Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOUSE  BILL NO. 9397
Introduced  by:  Hon.  Keith  Micah  "Atty.  Mike"  D.L.  Tan
AN ACT
ENCOURAGING THE  PARTICIPATION  OF COMMUNITIES  IN THE  MANAGEMENT
AND CONSERVATION OF THE FISHERIES AND AQUATIC  RESOURCES BY GRANTING
BENEFITS AND INCENTIVES TO ACCREDITED BANTAY DAGAT AND APPROPRIATING
FUNDS THEREFOR
EXPLANATORY NOTE
This  bill  seeks  to  provide  benefits  and  incentives  to  Bantay  Dagat  volunteers  with  the
end    in   view   of   encouraging   the    participation    of   communities    in   the    management   and
conservation  of the  fisheries  and  aquatic  resources  consistent with Article Xll,  Section  2  of the
Constitution  and  the  pertinent  provisions  of  Republic  Act  No.  8550,  otherwise  known  as  the
"Philippine  Fisheries  Code of  1998''.
According  to   a   study,   "Supporting  the   Fisheries   Commission's  Community   Fisheries
Watchdog Communities:  Legal  Review of the Bantay Dagat Program  in the Philippines:
"The  Bantay  Dagat  (BD)  or  "sea  guardian"  program  is  a  community-based
law   enforcement   institution   in   the   Philippines   that   engages   fisherfolk   in   coastal
villages or barangays on a volunteer basis to support the detection and enforcement
of  illegal  fishing  in  coastal  waters.  The  BD  program  has  been  highly  effective  and
has  been formally  institutionalized  in  coastal  and fishery  law enforcement in  existing
national  laws and  local ordinances  in the  Philippines.
The  BD  draws  on  the  participation  of  communities  in  the  management  and
protection  of  coastal  and  marine  ecosystems,  and  it  supplements  the  capacity-in
terms  of  limited   personnel   and   resources  to  patrol  vast  coastlines-of  LGUs  in
conducting  law enforcement activities."
Indeed,  the  role  of  Bantay  Dagat  members  is  of  utmost  importance  inasmuch  as  the
Philippines forms  an  ocean  region that has  long  been  recognized  as one of the world's centers
of marine biodiversity, with one of the richest concentrations of marine life on the planet.
The  country  is  composed  of  more  than  7,100  islands  with  a  coastline  stretching  over
36,289 kilometers.  More than 30 million  Filipinos depend on these marine resources for survival,
which  however,  is currently under serious threat amid the destruction of important fragile  marine
ecosystems around the country at an alarming rate.
To  conserve,  protect  and  manage  this  diverse  marine  wealth  from  further  degradation,
for  the  present  and  future  generation  of  Filipinos,  national  government  agencies  such  as  the
Department  of Agriculture-Bureau  of  Fisheries  and  Aquatic  Resources  (DA-BEAR),   Philippine
i   Mario   Maderazo,   SSG   Advisors   (2016).   Supporting   the   Fisheries   Commission's   Community
Fisheries Watchdog Committees:  Legal  Review of the Bantay Dagat Program  in the Philippines. The
USAID/Ghana   Sustainable   Fisheries   Management   Project   (SFMP).    Narragansett,    Rl:   Coastal
Resources   Center,   Graduate   School   of   Oceanography,   University   of   Rhode   Island   and   SSG
Advisors. GH2014_POL051_SSG.. 23 pp.


National  Police-  Maritime  Group,  Philippine  Coast  Guard  and  Philippine  Navy  are  mandated  to
enforce all coastal environmental  laws.
But given the vastness of the area they are  mandated  to  protect,  they can  only cover a
few  stretches  of  the  country's  archipelagic  coastlines.  Thus,  for  several  decades  now,  these
national  agencies  and  local  government  units,   in  partnership  with  development  partners  and
non-government  organizations,   train   volunteer  municipal  fisherfolks  to   become   Deputy   Fish
Wardens or Sea Rangers,  otherwise known as Bantay Dagat.
The Bantay Dagat volunteers act as the multiplier forces who guard and enforce fishery-
related   laws   and   ordinances   in   the   municipal   waters   of   coastal   municipalities   and   cities.
Unfortunately,  these  Bantay  Dagat volunteers receive  no  regular honoraria  and  are  rarely given
insurance coverage and other benefits,  despite the hazards they face,  the time spent protecting
the     municipal     waters,     and     the     loss     of    income     opportunities.     Notwithstanding     their
marginalization,  however,  they  remain  committed  to  serving  and  protecting  the  nation's  marine
habitat and fishery resources from further abuse and destruction.
Many  Bantay  Dagat have  in fact lost their lives  and  limbs and  have been sued  criminally
and for damages.  Hence,  they  must  be given the  recognition,  attention  and  assistance they so
rightly deserve.
In view of the foregoing, the immediate passage of this measure is earnestly sought.
__     _   __?I
Keith Micah ``Afty.  Mike"  D.L. Tan
4th  District,  Quezon
--_-


