NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES ) . AUG 0 2 28;
First Regular Session ) ——
.. Lam
HOUSE OF REPRESENTATIVES + ot

H.B. No. 2959

Introduced by Representative Reynante U, Arrogancia

EXPLANATORY NOTE

The Philippines, an archipelago of more than 7,100 islands and with rich marine life

cons

sts of a coastline length of 36, 289 sq. km, coastal waters of 266,000 sq. km. and oceanic
water area of 1,934,000 sq km. In the 2020 Philippine Fisheries Profile issued by the Bureau
of Fisheries reported that in 2018, the Philippines ranked 8th among the top fish producing
countries in the world with its total production of 4.35 million metric tons (MT) of fish.
crustaceans, mollusks, and aquatic plants (including seaweed). Based on the Municipal
Fisherfolk Registration System or FishR 2020 data, 1.03 million fisherfolk or nearly half
(49.50%) of the total 2.08 million registered fisherfolk are engaged in capture fishing.'

With the vast breadth and depth of our marine life and coastal waters. different

government agencies such as the Department of Agriculture-Bureau of Fisheries and Aquatic

Resources (DA-BFAR), Philippine National Police Maritime Group. Philippine Coast Guard

and the Philippine Navy are mandated to enforce fisheries and environmental laws which given
the vastness the area they cannot fully cover or enforce their mandate. Hence, the Bantay Dagat
program came into fruition which is a community-based law enforcement institution composed
of fisherfolk in coastal villages or barangays on volunteer to assist in enforcing national laws

and local ordinances on fishing and the environment

‘The Bantay Dagat known as the Deputy Sea Wardens or Sea Rangers serves as a

community based seaborne law enforcement team of local government units in various

cme i go pNwmconenie/ 2270720 whee oleate


fisheries and environment protection laws. They play a critical role as the frontliners that deter
the devastation of the marine life and resources in the locality. However, there is a need to

institutionalize the Bantay Dagat, provide them appropriate incentives, social protection and

the proper training in order for them to continue safeguarding the municipal waters despite the

dangers and hazards they face.

In view of the foregoing, the passage of the bill is earnestly sought. A similar measure
has been filed in the House of Representatives and in the Senate initially authored by Rep.
Francisco Jose Matugas II and Sen. Risa Hontiveros, respectively, and it is hoped that in the

19” Congress, this bill be passed to become a law.

REP. REYNANTE U. ARROGANCIA
3 DistrictQuezon Province



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NINETEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
- a
H.B.No,_ 2989

Introduced by Rep. Reynante U. Arrogancia

AN ACT
INSTITUTIONALIZING BANTAY DAGAT AND GRANTING BENEFITS TO
ACCREDITED BANTAY DAGAT AND OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

Section 1. Short Title. ~ This Act shall be known as the “Bantay Dagat Welfare and

Incentives Act.”

Sec. 2. Statement of Policy. The State shall protect the rights of subsistence fishermen,

especially of focal communities. to the preferential use of local marine and fishing resources.

It shall provide support to such fishermen through appropriate technology and research.

adequate financial. production. and marketing assistance. and other services. The State shall
alvo protect, develop. and conserve such resources, Towards this end the State shall support
lations, In
s (BEAR).

Js). is authorized to train and deputize

coastal municipalities and cities in the enforcement of fishery laws. rules. and rn

1 of Fishy

the enforcement of the relevant laws. the Bu

and Aquatic Resour

coo!

jon with the local government units (1.

fisherfolks as Deputy Fish Wardens. locally known as Bantay Dagat, ‘This Act provides

benefits and incentives to accredited Bantay Dagat and seeks to strengthen their services in

achieving the conservation, protection and sustainable management of fisheries and aquatic

resources.


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h Wardens or Sea

Sec. 3. Definition. - Bantay Dagat, also known as the Deputy
Wardens. shall refer to persons who have undergone training programs on coastal and fisheries
law enforcement under any accredited government or non-government organization and who
voluntarily work as deputized fishery law enforcers. ‘They shall be accredited to function as
Bantay Dagat by the M
(M/CEMARC) and be deputized in writing by the

nicipal or City Fisheries and Aquatic Resources Management Council

‘ordanee

geal Chief Executive (LCE) in ac

with the guidelines promulgated by the Bureau of Fisheries and Aquatic Resources (BFAR).
Sec. 4. Registration, ~ ny order for Bantay Dagat to be entitled to benefits and incentives
provided under this Act. said Bantay Dagat shall register with the M/CFARMC in the

municipality or city where said Bantay Dagat renders service. The FARMC. through the

concerned ICE. shall furnish a copy of such registry to the BFAR through its Regional Offices.

which is hereby mandated to maintain a national register of accredited Bantay Dagat

ionwide. 1

rhe accredited Bantay Dagat shall be given appropriate proof of said accreditation.

Sec. $. Qualifications of Bantay Dagat.- Any person secking accreditation as Bantay

Dagat must possess the following qualifications:
a. A Filipino citizen
b. A registered and licensed fisherfolk in the municipality or city of accreditation:
¢. Not less than twenty-one (21) years but not more than sixty (60) years of age:
d. Has no conviction of any offense involving violation of the Fisheries Code and
related environmental laws:

e. Completed the Fishery Laws Enforcement Training for Bantay Dagat or Deputy

Fish Wardens: and

f. Involved in coastal and fisheries management activities for at least three (3) years.

