Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City 03 SEP. 2013 a

SIXTEENTH CONGRESS. x
First Regular Session \

HOUSE BILLNO._2718

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez III

EXPLANATORY NOTE

The weak penalties provided for in certain sections of Chapter VI, Article II
of R.A. 8550, otherwise known as the Fisheries Code of 1998 do not effectively
restrain commercial fishing operators from encroaching in municipal fishing
grounds. Nor is it enough to hinder violators from continuing with their illegal
activities

The rampant encroachment of commercial fishers in the municipal waters
has caused severe damage to our country's already depleted fishing grounds.
Study shows that a day of illegal commercial fishing operation can deprive the
marginalized fisherfolk two months of fish catch. This is enough motivation for the
government to act towards effectively putting a stop to these illegal activities and
violations.

An increase in fines and period of imprisonment would serve as a harsh
penalty for violators and emphasize the government's dedication to protecting
and sustaining the country’s fishery and aquatic resources. This increase in
penalties for fishery violations attests to the underlying principle of giving
preference to municipal fisherfolk over the utilization of municipal waters.

‘Adjustment with regard to the penalty imposed is also needed to cover
confiscation and forfeiture of the gears and the vessels, aside from the catch.
Previous violators have continued their illegal activities despite being caught
before, because the harmful gears were consequently released and the cost of
the fines were negligible considering the volume of their catch and the profit that
they get from their illegal activities. This time, even the carrying vessels can be
subject for confiscation.

The proposed higher penalties and stiffer fines would be based on the
value of the damage wrought by the violation. Such is the case with corals.
Corals play a significant role in the marine ecosystem and their exploitation and
exportation have depleted this foremost marine habitat, thus resulting to
degradation of the fishery resources over damaged areas.


Aside from the penalty of imprisonment and fines, other damages have
also been included as one of the penalties that may be incurred by a violator for
illegally converting mangroves into fishponds. This includes reparation and
compensation for the destruction caused upon the mangrove ecosystem, which
has been scientifically valued higher considering its role in the life cycle of most
fishes,

With Local Government Units (LGUs) at the forefront of this problems in the
coastal communities and whose mandates cover the 15 kilometers municipal
waters, this bill seeks to give greater authority to LGUs in managing municipal
waters. LGUs can initiate administrative proceedings to protect its resources
and apprehend violators aside from confiscating their vessels and equipment
used in performing illegal acts. Aside from the Department of Agriculture, the
LGUs have also been given authority to declare fishery reserves, refuge and
sanctuaries.

LGU-deputized fishery enforcement officers have always been targets of
harassment in the performance of their duties. In line with the recognition of these
community-based men and women who volunteer to perform or implement
fishery laws, ordinances and other regulations, any obstruction to perform their
duties is likewise penalized. This act shall also institutionalize incentive schemes
wherein LGUs can allocate funds for FARMC, Bantay-Dagat members, and other
volunteer fishery law enforcement officers from fines collected.

This bill seeks to amend certain sections on Chapter VI and provide an
additional chapter on legal, administrative and quasi-judicial actions to Article II of
R.A. 8550 with the objective of strengthening the prohibitions to curb if not totally
eliminate the illegal activities of the commercial fishers in municipal waters and to
institutionalize the right of every citizen to file suit and receive remunerations for
violations to their person and to the provisions of this act.

In view of the foregoing, the approval of the attached bill is earnestly

requested.

WALDEN F. BELLO

—
IBARRA|M. G! ZI


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

4
HOUSE BILLNO,_2713

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez Ill

AN ACT AMENDING CHAPTER VI, PROHIBITIONS AND PENALTIES AND.
PROVIDING AN ADDITIONAL CHAPTER ON LEGAL ACTIONS TO R.A.
8550, ENTITLED: “AN ACT PROVIDING FOR THE DEVELOPMENT,
MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC.
RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND
FOR OTHER PURPOSES.”

Be it enacted by the Senate and the House of the Representatives of the
Philippines in Congress assembled:

SECTION 1. Section 86 of R.A. 8550 is hereby amended to read as
follows:

“SEC. 86, Unauthorized Fishing or Engaging in Other
Unauthorized Fisheries Activities.

No person shall exploit, occupy, produce, breed, culture, capture or
gather fish, fry or fingerlings of any fishery species or fishery products, or
engage in any fishery activity in Philippine waters without a license, lease or
permit.

Discovery of any person in an area where he has no permit or
registration papers for a fishing vessel shall constitute a prima facie
presumption that the person and/or vessel is engaged in unauthorized fishing:
Provided, That fishing for daily food sustenance or for leisure which is not for
commercial, occupation or livelihood purposes may be allowed.

IT SHALL BE UNLAWFUL TO ENGAGE IN COMMERCIAL FISHING
3


IN MUNICIPAL WATERS, in bays and in such other fishery management
areas which may hereinafter be declared as overexploited

THE BOAT CAPTAIN, the three (3) highest officers of the boat, AND
THE OPERATOR who commit any of the above prohibited acts upon
conviction shall EACH be punished by a fine equivalent to the value of catch
or ONE HUNDRED THOUSAND PESOS (P100,000) whichever is higher, and
imprisonment of SIX (6) YEARS , confiscation of catch and fishing gears,
automatic revocation of license AND OTHER DAMAGES AT THE
DISCRETION OF THE COURT, INCLUDING ACTUAL DAMAGES, THE
COST OF ENVIRONMENTAL DESTRUCTION AND UNREALIZED
EARNINGS SUFFERED BY THE FISHERFOLK.

FINES COLLECTED WILL BE ADDED TO THE LGU BUDGET
APPROPRIATED FOR FARMCs.

SECTION 2. Section 88 of R.A. 8550 is hereby amended to read as
follows:

“Section 88, Fishing Through Explosives, Noxious or Poisonous
Substance, and/or Electricity. —(1) It shall be unlawful for any person to
catch, take or gather or cause to be caught, taken or gathered, fish or any
fishery species in Philippine waters with the use of electricity, explosives,
noxious or poisonous substance such as sodium cyanide in the Philippine
fishery areas, which will kill, stupefy, disable or render unconscious fish or
fishery species: Provided, That the Department, subject to such safeguards
and conditions deemed necessary and endorsement from the concerned
LGUs, may allow, for research, educational or scientific purposes only, the
use of electricity, poisonous or noxious substances to catch, take or gather
fish or fishery species: Provided, further, That the use of poisonous or noxious
substances to eradicate predators in fishponds in accordance with accepted
scientific practices and without causing adverse environmental impact in
neighboring waters and grounds shall not be construed as illegal fishing.


It will likewise be unlawful for any person, corporation or entity to
possess, deal in, sell or in any manner dispose of, any fish or fishery species
which have been illegally caught, taken or gathered.

The discovery of dynamite, other explosives and chemical compounds
which contain combustible elements, or noxious or poisonous substances, or
equipment or device for electro-fishing in any fishing vessel or in the
possession of any fisherfolk, operator, fishing boat official or fishworker shall
constitute prima facie evidence, that the same was used for fishing in violation
of this Code, The discovery in any fishing vessel of fish caught or killed with
the use of explosive, noxious or poisonous substances or by electricity shall
constitute prima facie evidence that the fisherfolk, operator, boat official or
fishworker is fishing with the use thereof.

(2) MERE POSSESSION OF EXPLOSIVE, NOXIOUS OR
POISONOUS SUBSTANCES FOR ILLEGAL FISHING OR OF ANY AMOUNT
OF SODIUM CYANIDE SHALL BE PUNISHABLE BY IMPRISONMENT
RANGING FROM TWELVE (12) MONTHS TO TWENTY-FIVE (25) YEARS.

(3) MERE POSSESSION OF ELECTRO FISHING DEVICES FOR
ILLEGAL FISHING SHALL BE PUNISHABLE BY IMPRISONMENT
RANGING FROM TWO (2) YEARS TO FOUR (4) YEARS.

(3) Actual use of explosives, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by imprisonment
ranging from TWENTY (20) years to LIFE IMPRISONMENT without prejudice
to the filing of separate criminal cases when the use of the same result to
physical injury or loss of human life. ACTUAL USE OF THE SAME
RESULTING TO PHYSICAL INJURIES OR DEATH SHALL BE PUNISHABLE
BY IMPRISONMENT RANGING FROM TWENTY FIVE (25) YEARS TO LIFE
IMPRISONMENT

(4) Dealing in, selling, POSSESSING, or in any manner disposing of,
for profit, illegally caught/gathered fisheries species shall be punished by
imprisonment ranging from FIVE (5) to TEN (10) years.


(6) In all cases enumerated above, the explosives, noxious or
poisonous substances and/or electrical devices, as well as the fishing vessels,
fishing equipment and catch shall be forfeited.”

SECTION 3. Section 89 of R.A. 8550 is hereby amended to include
the following:

“SEC. 89-A. BAN ON FISHING JUVENILE SPECIES

IT SHALL BE UNLAWFUL FOR ANY PERSON TO CATCH, GATHER,
CAPTURE, POSSESS OR TRANSPORT JUVENILE FISH.
DETERMINATION OF THE MEASUREMENTS OF WHAT JUVENILE
FISHES ARE SHALL BE GIVEN TO THE DEPARTMENT.

VIOLATION OF THE ABOVE SHALL SUBJECT THE OFFENDER TO
A FINE FROM TWO THOUSAND PESOS (P2,000.00) TO TWENTY
THOUSAND PESOS (P20,000.00) OR IMPRISONMENT FROM SIX (6)
MONTHS TO TWO (2) YEARS OR BOTH SUCH FINE AND
IMPRISONMENT AT THE DISCRETION OF THE COURT:

PROVIDED THAT IF THE OFFENSE IS COMMITTED BY A
COMMERCIAL FISHING VESSEL, THE BOAT CAPTAIN AND THE MASTER
FISHERMAN SHALL ALSO BE SUBJECT TO THE PENALTIES PROVIDED
HEREIN:

PROVIDED, FURTHER, THAT THE OWNER/OPERATOR OF THE
COMMERCIAL FISHING VESSEL WHO VIOLATES THIS PROVISION
SHALL BE SUBJECTED TO THE SAME PENALTIES PROVIDED HEREIN:

PROVIDED, FINALLY, THAT THE DEPARTMENT IS HEREBY
EMPOWERED TO IMPOSE UPON THE OFFENDER AN ADMINISTRATIVE
FINE AND/OR CANCEL HIS PERMIT OR LICENSE OR BOTH.”


SECTION 4. Section 90 of R.A. 8550 is hereby amended to read as
follows:

“SEC. 90. Use of Fishing Gears in the Municipal Waters and Bays
and Other Fishery Management Areas.

IT SHALL BE UNLAWFUL TO ENGAGE IN FISHING IN MUNICIPAL
WATERS AND IN ALL BAYS AS WELL AS OTHER FISHERY
MANAGEMENT AREAS USING FISHING GEARS NOT ALLOWED AS
DEFINED IN THIS CODE.

THE MUNICIPALITY OR CITY GOVERNMENT, HOWEVER, MAY
THROUGH ITS LOCAL CHIEF EXECUTIVE AND ACTING PURSUANT TO
AN APPROPRIATE ORDINANCE, AUTHORIZE OR PERMIT THE USE OF
ALLOWED GEARS AS DEFINED IN THIS CODE WITHIN THE FIFTEEN (15)
KILOMETER AREA FROM THE SHORELINE IN MUNICIPAL WATERS AS
DEFINED HEREIN, PROVIDED, THAT ALL THE FOLLOWING ARE MET:

a) THAT SAID ORDINANCE PROVIDES FOR A LIST OF ALL GEARS,
BOTH ALLOWED AND NOT ALLOWED, BASED ON THE
FOLLOWING CRITERIA:

ALLOWED GEARS - REFERS TO FISHING GEARS
THAT SATISFY ALL OF THE FOLLOWING CRITERIA:
1) WILL NOT DEPRIVE ANYONE OF THE USE OF THE
MUNICIPAL WATERS; 2) WILL NOT HARM COASTAL.
AND MARINE HABITAT; 3) WILL NOT DEPLETE FISH
STOCK; 4) WILL PROMOTE A BALANCE IN THE
MARINE AND COASTAL ECOSYSTEM; AND 5) WILL
NOT ENDANGER THE HEALTH AND SAFETY OF THE
PEOPLE.

NOT ALLOWED GEARS - ALL OTHER FISHING
GEARS THAT FAIL TO SATISFY ANY OF THE
ABOVEMENTIONED CRITERIA.


b) THAT SAID ORDINANCE PROVIDES FOR THE LIMITATIONS ON
THE USE OF EACH ALLOWED GEAR REGARDING MESH SIZE,
TEMPORAL RANGE OR RANGE OF TIME TO WHICH GEAR MAY
BE ALLOWED, ZONING OR DESIGNATED AREA WHERE GEAR
MAY BE ALLOWED, SIZE RESTRICTIONS OR PHYSICAL
DIMENSIONS ALLOWED, NUMBER RESTRICTIONS OR THE
QUANTITY OF GEARS ALLOWED, DESIGN REGULATIONS OR
SPECIFIC COMPONENTS / PARTS AND MATERIALS ALLOWED
FOR VARIATIONS OF THE GEAR AND EFFORT REGULATION OR
CORRESPONDING LICENSE FEES AND TAXES;

A SYSTEM THAT SHALL SUBJECT A NEW GEAR AND/OR
TECHNOLOGY TO AN APPLICATION AND ASSESSMENT PERIOD
TO FACILITATE ITS POSSIBLE INTRODUCTION AND/OR ADDITION
TO THE LIST OF PERMITTED GEARS IS DEFINED IN SAID
ORDINANCE;

°)

d

PRIOR CONSULTATION, THROUGH PUBLIC HEARING, WITH THE
VARIOUS STAKEHOLDERS AND MI/C/IFARMC HAS BEEN
CONDUCTED FOR THE DRAFTING AND FINALIZATION OF THE
SAID ORDINANCE; AND

THAT THE FOLLOWING GEARS ARE TOTALLY BANNED FROM
MUNICIPAL WATERS:

e)

* TRAWL (ALL KINDS) ---- GALADGAD, NORWAY

= PURSE SEINE PANGULONG

» DANISH SEINE HULBOT-HULBOT,
PAHULBOT-HULBOT, LIKISAN,
LIBA-LIBA, PALISOT, PATANGKO,
BIRA-BIRA, BULI-BULI,
HULAHOOP, ZIPPER,
LAMPORNAS, ETC.



= RING NET --- KUBKOB, PANGULONG,

KALANSISI
= DRIVE-IN NET --- PA-ALING, KAYAKAS
= ROUND HAUL SEINE ---- SAPYAW, LAWAG
* MOTORIZED PUSH NET --- SUDSOD
= BAGNET --- BASNIG, SAKLIT

* FISHING GEARS USING COMPRESSORS

GEARS NOT INCLUDED IN THE LIST OF PERMITTED GEARS
CONTAINED IN THE SAID ORDINANCE ARE THEREBY PROHIBITED
WITHIN THE 15 KM, MUNICIPAL WATERS. IN NO CASE SHALL THE
AUTHORIZATION OR PERMIT MENTIONED ABOVE BE GRANTED FOR
FISHING IN BAYS AS DETERMINED BY THE DEPARTMENT TO BE IN AN
ENVIRONMENTALLY CRITICAL CONDITION AND DURING CLOSED
SEASON AS PROVIDED FOR IN SECTION 9 OF THIS CODE.

The owner, boat captain and master fisherman of the vessels which
participated in the violation shall suffer the penalty of imprisonment from six
(6) years to twelve (12) years with no probation; and a fine of Two Thousand
(P2,000.00) to Ten Thousand Pesos (P10,000.00). Paraphernalia, gears and
the vessel shall be confiscated and forfeited.

SECTION 5. Section 91 of R.A. 8550 is hereby amended to read as
follows:

"Section 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 ONE (1) DAY to TEN (10) years and a fine from ONE HUNDRED
thousand pesos (P100,000.00) 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.”

SECTION 6, Section 93 of R.A. 8550 is hereby amended to read as
follows:

“Section 93. BAN ON THE USE OF SUPERLIGHTS. — IT SHALL
BE UNLAWFUL TO ENGAGE IN FISHING WITH THE USE OF
SUPERLIGHTS.

THE DISCOVERY OF SUPERLIGHTS IN A FISHING VESSEL SHALL
BE CONSIDERED PRIMA FACIE EVIDENCE THAT SAID LIGHT HAS BEEN
USED FOR FISHING, ALL OTHER ACCOMPANYING VESSELS THAT
PARTICIPATED IN THE OPERATION OF THE SUPERLIGHT SHALL HAVE
THE SAME LIABILITY AS THE VESSEL CARRYING THE SUPERLIGHT.

THE BOAT CAPTAIN, THE THREE (3) HIGHEST OFFICERS OF THE
BOAT, AND THE OPERATOR WHO COMMITTED THE PROHIBITED ACT
UPON CONVICTION SHALL BE PUNISHED BY ONE (1) TO TWO (2)
YEARS OF IMPRISONMENT AND A FINE OF ONE MILLION PESOS
(P1,000,000.00) PER VESSEL.

SECTION 7. Section 94 of R.A. 8550 is hereby amended to read as
follows:

“Section 94.CUTTING, DAMAGING AND Conversion of
Mangroves. — It shall be unlawful for any person to CUT AND DAMAGE
MANGROVES. IT SHALL ALSO BE UNLAWFUL TO convert mangroves into
fishponds or for any other purposes.

Violation of the provision of this section shall be punished by
imprisonment of TWENTY (20) years and one (1) day to FORTY (40) years
and a fine of Eighty thousand pesos (P80,000,00) AND ENVIRONMENTAL
DAMAGES COMPUTED AT TWO HUNDRED FORTY THOUSAND PESOS.

10


(P240,000.00) PER HECTARE PER YEAR UNTIL SUCH AREA |S
RESTORED: Provided, That if the area requires rehabilitation or restoration
as determined by the court, the offender should also be required to restore or
compensate for the restoration of the damage.

SECTION 8. Section 96 of R.A. 8550 is hereby amended to read as

follows:

“SEC. 96, Fishing in Fishery Reserves, Refuge and Sanctuaries. -
It shall be unlawful to fish in fishery areas declared by the Department AND
THE LOCAL GOVERNMENT UNITS as fishery reserves, refuge and
sanctuaries.

Violation of the provision of this section shall be punished by
imprisonment of two (2) years to six (6) years and/or fine of Two thousand
pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture
of the catch and the cancellation of fishing permit or license.”

SECTION 9. Section 103 of R.A. 8550 is hereby amended to read
as follows:

“Section 103. Other Violations. — The following fisheries
activities shall also be considered as a violation of this Code:

a. Failure to Comply with Minimum LABOR AND Safety Standards, —
The owner and captain of a commercial fishing vessel engaged in
fishing who, upon demand by proper authorities, fails to exhibit or show
proof of compliance with the LABOR AND safety standards provided in
this Code, shall be immediately prevented from continuing with his
fishing activity and escorted to the nearest port or landing point. The
license to operate the commercial fishing vessel shall be suspended
until the LABOR AND safety standard has been complied with.

b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and
Fish Cages. — The FLA of the holder who fails to render a yearly
aul


report shall be immediately cancelled: Provided, That if the offender be
the owner of the fishpond, fish pen or fish cage, he shall be subjected
to the following penalties: (1) first offense, a fine of Five hundred pesos
(P500.00) per unreported hectare; (2) subsequent offenses, a fine of
One thousand pesos (1,000.00) per unreported hectare.

c. Gathering and Marketing of Shell Fishes. — It shall be unlawful for
any person to take, sell, transfer, or have in possession for any
purpose any shellfish, which is sexually mature or below the minimum
size or above the maximum quantities prescribed for the particular

species.

d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream,
River, Lake or Bay. — It shall be unlawful for any person who causes
obstruction to navigation or flow or ebb of tide.

e. Construction and Operation of Fish Corrals/Traps, Fish Pens and
Fish Cages. — It shall be unlawful to construct and operate fish
corrals/traps, fish pens and fish cages without a license/permit.

F, FAILURE TO COMPLY WITH THE CODE OF PRACTICE ON
SUSTAINABLE AQUACULTURE AND THE EIS SYSTEM WHICH
SHALL BE PUNISHED BY IMPRISONMENT OF SIX (6) YEARS AND.
ONE (1) DAY TO TWELVE (12) YEARS AND A FINE OF ONE
HUNDRED THOUSAND PESOS  (P100,000.00) PLUS AN
ADDITIONAL FINE OF EIGHT THOUSAND PESOS (P8,000.00) PER
DAY UNTIL SUCH VIOLATION CEASES AND THE FINE PAID.

Subject to the provision of subparagraphs (b) AND (F) of this section,

violation of the above-enumerated prohibited acts shall subject the offender to
a fine ranging from Two thousand pesos (P2,000.00) to Ten thousand pesos
(P10,000.00) or imprisonment from one (1) month and one (1) day to six (6)
months, or both such fine and imprisonment, upon the discretion of the court:
Provided, That the Secretary is hereby empowered to impose upon the
offender an administrative fine of not more than Ten thousand pesos

12


(P10,000.00) or to cancel his permit or license, or to impose such fine and to
cancel his permit or license, in the discretion of the Secretary: Provided,
further, That the Secretary, or his duly authorized representative, and law
enforcement agents are hereby empowered to impound with the assistance of
the Philippine Coast Guard, PNP-Maritime Command: Provided, finally, That
any person who unlawfully obstructs or delays the inspection and/or
movement of fish and fishery/aquatic products when such inspection and/or
movement is authorized under this Code, shalll be subject to a fine of not more
than Ten thousand pesos (P10,000.00) or imprisonment of not more than two
(2) years, or both such fine and imprisonment, upon the discretion of the
court

Every penalty imposed for the commission of an offense shall carry
with it the forfeiture of the proceeds of such offense and the instruments or
tools with which it was committed,

Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be the property of a third
person not liable for the offense, but those articles which are not subject of
lawful commerce shall be destroyed.”

SECTION 10. Section 106 of R.A. 8550 is hereby amended to read
as follows:

“Section 106, Obstruction to Fishery Law Enforcement Officer. —
The boat owner, master or operator or any person acting on his behalf of any
fishing vessel who evades, obstructs or hinders any fishery law enforcement
officer of the Department AND/OR THE DEPUTIZED FISH WARDEN OF
THE LOCAL GOVERNMENT UNIT to perform his duty, shall be fined Ten
thousand pesos (P10,000.00). In addition, the registration, permit and/or
license of the vessel including the license of the master fisherman shall be
canceled.

ADDITIONAL PENALTY AND FINE WILL BE IMPOSED WHEN
RESISTANCE RESULTED IN PHYSICAL INJURIES OR DEATH.”


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ACCORDANCE WITH PERTINENT LAWS, RULES,
REGULATIONS AND POLICIES ON THE MATTER,

SECTION 110, REWARD TO INFORMANTS AND THE
APPREHENDING TEAM — ANY FARMC WHICH HAS
JURISDICTION OVER MUNICIPAL WATERS WHERE ANY
PERSON CAN PROVIDE INFORMATION AND IS PART OF
THE TEAM THAT LEADS TO THE APPREHENSION AND.
CONVICTION OF ANY OFFENDER FOR ANY VIOLATION OF
THIS ACT OR OTHER FISHERY LAWS, RULES AND
REGULATIONS, OR CONFISCATION AND FORFEITURE OF
FISH, FISHERY SPECIES, OTHER AQUATIC RESOURCES,
GEARS AND CONVEYANCES, SHALL BE GIVEN A REWARD
IN THE AMOUNT OF EIGHTY PERCENT (80%) OF THE
PROCEEDS OF THE CONFISCATION AND FORFEITURE,
AND ADMINISTRATIVE FINES COLLECTED BY THE
BUREAU OR THE LGU IN RELATION THERETO. PROVIDED
THAT, FORTY PERCENT (40%) OF THE REWARD
COLLECTED BY THE FARMC SHALL BE GIVEN TO THE
INFORMANT AND THE APPREHENDING TEAM, ANOTHER
FORTY PERCENT (40%) SHALL BE UTILIZED FOR LAW
ENFORCEMENT PURPOSES, AND THE REMAINING
TWENTY PERCENT (20%) FOR OTHER FARMC ACTIVITIES.

THE REMAINING TWENTY PERCENT (20%) OF THE
PROCEEDS FROM CONFISCATION AND FORFEITURE WILL
GO TO THE LOCAL GOVERNMENT UNIT AND SHALL BE
UTILIZED FOR COMMUNITY BASED RESOURCE
MANAGEMENT PROGRAMS OF THE MUNICIPALITY WHERE
THE VIOLATION OCCURRED.

SECTION 111. CITIZENS SUITS. - FOR THE
PURPOSES OF ENFORCING THE PROVISIONS OF THIS
ACT OR ITS IMPLEMENTING RULES AND REGULATIONS,


ANY CITIZEN MAY FILE AN APPROPRIATE CIVIL, CRIMINAL
OR ADMINISTRATIVE ACTION IN THE PROPER
COURTS/BODIES AGAINST:

A)

B)

Cc)

ANY PERSON WHO VIOLATES OR FAILS TO
COMPLY WITH THE PROVISIONS OF THIS ACT,
ITS IMPLEMENTING RULES AND REGULATIONS;
OR

THE DEPARTMENT OR OTHER IMPLEMENTING
AGENCIES WITH RESPECT TO ORDERS, RULES
AND REGULATIONS ISSUED INCONSISTENT
WITH THIS ACT; AND/OR

ANY PUBLIC OFFICER WHO WILLFULLY OR
GROSSLY NEGLECTS THE PERFORMANCE OF
AN ACT SPECIFICALLY ENJOINED AS A DUTY BY
THIS ACT OR ITS IMPLEMENTING RULES AND
REGULATIONS; OR ABUSES HIS AUTHORITY IN
THE PERFORMANCE OF HIS DUTY; OR, IN ANY
MANNER IMPROPERLY PERFORMS HIS DUTIES
UNDER THIS ACT OR ITS IMPLEMENTING RULES
AND REGULATIONS; PROVIDED, HOWEVER,
THAT NO SUIT CAN BE FILED UNTIL AFTER
THIRTY-DAY (30) NOTICE HAS BEEN GIVEN TO
THE PUBLIC OFFICER AND THE ALLEGED
VIOLATOR CONCERNED AND NO APPROPRIATE
ACTION HAS BEEN TAKEN THEREON.

SECTION 112. INDEPENDENCE OF ACTION - THE

FILING OF AN ADMINISTRATIVE SUIT AGAINST SUCH
PERSON/ENTITY DOES NOT PRECLUDE THE RIGHT OF
ANY OTHER PERSON TO FILE ANY CRIMINAL OR CIVIL


ACTION. SUCH CIVIL ACTION SHALL PROCEED
INDEPENDENTLY.

SECTION 113, SUITS AND STRATEGIC LEGAL
ACTION AGAINST PUBLIC PARTICIPATION (SLAPP) AND
THE ENFORCEMENT OF THIS ACT. - WHERE A SUIT IS
BROUGHT AGAINST A PERSON WHO FILED AN ACTION AS
PROVIDED IN SEC. 111 OF THIS ACT, OR AGAINST ANY
PERSON, INSTITUTION OR GOVERNMENT AGENCY THAT
IMPLEMENTS THIS ACT, IT SHALL BE THE DUTY OF THE
INVESTIGATING PROSECUTOR OR THE COURT, AS THE
CASE MAY BE, TO IMMEDIATELY MAKE A DETERMINATION
NOT EXCEEDING THIRTY (30) DAYS WHETHER SAID
LEGAL ACTION HAS BEEN FILED TO HARASS, VEX, EXERT
UNDUE PRESSURE OR STIFLE SUCH LEGAL RECOURSES
OF THE PERSON COMPLAINING OF OR ENFORCING THE
PROVISIONS OF THIS ACT. UPON DETERMINATION
THEREOF, EVIDENCE WARRANTING THE SAME, THE
COURT SHALL DISMISS THE COMPLAINT AND AWARD THE.
ATTORNEY'S FEES AND DOUBLE DAMAGES.

THIS PROVISION SHALL ALSO APPLY AND BENEFIT
PUBLIC OFFICERS WHO ARE SUED FOR ACTS
COMMITTED IN THEIR OFFICIAL CAPACITY, THERE BEING
NO GRAVE ABUSE OF AUTHORITY, AND DONE IN THE
COURSE OF ENFORCING THIS ACT.

SECTION 114, LIEN UPON PERSONAL AND
IMMOVABLE PROPERTIES OF VIOLATORS. - FINES AND
PENALTIES IMPOSED PURSUANT TO THIS ACT SHALL BE
LIENS UPON PERSONAL AND IMMOVABLE PROPERTIES
OF THE VIOLATOR. SUCH LIEN SHALL, IN CASE OF
INSOLVENCY OF THE RESPONDENT VIOLATOR, ENJOY
PREFERENCE TO LABORER’S WAGES UNDER ARTICLE

17


2241 AND 2242 OF REPUBLIC ACT NO. 386, OTHERWISE
KNOWN AS THE NEW CIVIL CODE OF THE PHILIPPINES.

SECTION 12. Repealing Clause. — All laws, decrees, executive
orders and rules and regulations or part thereof, which are inconsistent with
this Code, are repealed or modified accordingly.

SECTION 13. Separability Clause. — If any portion of this Code is
declared unconstitutional or invalid, the portions or provisions thereof, which
are not affected thereby, shall continue in full force and effect.

SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette;

Approved,