Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS 31Wu)
First Regular Session

House BILL No._ 2129

INTRODUCED BY: HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

The Philippines being an archipelago, surrounded by large bodies of water with
more than 7,000 islands, indicates that the country has a very vast maritime zone, With
this, it is presumed that it should have a marine-based economy- with a great amount of
water and many number of bodies of water found, the country should have given
important credit to the resources found in waters especially the fishes.

Thus, this bill seeks to attune the policy of the State to the Philippine nature as
‘an archipelago by encouraging Filipinos to invest in fisheries. All coastal cities, coastal
provinces, and ‘st class coastal municipalities are required by this bill to establish a
marine reserve for aquatic resources. In line with this, to have an appointed fisheries
officer is proposed in order to manage the marine reserve. Through this bill, the fishery
sector of the country will gain support and the fish supply will be secured.

By pursuing this marine-based economy, the State is able to make full use of the
country's marine resources. This shall be a help for the Filipinos and also for the
development of the country.

Hence, the approval of this bill is earnestly sought.

thaw i,
MARCELINO “MARCY” R. TEODORO

Representative, 1* District
City of Marikina

2013


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

House sit no._2129

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
REQUIRING COASTAL PROVINCES, COASTAL CITIES AND FIRST CLASS
COASTAL MUNICIPALITIES TO HAVE A MARINE RESERVE FOR AQUATIC
RESOURCES AND A FISHERIES OFFICER TO SUPERVISE THE SAME AND
APPROPRIATING FUNDS THEREFOR:

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

SECTION 1. Short Title. - This Act shall be known as the "Marine Reserve Law.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to pursue
a marine-based economy by making full and efficient use of the country's marine
resources. Pursuant to this policy, first class coastal municipalities and provinces must
each have a marine reserve for its aquatic resources and a fisheries officer to perform
the functions provided herein.

SEC. 3 Definition of Terms. — For purposes of this Act, the term “coastal cities and
provinces” shall mean cities and provinces bordering on a coast regardless of income
classification. On the other hand, the term “first class coastal municipalities” shall include
all municipalities bordering on a coast and whose income classification have been
determined by the Department of Finance in accordance with law as a first class
municipality. Furthermore other pertinent terms are defined as follows:

(a) Buffer zones are identified areas inside the boundaries of and immediately
adjacent to the Reserve that need special development control in order to avoid
or minimize harm to the Reserve.

(b) Eco-tourism is a kind of tourism wherein no damage to the ecology is sustained
by the influx of visitors to the reserve;

(©) Fish production refers to the capacity of the species found within the Reserve to
multiply to achieve a certain density of fish populations;

(d) Management plan is a plan in accordance with the General Management
Planning Strategy of the DENR pursuant to Republic Act No. 7586 to serve as
the basis for the protection and enhancement of biodiversity of the Reserve for
sustainable development;

(©) Management manual is the manual relating to the Reserve;

(®) Maximum sustainable yield is the greatest amount of fish and fish products taken
or harvested from within the Reserve without affecting sustainability;

(g) Multiple-use zones are areas where sustainable economic activities may be
allowed to the extent described in the management plan;


(h) Marine reserve is an area in the sea that is identified to have fish, marine and
‘other aquatic life that can be a source of food, or can be breeding grounds for
fish and other marine life which shall be developed, protected and managed to
sustain its supply of fish and other marine products.

SEC. 4, Each coastal province, coastal city and first class coastal municipality shall
identify and establish a Marine Reserve for Fish and Aquatic Resources, under the
management of the corresponding Fisheries Officers provided herein.

SEC. 5. Paragraphs (a) and (b) of Section 443 of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, is hereby amended to read as follows:

SEC. 443. Officials of the Municipal Government. - (a) There shall be in each
municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan
members, a secretary to the sangguniang bayan, a municipal treasurer, a
municipal assessor, a municipal accountant, a municipal budget officer, a
municipal planning and development coordinator, a municipal engineer/building
official, a municipal health officer and a municipal civil registrar. In addition, all
FIRST CLASS COASTAL MUNICIPALITIES MUST HAVE A MUNCIPAL
FISHERIES OFFICER.

