" 
SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
138 
S.B. No. _-.::~~ 
. 
,ittUlh' 
(411ft;, .1 t~. >""rt .. u 
'13 
JUL -1 
P 2 :25 
Introduced by SENATOR CYNTHIA A. 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 I(lUCN) and 
those species mentipned under Republic Act No. 9147 or the Wildlife Resources 
Conservation and Protection Act. 
. 
Thus, the immediate enactment of this bill is earnestly recommended. 
/L~ 1A 
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C~~;~I~~. VI~ 


1 
SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S.B. No. 
138 
'13 
JUL -1 
P2 :25 
Introduced by SENATOR CYNTHIA VILLAR 
AN ACT 
i 
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3 
4 
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 
5· CODE OF 1998 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
8 
Congress assembled: 
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SECTION 1. Section 91 of Republic Act No. 8550, otherwise known as the 
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Philippine Fisheries Code of 1998, is hereby amended to read as follows: 
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"SEC. 91. Ban on Coral Exploitation and Exportation. - It shall be unlawful 
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for any person or corporation to gather, possess, sell or export ordinary precious 
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and semi-precious corals, whether raw or in processed form, except for scientific 
17 
or research purposes. 
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Violations of this provision shall be punished by imprisonment from six (6) 
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months to two (2) years and a fine from [Two Thousand Pesos (Php 2,000.00) to 
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Twenty Thousand Pesos (P20,000.00)) ONE HUNDRED THOUSAND PESOS 
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(Php 100,000.00) TO FIVE HUNDRED THOUSAND PESOS (Php 500,000.00), 
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or both such fine and imprisonment, at the discretion of the court, and forfeiture 
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of the subject corals, including the vessel and its proper disposition. 
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The confiscated corals shall either be returned to the sea or donated to 
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schools and museums for educational or scientific purposes or disposed through 
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other means." 
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SEC. 2. Section 97 of Republic Act No. 8550 is hereby amended to read as 
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follows: 
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"SEC. 97. Fishing or Taking of Rare, Threatened or Endangered Species. 
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It shall be unlawful to fish or take, CATCH, GATHER, SELL, PURCHASE, 
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POSSESS, TRANSPORT AND EXPORT rare, threatened or ~ndangered 
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species, as listed [in the CITES] AND DEFINED AS SUCIi IN THE 
I 
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CONVENTION ON INTERNATIONAL TRADE OF ENDANGERED SPECIES OF 
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FLORA AND FAUNA, HEREINAFTER REFERRED TO AS CITES, THE 
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INTERNATIONAL 
UNION 
FOR 
CONSERVATION 
OF 
NATURE 
AND 
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NATURAL 
RESOURCES 
(IUCN), 
AND 
REPUBLIC 
ACT 
NO. 
9147, 
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OTHERWISE KNOWN AS THE WILDLIFE ACT and as [determined] 
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IMPLEMENTED by the Department PURSUANT TO ITS PUBLISHED RULES 
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AND REGULATIONS. 
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THE TAKING, CATCHING, GATHERING AND POSSESSION OF WILD 
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SPECIES FOR SCIENTIFIC RESEARCH OR ARTIFICIAL PROPAGATION 
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PURPOSES MAY BE ALLOWED SUBJECT TO THE 
RULES AND 
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REGULATIONS PROMULGATED BY THE DEPARTMENT: PROVIDED, THAT 
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GATHERING, SELLING OR EXPORTING CULTURED OR ARTIFICIALLY 
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PROPAGATED SPECIES THAT HAVE BEEN TRANSPLANTED TO THEIR 
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NATURAL HABITAT AND LISTED IN THE CITES, IUCN AND RA NO. 9147 
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SHALL NOT BE ALLOWED. 
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THE TAKING, CATCHING, GATHERING, POSSESSION OR TRADE OF 
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ARTIFICIALLY PROPAGATED AND CULTURED SPECIES LISTED IN THE 
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CITES, IUCN AND RA NO. 9147 MAY BE ALLOWED SUBJECT TO THE 
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RULES AND REGULATIONS PROMULGATED BY THE DEPARTMENT. 
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CONSISTENT WITH THE CITES RULES AND REGULATIONS, A NON-
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DETRIMENTAL FINDING (NDF) SHALL BE CONDUCTED BEFORE ANY 
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TRADE WILL BE ALLOWED TO THOSE SPECIES LISTED UNDER 
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APPENDIX II and III OF THE CITES. 
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Violation of the provision of this section shall be punished by imprisonment 
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of twelve (12) years to twenty (20) years and/or a fine of [One H~ndred and 
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Twenty Thousand Pesos (Php 120,000.00)] ONE HUNDRED THOUSAND 
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PESOS (Php 100,000.00) TO FIVE HUNDRED THOUSAND PESOS (Php 
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500,000.00), [and] forfeiture of the catch, and the cancellation of fishing permit. 
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SHOULD THE CULPABLE VIOLATION BE COMMITTED THROUGH 
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OR BY A FISHING VESSEL MANNED BY MORE THAN TWO (2) PERSONS, 
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THE HEAD OR CAPTAIN OF THE BOAT AND THE SUPPORT PERSONNEL 
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THEREOF INVOLVED IN THE FISHING AND CATCHING OF SUCH 
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PROTECTED MARINE LIFE SHALL BE PRESUMED TO HAVE COMMITTED 
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THE PROHIBITED ACT AND THE PENAL TV PROVIDED FOR IN THE 
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IMMEDIATELY PRECEDING PARAGRAPH SHALL BE IMPOSED ON THEM." 
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SEC. 3. The Department of Agriculture - Bureau of Fisheries and Aquatic 
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Resources shall promUlgate the rules and regulations to implement this amendment 
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within sixty (60) days from the approval of this Act. 
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The Bureau of Fisheries and Aquatic Resources shall, in coordination with the 
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National Fisheries and Aquatic Resources Management Councils (NFARMC), local 
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government units, private institutions and other government agencies concerned, initiate 
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the development of a fisheries resource management plan for each CITES listed 
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species, indicating therein conservation and rehabilitation measures. 
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SEC. 4. This Act shall take effect fifteen (15) days after its publication in a 
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newspaper of general circulation. 
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Approved, 
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