Quezon City

Eighteenth Congress
Second Regular Session

House Bill No, 8855

Introduced by HON. JUMEL ANTHONY I. ESPINO

EXPLANATORY NOTE

Coastal and marine environments of the Philippines are characterized by a variety of
habitats including coral reefs, mangroves and seagrass beds that support one of the world's
center of marine biodiversity, having one of the richest concentrations of marine life on the
planet. More than 30 million Filipinos depend on these marine resources for their livelihood,
income generation and simple subsistence. However, these same very seas are under serious
threat. Human-induced pressures including pollution, over-fishing, encroachment of foreign
unsustainable fishery activities, unmitigated coastal developments and use of illegal fishing
methods are major challenges to the protection and conservation of our coastal and marine
resources. As a result, the fragile marine ecosystems around the country are being destroyed at
an alarming rate.

Over the years, the conservation, protection and management of these diverse marine
wealth from further degradation, national 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 Philippine Navy were mandated to
enforce all coastal environmental laws. However, because of the Philippines is composed of
more than 7,100 islands, and with a vast coastline that stretches approximately 36,289
kilometers, they are mandated to protect, they can only cover very few areas of the country's
archipelagic coastlines. And so, these national agencies and coastal local government units in
partnership with development partners and non-government organizations, train volunteer
municipal fisherfolks and deputized them to become Deputy Fish Wardens or Sea Rangers,
otherwise known as Bantay Dagat. The Bantay Dagat act as auxilliary forces who guard and


enforce fishery related laws and ordinances in the municipal waters of coastal municipalities
and cities.

For several decades of their service however, these Bantay Dagat volunteers receive no
regular honoraria and are rarely given insurance coverage and other benefits, despite the
dangers they face, the time spent protecting the municipal waters, and the loss of income
‘opportunities.

Despite their sorry situation however, they remain committed to serve and protect the
‘nation's marine habitat and fishery resources from further abuse and destruction. Several of these
brave Bantay Dagat volunteers have in fact lost their lives and limbs and have been sued
criminally and for damages over the years.

Its for this reason that this bill seeks for them to be given the recognition, attention, and
assistance that they so rightly deserve, and so the approval of this bill is earnestly sought.

Les IEEERSTIONT 1 FSPINO
“ District, Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
Second Regular Session

House Bill No. 8855

Introduced by HON. JUMEL ANTHONY I. ESPINO

AN ACT

GRANTING BENEFITS AND INCENTIVES TO ACCREDITED
BANTAY DAGAT AND FOR 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 Benefits
Act of 2021”.

Section 2. Statement of Policy — The State shall protect the rights of subsistence fishermen
and local communities to the preferential use of the communal marine and fishing resources,
both inland and offshore. It shall provide support to such fishermen through appropriate
technology and research and other services. Towards this end, coastal municipalities and cities
are vested with jurisdiction over the municipal waters as defined by Republic Act No. 8558
and, upon consultation with the Fisheries and Aquatic Resources Management Council
(FARMC), be responsible for the management, conservation, development, protection,
utilization, and disposition of all fish and fisheries and aquatic resources within their respective
municipal waters. The LGUS shall also enforce all fishery laws, rules, and regulations as well
as valid fishery ordinances enacted by the municipal or city council. In the enforcement of said
laws, the Bureau of Fisheries and Aquatic Resources (BFAR), in coordination with the local
government (LGUs), is authorized to train and deputize fisherfolks as Deputy Fish Wardens,
locally known as Bantay Dagat. This Act shall provide benefits and incentives to these
volunteers Bantay Dagat who are frontliners in the protection of marine and fisheries
resources.


The government and all instrumentalities shall also recognize the rights of accredited Bantay
Dagat to organize themselves, to strengthen and systemize their services for their community,
and to make a venue for sharing their experiences and for recommending policies and
guidelines for the conservation, protection and sustainable management of fisheries and
aquatic resources.

Section. 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
such by the Municipal/City Fisheries and Aquatic Resources Management Council
(M/CFMARC) 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).

Section. 4. Registration — In 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 in which said Bantay Dagat renders service, The FARMC, through the
concemed 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,

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

a. A Filipino citizen;

b. A registered and licensed fisherfolk in the municipality or city where he/she intends to
be accredited;

c. Not less than twenty-one (21) years but not more than sixty (60) years of age;

d. Not have been convicted 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

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

Section 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.

Section 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 PhilHealth coverage upon deputation as such by the
LCE;


b. Hazard Allowance. — Each Bantay Dagat exposed to situations, conditions, or
factors where foreseeable but unavoidable danger or risks exist, and which adversely
endanger said Bantay Dagats life and/or safety, shall be entitled 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;

c. 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:

i, Continuing education, study and exposure tour trainings, grants, field
immersion, scholarships, and the like;

ii, Scholarships in the form of tuition fees and other school fees in state
universities /colleges, to be granted to one child of every Bantay Dagat
who will not be able to take advantage of the above programs; and

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

documentation and evidence gathering and preservation, and operations of
special gadgets ot equipment for effective and efficient coastal and
fisheries law enforcement;

¢. Civil Service ity. — 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 employce of the
government, the total number of years served as Bantay Dagat shall be credited to
his/her service in computing retirement benefits;

£. Free Legal Services. — Legal representation and consultation services for Bantay
Dagat shall be immediately provided by the Municipal or City Legal Officer and/or
Public Attorney's Office in cases of coercion, interference, and in other civil and
criminal cases filed by or against Bantay Dagat volunteers arising out of or in
connection with the performance of their duties; and

g. Preferential Access to Loans, — The BFAR, in coordination with the Department of
Social Welfare Development and other concemed 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.


Section 8. Review by the Municipal or City FARMC — Incentives ot benefist for Bantay
Dagat volunteers requiring the expenditure 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.

Section 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. Said just or valid causes shall be included in the implementing rules and regulations
of this Act.

Section 10. Agent of Person In Authority — The accredited Bantay Dagat shall be considered
as agents of persons in authority while in the performance of their duties and_ responsibilities.

Section 11. Funding Requirement of Bantay Dagat Operation — Coastal 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; (c) vehicle, fuel and food allowance for their operations; and (4) conduct of
seminars or workshops for Bantay Dagat members.

Section 12. National Government Subsidy — The national government, through the BFAR,
shall provide annual subsidy to local government that are able to organize their own Bantay
Dagat groups.

Section 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 and
other concerned government agencies and non-government organizations, shall formulate,
within one hundred eighty (180) days from effectivity, the rules and regulations necessary to
implement this Act.

Section 14. Separability Clause —If any provision of this Act is declared invalid, the
remainder or any provision hereof not affected thereby shall remain in force and effect.

Section 15. Repealing Clause — All laws, decrees, executive orders, and other presidential
issuances which are inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

Section 16. Effectivity —This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Approved,