Manual On Environmental Law Enforcement in Coastal and Marin

Produced by
The Department of Environment and Natural Resources (DENR),

Protected Areas and Wildlife Bureau (PAWB), Coastal and Marine Management Office (CMMO)
In collaboration with
Tanggol Kalikasan, Inc.

And the member organizations of the National Law Enforcement Coordinating CouncilSubcommittee on
Environment and Natural Resources, Local Government Units, partner Non-government Organizations and
Peoples Organizations, academe and other assisting organizations
With the support of
The Integrated Coastal Resources Management Project (ICRMP), United States Agency for International
Development (USAID) & US-Department of Interior (US-DOI)
2013
Manual on Environmental Law Enforcement in Coastal and Marine Areas

By
Department of Environment and Natural Resources
Protected Areas and Wildlife Bureau
Coastal and Marine Management Office
Ninoy Aquino Parks and Wildlife Center, North Avenue, Quezon City
2013
Printed in Manila, Philippines
Citation:
Department of Environment and Natural Resources. 2013. Manual on Environmental Law Enforcement in Coastal and Marine Areas.
Coastal and Marine Management Office of the Protected Areas and Wildlife Bureau of the Department of Environment and Natural
Resources, Quezon City, Philippines. 474 pp.
This publication is made possible in collaboration with Tanggol Kalikasan, Inc., the United States Department of Interior-International
Technical Assistance Program (US DOI-ITAP) Philippine Project, and the Integrated Coastal Resources Management Project (ICRMP),
and by the support of the American People through the United States Agency for International Development (USAID). The contents of
this manual are the sole responsibility of the authors and do not necessarily reflect the views of the CMMO, PAWB, DENR, US-DOI,
USAID or the United States Government.
This publication may be reproduced or quoted in other publications as long as proper reference is made to the source.
Layout and cover design: Walter Lingon
ISBN 978971898684-4
Message by the Secretary of the Department of Environment and Natural Resources

Surrounding our archipelagos 7,100-plus islands are seas incredibly rich with marine life and other economic resources the
worlds center of the center of marine shorefish biodiversity in the Verde Island passage, and the heart of the Coral Triangle,
in the Sulu-Sulawesi corridor.
However, along our 36,289 kilometers of coastline the fourth longest coastline in the world live around 60 percent of our
population of around 95.2 million. Human activities, particularly destructive fishing methods, over-extraction, and those that
generate pollution, subject these marine resources to severe stress.
And although our laws for the protection of these resources have been described internationally as excellent, weak enforcement
has been a cause for concern. The DENR has thus been mobilizing local government units and the citizenry for the protection,
conservation and management of coastal and marine resources. This participatory approach requires that LGUs and citizens
possess not just motivation, also the pertinent knowhow. With this in mind, this Manual on Environmental Law Enforcement in
Coastal and Marine Areas was developed with contributions from other government agencies enforcing environmental laws.
This Manual is a practical tool that will inform LGUs, nongovernmental organizations, peoples organizations and other
community-based stakeholders of relevant laws to help them enforce laws and regulations on coastal and marine resources
protection. This manual also doubles as a handbook for law enforcers in the field, because it features procedure for arrest,
search and seizure, and the filing of cases, apart from illustrative case studies on relevant issues.
We thank Tanggol Kalikasan, Inc. and the United States Department of the Interior for contributing technical assistance and
expertise that made the development and publication of this Manual possible. We also acknowledge the support of the U.S.
Agency for International Development and the Asian Development Bank.
From here, we look forward to seeing copies of this Manual encrusted by salt from the seas, their pages much thumbed and
annotated by users, as evidence of its usefulness in the field.
Mabuhay!
RAMON J.P. PAJE

Secretary
iii
Message by the Secretary of the Department of Agriculture

As an archipelagic nation of more than 7.100 islands with a fourth longest in the world coastline of 36,289 kilometers in total territorial
waters of about 220,000 square kilometers, our fishery sectors potential role and contribution in our drive to increase food production
and farmers and fishers incomes towards food and nutrition sufficiency and surpluses is indeed awesome.
Through the years and decades, however, various factors such as overpopulation, greed, and ignorance has resulted in the worsening
depletion and degradation of our coastal and fishery resources. Due to overfishing, mass destruction of coral reefs, and illegal fishing
methods, our fishermen catch less and less fish, aggravating and widening the cycle of poverty in the our coastal areas.
Through the Agri-Pinoy program, we are now implementing a holistic, participatory, transparent and sustainability-oriented development
approach that in the last two years and a half has achieved for our people record harvests in rice, corn and other basic food
commodities. Likewise, our policy shift from exploitative to sustainable fishery management, featuring fishing bans in certain fishery
areas, has resulted in last years arrest and this years promising reversal of our fishery sectors decline.
It is in this context that we in the DA welcome this Manual on Environmental Law Enforcement in Coastal and Marine Areas. A
compendium of relevant laws and illustrative case studies on coastal and environmental protection, we earnestly hope that this
handbook will unify our methods and approaches to coastal and marine environmental law enforcement and help attain our noble
visions of fishery resource conservation, increased productivity and incomes of our fisherfolk, and self-sufficiency in fish and marine
products for all Filipinos.
PROCESO J. ALCALA
Secretary
Message by the Secretary of the Department of the Interior and Local Government
The publication of the Manual on Environmental Law Enforcement in Coastal and Marine Areas is a major step towards protecting
and preserving the marine resources of our archipelago as they continue to be beset with internal and external threats.
As late as mid-2011, the Philippines was listed as one of the worlds most bio-diverse places---but intrusive human activities, including
coastal degradation, have made our marine treasures one of the most-threatened in the world. Our mangrove, coral reef, seagrass,
forest, agro, peatland and freshwater ecosystems are on a precipitous decline. The rate of extinction of our indigenous marine species
is said to be 1,000 times the natural rate; and is thus described as a silent crisis.
The Manual is a solid contribution to the determined efforts of the Aquino Administration, and of our present and rising generations, to
begin the difficult task of reversing the trend and infusing real hope in the long process of recovery.
For one, the Manual guides law enforcement officers in spotting violations of environmental laws, and prescribes procedures for arrest,
search, seizure and the filing of cases. Further, it binds all concerned government agencies tasked with protecting the environment, as
well as local coastal communities, which are our partners in this all-important undertaking, to an approach that clearly defines roles and
responsibilities.
Congratulations to Secretary Ramon Paje of the Department of Environment and Natural Resources for this worthy project, and to all
those who spearheaded this enterprise---in particular the Coastal and Marine Management Office of the Protected Areas and Wildlife
Bureau, and Tanggol Kalikasan, Inc.
Mabuhay po tayong lahat!
MAR A. ROXAS
Secretary
Table of Contents
About this Manual
Acknowledgements
iii
Acronyms
List of Laws, Rules and Regulations in the Manual
vii
1
Chapter 1. Laws Applicable to Environmental Law Enforcement in Coastal and Marine Areas
Chapter 2. Government Agency Mandates, Functions & Roles
in Environmental Law Enforcement in Coastal and Marine Areas
A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

B. DEPARTMENT OF AGRICULTURE
C. DEPARTMENT OF JUSTICE
D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
E. DEPARTMENT OF NATIONAL DEFENSE
F. DEPARTMENT OF TRANSPORTATION AND COMMUNICATION
G. DEPARTMENT OF FINANCE
H. OFFICE OF THE PRESIDENT
4
11
13
14
18
19
20
21
Chapter 3. Environmental Laws Possibly Violated by Illegal and Destructive Activities in Coastal and Marine Areas
23
A. Access to Foreshore Areas

B. Failure to Comply with Report Requirements
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
D. Mangrove Destruction
E. Mining & Quarrying
F. NIPAS Protected Area Violations
G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders
H. Upland Deforestation
23
24
24
26
27
29
29
29
I. Water Pollution
J. Wildlife Violations
30
32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
33

I. Water Pollution
33
58
60
96
111
147
155
160
164
213
Chapter 5. Procedural Rules
233
A. Rules of Criminal Procedure for Environmental Cases

B. Basic Rights of the Accused
C. Arrest, Search, Seizure and Detention
D. Investigation, Documentation and Evidence Gathering
233
241
243
255
Chapter 6. Cases
257

I. Water Pollution
257
258
259
265
265
267
268
269
270
272
vii
Annexes
275
Annex 1. Full Provisions of Prohibited Acts in Environmental Laws Applicable to Coastal and Marine Areas
275
A. Fisheries
B. Wildlife
C. Water Pollution
D. Environmental Impact Statement System
E. Forestry
F. Protected Areas
G. Water Code of the Philippines (Presidential Decree 1067)
275
282
283
289
290
291
292
Annex 2. Templates of Forms Used in Environmental Law Enforcement
293
Basic Forms
Fisheries Law Enforcement Forms (RA 8550)
Wildlife Law Enforcement Forms (RA 9147)
Forestry Forms (PD 705) for Mangroves
EMB Forms for Water Sampling
293
303
325
341
344
Annex 3. List of Fishery Administrative Orders Relevant to Coastal and Marine Environmental Law Enforcement
346
Annex 4. Projects Covered by the Environmental Impact Statement System
354
Annex 5. Criminal Procedure Flowcharts
356
1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST

2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS
356
358
Annex 6. Wildlife Law Enforcement Manual Flowcharts
360
1. Investigation Procedure
2.General Surveillance Procedure
3.General Regulatory Monitoring Procedure
360
361
362
4.Serving a Warrant of Arrest

5.Conducting Proper Warrantless Arrest
6.Search with Warrant
7.Apprehension, Seizure and Handling
8.Filing and Prosecution of Cases
9.Administrative Seizure, Confiscation and Disposition
10. Departure of Passengers Carrying Wildlife
11.Arrival of Passengers Carrying Wildlife
12.Arrival of Passengers Carrying Wildlife Based on Advance Information
13.Outgoing and Incoming Cargoes in International Airport and Seaports
14.Incoming Cargoes and there is advance information on transport of wildlife goods
15.Incoming and Transshipment of cargoes at international seaports
and there is advance information of transport of wildlife goods/derivatives
16.Departure of Passengers Carrying Wildlife
17.Arrival of Passengers Carrying Wildlife, Based on Advance Information
18.Outgoing Cargoes
19.Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods
20.Chartered Flights (international and domestic) and there is advance
information/tips on hot wildlife, by-products or its derivatives
363
364
365
367
368
371
372
373
374
375
376
377
378
379
380
381
382
Annex 7. List of threatened wildlife species in accordance with DENR Administrative Order 2004-15
383
Annex 8. List of threatened plants and other wildlife species in accordance with DENR Administrative Order 2007-01
390
Annex 9. List of Hazardous Wastes in DENR Administrative Order 04-36
409
Directory of Key Officials Regional & Provincial Law Enforcement Agencies
416
A. DENR Regional & Provincial Offices

B. Bureau of Fisheries and Aquatic Resources Regional Offices
C. Philippine Coastguard
D. Philippine National Police
E. Philippine Navy
416
439
441
442
443
Index
444
ix
Manual Quick Guide

3. Failure to Comply with Standards
1.
If there is an activity under suspect,

search for it using the clustered
illegal or destructive activities in
The Coastal and Marine Management Office (CMMO) of the Protected
Chapter 3 as a guide.
Areas and Wildlife Bureau (PAWB) of the Department of Environment and
2. Using your selected cluster, look at
4. Fishing
in overexploited
or fishery
management areas
Natural
Resources
(DENR), assisted
by TanggolKalikasan,
Inc., a public interest
the elements of possible violations
environmental law office, in cooperation with the United States Department of
listed under the cluster in Chapter 4
Interior (US-DOI) Philippine Project, developed a Manual on Environmental Law
Enforcement in Coastal and Marine Areas.
to pinpoint the violation.
3. To futher check the correspondence
The Manual aims to provide coastal and marine law enforcers on field
of the activity in #1 with the possible
with an accessible and concise sourcebook of environmental law violations in
violation in #2, go to Annex 1 for the
coastal and marine areas, procedures for arrest, search, seizure and case filing,
5. Fishing without license or necessary permits or not complying with documentary requirements
complete provision of the law.
and common cases on coastal and marine law enforcement.
4. If there is a need for inter-agency
collaboration, refer to Chapter 1 on
The Manual has undergone several drafts subjected to four regional
mandates of agencies.
consultations in Luzon, Visayas and Mindanao (two clustered consultations in
Luzon) and one national consultation. The consultant-participants represented
5. When the violation has been
the various government agencies involved in law enforcement in coastal and
identified, gather the suggested
marine
areas, of
as licensed
well as the
academe
and non-government
organizations.
6. Intrusion
and
unlicensed
commercial fishers
in municipal waters
evidence listed in Chapter 4 on field.
6.
If
guidance is needed on how to
It is expected that law enforcers will be guided in apprehending and
conduct
the investigation, gather
filing cases against violators of environmental laws in the coastal and marine
evidence, and apprehend violators, go
7. Marketing
and buying
illegally-caught
fish
& fishery species
areas
using specific
provisions
in the following
laws:
to Chapter 5. Sample forms are found
Presidential Decree No. 705: Revised Forestry Code of the
in Annex 2.
Philippines, as amended by PD 1559, PD 865, PD 1775, BP Blg. 701,
7. When evidence has been gathered,
BP Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31
forms prepared and inter-agency
Presidential Decree No. 979: Marine Pollution Decree of 1976
collaborations have been made, refer
Presidential Decree 1067: Water Code of the Philippines
back to Chapter 4 on where to file the
Presidential Decree No. 1586: Establishing an Environmental Impact
case.
Statement System, Including Other Environmental Management
About this Manual
Related Measures and for Other Purposes
Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991

Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992
Republic Act No. 7942: The Philippine Mining Act
Republic Act No. 8550: Philippine Fisheries Code of 1998
Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
Republic Act No. 9275: Philippine Clean Water Act
Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
The Manual lists down common illegal and destructive activities in the coastal and marine areas and provides options for the
law enforcer in filing cases against the violator. It enumerates the penalties for a violation, identifies elements that make up the
violation, and recommends evidence that the law enforcer must gather to prove these elements and successfully file a case against a
violator. The Manual also provides law enforcers with a basic understanding on the new Rules of Criminal Procedure for Environmental
Cases, general rules on Arrest, Search, Seizure, and Detention, Evidence Gathering, Rules on Evidence and tips on Case Filing.
Illustrative cases are also given to guide law enforcers in satisfying the elements of prohibited acts, apprehending violators
C. and
Illegal
Fishing
filing
cases Activities
in real life. and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of
eggs
or fry
In breeders,
addition tospawners,
the Manual,
a Field
Guide which consists of Chapters 3 and 4 of the Manual is printed separately to serve as
useful and handy reference for the coastal law enforcers on field covering lists of illegal and destructive activities in coastal and marine
areas, including elements, recommended evidences, penalties, and case venue of prohibited acts.
2. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
ii
Acknowledgments
This Manual is a result of the teamwork of the following authors:

Atty. Mariaor
Generosa
T. Mislang areas
4. Fishing in overexploited
fishery management
Executive Director, Tanggol Kalikasan, Inc.
Glenn M. Forbes
Law Enforcement Director
Tanggol Kalikasan, Inc.
Atty. Marina Rabe-Manuel
5. Fishing without
license
or necessary
permits or
not complying
Area
Director,
Tanggol Kalikasan
Northern
Luzon with documentary requirements
Atty. Rolando R. Recto
Staff Lawyer, Tanggol Kalikasan, Inc.
Atty. Maria Carmela B. Salazar
Staff Lawyer, Tanggol Kalikasan, Inc.
6. Intrusion of licensed
and unlicensed
commercial
in municipal waters
(TK Coordinator
for this Project
& Mainfishers
Editor/Writer)
Atty. RonelyBisquera-Sheen
Representativefish & fishery species
7. Marketing andIn-Country
buying illegally-caught
International Technical Assistance Program
US Department of the Interior (US-DOI)
The CMMO-PAWB-DENR, led by PAWB Director Theresa Mundita S. Lim and CMMO Executive Director Jacob F.
Meimban, Jr., assisted by Supvg. Ecosystems Management Specialist, Angelita P. Meniado, and supported by Ms. Christy
Gempes and Mr. Leroy Salvador, handled project management and coordination.
Officials and technical staff of the DENR, DA and DILG have contributed considerably in the preparation of this Manual.
iii
Technical review and editing were made by the authors with the invaluable participation of other members of the Technical
Working Group: Atty. Emilio D. Vidad of the DENR Legal Service and Atty. Alton Durban, legal consultant of PAWB.
Special mention should also be made of the valuable input of resource persons, who we call consultant-participants, who
willingly shared their time and participation in the regional and national consultations and acted as technical reviewers of several drafts
of the Manual.
B. From
Failure
toDENR:
Comply with Report Requirements
the
DENR Regional Technical Directors for Protected Areas and Wildlife Coastal Zone Management (PAWCZMS)
Chiefs of the Coastal and Marine Management Divisions (CMMD)
Provincial Environment and Natural Resources Officers (PENROs)
Coastal Community Environment and Natural Resource Officers (CENROs)
From the DA:
of Fisheries
and Aquatic
Resources
(BFAR)
C. Bureau
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
Fish or Fishery Products
Provincial Fisheries Officers (PFOs)
1. Capture
breeders, spawners, eggs or fry
From theofDILG:
Coastal Municipality/City/Provincial LGU Representatives

Philippine National Police (PNP)
From the DOTC:

Philippine Coastguard
MARINA
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
Philippine Ports Authority
From the DND:
Philippine Navy
Partner PO/NGO Representatives
Academic Institution Representatives
iv
Acronyms
A&D
Alienable and disposable
AFP
Armed Forces of the Philippines
BFAR
Bureau of Fisheries and Aquatic Resources
BP
Batas Pambansa
CBFMA
Community-Based
Forest
Management
Agreement
or fishery
management
areas
CENRO
Community Environment and Natural Resources Officer
CIDG
Criminal Investigation and Detection Group
CITES
Convention on International Trade of Endangered Species
CMMO
Coastal and Marine Environment Management Office
CRMP
Community Resource Management Plan
DA
Department of Agriculture
DAO
DENR Administrative Order
5. Fishing without
license orofnecessary
permits
or not Resources
complying with documentary requirements
DENR
Department
Environment
and Natural
DENRO
Deputized Environment and Natural Resources Officer
DILG
Department of Interior and Local Government
DOH
Department of Health
DOJ
Department of Justice
DOST
Department of Science and Technology
DOTC
Department of Transportation and Communications
and unlicensed
fishers in municipal waters
DTI
Department
of Trade andcommercial
Industry
ECC
Environmental Compliance Certificate
ECA
Environmentally Critical Area
ECP
Critical Project
7. Marketing andEnvironmentally
fish & fishery species
EEZ
Exclusive Economic Zone
EIA
Environmental Impact Assessment
EIS
Environmental Impact Statement
EMB
Environmental Management Bureau
EO
Executive Order
FAO
Fisheries Administrative Order
FARMC
Fisheries and Aquatic Resources Management Council
FED
Firearms and Explosives Division
FLA
Foreshore/Fishpond Lease Agreement
FMB
Forest Management Bureau
GPS
Global Positioning System
LGU
Local Government Unit
MAO
Municipal Agriculture Officer
MARINA
Marine Industry Authority
MGB
Mines and Geosciences Bureau
B. NAMRIA
Failure to ComplyNational
with Report
Requirements
Mapping
and Resource Information Authority
NBI
National Bureau of Investigation
ICC
Indigenous Cultural Community
IP
Indigenous People
IPRA
Indigenous Peoples Rights Act
IRR
Implementing Rules and Regulations
NCIP
National Commission on Indigenous Peoples
Nationaland
Integrated
Area System
C. NIPAS
Illegal Fishing Activities
DealingProtected
in Illegally-Caught
OG
Official Gazette
PA
Protected Area
1. Capture
of breeders,
spawners,
eggs orBoard
fry
PAB
Pollution
Adjudication
PAMB
Protected Area Management Board
PASu
Protected Area Superintendent
PAWB
Protected Areas and Wildlife Bureau
PCSD
Palawan Council for Sustainable Development
PCG
Philippine Coast Guard
PD
2. Construction
and Presidential
Operation ofDecree
Fish Corrals/Traps, Fish Pens and Fish Cages
PENRO
Provincial Environment and Natural Resources Officer
PNP
Philippine National Police
PWRCC
Palawan Wildlife Rescue and Conservation Center
RA
Republic Act
RED
Regional Executive Director
RPC
Revised Penal Code
SLAPP
Strategic Lawsuit Against Public Participation
WEO
Wildlife Enforcement Officer
vi
List of Laws, Rules and Regulations Used in the Manual

Laws
Commonwealth Acts
Commonwealth Act No. 270 as amended by Commonwealth Act No. 641: An Act to Amend Section 21 of the Administrative Code
4. Fishing in overexploited or fishery management areas

Executive Orders
Executive Order No. 192: Reorganization Act of the Department of Environment and Natural Resources
Executive Order No. 292: Administrative Code of 1987
Executive Order 513: Reorganizing the Philippine Ports Authority
Presidential Decrees
Presidential
705: Revised
Forestry
Code or
of not
the Philippines,
amended
by PD 1559,
PD 865, PD 1775, BP Blg. 701, BP
5. Fishing Decree
withoutNo.
license
or necessary
permits
complying as
with
documentary
requirements
Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31
Presidential Decree No. 979: Marine Pollution Decree of 1979
Presidential Decree 1067: Water Code of the Philippines
Presidential Decree No. 1160: Vesting Authority in Barangay Captains to Enforce Pollution and Environmental Control Laws and For
Other Purposes
Presidential Decree No. 1586: Establishing an Environmental Impact Statement System, Including Other Environmental Management
6. Intrusion
of licensed
and unlicensed
Related
Measures
and for Other
Purposes commercial fishers in municipal waters
Republic Acts
7. Marketing
and
buying
illegally-caught
& fishery
Republic
Act No.
157,
as amended
by EO 94 fish
Series
of 1947:species
An Act Creating A Bureau of Investigation, Providing Funds Therefor, And
For Other Purposes
Republic Act No. 6975 as amended by Republic Act No. 8551: Department of the Interior and Local Government Act of 1990
Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991
Republic Act No. 7160: Local Government Code of 1991
Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992
vii
Republic Act No. 7611: Strategic Environmental Plan for Palawan Act
Republic Act No. 7942: The Philippine Mining Act
Republic Act No. 8550: Philippine Fisheries Code of 1998
Republic Act No. 8749: Philippine Clean Air Act of 1999
Republic Act No. 9003: Ecological Solid Waste Management Act of 2000
Republic Act No. 9147: Wildlife Resources Conservation and Protection Resources Act
Republic Act No. 9275: Philippine Clean Water Act
Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 9993: Philippine Coastguard Law of 2009
Administrative Orders
DENR Administrative Orders
DAO No. 80, Series of 1987: Regulations Governing the Measurement, Assessment and Payment of Forest Charges on Timber and
Other Forest Products
DAO No. 29, Series of 1992: Implementing Rules and Regulations of Republic Act No. 6969
DAO No. 10, Series of 1998: Guidelines on the Establishment and Management of CBFM Projects within Mangrove Areas
DAO No. 40, Series of 1996: Revised Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the
1. Capture
ofMining
breeders,
spawners,
eggs or fry
Philippine
Act of
1995
DAO No. 30, Series of 2003: Implementing Rules and Regulations of Presidential Decree No. 1586, Establishing the Philippine
Environmental Impact Statement System
DAO No. 15, Series of 2004: Establishing the list of Terrestrial threatened species and their categories, and the list of other wildlife
species pursuant to Republic Act No. 9147, otherwise known as the wildlife resources conservation and protection act of 2001
DAO No. 36, Series of 2004: Revised Procedural Manual on Hazardous Waste Management
DAO No. 01, Series of 2007: Establishing The National List Of Threatened Philippine Plants And Their Categories, And The List Of
Other Wildlife Species
DAO No. 26, Series of 2008: Revised Implementing Rules and Regulations of Republic Act No. 7586 or the National Integrated
Protected Areas System Act
DAO No. 21, Series of 2010: Providing for a Consolidated Department of Environment and Natural Resources Administrative Order for
Implementing Rules and Regulations of Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995"
viii
Fishery Administrative Orders

FAO 222, Seriesof 2003: Regulations on the Operation of Danish Seine (Hulbot-Hulbot)
3. Failure
to Comply
with
Standards
FAO
202, Series
of 2000:
Ban
on Coral Exploitation and Exportation
FAO 200, Series of 2000: Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998
FAO 193, Series of 1998: Ban on the taking or catching, selling, purchasing and possessing, transporting and exporting of Whale
Sharks and Manta Rays
FAO 185-1, Series of 1997: Amending Sections 1 and 2 of FAO No. 185 by adding whales and porpoises in the ban on the taking or
catching,
selling,
purchasing and
transporting
and exporting of Dolphins
4. Fishing
in overexploited
or possessing,
fishery management
areas
FAO 185, Series of 1993: Ban on the taking or catching, selling, purchasing, possessing, transporting and exporting of dolphins
FAO 155, Series of 1986, as amended by FAO 155-1, S. 1994: Regulating the use of fine meshed nets in fishing
Joint Administrative Orders
Joint DENR-DA-PCSD Administrative Order No. 01-04: Implementing Rules and Regulations (IRR) of Republic Act 9147 otherwise
known as the Wildlife Resources Conservation and Protection Act of 2001.
Opinions
Department of Justice Opinion No. 23, Series of 1994: Interpreting RA 7161, the prohibition on all types of cutting of mangroves
Supreme Court Administrative Matters
A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases
6. Intrusion of licensed and unlicensed commercial fishers in municipal waters
Resolutions
Pollution Adjudication Board Resolution No. 01, Series of 2010: Revised Rules of the Pollution Adjudication Board (PAB) On Pleading,
Practice
and Procedure
in Pollution
Cases fish & fishery species
7. Marketing
and buying
illegally-caught
ix

1. Capture of breeders, spawners, eggs or fry
Chapter 1.
Laws Applicable to Environmental Law Enforcement

in Coastal
and Marine Areas
3. Failure to Comply
with Standards
The Ecological Solid Waste Management Act of 2000 (Republic Act 9003) is also known as An Act Providing For An
Ecological Solid Waste Management Program, Creating The Necessary Institutional Mechanisms And Incentives, Declaring Certain
Acts Prohibited And Providing Penalties, Appropriating Funds Therefor, And For Other Purposes. It provides the legal framework for
the countrys systematic, comprehensive and ecological solid waste management program to protect public health and the
1 overexploited or fishery management areas
4. Fishing in
environment.
An Act Establishing an Environmental Impact Statement System, Including Other Environmental Management Related
Measures and for Other Purposes (Presidential Decree 1586) established an Environmental Impact Statement System founded and
based on the environmental impact statement (EIS) required, under Section 4 of Presidential Decree 1151, of all agencies and
instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations,
firms and entities, for every proposed project and undertaking significantly affecting environmental quality. 2 The EIS contains the
environmental impact of every proposed action, project or undertaking, its potential adverse environmental effect and alternatives to the
proposed activity. 3
The Marine Pollution Decree of 1976 (Presidential Decree 979) embodies the national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine
life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. 4
The Philippine
Act (Republic
Act 7942),
or Anin Act
Instituting
a New System of Mineral Resources Exploration,
6. Intrusion
of licensedMining
and unlicensed
commercial
fishers
municipal
waters
Development, Utilization, and Conservation, governs mineral resource exploration, development, utilization and conservation through
the combined efforts of the government and private sector to enhance national growth while effectively safeguarding the environment
and protecting the rights of affected communities 5.
7. Marketing and buying illegally-caught fish & fishery species
In 1992, the National Integrated Protected Areas System (NIPAS) Act (Republic Act 7586), otherwise known as An Act
Providing for the Establishment and Management of National Integrated Protected Areas System, Defining Its Scope and Coverage,
and for Other Purposes, was enacted. It provided for the classification and administration of outstandingly remarkable areas and
biologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones and
related ecosystems, whether terrestrial, wetland or marine, designated as "protected areas." 6 The following categories of protected
areas were established: strict nature reserves, natural parks, natural monuments, wildlife sanctuary, protected landscapes and
seascapes, resource reserves, natural biotic areas, and other categories established by law, conventions or international agreements
to which the Philippine Government is a signatory. 7
The Philippine Clean Water Act of 2004 (Republic Act 9275), or An Act Providing For A Comprehensive Water Quality
Management And For Other Purposes, addressed the long-standing need for abatement and control of water pollution from land-based
sources, water quality standards and regulations, and civil liability and penal provisions for pollution from any source. 8 To achieve its
objective, the law provides for a comprehensive and integrated strategy through a multi-sectoral and participatory approach involving all
the stakeholders. 9
In relation to coastal and marine law enforcement, the Philippine Fisheries Code of 1998 (Republic Act 8550), also known as
An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws
Pertinent Thereto, And For Other Purposes, aims to conserve, protect and sustain management of the country's fishery and aquatic
resources and improve productivity of aquaculture within ecological limits. 10 The provisions of this Code is enforced in all Philippine
waters, the country's Exclusive Economic Zone (EEZ) and the continental shelf; all aquatic and fishery resources whether inland,
coastal or offshore fishing areas, including, but not limited to, fishponds, fish pens/cages; and all lands devoted to aquaculture, or
businesses and activities relating to fishery, whether private or public lands. 11
The Revised Forestry Code of the Philippines (Presidential Decree 705) of the Philippines, as amended by PD 1559, PD 865,
PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and 83 O.G. No. 31, regulates the classification, management, and utilization of
ofFishing
the public
domain, and
with Dealing
emphasis
the protection, rehabilitation
andProducts
development of forest lands. 12
C.lands
Illegal
Activities
inon
Illegally-Caught
Fish or Fishery
The Small-Scale Mining Act (Republic Act 7060) or An Act Creating A Peoples Small-Scale Mining Program And For Other
Purposes promotes, develops, protects and rationalizes viable small-scale mining activities to generate employment opportunities and
provide equitable sharing of the nations wealth and natural resources 13.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act 6969) is also known as An Act
To Control Toxic Substances And Hazardous And Nuclear Wastes, Providing Penalties For Violations Thereof, And For Other
Purposes. It regulates, restricts or prohibits the importation, manufacture, processing, sale, distribution, use and disposal of chemical
14
andand
mixtures
that of
present
unreasonable risk
to health
2. substances
Construction
Operation
Fish Corrals/Traps,
Fishand/or
Pens injury
and Fish
Cagesor the environment. It likewise prohibits the entry,
even in transit, of hazardous and nuclear wastes and their disposal into the Philippines.
In 1976, the Philippine President promulgated the Water Code of the Philippines (Presidential Decree 1067), A Decree
Instituting A Water Code, Thereby Revising And Consolidating The Laws Governing The Ownership, Appropriation, Utilization,
Exploitation, Development, Conservation And Protection Of Water Resources as the basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of water resources and rights to land related to it. 15
The Wildlife Resources Conservation and Protection Act (Republic Act 9147), also known as An Act Providing For The
Conservation And Protection Of Wildlife Resources And Their Habitats, Appropriating Funds Therefor And For Other Purposes, was
promulgated
in Comply
2001 to conserve
and protect wildlife species and their habitats, and regulate the collection and trade of wildlife. 16 The
3. Failure to
with Standards
provisions of the Act are enforceable for all wildlife species found in all areas of the country, including protected areas under the NIPAS
Act, and critical habitats. This Act also applies to exotic species which are traded, cultured, maintained and/or bred in captivity or
propagated in the country. 17 Under this law, the DENR has jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of
Agriculture, on the other hand, has jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited
to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The Palawan Council for Sustainable Development
(PCSD), pursuant to RA No. 7611 (Strategic Environmental Plan for Palawan Act), is responsible for the application of the law on all
wildlife found in Palawan. 18
Chapter 2.
Government Agency Mandates, Functions and Roles

in Environmental Law Enforcement in Coastal and Marine Areas
A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
Manages and protects the countrys natural resources (EO 292 and Sec. 4, EO 192)
1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)

B. Failure
Comply with
Requirements
a. to
Responsible
for Report
the protection,
development and preservation of national parks, marine parks, game refuges and wildlife
(Sec. 16, EO 192)
b. Responsible for all the national parks, wildlife sanctuaries and game preserves previously managed and administered by the
Ministry of Human Settlements including National Parks reservations situated in the provinces of Bulacan, Rizal, Laguna and
Quezon formerly declared as Bagong Lipunan site of said Ministry, Magat Forest Reservation and Mt. Arayat National Park
(Sec. 16, EO 192)
c. Formulates and recommends policies, guidelines, rules, and regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biospheric
reserves (Sec. 18(a), EO 192)
d. Formulates and recommends policies, guidelines, rules, and regulations for the preservation of biological diversity, genetic
1. Capture resources,
of breeders,
spawners,
eggs
or fry flora and fauna (Sec. 18(b), EO 192)
and
endangered
Philippine
e. Prepares an up-to-date listing of endangered Philippine flora and fauna and recommends a program of conservation and
propagation of the same (Sec. 18(c), EO 192)
f.
Assists the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and
provides technical assistance to the regional offices in the implementation of programs for these areas (Sec. 18(d), EO 192)
g. Protects all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians
and dugong (Sec. 4, RA 9147)
2. FOREST MANAGEMENT BUREAU (FMB)
a. Recommends policies and/or programs for the effective protection, development, occupancy, management, and conservation
of forest lands and watersheds, including mangrove areas (Sec. 13(a), EO 192)
b. Performs other functions as may be assigned by the Secretary and/or provided by law (Sec. 13(f), EO 192)
3. ENVIRONMENTAL MANAGEMENT BUREAU (EMB)