‘Sec. 6. Number of Buntay Dagat. ~ ‘the BFAR shall determine the ideal ratio of

Bantay Dagat to the number of fisherfolks and the area of the municipal waters or fisheries

management area in every municipality or city

ion of their ser Il accredited Bantay

Sec. 7. Benefits and Incentives. ~ in recog

Dagat who are actively and regularly performing their duties shall be entitled to the following

incentives and benefits:


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Insurance and PhilHealth Coverage. ~ Fach Bantay Dagat shall be entitled to life
and accident insurance and PhilHealth coverage upon deputation as such by the
Le

Hazard Allowance. — Each Bantay Dagat exposed to situations, con

factors where foreseeable but available danger or risks exist. and which adversely
endanger the Bantay Dagat’s life and safety. shall be entitle to hazard allowance in
an amount to be determined by the FARMC and the Peace and Order Council (POC)

med:

of the local government unit cones
Subsistence Allowance ~ Each Bantay Dagat who renders seaborne patrolling or
ht (8) hour

allowance equivalent to the meals they take in the course of their duty, which shall

rescue services for at least ei a day shall be entitled to subsistence

be computed in accordance with prevailing circumstances as determined by the
local government unit concerned:

Training. Education and Career Enrichment Programs — The concerned coastal

municipality or city in coordination with BFAR and other government agencies and
non-government organizations shall provide opportunities to accredited Bantay
Dagat for the following:

1. Continuing education, study and exposure tour training. grants. field immersion

scholarships including TESDA trainings and the like:

II. Scholarships
(1) child of every Bantay Dagat who will not be able to take advantage of the

n the form of tuition fees in state colleges. to be granted to one

programs stated in Section 7. d. Il; and

lil. Special training programs such as those on paralegal education, case

documentation and evidence gathering and preservation. and operations of special

gadgets or equipment for effective and efficient coastal and fisheries law

enforcement:

lity. — A second grade eligibility shall be granted to accredited

Bantay Dagat who have rendered five (5) years of continuous service as such

Provided. That should the Bantay Dagat volunteer become a regular employee of

the government, the total number of years served as Bantay Dagat shall be credited

to his/her service in computing retirement benefits:

Legal representation and consultation serv

Free Legal Ser y

Dagat shall be immediately provided by the Municipal or City Legal Office and/or



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the Public Attorney's Off 1 or criminal eases filed by or against Bantay

Dagat volunteers arising out of or in connection with the performance of duties: and

Preferential Access to Loans ~ the BEAR. in coordination with the Department of

Soe ernment agencies. shall

| Wellare Development and other concerned

provide. within one hundred eighty (180) days after the effectivity of this Act a

mechanism for access to loan services by organized Bantay Dagat volunteers

SEC. 8 Review by the Municipal or City FARMC. - Uvery incentive or benelit for

Bantay Dagat volu the expenditures of local funds shall be reviewed and

weer requil

ny

recommended by the FARMC for the approval of the Local Chief Executive to ensure that only

deserving Bantay Dagat get the same.

Sec. 9, Security of Tenure.— All accredited Bantay Dagat shall enjoy security of tenure

and shall not be removed or terminated except for just and valid causes as may’ be determined

mplementing rules and regulations of this Act,

by BPAR and as provided in the

See. 10, Agent of Persons in Authority. ~ The accredited Bantay Dagat shall be

considered as agents of persons in authority while in the performance of their duties and

responsibilities.

Sec. 11. Funding Requirement of Bantay Dagat Operation. - Local governments. by

Virtue of this Act, are mandated to allocate regular funding for the benefits and incentives of

the Bantay |
wclude. but shall not be I

the coastal areas: (b) maintenance of equipment. gadgets. and supplies necessary for their

wat and their operational requirements. Such operational requirements shall

ited to: (a) the conduct of seaborne operations such as regular patrol

cle. fuel and food a

lowance for their operations:

d (d) conduct of seminars

functions: (¢) vehi

or workshops for Bantay Dagat members

Sec. 13. Rules and Regulations, - ‘The BFAR. in cooperation with the Department of

the Interior and Local Government, the Department of Justice. the Civil Service Commission

nd non:

and other concerned government agencies vernment organizations. shall formulate.

Within one hundred eighty (180) days from its effectivity. the rules and regulations necessary

to implement this Act.


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See. 14, Separability Clause. — \f any provisions of this Act is declared invalid. the

remainder or any provision hercof not affected thereby shall remain in force and effect.

Sec. 15. Repealing Clause. ~ All laws, decrees, executive orders. and other presidential
issuances which are not inconsistent with this Act are hereby repealed. amended, or modified

accordingly.

See. 16. Effectivity.- This Act shall take effect fifteen (15) days afier its publication

in at [east two (2) national newspapers of general circulation.

Approved.


‘The Bantay Dagat known as the Deputy Sea Wardens or Sea Rangers serves as a

community based seaborne law enforcement team of local government units in various

fisheries and environment protection laws. They play a critical role as the frontliners that deter

the devastation of the marine life and resources in the locality. However, there is a need to

institutionalize the Bantay Dagat, provide them appropriate incentives, social protection and

the proper training in order for them to continue safeguarding the municipal waters despite the

dangers and hazards they face.

In view of the foregoing, the passage of the bill is earnestly sought. A similar measure
has been filed in the House of Representatives and in the Senate initially authored by Rep.
Francisco Jose Matugas Il and Sen. Risa Hontiveros, respectively, and it is hoped that in the

19% Congress, this bill be passed to become a law.

REP. REYNANTE U. ARROGANCIA
3 District, Quezon Province