FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATfs82 
S. B. No. -""'---.: 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Section 16, Article II of the 1987 Constitution explicitly provides: 
Sec. 16. The State shall protect and advance the right of the people 
to a balanced and healthful ecology in accord with the rhythm and 
harmony of nature. 
The aforementioned provision of the 1987 Constitution was espoused by 
the Supreme Court as enunciated in Oposa, et a!. vs. Factoran, et a!. (G.R. No. 
101083,30 July 1993) articulating the responsibility of each generation as trustee 
and guardian of the environment for succeeding generations. In fact, such 
responsibility pertains to us not only for being citizens of the Philippines but as 
citizens of the world. Though the factual backdrop of the said case involved 
timber license agreements, the protection and conservation of the Republic's 
marine and aquatic resources is no less important. The said right need not even 
be written into our Constitution or our laws -for they are said to have been in 
existence from the inception of mankind. Since the right to a balanced and 
healthful ecology carries with it the correlative duty to refrain from impairing the 
environment, it is a paramount obligation of the State to safeguard such right lest 
such day will come when all else would be lost and the generations to come shall 
inherit nothing but a parched earth incapable of sustaining life. 
Republic Act 8550, otherwise known as The Philippine Fisheries Code of 
1998, was thus enacted into law for the purpose of achieving food security as the 
overriding 
consideration 
in 
the 
utilization, 
management, 
development, 
conservation and protection of fishery resources in order to provide the food 
needs of the population and the improvement of the productivity of aquaculture 
within ecological limits, among others. 
<. 
However, the same yielded marginal results and proved to be quite 
ineffective as a deterrent for persons, both natural and juridical, in pursuing the 


unlawful acts as defined in the R.A. 8550. Circumvention of the aforesaid law, or 
even its direct violation, is still prevalent for the reason that the penalties therein 
provided are merely nominal. 
The imposition of stiffer penalties by increasing the fines and 
imprisonment to be imposed upon persons found guilty of violating R.A. 8550 is 
intended to remedy such loophole in the law. 
Hence, the passage ofthis measure is highly recommended. 


" 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENAtE... 
S.B. No . .1 tt 8 2 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT AMENDING SECTIONS 91 AND 97 OF REPUBLIC ACT NO. 
8550, OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998, 
AND PROVIDING STIFFER PENALTIES THEREFOR 
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, self 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,OOO.OO), 
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: 
1 


"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 (lUCN), 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. 
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 TH& CITES, IUCN 
AND R,4 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 NON·DETRIMENTAL FINDING (NDF) SHALL 
BE CONDUCTED BEFORE ANY TRADE WILL BE ALLOWED TO 
THOSE SPECIES LISTED UNDER APPENDIX" AND III OF THE 
CITES. 
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)] ONE 
HUNDRED THOUSAND PESOS (P100,OOO.OO) TO FIVE HUNDRED 
THOUSAND PESOS (P500,OOO.OO), [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 
2 


• 
FISHING AND CATCHING OF SUCH PROTECTED MARINE LIFE 
SHALL BE PRESUMED TO HAVE COMMITTED THE PROHIBITED 
ACT AND THE PENAL TV PROVIDED FOR IN THE IMMEDIATEL V 
PRECEDING PARAGRAPH SHALL BE IMPOSED ON THEM." 
SEC. 3. Implementing Rules. -
The Bureau of Fisheries and Aquatic 
Resources (BFAR) of the Department of Agriculture shall promulgate rules and 
regulations to implement this amendment within sixty (60) days from the approval 
of this Act. 
o 
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. Repealing Clause. - All laws, decrees, executive orders, letters of 
instrUctions, rules and regulations or parts thereof which are inconsistent with this 
Act are hereby repealed, amended or modified accordingly. 
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in a newspaper of general circulation. 
Approved, 
3