a. Implements the rules and regulations pertaining to the conduct of environmental impact assessment for every project that has
3. Failure
to Comply
Standards
adverse
impactwith
on the
environment (Sec. 16, EO 192)
b.
Keeps an updated inventory of chemicals that are presently being manufactured or used indicating information relevant to the
protection of health and the environment (Sec. 6(a) RA 6969)
c. Conducts inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after
their commercial distribution and makes recommendations to the proper authorities concerned (Sec. 6, RA 6969)
4. Fishing
in overexploited
or fishery
management
areas within said acts and cannot be enjoined except after the chemicals have
d. Confiscates
or impounds
chemicals
found not falling
been impounded (Sec. 6, RA 6969)
e. Monitors and prevents the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country (Sec. 6,
RA 6969)
f.
Subpoenas witnesses and documents and requires other information if necessary to carry out the provisions of RA 6969
(Sec. 6, RA 6969)
g. Calls on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for
assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions (Sec. 6,
5. Fishing
RA without
6969) license or necessary permits or not complying with documentary requirements
h. Disseminates information and conducts educational awareness campaigns on the effects of chemical substances, mixtures
and wastes on health and environment (Sec. 6, RA 6969)
i.
Exercises such powers and perform such other functions as may be necessary to carry out its duties and responsibilities
under RA 6969 and RA 9003 (Sec. 6, RA 6969 and Sec. 8 (h), RA 9003)
j.
Prepares and distribute information, education and communication materials on solid waste management (Sec. 8, RA 9003)
k. Provides technical and other capability building assistance and support to the LGUs in the development and implementation
6. Intrusion
of solid
licensed
and
unlicensedplans
commercial
fishers
in municipal
waters
of local
waste
management
and programs
(Sec.
8, RA 9003)
l.
Recommends policies to eliminate barriers to waste reduction programs (Sec. 8, RA 9003)
m. Exercises visitorial and enforcement powers to ensure strict compliance with RA 9003 and its Implementing Rules and
Regulations
(Sec. 8,
RA 9003)
7. Marketing
and buying
illegally-caught
n. Issues rules and regulations to effectively implement the provisions of RA 9003 (Sec. 8, RA 9003)
o. Formulates and implements the Integrated Air Quality Improvement Framework for a comprehensive air pollution
management and control program (Sec. 7, RA 8749)
p. Formulates and implements an air quality control action plan (Sec. 8, RA 8749)
q. Designates non-attainment areas (Sec. 10, RA 8749)
r. Issues and from time to time revises information on air pollution control techniques (Sec. 11, RA 8749)
s. Reviews and/or revises and publishes annually a list of hazardous air pollutants with corresponding ambient guideline values
and/or standard (Sec. 12, RA 8749)
t.
Imposes on and collects regular emission fees from industrial dischargers as part of the emission permitting system or vehicle
registration renewal system, as the case may be (Sec. 13, RA 8749)
u. Administers an air quality management fund (Sec. 14, RA 8749)
v. Issues permits for the prevention and abatement of air pollution ( Sec. 16, RA 8749)
w. Implements emission quotas under the programmatic EIA system (Sec. 17, RA 8749)
x. Reviews, revises, publishes emission standards (Sec. 19, RA 8749)
y. Promotes the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment,
thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes (Sec. 20,
RA 8749)
B. Failure
Complyrevises
with Report
Requirements
z. to
Reviews,
and publishes
the motor vehicle standards every two (2) years, or as the need arises
aa. In collaboration with the DOTC, DTI and LGUs, develops an action plan for the control and management of air pollution from
motor vehicles consistent with the Integrated Air Quality Framework (Sec. 21, RA 8749)
bb. Issues Certificates of Conformity (CoC) as a requisite to the registration of any imported new or locally-assembled new motor
vehicle to ensure compliance with emission standards set pursuant to the Clean Air Act (Sec. 22, RA 8749)
cc. In coordination with appropriate agencies, formulates and establishes the necessary standards for all mobile sources other
than motor vehicles of this Act (Sec. 25, RA 8749)
dd.Fishing
Publishes
a list of and
substances
are known to cause
harmful
effects
on the stratospheric ozone layer (Sec. 30, RA 8749)
C. Illegal
Activities
Dealingwhich
in Illegally-Caught
Fish or
Fishery
Products
ee. Together with concerned agencies and local government units, prepares and fully implements a national plan consistent with
the United Nations Framework Convention on Climate Change and other international agreements, conventions and
1. Capture protocols
of breeders,
spawners,
or fry
on the
reductioneggs
of greenhouse
gas emissions in the country (Sec. 31, RA 8749)
ff. Establishes an inventory lists of all sources of Persistent Organic Pollutants (POPs) in the country and develop short-term and
long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such
programs shall be formulated within a year after the establishment of the inventory list (Sec. 32, RA 8749)
gg. Provides the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to
undertake full administration of the air quality management and regulation within their territorial jurisdiction (Sec. 36, RA 8749)
hh. Requires
person who
owns
or operates any
emissions
source
who is subject to any requirement of the Clean Air Act to
2. Construction
andany
Operation
of Fish
Corrals/Traps,
Fish
Pens and
Fish or
Cages
keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 38, RA 8749)
ii. Promotes a continuing air quality information and education campaign together with the Department of Education, Culture
and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and
the Philippine Information Agency (PIA) (Sec. 39, RA 8749)
jj. On its own instance or upon verified complaint by any person, institutes administrative proceedings against any person who
violates: (a) Standards or limitation provided under the Clean Air Act; or (b) Any order, rule or regulation issued by the DENR
with respect to such standard or limitation (Sec. 40, RA 8749)
kk. Together with the DOTC, DTI, DOST, PNP and other concerned agencies and private entities design a training program on
emission standards and regulations for all law enforcement officials and deputized agents (Sec. 46, RA 8749)
ll.
In coordination with National Water Resources Board (NWRB), designates certain areas as water quality management areas
(Sec. 5, RA 9275)
mm. Designates
water
as non-attainment areas, or portions thereof, where specific pollutants from either natural or man3. Failure
to Comply
withbodies
Standards
made sources have already exceeded water quality guidelines for the exceeded pollutants (Sec. 6, RA 9275)
nn. Prepares and implements a program that will not allow new sources of exceeded water pollutant in non-attainment areas
without a corresponding reduction in discharges from existing sources (Sec. 6, RA 9275)
oo. In coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other
concerned government agencies and private sectors, undertakes such measures as may be necessary to upgrade the quality
of such water in non-attainment areas to meet the standards under which it has been classified (Sec. 6, RA 9275)
pp. Administers a water quality management fund (Sec. 9, RA 9275)
qq. Implements a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial
Centers through the collection of wastewater charges/fees (Sec. 13, RA 9275)
rr. Requires owners or operators of facilities that discharge regulated effluents pursuant to the Clean Water Act to secure a
permit to discharge (Sec. 14, RA 9275)
ss. Conducts containment, removal and clean-up operations, in the event emergency clean-up operations are necessary and the
polluter
fails license
to immediately
undertake
the same
(Sec.
16, RA 9275)
5. Fishing
without
or necessary
permits
or not
complying
with documentary requirements
tt. Requires any person who owns or operates any emissions source or who is subject to any requirement of the Clean Water
Act to keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 23, RA 9275)
uu. Institutes, on its own instance or upon verified complaint by any person, administrative proceedings in the proper forum
against any person who violates: a) Standards or limitations provided by the CWA; or b) By any such order, rule or regulation
issued by the DENR with respect to such standard or limitation (Sec. 30, RA 9275)
Intrusion
licensed and unlicensed
commercial
fishers(EO
in municipal
waters
4. 6.MINES
ANDofGEOSCIENCES
BUREAU (Regional
Offices)
192)
a.
Requires the contractor to remedy any practice connected with mining or quarrying operations, which is not in accordance
with safety and anti-pollution laws and regulations
b. Summarily
suspends
the mining or fish
quarrying
operations,
7. Marketing
and buying
illegally-caught
& fishery
speciesin case of imminent danger to life or property, until the danger is
removed, or appropriate measures are taken by the contractor or permittee
c. Requires Environmental Impact Assessment for mining and quarry projects
d. Requires technical and biological rehabilitation of excavated mined-out, tailings covered and disturbed areas to the condition
of environmental safety
5. POLLUTION ADJUDICATION BOARD (PAB Resolution No. 01, Series of 2010)
a.
Issues orders or decisions to compel compliance with the provisions of the Clean Water Act (then PD 984) and its
implementing rules and regulations only after proper notice and hearing
b.
Makes, alters or modifies orders requiring the discontinuance of pollution specifying the conditions and the time within which
such discontinuance must be accomplished
c. Issues, renews, or denies permits, under such conditions as it may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal system or parts thereof
d. Serves as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution
e. Deputizes in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of
enforcing the Clean Water Act (then PD 984) and its implementing rules and regulations and the orders and decisions of the
Commission [now PAB]
B. Failure
Comply such
with Report
f. to
Exercises
powers Requirements
and perform such other functions as may be necessary to carry out its duties and responsibilities
under this Decree
g. Issues to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may be
necessary for the enforcement of such decisions or orders
h. Promulgates rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of the
Department
i.
Recommends to the DENR Secretary the imposition of fines for acts of omission prohibited under Section 27 of the Clean
Water Act
(CWA) and Dealing in Illegally-Caught Fish or Fishery Products
C. Illegal Fishing
Activities
j.
Recommends to the DENR Secretary the issuance of Cease and Desist Oder for acts and omission prohibited under Section
27 of the CWA
1. Capture
of breeders, spawners,
eggs or fry of development or construction, or cessation of operations, or where appropriate,
k. Recommends
closure, suspension
disconnection of water supply under Sec. 28 of the CWA
l.
Recommends filing of criminal charges against violators of acts prohibited by Sec. 28 of the CWA
m. Recommends to the DENR Secretary that the Local Water District or private water supplier be formally requested to
disconnect its water services to the violator of the CWA
n. Revokes or suspends a discharge permit
o. Determines
liability forofclean-up
2. Construction
and Operation
6. DENR FIELD OFFICES WHICH REFER TO THE REGIONAL, PROVINCIAL AND COMMUNITY OFFICES (SEC. 20, EO 192)
a.
b.
c.
Implement laws, policies, plans, programs, projects, rules and regulations of the DENR to promote the sustainability and
productivity of natural resources, social equity in natural resource utilization and environmental protection
Coordinate with regional offices of other departments, offices, agencies in the region and local government units in the
enforcement of natural resource conservation laws and regulations, and in the formulation/implementation of natural
resources programs and projects
Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development
plans for the conservation, utilization and replacement of natural resources
d.
Perform other functions as may be assigned by the Secretary and/or provided by law
Failure to Comply
with Standards BOARD (PAMB) (RA 7586)
7. 3.
PROTECTED
AREA MANAGEMENT
a.
Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11, RA
7586)
b. Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the Manual
4. Fishing
in overexploited
or fishery management
areas
of Operations
for the management
of the protected
area (Rule 12, DAO 2008-26)
c. Facilitates the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
d. Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and Protection
Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
e. Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 2008-26)
f.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
ADSDPP (Rule 12, DAO 2008-26)
5. Fishing
without
or necessary
permits
complying
with
documentary
requirements
g. Monitors
andlicense
assesses
the performance
of or
thenot
PASu
and other
protected
area personnel
and compliance of partners to the
terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
h. Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCs/IPs but
excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
i.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
8. 6.
PROTECTED
SUPERINTENDENTS
(PASU) (DAO
2008-26)
Intrusion of AREA
licensed
and unlicensed commercial
fishers
in municipal waters
a.
Primarily accountable to the PAMB and the DENR for the implementation of the Management Plan and operations of the
protected area
b. Enforces rules and regulations to protect the area from trespassing, damage, vandalism and illegal occupancy
7. Marketing
and
fish
speciesitems
c. In cases
ofbuying
seizure,illegally-caught
assumes custody
of &
thefishery
apprehended
d. Issues permits for the use of facilities and amenities except for those considered as special uses as defined under the Order
e. Issues certification whether the proposed activity or project is allowable or not within the management zones
f.
Issues cutting permit for planted trees for a volume of up to five (5) cubic meters per applicant per year for traditional and
subsistence uses by ICCs/IPs and tenured migrants only. Provided, that: (a) Protected Area Community-Based Resource
Management Agreement (PACBRMA) holders with affirmed Community Resource Management Plan (CRMP) shall no longer
be issued cutting permits; and (b) The total volume of extraction does not exceed the limit set by the PAMB and the location
of extraction is within the appropriate site within the multiple use zone.
g.
Issues Certificate of Origin and/or transport permits for natural resources and other products collected/gathered from the
protected area in accordance with the resource use instruments/ agreements or gratuitous permits issued by the PAMB
and/or the DENR
h. Collects and/or receives pertinent fees, charges, donations and other income for the protected area. Provided, that such fees,
charges, donations and other income collected/received shall be reported regularly to the PAMB in accordance with the
existing guidelines
i.
Prepares and recommends to the PAMB approval of the annual work and financial plans of the protected area based on the
Integrated Protected Area Plan (IPAP) or the Management Plan
j.
Develops management information system to ensure that relevant and updated information are available for planning,
B. Failure to
Comply with
Report Requirements
monitoring
and decision-making
k.
Performs other relevant functions that the RED or PAMB may delegate
9. OFFICIALS, TECHNICAL PERSONNEL AND FOREST GUARDS EMPLOYED IN THE INTEGRATED PROTECTED AREA
SERVICE OF THE DENR OR ALL PERSONS DEPUTIZED BY THE DENR TO WORK INSIDE THE PROTECTED AREA
a. Investigate and search premises and building and make arrests in accordance with the rules on criminal procedure for the
violation of laws and regulations relating to protected areas. Persons arrested shall be brought to the nearest police precinct
C. Illegal Fishing
Activities(Sec.
and Dealing
in Illegally-Caught
for investigation.
18, NIPAS
Act)
1. 10.
Capture
of breeders,
spawners,
eggs or fry
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest, even without warrant, any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations Assist in the conduct of surveillance and
monitoring
of wildlife-related
2. Construction
and Operation
of Fishactivities
Corrals/Traps, Fish Pens and Fish Cages
d. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
the appropriate official designated by law to conduct preliminary investigation Deliver within reasonable time to the nearest
CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices or PCSDS Management Office for custody
all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in the
commission of the crime, including corresponding reports
e. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators Prosecute cases before
Municipal Trial Courts in areas where there are no prosecutors Submit monthly accomplishment reports to the concerned field
offices with jurisdiction over their area of operations Coordinate with other law enforcement agencies for security reasons, if
necessary
10
f.
Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
11. WILDLIFE TRAFFIC MONITORING UNITS (Rule 33.2, Joint DENR-DA-PCSD Administrative Order No. 01-04)
a.
Ensure strict compliance and effective implementation of existing wildlife laws, rules and regulations, including CITES at
strategic air and seaports (Rule 33.1, Joint DENR-DA-PCSD Administrative Order No. 01-04)
b. Enforce existing wildlife laws, rules and regulations and such other orders or regulations promulgated thereunder for the
4. Fishing
in overexploited
or and
fishery
protection
of wild fauna
floramanagement areas
c. Inspect and verify shipments of wildlife, its by-products and derivatives for export, re-export, import and local transport
d. Seize and confiscate illegally collected, possessed and traded wildlife, by-products and derivatives in favor of the government
or refuse clearance when there are reasonable grounds to believe that existing wildlife laws, rules and regulations, or the
CITES have been violated
e. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
f.
Coordinate with the customs officers and/or other government authorities at the air or seaports in the performance of their
5. Fishing
without
license or necessary permits or not complying with documentary requirements
duties
and responsibilities
g. Conduct investigation and receive evidence regarding the commission of any of the offenses defined under RA 9147 or this
Order within their area of assignment, whether or not the offense was committed in their presence
h. Turn-over confiscated wildlife, by-products or derivatives to designated Wildlife Rescue Centers nearest their post or station
i.
Promote and disseminate information on the conservation and protection of wildlife
B.6.DEPARTMENT
OF AGRICULTURE
Intrusion of licensed
and unlicensed commercial fishers in municipal waters
Protects all declared aquatic critical habitat, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)

1. BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR)
a.
b.
c.
d.
Enforces all laws governing the conservation and management of fishery resources, except in municipal waters (Sec. 65, RA
8550)
Formulates and enforces all rules and regulations governing the conservation and management of fishery resources, except
in municipal waters (Sec. 65, RA 8550)
Settles conflicts respecting resource use and allocation (Sec. 65, RA 8550)
Issues licenses for the operation of commercial fishing vessels (Sec. 65, RA 8550)
11
e.
DA officials and field personnel assigned in the law enforcement units of the said agency Their wildlife law enforcement
function covers all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)
2. FISHERIES INSPECTION AND QUARANTINE SERVICE

a.
Conducts fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the
country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or disease
shall be confiscated and disposed of in accordance with environmental standards and practices. (Sec. 67(a), RA 8550)
b. to
Implements
international
agreements/commitments on biosafety and biodiversity (Sec. 67(b), RA 8550)
B. Failure
Comply with
Report Requirements
c. Prevents the movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of the
country (Sec. 67(b), RA 8550)
d. Quarantines such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases
(Sec. 67(c), RA 8550)
e. Prevents the movement or trade from and/or into the country of products mentioned in immediately preceding paragraphs so
prohibited or regulated under existing laws, rules and regulations, as well as international agreements of which the Philippines
is a State Party (Sec. 67(c), RA 8550)
C. Illegal
Activities
Dealingproducts
in Illegally-Caught
Fish
or Fishery
Products
f. Fishing
Examines
all fish and fishery
coming into or
going
out of the
country which may be a source or medium of fish pests
or diseases and/or regulated by existing fishery regulations (Sec. 67(d), RA 8550)
g. Documents
authorizes
theormovement
or trade of fish and fishery products when found free of fish pests or diseases
1. Capture
of breeders,and
spawners,
eggs
fry
(Section 67(e), RA 8550)
3. MUNICIPAL/CITY OR INTEGRATED FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS
1.
Assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters (Sec. 74, RA 8550)
BUREAU OFand
PLANT
INDUSTRY
2. 4.
Construction
Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages
i.
Recommends plant quarantine policies, and prescribes rules and regulations for the prevention, control, and eradication of
pests, diseases, and injuries to plants and plant products (Book IV, Title IV, Chapter 4, Section 19.3, EO 292)
5. PLANT QUARANTINE OFFICERS (Title IV, Chapter 5, Section 34, EO 292)
a.
b.
Inspect all carriers, passengers, crew, luggage and incoming mails to determine the presence of plants, plant products and
other materials capable of harboring plant pests as well as potential animal pests
Enter into and inspect any and all areas where plants, plant products and other materials capable of harboring plant pests are
landed, stored or grown
12
c.
Examine imported plants, plant products, and other materials capable of harboring plant pests as well as potential animal
pests and administer necessary measures to insure effective implementation of the provisions of Chapter 5, Title 4 of EO 292
d. Inspect,
administer
3. Failure
to Comply
with treatment
Standardsand certify plants, plant products and other related materials intended for export, if the importing
country so requires
e. Confiscate and destroy or refuse entry of plants, plant products and potential animal pests involved in prohibited importations
and deny inspection certification or clearance of the same
6. 4.
WILDLIFE
ENFORCEMENT
OFFICERS
(Rule 30.4, Joint
Fishing in
overexploited or
fishery management
areasDENR-DA-PCSD Administrative Order No. 01-04)
a.
Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest and
detention (Sec. 30, RA 9147)
b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
c. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the
offenses provided under the Act and other relevant laws, rules and regulations
d. Assist in the conduct of surveillance and monitoring of wildlife-related activities
e. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with
5. Fishing
license
or designated
necessary by
permits
not complying
documentary requirements
the without
appropriate
official
law to or
conduct
preliminarywith
investigation
f.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices
or PCSDS Management Office for custody all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools,
equipment and conveyances used in the commission of the crime, including corresponding reports
g. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
h. Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
i.
Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations
6. Intrusion
of licensed
and law
unlicensed
commercial
in municipal
j.
Coordinate
with other
enforcement
agenciesfishers
for security
reasons, waters
if necessary
k. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time
to time
C. DEPARTMENT OF JUSTICE
Acts as both the legal counsel and prosecution arm of the government (Title III, Sec.1, EO 292)
Administers the criminal justice system in accordance with the accepted processes consisting in the investigation of the
crimes, prosecution of offenders, and administration of correctional system (Title III, Sec. 1, EO 292)
1. NATIONAL BUREAU OF INVESTIGATION (NBI) (Republic Act No. 157, as amended by EO 94 series of 1947)
a.
b.
Detects and investigates crimes

Acts as a national clearing house of criminal records and other information
13
c.
d.
e.
Gives technical assistance to all prosecuting and law enforcement agencies, the courts, and party litigants
Coordinates with other national or local police agencies in the investigation of crimes
Collects intelligence data and coordinates with other intelligence agencies, including Interpol
D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
Promotes peace and order, ensures public safety and further strengthens local government capability aimed towards the
effective delivery of basic services to the citizenry (Sec. 2, RA 6975, as amended by RA 8551)
B.1.Failure
to Comply
with Report
Requirements
PHILIPPINE
NATIONAL
POLICE
(Sec. 24, RA 6975)
a.
Investigates and prevents crimes, effects the arrest of criminal offenders, brings offenders to justice and assists in their
prosecution
b. Exercises the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws
c. Detains an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his
rights under the Constitution
d. Fishing
Performs
such other
and
all other
functions
as may
be provided by law, such as the National Integrated
C. Illegal
Activities
and duties
Dealing
in exercises
Illegally-Caught
Fish
or Fishery
Products
Protected Area System Act and Wildlife Resources Conservation and Protection Act

2. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG)
a. Monitors and prevents all crimes involving economic sabotage and other crimes of such magnitude and extent as it indicates
the commission by highly placed or professional criminal syndicate and organization
b. Investigates all major crimes involving the violation of the Revised Penal Code and operates against organized crime groups,
unless the President assigns the case exclusively to the National Bureau of Investigation
3. MARITIME POLICE UNIT (PNP Maritime group or PNP-MARIG)
Performs all police functions over Philippine territorial waters and rivers (Sec. 35, par. b[1], RA 6975)
4. THE LOCAL GOVERNMENT UNITS

a. Punong Barangay (Barangay Head)
i.
Enforces all laws and ordinances applicable to the barangay, including laws and regulations relating to the pollution
control and environmental protection (sec. 389, par. b[1], RA 7160)
14
ii.
Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
(PD Standards
1160)(harmonize this with Sec. 124 of RA 8550)
3. Failure toconditions
Comply with
b. Sangguniang Barangay (Barangay Council)
i.
Enacts ordinances that promote the general welfare of its inhabitants (Sec. 391, par. 1, RA 7160)
ii.
Assists the Punong Barangay in the performance of his/her functions (Sec. 392, par. a & b, RA 7160)
4. Fishing
inActs
overexploited
or fishery
iii.
as peace officers
in themanagement
maintenance areas
of public order and safety (Sec. 392, par. a & b, RA 7160)
iv.
Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and
regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmental
conditions (PD 1160)
c. The Municipal/City Government
i.
Serves as a general purpose government that coordinates and delivers basic, regular and direct services to inhabitants
within its
territorial
jurisdiction permits
through or
effective
governance
440 & 488,
RA 7160). Such basic services include
5. Fishing without
license
or necessary
not complying
with(Sec.
documentary
requirements
extension and on-site research services and facilities related to agriculture and fishery activities (Sec. 17, par. b[2] [i], RA
7160)
ii.
Has the primary jurisdiction over municipal waters (See Rights and Responsibilities of LGUs over municipal waters.)
d. Municipal/City Mayors
i.
Enforce all laws and ordinances applicable to the governance of the municipality/city (Sec. 444, [b][2] & Sec. 455 [b][2]),
RA 7160)
ii.
Adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality/city
(Sec. 444, par.3[vii] & Sec. 455 par. b[3][vii], RA 7160)
iii.
Represent
NAPOLCOM,
and exercise
operational
supervision and control over PNP units in their respective jurisdictions,
7. Marketing
and buying
illegally-caught
fish & fishery
species
subject to certain exceptions (RA 6975)
iv.
As chair of the local peace and order council, develop and establish integrated area/community public safety plans for
implementation by PNP stations (RA 6975)
v.
Choose the chief of police from a list of 5 eligibles recommended by the provincial police director, preferably from the
same province, city or municipality (RA 6975)
vi.
Administer oaths (CA 270, as amended by CA 641)
15
e. Sangguniang Bayan/Panlungsod (Municipal/City Council)

i.
Enacts ordinances, approve resolutions and appropriate funds for the general welfare of the municipality/city and its
inhabitants (Sec. 447, par. a & Sec. 448 par. a, RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 447, par. a[1][vi] & Sec. 458 par. a[5][i], RA 7160)
iii.
Provides for the establishment, maintenance, protection and conservation of mangroves (Sec. 447, par. a[5][i] & Sec.
458 par. a[5][i]), RA 7160)
iv.
Authorizes the establishment, maintenance and operation of ferries, wharves and other structures, and marine and
seashore
offshore
activities intended to accelerate productivity (Sec. 447, par. a & Sec. 458 par. a, RA 7160,)
B. Failure to Comply
withorReport
Requirements
v.
Grants the exclusive privilege of constructing fish corrals or fishpens, or the taking of bangus fry, prawn fry or kawagkawag, or fry of any species of fish within municipal waters (Sec. 447, par. a[2][xi] & Sec. 458 par. a[2][xi], RA 7160)
f. City/Municipal Agriculturist (MAO)
Provides support to the Mayor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482, par.
b[1], RA 7160)
g. City/Environment and Natural Resources Officer (CENRO)
1. Capturei. of breeders,
or fry to ensure delivery of basic services and facilities involving environment and natural
Providesspawners,
support to eggs
the Mayor
resources services (Sec. 484, par. b[1], RA 7160)
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
h. City Legal Officer (CLO) (Sec. 481, par. c, RA 7160)

i.
Represents the municipality/city in all civil actions andspecial proceedings
ii.
Drafts
ordinances,
and other legal
2. Construction
and Operation
of contracts
Fish Corrals/Traps,
Fishdocuments
Pens and Fish Cages
iii.
Renders opinions on any question of law, whenever required by the Mayor or the Sanggunian
iv.
Reviews and submits recommendations on ordinances approved and executive orders issued by component units
i. The Provincial Governor
i.
ii.
iii.
Enforces all laws and ordinances related to the governance of the province (Sec. 465, par. b[2], RA 7160)
Ensures that the acts of the component cities and municipalities of the province and of its officials and employees are
within the scope of their prescribed powers, duties and functions (Sec. 465, par. b[2][1], RA 7160)
Adopts adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province,
in coordination with the Mayors of the component cities and municipalities (Sec. 465, par. b[3][v], RA 7160)
16
iv.
Represents the NAPOLCOM (RA 6975)
v.
Chooses the Provincial Director of the provincial police force from the list of 3 candidates recommended by the PNP
(RA 6975)
3. Failure toRegional
Comply Director
with Standards
vi.
As chair of the provincial peace and order council, oversees the implementation of the provincial public safety plan,
which considers the integrated community safety plans prepared at the municipal/city level (RA 6975)
j. Sangguniang Panlalawigan (Provincial Council)
4. Fishing
inEnacts
overexploited
or fishery
areas
i.
ordinances,
approvemanagement
resolutions and
appropriate funds for the general welfare of the province and its inhabitants
(Sec. 468, [a], RA 7160)
ii.
Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger the
environment (Sec. 468, [a][1][v], RA 7160)
iii.
Enacts ordinances against pollution and for preservation of the natural ecosystem in the province, in consonance with
the approved standards on the human settlements and environmental sanitation (Sec. 468, [a][4][i], RA 7160)
k. Provincial Agriculturist
Provides support to the Governor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482,
[b][1], RA 7160)
l. Provincial Environment and Natural Resources Officer (PGENRO)
i.
Provides support to the Governor to ensure delivery of basic services and facilities involving environment and natural
resources services (Sec. 484, par. b[1], RA 7160)
ii.
Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)
m. Legal Officer (Sec. 481, par. c, RA 7160)
i.
Represents the province in all civil actions and special proceedings documents Drafts ordinances, contracts and other
legal documents
ii.
Renders opinions on any question of law, whenever required by the Governor, Mayor or the Sanggunian
iii.
Review and submit recommendations on ordinances approved and executive orders issued by component units
n. As PAMB Member
i.
Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,
peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11,
RA 7586)
17
ii.
Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the
Manual of Operations for the management of the protected area (Rule 12, DAO 2008-26)
iii.
Facilitate the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO
2008-26)
iv.
Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)
v.
Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 200826)
vi.
Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with
B. Failure to Comply
with(Rule
Report
ADSDPP
12, Requirements
DAO 2008-26)
vii.
Monitors and assesses the performance of the PASu and other protected area personnel and compliance of partners to
the terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)
viii.
Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCsAPs
but excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)
ix.
Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)
DEPARTMENT
OF NATIONAL
DEFENSE
(EO 292, BookFish
IV, Title
VIII) Products
C.E.
Illegal
Fishing Activities
and Dealing
in Illegally-Caught
or Fishery
Maintains law and order throughout the country

1. Capture
of breeders,
spawners,
eggs
orbe
fryprovided for by law
Performs
other
functions as
may
1. ARMED FORCES OF THE PHILIPPINES
Responsible in promoting and advancing the national aims, goals and interests and policies (Book IV, Title VIII, Chapter 6,
Sec. 33.2, EO 292)
In charge with the performance of other functions as may be provided by law or assigned by higher authorities (Book IV, Title
2. Construction
and Operation
of Fish
Fish Pens and Fish Cages
VIII, Chapter
6, Sec. 33.4,
EOCorrals/Traps,
292)
a. Philippine Army
i.
Responsible for the conduct of operations on land, in coordination with the other Major Services (Title 8, Subtitle 2,
Chapter 8, Sec. 48, EO 292)
ii.
Prepares units as may be necessary for the effective prosecution of the armed forces missions, which may include
environmental protection concerns (Title 8, Subtitle 2, Chapter 8, Sec. 48, EO 292)
18
b. Philippine Navy (PN)

i.
Enforces law and regulations pertaining to among others, quarantine and fishing (Title 8, Subtitle 2, Chapter 8, Sec.
3. Failure to53.4,
Comply
with Standards
EO 292)
ii.
iii.
Enforces RA 8550, as well as other fishery laws, rules and regulations such as Wildlife Resources Conservation and
Protection Act, insofar as aquatic and marine species are concerned (Sec. 124, RA 8550)
Performs such other functions as may be provided by law or assigned by higher authorities (Title VIII, Sec. 53.6, EO 292)
Fishing in overexploited
areas
F.4.
DEPARTMENT
OF TRANSPORTATION
AND COMMUNICATION
(Book IV, Title XV, Chapter 1, Section 2, EO 292)
In charge of the promotion, development and regulation of dependable and coordinated networks of transportation and
communications systems as well as in the fast, safe, efficient and reliable postal, transportation and communications services
1. PHILIPPINE COAST GUARD

a. Enforces RA 8550, as well as other fishery laws, rules and regulations (Sec. 124, RA 8550)
b. Assists in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human
5. Fishing
withoutdangerous
license or drugs
necessary
permits orchemicals,
not complying
with documentary
trafficking,
and controlled
transnational
crimes and requirements
other applicable laws within the maritime
jurisdiction of the Philippines
c. In coordination with DA and the DENR, shall enforce for the enforcement of water quality standards in marine waters, set
pursuant to the Clean Water Act, specifically from offshore sources (Sec. 2(a), RA 9275)
d. Boards and inspects all types of merchant ships and watercrafts in the performance of this functions (Sec. 3 (m), RA 9993)
e. Enforces laws and promulgate and administers rules and regulations for the protection of marine environment and resources
from offshore sources or pollution within the maritime jurisdiction of the Philippines (Sec. 3 (n), RA 9993)
f.
Develops oil spill response, containment and recovery capabilities against ship-based pollution (Sec. 3 (o), RA 9993)
g. Grants, within the capabilities and consistent with its mandate, requests for assistance of other government agencies in the
performance of their functions (Sec. 3 (p), RA 9993)
2. PHILIPPINE PORTS AUTHORITY
a.
b.
Provides security to cargoes, port equipment, structure, facilities, personnel and documents. In ports of entry, physical
security to import and export cargoes shall be exercised jointly with the Bureau of Customs (Sec. 2(a), EO No. 513)
Enforces rules and regulations promulgated by the Authority pursuant to law (Sec. 2(e), EO No. 513)
3. MARINE INDUSTRY AUTHORITY (MARINA)

a.
Oversees the promotion and development of the maritime industry
19
b.
c.
d.
e.
f.
Oversees the effective regulation of shipping enterprises, and the establishment of routes, zones or areas of operation of
public water services
In charge of vessel registration, including issuance of licenses, certificates and related documents
Ensures safety in vessel construction and operations
Licenses qualified seamen and harbor, bay and river pilots
Enforces maritime law
4. MANILA INTERNATIONAL AIRPORT AUTHORITY

a. to
Exercises
supervision and control over all international airports in the Philippines - Ninoy Aquino International
B. Failure
Comply administrative
with Report Requirements
Airport, Laoag International Airport, the Diosdado Macapagal International Airport, the Subic Bay International Airport, the
Mactan-Cebu International Airport, the Francisco Bangoy International Airport in Davao, the General Santos International
Airport, and the Zamboanga International Airport
b. Regulates the entry to, exit from and movement within the airport
c. Enforces rules and regulations promulgated by the Authority pursuant to law
G. DEPARTMENT OF FINANCE (Book IV, Title II, Chapter 1, Sec. 2, EO 292)
In charge of the formulation, institutionalization and administration of fiscal policies, in coordination with other concerned
subdivisions, agencies and instrumentalities of the government
Responsible for the generation and management of the financial resources of government, ensuring that said resources are
generated and managed judiciously and in a manner supportive of development objectives
1. BUREAU OF CUSTOMS (Book IV, Title 2, Chapter 4, Sec. 23, EO 292)
a. Prevents and suppresses smuggling, pilferage and all other economic frauds within all ports of entry
b. Supervises and controls exports, imports, foreign mails, and the clearance of vessels and aircrafts in all ports of entry
2. Construction
andand
Operation
of Fish
Corrals/Traps,
Pens
and Fish
c. Prevents
prosecutes
smuggling
and otherFish
illegal
activities
in allCages
ports under its jurisdiction
d. Performs such other functions as may be provided by law
2. INTELLIGENCE GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a.
b.
Regularly and consistently gathers intelligence information related to customs and economic activities for proper
dissemination to the Customs offices concerned
Conducts internal inquiry and investigation which may serve as the basis for prosecution
20
3. ENFORCEMENT GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)
a. Exercises police authority conferred by the Tariff and Customs Code or other laws, which include the enforcement of seizures
3. Failure
Comply with
Standards
andtoforfeitures
and the
imposition of penalties and fines.
4. COLLECTION DISTRICTS, UNDER WHICH ARE SUBPORTS. Collection districts are headed by District Collector, while
subports are headed by Port Collector. (Title 2, Chapter 4, Sec. 26.3, EO 292)
a. Supervise the entrance and clearance of vessels and aircrafts engaged in foreign commerce
b. Supervise all import and export cargoes landed and/or stored in piers, airports, terminal facilities, yards and freight stations
H. OFFICE OF THE PRESIDENT
1. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (RA 8371)
a. Processes, in accordance with law and duly established rules, regulations and/or guidelines, the Free and Prior Informed
Consent (FPIC) of the ICCs/IPs from whose ancestral domain/land the activities that have environmental impacts, such as
natural
resource
extraction
and bioprospecting,
arecomplying
undertakenwith
by any
person, upon
endorsement of the regulating agency.
5. Fishing
without
license
or necessary
permits or not
documentary
requirements
2. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) (RA 7611)
a.
b.
Formulates plans and policies as may be necessary to carry out the provisions of this Act
Coordinates with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans,
programs and policies of the SEP
c. Calls on any department, bureau, office, agency or instrumentality of the Government, and on private entities and
organizations for cooperation and assistance in the performance of its functions
d. Arranges, negotiates for, accepts donations, grants, gifts, loans, and other fundings from domestic and foreign sources to
carry out the activities and purposes of the SEP
e. Recommends
to the
Congress of the
Philippines
matters that may require legislation in support of the objectives of the
7. Marketing
and buying
illegally-caught
fish
& fisherysuch
species
SEP
f.
Delegates any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions
of law cannot be delegated
g. Establishes policies and guidelines for employment on the basis, of merit, technical competence and moral character and
prescribe a compensation and staffing pattern
h. Adopts, amends and rescinds such rules and regulations and impose penalties therefore for the effective implementation of
the SEP and the other provisions of RA 7611
i.
Enforces the provisions of RA 7611 and other existing laws, rules and regulations similar to or complementary with RA 7611
21
j.
Performs related functions which shall promote the development, conservation, management, protection, and utilization of the
natural resources of Palawan
k. Performs such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of
RA 7611
l.
As Wildlife Enforcement Officers (Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule 30.4)
i.
Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest
and detention (Sec. 30, RA 9147)
ii.
Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof
iii.
Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any
B. Failure to Complyofwith
Report Requirements
the offenses
provided under the Act and other relevant laws, rules and regulations
iv.
Assist in the conduct of surveillance and monitoring of wildlife-related activities
v.
Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper
complaint with the appropriate official designated by law to conduct preliminary investigation
vi.
Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR
Regional/Provincial Offices or PCSDS Management Office for custody all confiscated wildlife, their parts, byproducts and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime,
includingand
corresponding
reports
C. Illegal Fishing Activities
Dealing in Illegally-Caught
vii.
Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators
viii.
Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors
1. Capture of ix.
breeders,
spawners,
or fry
Submit
monthly eggs
accomplishment
reports to the concerned field offices with jurisdiction over their area of operations
x.
Coordinate with other law enforcement agencies for security reasons, if necessary
xi.
Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative
from time to time
22
Chapter 3.
Environmental Laws Possibly Violated by Illegal and Destructive Activities

in Coastal and Marine Areas
Listed below are 24 common illegal and destructive activities that devastate coastal and marine areas and the resources in it.
These are clustered into Access to Foreshore Areas, Failure to Comply with Report Requirements, Illegal Fishing Activities and Dealing
in Illegally-Caught Fish or Fishery Products, Mangrove Destruction, Mining and Quarrying, NIPAS Protected Area Violations,
Obstruction to Regulatory Inspection and Disregard of Lawful Orders, Upland Deforestation, Water Pollution, and Wildlife Violations.
4. Fishing
in overexploited
fishery
management
areas in environmental laws that are possibly violated or committed by the
Also
listed under
each activityorare
prohibited
acts provided
person/s carrying out the activity. These prohibited acts are further broken down into elements and recommended evidence in the next
chapter. For a full statement of the provisions, see Annex 1.
1. 5.
Obstruction
to thelicense
Use and
Foreshore
Areas
Fishing without
orEnjoyment
necessary of
permits
or not
Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)
Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)
Overstaying or building structures in easement areas (Sec. 51, PD 1067)
Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)
Unauthorized
issuance
of tax declaration
(Sec. 85,
PD 705)
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters
2. Construction of seawalls, jetties, reclamation areas, housing, ports, harbors, or any structure in foreshore areas without
DENR approval
Conversion of mangroves (Sec. 94, RA 8550)
Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to Sec.
11.1 of DENR DAO 80, Series of 1987)
Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Obstruction of Defined Migration Paths (Sec. 105, RA 8550)
Squatting or otherwise occupying any portion of the critical habitat (Sec. 27(c)(ii), RA 9147)
Undertake activities in violation of the EIA Law or PD 1586 (Sec. 27(h), RA 9275)
Violation of Marine Pollution Decree (Sec. 28, par. 5, RA 9275 in relation to Sec. 4 (c), PD 979)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275, in relation to Sec. 4(b), PD 979)
23
Undertaking project without ECC (Sec. 4, PD 1586)

Violation of EMB Rules on EIA (Sec. 9, PD 1586)
Unlawful occupation or destruction of forest lands and grazing lands (Sec. 78, PD 705)
Overstaying or building structures in easement areas (Sec. 51, PD 1067)
Unauthorized issuance of tax declaration (Sec. 85, PD 705)

B. Failure
Comply
with Report
to
Failure
to conduct
yearlyRequirements
report on FLA (Sec. 103 (b), RA 8550)
Refusal or failure to submit reports whenever required by the Department in accordance with the Clean Water Act (Sec. 27
(m), RA 9275)
Failure or refusal to submit reports, notices or on the information, access to records as required by this Act, or permit
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)

1. Capture
of breeders,
spawners,
eggs
or fry
Capture
of sabalo,
and other
breeders/spawners
(Sec. 98, RA 8550)
Exporting of breeders, spawners, eggs or fry (Sec. 99, RA 8550)
Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities (Section 86, par 1, RA 8550)
Importation or exportation of fish or fishery species (Sec. 100, RA 8550)

2. Construction
and Operation
of FishofCorrals/Traps,
Fish Fish
PensPens
and and
FishFish
Cages
Construction
and Operation
Fish Corrals/Traps,
Cages (Sec. 103 (e), RA 8550)
Obstruction to navigation or flow and ebb of tide in any stream, river or lake (Sec. 103 (d), RA 8550)
Obstruction of Defined Migration Paths (Sec. 105, RA 8550)
Aquatic pollution - Unsound agricultural practices: use of banned chemicals and use of artificial fish feed causing similar
hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
24
Failure to comply with minimum safety standards (Sec. 103 (a), RA 8550)
3. Failure
to Comply
with Standards
Commercial
Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
Violation of catch ceilings (Sec. 101, RA 8550)

Unauthorized fishing by commercial fishing vessel (Sec. 86, par 3, RA 8550)

Poaching in Philippine Waters (Sec. 87 , RA 8550)
Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas (Sec. 90, RA 8550)
Fishing in overfished area and during closed season (Sec. 95, RA 8550)
Fishing in fishery reserves, refuge and sanctuaries (Sec. 96, RA 8550)

