
activities or development and
violation, to be increased
expansion of quarry projects or
development and
10% every 2 years
expansion of project,
operated wastewater facilities
Closure, suspension of
or
for the quarry project
development or construction,
b. Violator operates
Report on the abovementioned
or cessation of operations or,
wastewater/sewerag
activities
e facilities
Affidavit of witness on the
disconnection of water

143

Where to file:
EMB Regional
Director or Pollution
Adjudication Board
(PAB)

2.

Acts violate the Environmental


Impact Statement System Law
(Presidential Decree No.1586)
and its implementing rules and
regulations.

abovementioned activities of
the offender

To prove Element #2:


Certification from EMB on the
lack of ECC; or
Note: For projects covered by PD
Copy of the ECC and specific
1586, see complete list in Annex 4.
conditions violated
Testimony
of witness as to the
B. Failure to Comply with Report Requirements
lack of ECC or violation of ECC
conditions
Possible violation: Undertaking
project without ECC (Sec. 4, PD
1586)

Recommended evidence for


Undertaking project without ECC
in relation to Quarrying:

supply, until compliance


(order may be issued ex
parte pending case)
(Section 28)

Penalties:

Fine: not to exceed P50,000


for every violation
Elements:
prove Elements #1
andor#2:
C. Illegal
Fishing Activities and Dealing To
in Illegally-Caught
Fish
Fishery Products
Certification from the EMB that
1. Theofproject
is a declared
ECP
the quarry project is an ECP or
1. Capture
breeders,
spawners,
eggs or fry
or in a declared ECA
is in an ECA
2. Actual undertaking or
Photo or video showing that
operating the declared ECP or
person, partnership or
project in an ECA by a person,
corporation is undertaking
partnership or corporation
quarrying activities or operating
3. The project has no ECC
a quarry project that is a
declared ECP
in anand
ECA
2. Construction and Operation of Fish Corrals/Traps,
Fishor
Pens
Fish Cages
For a list of ECPs and ECAs, see
Investigation report on the
Annex 4.
abovementioned activities
Affidavit of witness on the
abovementioned activities
To prove Element #3:
Certification from EMB on the
lack of ECC

144

Where to file:
Regional EMB
Director

Possible violation: Violation of


Recommended evidence for
EMB Rules on EIA (Sec. 9, PD
Violation of EMB Rules on EIA in
3. Failure to Comply with Standardsrelation to Quarrying:
1586)
Elements:

To prove Elements #1-2:


Affidavit of witness as to
1. There are standards, rules,
violation of the standards, rules
and regulations
issued byorthe
and regulations
issued by the
4. Fishing
in overexploited
fishery management
areas
EMB pursuant to PD 1586
EMB
2. Violation of the standards,
Investigation report on the
rules and regulations
violation
Photo or video showing the act,
if applicable

Penalties:
Suspension or cancellation of
the ECC

EMB Regional
Office

Fine: not to exceed P50,000


for every violation

Possible violation: Violation of


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

145

Where to file:

Where to file:
Prosecutors Office

Affidavit of witness on the willful


violation and gross negligence
to abide by the terms and
conditions of the ECC

To prove Element #3:


Air, land, water sample
Results/certification of
laboratory examination of
B. Failure to Comply with Report Requirements
samples
Affidavit of witness as to the
environmental damage through
pollution
Possible violation: Quarrying in
Recommended evidence for
Penalties:
Areas closed to mining
Offshore seabed/marine
applications:
quarrying
in relation
to Products
Fine: Maximum of Five
C. Illegal
Fishing Offshore
Activities and Dealing aggregate
in Illegally-Caught
Fish
or Fishery
seabed/marine aggregate
Quarrying:
thousand pesos (P5,000.00)
quarrying
(Sec. 15, DAO
2010-21
1. Capture
of breeders,
spawners,
eggs or fry
in relation to Sec. 110 of RA
To prove Element #1:
(Section 110, RA 7942)
7942)
Report of offshore
seabed/marine aggregate
Elements:
quarrying
1. There is seabed/marine
Photo or video showing the
aggregate quarrying
quarrying
2. Such quarrying
is locatedofatFish Corrals/Traps,
Photo or video
of quarried
2. Construction
and Operation
Fish Pens
and Fish Cages
a. offshore areas less
products, including the tools,
than 1,500 meters
equipment and conveyance
from the mean low
used in the commission of the
tide level of land or
offense
island(s) and
Sample of quarried materials
b. where the seabed
Seizure receipt
depth is less than 30
Results/certification of kind and
meters measured at
volume of quarried material
mean sea level
Affidavit of

146

Where to file:
Prosecutors Office

3. Failure to Comply with Standards

apprehending/arresting officer
and witnesses, if any, on the
quarrying

To prove Element #2:


Certification from the NAMRIA
that the offshore area is less
than 1,500 meters
4. Fishing in overexploited or fishery management
areas from the
mean low tide level of land or
island(s) and where the seabed
depth is less than 30 meters
measured at mean sea level
Possible violation: Practice not
Recommended evidence for
Penalties:
in accordance with anti-pollution
Practice not in accordance with
laws
and regulations
in mining
anti-pollution
and
Remedy anyrequirements
practice
5. Fishing
without license
or necessary
permits orlaws
not complying
with documentary
or quarrying projects (Sec. 175,
regulations in mining or
connected with mining or
DAO 2010-21 in relation to Sec.
quarrying projects in relation to
quarrying operations, which
154, DAO 2010-21)
Quarrying:
is not in accordance with the
provisions of Department
Elements:
To prove Element #1:
Administrative Order No.
Certification from the MGB that
2000-98; and
6. Intrusion
ofalicensed and unlicensed commercial
1.
Violator is
violator is a fishers in municipal waters
Contractor/Permittee/Lessee/P
Contractor/Permittee/Lessee/P
Suspension of the operations
ermit Holder of a mining or
ermit Holder of a quarrying
quarrying and
project
(Sec. 154, DAO 2010-21)
7. Marketing
buying illegally-caught project
fish & fishery species
2. Violator carries out practices
Certified True Copy of the
not in accordance with anticontract /lease agreement or
Summary suspension by the
pollution laws and regulations
permit of a quarrying project
MGB Regional Director, in
3. There is an actual or imminent
(optional)
consultation with EMB, until
danger to the environment
danger is removed or
To prove Element #2:
Photo or video showing that
appropriate measures are
violator carries out practices not taken by the
in accordance with antiContractor/Permittee/Lessee/

147

Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB

pollution laws and regulations


Affidavit of witness that violator
carries out practices not in
accordance with anti-pollution
laws and regulations

Permit
Remedial measures
(Sec. 175, DAO 2010-21)

To prove Element #3:


Water/air/land samples
Results/certification of
B. Failure to Comply with Report Requirements
laboratory examination of
samples
-

Affidavit of expert witness as to


the actual or imminent danger
to the environment

C.F.
Illegal
Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products
NIPAS
Protected
Area Violations
Possible violation: Illegal hunting Recommended evidence for
Penalties:
1. Capture
of breeders,
or fry hunting in relation to
(Sec. 20(a),
RA 7586)spawners, eggs Illegal
NIPAS Protected Area violations:
Fine: P5,000 to P500,000,
Elements:
exclusive of the value of the
1. The offender hunts
thing damaged or
To prove element # 1:
2. The place where he hunts is
- Affidavit of eye witnesses as to
declared as protected area
Imprisonment: 1 to 6 years,
the hunting
3. The hunting is without permit
or
- Pictures of the act of hunting the
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
from the PAMB
products of the hunt
Both,
To prove element # 2:
Restoration or compensation
- Certification from PASu or PAMB
that the area is declared Protected for the restoration
area
To prove element # 3:
- Certification of the PaSu or PAMB
that such person has no permit

148

Eviction of the offender from


the land,

Where to file:
Prosecutors Office

Possible violation: Illegal


Recommended evidence for
Destruction (Sec. 20(a), RA 7586)
Illegal Destruction in relation to
3. Failure to Comply with StandardsNIPAS Protected Area violations:
Elements:
To prove element # 1:
1. The offender performed an act
- Affidavit of witnesses as to the
within the protected area
destruction
2.
Such act
resulted in the or fishery- management
Pictures of act
or acts
4. Fishing
in overexploited
areas
destruction of any thing within
undertaken by the offender;
the protected area;
3. Such act resulting to
To prove element # 2:
destruction has no permit from
- Pictures of the things destroyed
the PAMB
within the protected area, or the
thing itself, whenever possible

Forfeiture in favor of the


Government
- of all timber or any
species collected or
removed
- including all equipment,
devices and firearms
used
- and any construction or
improvement made
thereon by the offender.
Administrative fines and
penalties

(If the offender


is an
To prove
element
# complying
3:
5. Fishing without license or necessary
permits
or not
with documentary
requirements
association or corporation,
- Certification from the PAMB that
the president or manager
the act performed by the
shall be directly responsible
offender has no permit
for the act of his employees
and laborers.)
Possible violation: Illegal
Recommended evidence for
disturbance (Sec. 20(a), RA 7586) Illegal disturbance in relation to
6. Intrusion of licensed and unlicensed
commercial
in municipal waters
(Section 21)
NIPAS
Protectedfishers
Area violations:
Elements:
To prove elements # 1 and 2:
The offender
performs
an
- Affidavit
witnesses
indicating
7. 1.
Marketing
and buying
illegally-caught
fish & of
fishery
species
act or acts
the act or acts performed and
2.
Such act or acts causes
that it resulted into a disturbance
disturbance within the
- Affidavit of expert witness that
protected areas
the act or acts caused
3. Such act or acts were
disturbance within the protected
performed without permit
area, or certification from the
from the PAMB
PaSu or PAMB on the above
To prove element # 3:

149

- Certification of PAMB or PASu as


to the absence of permit of the
offender
Possible violation: Illegal
Recommended evidence for
possession of plants or animals
Illegal possession of plants or
or products derived from
animals or products derived from
protected areas (Sec. 20(a), RA
protected areas in relation to
7586)
NIPAS Protected Area violations:
B. Failure to Comply with Report Requirements
Elements:
To prove element # 1:
1. Offender possesses plants or - Affidavit of witnesses indicating
animals or products derived
the possession
from protected areas
- Pictures of plants or animals or
2. Such possession was without
products derived from protected
permit from the PAMB
areas or the items themselves
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove element # 2:
of PAMB or PASu as
1. Capture of breeders, spawners, eggs -orCertification
fry
to the absence of permit of the
offender
Possible violation: Dumping of
Recommended evidence for
waste products (Sec. 20(b), RA
Dumping of waste products in
7586)
relation to NIPAS Protected Area
2. Construction and Operation of Fish Corrals/Traps,
violations: Fish Pens and Fish Cages
Elements:
1. offender dumped waste
Recommended Evidence:
products to the protected
areas
To establish element # 1:
Picture of the dumped waste
2. such waste products are
products
detrimental to the protected
Affidavit of witnesses as to the
area, or to plants and animals
act of dumping
or inhabitants therein;
To establish element # 2:

150

Sample of the waste products


Results of the laboratory
3. Failure to Comply with Standards
examination of the waste products
and its effect to the protected area,
plants, animals or inhabitants
Certification of expert witness
as to the effects of the dumped
waste products
to the protected
4. Fishing in overexploited or fishery management
areas
area, plants, animals or
inhabitants
Pictures of the protected area,
plants, animals or inhabitants
affected by the dumped waste
products, or the affected items
themselves
Possible
Illegal use
of
Recommended
evidence
for with documentary requirements
5. Fishingviolation:
without license
or necessary
permits or not
complying
motorized equipment (sec. 20(c),
Illegal use of motorized
RA 7586)
equipment in relation to NIPAS
Protected Area violations:
Elements:
1. The offender used
To prove element # 1:
motorized equipment within Affidavit of witnesses that the
6. Intrusion
of licensed
fishers
in municipal waters
a protected
area and unlicensed commercial
offender used
motorized
(motorboat or other
equipment within the protected
equipment)
area
2. The use
of buying
such motorized
Confiscated
motorized
7. Marketing
and
illegally-caught
fish & fishery
species
equipment is without
equipment itself, or pictures
permission from the PAMB
thereof
-

To prove element # 2:
Certification from the PAMB or
PaSu that said motorized
equipment use is without
permission

151

Possible violation: Mutilating,


defacing or destroying objects of
beauty (Sec. 20(d), RA 7586)

Recommended evidence for


Mutilating, defacing or destroying
objects of beauty in relation to
NIPAS Protected Area violations:

Elements:
1. The offender mutilated,
To establish element # 1:
defaced or destroyed object of
Affidavit of witness showing
natural beauty or objects of
that the offender mutilated,
interest
to cultural
defaced or destroyed object of
B. Failure
to Comply
with Report Requirements
communities
natural beauty or objects of
2. That the mutilation,
interest to cultural communities
defacement or destruction was Certification from proper
done inside the protected
agency that the object
areas
mutilated, defaced or destroyed
is of natural beauty or of
interest to CCs;
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To establish element # 2:
from PaSu or PAMB
1. Capture of breeders, spawners, eggs -orCertification
fry
or affidavit of witness that the acts
performed were done inside a
protected area
Possible violation: Damaging
Recommended evidence for
roads (Sec. 20(e), RA 7586)
Damaging roads in relation to
NIPAS Protected
2. Construction and Operation of Fish Corrals/Traps,
FishArea
Pensviolations:
and Fish Cages
Elements:
1. The offender either damaged
To establish element # 1:
and left roads or trails in a
- Pictures of the damaged roads or
damaged condition
trails
2. The damaged roads or trails
- Testimony of witnesses as to the
are inside a protected area
act of damaging and leaving roads
or trails in a damaged condition
To prove element #2:

152

- Certification as to the location of


the damaged roads or trails from
3. Failure to Comply with Standards PaSu or PAMB
Possible violation: Squatting,
Recommended evidence for
mineral locating, or occupation
Squatting, mineral locating, or
(Sec. 20(f) RA 7586)
occupation in relation to NIPAS
Area areas
violations:
4. Fishing in overexploited or fisheryProtected
management
Elements:
1. The offender squatted,
To establish element # 1:
conducted mineral locating or
- Affidavit of witnesses as to the
occupied any land
squatting, mineral locating, or
2. Such land is part of or within the
occupation, or
protected area.
- Investigation report/ocular
inspection report from PaSu or
5. Fishing without license or necessary
permits or not complying with documentary requirements
PAMB
To establish element # 2:
- Map showing the location of the
place where squatting, occupying
or mineral locating is undertaken
- Certification from PaSu/PAMB
6. Intrusion of licensed and unlicensedthat
commercial
in municipal
waters
the place isfishers
within the
PA
Possible violation: Illegal
Recommended evidence for
structure
(Sec.
20(g),
RA illegally-caught
7586)
Illegal
structure
in species
relation to
7. Marketing
and
buying
fish
& fishery
NIPAS Protected Area violations:
Elements:
1. The offender either
To establish Element # 1:
a. constructs any kind of
Affidavit of witnesses as to the
structure, fence or
construction, maintenance of
enclosures
any kind of structure, fence or
b. maintains any kind of
enclosures or conduct of any
structure, fence or
business enterprise
enclosures
Pictures of the structure, fence

153

c. conducts any business


enterprise
2. Said activities are conducted
without a permit from the
PAMB
3. The activities are done within a
protected area

or enclosures or conduct of the


business enterprise

To establish element # 2:
- Certification from PaSu/PAMB
that the construction/maintenance
of structure, fence or enclosures
or the conduct of business
enterprise is without permit
B. Failure to Comply with Report Requirements
To establish element # 3:
- Map showing the location of
structure, fence or enclosure or
business enterprise within PA;
- Certification from PaSu or PAMB
that the structure, fence or
or business
C. Illegal Fishing Activities and Dealing inenclosure
Illegally-Caught
Fishenterprise
or Fishery Products
is within PA

1. Capture of breeders, spawners, eggs or fry


Possible violation: Leaving
Recommended evidence for
refuse or debris (Sec. 20(h), RA
Leaving refuse or debris in
7586)
relation to NIPAS Protected Area
violations:
Elements:
1. The offender either
To establish element # 1:
a. and
leaves
refuse orof Fish Corrals/Traps,
Affidavit ofFish
witnesses
as toFish
anyCages
2. Construction
Operation
Pens and
debris in exposed or
of the following:
unsanitary condition
o
leaving refuse or
b. deposits refuse or
debris in exposed or
debris in ground
unsanitary condition
c. deposits refuse or
o
depositing refuse or
debris in bodies of
debris in ground
water
o
depositing refuse or
2. Such as act of leaving or
debris in bodies of
depositing is done within a
water

154

protected area

3. Failure to Comply with Standards

Sample or pictures of debris or


refuse recovered in the site

To establish element # 2:
Certification of PaSu/PAMB
that the above acts were done
within PA
Possible
Altering or fisheryRecommended
evidence for
4. Fishingviolation:
in overexploited
management areas
boundary marks (Sec. 20(i), RA
Altering boundary marks in
7586)
relation to NIPAS Protected Area
violations:
Elements:
1. The offender alters, removes,
To establish element # 1:
destroys or defaces boundary
Affidavit of the witnesses that
marks or signs
offender altered, removed,
2.
Such marks
or signs
constitute
5. Fishing
without
license
or necessary permits
oror
not
complying
with documentary requirements
destroyed
defaced
boundary
boundary mark or sign of the
marks or signs
protected areas
Picture of altered, removed,
destroyed or defaced boundary
marks or signs
To establish element # 2:
6. Intrusion of licensed and unlicensed
in municipal waters
- commercial
Certification fishers
of PaSu/PAMB
that such mark or sign is a
boundary mark or sign of PA

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

155

G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders


Possible violation: Obstruction
or delaying inspection of fish and
fish products (Sec. 103, RA 8550)

Recommended evidence for


Obstruction or delaying
inspection of fish and fish
products in relation to
Obstruction to Regulatory
Inspection and Disregard of
Lawful Orders:

Penalties:

Where to file:

Fine: not more than


P10,000.00 or

Prosecutors Office

Elements:
Imprisonment: not more than
1. Any person unlawfully
two (2) years, or
obstructs
or
delays
the
B. Failure to Comply with Report Requirements
inspection and/or movement of To prove Element #1:
Both, upon the discretion of
fish and fishery/aquatic
the court.
Affidavit of inspecting officer or
products
witness that the offender
2. The inspection or movement is
(Section 103)
unlawfully obstructed or
authorized under RA 8550
delayed the inspection and/or
movement of fish and
fishery/aquatic products
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
To prove Element #2:
Certification by BFAR that the
1. Capture of breeders, spawners, eggs -or fry
inspection and/or movement of
fish and fishery/aquatic
products is authorized under
RA 8550
Possible violation: Obstruction
Recommended evidence for
Penalties:
2. Construction
and
Operation of Fish Corrals/Traps,
PensLaw
and Fish Cages
to Fishery Law
Enforcement
Obstruction toFish
Fishery
Officer (sec. 106, RA 8550)
Enforcement Officer in relation to
Fine: P10,000.00
Obstruction to Regulatory
Elements:
Inspection and Disregard of
Cancellation of the
Lawful Orders:
1. A fishery law enforcement
registration, permit and/or
officer is in the performance of
license of the vessel
his duties
including the license of the
To prove Element #1:
2. The boat owner, master or
master fisherman
Certification by the BFAR or
operator or any person acting
other relevant law enforcement

156

Where to file:
Prosecutors Office
BFAR and MARINA
for administrative
charges

on his behalf of any fishing


agencies that the fishery law
(Section 106)
vessel
enforcement officer is in the
3. Failurea.to Comply
Evades, with Standards
performance of his duties
b. Obstructs, or
c. Hinders
To prove Element #2:
the performance of the duties by
Affidavit of apprehending
the fishery law enforcement officer
officers and witnesses
indicating that
the boat owner,
4. Fishing in overexploited or fishery management
areas
master or operator or any
person acting on his behalf of
any fishing vessel evades,
obstructs, or hinders the
performance of the duties by
the fishery law enforcement
officer
Apprehension
by thewith documentary requirements
5. Fishing without license or necessary
permits
or notreport
complying
apprehending officers
Medical examination by a
medico-legal officer if enforcer
sustained physical injuries as a
result of obstruction, when
applicable
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Possible violation: Refusal to
Recommended evidence for
Penalties:
allow entry, inspection and
Refusal to allow entry, inspection
monitoring
byand
thebuying
Department
in
and monitoring
by species
the
To be imposed by the
7. Marketing
illegally-caught
fish & fishery
accordance with the Clean Water
Department in accordance with
Secretary, upon PAB
Act (Sec. 27 (k), RA 9275)
the Clean Water Act in relation to
recommendation:
Obstruction to Regulatory
Elements:
Inspection and Disregard of
Fine: P10,000.00 to
Lawful Orders:
1. A person refuses to allow
P200,000.00 for every day of
entry, inspection and
violation, to be increased
monitoring by DENR officials
10% every 2 years
2. Such entry, inspection and
To prove Element #1:
Closure, suspension of
Report and Affidavit of DENR
monitoring is in accordance

157

Where to file:
EMB Regional
Director or PAB

with the provisions of the


Clean Water Act
-

officials as to the refusal to


allow entry, inspection and
monitoring
Photo or video showing the act
of
refusal to allow entry,
inspection and monitoring

To prove Element #2:


B. Failure to Comply with Report Requirements
Certification by the EMB/DENR
that entry, inspection and
monitoring is in accordance
with the provisions of the Clean
Water Act

development or construction,
or cessation of operations or,
disconnection of water
supply, until compliance
(order may be issued ex
parte pending case)
(Section 28)

Possible violation: Gross


Recommended evidence for
Penalties:
violation
of theActivities
Clean Water
ActGross
violation of the
C. Illegal
Fishing
and Dealing
in Illegally-Caught
FishClean
or Fishery Products
Blatant disregard of PAB orders
Water Act- Blatant disregard of
Fine: P500,000.00 to
(Sec. 28of(c),
RA 9275)
P3,000,000.00 per day for
1. Capture
breeders,
spawners, eggs PAB
or fryorders in relation to
Obstruction to Regulatory
each day of violation or
Elements:
Inspection and Disregard of
Lawful Orders:
Imprisonment: 6 years to 10
years, or both
1. There is a PAB order
2. Violator blatantly disregards the
To prove Element #1:
Certified True Copy of PAB
If offender is a juridical
PAB order
Order/s Fish Pens and Fish Cages
person, the president,
2. Construction and Operation of Fish Corrals/Traps,
manager, and pollution
Examples:
non-payment of fines
To prove Element #2:
control officer or official in
breaking of seals
Photo or video showing that
charge of the operation shall
operating despite the existence
violator is undertaking activities
suffer penalty herein
of an order for closure,
in blatant disregard of the PAB
provided
discontinuance or cessation of
order/s
Note: In cases of gross
operation.
Report on the abovementioned
violations, the PAB shall
activities
Affidavit of witness on the
issue a resolution

158

Where to file:
Prosecutors Office

3. Failure to Comply with Standards

abovementioned activities of
the violator

recommending that the


proper government agencies
file criminal charges against
the violators.
(Section 28)

Possible
Failure or
evidence for
Penalties:
4. Fishingviolation:
in overexploited
or fisheryRecommended
management areas
refusal to submit reports, notices Failure or refusal to submit
or other information, access to
reports, notices or other
Imprisonment: 6 months and
records as required by this Act,
information, access to records as
one day to 6 years and one
or permit inspection of
required by this Act, or permit
day and a
establishment where chemicals
inspection of establishment
are manufactured, processed,
where chemicals are
Fine: P600.00 to P4,000.00
stored or otherwise held (Sec. 13
manufactured, processed, stored
(b),
RA 6969)
or otherwise
relation towith documentary
Shall not be requirements
covered by the
5. Fishing
without license or necessary
permits orheld
notin
complying
Obstruction to Regulatory
Probation Law.
Elements:
Inspection and Disregard of
Lawful Orders:
Deportation and bar from
1. Offender either:
any subsequent entry into
a. Fails or refuses to
the Philippines after serving
To prove Elements #1 (a-c):
Report and Affidavit of DENR
submit reports,
his or her sentence if the
6. Intrusion ofnotices
licensed
and unlicensed commercial
in municipal
waters
officials as tofishers
the failure
or
or other
offender is a foreigner
refusal to submit reports,
information, or
notices or other information;
b. Fails to allow access
(Section 14 (a)(i))
allow access
to records
asillegally-caught failure
7. Marketing and
buying
fish & to
fishery
speciesto
In case any violation of this
records required by RA 6969;
required by this Act,
Act is committed by a
or failure to permit inspection
or
partnership, corporation,
c. Fails to permit
association or any juridical
inspection of
person, the partner,
establishment where
president, director or
chemicals are
manager who shall consent
manufactured,
to or shall knowingly tolerate
processed, stored or
otherwise held
such violation shall be

159

Where to file:
Prosecutors Office
DENR for
administrative
charges

directly liable and


responsible for the act of the
employees and shall be
criminally liable as a coprincipal;
(Section 14 (a)(ii))
In case the offender is a
government official or
employee, he or she shall, in
addition to the above
penalties, be deemed
automatically dismissed from
office and permanently
disqualified from holding any
elective or appointive
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
position.

B. Failure to Comply with Report Requirements

1. Capture of breeders, spawners, eggs or fry

(Section 14 (a)(iii))
Administrative fine: P10,000
to 50,000

(Section 15)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

160

H. Upland Deforestation
Possible violation: Aquatic
Recommended evidence for
3. Failure- to
Comply withcausing
Standards Aquatic pollution - Deforestation
pollution
Deforestation
similar hazards and deleterious
causing similar hazards and
effects (Secs. 102 & 4(4), RA
deleterious effects causing
8550)
similar hazards and deleterious
effects in relation to Upland
Elements:
4. Fishing in overexploited or fisherydeforestation:
management areas
1.
2.

Penalties:

Where to file:

Imprisonment: 6 years and 1


day to 12 years and/or

Prosecutors Office

Fine: P80,000.00 plus an


additional fine of P8,000.00
per day until such violation
ceases and the fines paid.

Deforestation
To prove Element #1:
Deforestation causes hazards
Photo or video showing that
and deleterious effects as to
deforestation was undertaken
(Section 102)
harm living and non-living
in the uplands
aquatic resources, pose
Investigation/Apprehension
potential and/or real hazard to
Report on the deforestation, or
5. Fishing
license ortonecessary
permits
complying
human without
health, hindrance
the
affidavitor
of not
witness
on the with documentary requirements
aquatic activities such as
same
fishing and navigation
To prove Element #2:
Certification by BFAR that the
deforestation resulted or is
likely to result in such
6. Intrusion of licensed and unlicensed commercial
fishersas
in to
municipal
waters
deleterious effects
harm
living and non-living aquatic
resources, pose potential
and/or
real hazard
to human
7. Marketing and buying illegally-caught fish
& fishery
species
health, hindrance to the
aquatic activities such as
fishing, or Affidavit of expert
witness as to the hazard and
deleterious effects of the
deforestation

161

Possible violation: Logging in


critical habitats (Sec. 27(c)(v), RA
9147)

Recommended evidence for


Logging in critical habitats in
relation to Upland deforestation:

Penalties:

Where to file:

Imprisonment: 1 month to
eight years and/or

Prosecutors Office

Elements:
To prove Element #1:
1. Logging activity is undertaken
Photo or video showing that
Fine: P5,000 to 5 million
in an area by the violator
logging activities were
pesos
2. The activity is done in a critical
undertaken in an upland area
habitat
as declared
by the Requirements
Affidavit of witness on the
B. Failure
to Comply
with Report
DENR Secretary in accordance
logging activities in an upland
with Section 25 of RA 9147.
area by the offender
Apprehension report with
Note:
inventory and seizure receipt
Logging is not defined in any legal
document in the Philippines. Other
To prove Element #2:
sources define logging as the work
Certification or issuance that
of cutting
downActivities
trees for timber
the upland areaFish
is designated
C. Illegal
Fishing
and Dealing in Illegally-Caught
or Fishery Products
(www.thefreedictionary.com/logging)
as a critical habitat
or the work
of felling, trimming
andeggs or fry
1. Capture
of breeders,
spawners,
transporting timber.
Logging, for purposes of this
Manual, is a commonly-used term
which means cutting in PD 705,
encompassing both small- and
large-scale cutting
of trees. of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and Operation
Possible violation: Unauthorized
issuance of tax declaration (Sec.
85, PD 705)
Elements:
1. Offender is a public officer or
employee;
2. Offender issues tax declaration

Recommended evidence for


Unauthorized issuance of tax
declaration in relation to Upland
deforestation:
To prove element # 1:
Certification from concerned
government office/officer that

162

Penalties:

Where to file:

Imprisonment:2 to 4 years

Prosecutors Office

Perpetual disqualification
from holding elective or
appointive office

to a real property
the offender is a public officer
3. He issued such tax declaration
or employee;
3. Failure
Comply with
Standards
withouttocertification
from
Director of Forest Development To prove element # 2:
AND Director of Lands (now
Certified True Copy of the tax
DENR based on EO No. 192)
declaration issued with
that the area declared for
signature of the offender
taxationinisoverexploited
alienable and or fishery management
affixed to it;areas
4. Fishing
disposable land
4. The property declared for
To prove element # 3:
taxation is not titled nor
Certification from DENR that
occupied and possessed by
no such A & D certification
IPs/ICC before July 4, 1955
was issued; or
Certification that the upland
area is a forest land and not
classified
& D;
5. Fishing without license or necessary permits
or as
notA complying
with documentary requirements
To prove element # 4:
Certification from the Register
of Deeds that no title was
issued for the upland area; and
Certification from the NCIP or
6. Intrusion of licensed and unlicensed commercial
municipal waters
LGU that thefishers
subjectinproperty
is not occupied or possessed
by the IPs/ICCs before July 4,
1955.& fishery species
7. Marketing and buying illegally-caught fish
Possible violation: Kaingin (Sec.
53, PD 705)
Elements:
1. Offender made kaingin
a. after May 19, 1975 or
b. before May 19, 1975 but
increased their clearings after

Recommended evidence for


Kaingin in relation to Upland
deforestation:

Penalties:

Where to file:

Imprisonment: 2 to 4 years

Prosecutors Office

To prove element #1:


Certification by DENR or
affidavit of witnesses that
offender made kaingin or

Fine: equal to 8 times the


regular forest charges due
on the forest products
destroyed, without prejudice

163

May 19, 1975 and/or


c. failed to undertake upon
notice the activities imposed
upon them by proper
government agency in
accordance with the
management plan for the
said forest or grazing land

increased clearings after May


19, 1975 or failed to undertake
upon notice the activities
imposed upon them by proper
government agency in
accordance with the
management plan for the said
forest or grazing land
Inventory of cut trees (to
B. Failure to Comply with Report Requirements
include volume and height)
Certified true copy of the
management plan

to the payment of the full


cost of production of the
occupied area as determined
by the Forest Management
Bureau
Maximum penalty prescribed
herein for offender who
repeats the same offense
Double the maximum of the
penalty upon the offender
who commits the same
offense for the third time.

Eviction and forfeiture to the


government of all
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
improvements, all vehicles,
domestic animals and
1. Capture of breeders, spawners, eggs or fry
equipment of any kind used
in the commission of the
offense
If offender is a government
official or employee,
automatic dismissal from
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
office and perpetual
disqualification from elective
and appointive positions
(Section 78)

164

Possible violation: Burning in


Recommended evidence for
critical habitats (Sec. 27(c)(iv), RA Burning in critical habitats in
3. Failure to Comply with Standards relation to Upland deforestation:
9147)
Elements:
To prove Element #1:
1. Burning activity is undertaken
Photo or video showing that
in an area by the violator
burning activities were
2.
The activity
is done in a critical
undertakenareas
in upland area
4. Fishing
in overexploited
or fishery management
habitat as declared by the
Affidavit of witness on the
DENR Secretary in accordance
burning activities in mangrove
with Section 25 of RA 9147.
area by the offender
Apprehension report with
inventory and seizure receipt

Penalties:

Where to file:

Imprisonment: 1 month to
eight years and/or

Prosecutors Office

Fine: P5,000 to 5 million


pesos

To prove Element #2:


- permits
PAWB certification
or issuance
5. Fishing without license or necessary
or not complying
with documentary requirements
that the upland area is
designated as a critical habitat
I. Water Pollution
1. 6.
Discharge
transportcommercial
of pollutantsfishers in municipal waters
Intrusionor
ofdumping
licensed and/or
and unlicensed
Possible violation: Dumping
Recommended evidence for
waste products in critical habitats Dumping waste products in
detrimental to wildlife (Sec.
critical habitats detrimental to
7. Marketing
and buying illegally-caught
fishin&relation
fishery species
27(c)(i),
RA 9147)
wildlife
to Discharge
or dumping and/or transport of
Elements:
pollutants:
1. Waste products are dumped in
a place by the violator
To prove Element #1:
Affidavit of witness as to the
2. The waste products dumped
dumping of waste products in
are detrimental to wildlife
3. The place is a critical habitat
a particular place by the
offender
declared by the DENR

165

Penalties:

Where to file:

Imprisonment: 1 month to
eight years and/or

Prosecutors Office

Fine: P5,000 to 5 million


pesos
Deportation, without any
further proceedings, after
service of sentence and
payment of fines if offender is

Secretary in accordance with


Section 25 of RA 9147.

Report on the dumping of


waste products in a place
Photo or video showing the
dumping of waste products
Sample of waste products
Apprehension report with
inventory and seizure receipt

an alien.
Fines prescribed to be
increased by at least 10%
every three years
(Section 28)

To prove Element #2:


B. Failure to Comply with Report Requirements
Results/certification of
laboratory examination of
waste products
Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of waste
products to wildlife, or affidavit
of expert witness
as or
to the
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
Fishery Products
detrimental effect of waste
1. Capture of breeders, spawners, eggs or fryproducts on wildlife
To prove Element #3:
Certification or issuance that
the place is designated as a
critical habitat
Possible violation:
Introduction
Recommended
evidence
forFish Cages
Penalties:
2. Construction
and Operation
of Fish Corrals/Traps,
Fish
Pens and
of wildlife resources (Sec. 27 (d),
Introduction of wildlife resources
RA 9147)
in relation to Discharge or
Imprisonment: 1 month to
dumping and/or transport of
eight years and/or
Elements:
pollutants:
1. Wildlife resources are
Fine: P5,000 to 5 million
introduced in an area
pesos
To prove element #1:
2. No permit was issued for the
Report on the introduction of
Forfeiture of all wildlife, its
introduction of the wildlife
wildlife resources in an area
resources
such as release of ballast
derivatives or by-products,

166

Where to file:
Prosecutors Office

water with exotic species from


and all paraphernalia, tools
Note: The wildlife resources
vessels
and conveyances used in
3. Failure may
to Comply
with Standards
introduced
be considered
a
Photo or video showing that
connection with violations of
pollutant in certain instances based
there was introduction of
the act.
on the following legal definitions:
wildlife resources
Affidavit of witness on the
Deportation , without any
Introduction means bringing species
introduction of wildlife
further proceedings, after
into
the wildin
that
is outside its or fishery management
resources areas
service of sentence and
4. Fishing
overexploited
normal habitat (Section 5 (p),
Apprehension report with
payment of fines if offender is
Wildlife Act)
inventory and seizure receipt
an alien.
Sample of the discharged
Pollutant- shall refer to any
ballast water
Fines prescribed to be
substance, whether solid, liquid,
Photo or video while taking
increased by at least 10%
gaseous or radioactive, which
sample of discharged ballast
every three years
directly or indirectly:
water
- permits
Result of
(Section 28) requirements
5. Fishing without license or necessary
orlaboratory
not complying with documentary
(i) alters the quality of any
examination
segment of the receiving
Certification by BFAR/ PAWB/
water body to affect or
PCSD that the discharged
tend to affect adversely
ballast water contains exotic
any beneficial use thereof;
species

6. Intrusion
commercial
XXXof licensed and unlicensed
To prove
elementfishers
#2: in municipal waters
Certification by BFAR/ PAWB/
(iii) imparts objectionable
PCSD that no permit was
odor, temperature change,
issued for the introduction,
7. Marketing and buying illegally-caught fish & fishery species
or physical, chemical or
reintroduction or restocking of
biological change to any
wildlife resources
segment of the water
body; or
XXX
(Section 4 (bb), RA 9147)

167

Possible violation: Discharge of


material that causes pollution or
obstructs natural flow (Sec. 27
(a), RA 9275)
Elements:

Recommended evidence for


Discharge of material that
causes pollution or obstructs
natural flow in relation to
Discharge or dumping and/or
transport of pollutants:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

EMB Regional
Director or PAB

B. Failure to Comply with Report Requirements


1. Violator is in the act of
Fine: P10,000.00 to
To prove Elements #1-2:
Affidavit of witness as to the:
discharging, depositing or
P200,000.00 for every day of
o discharge or deposit of
causing to be deposited
violation, to be increased
material of any kind;
material of any kind
10% every 2 years
o location of the discharge or
2. Act is being done directly or
deposit
indirectly into the water bodies
Closure, suspension of
Report on the discharge or
or along the margins of any
development or construction,
deposit of material
kind Products
water
or cessation of operations or,
C. Illegalsurface
Fishing
Activities and Dealing in Illegally-Caught
Fishoforany
Fishery
Photo or video showing the act disconnection of water
3. Material shall be liable to be
- frySample of deposited material
washed
into suchspawners,
surface eggs or
supply, until compliance
1. Capture
of breeders,
water, either by tide action or
(order may be issued ex
To prove Elements #3-4:
by storm, floods or otherwise,
parte pending case)
Results/certification of
4. Material could cause water
laboratory examination of
pollution or impede natural flow
(Section 28)
deposited material
in the water body.
Affidavit of expert witness
(when necessary)
and
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
and Fish Cages
certification that material:
o shall be liable to be washed
into such surface water,
either by tide action or by
storms or floods, or
otherwise, or
o could impede or obstruct
navigation or
o could cause water pollution

168

Possible violation: Pollution of


Recommended evidence for
Penalties:
groundwater (Sec. 27 (b), RA
Pollution of groundwater in
3. Failure to Comply with Standards relation to Discharge or dumping
9275)
and/or transport of pollutants:
To be imposed by the
Elements:
Secretary, upon PAB
recommendation:
To prove Elements #1:
1. Violator is in the act of
Affidavit of witness as to act of
discharging,
injecting or or fishery management
discharging,
injecting or
Fine: P10,000.00 to
4. Fishing
in overexploited
areas
allowing to seep into the soil or
allowing to seep into the soil or P200,000.00 for every day of
sub-soil any substance in any
sub-soil any substance in any
violation, to be increased
form
form
10% every 2 years
2. Substance would pollute
Report on the act in a place
groundwater
Photo or video showing the act Closure, suspension of
3. Does not fall under the
Sample of substance being
development or construction,
exception
discharged, injected or
or cessation of operations or,
allowedor
to not
seepcomplying with documentary
disconnectionrequirements
of water
5. Fishing without license or necessary permits
Exception:
Apprehension report with
supply, until compliance
inventory and seizure receipt
(order may be issued ex
In the case of geothermal projects,
parte pending case)
and subject to the approval of the
To prove Element #2-3:
DENR, regulated discharge for
Results/certification of
(Section 28)
short-term activities (e.g. well
laboratory examination of
6. Intrusion
of licensed
and unlicensed commercial
testing,
flushing,
commissioning,
substance fishers in municipal waters
venting) and deep re-injection of
Certification that the
geothermal liquids may be allowed
substance would pollute
as long as safety measures are
groundwater and that it does
7. Marketing and buying illegally-caught fish & fishery species
adopted to prevent the
not fall under any of the
contamination of the groundwater.
exceptions
Affidavit of expert witness that
Note:
the substance would pollute
Possible sources include oil and
ground water
grease from car repair shops, mine
tailings, lead and acid from
neighborhood car battery and
electronics recycling shops

169

Where to file:
EMB Regional
Director or PAB

Possible violation: Disposal of


potentially infectious medical
wastes into sea by vessels (Sec.
27 (d), RA 9275)
Elements:

Recommended evidence for


Disposal of potentially infectious
medical wastes into sea by
vessels in relation to Discharge
or dumping and/or transport of
pollutants:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

EMB Regional
Director or PAB

Fine: P10,000.00 to
P200,000.00 for every day of
To prove Elements #1 and 3:
Vessel disposes medical waste
Affidavit
of
witness
as
to
the
violation, to be increased
into
sea
B. Failure to Comply with Report Requirements
disposal of medical waste;
10% every 2 years
2. Medical waste is potentially
location of disposal; and that
infectious
the condition of health and
Closure, suspension of
3. Does not fall under the
safety of individuals on board
development or construction,
exception - the health or safety
the vessel is not threatened by or cessation of operations or,
of individuals on board the
a great and imminent peril
disconnection of water
vessel is threatened by a great
Report on the disposal of
supply, until compliance
and imminent peril
medical waste Fish or Fishery Products
(order may be issued ex
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Photo or video showing the act parte pending case)
1. Capture of breeders, spawners, eggs or fryof disposal
(Section 28)
To prove Elements #2:
Sample of disposed medical
waste
Results/certification of
laboratory examination that
medical waste
is potentially
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
and Fish Cages
infectious
Affidavit of expert witness or
Certification that the medical
waste is potentially infectious
1.

