Vs REPRE;
/ RECEIVED

Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. poze

Introduced by Representative Francisco Jose F. Matugas II

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 Bantay 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 J F. MATUGAS II
Surigao del Norte, First District
(Siargao Island)


10
cel
2
B
14
15

16

Republic of the Philippines
House of Representatives

Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

5023
HOUSE BILL NO.

Introduced by Representative Francisco Jose F. Matugas II

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


10
1
12
13
14
15
16
7
18
19
20
a
22
23
24
2s
26
27
28
29

30

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;


10
coy
12
13
14
15
16
7
18
19
20
a
22
2B

24

26
7
28

29

b) a registered and licensed fisherfolk in the municipality or city

where he/she intends to be accredited;

c) 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.

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) 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;

b) 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


10
1
12
13
14
15
16
7
18
19
20
2

22

24

25

27

take in the course of their duty, which shall be computed in accordance
with prevailing circumstances as determined by the local government unit

concerned;

a) 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;
©) 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


10
oe
12

2B

15
16

18
19

a
22
23
24
2s
26
27
28

29

g) 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.


1

10
un
2
3B
4
15

16

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,