Republic of the Philippines
HOUSE OF  REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HousE BiLLNo.   9397
Introduced  by:  Hon.  Keith  Micah  "Atty.  Mike"  D.L.  Tan
AN ACT
ENCOURAGING THE  PARTICIPATION  OF COMMUNITIES IN THE  MANAGEMENT
AND CONSERVATION OF THE  FISHERIES AND AQUATIC  RESOURCES  BY GRANTING
BENEFITS AND INCENTIVES TO ACCREDITED BANTAY DAGAT AND APPROPRIATING
FUNDS THEREFOR
Be  it enacted  by the  Senate  and the  House  of Representatives of the  Philippines  in  Congress
assembled:
SECTION  1.  Short  Ttt/e.  -This  Act  shall  be  known  as  the  "Bantay  Dagat  Benefits  and
I ncentives Act. "
SEC.  2.  Dec/araft.or) of Po//.cy.  -The State shall ensure the conservation,  protection  and
sustainable  management  of the  country's  fishery  and  aquatic  resources.  Towards  this  end,  it
shall  protect the  rights of subsistence fisherfolk and  local  communities to the  preferential  use  of
the  communal  marine  and fishing  resources  and  provide  support to the fishery sector,  primarily
to the municipal fisherfolk through adequate financial assistance and other services.
SEC.  3.  Def/.n/.f/.on of Term. - Bantay Dagat,  also known as Deputy Fish Wardens or Sea
Wardens,  shall refer to persons who have undergone training programs on coastal and fisheries
law enforcement conducted  by any accredited government or non-government organization and
who voluntarily work as deputized fishery law enforcers.
It  shall   include   among   others,   Bantay   Lawa,   Bantay   llog,   Bantay  Pampang,   Bantay
Pakatan or Bakawan.
Bantay Dagat 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).
SEC.  4.  Peg/.sfraf;.on.  - As  a  requirement  for  accreditation  and  entitlement  to  benefits
and  incentives  provided  under this Act,  a  Bantay  Dagat shall  be  registered with the M/CFARMC
in the municipality or city in which  he or she 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  such
as identification and deputization papers,  among others.
SEC.  5. Accred/tat;.on ant/ Depufaf/.on. -Fishers who meet the requirements as provided
under  Section   6  of  this  Act  shall   be   accredited   to  function   as  such   by  the   Municipal/City
Fisheries  and  Aquatic  Resources  Management  Council  (M/CFMARC).  Only  accredited  Bantay
Dagat  shall  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.  6.  Qua/t'rr-car/.ons  of Banfay Dagaf.  -Any  person  seeking  accreditation  as  Bantay
Dagat  must  be  a  Filipino  citizen;  a  registered  and  licensed  fisherfolk  in  the  municipality  or  city
where  he/she  intends to  be  accredited;  not less than  twenty-one  (21) years  old,  not have  been


convicted  of  any  offense  involving  violation  of  the  Fisheries  Code  and  related  environmental
laws,  have  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.
SEC.  7.  IVumber of Banfay Dagaf -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.  8.  Benefi.ts ar}d /ncenf/.ves.  -  ln  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  PhllHealth  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  Dagat's  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  AIlowance.  -  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  trainings,   grants,   field   immersion,
scholarships,  and the like;
(2)   Scholarships   in  the  form   of  tuition  fees   in  state   universities  and  colleges,   to  be
granted to one child of every  Bantay Dagat who will  not be able to take advantage of the above
programs; and
(3)     Special    training     programs    such     as    those    on     paralegal     education,     case
documentation,   evidence  gathering   and   preservation,   and  operations  of  special  gadgets  or
equipment for effective and efficient coastal and fisheries law enforcement;
(e)  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
(f)  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.  9.  Revf.ew by the Mum;.ct.pa/ or C/ty FAf?MC.  -Every  incentive or benefit 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.
SEC.  10.  Securr'fy 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  lmplementing  Rules and  Regulations


of this Act.
SEC.11.   Agents  of  Person   +'n  Author/.fy.   -The   accredited   Bantay   Dagat   shall   be
considered   as  agents  of  persons   in   authority  while   in  the   performance  of  their  duties  and
responsibilities.  As  such,  the  Bantay  Dagat  shall  be  authorized  to  apprehend  and  arrest those
who   engage   in   illegal   fishing,   commit  other  violations   under  Republic  Act   No.   10654,   and
confiscate   illegal   fishing   gear   and   paraphernalia   as   agents   of   persons   in   authority.   Duly
accredited  and  authorized  Bantay  Dagat  shall  be  accorded  the  same  protection  and  support
given to other law enforcement officers.
SEC.12. Funding Requirement of Bantay Dagat Operation. -Local governmehi units, 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
(d) conduct of seminars or workshops for Bantay Dagat members,
SEC.13.  Ivaft.ona/ Govemmenf Subs/.dy.  -The  national  government,  through  the  BFAR,
shall  provide  annual  subsidy  to  local  government  units  that  organize  their  own  Bantay  Dagat
groups.
SEC.  14.  Ru/es  and Regu/afrons.  -The  BFAR,  in  consultation  with  the  Department  of
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.   15.   Separab/./tty  C/ause.   -Any  portion  or  provision  of  this  Act  that  is  declared
unconstitutional   or  invalid   shall   not  have  the  effect  of  nullifying  other  portions  or  provisions
hereof as long as such  remaining portions can still subsist and  be given effect in their entirety.
SEC.  76.  Rapea/ing C/ause.  -All laws,  ordinances,  rules,  regulations,  other issuances or
parts thereof, which are inconsistent with this Act,  are hereby repealed or modified accordingly.
SEC.   77.  Effect/-vtty.  -This  Act  shall  take  effect fifteen  (15)  days  after  its  publication  in
the Official Gazette or in a newspaper of general circulation.
Approved,