Republic of the Philippines

House of Representatives

‘Quezon City, Meteo Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1932

~ 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 centers of marine biodiversity, with one of the richest
concentrations 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 this 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 benefi
despite the hazards they face, the time spent protecting the municipal



Republic of the Philippines

House of Representatives

Quezon City, Metro Manila

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 JO; se F. MATUGAS II
Surigao del Ndrte, First District
(Siargao Island)


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Republic of the Philippines

House of Representatives

Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL nol932

‘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
Republic Act No. 8550

with jurisdiction over the municipal waters as defined

and, upon consultation with the Fisheries and Aquatic Resources Management

Council (FARMC), be responsible for the management, conservation,
nd

development, protection, utilization, and disposition of all fish and fisherie:
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 government units (LGUs). is authorized to train and deputize fisherfolks as

Deputy Fish Wardens, locally known as Bantay Dagat. This Act shall provide


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benefits and incentives to these volunteer Bantay Dagat who ave 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

stemize 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

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the Municipal/City Fisheries and Aquatic Resources Management Cou
QWV/CEMARC) 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
aceredited Bantay Dagat shall be given appropriate proof of said accreditation.

SEC. 5. Qualifications of Bantay Dagat - Any person seeking accreditation
as Banlay Dagat must possess the following qualifications:

a) a Filipino citizen:

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

where he/she intends to be accredited:

©) not less than twenty-one (21) years but not more than sixty (60)

years of age:


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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 Incentir 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 ~ Bach 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 take in the course of their
duty. which shall be computed in accordance with prevailing circumstances as
determined by the local government unit concerned:

d) 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;


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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:

e) 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;

) Free Legal Ser'
for Bantay Dagat shall be immediately provided by the Municipal or City Legal
Officer and/or Public Attorney’

and criminal cases filed by or against Bantay Dagat volunteers a

es - Legal representation and consultation services

Office in cases of coercion. interference. and in

other ci ng
out of or in connection with the performance of their duties; and

8) 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 Daga! volunteers requiring the expenditure of local funds

shall be reviewed and recommended by the FARMC for the approval of the LCE

to ensure that only deserving Bantay Dagat get the same.

SEC. 9. Security of Tenure. - All accredited Bantay Dagat shall enjoy

just and

security of tenure and shall not be removed or terminated except for
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.


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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

government units, 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.

SEC. 13. Rules and Regulations.— The BFAR. in cooperation with the
Department of the Interior and |.ocal 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,