Poy

Rebu of te tle alpine

HOUSE OF REPRESENTATIVES
Queso City

EIGHTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL no, 808%

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDITED
BANTAY DAGAT AND FOR OTHER PURPOSES

The conservation and protection of our seas is no easy task considering the sheer
length of our coasts. There is only so much that can be accomplished in enforcing
coastal environmental laws even with the combined efforts of Department of
Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR), Philippine
National Police- Maritime Group, Philippine Coast Guard and Philippine Navy.

Because of the said difficulties, our national agencies and local government units
rely on training, in partnership with non-governmental organizations, Bantay Dagat or
sea rangers to guard and enforce fishery related laws and ordinances. Yet, our
Bantay Dagat, do not receiver regular honoraria, insurance benefits despite their
important service.

This measure honors and recognizes the importance of our Bantay Dagat by
creating a system of registration, establishing qualifications and granting incentives
and benefits.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.


ron
Ryuble of the Philepines
HOUSE OF REPRESENTATIVES
Queson City
,
EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No8088

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDITED
BANTAY DAGAT AND FOR OTHER PURPOSES

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 "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 with jurisdiction over the
municipal waters as defined by Republic Act No. 8558 and, upon consultation with
the Fisheries and Aquatic Resources Management Council (FARMC), be
responsible for the management, conservation, development, protection, utilization,
and disposition of all fish and fisheries and 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 benefits and incentives to these volunteers Bantay Dagat who are
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 systemize 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 the Municipal/City Fisheries and Aquatic
Resources Management Council (M/CFMARC) 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/CFARNC in the municipality or city In which said Bantay Dagat renders service.
The FARMC, through the concerned LCE, shalll 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 accredited Bantay Dagat shall
be given appropriate proof of said accreditation.

Sec. 5. Qualifications of Bantay Dagat - Any person seeking accreditation as Bantay
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;

c. Not less than twenty-one (21) years but not more than sixty (60) years of age;

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 Incentives. — 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 PhilHeallh Coverage. — Each Bantay Dagat shall be entitled to life
and accident Insurance and PhllHealth 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 Dagats 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;

c. Subsistence Allowance - Each 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 BEAR and other government agencies and
non-government organizations shall provide opportunities to accredited Bantay
Dagat for the following.

i. Continuing education, study and exposure tour trainings, grants, field immersion,
scholarships, and the like;

ii. 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

ii, 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;

f. Free Legal Services. - Legal representation and consultation services for Bantay
Dagat shall be Immediately provided by the Municipal or City Legal Officer and/or
Public Attorney's Office in cases of coercion, interference, and In other civil and
criminal cases filed by or against Bantay Dagat volunteers arising out of or In
connection with the performance of their duties; and

g. 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 Dagat volunteers requiring the expenditure of local funds shall be reviewed
and recommended by the FARMC for the approval of the Local Chief Executive to
ensure that only deserving Bantay Dagat get the same.

Sec. 9. Security of Tenure. — All accredited Bantay Dagat shall enjoy security of
tenure and shall not be removed or terminated except for just and 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.

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 governments, 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 Local 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. Repeating 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,