NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S. No. 2464
^ * I k I
Utr- ol {■■■: C •- . M
23 OCT 10 P2 '43
RL:CE;VEDBi;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
GRANTING BENEFITS AND INCENTIVES TO ACCREDITED BANTAY DAGAT 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines is considered as the second iargest archipeiagic state in the 
world with a total maritime domain covering internai waters, territoriai sea and 
exclusive economic zone of about 2,200,000 square kilometers. We also have more 
than 36,000 kilometers of coastline. Our marine territory is significantly larger than 
our land area. While its immensity equates to vast marine wealth and resources, the 
same also poses great challenges in enforcing environment and fishery laws. Even 
with the coliective force of the Department of Agriculture-Bureau of Fisheries and 
Aquatic Resources (DA-BFAR), the Philippine Coast Guard, the Philippine National 
Police-Maritime Group (PNP-MG), and the Phiiippine Navy, many illegal acts across our 
waters remain unnoticed. Moreover, the limited number of our military and coast 
guard vessels restricts government capacity of monitoring and fully implementing our 
iaws over such maritime expanse.
The Bantay Dagat, translated as sea warden, is a community-based voiunteer 
group trained by the national government and coastal municipalities, together with 
non-government organizations, to protect the seas and marine sanctuaries. They 
augment the existing capacities of the civiiian iaw enforcement agencies in watching 
over municipal waters and ensuring the strict implementation of state policies and


local ordinances. In many instances, Bantay Dagat\o\uv\ltQ&rs brave risks and threats 
to their lives in the conduct of their operations and in the performance of their duties.
This proposed legislation seeks to honor the commitment and dedication of the 
Bantay Dagat^x\(\ their crucial role in protecting our waters against illegal fishing and 
ecological degradation. This bill provides for the institutionalization of incentives and 
benefits for sea wardens, such as life insurance, PhilHealth coverage, hazard and 
subsistence allowance, legal assistance, preferential access to loans, training 
opportunities and career enrichment programs. Overall, this measure advocates the 
welfare of our Bantay Dagat 'm recognition of the important work that they do.
In view of further strengthening the Bantay Dagat as a force multiplier of our 
law enforcement agencies, ensuring the protection of our seas against unlawful and 
criminal activities, and expanding our capability of nautical patrol against foreign 
incursions, the immediate passage of this legislation is earnestly sought.
IGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No. ^464
Sit J iSffu'p of 'lU' - ' 'i
23 OCT 10 P2 43
RliCEIVkO BV:
Introduced by Senator Jinggoy Ejercito Estrada
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:
1 
Section 1. Short Title. -This Act shali be known as the "Bantay Dagat Welfare
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and Incentives Act".
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Sec. 2. Declaration of Policy. - The State shali protect the nation's marine
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wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and
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reserve its use and enjoyment exclusively to Filipino citizens.
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The State shall protect the rights of subsistence fishermen and local
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communities to the preferential use of the communal marine and fishing resources,
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both inland and offshore. It shall provide support to such fishermen through
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appropriate technology and research and other services. Towards this end, coastal
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municipalities and cities are vested with jurisdiction over the municipal waters as
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defined by Republic Act No. 8550, and upon consultation with the Fisheries and
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Aquatic Resources Management Council (FARMC), shall be responsible for the
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management, conservation, development, protection, utilization, and disposition of all
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fish, fisheries and aquatic resources within their respective municipal waters. The local
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government units shall also enforce all fishery laws, rules and regulations as well as
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valid fishery ordinances enacted by the municipal or city council. In the enforcement
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of said laws, the Bureau of Fisheries and Aquatic Resources (BFAR), in coordination