Unauthorized fishing or engaging in other unauthorized fisheries activities (Sec. 86, par. 1, RA 8550)
Poaching in Philippine waters (Sec. 87, RA 8550)
Unauthorized commercial fishing within municipal waters (Sec. 86, par 5, RA 8550)
Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Sec. 104, RA 8550)
Unauthorized commercial fishing within municipal waters (Sec 86, par 1, in relation to Sec. 18, RA 8550)
Possession, dealing in, selling or in any manner disposing of illegally-caught fish, (Sec 88, par. 4, RA 8550)
Ban on whale shark and manta rays (FAO 193, S. 1998)
Importation or exportation of fish or fishery species (Sec. 100, RA 8550)
Wildlife trading (Sec. 27(e), RA 9147)
Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
25
8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Illegal possession of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, par 2,
RA 8550)
Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing (Sec. 88, pars 1 & 3, RA
8550)
Use of fine mesh net (Sec, 89, RA 8550)
Use of active gears in municipal waters and bays and other fishery management areas (Sec. 90, RA 8550)
Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat (Sec. 92, par. 1, RA 8550)
to
Illegal
use of
superlights
(Sec. 93, RA 8550)
B. Failure
Comply
with
Report Requirements
Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
Conversion of mangroves (Sec. 94, RA 8550)
Destroying wildlife species (Sec. 27 (a), RA 9147)
Obstruction to Flow and Ebb of Tide in any Stream, River, Lake or Bay (Sec. 103 (d), RA 8550)
Fishing
Destroying
of active
nests,
nestintrees,
host plants and
theorlike
(Sec. 27
(g), RA 8550)
C. Illegal
Activities
and
Dealing
Illegally-Caught
Fish
Fishery
Products
Aquatic
pollution
- Deforestation
similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
1. Capture
of breeders,
spawners,
eggs orcausing
fry
Aquatic pollution - Unsound agricultural practices: wetland conversion causing similar hazards and deleterious effects (Secs.
102 & 4(4), RA 8550)
Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License (Sec. 77, PD 705 in relation to DAO
80)
2. Construction
and Operation
of Fish
Corrals/Traps,
Fishproducts
Pens and
Fish77,
Cages
Unauthorized
possession
of timber
or other forest
(Sec.
PD 705)
Unlawful occupation or destruction of forest lands (Sec. 78, PD 705)
Illegal occupation of National Parks System and recreation areas, and vandalism therein (Sec. 80, PD 705)
Logging in critical habitats (Sec. 27(c)(v), RA 9147)
26
Failure
to Comply
1. 3.
Illegal
upland
miningwith Standards
Theft of minerals (Sec. 103, RA 7942)
Violation of the terms and conditions of the ECC in a mining or quarrying project (Sec. 108, RA 7942)
Illegal obstruction to government officials in mining projects (Sec. 109, RA 7942)
Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
Willful violation and gross neglect to abide by the terms and conditions of the ECC (Sec. 179, DAO 2010-21 in relation to Sec.
110 of RA 7942)
Operating a mining project without an approved Environmental Protection and Enhancement Program (EPEP) (Sec. 172,
DAO 2010-21 in relation to Sec. 110 of RA 7942)
Practice not in accordance with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
relation to in relation to Sec. 154, DAO 2010-21)
Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)
Undertake
of the
EIA Law
or PD
1586 (Sec.
27(h),
RA 9275) requirements
5. Fishing
withoutactivities
license in
orviolation
necessary
permits
or not
complying
with
documentary
Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Noncompliance with the terms and conditions of a small-scale mining contract (Sec. 21, RA 7076)
Violation of the rules and regulations issued by the Secretary on small-scale mining (Sec. 21, RA 7076)
Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
2. 6.
Offshore
mining
Intrusion
of licensed and unlicensed commercial fishers in municipal waters

Mining in areas closed to mining applications: offshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942)
Operating mining project without an ECC (Sec 179, DAO 2010-21 in relation to Sec. 110 of RA 7942)
relation to Sec. 110 of RA 7942)
27
3. Onshore mining
Mining in areas closed to mining applications: onshore mining (Sec. 15, DAO 2010-21 in relation to Sec. 110 of RA 7942 )
Operating mining project without an ECC (Sec 179, DAO 2010-21)
B. Failure
Comply
Report Requirements
to
Practice
notwith
in accordance
with anti-pollution laws and regulations in mining or quarrying projects (Sec. 175, DAO 2010-21 in
Mineral exploration/extraction in critical habitats (Sec. 27(c)(iii), RA 9147)
Abandonment of the small-scale mining site by the contractor (Sec. 21, RA 7076)
Quarrying
C.4.Illegal
Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products
Ban on white sand, silica, pebbles and other substances that make up any marine habitat (Sec. 92, par 4, RA 8550)
1. Capture
of breeders,
spawners,
eggs
fry from beaches (Batas Pambansa 265)
Ban
on extraction
of gravel
andor
sand
Quarrying in critical habitats ((Sec. 27(c)(vi), RA 9147)
Quarrying
in areas closed
toCorrals/Traps,
mining applications:
offshore
aggregate quarrying (Sec. 15, DAO 2010-21 in
2. Construction
and Operation
of Fish
Fish Pens
and seabed/marine
Fish Cages
28
Illegal hunting (Sec. 20(a), RA 7586)

Illegal destruction (Sec. 20(a), RA 7586)
Illegal disturbance (Sec. 20(a), RA 7586)
Illegal possession of plants or animals or products derived from protected areas (Sec. 20(a), RA 7586)
Dumping of waste products (Sec. 20(b), RA 7586)
Illegal use of motorized equipment (Sec. 20(c), RA 7586)

4. Fishing
in overexploited
fishery management
areas
Mutilating,
defacing orordestroying
objects of beauty
(Sec. 20(d), RA 7586)
Damaging roads (Sec. 20(e), RA 7586)
Squatting, mineral locating or occupation (Sec. 20(f) RA 7586)
Illegal structure (Sec. 20(g), RA 7586)
Leaving refuse or debris (Sec. 20(h), RA 7586)
Altering boundary marks (Sec. 20(i), RA 7586)
Fishing without
license orInspection
necessaryand
permits
or notofcomplying
G.5.Obstruction
to Regulatory
Disregard
Lawful Orders
Obstruction or delaying inspection of fish and fish products (Sec. 103, RA 8550)
Obstruction to Fishery Law Enforcement Officer (sec. 106, RA 8550)
Refusal to allow entry, inspection and monitoring by the Department in accordance with the Clean Water Act (Sec. 27 (k), RA
9275)
Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)
Failure
refusaland
to submit
reports,
notices orfishers
on theininformation,
access to records as required by this Act, or permit
6. Intrusion
of or
licensed
unlicensed
commercial
municipal waters
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held (Sec. 13 (b), RA 6969)
H.7.Upland
Deforestation
Marketing
and buying illegally-caught fish & fishery species
Aquatic pollution - Deforestation causing similar hazards and deleterious effects (Secs. 102 & 4(4), RA 8550)
Logging in critical habitat (Sec. 27(c)(v), RA 9147)
Kaingin (Sec. 53, PD 705)
Burning in critical habitat (Sec. 27(c)(iv), RA 9147)
29
I. Water Pollution
1. Discharge or dumping and/or transport of pollutants
Dumping waste products in critical habitats detrimental to wildlife (Sec. 27(c)(i), RA 9147)
Introduction of wildlife resources (Sec. 27 (d), RA 9147)
Discharge of material that causes pollution or obstructs natural flow (Sec. 27(a), RA 9275)
Pollution of groundwater (Sec. 27 (b), RA 9275)
Disposal of potentially infectious medical wastes into sea by vessels (Sec. 27 (d), RA 9275)
B. Failure
Comply with
Report or
Requirements
to
Unauthorized
transport
dumping into sea waters of sewage sludge or solid waste (Sec. 27(e), RA 9275)
Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969 (Sec.
27(f), RA 9275)
Operate facilities that discharge prohibited chemicals (Sec. 27 (g), RA 9275)
Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)
Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
C. Illegal
Activities
and Dealing
Illegally-Caught
Fish
or Fishery
Fishing
Violation
of the Marine
PollutioninDecree
(Sec. 28, par
5, RA
9275 in Products
relation to Sec. 4(b), PD 979)
Violation of the Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(c), PD 979)
Gross
violation
of the CWAdeliberate
1. Capture
of breeders,
spawners,
eggs
or fry discharge of toxic pollutants (Sec. 28 (a), RA 9275)
Gross violation of the CWA- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Gross violation of the CWA- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)
Aquatic pollution - Introduction of substances or energy with deleterious effects (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Waste dumping/disposal (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)
Violation of ECC terms and conditions (Sec. 9, PD 1586)
Littering, throwing, dumping of waste matters in public places (Sec. 48 (1), RA 9003)
Transporting and dumping in bulk wastes in areas other than centers or facilities prescribed (Sec. 48 (13), RA 9003)
Storage, Importation or Bringing into Philippine territory hazardous and nuclear wastes (Sec. 13(d), RA 6969)
30
2. Failure to clean-up pollution
Failure to undertake clean up operations (Sec. 28, par 2, RA 9275)

3. Failure
to Comply
Standards
Failure
to cleanwith
up that
results to serious injury (Sec. 28, par 2, RA 9275)
Gross violation- Blatant disregard of PAB orders (Sec. 28 (c), RA 9275)

3. Illegal discharge of mine tailings
Dumping
waste
products
in critical habitats
to wildlife
(Sec.
27(c)(i), RA requirements
9147)
5. Fishing
without
license
or necessary
permits detrimental
or not complying
with
documentary
Discharge of material that causes pollution or obstructs natural flow (Sec. 27 (a), RA 9275)
Pollution of groundwater (Sec. 27 (b), RA 9275)
Operating facilities without discharge permits (Sec. 27 (c), RA 9275)
Illegal discharge of regulated water pollutants (Sec. 27 (i), RA 9275)
Grossofviolationdischarge
of toxic pollutants
28 (a), RA
9275)
6. Intrusion
licenseddeliberate
and unlicensed
commercial
fishers (Sec.
in municipal
waters
Gross violation- Repeated violations of the Clean Water Act within 2 years (Sec. 28 (b), RA 9275)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(a), PD 979)
Violation of Marine Pollution Decree (Sec. 28, par 5, RA 9275 in relation to Sec. 4(b) of PD 979)
7. Marketing
and
buying- Introduction
illegally-caught
fish & fishery
species
Aquatic
pollution
of substances
or energy
with deleterious effects (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Introduction of substances or energy with potential health hazard (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Introduction of substances or energy as hindrance to aquatic activities (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - waste dumping/disposal (Secs. 102 & 4(4), RA 8550)
Aquatic pollution - Discharge of petroleum, carbonaceous materials/substances, other radioactive, noxious or harmful liquid
substances (Secs. 102 & 4(4), RA 8550)
31
1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals
Ban on coral exploitation and exportation (Sec. 91, RA 8550)
Gathering and marketing of shell fishes (Sec. 103 (c), RA 8550)
Poaching in Philippine Waters (Sec. 87 , RA 8550)
Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)
Killing and destroying wildlife species (Sec. 27 (a), RA 9147)

B. Failure
Comply with
Report
Requirements
to
Collecting,
hunting
or possessing
wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
2. Capturing and/or injuring endangered and protected marine species, including sea turtles, dugongs, whale sharks, manta
rays, dolphins and whales
Fishing or taking of rare, threatened or endangered species (Sec. 97, RA 8550)
Ban on whale shark and manta rays (FAO 193, S. 1998)
Ban on dolphins, whales and porpoises (FAO 185, S. 1992, as amended by FAO 185-1, S. 1997)
C. Illegal
Activities
and Dealing
in Illegally-Caught
Fishing
Poaching
in Philippine
Waters (Sec.
87 , RA 8550) Fish or Fishery Products
Killing and destroying wildlife species (Sec. 27 (a), RA 9147)

1. Capture
of breeders,
eggsand/or
or fryimpairs the reproductive system of wildlife species (Sec. 27 (b) , RA 9147)
Inflicting
injuryspawners,
which cripples
Collecting, hunting or possessing wildlife, their by-products or derivatives (Sec. 27 (f), RA 9147)
32
Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts
To to
successfully
build
a case against a person committing an illegal or destructive activity, the law enforcer must ensure that
3. Failure
Comply with
Standards
all the elements making up a violation or prohibited act are present. Choose a possible violation under which a common illegal or
destructive activity might be prosecuted from the table below, given the elements comprising the violations or prohibited acts. If one
element of a prohibited act is missing, the law enforcer should look at the elements of other suggested prohibited acts until he finds a
match between the actual illegal or destructive activity with the prohibited act provided by law. A match is made when all elements are
satisfied. Only then can he gather evidence to support his allegation of a violation. Recommended evidence to prove each element of a
prohibited act is also listed below. For a full statement of the provisions, see Annex 1.
1. Obstruction to the Use and Enjoyment of Foreshore Areas
Possible violation: Obstruction
Recommended evidence for
Penalties:
to Navigation or Flow and Ebb of Obstruction to Navigation or
Tide in any Stream, River, Lake
Flow and Ebb of Tide in any
Fine: P2,000 to P10,000 or
or Bay (Sec. 103 (d), RA 8550)
Stream, River, Lake or Bay in
relation to Obstruction to the Use Imprisonment: 1month and
and Enjoyment of Foreshore
1day to 6 months, or
Elements:
Areas:
1.
Any person/entity
upon the discretion of the
6. Intrusion
of licensed and unlicensed commercial fishers in municipalBoth,
waters
2. Puts anything that obstructs
court
To prove Elements #1-3:
Affidavit indicating existence of
a. navigation or
any obstruction in a stream,
b. flow of ebb and tide
Administrative fine: not more
7. Marketing
and buying illegally-caughtriver,
fish lake
& fishery
or bayspecies
3.
In any
than P10,000.00 or
Investigation report by the
a. stream,
investigating
b. river,
Cancellation of his permit or
team/apprehending officers
c. lake, or
license, or
Picture or sketch of the
d. bay
obstruction, and
Both in the discretion of the
Secretary
33
Where to file:
Prosecutors Office
Certification from the PCG,

NAMRIA or any other
competent agency that the
water body is a navigational
water
Impoundment by the
Department with the assistance
of the Philippine Coast Guard,
PNP-Maritime Command
(Section 103)
Possible violation: Squatting or

Penalties:
otherwise
occupying
any
portion
Squatting
or
otherwise
of the critical habitat (Sec.
occupying any portion of the
Imprisonment: 1 month to eight
27(c)(ii), RA 9147)
critical habitat in relation to
years and/or
Obstruction to the Use and
Elements:
Enjoyment of Foreshore Areas:
Fine: P5,000 to 5 million pesos
1. There is squatting or
occupation of a place by the
Deportation, without any further
To prove Element #1:
Photo or video showing
violator.
proceedings, after service of
squatting or occupation
a
2. The
place Activities
occupied isand
a Dealing in Illegally-Caught
sentence and payment of fines
C. Illegal
Fishing
Fish orof
Fishery
Products
place
critical habitat as declared by
if offender is an alien.
Report on the squatting or
the of
DENR
Secretary
in
1. Capture
breeders,
spawners,
eggs- or fry
occupation
accordance with Section 25 of
Fines prescribed to be
Affidavit of witness on the
RA 9147.
increased by at least 10%
squatting or occupation of a
3. The critical habitat is within
every three years
place by the offender
the foreshore area.
(Section 28)
To prove element #2:
Certification
or issuance
that
2. Construction and Operation of Fish Corrals/Traps,
Fish
Pens and
Fish Cages
the place is designated as a
critical habitat
To prove element # 3:
Certification from the FMB that
the critical habitat is within the
foreshore area
34
Where to file:
Prosecutors Office
Possible violation: Unlawful

Penalties:
occupation or destruction of
Unlawful occupation of forest
3. Failure
toand
Comply
withlands
Standardsland in relation to Obstruction to
forest
lands
grazing
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
the Use and Enjoyment of
and
Foreshore Areas:
Elements: Enters, occupies or
Imprisonment: 6 months to 2
possesses
years for each such offense,
1.4. Fishing
The offender
enters, occupies,
and
- management
Affidavit of witnesses
attesting
in overexploited
or fishery
areas
possesses any forest land and
that the offender is occupying
grazing land
Payment: 10 times the rental
the forest land or grazing land
2. The offender has no authority
fees and other charges which
under a license agreement,
would have accrued had the
lease, license or permit to
Affidavit of apprehending party occupation and use of the land
possess such forest land and
been authorized under a
that no copy of such authority,
grazing land
license agreement, lease,
license or permit
possess with documentary
5. Fishing without license or necessary license,
permitspermit
or nottocomplying
requirements
forest land was produced
Maximum penalty for repeat
when demanded by
offenders
apprending party
Certification from the
Double the maximum of the
appropriate DENR Office that
penalty for third-time offenders
no such authority exists
(Section 78)
Where to file:
Possible
violation:
Unlawful
Recommended
Evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
Unlawful destruction of forest
forest lands and grazing lands
lands in relation to Obstruction
(Sec. 78, PD 705)
to the Use and Enjoyment of
Foreshore Areas:
Elements: In any manner
destroys such forest land or part To prove element # 1:
thereof
Picture of the destroyed forest
1. The offender destroys forest
land or part thereof
land or part in any manner
Affidavit of witness
Penalties:
Where to file:
Fine: P500.00 to P20,000.00

and
Prosecutors Office
35
and
Prosecutors Office
2.
3.
The offender has no authority

The forestland is in the
foreshore area
Ocular inspection report by

authorized representative of
concerned government agency
Certification from authorizing
agency to the effect that no
authority was issued

To prove element# 3:
Certification that the forest
land is within the foreshore
area
Payment:10 times the rental

occupation and use of the land
license or permit
offenders
(Section 78)
forest Fishing
lands and
grazingand
lands
in relation to Obstruction
C. Illegal
Activities
Dealinglands
in Illegally-Caught
(Sec. 78, PD 705)
to the Use and Enjoyment of
Areas:
1. Capture of breeders, spawners, eggsForeshore
or fry
Elements: Causes any damage
to the timber stand and other
Pictures of damaged timber
products and forest growth
stand and other forest
found therein
1. The offender causes damage
Site inspection report
a. to theand
timber
stand and
Affidavit of Fish
witnesses
2. Construction
Operation
of Fish Corrals/Traps,
Pens attesting
and Fish Cages
b. other products and
to the damage to the timber
c. forest growth found in the
stand, other products and
forest
forest growth in the forest
2. The forest land is within the
foreshore area
area
36

Assists, aids or abets any other
3. Failure
toand
Comply
withlands
Standardsperson to destroy forest land in
forest
lands
grazing
(Sec. 78, PD 705)
relation to Obstruction to the Use
Elements: Assists, aids or abets
Areas:
any other person to do so
1.4. Fishing
The offender
assisted, aided
Tomanagement
prove elementareas
# 1 & 2:
in overexploited
or fishery
or abetted a person
2. Such person caused damage
3. The forest land is within a
Affidavit of witnesses attesting
foreshore area
to the damage to the timber
stand, other products and
growth
in the
forest with documentary requirements
5. Fishing without license or necessary forest
permits
or not
complying
area
6. Intrusion
of licensed
and unlicensed
commercialevidence
fishers infor
municipal waters
Possible
violation:
Unlawful
Recommended
Refusal to vacate forest land
when told to do so in relation to
(Sec.
78, PD 705)
Obstruction
to the Use
and
7. Marketing
and buying illegally-caught
fish & fishery
species
Elements: Refuses to vacate the
area when ordered to do so
1. The offender occupied an
Picture of the area occupied
area which is part of a forest
2. That there is an order by
competent authority to vacate
the area
Copy of the order of competent
authority
37
3.
4.
That the offender refused to

vacate the area occupied
despite the order
The forest land is part of the
foreshore area
Investigation report showing
the continuous occupation of
the area by the offender and
refusal to vacate
Certification that the forest land
is within the foreshore area
Possible violation: Overstaying
or building structures in
easement areas (Art. 51, PD
1067)

Penalties:
Overstaying or building
structures in easement areas in
Administrative penalties (e.g.,
relation to Obstruction to the Use demolition)
Elements:
Civil penalties in case of
C. Illegal
Fishing Activities and DealingAreas:
in Illegally-Caught Fish or Fishery Products
damages
1. The offender is any person,
natural
or juridicalspawners, eggsTo
1. Capture
of breeders,
orprove
fry element # 1, 2 & 3:
Testimony of witnesses
2. The offender stays or builds
attesting to the existence of a
structures
structure or that the offender is
3. Within the easement areas
staying in the area longer than
a. 3 meters along the
is necessary for the activities
margin of river,
mentioned in the law
streams and shores
Certification
of proper
in urban
areas of Fish Corrals/Traps,
2. Construction and
Operation
Fish
Pens and Fish Cages
authorities that area is within
b. 20 meters in
the designated easement area
agricultural areas
Picture of structure/s build in
c. 40 meters in forest
the easement
areas
4. Such stay is in excess of what
is necessary for recreation,
navigation, floatage, fishing or
salvage
38
Where to file:
DENR for
administrative cases
Appropriate court for
civil cases
Possible violation: Unauthorized Recommended evidence for

obstruction of river or waterway
Unauthorized obstruction of river
3. occupancy
Failure to Comply
with Standards
or
of riverbank
or
or waterway or occupancy of
seashore (Art. 91 (B)(3), PD
riverbank or seashore in relation
1067)
to Obstruction to the Use and
Penalties:
Imprisonment exceeding three
years but not more than six
years
Whereto file:
Prosecutors Office
Elements:
of
Fine exceeding three thousand
Tomanagement
prove elementareas
# 1:
4. FishingOccupancy
in overexploited
or fishery
riverbank or seashore
but not more than six thousand
- Testimony of witnesses
- Picture of area occupied
1. There is occupancy of a
- Ocular inspection or investigation Both at the discretion of the
riverbank or seashore;
court
report
2. The occupancy is without
permission.
- Certification from DENR that
such
obstruction
is complying
not permitted
5. Fishing without license or necessary
permits
or not
Possible violation: Unauthorized
issuance of tax declaration (Sec.
85, PD 705)

Penalties:
Unauthorized issuance of tax
declaration in relation to
Imprisonment:2 to 4 years
Obstruction to the Use and
Elements:
Perpetual disqualification from
and unlicensed
commercial fishers in municipalholding
waterselective or appointive
1.6. Intrusion
Offenderof
is licensed
a public officer
or
employee;
office
2. Offender issues tax
Certification from concerned
declaration
to abuying
real property
office/officer
7. Marketing
and
illegally-caughtgovernment
fish & fishery
species that
3. He issued such tax
the offender is a public officer
declaration without
or employee
certification from Director of
Forest Development AND
Director of Lands (now DENR
Certified True Copy of the tax
based on EO No. 192) that the
declaration issued with
area declared for taxation is
signature of the offender
alienable and disposable land
affixed to it
39
Where to file:
Prosecutors Office
4.
The property declared for

taxation is not titled nor
occupied and possessed by
IPs/ICC before July 4, 1955
government agency that no
such A & D certification was
issued; or
Certification that the land is a
forest land and not classified
as A & D

Certification from the Register
of Deeds that no title was
issued for the said parcel of
land; and
Certification from the NCIP or
LGU that the subject property
is not occupied or
possessed
C. Illegal Fishing Activities and Dealing in Illegally-Caught
Fish
or Fishery Products
by the IPs/ICCs before July 4,
1955
40
DENR approval
Possible violation: Conversion
Penalties:
Where to file:
of mangroves (Sec. 94, RA 8550) Conversion of mangroves in
relation to Construction of
Prosecutors Office
Imprisonment: 6 years and 1
Elements:
seawalls, jetties, reclamation
day to 12 years and/or
areas,
housing, ports,
1.4. Fishing
A mangrove
area is converted
in overexploited
or fishery
management
areas harbors,
or any structure in foreshore
2. Such conversion is for
Fine: P80,000.00
areas without DENR approval:
a. Fishpond and/or
b. For any other
Restoration or compensation
purposes
for the restoration of the
Affidavit attesting to
damage, if needed
conversion activities
Investigation report of
(Section 94)
5. Fishing without license or necessaryconcerned
permits orgovernment
not complying with documentary requirements
agency
Samples of mangroves cut
or pictures of the area
Certification that no permit
was issued in favor of the
accused
Possible violation: Cutting,
Penalties:
Where to file:
Gathering and/or Collecting
Cutting, Gathering and/or
Timber,
or Other
Collecting
Timber,
Other
Value of logs or forest
Prosecutors Office
7. Marketing
andForest
fish &
fisheryor
species
Products Without License (Sec.
Forest Products Without
products: P5.00 or lower
77, PD 705 in relation to Sec.
License in relation to
Imprisonment: 2 years, 4
11.1 of DENR DAO 80, Series of
Construction of seawalls,
months and 1 day to 6 years
1987)
jetties, reclamation areas,
housing, ports, harbors, or any
Elements:
structure in foreshore areas
products: more than P5.00
without DENR approval:
toP50.00
The offender cuts, gathers
and/or collects timber
day to 12 years
The cutting, gathering and/or
41
collection of timber is done

without license
Notes: DAO 80, series of 1987
classifies mangrove, irrespective
of size, as timber.
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness
attesting to the cutting or
gathering
Moreover, PD 705 as amended by

Sec. 4 of
7161 prohibits
the Requirements
B. Failure
toRA
Comply
with Report
cutting of all species of
Certification of concerned
mangroves. DOJ Opinion No. 23,
agencies attesting that no
Series of 1994 supports the
such license was issued to
interpretation favoring ban on
the offender
mangrove cutting.

products: more than P50.00 to
P200.00
day to 12 years
to P6,000
day to 12 years

products: more than P6,000 to
P12,000
Timber
shall mean
a piece
of Dealing in Illegally-Caught Fish or FisheryImprisonment:
10 years and 1
C. Illegal
Fishing
Activities
and
Products
wood having an average diameter
day to 12 years
of at least
cm and aspawners,
length of ateggs or fry
1. Capture
of15
breeders,
least 1.5 m., except all mangrove
species which in all cases, shall be
products: more than P12,000
considered as timber regardless of
to P22,000
size (Sec. 1.11, DAO 80, S. 1987)
months and 21 days to 20
years (additional 1 year for
every P10,000 in excess of the
P22,000), however, not to
exceed 20 years
42
Deportation without further

proceedings if persons liable
are aliens.
Confiscation in favor of the

government of the timber or
any forest products cut,
gathered, collected, removed,
or possessed, as well as the
machinery, equipment,
implements and tools illegally
used in the area where the
timber or forest products are
found.
77, PD 705requirements
imposing
5. Fishing without license or necessary permits or not complying with(Sec.
documentary
penalties prescribed in Art. 310
(qualified theft) in relation to
Article 309 (penalty for theft) of
the Revised Penal Code)
Penalties:
to Navigation or Flow and Ebb
Obstruction to Navigation or
Intrusion
licensed
and unlicensed
fishers
in municipal
waters
of6.Tide
in anyofStream,
River,
Flow commercial
and Ebb of Tide
in any
Fine:
P2,000 to P10,000 or
Lake or Bay (Sec. 103 (d), RA
8550)
Imprisonment: 1month and
seawalls,
reclamation
7. Marketing and buying illegally-caught
fishjetties,
& fishery
species
Elements:
areas, housing, ports, harbors,
1. Any person/entity
Both, upon the discretion of the
2. Puts anything that obstructs
court
a. navigation or
b.
flow of ebb and tide
Affidavit indicating existence
3. In any
than P10,000.00 or
of any obstruction in a
a. stream,
stream, river, lake or bay
b. river,
c. lake or
license, or
43
Where to file:
Prosecutors Office
d.
bay
investigating
obstruction, and
Certification from the PCG,
NAMRIA or any other competent
agency that the water body is a
navigational water

Secretary
Impoundment by the
(Section 103)

of Defined Migration Paths (Sec.
105, RA 8550 in relation to FAO
217, Series of 2001)

Penalties:
Obstruction of Defined
Migration Paths in relation to
Imprisonment: 7 to 12 years or
Fine: P50,000.00 to
Elements:
ports, harbors,
C. Illegal
Fishing Activities and Dealinghousing,
in Illegally-Caught
Fish or
or any
FisheryP100,000.00
Products or
1. A migration path of
anadromous,
catadromous,
Both, at the discretion of the
1. Capture
of breeders,
spawners, eggswithout
or fry DENR approval:
and other migratory species is
court, and
defined
2. Such migratory path was
Cancellation of permit/license,
of obstructions in a defined
obstructed
if any, and
migration path
Note: FAO 217, S. 2001 identifies
Dismantling of obstruction shall
investigating
team
the defined migration
paths in of
theFish Corrals/Traps,
be at his own expense and
2. Construction
and Operation
Fish
Pens and Fish Cages
Philippines.
confiscation of same.
obstruction by the
apprehending officers or
(Section 105)
other witnesses
Certification by BFAR that
the area obstructed is a
defined migration path
44
Where to file:
Prosecutors Office
Possible violation: Squatting or

Penalties:
otherwise occupying any
Squatting or otherwise
3. Failure
to Comply
with Standards
portion
of the
critical habitat
occupying any portion of the
Imprisonment: 1 month to eight
(Sec. 27(c)(ii), RA 9147)
critical habitat in relation to
years and/or
Elements:
Fine: P5,000 to 5 million pesos
1. There is squatting or
structure
in foreshore
occupation
of a place by the
Deportation, without any further
4. Fishing
in overexploited
or fishery
management
areas areas
violator
proceedings, after service of
2. The place occupied is a
sentence and payment of fines
if offender is an alien.
the DENR Secretary in
place
RA 9147
Report on the squatting or
3. The critical habitat is within
every three years
the foreshore
area.
5. Fishing
without
license or necessaryoccupation
permits or not complying with documentary requirements
(Section 28)
place by the offender
Certification or issuance that
6. Intrusion of licensed and unlicensed the
commercial
fishers in as
municipal
waters
place is designated
a
critical habitat
Certification from the FMB
that the critical habitat is
within the foreshore area
45
Where to file:
Prosecutors Office
Possible violation: Undertake

activities in violation of the EIA
Law or PD 1586 (Sec. 27(h), RA
9275)
Elements:

Undertaking activities in
violation of the EIA Law or PD
1586 in relation to Construction
of seawalls, jetties, reclamation
Penalties:
Where to file:
To be imposed by the
Secretary, upon PAB
recommendation:
EMB Regional Director

or Pollution
Adjudication Board
(PAB)
Fine: P10,000.00 to
Violator undertakes
P200,000.00 for every day of
a)
activities
or
violation, to be increased 10%
development and
every 2 years
Photo or video showing that
expansion of
violator is undertaking
project, or
activities or development
b) Violator operates
and expansion of projects or
wastewater/sewerag
operated
e facilities
wastewater/sewerage
facilities
2. Acts
violateActivities
the
suspension of
C. Illegal
Fishing
and Dealing in Illegally-Caught
Fish or FisheryClosure,
Products
Environmental Impact
development or construction,
Report on the
Statement
System
Law
or cessation of operations or,
1. Capture
of breeders,
spawners,
eggs- or fry
abovementioned activities
(Presidential Decree
disconnection of water supply,
No.1586) and its
until compliance (order may be
abovementioned activities of
implementing rules and
issued ex parte pending case)
the offender
regulations.
(Section 28)
Note: For projects covered by PD
1586, see complete
list in Annex
CertificationFish
fromPens
EMBand
on Fish Cages
2. Construction
and Operation
4.
the lack of ECC; or
Copy of the ECC and
specific conditions violated
Affidavit of witness as to the
lack of ECC or violation of
ECC conditions
1.
46

Penalties:
Material shall or may
Violation of Sec. 4(c) of the
a. impede or obstruct
with
Marine Pollution Decree in
navigation
or Standards
Fine: P50,000.00 to
b. increase the level of
P1,000,000.00
pollution of such
water.
Imprisonment: 1 year to 6
years
areas
without DENR
approval:
Exceptions:
or both, for each offense,
4. Fishing in overexploited or fishery
management
areas
1) Emergency imperiling life or
without prejudice to the civil
property, or
liability of the offender in
2) Unavoidable accident,
accordance with existing laws
deposit of material of any
collision, or stranding or
kind
3) In any cases which constitute
Investigation report on the
danger to human life or
incident
property or
Photo
or video
the with documentary requirements
4)5. Fishing
A real threat
to vessels,
without
license or necessary
permits
or notshowing
complying
act
aircraft, platforms, or other
Apprehension report with
man-made structure, or
inventory and seizure receipt
5) If dumping appears to be the
only way of averting the threat
To prove Element #2-5:
and if there is probability that
Sample of deposited
the damage consequent upon
6. Intrusion
of licensed
commercial fishers in municipal waters
such dumping
will be and
less unlicensed material
Results/certification of
than would otherwise occur,
laboratory examination of
and as otherwise permitted
deposited material
by regulations prescribed by
Affidavit that material:
the National Pollution Control
a. shall be liable to be washed
Commission or the Philippine
into such navigable water, either
Coast Guard
by ordinary or high tides, or by
storms or floods, or otherwise, or
b. shall or may impede or obstruct
navigation, or
c. shall or may increase the level
of pollution of such water
1.
47
Where to file:
Prosecutors Office
Possible violation: Violation of

Marine Pollution Decree (Sec. 28,
par 5, RA 9275 in relation to Sec.
4(b) of PD 979)
Elements:

Violation of Sec. 4(b) of the
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office
years
Act is in violation of Section 4 of

PD 979,to
such
that: with Report Requirements
B. Failure
Comply
1. Offender throws, discharges
or deposits, dumps, or
causes, suffers or procures to
incident and location of the
be thrown, discharged, or
source
deposited
2. from the shore, wharf
incident and location
3. any refuse matter of any kind
Photo or video showing the
orFishing
description
whatever
other
act
C. Illegal
Activities
and
than that flowing from streets
andof
sewers
and passing
1. Capture
breeders,
spawners, eggsToorprove
fry Elements #3-4:
therefrom in a liquid state
Sample of the refuse matter
4. into tributary of any navigable
water from which the same
shall float or be washed into
discharged oil harmful
such navigable water
substance
possibility of
refuse
matter
Fish
Pens
and of
Fish Cages
being washed into such
navigable water
48
Possible violation: Undertaking

Penalties:
project without ECC (Sec. 4, PD
Undertaking project without
1586)
ECC in relation to Construction
Fine: not to exceed P50,000 for
of seawalls, jetties, reclamation every violation
Elements:
1. The project is a declared ECP areas without DENR approval:
or in a declared
ECA
4. Fishing
in overexploited
or fishery management areas
To prove Elements #1 and #2:
2. Actual undertaking or
Certification from the EMB
operating the declared ECP
that the project is an ECP or
or project in an ECA by a
is in an ECA
person, partnership or
corporation
3. The project has no ECC
corporation is undertaking
projectwith documentary requirements
4.5. Fishing
For a list
of ECPs
and ECAs,
without
license
or necessaryactivities
permits or
or operating
not complying
that is a declared ECP or in
see Annex 4.
an ECA
To prove Element #3
Certification from EMB on the
lack of ECC
49
Where to file:
Regional EMB Director

EMB Rules on EIA (Sec. 9, PD
1586)

Violation of EMB Rules on EIA
in relation to Construction of
Elements:
1. There are standards, rules,
and regulations issued by the
EMB pursuant to PD 1586
2.
Violation
of thewith
standards,
B. Failure
to Comply
Report Requirements
rules and regulations
Penalties:
Suspension or cancellation of
the ECC
Where to file:
EMB Regional Office
Fine: not to exceed P50,000 for

every violation
Affidavit of witness as to
violation of the standards,
issued by the EMB
violation
the act, if applicable
Possibleofviolation:
evidence for
Penalties:
1. Capture
breeders,Unlawful
spawners, eggsRecommended
or fry
Unlawful occupation of forest
land in relation to Construction
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
of seawalls, jetties, reclamation and
possesses
1. The offender
and
2. Construction
and enters,
Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
occupies, possesses any
forest land and grazing land
Payment: 10 times the rental
attesting that the offender is
occupying the forest land or
grazing land;
possess such forest land and
grazing land
license or permit
Affidavit of apprehending
party that no copy of such
50
Where to file:
Prosecutors Office
authority, license agreement, Maximum penalty for repeat

lease, license, permit to
offenders
possess forest land was
produced when demanded
by apprehending party;
(Section 78)
appropriate DENR Office
that no such areas
authority exists
4. Fishing in overexploited or fishery management
Recommended Evidence for
Penalties:
lands in relation to
Fine: P500.00 to P20,000.00
(Sec. 78, PD 705)
and
Elements: In any manner
destroys such forest land or
part
thereofwithout license or necessary
without
DENRorapproval:
5. Fishing
permits
not complying withand
Picture of the destroyed
3. The forestland is in the
forest land or part thereof
foreshore area
Ocular inspection report by
6. Intrusion of licensed and unlicensed authorized
commercial
fishers in municipal
waters
license
agreement, lease,
representative
of
license or permit
concerned government
agency
offenders
Certification from authorizing
agency to the effect that no
authority was issued.
To prove element# 3:
area
51
(Section 78)
Where to file:
Prosecutors Office

(Sec. 78, PD 705)

lands in relation to

found therein
B. Failure
to Comply with Report Requirements
1. The offender causes damage
a. to the timber stand
and
b. other products and
c. forest growth found
in the forest
2. The forest land is within the
attesting to the damage to
foreshore
the timber stand,Fish
otheror Fishery Products
C. Illegal
Fishing area
Activities and Dealing in Illegally-Caught
products and forest growth in
the forest
area
52

Assisting, aiding or abetting
3. Failure
toand
Comply
withlands
Standards
forest
lands
grazing
any other person to destroy
(Sec. 78, PD 705)
forest land in relation to
Elements: Assists, aids or abets
structure
in foreshore
1.4. Fishing
The offender
assisted, aided
in overexploited
or fishery
management
areas areas
or abetted a person
To prove element # 1 & 2:
3. The forest land is within a
foreshore area
Affidavit
permitsoforwitnesses
not complying with documentary requirements
attesting to the damage to
the timber stand, other
products and forest growth in
the forest
6. Intrusion of licensed and unlicensed
commercialthat
fishers
in municipal waters
Certification
the forest
area
53