(b) In addition thereto, the mayor may appoint a municipal administrator, a
municipal legal officer, a municipal agriculturist, A MUNICIPAL FISHERIES
OFFICER, a municipal environment and natural resources officer, a municipal
social welfare and development officer, a municipal architect, and a municipal
information officer.

SEC. 6. Paragraph (a) of Section 454 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as follows:

SEC. 454. Officials of the City Government. - (a) There shall be in each city a
mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a
city budget officer, a city planning and development coordinator, a city engineer,
a city health officer, a city social welfare and development officer, and a city
general services officer. In addition, EACH COASTAL CITY MUST HAVE A
CITY FISHERIES OFFICER.

SEC. 7. Paragraph (a) of Section 463 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as follows:

SEC. 463. Officials of the Provincial Government. - (a) There shall be in each
province a govemor, a vice-govemor, members of the sangguniang
panlalawigan, a secretary to the sangguniang panlalawigan, a provincial
treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a
provincial budget officer, a provincial planning and development coordinator, a
provincial legal officer, a provincial administrator, a provincial health officer, a
provincial social welfare and development officer, a provincial general services
officer, a provincial agriculturist and a provincial veterinarian. In addition, EACH
COASTAL PROVINCE MUST HAVE A PROVINCIAL FISHERIES OFFICER.

SEC. 8. Article Twelve, Title Five, Book III of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, is hereby amended to read as follows:

Article Twelve. — The agriculturist shall be mandatory for the provincial
government and optional for the city and municipal governments.

SEC. 482-A. Qualifications, Powers and Duties OF THE AGRICULTURIST. — (a)
No person shall be appointed agriculturist unless he is a citizen of the
Philippines, a resident of the local government unit concemed, of good moral
character, a holder of a college degree in agriculture or any related course from a
recognized college or university, and a first grade civil service eligible or its


equivalent. He must have practiced his profession in agriculture or acquired
experience in a related field for at least for at least five (5) years in the case of
the provincial or city agriculturist, and three (3) years in the case of the municipal
agriculturist.

The position of an agriculturist shall be mandatory for the provincial government
and optional for the city and municipal governments

(b) The agriculturist shall take charge of the office for agricultural services and
shall:

(1) Formulate measures for the approval of the sanggunian and provide technical
assistance and support to the governor or mayor as the case may be, in carrying
out said measures to ensure the delivery of basic services and provision of
adequate facilities relative to agricultural services as provided for under Section
17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have
to do with agricultural programs and projects which the governor or mayor is
empowered to implement and which the sanggunian is empowered to provide for
under this Code;

(3) In addition to the foregoing duties and functions, the agriculturist services
shall:

(i) Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural, aqua-cultural and
marine products are extended to farmers, fishermen and local
entrepreneurs;

(ii) conduct or cause to be conducted |ocation-specific agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research crops,
prevention and control of plant diseases and pests, and other agricultural
matters which will maximize productivity;

(iii) Assist the governor or mayor, as the case may be, in the establishment
and extension services of demonstration farms or aqua-culture and
marine products;

(iv) Enforce rules and regulations relating to agriculture and aqua-culture; and

(v) Coordinate with government agencies and _non-govermmental
organizations which promote agriculture through appropriate technology
compatible with environmental integrity.

(4) Be in the front of the delivery of basic agricultural services particularly those
needed for the survival of the inhabitants during and in the aftermath of man-
made and natural disasters and calamities;

(6) Recommend to the sanggunian and advise the govemor or mayor, as the
case may be, on alll other matters related to agriculture and aqua-culture which
will improve the livelihood and living conditions of the inhabitants; and

(6) Exercise such other powers and perform such duties and functions as may be
prescribed by law ordinance.

SEC. 482-8 Qualifications, Power and Duties of the Fisheries Officer. ~ (a) no
person shall be appointed fisheries officer unless he is a citizen of the
Philippines, a resident of the local government unit concemed, of good moral
character, a holder of a college degree in fisheries or marine biology or any


related course from a recognized college or university and a first grade service
eligible or its equivalent. He must have practiced his profession in fisheries or
acquired experience in a related field for at least five (5) years in the case of the
provincial and city fisheries officer, and three (3) years in the case of the
municipal fisheries officer.