170

Possible violation: Unauthorized


Recommended evidence for
transport or dumping into sea
Unauthorized transport or
3. Failure
to Comply
withor
Standards
waters
of sewage
sludge
solid
dumping into sea waters of
waste (Sec. 27(e), RA 9275)
sewage sludge or solid waste in
relation to Discharge or dumping
Elements:
and/or transport of pollutants:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

EMB Regional
Director or PAB

Fine: P10,000.00 to
P200,000.00 for every day of
prove Element
#1:
1.4. Fishing
There isintransport
or dumping
overexploited
or fisheryTo
management
areas
Photo or video showing the
violation, to be increased
into sea water of sewage
transport or dumping of
10% every 2 years
sludge or solid waste as
sewage sludge or solid waste
defined in RA 9003
into sea water
Closure, suspension of
2. Transport or dumping is
Report on the transport or
development or construction,
unauthorized
dumping of sewage sludge or
or cessation of operations or,
solid waste into sea water or
disconnection of water
Affidavitor
of not
witness
on the with documentary
supply, until compliance
5. Fishing without license or necessary permits
complying
requirements
transport or dumping of
(order may be issued ex
sewage sludge or solid waste
parte pending case)
into sea water by the offender
Sample of dumped sewage
(Section 28)
sludge or solid waste
Results/certification of
6. Intrusion of licensed and unlicensed commercial
fishers in municipal
waters
laboratory examination
of
sewage sludge or solid waste
To prove Element #2:
7. Marketing and buying illegally-caught fish & fishery species
Certification or issuance that
the transport or dumping of
sewage sludge or solid waste
into sea water has no permit

171

Possible violation: Transport,


dumping or discharge of
prohibited chemicals, substances
or pollutants listed under
Republic Act No.6969 (Sec. 27(f),
RA 9275)
Elements:

Recommended evidence for


Transport, dumping or discharge
of prohibited chemicals,
substances or pollutants listed
under Republic Act No.6969 in
relation to Discharge or dumping
and/or transport of pollutants:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

EMB Regional
Director or PAB

Fine: P10,000.00 to
P200,000.00 for every day of
violation, to be increased
10% every 2 years

To prove Element #1:


B. Failure to Comply with Report Requirements
Affidavit of witness as to the
1. There is transport, dumping or
act of transport, dumping or
discharge
discharge of prohibited
Closure, suspension of
2. Substances being transported,
chemicals, substances or
development or construction,
dumped or discharged are
pollutants listed under RA
or cessation of operations or,
prohibited chemicals,
6969 or Report on the act of
disconnection of water
substances or pollutants listed
transport, dumping or
supply, until compliance
under RA 6969
discharge of prohibited
(order may be issued ex
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
chemicals, substances or
parte pending case)
pollutants
listed
under
RA
1. Capture of breeders, spawners, eggs or fry
6969
(Section 28)
Photo or video showing the act
of transport, dumping or
discharge of prohibited
chemicals, substances or
pollutants listed under RA
6969
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Sample of prohibited
chemicals, substances or
pollutants listed under RA
6969
Photo or video showing act of
getting samples of the
prohibited chemicals,
substances or pollutants
transported, dumped or

172

discharged

3. Failure to Comply with Standards To prove Elements #2:


Results/certification of
laboratory examination that
the transported, dumped or
discharged substances are
prohibited chemicals,
4. Fishing in overexploited or fishery management
areas
substances or pollutants listed
under RA 6969
Possible violation: Operate
Recommended evidence for
Penalties:
facilities that discharge
Operating facilities that
prohibited chemicals (Sec. 27 (g),
discharge prohibited chemicals
To be imposed by the
RA 9275)
in relation to Discharge or
Secretary, upon PAB
dumping
and/or
transport
of with documentary
recommendation:
5. Fishing without license or necessary
permits
or not
complying
requirements
Elements:
pollutants:
Fine: P10,000.00 to
1. Violator operates facilities that
P200,000.00 for every day of
To prove Element #1:
discharge or allow to seep,
Affidavit of witness as to
violation, to be increased
willfully or through gross
operation of facilities that
10% every 2 years
negligence, prohibited
discharge or allow to seep
6. Intrusion
of substances
licensed and
fishers in municipal waters
chemicals,
or unlicensed commercial
prohibited chemicals,
Closure, suspension of
pollutants listed under R. A. No.
substances or pollutants listed
development or construction,
6969
under RA 6969 or Report on
or cessation of operations or,
2.
Prohibitedand
chemicals,
the same
disconnection of water
7. Marketing
buying illegally-caught fish
& fishery species
substances or pollutants are
Photo or video showing the
supply, until compliance
discharged or allowed to seep
operation of facilities
(order may be issued ex
into water bodies or shall be
Sample of discharged
parte pending case)
liable to be washed into such
prohibited chemicals,
surface, ground, coastal, and
substances or pollutants listed
(Section 28)
marine water
under RA 6969
Results/certification of
laboratory examination
showing that the discharged

173

Where to file:
EMB Regional
Director or PAB

substances are prohibited


chemicals, substances or
pollutants listed under RA
6969
To prove Elements #2:
Affidavit and Certification that
the prohibited chemicals,
substances or pollutants are
B. Failure to Comply with Report Requirements
discharged or allowed to seep
into water bodies or shall be
liable to be washed into such
surface, ground, coastal, and
marine water
Possible violation: Undertake
Recommended evidence for
Penalties:
activities
in violation
of the
Undertaking
activities
C. Illegal
Fishing
Activities
andEIA
Dealing in
Illegally-Caught
Fishinor Fishery Products
Law or PD 1586 (Sec. 27(h), RA
violation of the EIA Law or PD
To be imposed by the
9275) of breeders, spawners, eggs or
1586
Secretary, upon PAB
1. Capture
fryin relation to Discharge or
dumping and/or transport of
recommendation:
Elements:
pollutants:
Fine: P10,000.00 to
1. Violator undertakes
P200,000.00 for every day of
To prove Element #1:
Photo or video showing that
a. activities or
violation, to be increased
violator is undertaking
development and
10% every 2 years
activities or
development
and Cages
expansion
of project,
2. Construction and
Operation
of Fish Corrals/Traps,
Fish
Pens and Fish
expansion of projects or
or
Closure, suspension of
operated
b. Violator operates
development or construction,
wastewater/sewerage facilities or cessation of operations or,
wastewater/sewerage
Report on the
facilities
disconnection of water
2. Acts violate the Environmental
abovementioned activities
supply, until compliance
Impact Statement System Law
Affidavit of witness on the
(order may be issued ex
(Presidential Decree No.1586)
abovementioned activities of
parte pending case)
and its implementing rules and
the offender
regulations.
(Section 28)

174

Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

To prove Element #2:


Note: For projects covered by PD
Certification from EMB on the
3. Failure
to Comply
Standards
1586,
see complete
listwith
in Annex
4.
lack of ECC; or
Copy of the ECC and specific
conditions violated
Affidavit of witness as to the
lack of ECC or violation of
ECC conditions
4. Fishing in overexploited or fishery management
areas
Possible violation: Illegal
Recommended evidence for
Penalties:
discharge of regulated water
Illegal discharge of regulated
pollutants (Sec. 27 (i), RA 9275)
water pollutants in relation to
Discharge or dumping and/or
To be imposed by the
transport of pollutants:
Secretary, upon PAB
Elements:
recommendation:
To prove Elements #1:
1.
Violatorwithout
discharged
regulated
- permits
Affidavitor
of not
witness
as to the
Fine: P10,000.00
to
5. Fishing
license
or necessary
complying
with documentary
requirements
water pollutants
discharge of regulated water
P200,000.00 for every day of
2. Discharge is without the valid
pollutants or Report on the
violation, to be increased
required discharge permit
said act
10% every 2 years
pursuant to this Act or was
Photo or video showing the act
done after the permit was
Sample of regulated water
Closure, suspension of
revoked for any violation of
pollutants
development or construction,
6. Intrusion
licensed and unlicensed
fishers in
conditionof
therein
- commercial
Results/certification
of municipal waters
or cessation of operations or,
laboratory examination of
disconnection of water
regulated of water pollutants
supply, until compliance
Apprehension
with
(order may be issued ex
7. Marketing and buying illegally-caught
fish
& fishery report
species
inventory and seizure receipt
parte pending case)
To prove Element #2:
Certification that the discharge
is without the valid required
permits or made after the
permit was revoked for any
violation of any condition
therein

175

(Section 28)

Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

Possible violation: Violation of


Marine Pollution Decree (Sec. 28,
par 5, RA 9275 in relation to Sec.
4(a), PD 979)
Elements:

Recommended evidence for


Violation of Sec. 4(a) of the
Marine Pollution Decree in
relation to Discharge or dumping
and/or transport of pollutants:

Penalties:

Where to file:

Fine: P50,000.00 to
P1,000,000.00

Prosecutors Office
for the criminal
charges

Imprisonment: 1 year to 6
years
To prove Elements #1, 3 & 4:
Affidavit of witness or Report
Act is in violation of Section 4 of PD
as to the following:
or both, for each offense,
979, such
that:
B. Failure
to Comply
with Report Requirements
o
The violator discharged,
without prejudice to the civil
1. Violator discharges, dumps or
dumped or suffered,
liability of the offender in
suffers, permits the discharge
permitted the discharge of accordance with existing
of substances
substances
laws
2. Such substances are either oil,
o
The discharge was from
noxious gaseous and liquid
or out of any ship, vessel, If discharge is oil or other
harmful substances:
substances and other harmful
barge, or any other
floating craft,
oror
other
C. Illegalsubstances
Fishing Activities and Dealing in Illegally-Caught
Fish
Fishery Products
Fine: P500,000.00 to
3. The discharge is from or out of
man-made structures
P3,000,000.00 per day for
any
ship,
vessel,
barge,
or
any
o
The
discharge
was
made
1. Capture of breeders, spawners, eggs or fry
each day of violation
other floating craft, or other
at sea by any method,
man-made structures
means or manner, into or
Withholding of clearance of
4. The discharge is made at sea
upon the territorial and
by any method, means or
inland navigable waters of such vessel from Philippine
port until the fine is paid
manner, into or upon the
the Philippines.
territorial and inland navigable
Photo or video showing the
Liability for cleanup costs by
waters ofand
the Philippines.
above Fish Pens and Fish Cages
2. Construction
Operation of Fish Corrals/Traps,
the owner or operator of a
vessel or facility which
To prove Element #2:
discharged the oil or other
Sample of the substance
harmful substances
discharged
Photo or video showing act of
(Section 28, RA 9275)
taking samples
Results/certification of
Suspension of Seafarers
laboratory examination of
discharged oil harmful
Identification Record Book

176

Philippine Coast
Guard and MARINA
for the administrative
charges

3. Failure to Comply with Standards

substance
Affidavit of witness as to the
pollution caused by the
harmful substance

To prove Element #4:


GPS reading as to location of
ship, vessel,
barge, floating
4. Fishing in overexploited or fishery management
areas
craft or other man-made
structure
Certification by NAMRIA or Coast
Guard as to the location of ship,
vessel, barge, floating craft or other
man-made structure

(SIRB) and Qualification


Documentation Certificate
(QDC) and License
(MARINA Regulations)

Possible
violation:
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without Violation
license orof
necessary
permits or not
complying
Marine Pollution Decree (Sec. 28,
Violation of Sec. 4(b) of the
par 5, RA 9275 in relation to Sec.
Marine Pollution Decree in
Fine: P50,000.00 to
4(b) of PD 979)
relation to Discharge or dumping P1,000,000.00
and/or transport of pollutants:
Elements:
Imprisonment: 1 year to 6
years
To prove Elements #1-2:
6. Intrusion
of licensed
and
unlicensed
fishers as
in to
municipal
waters
- commercial
Affidavit of witness
the
Act
is in violation
of Section
4 of
PD
incident and location of the
or both, for each offense,
979, such that:
source or Investigation report
without prejudice to the civil
1.
Offender throws,
discharges
or
on the
incident species
and location
liability of the offender in
7. Marketing
and buying
illegally-caught
fish
& fishery
deposits, dumps, or causes,
Photo or video showing the act accordance with existing
suffers or procures to be
laws
thrown, discharged, or
To prove Elements #3:
deposited
Sample of the refuse matter
2. from the shore, wharf
Photo or video of sampling
3. any refuse matter of any kind or
activity
description whatever other than Results/certification of
that flowing from streets and
laboratory examination of the
sewers and passing therefrom
refuse matter

177

Where to file:
Prosecutors Office

4.

in a liquid state
into tributary of any navigable
water from which the same
shall float or be washed into
such navigable water

Affidavit of witness or expert


witness, when necessary, as
to the possibility of refuse
matter being washed into the
navigable water

To prove Element #4:


Photo or video of tributary
showing that it is a tributary of
B. Failure to Comply with Report Requirements
a navigable water
Certification from the NAMRIA
or PCG that the tributary is a
tributary of a navigable water
Possible violation: Violation of
Recommended evidence for
Penalties:
Marine Pollution Decree (Sec. 28,
Violation of Sec. 4(c) of the
par 5, Fishing
RA 9275Activities
in relationand
to Sec.
Marine
Pollution Decree
Fine: P50,000.00 to
C. Illegal
Dealing in
Illegally-Caught
Fish orinFishery Products
4(c), PD 979)
relation to Discharge or dumping P1,000,000.00
and/or
1. Capture of breeders, spawners, eggs or
fry transport of pollutants:
Elements:
Imprisonment: 1 year to 6
years
To prove Element #1:
Affidavit of witness as to the
or both, for each offense,
Act is in violation of Section 4 of PD
deposit of material of any kind
without prejudice to the civil
979, such that:
or Investigation report on the
liability of the offender in
1. Violator
incident
accordance with existing
a. and
deposits
or causes,
Photo or video
showing
actCages
laws
2. Construction
Operation
of Fish Corrals/Traps,
Fish Pens
andthe
Fish
suffers or procures
Apprehension report with
b. to be deposited
inventory and seizure receipt
2. material of any kind
3. in any place
To prove Element #2-5:
a. on the bank of any
Sample of deposited material
navigable water or
Photo or video of sampling
b. on the bank of any
activity
tributary of any
Results/certification of
navigable water,
laboratory examination of

178

Where to file:
Prosecutors Office

4.

Material shall be liable to be


deposited material
washed into such navigable
Affidavit of witness or expert
3. Failure
Comply
with Standards
water, to
either
by ordinary
or high
witness, when necessary, that
tides, or by storms or floods, or
material:
otherwise,
o
shall be liable to be
5. Material shall or may
washed into such
a. impede or obstruct
navigable water, either by
or or fishery management
ordinary
or high tides, or
4. Fishing in navigation
overexploited
areas
b. increase the level of
by storms or floods, or
pollution of such
otherwise, or
water.
o
shall or may impede or
obstruct navigation or
Exceptions:
o
shall or may increase the
1. Emergency imperiling life or
level of pollution of such
property, or
water
2.
Unavoidable
accident,
- permits
Certification
bycomplying
NAMRIA orwith documentary requirements
5. Fishing
without
licensecollision,
or necessary
or not
or stranding or
PCG that water is a navigable
3. In any cases which constitute
water
danger to human life or
property or
4. A real threat to vessels, aircraft,
platforms, or other man-made
6. Intrusion
structure,oforlicensed and unlicensed commercial fishers in municipal waters
5. If dumping appears to be the
only way of averting the threat
and if there is probability that
7. Marketing and buying illegally-caught fish & fishery species
the damage consequent upon
such dumping will be less than
would otherwise occur, and as
otherwise permitted by
regulations prescribed by the
National Pollution Control
Commission or the Philippine
Coast Guard

179

Possible violation: Gross


violation of the Clean Water Actdeliberate discharge of toxic
pollutants (Sec. 28 (a), RA 9275)
Elements:

Recommended evidence for


Gross violation of the Clean
Water Act- deliberate discharge
of toxic pollutants in relation to
Discharge or dumping and/or
transport of pollutants:

Penalties:

Where to file:

Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or

Prosecutors Office

Imprisonment: 6 years to 10
Violator deliberately discharges
years, or both
To prove Elements #1:
toxic
pollutants
identified
Affidavit
of
witness
or
Report
B. Failure to Comply with Report Requirements
pursuant to RA 6969
as to the deliberate discharge
If offender is a juridical
2. Toxic pollutants are in toxic
of toxic pollutants
person, the president,
amount
Photo or video showing the act manager, and pollution
Sample of toxic pollutants
control officer or official in
discharged
charge of the operation shall
Photo or video showing the act suffer penalty herein
of taking samples
provided
- Illegally-Caught
Results/certification
C. Illegal Fishing Activities and Dealing in
Fish of
or Fishery Products
laboratory examination that
Note: In cases of gross
the
toxic
pollutant
is
identified
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
pursuant to RA 6969
issue a resolution
Apprehension report with
recommending that the
inventory and seizure receipt
proper government agencies
file criminal charges against
To prove Element #2:
the violators.
Certification by the DENREMB that Fish
the discharged
(Section 28)
2. Construction and Operation of Fish Corrals/Traps,
Pens and Fish Cages
substance is in toxic amount
1.

180

Possible violation: Gross


Recommended evidence for
Penalties:
violation of the Clean Water ActGross violation of the Clean
3. Failure violations
to Complyof
with
Repeated
theStandards
Clean
Water Act- Repeated violations
Water Act within 2 years (Sec. 28
of the Clean Water Act within 2
Fine: P500,000.00 to
(b), RA 9275)
years in relation to Discharge or
P3,000,000.00 per day for
dumping and/or transport of
each day of violation or
Elements:
pollutants:
Imprisonment: 6 years to 10
4. Fishing in overexploited or fishery management areas
1. Violator committed at least 5
years, or both
To prove Element #1:
EMB or PAB Orders showing
violations of the Clean Water
at least 5 violations
Act
If offender is a juridical
2. Commission is within a period
person, the president,
To prove Element #2:
of two years
manager, and pollution
EMB or PAB Orders showing
control officer or official in
date of commission of 5
charge of the operation shall
violations
a period ofwith
2 documentary
suffer penaltyrequirements
herein
5. Fishing without license or necessary permits
orwithin
not complying
years
provided
Note: In cases of gross
violations, the PAB shall
issue a resolution
recommending that the
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
proper government agencies
file criminal charges against
the violators.

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

181

(Section 28)

Where to file:
Prosecutors Office

Possible violation: Gross


violation of the Clean Water ActBlatant disregard of PAB orders
(Sec. 28 (c), RA 9275)
Elements:

Recommended evidence for


Gross violation of the Clean
Water Act- Blatant disregard of
PAB orders in relation to
Discharge or dumping and/or
transport of pollutants:

1. There is a PAB order


To prove Element #1:
2.
Violator
blatantly
disregards
the
Certified True Copy of PAB
B. Failure to Comply with Report Requirements
PAB order
Order/s

Penalties:

Where to file:

Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or

Prosecutors Office

Imprisonment: 6 years to 10
years, or both

If offender is a juridical
person, the president,
Examples:
To prove Element #2:
manager, and pollution
non-payment of fines
Photo or video showing that
control officer or official in
breaking of seals
violator is undertaking
charge of the operation shall
operating despite the existence
activities in blatant disregard
suffer penalty herein
of an order for closure,
of the PAB order/s
provided
or cessation
of
- Illegally-Caught
Report on the Fish or Fishery Products
C. Illegaldiscontinuance
Fishing Activities
and Dealing
in
operation.
abovementioned activities
Note: In cases of gross
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
issue a resolution
recommending that the
proper government agencies
file criminal charges against
the violators.
(Section 28)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

182

Possible violation: Aquatic


Recommended evidence for
Penalties:
pollution - Introduction of
Aquatic pollution - Introduction
3. Failure toor
Comply
substances
energywith
withStandards of substances or energy with
Imprisonment: 6 years and 1
deleterious effects (Secs. 102 &
deleterious effects in relation to
day to 12 years and/or
4(4), RA 8550)
Discharge or dumping and/or
transport of pollutants:
Fine: P80,000.00 plus an
Elements:
additional fine of P8,000.00
per day until such violation
prove Elements
#1:
4. Fishing in overexploited or fisheryTo
management
areas
1. Human or machine, directly or
Affidavit of witness as to act of
ceases and the fines paid.
indirectly, introduces
introduction by human or
substances or energy to
machine of substance or
(Section 102)
aquatic environment
energy to aquatic environment
2. Introduction results to, or is
or Report on the above act
likely to result to, deleterious
Photo or video showing the act
effects as to harm living and
Apprehension report with
non-living
aquatic
resources,
inventory
receipt
5. Fishing
without
license
or necessary permits
orand
notseizure
complying
with documentary requirements
pose potential and/or real
To prove Element #2:
hazard to human health,
Sample of substance
hindrance to the aquatic
introduced to aquatic
activities such as fishing and
environment
navigation
Photo or video of sampling
activity
6. Intrusion of licensed and unlicensed
fishers in
- commercial
Results/certification
of municipal waters
laboratory examination of
substance or energy
Certification that the
7. Marketing and buying illegally-caught fish & fishery species
substance or energy resulted
to, or is likely to result to,
deleterious effects as to harm
living and non-living aquatic
resources, pose potential
and/or real hazard to human
health, hindrance to the
aquatic activities such as
fishing and navigation

183

Where to file:
Prosecutors Office

Possible violation: Aquatic


pollution - waste
dumping/disposal (Secs. 102 &
4(4), RA 8550)
Elements:

Recommended evidence for


Aquatic pollution - waste
dumping/disposal in relation to
Discharge or dumping and/or
transport of pollutants:

Penalties:

Where to file:

Imprisonment: 6 years and 1


day to 12 years and/or

Prosecutors Office

Fine: P80,000.00 plus an


additional fine of P8,000.00
To prove Elements #1-3:
1. A person/entity dump or
Affidavit of witness as to act of
per day until such violation
dispose
waste
and
other
dumping
or
disposal
of
waste
ceases and the fines paid.
B. Failure to Comply with Report Requirements
marine litters
and other marine litters to
2. The dumping/disposal is from
aquatic environment or Report
(Section 102)
any water, land or air transport
on the above act
or other human-made structure
Photo or video showing the act
3. The dumping is made to the
Apprehension report with
aquatic environment
inventory and seizure receipt
4. The dumping or disposition
is likely toand
result
in
ToIllegally-Caught
prove Element #4:
C. Illegalresulted
FishingorActivities
Dealing
in
Fish or Fishery Products
such deleterious effects as to
Sample of waste or other
harm
and non-living
1. Capture
of living
breeders,
spawners, eggs or frymarine litters
aquatic resources, pose
Photo or video of sampling
potential and/or real hazard to
activity
human health,
Results/certification of
hindrance to the aquatic
laboratory examination of
activities such as fishing and
waste or other marine litters
Certification that the dumping
navigation
or disposal
of waste
marine
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens or
and
Fish Cages
litters resulted or is likely to
result in such deleterious
effects as to harm living and
non-living aquatic resources,
pose potential and/or real
hazard to human health, or
hindrance to the aquatic
activities such as fishing and
navigation

184

Possible violation: Aquatic


Recommended evidence for
Penalties:
pollution - Discharge of
Aquatic pollution - Discharge of
3. Failure to
Comply with Standards petroleum, carbonaceous
petroleum,
carbonaceous
Imprisonment: 6 years and 1
materials/substances, other
materials/substances, other
day to 12 years and/or
radioactive, noxious or harmful
radioactive, noxious or harmful
liquid substances (Secs. 102 &
liquid substances in relation to
Fine: P80,000.00 plus an
4(4), RA 8550)
Discharge or dumping and/or
additional fine of P8,000.00
of pollutants:
per day until such violation
4. Fishing in overexploited or fisherytransport
management
areas
Elements:
ceases and the fines paid.
To prove Elements #1-3:
1. A person/entity discharges
Affidavit of witness as to discharge (Section 102)
petroleum, carbonaceous
of petroleum, carbonaceous
materials/substances, other
materials/ substances, other
radioactive, noxious or harmful
radioactive, noxious or harmful
liquid substances
liquid substances or Report on the
2.
The discharge
from any
act
5. Fishing
withoutislicense
or necessary permits
or not complying with documentary requirements
water, land or air transport or
Photo or video showing the act
other human-made structure
Apprehension report with
3. The discharge is made to the
inventory and seizure receipt
aquatic environment
4. The discharge resulted or is
To prove Element #4
likely to result in such
Sample of discharged
6. Intrusion
of licensed
unlicensed commercial
deleterious
effects asand
to harm
substance fishers in municipal waters
living and non-living aquatic
Photo or video of sampling
resources, pose potential
activity
and/or real hazard to human
Results/certification of
7. Marketing and buying illegally-caught fish & fishery species
health, hindrance to the aquatic
laboratory examination that
activities such as fishing and
discharged substance is
navigation
petroleum, carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances
Certification that the discharge of
petroleum, carbonaceous
materials/substances, other

185

Where to file:
Prosecutors Office

radioactive, noxious or harmful


liquid substances resulted or is
likely to result in such deleterious
effects as to harm living and nonliving aquatic resources, pose
potential and/or real hazard to
human health, or hindrance to the
aquatic activities such as fishing
and navigation
B. Failure to Comply with Report Requirements
Possible violation: Undertaking
project without ECC (Sec. 4, PD
1586)
Elements:

Recommended evidence for


Undertaking project without ECC
in relation to Discharge or
dumping and/or transport of
pollutants:

Penalties:

Where to file:

Fine: not to exceed P50,000


for every violation

Regional EMB
Director

1. The
projectActivities
is a declared
ToIllegally-Caught
prove Elements #1
and
C. Illegal
Fishing
and ECP
Dealing in
Fish
or#2:
Fishery Products
Certification from the EMB that
or in a declared ECA
2. Actual
undertaking
or operating
1. Capture
of breeders,
spawners,
eggs or frythe project is an ECP or is in
an ECA
the declared ECP or project in
Photo or video showing that
an ECA by a person,
partnership or corporation
person, partnership or
3. The project has no ECC
corporation is undertaking
activities or operating project
that is a declared ECP or in an
For a list of ECPs and ECAs, see
ECA
Annex 4.
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Investigation report on the
abovementioned activities or
Affidavit of witness on the
abovementioned activities
To prove Element #3:
Certification from EMB on the
lack of ECC

186

Possible violation: Violation of


Recommended evidence for
ECC terms and conditions (Sec.
Violation of ECC terms and
3.PD
Failure
9,
1586)to Comply with Standards conditions in relation to
Discharge or dumping and/or
Elements:
transport of pollutants:

Penalties:

Where to file:

Suspension or cancellation of
the ECC

EMB Regional Office

Fine: not to exceed P50,000


1. An ECC was issued for the
for every violation
To prove Element #1:
project in overexploited or fishery- management
Certified copy
of the ECC
4. Fishing
areas
2. There is a violation of the
terms and conditions of the
To prove Element #2:
ECC
Affidavit of witness or
Investigation report as to the
violation of the terms and
conditions of the ECC
Photo or video showing the
violationor not complying with documentary requirements
5. Fishing without license or necessary permits
Possible violation: Violation of
EMB Rules on EIA (Sec. 9, PD
1586)

Recommended evidence for


Violation of EMB Rules on EIA in
relation to Discharge or dumping
and/or transport of pollutants:

Penalties:

Suspension or cancellation of
Elements:
the ECC
6. Intrusion of licensed and unlicensed
commercial
fishers
To prove
Elements
#1-2:in municipal waters
1. There are standards, rules, and Certified copy of the EMB
Fine: not to exceed P50,000
regulations issued by the EMB
standards, rules and
for every violation
pursuant to
PDbuying
1586 illegally-caught fish
regulations
violated
7. Marketing
and
& fishery
species
2. Violation of the standards, rules Affidavit of witness or
and regulations
Investigation report as to
violation of the standards,
rules and regulations issued
by the EMB
Photo or video showing the
act, if applicable

187

Where to file:
EMB Regional Office

Possible violation: Littering,


throwing, dumping of waste
matters in public places (Sec. 48
(1), RA 9003)
Elements:

Recommended evidence for


Littering, throwing, dumping of
waste matters in public places in
relation to Discharge or dumping
and/or transport of pollutants:

Penalties:

Where to file:

Fine: P300.00 to P1,000.00


or

Prosecutors Office

Community service: 1 to 15
days to an LGU where such
To prove Elements #1-2:
Photo or video showing the act prohibited acts are
1. Actual littering, throwing,
of littering, throwing, dumping
committed, or both;
dumping
of waste
B. Failure
to Comply
withmatters,
Report or
Requirements
of waste matters or causing or
causing or permitting the same;
permitting the same in public
(Sec. 49, par (a))
2. Acts done in public places,
places, such as roads,
such as roads, sidewalks,
sidewalks, canals, esteros or
canals, esteros or parks, and
parks, and establishment
establishment.
Report or Affidavit of witness
on the act of littering, throwing,
dumping or waste
matters
or Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery
causing or permitting the same
1. Capture of breeders, spawners, eggs or fryin public places and
establishment
Possible violation: Transporting
Recommended evidence for
Penalties:
and dumping in bulk wastes in
Transporting and dumping in
areas other than centers or
bulk wastes in areas other than
Fine: P10,000.00 to
facilities prescribed (Sec. 48 (13),
centers or facilities prescribed in P200,000.00
RA 9003)
relation to Discharge
orand
dumping
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens
Fish Cages
and/or transport of pollutants:
or
Elements:
Imprisonment: 30 days to 3
To prove Elements #1-2:
1. Violator transports and dumps
Affidavit of witness or Report
years, or Both
in bulk collected domestic,
as to the transport and
dumping in bulk of collected
industrial, commercial, and
(Sec. 49, par (e))
institutional wastes
wastes in areas other than
If the offense is committed
2. Dumping was made in areas
centers or facilities prescribed
other than centers or facilities
under the law
by a corporation, partnership,

188

Where to file:
Prosecutors Office

prescribed under the law

Photo or video showing the act


Certification by EMB showing
3. Failure to Comply with Standards
that the area where the
collected wastes were dumped
are areas other than centers
or facilities prescribed under
the law
4. Fishing in overexploited or fishery management areas
-

or other juridical identity duly


recognized in accordance
with the law, the chief
executive officer, president,
general manager, managing
partner or such other officerin-charge shall be liable for
the commission of the
offense penalized under this
Act.

After service of the sentence,


deportation without further
administrative proceedings, if
the offender is an alien
5. Fishing without license or necessary permits or not complying with documentary requirements
Fines shall be increased by
at least ten (10%) percent
every three (3) years
(Section 49)

6. Intrusion
of licensed
and unlicensed
commercial fishers
in for
municipal waters
Possible
violation:
Storage,
Recommended
evidence
Penalties:
importation or bringing into
Storage, importation or bringing
Philippine territory hazardous and into Philippine territory
Imprisonment: 12 years and
nuclear
wastes
(Sec.
13(d),
RA
hazardous
and nuclear
wastes in 1 day to 20 years
7. Marketing
and
buying
illegally-caught
fish & fishery
species
6969)
relation to Discharge or dumping
and/or transport of pollutants:
Deportation and bar from any
Elements:
subsequent entry into the
Philippines after serving his
To prove Elements #1-2:
Affidavit of witness or Report
or her sentence if the
1. Violator
as to the causing, aiding or
offender is a foreigner
a) causes, aids or facilitates,
facilitating in the storage,
directly or indirectly, in the
importation or bringing into
(Section 14 (b)(i))
storage, importation, or
Philippine territory any amount
bringing into Philippine

189

Where to file:
Prosecutors Office
for criminal charges
EMB for
administrative
charges

territory, including its


of hazardous and nuclear
For managing partner,
maritime economic zones
wastes or
president or chief executive
even in transit, either by
Affidavit of witness or Report
of corporations/associations:
means of land, air or sea
as to the actual storage of any
transportation,
amount of hazardous and
Exemplary damage: at least
or
nuclear wastes in any part of
P500,000.00
b) keeps in storage in any
the Philippines.
part of the Philippines.
Photo or video showing the
If foreign firm, the director
prohibited
acts
and all officers of such
2.
Any
amount
of
hazardous
and
B. Failure to Comply with Report Requirements
Sample of hazardous or
foreign firm shall be barred
nuclear wastes
nuclear waste involved
from entry into the Philippine,
Photo or video of sampling
activity
Cancellation of its license to
Results/certification of
do business in the
laboratory examination of
Philippines
hazardous or nuclear waste
- Illegally-Caught
Certification of Fish
NAMRIA
or
(Section 14 (b)(ii))
C. Illegal Fishing Activities and Dealing in
or Fishery
Products
Coast Guard as to the location
1. Capture of breeders, spawners, eggs or frywhen necessary (e.g. in transit In case offender is a
or in maritime economic zone)
government official/employee
- automatic dismissal from
office and permanent
disqualification from holding
any elective or appointive
position
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
(Section 14 (b)(iii))
Confiscation or forfeiture of
the proceeds of the unlawful
act and instruments, tools or
other improvements including
vehicles, sea vessels, and
aircrafts used

190

(Section 14 (c))

3. Failure to Comply with Standards

Obligation to transport or
send back hazardous or
nuclear wastes

Forfeiture of any and all


means of transportation,
including all facilities and
appurtenances that may
have been used in
transporting to or in the
storage in the Philippines of
any significant amount of
hazardous or nuclear wastes
5. Fishing without license or necessary permits or not complying with documentary requirements
(Section 14 (d))

4. Fishing in overexploited or fishery management areas

Administrative fine:
P10,000.00 to P50,000.00
(Section 15)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
2. Failure to clean-up pollution
7. Marketing
and buying
fish & fishery
species
Possible
violation:
Failureillegally-caught
to
Recommended
evidence
for
undertake clean up operations
Failure to undertake clean up
(Sec. 28, par 2, RA 9275)
operations in relation to Failure to
clean-up pollution:
Elements:
To prove Element #1:
1. There is an order to undertake
A certified copy of the order to
clean-up operations
undertake clean-up operations
2. Violator fails or refuses to
undertake clean-up operations

191

Penalties:

Where to file:

Fine: P50,000 to P100,000


per day for each day of
violation, and

Prosecutors Office

Imprisonment: 2 to 4 years
(Section 28, paragraph 2)

To prove Elements #2-3


Affidavit of witness or Report as
to
o
the failure or
refusal to
undertake cleanup operations
o
and that the
failure or refusal
B. Failure to Comply with Report Requirements
was done willfully
Photo or video showing the
affected area before and after
the order to clean up
3.

Failure or refusal is done


willfully or through gross
negligence

Possible violation: Failure to


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

192

Where to file:
Prosecutors Office

3. Failure to Comply with Standards

water contamination
Photo or video showing the
affected area before and after
the order to clean up

To prove Element #4:


Photo or video showing serious
injury or loss
of life and/or
4. Fishing in overexploited or fishery management
areas
irreversible water contamination
Water sample
Laboratory result and
Certification showing
relationship between the loss of
life, serious injury or irreversible
water contamination of surface,
ground, or
coastal
and marinewith documentary requirements
5. Fishing without license or necessary permits
not complying
water and failure to cleanup
Possible violation: Gross
Recommended evidence for
Penalties:
violation of the Clean Water ActGross violation of the Clean Water
Blatant disregard of PAB orders
Act- Blatant disregard of PAB
Fine: P500,000.00 to
(Sec. 28 (c), RA 9275)
orders in relation to Failure to
P3,000,000.00 per day for
6. Intrusion of licensed and unlicensed
commercial
fishers in municipal waters
clean-up
pollution:
each day of violation or
Elements:
Imprisonment: 6 years to 10
To prove Element #1:
1.
There is aand
PABbuying
order illegally-caught
Certified
copy ofspecies
PAB Order/s to years, or both
7. Marketing
fish & fishery
2. Violator blatantly disregards
clean up
the PAB order
If offender is a juridical
To prove Element #2:
person, the president,
Photo or video showing the
manager, and pollution
affected area before and after
control officer or official in
the order to clean up in blatant
charge of the operation shall
disregard of the PAB order
suffer penalty herein
Report on the abovementioned
provided
activities

193

Where to file:
Prosecutors Office

Certification or Report by EMB


that offender has not
undertaken cleanup operations
in blatant disregard of the PAB
Order

(Section 28)

B. Failure to Comply with Report Requirements


Possible violation: Violation of
ECC terms and conditions (Sec.
9, PD 1586)
Elements:

Note: In cases of gross


violations, the PAB shall
issue a resolution
recommending that the
proper government agencies
file criminal charges against
the violators.

Recommended evidence for


Violation of ECC terms and
conditions in relation to Failure to
clean-up pollution:

Penalties:

Where to file:

Suspension or cancellation
of the ECC

EMB Regional Office

Fine: not to exceed P50,000


To prove Element #1:
3. AnFishing
ECC was
issued for
the
Certified copy ofFish
the or
ECC
for every violation
C. Illegal
Activities
and
Dealing -in Illegally-Caught
Fishery Products
project
4. There
is a violation
of the eggs To
prove Element #2:
1. Capture
of breeders,
spawners,
or fry
terms and conditions of the
Affidavit of witness or
ECC
Investigation report as to the
violation of the terms and
conditions of the ECC
Photo or video showing the
violation
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
3. Illegal discharge of mine tailings
Possible violation: Violation of
the Terms and Conditions of the
ECC in a mining or quarrying
project (Section 108, RA 7942)
1.