(Sec. 78, PD 705)

Refusal to vacate forest land
when told to do so in relation
to Construction of seawalls,
Elements: Refuses to vacate the

area
is part
a forestRequirements
B. Failure
towhich
Comply
withofReport
competent authority to vacate
Picture of the area occupied
the area
3. That the offender refused to
despite the order
Copy of the order of
4. The forest land is part of the
competent authority
foreshore
C. Illegal
Fishing area
Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture of breeders, spawners, eggs- or fry
Investigation report showing
refusal to vacate
CertificationFish
thatPens
the forest
and Fish Cages
area
54
Possible violation: Overstaying

Penalties:
or building structures in
Overstaying or building
3. Failure areas
to Comply
withPD
Standards
easement
(Art. 51,
structures in easement areas in Administrative penalties (e.g.,
1067)
demolition)
Elements:
Civil penalties in case of
1. The offender is any person,
damages
areas
without DENR
approval:
natural in
or overexploited
juridical
4. Fishing
or fishery
management
areas
2. The offender stays or builds
structures
To prove element # 1, 2 & 3:
3. Within the easement areas
a. 3 meters along the
attesting to the existence of
margin of river,
a structure or that the
streams and shores
offender is staying in the
in urban areas
area longer than is
b. without
20 meters
in or necessarynecessary
thecomplying
activities with documentary requirements
5. Fishing
license
permits orfornot
agricultural areas
mentioned in the law
c. 40 meters in forest
Certification of proper
areas
authorities that area is within
4. Such stay is in excess of what
the designated easement
is necessary for recreation,
area
navigation, floatage, fishing or Picture of structure/s build in
6. Intrusion
commercial
salvage of licensed and unlicensed the
easementfishers in municipal waters
55
Where to file:
DENR for
administrative cases
Appropriate court for
civil cases
Possible violation:
Unauthorized obstruction of
river or waterway or occupancy
of riverbank or seashore (Art. 91
(B)(3), PD 1067)

of riverbank or seashore in
Elements: Occupancy of
riverbank or seashore
1.
There
is
occupancy
of
a
2. The occupancy is without
permission.
Picture of area occupied
Ocular inspection or
investigation report
Penalties:
Whereto file:

years
Prosecutors Office

Both at the discretion of the
court
element # 2:Fish or Fishery Products

C. Illegal Fishing Activities and DealingTo
inprove
Illegally-Caught
Certification from DENR that
such obstruction is not
permitted
Possible violation:
declaration (Sec. 85, PD 705)

Penalties:
Elements: and Operation of Fish Corrals/Traps,
jetties, reclamation
2. Construction
Fish areas,
Pens and Fish Cages
1. Offender is a public officer or
holding elective or appointive
employee;
office
declaration to a real property
declaration without
government office/officer that
the offender is a public
Director of Lands (now DENR
officer or employee
56
Where to file:
Prosecutors Office
based on EO No. 192) that

the area declared for taxation
3. Failure
to Comply
with Standards
is alienable
and disposable
Certified True Copy of the
land
tax declaration issued with
4. The property declared for
affixed to it
IPs/ICCinbefore
July 4, 1955
To management
prove elementareas
# 3:
4. Fishing
overexploited
or fishery
government agency that no
such A & D certification was
issued; or
Certification that the land is a
forest land and not classified
as A & D
Register of Deeds that no
title was issued for the said
parcel of land; and
Certification from the NCIP
6. Intrusion of licensed and unlicensed or
commercial
fishers
in municipal waters
LGU that the
subject
property is not occupied or
possessed by the IPs/ICCs
4, 1955
7. Marketing and buying illegally-caughtbefore
fish &July
fishery
species
57

Possible violation: Failure to
conduct yearly report on FLA
Failure to conduct yearly report
(Sec. 103 (b), RA 8550)
on FLA in relation to Failure to
comply with report
Elements: when offender is FLA
requirements:
holder
Copy of the FLA indicating the
1.
The
offender
is
holder
of
accused as the holder
Fishpond Lease Agreement
Copy of BFAR notice requiring
(FLA)
yearly report
2. He fails to render annual report Result of investigation by the
when due
investigating team indicating
failure to comply with the
annual reporting requirement
Penalties:
Where to file:
Immediate cancellation of FLA
BFAR Office
(Section 103 (b))

- added to every penalty:
Forfeiture of the proceeds of
such offense and the
instruments or tools with which
it was committed
(Section 103)
Possible
violation:
Refusal
evidence
Penalties:
C. Illegal
Fishing
Activities
andorDealing Recommended
in Illegally-Caught
Fish orfor
Fishery Products
Refusal or failure to submit
failure to submit reports whenever
required of
bybreeders,
the Department
in
1. Capture
spawners,
eggs reports
or fry whenever required by
the Department in accordance
accordance with the Clean Water
Secretary, upon PAB
with the Clean Water Act in
Act (Sec. 27 (m), RA 9275)
recommendation:
relation to Failure to comply with
Elements:
report requirements:
Fine: P10,000.00 to
1. Refusal or failure to submit
Report and
Affidavit
DENR
reports and Operation of Fish Corrals/Traps,
every 2 years
2. Construction
Fish
Pensofand
Fish Cages
officials as to the refusal or
2. Reports are required by the
failure to submit reports
DENR in accordance with the
Closure, suspension of
Clean Water Act
development or construction, or
cessation of operations or,
Certification that the report is
required by DENR in
until compliance (order may be
accordance with the
issued ex parte pending case)
provisions of the Clean Water
Act
(Section 28)
58
Where to file:
EMB Office or PAB
Possible violation: Failure or

Penalties:
Failure or refusal to submit
refusal to submit reports, notices or
3. Failure
to Comply
Standards
reports, notices or other
other
information
(Sec. with
13 (b),
RA
Imprisonment: 6 months and
information in relation to Failure
6969)
one day to 6 years and one day
to comply with report
and a
Elements:
requirements:
1. Failure or refusal to submit
Fine: Php600.00 to P4,000.00
a. in Reports
Tomanagement
prove Elements
#1-2:
4. Fishing
overexploited or fishery
areas
b. Notices
Report and Affidavit of DENR
Shall not be covered by the
c. Other information
officials as to the failure or
Probation Law.
2. The reports, notices, other
refusal to submit reports,
information are required under
notices or other information
Deportation and bar from any
RA 6969
Failure to allow access to
subsequent entry into the
records required by RA 6969
Philippines after serving his or
Failure to permit inspection
her sentence if the offender is a
foreigner
5. Fishing without license or necessary permits or not complying with documentary
requirements
(Section 14 (a)(i))
59
Where to file:
Prosecutors Office

Possible violation: Capture of sabalo, and
other breeders/spawners (Sec. 98, RA
8550)
Recommended evidence for Capture

of sabalo, and other
breeders/spawners in relation to
Capture of breeders, spawners, eggs
or fry:
Elements:
B. Failure
to Comply with
1. A person/entity
is Report Requirements
a. Catching
b. Gathering
Affidavit of the apprehending
c. Capturing
officer(s) indicating
o
The identity and personal
d. Possessing
circumstances of the
2. The fisheries species involved is
a. Mature milkfish called
apprehended person
sabalo
o
The circumstances of the
C. Illegal Fishingb.Activities
and
Dealing
in
Illegally-Caught
Fish
Fishery
Products
actorsuch
as catching,
Other breeders or
gathering, capturing or
spawners as determined
1. Capture of breeders,
eggsofor fry
possessing
by spawners,
the Department
o
Taking samples and
Agriculture
issuance of appropriate
3. The purpose of catching, gathering,
receipt evidencing the
capturing or possessing is not for local
taking of samples
breeding, or scientific or research
Positive identification and
purposes
certification by BFAR of the
2. Construction and Operation of Fish Corrals/Traps,species
Fish Pens
and Sabalo
Fish Cages
is either
or other
breeders/spawners
Apprehension Report with
inventory, seizure receipt and/or
disposal or turnover receipts
60
Penalties:
Imprisonment: 6 months
and 1 day to 8 years
and/or
Where to
file:
Fine: P80,000.00 and
Prosecutors
Office for
criminal
charges
Forfeiture of the catch,

and fishing equipment
used, and
BFAR for
revocation of
license
Revocation of license
(Section 98)
Possible violation: Exporting of breeders,

spawners, eggs or fry (Sec. 99, RA 8550)

Exporting of breeders, spawners,
eggs or fry in relation to Capture of
breeders, spawners, eggs or fry:
Penalties:
Imprisonment: 8 years,
Element:
Confiscation of the
1. A person/entity exports
breeders, spawners,
a. Breeder
eggs or fry, or
Spawner or fishery management
officer(s)
4. Fishing in b.
overexploited
areas indicating
c. Eggs, or
o
The identity and personal
Fine equivalent to
d. Fry
double the value of the
apprehended person
same, and
o
The circumstances of the
exportation of the
Revocation of the fishing
breeders, spawners,
and/or export
eggs or fry
license/permit
Positive
identification
and
5. Fishing without license or necessary permits
or
not complying
with
certification by BFAR or duly
(Section 99)
deputized officer of the breeder,
spawner, eggs or fry
Possible violation: Unauthorized fishing
Penalties:
or engaging in other unauthorized
Unauthorized fishing or engaging in
fisheries
activities
(Section
86, par 1, RA fishother
unauthorized
On any commercial
7. Marketing
and buying
illegally-caught
& fishery
species fisheries
8550)
activities in relation to Capture of
fishing boat captain or
the three (3) highest
Unauthorized Fishing
officers of the boat:
Elements:
Affidavit of apprehending officer(s)
Fine: equivalent to value
1. A person or entity exploit, occupy,
indicating
of catch or P10,000.00,
produce, breed, culture, capture or
o
Actual exploitation,
whichever is higher, and
gather
occupation, production,
a. Fish, fry or fingerlings of any
breeding, culture, capture Imprisonment: 6
61
Where to
file:
Prosecutors
Office for the
criminal
charges
BFAR for the
revocation of
the fishing
and/or export
license/permit
Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for
automatic
revocation of
license to fish
fishery species or
b. fishery products
The fishery activity is done in Philippine
waters
It is done without license, lease or
permit
or gathering
Fish, fry or fingerlings of
2.
any fishery species or
fishery products
3.
o
The location of the
activity is within
Philippine waters or the
position of the vessel
Note:
when applicable
Discovery of any person in an area where he
o
The fact that upon
has no permit or registration papers for a
apprehension, no permit,
fishing vessel shall constitute a prima facie
license or lease was
presumption that the person and/or vessel is
presented by the accused
engaged in unauthorized fishing.
Exception: fishing for daily food sustenance
or for leisure
which
is not for
PictureFish
of the
subject
of the
C. Illegal
Fishing
Activities
andcommercial,
oractivity
Fishery
Products
occupation or livelihood purposes
offense and other objects showing
the location of the activity, and
fishing vessel and/or receipt if
impounded fishing boat, when
applicable
Certification duly issued by the
BFAR/LGU/other competent
authority that no permit, license or
in favor
of the
2. Construction and Operation of Fish Corrals/Traps,lease
Fish was
Pensissued
and Fish
Cages
accused
Possible violation: Unauthorized fishing
or engaging in other unauthorized
fisheries activities (Section 86, par 1, RA
8550)
Engaging in Other Unauthorized
Fisheries Activities

Unauthorized fishing or engaging in
other unauthorized fisheries
activities in relation to Capture of
To prove element #1-3:
62
months,
Confiscation of catch
and fishing gears, and
Automatic revocation of
license.
(Section 86)
Affidavit of apprehending officer

Elements:
that
to Comply
with Standards
o
such person or entity is
1.3. Failure
A person/entity
is engaged
in any
engaging in fishery activity
fishery activity
o
the activity is within
2. The fishery activity is done in Philippine
Philippine waters
waters
o
Upon apprehension, no
3. It is done without license, lease or
permit in overexploited or fishery management areaslicense, lease or permit
4. Fishing
was shown
Picture of the activity subject of the
Note:
offense and other objects showing
Discovery of any person in an area where he
the location of the activity, and
has no permit or registration papers for a
fishing vessel and/or receipt if
fishing vessel shall constitute a prima facie
impounded fishing boat, when
presumption that the person and/or vessel is
applicable
engaged in unauthorized fishing.
Certification
duly issued
by the
or
not complying
with documentary
requirements
Exception: fishing for daily food sustenance
authority that no permit, license or
or for leisure which is not for commercial,
lease was issued in favor of the
occupation or livelihood purposes
accused
6. Intrusion of licensed and unlicensed commercial
fishers
in municipal
waters
disposal
or turnover
receipts
Possible violation: Importation or
exportation
fishbuying
or fishery
species
or exportation of fish or
7. Marketingofand
illegally-caught
fishImportation
& fishery species
(Sec. 100, RA 8550)
fishery species in relation to Capture
of breeders, spawners, eggs or fry:
Elements:
1. A person/entity engages in
a. Importation
b. Exportation
2. Of fish or fishery species (breeders,
o
The identity and
spawners, eggs or fry)
personal
3. Such importation or exportation violates
63
Penalties:
Imprisonment: 8 years
Destruction of live
fishery species or
Forfeiture of non-live
fishery species in favor
Where to
file:
Prosecutors
Office for
criminal
charges
BFAR for ban
the Fisheries Code
apprehended person
The circumstances
showing the act of
exportation or
importation
o
Taking of specimen
and issuance of
certificate of fish
and/or fishery
sample taken for
determination of
whether said fishery
product is a breeder,
spawner, egg or fry
Certification from BFAR of nonissuance of export or import permit
in favorFish
of the
oraccused
Fishery Products
o
64
of the department for its

proper disposition:
Ban from being
members or stock
holders of companies
currently engaged in
fisheries or companies
to be created in the
future, the guidelines for
which shall be
promulgated by the
Department.
(Section 100)
Possible violation: Construction
Penalties:
3. Failure
to Comply
and
Operation
of Fishwith Standards Construction and Operation of
Corrals/Traps, Fish Pens and Fish Fish Corrals/Traps, Fish Pens
Fine: P2,000.00 to P10,000.00
Cages (Sec. 103 (e), RA 8550)
and Fish Cages in relation to
or
Construction and Operation of
Elements:
Fish Corrals/Traps, Fish Pens
Imprisonment: 1 month and 1
Fish Cages:
in constructs
overexploited
management
areas
1.4. Fishing
A person
and or fisheryand
day to 6 months, or
operates fish corrals/traps, fish
pens and fish cages
To prove Elements #1-2 for this
2. It is without a license/permit.
illegal activity:
court
Affidavit indicating
construction and operation of
fish corrals, fish traps, fish
than P10,000.00 or
pens, and/or fish cages by
or not complying
with documentary
the apprehending
officers or
Cancellation ofrequirements
his permit or
other witnesses, or
license, or both in the discretion
investigation report by the
of the Secretary
investigating
Impoundment of confiscated
Picture or sketch of the fish
materials used in the
corrals, fish traps, fish pens,
construction and operation by
fishers
municipalthe
waters
and/or fish cages
byinthe
Department with the
assistance of the Philippine
other witnesses
Coast Guard, PNP-Maritime
Certification
that
no permit or
Command
fish
& fishery
species
license was issued in favor of
the accused by BFAR, LGU,
or other competent authority
it was committed
(Section 103)
65
Where to file:
Prosecutors Office
BFAR for the
administrative case;
or LGU if allowed by
an ordinance
Possible violation: Obstruction to

Navigation or Flow and Ebb of
Tide in any Stream, River, Lake or
Bay (Sec. 103 (d), RA 8550)

Obstruction to Navigation or
Flow and Ebb of Tide in any
relation to Construction and
Operation of Fish
Corrals/Traps, Fish Pens and
Fish Cages:
Penalties:
Where to file:
Fine: P2,000.00 to P10,000.00

or
Prosecutors Office
Imprisonment:1 month and 1

day to 6 months, or
Elements:
1. Any person/entity puts a
structure
in stream,
river, lake
B. Failure
to Comply
with Report
Requirements
or bay
court
2. Such structure obstructs
of fish corrals/traps, fish pens Administrative fine: not more
navigation or flow and ebb of
and fish cages constructed in than P10,000.00 or
tide in said bodies of water.
a stream, river, lake or bay
and the effect of such
structure obstructs navigation license, or
or the ebb and Fish
flow of
or Products
ortide;
Fishery
investigating
Secretary
indicating the above
Impoundment of the
information
confiscated materials used in
the construction and operation
corrals/traps, fish pens and
by the Department with the
fish cages constructed in a
stream, river,
orand
bay Fish Cages
Fishlake
Pens
Certification by Philippine
Command
Coast Guard or other
competent authority that the
(Section 103)
fish corrals/traps, fish pens
and fish cages impede
navigation; or Certification by
the Municipal Agriculture
Officer that the fish
66
BFAR for the

an ordinance
fish cages obstructs the flow

and ebb of tides

Possible violation: Obstruction of
Penalties:
Defined Migration Paths (Sec. 105, Obstruction of Defined
RA 8550)
Migration Paths in relation to
Imprisonment: 7 to 12 years or
Elements:
Corrals/Traps,
4. Fishing in overexploited or fisheryFish
management
areasFish Pens
and Fish Cages:
1. A migration path of
Fine: P50,000.00 to
anadromous, catadromous, and
P100,000.00 or
other migratory species is
defined
of fish corrals/traps, fish pens court, and
2. Such migratory path was
and fish cages constructed in
obstructed by the construction
a defined migration path; or
and operation of fish
Cancellation of permit/license,
investigation
by the with documentary
corrals/traps,
fish
pens and
fish
if any, and
5. Fishing
without
license
or necessary
permits
or notreport
complying
requirements
investigating
cages
Dismantling of obstruction shall
Note: Example of migration pathson the same
be at his own expense and
river mouths and estuaries within a
confiscation of same.
distance determined by the
concerned FARMCs
fish cages in the defined
(Section 105)
migration path
Certification by BFAR or
concerned FARMCs that the
area&isfishery
a migration
path
7. Marketing and buying illegally-caught fish
species
67
Where to file:
Prosecutors Office
BFAR for the
an ordinance
Possible violation: Aquatic

pollution - Unsound agricultural
practices: Use of banned chemicals
and use of artificial fish feed causing
similar hazards and deleterious
effects (Secs. 102 & 4(4), RA 8550)

Penalties:
Aquatic pollution - Unsound
agricultural practices: Use of
banned chemicals and use of
artificial fish feed causing
Fine: P80,000.00 plus an
effects in relation to
additional fine of P8,000.00 per
Elements:
day until such violation ceases
Fish
Corrals/Traps,
Fish
Pens
and the fines paid.
1. Conduct of unsound agricultural and Fish Cages:
practices, such as intensive use
(Section 102)
of artificial fish feed and wetland To prove Element #1:
conversion as a result of
- Photo or video showing as
intensive use of artificial fish
fish corrals/traps, fish pens and
feed and wetland conversion
fish cages
as a result of construction and
operation of fishFish
corrals/traps,
or Fishery Products
2. Said unsound agricultural
fish pens and fish cages
practices
cause hazards
and eggs or
- fry
Report on the intensive use of
1. Capture
of breeders,
spawners,
deleterious effects as to harm
artificial fish feed and wetland
living and non-living aquatic
conversion as a result of
resources, pose potential
and/or real hazard to human
fish corrals/traps, fish pens
health, hindrance to the aquatic
and fish cages; or affidavit of
activities such as fishing and
witness on the same
navigation
2. Construction
Certification or issuance by
the BFAR that the intensive
use of artificial fish feed and
wetland conversion resulted
or is likely to result in such
68
Where to file:
Prosecutors Office

health, hindrance to the
aquatic activities such as
fishing and navigation; or
affidavit of expert witness as
to the hazard and deleterious
effects of the unsound
agriculturalareas
practices
or occupancy of riverbank (Sec.
91 (B)(3), PD 1067)

Penalties:
of riverbank in relation to
Elements: Unauthorized obstruction
Fish Corrals/Traps, Fish Pens
years
andpermits
Fish Cages:
of5.river
or waterway
Fishing
without license or necessary
or not complying with documentary requirements
1. There is construction and
To prove elements # 1 & 2:
operation of fish corrals/traps,
Picture of fish corrals/traps,
fish pens and fish cages in a
fish pens and fish cages
river or waterway;
court
obstructing a river or
2. Such construction or operation
waterway;
6. Intrusion
licensed
and unlicensed
fishersorin municipal waters
obstructsof
the
river or waterway;
- commercial
Ocular inspection
3. The construction or operation is
investigation report or
without permit.
affidavit showing fish
corrals/traps,
pens and
& fisheryfish
species
fish cages obstructing a river
or waterway
Certification by LGU that fish
fish cages are not permitted
69
Where to file:
Prosecutors Office

comply with minimum safety
standards (Sec. 103 (a), RA 8550)

Failure to comply with minimum
safety standards in relation to
Failure to comply with
standards:
Penalties:
Where to file:
Immediate prevention from

continuing with fishing activity
and escorted to the nearest port
or landing point.
Prosecutors Office
Elements:
1. A person/entity is engaged in
fishing
2. The
or captain
of a Requirements
Copy of the Commercial
Suspension of license to
B. Failure
toowner
Comply
with Report
commercial fishing vessel fails
Fishing Vessel and Gear
operate the commercial fishing
to exhibit or show proof of
License
vessel until the safety standard
compliance with the safety
Copy of boat license from
has been complied with.
standards
MARINA
(Section 103 (a))
o The identity and
Fine: P2,000.00 to P10,000.00
personal circumstances
or
of the apprehended
person
o The position or location
day to 6 months, or
of the fishing vessel if at
sea
o The conduct of
court
inspection and the
specific violations of
Fish
Pens and Fish Cages
safety
standards
than P10,000.00 or
Receipt of confiscated fish
license, or
and disposal thereof, if any
Secretary
Impoundment by the
70
BFAR for
administrative
charges and
proceedings

(Section 103)
it was committed
(Section 103)
Possible violation: Commercial
Penalties:
Fishing Vessel Operators
Commercial Fishing Vessel
Employing
Unlicensed
Fisherfolk
Operators
Fine: P500.00requirements
each for every
5. Fishing without
license
or necessary
permitsEmploying
or not complying with documentary
or Fishworker or Crew (Sec. 104,
Unlicensed Fisherfolk or
month that the same has been
RA 8550)
Fishworker or Crew in relation
employed and/or P1,000.00 for
to Failure to comply with
every month for each
Elements:
standards:
unlicensed crew member who
1. A person/entity owns or
has been employed.
operates a commercial fishing
6. Intrusion
fishersthat
in municipal
waters 104)
- commercial
Affidavit indicating
(a) at
vessel of licensed and unlicensed
(Section
the time of apprehension,
2. The owner/operator employs
persons who were later found
fisherfolk, fishworker or crew
out to
unlicensed
were
3.
Said fisherfolk,
fishworker
or
7. Marketing
and buying
illegally-caught
fish
& be
fishery
species
employed as fish workers or
crew are unlicensed
crew, and that (b) the
apprehending team asked for
their licenses but none could
be presented
Apprehension report by the
apprehending team
Inventory of crew by the
71
Where to file:
Prosecutors Office
investigating team
Certification by BFAR that no
license has been issued in
the name of the alleged
unlicensed fishworker and/or
crew

Penalties:
catch
ceilings
(Sec.
101,
RA
8550)
Violation
of
catch
ceilings
in
relation to Failure to comply
Imprisonment: 6 months and 1
with standards:
Elements:
1. Catch ceiling was declared by
Certified true copy of the
the Department
FAO or ordinance declaring
2. A person/entity catches fish or
Forfeiture of the catch, and
fishery species more than such
catch ceiling
fishing equipment used and
ceiling
C. Illegalcatch
Fishing
Revocation of license
- fryAffidavit of the apprehending
1. Capture of breeders, spawners, eggs or
officer(s) indicating that the
(Section 101)
catch is more than the catch
ceiling
Other evidence:
inventoryFish
and seizure
receipt
Pens and
Fish Cages
of confiscated fish and
disposal thereof, if any
72
Where to file:
Prosecutors Office
BFAR/LGU for the
revocation of
license

Possible violation: Unauthorized Recommended evidence for
Penalties:
fishing by commercial fishing
Unauthorized fishing by
vessel (Sec. 86, par. 3, RA 8550)
commercial fishing vessel in
On any commercial fishing boat
relation to Fishing in
captain or the three (3) highest
Elements:
management areas:
4. Fishing
in overexploited
1.
A person
or entity is a or fishery management areas
Fine: equivalent to value of
commercial fishing vessel in
catch or P10,000.00, whichever
the act of fishing
is higher, and
2. The fishing activity is within
bays and in other fishery
Imprisonment: 6 months,
o
Actual fishing activity
management areas
Confiscation of catch and
o
The position/location
3. Such area was declared as
fishing gears, and
of the fishing vessel
over-exploited
showing it is inside
5. Fishing without license or necessary permits or
notand
complying
requirements
Automatic revocation
of
bays
in other with documentary
license.
fishery management
areas that are
declared
overexploited
Copy of the boat registration or
certification issued by
MARINA/PCG as to its gross
tonnage
Receipt of confiscated fish and
thereof,species
if any
7. Marketing and buying illegally-caughtdisposal
fish & fishery
Picture of the fishing vessel
and/or receipt of impounded
fishing boat
Certification by BFAR/LGU that
the bay or fishery management
area is over-exploited
73
Where to file:
Prosecutors Office
BFAR for the
automatic
revocation of
license
MARINA for the
cancellation of the
vessel registration
(MARINA Rules)
Possible violation: Use of active

gear in municipal waters and
bays and other fishery
management areas (Sec. 90, RA
8550)
Recommended evidence for Use

of active gear in municipal
waters and bays and other
fishery management areas in
management areas:
Penalties:
Where to file:
For the boat captain and

master fisherman:
Imprisonment: 2 to 6 years
Prosecutors Office
Elements:
(Section 90 (1))
1. A person/entity is fishing
inside
fishery management
For the vessel owner/operator:
B. Failure
to Comply
areas
Fine: P2,000.00 to 20,000.00
2. He uses active gear in fishing
upon the discretion of the court.
o The position/location of
the fishing vessel within If the owner/operator is a
Note: Active fishing gear is
a fishery management
characterized by gear movement,
corporation, the penalty shall
area
and/or pursuit of the target species
be imposed on the chief
o The act or actual fishing executive officer of the
by towing, lifting and pushing the
activity ofFish
the vessel
in Products
gears, Fishing
surrounding,
covering,
Corporation.
C. Illegal
Activities
or Fishery
the area using a fishing
dredging, pumping and scaring the
gear
target species
to impoundments.
If the owner/operator is a
1. Capture
of breeders,
spawners, eggs or fry
Receipt of confiscated fish and partnership the penalty shall be
imposed on the managing
partner.
(Section 90(2))
Affidavit byFish
the apprehending
Confiscation and forfeiture of
Pens and Fish Cages
officer showing that the gear
catch
used is active
Apprehension report and
(Section 90)
seizure receipt of confiscated
gear
Picture of gear used
74
Possible violation: Fishing in

Penalties:
overfished area and during
Fishing in overfished area and
3. Failure
to Comply
with
Standardsduring closed season in relation
closed
season
(Sec. 95,
RA
8550)
to Fishing in overexploited or
fishery management areas:
Elements:
Fine: P6,000.00 and
1. A person or entity is engaged
in fishing
- management
Affidavit of the
apprehending
Forfeiture of the catch and
4. Fishing
in overexploited or fishery
areas
2. Fishing is done in a declared
overfished area, and
apprehended person is in the
Cancellation of fishing permit
act of fishing
3. Fishing was done during
or license.
closed season
(Section 95)
officer indicating the position or
location of
orthe
notfishing
vessel/facility
FAO/ordinance or certificate
from BFAR/LGU declaring the
area as overfished and that it
is closed for fishing
Other evidence:
and seizure
receipt
7. Marketing and buying illegally-caughtinventory
fish & fishery
species
of confiscated items and fish or
fishery products
75
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
Possible violation: Fishing in

fishery reserves, refuge and
sanctuaries (Sec. 96, RA 8550)

Fishing in fishery reserves,
refuge and sanctuaries in
management areas:
Elements:
fishing
2. The fishing activity is done
inside
an
area
declared
by
DA
as a fishery reserve, refuge or
sanctuary
apprehended person is in the
act of fishing
Penalties:
Where to file:
and/or
Prosecutors Office
Fine of P2,000.00 to
P20,000.00 and
Forfeiture of the catch and
or license.

(Section 96)
officer indicating that the
fishing is done inside
theFishery Products
Fish or
fishery reserve, refuge or
sanctuary
Certified true copy of the FAO
or certificate from BFAR
declaring the area as a fishery
reserve, refuge or sanctuary
Other evidence:
Apprehension
with Fish Cages
FishReport
Pens and
of confiscated items and fish or
fishery products
76
BFAR for the

administrative
charges
Penalties:
3. Failure
Complyin
with
StandardsUnauthorized Fishing or
Fishing
or to
Engaging
Other
Unauthorized Fisheries
Engaging in Other Unauthorized
On any commercial fishing boat
Activities (Section 86, par 1, RA
Fisheries Activities in relation to
captain or the three (3) highest
8550)
Fishing without license or
necessary permits or not
Elements:
complying
with areas
documentary
management
requirements:
1. A person or entity exploit,
catch or P10,000.00, whichever
occupy, produce, breed,
is higher, and
culture, capture or gather
a. Fish, fry or
fingerlings
b. Of any fishery
o
species or fishery
fishing gears, and
o
That the fishing
products
activity
is within with documentary requirements
5. Fishing without
license or necessary permits or
not complying
2. The fishery activity is done in
Philippine waters
Philippine waters
license.
o
The fact that upon
3. It is done without license,
apprehension, no
lease or permit
(Section 86)
permit, license or
lease was presented
Note: Discovery of any person in
by the accused
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal waters
said
areas without
permit or
Picture showing
the fishing
registration is prima facie evidence.
activity
GPS reading of the location of
the fishing activity
Receipt of impounded vessel
-
77
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
Certification duly issued by the

authority that no permit,
license or lease was issued in
favor of the accused
Possible violation: Poaching in

Penalties:
Poaching in Philippine waters in
Philippine waters (Sec. 87, RA
relation to Fishing without
8550) to Comply with Report Requirements
Fine: US$100,000.00
B. Failure
Elements:
not complying with documentary
Confiscation of catch, fishing
requirements:
1. Any foreign person,
equipment and fishing vessel
corporation or entity fishes or
operates the fishing vessel
(Section 87)
2. Such fishing activity or
operation of fishing vessel is
conducted
within Philippine
o
C. Illegal
Fishing Activities
waters
showing it is inside
Prima facie act of poaching (FAO
the Philippine waters
200, S. 2000)
including EEZ,
internal waters or
1. Foreign fishing vessel enters
municipal waters
the Philippine waters
o
2. Such entry is accompanied by
or acts constituting
any of theand
following
facie evidence
2. Construction
Operation of Fish Corrals/Traps,prima
Fish Pens
and Fish Cages
circumstances:
of poaching
a. Navigating with its
o
That the vessel is not
fishing gear
of Philippine
deployed and/or not
nationality
stowed
Copy of the vessel registration
b. Navigating with an
papers
irregular track or
route
the vessel and fishing activity
c. Navigating through
78
Where to file:
Prosecutors Office
BFAR for
administrative
charges
Philippine territorial
waters without prior
Standards
notice to,with
clearance
of, or permission
from the appropriate
Philippine authority
fishing vessel
d. Navigating in a
that does
Note:
Exclusive Economic
Zone
4. Fishing in manner
overexploited
or fishery
management
areas
not qualify as
(EEZ) refers to the area from the
innocent passage
seaward edge of the state's
nor navigating
territorial sea out to 200 nautical
outside traditional
miles from its coast. The term may
routes or in identified include the territorial sea and even
fishing grounds
the continental shelf beyond the
e. Navigating without
200-mile limit. A state has special
flying its
national
rightspermits
over theorexploration
and use
5. Fishing without
license
or flag
necessary
not complying
3. Or when foreign fishing vessel of marine resources, including
is found within Philippine
energy production from water and
waters and is found
wind in the EEZ. (United Nations
a. Lying-to or anchoring Convention on the Law of the Sea,
without any valid
2011)
reasons or
6. Intrusion of
licensed andthat
unlicensed commercial fishers in municipal waters
circumstances
may indicate the
existence of force
majeure, distress, or
for purpose of
rendering assistance
to persons, ships or
any sea craft that is
endangered or in
distress
b. Lying-to or anchoring
at, or anchoring near
to or within known
79
4.
fishing grounds or
marine protected
areas
Or when such foreign fishing
vessel is in possession of
freshly caught fish on deck or
in storage, or corals, or
mollusks.

Penalties:
commercial fishing within municipal Unauthorized commercial fishing On any municipal fisherfolk:
within municipal waters in
waters (Sec. 86, par 5, RA 8550)
relation to Fishing without
Elements:
1. A person is not listed in the
Fine: P500.00
requirements:
registry of municipal fisherfolk
2. The
fishingActivities
activity is and
for trade,
C. Illegal
Fishing
Dealing in Illegally-Caught Fish or Fishery Products
business or profit, and not
subsistence
or sports
fishing eggs- or fry
Certification from MAO that the
1. Capture
of breeders,
spawners,
3. Said fishing activity is within
person is not listed in the
municipal waters
registry of municipal fisherfolk
Note: Municipal waters, is the
area located within 15 kilometers
from the coastand
line.Operation
(Sec. 4, par.
58, Corrals/Traps,
fishing activity
for trade,
2. Construction
of Fish
FishisPens
and Fish Cages
RA 8550)
business or profit
Affidavit showing that the
fishing activity was done within
municipal waters
Receipt of confiscate fish and
80
Where to file:
Prosecutors Office

Picture of the fishing activity
Receipt of impounded fishing
boat, if any
Possible violation: Commercial
Penalties:
Fishing
Vessel
Operators or fishery
Commercial
Fishing
4. Fishing
in overexploited
management
areasVessel
Employing Unlicensed
Operators Employing Unlicensed Fine: P500.00 each for every
Fisherfolk or Fishworker or Crew Fisherfolk or Fishworker or Crew
month that the same has been
(Sec. 104, RA 8550)
in relation to Fishing without
employed and/or P1,000.00 for
every month for each
Elements:
unlicensed crew member who
requirements:
4. A person/entity owns or
has been employed.
operates a commercial fishing
5. Fishing
permits
or not#1-3:
complying with documentary
vessel without license or necessary
(Section 104) requirements
To prove
Elements
Affidavit indicating that (a) at
5. The owner/operator employs
the time of apprehension,
fisherfolk, fishworker or crew
persons who were later found
6. Said fisherfolk, fishworker or
out to be unlicensed were
crew are unlicensed
employed as fish workers or
crew, and that (b) the
in municipal
waters
apprehendingfishers
team asked
for
their licenses but none could
be presented
Apprehension
by the
fish & fisheryreport
species
apprehending team
Inventory of crew by the
investigating team
Certification by BFAR that no
license has been issued in the
name of the alleged
unlicensed fishworker and/or
crew
-
81
Where to file:
Prosecutors Office

commercial fishing within
municipal waters (Sec. 86, pars. 1,
in relation to Sec. 18, RA 8550)

Unauthorized commercial
fishing within municipal waters
in relation to Intrusion of
Elements:
commercial fishers in municipal
waters:
1. The fishing vessel weighs at
least
gross with
tons Report
(FAO 198,
B. Failure
to 3.1
Comply
Requirements
Series of 2000)
2. Said fishing vessel is in the act
Copy of the boat registration
of fishing
or certification issued by
3. The fishing activity is located
MARINA/PCG/LGU as to its
within municipal waters
gross tonnage
Penalties:
Where to file:
On any commercial fishing

boat captain or the three (3)
highest officers of the boat:
Prosecutors Office

catch or P10,000.00,
whichever is higher, and
fishing gears, and
Note: Municipal waters, is the area

C. Illegal
Activities
and
Dealing in
locatedFishing
within 15
kilometers
from
- Illegally-Caught
the coast line. (Sec. 4, par. 58,
license.
RA 8550)of breeders, spawners, eggs or fry o Actual fishing activity
1. Capture
(Section 86)
o The GPS reading
showing that the
fishing vessel is
within 15 kilometers
from the coastline
Fish
and
Fish Cages
engaged in
thePens
fishing
activity
Other evidence:
Receipt of impounded fishing
boat
82
BFAR for the

administrative
charges
7. Marketing and buying illegally-caught fish, fishery species & other aquatic wildlife
Possible violation: Dealing in,
Penalties:
selling or in any manner
Dealing in, selling or in any
disposing of illegally-caught fish
manner disposing of illegallyImprisonment: 6 months to 2
(Sec 88, par. 4 in relation to par.
caught fish in relation to
years.
1, RA 8550)
Marketing and buying illegallycaught fish, fishery species &
(Section 88 (4))
management
areas
Elements:
other
aquatic wildlife:
1. The fish or any fishery species
Forfeiture of explosives,
was caught or gathered with
noxious or poisonous
the use of electricity,
substances and/or electrical
Certification by the fish
explosives, noxious or
devices, as well as the fishing
examiner that the fish is
poisonous substance
vessels, fishing equipment and
caught with the use of
2. Such fish or any fishery
catch
explosives; or
species is dealt in, sold or in
Certification by the BFAR
5. Fishing
without
licenseof,orfor
necessary permits
orthat
not the
complying
requirements
any manner
disposed
(Section 88 (5))
laboratory
fish is with documentary
profit
caught with the use of
electricity or noxious or
poisonous substances
Photographs of the fish
examination, when applicable
Receipt of fish samples taken
for examination issued by the
apprehending officers
To prove
#2:
fish Element
& fishery
species
Affidavit by the apprehending
officers indicating the acts of
o
Dealing in, selling, or
in any manner
disposing of, for
profit, illegally
caught/gathered
fishery species
o
Possession of such
83
Where to file:
Prosecutors Office
fish/fishery species in
fish landing, or
market places
Auxiliary invoice, if any
Other evidence:

Possible violation: Ban on whale
Recommended evidence for Ban
Penalties:
shark and manta rays (FAO 193,
on whale shark and manta rays
S. 1998)
in relation to Marketing and
buying illegally-caught fish,
years and/or
Elements:
fishery species & other aquatic
wildlife:
1. A person/entity
Fine: P500 to P5,000
a. Takes,
b. Catches,
prove Element #1:Fish or Fishery Products
C. Illegal Fishing
Activities and Dealing To
in Illegally-Caught
c. Sells,
than P5,000
Purchases,
or
officer(s)/witness indicating
1. Capture ofd.breeders,
spawners,
eggs or fry
e. Exports, or
Cancellation of fishing
that the apprehended
f.
Accidentally catches
permit/license
person/suspect has taken,
a fishery species.
caught, sold, purchased, or
Confiscation of the catch
exported, or accidentally
2. The fisheries species involved
caught whale shark or manta
is whale shark or manta ray
(FAO 193, S. 1998)
ray
3. Such species
is in any state
or Corrals/Traps,
Pictures ofFish
the whale
shark
or Cages
2. Construction
and Operation
of Fish
Pens and
Fish
form, dead or alive
manta ray
deputized officer that the
species are whale shark or
manta ray, including its state
or condition when confiscated
84
Where to file:
Prosecutors Office
BFAR for the
administrative
charges
Other evidence:
3. Failure to Comply with StandardsApprehension Report with
Possible violation: Importation or Recommended evidence for
Penalties:
exportation
fish or fisheryor fishery
Importation
or exportation
of fish
4. Fishing inofoverexploited
management
areas
species (Sec. 100, RA 8550)
or fishery species in relation to
Marketing and buying illegallyElements:
caught fish, fishery species &
other aquatic wildlife:
a. Importation
Destruction of live fishery
b. Exportation
species or
2. Of fish or fishery species
3.
Such importation
or
Forfeiture of non-live
fishery
5. Fishing
without license
or necessary permits
requirements
officer(s)or
indicating
exportation violates RA 8550
species in favor of the
o
The identity and
department for its proper
personal
disposition:
apprehended person
o
The circumstances of Ban from being members or
stockholders of companies
the act such as
fishers inand/or
municipal currently
waters engaged in fisheries
possession
or companies to be created in
control for purposes
the future, the guidelines for
of exportation or
which shall be promulgated by
importation
7. Marketing and buying illegally-caught fish & fishery
species
the DA.
o
Taking of specimen
and issuance of
(Section 100)
certificate of fish
and/or fishery
sample taken
Certification from BFAR of
non-issuance of export or
import permit in favor of the
accused
85
Where to file:
Prosecutors Office

Possible violation: Wildlife

trading (Sec. 27(e), RA 9147)

Penalties:
Wildlife trading in relation to
Marketing and buying illegallySpecies listed as critical
Elements:
caught
fish,
fishery
species
&
1. There is trading of wildlife, other aquatic wildlife:
their derivatives or by-products
Fine: P5,000 to 300,000
2. The trade occurred locally or To prove Elements #1 & 2:
internationally
Document (i.e. invoice, receipt, Endangered species
3. There is no permit for the trade
etc.) showing that there was Imprisonment: 1 year and 1
of wildlife, their derivatives or
of
wildlife,
their day to 2 years and/or
trading
by-products
derivatives or by-products Fine: P2,000 to 200,000
either locally or Fish
internationally
or Fishery Products
Note: Trade means the act of Photo or video showing the Vulnerable species
engagingof breeders,
in
thespawners,
exchange,
wildlife, derivatives or by- Imprisonment: 6 months and 1
1. Capture
eggs or fry
exportation
or
importation,
day to 1 year and/or
products involved in the trade
purchase or sale of wildlife, their Testimony of witness as to the Fine: P1,000 to 100,000
derivatives or by-products, locally
trading of wildlife, derivatives
Other threatened species
or internationally. (Sec. 4(t), RA
or by-products
9147)
Apprehension
report
with Imprisonment: 1 month and 1
day to 6 months and/or
Fine: P500 to 50,000
Certification
as Pens
to theand
category
Fish
Fish Cages
of wildlife species
Specimen of the wildlife Other wildlife species
Imprisonment: 10 days to 1
species, etc. (if available)
month and/or
Fine: P200 to 20,000
Certification by PAWB or
BFAR that there was no permit Forfeiture of all wildlife, its
for the exchange of wildlife, derivatives or by-products, and
their derivatives of by-products all paraphernalia, tools and
86
Where to file:
Prosecutors Office
conveyances used in
connection with violations of
the act.
Deportation, without any

further proceedings, after
service of sentence and
payment of fines if offender is
an alien.
every three years
(Section 28)
Possible violation: Possession of Recommended Evidence for
Penalties:
wildlife, their by-products or
Possession of wildlife, their byderivatives (Sec. 27 (f), RA 9147)
products or derivatives in
Species listed as critical
relation to Marketing and buying
Elements:
illegally-caught fish, fishery
day to 4 years and
1. There is possession of wildlife, species & other aquatic wildlife:
Fine: P30,000 to 300,000
6. Intrusion
of licensed
their by-products
or derivatives
Endangered species
2. There is no permit for the
To prove element #1
Imprisonment: 1 year and 1
possession of wildlife, their byPhoto or video or wildlife, byday to 2 years and
products or
derivatives
or derivatives
7. Marketing
and
buying illegally-caught products
fish & fishery
species
Fine: P20,000 to 200,000
possession of wildlife, byVulnerable species
products or derivatives
day to 1 year and
Fine: P10,000 to 100,000
BFAR, whichever is
appropriate as to the category
of the wildlife species, their by- Imprisonment: 1 month and 1
87
Where to file:
Prosecutors Office
products or derivatives
Specimen of the wildlife
species, their by-products or
derivatives (if available)

BFAR that no permit was
issued for the collection of
wildlife, their by-products or
derivatives
day to 6 months and

Fine: P5,000 to 50,000
Other wildlife species
month and
Fine: P1,000 to 5,000
Note: if act is committed
through inappropriate
techniques and devices,
maximum penalty will apply
Forfeiture of all wildlife, its

derivatives or by-products, and
all paraphernalia, tools and
conveyances used in
the act.
an alien.
every three years
(Section 28)
88
8. Use of dynamite, cyanide, fine mesh net and other forms of destructive fishing
Possible violation: Illegal possession of Recommended evidence for
Penalties:
3. Failure tonoxious
Comply or
with
Standards
explosives,
poisonous
Illegal possession of
substances or electrofishing devices
Possession:
for illegal fishing (Sec. 88, par 2, RA
poisonous substances or
Imprisonment: 6 months to
8550)
electrofishing devices for
2 years
illegal fishing in relation to Use
Elements:
of dynamite,
(Section 88 (2))
areascyanide, fine
mesh net and other forms of
1. A person/entity is in possession of
destructive fishing:
explosives, noxious substances,
and/or electrofishing devices
2. Said explosives, noxious substances,
substances and/or
and/or electrofishing device are
Affidavit by the apprehending electrical devices, as well
intended to be used for illegal fishing
as the fishing vessels,
officers indicating the
fishing equipment and
possession of explosives,
Note:
See also
RA 8294
amending
RA
catch requirements
substances,with
or documentary
5. Fishing
without
license
or necessary
permitsnoxious
or not complying
1866 or the Codifying The Laws On
electrofishing devices
Illegal/Unlawful Possession, Manufacture,
(Section 88 (5))
Dealing In, Acquisition Or Disposition Of
Firearms, Ammunition Or Explosives Or
Samples of explosives,
Instruments Used In The Manufacture Of
blasting caps, noxious or
Firearms, Ammunition Or Explosives, And
poisonous substances, or
6. Intrusion
of licensed
commercial
fishers in
municipal
Imposing
Stiffer
Penaltiesand
For unlicensed
Certain
electrofishing
devices,
if waters
Violations Thereof, And For Relevant
recovered
Purposes."
Certification by the PNP-FED
or SOCO that such items
were explosives or by the
BFAR that such items were
substances
Affidavit by witness
indicating circumstantial
evidence showing fact that
89
Where to file:
Prosecutors
Office
explosives will be used for

fishing such as:
o
User is a fisherfolk
or fishworker
o
Devices are found
inside a fishing
vessel
o
Fisherfolk /
fishworker
apprehended
during a fishing
activity
Possible violation: Actual use of

Penalties:
explosives, noxious or poisonous
Actual use of explosives,
substances or electrofishing devices
Imprisonment: 5 to 10
for illegal
fishing
(Sec. 88,
pars
1 & 3,in Illegally-Caught
substances or
electrofishing
years without prejudice to
C. Illegal
Fishing
Activities
and
Dealing
Fish
or Fishery Products
RA 8550)
devices for illegal fishing in
the filing of separate
criminal cases when the
1. Capture of breeders, spawners, eggs or fry relation to Use of dynamite,
Elements:
cyanide, fine mesh net and
use of the same result to
other forms of destructive
1. A person/entity catches, takes or
physical injury or loss of
gathers or causes to be caught, taken fishing:
human life.
or gathered, fish or any fishery
species from Philippine waters
(Section 88 (3))
2. Above activities are done with the
Affidavit by the apprehending
use of electricity,
explosives,
noxious
officers
use
of
2. Construction
and Operation
of Fish
Corrals/Traps,
Fish indicating
Pens andthe
Fish
Cages
or poisonous substance
3. Fish or fishery species is killed,
substances and/or
poisonous substances or
stupefied, disabled or rendered
electrical devices, as well
electricity in fishing
unconscious
as the fishing vessels,
inventory and seizure receipt fishing equipment and
catch
Receipt of fish samples
taken for examination issued
(Section 88 (5))
by the apprehending officers
Results of fish examination
-
90
Where to file:
Prosecutors
Office
by duly authorized fish

examiner
Samples of explosives,
blasting caps, noxious or
poisonous substances, or
electrofishing devices, if
recovered
Certification
areas by the PNP-FED
or SOCO that such items
were explosives, or by the
SOCO/BFAR that such items
were noxious or poisonous
substances or by the BFAR
that such device is an
electrofishing device
Possible violation: Use of fine mesh net Recommended evidence for
Penalties:
(Sec. 89, RA 8550)
Use of fine mesh net in
relation to Use of dynamite,
Fine: P2,000.00 to
Elements:
P20,000.00 or
1. A person/entity is in the act of fishing
fishing:
using net
6. Intrusion
of size
licensed
unlicensed
2.
The mesh
of theand
fishing
net used commercial fishers in municipal waters
2 years or
is smaller than that fixed by the
Department of Agriculture (smaller
Both such fine and
than 3 cm,
FAO
155, S.
1986)
imprisonment at the
indicating
7. Marketing
and
buying
illegally-caught
fish & officer(s)
fishery species
discretion of the court:
o
The act or actual fishing
Note: Purse seines (pangulong), ring nets
activity
(kubkob, pangulong, kalansisi) and
Administrative fine and/or
o
The type or types of fish
bagnets (basing, saklit) are allowed up to
cancellation of permit or
species caught
1.9 cm mesh size under FAO 155-1, S.
license or both.
1994. However, since these are also
active gear they cannot be used inside the
(Section 89)
municipal waters.
91
Where to file:
Prosecutors
Office
BFAR for the
administrative
charges

Certification as to mesh size
by the apprehending officers
or by other competent
authority
Possible violation: Use of active gear in
Penalties:
municipal waters and bays and other
Use of active gear in municipal
fisheryto
management
(Sec.
90, RA
waters and bays and other
For the boat captain and
B. Failure
Comply withareas
Report
Requirements
8550)
fishery management areas in
master fisherman:
Elements:
1. A person/entity is fishing inside the
(Section 90 (1))
fishing:
municipal waters and bays and other
fishery management areas
For the vessel
2. He uses active gear in fishing
owner/operator:
Affidavit Fish
of apprehending
Fine: P2,000.00 to
or Fishery Products
Note: Active fishing gear is characterized
20,000.00 upon the
o The position/location
by gear of
movement,
pursuiteggs
of theor fry
discretion of the court.
1. Capture
breeders,and/or
spawners,
target species by towing, lifting and
o The act or actual
pushing the gears, surrounding, covering,
fishing activity
dredging, pumping and scaring the target
corporation, the penalty
species to impoundments (FAO 201, S.
shall be imposed on the
2000).
chief executive officer of
the Corporation.
inventory
and and
seizure
receipt
Fish Pens
Fish
Cages
partnership the penalty
Certification of gear as active shall be imposed on the
gear by BFAR/LGU
managing partner.
Apprehension report and
seizure receipt of confiscated (Section 90(2))
gear
Picture of gear used
Confiscation and forfeiture
of catch
92
Where to file:
Prosecutors
Office
(Section 90)
Penalties:
Ban on Muro-Ami, Other
Methods and Gear Destructive
For the operator, boat
to Coral Reefs and Other
captain, master fisherman,
Marine Habitat in relation to
and recruiter or organizer of
Elements:
Use of dynamite,
cyanide, fine
fishworkers:
areas
mesh net and other forms of
1. A person/entity is engaged in actual
destructive fishing:
fishing activity
2. The fishing activity is done with gear
years and
method that destroys
a. Coral reefs
Fine: P100,000.00 to
b. Seagrass beds
P500,000.00 or
c. Other fishery marine
o
The identity of the
Both, atrequirements
the discretion of
fishing vessel
5. Fishing withouthabitat
license or necessary permits or not complying
with documentary
3. These methods or types of fishing
the court.
o
The act or actual
gears are determined by the
fishing activity
Department as destructive to coral
reefs, seagrass beds, other fishery
gear used
marine habitat
inventory and seizure receipt (Section 92, par. 2)
6. Intrusion
of licensed
and
Note:
Muro-ami
and any of
its unlicensed
variations commercial fishers in municipal waters
and such similar gear methods that require To prove Element #2 & 3:
diving, other physical and mechanical acts Affidavit of the apprehending
to
the coral
andillegally-caught
other habitat to fish & officers
7. pound
Marketing
and reef
buying
fishery showing:
species
entrap, gather or catch fish or other fishery
o
The type of the
species are also prohibited (Sec. 92(1),
fishing gear
RA 8550)
o
Said type of fishing
gear is included in
Note: See FAO 203, S. 2000 for details on
the list of fishing
Banning fishing by means of muro-ami and
gears banned
the like destructive to coral reefs, and FAO
and/or regulated by
222, S. 2003 for Regulations on operation
relevant Fisheries
of Danish Seine or Hulbot-hulbot
Administrative
3. Failureviolation:
to ComplyBan
withon
Standards
Possible
Muro-Ami,
Other Methods and Gear Destructive to
Coral Reefs and Other Marine Habitat
(Sec. 92, par. 1, RA 8550)
93
Where to file:
Prosecutors
Office
Orders (e.g. FAO

222, S. 2003)
Receipt of confiscated
fishing gears and/or
impounded boat
Inventory of confiscated
items and fishing
paraphernalia

Possible violation: Illegal use of
superlights (Sec. 93, RA 8550)

Penalties:
Illegal use of superlights in
Elements:
2 years or
1. Any person/entity is engaged in
fishing:
fishing activity
Fine: P5,000.00 per
2. Such
fishing
activity is
undertaken
superlight, or
C. Illegal
Fishing
Activities
and
with the use of superlight
3. Such
vessel
is inside eggs
the or fry Both, at the discretion of
1. Capture
of fishing
breeders,
spawners,
municipal waters, or
the courts.
4. Outside the municipal waters but
o
The identity and
violates rules and regulations of the
Confiscation of the
personal
Department on superlight use
superlight, fishing gears
circumstances of
and vessel.
the apprehended
Note: Superlight, also called magic
person
light, is a typeand
of strong
light using
o Pens
The and
position
2. Construction
Operation
of Fish Corrals/Traps, Fish
FishorCages (Section 93, par. 2)
halogen or metal halide either submerged
location of the
or located above the sea surface,
fishing
consisting of a ballast, regulator, electric
vessel/facility
cable and socket, the power of which
o
Circumstances
comes from a generator, battery, dynamo
indicating actual
or the main engine of the boat. (FAO 204,
use
Sec. 1)
Certification of bulbs as
superlights
Note: It shall be unlawful to operate
94
Where to file:
Prosecutors
Office
municipal and commercial fishing boats

using superlights while fishing/operating in
3. Failurewaters,
to Comply
Standards
municipal
or forwith
commercial
fishing
boats to fish/operate beyond municipal
waters using the same in excess of the
herein prescribed wattage:
(a) Small-scale commercial fishingboats
(3.1
to 20 GT)
20 KW per vessel,
4. Fishing
in overexploited
(b) Medium-scale commercial fishing boats
(20.1 to 150 GT) 36 KW per vessel
(c) Large-scale commercial fishing boats
(more than 150 GT) 40 KW per vessel
(FAO 204, Sec. 2)
Possible
Aquaticor
pollution
- permits
Recommended
evidence
fordocumentary
Penalties:
5. Fishingviolation:
without license
necessary
or not complying
with
requirements
Introduction of substances or energy
Aquatic pollution - Introduction
with deleterious effects (Secs. 102 &
of substances or energy with
Imprisonment: 6 years and
4(4), RA 8550)
deleterious effects in relation
1 day to 12 years and/or
to Use of dynamite, cyanide,
Elements:
fine mesh net and other forms
of destructive fishing:
additional fine of P8,000.00
6. Intrusion
ofmachine,
licensed directly
and unlicensed
1.
Human or
or
per day until such violation
indirectly, introduces substances or
ceases and the fines paid.
Affidavit of witness as to act
energy to aquatic environment
introduction
by human or
2.
Introduction
to,illegally-caught
or is likely to
(Section 102)
7. Marketing
andresults
buying
fish & of
fishery
species
machine of substance or
result to, deleterious effects as to
energy to aquatic
harm living and non-living aquatic
environment
resources, pose potential and/or real
Report on the act in a place
hazard to human health, hindrance to
the aquatic activities such as fishing
act
and navigation
Sample of substance
introduced to aquatic
environment
95
Where to file:
Prosecutors
Office
- Apprehension
Apprehension
report
report
withwith
inventory
inventory
and and
seizure
seizure
receipt
receipt
To prove
To prove
Element
Element
#2: #2:
- - Results/certification
Results/certification
of of
laboratory
laboratory
examination
examination
of of
substance
substance
or energy
or energy
- - Certification
Certification
that that
the the
substance
substance
or energy
or energy
resulted
resulted
to, or
to,isorlikely
is likely
to result
to result
to, to,
deleterious
deleterious
effects
effects
as toas to
harm
harm
living
living
and and
non-living
non-living
aquatic
aquatic
resources
resources
- - Affidavit
Affidavit
of expert
of expert
witness
witness
that that
the substance
the substance
or energy
or energy
resulted
resulted
to, or
to,isorlikely
is likely
to to
result
result
to,Fish
deleterious
to, deleterious
effects
effects
or Fishery
Products
as toasharm
to harm
living
living
and and
non-nonliving
living
aquatic
aquatic
resources
resources
D. Mangrove
D. Mangrove
Destruction
Destruction
Possible
Possible
violation:
violation:
Conversion
Conversion Recommended
Recommended
evidence
evidence
for for
Penalties:
Penalties:
Where
Where
to file:
to file:
of mangroves
of mangroves
(Sec.
(Sec.
94, RA
94, 8550)
RA 8550)Conversion
Conversion
of mangroves
of mangroves
in in
relation
relation
to Mangrove
to Mangrove
destruction:
destruction:Imprisonment:
Prosecutors
Office
Office
Imprisonment:
6 years
6 years
and and
1 1 Prosecutors
Elements:
Elements:
day day
to 12toyears
12 years
and/or
and/or
2.
Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
1. 1.A mangrove
A mangrove
areaarea
is converted
is convertedTo prove
To prove
Elements
Elements
#1-2:
#1-2:
2. 2.Such
Such
conversion
conversion
is for
is for
- - Affidavit
Affidavit
showing
showing
conversion
conversion
of ofFine:Fine:
P80,000.00
P80,000.00
a. a.Fishpond
Fishpond
and/or
and/or
mangrove
mangrove
areaarea
for fishpond
for fishpond
or or
b. b.For For
any any
other
other
for any
for any
other
other
purposes
purposes
Restoration
Restoration
or compensation
or compensation
purposes
purposes
- - Apprehension
Apprehension
report
report
withwith
for the
for restoration
the restoration
of the
of the
inventory
inventory
and and
seizure
seizure
receipt
receipt damage,
damage,
if needed.
if needed.
of cut
of mangrove
cut mangrove
species
species
- - Samples
Samples
of mangroves
of mangroves
cut cut
(Section
(Section
94) 94)
- - Pictures
Pictures
of the
of converted
the converted
areaarea
Identification
scaling
sheet
- - Identification
and and
scaling
sheet
96
Possible violation: Destroying

3. Failure
to Comply
Standards
wildlife
species
(Sec.with
27 (a),
RA
Destroying wildlife species in
9147)
relation to Mangrove destruction:
Penalties:
Where to file:

Fine: P100,000 to P1 million
Prosecutors Office
Elements:
1. The wildlife species is
Affidavit showing the
destroyed
by the violatoror fishery management
destruction of
the wildlife
4. Fishing
in overexploited
areas
Endangered species
species
Note: There is no violation if the
Certification or issuance as to
destruction falls under any of the
category of wildlife species
Fine: P50,000 to P500,000
following:
Photo or video of destroyed
a. when it is done as
wildlife species
Vulnerable species
part of the religious
Specimen of wildlife species
rituals of
that was destroyed (if
day to 4 yearsrequirements
and/or
established
tribal
5. Fishing without
license
or necessary available)
permits or not complying with documentary
Fine: P30,000 to P300,000
groups or
indigenous cultural
Threatened species
communities;
b. when the wildlife is
afflicted with an
Fine:P20,000 to P200,000
incurable
6. Intrusion ofcommunicable
licensed and unlicensed commercial fishers in municipal waters
disease;
c. when it is deemed
day to 1 year and/or
necessary
put an
7. Marketing and
buyingtoillegally-caught
Fine: P10,000 to P100,000
end to the misery
suffered by the
wildlife;
derivatives or by-products,
d. when it is done to
and all paraphernalia, tools
prevent an imminent
and conveyances used in
danger to the life or
limb of a human
the act.
being; and
e. (v) when the wildlife
97
is killed or
destroyed after it
has been used in
authorized research
or experiments.

an alien.
every three years
(Section 28)
Penalties:
to Flow and Ebb of Tide in any
Obstruction to Flow and Ebb of
Stream, River, Lake or Bay (Sec. Tide in any Stream, River, Lake
Fine: P2,000.00 to P10,000.00
103 (d), RA 8550)
or Bay in relation to Mangrove
or
C. Illegal Fishing Activities and Dealingdestruction:
Elements:
Imprisonment:1month and
1. Anyofperson/entity
puts a
1. Capture
breeders, spawners,
eggsTo
orprove
fry Elements #1-2:
structure in stream, river, lake Affidavit showing construction
or bay
of structures around
Both, upon the discretion of
2. Such structure obstructs flow
mangroves preventing the
the court
and ebb of tide in said bodies
natural flow and ebb of tide in
of water.
a stream, river, lake or bay; or
than P10,000.00 or
investigating
indicating the above
license, or
information
Picture or sketch of the area
fenced and structure built
Secretary
Certification by the Municipal
Impoundment by the
Agriculture Officer that the
Department with the
structure obstructs the flow
and ebb of tides
98
Where to file:
Prosecutors Office
BFAR for the
administrative
charges

Command
(Section 103)
Possible violation: Destroying

of active nests, nest trees, host
Destroying of active nests, nest
plants
andin
the
like (Sec. 27 or
(g),fishery
trees,
host plants
and the like in
4. Fishing
overexploited
management
areas
RA 9147)
Elements:
1. Active nests, nest trees, host
plants and the like are
destroyed
Penalties:
Where to file:

day to 4 years and
Fine: P30,000 to 300,000
Prosecutors Office
To prove element #1
Photo or video of the
Endangered species
destroyed mangroves with
active nests, mangrove nest
day to 2 years and
trees or mangrove host plants
Fine: P20,000requirements
to 200,000
Active
nest without
refers tolicense
a nest that
is
Report
ofwith documentary
5. Fishing
or necessary
permitsonorthe
notdestruction
complying
attended, built or maintained or
the said mangroves
Vulnerable species
used during a given breeding
season, whether or not eggs are
destruction of the said
day to 1 year and
laid
mangroves
Fine: P10,000 to 100,000
Source:
6. Intrusion of licensed and unlicensed commercial fishers in municipal Other
waters
threatened species
http://www.fws.gov/midwest/Midwe
stBird/EaglePermits/definitions.ht
ml
day to 6 months and
Fine: P5,000 to 50,000

9275)
Recommended evidence
Undertake activities in violation
of the EIA Law or PD 1586 in
99

month and
Fine: P1,000 to 5,000
Penalties:
Where to file:
Secretary, upon PAB
EMB Regional
Director or Pollution
recommendation:
To prove Elements #1:
Fine: P10,000.00 to
violator is undertaking activities P200,000.00 for every day of
1. Violator undertakes activities
or development and expansion violation, to be increased 10%
or development and
of projects in mangrove areas
every 2 years
expansion of project,
Report on the abovementioned
2. Acts violate the
activities
Environmental Impact
Affidavit
of
witness
on
the
Statement
System
Law
(Presidential Decree
the offender
No.1586) and its
until compliance (order may
implementing rules and
be issued ex parte pending
regulations.
case)
lack of ECC; or
Copy of the ECC and specific
(Section 28)
conditions violated
1586, Fishing
see complete
list inand
Annex
C. Illegal
Activities
Testimony of witness as to the
4.
ECC conditions
Penalties:
pollution - Deforestation
Aquatic pollution - Deforestation
causing similar hazards and
deleterious effects (Secs. 102 &
deleterious effects in relation to
4(4), RA 8550)
Mangrove destruction:
Elements:
1.
Deforestation activities are
deforestation activities were
undertaken in the area
undertaken within the
2. Deforestation activities cause
mangrove area
hazards and deleterious
Report on the deforestation
(Section 102)
effects as to harm living and
activities
non-living aquatic resources,
pose potential and/or real
deforestation activities in the
Elements:
100
Adjudication Board
(PAB)
Where to file:
Prosecutors Office
hazard to human health,

mangrove area by the offender
hindrance to the aquatic
3. Failure
to Comply
Standards
activities
such as with
fishing
and
navigation
the deforestation resulted or is
Note:
likely to result in such
Deforestation The cutting down
and
removal
all or most of the
living and non-living
4. Fishing
inofoverexploited
areas aquatic
trees in a forested area.
resources in mangrove areas,
Deforestation can erode soils,
contribute to desertification and
the pollution of waterways, and
decrease biodiversity through the
activities such as fishing in
destruction of habitat. (The
mangrove areas
American Heritage Science
Dictionary,
Houghton
Mifflin or necessary hazard
deleterious
effects
5. Fishing without
license
permitsand
or not
complying
Company, 2005)
of the deforestation activities in
the mangrove area
Penalties:
pollution - Unsound agricultural
Aquatic pollution - Unsound
6. Intrusionwetland
of licensed
and unlicensed
commercial
fisherswetland
in municipal Imprisonment:
waters
practices:
conversion
agricultural
practices:
6 years and 1
conversion causing similar
hazards and deleterious effects
4(4),
RA 8550)and buying illegally-caught
in relation
Mangrove
7. Marketing
fish &tofishery
species
destruction:
Elements:
1. Conduct of unsound
agricultural practices, such
wetland conversion was
(Section 102)
as: Wetland conversion
undertaken in the mangrove
2. Unsound agricultural
area
practices cause hazards and
Investigation/Apprehension
Report on the wetland
101
Where to file:
Prosecutors Office

fishing and navigation
conversion, or affidavit of
witness on the wetland
conversion in the mangrove
area

Certification by BFAR that the
wetland conversion resulted or
is likely to result in such
resources in mangrove areas,
activities in mangrove areas
such as fishing Fish or Fishery Products
Affidavit of expert witness as to
the
1. Capture of breeders, spawners, eggs or fry hazard and deleterious
effects of the unsound
agricultural practices
Penalties:
Undertaking project without ECC
1586)
in relation to Mangrove
Fine: not to exceed P50,000
destruction: Fish Pens and Fish Cages
for every violation
Elements:
To prove Elements #1 and 2:
1. The project is a declared ECP Certification from the EMB that
or in a declared ECA
the project is an ECP or is
located in a mangrove area
operating the declared ECP
which is an ECA
or project in an ECA by a
corporation
102
Where to file:
Regional EMB
Director
3.
The project has no ECC
activities or operating project

that is a declared ECP or is
3. Failure
toECPs
Comply
Standards
located in a mangrove area
For
a list of
andwith
ECAs,
see
which is an ECA
Annex 4.
abovementioned
areasactivities
To prove Element #3
lack of ECC
Penalties:
Violation of EMB Rules on EIA in
1586)
relation
to Mangrove
destruction:
permits
or not complying
Elements:
the ECC
To prove Elements #1-2
violation of the EMB standards, Fine: not to exceed P50,000
rules and regulations for
for every violation
mangrove projects or projects
6. Intrusion
fishers
in municipal waters
2.
Violationofoflicensed
the standards,
within mangrove
areas
violation
Photo
video showing
fish &orfishery
speciesthe
act, if applicable
Where to file:
Possible violation: Cutting,

Gathering and/or Collecting
Timber, or Other Forest
Products Without License (Sec.
77, PD 705 in relation to Sec.
11.1 of DENR DAO 80, Series of
1987)
Penalties:
Where to file:

products: P5.00 or lower
Prosecutors Office

Cutting, Gathering and/or
Collecting Timber, or Other
Forest Products Without License
in relation to Mangrove
destruction:
103
EMB Regional Office
Elements:
1. The offender cuts, gathers
and/or collects timber
2. The cutting, gathering and/or
collection of timber is done
without license
Pieces of mangroves cut,
gathered and/or collected or
photographs
Affidavit of a witness attesting
to the cutting or gathering

toP50.00
day to 12 years

Unauthorized possession of
timber or other forest products in

months and 21 days to 20
years (additional 1 year for

products: more than P50.00 to
Notes:
DAO
80,
series
of
1987
P200.00
Certification
of
concerned
classifies mangrove, irrespective
agencies attesting that no such Imprisonment: 8 years and 1
of size, as timber.
day to 12 years
license was issued to the
offender
Moreover, PD 705 as amended by
Sec. 4 of RA 7161 prohibits the
cutting of all species of
to P6,000
mangroves. DOJ Opinion No. 23,
SeriesFishing
of 1994Activities
supports the
day to 12 years
C. Illegal
and Dealing in Illegally-Caught Fish or Fishery Products
interpretation favoring ban on
mangrove
cutting. spawners, eggs or fry
1. Capture
of breeders,
products: more than P6,000 to
Timber shall mean a piece of
P12,000
wood having an average diameter
of at least 15 cm and a length of at
day to 12 years
least 1.5 m., except all mangrove
species which in all cases, shall be
considered asand
timber
regardless
of Corrals/Traps, Fish Pens and Fish Cages
2. Construction
Operation
of Fish
size (Sec. 1.11, DAO 80, S. 1987)
to P22,000
Possible violation:
Unauthorized possession of
timber or other forest products
(Sec. 77, PD 705)
104
Where to file:
Prosecutors Office
Elements:
1. The offender is in possession
3. Failure
to Comply
of timber
or other with
forestStandardsPictures showing that the
product
offender is in actual
2. He has no legal documents
possession of cut mangrove
required by law and
species
regulations for such
Apprehension/investigation
possession
report or affidavit
4. Fishing
in overexploited or fishery management
areasof witness
showing the above
every P10,000 in excess of

the P22,000), however, not to
exceed 20 years
Deportation without further
proceedings if persons liable
are aliens.
Confiscation in favor of the

government of the timber or
any forest products cut,
gathered, collected, removed,
Certification of DENR that
or possessed, as well as the
there is no permit to possess
machinery, equipment,
mangrove species
implements and tools illegally
used in the area
where the
that
license with documentary
5. Fishing without license or necessary officer
permits
orno
notsuch
complying
requirements
timber or forest products are
was produced by the offender
found.
when asked
(Sec. 77, PD 705 imposing
penalties prescribed in Art.
310 (qualified theft) in relation
6. Intrusion of licensed and unlicensed commercial fishers in municipal to
waters
Article 309 (penalty for
theft) of the Revised Penal
Code)

Unlawful occupation or
forest lands (Sec. 78, PD 705)
destruction of forest lands in
possesses
1. The offender enters,
occupies, possesses any
Affidavit of witnesses attesting
that the offender is occupying
the mangrove area;
105
Penalties:
Where to file:
Fine: P500.00 to P20,000.00

and
Prosecutors Office
and
2.
forest land
The offender has no authority
possess such forest land
Affidavit of apprehending party
that no copy of such authority,
license, permit to occupy
mangrove area was produced
when demanded;

-

appropriate DENR Office that
no such authority exists

license or permit
offenders
(Section 78)

(Sec. 78, PD 705)

lands in relation to Mangrove
destruction:
Penalties:
Where to file:
Fine: P500.00 to P20,000.00

and
Prosecutors Office
Elements: Inand
anyOperation
manner of Fish Corrals/Traps,
To prove element
# 1:
2. Construction
Fish
Pens and Fish Cages
destroys such forest land or
Picture of the destroyed
part thereof
and
mangrove area or part thereof
Affidavit of witness or ocular
inspection report by authorized Payment:10 times the rental
representative of DENR
showing the above
106
no authority to destroy
mangrove was issued.
license or permit

offenders
(Sec. 78, PD 705)
destruction:
(Section 78)
To proved element # 1:
- Pictures of damaged mangrove
stand and other mangrove
found therein
products
1. The offender causes damage - Site inspection report, or
to the timber standing and
affidavit of witnesses
other products and forest
growthwithout
found inlicense
the forest
5. Fishing
or necessary permits or not complying with documentary requirements

Assisting, aiding or abetting any
6. Intrusion
licensed
unlicensed
fishers in
municipal waters
forest
lands of
and
grazingand
lands
othercommercial
person to destroy
forest
(Sec. 78, PD 705)
destruction:
Elements:
Assists,
aids or
abets
7. Marketing
and buying
illegally-caught
To prove element # 1 & 2:
1. The offender assisted, aided
- Pictures of damaged mangrove
or abetted a person
stand and other mangrove
products
- Site inspection report or affidavit
of witnesses attesting to the
damage to the mangrove stand,
or other mangrove products
- Affidavit showing that the
107
Where to file:
Prosecutors Office
Where to file:
Prosecutors Office
offender assisted, aided or

abetted a person to destroy the
mangrove stand
(Sec. 78, PD 705)

Refusal to vacate the area when
ordered to do so in relation to
Where to file:
Prosecutors Office

Elements: Refuses to vacate the To prove element # 1:
Picture of the mangrove area
occupied
area which is part of a forest
competent authority to vacate To prove element # 2:
the area
Copy of the order of DENR, or
3. That
the offender
refused
to
BFAR in the case
of FLAs
C. Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fish
or Fishery Products
despite
the orderspawners, eggsTo
1. Capture
of breeders,
orprove
fry element # 3:
Affidavit of witness or
investigation report showing
refusal to vacate
2. Construction
and Operation
Pens and
Possible violation:
Illegal of Fish Corrals/Traps,
RecommendedFish
evidence
for Fish Cages
Penalties:
occupation of National Parks
Illegal occupation of National
System and recreation areas
Parks System and recreation
Fine: P500 to P20,000,
and vandalism therein (Sec. 80,
areas and vandalism therein in
exclusive of the value of the
PD 705)
relation to Mangrove destruction: thing damaged; and
Elements:
1. The offender in any manner
cut, destroy, damage or
remove timber or any species
- Pieces of cut, destroyed,
damaged or removed mangrove
found in a National Park
108
Eviction of the offender from

the land and
Forfeiture in favor of the
Where to file:
Prosecutors Office
of vegetation or forest cover

- Site inspection report or affidavit
and other natural resources
of witnesses
3. Failure
withPark
Standards
found to
in Comply
the National
system, or
To prove element # 2;
2. Such acts as above
- Affidavit of apprehending officer
mentioned is without any
that no such permit was shown
permit
when demanded;
- Certification
from
the DENR that
management
areas
no such permit was issued
government of all timber or

any species or vegetation and
other natural resources
collected or removed, and any
construction or improvement
Possible violation:
Penalties:
Unauthorized obstruction of river
or waterway in relation to
of riverbank (Sec. 91 (B)(3), PD
1067)
permits
or not
requirements
years
To prove
Element
# 1:
Elements: Unauthorized
- Picture of dikes around the
Fine exceeding three
mangrove area in a river or
thousand but not more than
waterway;
1. There is obstruction of a river
six thousand
- Ocular inspection or
or waterway;
investigation report
2. The obstruction is
- Affidavit indicating the
6. Intrusion
of licensed and unlicensedconstruction
commercialoffishers
waters
unauthorized
dikes inina municipal court
mangrove area in a river or
waterway
court
To prove Element # 2:
such obstruction is not
permitted
Possible violation:
of riverbank (Sec. 91 (B)(3), PD

Occupancy of riverbank in
109
Where to file:
Prosecutors Office
1067)
1.
- Testimony of witnesses indicating
occupancy of a mangrove area
along a riverbank
- Picture of area occupied
- Ocular inspection or investigation
report
Possible violation: Logging in

critical habitats (Sec. 27(c)(v),
RA 9147)

Logging in critical habitats in
Penalties:
Possible violation:
Penalties:
Elements: Occupancy of
riverbank
There is occupancy of a
2.
The
is without
B. Failure
to occupancy
Comply with
Report Requirements
permission.
- Certification from DENR that such
occupancy is not permitted
Imprisonment: 1 month to
eight years and/or
Elements:
Element #1 Fish or Fishery Products
C. Illegal
Fishing Activities and DealingTo
in prove
Illegally-Caught
1. Logging activity is undertaken Photo or video showing that
Fine: P5,000 to 5 million
in an
by thespawners,
violator
logging activities were
pesos
1. Capture
of area
breeders,
eggs or fry
2. The activity is done in a
undertaken in mangrove area
logging activities in mangrove
accordance with Section 25
area by the offender
of RA 9147.
Note: Loggingand
is not
defined in
2. Construction
Operation
ofthe
Revised Forestry Code (PD 705).
To prove Element #2
Other sources define logging as
PAWB certification or issuance
the work of cutting down trees for
that the mangrove area is
timber
designated as a critical habitat
(www.thefreedictionary.com/loggin
g) or the work of felling, trimming
and transporting timber.
110
Where to file:
Prosecutors Office
Where to file:

declaration (Sec. 85, PD 705)
3. Failure to Comply with StandardsMangrove destruction:
Elements:
holding elective or appointive
employee;
office
declaration
to a real property
the offenderareas
is a public officer
4. Fishing
in overexploited
or employee;
declaration without
Director of Lands (now DENR Certified True Copy of the tax
based on EO No. 192) that
the area declared for taxation
is alienable
andlicense
disposable
affixed toor
it;not complying with documentary requirements
5. Fishing
without
land
no such A & D certification
was issued; or
Certification that the mangrove
fishers
in municipal
waters
area is a forest
land and
not
classified as A & D;
To prove
# 4:
fishelement
& fishery
species
issued for the mangrove area;
and
LGU that the subject property
is not occupied or possessed
1955.
111
Prosecutors Office

1. Illegal upland mining
Possible violation: Theft of
Minerals (Section 103, RA 7942)

Theft of Minerals in relation to
Illegal upland mining:
Penalties:
Imprisonment: six (6) months

Elements:
to six (6) years or
Fine: Ten thousand pesos
To prove Element #1
1. There is extraction and disposal
Report on the extraction and (P10,000.00) to Twenty
of minerals
disposition of minerals
thousand pesos (P20,000.00),
2. Such extraction and disposal
or both, at the discretion of the
was without a mining
extraction and disposition of
appropriate court.
agreement, lease, permit,
minerals
license
Photo or video of
In addition, he shall be liable
minerals/mineral products,
to pay damages and
C. Illegal
Fishing Activities and Dealing in Illegally-Caught
Notes:
including the tools,
compensation for the
Illegally-sourced minerals/mineral
equipment and conveyance
minerals removed, extracted,
1. Capture
ofare
breeders,
spawners,
eggs or fry used in the commission of
products
those which
are mined,
and disposed of.
extracted, removed and/or disposed
the offense
of without authority or permit under
Sample of minerals
In the case of associations,
existing mining laws, rules and
Seizure receipt
partnerships, or corporations,
regulations. (Section 116, DAO
Results/certification of kind
the president and each of the
2010-21)
and volume of mineral
directors thereof shall be
Affidavit of
responsible for the acts
2. Construction
Operation
apprehending/arresting
The transportand
of all
minerals/mineral
committed by such
officer and witnesses, if any, association, corporation, or
products and by-products, including
gold
on extraction and disposition partnership.
bullions, by Permit Holders,
of minerals
Contractors, accredited traders,
retailers, processors and other
mining rights holders must be
MGB Certification as to the
accompanied by an Ore Transport
lack of mining agreement,
Permit issued by the Regional
lease, permit, license
Director concerned or his/her duly
112
Where to file:
Prosecutors Office
authorized
representative: Provided, That the
3.
Failureoftosand
Comply
with Standards
transport
and gravel
shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
lack of Ore Transport Permit

or Delivery Receipt
The absence of any of the foregoing

documents
shall
be considered
4.
Fishing in
overexploited
prima facie evidence of illegal
mining and shall cause the
confiscation/seizure of the
minerals/mineral products and the
tools and equipment including
conveyance used in the commission
of the offense in favor of the
Government
pursuant
to P.D.
5.
Fishing without
license
orNo.
necessary permits or not complying with documentary requirements
1281, subject to further investigation.
If it is found that the minerals/mineral
products seized have been mined,
extracted or removed without any
permit or authority under existing
mining laws, rules and regulations,
6.
Intrusion
of licensed
and unlicensed
final
confiscation
can be effected
to
be followed by the filing of the
complaint for theft of minerals.

Possible violation: Violation of the Recommended Evidence for
Terms and Conditions of the ECC
Violation of the Terms and
in a mining or quarrying project
Conditions of the ECC in a
(Section 108, RA 7942)
mining or quarrying project in
relation to Illegal upland
mining:
1. Offender is a holder of an ECC
2. Offender wilfully violates or
grossly neglects to abide by the
113
Penalties:
Where to file:

to six (6) years or
Fine: Fifty thousand pesos
(P50,000.00)
to Two hundred thousand
pesos (P200,000.00)
Prosecutors Office
3.
terms and conditions of the ECC

The failure or neglect caused
environmental damage through
pollution
ECC in a mining or
quarrying project in the
uplands,
Certification by EMB that an
ECC has been issued
(optional)
or both imprisonment and fine,

at the discretion of the court

willful violation and gross
negligence to abide by the
terms and conditions of the
ECC
Report on the willful
violation and gross
terms and conditions
the Products
Fish or of
Fishery
ECC
1. Capture of breeders, spawners, eggs or- fry Affidavit of witness on the
ECC
Air, land,Fish
water
sample
Pens
and Fish Cages
samples
environmental damage
through pollution
Possible Violation: Illegal
Obstruction to Government

Illegal Obstruction to
114
Penalties:
Where to file:
Officials in mining projects

Government Officials in
mining projects in relation to
3. Failure to Comply with Standards Illegal upland mining:
Elements:
1. There is a performance by the
Report or affidavit of official
Secretary, the Director or any of
as to the prevention or
their representatives
of duties
obstruction
of the
4. Fishing
in overexploited
areas
under the provisions of the
performance of their duties
Mining Act and of the
related to upland mining
regulations promulgated
2. A person illegally prevents or
act of prevention or
obstructs such performance
obstruction
Fine not exceeding Five

thousand pesos (P5,000.00)
or by imprisonment not
exceeding one
(1) year, or both, at the
discretion of the court.
Prosecutors Office
Possible violation: Operating

Penalties:
mining project without an ECC
Operating mining project
6.
Intrusion
of licensed
unlicensed
commercial
fishers
in municipal
waters
(Sec.
179, DAO
2010-21 and
in relation
without
an ECC
in relation
to
Fine:
Maximum of Five
to Sec. 110 of RA 7942)
Elements:
To fish
prove& Elements
#1:
7.
Marketing and buying illegally-caught
fishery species
1. Contractors/Permit Holders
contractor or permit holder
operate a mining project
2. Mining project has no ECC
is operating mining project
Report on the
abovementioned activity
115
Where to file:
Prosecutors Office
Certification from EMB on

the lack of ECC
Possible violation: Willful violation

and gross neglect to abide by the
terms and conditions of the ECC
(Sec. 179, DAO 2010-21 in relation
to Sec. 110 of RA 7942)

Willful violation and gross
neglect to abide by the terms
and conditions of the ECC in
mining:
Elements:
1. Contractor is a holder of an
ECC
2. There is willful violation and
is operating mining project
gross neglect to abide by the
Report on the
terms and conditions of the said
onFishery
the
C. IllegalECC
Fishing Activities and Dealing in- Illegally-Caught
Fish or
Products

the lack of ECC
Penalties:
mining project without an
approved Environmental
without an approved
Fine: Maximum of Five
2. Construction
and Operation of Fish Corrals/Traps,
Protection and Enhancement
Environmental Protection and
Program (EPEP) (Sec. 172, DAO
Enhancement Program (EPEP)
2010-21 in relation to Sec. 110 of
in relation to Illegal upland
RA 7942)
mining:
Elements:
2. Mining project has no approved
To prove Elements #1 and #2:

is operating a mining project
116
Where to file:
Prosecutors Office
EPEP/revised EPEP
3. Failure to Comply with Standards -
Report on the

Certification from MGB on
the lack ofareas
an approved
EPEP/revised EPEP
Possible violation: Practice not in

Penalties:
accordance with anti-pollution
Practice not in accordance
6.
Intrusion
of licensedinand
unlicensed
commercial
fishers
in and
municipal Remedy
waters any practice
laws
and regulations
mining
or
with
anti-pollution
laws
quarrying projects (Sec. 175, DAO
regulations in mining or
connected with mining or
2010-21 in relation to Sec. 154,
quarrying projects in relation
quarrying operations, which is
DAO
2010-21)and buying illegally-caught
to Illegal
not in accordance with the
7.
Marketing
fish & upland
fishery mining:
species
provisions of Department
Elements:
Administrative Order No.
Certification from the MGB
2000-98; and
1. Violator is a
that violator is a
Contractor/Permittee/Lessee/Pe
Contractor/Permittee/Lesse
Suspension of the operations
e/Permit Holder of a mining
rmit Holder of a mining or
quarrying project
or quarrying project in an
(Sec. 154, DAO 2010-21)
2. Violator carries out practices not
upland area
in accordance with anti-pollution Certified True Copy of the
117
Where to file:
MGB Regional
Director, EMB
Regional Director or
PAB
3.
laws and regulations

There is an actual or imminent
danger to the environment
contract /lease agreement

or permit of a mining or
quarrying project (optional)

violator carries out practices
not in accordance with antipollution laws and
regulations
Affidavit of witness that
not in accordance with antipollution laws and
regulations
Summary suspension by the

MGB Regional Director, in
consultation with EMB, until
danger is removed or
appropriate measures are
taken by the
Contractor/Permittee/Lessee/
Permit
Remedial measures
(Sec. 175, DAO 2010-21)
prove Element Fish

#3: or Fishery Products
C. Illegal Fishing Activities and Dealing inTo
Illegally-Caught
Water/air/land samples
1. Capture of breeders, spawners, eggs or- fry Results/certification of
samples
Affidavit of expert witness as
to the actual or imminent
Possible violation:
Mineral of Fish Corrals/Traps,
Recommended
Penalties:
2. Construction
and Operation
FishEvidence
Pens andfor
Fish Cages
exploration/extraction in critical
Mineral exploration/extraction
habitats (Sec. 27(c)(iii), RA 9147)
in critical habitats in relation to Imprisonment: 1 month to
eight years and/or
Elements:
1. Mineral exploration and/or
mineral extraction activities are
pesos
mineral exploration and/or
conducted in an area by the
violator
mineral activities are
2. The activities are done within a
conducted in an upland area
118
Where to file:
Prosecutors Office

3. Failure
to Comply
with Standards
accordance
with Section
25 of
RA 9147.
-
Report on the mineral

exploration and/or mineral
extraction activities
mineral extraction activities
of the offender
Certification by the PAWB or
issuance by the DENR that
the upland area is
designated as a critical
habitat

Penalties:
Undertake activities in
6.
Intrusion
of licensed
and unlicensed
commercial
in municipal
waters
Law
or PD 1586
(Sec. 27(h),
RA
violation
of thefishers
EIA Law
or PD
To
be imposed by the
9275)
1586 in relation to Illegal
Secretary, upon PAB
upland mining:
recommendation:
Elements:
7.
Marketing and buying illegally-caught fish & fishery species
Fine: P10,000.00 to
1. Violator undertakes
a. activities or
mining activities or
development and
every 2 years
development and expansion
or
of mining projects in the
b. Violator operates
uplands or operated
wastewater/sewerage
wastewater/sewerage
facilities
facilities of mining projects
119
Where to file:
EMB Regional
Adjudication Board
(PAB)
2.
Acts violate the Environmental

Impact Statement System Law
(Presidential Decree No.1586)
and its implementing rules and
regulations.

1586, see complete list in Annex 4.
in the uplands
Report on the
the offender
until compliance (order may

be issued ex parte pending
case)
(Section 28)

the lack of ECC or findings
by the EMB of the violation
of the terms and conditions
of the ECC; or
ECC and specific conditions
violated

Possible violation: Gross violation Recommended evidence for
Penalties:
of the Clean Water Act- Repeated
Gross violation of the Clean
violations of the Clean Water Act
Water Act- Repeated
within 2 years (Sec. 28 (b), RA
violations of the Clean Water
Fine: P500,000.00 to
9275)
Act within 2 years in relation to P3,000,000.00 per day for
Illegal upland
mining:
each day of violation or
Fish
Pens and Fish Cages
Elements:
Imprisonment: 6 years to 10
EMB or PAB Orders
years, or both
1. Violator committed at least 5
showing at least 5 violations
violations of the Clean Water Act
If offender is a juridical person,
2. Commission is within a period of
the president, manager, and
To prove Element #2
two years
EMB or PAB Orders
pollution control officer or
showing date of
official in charge of the
commission of 5 violations
operation shall suffer penalty
120
Where to file:
Prosecutors Office
within a period of 2 years
herein provided
Note: In cases of gross
violations, the PAB shall issue
a resolution recommending
that the proper government
agencies file criminal charges
against the violators.
(Section 28)
Penalties:
Noncompliance with the terms
and conditions of a smallCancellation of the contract
scale mining contract in
Ejectment from the smallElements:
mining:
scale mining area
5.
Fishing without license or necessary
permits or not complying with documentary
requirements
1. Peoples small-scale mining
contract was issued to the
To prove Elements # 1 and 2:
Fines: not less than
contractor
P20,000.00 and not more than
2. Contractor failed to comply with
P100,000.00, which may be
contract
the terms and conditions of the
imposed by the Secretary
contract
violation of the terms and
in municipal (Section
waters 21)
conditionsfishers
of the contract
Imprisonment: not less than 6
months nor more than 6 years
conditions
of species
the contract
& fishery
Affidavit of witness(es) on
Confiscation and seizure of
the violation of the terms
equipment, tools and
and conditions of the
instruments
contract
Possible violation:
and conditions of a small-scale
mining contract (Sec. 21, RA 7076)
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
for criminal charges
under Section 27
(Section 27)
Possible violation: Violation of the
rules and regulations issued by

Violation of the rules and
121
Penalties:
Where to file:
the Secretary on small-scale

mining (Sec. 21, RA 7076)
regulations issued by the

Secretary on small-scale
mining in relation to Illegal
upland mining:
Elements:
1. Peoples Small-scale mining
Copy of the contract
contractor
Investigation on the violation
2. Contractor violated the rules
of the rules and regulations
Secretary pursuant to the
violation of the rules and
Peoples Small Scale Mining Act
regulations
the violation of the rules and
regulations
Cancellation of the contract

Ejectment from the scalescale mining area
MGB for the

administrative
charges under
Section 21
Prosecutors Office
under Section 27
(Section 21)

instruments
(Section 27)
Penalties:
Abandonment of the smallscale mining site by the
contractor in relation to Illegal
Elements:
upland mining:
Ejectment from the scale1. Small-scale
contract
wasCorrals/Traps, Fish Pens and Fish Cages
scale mining area
2. Construction
and mining
Operation
of Fish
issued to the contractor
2. Contractor abandoned the
Investigation on the
mining site
abandonment of the mining
site
abandonment of the mining
(Section 21)
site
the abandonment of the
Possible violation: Abandonment
of the small-scale mining site by
the contractor (Sec. 21, RA 7076)
122
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
under Section 27
mining site

instruments
(Section 27)
123
2. Offshore mining
Note: Offshore means the water, sea bottom, and subsurface from the shore or coastline reckoned from the mean tide low tide level
up to the two hundred nautical miles (200 n.m.) exclusive economic zone including the archipelagic sea and contiguous zone.

Penalties:
Theft of Minerals in relation to
Offshore mining:
B. Failure
Elements:
years or
1. There is extraction and disposal Report on the extraction and
Fine: P10,000.00 to
of minerals
disposition of minerals
P20,000.00, or both, at the
offshore
discretion of the appropriate
was without a mining
court.
license
minerals offshore
C. Illegal Fishing Activities and Dealing in
- Illegally-Caught
Photo or videoFish
of or Fishery Products
to pay damages and
Notes:
1. Capture
of breeders,
spawners, eggs or fryincluding the tools, equipment minerals removed, extracted,
Illegally-sourced
minerals/mineral
products are those which are mined,
and conveyance used in the
and disposed of.
extracted, removed and/or disposed
commission of the offense
of without authority or permit under
Sample of minerals
existing mining laws, rules and
Seizure receipt
partnerships, or corporations,
regulations. (Section 116, DAO
the president and each of the
2010-21)
directors thereof shall be
Affidavit of
responsible for the acts
The transport of all minerals/mineral
apprehending/arresting officer committed by such
and witnesses, if any, on
association, corporation, or
gold
partnership.
minerals offshore
lack of mining agreement,
lease, permit, license
124
Where to file:
Prosecutors Office
Director concerned or his/her duly

authorized
with
Standards
representative:
Provided,
That
the
transport of sand and gravel shall be
covered by a Delivery Receipt.
(Section 117, DAO 2010-21)

lack of Ore Transport Permit
or Delivery Receipt
The
absence
any of the foregoing
4. Fishing
inof
overexploited
documents shall be considered
mining and shall cause the
conveyance used in the commission
of
offense
in favor
of the or necessary permits or not complying with documentary requirements
5. the
Fishing
without
license
Government pursuant to P.D. No.
1281, subject to further investigation.
If it is found that the minerals/mineral
products seized have been mined,
extracted or removed without any
permit or authority under existing
6. Intrusion
of licensed
mining
laws, rules
and regulations,
final confiscation can be effected to
be followed by the filing of the
Possible violation: Violation of the
Terms and Conditions of the ECC
in a mining or quarrying projects
1.
2.
Offender is a holder of an ECC

Offender wilfully violates or

mining or quarrying projects in
relation to Offshore mining:
Certified true copy of the ECC
125
Penalties:
years or
Fine: P50,000.00 to
P200,000.00
or both imprisonment and
Where to file:
Prosecutors Office
3.
grossly neglects to abide by the

ECC
The failure or neglect caused
pollution
in a mining or quarrying
project in the offshore area,
ECC has been issued
(optional)
fine, at the discretion of the

court

Photo or video showing willful
violation and gross
ECC
Report on the willful violation
and gross negligence to
abide by the terms and
conditions of the ECC
- Illegally-Caught
Fish on
or the
Fishery Products
1. Capture of breeders, spawners, eggs or frynegligence to abide by the
ECC
Air, land, water sample
laboratoryFish
examination
Pens andofFish Cages
samples
through pollution
126

3. Failureintomining
Comply
with Standards
Officials
projects
Elements:

Illegal Obstruction to
Government Officials in mining
projects in relation to Offshore
mining:
Penalties:
Where to file:
Fine: not exceeding

P5,000.00 or
Prosecutors Office
Imprisonment: not exceeding

1 year, or
1.
There is
performance by
Report or affidavit
4. Fishing
inaoverexploited
orthe
fishery-management
areas of official
Secretary, the Director or any of
as to the prevention or
their representatives of duties
obstruction of the
court.
under the provisions of the
performance of their duties
Mining Act and of the
related to offshore mining
act of prevention or
obstructs such performance
obstruction
Possible violation: Mining in areas Recommended evidence for
Penalties:
closed to mining applications
Mining in areas closed to
(Sec. 15, par. 4, DAO 2010-21 in
mining applications in relation
Fine: Maximum of P5,000.00
to Offshore mining:
6. Intrusion of licensed and unlicensed commercial fishers in municipal (Section
waters 110, RA 7942)
Elements: Prohibited offshore
mining
Report of mining in offshore
area& fishery species
1. There is mining in offshore area Photo or video showing the
2. The offshore area is within five
mining
hundred (500) meters from the
Photo or video of
mean low tide level
including the tools, equipment
Sample of minerals
Seizure receipt
127
Where to file:
Prosecutors Office
Affidavit of
apprehending/arresting officer
and witnesses, if any, on the
offshore mining

Certification from NAMRIA that
the offshore area is within five
mean low tide level
Penalties:
(Sec. 179, DAO 2010-21 in relation
without an in relation to
to Sec.Fishing
110 of Activities
RA 7942) and Dealing in
Offshore
mining: Fish or Fishery Products
C. Illegal
Illegally-Caught
Elements:
Tofry
prove Elements #1:
1. Capture
of breeders, spawners, eggs or
contractor or permit holder is
operating a mining project in
an offshore area
Report on the
Affidavit of
witness
theFish Cages
Fish
Penson
and
lack of ECC
128
Where to file:
Prosecutors Office
Possible violation: Willful

violation and gross neglect to
3. Failure
to terms
Comply
with
Standards
abide
by the
and
conditions
of the ECC (Sec. 179, DAO 201021 in relation to Sec. 110 of RA
7942)

neglect to abide by the terms
and conditions of the ECC in
relation to Offshore mining:
Penalties:
Where to file:
Prosecutors Office

Photo or video
showing that
4. Fishing in overexploited or fishery-management
areas
Elements:
1. Contractor is a holder of an
operating mining project
ECC
Report on the
terms and conditions of the said
ECC
To permits
prove Element
or not#2:
lack of ECC
Penalties:
without an approved
6. Intrusionand
of licensed
and unlicensed
commercial fishers
in municipal
waters
Protection
Enhancement
Environmental
Protection
and
Enhancement Program (EPEP)
in relation to Offshore mining:
RA
7942)
7. Marketing
Elements:
operating a mining project
2. Mining project has no approved
within an offshore area
EPEP/revised EPEP
Report on the
129
Where to file:
Prosecutors Office

Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not in Recommended evidence for
Practice not in accordance with
laws
and
regulations
in
mining
or
anti-pollution laws and
quarrying projects (Sec. 175, DAO regulations in mining or
2010-21 in relation to Sec. 154,
quarrying projects in relation to
DAO 2010-21)
Offshore mining:
Elements:
Penalties:
Where to file:
Remedy any practice

2000-98; and
MGB Regional
Director, EMB
PAB

Certification from the MGB
1. Violator is a
that violator is a
C. IllegalContractor/Permittee/Lessee/Pe
rmit Holder of a mining or
Permit Holder of a mining or
quarrying
project spawners, eggs or fryquarrying project in an
(Sec. 154, DAO 2010-21)
1. Capture
of breeders,
2. Violator carries out practices
offshore area
not in accordance with antiCertified True Copy of the
pollution laws and regulations
contract /lease agreement or
3. There is an actual or imminent
permit of a mining or
quarrying project (optional)
To prove Element
Fish #2:
Pens and Fish Cages
taken by the
not in accordance with antiPermit
Affidavit of witness that
Remedial measures
not in accordance with anti(Sec. 175, DAO 2010-21)
130

3. Failure to Comply with Standards Results/certification of
samples
Affidavit of expert witness as
to the actual or imminent
danger to the
environment
areas
3. Onshore mining
Note: Onshore means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
(Sec. 3 (aj), RA 7942)
Recommended evidence for Theft Penalties:
Where to file:
of Minerals in relation to Onshore
mining:
Prosecutors Office
Elements:
to six (6) years or
1. There is extraction and
Report on the extraction and
Fine: Ten thousand pesos
disposal of minerals
disposition of minerals onshore
(P10,000.00) to Twenty
thousand pesos
was without
a miningand unlicensed commercial
extraction and
disposition
of
(P20,000.00), or both, at the
6. Intrusion
of licensed
fishers
in municipal
waters
minerals onshore
discretion of the appropriate
license
Photo or video of
court.
7. Marketing and buying illegally-caught including
fish & fishery
species
Notes:
the tools,
equipment
Illegally-sourced minerals/mineral
to pay damages and
products are those which are
mined, extracted, removed and/or
Sample of minerals
minerals removed, extracted,
disposed of without authority or
Seizure receipt
and disposed of.
permit under existing mining laws,
Results/certification of kind and
rules and regulations. (Section 116,
volume of mineral
Affidavit of
DAO 2010-21)
partnerships, or
corporations, the president
The transport of all minerals/mineral
and witnesses, if any, on
and each of the directors
131

gold
minerals onshore
MGB Certification as to the lack
of mining agreement, lease,
permit, license
MGB Certification as to the lack
Director
concerned
or
his/her
duly
of Ore Transport Permit or
authorized
Delivery Receipt
representative: Provided, That the
transport of sand and gravel shall
be covered by a Delivery Receipt.
(Section 117, DAO 2010-21)
thereof shall be responsible

for the acts
committed by such
association, corporation, or
partnership.
The absence of any of the foregoing

documents
shall
be considered
C. Illegal
Fishing
Activities
mining and
shall cause
the
1. Capture
of breeders,
spawners,
eggs or fry
conveyance used in the
commission of the offense in favor
of the Government pursuant to P.D.
No. 1281, subject
further of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and to
Operation
investigation. If it is found that the
minerals/mineral products seized
have been mined, extracted or
removed without any permit or
authority under existing mining
laws, rules and regulations, final
confiscation can be effected to be
followed by the filing of the
132

Penalties:
the Terms and Conditions of the
3. Failure
to Comply
with Standards Conditions of the ECC in a mining Imprisonment: six (6) months
ECC
in a mining
or quarrying
project (Section 108, RA 7942)
or quarrying project in relation to
to six (6) years or
Onshore mining:
in a mining or quarrying project To prove Element #1:
(P50,000.00) to Two hundred
2.
Offender
violates or
or fishery- management
Certified true
copy of the ECC
thousand pesos
4. Fishing
in wilfully
overexploited
areas
grossly neglects to abide by
(P200,000.00)
in the onshore area,
ECC
3. The failure or neglect caused
ECC has been issued
(optional)
court
pollution
- permits
Photo oror
video
showing willful
not complying
violation and gross negligence
to abide by the terms and
and gross negligence to abide
by the terms and conditions of
the ECC
Affidavit of witness on the willful
samples
133
Where to file:
Prosecutors Office
pollution
Officials in mining projects

Illegal Obstruction to Government
Officials in mining projects in
relation to Onshore mining:
Elements:
Penalties:
Where to file:
Fine not exceeding Five

or by imprisonment not
exceeding one (1) year, or
both, at the discretion of the
court.
Prosecutors Office

Report or affidavit of official as
1. There is a performance by the
to the prevention or obstruction
Secretary, the Director or any
of the performance of their
of their representatives of
duties related to onshore
duties under the provisions of
mining
the Mining Act and of the
Photo or video showing the act
of prevention or obstruction
performance
C. Illegalobstructs
Fishing such
Activities
Possibleofviolation:
in eggs Recommended
evidence for
Penalties:
1. Capture
breeders,Mining
spawners,
or fry
areas closed to mining
Mining in areas closed to mining
applications (Sec. 15, par. 4,
applications in relation to
DAO 2010-21 in relation to Sec.
Onshore mining:
110 of RA 7942)
Elements: Prohibited onshore
Report of mining in onshore
mining
area
2. Construction
1. There is mining in onshore
mining
area
Photo or video of
2. The onshore area is within two
including the tools, equipment
mean low tide level along the
coast
Sample of minerals
Seizure receipt
-
134
Where to file:
Prosecutors Office
3. Failure to Comply with Standards -

volume of mineral
Affidavit of
onshore mining
prove Element
#2:
4. Fishing in overexploited or fisheryTo
management
areas
Certification from the DENR
that the onshore area is within
two hundred (200) meters from
the mean low tide level along
the coast
Possible
violation:
Operating
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without license
or necessary
permits or not
complying
Operating mining project without
(Sec. 179, DAO 2010-21 in
an ECC in relation to Onshore
mining:
Elements:
6. Intrusion
licensed
municipal
waters
contractor orfishers
permit in
holder
is
operate aofmining
project
operating a mining project in an
onshore area
Report
on the abovementioned
fish & fishery
species
activity
lack of ECC
135
Where to file:
Prosecutors Office
Possible violation: Willful

violation and gross neglect to
abide by the terms and
conditions of the ECC (Sec. 179,
110 of RA 7942)

neglect to abide by the terms and
conditions of the ECC in relation
to Onshore mining:
Penalties:
Where to file:

Prosecutors Office

Elements:
1.
Contractor
is
a
holder
of
an
ECC
operating mining project in an
onshore area
activity
said ECC
Certification from
EMB
the Products
C. Illegal Fishing Activities and Dealing -in Illegally-Caught
Fish
or on
Fishery
lack of ECC

Penalties:
an approved Environmental
Program (EPEP) in relation to
Onshore mining:
RA 7942)
2. Construction
Elements:
operating a mining project
2. Mining project has no
within an onshore area
approved EPEP/revised EPEP
activity
136
Where to file:
Prosecutors Office

3. Failure to Comply with Standards Certification from MGB on the
lack of an approved
EPEP/revised EPEP
Possible violation: Practice not
in
with anti-pollution
not in areas
accordance with
4. accordance
or fisheryPractice
management
laws and regulations in mining
or quarrying projects (Sec. 175,
154, DAO 2010-21)
Onshore mining:
Penalties:
Remedy any practice

quarrying operations, which
is not in accordance with the
Elements:
Certification from the MGB that
2000-98; and
1.
Violatorwithout
is a
violator is
5. Fishing
license or necessary permits
oranot complying with documentary requirements
Contractor/Permittee/Lessee/P
ermit Holder of a mining or
quarrying project
quarrying project in an onshore
(Sec. 154, DAO 2010-21)
area
not in accordance with antiCertified True Copy of the
contract /lease agreement or
6. Intrusion
unlicensed commercial
fishersorinquarrying
municipal waters
3.
There is of
anlicensed
actual or and
imminent
permit of a mining
project (optional)
To prove
fish Element
& fishery#2:
species
taken by the
not in accordance with antiPermit
Affidavit of witness that violator
Remedial measures
carries out practices not in
(Sec. 175, DAO 2010-21)
137
Where to file:
MGB Regional
Director, EMB
PAB

samples
the actual or imminent danger
to the environment

Possible violation: Mineral
Penalties:
exploration/extraction in critical
Mineral exploration/extraction in
habitats (Sec. 27(c)(iii), RA 9147)
critical habitats in relation to
Onshore mining:
eight years and/or
Elements:
1. Mineral exploration and/or
mineral extraction activities are Photo or video showing that
pesos
mineral exploration
in an areaand
by the
C. Illegalconducted
Fishing Activities
Fishand/or
or Fishery Products
violator
mineral activities are conducted
in an onshore area
2. Theofactivities
arespawners,
done withineggs
a
1. Capture
breeders,
or fry
Report on the mineral
exploration and/or mineral
extraction activities
RA 9147.
mineral extraction activities of
the offender
Certification by the PAWB or
issuance by the DENR that the
onshore is designated as a
critical habitat
138
Where to file:
Prosecutors Office
Possible violation:
3. Failure
to Comply
with Standards and conditions of a small-scale
and
conditions
of a small-scale
mining contract (Sec. 21, RA
mining contract in relation to
7076)
Onshore mining:
Penalties:
Where to file:
MGB for the

administrative
charges
Ejectment from the smallscale mining area
Elements:
1.
Peoples
mining
Certified true
copy of the
4. Fishing
in small-scale
overexploited
or fishery- management
areas
P20,000.00 and not more
contract
contractor
than P100,000.00, which
2. Contractor failed to comply
may be imposed by the
with the terms and conditions
Secretary
conditions of the contract
of the contract
(Section 21)
Imprisonment:
not less than 6
Affidavitorofnot
witness(es)
on the
permits
complying
with documentary
requirements
months nor more than 6
years
Prosecutor's Office
for the criminal
charges

instruments
(Section 27)
Possible
violation:
Violation
of
Recommended
evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
the rules and regulations issued
Violation of the rules and
by the Secretary on small-scale
Secretary on small-scale mining
in relation to Onshore mining:
Elements:
contractor
Investigation on the violation of
2. Contractor violated the rules
the rules and regulations
139
Penalties:
Where to file:
MGB for the

administrative
charges
Ejectment from the scalescale mining area

Prosecutor's Office
for the criminal
charges

Peoples Small Scale Mining
Act

regulations
Affidavit of witness(es) on the
regulations

Secretary
(Section 21)
years
instruments
(Section 27)
Possible violation: Abandonment Recommended evidence for

Penalties:
of the Fishing
small-scale
mining
siteDealing
by
Abandonment
of the
small-scale
C. Illegal
Activities
and
in Illegally-Caught
Fish
or Fishery Products
the contractor (Sec. 21, RA 7076)
mining site by the contractor
1. Capture of breeders, spawners, eggs (Sec.
or fry21, RA 7076) in relation to
Elements:
Onshore mining:
Ejectment from the scale1. Small-scale mining contract
scale mining area
was issued to the contractor
2. Contractor abandoned the
Investigation on the
mining site
abandonment of the mining site P20,000.00 and not more
in the onshore area
Photo or video
showing
Fish Pens
andthe
Fish Cages
abandonment of the mining site Secretary
in the onshore area
(Section 21)
Affidavit of witness(es) on the
abandonment of the mining site
in the onshore area
years
140
Where to file:
MGB for the
administrative
charges
Prosecutor's Office
for the criminal
charges

instruments
(Section 27)
4. Quarrying
Note: Quarrying is the process of extracting, removing and disposing quarry resources found on or underneath the surface of
4. Fishing
overexploited
areas
private orinpublic
land (Sec.or
3 fishery
(ar), RAmanagement
7942).
Possible violation: Ban on white

sand, silica, pebbles and other
substances that make up any
marine habitat (Sec. 92, par 4, RA
8550)

on white sand, silica, pebbles and
other substances that make up
any marine habitat in relation to
Quarrying:
Penalties:
Where to File:
Prosecutors Office
Fine: P100,000.00 to
P500,000.00 or
Elements:
1. There is a person or entity
2. Such person or entity is
court.
o
The identity and
gathering, selling or exporting
personal
a. White sand
Confiscation of the substance
b. Silica
circumstances of
taken from its marine habitat
c. Pebbles
the apprehended
personin municipal waters
d. of
Other
substances
(Section 92, par. 4)
6. Intrusion
licensed
and unlicensed commercial fishers
o
The act indicating
that make up any
that the person is
marine habitat
3. Such white sand, silica,
gathering, selling
7. Marketing
buying
illegally-caught fish & fisheryorspecies
pebbles orand
other
substances
exporting
white sand, silica,
come from any marine habitat
pebbles, or other
substances that
make up marine
habitat
141
Receipt of samples taken

Result of laboratory
examination
Receipt of confiscation
Certification as to the nature
and probable source of the said
items
Possible
BanReport
on
B. Failure
to violation:
Comply with
Requirements
extraction of gravel and sand
on extraction of gravel and sand
from beaches (Sec. 1, Batas
from beaches in relation to
Pambansa 265)
Quarrying:
Penalties:
Where to file:
Imprisonment: not less than

6 months or
Prosecutors Office
Elements:
Fine: not less thanP1,000 or
1. Any person or entity
2. Engaged in
a. extraction
gravel
o
The
identity
and Products
court.
C. Illegal Fishing
Activitiesofand
Fish
or Fishery
and sand
personal
and such
other
circumstances of
(Section 2)
1. Capture ofb.breeders,
spawners,
eggs or fry
activities
the apprehended
c. as would erode or
person
diminish the natural
o
The act indicating
beauty of beaches
that the person is
engaged in the
extraction of
2. Construction and Operation of Fish Corrals/Traps, Fishgravel
Pens and
and sand
Fish Cages
or such other
activities as
would erode or
diminish the
natural beauty of
beaches
Pictures showing the activity
142
Possible violation: Quarrying in

critical habitats (Sec. 27(c)(vi),
Quarrying in critical habitats in
3. Failure
RA
9147) to Comply with Standardsrelation to Quarrying:
Elements:
1. Quarrying activities are
conducted in an area by the
quarrying activities are
violatorin overexploited or fishery management
conducted in
a critical habitat
4. Fishing
areas
2. The activities are done within a Report on the quarrying
activities
quarrying activities of the
RA 9147.
offender
Penalties:
Where to file:
Imprisonment: 1 month to 8
years and/or
Prosecutors Office

pesos

Certification
by complying
the PAWB or
permits
or not
issuance by the DENR that the
area is designated as a critical
habitat
Penalties:
Undertaking activities in violation
6. Intrusion
of licensed
and RA
unlicensed
commercial
fishers
in municipal
waters
Law
or PD 1586
(Sec. 27(h),
of the
EIA Law or
PD 1586
in
9275)
relation to Quarrying:
Secretary, upon PAB
recommendation:
Elements:
To prove
fish Elements
& fishery#1:
species
Fine: P10,000.00 to
violator is undertaking quarrying P200,000.00 for every day of
a. activities or
activities or development and
violation, to be increased
expansion of quarry projects or
development and
10% every 2 years
operated wastewater facilities
or
for the quarry project
wastewater/sewerag
activities
e facilities
disconnection of water
143
Where to file:
EMB Regional
Adjudication Board
(PAB)
2.
Acts violate the Environmental

regulations.
the offender

lack of ECC; or
conditions violated
Testimony
of witness as to the
lack of ECC or violation of ECC
conditions
1586)

in relation to Quarrying:
supply, until compliance

(order may be issued ex
parte pending case)
(Section 28)
Penalties:

for every violation
Elements:
prove Elements #1
andor#2:
C. Illegal
Fishing Activities and Dealing To
in Illegally-Caught
Fish
Fishery Products
Certification from the EMB that
1. Theofproject
is a declared
ECP
the quarry project is an ECP or
1. Capture
breeders,
spawners,
eggs or fry
is in an ECA
operating the declared ECP or
project in an ECA by a person,
partnership or corporation
quarrying activities or operating
a quarry project that is a
declared ECP
in anand
ECA
Fishor
Pens
Fish Cages
For a list of ECPs and ECAs, see
Annex 4.
lack of ECC
144
Where to file:
Regional EMB
Director

3. Failure to Comply with Standardsrelation to Quarrying:
1586)
Elements:

violation of the standards, rules
and regulations
issued byorthe
and regulations
issued by the
4. Fishing
in overexploited
fishery management
areas
EMB
2. Violation of the standards,
violation
Photo or video showing the act,
if applicable
Penalties:
the ECC
EMB Regional
Office

for every violation

Penalties:
the
Terms and
Conditions
Violation
of the
Terms
and
5. Fishing
without
license of
or the
necessary
permits
or not
complying
ECC in a mining or quarrying
Conditions of the ECC in a mining Imprisonment: six (6) months
projects (Section 108, RA 7942)
or quarrying projects in relation to to six (6) years or
Quarrying:
(P50,000.00)
in a mining or quarrying project To prove Element #1:
to Two hundred thousand
2. Offender wilfully violates or
pesos (P200,000.00)
6. Intrusion
of licensed
and by
fishers
grossly neglects
to abide
in a quarrying
projectin municipal waters
the terms and conditions of the Certification by EMB that an
ECC
ECC has been issued (optional) fine, at the discretion of the
3.
The failureand
or neglect
court
7. Marketing
buying caused
illegally-caught fish & fishery species
through pollution
and gross negligence to abide
by the terms and conditions of
the ECC
145
Where to file:
Where to file:
Prosecutors Office
Affidavit of witness on the willful


samples
pollution
Possible violation: Quarrying in
Penalties:
Areas closed to mining
Offshore seabed/marine
applications:
quarrying
in relation
to Products
C. Illegal
Fishing Offshore
Activities and Dealing aggregate
in Illegally-Caught
Fish
or Fishery
seabed/marine aggregate
Quarrying:
quarrying
(Sec. 15, DAO
2010-21
1. Capture
of breeders,
spawners,
eggs or fry
in relation to Sec. 110 of RA
7942)
Report of offshore
seabed/marine aggregate
Elements:
quarrying
1. There is seabed/marine
aggregate quarrying
quarrying
2. Such quarrying
is locatedofatFish Corrals/Traps,
Photo or video
of quarried
2. Construction
and Operation
Fish Pens
and Fish Cages
a. offshore areas less
products, including the tools,
than 1,500 meters
equipment and conveyance
from the mean low
used in the commission of the
tide level of land or
offense
island(s) and
Sample of quarried materials
b. where the seabed
Seizure receipt
depth is less than 30
meters measured at
volume of quarried material
mean sea level
Affidavit of
146
Where to file:
Prosecutors Office
quarrying

Certification from the NAMRIA
that the offshore area is less
than 1,500 meters
areas from the
mean low tide level of land or
island(s) and where the seabed
depth is less than 30 meters
measured at mean sea level
Possible violation: Practice not
Penalties:
in accordance with anti-pollution
laws
and regulations
in mining
anti-pollution
and
Remedy anyrequirements
practice
5. Fishing
without license
or necessary
permits orlaws
not complying
with documentary
quarrying operations, which
154, DAO 2010-21)
Quarrying:
is not in accordance with the
Elements:
Certification from the MGB that
2000-98; and
6. Intrusion
ofalicensed and unlicensed commercial
1.
Violator is
violator is a fishers in municipal waters
ermit Holder of a quarrying
quarrying and
project
(Sec. 154, DAO 2010-21)
7. Marketing
buying illegally-caught project
Certified True Copy of the
not in accordance with anticontract /lease agreement or
permit of a quarrying project
(optional)
violator carries out practices not taken by the
in accordance with antiContractor/Permittee/Lessee/
147
Where to file:
MGB Regional
Director, EMB
PAB

Affidavit of witness that violator
carries out practices not in
Permit
Remedial measures
(Sec. 175, DAO 2010-21)

samples
-

to the environment
C.F.
Illegal
Fishing
Activities
NIPAS
Protected
Area Violations
Possible violation: Illegal hunting Recommended evidence for
Penalties:
1. Capture
of breeders,
or fry hunting in relation to
(Sec. 20(a),
RA 7586)spawners, eggs Illegal
NIPAS Protected Area violations:
Fine: P5,000 to P500,000,
Elements:
exclusive of the value of the
1. The offender hunts
thing damaged or
2. The place where he hunts is
- Affidavit of eye witnesses as to
declared as protected area
Imprisonment: 1 to 6 years,
the hunting
3. The hunting is without permit
or
- Pictures of the act of hunting the
from the PAMB
products of the hunt
Both,
Restoration or compensation
- Certification from PASu or PAMB
that the area is declared Protected for the restoration
area
- Certification of the PaSu or PAMB
that such person has no permit
148
Eviction of the offender from

the land,
Where to file:
Prosecutors Office
Possible violation: Illegal

Destruction (Sec. 20(a), RA 7586)
Illegal Destruction in relation to
3. Failure to Comply with StandardsNIPAS Protected Area violations:
Elements:
1. The offender performed an act
- Affidavit of witnesses as to the
within the protected area
destruction
2.
Such act
resulted in the or fishery- management
Pictures of act
or acts
4. Fishing
in overexploited
areas
destruction of any thing within
undertaken by the offender;
the protected area;
3. Such act resulting to
destruction has no permit from
- Pictures of the things destroyed
the PAMB
within the protected area, or the
thing itself, whenever possible
Forfeiture in favor of the

Government
- of all timber or any
species collected or
removed
- including all equipment,
devices and firearms
used
- and any construction or
improvement made
thereon by the offender.
Administrative fines and
penalties
(If the offender

is an
To prove
element
# complying
3:
permits
or not
with documentary
requirements
association or corporation,
- Certification from the PAMB that
the president or manager
the act performed by the
shall be directly responsible
offender has no permit
for the act of his employees
and laborers.)
disturbance (Sec. 20(a), RA 7586) Illegal disturbance in relation to
commercial
in municipal waters
(Section 21)
NIPAS
Protectedfishers
Area violations:
Elements:
To prove elements # 1 and 2:
The offender
performs
an
- Affidavit
witnesses
indicating
7. 1.
Marketing
and buying
illegally-caught
fish & of
fishery
species
act or acts
the act or acts performed and
2.
Such act or acts causes
that it resulted into a disturbance
disturbance within the
- Affidavit of expert witness that
protected areas
the act or acts caused
3. Such act or acts were
disturbance within the protected
performed without permit
area, or certification from the
from the PAMB
PaSu or PAMB on the above
149
- Certification of PAMB or PASu as

to the absence of permit of the
offender
possession of plants or animals
Illegal possession of plants or
or products derived from
animals or products derived from
protected areas (Sec. 20(a), RA
protected areas in relation to
7586)
Elements:
1. Offender possesses plants or - Affidavit of witnesses indicating
animals or products derived
the possession
from protected areas
- Pictures of plants or animals or
2. Such possession was without
products derived from protected
permit from the PAMB
areas or the items themselves
of PAMB or PASu as
1. Capture of breeders, spawners, eggs -orCertification
fry
to the absence of permit of the
offender
Possible violation: Dumping of
waste products (Sec. 20(b), RA
Dumping of waste products in
7586)
relation to NIPAS Protected Area
violations: Fish Pens and Fish Cages
Elements:
1. offender dumped waste
Recommended Evidence:
products to the protected
areas
To establish element # 1:
Picture of the dumped waste
2. such waste products are
products
detrimental to the protected
Affidavit of witnesses as to the
area, or to plants and animals
act of dumping
or inhabitants therein;
150
Sample of the waste products

Results of the laboratory
examination of the waste products
and its effect to the protected area,
plants, animals or inhabitants
Certification of expert witness
as to the effects of the dumped
waste products
to the protected
areas
area, plants, animals or
inhabitants
Pictures of the protected area,
plants, animals or inhabitants
affected by the dumped waste
products, or the affected items
themselves
Possible
Illegal use
of
Recommended
evidence
for with documentary requirements
without license
or necessary
permits or not
complying
motorized equipment (sec. 20(c),
Illegal use of motorized
RA 7586)
equipment in relation to NIPAS
Protected Area violations:
Elements:
1. The offender used
motorized equipment within Affidavit of witnesses that the
6. Intrusion
of licensed
fishers
in municipal waters
a protected
area and unlicensed commercial
offender used
motorized
(motorboat or other
equipment within the protected
equipment)
area
2. The use
of buying
such motorized
Confiscated
motorized
7. Marketing
and
illegally-caught
fish & fishery
species
equipment is without
equipment itself, or pictures
permission from the PAMB
thereof
-
Certification from the PAMB or
PaSu that said motorized
equipment use is without
permission
151
Possible violation: Mutilating,

defacing or destroying objects of
beauty (Sec. 20(d), RA 7586)

Mutilating, defacing or destroying
objects of beauty in relation to
Elements:
1. The offender mutilated,
defaced or destroyed object of
Affidavit of witness showing
natural beauty or objects of
that the offender mutilated,
interest
to cultural
defaced or destroyed object of
B. Failure
to Comply
communities
natural beauty or objects of
2. That the mutilation,
interest to cultural communities
defacement or destruction was Certification from proper
done inside the protected
agency that the object
areas
mutilated, defaced or destroyed
is of natural beauty or of
interest to CCs;
from PaSu or PAMB
1. Capture of breeders, spawners, eggs -orCertification
fry
or affidavit of witness that the acts
performed were done inside a
protected area
Possible violation: Damaging
roads (Sec. 20(e), RA 7586)
Damaging roads in relation to
NIPAS Protected
FishArea
Pensviolations:
and Fish Cages
Elements:
1. The offender either damaged
and left roads or trails in a
- Pictures of the damaged roads or
damaged condition
trails
2. The damaged roads or trails
- Testimony of witnesses as to the
are inside a protected area
act of damaging and leaving roads
or trails in a damaged condition
152
- Certification as to the location of

the damaged roads or trails from
3. Failure to Comply with Standards PaSu or PAMB
Possible violation: Squatting,
mineral locating, or occupation
Squatting, mineral locating, or
(Sec. 20(f) RA 7586)
occupation in relation to NIPAS
Area areas
violations:
4. Fishing in overexploited or fisheryProtected
management
Elements:
1. The offender squatted,
conducted mineral locating or
- Affidavit of witnesses as to the
occupied any land
squatting, mineral locating, or
2. Such land is part of or within the
occupation, or
protected area.
- Investigation report/ocular
inspection report from PaSu or
PAMB
- Map showing the location of the
place where squatting, occupying
or mineral locating is undertaken
- Certification from PaSu/PAMB
6. Intrusion of licensed and unlicensedthat
commercial
in municipal
waters
the place isfishers
within the
PA
structure
(Sec.
20(g),
RA illegally-caught
7586)
Illegal
structure
in species
relation to
7. Marketing
and
buying
fish
& fishery
Elements:
1. The offender either
To establish Element # 1:
a. constructs any kind of
Affidavit of witnesses as to the
structure, fence or
construction, maintenance of
enclosures
any kind of structure, fence or
b. maintains any kind of
enclosures or conduct of any
structure, fence or
business enterprise
enclosures
Pictures of the structure, fence
153
c. conducts any business

enterprise
2. Said activities are conducted
without a permit from the
PAMB
3. The activities are done within a
protected area
or enclosures or conduct of the

business enterprise
- Certification from PaSu/PAMB
that the construction/maintenance
of structure, fence or enclosures
or the conduct of business
enterprise is without permit
- Map showing the location of
structure, fence or enclosure or
business enterprise within PA;
- Certification from PaSu or PAMB
that the structure, fence or
or business
C. Illegal Fishing Activities and Dealing inenclosure
Illegally-Caught
Fishenterprise
or Fishery Products
is within PA

Possible violation: Leaving
refuse or debris (Sec. 20(h), RA
Leaving refuse or debris in
7586)
violations:
Elements:
1. The offender either
a. and
leaves
refuse orof Fish Corrals/Traps,
Affidavit ofFish
witnesses
as toFish
anyCages
2. Construction
Operation
Pens and
debris in exposed or
of the following:
unsanitary condition
o
leaving refuse or
b. deposits refuse or
debris in exposed or
debris in ground
unsanitary condition
c. deposits refuse or
o
depositing refuse or
debris in bodies of
debris in ground
water
o
depositing refuse or
2. Such as act of leaving or
debris in bodies of
depositing is done within a
water
154
protected area
Sample or pictures of debris or

refuse recovered in the site
Certification of PaSu/PAMB
that the above acts were done
within PA
Possible
Altering or fisheryRecommended
evidence for
in overexploited
management areas
boundary marks (Sec. 20(i), RA
Altering boundary marks in
7586)
violations:
Elements:
1. The offender alters, removes,
destroys or defaces boundary
Affidavit of the witnesses that
marks or signs
offender altered, removed,
2.
Such marks
or signs
constitute
5. Fishing
without
license
oror
not
complying
destroyed
defaced
boundary
boundary mark or sign of the
marks or signs
protected areas
Picture of altered, removed,
destroyed or defaced boundary
marks or signs
in municipal waters
- commercial
Certification fishers
of PaSu/PAMB
that such mark or sign is a
boundary mark or sign of PA
155

or delaying inspection of fish and
fish products (Sec. 103, RA 8550)

Obstruction or delaying
inspection of fish and fish
products in relation to
Obstruction to Regulatory
Inspection and Disregard of
Lawful Orders:
Penalties:
Where to file:
Fine: not more than

P10,000.00 or
Prosecutors Office
Elements:
Imprisonment: not more than
1. Any person unlawfully
two (2) years, or
obstructs
or
delays
the
inspection and/or movement of To prove Element #1:
Both, upon the discretion of
fish and fishery/aquatic
the court.
Affidavit of inspecting officer or
products
witness that the offender
2. The inspection or movement is
(Section 103)
unlawfully obstructed or
authorized under RA 8550
delayed the inspection and/or
movement of fish and
fishery/aquatic products
1. Capture of breeders, spawners, eggs -or fry
inspection and/or movement of
fish and fishery/aquatic
products is authorized under
RA 8550
Penalties:
2. Construction
and
Operation of Fish Corrals/Traps,
PensLaw
and Fish Cages
to Fishery Law
Enforcement
Obstruction toFish
Fishery
Officer (sec. 106, RA 8550)
Enforcement Officer in relation to
Fine: P10,000.00
Elements:
Cancellation of the
Lawful Orders:
1. A fishery law enforcement
registration, permit and/or
officer is in the performance of
license of the vessel
his duties
including the license of the
2. The boat owner, master or
master fisherman
Certification by the BFAR or
operator or any person acting
other relevant law enforcement
156
Where to file:
Prosecutors Office
BFAR and MARINA
for administrative
charges
on his behalf of any fishing

agencies that the fishery law
(Section 106)
vessel
enforcement officer is in the
3. Failurea.to Comply
Evades, with Standards
performance of his duties
b. Obstructs, or
c. Hinders
the performance of the duties by
the fishery law enforcement officer
officers and witnesses
indicating that
the boat owner,
areas
master or operator or any
person acting on his behalf of
any fishing vessel evades,
obstructs, or hinders the
performance of the duties by
the fishery law enforcement
officer
Apprehension
by thewith documentary requirements
permits
or notreport
complying
apprehending officers
Medical examination by a
medico-legal officer if enforcer
sustained physical injuries as a
result of obstruction, when
applicable
Possible violation: Refusal to
Penalties:
allow entry, inspection and
Refusal to allow entry, inspection
monitoring
byand
thebuying
Department
in
and monitoring
by species
the
7. Marketing
illegally-caught
fish & fishery
accordance with the Clean Water
Department in accordance with
Secretary, upon PAB
Act (Sec. 27 (k), RA 9275)
the Clean Water Act in relation to
recommendation:
Elements:
Fine: P10,000.00 to
Lawful Orders:
1. A person refuses to allow
entry, inspection and
monitoring by DENR officials
10% every 2 years
2. Such entry, inspection and
monitoring is in accordance
157
Where to file:
EMB Regional
Director or PAB
with the provisions of the

Clean Water Act
-
officials as to the refusal to

allow entry, inspection and
monitoring
of
refusal to allow entry,
inspection and monitoring

Certification by the EMB/DENR
that entry, inspection and
monitoring is in accordance
with the provisions of the Clean
Water Act
parte pending case)
(Section 28)
Possible violation: Gross

Penalties:
violation
of theActivities
Clean Water
ActGross
violation of the
C. Illegal
Fishing
and Dealing
in Illegally-Caught
FishClean
or Fishery Products
Blatant disregard of PAB orders
Water Act- Blatant disregard of
Fine: P500,000.00 to
(Sec. 28of(c),
RA 9275)
P3,000,000.00 per day for
1. Capture
breeders,
spawners, eggs PAB
or fryorders in relation to
Elements:
Lawful Orders:
years, or both
1. There is a PAB order
2. Violator blatantly disregards the
Certified True Copy of PAB
If offender is a juridical
PAB order
Order/s Fish Pens and Fish Cages
person, the president,
manager, and pollution
Examples:
non-payment of fines
control officer or official in
breaking of seals
charge of the operation shall
operating despite the existence
violator is undertaking activities
suffer penalty herein
of an order for closure,
in blatant disregard of the PAB
provided
discontinuance or cessation of
order/s
operation.
violations, the PAB shall
activities
issue a resolution
158
Where to file:
Prosecutors Office
the violator
recommending that the

proper government agencies
file criminal charges against
the violators.
(Section 28)
Possible
Failure or
evidence for
Penalties:
in overexploited
or fisheryRecommended
management areas
refusal to submit reports, notices Failure or refusal to submit
or other information, access to
reports, notices or other
records as required by this Act,
information, access to records as
one day to 6 years and one
or permit inspection of
required by this Act, or permit
day and a
establishment where chemicals
inspection of establishment
are manufactured, processed,
where chemicals are
Fine: P600.00 to P4,000.00
stored or otherwise held (Sec. 13
manufactured, processed, stored
(b),
RA 6969)
or otherwise
relation towith documentary
Shall not be requirements
covered by the
5. Fishing
without license or necessary
permits orheld
notin
complying
Probation Law.
Elements:
Lawful Orders:
Deportation and bar from
1. Offender either:
any subsequent entry into
a. Fails or refuses to
the Philippines after serving
To prove Elements #1 (a-c):
submit reports,
his or her sentence if the
6. Intrusion ofnotices
licensed
in municipal
waters
officials as tofishers
the failure
or
or other
offender is a foreigner
refusal to submit reports,
information, or
notices or other information;
b. Fails to allow access
(Section 14 (a)(i))
allow access
to records
asillegally-caught failure
7. Marketing and
buying
fish & to
fishery
speciesto
In case any violation of this
records required by RA 6969;
required by this Act,
Act is committed by a
or failure to permit inspection
or
partnership, corporation,
c. Fails to permit
association or any juridical
inspection of
person, the partner,
establishment where
president, director or
chemicals are
manager who shall consent
manufactured,
to or shall knowingly tolerate
processed, stored or
otherwise held
such violation shall be
159
Where to file:
Prosecutors Office
DENR for
administrative
charges
directly liable and

responsible for the act of the
employees and shall be
criminally liable as a coprincipal;
(Section 14 (a)(ii))
In case the offender is a
government official or
employee, he or she shall, in
addition to the above
penalties, be deemed
automatically dismissed from
office and permanently
disqualified from holding any
elective or appointive
position.
(Section 14 (a)(iii))
Administrative fine: P10,000
to 50,000
(Section 15)
160
3. Failure- to
Comply withcausing
Standards Aquatic pollution - Deforestation
pollution
Deforestation
effects (Secs. 102 & 4(4), RA
deleterious effects causing
8550)
effects in relation to Upland
Elements:
4. Fishing in overexploited or fisherydeforestation:
management areas
1.
2.
Penalties:
Where to file:

Prosecutors Office

Deforestation
Deforestation causes hazards
and deleterious effects as to
deforestation was undertaken
(Section 102)
harm living and non-living
in the uplands
aquatic resources, pose
Investigation/Apprehension
potential and/or real hazard to
Report on the deforestation, or
5. Fishing
license ortonecessary
permits
complying
human without
health, hindrance
the
affidavitor
of not
witness
on the with documentary requirements
same
deforestation resulted or is
fishersas
in to
municipal
waters
deleterious effects
harm
and/or
real hazard
to human
& fishery
species
fishing, or Affidavit of expert
witness as to the hazard and
deleterious effects of the
deforestation
161
Possible violation: Logging in

critical habitats (Sec. 27(c)(v), RA
9147)

Logging in critical habitats in
relation to Upland deforestation:
Penalties:
Where to file:
eight years and/or
Prosecutors Office
Elements:
1. Logging activity is undertaken
in an area by the violator
logging activities were
pesos
2. The activity is done in a critical
undertaken in an upland area
habitat
as declared
by the Requirements
B. Failure
to Comply
with Report
DENR Secretary in accordance
logging activities in an upland
with Section 25 of RA 9147.
Note:
Logging is not defined in any legal
document in the Philippines. Other
sources define logging as the work
of cutting
downActivities
trees for timber
the upland areaFish
is designated
C. Illegal
Fishing
or Fishery Products
(www.thefreedictionary.com/logging)
as a critical habitat
or the work
of felling, trimming
andeggs or fry
1. Capture
of breeders,
spawners,
transporting timber.
Logging, for purposes of this
Manual, is a commonly-used term
which means cutting in PD 705,
encompassing both small- and
large-scale cutting
of trees. of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and Operation
issuance of tax declaration (Sec.
85, PD 705)
Elements:
employee;
2. Offender issues tax declaration

declaration in relation to Upland
deforestation:
162
Penalties:
Where to file:
Prosecutors Office
Perpetual disqualification
from holding elective or
appointive office
to a real property
the offender is a public officer
3. He issued such tax declaration
or employee;
3. Failure
Comply with
Standards
withouttocertification
from
Director of Forest Development To prove element # 2:
AND Director of Lands (now
Certified True Copy of the tax
DENR based on EO No. 192)
that the area declared for
taxationinisoverexploited
alienable and or fishery management
affixed to it;areas
4. Fishing
disposable land
no such A & D certification
was issued; or
Certification that the upland
area is a forest land and not
classified
& D;
or as
notA complying
issued for the upland area; and
municipal waters
LGU that thefishers
subjectinproperty
is not occupied or possessed
1955.& fishery species
Possible violation: Kaingin (Sec.
53, PD 705)
Elements:
1. Offender made kaingin
a. after May 19, 1975 or
b. before May 19, 1975 but
increased their clearings after

Kaingin in relation to Upland
deforestation:
Penalties:
Where to file:
Prosecutors Office

Certification by DENR or
affidavit of witnesses that
offender made kaingin or
Fine: equal to 8 times the

regular forest charges due
on the forest products
destroyed, without prejudice
163
May 19, 1975 and/or

c. failed to undertake upon
notice the activities imposed
upon them by proper
government agency in
accordance with the
management plan for the
said forest or grazing land
increased clearings after May

19, 1975 or failed to undertake
upon notice the activities
imposed upon them by proper
government agency in
accordance with the
management plan for the said
forest or grazing land
Inventory of cut trees (to
include volume and height)
management plan
to the payment of the full

cost of production of the
occupied area as determined
by the Forest Management
Bureau
Maximum penalty prescribed
herein for offender who
repeats the same offense
penalty upon the offender
who commits the same
offense for the third time.
Eviction and forfeiture to the

government of all
improvements, all vehicles,
domestic animals and
equipment of any kind used
in the commission of the
offense
If offender is a government
official or employee,
automatic dismissal from
office and perpetual
disqualification from elective
and appointive positions
(Section 78)
164
Possible violation: Burning in

critical habitats (Sec. 27(c)(iv), RA Burning in critical habitats in
3. Failure to Comply with Standards relation to Upland deforestation:
9147)
Elements:
1. Burning activity is undertaken
in an area by the violator
burning activities were
2.
The activity
is done in a critical
undertakenareas
in upland area
4. Fishing
in overexploited
habitat as declared by the
DENR Secretary in accordance
burning activities in mangrove
with Section 25 of RA 9147.
Penalties:
Where to file:
eight years and/or
Prosecutors Office

pesos

- permits
PAWB certification
or issuance
or not complying
that the upland area is
I. Water Pollution
1. 6.
Discharge
transportcommercial
of pollutantsfishers in municipal waters
Intrusionor
ofdumping
licensed and/or
and unlicensed
Possible violation: Dumping
waste products in critical habitats Dumping waste products in
detrimental to wildlife (Sec.
critical habitats detrimental to
7. Marketing
and buying illegally-caught
fishin&relation
fishery species
27(c)(i),
RA 9147)
wildlife
to Discharge
or dumping and/or transport of
Elements:
pollutants:
1. Waste products are dumped in
a place by the violator
2. The waste products dumped
dumping of waste products in
are detrimental to wildlife
3. The place is a critical habitat
a particular place by the
offender
declared by the DENR
165
Penalties:
Where to file:
eight years and/or
Prosecutors Office

pesos
Secretary in accordance with

Section 25 of RA 9147.
Report on the dumping of

waste products in a place
dumping of waste products
Sample of waste products
an alien.
every three years
(Section 28)

waste products
Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of waste
products to wildlife, or affidavit
of expert witness
as or
to the
Fish
Fishery Products
1. Capture of breeders, spawners, eggs or fryproducts on wildlife
the place is designated as a
critical habitat
Possible violation:
Introduction
Recommended
evidence
forFish Cages
Penalties:
2. Construction
and Operation
Fish
Pens and
of wildlife resources (Sec. 27 (d),
Introduction of wildlife resources
RA 9147)
in relation to Discharge or
dumping and/or transport of
eight years and/or
Elements:
pollutants:
1. Wildlife resources are
introduced in an area
pesos
2. No permit was issued for the
Report on the introduction of
introduction of the wildlife
wildlife resources in an area
resources
such as release of ballast
166
Where to file:
Prosecutors Office
water with exotic species from

Note: The wildlife resources
vessels
3. Failure may
to Comply
with Standards
introduced
be considered
a
pollutant in certain instances based
there was introduction of
the act.
on the following legal definitions:
wildlife resources
Deportation , without any
Introduction means bringing species
introduction of wildlife
into
the wildin
that
is outside its or fishery management
resources areas
4. Fishing
overexploited
normal habitat (Section 5 (p),
Wildlife Act)
an alien.
Sample of the discharged
Pollutant- shall refer to any
ballast water
substance, whether solid, liquid,
Photo or video while taking
gaseous or radioactive, which
sample of discharged ballast
every three years
directly or indirectly:
water
- permits
Result of
(Section 28) requirements
orlaboratory
(i) alters the quality of any
examination
segment of the receiving
Certification by BFAR/ PAWB/
water body to affect or
PCSD that the discharged
tend to affect adversely
ballast water contains exotic
any beneficial use thereof;
species
6. Intrusion
commercial
XXXof licensed and unlicensed
To prove
elementfishers
#2: in municipal waters
Certification by BFAR/ PAWB/
(iii) imparts objectionable
PCSD that no permit was
odor, temperature change,
issued for the introduction,
or physical, chemical or
reintroduction or restocking of
biological change to any
wildlife resources
segment of the water
body; or
XXX
(Section 4 (bb), RA 9147)
167
Possible violation: Discharge of

material that causes pollution or
obstructs natural flow (Sec. 27
(a), RA 9275)
Elements:

Discharge of material that
causes pollution or obstructs
natural flow in relation to
Discharge or dumping and/or
transport of pollutants:
Penalties:
Where to file:
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB

1. Violator is in the act of
Fine: P10,000.00 to
Affidavit of witness as to the:
discharging, depositing or
o discharge or deposit of
causing to be deposited
material of any kind;
material of any kind
10% every 2 years
o location of the discharge or
2. Act is being done directly or
deposit
indirectly into the water bodies
Report on the discharge or
or along the margins of any
deposit of material
kind Products
water
C. Illegalsurface
Fishing
Fishoforany
Fishery
Photo or video showing the act disconnection of water
3. Material shall be liable to be
- frySample of deposited material
washed
into suchspawners,
surface eggs or
1. Capture
of breeders,
water, either by tide action or
by storm, floods or otherwise,
parte pending case)
4. Material could cause water
pollution or impede natural flow
(Section 28)
deposited material
in the water body.
Affidavit of expert witness
(when necessary)
and
Fish Pens
and Fish Cages
certification that material:
o shall be liable to be washed
into such surface water,
either by tide action or by
storms or floods, or
otherwise, or
o could impede or obstruct
navigation or
o could cause water pollution
168
Possible violation: Pollution of

Penalties:
groundwater (Sec. 27 (b), RA
Pollution of groundwater in
3. Failure to Comply with Standards relation to Discharge or dumping
9275)
and/or transport of pollutants:
Elements:
Secretary, upon PAB
recommendation:
Affidavit of witness as to act of
discharging,
injecting or or fishery management
discharging,
injecting or
Fine: P10,000.00 to
4. Fishing
in overexploited
areas
allowing to seep into the soil or
allowing to seep into the soil or P200,000.00 for every day of
sub-soil any substance in any
form
form
10% every 2 years
2. Substance would pollute
Report on the act in a place
groundwater
Photo or video showing the act Closure, suspension of
3. Does not fall under the
Sample of substance being
exception
discharged, injected or
allowedor
to not
seepcomplying with documentary
disconnectionrequirements
of water
Exception:
In the case of geothermal projects,
parte pending case)
and subject to the approval of the
DENR, regulated discharge for
(Section 28)
short-term activities (e.g. well
6. Intrusion
of licensed
testing,
flushing,
commissioning,
substance fishers in municipal waters
venting) and deep re-injection of
Certification that the
geothermal liquids may be allowed
substance would pollute
as long as safety measures are
groundwater and that it does
adopted to prevent the
not fall under any of the
contamination of the groundwater.
exceptions
Affidavit of expert witness that
Note:
the substance would pollute
Possible sources include oil and
ground water
grease from car repair shops, mine
tailings, lead and acid from
neighborhood car battery and
electronics recycling shops
169
Where to file:
EMB Regional
Director or PAB
Possible violation: Disposal of

potentially infectious medical
wastes into sea by vessels (Sec.
27 (d), RA 9275)
Elements:

Disposal of potentially infectious
medical wastes into sea by
vessels in relation to Discharge
or dumping and/or transport of
pollutants:
Penalties:
Where to file:
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
Vessel disposes medical waste
Affidavit
of
witness
as
to
the
into
sea
disposal of medical waste;
10% every 2 years
2. Medical waste is potentially
location of disposal; and that
infectious
the condition of health and
safety of individuals on board
exception - the health or safety
the vessel is not threatened by or cessation of operations or,
of individuals on board the
a great and imminent peril
vessel is threatened by a great
Report on the disposal of
and imminent peril
medical waste Fish or Fishery Products
Photo or video showing the act parte pending case)
1. Capture of breeders, spawners, eggs or fryof disposal
(Section 28)
Sample of disposed medical
waste
laboratory examination that
medical waste
is potentially
Fish Pens
and Fish Cages
infectious
Affidavit of expert witness or
Certification that the medical
waste is potentially infectious
1.
170

transport or dumping into sea
Unauthorized transport or
3. Failure
to Comply
withor
Standards
waters
of sewage
sludge
solid
dumping into sea waters of
waste (Sec. 27(e), RA 9275)
sewage sludge or solid waste in
relation to Discharge or dumping
Elements:
Penalties:
Where to file:
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
prove Element
#1:
1.4. Fishing
There isintransport
or dumping
overexploited
or fisheryTo
management
areas
into sea water of sewage
transport or dumping of
10% every 2 years
sludge or solid waste as
sewage sludge or solid waste
defined in RA 9003
into sea water
2. Transport or dumping is
Report on the transport or
unauthorized
dumping of sewage sludge or
solid waste into sea water or
Affidavitor
of not
witness
on the with documentary
complying
requirements
transport or dumping of
parte pending case)
into sea water by the offender
Sample of dumped sewage
(Section 28)
sludge or solid waste
waters
laboratory examination
of
the transport or dumping of
into sea water has no permit
171
Possible violation: Transport,

dumping or discharge of
prohibited chemicals, substances
or pollutants listed under
Republic Act No.6969 (Sec. 27(f),
RA 9275)
Elements:

Transport, dumping or discharge
of prohibited chemicals,
substances or pollutants listed
under Republic Act No.6969 in
Penalties:
Where to file:
Secretary, upon PAB
recommendation:
EMB Regional
Director or PAB
Fine: P10,000.00 to
10% every 2 years

1. There is transport, dumping or
act of transport, dumping or
discharge
discharge of prohibited
2. Substances being transported,
chemicals, substances or
dumped or discharged are
pollutants listed under RA
prohibited chemicals,
6969 or Report on the act of
transport, dumping or
under RA 6969
parte pending case)
pollutants
listed
under
RA
6969
(Section 28)
of transport, dumping or
6969
Sample of prohibited
6969
Photo or video showing act of
getting samples of the
substances or pollutants
transported, dumped or
172
discharged
3. Failure to Comply with Standards To prove Elements #2:

the transported, dumped or
discharged substances are
areas
under RA 6969
Possible violation: Operate
Penalties:
facilities that discharge
Operating facilities that
prohibited chemicals (Sec. 27 (g),
discharge prohibited chemicals
RA 9275)
Secretary, upon PAB
dumping
and/or
transport
of with documentary
recommendation:
permits
or not
complying
requirements
Elements:
pollutants:
Fine: P10,000.00 to
1. Violator operates facilities that
discharge or allow to seep,
willfully or through gross
operation of facilities that
10% every 2 years
negligence, prohibited
discharge or allow to seep
6. Intrusion
of substances
licensed and
chemicals,
or unlicensed commercial
pollutants listed under R. A. No.
6969
under RA 6969 or Report on
2.
Prohibitedand
chemicals,
the same
7. Marketing
buying illegally-caught fish
& fishery species
substances or pollutants are
discharged or allowed to seep
operation of facilities
into water bodies or shall be
Sample of discharged
parte pending case)
liable to be washed into such
surface, ground, coastal, and
(Section 28)
marine water
under RA 6969
laboratory examination
showing that the discharged
173
Where to file:
EMB Regional
Director or PAB
substances are prohibited

6969
Affidavit and Certification that
the prohibited chemicals,
substances or pollutants are
discharged or allowed to seep
into water bodies or shall be
liable to be washed into such
surface, ground, coastal, and
marine water
Penalties:
activities
in violation
of the
Undertaking
activities
C. Illegal
Fishing
Activities
andEIA
Dealing in
Illegally-Caught
Fishinor Fishery Products
9275) of breeders, spawners, eggs or
1586
Secretary, upon PAB
1. Capture
fryin relation to Discharge or
recommendation:
Elements:
pollutants:
Fine: P10,000.00 to
a. activities or
development and
10% every 2 years
activities or
development
and Cages
expansion
of project,
2. Construction and
Operation
Fish
Pens and Fish
expansion of projects or
or
operated
wastewater/sewerage facilities or cessation of operations or,
wastewater/sewerage
Report on the
facilities
2. Acts violate the Environmental
parte pending case)
the offender
regulations.
(Section 28)
174
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

3. Failure
to Comply
Standards
1586,
see complete
listwith
in Annex
4.
lack of ECC; or
conditions violated
ECC conditions
areas
Penalties:
discharge of regulated water
Illegal discharge of regulated
pollutants (Sec. 27 (i), RA 9275)
water pollutants in relation to
Secretary, upon PAB
Elements:
recommendation:
1.
Violatorwithout
discharged
regulated
- permits
Affidavitor
of not
witness
as to the
Fine: P10,000.00
to
5. Fishing
license
or necessary
complying
with documentary
requirements
water pollutants
2. Discharge is without the valid
pollutants or Report on the
required discharge permit
said act
10% every 2 years
pursuant to this Act or was
done after the permit was
Sample of regulated water
revoked for any violation of
pollutants
6. Intrusion
fishers in
conditionof
therein
- commercial
of municipal waters
regulated of water pollutants
Apprehension
with
fish
& fishery report
species
parte pending case)
Certification that the discharge
is without the valid required
permits or made after the
permit was revoked for any
violation of any condition
therein
175
(Section 28)
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

4(a), PD 979)
Elements:

Violation of Sec. 4(a) of the
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office
for the criminal
charges
years
To prove Elements #1, 3 & 4:
Affidavit of witness or Report
Act is in violation of Section 4 of PD
as to the following:
979, such
that:
B. Failure
to Comply
o
The violator discharged,
1. Violator discharges, dumps or
dumped or suffered,
suffers, permits the discharge
permitted the discharge of accordance with existing
of substances
substances
laws
2. Such substances are either oil,
o
The discharge was from
noxious gaseous and liquid
or out of any ship, vessel, If discharge is oil or other
harmful substances:
substances and other harmful
barge, or any other
floating craft,
oror
other
C. Illegalsubstances
Fish
Fishery Products
Fine: P500,000.00 to
3. The discharge is from or out of
man-made structures
any
ship,
vessel,
barge,
or
any
o
The
discharge
was
made
each day of violation
other floating craft, or other
at sea by any method,
man-made structures
means or manner, into or
Withholding of clearance of
4. The discharge is made at sea
upon the territorial and
by any method, means or
inland navigable waters of such vessel from Philippine
port until the fine is paid
manner, into or upon the
the Philippines.
territorial and inland navigable
Liability for cleanup costs by
waters ofand
the Philippines.
above Fish Pens and Fish Cages
2. Construction
the owner or operator of a
vessel or facility which
discharged the oil or other
Sample of the substance
harmful substances
discharged
taking samples
Suspension of Seafarers
discharged oil harmful
Identification Record Book
176
Philippine Coast
Guard and MARINA
for the administrative
charges
substance
pollution caused by the
harmful substance

GPS reading as to location of
ship, vessel,
barge, floating
areas
craft or other man-made
structure
Certification by NAMRIA or Coast
Guard as to the location of ship,
vessel, barge, floating craft or other
man-made structure
(SIRB) and Qualification