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with the local government units, is authorized to train and deputize fisherfolks as
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Deputy Fish Wardens, locally known as Bantay Dagat
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This Act shall provide benefits and incentives to the volunteer Bantay Dagat,
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who are frontliners in the protection of coastal marine and fisheries resources.
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The government and all its instrumentalities shall also recognize the rights of
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accredited Bantay DagatX.o organize themselves, to strengthen and systematize their
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services for their community, and to make a venue for sharing their experiences and
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for recommending policies and guidelines for the conservation, protection and
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sustainable management of fisheries and aquatic resources.
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Sec. 3. Definition. - Bantay Dagat, also known as Deputy Fish Wardens or Sea
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Wardens, shall refer to persons who have undergone training programs on coastal
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and fisheries law enforcement under any accredited government or non-government
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organization and who voluntarily work as deputized fishery law enforcers. They shall
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be accredited to function as such by the Municipal/City Fisheries and Aquatic
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Resources Management Council (M/CFARMC).
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Sec. 4. Quaiifications of Bantay Dagat - Any person seeking accreditation as
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Bantay Dagat must possess the following quaiifications:
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a) a Filipino citizen;
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b) a registered and licensed fisherfolk in the municipality or city where he/she
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intends to be accredited;
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c) not less than twenty-one (21) years but not more than sixty (60) years of
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age;
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d) not have been convicted of any offense involving violation of the Fisheries
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Code and related environmental laws;
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e) completed the Fishery Laws Enforcement Training for Bantay Dagat or
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Deputy Fish Wardens; and
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f) involved in coastal and fisheries management activities for at least three (3)
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years.
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Sec. 5. Accreditation and Deputization. - Those who meet the requirements
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provided under Section 4 of this Act shali be accredited by the Municipal/City Fisheries
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and Aquatic Resources Management Council (M/CFARMC), and shall be deputized in


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writing by the local chief executive and/or the Department of Agriculture to function
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as Bantay Dagatto enforce fishery and related environmental laws.
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Sec. 6. Registration. - In order for Bantay Dagatto be entitled to benefits and
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incentives provided under this Act, said Bantay Dagat shall register with the
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M/CFARMC in the municipality or city in which said Bantay Dagat vendors service. The
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FARMC, through the local chief executive, shall furnish a copy of such registry to the
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BFAR through its Regional Offices, which is hereby mandated to maintain a national
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register of accredited Bantay Dagat nationwide.
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The accredited Bantay Dagat shall be given appropriate proof of said
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accreditation.
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Sec. 7. Number of Bantay Dagat -The BFAR shall determine the ideal ratio of
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Bantay Dagatto the number of fisherfolks and the area of the municipal waters or
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fisheries management area in every municipality or city, also taking into consideration
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other factors such as the history of violations of fishery and environmental laws
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committed in the area, prevailing threats to the protection and preservation of its
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ecological health, among others.
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Sec. 8. Benefits and Incentives. -In recognition of their services, all accredited
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Bantay Dagat v^ho are actively and regularly performing their duties shall be entitled
19 
to the following incentives and benefits:
20 
a) Insurance and PhiiHeaith coverage. - Each Bantay Dagat shall be entitled
21 
to life and accident insurance and PhiiHeaith coverage upon deputation as
22 
such;
23 
b) Hazard Aiiowance - Each Bantay Dagat exposed to situations, conditions,
24 
or factors where foreseeable but unavoidable danger or risks exist, and
25 
which adversely endanger said Bantay Dagats life and/or safety, shall be
26 
entitled to hazard allowance in an amount to be determined by the FARMC
27 
and the Peace and Order Council (POC) of the local government unit
28 
concerned;
29 
c) Subsistence Aiiowance - Each Bantay Dagat who renders seaborne
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patrolling or rescue services for at least eight (8) hours a day shall be
31 
entitled to subsistence allowance equivalent to the meals they take in the


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course of their duty, which shall be computed in accordance with prevailing 
circumstances as determined by the local government unit concerned;
d) Night Shift Allowance - In cases where Bantay Dagat performs sea patrols 
or other related work between ten o'clock in the evening and six o'clock in 
the morning, he/she shall be entitled to night shift allowance in an amount 
to be determined by the FARMC.
e) 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 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, and evidence gathering and preservation, and 
operations of special gadgets or equipment for effective and efficient 
coastal and fisheries law enforcement.
f) Civil Service Eligibility - A second grade eligibility shall be granted to 
accredited Bantay Dagat who have rendered five (5) years of continuous 
services as such: Provided, That should the Bantay Dagatvo\uvX.eer 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;
g) Free Legal Services - Legal representation and consultation services for 
Bantay Dagat show 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 Dagatvo\ur\X.eers 
arising out of or in connection with the performance of their duties; and
h) Preferential Access to Loans - The BFAR, in coordination with the 
Department of Social Welfare and Development and other concerned


