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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._1988

Introduced by: REP. MEL SENEN S. SARMIENTO

EXPLANATORY NOTE

RA 8550 provides the authorized persons to enforce fishery laws, rules and
regulations. However, silent on who the specific persons are who will file the
corresponding charges on illegal fishing violations. There where previous instances wherein
the cases filed by fisherfolk/fish wardens tasked to be the apprehending officers were either
not accepted or dismissed due to lack of legal authority to do so. By clearly vesting authority
to specific persons to enforce this Code and file complaints against violators based on
deputization, the law would be properly implemented.

There are many law enforcement officers designated in this section, but a large
number of these belong to members of the community (fish wardens) who are volunteers in
nature and deserve to avail financial, personal and legal support from the concerned
government agencies. The following considerations should be given: 1) allowance for food,
transportation and other incidental expenses 2) health and medical benefits that includes
accident and death 3) personal security and 4) legal assistance during prosecution and court
proceedings,

The Code provides that the deputation is vested with the Department. However, this
authority is also implemented by the local governments as provided in R.A. 7160 ~ The Local
Government Code of 1991. This bill also seeks to limit the agencies that enforce the
provision of the law.

Approval of this bill is therefore earnestly requested.

in ENTO.

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MEL SE!



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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._1988

Introduced by: REP. MEL SENEN S. SARMIENTO

AN ACT
AMENDING SECTION 124 OF REPUBLIC ACT 8550, OTHERWISE KNOWN
AS THE PHILIPPINE FISHERIES CODE OF 1998

Be_it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
SECTION 1. Section 124 of RA 8550 is hereby amended and shall read as follows:

Sec. 124 — Persons and Deputies Authorized to Enforce this Code and Other
Fishery Laws, Rules and Regulations AND FILE CORRESPONDING CHARGES

AGAINST FISHERY VIOLATORS AT COMPETENT COURT.

[The law enforcement officers of the Department, the Philippine Navy, Philippine
Coast Guard, Philippine National Police (PNP), PNP-Maritime Command, law enforcement
officers of the LGUs and other government agencies, are hereby authorized to enforce this
Code and other fishery rules, and regulations. Other competent government officials and
employees, punong barangays and officers and members of fisherfolk associations who have
undergone training on law enforcement may be designated in writing by the Department as
deputy fish wardens in the enforcement of this Code and other fishery laws, rules and

regulations,] THE LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT, PNP-
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MARITIME COMMAND, AND COMPOSITE TEAM CONSISTING OF LOCAL
PNP, LOCAL FISHERY OFFICERS OF FISHERFOLKS ASSOCIATIONS WHO.

HAVE UNDERGONE TRAINING ON LAW ENFORCEMENT AND MAY BE

DESIGNATED IN WRITING BY THE DEPARTMENT AS DEPUTY FISH
WARDENS IN THE ENFORCEMENT OF THIS CODE AND OTHER FISHERY
LAWS, RULES AND REGULATIONS AND FILE THE CORRESPONDING
CHARGES AGAINST FISHERY VIOLATORS AT COMPETENT COURTS. THESE,
ENFORCERS SHOULD BE IN THEIR PROPER UNIFORMS WITH PROPER
IDENTIFICATIONS AND DOCUMENTS DURING THE ENFORCEMENTS OF

THE LAW.
SECTION 2. Repealing Clause. ~ All laws, decrees, executive orders, proclamations, rules
and regulations, or parts thereof inconsistent herewith are hereby repealed or modified

accordingly.

SECTION 3. Separability Clause. ~ If any provision of this Act is held invalid or

unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.

SECTION 4.

ffectivity Clause. — This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation

Approved,

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