Offender is a holder of an ECC


in a mining or quarrying project

Recommended Evidence for


Violation of the Terms and
Conditions of the ECC in a
mining or quarrying project in
relation to Illegal discharge of
mine tailings:

194

Penalties:

Where to file:

Imprisonment: six (6) months


to six (6) years

Prosecutors Office

or

2.

Offender wilfully violates or


To prove Element #1:
Fine: Fifty thousand pesos
grossly neglects to abide by
Certified true copy of the ECC
(P50,000.00)
3. Failure
to Comply
with Standards
the terms
and conditions
of the
in a mining or quarrying project to Two hundred thousand
ECC
Certification by EMB that an
pesos (P200,000.00)
3. The failure or neglect caused
ECC has been issued
environmental damage
(optional)
or both imprisonment and
through pollution
fine, at the discretion of the
prove Element
#2:
court
4. Fishing in overexploited or fisheryTomanagement
areas
Photo or video showing willful
violation and gross negligence
to abide by the terms and
conditions of the ECC,
particularly illegal discharge of
mine tailings
Report or Affidavit of witness
on the willful
violation
and with documentary requirements
5. Fishing without license or necessary permits
or not
complying
gross negligence to abide by
the terms and conditions of the
ECC, particularly illegal
discharge of mine tailings
To prove Element #3:
6. Intrusion of licensed and unlicensed
fishers
in municipal waters
- commercial
Air, land, water
sample
Results/certification of
laboratory examination of
samples
7. Marketing and buying illegally-caught fish & fishery species
Affidavit of expert witness or
Certification by EMB as to the
environmental damage
through pollution brought
about by the discharge of mine
tailings

195

Possible violation: Operating


mining project without an ECC
(Sec. 179, DAO 2010-21 in
relation to Sec. 110 of RA 7942)

Recommended evidence for


Operating mining project without
an ECC in relation to Illegal
discharge of mine tailings:

Elements:
To prove Element #1:
1. Contractors/Permit Holders
Photo or video showing that
operate a mining project
contractor or permit holder is
2.
Mining
project
has
no
ECC
operating mining project
B. Failure to Comply with Report Requirements
Affidavit of witness or Report
showing that contractor or
permit holder is operating
mining project

Penalties:

Where to file:

Fine: Maximum of Five


thousand pesos (P5,000.00)

Prosecutors Office

(Section 110, RA 7942)

To prove Element #2:


Certification from EMB on the
lack of ECC
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
Possible
noteggs Recommended
evidence for
1. Capture
ofviolation:
breeders, Practice
spawners,
or fry
in accordance with anti-pollution
Practice not in accordance with
laws and regulations in mining
anti-pollution laws and
or quarrying projects (Sec. 175,
regulations in mining or
DAO 2010-21 in relation to Sec.
quarrying projects in relation to
154, DAO 2010-21)
Illegal discharge of mine tailings:

Penalties:

Remedy any practice


connected with mining or
quarrying operations, which is
not in accordance with the
provisions of Department
Elements: and Operation of Fish Corrals/Traps,
To prove Element
Administrative Order No.
2. Construction
Fish#1:
Pens and Fish Cages
Certification from the MGB that 2000-98; and
1. Violator is a
violator is a
Contractor/Permittee/Lessee/P
Contractor/Permittee/Lessee/P Suspension of the operations
ermit Holder of a mining or
ermit Holder of a mining or
quarrying project
quarrying project
(Sec. 154, DAO 2010-21)
Certified Copy of the contract
2. Violator carries out practices
/lease agreement or permit of
not in accordance with antia mining or quarrying project
Summary suspension by the
pollution laws and regulations
3. There is an actual or imminent
(optional)
MGB Regional Director, in

196

Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB

danger to the environment

To prove Element #2:


3. Failure to Comply with StandardsPhoto or video showing that
violator discharges mine
tailings not in accordance with
anti-pollution laws and
regulations
Affidavit of witness
4. Fishing in overexploited or fishery- management
areas that violator
discharges mine tailings not in
accordance with anti-pollution
laws and regulations

consultation with EMB, until


danger is removed or
appropriate measures are
taken by the
Contractor/Permittee/Lessee/
Permit
Remedial measures
(Sec. 175, DAO 2010-21)

To prove Element #3:


Water/air/land samples
Results/certification of
laboratory
of with documentary requirements
5. Fishing without license or necessary permits
or examination
not complying
samples
Affidavit of expert witness or
Certification from EMB as to
the actual or imminent danger
to the environment brought
about by the discharge of mine
6. Intrusion of licensed and unlicensed commercial
fishers in municipal waters
tailings
Other evidence:
Apprehension report with
7. Marketing and buying illegally-caught fish & fishery species
inventory and seizure receipt,
if applicable

197

Possible violation:
Noncompliance with the terms
and conditions of a small-scale
mining contract (Sec. 21, RA
7076)

Recommended evidence for


Noncompliance with the terms
and conditions of a small-scale
mining contract in relation to
Illegal discharge of mine tailings:

Penalties:

Where to file:

Cancellation of the contract

MGB for the


administrative
charges under
Section 21

Ejectment from the smallscale mining area

Elements:
To prove Elements # 1 and 2:
1. Peoples small-scale mining
Fines: not less than
Certified copy of the contract
contract
was
issued
to
the
P20,000.00
and not more
Investigation
report
or
Affidavit
B. Failure to Comply with Report Requirements
contractor
than P100,000.00, which may
of witness(es) on the illegal
2. Contractor failed to comply
be imposed by the Secretary
discharge of mine tailings as a
with the terms and conditions
violation of the terms and
of the contract
(Section 21)
conditions of the contract (if
applicable)
Imprisonment: not less than 6
Photo or video showing the
months nor more than 6
illegal discharge of mine
years
tailings as a violation
of Fishery
the
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or
Products
terms and conditions of the
Confiscation and seizure of
contract
1. Capture of breeders, spawners, eggs or fry
equipment, tools and
Apprehension report with
instruments
inventory and seizure receipt,
if applicable
(Section 27)
Possible violation: Violation of
Recommended evidence for
Penalties:
the rules andand
regulations
issued
Violation of the
rules
andand Fish Cages
2. Construction
Operation
of Fish Corrals/Traps,
Fish
Pens
by the Secretary on small-scale
regulations issued by the
Cancellation of the contract
mining (Sec. 21, RA 7076)
Secretary on small-scale mining
in relation to Illegal discharge of
Ejectment from the scaleElements:
mine tailings:
scale mining area
1. Peoples Small-scale mining
contract was issued to the
To prove Elements # 1 and 2:
Fines: not less than
contractor
P20,000.00 and not more
Certified copy of the small2. Contractor violated the rules
than P100,000.00, which may
scale mining contract
and regulations issued by the
be imposed by the Secretary
Certified copy of the violated

198

Prosecutors Office
for criminal charges
under Section 27

Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27

Secretary pursuant to the


Peoples Small Scale Mining
3. Failure
Act to Comply with Standards
-

rules and regulations issued by


the Secretary pertinent to
discharge of mine tailings
Investigation report or Affidavit
of witness(es) on the violation
of the rules and regulations
Photo or video showing the
violation of the
rules and
4. Fishing in overexploited or fishery management
areas
regulations
Apprehension report with
inventory and seizure receipt,
if applicable

(Section 21)
Imprisonment: not less than 6
months nor more than 6
years
Confiscation and seizure of
equipment, tools and
instruments
(Section 27)

Possible violation: Dumping


Recommended evidence for
Penalties:
waste products in critical
Dumping waste products in
habitats
detrimental
to wildlife
critical
habitats
detrimental
towith documentary
Imprisonment:
1 month to
5. Fishing
without license
or necessary
permits
or not
complying
requirements
(Sec. 27(c)(i), RA 9147)
wildlife in relation to Illegal
eight years and/or
discharge of mine tailings:
Elements:
Fine: P5,000 to 5 million
1. Waste products are dumped in To prove Element #1:
pesos
a place by the violator
Affidavit of witness or Report
2. The waste products dumped
as to the dumping of mine
Deportation, without any
6. Intrusion
of licensed
and unlicensed commercial
fishers inplace
municipal
watersproceedings, after
are detrimental
to wildlife
tailings in a particular
by
further
3. The place is a critical habitat
the offender
service of sentence and
declared by the DENR
Photo or video showing the
payment of fines if offender is
Secretaryand
in accordance
with
dumping
of mine
tailings
an alien.
7. Marketing
buying illegally-caught
fish & fishery
species
Section 25 of RA 9147.
Sample of mine tailings
Photo or video of the sampling
Fines prescribed to be
activity
increased by at least 10%
Apprehension report with
every three years
inventory and seizure receipt,
if applicable
(Section 28)
To prove Element #2:
Results/certification of
-

199

Where to file:
Prosecutors Office

laboratory examination of mine


tailings
Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of mine
tailings to wildlife, or affidavit of
expert witness as to the
detrimental effect of waste
products on wildlife
B. Failure to Comply with Report Requirements
To prove Element #3:
Certification by the DENR,
PAWB, BFAR or PCSD or
issuance that the place is
designated as a critical habitat
Possible
violation:
Discharge
of
Recommended
evidence
Penalties:
C. Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fish orfor
Fishery Products
material that causes pollution or
Discharge of material that
obstructs
natural flow
(Sec. 27 eggs causes
1. Capture
of breeders,
spawners,
or fry pollution or obstructs
(a), RA 9275)
natural flow in relation to Illegal
To be imposed by the
discharge of mine tailings:
Secretary, upon PAB
Elements:
recommendation:
To prove Elements #1-2:
1. Violator is in the act of
Affidavit of witness or Report
Fine: P10,000.00 to
discharging, depositing or
as to the:
P200,000.00 for every day of
causing to
beOperation
deposited of Fish Corrals/Traps,
o
discharge
deposit
violation, to be increased
2. Construction
and
Fish Pensorand
Fish Cages
material of any kind
of mine tailings;
10% every 2 years
2. Act is being done directly or
o
location of the
indirectly into the water bodies
discharge or deposit
Closure, suspension of
or along the margins of any
Photo or video showing the act development or construction,
surface water
Sample of mine tailings
or cessation of operations or,
3. Material shall be liable to be
Apprehension report with
disconnection of water
washed into such surface
inventory and seizure receipt,
supply, until compliance
water, either by tide action or
if applicable
(order may be issued ex parte
by storm, floods or otherwise,
pending case)

200

Where to file:
EMB Regional
Director or PAB

4.

Material could cause water


To prove Elements #3-4:
pollution or impede natural
Results/certification of
(Section 28)
3. Failure
Comply
with Standards
flow into
the
water body.
laboratory examination of mine
tailings
Affidavit of expert witness
(when necessary) and
certification that material:
o areas
shall be liable to
4. Fishing in overexploited or fishery management
be washed into
such surface
water, either by
tide action or by
storms or floods,
or otherwise, or
o
could impede or
5. Fishing without license or necessary permits or notobstruct
complying with documentary requirements
navigation or
o
could cause
water pollution

Possible violation: Pollution of


Recommended evidence for
Penalties:
groundwater (Sec. 27 (b), RA
Pollution of groundwater in
6. Intrusion of licensed and unlicensed
commercial
in municipal
waters
9275)
relation
to Illegalfishers
discharge
of
mine tailings:
To be imposed by the
Elements:
Secretary, upon PAB
recommendation:
To prove
7. Marketing and buying illegally-caught
fish Elements
& fishery#1:
species
1. Violator is in the act of
Affidavit of witness or Report
as to act of discharging,
discharging, injecting or
Fine: P10,000.00 to
allowing to seep into the soil or
injecting or allowing to seep
P200,000.00 for every day of
into the soil or sub-soil mine
sub-soil any substance in any
violation, to be increased
form
tailings
10% every 2 years
2. Substance would pollute
Photo or video showing the act
Closure, suspension of
Sample of substance being
groundwater
3. Does not fall under the
discharged, injected or allowed development or construction,
exception
to seep
or cessation of operations or,

201

Where to file:
EMB Regional
Director or PAB

Exception:

Photo or video of the sampling


activity
Apprehension report with
inventory and seizure receipt,
if applicable

disconnection of water
supply, until compliance
(order may be issued ex parte
pending case)

In the case of geothermal projects,


and subject to the approval of the
DENR, regulated discharge for
(Section 28)
short-term activities (e.g. well
To prove Element #2-3:
testing, flushing, commissioning,
Results/certification of
venting)
and
deep
re-injection
of
laboratory examination of the
B. Failure to Comply with Report Requirements
geothermal liquids may be allowed
mine tailings
as long as safety measures are
Certification or affidavit of
adopted to prevent the
expert witness that the mine
contamination of the groundwater.
tailings would pollute
groundwater and that it does
not fall under any of the
exceptions
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Possible violation: Operating
Recommended evidence for
Penalties:
facilitiesofwithout
discharge
facilities without
1. Capture
breeders,
spawners, eggs Operating
or fry
permits (Sec. 27 (c), RA 9275)
discharge permits in relation to
Illegal discharge of mine tailings: To be imposed by the
Secretary, upon PAB
Elements:
recommendation:
To prove Elements #1-2:
1. Violator is operating facilities
Affidavit of witness or Report
2. Facilities discharge regulated
as to operation of the facility
Fine: P10,000.00 to
water pollutants
that discharges
mine and
tailings
P200,000.00 for every day of
2. Construction
and Operation of Fish Corrals/Traps,
Fish Pens
Fish Cages
3. The discharge is without the
Photo or video showing the act violation, to be increased
valid required permits or made
Sample of mine tailings
10% every 2 years
after the permit was revoked
Results/certification of
for any violation of any
laboratory examination that the Closure, suspension of
development or construction,
condition therein.
mine tailings discharged are
or cessation of operations or,
regulated water pollutants
disconnection of water
Photo or video of the sampling
supply, until compliance
activity
Apprehension report with
(order may be issued ex parte

202

Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

inventory and seizure receipt,


if applicable

3. Failure to Comply with Standards


To prove Element #3:
Certification that the discharge
is without the valid required
permits or made after the
permit was areas
revoked for any
4. Fishing in overexploited or fishery management
violation of any condition
therein

pending case)
(Section 28)

Possible violation: Undertake


Recommended evidence for
Penalties:
activities in violation of the EIA
Undertaking activities in
Law or PD 1586 (Sec. 27(h), RA
violation of the EIA Law or PD
To be imposed by the
9275)
1586 in relation to Illegal
Secretary, upon PAB
discharge
ofor
mine
recommendation:
5. Fishing without license or necessary
permits
not tailings:
complying with documentary
requirements
Elements:
Fine: P10,000.00 to
To prove Element #1:
1. Violator undertakes
Photo or video showing that violator P200,000.00 for every day of
a. activities or
is undertaking mining activities or
violation, to be increased
development and
development and expansion
10% every 2 years
expansion of project,
thereof and/or operating mine
6. Intrusion oforlicensed and unlicensed commercial
fishers
waters suspension of
wastes treatment
facilityin municipal Closure,
b. Violator operates
Affidavit of witness or Report on
development or construction,
wastewater/sewerag
the abovementioned activities
or cessation of operations or,
e facilities
Apprehension
with
disconnection of water
7. Marketing and
buying illegally-caught
fish & fisheryreport
species
2. Acts violate the Environmental
inventory and seizure receipt,
supply, until compliance
Impact Statement System Law
if applicable
(order may be issued ex parte
(Presidential Decree No.1586)
pending case)
and its implementing rules and To prove Element #2:
regulations.
Certification from EMB on the
(Section 28)
lack of ECC; or violation of
Note: For projects covered by PD
ECC conditions
1586, see complete list in Annex 4.
Certified copy of the ECC and
specific conditions violated

203

Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

Possible violation: Illegal


discharge of regulated water
pollutants (Sec. 27 (i), RA 9275)

Recommended evidence for


Illegal discharge of regulated
water pollutants in relation to
Illegal discharge of mine tailings:

Elements:

Penalties:

Where to file:

To be imposed by the
Secretary, upon PAB
recommendation:

PAB, EMB Regional


Director, PENRO or
CENRO

To prove Elements #1:


Affidavit of witness as to the
Fine: P10,000.00 to
1. Violator discharged regulated
discharge of mine tailings or
P200,000.00 for every day of
water
pollutants
mine
wastes,
or
Report
on
the
violation, to be increased
B. Failure to Comply with Report Requirements
2. Discharge is without the valid
said act
10% every 2 years
required discharge permit
Photo or video showing the act
pursuant to this Act or was
Sample of discharged
Closure, suspension of
done after the permit was
materials
development or construction,
revoked for any violation of
Results/certification of
or cessation of operations or,
condition therein
laboratory examination on the
disconnection of water
discharged materials as
supply, until compliance
regulated waterFish
pollutants
(order may be issued ex parte
C. Illegal Fishing Activities and Dealing in Illegally-Caught
or Fishery Products
Apprehension report with
pending case)
inventory
and
seizure
receipt,
1. Capture of breeders, spawners, eggs or fry
if applicable
(Section 28)
To prove Element #2:
Certification that the discharge
is without the valid required
permits or made after the
permit wasFish
revoked
any
2. Construction and Operation of Fish Corrals/Traps,
Pensfor
and
Fish Cages
violation of any condition
therein

204

Possible violation: Gross


Recommended evidence for
Penalties:
violation of the Clean Water ActGross violation of the Clean
3. Failure to
Comply of
with
StandardsWater Act- deliberate discharge
deliberate
discharge
toxic
Fine: P500,000.00 to
pollutants (Sec. 28 (a), RA 9275)
of toxic pollutants in relation to
P3,000,000.00 per day for
Illegal discharge of mine tailings: each day of violation or
Elements:
Imprisonment: 6 years to 10
To prove Elements #1:
1.
Violatorindeliberately
Affidavit of witness
years, or both
4. Fishing
overexploited or fishery- management
areas or Report
discharges
as to the deliberate discharge
2. toxic pollutants identified
of mine tailings
If offender is a juridical
pursuant to RA 6969
Photo or video showing the act person, the president,
3. Toxic pollutants are in toxic
Sample of mine tailings
manager, and pollution
amount
discharged
control officer or official in
Photo or video showing the act charge of the operation shall
of taking samples
suffer penalty herein provided
Results/certification
of
5. Fishing without license or necessary
permits
or not complying
with documentary requirements
laboratory examination that the Note: In cases of gross
mine tailings contain toxic
violations, the PAB shall
pollutant/s as identified
issue a resolution
pursuant to RA 6969
recommending that the
Apprehension report with
proper government agencies
inventory and seizure receipt,
file criminal charges against
6. Intrusion of licensed and unlicensed commercial
waters
if applicable fishers in municipal the
violators.
To prove Element #2:
Certification by the DENR7. Marketing and buying illegally-caught fish & fishery species
EMB that the discharged
substance is in toxic amount

205

(Section 28)

Where to file:
Prosecutors Office

Possible violation: Gross


violation of the Clean Water ActRepeated violations of the Clean
Water Act within 2 years (Sec. 28
(b), RA 9275)
Elements:

Recommended evidence for


Gross violation of the Clean
Water Act- Repeated violations
of the Clean Water Act within 2
years in relation to Illegal
discharge of mine tailings:

Penalties:
Fine: P500,000.00 to
P3,000,000.00 per day for
each day of violation or

Imprisonment: 6 years to 10
To prove Element #1:
1.
Violator
committed
at
least
5
EMB
or
PAB
Orders
showing
years, or both
B. Failure to Comply with Report Requirements
violations of the Clean Water
at least 5 violations
Act
If offender is a juridical
2. Commission is within a period
To prove Element #2:
person, the president,
of two years
EMB or PAB Orders showing
manager, and pollution
date of commission of 5
control officer or official in
violations within a period of 2
charge of the operation shall
years
suffer penalty herein provided
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Note: In cases of gross
violations, the PAB shall
1. Capture of breeders, spawners, eggs or fry
issue a resolution
recommending that the
proper government agencies
file criminal charges against
the violators.
(Section 28)
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

206

Where to file:
Prosecutors Office

Possible violation: Violation of


Recommended evidence for
Penalties:
Marine Pollution Decree (Sec. 28, Violation of Sec. 4(a) of the
3. Failure
to Comply
with to
Standards
par
5, RA 9275
in relation
Sec.
Marine Pollution Decree in
Fine: P50,000.00 to
4(a), PD 979)
relation to Illegal discharge of
P1,000,000.00
mine tailings:
Elements:
Imprisonment: 1 year to 6
years
To prove Elements #1, 3 & 4:
Affidavit of witness
Act
is in violation
of Section 4 or
of fishery
PD - management
4. Fishing
in overexploited
areas or Report
as to the following:
or both, for each offense,
979, such that:
o
The violator discharged,
without prejudice to the civil
1. Violator discharges, dumps or
dumped or suffered,
liability of the offender in
suffers, permits the discharge
permitted the discharge of accordance with existing laws
of substances
mine tailings
If discharge is oil or other
2. Such substances are either oil,
o
The discharge was from
harmful substances:
noxious gaseous and liquid
or out of any ship, vessel,
substances
andlicense
other harmful
barge,
or any
other with documentary requirements
5. Fishing
without
or necessary permits
or not
complying
Fine: P500,000.00 to
substances
floating craft, or other
P3,000,000.00 per day for
3. The discharge is from or out of
man-made structures
each day of violation
any ship, vessel, barge, or any
o
The discharge was made
other floating craft, or other
at sea by any method,
Withholding of clearance of
man-made structures
means or manner, into or
such vessel from Philippine
4. The discharge is made at sea
upon the territorial and
6. Intrusion
of licensed
and
fishers inwaters
municipal
waters
until the fine is paid
by any method,
means
orunlicensed commercial
inland navigable
of port
manner, into or upon the
the Philippines.
Liability for cleanup costs by
territorial and inland navigable
Photo or video showing the
the owner or operator of a
waters of the Philippines.
above
7. Marketing and buying illegally-caught fish & fishery species
vessel or facility which
Apprehension report with
discharged the oil or other
inventory and seizure receipt,
harmful substances
if applicable
To prove Element #2:
Sample of the mine tailings
discharged
Photo or video showing act of
taking samples

207

(Section 28, RA 9275)


Suspension of Seafarers
Identification Record Book
(SIRB) and Qualification

Where to file:
Prosecutors Office
for the criminal
charges
Philippine Coast
Guard and MARINA
for the administrative
charges

Results of laboratory
examination identifying
substances contained in the
discharged mine tailings
Certification by the EMB that
such substance/s is/are either
oil, noxious gaseous and liquid
substances and other harmful
substances
B. Failure to Comply with Report Requirements
-

Documentation Certificate
(QDC) and License
(MARINA Regulations)

To prove Element #4:


GPS reading as to location of ship,
vessel, barge, floating craft or other
man-made structure
Certification by NAMRIA or
Coast Guard as to the location
of ship, vessel, Fish
barge,
C. Illegal Fishing Activities and Dealing in Illegally-Caught
orfloating
Fishery Products
craft or other man-made
structure
1. Capture of breeders, spawners, eggs or fry
Possible violation: Violation of
Marine Pollution Decree (Sec. 28,
par 5, RA 9275 in relation to Sec.
4(b) of PD 979)

Recommended evidence for


Violation of Marine Pollution
Decree in relation to Illegal
discharge of mine tailings:

Penalties:

Where to file:

Fine: P50,000.00 to
P1,000,000.00

Prosecutors Office

Elements: and Operation of Fish Corrals/Traps,


Imprisonment: 1 year to 6
To prove Elements
2. Construction
Fish #1-2:
Pens and Fish Cages
Affidavit of witness as to the
years
act and location of the source
Act is in violation of Section 4 of PD
or Investigation report on the
or both, for each offense,
979, such that:
said act and location
without prejudice to the civil
1. Offender throws, discharges or Photo or video showing the act liability of the offender in
deposits, dumps, or causes,
Apprehension report with
accordance with existing laws
suffers or procures to be
inventory and seizure receipt,
thrown, discharged, or
if applicable
deposited

208

2. from the shore, wharf


To prove Elements #3:
3. any refuse matter of any kind
Sample of the mine tailings
3. Failure
to Comply
with Standards
or description
whatever
other
Photo or video of sampling
than that flowing from streets
activity
and sewers and passing
Results/certification of
therefrom in a liquid state
laboratory examination that the
4. into tributary of any navigable
mine tailings discharged is a
water from
which the same
refuse matter
of any kind or
4. Fishing
in overexploited
or fishery management
areas
shall float or be washed into
description whatever other
such navigable water
than that flowing from streets
and sewers and passing
therefrom in a liquid state
Affidavit of witness or expert
witness, when necessary, as
to the possibility of mine
tailings being
into the
5. Fishing without license or necessary permits
or notwashed
complying
with documentary requirements
navigable water
To prove Element #4:
Photo or video of tributary
showing that it is a tributary of
a navigable water
6. Intrusion of licensed and unlicensed
municipal waters
- commercial
Certification fishers
from theinNAMRIA
or PCG that the tributary is a
tributary of a navigable water

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


Possible violation: Aquatic
Recommended evidence for
pollution - Introduction of
Aquatic pollution - Introduction
substances or energy with
of substances or energy with
deleterious effects (Secs. 102 &
deleterious effects in relation to
4(4), RA 8550)
Illegal discharge of mine tailings:
Elements:
1.

Human or machine, directly or

To prove Elements #1:


Affidavit of witness as to act of
introduction by human or

209

Penalties:

Where to file:

Imprisonment: 6 years and 1


day to 12 years and/or

Prosecutors Office

Fine: P80,000.00 plus an


additional fine of P8,000.00
per day until such violation
ceases and the fines paid.

indirectly, introduces
machine of mine tailings to
substances or energy to
aquatic environment or Report
(Section 102)
aquatic environment
on the above act
2. Introduction results to, or is
Photo or video showing the act
likely to result to, deleterious
Apprehension report with
effects as to harm living and
inventory and seizure receipt,
non-living aquatic resources,
if applicable
pose potential and/or real
hazard
to human
health,
To prove Element #2:
B. Failure
to Comply
with
Report Requirements
hindrance to the aquatic
Sample of mine tailings
activities such as fishing and
introduced to aquatic
navigation
environment
Photo or video of sampling
activity
Results/certification of
laboratory examination of the
mine tailings Fish or Fishery Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Certification that the
introduced mine tailings
1. Capture of breeders, spawners, eggs or fry
resulted to, or is likely to result
to, deleterious effects as to
harm living and non-living
aquatic resources, pose
potential and/or real hazard to
human health, hindrance to the
aquatic activities
suchand
as Fish Cages
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
fishing and navigation
Possible violation: Aquatic
pollution - waste
dumping/disposal (Secs. 102 &
4(4), RA 8550)

Recommended evidence for


Aquatic pollution - waste
dumping/disposal in relation to
Illegal discharge of mine tailings:

Penalties:

Where to file:

Imprisonment: 6 years and 1


day to 12 years and/or

Prosecutors Office

Elements:

To prove Elements #1-3:


Affidavit of witness as to act of

Fine: P80,000.00 plus an


additional fine of P8,000.00

210

1.

A person/entity dumps or
dumping or disposal of mine
per day until such violation
disposes waste and other
tailings to aquatic environment
ceases and the fines paid.
3. Failure
Comply with Standards
marinetolitters
or Report on the above act
2. The dumping/disposal is from
Photo or video showing the act (Section 102)
any water, land or air transport
Apprehension report with
or other human-made structure
inventory and seizure receipt,
3. The dumping is made to the
if applicable
aquaticinenvironment
4. Fishing
overexploited or fishery management areas
4. The dumping or disposition
To prove Element #4:
resulted or is likely to result in
Sample of mine tailings
such deleterious effects as to
Photo or video of sampling
harm living and non-living
activity
aquatic resources, pose
Results/certification by EMB or
potential and/or real hazard to
BFAR of laboratory
human health,
examination of mine tailings
5.
hindrance
to thelicense
aquaticor necessary
Certification
by complying
the EMB or with documentary requirements
5. Fishing
without
permits
or not
activities such as fishing and
BFAR that the dumping or
navigation
disposal of mine tailings
resulted or is likely to result in
such deleterious effects as to
harm living and non-living
aquatic resources, pose
6. Intrusion of licensed and unlicensed commercial
fishers
municipal
waters
potential and/or
real in
hazard
to
human health, or hindrance to
the aquatic activities such as
fishing and navigation
7. Marketing and buying illegally-caught fish & fishery species
Possible violation: Aquatic
pollution - Discharge of
petroleum, carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances (Secs. 102 &
4(4), RA 8550)

Recommended evidence for


Aquatic pollution - Discharge of
petroleum, carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances in relation to
Illegal discharge of mine tailings:

211

Penalties:

Where to file:

Imprisonment: 6 years and 1


day to 12 years and/or

Prosecutors Office

Fine: P80,000.00 plus an


additional fine of P8,000.00
per day until such violation

Elements:

To prove Elements #1-3:


ceases and the fines paid.
Affidavit of witness as to
1. A person/entity discharges
discharge of mine tailings
(Section 102)
petroleum, carbonaceous
which may contain petroleum,
materials/substances, other
carbonaceous
radioactive, noxious or harmful
materials/substances, other
liquid substances
radioactive, noxious or harmful
2. The discharge is from any
liquid substances or Report on
water,
land
or
air
transport
or
the act
B. Failure to Comply with Report Requirements
other human-made structure
Photo or video showing the act
3. The discharge is made to the
Apprehension report with
aquatic environment
inventory and seizure receipt,
4. The discharge resulted or is
if applicable
likely to result in such
deleterious effects as to harm
To prove Element #4:
living and non-living aquatic
Sample of mine tailings
pose potential
Photo or video of
sampling
C. Illegalresources,
Fishing Activities
and Dealing -in Illegally-Caught
Fish
or Fishery Products
and/or real hazard to human
activity
health,
hindrancespawners,
to the
Results/certification of
1. Capture
of breeders,
eggs -or fry
aquatic activities such as
laboratory examination that
fishing and navigation
discharged mine tailings
contains petroleum,
carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Certification that the
discharged mine tailings that
contains petroleum,
carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances resulted or is
likely to result in such
deleterious effects as to harm

212

3. Failure to Comply with Standards

living and non-living aquatic


resources, pose potential
and/or real hazard to human
health, or hindrance to the
aquatic activities such as
fishing and navigation

4. Fishing in overexploited or fishery management areas


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

213

Penalties:
Suspension or cancellation of
the ECC
Fine: not to exceed P50,000
for every violation

Where to file:
EMB Regional Office

Where to file:
EMB Regional Office

rules and regulations

Affidavit of witness or
Investigation report as to
violation of the standards,
rules and regulations issued by
the EMB
Photo or video showing the
act, if applicable

B. Failure to Comply with Report Requirements


J. Wildlife Violations
1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals
Possible violation: Ban on coral
Recommended evidence for Ban
exploitation and exportation (Sec. 91, RA
on coral exploitation and
8550)
exportation in relation to
Collection of
endangered
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
or Fisheryand
Products
Elements:
protected benthic marine life
(such as Triton shells and giant
1. A person/entity
1. Capture of breeders, spawners, eggs or fry
clams) and corals
a. gathers,
b. possesses,
c. sells, or
To prove Element #1:
Affidavit of apprehending
d. exports
officer(s) indicating
corals
o
The act of gathering,
2. Such corals are either ordinary,
possession,
or
precious, and
or semi-precious,
2. Construction
Operation of whether
Fish Corrals/Traps, Fish
Pens andselling,
Fish Cages
exportation of corals
raw in processed form
o
The identity or personal
3. Such gathering, possession, selling, or
circumstances of the
export of corals is not for scientific or
possessor and/or owner
research purposes
Apprehension report with
inventory and seizure receipt
(FAO 202 s. 2000, Sec. 3)
To prove Element #2:
Receipts of samples taken

214

Penalties:

Where to file:

Imprisonment: 6 months
to 2 years and

Prosecutors
Office for the
criminal case

Fine: P2,000.00 to
20,000.00, or
Both at the discretion of
the court, and
Forfeiture of the subject
corals, including the
vessel and its proper
disposition.
The confiscated corals
should either be returned
to the sea of donated to
schools or museums for
educational or scientific
purposes or disposed

BFAR for the


administrative
case

3. Failure to Comply with Standards

Turn-over receipt of samples


taken for laboratory examination
Certification of BFAR or other
competent authority as to the
classification and condition of
the corals

through other means


(Section 91)

To proveareas
Elements #3:
4. Fishing in overexploited or fishery management
Certification from BFAR or other
competent authority that such
corals were not intended for
research or scientific purposes
Possible violation: Gathering and
Recommended evidence for
Penalties:
marketing of shell fishes (Sec. 103 (c),
Gathering and marketing of shell
RA
8550) without license or necessary permits
fishes
relation
to Collection
of
Fine:
P2,000.00 to
5. Fishing
orin
not
complying
with documentary
requirements
endangered and protected benthic P10,000.00 or
Elements:
marine life (such as Triton shells
and giant clams) and corals:
1. A person/entity takes, sells, transfers,
Imprisonment:1month
or has in possession for any purpose
and 1day to 6 months, or
2. Any shell fish which is
To prove Elements #1-2:
Affidavit indicating the act of
a. sexually mature, or
Both, upon the discretion
6. Intrusion
licensed
and unlicensed
fishersgathering
in municipal
collecting,
and waters of the court
b. of
below
the minimum
size, or commercial
marketing of shell fishes
c. above the maximum
Apprehension report with
quantities prescribed for the
Administrative fine: not
inventory
and seizure receipt
species.
more than P10,000.00 or
7. Marketingparticular
and buying
illegally-caught fish & fishery
species
Certificate of shell fishes
samples taken and turn-over
Cancellation of his permit
receipt for examination
or license, or
Certification duly issued by
BFAR or other competent
Both in the discretion of
authority that the samples are
the Secretary
(a) sexually mature, (b) below
minimum size or (c) above the
Impoundment by the
maximum quantities for the
Department with the

215

Where to file:
Prosecutors
Office for the
criminal case
BFAR for the
administrative
case

particular species

assistance of the
Philippine Coast Guard,
PNP-Maritime Command
- added to every penalty:
Forfeiture of the
proceeds of such offense
and the instruments or
tools with which it was
committed

B. Failure to Comply with Report Requirements

(Section 103)
Possible violation: Poaching in
Philippine waters (Sec. 87, RA 8550)

Recommended evidence for


Poaching in Philippine waters in
relation to Collection of
endangeredFish
and or
protected
C. Elements:
Illegal Fishing Activities and Dealing in Illegally-Caught
Fishery benthic
Products
marine life (such as Triton shells
1. Any foreign person, corporation or
entity
or operates
the fishing
1. Capture
offishes
breeders,
spawners,
eggs or fry and giant clams) and corals:
vessel
2. Such fishing activity or operation of
To prove Elements #1-2:
fishing vessel is conducted within
Affidavit of apprehending
Philippine waters
officer(s) indicating
o
The position/location
Prima facie act of poaching (FAO 200, S.
of the fishing vessel
2000)
showing
it is inside
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens
and Fish
Cagesthe
Philippine waters
1. Foreign fishing vessel enters the
including EEZ, internal
Philippine waters
waters or municipal
2. Such entry is accompanied by any of
waters
the following circumstances:
o
Actual fishing activity
a. Navigating with its fishing
or acts constituting
gear deployed and/or not
prima facie evidence
stowed
of poaching
b. Navigating with an irregular
o
That the vessel is not

216

Penalties:

Where to file:

Fine: US$100,000.00

Prosecutors
Office

Confiscation of catch,
fishing equipment and
fishing vessel
(Section 87)

BFAR for
administrative
charges

track or route
of Philippine
c. Navigating through Philippine
nationality
3. Failure to territorial
Comply with
Standards
waters
without prior
Copy of the vessel registration
notice to, clearance of, or
papers
permission from the
GPS reading of the location of
appropriate Philippine
the vessel and fishing activity
authority
Receipt of confiscated fish and
d. inNavigating
in a manner
thatmanagement
fishery
products and disposal
4. Fishing
overexploited
or fishery
areas
does not qualify as innocent
thereof, if any
passage nor navigating
Apprehension report with
outside traditional routes or in
inventory and seizure receipt
identified fishing grounds
Picture of the fishing vessel
e. Navigating without flying its
and/or receipt of impounded
national flag
fishing vessel
3. Or when foreign fishing vessel is found
within Philippine
waters and
is found permits
Note:orExclusive
Economic
Zone
5. Fishing
without license
or necessary
not complying
with
documentary requirements
f.
Lying-to or anchoring without
(EEZ) refers to the area from the
any valid reasons or
seaward edge of the state's territorial
circumstances that may
sea out to 200 nautical miles from its
indicate the existence of force coast. The term may include the
majeure, distress, or for
territorial sea and even the
purpose of rendering
continental shelf beyond the 2006. Intrusion of
licensedtoand
unlicensed
municipal
waters
assistance
persons,
ships commercial
mile limit.fishers
A state in
has
special rights
or any sea craft that is
over the exploration and use of
endangered or in distress
marine resources, including energy
g. Lying-to or anchoring at, or
production
water and wind in
7. Marketing and buying illegally-caught fish
& fisheryfrom
species
anchoring near to or within
the EEZ. (United Nations Convention
known fishing grounds or
on the Law of the Sea, 2011)
marine protected areas
4. Or when such foreign fishing vessel is
in possession of freshly caught fish on
deck or in storage, or corals, or
mollusks.