1 
government agencies, shall provide, within one hundred eighty (180) days
2 
after the effectivity of this Act, a mechanism for access to loan services by
3 
organized Bantay DagatMo\uvX.Qers.
4 
Sec. 9. Review by the Municipal or City FARMC. - Every incentive or benefit for
5 
Bantay Dagat Mo\ur\\.ee.rs requiring the expenditure of local funds shall be reviewed
6 
and recommended by the FARMC for the approval of the local chief executive to ensure
7 
that only deserving Bantay Dagat receives the same.
8 
Sec. 10. Security of Tenure. - All accredited Bantay Dagat shall enjoy security
9 
of tenure and shall not be removed or terminated except for just and valid causes as
10 
may be determined by BFAR. Said just or valid causes shall be included in the
11 
implementing rules and regulations of this Act.
12 
Sec. 11. Agent of Person in Authority. -The accredited Bantay Dagat shall be
13 
considered as agents of persons in authority while in the performance of their duties
14 
and responsibilities.
15 
As such, Bantay Dagat shall be authorized to apprehend and arrest those
16 
caught engaged in illegal fishing, committing violations under fishery and
17 
environmental laws, and confiscate illegal paraphernalia. As agents of person in
18 
authority, Bantay Dagat shaW be accorded the same protection and support given to
19 
other law enforcement officers.
20 
Sec. 12. Obstruction to Bantay Dagat - Fishing vessel owner or operator, or
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any other person acting on behalf of the any fishing vessel, or any maritime vessel
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owner or operator who assaults, resists, intimidates, harasses, interferes with or
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unduly obstructs or delays Bantay Dagat in the exercise of their duties shall be
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penalized under existing laws, particularly Republic Act No. 8550, as amended. Any
25 
person who does not allow Bantay Dagatto exercise any of their duties and functions
26 
shall be deemed to be obstructing the Bantay Dagat
27 
Sec. 13. Funding Requirement of Bantay Dagat Operations. - Local government
28 
units, by virtue of this Act, are mandated to allocate regular funding for the benefits
29 
and incentives of the Bantay Dagat and their operational requirements. Such
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operational requirements shall include, but shall not be limited to: a) the conduct of
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seaborne operations such as regular patrol in the coastal areas; b) provision and
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maintenance of vessels, equipment, gadgets, and supplies necessary for their


1 
functions; c) vehicle, fuel, and food allowance for their operations; and d) conduct of
2 
seminars or workshops for Bantay Dagat members.
3 
Sec. 14. National Government Subsidy. - The national government, through
4 
the BFAR, shall provide annual subsidy to local governments that are able to organize
5 
their own Bantay Dagat 
Provided, That lower income municipalities shall be
6 
given priority in the provision of national government subsidy.
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Sec. 15. Implementing Rules and Regulations. -The BFAR, in cooperation with
8 
the Department of the Interior and Local Government, the Department of Justice, the
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Civil Service Commission, and other concerned government agencies and non-
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government organizations, shall formulate, within one hundred eighty (180) days from
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its effectivity, the rules and regulations necessary to implement this Act.
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Sec. 16. Separability Clause. - If any provision of this Act is declared
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unconstitutional or invalid, such parts not affected thereby shall remain in full force
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and effect.
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Sec. 17. Repealing Clause. - All laws, decrees, executive orders, rules and
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regulations and other issuances or parts thereof which are inconsistent with this Act
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are hereby repealed, amended or modified accordingly.
18 
Sec. 18. Effectivity. - This Act shall take effect fifteen (15) days after its
19 
publication in the Official Gazette or in any two (2) newspapers of general circulation.
Approved,