Republic of the Philippines

Bouse of Representatives
Quezon City, Metro Manila

Seventeenth Con|
Second Regular Sessi

HOUSE BILL NO. 5844

Introduced By:
REP. FRANCISCO JOSE F. MATUGAS II

1St District, Surigao del Norte (Siargao Island)
EXPLANATORY NOTE

The Philippines forms an ocean region that has long been recognized
as one of the world’s center of marine biodiversity, with one of the richest
concentration of marine life on the planet. It 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. But the very
seas that provide them livelihood and subsistence are under serious threat.
Important fragile marine ecosystems around the country are being destroyed
at an alarming rate.

To conserve, protect and manage these 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-BFAR), Philippine National Police-
Maritime Group, Philippine Coast Guard and Philippine Navy are mandated
to enforce all coastal environmental laws. However, 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 Barttay Dagat. The Bantay Dagat 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 serve and protect the nation’s marine
habitat and fishery resources from further abuse and destruction. Many of
them have in fact lost their lives and limbs and have been sued criminally
and for damages. They must thus, be given the recognition, attention and
assistance they so rightly deserve.

It is in this context that the approval of this bill is earnestly sought.

FRANCISCO JQSE F. MATUGAS I


COYAHeWNE

1
12
13
4
15
16
17
18
19
20

Republic of the Philippines

Bouse of Representatives
Quezon City, Metro Manila

Seventeenth Congre:
Second Regular Se:

5844
House pit No.284

INTRODUCED BY REPRESENTATIVE FRANCISCO JOSE F. MATUGAS IL

AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDITED
BANTAY DAGAT AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Bantay Dagat
Welfare and Incentives Act.”

SEC. 2. Statement of Policy. - The State shall protect the rights of subsistence
fishermen and local communities to the preferential use of the communal marine
and fishing resources, both inland and offshore. It shall provide support to such
fishermen through appropriate technology and research and other services. Towards
this end, coastal municipalities and cities are vested with jurisdiction over the
municipal waters as defined by Republic Act No. 8558 and, upon consultation with
the Fisheries and Aquatic Resources Management Council (FARMC), be responsible
for the management, conservation, development, protection, utilization, and
disposition of all fish and fisheries and aquatic resources within their respective
municipal waters. The LGUs shall also enforce all fishery laws, rules and regulations
as well as valid fishery ordinances enacted by the municipal or city council. In the
enforcement of said laws, the Bureau of Fisheries and Aquatic Resources (BFAR), in
coordination with the local government units (LGUs), is authorized to train and
deputize fisherfolks as Deputy Fish Wardens, locally known as Bantay Dagat. This
Act shall provide benefits and incentives to these volunteer Bantay Dagat who are
frontliners in the protection of coastal marine and fisheries resources.


The government and all its instrumentalities shall also recognize the rights of
accredited Bantay Dagat to organize themselves, to strengthen and systemize their
services for their community, and to make a venue for sharing their experiences and
for recommending policies and guidelines for the conservation, protection and
sustainable management of fisheries and aquatic resources.

SEC. 3. Definition. - Bantay Dagat, also known as the Deputy Fish Wardens or
Sea Wardens. shall refer to persons who have undergone training programs on
coastal and fisheries law enforcement under any accredited government or non-
government organization and who voluntarily work as deputized fishery law
enforcers. They 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. Registration. - In order for Bantay Dagat to be entitled to benefits and
incentives provided under this Act, said Bantay Dagat shall register with the
M/CFARMC in the municipality or city in which said Bantay Dagat 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.

SEC. 5. Qualifications of Bantay Dagat - Any person seeking accreditation as
Bantay Dagat must possess the following qualifications:

a) a Filipino citizen;

b) a registered and licensed fisherfolk in the municipality or city where
he/she intends to be accredited;

©) not less than twenty-one (21) years but not more than sixty (60) years of
age;

d) not have been convicted of any offense involving violation of the
Fisheries Code and related environmental laws;

e) completed the Fishery Laws Enforcement Training for Bantay Dagat or
Deputy Fish Wardens; and

f) involved in coastal and fisheries management activities for at least three
(3) years.

SEC. 6. Number of Bantay Dagat. - 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.

2


BESecaorauneune

PWM H KNOW WYWYNEN NN SENN EERE Pee
FSSSYRHESGRSESSSENRRSSRESSEURRSEER

SEC. 7. Benefits and Incentives. — In 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)

b)

°)

d)

Insurance and PhilHealth Coverage — Each Bantay Dagat shall be entitled to
life and accident insurance and PhilHealth coverage upon deputation as
such by the LCE;

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;

Subsistence Allowance —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;

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;


21

e) Civil Service Eligibility. — A second grade eligibility shall be granted to
accredited Bantay Dagat who have rendered five (5) years of continuous
service as such: Provided, That should the Bantay Dagat volunteer
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;

f) 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

8) 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. 8, Review by the Municipal or City FARMC. - 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. 9. Security 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
implementing rules and regulations of this Act.

SEC. 10. Agent of Person in Authority. ~The accredited Bantay Dagat shall be
considered as agents of persons in authority while in the performance of their duties
and responsibilities.

SEC. 11. Funding Requirement of Bantay Dagat Operation. — Local governments,
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. 12. National Government Subsidy. - The national government, through the
BFAR, shall provide annual subsidy to local governments that are able to organize
their own Bantay Dagat groups.

SEC. 13. Rules and Regulations.- The BFAR, in cooperation with the
Department of the 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. 14. Separability Clause. —If any provision of this Act is declared invalid,
the remainder or any provision hereof not affected thereby shall remain in force and
effect.

SEC. 15. Repealing Clause.— All laws, decrees, executive orders and other
presidential issuances which are inconsistent with this Act are hereby repealed,

amended or modified accordingly.

SEC. 16. Effectivity- This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,