217

Possible violation: Fishing or taking of


rare, threatened or endangered species
(Sec. 97, RA 8550)

Recommended evidence for


Fishing or taking of rare,
threatened or endangered species
in relation to Collection of
endangered and protected benthic
marine life (such as Triton shells
and giant clams) and corals:

Elements:
1. A person/entity takes fish or fishery
species
2. Such fish or fishery species is rare,
threatened
or endangered
B. Failure
to Comply
with Report RequirementsTo prove Elements #1-3:
Affidavit of the apprehending
3. Such rare, threatened or endangered
officer(s) indicating
species is listed in the CITES and is
o
The identity and
determined by the Department as such
personal
circumstances of
the apprehended
person
o orThe
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish
Fishery Products
circumstances of
the act such as
1. Capture of breeders, spawners, eggs or fry
fishing and/or
taking
Positive identification and
certification by BFAR or duly
deputized officer of the species
as either rare, threatened or
endangered
and listed
under
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and
Fish Cages
CITES
Apprehension Report with
inventory and seizure receipt
Receipt of confiscated fish and
disposal thereof, if any

218

Penalties:

Where to file:

Imprisonment: 12 to 20
years and/or

Prosecutors
Office for
criminal charges

Fine: P120,000.00 and


Forfeiture of the catch,
and
Cancellation of fishing
permit
(Section 97)

BFAR for
administrative
charges

Possible violation: Killing and


destroying wildlife species (Sec. 27 (a),
3. Failure
RA
9147) to Comply with Standards

Recommended evidence for


Destroying wildlife species in
relation to Collection of
endangered and protected benthic
marine life (such as Triton shells
and giant clams) and corals:

Penalties:

Where to file:

Species listed as critical


Imprisonment: 6 years
and 1 day to 12 years
and/or
Fine: P100,000 to P1
million

Prosecutors
Office

Elements:
1. The wildlife species is killed and
destroyed by the violator
To proveareas
element #1:
4. Fishing in overexploited or fishery management
Note: There is no violation if the destruction
Affidavit showing the killing and
Endangered species
falls under any of the following:
destruction of the endangered
Imprisonment: 4 years
a. when it is done as part of the
and protected benthic marine
and 1 day to 6 years
religious rituals of established
life and corals
and/or
tribal groups or indigenous
Certification or issuance as to
Fine: P50,000 to
cultural communities;
the category of benthic marine
P500,000
b. when the wildlife is afflicted
life and corals
with anlicense
incurable
Photo
video of killed
5. Fishing without
or necessary permits
or notor
complying
withand
documentary requirements
Vulnerable species
communicable disease;
destroyed endangered and
Imprisonment: 2 years
c. when it is deemed necessary
protected benthic marine life
and 1 day to 4 years
to put an end to the misery
and corals
and/or
suffered by the wildlife;
Specimen of wildlife species
d. when it is done to prevent an
that was killed and destroyed (if Fine: P30,000 to
P300,000
imminent danger to the life or
available)
6. Intrusion of
licensed
and being;
unlicensed
fishers in report
municipal
limb
of a human
and commercial
Apprehension
with waters
Threatened species
e. when the wildlife is killed or
inventory and seizure receipt
Imprisonment: 1 year and
destroyed after it has been
1 day to 2 years and/or
used in authorized research
7. Marketing and buying illegally-caught fish & fishery species
Fine:P20,000 to
or experiments.
P200,000
Other wildlife species
Imprisonment: 6 months
and 1 day to 1 year
and/or
Fine: P10,000 to
P100,000

219

Forfeiture of all wildlife,


its derivatives or byproducts, and all
paraphernalia, tools and
conveyances used in
connection with violations
of the act.

B. Failure to Comply with Report Requirements

Deportation, without any


further proceedings, after
service of sentence and
payment of fines if
offender is an alien.

Fines prescribed to be
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products increased by at least
10% every three years

1. Capture of breeders, spawners, eggs or fry

(Section 28)

Possible violation: Collecting, hunting or


possessing of wildlife, their by-products
or derivatives (Sec. 27 (f), RA 9147)

Recommended Evidence for


Possession of wildlife, their byproducts or derivatives in relation
to Collection of endangered and
Elements:
protected
marine
2. Construction
and Operation of Fish Corrals/Traps,
Fishbenthic
Pens and
Fish life
Cages
1. There is collection, hunting or (such as Triton shells and giant
possession of wildlife, their by-products clams) and corals:
or derivatives
2. There is no permit for the possession of To prove element #1
Photo or video of endangered
wildlife, their by-products or derivatives
and protected benthic marine
life and corals
Affidavit of witness as to the
collection, hunting or

220

Penalties:

Where to file:

Species listed as critical


Imprisonment: 2 years
and 1 day to 4 years and
Fine: P30,000 to 300,000

Prosecutors
Office

Endangered species
Imprisonment: 1 year and
1 day to 2 years and
Fine: P20,000 to 200,000
Vulnerable species
Imprisonment: 6 months

possession of endangered and


protected benthic marine life
3. Failure to Comply with Standards
and corals
Apprehension report with
inventory and seizure receipt
Certification by BFAR or PCSD
whichever is appropriate as to
the areas
category of the endangered
4. Fishing in overexploited or fishery management
and protected benthic marine
life and corals
Specimen of the endangered
and protected benthic marine
life and corals (if available)

and 1 day to 1 year and


Fine: P10,000 to 100,000
Other threatened species
Imprisonment: 1 month
and 1 day to 6 months
and
Fine: P5,000 to 50,000
Other wildlife species
Imprisonment: 10 days to
1 month and
Fine: P1,000 to 5,000

Note: if act is committed


To prove element #2:
through
inappropriate
Certification
by BFAR
or documentary
PCSD
5. Fishing without license or necessary permits
or not complying
with
requirements
techniques and devices,
that no permit was issued for
maximum penalty will
the collection, hunting or
apply
possession of endangered and
protected benthic marine life
Forfeiture of all wildlife,
and corals
its derivatives or by6. Intrusion of licensed and unlicensed commercial fishers in municipal waters products, and all
paraphernalia, tools and
conveyances used in
connection with violations
7. Marketing and buying illegally-caught fish & fishery species
of the act.
Deportation, without any
further proceedings, after
service of sentence and
payment of fines if
offender is an alien.
Fines prescribed to be

221

increased by at least
10% every three years
(Section 28)
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
Possible
Fishing
or taking
of
Recommended evidence
Penalties:
Where to file:
B. Failure
to violation:
Comply with
Report
Requirements
rare, threatened or endangered species
for Fishing or taking of
(Sec. 97, RA 8550)
rare, threatened or
Imprisonment: 12 to 20 years Prosecutors
endangered species in
and/or
Office for criminal
Elements:
relation to Capturing
charges
and/or injuring
1. A person/entity takes fish or fishery
Fine: P120,000.00 and
endangered and
species
BFAR for
protected marine species, Forfeiture of the catch, and
2. Such fish or fishery species is rare,
administrative
includingFish
sea or
turtles,
or endangered
charges
C. Illegalthreatened
Fishing Activities
and Dealing in Illegally-Caught
Fishery Products
dugongs, whale sharks,
3. Such rare, threatened or endangered
Cancellation of fishing permit
manta rays, dolphins and
species
is listed in
the CITESeggs
and is
1. Capture
of breeders,
spawners,
or fry
whales:
determined by the Department as such
(Section 97)
To prove Elements #1-3:
Affidavit of the
apprehending officer(s)
indicating
o The
identity
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and
Fish Cages
and personal
circumstances
of the
apprehended
person
o The
circumstances
of the act such
as fishing

222

and/or taking
Positive identification
3. Failure to Comply with Standards
and certification by
BFAR or duly
deputized officer of the
marine species as
either rare, threatened
endangered and
4. Fishing in overexploited or fishery managementor
areas
listed under CITES
Apprehension Report
with inventory and
seizure receipt
Receipt of confiscated
marine species and
disposal thereof, if any
5. Fishing without license or necessary permits or not complying with documentary requirements
-

Possible violation: Ban on whale shark and Recommended evidence


Penalties:
manta rays (FAO 193, S. 1998)
for Ban on whale shark
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
and manta
rays
in relation waters
Imprisonment: 6 months to 4
Elements:
to Capturing and/or
years and/or
injuring endangered and
1. A person/entity
marine species, Fine: P500 to P5,000
a. Takes,
7. Marketing
and buying illegally-caught fish &protected
fishery species
including sea turtles,
b. Catches,
dugongs, whale sharks,
c. Sells,
Administrative fine: not more
manta rays, dolphins and
d. Purchases, or
than P5,000
whales:
e. Exports, or
f.
Accidentally catches
Cancellation of fishing
fishery species.
To prove Element #1:
permit/license
2. The fisheries species involved is whale
Affidavit of the
shark or manta ray
Confiscation of the catch
apprehending
3. Such species is in any state or form, dead
officer(s)/witness

223

Where to file:
Prosecutors
Office
BFAR for the
administrative
charges

or alive

B. Failure to Comply with Report Requirements

indicating that the


apprehended
person/suspect has
taken, caught, sold,
purchased, or
exported, or
accidentally caught
whale shark or manta
ray
Pictures of the whale
shark or manta ray

(FAO 193, S. 1998)

To prove Elements #2-3:


Positive identification
and certification by
BFAR or duly
deputized
officer
that Products
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or
Fishery
the species are whale
shark or manta ray,
1. Capture of breeders, spawners, eggs or fry
including its state or
condition when
confiscated
Other evidence:
Apprehension Report
with Pens
inventory
2. Construction and Operation of Fish Corrals/Traps, Fish
andand
Fish Cages
seizure receipt
Receipt of confiscated
fish and disposal
thereof, if any

224

Possible violation: Ban on dolphins,


whales and porpoises (FAO 185, S. 1992,
3. Failure
to by
Comply
with Standards
as
amended
FAO 185-1,
S. 1997)

Recommended evidence
Penalties:
for Ban on dolphins,
whales and porpoises in
Imprisonment: 6 months to 4
relation to Capturing
years and/or
Elements:
and/or injuring
endangered and
1. A person/entity is
Fine: P500 to P5,000
protected marine species,
a. Taking,
including
Catching, or fishery management
Administrative fine: not more
4. Fishing in b.
overexploited
areassea turtles,
dugongs, whale sharks,
c. Selling,
than P5,000
manta rays, dolphins and
d. Purchasing,
whales:
e. Possessing,
Cancellation of fishing
f.
Transporting, or
permit/license
g. Exporting,
To prove Elements #1-3:
fisheries species
Confiscation of the catch
Affidavit of the
2. The fisheries species involved is dolphin,
apprehending officer(s)
whale, without
or porpoises
(FAO 185 requirements
s. 1992)
taking,with documentary
5. Fishing
license or necessary permits or indicating
not complying
3. Such dolphin, whale, or porpoise is either
catching, selling,
dead or alive, or in any form whether raw
purchasing,
or processed
possessing,
transporting, or
exporting dolphins,
whales and porpoises
6. Intrusion of licensed and unlicensed commercial
fishersidentification
in municipal waters
Positive
and certification by
BFAR or duly
deputized
officer of the
7. Marketing and buying illegally-caught fish & fishery
species
species as either
dolphins, whales or
porpoises
Apprehension Report
with inventory and
seizure receipt
Receipt of confiscated
dolphins, whales or
porpoises, and

225

Where to file:
Prosecutors
Office
BFAR for
administrative
charges

disposal or release
thereof, if any
Possible violation: Poaching in Philippine
waters (Sec. 87, RA 8550)
Elements:
1. Any foreign person, corporation or entity
fishes
or operates
fishing
vessel
B. Failure
to Comply
withthe
Report
Requirements
2. Such fishing activity or operation of
fishing vessel is conducted within
Philippine waters
Prima facie act of poaching (FAO 200, S.
2000)

Recommended evidence
for Poaching in Philippine
waters in relation to
Capturing and/or injuring
endangered and
protected marine species,
including sea turtles,
dugongs, whale sharks,
manta rays, dolphins and
whales:

Penalties:

Where to file:

Fine: US$100,000.00

Prosecutors
Office

Confiscation of catch, fishing


equipment and fishing vessel
(Section 87)

To prove Elements #1-2:


Affidavit of
1. Foreign
fishing
vesseland
enters
the in Illegally-Caught
apprehending
officer(s)
C. Illegal
Fishing
Activities
Dealing
Fish or Fishery
Products
Philippine waters
indicating
2. Such
is accompanied
any or
of fry
the
o
The
1. Capture
of entry
breeders,
spawners,by
eggs
following circumstances:
position/locati
a. Navigating with its fishing gear
on of the
deployed and/or not stowed
fishing vessel
b. Navigating with an irregular
showing it is
track or route
inside the
c. Navigating through Philippine
Philippine
territorial
watersofwithout
prior
2. Construction and
Operation
Fish Corrals/Traps,
Fish Penswaters
and Fish Cages
notice to, clearance of, or
including
permission from the appropriate
EEZ, internal
Philippine authority
waters or
d. Navigating in a manner that
municipal
does not qualify as innocent
waters
passage nor navigating outside
o
Actual fishing
traditional routes or in identified
activity or
fishing grounds
acts
e. Navigating without flying its
constituting

226

BFAR for
administrative
charges

national flag
prima facie
3. Or when foreign fishing vessel is found
evidence of
3. Failure
Complywaters
with Standards
within to
Philippine
and is found
poaching
a. Lying-to or anchoring without
o
That the
any valid reasons or
vessel is not
circumstances that may indicate
of Philippine
the existence of force majeure,
nationality
or for purpose
of management
Copy
4. Fishing in distress,
overexploited
or fishery
areasof the vessel
rendering assistance to
registration papers
persons, ships or any sea craft
GPS reading of the
that is endangered or in distress
location of the vessel
b. Lying-to or anchoring at, or
and fishing activity
anchoring near to or within
Receipt of confiscated
known fishing grounds or
fish and fishery
marine protected areas
products and disposal
4.
Or when
such foreign
fishing
vessel is permits
in
if any with documentary requirements
5. Fishing
without
license
or necessary
or thereof,
not complying
possession of freshly caught fish on deck
Apprehension report
or in storage, or corals, or mollusks.
with inventory and
seizure receipt
Picture of the fishing
vessel and/or receipt of
impounded fishing
6. Intrusion of licensed and unlicensed commercialvessel
fishers in municipal waters
Note: Exclusive Economic
(EEZ)
refers to the
7. Marketing and buying illegally-caught fish &Zone
fishery
species
area from the seaward
edge of the state's territorial
sea out to 200 nautical
miles from its coast. The
term may include the
territorial sea and even the
continental shelf beyond the
200-mile limit. A state has
special rights over the

227

exploration and use of


marine resources, including
energy production from
water and wind in the EEZ.
(United Nations Convention
on the Law of the Sea,
2011)

B. Failure to Comply with Report Requirements


Possible violation: Importation or
exportation of fish or fishery species (Sec.
100, RA 8550)

Recommended evidence
Penalties:
for Importation or
exportation of fish or
Imprisonment: 8 years
fishery species in relation
Elements:
to Capturing and/or
Fine: P80,000.00 and
injuring endangered and
1. A person/entity engages in
protected marine species, Destruction of live fishery
a. Importation
includingFish
sea or
turtles,
b. Exportation
species or
C. Illegal Fishing
Activities and Dealing in Illegally-Caught
Fishery Products
dugongs, whale sharks,
2. Of fish or fishery species
manta rays, dolphins and
3. Such
or exportation
violates
Forfeiture of non-live fishery
1. Capture
of importation
breeders, spawners,
eggs
or fry
whales:
RA 8550
species in favor of the
department for its proper
disposition
To prove Elements #1-2:
Affidavit of the
apprehending officer(s) Ban from being members or
stock holders of companies
indicating
o
The
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cagescurrently engaged in
fisheries or companies to be
circumstance
created in the future, the
s of the act
guidelines for which shall be
such as
promulgated by the DA.
possession
and/or control
(Section 100)
for purposes
of exportation
or importation Note: Based on RA 9147,
among aquatic resources,
o
Taking of

228

Where to file:
Prosecutors
Office
BFAR for
administrative
cases

specimen
the DENR has jurisdiction
and issuance
over turtles and dugongs.
3. Failure to Comply with Standards
of receipt
The DENR Wildlife Law
therefor
Enforcement Manual of
Operations provides that
Certification from
confiscated wildlife species,
PAWB, BFAR, PCSD,
including turtles and
whichever is
dugongs, should be turned
that the
4. Fishing in overexploited or fishery managementappropriate,
areas
over to them.
species involved is
protected and
endangered marine
species
Certificate by PAWB,
BFAR, PCSD,
whichever is
of non5. Fishing without license or necessary permits or appropriate,
not complying
with documentary requirements
issuance of export or
import permit in favor
of the accused
Apprehension Report
with inventory and
seizure receipt
6. Intrusion of licensed and unlicensed commercial
fishersofinconfiscated
municipal waters
Receipt
endangered and
protected marine
species
and disposal
7. Marketing and buying illegally-caught fish & fishery
species
thereof, if any
Possible violation: Killing and destroying
wildlife species (Sec. 27 (a), RA 9147)
Elements:
1. The wildlife species is killed and
destroyed by the violator

Recommended evidence
for Destroying wildlife
species in relation to
Capturing and/or injuring
endangered and
protected marine species,
including sea turtles,

229

Penalties:

Where to file:

Species listed as critical


Imprisonment: 6 years and 1
day to 12 years and/or
Fine: P100,000 to P1 million
Endangered species

Prosecutors
Office

Note: There is no violation if the destruction


falls under any of the following:
a.

dugongs, whale sharks,


manta rays, dolphins and
whales:

Imprisonment: 4 years and 1


day to 6 years and/or
Fine: P50,000 to P500,000

when it is done as part of the religious


Vulnerable species
rituals of established tribal groups or
To prove element #1:
Affidavit showing the
Imprisonment: 2 years and 1
indigenous cultural communities;
killing and destruction
day to 4 years and/or
b. when the wildlife is afflicted with an
of the endangered and
Fine: P30,000 to P300,000
incurable communicable disease;
protected
marine
c.
when
it
is
deemed
necessary
to
put
an
B. Failure to Comply with Report Requirements
Threatened species
species
end to the misery suffered by the wildlife;
Imprisonment: 1 year and 1
Certification or
d. when it is done to prevent an imminent
day to 2 years and/or
issuance by BFAR,
danger to the life or limb of a human
Fine:P20,000 to P200,000
PAWB, or PCSD as to
being; and
the category of marine
e. when the wildlife is killed or destroyed
Other wildlife species
species
after it has been used in authorized
Imprisonment: 6 months and
Photo or video of killed
research or experiments.
1 day to 1 year and/or
and destroyed
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery Products
Fine: P10,000 to P100,000
endangered and
protected
marine
1. Capture of breeders, spawners, eggs or fry
Forfeiture of all wildlife, its
species
derivatives or by-products,
Specimen of marine
and all paraphernalia, tools
species that was killed
and conveyances used in
and destroyed (if
connection with violations of
available)
the act.
Apprehension report
with Pens
inventory
2. Construction and Operation of Fish Corrals/Traps, Fish
andand
Fish Cages
Deportation, without any
seizure receipt
further proceedings, after
service of sentence and
payment of fines if offender
is an alien.
Fines prescribed to be
increased by at least 10%
every three years

230

(Section 28)
3. Failure to Comply with Standards
Possible violation: Inflicting injury which
Recommended evidence
Penalties:
cripples and/or impairs the reproductive
for Inflicting injury which
system of wildlife species (Sec. 27 (b) , RA
cripples and/or impairs
Species listed as critical
9147)
the reproductive system
Imprisonment: 4 years and 1
of wildlife
day to 6 years and/or
4. Fishing in overexploited or fishery management
areasspecies in
Elements:
relation to Capturing
Fine: P50,000 to P500,000
and/or injuring
1. The wildlife species sustained injury
endangered and
Endangered species
inflicted by the violator
protected marine species, Imprisonment: 2 years and 1
2. The injury crippled and/or impaired the
including sea turtles,
day to 4 years and/or
reproductive system of the wildlife
dugongs, whale sharks,
Fine: P30,000 to 200,000
species
manta rays, dolphins and
whales:
Vulnerablerequirements
species
5. Fishing without license or necessary permits
or not complying with documentary
Imprisonment: 1 year and 1
day to 2 years and/or
To prove element #1 & 2:
Certification by BFAR,
Fine: P20,000 to 200,000
PAWB or PCSD or
Threatened species
Affidavit of
Imprisonment: 6 months and
veterinarian/expert
6. Intrusion of licensed and unlicensed commercialwitness
fishersstating
in municipal
1 day to 1 year and/or
that the waters
Fine: P10,000 to 50,000
endangered and
protected marine
Other wildlife species
species
sustained an
7. Marketing and buying illegally-caught fish & fishery
species
Imprisonment: 1 month to 6
injury that impaired its
months and/or
reproductive system
Certification or
Fine: P5,000 to 20,000
issuance by BFAR,
Forfeiture of all wildlife, its
PAWB or PCSD as to
derivatives or by-products,
category of
and all paraphernalia, tools
endangered and
and conveyances used in
protected marine
species
connection with violations of

231

Where to file:
Prosecutors
Office

Photo or video of
the act.
injured endangered
and protected marine
Deportation, without any
species
further proceedings, after
Affidavit of witness to
service of sentence and
show that the
payment of fines if offender
endangered and
is an alien.
protected marine
species sustained an
Fines prescribed to be
B. Failure to Comply with Report Requirements
injury as a result of an
increased by at least 10%
act by the offender
every three years
Specimen of
endangered and
(Section 28)
protected marine
species (if available)
Apprehension report
with inventory
and
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish or Fishery
Products
seizure receipt
-

1. Capture of breeders, spawners, eggs or fry


Possible violation: Collecting, hunting or
possessing of wildlife, their by-products or
derivatives (Sec. 27 (f), RA 9147)

Recommended evidence
Penalties:
for Possession of wildlife,
their by-products or
Species listed as critical
derivatives in relation to
Imprisonment: 2 years and 1
Elements:
Capturing and/or injuring
day to 4 years and
1. There is collection, hunting or possession endangered and
Fine: P30,000 to 300,000
protected
marine
of wildlife,and
their
by-products
or derivatives
2. Construction
Operation
of Fish
Corrals/Traps,
Fish Pens
andspecies,
Fish Cages
Endangered species
2. There is no permit for the possession of including sea turtles,
dugongs, whale sharks,
Imprisonment: 1 year and 1
wildlife, their by-products or derivatives
manta rays, dolphins and
day to 2 years and
whales:
Fine: P20,000 to 200,000
To prove element #1:
Photo or video of
endangered and
protected marine

232

Vulnerable species
Imprisonment: 6 months and
1 day to 1 year and
Fine: P10,000 to 100,000

Where to file:
Prosecutors
Office

species
Affidavit of witness as
Other threatened species
3. Failure to Comply with Standards
to the collection,
Imprisonment: 1 month and 1
hunting or possession
day to 6 months and
of endangered and
Fine: P5,000 to 50,000
protected marine
Other wildlife species
species
Imprisonment: 10 days to 1
Apprehension
report
4. Fishing in overexploited or fishery management
areas
month and
with inventory and
Fine: P1,000 to 5,000
seizure receipt
Certification by PAWB,
Note: if act is committed
BFAR or PCSD
through inappropriate
whichever is
techniques and devices,
appropriate as to the
maximum penalty will apply
category of the
andwith documentary requirements
5. Fishing without license or necessary permits or endangered
not complying
Forfeiture of all wildlife, its
protected marine
derivatives or by-products,
species
and all paraphernalia, tools
Specimen of the
and conveyances used in
endangered and
connection with violations of
protected marine
the act.
species (if available)
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Deportation, without any
To prove element #2:
further proceedings, after
Certification by PAWB,
BFAR or PCSD that no service of sentence and
7. Marketing and buying illegally-caught fish & fishery species
payment of fines if offender
permit was issued for
is an alien.
the collection, hunting
or possession of
Fines prescribed to be
endangered marine
increased by at least 10%
species
every three years
-

(Section 28)

233

Chapter 5. Procedural Rules


A. Rules of Criminal Procedure for Environmental Cases 19
1. PROSECUTION OF OFFENSE
a. How is a criminal action instituted?
B. Failure to Comply with Report Requirements
By filing of a complaint with the Office of the Prosecutor of the place where the crime is committed. 20

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


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

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


b. Who can file a complaint?
1. Capture of breeders, spawners, eggs or fry
Any offended party, peace officer or any public officer charged with the enforcement of an environmental law can file a complaint.21

The Wildlife Traffic Monitoring Unit Personnel, the BFAR law enforcement and regulatory
personnel, DENR Community Environment and Natural Resource Officers (CENRO),
Provincial Environment and Natural Resource Officers (PENRO), Deputized Environment
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
and Natural Resource Officers (DENRO), and deputized bantay dagat of the LGUs are some
of the public officers charged with the enforcement of environmental laws.
c. Can police officers and other law enforcement agents file a complaint for violation of environmental laws?
Yes, because they are included in the term any peace officer. 22

234

d. Can police officers directly file the complaints without involving other government agencies such as the DENR or BFAR?

3. Failure
tofile
Comply
withdirectly
Standards
Yes,
they can
the case
if technical consideration is not necessary to determine probable cause. However, in cases where
technical certifications are necessary, then the corresponding agency must be involved for the case to prosper.

Illegal logging cases and transport, possession and trading of wildlife species without the appropriate permit from the DENR are

of cases
where technical
certifications
by other
government agencies, aside from the law enforcement agencies, are needed.
4.examples
Fishing in
overexploited
or fishery
management
areas
On the other hand, possession of dynamite does not need the certification by the environmental agency but by the PNP or NBI crime
laboratory.
e. Can a complaint be filed directly with the court?
No.
complaint
for violation
law can
longer
be filedwith
directly
with the court.
It can only be filed with the concerned
5. A
Fishing
without
licenseoforenvironmental
necessary permits
orno
not
complying
documentary
requirements
Office of the Prosecutor. Only an information charging a person with a violation of an environmental law and subscribed by the
prosecutor can be filed with the court. 23
f. What accompanies the complaint when filed with the Office of the Prosecutor?
The following may accompany the complaint:
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
i. Letter Order/ Operation Order/ Travel Order, if any;
ii. Sworn statements in question and answer form of the arresting officers and witnesses;
7. Marketing and buying illegally-caught fish & fishery species
iii. Pictures a) logically showing the scene of the crime; b) the object of the offense, such as the illegal logs, wildlife, the
hazardous wastes or toxic substances; c) conveyance; d) tools and other paraphernalia used in the commission of the crime.
iv. If pictures are submitted, these shall be accompanied by sworn statements in question and answer form of a) the person
who took the photographs; b) by persons who were present when said pictures were taken; or c) by any competent persons
who can testify on the accuracy of the pictures. 24
v. Nautical map, if available;

235

vi. Seizure receipt.


vii. Inventory or tally sheet of the items seized.
viii. Turn over receipts, if any, to show the chain of custody of evidence.
ix. Endorsement letters, if any, turning over the case from arresting officers to the police investigators;
ix. Certifications from DENR, DA-BFAR or other concerned government regulatory offices on the issuance of the permits or
B. Failure to Comply with Report Requirements
the authenticity of the permits, if any were shown by the violators.
x. Apprehension report.
xi. Referral slip addressed to the concerned Office of the Prosecutor.
xii. Investigation Report from the DENR, DA-BFAR or other concerned government office, if applicable.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
g. Can government agencies be stopped from lawfully enforcing environmental laws?

1. Capture of breeders, spawners, eggs or fry


Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies
that enforce environmental laws. 25
h. Who is in charge of prosecuting environmental cases?
The Office of the Public Prosecutor is in charge of prosecuting environmental cases.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
i. Can private lawyers help in the prosecution of environmental cases even if there is no private offended party?
Yes. In criminal cases where there is no private offended party, a counsel whose services are offered by any person or organization
may be allowed by the court to appear as special prosecutor, with the consent of and subject to the control and supervision of the
public prosecutor. 26

236

2. ARREST

Comply with
Standards
a. 3.IsFailure
there atodifference
between
the procedure for arresting violators of environmental law and the procedure for arresting
offenders for ordinary crimes?
No. The procedure for arresting violators of environmental crimes is the same as the procedure for arresting violators for ordinary
crimes.
4. Fishing in overexploited or fishery management areas
b. How are duly deputized environmental law enforcers protected when effecting arrest?
Individuals deputized by the proper government agency enjoy the presumption of regularity in the performance of official duty, when
effecting arrests for violations of environmental laws. 27 Examples of proper government agency are the DENR, BFAR and the municipal
LGUs. After undergoing law enforcement trainings, they deputize individuals to be law enforcement officers. DENR deputizes
individuals to be Deputized Environment and Natural Resources Officers (DENRO) or Wildlife Enforcement Officers (WEO). BFAR
deputizes individuals to become fish wardens. Finally, municipal LGUs deputize individuals to be bantay gubat or bantay dagat in the
5. Fishing
without
licensearea
or necessary
permits or not complying with documentary requirements
areas
covered
by the LGUs
of jurisdiction.
3. CUSTODY AND DISPOSITION OF SEIZED ITEMS
a. What rules govern the custody and disposition of seized items, equipment, paraphernalia, conveyances and instruments
during
the pendency
of the
case
in court?commercial fishers in municipal waters
6. Intrusion
of licensed
and
unlicensed
If there are rules promulgated by the concerned government agency in the custody and disposition of seized items, these rules shall
govern. 28 An example of this is DENR Administrative Order No. 97-32 otherwise known as the Rules for the Administrative Adjudication
Marketing
buying
fish & fishery
species
of 7.
Illegal
Forest and
Products
andillegally-caught
the Machinery, Equipment,
Tools
and Conveyances Used in Connection Therewith.
b. If no rule is promulgated by the concerned government agency, how should the custody and disposition be done?
The following procedure shall be observed:

237

i. The apprehending officer having initial custody of the seized items shall conduct the inventory and whenever practicable,
photograph the same in the presence of the person from whom such items were seized.
ii. If the seizure is by virtue of a search warrant, the apprehending officer shall submit the return to the issuing court within five (5)
days from date of seizure. Return of the search warrant is the report by the law enforcement officer to the court on what s/he has
done on the said warrant which s/he was required to serve or execute. Was s/he able to serve or execute the same? If so, when
and how was s/he able to do it? If the law enforcement officer is not able to serve or execute the warrant, the return must include
an explanation or reason for the failure of the service or execution.

B. Failure to Comply with Report Requirements


If the seizure is pursuant to a lawful warrantless search (see Chapter 5.C.2.b) the apprehending officer shall submit within five (5)
days from date of seizure the inventory report and other pertinent documents to the public prosecutor for appropriate action.
iii. The court may cause the public auction of seized items upon motion by any interested party and after proper notice and
publication.
iv. The proceeds shall be deposited with the government depository bank for disposition according to the judgment. 29
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
BAIL of breeders, spawners, eggs or fry
1. 4.
Capture
a. Is right to bail available for the accused under these Rules?
Yes. Accused for violation of environmental laws can file bail. He may file bail in the court where the case is pending. In case of
absence or unavailability of the judge in the said court, accused may file bail with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the province, city or municipality.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
If the accused is arrested in a province, city or municipality other than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or municipal
circuit trial judge of the province, city or municipality where the accused is arrested. If the court grants bail, the court may issue a holddeparture order in appropriate cases. 30
b. What are the special conditions for the grant of bail by the court other than that which issued the warrant of arrest under
the New Rules of Procedure for Environmental Cases? 31
i. Before the grant of bail, the judge must read the information in a language known to and understood by the accused;

238

ii. The judge shall require the accused to sign a written undertaking, which contains the following:

3. Failure
Comply
withwill
Standards
toThat
accused
appear during arraignment and whenever required by the court;

That if accused fails to appear without justification, to waive the reading of the information, to authorize the court to enter
a plea of not guilty in his behalf and for the court to proceed with the trial in absentia. 32
5. 4.ARRAIGNMENT
AND PLEA
Fishing in overexploited
or fishery management areas
What is the role of the concerned government agency in plea bargaining?
Unlike in ordinary cases, the presence and consent of concerned government agency is required in plea bargaining for environmental
cases. 33

5. Fishing without license or necessary permits or not complying with documentary requirements
6. PRE-TRIAL
a. What are the next steps after the accused is arraigned?
The next steps after arraignment are: pre-trial, trial and judgment.

Intrusion
of licensed and unlicensed commercial fishers in municipal waters
b.6.
What
is pre-trial?
Pre-trial conference is a procedural device used prior to trial to narrow issues to be tried, to secure stipulation as to matters and
evidence
to be heard,
and toillegally-caught
take all other steps
aid in the disposition of the case.34
7. Marketing
and buying
fishnecessary
& fisheryto
species
c. When should the pre-trial be scheduled?
Pre-trial is scheduled within thirty (30) days after arraignment. 35
d. What happens during pre-trial?
The following happens during the pre-trial:

239

i. Identification of issues
ii. Marking of evidence to be presented as exhibits
iii. Comparison of copies attached to the records with the original documents
iv. Stipulation of facts and admissions
v. Settlement of the civil aspect of the case
vi. Other matters that may aid in the prompt disposition of the case
e. What is the role of the law enforcer during pre-trial?

B. Failure to Comply with Report Requirements


The law enforcer should be present during pre-trial and assist in the identification and marking of sworn statements and other exhibits.
He/she should also inform the prosecutor on matters related to stipulation of facts and admissions.
7. TRIAL
a. How long will the trial on environmental cases be held?
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre36
1. trial
Capture
breeders, spawners, eggs or fry
order.of
b. What happens during the trial proper?
During the trial, the prosecutor presents the evidence and testimonies to prove the guilt of the accused. The defense, on the other
hand, present evidence and testimonies to show that the accused is not guilty of the offense charged.

2. c.
Construction
and Operation
Fish Corrals/Traps,
Pens
Fish Cages
How is the testimony
of theofwitnesses
presented Fish
during
theand
trial?
Unlike in ordinary criminal cases, the testimonies of the witnesses are presented in the form of judicial affidavits. Thereafter, the
opposing party is allowed to cross-examine the witness based on the contents of the affidavit. 37
d. How long should the direct and cross-examination of a witness be conducted?
Except for justifiable reasons, the direct and cross-examination of each witness must be conducted in one (1) day. 38

240

e. What is the importance of this rule to witnesses?

3. Failure
to Comply
with Standards
This
rule expedites
the process,
saves time and additional costs to witnesses. It likewise minimizes stress on the part of the witnesses.
f. When should the court decide on the case?
The court shall decide the case within a period of ten (10) months from the date of arraignment. 39

4. Fishing in overexploited or fishery management areas


8. STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES
a. What protection is provided by the rules for law enforcers subjected to harassment suit?
The rules adopted the concept and remedy known as Strategic Lawsuit Against Public Participation (SLAPP). This refers to an action
filed with the intent to harass, vex, exert undue pressure upon the law enforcer for his acts of enforcing environmental laws or
40 or necessary permits or not complying with documentary requirements
5. Fishing
license
protecting
thewithout
environment.
b. How do you apply the remedy against the SLAPP suit?
Upon the filing of an information in court and before arraignment, the accused may file a motion to dismiss on the ground that the
criminal action is a SLAPP.

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


As a result of the filing of the defense of SLAPP, the proceedings on the main case is deferred. The court is required to rule on the
defense of SLAPP.
The
court must rule
the defense
of SLAPP fish
within
(60)
days.
7. Marketing
and on
buying
illegally-caught
& sixty
fishery
species
9. EVIDENCE/ DOCUMENTARY EVIDENCE
a. How are photographs, videos and similar evidence being made admissible in court?
Photographs, videos and similar evidence may be made admissible in court when authenticated by:

241

i. the person who took the same;


ii. by some other person present when said evidence was taken; or
iii. by any other person competent to testify on the accuracy thereof. 41
b. How is authentication done?
Authentication is done by executing a sworn statement, in question and answer, regarding the circumstances surrounding the taking of
the photographs, videos and similar evidence and attesting to the accuracy of the same.

B. Failure to Comply with Report Requirements


B. Basic Rights of the Accused
It is important that our environmental law enforcers are aware of the constitutionally recognized rights of the accused. This is to ensure
that no human rights are violated by our law enforcers. The following are the basic rights of the accused: 42
1. Right to due process of law. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
C.be
Illegal
Fishing
Activities
andofDealing
in43Illegally-Caught
or following
Fishery Products
Under this right Fish
are the
rights:
denied
the equal
protection
the laws.

1. a.
Capture
of breeders,
spawners,
eggs
or fryis proved beyond reasonable doubt.
To be presumed
innocent
until the
contrary
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the
judgment.

2. d.
Construction
Operation
Fish
Corrals/Traps,
Fish
Pens and Fish Cages
To testify as and
a witness
in his of
own
behalf
but subject to
cross-examination
on matters covered by direct examination. His silence shall
not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial.
g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.

242

h. To have speedy, impartial and public trial.

3. Failure to Comply with Standards


2. Right against unreasonable search and seizure. The right of the people to be secured in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. 44
3. Right to free access to courts. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
45
Fishing
or fishery
management areas

to 4.
any
personinbyoverexploited
reason of poverty.
4. Right of person under investigation. 46 Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel. 47
a. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
5. Fishing
without
license
or necessary
permits
or notsimilar
complying
with
documentary
requirements
Secret
detention
places,
solitary,
incommunicado,
or other
forms of
detention
are prohibited.
b. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against
him.
5. Right to bail. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
law. 48
6. Right to trial. No person shall be held to answer for a criminal offense without due process of law. 49
7. Marketing and buying illegally-caught fish & fishery species
7. Right against self incrimination. No person shall be compelled to be a witness against himself. 50
8. Right against excessive fines. Excessive fines shall not be imposed. 51
9. Right against double jeopardy. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act. 52

243

10. Right to speedy disposition of cases. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. 53

C. Arrest, Search, Seizure and Detention


1. Arrest

B. Failure to Comply with Report Requirements


a. Definition of Arrest. It is the taking of persons into custody in order that they may be bound to answer for the commission of an
offense. It is done through an actual restraint of persons to be arrested, or by their submission to the custody of the person making the
arrest.
b. Two ways by which to arrest perpetrators of a crime
i. By lawful warrantless arrest; and
ii. By arrest
with warrant
C. Illegal Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products

1. c.
Capture
of breeders,
eggs orarrest
fry is allowed
Circumstances
underspawners,
which warrantless
i. When in the presence of the law enforcers, the persons to be arrested have committed, are committing or will commit a
crime.
ii. When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
2. Construction
and Operation
Fish Corrals/Traps,
Pens and Fish
circumstances
that theofpersons
to be arrestedFish
has committed
it. Cages
d. Steps in warrantless arrest
i. Approach the persons and ask them to stop. If needed, freeze or restrain the suspects. Employ necessary force if needed.
ii. Introduce yourself and show proper authorization.
iii. Ask for the appropriate license or permit.

244

iv. Verify if such license or permit is authentic or legal.

