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

FIFTEENTH CONGRESS
First Regular Session

House Bit No._ 1984

Introduced by: REP. MEL SENEN S. SARMIENTO

EXPLANATORY NOTE

Poaching activities by foreigners may be considered as an economic sabotage because
it depletes marine and aquatic resources. It is also a great injustice to Filipino fishermen who
have the exclusive rights to fish within our waters.

‘This bill seeks to ensure that the foreign person/s charged with poaching shall not be
released from prison until after all fines are fully paid. This will correct the mistakes in the
past whereby the violators were freed even without paying the full amount of the imposed
fines just by a declaration of insolvency.

Abuse of foreign nationals must be squarely addressed and the implementation of
ter penalties in the form of imprisonment should complement the Fisheries Code. T
one way of making the nations of other countries respect our fishing territories and thus stop
their poaching activities,

Approval of this bill is therefore earnestly requested.

MEL EON

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

FIFTEENTH CONGRESS
First Regular Session

House BLLNo._1984

Introduced by: REP. MEL SENEN S. SARMIENTO.

AN ACT
AMENDING SECTION 87 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 870f RA 8550 is hereby amended and shall read as follows:

Section 87. Poaching in the Philippine Waters

It shall be unlawful for any foreign person, corporation or entity to fish or operate

any fishing vessel in Philippine waters.

The entry of any foreign fishing vessel in Philippine waters shall constitute a prima

facie evidence that the vessel is engaged in fishing in Philippine waters.

Violation of the above shall be punished by a fine of One hundred thousand U.S.
Dollars (US$100,000,000.00) in addition to the confiscation of its catch, fishing equipment
and fishing vessel: Provided, that the Department is empowered to impose an administrative
fine of not less than fifly thousand U.S. Dollars (US$50,000.00) but not more than Two
hundred thousand U.S. Dollars (U.S.$200,00.00) or its equivalent in the Philippine Currency.

PROVIDED, FURTHER, THAT NO PERSON CHARGED WITH VIOLATION OF
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THIS SECTION SHALL BE RELEASED FROM PRISON UNTIL AFTER ALL

FINES IMPOS

D ARE FULLY PAID. PROVIDED FURTHER, THAT IN CASE THE
OWNER OR OPERATOR OF THE FOREIGN VESSEL, BY REASON OF
INSOLVENCY OR REFUSES TO PAY THE ABOVE AMOUNTS, HE SHALL
SUFFER THE SUBSIDIARY PENALTY OF IMPRISONMENT AT THE RATE

PRESCRIBED BY EXIST

iG LAWS; PROVIDED FINALLY, THAT THE
MAXIMUM IMPRISONMENT IMPOSED THEREOF SHALL BE TWELVE (12)

YEARS.

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

use. ~ 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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