Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BILL No. L986

Introduced by: REP. MEL SEN

S$. SARMIENTO.

EXPLANATORY NOTE,

Paragraph No. 4, Sec. 88 of Republic Act 8550 provides that dealing in, selling or any manner
disposing of illegally caughtgathered fishes for profit is a violation of the Code. In most cases,
violators who are apprehended and charged in court declare that the illegally caught/gathered fishes in
their possession are intended for other purposes, such as, home consumption, fiestas, birth/death
anniversaries, etc. and not for profit. These declarations are being established as defense in court
litigations that result in acquittal of the accused. Considering this fact, violators could be pinned down
criminally without resorting to alibis or allegations if mere possession of illegally caught/gathered
fishes were considered as prima facie evidence for a criminal offense.

The contentious aspect of the Code is the penalty being imposed to violators. If
existing laws concerning heinous crimes (drug trafficking, terrorism, murder, etc.) get
tougher with time, one could ask, “Have we forgotten the need to protect our marine
resources?” It is a fact that when penalties appear light, people are not hesitant to commit an
offense thinking that they could circumvent the law. Dynamite or explosive is commonly
prepared by the use of ammonium nitrate just as terrorists utilize the same materials to make
bombs. With light penalty imposed on blast fishing, selfish fisherfolks are encouraged to
produce explosives intended for illegal fishing activities. Henceforth, the need for a stiffer
penalty should be imposed.

Approval of this bill is therefore earnestly requested.

MEL SEI SARMIENTO

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Constitution Hills, Quezon City

FIFTEENTH CONGRESS
First Regular Session

1986

HOUSE BILL NO.

Introduced by: REP. MEL SENEN S. SARMIENTO

AN ACT
AMENDING SECTION 88 OF REPUBLIC ACT 8550, OTHERWISE KNOWN
AS THE PHILIPPINE FISHERIES CODE OF 1998

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

SECTION 1. Section 88 of RA 8550 is hereby amended and shall read as follows:

Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substances, and/or
Electricity
(1) It shall be unlawful for any person to catch, take or gather...
(2) Mere possession of explosives, noxious or poisonous substances or electrofishing
device for illegal fishing shall be punishable by imprisonment raging from [six
(6) months to two (2) years] FIVE (5) YEARS TO TEN (10) YEARS.
(3) Actual use of explosives, noxious or poisonous substances or electro-fishing
devices for illegal fishing shall be punishable by imprisonment ranging from [five
(5) years to ten (10) years] TWENTY (20) YEARS TO FORTY (40) YEARS
without prejudice to the filling of separate criminal case when the use of the same

result to physical injury or loss of human life.
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(4) [Dealing in, selling] MERE POSSESSION, DEALING, or any manner disposing
of, for profit, illegally caugh/gathered fisheries species shall be punishable by
imprisonment ranging from six (6) months to two (2) years.

(8) Xxx

SECTION 2. Repealing Clause, — All laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.

SECTION 3. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.
SECTION 4. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation.

Approved,

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