3. Failure
to Comply
with Standards
v. Arrest
the person
if probable cause exists.
vi. Make a manifestation of authority to the persons just arrested and tell them the reason of their arrest.
vii. Conduct thorough search on the body of the persons arrested and the immediate vicinity in which the person may gain
possession
of a weapon,
in somemanagement
way effect anareas
escape, or destroy or hide evidence.
4. Fishing
in overexploited
or fishery
viii. Seize the weapons or the evidence that may be found as a result of the above search.
ix. Tag or label the items that are seized and enter their names and descriptions in the seizure receipt.
x. Comply with the rule on Miranda rights, as follows:

5. Fishing without
license or necessary
permits
not
complying
with
documentary
requirements
- Apprehending
officer must
informorthe
person
arrested,
using
the language
known to and understood by him, of the
reason for the arrest.
- Apprehending officer must likewise use the same language for other warning, information or communication made
to the person arrested;

6. Intrusion of licensed
and unlicensed
commercial
municipal
- Apprehending
officer must
inform thefishers
person in
arrested
that: waters
* he has a right to remain silent and that any statement he makes may be used as evidence against him;
7. Marketing and buying* illegally-caught
& fishery
he has the rightfish
to be
assistedspecies
at all times and have the presence of an independent and competent
lawyer, preferably of his own choice;
*if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer
may also be engaged by any person in his behalf, or may be appointed by the court upon petition of the
person arrested or one acting in his behalf;
* no custodial investigation in any form shall be conducted except in the presence of his counsel or after a
valid waiver has been made;
* at any time, he has the right to communicate or confer by the most expedient means telephone, radio,
letter or messenger with his lawyer (either retained or appointed), any member of his immediate family,

245

or any medical doctor, priest or minister chosen by him or by any one from his immediate family or by his
counsel, or be visited by/confer with duly accredited national or international non-government organization.
* he has the right to waive any of said rights provided it is made voluntarily, knowingly and intelligently and
ensure that he understood the same;
* if he waives his right to a lawyer, this must be done in writing AND in the presence of counsel, otherwise,
the waiver is void even if he insist on his waiver and chooses to speak;
* he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
with warning that once he makes such indication, the police may not interrogate him if the same had not
yet commenced, or the interrogation must ceased if it has already begun;
B. Failure to Comply with Report Requirements
* his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from
invoking it at any time during the process, regardless of whether he may have answered some questions
or volunteered some statements;
* any statement or evidence obtained in violation of any of the foregoing, in whole or in part, shall be
inadmissible in evidence. 54
xi. Bring the person arrested to the nearest governemnt hospital or health center for physical and medical examination;
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
xii. Turn-over the accused to the nearest police station for temporary confinement;

1. Capture of breeders, spawners, eggs or fry


xiii. Cause the recording of the arrest and the surrounding circumstances to police blotter and ask for a copy thereof.
xiv. Immediately arrange for an inquest proceeding before the Office of the Prosecutor.
xv. Prepare the SWORN STATEMENTs of the witnesses and apprehending officers and the APPREHENSION REPORT,
together with the supporting documents and other evidence.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
e. Remedy for law enforcer if warrantless arrest is not effected
i. Conduct further investigation of the offense committed for case build-up;
ii. Prepare the necessary documentations such as the affidavits of witnesses as to the identity of the perpetrators, the crime
they committed and the circumstances under which the offense was committed.
iii. Prepare affidavit complaint;

246

iv. File the complaint with the provincial or city prosecutor of the place where the crime has been committed;

3. Failure
Comply
Standardsinvestigation.
v. to
Prepare
for with
the preliminary
vi. If the prosecutor finds that there is probable cause, s/he will file the information to the court.
vii. The complainant, through the prosecutor, can then move for the issuance of the warrant of arrest.

4. Fishing in overexploited or fishery management areas


viii. Serve or cause the service of the warrant of arrest
f. Steps in the service of warrant of arrest
i.Seek proper entry, if necessary, into the building, office, residence, etc.
ii. Introduce yourself and show proper authorization.
5. Fishing without license or necessary permits or not complying with documentary requirements
iii. If refused entry, apprehending officer may break into any building, office, residence, etc. where the person to be arrested is
or is reasonably believed to be, after announcing his authority and purpose.
iv. Make a manifestation of authority to the person to be arrested and tell him the reason of his arrest and the fact that a
warrant has been issued, except when he flees or forcibly resists before the officer has opportunity to so inform him or when
the giving of such information will imperil the arrest.
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
v. Secure the person to be arrested.
vi. Comply with the rule on Miranda rights. (see the procedure in warrantless arrest)
7. Marketing and buying illegally-caught fish & fishery species
vii. The officer need not have the copy of the warrant in his possession at the time of arrest. But after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
viii. Conduct thorough search and seizure in accordance with the rules on search and seizure as setforth herein.
ix. Tag or label the items that are seized and enter them in the seizure receipt.

247

x. Turn-over the accused to the nearest police station or appropriate law enforcement agency (i.e. CIDG, PNP, NBI, etc.), for
investigatory detention.
xi. Prepare Return of Warrant within 10 days and submit to the Court which issued the same.
2. Search and Seizure

B.a.Failure
to Comply
with
Report
Requirements
Two instances
when
search
is legal:
i. lawful warrantless search
ii. search with warrant
b. Instances allowed under lawful warrantless search
i. Search as an incident to a lawful arrest. The requisites for this kind of arrest are:
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Arrest must be lawful;
1. Capture of breeders,
eggs or fry
It spawners,
must be contemporaneous
with the arrest in both time and place; and
It must be within the vicinity of the peson arrested, immediate control, which is the evidence of the offense or
weapon
ii. Seizure of evidence in plain view. The elements for this doctrine are:
A prior of
valid
intrusion
based onFish
the valid
arrest in which the police are legally present in the pursuit
2. Construction andOperation
Fish
Corrals/Traps,
Penswarrantless
and Fish Cages
of their official duties;

The evidence was inadvertently discovered by the police who had the right to be where they are;

The evidence must be immediately apparent; and

Plain view justified mere seizure of evidence without further search; 55


iii. Search of a moving vehicle. Persons duly commissioned to enforce tariff and customs laws have the authority to stop and
search moving vehicles and seize goods suspected to have been introduced in the country in violation of the customs laws. 56

248

Seizures of fishing vessels and boats breaching our fishery laws are allowed. These vessels are normally powered by highspeed motors that enable them to elude arresting ships of the Philippine Navy, the Coast Guard and other government
3. Failure
to Comply
with Standards
authorities
enforcing
our fishery laws. 57
By analogy, seizures of moving vehicles transporting logs which are breaching our forestry laws are allowed.
iv. Consented warrantless search. In case of consented searches without warrant or waiver of the constitutional guarantee
4. Fishing in overexploited or fishery management areas
against obstrusive searches, it is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) that
the person involved had knowledge, either actual or constructive, of the existence of such right; and (3) the said person had
an actual intention to relinquish the right. 58
v. Customs search. Tariff and Customs Code allows police authorities to enter, pass through or search any land, enclosure,
warehouse, store or building, not being a dwelling house; and also to inspect, search and examine any vessel or aircraft and
any trunk, package, box or envelope or any person on board[;]or stop and search and examine any vehicle, beast or person
suspected
holdingor
ornecessary
conveying any
dutiable
or prohibited
article
into requirements
the Philippines contrary to law. 59
5. Fishing
withoutoflicense
permits
or not
complying
with introduced
documentary
vi. Stop and frisk. A police officer may after properly introducing himself and making initial inquiries, approach and restrain a
person manifesting unusual and suspicious conduct, in order to check, the latters outer clothing for possibly concealed
weapons. 60
vii. Exigent and emergency circumstances 61 Those circumstances that would cause a reasonable person to believe that entry
(or other
relevant and
prompt
action) was
necessaryfishers
to prevent
physical harm
to the officers or other persons, the destruction of
6. Intrusion
of licensed
unlicensed
commercial
in municipal
waters
relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement
efforts. 62

7. Marketing
and buying illegally-caught fish & fishery species
viii. Checkpoints
ix. Republic Act No. 9497 or An Act Creating the Civil Aviation Authority of the Philippines, requiring inspections or
checks in airports.

body

c. Search with warrant


i. Search warrant defined. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. 63
A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. 64

249

ii. Steps in serving a search warrant


Seek proper entry into the building, office, residence, etc.
If refused admittance, officer may break open any outer or inner door or window of a house or any part of a
house, or anything therein to execute the warrant, after giving notice of purpose and authority.

Upon entry, inform the occupants-owners of the purpose of the search and show the copy of the search
warrant.

Search of the house, room or any other premises shall be made in the presence of the lawful occupants or any
member
his family or in the absence thereof, two witnesses of sufficient age and discretion residing in the
B. Failure to Comply with
Reportof
Requirements
same locality.

Seize the items indicated in the search warrant.

Prepare seizure receipt and give copy to the lawful occupant or any member of his family. If both were absent,
leave a seizure receipt in the presence of the two witnesses residing in the same locality. Receipt must be
place in the place where the law enforcers found the seized items.

If arrest of person is necessary, follow the procedure on arrest without arrest warrant.

Turn over custody over the apprehended person to the nearest police station.
C. Illegal Fishing Activities
and Dealing
in Illegally-Caught
Fish

Prepare
the necessary
documentation
to or
fileFishery
case, if Products
there is none yet, against the person apprehended.(see
protocol on arrest)
1. Capture of breeders,
eggs or over
fry the seized items to appropriate offices (wildlife: DENR/BFAR rescue center) ensuring
spawners,
Turn over custody
that the turn over is covered by proper turn-over receipt.

Return the search warrant to the judge who issued the same pursuant to the Rules (Sec. 12 Rule 126). 65
Coordinate with the judge regarding turnover and deposit of the evidence seized during the conduct of the
search.

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
3. Custody and safekeeping of confiscated items
a. Who has the primary responsibility for the custody and safekeeping of the confiscated items?
Legally it is the apprehending officer who confiscated the items. This is so because these confiscated items are his/her evidence to the
case that he/she filed as a result of the apprehensions.
b. What options does the apprehending officer have if it is not feasible to bring the confiscated items to the place where s/he is holding
office?

250

i. The confiscated items may be placed under the custody of the nearest local public official such as the Barangay Captain,
Municipal/City Mayor, Provincial Governor or the Philippine National Police. Said custody must be duly acknowledged and
3. Failure
to Comply
with
Standards
receipted
by the
official
taking custody;
ii. The Office of the apprehending officer may enter into a memorandum of agreement with government offices that have
spacious facilities for the custody and safekeeping of the confiscated items. Each turn over of custody must be duly
acknowledged and receipted.

4. Fishing in overexploited or fishery management areas


iii. If the first two options fail, the apprehending officer may convert the object evidence to documentary evidence, through
photodocumentation, and opt not to confiscate the items.
4. Detention, Inquest and Preliminary Investigation
a. What must the law enforcer do after a warrantless arrest?
5. Fishing without license or necessary permits or not complying with documentary requirements

After a valid warrantless arrest, the apprehending officer must deliver the arrested person to the nearest police station or jail. 66
Thereafter, the former must prepare and file the affidavit complaint, together with the supporting documents to the prosecutor of the
place where the crime was committed for inquest.
b. Is there a legal fee for filing the criminal complaint for violation of any environmental law with the Office of the Prosecutor?

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


No. There is no legal fee. Indigent litigants, the Republic of the Philippines, its agencies and instrumentalities other than government
owned and controlled corporation, are exempted from the payment of legal fees.
c. 7.
What
is inquest?
Marketing
and buying illegally-caught fish & fishery species
Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court. 67
d. Who are the inquest officers?

251

Inquest officers are the prosecutors assigned by the City or Provincial Prosecutor to inquest duties. If there is only one Prosecutor in
the area, said Prosecutor shall be the one to conduct all inquest cases in the said area for his appropriate action. 68
e. When and where shall inquest officers conduct their duties?
Unless otherwise directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge their function during the
hours of their designated assignments and only at the police station/headquarters of the Philippine National Police in order to execute
and facilitate the disposition of inquest cases. 69

B. Failure to Comply with Report Requirements


f. When shall an inquest proceeding considered commenced?
The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforcement authorities of
the complaint/referral documents which should include:
i. the affidavit of arrest;
ii. the investigation report;
iii. the statement
theDealing
complainant
and witnesses; Fish
and or Fishery Products
C. Illegal Fishing
Activitiesof
and
in Illegally-Caught
iv. other supporting evidence gathered by the law enforcer in the course of the latters investigation of the criminal incident.

1. Capture of breeders, spawners, eggs or fry


The inquest Officer shall as far as practicable, cause the affidavit of arrest and statement/affidavits of the complainant and the
witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. The inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended. 70
g. What are the periods prescribed under Article 125 of the Revised Penal Code?
are:
2. These
Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
i. 12 hours for offenses punishable by light offenses;
ii. 18 hours for offenses punishable by correctional penalties; and
iii. 36 hours for offenses punishable by afflictive or capital penalties. 71

252

h. Are there circumstances that can justify extension of the above periods for the filing of the information after the inquest proceedings?

3. Failure
Comply
with Standards
Yes.
These to
are
circumstances
that are beyond the control of the apprehending officers, such as distance from the place of
apprehension to the nearest police station where an inquest prosecutor may be stationed or to the latters office, lack of transportation
and inclement weather,
i. Is presence of the detained person required during inquest?

4. Fishing in overexploited or fishery management areas


Yes. Presence of the detained person who is under custody shall be ensured during the proceedings. However, said presence may be
dispensed with in any of the following cases:
i. if he is confined in a hospital;
ii. if he is detained in a place under maximum security;
iii. if production of the detained person will involve security risk, or
iv. if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
5. Fishing without license or necessary permits or not complying with documentary requirements
The absence of the detained person by reason of any of the above must be noted by the Inquest Officer and reflected in the record of
the case. 72
j. What is the initial duty of the inquest officer?
The inquest officer must first determine if the arrest of the detained person was made in accordance with the provisions of Rule 113,
6. Intrusion
and of
unlicensed
commercial
fishers
in municipal
waters
Section
5 (a) &of
(b)licensed
of the Rules
Court, which
provides the
conditions
under which
a warrantless arrest lawful, namely:
i. When, in the presence of the apprehending officer, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
7. Marketing and buying illegally-caught fish & fishery species
ii. When an offense has just been committed, and the apprehending officer has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
For this purpose, the inquest officer may summarily examine the apprehending officers on the circumstances surrounding the arrest. 73
k. What happens if arrest is properly effected?

253

If the inquest officer finds that the arrest was properly effected, the detained person should be asked if he desires to avail of a
preliminary investigation. If so, the detained person must execute a waiver of the provisions of Article 125 RPC as amended, which
provides the allowed period for temporary confinement. The waiver must be done with the assistance of a lawyer, or a responsible
person of his choice.
The preliminary investigation may be conducted by the inquest officer himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor, which investigation shall be terminated within fifteen days (15) days from its
inception. 74

B. Failure to Comply with Report Requirements


l. What happens if the detained person does not opt for a preliminary investigation or refuses to execute a waiver?
If the detained person does not opt for a preliminary investigation or refuses to execute a waiver, the inquest officer shall proceed with
the inquest by examining the sworn statements/affidavits of the complainant and the witness and other supporting evidence submitted
to him.
If necessary, the inquest officer may require the presence of the complainant and witnesses and subject them to an informal and
investigation
or examination
forinpurposes
of determining
theFishery
existence
of probable cause. 75
C.summary
Illegal Fishing
Activities
and Dealing
Illegally-Caught
Fish or
Products
When of
is there
a probable
cause?
1. m.
Capture
breeders,
spawners,
eggs or fry
There is a probable cause when the evidence submitted to the inquest officers engenders a well-founded belief that a crime has been
committed and that the arrested or detained person is probably guilty thereof. 76
n. What happens if there is a finding of probable cause by the inquest officer?
there is a finding
probable of
cause,
inquest officer
shall
prepare
the corresponding
information with the recommendation that the
2. IfConstruction
and of
Operation
Fish the
Corrals/Traps,
Fish
Pens
and Fish
Cages
same be filed in court. The information shall indicate the offense committed and the amount of bail recommended, if bailable.
The record of the case, together with the prepared information shall be forwarded to the City or Provincial Prosecutor for appropriate
action.
The information may be filed by the inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor. 77

254

o. What is Preliminary Investigation?

3. Failure to Comply with Standards


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

4. Fishing in overexploited or fishery management areas


For environmental cases, a preliminary investigation is required to be conducted before the filing of an information for violation of an
environmental law. 79
It is not required in cases of warrantless arrests, as long as an inquest has been conducted, as outlined above. 80
q. Who are the officers authorized to conduct preliminary investigations?
5. Fishing without license or necessary permits or not complying with documentary requirements
The following may conduct preliminary investigations:
(i)
(ii)

Provincial or City Prosecutors and their assistants;


National and Regional State Prosecutors 81

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


r. What are the basic steps in preliminary investigation?
The basic steps in preliminary investigation are:
7. Marketing and buying illegally-caught fish & fishery species
i. Filing of the Complaint-Affidavit before the Provincial/City Prosecutor where the offense was committed. 82
ii. Issuance of subpoena by the investigating prosecutor to the respondent.
iii. Filing of Counter-Affidavit by the respondent.
iv. If needed, conduct of hearing.
v. Resolution. 83

255

D. Investigation, Documentation and Evidence Gathering


1. Investigation defined.
It is the process of gathering evidence and information on a particular event or subject matter.
2. Investigators must know the 5w and 1h

B. Failure to Comply with Report Requirements


a.what
b. who
c. when
d, where
e. why
f. how
C.3.Illegal
Fishing Activities
Documentation
defined.and Dealing in Illegally-Caught Fish or Fishery Products
1. The
Capture
of breeders,
spawners,
or fry occurrences, statements and narration of witnesses, proofs, processes and results of
process
of recording
events, eggs
unexpected
investigation. It is also an act of processing the information and data gathered that can be used in court.
4. Examples of documentation
a. taking of pictures or video
84
audio tape recording
2. b.
Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
c. execution of sworn statements
d. note taking
e. collation of documents
f. report writing
5. Evidence
a. Definition. Evidence refers to everything that is used to determine or demonstrate the truth an assertion.

256

b. Admissibility of Evidence

3. Failure
to Comply with Standards
i. Competent
ii. Relevant to the issue at hand
c. Competent evidence refers to those that are not excluded by laws or the Rules of Court.
d. 4.
Examples
evidence
Fishing of
in incompetent
overexploited
or fishery management areas
i. Product of illegal search
ii. Admission by the accused made without the presence of counsel or as a result of torture.
iii. Failure to inform the accused of his/her Miranda Rights
iv. Hearsay evidence
e. Kinds of Evidence
5. Fishing without license or necessary permits or not complying with documentary requirements
i. Object Evidence those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be
exhibited to, examined or viewed by the court (fishing net, fish, fishing vessel, mangrove area)
ii. Documentary evidence. Documents as evidence consist of writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of their contents.
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
iii. Testimonial Evidence evidence submitted to the court through the testimony or deposition of a witness (testimony of
witnesses).

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


For witnesses, we have expert witnesses and ordinary witnesses. Examples of expert witnesses in environmental cases are accredited
fish examiners to identify dynamited fish, forestry scalers of the DENR, veterinarians of the PAWB, Environmental Management
Specialist of the EMB assigned in the respective pollution division offices of the region.

257

Chapter 6. Cases
To illustrate how illegal and destructive activities in the coastal and marine environment may be properly documented in preparation for
case filing as prohibited acts, applying the appropriate procedural rules, this section provides hypothetical cases for the reference of the
law enforcer.
A. Access to Foreshore Areas
B. Failure to Comply with Report Requirements
1. Obstruction to the use and enjoyment of foreshore areas
Mayamang Balikbayan bought a beach property. He began to build a concrete wall, closing the foreshore area immediately adjacent to
his property for the exclusive use of his guests and visitors. The fisherfolk organization members were prohibited from passing through
the foreshore land to go to their boats and were prevented from docking in front of the beach property. They went to the barangay
captain to report the activities. The barangay captain called a meeting, but Mayamang Balikbayan did not attend.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
The fisherfolk organization members submitted a complaint on the matter with the CENRO, who in turn, conducted an investigation and
a report
to the
RED with eggs
recommendation
to issue a cease and desist order (CDO) and to file a case in court for the issuance
1. submitted
Capture of
breeders,
spawners,
or fry
of a demolition order for violation of Section 51 of PD 1067 or overstaying or building structures in easement areas. The RED followed
the recommendation, issued a CDO, and filed a petition to demolish the structure with prayer that the Sheriff, with the assistance of
DENR, LGU, and the PNP, execute the demolition order. Attached to their petition were affidavits of witnesses regarding the
construction of the concrete wall, that they were prohibited from passing through the foreshore and from docking boats at the area;
certification from the CENRO that the construction was within 20 meters along the margin of the shore, and photographs or video of the
construction.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
The Court granted the petition.
Who would enforce the order? The Sheriff, with the assistance of the DENR, LGU and the PNP.

258

Note: In similar cases, the community may also file in the proper court a Petition for Environmental Protection Order with prayer for a
Temporary Environmental Protection Order (TEPO) using the Rules on Environmental Procedure. In this case, the Sheriff, with the
3. Failureoftothe
Comply
assistance
DENR,with
LGUStandards
and the PNP may execute the Order.
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
4. Fishing in overexploited or fishery management areas
In the above case, Mayamang Balikbayan also reclaimed a portion of the foreshore area and constructed a jetty for his guests with
speedboats.
Upon inquiring with the DENR, a fisherfolk organization found out that he does not have an ECC.
They filed a complaint with the Regional office of the EMB for violation of Section 4, PD 1586 or undertaking a project without an ECC.
They attached to the complaint a photograph or video showing that Mayamang Balikbayan reclaimed and constructed a jetty along the
5. Fishing
without report
license
necessary
permits
or not complying
with
documentary
requirements
foreshore,
CENROs
onor
the
reclamation
and construction
activities,
affidavit
of witnesses,
and certification from EMB on the lack
of ECC.
What shall EMB do?
1) Conduct investigation. If positive for violation, impose appropriate penalties such as fines.
2)6.
Determine
other
violations
committed,
such as pollution.
file PAB case.
Intrusionifof
licensed
andare
unlicensed
commercial
fishers Ifinso,
municipal
waters
B. Failure to Comply with Report Requirements
7. Marketing and buying illegally-caught fish & fishery species
An enforcer found out that an oil refinery is discharging its effluents directly into a nearby creek leading to Batangas Bay. To find out if
the company has a discharge permit and is complying with DENR standards, he went to the EMB Regional Office for this information.
He found out that the company indeed had a discharge permit but could not check its compliance with DENR standards because it is
not submitting regular reports.
Was there a violation?

259

Yes, there was a violation of Sec. 27(m) of RA 9275 on refusal or failure to submit reports whenever required by the Department in
accordance with the Clean Water Act.
What should he do?
1.
2.

Enforcer should file a complaint with the Regional Director of the EMB IV-A.
Regional Director must direct conduct of investigation. Upon positive determination of violation, RD should file PAB case. The
complaint to be filed with the PAB must be accompanied by the recommended evidence for the violation in Chapter 4 of this
Manual.
3. Upon order by the PAB on the commission of the offense, impose and collect proper fines.
B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of breeders, spawners, eggs or fry
During a preventive seaborne operation, BFAR fishery law enforcers chanced upon a vessel doing fishing activity. They informed the
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
captain that he will board the vessel to conduct routine inspection. While doing so, they saw a fish that turned out to be Sabalo,
weighing around 10 kilos. When asked what he will do with the Sabalo, the captain informed the enforcers that it will be for his familys
1. consumption.
Capture of breeders,
spawners,
eggs orinformed
fry
Unconvinced,
the enforcers
the captain that he was violating Section 98 of RA 8550. They did the following:
1. Apprehended the captain and informed him of his Miranda rights.
2. Conducted search, inventory and seizure of the Sabalo and items used in the commission of the offense.
3. Labeled the Sabalo for turnover to BFAR laboratory for proper identification.
4. Prepared seizure receipt for the seized items and provided a copy to the captain.
5. Took photographs of the Sabalo, other seized items, the captain and his ship.
6. Brought the ship to the nearest port and the captain to the nearest police station for safekeeping
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
7. Prepared the necessary documents such as
a. Affidavit of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
i. the identity and personal circumstances of the apprehended captain,
ii. circumstances of possession, and
iii. the positive identification by the enforcers that such fish is a Sabalo.
8. Turned over the confiscated Sabalo to the BFAR laboratory for proper identification and issuance of appropriate certification.
9.
Asked BFAR laboratory for a turnover receipt of the Sabalo.
10. Turned over the custody of the confiscated ship to the custodian officer of the BFAR storage facility and asked for a turnover
receipt.

260

11. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared and
secured for case filing
3. Failure
to complaint
Comply with
Standards
12. Filed
before
BFAR for the revocation of license of the fishing boat/vessel with the above documents attached
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

in overexploited
or the
fishery
areas
At4.a Fishing
regular inspection
activity of
Taskmanagement
Force ABBA in
Lingayen Gulf, they noticed a group of fish cages that seemed to be outside
the designated mariculture zones of Bolinao, Pangasinan. They took photographs of the fish cages, showing reference points indicating
the relative location of the fish cages. They immediately notified the Municipal Agriculture Office (MAO) regarding the presence of the
cages. A follow-up joint investigation by the MAO technicians and the Fishery Law Enforcer Team (FLET) revealed that the cages were
indeed outside the authorized mariculture zone. They secured certification from the MAO that the fish cages were outside the
mariculture zone and that these are operating without license from the LGU. Based on this, they filed a petition before the Office of the
Mayor to demolish the cages for violating Section 103 (e) of RA 8550 or Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cages. They attached the following to the petition: Affidavit of the Task Force ABBA members indicating the operation of the
5. cages,
Fishinginvestigation
without license
necessary
permits
or not
complying with documentary requirements
fish
report,orand
certification
from the
MAO.
The law enforcers also filed a criminal complaint for violation of Section 103 (e) of RA 8550 or Construction and Operation of Fish
Corrals/Traps, Fish Pens and Fish Cages against the fish cage operators with the Office of the Prosecutor with the same attachments
to their complaint.

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


3. Failure to Comply with Standards
In Municipality A, small fishermen have been complaining of serious depletion of their fishery resources because of the proliferation of
7. Marketing and buying illegally-caught fish & fishery species
bagnets or taksay. Because of this, the Bantay Dagat decided to apprehend the bagnets for commercial fishing in municipal waters in
municipal waters. One of the apprehended fishing vessels was manned by a crew of 15 unlicensed persons. When asked how long
they have been employed by the fishing vessel, they informed the apprehending officer that they have been employed for six months
already. Aside from commercial fishing in municipal waters, the bagnet also violated Section 104 of RA 8550 or Commercial Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. Pursuantly, the enforcers filed a complaint with the Office
ofthe Prosecutor against the operator of the vessel for employing fishworkers without license.
The complaint was accompanied by the following:

261

1. Affidavit of apprehending officer indicating that


a. at the time of apprehension, persons who were later found out to be unlicensed were employed as fish workers or
crew, and
b. that the apprehending team asked for their licenses but none could be presented,
2. Investigation report by the apprehending officers or investigating team,
3. Inventory of crew by the apprehending officers or investigating team and
4. Certification from the LGU that no license has been issued in the name of the alleged unlicensed fishworkers.
Fishing
overexploited
or fishery
management areas
B.4.Failure
to in
Comply
with Report
Requirements
BFAR declared a closed fishing season for sardines in the waters of Zamboanga del Norte from December 1 to March 1, 2012 during
its spawning season. During the seaborne operation by Siocon Bantay Dagat, they spotted a commercial fishing boat using a
commercial ringnet for fishing. The ringnet is already being hauled back into the boat full of sardines. The law enforcers approached the
commercial fishing vessel in accordance with the boarding procedure and determined its position using GPS. Once established that
they are within the area declared as closed season, the enforcers informed them of the intention to arrest them for violating Sec. 95,
R.A. 8550.The law enforcers did the following:
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Apprehended the violators and informed them of their Miranda rights.
1. Capture
of breeders,
spawners,
eggstagging
or fry and seizure of the fish catch, equipment and paraphernalia used in the commission of
2. Conducted
search,
inventory,
the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the captain.
4. Took photographs of the seized items, the violators and the ship.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
b. apprehension report indicating:
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
7. Disposed of the confiscated fish to the municipal jail and asked for a Receipt of Distributed Confiscated Fish
8. Turned over the custody of the boat, equipment and paraphernalia to the LGU custodian officer for impoundment and asked
for a turnover receipt.
9. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared for
case filing.

262

5. Fishing without license or necessary permits or not complying with documentary requirements

to Comply
with Standards
On3.aFailure
cold morning
of October
11, 2011, at around 5:00 in the morning, members of Fishery Law Enforcement Team (FLET), acted
upon the information that several persons from Danao are catching fry in the territorial jurisdiction of Carmen. Equipped with the
necessary Mission Order issued by the Mayor, the FLET proceeded to Brgy. Poblacion and there they saw three persons in the act of
gathering prawn fry and bangus fingerlings. After making necessary introductions, the FLET members asked the fishermen for a
license or permit to gather fry and fingerlings. Failing to show any, the FLET informed them of violating Section 86, par 1 of R.A. 8550.
The
law enforcers
did the following:
4. Fishing
in overexploited
or fishery management areas
1.
2.

Apprehended the violators and informed them of their Miranda rights.


Conducted search, inventory, tagging and seizure of the fry and fingerlings, equipment and paraphernalia used in the
commission of the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the violators.
4. Took photographs of the seized items, and the violators.
5. Brought the apprehended persons to the nearest police station for safekeeping.
5. Fishing
without
or necessary
6. Prepared
thelicense
necessary
documentspermits
such asor not complying with documentary requirements
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
c. Certification from the MAO that the violators are not listed in the Fisherfolk Registry of Carmen and that they have
no permit to gather fry and fingerlings
6. Intrusion
of licensed
unlicensed
commercial
in fingerlings
municipal waters
7. Turned
over the and
custody
over the
confiscatedfishers
fry and
to the Office of the Municipal Agriculturist for proper
disposition, and asked for a Turnover Receipt
8. Turned over the custody over equipment and paraphernalia to the LGU custodian officer for impoundment and asked for a
turnover
receipt.
7. Marketing
and
buying illegally-caught fish & fishery species
9. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared for
case filing.
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
The municipal FLET spotted a commercial fishing vessel in the act of fishing within the fifteen kilometer radius of the municipal waters
of Bantayog. There is no municipal ordinance allowing small and medium commercial fishing vessel to fish within the 10.01 to 15
kilometers. They approached the vessel and announced their intention to board after making proper introduction as fishery law

263

enforcers. They took photographs of the operation. After boarding, they asked for the vessel registration while determining using a GPS
the exact location of the vessel. They found out that the gross tonnage of the vessel is more than 3 gross tons and it is within 12
kilometers from the shoreline. They then proceeded to apprehend the top three highest officers of the boat after informing them that
they violated Section 86, in relation to Section 18, RA 8550. The law enforcers did the following:
1.
2.

Informed the violators of their Miranda rights.


Conducted search, inventory, tagging and seizure of the fish, equipment and paraphernalia used in the commission of the
offense.
3. to
Prepared
receiptRequirements
for the seized items and provided a copy to the violators.
B. Failure
Complyseizure
with Report
4. Took photographs of the seized items, vessel, and the violators.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
C. Illegal Fishing
Dealing
in Illegally-Caught
Fish
or Fishery
Products
c. Activities
Copy of and
the boat
registration
or certification
issued
by MARINA/PCG/LGU
as to its gross tonnage
7. Turned over the custody over the equipment, paraphernalia and vessel to the LGU custodian officer for impoundment and
for a turnover
receipt.
1. Capture asked
of breeders,
spawners,
eggs or fry
8. Turned over the confiscated fish to the municipal jail or charitable institution and asked for a Receipt of Distributed
Confiscated Fish
9. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared for
case filing.
7. Marketing and buying illegally-caught fish & fishery species
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
An inter-agency task force, with a fish examiner as one of its members, conducted market denial operation at Dalahican port. They
went around and looked at fish being sold. They declared an inspection of a group of fish crates at the port. They conducted random
sampling on the crates. Upon fish examination, twenty crates were found positive for dynamited fish. They then informed the owner of
the fish, Mr. Palakaya, of the result of the fish exam and that they would apprehend him for violating Section 88, paragraph 4 of RA
8550 or possession, dealing in, selling or in any manner disposing of illegally-caught fish. The law enforcers did the following:
1.
2.
3.

Apprehended and informed the violator of his Miranda rights.


Furnished him with a copy of the Scientific Examination Report of the dynamited fish.
Conducted inventory, tagging and seizure of the twenty crates of dynamited fish used in the commission of the offense.

264

4. Prepared seizure receipt for the seized items and provided a copy to the violator.
5. Took photographs of the seized items, the violator and the fish examination conducted.
3. Failure
to Comply
Standards
6. Took
samples with
of the
dynamited fish from the twenty crates and properly labeled these and issued Receipt of fish samples
taken for examination to the violator
7. Brought the apprehended person to the nearest police station for safekeeping.
8. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
apprehension
indicating:
4. Fishing inb.overexploited
or report
fishery
management areas
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
c. Certification by the fish examiner that the fish is caught with the use of explosives
9. Turned over the confiscated fish to the Lucena City jail and asked for a Receipt of Distributed Confiscated Fish
10. Brought the violator to the prosecutor for inquest proceedings and for submission of the documents they prepared for case
filing

Fishing
withoutcyanide,
license or
necessary
or not
complying
with documentary
requirements
8. 5.
Use
of dynamite,
fine
mesh netpermits
and other
forms
of destructive
fishing
Based on the information that Fisherman X was using fine mesh net, fishery law enforcement officers of Municipality Z put him under
surveillance. One night, when Fisherman X went seaward to fish, the law enforcers informed him that they will board the latters boat as
part of their regular monitoring activities. On the boat, the law enforcers found a fine mesh net. The law enforcers informed him that he
is violating Section 89 of RA 8550, then apprehended Fisherman X and brought him to the nearest police station for safekeeping. They
also
measuredofthe
mesh size
found out
they are only
2 cm.
diameter.waters
They then proceeded to confiscate and inventory the
6. Intrusion
licensed
and and
unlicensed
commercial
fishers
in in
municipal
fishing equipment and paraphernalia and issued a confiscation receipt to Fisherman X and also impoundment receipt for the vessel.
They turned over the boat and other confiscated items to the LGU for safekeeping. They prepared affidavits of witnesses and
photographs of the operation and attached these to the complaint which they filed with the Office of the Prosecutor when they brought
the7.apprehended
persons
forillegally-caught
inquest proceedings.
Marketing and
buying
fish & fishery species
While the documentary requirements were complete, nevertheless, the complaint was dismissed by the prosecutor because there was
no violation committed.
Why? To constitute fishing with the use of fine mesh net, the net must have been lowered and used in actual fishing. In this case the
net is not in use because it is still in the vessel.

265

D. Mangrove Destruction
Juan cleared mangroves to make way for the implementation of his newly-issued Fishpond Lease Agreement (FLA) with the Bureau of
Fisheries and Aquatic (BFAR). It was witnessed by residents of nearby communities that Juan cleared the mangroves and built dikes
around the area to control the flow of water into the area. Conscious of the potential violation being committed by Juan, Ronel, one of
the witnesses, took pictures of the clearings and dikes and submitted these to the DENR and BFAR with the request to conduct an
ocular inspection. Upon joint inspection by the DENR and BFAR, they found out that a mangrove area has indeed been cleared of
mangroves, and they also found witnesses saying that they saw Juan clearing the swamp and constructing dikes. The composite team
the following:
B.did
Failure
to Comply with Report Requirements
1. Gathered and documented evidence for case building such as:
a. Affidavits of witnesses (DENR and members of the community),
b. Location map of the area, and
c. Inventory the number of mangroves cut
d. Pictures
2. BFAR prepared and executed a complaint-affidavit with the Prosecutors Office against Juan for mangrove conversion and
filed another complaint with its office against Juan for violating FLA conditions which provides that no mangrove shall be cut
C. Illegal Fishing
Activities
in the leased
area.and Dealing in Illegally-Caught Fish or Fishery Products

1. E.
Capture
Miningof& breeders,
Quarryingspawners, eggs or fry
1. Illegal upland mining
The barangay captain of Barangay Y, Palanas, Camarines Norte received a report that there are many small-scale miners operating in
the upland areas of his barangay. The gold ore extracted from the mines are being sold to one small-scale miner who has a permit. The
captain
took
photographs
of the
small-scale mining
activities
the trucks transporting the ore from the area.
2. barangay
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Pens
and and
FishofCages
The barangay captain reported the matter to the Mines and Geosciences Bureau (MGB) of Region V and requested that an
investigation be conducted. The MGB conducted an investigation of the area. The investigation report showed that extraction of gold
ore were being conducted by many small-scale miners without any permit, and that this violates Section 103 of RA 7942 or Theft of
Minerals. The MGB issued a Cease- and- Desist Order to stop the mining operations and did the following:
1.
2.

Conducted investigation to determine identity of violators, specific acts performed in violation of the Mining Act, and witnesses
Prepared the necessary documents for case filing:
a. Investigation Report on the extraction and disposition of minerals

266

b. Photo or video showing the extraction and disposition of minerals


c. Photo or video of minerals/mineral products, including the tools, equipment and conveyance used in the commission
3. Failure to Comply
Standards
of thewith
offense
d. Sample of minerals
e. Results/certification of kind and volume of mineral
f.
MGB Certification as to the lack of mining agreement, lease, permit, license
g. Affidavits of witnesses showing extraction and delivery of minerals by the violator/s to the small-scale permit holder
3. Prepared
complaint-affidavit
withmanagement
the above documents
4. Fishing
in overexploited
or fishery
areas as attachments and filed the same with the Office of the Prosecutor.
Note: The MGB also has the option to coordinate with the NBI to conduct the investigation in determining identity of the violators
and specific acts performed. Considering the result of the investigation, either the MGB or the NBI can file the complaint-affidavit
with the Office of the Prosecutor.
2. Offshore mining
5. Fishing without license or necessary permits or not complying with documentary requirements
A group of fishermen of Lingayen Gulf filed a petition to the Municipal Mayor to stop a ship from siphoning sand from from the seabed
located around 200 meters seaward from the mean low tide because it makes the water murky, making it difficult for them to fish. The
Mayor conducted a fact-finding mission to investigate the case. The team took pictures of the ship siphoning the sand, recorded the
location of the ship using a GPS, and took the affidavits of the fishermen who saw the activity. Based on the findings of the
investigation, the Mayor, in behalf of the municipal government, filed a complaint against the ship owner, operators and crew with the
Prosecutors
for violating
Section 15 ofcommercial
DAO 2010-21
in relation
to Section
110 (Other violations) of RA 7942.
6. IntrusionOffice
of licensed
and unlicensed
fishers
in municipal
waters
3. Onshore mining
7. Marketing and buying illegally-caught fish & fishery species
One day, a group of officials from Barangay X noticed trucks loaded with black sand passing through their barangay road. When they
investigated, they discovered that the black sand came from the beach. At the beach, they saw heavy equipment extracting and loading
black sand onto waiting trucks. Upon further investigation, they found out that the sand are being brought to adjacent Barangay Ys
beach where temporary structures have been put up for separating magnetite from the sand. They saw a huge mound of black sand
beside the temporary structure. Further in the horizon of the second barangays beach, they saw a cargo ship apparently waiting for the
magnetite to be loaded into it. They took photographs of the scenes at the Barangays X and Y and attached these to a letter of request
addressed to the MGB and EMB to conduct an investigation. The joint EMB and MGB investigation report revealed that the extraction,
processing and transport activities are without permits and ECC. The EMB and the MGB issued Cease-and-Desist Orders and filed a

267

complaint with the Office of the Prosecutor for violation of Section 179, DAO 2010-21 in relation to Sec. 110 of RA 7942 and Beach
Quarrying under BP 265, attaching the Recommended evidence for the violation in Chapter 4 of this Manual.
4. Quarrying
Marilyn, the barangay captain of Piris complained against Mang Tinos extraction of sand from the beach of her barangay. Mang Tino
contended that he had a permit from the Provincial Mining Regulatory Board (PMRB). Doubting the authenticity of Tinos permit,
to PMRB
to Report
inquire ifRequirements
a permit was indeed issued for the quarry activity. PMRB denied issuing such permit knowing fully
B.Marilyn
Failurewent
to Comply
with
that beach quarrying is prohibited under Section 1 of Batas Pambansa Blg. 265. With this knowledge, Marilyn then proceeded to do the
following:
1. Prepared the necessary documents for case filing:
a. Photo or video showing the extraction of minerals
b. Photo or video of the extracted beach sand, including the tools, equipment and conveyance used in the commission
of the offense
c. Sample of the beach sand
C. Illegal Fishing
and Dealingofinthe
Illegally-Caught
or Fishery Products
d. Activities
Results/certification
kind of materialFish
extracted
e. PMRB Certification as to the lack of quarrying permit
1. Capture of breeders,
spawners,
eggs orshowing
fry
f.
Affidavits
of witnesses
extraction
2. Caused the preparation of the complaint-affidavit with the above documents as attachments and filed the same with the Office
of the Prosecutor.
F. NIPAS Protected Area Violations

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
The twin reefs of Miling and Minay in the Gulf of Ragay were declared as Protected Seascape. A delineation survey was conducted
with the aid of the NAMRIA and the boundary of the protected area was marked with buoys. One day, PA law enforcers saw at least
three fishermen on board a motorized banca cruising within the boundaries of the PA. The law enforcers took pictures of the incident,
waited for the motorized banca to leave the PA, and signaled for the three fishermen to stop. The PA law enforcers then inquired if the
fishermen had a permit to use a motorized banca within the PA. When the fishermen said no, the law enforcers informed them that they
violated Sec. 20(c) of RA 7586. They then proceeded to do the following:
1.

