HOUSE OF KE!
RECEIVED

Republic of the Philippineq BILLS 4\J .NofX SERVICE
HOUSE OF REPRESENTATIVE:
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

| 2403
HOUSE BILL NO,

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 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 as the “rape of the ocean” especially when it
was learned than 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 waters of the ocean brought about by the global warming,

Soon, we will have no more fish and other aquatic resources to harvest. No more diving
spots as the source of tourism pride. The livelihood of our fisher folks and our economy in
general hang in the balance such as that thee 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 the penalties, however, may
have only envisioned singular or minors acts of these kinds.

In this regards, there is a need to amend certain provisions of RA 9559 in order to fortify
our drive to protect our natural resources, especially the large scale exploitation of our marine
resources, by making the impossible penalties therefore more severe and, hence more deterrent
against future violation. 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,

LU FARJE TORRY$-GOMEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVE.
Quezon City, Metro Manila

Seventeenth Congr
First regular Session

HOUSE BILL No._ 2463

Introduced by Honorable Lucy Marie Torres-Gomez

AN ACT
DEFINING AND PROVIDING FOR MORE SEVERE PENALTIES FOR LARGE
SCALE EXPLORATION AND EXPLOITATION OF CORAL, CORAL REEFS,A ND
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 PROVISION OF
REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES
CODE OF 1998

Section |. Section 88 of the Republic Act No, 8550 is hereby amended to read as follows:

Section 88. Fishing Through Explosives, Noxious or Poisonous Substances.
XXX XXX XXX
(30 Actual use of explosives, noxious or poisonous substances or electro-fishing devices

‘able by imprisonment ranging from twelve (12) to twenty years
1 injury or loss of

for illegal fishing shall be pu
without prejudice to the filing of criminal cases when the same result to phy
human life.

XXX XXX XXX
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, posses, sell or export ordinary precious and semi-precious corals
Whether raw or in process form, except for scientific or research purposes.



Violation 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
(20,000.00), 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). or
both such fine and imprisonment, at the discretion of the court of the court. For the purpose of
this Code, the term “large scale” shall cover corals, extracted or exploited weighing not less ten

10) kilograms.

The confiscated corals shall be either 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 great
method that destroy coral reefs, seagrass beds, and other fishery marine life habitat as may be
determined by the Department. “Muro-Ami”, other physical or mechanical acts to pound coral
reefs and other habitat to entrap, farther or catch the 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,
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 puni8shed 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 substaken taken from this marine shall be confiscated,


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

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

Violation of this 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 if violators of this Code. The amount of Monetary
reward, if any, shall not be more than fifteen percent (150 of the minimum imposable fine, and
shall be paid without necessary delay, to the proper recipients, up[on the filing of the information
with a competent court, or upon the issuance of a commitment order in case of lawful
warrantless arrest.

Section 6. This Act shall take effect fifteen (15) days after publication in the Official Gazette or
in two (2) national newspaper of general circulation

Approved.

Teng