FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
8 
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SENATE 
S. No. __ 
2552 
Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
Republic Act 8550 otherwise known as the Philippine Fisheries Code of 
1998 was passed into law in pursuit of the State's policy to protect the country's 
marine wealth in its archipelagic waters and reserve its use and enjoyment 
exclusively for Filipinos. However, amendments to certain provisions of the law 
must be undertaken in order to prevent the apparent threat in the survival of our 
rare and endangered marine species. And further, to make certain that our 
government adheres and adapt to the covenants made in international 
conventions that we are a part of. 
The trade in wild animals and plants crosses borders between countries, 
and the effort to regulate it requires international cooperation to safeguard certain 
species from over-exploitation. It is in the spirit of this cooperation that the 
Convention on International Trade of Endangered Species of Flora and Fauna or 
CITES was conceived. This is the covenant by which our country is bound as a 
party and signatory thereof. In order to ensure our adherence to and implement 
the principles provided under CITES at the national level, this bill is thus 
proposed. 
This measure aims to impose stiffer penalties by increasing the fines and 
imprisonment to persons who violate or practice illegal trade of our marine 
resources. 
More importantly those that are listed as rare, threatened or 
endangered under CITES, the International Union for Conservation of Nature and 
Natural Resources (IUCN) and those species mentioned under Republic Act No. 
9147 or the Wildlife Resources Conservation and Protection Act. 
Henceforth, the immediate enactment of this bill is earnestly sought 
n 
MAN YVlLL R 


FOURTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
SENATE 
S. No. 3 5 2  
Introduced by Senator Manny Villar 
AN ACT TO FURTHER PROTECT PHILIPPINE CORALS AND OTHER 
MARINE TREASURES, AMENDING FOR THE PURPOSE SECTIONS 91 AND 
97 OF REPUBLIC ACT NO. 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 91 of Republic Act No. 8550, otherwise known as the 
Philippine Fisheries Code of 1998, is hereby amended to read as follows: 
”SEC. 91. Ban on Coral Exploitation and Exportation. - It shall be 
unlawful for any person or corporation to gather, possess, sell or export 
ordinary precious and semi-precious corals, whether raw or in processed 
form, except for scientific or research purposes. 
Violations of this provision shall be punished by imprisonment from 
six (6) months to two (2) years and a fine from [Two thousand pesos 
(P2,OOO) to Twenty thousand pesos (P20,000)] ONE HUNDRED 
THOUSAND PESOS (P100,OOO.OO) TO FIVE HUNDRED THOUSAND 
PESOS (P500,000.00), or both such fine and imprisonment, at the 
discretion of the court, and forfeiture of the subject corals, including the 
vessel and its proper disposition. 
The confiscated corals shall either be returned to the sea or 
donated to schools and museums for educational or scientific purposes or 
disposed through other means.” 
SEC. 2. Section 97 of Republic Act No. 8550 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, CATCH, GATHER, SELL, 
PURCHASE, POSSESS, TRANSPORT AND EXPORT rare, threatened 
or endangered species, as listed [in the CITES] AND DEFINED AS SUCH 
IN 
THE 
CONVENTION 
ON 
INTERNATIONAL 
TRADE 
OF 
ENDANGERED SPECIES OF FLORA AND FAUNA, HEREINAFTER 
REFERRED TO AS CITES, THE INTERNATIONAL UNION FOR 
CONSERVATION OF NATURE AND NATURAL RESOURCES (IUCN), 
AND REPUBLIC ACT NO. 9147, OTHERWISE KNOWN AS THE 
WILDLIFE ACT and as [determined] IMPLEMENTED by the Department 
PURSUANT TO ITS PUBLISHED RULES AND REGULATIONS. 
I 


THE TAKING, CATCHING, GATHERING AND POSSESSION OF 
WILD SPECIES FOR SCIENTIFIC RESEARCH OR ARTIFICIAL 
PROPAGATION PURPOSES MAY BE ALLOWED SUBJECT TO THE 
RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT: 
PROVIDED, 
THAT 
GATHERING, 
SELLING 
OR 
EXPORTING 
CULTURED OR ARTIFICIALLY PROPAGATED SPECIES THAT HAVE 
BEEN TRANSPLANTED TO THEIR NATURAL HABITAT AND LISTED 
IN THE CITES. IUCN AND RA NO. 9147 SHALL NOT BE ALLOWED. 
THE TAKING, CATCHING, GATHERING, POSSESSION OR 
TRADE OF ARTIFICIALLY PROPAGATED AND CULTURED SPECIES 
LISTED IN THE CITES, IUCN AND RA NO. 9147 MAY BE ALLOWED 
SUBJECT TO THE RULES AND REGULATIONS PROMULGATED BY 
THE DEPARTMENT. 
CONSISTENT WITH THE CITES RULES AND REGULATIONS, A 
BEFORE ANY TRADE WILL BE ALLOWED TO THOSE SPECIES 
LISTED UNDER APPENDIX II AND 111 OF THE CITES. 
NON-DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED 
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 (Pl20,000)] ONE HUNDRED 
THOUSAND PESOS (PlOO,OOO.OO) TO FIVE HUNDRED THOUSAND 
PESOS (P500,000.00), [and] forfeiture of the catch, and the cancellation 
of fishing permit. 
SHOULD THE 
CULPABLE VIOLATION 
BE COMMITTED 
THROUGH OR BY A FISHING VESSEL MANNED BY MORE THAN 
TWO (2) PERSONS, THE HEAD OR CAPTAIN OF THE BOAT AND THE 
SUPPORT PERSONNEL THEREOF INVOLVED IN THE FISHING AND 
CATCHING OF SUCH PROTECTED MARINE LIFE SHALL BE 
PRESUMED TO HAVE COMMITTED THE PROHIBITED ACT AND THE 
PENALTY PROVIDED FOR IN THE IMMEDIATELY PRECEDING 
PARAGRAPH SHALL BE IMPOSED ON THEM." 
SEC. 3. The Department of Agriculture - Bureau of Fisheries and Aquatic 
Resources shall promulgate the rules and regulations to implement this 
amendment within sixty (60) days from the approval of this Act. 
The Bureau of Fisheries and Aquatic Resources shall, in coordination with 
the 
National Fisheries and Aquatic 
Resources Management Councils 
(NFARMC), local government units, private institutions and other government 
agencies concerned, initiate the development of a fisheries resource 
management plan for each CITES listed species, indicating therein conservation 
and rehabilitation measures. 
SEC. 4. This Act shall take effect fifteen (15) days after its publication in a 
newspaper of general circulation. 
Approved, 
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Prohibits the fishing, catching, gathering, sale, purchase, possession, transport 
and exportation of rare, threatened or endangered species listed in Appendix I of 
the CITES (Convention on the International Trade in Endangered Species of Wild 
Fauna and Flora). 
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