JA REPRESS

ky S
f° RECEIVED 2)
pave 3° JUN 2005

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 923

Introduced by Representative Reynante U. Arrogancia

EXPLANATORY NOTE

‘The Philippines, an archipelago of more than 7,100 islands and with rich marine
life, consists 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 2022 Philippine Fisheries Profile issued by
the Bureau of Fisheries, reported that the Philippines ranked 11th among the top fish
producing countries in the world with its total production of 4.11 million metric tons (MT)
of fish, crustaceans, mollusks, and aquatic plants (including seaweeds). Based on the BFAR
Fisherfolk Registration System or FishR 2022 data, 2.3 million registered fisherfolk are
involved in various fishing and aquaculture activities."

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 under various
fisheries and environmental 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 with 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.

Tn ad prc pln LAGE Plgpne Fane Pie


In view of the foregoing, the passage of the bill is earnestly sought. A similar
measure has been filed in the House of Representatives in the previous Congress and it is
hoped that in the 20th Congress, this bill be passed to become a law.

REYNANTE O° \GANCIA
3 District, Quezon Province


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No._523

Introduced by Representative 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 local 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 also protect, develop, and.
conserve such resources. Towards this end the State shall support coastal municipalities and cities
in the enforcement of fishery laws, rules, and regulations. In the enforcement of the relevant laws,
the Bureau of Fisheries and Aquatic Resources (BFAR), in coordination with the local government
units (LGUs), is authorized to train and deputize 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.

SEC. 3. Definition. - Bantay Dagat, also known as the Deputy Fish Wardens or Sea 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 Municipal or City Fisheries and Aquatic Resources Management Council
(M/CEMARC) and be deputized in writing by the Local Chief Executive (LCE) in accordance with
the guidelines promulgated by the Bureau of Fisheries and Aquatic Resources (BFAR).

SEC. 4. Registration. — \n 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 LCE, 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 nationwide. The accredited Bantay Dagat
shall be given appropriate proof of said accreditation.


30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
37
58
59
60
61
62
63
64
65
66
67
68
69
70
Nl
Rd
B
14
15
16
7
78
19
80

SEC. 5. Qualifications of Bantay Dagat. - Any person seeking accreditation as Bantay Dagat
must possess the following qualifications:

A Filipino citizen

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;

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.

eoge

SEC. 6. Number of Bantay 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.

SEC. 7. Benefits and Incentives. — In recognition of their services, all accredited Bantay Dagat
who are actively and regularly performing their duties shall be entitled to the following incentives
and benefits:

a. Insurance and PhilHealth Coverage. ~ Each Bantay Dagat shall be entitled to life and
accident insurance and PhilHlealth coverage upon deputation as such by the LCE:

b. Hazard Allowance — Each Bantay Dagat exposed to situations, conditions, or 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) of the local government unit
concerned;

©. Subsistence Allowance — Each Bantay Dagat who renders seaborne patrolling or rescue
services for at least eight (8) hours a day shall be entitled to subsistence allowance
equivalent to the meals they take in the course of their duty, which shall be computed in
accordance with prevailing circumstances as determined by the local government unit
concerned;

d. 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;

Il, Scholarships in the form of tuition fees in state colleges, to be granted to one (1) child
of every Bantay Dagat who will not be able to take advantage of the programs stated in
Section 7, d. III; and

Il. 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;


81
82
83
84
85
86
87
88
89
90
OL
92
93

95
96
97
98

100
lol
102
103
104
105
106
107
108
109
110
MW
112
113
114
1S
116
NT
118
119
120
121
122
123
124
125
126
127
128
129
130

€. Civil Service Eligibility — 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;

f. Free Legal Services - Legal representation and consultation services for Bantay Dagat
shall be immediately provided by the Municipal or City Legal Office and/or the Public
Attomey’s Office in civil or criminal cases filed by or against Bantay Dagat volunteers
arising out of or in connection with the performance of duties; and

g. Preferential Access to Loans ~ the BFAR, in coordination with the Department of Social
Welfare Development and other concerned government agencies, shall 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. - Every incentive or benefit for Bantay Dagat
volunteers requiring the expenditures of local funds shall be reviewed and 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 by BFAR and
as provided in the implementing rules and regulations of this Act.

SEC. 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
Dagat and their operational requirements. Such operational requirements shall include, but shall
not be limited to:

(a) the conduct of seaborne operations such as regular patrol in the coastal areas;
(b) maintenance of equipment, gadgets, and supplies necessary for their functions;
(©) vehicle, fuel and food allowance for their operations; and

(d) conduct of seminars or workshops for Bantay Dagat members.

SEC. 12. Rules and Regulations. - The BFAR, in cooperation with the Department of the Interior
and Local Government, the Department of Justice, the Civil Service Commission and other
concerned government agencies and non-government organizations, shall formulate, within one
hundred eighty (180) days from its effectivity, the rules and regulations necessary to implement
this Act.

SEC. 13. Separability Clause. If any provisions of this Act is declared invalid, the remainder or
any provision hereof not affected thereby shall remain in force and effect.

SEC. 14. 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.


131
132
133
134

SEC. 15. Effectivity.- This Act shall take effect fifteen (15) days after its publication in at least
two (2) national newspapers of general circulation.

Approved,