Introduced by Honorable Lucy Marie Torres-Gomez

EXPLANATORY NOTE

Last 16 May 2011, the nation was shocked to learn about the devastation of our
marine resources when two large container vans of some 21,000 species of black coral and
some 161 endangered turtles and other marine life were apprehended by Customs officials.

The abominable act has been referred to by many as “the rape of the ocean”
especially when it was learned that an entire coral reef off the coast of Cotabato, still
unexplored, and estimated to be about twice the size of Manila, was decimated and a male
turtle, aged 80 to 100 years old, was killed.

Coral reefs are the lifeblood of our fish and aquatic resources. They are homes to
majority of these marine species. Their exploitation and destruction by humans aggravates
the fact that corals have been suffering a slow and painful death, through coral bleaching,
from the warming of the waters of the ocean brought about by global warming,

Soon, we will have no more fish and other aquatic resources to harvest. No more
diving spots as the source of our tourism pride. The livelihoods of our fisher folks and our
economy in general hang in the balance such that the abhorrent act referred to above might
as well be dubbed as “The Crime of the Century.”

Our laws must, therefore, be more dynamic in addressing the pressing need to
further protect this aspect of our heritage.


Republic Act No. 8550, otherwise known as “The Philippine Fisheries Code of 1998,”
penalizes, among others, coral exploitation and exportation, and fishing or taking of rare,
threatened or endangered species. Our lawmakers, in providing for these penalties,
however, may have only envisioned singular or minors acts of these kinds.

In this regard, there is a need to amend certain provisions of RA 8550 in order to
fortify our drive to protect our natural resources, especially the large scale exploitation of
‘our marine resources, by making the imposable penalties therefor more severe and, hence,
more deterrent against future violations. Verily, some of these offenses must be converted
into non-bailable offenses. After all, punishment must be commensurate with the crime
committed.

To further strengthen the enforcement of fishery laws, this bill likewise proposes the
inclusion of a system of rewards and incentives to our law enforcement officers and other
persons who may aid them in their duties as such.

LUCY PAARIE TORRES-GOMEZ


R es
HOUSE OF REPRESENTATIVES

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SIXTEENTH CONGRESS

HOUSE BILL NO. 118

Introduced by Honorable Lucy Marie Torres-Gomez

AN ACT

DEFINING AND PROVIDING FOR MORE SEVERE PENALTIES FOR LARGE SCALE
EXPLORATION AND EXPLOITATION OF CORALS, CORALS REEFS, AND THE FISHING OR
TAKING OF THREATENED OR ENDANGERED SPECIES, AND OTHER SIMILAR ACTS OF
DESTRUCTION OF OUR MARINE AND AQUATIC RESOURCES, AMENDING FOR THIS
PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS THE
PHILIPPINE FISHERIES CODE OF 1998

Section 1, Section 88 of Republic Act No. 8550 is hereby amended to read, as follows:
“Section 8. Fishing Through Explosives, Noxious or Poisonous Substances
20K 0K 2KK
(3) Actual use of explosives, noxious or poisonous substances or electrofishing
devices for illegal fishing shall be punishable by imprisonment ranging from
twelve (12) years to twenty (20) years without prejudice to the filing of
separate criminal cases when the use of the same result to physical injury or
loss of human life.
200K 30K KK
Section 2. Section 91 of the same Code is hereby amended to read, as follows:
“Section 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 or in processed form, except
for scientific or research purposes.


Violations of this provision shall be punished by imprisonment from
six (6) months to two (2) years and a fine from Two Thousand Pesos
(P2,000.00) to Twenty Thousand Pesos (P20,000.00), or both such fine and
imprisonment, at the discretion of the court, and forfeiture of the subject
corals, including the vessel and its proper disposition.

However, for large scale coral exploitation, the punishment shall be
imprisonment from forty (40) years to life imprisonment, and a fine from
One Million Pesos (P1,000,000.00) to Ten Million Pesos (P10,000,000.00), or
both such fine and imprisonment at the discretion of the court. For
purposes of this Code, the term “large scale” shall cover corals extracted or
exploited weighing not less then ten (10) kilograms.

The confiscated corals shall either be returned to the sea or donated
to schools and museums for educational or scientific purposes or disposed
through other means.

Section 3. Section 92 of the same Code is hereby amended to read, as follows:

Section 92. Ban on Muro Ami Other Methods and Gear Destructive to Coral
Reefs and Other Marine Habitat. — it shall be unlawful for any person, natural
or 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 coral
reefs and other habitat to entrap, father or catch fish and other fishery species
are also prohibited.

The operator, boat captain, master fisherman, and recruiter or
organizer of fisherworkers who violate this provision shall suffer a penalty of
two (2) years to ten (10) years imprisonment and a fine of not less than One
Hundred Thousand Pesos (P100,000.00) to Five Hundred Thousand Pesos
(500,000.00) or both such fine and imprisonment, at the discretion of the
court. The catch and gear used shall be confiscated.

Large scale destruction of corals, coral reefs, and seagrass beds,
through “Muro-Ami” activities, however, shall_be punished _with
imprisonment from forty (40) years to life imprisonment, and a fine from
One Million Pesos (P1,000,000.00) to Ten Million Pesos (P10,000,000.00), or
both such fine and imprisonment at the discretion of the court.

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.


‘The person or corporation who violates this provision shall also

suffer the same penalties imposed herein. The substance taken from its
marine habitat shall be confiscated.

Section 4. Section 97 of the same Code is hereby amended to read, as follows:

Section 97. Fishing or Taking of Rare, Threatened or Endangered Species. ~
It shall be unlawful to fish or take rare, threatened or endangered species as
listed in the CITES and as determined by the Department

Violation of the provision of this section shall be punished by
imprisonment of twenty (20) years to forty (40) years and a fine of Five
Hundred Thousand Pesos _(P500,000.00)_to Five Million Pesos
(P5,000,000.00), or both such fine and imprisonment, at the discretion of
the court, and forfeiture of the catch, and the cancellation of fishing permit.

Section 5. Section 125 of the same Code is hereby amended to read, as follows:

Section 125. Strengthening Prosecution and Conviction of Violators of
Fishery Laws. ~ The Department of Justice shall embark on a program to
strengthen the prosecution and conviction aspects of fishery law
enforcement through augmentation of the current complement of state
prosecutors and through their continuous training and reorientation of
fishery laws, rules and regulations.

The Department shall likewise implement a system of reward and
incentives for the law enforcement officers and/or the informants of violators
Of this Code. The amount of monetary reward, if any, shall not be more than
fifteen percent (15%) of the minimum imposable fine, and shall be paid,
without necessary delay, to the proper recipients, upon the filing of the
information with a competent court, or upon the issuance of a commitment
order in case of lawful warrantless arrest.

Section6. This Act shall take effect fifteen (15) days after publication in the
Official Gazette or in two (2) national newspapers of general circulation.

Approved.