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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILLNO__ 2978

Introduced by Honorable Lucy Marie Torres-G

EXPLANATORY NOTE

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\ few year ago, environmentalists, fisheries authorities and other oo in our
natural resources were shocked upon leaming of the apprehension of a Chinese fishing vessel
Poaching in Philippine waters which yielded a great number of turtles and other endangered
Species many of which have already died. Equally alarming is the fact that this scene is
becoming increasingly common over the years, with Chinese, Vietnamese, Taiwanese and
nationals of other countries making Philippine territorial waters and exclusive economic zone
as their own fishing grounds, With ill-equipped coast guard and maritime patrols, |i is safe to
presume that for every arrest of poachers that our government makes many mole predatory
foreign fishing boats get away.

t

As if the foregoing state of affairs is not sordid enough, the Chinese poachers earlier

adverted ‘o were slapped with a paltry bail bond of 30,000.00 each for violation off Section 87

of R.A. No. 8550, or the Fisheries Code [“Poaching in Philippine Waters”), and P 40,000.00

cach for violation of Section 97 [“Fishing or Taking of Rare, Threatened or Endangered
Species” | of the same law.

I
While we are aware that the amounts of bail are separate and distinct from thé pecuniary
Penalties provided for under Section 87 and 97 of RA 8550, the rather measly anidtints of bail
could hardly serve as a deterrent to these poachers. And while these foreign fisherfmen aré out
of their detention facilities on account of these miniscule bail amounts, political pkéssure§are
SPmetimes exerted upon the government to simply deport these undesirable aliens to preserve
the warm relations we have with these other countries. This practice, in effect, euarantees a
Culture of impunity wherein poachers who are caught are released soon enough without
languishing in prisons commensurate to the magnitude of the destruction of endangeged species
which they have committed. Hence, the vicious cycle of poaching, arrest, anc deportation

continue unabated. |

ir wildlife
sive and

bail amounts when it comes to felonies and adininistrative infractions pertaining to
Fesources. While we deliberately avoid bail amounts which might be deemed opp
confiscaiory (thus, unconstitutional), there is a need to put in place a more realist
regime in the matter of bail bonds to serve as an effective deterrent to all pre
poachers. |

‘This bill, therefore, seeks to put more teeth into our laws and nT ing



In view of the foregoing premises, the early consideration and passage of this bill into
law are earnestly requested.

|



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILLNO__ 2978

Introduced by Honorable Lucy Marie Torres-Gomez

AN ACT
STRENGTHENING THE PROVISIONS OF REPUBLIC ACT NUMBERED 8550,
OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998, BY
ING THE AMOUNT OF BAIL FOR VIOLATION OF SECTION|87 AND 97

Be it enacted by the Senate and she House of Representatives of the Philippines
assembled:

Congress

SECTION 1, Notwithstanding the provision of any law, rules and re;

amount of bail for the temporary liberty of any person charged with violation of S

Section 97 of Republic Act No. 8550, as amended by Republic Act No. 10654, sh
‘than One Million Pesos (P1 000,000.00) but not more than Two Million Pesos (P2,490,000.00)

'upon the recommendation of the prosecutor.

modified or amended. i {
SECTION 3. This Act shall take effect fifteen (15) days after its publicalifip eitherlin |

the Official Gazette or in a newspaper of general circulation,

Approved, }