ee

HOUSE OF REPRESENTATIVES
RECEIVED
0.3 AUG 2016

DATE:

Republic of the Philippines

HOUSE OF REPRESENTATIVES **
Quezon City, Metro Manila ey
Seventeenth Congress PreISTRATION UNIT
First Regular Session BHLL S 4\) WNDEX SERVICE

HOUSE BILL No_®4U9

Introduced by Honorable Lucy Marie Torres-Gomez

EXPLANATORY NOTE

Recently, environmentalists, fisheries authorities and other stakeholders in our natural
resources were shocked upon learning of the apprehension of a Chinese fishing vessel
poaching in Philippine waters which yielded a great number of turtles and other endangered
species many of which have already died. Equally alarming is the fact that this scene is
becoming increasingly common over the years, with Chinese, Vietnamese, Taiwanese and
nationals of other countries making Philippine territorial waters and exclusive economic zone
as their own fishing grounds. With ill-equipped coast guard and maritime patrols, it is safe to
presume that for every arrest of poachers that our government makes many more predatory
foreign fishing boats get away.

As if the foregoing state of affairs is not sordid enough. the Chinese poachers earlier
adverted to were slapped with a paltry bail bond of P30,000.00 each for violation of Section
87 of R.A. No. 8550, or the Fisheries Code [“Poaching in Philippine Waters”], and P
40,000.00 each for violation of Section 97 [*Fishing or Taking of Rare, Threatened or
Endangered Species”] of the same law.

While we are aware that the amounts of bail are separate and distinct from the
pecuniary penalties provided for under Section 87 and 97 of RA 8550, the rather measly
amounts of bail could hardly serve as a deterrent to these poachers. And while these foreign
fishermen are out of their detention facilities on account of these miniscule bail amounts,
political pressures are sometimes exerted upon the government to simply deport these
undesirable aliens to preserve the warm relations we have with these other countries. This
practice, in effect, guarantees a culture of impunity wherein poachers who are caught are
released soon enough without languishing in prisons commensurate to the magnitude of the
destruction of endangered species which they have committed. Hence, the vicious cycle of
poaching, arrest, and deportation continue unabated.

This bill, therefore, seeks to put more teeth into our laws and regulations concerning
bail amounts when it comes to felonies and administrative infractions pertaining to our
wildlife resources. While we deliberately avoid bail amounts which might be deemed
oppressive and confiscatory (thus, unconstitutional), there is a need to put in place a more
realistic regulatory regime in the matter of bail bonds to serve as an effective deterrent to all
present and future poachers.

|



Further, this bill aims to amend the statutory fine provided under Sec. 97 of RA 8550.
While the fine of US $100,000.00 for violation of Sec. 87 of the law [“Poaching in Philippine
Waters”) appears adequate enough, the fine of 120,000.00 for violation of Sec. 97 [Fishing
or Taking of Rare, Threatened or Endangered Species”] would not seem to cover the
widespread and sometimes repeated destruction of irreplaceable wildlife species. With
modern fishing boats and implements, these foreign poachers are able to cash-in on their
catch of high-value exotic species for their international clientele. Hence, only a more
punitive fine could possibly deter these unconscionable but lucrative maritime expeditions.

In view of the foregoing premises, the early consideration and passage of this bill into

law are earnestly requested.

AC
UCY, i

Represitative
Fourth District of Leyte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metto Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO 24u0

Introduced by Honorable Lucy Marie Torres-Gomez

AN ACT
STRENGTHENING THE PROVISIONS OF REPUBLIC ACT NUMBERED 8550,
OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998, BY
INCREASING THE PENALTY FOR THE FISHING OR TAKING OF RARE,
THREATENED OR ENDANGERED SPECIES AND THE AMOUNT OF BAIL FOR
VIOLATION OF SECTION 87 AND 97

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 97 of Republic Act No. 8550, otherwise known as The

Philippine Fisheries Code of 1998, is hereby amended to read as follows:

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

Violation of the provision of this section shall be punished by
imprisonment of twelve (12) years to twenty (20) years and/or a fine of [One
hundred and twenty thousand pesos (P120,000.00)] to TWO MILLION
PESOS (P2,000,000.00) and forfeiture of the catch, and the cancellation of
fishing permit.

SECTION 2. Notwithstanding the provision of any law, rules and regulations, the
amount of bail for the temporary liberty of any person charged with violation of Section 87
and/or Section 97 of R.A. No. 8550 shall not be less than One Million Pesos (P1.000,000.00)

but not more than Two Million Pesos (P2,000,000.00), upon the recommendation of the

prosecutor.


SECTION 3. All acts, decrees, executive orders, rules and regulations and other

issuance or parts thereof inconsistent with the provisions of this Act are hereby repealed,

modified or amended.
SECTION 4. If for any reason, any portion or provision of this Act be declared
unconstitutional, other parts or provisions hereof which are not affected thereby shall

continue to be in full force and effect.

SECTION 5. This Act shall take effect Fifteen (15) days after its publication either in

the Official Gazette or in a newspaper of general circulation.

Approved,

lh