Apprehended and informed the violators of their Miranda rights.

268

2.

Brought the boat to shore and conducted inventory, tagging and seizure of the boat, its engine and other equipment, tools and
paraphernalia used in the commission of the offense.
3. Failure
to Comply
with
Standards
3. Prepared
seizure
receipt
for the seized items and provided a copy to the violators.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the Municipal Police Station of Buenas Suerte for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b.
apprehension
indicating:
4. Fishing in overexploited
or report
fishery
management areas
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
c. Certification from the PAMB or PaSu that said motorized equipment use is without permission
7. Turned over custody over the confiscated items to the custodian officer of the Office of the PASu and asked for a Turnover
Receipt.
8. Brought the violators to the prosecutor for inquest proceedings and submitted the documents they prepared for case filing

5. Fishing without license or necessary permits or not complying with documentary requirements
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
The members of BFARs Quick Response Team (QRT) are on board the MCS vessel in the vicinity of Masinloc, Zambales as part of
their regular monitoring activities. The MCS vessel went near a commercial fishing vessel identified as F/B Panatag to conduct
regulatory inspection. The QRT notified the crew of the F/B Panatag of their intent to board but the fishing vessel sped away. The MCS
vessel
chased of
and
caught up
F/B Panatag
after thirtyfishers
minutes.
The QRT members,
6. Intrusion
licensed
andwith
unlicensed
commercial
in municipal
waters again, notified the fishing vessel of their intent
to board. After boarding the vessel, they introduced themselves and showed their identification/authority. The boat master was
informed of his violation of Section 106 of the Fisheries Code (obstruction to fishery law enforcement officer) and proceeded to do the
following:
7. Marketing and buying illegally-caught fish & fishery species
1. Apprehended and informed the boat master of his Miranda rights.
2. Brought the F/B Panatag to Masinloc port and conducted inventory, tagging and seizure of the vessel, equipment,
paraphernalia and other tools used in the commission of the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the violator.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the nearest police station for safekeeping.
6. Prepared the necessary documents such as
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:

269

7.
8.
9.

i. the identity and personal circumstances of the violators,


ii. circumstances of the illegal act
iii. Certification by the BFAR that the fishery law enforcement officer is in the performance of his duties
Turned over custody of the confiscated items to the custodian officer of the nearest BFAR storage facility and asked for a
Turnover Receipt.
Brought the violators to the prosecutor for inquest proceedings and submitted the documents they prepared for case filing
Submitted a complaint and report with the BFAR and the MARINA for the cancellation of the license of the fishing boat and
the cancellation of the license of the master fisherman

B. Failure to Comply with Report Requirements


H. Upland Deforestation
A portion of a coastal town X was declared by the Department of Environment and Natural Resources (DENR) as critical habitat
because of its rich biodersity. This area, measuring around 1,000 hectares, covers a picturesque plateau with a steep ridge leading to a
pristine coastal area below. Unfortunately, a developer that has been granted a permit prior to the DENR declaration, started
developing the area for its clients. The developer cleared the area of its century-old and other secondary-growth trees to give way to its
new landscape design. There was no opposition until such time that the silt from the bulldozed and denuded area started being washed
C.downstream,
Illegal Fishing
Activities
and Dealing
in corals
Illegally-Caught
Fish
ormarine
Fishery
Products
covering
the seagrasses
and
in the coastal
and
area
below the ridge.

1. Seeing
Capturethe
of destruction
breeders, spawners,
or fry
caused by eggs
the development,
the deputized Bantay Dagat of coastal town X filed a complaint for violation of
Sections 102 & 4(4), RA 8550 before the trial court alleging aquatic pollution and praying, among others, for an Environmental
Protection Order. They did the following:
1.

Prepared photo or video showing that deforestation was undertaken in the uplands, development activities and grubbed
portion of the mountain, underwater photographs depicting silted corals and seagrasses
2. Prepared affidavits of witnesses on the same,
2. Construction
andcertification
Operation from
of Fish
Corrals/Traps,
Fish Pens and Fish Cages
3. Secured
BFAR
that:
a. There were destroyed seagrasses and corals
b. Said destruction was due to the siltation caused by the upland deforestation
c. Said destruction is considered a deleterious effect that harms living and non-living aquatic resources and hinders
aquatic activities
4. Executed complaint-affidavit, attached the above documents and filed the same with the Office of the Prosecutor.
The court issued a Temporary Environmental Protection Order (TEPO) while hearing the case for aquatic pollution due to upland
deforestation.

270

I. Water Pollution

Failure toorComply
with
Standards
1. 3.
Discharge
dumping
and/or
transport of pollutants
Fastfood McBee contracted out the disposal and treatment of used cooking oil to Treater Linis. Treater Linis, to save on cost, loaded
drums filled with the used cooking oil on a truck and directly dumped these into a canal leading to a nearby creek. Barangay Tanods
saw the actual dumping of the contents of one of the drums, and took photos and video of the same. The Tanods then approached the
4. Fishing
overexploited
fishery
management
violators
and in
told
them to stop. or
The
following
transpired: areas
1.
2.
3.
4.
5.

The Tanods held the driver and personnel of Treater Linis at the site and brought them to the Barangay Hall,
They instructed the truck driver to bring the truck with its contents to the Barangay Hall,
They took the names and addresses of the violators and Treater Linis,
They notified the Barangay Captain, who in turn, notified the nearest EMB Office,
While waiting for the EMB, they marked and labelled the drums, conducted inventory and found out that: there were a total of
40 drums, 20 were filled up and 20 were empty,
5. Fishing
without
or necessary
or took
not complying
documentary
6. Upon
arrivallicense
of the EMB
personnel,permits
the EMB
samples of with
the liquid
from the requirements
filled-up containers, in the presence of the
Tanods and the violators,
7. The Tanods also took photos of the:
a. people composing the sampling team,
b. violators,
c. the conveyances and tools used for dumping (trucks, containers, etc.),
every step
the sampling
process. fishers in municipal waters
6. Intrusion d.
of licensed
andofunlicensed
commercial
8. The EMB took the samples for analysis and identification,
9. The Barangay Tanods prepared the following documents:
a. Joint affidavit as to the discharge or deposit of the cooking oil and the location of the discharge;
the EMB laboratory
and Certification by the EMB that the used cooking oil could cause water
7. Marketingb.andResults
buyingofillegally-caught
fish examination
& fishery species
pollution,
10. The Barangay Tanods and the Barangay Captain filed a complaint before the Regional Director of EMB against Treater Linis
for violation of Section 27 (a) of RA 9275 or discharge of material that causes pollution or obstructs natural flow. They
attached the joint affidavit, pictures, video and EMB laboratory results and certification to the complaint as evidence.
Notes:
1.
2.

This case may also be filed with the PAB at the DENR Central Office.
The violators were later on discharged because the violation committed is purely administrative or civil.

271

2. Failure to clean-up pollution


An oil barge ran aground and spilled oil into an area, affecting coral reef in the said area. The affected LGU took pictures of the area
immediately right after the incident. The LGU coordinated with the Philippine Coast Guard (PCG) to gather evidence on the site. The
same LGU filed an administrative complaint with the Pollution Adjudication Board (PAB) against the oil barge. The PAB found the oil
barge guilty and ordered it to rehabilitate the area. However, after several months, the oil barge operator still failed to undertake cleanup operations and comply with the PAB order, despite repeated follow-ups by the EMB.
LGUtoand
the PCG
again
tookRequirements
pictures of and samples at the site. The LGU and the PCG filed a complaint with the Office of the
B.The
Failure
Comply
with
Report
Prosecutor against the Barge Owner and/or Operator for violation of Section 28, paragraph 2 of RA 9275 or failure to undertake clean
up operations and Section 28 (c) of RA 9275 or Blatant disregard of PAB orders. The following were attached to the complaint:
1. Photos of the site,
2. The test result of the samples,
3. Copy of the original PAB order duly received by the oil barge operator and/or owner to clean up the site, and
4. PAB resolution recommending the filing of criminal charges against the Barge Owner and/or Operator.

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


3. Illegal discharge of mine tailings
1. Capture of breeders, spawners, eggs or fry
Mining company X operates in the upland area of Mahangin Ranges for gold. It constructed a processing plant to extract gold from the
rocks. It discharges its yellow-colored mine tailings directly to a river that snakes from the plant site down to the beach identified as
breeding ground of pawikan,and therefore declared a critical habitat. One of the residents took a picture of the discharge and attached
it to a letter complaint to the DENR-EMB. The EMB immediately conducted ocular inspection and validation in the area by taking
samples of water, plants and mine tailings and submitted this to laboratory tests. Witnesses have also told the EMB that recently they
found dead marine wildlife, particularly sea turtles in the area. The DENR issued a notice of violation but despite receipt of such order,
2. Company
Construction
and Operation
Fish
Corrals/Traps,
X continued
dumpingoftheir
tailings
to the river.Fish Pens and Fish Cages
The EMB filed a case against Company X for violating Section 27(c)(i) of RA 9147 or dumping of waste products in critical areas
detrimental to wildlife. They attached the following to their complaint: investigation report of the EMB personnel as to the dumping done,
photographs of the site, results/certification of laboratory examination of waste products and its effect to pawikans, affidavits of expert
witnesses as to the detrimental effect of the mine tailings, pictures of dead sea turtles, and a Certification by the DENR-PAWB or
issuance that the place is designated as a critical habitat.

272

J. Wildlife Violations

Failure toofComply
with Standards
1. 3.
Collection
endangered
and protected benthic marine life (such as Triton shells and giant clams) and corals
In the morning of July 30, 2004, a member of Task Force Masigasig, a provincial inter-agency task force in Camarines Sur Province,
received information from a tipster that coral sands and coral rubbles are being unloaded from a small ship in Pasacao Fish Port. Task
Force members acted immediately and with the help of the PNP Maritime Group stationed at the gate of the port, apprehended the
4. Fishing
in overexploited
or to
fishery
areas
truck
while the
driver was trying
sneakmanagement
out the hastilyloaded corals. A total of 24 tons of corals were confiscated. They did the
following:
1.
2.
3.

Apprehended the truck driver


Conducted inventory of the confiscated items
Gathered information/evidence as to the following:
a.
Shipping company that transported the corals (company name, captain, owner, President and operations manager
of the company)
5. Fishing
license
or manifest;
necessary
permits
or not complying
with
requirements
b. without
Cargo
(cargo
permit
to transport
from the port
of documentary
origin; owner, shipper
and consignee)
c.
Arrastre service provider (company name, owner, President and operations manager of the company)
d.
Trucking services (company name, owner, President and operations manager of the company)
4. Filed a case against the shipper, consignee, captain, ship owner, trucking service, owner and LGU official who issued the
permit to gather the corals with the Office of the Prosecutor for violation of Sec. 91 of RA 8550, or ban on coral exploitation
and exportation
5. Filed a case against the truck driver and his assistants under inquest proceeding.
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
6. Furnished MARINA with a copy of the complaint for future cancellation of ships franchise
7. Filed hold departure order to PPA to prevent the ship from leaving, and furnished a copy to the PCG for monitoring and
enforcement
8. Ensured
court
appearances.
7. Marketing
and
buying
illegally-caught fish & fishery species
Note: It is advised that the law enforcers should have been deputized by MARINA and have undergone MARINA law enforcement
training for them to be able to require information on and documents of the shipping company. Otherwise, seek MARINA assistance.

273

2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
Wildlife Enforcement Officers (WEOs) connected with the Philippine Coast Guard (PCG) on tour of duty at the Zamboanga City port
observed a docked fishing vessel containing live and dead marine turtles. Also on board the vessel are several men busy placing the
marine turtles in Styrofoam containers.
The Philippine Coast Guard immediately contacted the DENR CENRO and the BFAR offices and informed them about the matter. The
dispatched
a team
the Zamboanga
City port and coordinated with the WEOs of the Philippine Coast Guard.
B.office
Failure
to Comply
withto
Report
Requirements
The composite team approached the docked vessel. The composite team, following the boarding procedures of the PCG, boarded the
vessel. The designated head of the composite team introduced himself and the other members of the team to the captain of the vessel
and his crew. The composite team showed their identification cards to the captain and the crew on board the vessel. On board the
vessel,they saw different species of live and dead marine turtles. Some of the turtles were in open Styrofoam boxes while many more
were on the floor of vessel.
The team leader asked the captain of the vessel to show the vessels license/permit and the fishing permit. The captain showed the
C.team
Illegal
Fishing
and Dealing
Illegally-Caught
or leader
Fishery
Products
leader
the Activities
vessels license
and theinfishing
permit. TheFish
team
then
asked if the captain and his crew are aware that the
taking and catching of marine turtles is prohibited by law. The captain just scratched his head and told the team leader if they could just
aboutofit.
1. talk
Capture
breeders, spawners, eggs or fry
The team leader refused and informed the captain and his crew that they were violating the Wildlife Act and the Fisheries Code for
taking and catching marine turtles. He announced their arrest and read to them their Miranda rights. A thorough search, on the body of
the persons arrested and the immediate vicinity, in which said person may gain possession of a weapon, in some way effect an
escape, or destroy or hide evidence, was conducted by members of the composite team upon orders of the team leader. One of the
members of the composite team documented the whole proceedings through photo and/or video camera.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Several members of the team conducted an inventory of the items found in the vessel in the presence of the captain and one of his
crew members. The marine turtles were tagged or labeled using the seized evidence tag forms. The inventory and tagging also
included paraphernalia, tools, equipment, conveyance, and other items used in connection with the commission of the offense. An
inventory form was then prepared and signed by the team members who conducted the inventory. Thereafter, a seizure receipt was
prepared and signed by the team leader and other members of the composite team. A copy of the seizure receipt was furnished to the
captain but he refused to sign to acknowledge the receipt of the copy of document. A notation on the seizure receipt that the captain
refused to sign was then made by the team leader on the seizure receipt.

274

The composite team turned-over the accused to the nearest police station for investigatory detention. The team also caused the
recording of the arrest and the surrounding circumstances on police blotter and asked for a copy thereof. The composite team prepared
Failurestatements
to Comply of
with
Standards
the3. sworn
the
witnesses and apprehension officers and the Apprehension Report, together with the supporting
documents and other evidence. An inquest proceeding before the Office of the Prosecutor was immediately arranged and conducted
for possible violation of Section 97 of RA 8550 or fishing or taking of rare, threatened or endangered species, Section 27 (a) of RA
9147 or killing and destroying wildlife species, or Section 27 (f) of RA 9147 or collecting, hunting or possessing wildlife, their byproducts or derivatives.

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

275

Annexes
Annexes

Annex
Annex
1. Full
1. Provisions
Full Provisions
of Prohibited
of Prohibited
Acts in
Acts
Environmental
in Environmental
LawsLaws
Applicable
Applicable
to Coastal
to Coastal
and Marine
and Marine
AreasAreas
A. Fisheries
A. Fisheries

B. Failure to Comply with Report Requirements


1. Philippine
1. Philippine
Fisheries
Fisheries
Code ofCode
1998of
(RA
1998
8550)
(RA 8550)
SectionSection
86, par.86,
1: Unauthorized
par. 1: Unauthorized
fishing fishing
or engaging
or engaging
in otherinunauthorized
other unauthorized
fisheries
fisheries
activities
activities
No person
No person
shall exploit,
shall exploit,
occupy,occupy,
produce,produce,
breed, culture,
breed, culture,
capture capture
or gather
or fish,
gather
fry fish,
or fingerlings
fry or fingerlings
of any fishery
of any species
fishery species
or fishery
or fishery
products,
products,
or engage
or engage
in any fishery
in anyactivity
fishery in
activity
Philippine
in Philippine
waters without
waters a
without
license,
a license,
lease orlease
permit.
or permit.

C.Discovery
Illegal Discovery
Fishing
and
in Illegally-Caught
Fish
or Fishery
Products
of anyActivities
person
of any in
person
an Dealing
area
in an
where
area
he
where
has he
no has
permit
no
or
permit
registration
or registration
papers for
papers
a fishing
for a vessel
fishing shall
vessel
constitute
shall constitute
a prima afacie
prima facie
presumption
presumption
that the that
person
the and/or
person vessel
and/or isvessel
engaged
is engaged
in unauthorized
in unauthorized
fishing: fishing:
Provided,
Provided,
That fishing
That for
fishing
dailyfor
food
daily
sustenance
food sustenance
or for or for
1. leisure
Capture
of breeders,
spawners,
eggs
or occupation
fry or livelihood
which
leisure
iswhich
not foriscommercial,
not for commercial,
occupation
or livelihood
purposes
purposes
may be may
allowed.
be allowed.
Sec. 86,Sec.
par.86,
3: Unauthorized
par. 3: Unauthorized
fishing fishing
by commercial
by commercial
fishing fishing
vessel vessel
It shall be
It shall
unlawful
be unlawful
for any commercial
for any commercial
fishing vessel
fishingtovessel
fish intobays
fish and
in bays
in such
and other
in such
fishery
other management
fishery management
areas which
areasmay
which
hereinafter
may hereinafter
be declared
be declared
as over-exploited.
as over-exploited.

2. Sec.
Construction
Operation
of
Fish Corrals/Traps,
Fish municipal
Pens
Fish
Cages
86,Sec.
par.86,
5:and
Unauthorized
par.
5: Unauthorized
commercial
commercial
fishing fishing
within
withinand
municipal
waters
waters
It shall It
beshall
unlawful
be unlawful
for any for
person
any person
not listed
notinlisted
the registry
in the registry
of municipal
of municipal
fisherfolk
fisherfolk
to engage
to engage
in any commercial
in any commercial
fishing activity
fishing activity
in
in
municipal
municipal
waters. waters.
Any municipal
Any municipal
fisherfolk
fisherfolk
who commits
who commits
such violation
such violation
shall beshall
punished
be punished
by confiscation
by confiscation
of catchofand
catch
a fine
andofa Five
fine of Five
hundredhundred
pesos (P500.00).
pesos (P500.00).
Sec. 18:Sec.
Users
18:of
Users
municipal
of municipal
waters waters
All fisheries
All fisheries
related related
activitiesactivities
in municipal
in municipal
waters, waters,
as defined
as defined
in this in
Code,
this shall
Code,beshall
utilized
be utilized
by municipal
by municipal
fisherfolk
fisherfolk
and their
and their
cooperatives/organizations
cooperatives/organizations
who arewho
listed
are
aslisted
suchas
in the
suchregistry
in the registry
of municipal
of municipal
fisherfolk.
fisherfolk.

276

The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance,
authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer
3. Failure
Comply in
with
Standards
area
from thetoshoreline
municipal
waters as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the
Department;
4. Fishing
in overexploited or fishery management areas
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate agency
as not having violated this Code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in
an5.environmentally
critical
condition
and during
closedorseason
as provided
fordocumentary
in Section 9 ofrequirements
this Code.
Fishing without
license
or necessary
permits
not complying
with
Sec 86, par. 5: Unauthorized commercial fishing
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in
municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five
hundred pesos (P500.00).
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Sec. 87: Poaching in Philippine waters
It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters.
7. Marketing and buying illegally-caught fish & fishery species
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing
in Philippine waters. Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in
addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose
an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S.
Dollars (US$200,000.00) or its equivalent in the Philippine currency.

277

Sec. 88, pars. 1-3: Fishing through explosives, noxious or poisonous substance, and/or electricity
1. It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in
Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine
fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species: Provided, That the Department, subject to
such safeguards and conditions deemed necessary and endorsement from the concerned LGUs, may allow, for research, educational
or scientific purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species:
Provided, further, That the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted
scientific practices and without causing adverse environmental impact in neighboring waters and grounds shall not be construed as
B.illegal
Failure
to Comply with Report Requirements
fishing.
It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery
species which have been illegally caught, taken or gathered.
The discovery of dynamite, other explosives and chemical compounds which contain combustible elements, or noxious or poisonous
substances, or equipment or device for electrofishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat
fishworker
shall constitute
prima
evidence, that
theor
same
was Products
used for fishing in violation of this Code. The discovery in
C.official
Illegalor
Fishing
Activities
and Dealing
in facie
Illegally-Caught
Fish
Fishery
any fishing vessel of fish caught or killed with the use of explosive, noxious or poisonous substances or by electricity shall constitute
prima facie evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use thereof.
1. Capture of breeders, spawners, eggs or fry
2. Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.
3. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the
result to physical
injury orofloss
of Corrals/Traps,
human life.
2. same
Construction
and Operation
Fish
Fish Pens and Fish Cages
Sec. 88, par. 4: Dealing in, selling or disposal of illegally caught/gathered fisheries species
Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by
imprisonment ranging from six (6) months to two (2) years.

278

Sec. 89: Use of fine mesh net


It shall
be unlawful
to engage
in fishing using nets with mesh smaller than that with which may be fixed by the Department: Provided,
3. Failure
to Comply
with Standards
That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be identified in the implementing rules and regulations by the
Department.
Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
4. Fishing in overexploited or fishery management areas
(P20,000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court:
Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman shall also be
subject to the penalties provided herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this
provision shall be subjected to the same penalties provided herein: Provided, finally, That the Department is hereby empowered to
impose upon the offender an administrative fine and/or cancel his permit or license or both.
Sec. 90: Use of active gear in the municipal waters and bays and other fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements
It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active
fishing gears as defined in this Code.
Sec. 91: Ban on coral exploitation and exportation
It shall be unlawful for any person or corporation to gather, possess, sell or export ordinary precious and semi-precious corals, whether
raw
in processed
form, except
for scientificcommercial
or researchfishers
purposes.
6. or
Intrusion
of licensed
and unlicensed
in municipal waters
Sec. 92, par. 1: Ban on muro-ami, other methods and gear destructive to coral reefs and other marine habitat

Marketing
and for
buying
illegally-caught
& fishery
species
It 7.
shall
be unlawful
any person,
natural orfish
juridical,
to fish
with gear method that destroys coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department. "Muro-Ami" and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish
and other fishery species are also prohibited.
Sec. 92, par. 4: Ban on white sand, silica, pebbles and other marine habitat
It shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any other substances
which make up any marine habitat.

279

Sec. 93: Illegal use of superlights


It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in violation of the rules and regulations which
may be promulgated by the Department on the use of superlights outside municipal waters.
Sec. 94: Conversion of mangroves
It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes.

B.Sec.
Failure
Comply
with Reportarea
Requirements
95: to
Fishing
in overfished
and during closed season
It shall be unlawful to fish in overfished area and during closed season.
Sec. 96: Fishing in fishery reserves, refuge and sanctuaries
It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries.

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


Sec. 97: Fishing or taking of rare, threatened or endangered species
1. ItCapture
breeders,
spawners,
eggs
or fry
shall beof
unlawful
to fish
or take rare,
threatened
or endangered species as listed in the CITES and as determined by the Department.
FAO 193 s. 1998: Ban on whale shark and manta rays
Taking or catching, selling, purchasing, and possessing, transporting and exporting of whale sharks and manta rays, whether dead or
alive, in any state or form whether raw or processed.

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
FAO 185 s. 1992: Dolphins, whales and porpoises
Taking, catching, selling, purchasing, and possessing, transporting or exporting of dolphins, whales and porpoises, whether dead or
alive, in any state or form whether raw or processed.

280

Sec. 98: Capture of sabalo and other breeders/spawners


It 3.
shall
be unlawful
for with
any Standards
person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or
Failure
to Comply
spawners of other fishery species as may be determined by the Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be
promulgated by the Department.
Sec. 99: Exporting of breeders, spawners, eggs or fry
4. Fishing in overexploited or fishery management areas
Exportation of breeders, spawners, eggs or fish as prohibited in this Code shall be punished by imprisonment of eight (8) years,
confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit.
Sec. 100: Importation or exportation of fish or fishery species
Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment,
a 5.
fine
of Eighty
thousand
pesos
and destruction
of live fishery
or forfeiture
of non-live fishery species in favor of
Fishing
without
license
or (P80,000.00)
necessary permits
or not complying
with species
documentary
requirements
the Department for its proper disposition: Provided, That violator of this provision shall be banned from being members or stock holders
of companies currently engaged in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by
the Department.
Sec. 101: Violation of Catch Ceilings
It shall
be unlawful
for any person
to fish in violation
of catch
ceilings
as determined
by the Department.
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal
waters
Sec. 103(a): Failure to Comply with Minimum Safety Standards

7. Marketing
buying
fishvessel
& fishery
species
The
owner and and
captain
of a illegally-caught
commercial fishing
engaged
in fishing who, upon demand by proper authorities, fails to exhibit or
show proof of compliance with the safety standards provided in this Code, shall be immediately prevented from continuing with his
fishing activity and escorted to the nearest port or landing point. The license to operate the commercial fishing vessel shall be
suspended until the safety standard has been complied with.
Sec. 103(b): Failure to conduct yearly report
The FLA of the holder who fails to render a yearly report shall be immediately canceled: Provided, That if the offender be the owner of
the fishpond, fish pen or fish cage, he shall be subjected to the following penalties: (1) first offense, a fine of Five hundred pesos

281

(P500.00) per unreported hectare; (2) subsequent offenses, a fine of One hundred thousand pesos (P100,000.00) per unreported
hectare.
Sec. 103(c): Gathering and marketing of shell fishes
It shall be unlawful for any person to take, sell, transfer, or have in possession for any purpose any shell fish which is sexually mature
or below the minimum size or above the maximum quantities prescribed for the particular species.
Sec. 103(d): Obstruction to navigation or flow and ebb of tide in any stream, river, lake or bay
B. Failure to Comply with Report Requirements
It shall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide.
Sec. 103(e): Construction and operation of fish corrals/traps, fish pens and fish cages
It shall be unlawful to construct and operate fish corrals/traps, fish pens and fish cages without a license/permit.
103:
Obstruction
or delaying
inspection
of fish and fish
C.Sec.
Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fishproducts
or Fishery Products
Provided, finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic
1. products
Capture of
breeders,
spawners,and/or
eggs movement
or fry
when
such inspection
is authorized under this Code, shall be subject to a fine of not more than Ten
thousand pesos (P10,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, upon the discretion
of the court.
Sec. 104: Commercial fishing vessel operators employing unlicensed fisherfolk or fishworker or crew
owner/operator
of a commercial
vessel employing
unlicensed
2. The
Construction
and Operation
of Fishfishing
Corrals/Traps,
Fish Pens
and Fish fisherfolk
Cages or fishworker shall be fined Five hundred pesos
(P500.00) each for every month that the same has been employed and/or One thousand pesos (P1,000.00) for every month for each
unlicensed crew member who has been employed.
Sec. 105: Obstruction of defined migration paths
Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but not limited
to river mouths and estuaries within a distance determined by the concerned FARMCs shall be punished by imprisonment of seven (7)
years to twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) or both

282

imprisonment and fine at the discretion of the court, and cancellation of permit/license, if any, and dismantling of obstruction shall be at
his own expense and confiscation of the same.
3. Failure to Comply with Standards
Sec. 106: Obstruction to fishery law enforcement officer
The boat owner, master or operator or any person acting on his behalf of any fishing vessel who evades, obstructs or hinder any fishery
law enforcement officer of the Department to perform his duty, shall be fined Ten thousand pesos (P10,000.00). In addition, the
registration, permit and/or license of the vessel including the license of the master fisherman shall be canceled.
4. Fishing in overexploited or fishery management areas
B. Wildlife
1. Wildlife Resources Conservation and Resources Act (RA 9147)
Sec. 25: Establishment of critical habitats
5. Fishing without license or necessary permits or not complying with documentary requirements
Within two (2) years following the effectivity of this Act, The Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data
taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living
in the area, among others.
All6.designated,
habitats
shall be protected,
in coordination
the local
government units and other concerned groups, from
Intrusion ofcritical
licensed
and unlicensed
commercial
fishers inwith
municipal
waters
any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat.
7. Marketing and buying illegally-caught fish & fishery species
Sec. 27: Illegal Acts
Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife
resources and their habitats, or undertake the following acts:
(a) killing and destroying wildlife species, except in the following instances;
i.
when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
ii.
when the wildlife is afflicted with an incurable communicable disease;

283

iii.
iv.
v.

when it is deemed necessary to put an end to the misery suffered by the wildlife;
when it is done to prevent an imminent danger to the life or limb of a human being; and
when the wildlife is killed or destroyed after it has been used in authorized research or experiments.

(b) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species
(c) Effecting any of the following acts in critical habitat(s)
i.
dumping of waste products detrimental to wildlife;
ii.
squatting or otherwise occupying any portion of the critical habitat;
B. Failure to Complyiii.with Report
Requirements
mineral
exploration and/or extraction;
iv.
burning;
v.
logging; and
vi.
quarrying
(d) Introduction, reintroduction or restocking of wildlife resources
(e) Trading
of wildlife
C. Illegal Fishing
Activities
and Dealing in Illegally-Caught Fish or Fishery Products
(f) Collecting, hunting or possessing wildlife, their by-products or derivatives
1. Capture of breeders, spawners, eggs or fry
(g) Gathering or destroying of active nests, nest trees, host plants and the like
(h) Maltreating and/or inflicting other injuries not covered by the preceding paragraph
(i) Transporting of wildlife

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
C. Water Pollution
1. Philippine Clean Water Act (RA 9275)
Sec. 27: Prohibited Acts
The following acts are hereby prohibited:

284

(a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm,
floods
or otherwise,
which
could
cause water pollution or impede natural flow in the water body;
3. Failure
to Comply
with
Standards
(b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the
case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures
are adopted to prevent the contamination of the groundwater;
4. Fishing in overexploited or fishery management areas
(c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for
any violation of any condition therein;
(d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
(e)5.Unauthorized
transport
or dumping
into sea
watersorofnot
sewage
sludgewith
or solid
waste as defined
under Republic Act No.9003;
Fishing without
license
or necessary
permits
complying
documentary
requirements
Note: Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid
waste. (Section 3 (kk), RA 9003)
(f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
(g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
7. Marketing and buying illegally-caught fish & fishery species
(h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing rules, and regulations;
(i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was
revoked for any violation of condition therein;
(j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall
be imposed on the local government officials concerned;

285

(k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
(l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
(m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
(n) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the
water quality.

B.Sec.
Failure
with
28, to
parComply
2, clause
1:Report
FailureRequirements
to clean up
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each
dayActivities
during which
omission
and/or contamination
C.day
Illegal
Fishing
andthe
Dealing
in Illegally-Caught
Fish continues.
or Fishery Products
Sec. 28, par. 2, clause 2: Failure to clean up that results to serious injury
1. Capture of breeders, spawners, eggs or fry
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each day
during
which the
omission
and/or contamination
2. day
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Penscontinues.
and Fish Cages
Sec. 28, par. 3: Gross violations
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal
charges against the violators. Gross violation shall mean any of the following:
(a) Deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
(b) Five {5) or more violations within a period of two (2) years; or

286

(c)

Blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating
despite the existence of an order for closure, discontinuance or cessation of operation.
3. Failure to Comply with Standards
Sec. 28, par. 5: Violation of Marine Pollution Decree
For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof, such person
shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of
4. Fishing in overexploited or fishery management areas
the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person
primarily responsible shall be held liable.
Sec. 28, par. 5: Discharge of oil or other harmful substances by vessels
Provided, That any vessel from which oil or other harmful substances are discharged in violation of Section 4 of Presidential Decree
No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of
the5.Philippines
may belicense
withheld
the finepermits
is paid and
such
penalty shall
a lien requirements
on such vessel which may be recovered in
Fishing without
or until
necessary
or not
complying
withconstitute
documentary
proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which discharged
the oil or other harmful substances will be liable to pay for any clean-up costs.
Sec. 29: Non-compliance with the Water Quality Management Area Action Plan
Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan. - Local government officials
concerned
shall
subjectand
to Administrative
sanctions incase
ofin
failure
to comply
with their action plan accordance with the relevant
6. Intrusion
ofbe
licensed
unlicensed commercial
fishers
municipal
waters
provisions of R.A. No. 7160.

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


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

287

a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful
substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any
method, means or manner, into or upon the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited either from or out of
any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of
any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such
navigable water; and
B. Failure to Comply with Report Requirements
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, or
on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water,
either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or
obstructed or increase the level of pollution of such water.
Ecological
Solid
Wasteand
Management
(RA 9003)
C.3.Illegal
Fishing
Activities
Dealing inAct
Illegally-Caught
Fish or Fishery Products
48: Prohibited
Acts
1. Sec.
Capture
of breeders,
spawners, eggs or fry
The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros
or parks, and establishment, or causing or permitting the same;

2. Construction and Operation


of Fish Corrals/Traps,
Pens andcollecting
Fish Cages
(2) Undertaking
activities Fish
or operating,
or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in or established pursuant to RA No. 9003;
XXX
(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in
areas other than centers or facilities prescribed under this Act;

288

(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and
notStandards
conforming with the land use plan of the LGU;
3. Failure to Comply with
4. Philippine Fisheries Code of 1998 (RA 8550)
Sec. 102: Aquatic Pollution. Aquatic pollution, as defined in this Code shall be unlawful
4. Fishing in overexploited or fishery management areas
Sec. 4(4): Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic
environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose
potential and/or real hazard to human health, hindrance to the aquatic activities such as fishing and navigation, including
dumping/disposal of waste and other marine litters, discharge of petroleum, or residual products of petroleum or carbonaceous
materials/substances, and other radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air
transport or other human-made structure. Deforestation, unsound agricultural practices such as the use of artificial fish feed, and
wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution.
5. Fishing without license or necessary permits or not complying with documentary requirements
5. Toxic Substances and Hazardous and Nuclear wastes Control Act of 1990 (RA 6969)
Sec. 13. Prohibited Acts
The
and omissions
shall be considered
unlawful:
6. following
Intrusionacts
of licensed
and unlicensed
commercial
fishers in municipal waters
XXX

Marketing
and buying
illegally-caught
fish
species access to records as required by this Act, or permit inspection of
(b)7.Failure
or refusal
to submit
reports, notices
or &
onfishery
the information,
establishment where chemicals are manufactured, processed, stored or otherwise held;
XXX
(d) Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into Philippine territory, including its maritime
economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.

289

D. Environmental Impact Statement System


1. Environmental Impact Statement System (PD 1586)
Sec. 4: Undertaking project without ECC
Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or
in to
theComply
countrywith
as environmentally
critical. No person, partnership or corporation shall undertake or operate any such declared
B.areas
Failure
Report Requirements
environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his
duly authorized representative. For the proper management of said critical project or area, the President may by his proclamation
reorganize such government offices, agencies, institutions, corporations or instrumentalities including the re-alignment of government
personnel, and their specific functions and responsibilities.
Sec. 9, clause 2: Violation of ECC terms and conditions

C.Penalty
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
FisherySection
Products
for Violation.
Any person,
corporation
or partnership Fish
foundorviolating
4 of this Decree, or the terms and conditions in the
issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental
pursuant
to this eggs
Decree
1. Protection
Capture ofCouncil
breeders,
spawners,
orshall
fry be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council. (underscoring ours)
Sec. 9, clause 3: Violation of the EMB Rules on EIA
Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the
2. issuance
Construction
Operation of
Fish Corrals/Traps,
and Fish rules
Cages
of theand
Environmental
Compliance
Certificate, Fish
or of Pens
the standards,
and regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council.

290

E. Forestry

Failure Forestry
to Comply
with(PD
Standards
1. 3.
Revised
Code
705), as amended by PD 1559, PD 865, PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and
83 O.G. o. 31
Sec. 71, clause 1: Ban on mangrove cutting (as amended by RA 7161)

4. Fishing
overexploited
fishery
management
areas there shall be collected forest charges on each cubic meter of firewood
Except
for all in
mangrove
speciesorwhose
cutting
shall be banned,
cut in forestland, branches and other recoverable wood wastes of timber, such as timber ends, tops and stumps when used as raw
materials for the manufacture of finished products, Ten Pesos (P10). (underscoring ours)
Sec. 77. Cutting, gathering and/or collecting timber, or other forest products without license
Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and
disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty
Fishingtheft
without
license and
or necessary
or not 309
complying
documentary
requirements
of 5.qualified
as defined
punished permits
under Articles
and 310with
of the
Revised Penal
Code; Provided, That in the case of
partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers
are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration
and Deportation.
Sec. 78: Unlawful occupation or destruction of forest lands and grazing lands

6. Intrusion
of licensed
and
unlicensed
commercial
in municipal
Any
person who
enters and
occupies
or possesses,
or fishers
makes kaingin
for hiswaters
own private use or for others any forest land without
authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any
damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do
so,7.or
sets a fire,
or buying
negligently
permits a fire fish
to be&set
in any
forest land shall, upon conviction, be fined in an amount of not less than
Marketing
and
illegally-caught
fishery
species
five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor
more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges which
would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit:
Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor
more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without
prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau.

291

Sec. 80: Illegal occupation of National Parks System and recreation areas, and vandalism therein
Illegal occupation of national parks system and recreation areas and vandalism therein. Any person who shall, without permit, occupy
for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any
species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural
beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more
than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires rehabilitation or
restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the
damage; Provided, Further, That any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal
B.life
Failure
Comply
with
Requirements
withintoany
area in
theReport
national
parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order
eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other
natural resources collected or removed, and any construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the
provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of
local parks.