THE POSITION OF FISHERIES OFFICER SHALL BE MANDATORY FOR ALL
FIRST CLASS COASTAL MUNICIPALITIES AND ALL COASTAL CITIES AND
COASTAL PROVINCES.

(b) The Fisheries Officer shall take charge of the Office for Fisheries Services AS
WELL AS OF THE MARINE RESERVE FOR AQUATIC RESOURCES HEREIN
PROVIDED, and shall perform all the functions of the agriculturist related to
fisheries enumerated in the preceding section.

SEC 9. Functions of the Fisheries Officer. — The Fisheries Officer shall be directly
Tesponsible to the provincial, city, municipal board and is hereby empowered to perform
any and all of the following:

(a) Administrative Functions:

(1) Serve as the chief administrative officer of the Reserve for purposes of
implementing the management plan;

(2) Recommend the hiring of personnel of the Reserve;

(3) Establish a productive partnership with the local community including groups in
the planning, protection and management of the Reserve;

(4) Develop and implement Reserve information, education and visitor programs;

(6) Develop and implement a natural documentation program and to oversee
research that may be conducted within the Reserve;

(6) Integrate the role of non-government organizations, the DENR, DA and other
government agencies in the operation of the Reserve;

(7) Document the process involved in the establishment and management of the
Reserve with particular reference to the development of relationship with
fishermen, small fisherfolk inhabitants, communities, buffer-zone residents and
others in establishing effective protection of the Reserve. Gather lessons from
this documentation and use them in future planning

(b) Regulatory Functions:

(1) Act as peace officer for the purpose of maintaining peace and order within the
Reserve. As peace officer, he shall exercise police supervision therein and may
arrest any person found in any place within the Reserve who is committing, has
committed or is about to commit an act in violation of this Act or Republic Act No.
7586;

(2) Enforce the rules and regulations formulated to protect and preserve the Reserve
from trespass, damage, injury and illegal activities;

(3) Summarily remove or eject form the Reserve persons who have rendered
themselves obnoxious by disorderly conduct or bad behavior or who have
violated any of the regulations of the Reserve;

(4) Require, when necessary, any person entering or passing across through or any
part of the Reserve to give the following information: name, address, proposed
duration of stay inside the Reserve and the portion which he intends to visit or


has visited and such other information of similar nature as may be required of
him;

(6) Prohibit persons from cutting or gathering mangrove forest products, hunting or
fishing in the Reserve without authority or permit to do so;

(6) Seize and confiscate fish, shelifish, and other marine products found within the
Reserve including instruments, tools used inside the Reserve by unlicensed
persons or, if licensed, obtained in violation of the provisions of this Act, Republic
Act No. 7586 or the rules and regulations issued in accordance with the
guidelines conceming confiscation, seizure and disposition of illegally cut,
gathered and transported marine products and other resources and confiscated
wildlife; and

(7) Perform such other powers and duties as may from time to time be prescribed by
competent authorities

SEC. 10. Appropriations, - The funds necessary for establishing the Marine Reserve
for Fish and Aquatic Resources shall be include in the General Appropriations Act from
the year following the enactment of this Act, and the funds necessary for the
maintenance of such Marine Reserves shall be provided by the Local Government Units
(LGUs) wherein the Marine Reserve is established, annually in the LGU annual
appropriations.

SEC. 11. Implementing Rules and Regulations. - The Secretary of the Department of
Agriculture and Fisheries, in collaboration with the Secretary of the Department of
Interior and Local Government and the Department of Environment and Natural
Resources shall issue such rules and regulations for the effective implementation of this
Act within six (6) months from the approval of hereof.

SEC. 12 Separability Clause. — If any provision or part hereof, is declared invalid or
unconstitutional, the remainder of the law not otherwise affected shall remain valid and
subsisting

SEC. 13. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly

SEC. 14, Effectivity. -This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved,