Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

2025

HOUSE BILL NO.

introduced by Honorable Representatives
ARLENE D. BROSAS (Gabriela Women’s Party),
FRANCE L. CASTRO (ACT Teachers Partylist),

and RAOUL DANNIEL A. MANUEL (Kabataan Partylist)

AN ACT MANDATING THE
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES
FOR SUSTAINABLE SMALL-SCALE FISHERIES IN THE COUNTRY

EXPLANATORY NOTE

The small fisherfolk in the country is more or less synonymous with being the “poorest of the
poor” Based on Philippine Statistics Authority (PSA) data, poverty incidence among basic
sectors was highest on the fisherfolk sector until 2015, when farmers slightly surpassed it. In
2006, it was 41.2%, 2009 41.3%, 2012 39.2% and 2015 34%. These numbers should have
illuminated policymakers the severity of fisherfolk's impoverished situation, especially when the
2015 poverty threshold was set to P9,064 for a family of five, or around P300 per day. With this
income, the right to an adequate standard of living that incorporates the right to shelter is
fundamentally a privilege for the fisherfolk sector.

Moreover, the small fisherfolk is identified in the Republic Act No. 8425 Social Reform and
Poverty Alleviation Act, as artisanal fisherfoik, defined as “municipal, small scale or subsistence
fishermen who use fishing gear which do not require boats or which only require boats below
three (3) tons.” Presumably derived from the definition set in the Republic Act No. 8550
Fisheries Code of 1998. The National Anti-Poverty Commission (NAPC) elaborated this on the
Social Reform Agenda as being part of “the poor’ and ‘the marginalized’.”

The vulnerability dimension establishes the small fisherfolk's social, economic and cultural
plight. The United Nations defined vulnerability as the risk of being negatively affected by
shocks, which may be caused by nature or man-made. Some scholars simplify it as being
“vulnerable to poverty when she or he is at risk of becoming poor or at risk of remaining poor,”
while based on the paper “Vulnerability to Income Poverty: Trends from 2003 to 2015" by Jose
Ramon Albert, Ph.D. and Jana Flor Vizmanos, of the Philippine Institute for Development
Studies (PIDS), it was described as “theirfhouseholds] chance of being poor in the future
exceeds the national poverty rate.”

in the said paper, based on the 2015 Family Income and Expenditure Survey (FIES), a minority
16.1% of the fisherfolk sector was classified as non-vuinerable, or a majority 83.9% was


vulnerable to poverty, with varying degrees between “highly” to “relatively.” By major income
source classification. only 16% were non-vulnerable, or 84% were vulnerable. It was the second
most vulnerable on the list, following Forestry and Hunting, where only 11.1% was non-
vuinerable. This undoubtedly implied that drastic changes in a situation such as national
calamities, or a pandemic, could dramatically throw the sector into a state of poverty.

The United Nations, in its various documents and pronouncements, especially on the “Voluntary
Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and
Poverty Eradication,” classified the fisherfolk as part of the “vulnerable and marginalized
groups.” The UN Committee on Fisheries stated that small-scale fishers and fish workers
account for over 90% of all people involved in capture fisheries and are considered to be among
the most vulnerable peopie engaged in fisheries and could be potentially “/eft behind’, unless
appropriate consideration and action are taken. Last March, when UN Secretary-General
Anténio Guterres appealed for a global ceasefire in armed conflict said that the marginalized
and the displaced are also most at risk of suffering devastating losses from COVID-19. In June,
the UN Food and Agriculture Organization (FAO) claimed that the fisherfolk sector was among
the most affected by the pandemic crisis.

Marginalization of the fisherfolk sector manifests on all fronts. It is essentially the deprivation of
due support for small-scale fisheries production and government preference to the capital-
intensive aquaculture sector and unequal application of the law favoring commercial fishing
vessels that engage in over-exploitation of the fishing grounds, and being the final blow, the
essentially inexistent tenuriai rights on the piots of land of their homes and communities. it
throws them as easy victims of displacement to pave the way for government and private
projects and even eco-tourism ventures. The displacement of coastal fishing communities in the
name of reclamation projects, eco-tourism, or even conservation of marine biodiversity is a
testament that the small fisherfolk’s right to adequate standard of living and fishing rights are all
inferior to the pursuance of the latter. It is amid that these human activities virtually demolish the
sustainability of the marine resources and environment, and canceling food security, almost
comprehensively.

Even the “people's safety” or the geo-hazard phenomenon was invoked in the 40-meter “no
build zone” proposal in the aftermath of typhoon Yolanda in 2014. It fiterally meant the
displacement of millions of fisherfolk families amid the country being archipelagic, and history is
rooted in the development of communities along the shores. The geo-hazard question ended
with the vicious aim of displacement of almost a whole population sector and failed to dig up the
root of vulnerability.

Past and present administrations neglected the root of the vulnerability of fishing communities to
natural calamities, particularly storm surges. It is the deforestation of the mangrove trees
Currently, numerous studies establish the advantages of mangrove forests to even inland
communities. Existing laws prohibit cutting mangrove trees, but mere approval from the
Department of Environment and Natural Resources (DENR) undermines the wisdom of that
provision. Even the historical wiping out of mangrove forests in Manila Bay remains unrestricted
amid the 2008 Supreme Court mandamus for its rehabilitation. From 54,000 hectares at the turn
of the 20" century, mangrove forests contracted to 794 hectares in 1995. Even now, mangrove
trees were massacred in Bulakan town and cut and buried in Bacoor City, Cavite. These are in
the name of development promised by the 2,500-hectare Aerotropolis Project of San Miguel
Corporation and the Bacoor reclamation project bannered by its local executive.

The jurisprudence lacks to address the tenurial security of poor fisherfolk families in their homes
and communities and the wiping out of mangrove forests in the country by ‘development’
projects. This is amid the 1987 Constitution banners the protection the rights of subsistence


fishermen, especially of local communities, to the preferential use of the communal marine and
fishing resources; that the goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; and highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social, economic, and
political inequalities.

Moreover, the country is committed to the global mission of achieving a better and more
sustainable future for all. Sustainable Development Goals No. 14, “Conserve and sustainably
use the oceans, seas and marine resources for sustainable development,” declares the small
fisherfolk as movers for the future. This further elaborated on its targets and indicators to,
“sustainably manage and protect marine and coastal ecosystems,” “Increase the economic
benefits from sustainable use of marine resources;” and “Support small scale fishers: Provide
access for small-scale artisanal fishers to marine resources and markets." On the corollary,
there is no discourse of sustainability if coastal fishing communities are displaced.

This bill aims to fuifii the promises of the land and the country's iaws to the worid. The decades-
old marginalization of the fisherfolk sector must be decisively ended.

For the interest of millions of Filipino fisherfolk and a sustainable future, the urgent passage of
this bill is earnestly sought.

we
AS IE ROSAS
Gabriela Women’s Party

v

4

en ( a
FRANCE L. CASTRO RAQOL‘DANNIEY. A. MANUEL
Act Teachers Partylist Kabataan Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

2025

HOUSE BILL NO.

Introduced by Honorable Representatives

ARLENE D. BROSAS (Gabriela Women’s Party),
FRANCE L. CASTRO (ACT Teachers Partylist)

and RAOUL DANNIEL A, MANUEL (Kabataan Party!

AN ACT MANDATING THE
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES
FOR SUSTAINABLE SMALL-SCALE FISHERIES IN THE COUNTRY

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

Section 1. Short title. - This Act shall be known as “Special Protection to Coastal Fishing
Communities Act.”

Section 2, Declaration of Policies. - The State shall uphold the provision of the 1987
Constitution, particularly, Section 7 of the Article X!f! on Social Justice and Human Rights, that
states the protection the rights of subsistence fishermen, especially of local communities, to the
preferential use of the communal marine and fishing resources, both inland and offshore and
such protection extends to offshore fishing grounds of subsistence fishermen against foreign
intrusion.

The State shall apply the principle of stewardship of the fisherfolk sector, on the coastal public
domain, based on the principles of the 1987 Constitution

a. Section 1 of the Article XII, National Economy and Patrimony, that the goals of the
national economy are a more equitable distribution of opportunities, income, and wealth,
a sustained increase in the amount of goods and services produced by the nation for the
benefit of the people; and an expanding productivity as the key to raising the quality of
life for all, especially the underprivileged;

b. Section 1 of the Article XIII on Social Justice and Human Rights, that Congress shall
give highest priority to the enactment of measures that protect and enhance the right of
all the people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the
‘common good:

¢. Section 2 that the promotion of social justice shall inciude the commitment to create
‘economic opportunities based on freedom of initiative and self-reliance.


The State shall hold that the national fishery and aquatic resources sector, especially the small-
scale fishing, is vital for the recovery of the national economy and attainment of national food
security, and recognizes the fisherfolk sector as a frontliner sector, deserving of adequate
protection to their rights to adequate standard of living. Likewise, upholds the policy declared by
the Republic Act No. 8425 or Social Reform and Poverty Alleviation Act for a sectoral
intervention to poverty alleviation, wherein, the small fisherfolk and fish worker family, as
referred in this act, shall be empowered to meet its minimum basic needs for their adequate
standard of living

The State shall declare this Act, that consequently sustains small-scale or subsistence fishing
as the country's contribution to the United Nations’ Sustainabie Development Goai No. 14 to
conserve and sustainably use the oceans, seas and marine resources for sustainable
development, and to reduce hunger and improve nutrition, alleviate poverty, generate economic
growth and ensure better use of natural resources.

CHAPTER I
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES

Section 3. The Coastal Fishing Community. - a social unit of fisherfolk, or people directly
or personally and physically engaged in taking, culturing and processing fishery and aquatic
resources, located in the area where interactions of sea, lake or river and similar formations,
and land processes occur and enclosed by the archipelagic baselines stated in the Republic Act
No. 9522.

Section 4. Special Protection to Coastal Fishing Communities. - Coastal fishing
communities are hereby protected from destructive human activities and displacement, such as
but not limited to, reclamation projects, conversion and privatization

Section 5. _ Identification and Establishment of the Coastal Fishing Communities. —
The Bureau of Fisheries and Aquatic Resources (BFAR), or the Bureau of referred to in this Act,
shall act as the lead agency in the identification and establishment of the coastal fishing
communities in the country.
The Bureau shall

a. craft its initial mapping based on its existing records;

b. coordinate with the Department of Environment and Natural Resources (DENR) to
substantiate the mapping with legal descriptions and natural boundaries;

c. hold public consultations on the identification of coastal fishing communities;

d. finalize the Nationai Map of Coastai Fishing Communities, or Fishing Communities
Map, as referred in this Act, Provided that People’s Organizations (POs) or Non-


Government Organizations (NGOs) advocating the rights of small fisherfolk express
their recommendation of approval:

e. _ and issue the map as Fishery Administrative Order, which shall, by virtue of this Act,
constitute the official documentary representation of the purpose of Special
Protection to the Coastal Fishing Communities.

Section 6. Disapproval, Revocation of Human Activities or Projects Detrimental to the
Special Protection to the Coastal Fishing Communities. -

a. _ All plans or projects covering or overlapping the Fishing Communities Map, that are
pending with the office of the Philippine Reclamation Authority (PRA) or any agency
or local government units (LGU) are hereby disapproved.

b. _ Ail Environmental Clearance Certificates (ECC) issued by the DENR and all permits
issued by any government agency or LGU for plans or projects covering or
overlapping the Fishing Communities Map are hereby revoked, and pending
applications for such are hereby disapproved.

Section 7. Conformed Land Use Plan by Local Government Units. — The local
government units shall, in conformity with this Act and in consonance with the Republic Act 7160
cor Local Government Code of 1991, prepare or amend their respective comprehensive land use
plans enacted through zoning ordinances which shall be the primary and dominant bases for the
purpose of Special Protection to the Coastal Fishing Communities

Section 8. Monitoring. - The BFAR, in close cooperation with the Specially-Protected
Coastal Fishing Communities shall ensure and monitor the attainment of the purposes of this.
Act.

CHAPTER II

SPECIAL PROTECTION TO MANGROVE TREES AND FORESTS AND REFORESTATION
FOR SUSTAINABLE SMALL-SCALE FISHERIES

Section 9. Mangrove Reforestation for Sustainable Small-Scale Fisheries. — _|s the
reforestation program for mangrove trees of endemic species to the natural environment of a
Specially-Protected Coastal Fishing Community, Provided that it shall not result in the
dislocation of fisherfoik families, or detriment of their fishing rights and adequate standard of
living

a. The program's objective shall be:

i. to establish fish refuge and sanctuaries, and habitat of other marine life,
towards restoration of biodiversity;

ii, to serve as natural defense to coastal fishing communities from natural
occurrences such as storm surges and flooding;


iii, to contribute to the attainment of sustainability of small-scale fisheries and
improvement of the adequate standard of living of poor fisherfolk families.

The Bureau, shall:

i. Identify the location of persisting mangrove forests and new reforestation sites
enclosed the Specially-Protected Coastal Fishing Community, Provided
that residents of the said community express their approval;

ji, Integrate the said locations to the Fishing Communities Map, as documentary
representation of the purpose of Special Protection to Mangrove Trees and
Forests.

Section 10. Special Protection to Mangrove Trees and Forests. — It is hereby declared
that cutting of mangrove trees is prohibited and no order, permit or license shall be issued, and
existing or pending of such, are hereby revoked, and all mangrove trees or forest is under
special protection.

Furthermore:

a.

All ECCs, permits or licenses issued by the Department of Environment and Natural
Environment (DENR) that allows the destruction or cutting of mangrove forest or
trees are hereby revoked,

All orders issued or memorandum of agreements signed, by or in behalf of the
DENR that allows the destruction or cutting of mangrove forest or trees are hereby
revoked.

CHAPTER Ill
PENAL AND MISCELLANEOUS PROVISIONS

Section 11. Penalties. -

a

For violations of the Sections under Chapter |, Special Protection to Coastal Fishing
Communities:

i. Any public officer or private person found in violation shall be punished with
imprisonment for not less than one year nor more than ten years, and
perpetual disqualification from public office.

ii. Any private entity, such as a corporation, partnership, association, but not
limited to, its officer or officers shall be punished with:

1. imprisonment for not less than one year nor more than ten years;

2. a fine of not less than ten million pesos (P10,000,000) but not more than
twenty million pesos (P20,000,000);


3. reparatory damages for fisherfolk household victims of two million pesos
(P2,000,000) each; and

4. for the Specially-Protected Coastal Fishing Community, the amount of five
million pesos (P5,000,000).

b. For violations of the Sections under Chapter Il, Special Protection to Mangrove
‘Trees And Forests And Reforestation For Sustainable Small-Scale Fisheries:

i. Any public officer or private person found in violation shall be punished with
imprisonment for not less than one year nor more than ten years, perpetual
disqualification from public office, and a fine of not less than twenty million
pesos (P20,000,000) but not more than thirty million pesos (P30,000,000);

ii, Any private entity, such as a corporation, partnership, association, but not
limited to, its officer or officers shall be punished with imprisonment for not less
than one year nor more than ten years; and a fine of not fess than tw
million pesos (P20,000,000) but not more than thirty million pesos
(P30,000,000);

Section 12. Appropriations. - The sum of one billion pesos (P1,000,000,000) is hereby
appropriated to BFAR to implement program components of this Act

Section 13. Implementing Rules and Regulations. - The BFAR, upon consultation with
People’s Organizations (POs) or Non-Government Organizations (NGOs) advocating the rights
of small fisherfolk shail issue the Implementing Rules and Regulations within 15 days from this
Act's effectivity.

Section 14. Separability Clause. — If, for any reason, any section or provision of this Act
found null and void, no other sections or provisions or part hereof shall be affected and remain
in full force and effect.

Section 15. Repealing Clause. — All laws, decrees, executive orders, rules and regulation
and other issuances inconsistent with or contrary to the provisions of this Act are hereby
deemed repealed, amended or modified accordingly.

Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspaper of general circulation.

Approved,