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


Sec. 82. Survey by unauthorized person
1. Imprisonment
Capture of breeders,
spawners,
eggs
for not less
than two
(2) or
norfry
more than four (4) years, in addition to the confiscation of the implements used in the
violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to
survey from the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct
or undertake a survey for whatever purpose.
Protected Areas
2. F.
Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
1. National Integrated Protected Areas System (NIPAS) Act of 1992 (RA 7586)
Sec. 20: Prohibited Acts.
Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following
acts are prohibited within protected areas:

292

(a) Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the
Management Board;
(b)3.Dumping
of Comply
any waste
products
detrimental to the protected area, or to the plants and animals or inhabitants therein;
Failure to
with
Standards
(c) Use of any motorized equipment without a permit from the Protected Area Management Board (PAMB);
(d) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value);
(e) Damaging and leaving roads and trails in a damaged condition;
(f) Squatting, mineral locating, or otherwise occupying any land;
(g) Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit;
4. Fishing in overexploited or fishery management areas
(h) Leaving refuse or debris in exposed or unsanitary conditions, or depositing in ground, or in bodies of water; and
(i) Altering, removing destroying or defacing boundary marks or signs.
G. Water Code of the Philippines (Presidential Decree 1067)
Art. 51: Easement in banks of rivers and streams and the shores of the seas and lakes
5. Fishing without license or necessary permits or not complying with documentary requirements
The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3)
meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to
the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in
this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
Art. 91(B)(3): Unauthorized obstruction of river or waterway or occupancy of riverbank
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and imprisonment in the discretion of the Court, shall be imposed on
any
whoand
commits
anyillegally-caught
of the following acts:
7. person
Marketing
buying
fish & fishery species
XXX
3.

Unauthorized obstruction of a river or waterway , or occupancy of a riverbank or seashore without permission

293

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

294

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

295

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

296

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

297

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

298

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

299

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

300

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

301

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

302

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

303

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

304

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

305

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

306

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

307

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

308

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

309

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

310

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

311

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

312

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

313

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

314

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

315

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

316

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

317

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

318

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

319

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

320

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

321

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

322

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

323

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

324

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

325

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

326

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

327

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

328

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

329

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

330

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

331

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

332

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

333

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

334

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

335

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

336

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

337

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

338

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

339

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

340

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

341

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

342

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

343

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

344

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

345

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

346

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

347

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

348

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

349

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

350

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

351

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

352

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

353

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

354

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

355

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

356

Annex
Annex
5. Criminal
5. Criminal
Procedure
Procedure
Flowcharts
Flowcharts
3. Failure to Comply with Standards

1. Procedure
1. Procedure
In Filing
In Filing
and Prosecuting
and Prosecuting
CaseCase
under
under
WARRANTLESS
WARRANTLESS
ARREST
ARREST

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

357

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

358

2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

359

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

360

Annex
Annex
6. Wildlife
6. Wildlife
LawLaw
Enforcement
Enforcement
Manual
Manual
Flowcharts
Flowcharts
3. Failure to Comply with Standards

1. Investigation
1. Investigation
Procedure
Procedure

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

361

2. General Surveillance Procedure

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

362

3. General Regulatory Monitoring Procedure

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

363

4. Serving a Warrant of Arrest

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

364

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

365

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

366

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

367

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

368

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

369

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

370

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

371

9. Administrative Seizure, Confiscation and Disposition


Verification of prima facie case against the offender by the Seizure Officer

If prima facie case exists, issuance of Seizure Order

B. Failure to Comply with Report Requirements

Issuance of Notice of Hearing

Hearing by the Seizure Officer


Decision by the RED upon recommendation by the Hearing Officer

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


Motion for Reconsideration at the discretion of the aggrieved party

1. Capture of breeders, spawners, eggs or fry

Decision by the Hearing Officer


Appeal to the Office of the Secretary at the discretion of the aggrieved party

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

Decision by the DENR Secretary


Appeal to the courts by the aggrieved party. Otherwise, Secretarys decision becomes final and
executory and confiscated items shall become permanent property of the government and shall
be disposed of in accordance with law.

372

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

373

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

374

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

375

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

376

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

377

15. Incoming and Transshipment of cargoes at international seaports and there is advance information of transport of wildlife
goods/derivatives

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

378

16. Departure of Passengers Carrying Wildlife

3. Failure(Note:
to Comply
withisStandards
Scenario
passenger has checked/inquired with quarantine desk officer to secure the necessary permit)

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

379

17. Arrival of Passengers Carrying Wildlife, Based on Advance Information

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

380

18. Outgoing Cargoes

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

381

19. Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods

B. Failure to Comply with Report Requirements

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

382

3. Failure to Comply with Standards

4. Fishing in overexploited or fishery management areas

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

383

Annex
Annex
Annex
7.Annex
List7.of
7.List
7.List
threatened
List
ofofthreatened
ofthreatened
threatened
wildlife
wildlife
wildlife
species
wildlife
species
species
species
in accordance
ininaccordance
inaccordance
accordance
with DENR
with
with
with
DENR
Administrative
DENR
DENR
Administrative
Administrative
Administrative
OrderOrder
2004-15
Order
Order
2004-15
2004-15
2004-15
A. CRITICALLY
ENDANGERED
SPECIES
A. A.
CRITICALLY
A.
CRITICALLY
CRITICALLY
ENDANGERED
ENDANGERED
ENDANGERED
SPECIES
SPECIES
SPECIES
MAMMALS
MAMMALS
MAMMALS
MAMMALS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
Bovidae
Bovidae
Bovidae
Bovidae
Bubalus
Bubalus
mindorensis
Bubalus
Bubalus
mindorensis
mindorensis
mindorensis
B. Failure to Comply with Report Requirements
Cervidae
Cervidae
Cervidae
Cervidae
Cervus alfredi
Cervus
Cervus
Cervus
alfredi
alfredi
alfredi
MuridaeMuridae
Muridae
Muridae
Crateromys
Crateromys
Crateromys
Crateromys
australisaustralis
australis
australis
Crateromys
Crateromys
Crateromys
Crateromys
paulus paulus
paulus
paulus
Pteropodidae
Pteropodidae
Pteropodidae
Pteropodidae
Dobsonia
Dobsonia
Dobsonia
chapmani
Dobsonia
chapmani
chapmani
chapmani
Dugongidae
Dugongidae
Dugongidae
Dugongidae
DugongDugong
dugon
Dugong
Dugong
dugon
dugon
dugon
Suidae Suidae
Suidae
Suidae
Sus cebrifons
Sus
Sus
Sus
cebrifons
cebrifons
cebrifons

Common
Common
Common
Name
Common
Name
Name
Name
Tamaraw
Tamaraw
Tamaraw
Tamaraw
VisayanVisayan
spotted
Visayan
Visayan
spotted
deer
spotted
spotted
deer
deer
deer
Dinagat Dinagat
hairy-tailed
Dinagat
Dinagat
hairy-tailed
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Ilin hairy-tailed
IlinIlin
hairy-tailed
Ilin
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Philippine
Philippine
Philippine
bare-backed
Philippine
bare-backed
bare-backed
bare-backed
fruit bat fruit
fruit
fruit
batbat
bat
DugongDugong
Dugong
Dugong
VisayanVisayan
warty
Visayan
Visayan
pig
warty
warty
warty
pigpigpig

C.BIRDS
Illegal BIRDS
Fishing
Activities and Dealing in Illegally-Caught Fish or Fishery Products
BIRDS
BIRDS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
1. Capture
ofPsittacidae
breeders,
spawners, eggs or fryCacatuaCacatua
Psittacidae
Psittacidae
Psittacidae
haematuropygia
Cacatua
Cacatua
haematuropygia
haematuropygia
haematuropygia
Bucerotidae
Bucerotidae
Bucerotidae
Bucerotidae
Aceros waldeni
Aceros
Aceros
Aceros
waldeni
waldeni
waldeni
Anthracoceros
Anthracoceros
Anthracoceros
Anthracoceros
montanimontani
montani
montani
Dicaeidae
Dicaeidae
Dicaeidae
Dicaeidae
DicaeumDicaeum
Dicaeum
Dicaeum
accipitridae
accipitridae
accipitridae
accipitridae
Pithecophaga
Pithecophaga
Pithecophaga
Pithecophaga
jefferyi jefferyi
jefferyi
jefferyi
cuculidae
cuculidae
cuculidae
cuculidae
Centropus
Centropus
Centropus
steerii
Centropus
steerii
steerii
steerii
sternidae
sternidae
sternidae
sternidae
Sterna bernsteini
Sterna
Sterna
Sterna
bernsteini
bernsteini
bernsteini
2. Construction
and Operation of Fish Corrals/Traps,
Fish
Pens
and Fish Cages
gruidae gruidae
gruidae
gruidae
Grus antigone
Grus
Grus
Grus
antigone
antigone
antigone
columbidae
columbidae
columbidae
columbidae
Phapitreron
Phapitreron
Phapitreron
Phapitreron
cinereiceps
cinereiceps
cinereiceps
cinereiceps
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
menageimenagei
menagei
menagei
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
keayi keayi
keayi
keayi
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
platenaeplatenae
platenae
platenae
Ptilinopus
Ptilinopus
Ptilinopus
arcanus
Ptilinopus
arcanus
arcanus
arcanus

Common
Common
Common
Name
Common
Name
Name
Name
Philippine
Philippine
Philippine
cockatoo
Philippine
cockatoo
cockatoo
cockatoo
Waldens
Waldens
hornbill
Waldens
Waldens
hornbill
hornbill
hornbill
Sulu hornbill
Sulu
Sulu
Sulu
hornbill
hornbill
hornbill
Quadricolor
Quadricolor
Quadricolor
Quadricolor
Cebu flowerpecker
Cebu
Cebu
Cebu
flowerpecker
flowerpecker
flowerpecker
Philippine
Philippine
Philippine
eagle
Philippine
eagle
eagle
eagle
Black-hooded
Black-hooded
Black-hooded
Black-hooded
coucal coucal
coucal
coucal
ChineseChinese
crested
Chinese
Chinese
crested
tern
crested
crested
tern
tern
tern
Sarus crane
Sarus
Sarus
Sarus
crane
crane
crane
Tawi-tawi
Tawi-tawi
brown
Tawi-tawi
Tawi-tawi
dove
brown
brown
brown
dove
dove
dove
Sulu bleeding-heart
Sulu
Sulu
Sulu
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
bleeding-heart
Negros
Negros
bleeding-heart
bleeding-heart
bleeding-heart
MindoroMindoro
bleeding-heart
Mindoro
Mindoro
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
fruit-dove
Negros
Negros
fruit-dove
fruit-dove
fruit-dove

384

REPTILES

Family
3. Failure to Comply with Standards
Cheloniidae
Bataguridae
Crocodylidae
Varanidae

Scientific Name
Eretmochelys imbricata
Heosemys leytensis
Crocodylus mindorensis
Varanus mabitang

Common Name
Hawksbill turtle
Philippine pond turtle
Philippine crocodile
Panay monitor lizard

CITES-LISTED
SPECIES
4. Fishing in overexploited
or fishery management areas
All species of terrestrial fauna and flora listed uder Appendix I of CITES
B. ENDANGERED SPECIES
MAMMALS

Family
Scientific Name
Common Name
Pteropodidae
Acerodon jubatus
Golden-crowned fruit bat
5. Fishing without license or necessary permits
or notrabori
complying with documentary requirements
Nyctimene
Philippine tube-nosed fruit bat
Cervidae
Cervus calamianensis
Calamian deer
Muridae
Crateromys heaneyi
Panay bushy-tailed cloud rat
Suidae
Sus sp. A from the Sulu Archipelago

BIRDS

Family and unlicensed commercial fishers


Scientific
Name waters
6. Intrusion of licensed
in municipal
Bucerotidae
Penelopides panini
Penelopides mindorensis
Pycnonotidae
Hypsipetes siquijorensis
7. Marketing and buying illegally-caught fish
& fishery
species
(=Ixos
siquijorensis
)
Psittacidae
Prioniturus verticalis
Ciconiidae
Ciconia boyciana
Muscicapidae
Rhinomyias albigularis
Timaliidae
Stachyris nigrorum
Stachyris speciosa
(=Dasycrotapha speciosa)
Turdidae
Copsychus cebuensis

385

Common Name
Visayan tarictic hornbill
Mindoro hornbill
Streak-breasted bulbul
(=Mottle-breasted bulbul)
Blue-winged racket-tail
Japanese white stork
White-throated jungle fly-catcher
Negros striped-babbler
Flame-templed babbler
Black shama

Rhyacornis bicolor
Gallicolumba criniger
Gorsachius goisagi
Tringa guttifer

Columbidae
Ardeidae
Scolopacidae
REPTILES

Luzon water-redstart
Mindanao bleeding-heart
Japanese night-heron
Nordmanns greenshank

Family
Scientific Name
Cheloniidae
Caretta caretta
B. Failure to Comply with Report Requirements
Chelonia mydas
Lepidochelys olivacea
Dermochelys coriacea
Bataguridae
Heosemys spinosa
Trionychidae
Pelochelys cantorii

Common Name
Loggerhead turtle
Green sea turtle
Olive ridley sea turtle
Leatherback turtle
Spiny terrapin
Southeast Asian softshell Turtle

AMPHIBIANS
Family and Dealing in Illegally-Caught Scientific
Name Products
C. Illegal Fishing Activities
Fish or Fishery
Ranidae
Platymantis negrosensis
Platymantis polilloensis
1. Capture of breeders, spawners, eggs or fry
Platymantis spelaeus
Platymantis subterrestris

Common Name
Negros forest tree frog
Polillo forest tree frog
Negros limestone frog
Mt. Data cloud frog

CITES-LISTED SPECIES
All species of terrestrial fauna and flora listed uder Appendix II of CITES.
VULNERABLESPECIES
2.C.
Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
MAMMALS
Pteropodidae

Muridae

Family

Scientific Name
Acerodon leucotis
Pteropus dasymallus
Pteropus speciosus
Pteropus leucopterus
Archboldomys luzonensis

386

Common Name
Palawan flying fox
Wooly flying fox
Philippine gray flying fox
White-winged fruit bat
Isarog shrew-mouse

Crateromys schadenbergi
Phloeomys cumingi
3. Failure to Comply with Standards
Batomys russatus
Cervidae
Cervus mariannus
Manidae
Manis culionensis
Erinaceidae
Podogymnura aureo-spinula
Felidae
Prionailurus bengalensis
4. Fishing in overexploited or fishery management
areas
Suidae
Sus barbatus
Sus philippensis
Tragulidae
Tragulus napu
Pteropodidae
Pteropus sp. A from Mindoro Island
Haplonycteris sp. A from Sibuyan Island
BIRDS

Bushy tailed-cloud rat


Southern Luzon giant cloudrat
Dinagat hairy-tailed rat
Philippine brown deer
Palawan pangolin
Dinagat gymnure
Leopard cat
Bearded pig
Philippine warty pig
Mouse deer

Family
Scientific with
Name
5. Fishing without
license or necessary permits or not complying
documentary requirementsCommon Name
Columbidae
Ducula carola
Spotted imperial pigeon
Ducula mindorensis
Mindoro imperial-pigeon
Ptilinopus marchei
Flame-breasted fruit dove
Ducula pickeringii
Grey imperial-pigeon
Caloenas nicobarica
Nicobar pigeon
Ducula poliocephala
Pink-bellied imperial-pigeon
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal waters
Gallicolumba
luzonica
Luzon bleeding-heart pigeon
Ptilinopus merrilli
Cream-bellied fruit dove
Treron formosae
Whistling green-pigeon
Alcedinidae
melanurus
Philippine dwarf kingfisher
7. Marketing and buying illegally-caught fishCeyx
& fishery
species
Alcedo argentata
Silvery kingfisher
Todiramphus winchelli
Rufous-lored kingfisher
Actenoides hombroni
Blue-capped kingfisher
Muscicapidae
Muscicapa randi
Ashy-breasted flycatcher
Ficedula platenae
Palawan flycatcher
Rhinomyias insignis
White-browned jungle flycatcher
Ficedula basilanica
Little slaty flycatcher
Hypothymis coelestis
Celestial blue monarch

387

Campephagidae

Coracina ostenta
Coracina mcgregori
Dicaeidae
Dicaeum haematostictum
Dicaeum retrocinctum
Eurylaimidae
Eurylaimus samarensis
Eurylaimus steerii
Picidae
Picoides ramsayi
Chloropseidae
Chloropsis flavipennis
B. Failure
Pittidae to Comply with Report RequirementsPitta steerii
Pitta kochi
Estrildidae
Erythrura viridifacies
Turdidae
Zoothera cinerea
Rhyacornis bicolor
Timaliidae
Ptilocichla falcata
Phasianidae
Polyplectron emphanum
Bucerotidae
Anthracoceros
marchei
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery Products
Aceros leucocephalus
1. Capture of breeders, spawners, eggs or fry Buceros hydrocorax
Psittacidae
Prioniturus platenae
Prioniturus luconensis
Tanygnathus lucionensis
Strigidae
Bubo philippensis
Mimizuki gurneyi
Accipitridae
Spizaetus philippensis
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens
and Fish Cages
Ichthyophaga
ichthyaetus
Silviidae
Acrocephalus sorghophilus
Phylloscopus ijimae
Ardeidae
Egretta eulophotes
Emberizidae
Emberiza sulphurata
Scolopacidae
Eurynorhynchus pygmaeus
Numenius tahitiensis
Charadriidae
Charadrius peronii
Sturnidae
Gracula religiosa

388

White-winged cuckoo-shrike
Mcgregors cuckoo-shrike
Visayan flowerpecker
Scarlet-collared flowerpecker
Visayan broadbill
Mindanao broadbill
Sulu woodpecker
Philippine leafbird
Azure-breasted pitta
Kochs pitta
Green-faced parrotfinch
Ashy thrush
Luzon water-redstart
Falcated wren-babbler
Palawan peacock-pheasant
Palawan hornbill
Writhed hornbill
Rufous hornbill
Blue-headed racket-tail
Green-headed racket-tailed parrot
Blue-naped parrot
Philippine eagle-owl
Giant scops-owl
Philippine hawk-eagle
Grey-headed fish-eagle
Streaked reed-warbler
Ijimas leaf-warbler
Chinese egret
Japanese yellow bunting
Spoon-billed sandpiper
Bristle-thighed curlew
Malaysian plover
Palawan hill myna

Anatidae
Anhingidae
3. Failure to Comply with Standards
Megapodiidae

Anas luzonica
Anhinga melanogaster
Megapodius cumingii

REPTILES

Family
Scientific Name
Varanidae
Varanus olivaceus
4. Fishing in overexploited or fishery management
areas cumingi
Varanus salvator
Varanus salvator marmoratus
Varanus salvator nuchalis

Philippine duck
Darter
Tabon scrubfowl
Common Name
Grays monitor lizard
Malay monitor lizard (Mindanao
population)
Malay monitor lizard (Northern
Philippine population)
Malay monitor lizard (Central Visayas
population)

AMPHIBIANS
5. Fishing without
license or necessary permits or not complying
with documentary requirementsCommon Name
Family
Scientific Name
Ichthyophiidae
Ichthyophis glandulosus
Basilan caecilian
Ichthyophis mindanaoensis
Mindanao caecilian
Bufonidae
Ansonia mcgregori
Macgregors slender toad
Ranidae
Limnonectes magnus
Mindanao fanged Frog
Platymantis hazelae
Hazels forest frog
Platymantis
insulatus
Gigante island limestone frog
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal waters
Platymantis lawtoni
Lawtons forest frog
Platymantis rabori
Rabors forest frog
Rana igorota
Taylors igorot frog
7. Marketing and buying illegally-caught fish & fishery species
Rhacophoridae
Philautus schmackeri
Mindoro tree frog

389

D. OTHER THREATENED SPECIES


MAMMALS

Family
Scientific Name
Viverridae
Arctictis binturong
Cynocephalidae
Cynocephalus volans
Cercopithecidae
Macaca fascicularis
Pteropodidae
Pteropus vampyrus
Tarsiidae
B. Failure to Comply with Report RequirementsTarsius syrichta
REPTILES

Scientific Name
Varanus salvator rudicollis
Hydrosaurus postulatus
Python reticulates
Trimeresurus flavomaculatus mcgregori
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Varanidae
Agamidae
Boidae

Family

1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

390

Common Name
Binturong
Flying lemur
Philippine macaque
Giant flying fox
Philippine tarsier
Common Name
Rough-necked monitor
Philippine sailfin Lizard
Reticulated python
Batanes pit viper

Annex
List of threatened
plants
and
other wildlife
in accordance
with
Annex 8.
List of8.threatened
plants and
other
wildlife
speciesspecies
in accordance
with
3. FailureDENR
to Comply
with
Standards
Administrative
Order 2007-01
DENR Administrative
Order 2007-01
Category A. Critically Endangered Species
Category A. Critically Endangered Species
FAMILY
SCIENTIFIC NAME
COMMON NAME
FAMILY
SCIENTIFIC NAME
COMMON NAME
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
4.
Fishing
in
overexploited
or
fishery
management
areas
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
Hopea basilanica Foxw.
Basilan yakal
Hopea basilanica Foxw.
Basilan yakal
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea foxworthyi Elmer
Dalindingan
Hopea foxworthyi Elmer
Dalindingan
Hopea malibato Foxw.
Yakal-kaliot
Hopea malibato
Foxw.
5. Fishing without license or necessary permits
or not complying
with documentaryYakal-kaliot
requirements
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea philippinensis Dyer
Gisok-gisok
Hopea philippinensis Dyer
Gisok-gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea samarensis Gutierrez
Samar gisok
Hopea samarensis Gutierrez
Samar gisok
Shorea astylosa Foxw.
Yakal
Shorea astylosa Foxw.
Yakal
Shorea malibato Foxw.
Yakal-malibato
Shorea malibato Foxw.
Yakal-malibato
6. Intrusion of licensed and unlicensed commercial fishers
in municipal
Vatica ellipttica
Foxw.waters
Kaladis narig
Vatica ellipttica Foxw.
Kaladis narig
Vatica pachyphylla Merr.
Thick-leafed Narig
Vatica pachyphylla Merr.
Thick-leafed Narig
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
EBENACEAE
Diospyros
blancoi A DC.
Kamagong/mabolo
7. Marketing
and buying illegally-caught fish
& fishery
species
EBENACEAE
Diospyros
blancoi
A DC.
Kamagong/mabolo
Diospyros brideliifolia Elmer
Malinoag
Diospyros brideliifolia Elmer
Malinoag
Diospyros caulifom Blurne
Apunan
Diospyros caulifom Blurne
Apunan
Diospyros poncei Merr.
Ponce kamagong
Diospyros poncei Merr.
Ponce kamagong
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
var. schadenbergii (Warb.) Sleum.
var. schadenbergii (Warb.) Sleum.
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang

391

HYPERICACEAE
ISOETACEAE

Hypericum pulogense Merr.


lsoetes philippinensis Merr. & Peny

LAURACEAE
LEGUMINOSAE

Cinnamomum cebuense Kosterrn.


Pterocerpus indicus Willd. forma indlcus
Pterocarpus indicus Willd. forma
echinatus (Pers.) Rojo
LORANTHACEAE
Thaumasianthes amplifolia (Merr.)
Danser
B. Failure to Comply with Report Requirements
MELIACEAE
Aglaia pyriformis Merr.
Toona calantas Merr. & Rolfe
MYRTACEAE
Syzygium nitidum Benth.
Tristaniopsis decorticata (Merr.) Peter G.
Wilson &
Waterhouse
Xanthostemon bracteatus Merr.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Xanthostemon philippinensis Merr.
NEPENTHACEAE
Nepenthes argentii M Jebb & M Cheek
1. Capture of breeders, spawners, eggs or fryNepenthes merrilliana Macfarlane
Nepenthes sibuyanensis J Nerz
OLEACEAE
Chionanthus clementis (Quisumb. &
Merr.) Kiew
Chionanthus remotinervius (Merr.) Kiew
Olea palawanensis Kiew
ORCHIDACEAE
AmesiellaFish
monticola
J. Cootes
& DP
2. Construction
and Operation of Fish Corrals/Traps,
Pens and
Fish Cages
Banks
Ascoglossum calopterum (Reichb. f.)
Schlecter
Ceratocentron fesseli Senghas
Dendrobium schuetzei Rolfe
Euanthe sanderiana (Reichb. f) Schltr.
Gastrochilus calceolaris (Buch.- Ham. ex
J.E. Sm.) D.Don

392

Pulag St. Johnswort


Philippine Quillwort; Rogiro;
Kabauingbauing
Cebu kalingag
Smooth narra
Prickly narra
Samar mistletoe
Kanining-peneras
Kalantas
Maka-asim
Malabayabas
Mapilig
Bagoadlau
Argent Pitcher plant
Mindanao giant Pitcher plant
Sibuyan Pitcher plant
Kayantol
Pamoplasin
Palawan olive
Waling-waling
-

Paphiopedilurn acrnodontum Schoser ex


Lady slipper
MW Wood
3. Failure to Comply with Standards
Paphiopedilum adductum Asher
Lady slipper
Paphiopedilum anitum Golamco
Lady slipper
Paphiopedilum argus (Reichb.f.) Stein
Lady slipper
Paphiopedilum fowliei Birk
Lady slipper
Paphiopedilum haynaldianum (Reich b.f.) Lady slipper
4. Fishing in overexploited or fishery management
areas
Stein
Paphiopedilum hennisianum (MW Wood)
Lady slipper
Fowlie
Paphiopedilum randii Fowlie
Lady slipper
Paphiopedilum urbanianum Fowlie
Lady slipper
Paphiopedilum usitanum 0 Gruss & J
Lady slipper
Roeth
Phalaenopsis micholitzii Rolfe
5. Fishing without license or necessary permits or not complying with documentary requirements
Phmgmorchls teretifolia LO Williams
Vanda lamellata Lindl. var. calayan
Valmayor & D. Tiu
Areca parens Becc.
Takobtob
Calamus batanensis (Becc.) Baja-Lapis
Valit
Calamus jenningsianus Becc.
Calamus vinosus
6. Intrusion of licensed and unlicensed commercial
fishersBecc.
in municipal waters
Daemonorops affinis Becc.
Bag-bag
Daemonorops oligolepis Becc.
Rogman
Daemonorops pannosus Becc.
Sabilog
7. Marketing and buying illegally-caught fish & fishery species
Heterospathe califrons Fernando
Yanisi
Heterospathe dransfieldii Fernando
Dransfield sanakti
Heterospathe scitula Fernando
Malasanakti
Heterospathe sibuyanensis Becc.
Bilis
Heterospathe trispatha Fernando
Tatlong bilisan
Pinanga batanensis Becc.
Dapiau
Pinanga bicolana Fernando
Bicol abiki
Pinanga samarana Becc.
Samar abiki

393

Pinanga sclerophylla Becc.


Pinanga sibuyanensis Becc.
Plectocomia elmeri Becc.
Peranema cyatheoides D. Don var.
luzonicum (Copel.) Ching & S. H. Wu
POLYPODIACEAE
Platycerium coronarium (Koenig ex
Miller) Desv.
Platycerium grande (Fee) Kunze
Podosorus angustatus Holtt.
B. Failure to Comply with Report Requirements
PTERIDACEAE
Reris calocarpa (Copel.) M. G. Price
Pteris pachysora (Copel.) M. G. Price
RAFFLESIACEAE
Ramesia manillana Teschem.
Raflesia speciosa Barcelona & Fernando
Ramesia schadenbergiana Gbppert ex
Hieron.
RUBIACEAE
Greeniopsis pubescens Merr.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Villaria acutifolia (Elmer) Merr.
RUTACEAE
Swinglea glutinosa (Blanco) Merr.
1. Capture
of breeders, spawners, eggs or fryGongvospennum philippinense Radlk.
SAPINDACEAE
Guioa palawanica Welzen
Guioa parvifoliola Merr.
Guioa reticulata Radlk.
THELYPTERIDACEAE
Coryphopteris borealis Holtt.
VERBENACEAE
Clerodendrum guadriloculare (Blanco)
Merr.
2. Construction and Operation of Fish Corrals/Traps,
Fish Pens and Fish Cages
Tectona philippiinensis Benth. B Hook. f.

394

Abiking-tigas
Tibagan
Ugang
Staghorn fern
Giant staghorn fern
Malaboo
Uruy
Bo-o
Paluay mabolo
Tango
Kabuyok
Kasau-kasau
Palawanalahan
Angset
Alahan-sinima
Bagauak-morado
Philippine teak

Category B. Endangered Species

3. Failure to Comply
Standards
FAMILYwith
NAME
ANACARDIACEAE
APOCYNACEAE

SCIENTIFIC NAME
COMMON NAME
Manghm odorata Griff.
Huani
Kibatalia puberula Merr.
Paslit-mabolo
Kibatalia stenopetala Merr.
Paslit-kitid
ARACEAE
Alocasia sanderiana W. BulI.
4. Fishing in overexploited or fishery management
areas
ARALIACEAE
Schemera
agamae Merr.
Agama galamay-amo
Scheflep albido-brecteata Elmer
Makinging
Schefflera curanii Merr.
Curran galamay-amo
Schefflera palawanensis Merr.
Palawan galamay-amo
ASCLEPIADACEAE
Hoya alagensis Kloppenburg
Hoya angustisepala Burton
Hoya burtoniae Kloppenburg
Hoya crasssicaulis (Elmer) Kloppenburg
5. Fishing without license or necessary permits or not complying with documentary requirements
Hoya el-nidkus Kloppenburg
Hoya gigantanganensis Kloppenburg
Hoya greenii Kloppenburg
Hoya halconensis Kloppenburg
Hoya heuschkeliana Kloppenburg
Hoya panchoi Kloppenburg
6. Intrusion of licensed and unlicensed commercial
fishers in Elmer
municipal waters
Hoya pulgarensis
Hoya quinguinervia Warb.
Hoya guisumbingii Kloppenburg
rizaliana
Kloppenbuqj
7. Marketing and buying illegally-caught fishHoya
& fishery
species
Hoya wayetii Kloppenburg
CENTROLEPIDACEAE
Centrolepis phillpplnensis Merr.
COMBRETACEAE
Terminalia darlingii Merr.
Malaputat
CYATHEACEAE
Cyathea acuminata Copel.
Tree fern
Cyathea apoensis Copel.
Tree fern
Cyathea atropurpurea Copel.
Tree fern
Cyathea binuangensis Alderw.
Tree fern
Cyathea callosa Christ
Tree fern

395

Cyathea caudata (J. Sm.) Copel.


Cyathea christii Copel.
Cyathea cinerea Copel.
Cyathea curranii Copel.
Cyathea edanoi Copel.
Cyathea ferruginea Christ
Cyathea fuliginosa (Christ) Copel.
Cyathea halconensis Christ
B. Failure to Comply with Report Requirements Cyathea heterochlamydea Copel.
Cyathea integra J. Sm. ex Hook.
Cyathea masapilidensis Copel.
Cyathea negrosiana Christ
CYCADACEAE
Cycas cumanii (Schuste.) K.D. Hill
Cycas edentata de Laubenf.
Cycas riuminiana Porte ex Regel
Cycas silvestris
Hill
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish K.D.
or Fishery
Products
Cycas wadei Merr.
DIPTEROCARPACEAE
1. Capture
of breeders, spawners, eggs or fry Anisoptera costata Korth.
Dipterocarpus eurynchus Miq.
Dipterocarpus philippinensis Foxw.
Hopea plagata (Blanco) Vidal
Shorea ovata Dyer ex Brandis
DRYOPTERIDACEAE
Dryopteris chrysocoma (Christ) Chr.
Dryopteris permagna M. G. Price
2. Construction
Fish longiciliata
Pens and Fish
EBENACEAE and Operation of Fish Corrals/Traps,
Diospyros
Merr.Cages
Diospyros philippinensis A. DC
Diospyros pilosanthera Blanco
Dlospyros pyrrhocarpa Miq.
ERICACEAE
Rhododendron subsessile Rendle
FABRONIACEAE
Merrilliobryum fabronioides Broth.
GESNERIACEAE
Agamyla bilirana Hilliard & BL Burtt
GRAMINEAE
Danthonia oreoboloides (F Muell.) Stapf
LAURACEAE
Cinnamomum oroi Quisumb.

396

Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Curran pitogo
Pitogong dagat
Pitogo
Palawan pitogo
Culion pitogo
Mindanao palosapis
Basilan apitong
Hairy-leafed apitong
Yakal saplungan
Tiaong
Itom-itom
O-oi
Bolong-eta
Anang
Ausip
Biliran lipstick plant
Pulag carpet grass
Oro kalingag

Cryptocarya palawanensis Merr.


Paren
Litsea leytensis Merr.
Batikuling
3. Failure to Comply with Standards
LEGUMINOSAE
Afzelia rhomboidea (Blanco) Vidal
Tindalo
lntsia bijuga (Colebr.) Kuntze
Ipil
Kingiodendron alternifolium (Elmer) Merr.
Batete
& Rolfe
Koompassia excelsa (Becc.) Taub.
Mangis
4. Fishing in overexploited or fishery management
Sindoraareas
supa Merr.
Supa
Strongylodon macrobotrys A Gray
Jade Vine/Tayabak
Sympetalandra densiflora (Elmer) Steen.
Kamatog
Wallaceodendron celebicum Koord.
Banuyo
LEJEUNEACEAE
Drepanolejeunea bakeri Herzog
LYCOPODIACEAE
Lycopodium halconense Copel.
Lycopodium magnusianum Herter
Lycopodium
phlegmaria
L.
5. Fishing without license or necessary permits or not complying with documentary requirements
Lycopodium salvinioides (Herter) Tagawa
Lycopodium squarrosum G. Forst.
MELASTOMATACEAE
Astrocalyx calycina (Vidal) Merr.
Tanghau
Beccananthus ickisii Merr.
lckis tungau
Beccarianthus pulchem'mus (Merr.)
Malintungau
Maxw.
6. Intrusion of licensed and unlicensed commercial
in municipal
Medinillafishers
banahaensis
Elmer waters
Kalambog-lambog
Medinilla calelanensis Elmer
Tiualos tatana
Medinilla dementis Merr.
Gubangbang
Merr.
Salanakad
7. Marketing and buying illegally-caught fishMedinilla
& fisherycompssicaulis
species
Medinilla comnata Regalado
Pagirang
Medinilla magnifica Lindl.
Kapa- kapa
Medinilla palawanensis Regalado
Palawan medinilla
Medinilla pendula Merr.
Baladu
Medinilla stenobotrys Merr.
Lalanug
Medinilla surigaoensis Regalado
Eastem Mindanao rnedinilla
Medinilla tayabensis Merr.
Mt. Binuang medinilla
MELIACEAE
Walsura monophylla Merr.
Bukalau

397

MYRISTICACEAE

Knema ridsdaleana de Wilde


Myristica colinridsdalei de Wilde
MYRTACEAE
Tristaniopsis littoralis (Merr.) Peter G.
Wilson 8 Waterhouse
Xanthostemon fruticosus Peter G. Wilson
& Co
Xanthostemon speciosus Merr.
Xanthostemon verdugonianus Naves
NEPENTHACEAE
B. Failure
to Comply with Report Requirements Nepenthes bellii Kondo
Nepenthes burkei Masters
Nepenthes deaniana Macfarlane
Nepenthes globamphora Sh Kurata &
Toyoshima
Nepenthes petiolata Danser
Nepenthes philippinensis Macfarlane
Nepenthes truncate Macfarlane
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Nepenthes ventricosa Blanco
OPHIOGLOSSACEAE
Ophioglossum pendulum L.
1. Capture of breeders, spawners, eggs or fry
ORCHIDACEAE
Aerides lawrenciae Reichb. f.
Amesiella philippinensis (Ames) Garay
Bulbophyllum stramineum Ames
Bulbophyllum whitfordli Rolfe
Coelogyne palawanense Ames
Corybas laceratus Williams
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens and Fish
Cages
Corybas
merrilli(Ames)
Ames
Corybas ramosianus J. Dransf.
Cymbidium aliciae Quisum b.
Cymbidium gonzalesli Quisum b.
Dendmbium lunatum Lindl.
Paphiopedilum ciliolam (Reichb. f.) Stein
Phalaenopsis fasciata Reichb. f.
Phalaenopsis gettrudeae Quisumb.
Phalaenopsis hieroglyphica (Reichb. f.)

398

Ridsdale tambalau
Ridsdale duguan
Taba
Sierra Madre mangkono
Palawan mangkono
Mangkono
Kondo Pitcher plant
Burke Pitcher plant
Macfarlane Pitcher plant
Globamphora Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Adders tongue
-

Sweet
Phalaenopsis intermedia Lindl.
3. Failure to Comply with Standards
Phalaenopsis leucorrhoda Reichb. f.
Phalaenopsis lindenii Loher
Phalaenopsis lueddemanniana Reichb. f.
Phalaenopsls pallens (Lindl.) Reichb. f.
Phalaenopsis portei Reichb. f
4. Fishing in overexploited or fishery management
areas pulchra (Reichb. f.) Sweet
Phalaenopsis
Phalaenopsls reichenbachiana Reichb. f.
& Sander
Phalaenopsis sanderiana Reichb. f
Phalaenopsis schilleriana Reichb. f.
Phalaenopsis schiller-stuartiana Rolfe
Phalaenopsis stuartiana Reichb. f.
Phalaenopsis
veitchiana
Reichb.
f.
5. Fishing without license or necessary permits or not complying with documentary requirements
Phalaenopsis virataii Quisum b.
Vanda javierae Tiu ex Fessel & Leukel
Vanda scandens Holltum
Vanda luzonica Loher ex Rolfe
Vanda merrilli Ames & Quisumb.
Vandopsis davisii Ames & Quisumb.
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
Vandopsis
kupperiana
Kraenzl.
Vandopsis leytensis Ames
PALMAE
Adonidia merillii (Becc.) Becc.
Manila Palm
camarinensis
Mono
7. Marketing and buying illegally-caught fishAreca
& fishery
species Becc.
Calamus balerensis Fernando
Malatandurang parang
Heterospathe brevicaulis Fernando
Marighoi-baba
Oncosperma platyphyllum Becc.
Anibong
Pinanga glaucifolia Fernando
Abiking-puti
Pinanga sobolifera Fernando
Salacca clemensiana Becc.
Lakaubi
PODOCARPACEAE
Podocarpus costalis C. Presl
Igem-dagat
Podocarpus lophatus de Laubenf.
Igem-pugot

399

Podocarpus palawanensis de Laubenf. &


Silba
Podocarpus rotundus de Laubenf.
POLYPODIACEAE
Lecanopteris deparioides (Cesati) Baker
Lecanopteris lomanoides (Mett.) Copel.
Lecanopteris luzonensis Hennip.
PTERIDACEAE
Pteris endoneura M.G. Price
ROSACEAE
Prunus pulgarensis (Elmer) Kalkm.
B. Failure to Comply with Report Requirements Prunus rubiginosa (Elmer) Kalkm.
RUBIACEAE
Boholia nematostylis Merr.
Mussaenda philippinensis Merr.
SAPINDACEAE
Cubilia cubili (Blanco) Adelb.
Dimocarpus longan Lour. ssp. & var,
malesianus Leenh.
Dimocarpus longan Lour. ssp. malesianus
Leenh. var.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
echinatus Leenh.
GIoeocarpus patentivaIvis (Radlk.) Radlk.
1. Capture of breeders, spawners, eggs or fry Guioa acuminata Radlk.
Guioa discolor Radlk.
Guioa myrladenIa Radlk
Guioa truncate Radlk.
Litchi chinensis Sonn. ssp. philippinensis
(Radlk.) Leenh.
SAPOTACEAE
Ganua
monticola
(Merr.)
Lam
2. Construction
and Operation of Fish Corrals/Traps,
Fish
Pens and
FishH.J.
Cages
Ganua obovatifolia (Merr.) Assem
Madhuca betis (Blanco) McBride
Madhuca oblongifolia (Merr.) Merr.
SELAGINELLACEAE
Selaginella atimonanensis B. C. Tan &
Jermy
Selaginella pricei B. C. Tan & Jermy
SIMAROUBACEAE
Eurycoma longifolia Jack ssp.
eglandulosa (Merr.) Noot. Linam

400

Palawan igem
Igem-bilogan
Mahabac
Ant fern
Ant fern
Gupit
Bakad pula
Kubili
Alupag lalaki
Alupag amo
Tamaho
Pasi
Alahan-puti
Ulas
Uyos
Alupag
Betis-bundok
Pianga
Betis
Malabetis
Linatog

TECTARIACEAE

3. Failure to Comply with Standards


THELYPTERIDACEAE
VERBENACEAE
WOODSIACEAE
ZINGIBERACEAE

Heterogonium wenzelii (Copel.) Holtt.


Tectaridium macleanii Copel.
Chingia urens Holtt.
Vitex parviflora Juss.
Diplazium egenolfioides M. G. Price
Hedychium philippinense K. Schum.

Molave/Molawin
Dainsuli

4. Fishing
overexploited
or fishery management areas
Category
C. in
Vulnerable
Species
FAMILY NAME
ACTlNlDlACEAE
ADIANTACEAE

SCIENTIFIC NAME
COMMON NAME
Saurauia bontocensis Merr.
Dagwey
Adiantum cupreum Copel.
Coppery maidenhair fern
Adiantum mindanaense Copel.
Mindanao maidenhair fern
Adiantum scabripes Copel.
Rough maidenhair fern
Doryopteris
cuspidata
Copel.
5. Fishing without license or necessary permits or not complying with documentary requirements
ALANGIACEAE
Alangium longiflorum Merr.
Malatapay
ANACARDIACEAE
Dracontomelon dao (Blanco) Merr. & Rolfe
Dao
Dracontomelon edule (Blanco) Skeels
Lamio
Koordersiodendron pinnatum (Blanco)
Amugis
Merr.
Mangifera affissima Blanco
Pahutan
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
Mangifera
merrillii
Mukherji waters
Pahong-liitan
Mangifera monandra Merr.
Malapaho
Semecarpus paucinervius Merr.
Ligas-ilanan
ANNONACEAE
scandens Elmer
Kalabuyo
7. Marketing and buying illegally-caught fish Dasymaschalon
& fishery species
Mitrephora caudata Merr.
Lanutan-buntolan
Mitrephora fragrans Merr.
Lanutan-banguhan
Mitrephora lanotan (Blanco) Merr.
Lanotan
Orophea creaghii (Ridley) Leonardia &
Tabingalang
Kessler
Orophea cumingiana Vldal
Mapatak
Polyalthia elmeri Merr.
Bangar
Polyalthia palawanensis Merr.
Palawan-lanutan

401

APOCYNACEAE

Kibatalia elmeri Woodson


Kibatalia merrilliana Woodson
Tabernaemontana cordata Merr.
AQUlFOLlACEAE
llex palawanica Loesen. ex Elmer
ARACEAE
Alocasia micholitziana Sander
Alocasia zebrine Schott ex van Houtte
ARALIACEAE
Arthrophyllum pulgarense Elmer
ARAUCARIACEAE
Agathis celebica (Koord.) Ward
B. Failure to Comply with Report Requirements Agathis philippinensis Warb.
ASCLEPIADACEAE
Hoya paziae Kloppen burg
Quisumbingia merrilli (Schltr.) Merr.
ASPLENIACEAE
Asplenium nidus L.
Asplenium vittaeforme Cav.
BEGONIACEAE
Begonia oxyspenna A. DC.
BIGNONIACEAE
Radennachera coriacea Merr.
BLECHNACEAE
Blechnum fraseri
Cunn.) Products
Luerss.
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
Fish or(A.Fishery
CELASTRACEAE
Glyptopetalum palawanense Merr.
COMBRETACEAE
1. Capture
of breeders, spawners, eggs or fry Tenninalia macrantha Merr. & Quisumb. ex
Rojo
Tenninalia surigaensis Merr.
CYATHEACEAE
Cyathea contaminans wall.) Copel.
Cyathea elmen (Copel.) Copel
Cyathea latipinnula Copel.
Cyathea oblique Copel.
2. Construction and Operation of Fish Corrals/Traps,
Fishphilippinensis
Pens and Fish
Cages
Cyathea
Baker
Cyathea robinsonii Copel.
Cyathea rufopannosa Christ
Cyathea setulosa Copel.
Cyathea sibuyanensis Copel.
Cyathea zamboangana Copel.
Dicksonia mollis Holtt.
DILLEN IACEAE
Dillenia reifferscheidia Villar
DIPTERIDACEAE
Diptens lobbiana (Blume) Moore

402

Elmer pasnit
Merrill pasnit
Sakang-manok
Palawan kalasan
Badlang
Higin
Palawan almaciga
Almaciga
Pugad-lawin
Dahu
Palawan surag
Bongoran
Dalinsoi
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Katmon-kalabau
-

DIPTEROCARPACEAE

Dipterocarpus gracilis Blume


Panao
Diptemarpus hasseffii Blume
Hasselt's Panao
3. Failure to Comply with Standards
Dipterocarpus kunstleri King
Broad-leafed apitong
Shorea almon Foxw.
Almon
Shorea contorta Vldal
White lauan
Shorea falciferoides Foxw. ssp.
Yakal-yamban
falciferoides
4. Fishing in overexploited or fishery management
Shoreaareas
negrosensis Foxw.
Red lauan
Show polyspenna (Blanco) Merr.
Tanguile
Shorea seminis (de Vriese) Slooten
Mala-Yakal
Vatica mangachapoi Blanco ssp.
Narig
mangachapoi
Vatica mangachapoi Blanco ssp. obtusifola Palawan narig
(Elmer)
Ashton
5. Fishing without license or necessary permits or not complying with documentary requirements
Vatica maritima Slooten
Narig laot
EBENACEAE
Diospyros curranii Merr.
Malagaitmon
Diospyros ferrea (Wild.) Bakh. var.
Bantulinaw
buxifolia (Rottb.) Bakh.
Diospyros mindanaensis Merr.
Ata-ata
EUPHORBIACEAE
Balakata luzonica (Vidal) Esser
Balakat-gubat
Securinega
flexuosa
Muell.-Arg
.
Anislag
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
FAGACEAE
Lithocarpus apoensis (Elmer) Rehd.
Apo oak
Lithocarpus jordanae Laguna
Katiluk
GESNERIACEAE
Aeschynanthus cuernosensis Schltr.
Cuernos lipstick plant
7. Marketing and buying illegally-caught fish & fishery species
Aeschynanthus curvicalyx Mendum
Cleopatra's lipstick plant
Aeschynanthus elmeri Mendum
Elmer's lipstick plant
Aeschynanthus firmus Kraenzl.
Lanao lipstick plant
Aeschynanthus littoralis Schltr.
Davao lipstick plant '
Aeschynanthus madulidii Mendum
Madulid's lipstick plant
Aeschynanthus miniaceus BL Burtt & PJB
Pamingkauan
Woods
Aeschynanthus nervosus Schltr.
Chila

403

Aeschynanthus ovatus Schltr.


Aeschynanthus pergracilis Kraenzl.
Aeschynanthus truncatus Schltr.
Agamyla biflora (Elmer) Hilliard & BL Burtt.
Agamyla calelanensis (Elmer) Hilliard & BL
Burtt
Agamyla glabra (Merr.) Hilliard & BL Burtt
Agamyla montistomasi Hilliard & BL Burtt
B. Failure to Comply with Report Requirements Agamyla parvilimba Hilliard & BL Burtt
Agamyla persimilis Hilliard 8 BL Burtt
Agamyla rotundiloba Hilliard & BL Burtt
Agamyla samarica Hilliard & BL Burtt
Agamyla sibuyanensis Hilliard & BL Burtt
Agamyla urdanentensis (Elmer) Hilliard &
BL Burtt
GUlTIFERAE
Calophyllum laticostatum PF Stevens
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
HAMAMELIDACEAE
Embolanthera spicata Merr.
LAURACEAE
Cinnamomum mercadoi Vidal
1. Capture of breeders, spawners, eggs or fry
Cryptocarya ampla Merr.
LEGUMINOSAE
Cynometra inaequifolia A. Gray
Pericopsis mooniana Thwaites
Sindora inermis Merr.
Strongylodon elmeri Merr.
LYCOPODIACEAE
Lycopodium carinatum Desv.
MELASTOMATACEAE
Medinilla
Merr
2. Construction
and Operation of Fish Corrals/Traps,
Fishdolichophylla
Pens and Fish
Cages
MELIACEAE
Aglaia angustifolia Miq.
Aglaia cumingiana Turcz.
Aglaia edulis (Roxb). Wall
Aglaia rimosa (Blanco) Merr.
Aglaia smithii Koord .
Aglaia tenuicaulis Hiem
Aphanamis polystachya (Wall.) RN Parker
Dyxosylum angustifolium (Merr.) Hams

404

Round-leafed lipstick plant


Slender lipstick plant
Truncate lipstick plant
Twin-flowered lipstick plant
Tasik-sa-lomot
Smooth lipstick plant
Benguet lipstick plant
Leyte lipstick plant
Agusan lipstick plant
Round-lobed lipstick plant
Samar lipstick plant
Sibuyan lipstick plant
Balibadon
Thick-veined bitanghol
Paningit
Kalingag
Bagarilau
Dila-dila
Makapilit
Kayugalo
Bindanugan
Gunang
Kaniuing kitid
Alauihau
Malasaging
Balubar
Batukanag
Oksa
Kangko
Tarublang

Dyxosylum oppositifolium F. M uell.


Kayatau
Artocarpus rubrovenius Warb.
Kalulot
Artocatpus treculianus Elmer
Pakak
MYRISTICACEAE
Horsfielda samarensis de Wilde
Samar yabnob
OPHIOGLOSSACEAE
Botrychium daucifolium Wall.
Grape fern
Botrychium lanuginosum Wall.
Grape fern
ORCHIDACEAE
Aerides leeana Reichb. f.
4. Fishing in overexploited or fishery management
areas sanderae Rolfe
Dendrobium
Epigeneium treacherianum Reichb. f. ex
Hook. f.) Summerhayes
PALMAE
Areca hutchinsoniana Becc.
Pisa
Areca ipot Becc.
Bungang-ipot
Areca macrocarpa Becc.
Bungang lakihan
Corypha microciada Becc.
Biliran buri
Livistona
robinsoniana
Becc.
Kayabing
5. Fishing without license or necessary permits or not complying with documentary requirements
PANDANACEAE
Sararanga philipplnensls Merr.
Bagaas (Panay), Abasanay (Waray)
POLYPODIACEAE
Aglaomorpha acuminata (Willd .)
Libagod
Hovenkam p
Aglaomorpha cornucopia (Copel) Roos
Aglaomorpha heraclea (Kunze) Copel.
Saraukong
Aglaomorpha meyeniana (Hook.) Schott
6. Intrusion of licensed and unlicensed commercial
fisherspilosa
in municipal
Aglaomorpha
(Hook & waters
Bauer)
Copel.
Aglaomorpha splendens (Hook. & Bauer)
7. Marketing and buying illegally-caught fish Copel.
& fishery species
Drynaria quercifolia (L.) J. Sm.
Pakpak-lawin
Goniophlebium terrrestre Copel.
Microsorum punctatum (L.) Copel.
Barauwai
Microsorum sarawakense (Baker) Ching
Microsorum scolopendria (Bum. f.) Copel.
Barawetku
Pyrrosia splendens (C. Presl) Ching
Turko
PSILOTACEAE
Psilotum complanatum Sw.
Flat whisk fern
Psilotum nudum (L.) Beauv.
Whisk fern
MORACEAE
3. Failure to Comply with Standards

405

Tmesipteris lanceolata Dang


Taenitis cordatum (Gaud.) Holtt.
Antherostele banahaensis (Elmer) Bremek.
Antherostele callophylla Bremek.
Antherostele grandistipula (Merr.) Bremek.
Antherostele luzoniensis (Merr.) Bremek.
Badusa palawanensis Ridsd.
Mussaenda acuminatissima Merr.
B. Failure to Comply with Report Requirements Mussaenda attenuifolia Elmer
Mussaenda chlorantha Merr.
Mussaenda setosa Merr.
Myrmephytum beccarii Elmer
Myrmecodia tuberosa Jack
Villaria fasciculiflora Quisumb. & Mew.
RUTACEAE
Zanthoxylum integrifolium (M err.) Merr.
SAPOTACEAE
Palaquium Fish
luzoniense
(Femandez-Villar)
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
or Fishery
Products
Vidal
Palaquium mindanaense Merr.
1. Capture of breeders, spawners, eggs or fry
Palaquium philippense (Perr.) C. Roblnson
Pouteria villamilii (Merr.) Baehni
SELAGINELLACEAE
Selaginella magnifica Warb.
Selaginella tamariscina (Beauv.) Spring
TECTARIACEAE
Tectaria stalactica M. G. Price
THELYPTERIDACEAE
Chingia paucipaleata Holtt.
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens
and Fish Cages
Chingia
pricei
Holtt.
Christella subdentata Holtt.
Coryphopteris squamipes (Copel.) Holtt.
Cyclogamma auriculata (J. Sm.) Ching
VERBENACEAE
Clerodendrum macrocalyx H. J. Lam
Clerodendrum mindorense Merr.
WOODSIACEAE
Comopteris lrigense (Copel.) M. G. Price
Diplazium costulisorum C. Presl
Diplazium cultratum C. Presl
PTERIDACEAE
RUBIACEAE

406

Palawan palak
Katudai
Bungag
Sigidago
Sibuyan ant plant
Burebid
Otto
Salai
Red nato/ nato
Pinulog
Malak-malak
Villamil nato/ White nato
Bagab
-

3. Failure to Comply with Standards


ZINGIBERACEAE

Diplazium propinquum (Copel.) Alderw.


Gymnocarpium oyamense (Baker) Ching
Adelmeria paradoxa (Ridley) Merr.
Leptosolena haenkei C. Presl

Parapat
Banai

Category D. Other Threatened Species


4. Fishing in overexploited or fishery management areas
FAMILY NAME
BURSERACEAE

SCIENTIFIC NAME
COMMON NAME
Canarium luzonicum (Blume) A.Gray
Piling-liitan
Canarium ovatum Engl.
Pili
Protium connarifolium (Perkins) Merr.
Marangub
DILLENIACEAE
Dillenia fischeri Merr.
Fischer Katmon
Dillenia luzoniensis (Vidal) Martelli ex
Malakatmon
5. Fishing without license or necessary permits
or not
complying with documentary requirements
Durand
& Jackson
ELAEOCARPACEAE
Elaeocarpus dinagatensis Merr.
Dinagat-konakan
Elaeocarpus gigantifolius Elmer
Nabol
EUPHORBIACEAE
Antidesma obliquinervium Merr.
Aniam
Antidesma subolivaceum Elmer
Aniam-Gubat
Drypetes palawanensis Pax & Hoffm.
Tombong-uak
Macaranga
congestiflora
Merr.waters
Amublit
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
FAGACEAE
Lithocarpus luzoniensis (Merr.) Rehd.
Kilog
Lithocarpus ovalis (Blanco) Rehd.
Mangasiriki
FLACOURTIACEAE
Hydnocarpus alcalae C DC
Dudua
7. Marketing and buying illegally-caught fishXylosma
& fishery
species
palawanense
Mendoza
Mansalay
GESNERIACEAE
Monophyllaea longipes Kraenzl .
North luzon one-leafed plant
Monophyllaea merrilliana Kraenzl.
Sabongaiahon
LABIATAE
Plectranthus apoensis (Elmer) H Keng
Kalalapo-bulan
Plectranthus merrilii H Keng
Bungbungtit
LAURACEAE
Cinnamomum iners Reinw. ex Blume
Clove cinnamon
Eusideroxylon zwageri Teysm. & Binn.
Tambulian (Borneo iron wood)
Persea philippinensis (Merr.) Elmer
Kulilisiau
LEGUM INOSAE
Adenanthera intermedia Merr.
Tanglin

407

Entada rheedii Sprengel


Luzonia purpurea Elmer
Parkia harbesonii Elmer
LOMARIOPSIDACEAE
Lomagramma pedicellataCopel.
MELIACEAE
Aglaia ahemiana Perkins
Aglaia costata Elmer ex Merr.
Sandoricum vidalii Menill
MYRISTICACEAE
Knema alvarezii Merr.
B. Failure to Comply with Report Requirements Knema stenocarpa Warb.
Myristica basilanica de Wilde
Mynynsticfan rghra de Wild e
Myristica longipetiolata de Wilde
Myristica philippensis Lamk.
Myristica pilosigemma de Wilde
MYRSINACEAE
Ardisia romanii Elmer
MYRTACEAE
Kania microphylla
& Merr.)
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
Fish or(Quisumb.
Fishery Products
Peter G. Wilson
Kania urdanetensis (Elmer) Peter G.
1. Capture of breeders, spawners, eggs or fry
Wilson
Metrosideros halconensis (Merr.) Dawson
Syzygium cagayanense (Merr.) Merr.
Syzygium ciliato-setosum (Merr.) Merr.
Syzygium densinervium (Merr.) Merr.
Syzygium panduriforme (Elmer) Merr.
2. Construction and Operation of Fish Corrals/Traps,
Fishsubrotundifolium
Pens and Fish Cages
Syzygium
(C. Robinson)
Merr.
PANDANACEAE
Pandanus basilocularis Martelli
POLYPODIACEAE
Arthromeris proteus (Copel.) Tagawa
Christopteris sagitta (Christ) Copel.
RHAMNACEAE
Ziziphus hutchinsonii Merr.
Ziziphus talanai (Blanco) Merr.
ROSACEAE
Runus subglabra (Merr.) Kalkm.
Rosa luciae Franch. & Rochbr. ex Crepin

408

Gugo
Baloktot
Butad
Alamag
Manabiog
Malasantol
Duhao
Libago
Basilan duguan
Duguan
Roman tagpo
Tigang-liitan
Sambulanan
Magadhan
Amtuk
Lakangan
Salakadan
Lauig-lauigan
Kalogkog-dagat
Olango
Cacam-cam
Lumuluas
Balakat
Kanumog
Kuyaob

Rosa transmorrisonensis Hayata


Rubus heterosepalus Merr.
3. Failure to Comply with Standards
SAPINDACEAE
Guioa bicolor Merr.
SYMPLOCACEAE
Symplocos polyandra (Blanco) Brand.
TECTARIACEAE
Tectaria adenophora Copel.
URTICACEAE
Astrothalamus reticulatus (Wedd.) C
Robinson
4. Fishing in overexploited or fishery management
areas
WOODSIACEAE
Diplazium
calliphylum (Copel.) M. G. Price
Diplazium macrosorum (Copel.) M. G.
Price
Diplazium sibuyanense (Copel.) Alderw.
Diplazium vestitum C. Presl
ZINGIBERACEAE
Vanovrberghia sepulchrei Merr

Pauikan
Tukong
Kaninging
Balakbakan
Lapnai
Agbab

5. Fishing without license or necessary permits or not complying with documentary requirements

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

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

409

AnnexAnnex
Annex
9.Annex
List9.9.
ofList
9.List
Hazardous
List
of
ofof
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
in
Wastes
DENR
ininin
DENR
DENR
Administrative
DENR
Administrative
Administrative
Administrative
OrderOrder
04-36
Order
Order
04-36
04-36
04-36
CLASSIFICATION
CLASSIFICATION
CLASSIFICATION
OF
OFOF
HAZARDOUS
HAZARDOUS
HAZARDOUS
WASTES
WASTES
CLASSIFICATION
OF HAZARDOUS
WASTESWASTES
Table
Table
Table
2.1
2.12.1
presents
presents
presents
the
thethe
Classification
Classification
Classification
ofofPrescribed
of
Prescribed
Prescribed
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
while
while
while
Table
Table
Table
2.2
2.22.2
presents
presents
presents
the
thethe
exempted
exempted
exempted
wastes
wastes
wastes
Table 2.1
presents
the
Classification
of Prescribed
Hazardous
Wastes
while
Table
2.2
presents
the
exempted
wastes
under
under
under
this
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Should
Should
Should
there
there
be
be
be
other
other
other
wastes
wastes
wastes
not
listed
listed
listed
in
in both
inboth
both
tables,
tables,
tables,
the
thethe
results
results
results
ofof the
ofthethe
toxicity
toxicity
toxicity
under this
Procedural
Manual. Manual.
Should
there
bethere
other
wastes
not
listednot
innot
both
tables,
the
results
of
the
toxicity
characteristics
characteristics
leaching
leaching
leaching
procedure
procedure
procedure
(TCLP)
(TCLP)
(TCLP)
shall
shall
be
beused
be
used
used
inindetermining
in
determining
determining
whether
whether
thethe
said
said
said
wastes
wastes
wastes
are
areare
hazardous
hazardous
hazardous
and
and
and
characteristics
leaching
procedure
(TCLP)
shall
be shall
used
in
determining
whether whether
the
said the
wastes
are
hazardous
and
B. Failure
tocharacteristics
Comply
with Report
Requirements
covered
covered
by
bythis
by
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Manual.
covered covered
by
this
Procedural
Manual.
Table
Table
2.1
2.12.1
Classification
Classification
Classification
ofofHazardous
of
Hazardous
Hazardous
Wastes
Wastes
Wastes
Table 2.1Table
Classification
of Hazardous
Wastes
Class
Class
Class Class

Description
Description
Description
Description

Waste
Waste
Waste Waste
Number
Number
Number Number

C. Illegal
Fishing
Activities
and
Dealing in Illegally-Caught Fish or Fishery Products
A: Wastes
A:A:
with
Wastes
A:
Wastes
Wastes
Cyanide
with
with
with
Cyanide
Cyanide
Cyanide
Wastes with
Wastes
Wastes
Wastes
cyanide
with
with
with
cyanide
cyanide
cyanide
Waste containing
Waste
Waste
Waste
containing
containing
cyanide
containing
with
cyanide
cyanide
cyanide
concentration
with
with
with
concentration
concentration
concentration
> 70 mg/L
>>70
in70
>liquid
mg/L
70
mg/L
mg/L
ininliquid
liquid
in liquid A101
1. Capture of breeders, spawners, eggs or
fry Refer
waste.
waste.
waste.
waste.
to CCO.
Refer
Refer
Refer
totoCCO.
to
CCO.
CCO.

A101
A101
A101

B: Acid Wastes
B:B:Acid
B:
Acid
Acid
Wastes
Wastes
Wastes
Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
acid
acid
acid

Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid
acid
acid
acid
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
2. Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
Nitric acidNitric
Nitric
Nitric
acid
acid
acid
Nitric acidNitric
Nitric
with
Nitric
acid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B201

B201
B201
B201

B202

B202
B202
B202

B203

B203
B203
B203

Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
acid
acid
acid

Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B204

B204
B204
B204

Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid
acid
acid
acid

Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B205

B205
B205
B205

Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid

Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
hydrochloric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid
with pH <with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B206

B206
B206
B206

Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
acid
acid
acid

Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B207

B207
B207
B207

Organic acid
Organic
Organic
Organic
acid
acid
acid

Organic acid
Organic
Organic
Organic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0

B208

B208
B208
B208

410

Other acid wastes

3. Failure to Comply with Standards


C: Alkali Wastes
Caustic soda

Acid wastes other than B201 to B208


with pH < 2.0

B299

Caustic soda with pH > 12.5

C301

Potash
Potash with pH > 12.5
4. Fishing
in overexploited or fishery Alkaline
management
areas
Alkaline
cleaners
cleaners
with pH > 12.5

C302

Ammonium hydroxide

C304

Ammonium hydroxide with pH > 12.5

C303

Lime slurries

Lime slurries with pH > 12.5

C305

Other alkali wastes

Alkali wastes other than C301 to C306


pH > 12.5

C399

D:
Wastes with
Inorganic
Chemicals
5. Fishing
without
license
or necessary permits or not complying with documentary requirements
Selenium and its
Includes all wastes with a total Se
compounds
concentration > 1 mg/L based on analysis of an extract
Arsenic and its
Includes all wastes with a total As
compounds
concentration > 1 mg/L based on analysis of an extract
Barium and its
Includes all wastes with a total Ba concentration > 70 mg/L
compounds
based
on analysis
of an in
extract
6. Intrusion of licensed and unlicensed
commercial
fishers
municipal waters
Cadmium and its
Includes all wastes with a total Cd
compounds
concentration > 5 mg/L based on analysis of an extract
Chromium compounds
Includes all wastes with a total Cr
7. Marketing and buying illegally-caught
fish & fishery
species
concentration
> 5 mg/L
based on analysis of an extract
Lead compounds
Includes all wastes with a total Pb
concentration > 1 mg/L based on analysis of an extract
Mercury and mercury
Includes all wastes with a total Hg
compounds
concentration > 0.1 mg/L based on analysis of an extract.
These also includes organomercury compounds. Refer to
CCO.
Fluoride and its
Includes all wastes with a total F
compounds
concentration > 100 mg/L based on analysis of an extract

411

D401
D402
D403
D404
D405
D406
D407

D408

E: Reactive Chemical Wastes


Oxidizing agents

Includes all wastes that are known to contain oxidizing agents in


concentration
that cause the waste to exhibit any of the following properties:

E501

It is normally unstable and readily undergoes violent


change without detonating

It reacts violently with water

It forms potentially explosive mixtures with water


B. Failure to Comply with Report Requirements

When mixed with water, it generates toxic gases, vapor or fumes


in a quantity sufficient to present a danger to human health
It is a cyanide (CN) or sulfide (S) bearing wastes, which when exposed
to pH conditions between 2 and 12.5 can generate toxic gases, vapors
and fumes in a quantity that poses a danger to human health
Reducing agents
Includes all wastes that are known to
C. Illegal Fishing Activities and Dealing incontain
Illegally-Caught
Fish or
Fishery Products
reducing agents
in concentration
that cause the waste to
exhibit any of the following properties:
1. Capture of breeders, spawners, eggs or
fry It is normally unstable and readily undergoes violent
change without detonating

It reacts violently with water

It forms potentially explosive mixtures with water

When mixed with water, it generates toxic gases,


vapors, or fumes in a quantity sufficient to present a danger to
human health
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

Explosive and unstable


chemicals

It is a cyanide (CN) or sulfide (S) bearing wastes, which when


exposed to pH conditions between 2 and 12.5 can generate
toxic gases, vapors and fumes in a quantity that poses a danger
to human health
Includes all wastes that are 1) capable of detonation or
explosive reaction when subject to a strong initiating source or
when heated under confinement, or 2) capable of detonation or
explosive decomposition at a temperature of 20oC and

412

E502

E503

Pressure of 1 atm.
Highly reactive
Includes all other wastes that exhibit any
3. Failure to Comply with Standards of the properties described for D501, D502, and D503.
chemicals
F: Inks/Dyes/Pigments/Paint/ Resins/Latex/Adhesives/Organic Sludge
Solvent based
Includes all solvent based wastes that also meet one or more of
the sub- categories
Inorganic pigments
Includes all wastewater treatment sludge
the production
4. Fishing in overexploited or fishery from
management
areasof inorganic pigments
Ink formulation
Includes all solvent washings and sludge,
caustic washings and sludge or wastewater and sludge from cleaning
of tubs and equipment used in the formulation of ink from pigments,
driers, soaps, and stabilizers containing Chromium and Lead.
G: Waste Organic Solvent
Halogenated organic
Includes the ff. spent halogenated
solvents
solvents:
5. Fishing without license or necessary
permits or not complying
with documentary
Tetrachloroethylene,
trichlororethylene,
methylene requirements
chloride, 1,1,1,
Trichloroethane, carbon tetrachloride,
chlorobenzene, 1,2,2 Trichloroethane, chlorinated flouro-carbons if they
contain a total of 10% or more (by volume) of one or more of the above
before use; it also includes all still bottoms from recovery of these
solvents and solvent mixtures
Non-halogenated
organicand
solvents
Includes
the ff. non-halogenated
solvents:
Xylene, acetone, ethyl
6. Intrusion of licensed
unlicensed
commercial
fishers in municipal
waters
acetate, ethyl
benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanol, methanol, cresol, cresylic acid, nitro- benzene, toluene,
7. Marketing and buying illegally-caught
fishdisulfide,
& fisheryisospecies
Carbon
butanol, pyridine, benzene, 2-ethoxy ethanol and 2 nitropropane and
other non-halogenated organic solvents if they contain a total of 10% or
more (by volume) of one or more of these solvents before use; it also
includes all still bottoms from recovery of these solvents and solvent
mixtures
H: Putrescible/Organic Wastes
Grease trap wastes
Includes all establishments that generate
from industrial or commercial
grease trap waste

413

E599
F602
F603
F610

G703

G704

H802

premises
I: Oil
Waste oils
J: Containers
Containers previously containing
toxic chemical substances

Includes all wastes from establishments


that generate, transport, or treat waste oil

Waste containers that used to hold the toxic chemical substances


listed in Classes A, B, C, D, E, and L, sub- categories M504 and
M505, and the chemicals listed in the Priority Chemical List.
B. Failure to Comply with Report Requirements
Containers that used to contain Polychlorinated biphenyl (PCB)
are categorized as L406 and excluded from this sub-category.
K: Stabilized Waste
Solidified wastes and
Wastes whose hazardous substances are
polymerized wastes
physically immobilized by consolidation to reduce the surface area
of the wastes in order to meet the waste acceptance criteria
Chemically fixed wastes
Wastes whose hazardous substances are
C. Illegal Fishing Activities and Dealing inchemically
Illegally-Caught
Fishthrough
or Fishery
Products
immobilized
chemical
bonds to an immobile matrix
or chemical conversion to meet the waste acceptance criteria
1. Capture
of breeders,
fry whose hazardous substances are
Encapsulated
wastesspawners, eggs or
Wastes
physically immobilized by enveloping the waste in a non-porous,
impermeable material in order to store hazardous wastes until such time
that an accredited disposal facility is available
L: Organic Chemicals
Wastes with specific
Non-liquid waste containing the following:
non-halogenated toxic organic
- Tri-butyltin
2. Construction
Fish Pens and Fish Cages
chemicals and Operation of Fish Corrals/Traps,
- 1,2-diphenylhydrazine
- Benzene
Ozone depleting
Waste chlorofluorocarbons (CFCs) and
substances
halons.
Recovered coolant containing
chlorofluorocarbons (CFCs) or halons. Refer to CCO.
Polychlorinated
Wastes contaminated with PCBs and
Biphenyls (PCBs)
waste products containing PCBs. Refer to
wastes
CCO.

414

I101
J201

K301
K302
K303

L401

L402

L406

M: Miscellaneous Wastes
Pathological or
Includes medical wastes from hospitals,
3. Failurewastes
to Comply with Standards medical centers and clinics containing pathological, pathogenic
infectious
and infectious wastes, sharps, and others
Asbestos wastes
Wastes containing friable asbestos. Waste blue and brown
asbestos fibers. Refer to CCO.
Pharmaceuticals and
Expired pharmaceuticals and drugs
drugs
at producers
4. Fishing in overexploited or fishery stocked
management
areas and retailers facilities which contain hazardous
constituents harmful to the environment such as antibiotics,
veterinary and phytopharmaceuticals and others
Pesticides
Waste pesticides other than M505.
Includes all wastewater sludge with hazardous constituents from
production of pesticides other than those listed in M505.
Persistent Organic
Waste pesticides listed in the Stockholm
Pollutants (POPs)
Convention (POPs Convention) such as aldrin, chlordane, dieldrin,
5. Fishing without license or necessary
permits
or not complying
with documentary
requirements
pesticides
endrin,
heptachlor,
hexachlorobenzene,
mirex,
toxaphene, and DDT.
Waste from electrical and electronic
Waste from electrical and electronic equipment that contain hazardous
equipment (WEEE)
components such as lead, cadmium, mercury, hexavalent chromium,
polybrominated biphenyls and polybrominated diphenyl ethers
Special Wastes
Household hazardous wastes such as paints,
thinners,
household
batteries,
lead-acid
6. Intrusion of licensed and unlicensed
commercial
fishers
in municipal
waters
batteries, spray canisters and the like that are consolidated by Material
Recovery Facilities (MRF).
These
wastes
from residential and commercial sources that
7. Marketing and buying illegally-caught
fishinclude
& fishery
species
comprise of bulky wastes, consumer electronics, white goods, yard
wastes that are collected separately, batteries, oil, and tires.

415

M501
M502
M503

M504
M505

M506
M507

Table 2.2 Exempted Wastes


Description
Household waste such as garbage under RA 9003
Industrial and commercial wastewaters which are disposed of on-site
through the sewerage system
Industrial and commercial solid wastes which do not contain hazardous

B. Failure
Report
wastesto
asComply
identifiedwith
in Table
2.1Requirements
Materials from building demolition except asbestos
Septic tank effluents and associated sullage wastewaters
Untreated spoils from mining, quarrying and excavation works but not
materials in the nature of tailings, commercially treated materials and mine facility consumables

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


1. Capture of breeders, spawners, eggs or fry

2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages

416

Directory of Key Officials Regional & Provincial Law Enforcement Agencies


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

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


Abra
PENRO, Abra
Casamata Hills, Bangued, Abra
CENRO, Bangued
FMS NRD 1-13, Pacdal, Baguio
City
CENRO, Lagangilang
Lagangilang, Abra
Apayao

417

(074) 752-8252 penro a b r a 1 9 8 7 @ y a h o o . c o m


(074) 662-0890
0916-1540660

PENRO, Apayao Concurrent


CENRO, Calanasan
CENRO, Conner
CENRO, Luna

San Isidro, Luna, Apayao


Sta. Felomina, Calanasan,
Apayao
Conner, Buluan, Apayao
Payanan, Luna, Apayao

Benguet
PENRO, Benguet
Nursery Compound, Pacdal,
Baguio City
B. Failure to Comply with Report Requirements
CENRO, Baguio City
FMS, NRD-1-13, Pacdal,
B.C.
CENRO, Buguias
Abatan, Buguias, Benguet
CENRO, La Trinidad
Wangal, La Trinidad, Benguet

0919-4636933

(074) 442-7446
(074) 442-7316
(074) 442 - 8316
(074) 442 - 2686

Ifugao
PENRO, Ifugao
Bannit, Payawan, Lamut, Ifugao
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
CENRO, Alfonso Lista
Alfonso Lista, Ifugao
CENRO, Lamut
Bannit, Payawan, Lamut, Ifugao
1. Capture of breeders, spawners, eggs or fry
Kalinga
PENRO, Kalinga
CENRO, Pinukpuk
CENRO, Tabuk

Bulanao, Tabuk, Kalinga


Pinukpuk Junction, Kalinga
Magsaysay, Tabuk, Kalinga

Mountain Province
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO, Mountain Province
Bontoc, Mountain Province
CENRO, Paracelis
Paracelis, Mountain Province
CENRO, Sabangan
Sabangan, Mountain Province
Regional Office/Position
Regional Executive Director

Region 1 - Ilocos Region


Address
Government Center, Sevilla, City
of San Fernando, La Union

418

( 074 ) 872 - 2179


(074) 872 - 2216

(074) 606-8094
(074) 462-41-30
(074) 606 8094
Contact Number/Email Address
(072) 700-5952
Fax No. (072) 888-3833

2nd Floor, Lee Building, Lingsat,


San Fernando City, La Union
3. FailureDirector
to Comply
with StandardsLee Bldg., (La Tondea) Lingsat,
Regional
for Mines
San Fernando, La Union
Regional Director for Environment

(072) 700 - 2448


Fax No. (072) 700-2449
TeleFax: (072) 242 2777
0918-919-17-98
mgb1@sflu.com
044-2426201 | 0927-4189566

Regional Technical Director for


2nd Floor, Doa Pepita Building,
Forest Management Service
Quezon Ave., San Fernando City,
Union
4. Fishing in overexploited or fisheryLamanagement
areas
Regional Technical Director for
2nd Floor, ICVI Building, Quezon
(072) 888-5844 | 0919-897-71-00
Land Management Service
Ave., San Fernando City, La Union
Regional Technical Director for
Boy Scout Bldg, Gov. Aguila Rd,
044-2425342 | 0927-2686626
Ecosystems Research and
San Fernando City La Union
Development Service
Regional Technical Director
3rd Floor, ICVI Building, Quezon
(072) 700-4421 | 0916-549-54-90
Ave., San Fernando City, La Union
Protected Areas and Wildlife
5. Fishing without
Management
Servicelicense or necessary permits or not complying with documentary requirements
Ilocos Norte
PENRO, Ilocos Norte

PFDPIN Bldg., Laoag City, Ilocos


(077) 771- 1475 / 770 - 3914 773 - 1465 / 770 - 3914 /
Norte
722-0254
CENRO, Bangui
Bangui, Ilocos Norte
(044)-622-0434
CENRO,
Laoag
City
Brgy.
Barit, Laoagfishers
City in municipal waters
771-1476 / 770-3407
6. Intrusion
of licensed
and unlicensed
commercial
Ilocos Sur
PENRO, Ilocos Sur
PleteBldg. Cor. Rizal Ave.,
7. Marketing and buying illegally-caught
fish & fishery
LiberatoBlvd.,
Vigan,species
Ilocos Sur
CENRO, Tagudin
Bitalag, Tagudin, Ilocos Sur (thru
Radio)
CENRO, Vigan City
81 Quirino Blvd., Vigan, Ilocos Sur
La Union
PENRO, La Union
CENRO, San Fernando City

Magdalena Peralta Bldg., Quezon


Ave., San Fernando City, La Union
Magdalena Peralta Bldg., Quezon

419

(077) 722 -3587 | 722- 2022

722-21-53 / 722-3587 |
(072) 242-10-38 | 242-3780
888-27-93/242-7858

Ave., San Fernando City, La Union


Pangasinan
PENRO, Pangasinan

DENR Compound, AB Fernandez


West, Dagupan City
CENRO, Alaminos City
Alaminos, Pangasinan
CENRO, Dagupan City
Bonuan, Tondaligan, Dagupan
City
CENRO,
City Report Requirements
Brgy. Anonas, Urdaneta City,
B. Failure
toUrdaneta
Comply with
Pangasinan

(075) 515-40-02 / 522-7422


522-70-20/551-6482
522-35-01/515-35-77
075-588-8122 | 075-5688822

Region 2 - Cagayan Valley


Address
Contact Number/Email Address
Nursery Compound, Tuguegarao,
(078) 304-8049
Cagayan
r2@denr.gov.ph
Regional Director for Environment
Nursery Compound, Tuguegarao,
844-43-21
C. Illegal Fishing Activities and Dealing Cagayan
in Illegally-Caught Fish or Fishery Products