Documentation Certificate
(QDC) and License
(MARINA Regulations)
Possible
violation:
Recommended
evidence
for with documentary
Penalties: requirements
5. Fishing
without Violation
license orof
necessary
permits or not
complying
Violation of Sec. 4(b) of the
Fine: P50,000.00 to
4(b) of PD 979)
relation to Discharge or dumping P1,000,000.00
Elements:
years
6. Intrusion
of licensed
and
unlicensed
fishers as
in to
municipal
waters
- commercial
the
Act
is in violation
of Section
4 of
PD
incident and location of the
979, such that:
source or Investigation report
1.
Offender throws,
discharges
or
on the
incident species
and location
7. Marketing
and buying
illegally-caught
fish
& fishery
deposits, dumps, or causes,
Photo or video showing the act accordance with existing
suffers or procures to be
laws
thrown, discharged, or
deposited
Sample of the refuse matter
Photo or video of sampling
3. any refuse matter of any kind or
activity
description whatever other than Results/certification of
that flowing from streets and
laboratory examination of the
sewers and passing therefrom
refuse matter
177
Where to file:
Prosecutors Office
4.
in a liquid state
into tributary of any navigable
water from which the same
Affidavit of witness or expert

witness, when necessary, as
to the possibility of refuse
matter being washed into the
navigable water

Photo or video of tributary
showing that it is a tributary of
a navigable water
Certification from the NAMRIA
or PCG that the tributary is a
tributary of a navigable water
Penalties:
Violation of Sec. 4(c) of the
par 5, Fishing
RA 9275Activities
in relationand
to Sec.
Marine
Pollution Decree
Fine: P50,000.00 to
C. Illegal
Dealing in
Illegally-Caught
Fish orinFishery Products
4(c), PD 979)
relation to Discharge or dumping P1,000,000.00
and/or
fry transport of pollutants:
Elements:
years
deposit of material of any kind
979, such that:
or Investigation report on the
1. Violator
incident
accordance with existing
a. and
deposits
or causes,
Photo or video
showing
actCages
laws
2. Construction
Operation
Fish Pens
andthe
Fish
suffers or procures
b. to be deposited
2. material of any kind
3. in any place
a. on the bank of any
Sample of deposited material
navigable water or
b. on the bank of any
activity
tributary of any
navigable water,
178
Where to file:
Prosecutors Office
4.
Material shall be liable to be

deposited material
washed into such navigable
3. Failure
Comply
with Standards
water, to
either
by ordinary
or high
witness, when necessary, that
tides, or by storms or floods, or
material:
otherwise,
o
shall be liable to be
5. Material shall or may
washed into such
a. impede or obstruct
navigable water, either by
or or fishery management
ordinary
or high tides, or
4. Fishing in navigation
overexploited
areas
b. increase the level of
by storms or floods, or
pollution of such
otherwise, or
water.
o
shall or may impede or
obstruct navigation or
Exceptions:
o
shall or may increase the
1. Emergency imperiling life or
level of pollution of such
property, or
water
2.
Unavoidable
accident,
- permits
Certification
bycomplying
NAMRIA orwith documentary requirements
5. Fishing
without
licensecollision,
or necessary
or not
or stranding or
PCG that water is a navigable
3. In any cases which constitute
water
danger to human life or
property or
4. A real threat to vessels, aircraft,
platforms, or other man-made
6. Intrusion
structure,oforlicensed and unlicensed commercial fishers in municipal waters
5. If dumping appears to be the
only way of averting the threat
and if there is probability that
the damage consequent upon
such dumping will be less than
would otherwise occur, and as
otherwise permitted by
regulations prescribed by the
National Pollution Control
Commission or the Philippine
Coast Guard
179

violation of the Clean Water Actdeliberate discharge of toxic
pollutants (Sec. 28 (a), RA 9275)
Elements:

Water Act- deliberate discharge
of toxic pollutants in relation to
Penalties:
Where to file:
Fine: P500,000.00 to
Prosecutors Office
Violator deliberately discharges
years, or both
toxic
pollutants
identified
Affidavit
of
witness
or
Report
pursuant to RA 6969
as to the deliberate discharge
2. Toxic pollutants are in toxic
of toxic pollutants
amount
Photo or video showing the act manager, and pollution
Sample of toxic pollutants
discharged
Photo or video showing the act suffer penalty herein
of taking samples
provided
- Illegally-Caught
Fish of
or Fishery Products
the
toxic
pollutant
is
identified
pursuant to RA 6969
issue a resolution
the violators.
Certification by the DENREMB that Fish
the discharged
(Section 28)
Pens and Fish Cages
substance is in toxic amount
1.
180

Penalties:
violation of the Clean Water ActGross violation of the Clean
3. Failure violations
to Complyof
with
Repeated
theStandards
Clean
Water Act- Repeated violations
Water Act within 2 years (Sec. 28
of the Clean Water Act within 2
Fine: P500,000.00 to
(b), RA 9275)
years in relation to Discharge or
Elements:
pollutants:
1. Violator committed at least 5
years, or both
EMB or PAB Orders showing
at least 5 violations
Act
2. Commission is within a period
of two years
date of commission of 5
violations
a period ofwith
2 documentary
suffer penaltyrequirements
herein
orwithin
not complying
years
provided
issue a resolution
the violators.
181
(Section 28)
Where to file:
Prosecutors Office

violation of the Clean Water ActBlatant disregard of PAB orders
(Sec. 28 (c), RA 9275)
Elements:

Water Act- Blatant disregard of
PAB orders in relation to
1. There is a PAB order

2.
Violator
blatantly
disregards
the
Certified True Copy of PAB
PAB order
Order/s
Penalties:
Where to file:
Fine: P500,000.00 to
Prosecutors Office
years, or both
Examples:
non-payment of fines
breaking of seals
operating despite the existence
activities in blatant disregard
of an order for closure,
of the PAB order/s
provided
or cessation
of
- Illegally-Caught
Report on the Fish or Fishery Products
C. Illegaldiscontinuance
Fishing Activities
and Dealing
in
operation.
issue a resolution
the violators.
(Section 28)
182

Penalties:
pollution - Introduction of
3. Failure toor
Comply
substances
energywith
withStandards of substances or energy with
4(4), RA 8550)
Elements:
prove Elements
#1:
4. Fishing in overexploited or fisheryTo
management
areas
1. Human or machine, directly or
indirectly, introduces
introduction by human or
substances or energy to
machine of substance or
(Section 102)
aquatic environment
energy to aquatic environment
2. Introduction results to, or is
or Report on the above act
likely to result to, deleterious
non-living
aquatic
resources,
inventory
receipt
5. Fishing
without
license
orand
notseizure
complying
Sample of substance
environment
navigation
activity
fishers in
- commercial
of municipal waters
substance or energy
substance or energy resulted
to, or is likely to result to,
183
Where to file:
Prosecutors Office

pollution - waste
dumping/disposal (Secs. 102 &
4(4), RA 8550)
Elements:

Aquatic pollution - waste
dumping/disposal in relation to
Penalties:
Where to file:

Prosecutors Office

1. A person/entity dump or
dispose
waste
and
other
dumping
or
disposal
of
waste
marine litters
and other marine litters to
2. The dumping/disposal is from
aquatic environment or Report
(Section 102)
any water, land or air transport
on the above act
or other human-made structure
3. The dumping is made to the
aquatic environment
4. The dumping or disposition
is likely toand
result
in
ToIllegally-Caught
prove Element #4:
C. Illegalresulted
FishingorActivities
Dealing
in
such deleterious effects as to
Sample of waste or other
harm
and non-living
1. Capture
of living
breeders,
spawners, eggs or frymarine litters
activity
human health,
waste or other marine litters
Certification that the dumping
navigation
or disposal
of waste
marine
Fish
Pens or
and
Fish Cages
litters resulted or is likely to
result in such deleterious
hazard to human health, or
navigation
184

Penalties:
pollution - Discharge of
Aquatic pollution - Discharge of
3. Failure to
Comply with Standards petroleum, carbonaceous
petroleum,
carbonaceous
materials/substances, other
radioactive, noxious or harmful
liquid substances (Secs. 102 &
liquid substances in relation to
4(4), RA 8550)
of pollutants:
4. Fishing in overexploited or fisherytransport
management
areas
Elements:
1. A person/entity discharges
Affidavit of witness as to discharge (Section 102)
petroleum, carbonaceous
of petroleum, carbonaceous
materials/ substances, other
liquid substances
liquid substances or Report on the
2.
The discharge
from any
act
5. Fishing
withoutislicense
water, land or air transport or
other human-made structure
3. The discharge is made to the
aquatic environment
4. The discharge resulted or is
To prove Element #4
6. Intrusion
of licensed
deleterious
effects asand
to harm
substance fishers in municipal waters
activity
health, hindrance to the aquatic
discharged substance is
navigation
liquid substances
Certification that the discharge of
185
Where to file:
Prosecutors Office

liquid substances resulted or is
likely to result in such deleterious
effects as to harm living and nonliving aquatic resources, pose
human health, or hindrance to the
aquatic activities such as fishing
and navigation
1586)
Elements:

pollutants:
Penalties:
Where to file:

for every violation
Regional EMB
Director
1. The
projectActivities
is a declared
ToIllegally-Caught
prove Elements #1
and
C. Illegal
Fishing
and ECP
Dealing in
Fish
or#2:
Fishery Products
Certification from the EMB that
2. Actual
undertaking
or operating
1. Capture
of breeders,
spawners,
eggs or frythe project is an ECP or is in
an ECA
the declared ECP or project in
an ECA by a person,
partnership or corporation
activities or operating project
that is a declared ECP or in an
For a list of ECPs and ECAs, see
ECA
Annex 4.
2. Construction
abovementioned activities or
lack of ECC
186

ECC terms and conditions (Sec.
Violation of ECC terms and
3.PD
Failure
9,
1586)to Comply with Standards conditions in relation to
Elements:
Penalties:
Where to file:
the ECC
EMB Regional Office

1. An ECC was issued for the
for every violation
project in overexploited or fishery- management
Certified copy
of the ECC
4. Fishing
areas
2. There is a violation of the
ECC
Investigation report as to the
violationor not complying with documentary requirements
1586)

Penalties:
Elements:
the ECC
commercial
fishers
To prove
Elements
#1-2:in municipal waters
1. There are standards, rules, and Certified copy of the EMB
regulations issued by the EMB
standards, rules and
for every violation
pursuant to
PDbuying
1586 illegally-caught fish
regulations
violated
7. Marketing
and
& fishery
species
2. Violation of the standards, rules Affidavit of witness or
and regulations
Investigation report as to
rules and regulations issued
by the EMB
act, if applicable
187
Where to file:
EMB Regional Office
Possible violation: Littering,

throwing, dumping of waste
matters in public places (Sec. 48
(1), RA 9003)
Elements:

Littering, throwing, dumping of
waste matters in public places in
Penalties:
Where to file:
Fine: P300.00 to P1,000.00

or
Prosecutors Office
Community service: 1 to 15
days to an LGU where such
Photo or video showing the act prohibited acts are
1. Actual littering, throwing,
of littering, throwing, dumping
committed, or both;
dumping
of waste
B. Failure
to Comply
withmatters,
Report or
Requirements
of waste matters or causing or
causing or permitting the same;
permitting the same in public
(Sec. 49, par (a))
2. Acts done in public places,
places, such as roads,
such as roads, sidewalks,
sidewalks, canals, esteros or
canals, esteros or parks, and
parks, and establishment
establishment.
Report or Affidavit of witness
on the act of littering, throwing,
dumping or waste
matters
or Products
Fish
or Fishery
causing or permitting the same
1. Capture of breeders, spawners, eggs or fryin public places and
establishment
Possible violation: Transporting
Penalties:
and dumping in bulk wastes in
Transporting and dumping in
areas other than centers or
bulk wastes in areas other than
Fine: P10,000.00 to
facilities prescribed (Sec. 48 (13),
centers or facilities prescribed in P200,000.00
RA 9003)
relation to Discharge
orand
dumping
2. Construction
Fish Pens
Fish Cages
or
Elements:
1. Violator transports and dumps
years, or Both
in bulk collected domestic,
as to the transport and
dumping in bulk of collected
industrial, commercial, and
(Sec. 49, par (e))
institutional wastes
wastes in areas other than
If the offense is committed
2. Dumping was made in areas
centers or facilities prescribed
other than centers or facilities
under the law
by a corporation, partnership,
188
Where to file:
Prosecutors Office
prescribed under the law

Certification by EMB showing
that the area where the
collected wastes were dumped
are areas other than centers
or facilities prescribed under
the law
-
or other juridical identity duly

recognized in accordance
with the law, the chief
executive officer, president,
general manager, managing
partner or such other officerin-charge shall be liable for
the commission of the
offense penalized under this
Act.
After service of the sentence,

deportation without further
administrative proceedings, if
the offender is an alien
Fines shall be increased by
at least ten (10%) percent
every three (3) years
(Section 49)
6. Intrusion
of licensed
and unlicensed
commercial fishers
in for
municipal waters
Possible
violation:
Storage,
Recommended
evidence
Penalties:
importation or bringing into
Storage, importation or bringing
Philippine territory hazardous and into Philippine territory
Imprisonment: 12 years and
nuclear
wastes
(Sec.
13(d),
RA
hazardous
and nuclear
wastes in 1 day to 20 years
7. Marketing
and
buying
illegally-caught
fish & fishery
species
6969)
Deportation and bar from any
Elements:
subsequent entry into the
Philippines after serving his
or her sentence if the
1. Violator
as to the causing, aiding or
offender is a foreigner
a) causes, aids or facilitates,
facilitating in the storage,
directly or indirectly, in the
importation or bringing into
(Section 14 (b)(i))
storage, importation, or
Philippine territory any amount
bringing into Philippine
189
Where to file:
Prosecutors Office
EMB for
administrative
charges
territory, including its

of hazardous and nuclear
For managing partner,
maritime economic zones
wastes or
president or chief executive
even in transit, either by
of corporations/associations:
means of land, air or sea
as to the actual storage of any
transportation,
amount of hazardous and
Exemplary damage: at least
or
nuclear wastes in any part of
P500,000.00
b) keeps in storage in any
the Philippines.
part of the Philippines.
If foreign firm, the director
prohibited
acts
and all officers of such
2.
Any
amount
of
hazardous
and
Sample of hazardous or
foreign firm shall be barred
nuclear wastes
nuclear waste involved
from entry into the Philippine,
activity
Cancellation of its license to
do business in the
Philippines
hazardous or nuclear waste
- Illegally-Caught
Certification of Fish
NAMRIA
or
(Section 14 (b)(ii))
or Fishery
Products
Coast Guard as to the location
1. Capture of breeders, spawners, eggs or frywhen necessary (e.g. in transit In case offender is a
or in maritime economic zone)
government official/employee
- automatic dismissal from
office and permanent
disqualification from holding
any elective or appointive
position
(Section 14 (b)(iii))
Confiscation or forfeiture of
the proceeds of the unlawful
act and instruments, tools or
other improvements including
vehicles, sea vessels, and
aircrafts used
190
(Section 14 (c))
Obligation to transport or
send back hazardous or
nuclear wastes
Forfeiture of any and all

means of transportation,
including all facilities and
appurtenances that may
have been used in
transporting to or in the
storage in the Philippines of
any significant amount of
hazardous or nuclear wastes
(Section 14 (d))
Administrative fine:
P10,000.00 to P50,000.00
(Section 15)
7. Marketing
and buying
fish & fishery
species
Possible
violation:
Failureillegally-caught
to
Recommended
evidence
for
undertake clean up operations
Failure to undertake clean up
(Sec. 28, par 2, RA 9275)
operations in relation to Failure to
clean-up pollution:
Elements:
1. There is an order to undertake
A certified copy of the order to
clean-up operations
undertake clean-up operations
2. Violator fails or refuses to
191
Penalties:
Where to file:
Fine: P50,000 to P100,000

per day for each day of
violation, and
Prosecutors Office
(Section 28, paragraph 2)

Affidavit of witness or Report as
to
o
the failure or
refusal to
undertake cleanup operations
o
and that the
failure or refusal
was done willfully
affected area before and after
the order to clean up
3.
Failure or refusal is done

negligence

Penalties:
clean up that results to serious
Failure to clean up that results to
injury Fishing
(Sec. 28,Activities
par 2, RAand
9275)
injury in relation
Fine: P500,000 per day for
C. Illegal
Dealing serious
in Illegally-Caught
Fish orto
Fishery Products
Failure to clean-up pollution:
each day during which the
omission and/or
Elements:
contamination continues;
A certified copy of the order to
and
1. There is an order to undertake
clean-up operations
2. Violator fails or refuses to
day to 12 years
Affidavit of witness or Report as
3. Failure orand
refusal
is doneof Fish Corrals/Traps,
to
(Section 28, paragraph 2)
2. Construction
Operation
o
the failure or refusal to
negligence
undertake clean-up
4. Failure or refusal results in
operations
a. serious injury or loss of
o
and that the failure or
life, and/or
refusal was done
b. irreversible water
willfully
o
and the resulting
contamination of surface,
serious injury or loss of
ground, coastal and
marine water.
life and/or irreversible
192
Where to file:
Prosecutors Office
water contamination
the order to clean up

Photo or video showing serious
injury or loss
of life and/or
areas
irreversible water contamination
Water sample
Laboratory result and
Certification showing
relationship between the loss of
life, serious injury or irreversible
water contamination of surface,
ground, or
coastal
and marinewith documentary requirements
not complying
water and failure to cleanup
Penalties:
violation of the Clean Water ActGross violation of the Clean Water
Blatant disregard of PAB orders
Act- Blatant disregard of PAB
Fine: P500,000.00 to
(Sec. 28 (c), RA 9275)
orders in relation to Failure to
commercial
clean-up
pollution:
Elements:
1.
There is aand
PABbuying
order illegally-caught
Certified
copy ofspecies
PAB Order/s to years, or both
7. Marketing
fish & fishery
2. Violator blatantly disregards
clean up
the PAB order
the order to clean up in blatant
disregard of the PAB order
provided
activities
193
Where to file:
Prosecutors Office
Certification or Report by EMB

that offender has not
undertaken cleanup operations
in blatant disregard of the PAB
Order
(Section 28)

9, PD 1586)
Elements:

issue a resolution
the violators.

conditions in relation to Failure to
clean-up pollution:
Penalties:
Where to file:
Suspension or cancellation
of the ECC
EMB Regional Office

3. AnFishing
ECC was
issued for
the
Certified copy ofFish
the or
ECC
for every violation
C. Illegal
Activities
and
Dealing -in Illegally-Caught
Fishery Products
project
4. There
is a violation
of the eggs To
prove Element #2:
1. Capture
of breeders,
spawners,
or fry
ECC
violation
the Terms and Conditions of the
ECC in a mining or quarrying
project (Section 108, RA 7942)
1.
Offender is a holder of an ECC


mining or quarrying project in
relation to Illegal discharge of
mine tailings:
194
Penalties:
Where to file:

to six (6) years
Prosecutors Office
or
2.
Offender wilfully violates or

grossly neglects to abide by
(P50,000.00)
3. Failure
to Comply
with Standards
the terms
and conditions
of the
in a mining or quarrying project to Two hundred thousand
ECC
pesos (P200,000.00)
3. The failure or neglect caused
ECC has been issued
(optional)
through pollution
prove Element
#2:
court
4. Fishing in overexploited or fisheryTomanagement
areas
conditions of the ECC,
particularly illegal discharge of
mine tailings
Report or Affidavit of witness
on the willful
violation
and with documentary requirements
or not
complying
gross negligence to abide by
ECC, particularly illegal
discharge of mine tailings
fishers
in municipal waters
- commercial
Air, land, water
sample
samples
Certification by EMB as to the
through pollution brought
about by the discharge of mine
tailings
195

(Sec. 179, DAO 2010-21 in

an ECC in relation to Illegal
discharge of mine tailings:
Elements:
2.
Mining
project
has
no
ECC
operating mining project
showing that contractor or
permit holder is operating
mining project
Penalties:
Where to file:

Prosecutors Office

lack of ECC
Possible
noteggs Recommended
evidence for
1. Capture
ofviolation:
breeders, Practice
spawners,
or fry
in accordance with anti-pollution
laws and regulations in mining
154, DAO 2010-21)
Illegal discharge of mine tailings:
Penalties:
Remedy any practice

To prove Element
2. Construction
Fish#1:
Pens and Fish Cages
Certification from the MGB that 2000-98; and
1. Violator is a
violator is a
Contractor/Permittee/Lessee/P Suspension of the operations
quarrying project
quarrying project
(Sec. 154, DAO 2010-21)
Certified Copy of the contract
/lease agreement or permit of
not in accordance with antia mining or quarrying project
(optional)
196
Where to file:
MGB Regional
Director, EMB
PAB

3. Failure to Comply with StandardsPhoto or video showing that
violator discharges mine
tailings not in accordance with
regulations
4. Fishing in overexploited or fishery- management
areas that violator
discharges mine tailings not in

taken by the
Permit
Remedial measures
(Sec. 175, DAO 2010-21)

laboratory
of with documentary requirements
or examination
not complying
samples
Certification from EMB as to
to the environment brought
about by the discharge of mine
tailings
Other evidence:
inventory and seizure receipt,
if applicable
197
Possible violation:
mining contract (Sec. 21, RA
7076)

mining contract in relation to
Penalties:
Where to file:
MGB for the

administrative
charges under
Section 21
Ejectment from the smallscale mining area
Elements:
1. Peoples small-scale mining
Certified copy of the contract
contract
was
issued
to
the
P20,000.00
and not more
Investigation
report
or
Affidavit
contractor
than P100,000.00, which may
of witness(es) on the illegal
2. Contractor failed to comply
be imposed by the Secretary
discharge of mine tailings as a
with the terms and conditions
of the contract
(Section 21)
conditions of the contract (if
applicable)
illegal discharge of mine
years
tailings as a violation
of Fishery
the
Fish or
Products
contract
instruments
if applicable
(Section 27)
Penalties:
the rules andand
regulations
issued
Violation of the
rules
andand Fish Cages
2. Construction
Operation
Fish
Pens
by the Secretary on small-scale
Secretary on small-scale mining
in relation to Illegal discharge of
Ejectment from the scaleElements:
mine tailings:
scale mining area
contractor
Certified copy of the small2. Contractor violated the rules
than P100,000.00, which may
scale mining contract
be imposed by the Secretary
Certified copy of the violated
198
Prosecutors Office
under Section 27
Where to file:
MGB for the
administrative
charges under
Section 21
Prosecutors Office
under Section 27

Peoples Small Scale Mining
3. Failure
Act to Comply with Standards
-

the Secretary pertinent to
Investigation report or Affidavit
of witness(es) on the violation
of the rules and regulations
violation of the
rules and
areas
regulations
if applicable
(Section 21)
years
instruments
(Section 27)
Possible violation: Dumping

Penalties:
waste products in critical
Dumping waste products in
habitats
detrimental
to wildlife
critical
habitats
detrimental
towith documentary
Imprisonment:
1 month to
5. Fishing
without license
or necessary
permits
or not
complying
requirements
(Sec. 27(c)(i), RA 9147)
wildlife in relation to Illegal
eight years and/or
Elements:
1. Waste products are dumped in To prove Element #1:
pesos
a place by the violator
2. The waste products dumped
as to the dumping of mine
6. Intrusion
of licensed
fishers inplace
municipal
watersproceedings, after
are detrimental
to wildlife
tailings in a particular
by
further
3. The place is a critical habitat
the offender
declared by the DENR
Secretaryand
in accordance
with
dumping
of mine
tailings
an alien.
7. Marketing
fish & fishery
species
Section 25 of RA 9147.
Sample of mine tailings
Photo or video of the sampling
activity
every three years
if applicable
(Section 28)
-
199
Where to file:
Prosecutors Office
laboratory examination of mine

tailings
Certification by the DENR/
PAWB/ BFAR/ PCSD as to the
detrimental effect of mine
tailings to wildlife, or affidavit of
expert witness as to the
products on wildlife
Certification by the DENR,
PAWB, BFAR or PCSD or
issuance that the place is
Possible
violation:
Discharge
of
Recommended
evidence
Penalties:
C. Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fish orfor
Fishery Products
material that causes pollution or
Discharge of material that
obstructs
natural flow
(Sec. 27 eggs causes
1. Capture
of breeders,
spawners,
or fry pollution or obstructs
(a), RA 9275)
natural flow in relation to Illegal
Secretary, upon PAB
Elements:
recommendation:
Fine: P10,000.00 to
discharging, depositing or
as to the:
causing to
beOperation
deposited of Fish Corrals/Traps,
o
discharge
deposit
2. Construction
and
Fish Pensorand
Fish Cages
material of any kind
of mine tailings;
10% every 2 years
2. Act is being done directly or
o
location of the
indirectly into the water bodies
discharge or deposit
or along the margins of any
Photo or video showing the act development or construction,
surface water
3. Material shall be liable to be
washed into such surface
water, either by tide action or
if applicable
(order may be issued ex parte
by storm, floods or otherwise,
pending case)
200
Where to file:
EMB Regional
Director or PAB
4.
Material could cause water

pollution or impede natural
(Section 28)
3. Failure
Comply
with Standards
flow into
the
water body.
laboratory examination of mine
tailings
Affidavit of expert witness
(when necessary) and
certification that material:
o areas
shall be liable to
be washed into
such surface
water, either by
tide action or by
storms or floods,
or otherwise, or
o
could impede or
5. Fishing without license or necessary permits or notobstruct
navigation or
o
could cause
water pollution
Possible violation: Pollution of

Penalties:
groundwater (Sec. 27 (b), RA
Pollution of groundwater in
commercial
in municipal
waters
9275)
relation
to Illegalfishers
discharge
of
mine tailings:
Elements:
Secretary, upon PAB
recommendation:
To prove
fish Elements
& fishery#1:
species
as to act of discharging,
discharging, injecting or
Fine: P10,000.00 to
allowing to seep into the soil or
injecting or allowing to seep
into the soil or sub-soil mine
form
tailings
10% every 2 years
2. Substance would pollute
Sample of substance being
groundwater
discharged, injected or allowed development or construction,
exception
to seep
201
Where to file:
EMB Regional
Director or PAB
Exception:

activity
if applicable
pending case)
In the case of geothermal projects,

and subject to the approval of the
DENR, regulated discharge for
(Section 28)
short-term activities (e.g. well
testing, flushing, commissioning,
venting)
and
deep
re-injection
of
geothermal liquids may be allowed
mine tailings
as long as safety measures are
Certification or affidavit of
adopted to prevent the
expert witness that the mine
contamination of the groundwater.
tailings would pollute
groundwater and that it does
not fall under any of the
exceptions
Penalties:
facilitiesofwithout
discharge
facilities without
1. Capture
breeders,
spawners, eggs Operating
or fry
permits (Sec. 27 (c), RA 9275)
discharge permits in relation to
Illegal discharge of mine tailings: To be imposed by the
Secretary, upon PAB
Elements:
recommendation:
1. Violator is operating facilities
2. Facilities discharge regulated
as to operation of the facility
Fine: P10,000.00 to
water pollutants
that discharges
mine and
tailings
2. Construction
Fish Pens
Fish Cages
3. The discharge is without the
Photo or video showing the act violation, to be increased
valid required permits or made
10% every 2 years
after the permit was revoked
for any violation of any
laboratory examination that the Closure, suspension of
condition therein.
mine tailings discharged are
regulated water pollutants
activity
202
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

if applicable

permit was areas
revoked for any
therein
pending case)
(Section 28)

Penalties:
Undertaking activities in
9275)
1586 in relation to Illegal
Secretary, upon PAB
discharge
ofor
mine
recommendation:
permits
not tailings:
requirements
Elements:
Fine: P10,000.00 to
Photo or video showing that violator P200,000.00 for every day of
a. activities or
is undertaking mining activities or
development and
development and expansion
10% every 2 years
thereof and/or operating mine
6. Intrusion oforlicensed and unlicensed commercial
fishers
waters suspension of
wastes treatment
facilityin municipal Closure,
Affidavit of witness or Report on
wastewater/sewerag
the abovementioned activities
e facilities
Apprehension
with
7. Marketing and
fish & fisheryreport
species
2. Acts violate the Environmental
if applicable
pending case)
and its implementing rules and To prove Element #2:
regulations.
(Section 28)
lack of ECC; or violation of
ECC conditions
Certified copy of the ECC and
specific conditions violated
203
Where to file:
PAB, EMB Regional
Director, PENRO or
CENRO

pollutants (Sec. 27 (i), RA 9275)

Illegal discharge of regulated
water pollutants in relation to
Elements:
Penalties:
Where to file:
Secretary, upon PAB
recommendation:
PAB, EMB Regional

Director, PENRO or
CENRO

Fine: P10,000.00 to
1. Violator discharged regulated
discharge of mine tailings or
water
pollutants
mine
wastes,
or
Report
on
the
2. Discharge is without the valid
said act
10% every 2 years
required discharge permit
pursuant to this Act or was
done after the permit was
materials
revoked for any violation of
condition therein
laboratory examination on the
discharged materials as
regulated waterFish
pollutants
or Fishery Products
pending case)
inventory
and
seizure
receipt,
if applicable
(Section 28)
permit wasFish
revoked
any
Pensfor
and
Fish Cages
therein
204

Penalties:
violation of the Clean Water ActGross violation of the Clean
3. Failure to
Comply of
with
StandardsWater Act- deliberate discharge
deliberate
discharge
toxic
Fine: P500,000.00 to
pollutants (Sec. 28 (a), RA 9275)
of toxic pollutants in relation to
Illegal discharge of mine tailings: each day of violation or
Elements:
1.
Violatorindeliberately
years, or both
4. Fishing
overexploited or fishery- management
areas or Report
discharges
as to the deliberate discharge
2. toxic pollutants identified
of mine tailings
pursuant to RA 6969
Photo or video showing the act person, the president,
3. Toxic pollutants are in toxic
amount
discharged
Photo or video showing the act charge of the operation shall
of taking samples
suffer penalty herein provided
of
permits
or not complying
laboratory examination that the Note: In cases of gross
mine tailings contain toxic
pollutant/s as identified
issue a resolution
pursuant to RA 6969
waters
if applicable fishers in municipal the
violators.
Certification by the DENR7. Marketing and buying illegally-caught fish & fishery species
EMB that the discharged
substance is in toxic amount
205
(Section 28)
Where to file:
Prosecutors Office

violation of the Clean Water ActRepeated violations of the Clean
Water Act within 2 years (Sec. 28
(b), RA 9275)
Elements:

Water Act- Repeated violations
of the Clean Water Act within 2
years in relation to Illegal
Penalties:
Fine: P500,000.00 to
1.
Violator
committed
at
least
5
EMB
or
PAB
Orders
showing
years, or both
at least 5 violations
Act
2. Commission is within a period
of two years
date of commission of 5
violations within a period of 2
years
suffer penalty herein provided
issue a resolution
the violators.
(Section 28)
206
Where to file:
Prosecutors Office

Penalties:
Marine Pollution Decree (Sec. 28, Violation of Sec. 4(a) of the
3. Failure
to Comply
with to
Standards
par
5, RA 9275
in relation
Sec.
Fine: P50,000.00 to
4(a), PD 979)
P1,000,000.00
mine tailings:
Elements:
years
To prove Elements #1, 3 & 4:
Act
is in violation
of Section 4 or
of fishery
PD - management
4. Fishing
in overexploited
areas or Report
as to the following:
979, such that:
o
The violator discharged,
1. Violator discharges, dumps or
dumped or suffered,
suffers, permits the discharge
permitted the discharge of accordance with existing laws
of substances
mine tailings
If discharge is oil or other
2. Such substances are either oil,
o
The discharge was from
harmful substances:
noxious gaseous and liquid
or out of any ship, vessel,
substances
andlicense
other harmful
barge,
or any
other with documentary requirements
5. Fishing
without
or not
complying
Fine: P500,000.00 to
substances
floating craft, or other
3. The discharge is from or out of
man-made structures
each day of violation
any ship, vessel, barge, or any
o
The discharge was made
other floating craft, or other
at sea by any method,
Withholding of clearance of
man-made structures
means or manner, into or
such vessel from Philippine
4. The discharge is made at sea
upon the territorial and
6. Intrusion
of licensed
and
fishers inwaters
municipal
waters
until the fine is paid
by any method,
means
orunlicensed commercial
inland navigable
of port
manner, into or upon the
the Philippines.
Liability for cleanup costs by
territorial and inland navigable
the owner or operator of a
waters of the Philippines.
above
vessel or facility which
discharged the oil or other
harmful substances
if applicable
Sample of the mine tailings
discharged
taking samples
207

Suspension of Seafarers
Identification Record Book
(SIRB) and Qualification
Where to file:
Prosecutors Office
for the criminal
charges
Philippine Coast
Guard and MARINA
for the administrative
charges
Results of laboratory
examination identifying
substances contained in the
discharged mine tailings
Certification by the EMB that
such substance/s is/are either
oil, noxious gaseous and liquid
substances and other harmful
substances
-
Documentation Certificate
(QDC) and License
(MARINA Regulations)

GPS reading as to location of ship,
vessel, barge, floating craft or other
man-made structure
Certification by NAMRIA or
Coast Guard as to the location
of ship, vessel, Fish
barge,
orfloating
Fishery Products
craft or other man-made
structure
4(b) of PD 979)

Violation of Marine Pollution
Decree in relation to Illegal
Penalties:
Where to file:
Fine: P50,000.00 to
P1,000,000.00
Prosecutors Office

To prove Elements
2. Construction
Fish #1-2:
Pens and Fish Cages
years
act and location of the source
or Investigation report on the
979, such that:
said act and location
1. Offender throws, discharges or Photo or video showing the act liability of the offender in
deposits, dumps, or causes,
suffers or procures to be
thrown, discharged, or
if applicable
deposited
208

3. any refuse matter of any kind
Sample of the mine tailings
3. Failure
to Comply
with Standards
or description
whatever
other
activity
and sewers and passing
laboratory examination that the
4. into tributary of any navigable
mine tailings discharged is a
water from
which the same
refuse matter
of any kind or
4. Fishing
in overexploited
areas
description whatever other
and sewers and passing
witness, when necessary, as
to the possibility of mine
tailings being
into the
or notwashed
complying
navigable water
Photo or video of tributary
showing that it is a tributary of
a navigable water
municipal waters
- commercial
Certification fishers
from theinNAMRIA
or PCG that the tributary is a
tributary of a navigable water

pollution - Introduction of
substances or energy with
of substances or energy with
4(4), RA 8550)
Elements:
1.
Human or machine, directly or

introduction by human or
209
Penalties:
Where to file:

Prosecutors Office

indirectly, introduces
machine of mine tailings to
substances or energy to
aquatic environment or Report
(Section 102)
aquatic environment
on the above act
2. Introduction results to, or is
likely to result to, deleterious
if applicable
hazard
to human
health,
B. Failure
to Comply
with
Report Requirements
navigation
environment
activity
mine tailings Fish or Fishery Products
introduced mine tailings
resulted to, or is likely to result
to, deleterious effects as to
human health, hindrance to the
aquatic activities
suchand
as Fish Cages
Fish Pens
pollution - waste
dumping/disposal (Secs. 102 &
4(4), RA 8550)

Aquatic pollution - waste
dumping/disposal in relation to
Penalties:
Where to file:

Prosecutors Office
Elements:


210
1.
A person/entity dumps or
dumping or disposal of mine
disposes waste and other
tailings to aquatic environment
3. Failure
Comply with Standards
marinetolitters
or Report on the above act
2. The dumping/disposal is from
Photo or video showing the act (Section 102)
any water, land or air transport
or other human-made structure
3. The dumping is made to the
if applicable
aquaticinenvironment
4. Fishing
overexploited or fishery management areas
4. The dumping or disposition
resulted or is likely to result in
activity
Results/certification by EMB or
BFAR of laboratory
human health,
examination of mine tailings
5.
hindrance
to thelicense
aquaticor necessary
Certification
by complying
the EMB or with documentary requirements
5. Fishing
without
permits
or not
BFAR that the dumping or
navigation
disposal of mine tailings
resulted or is likely to result in
fishers
municipal
waters
potential and/or
real in
hazard
to
human health, or hindrance to
the aquatic activities such as
pollution - Discharge of
liquid substances (Secs. 102 &
4(4), RA 8550)

Aquatic pollution - Discharge of
liquid substances in relation to
211
Penalties:
Where to file:

Prosecutors Office

Elements:

1. A person/entity discharges
(Section 102)
which may contain petroleum,
carbonaceous
liquid substances
2. The discharge is from any
liquid substances or Report on
water,
land
or
air
transport
or
the act
other human-made structure
3. The discharge is made to the
aquatic environment
4. The discharge resulted or is
if applicable
pose potential
Photo or video of
sampling
C. Illegalresources,
Fishing Activities
and Dealing -in Illegally-Caught
Fish
or Fishery Products
activity
health,
hindrancespawners,
to the
1. Capture
of breeders,
eggs -or fry
discharged mine tailings
contains petroleum,
carbonaceous
liquid substances
discharged mine tailings that
contains petroleum,
carbonaceous
liquid substances resulted or is
212

health, or hindrance to the

Penalties:
9, PD 1586)
conditions in relation to Illegal
the ECC
Elements:
1. An ECC was issued for the
Certified copy of the ECC
for every violation
project without license or necessary permits or not complying with documentary requirements
5. Fishing
2. There is a violation of the
ECC
conditions of the ECC related
to the disposal of mine tailings
fishers
in municipal
waters
- commercial
Photo or video
showing
the
violation
Possible
violation:
Violation
of
Recommended
evidence
for
7. Marketing
and buying
illegally-caught
fish & fishery
species
1586)
mine tailings:
Elements:
Certified copy of the violated
EMB standards, rules and
regulations related to mine
2. Violation of the standards,
tailings
213
Penalties:
the ECC
for every violation
Where to file:
EMB Regional Office
Where to file:
EMB Regional Office
Investigation report as to
the EMB
act, if applicable

1. Collection of endangered and protected benthic marine life (such as Triton shells and giant clams) and corals
Possible violation: Ban on coral
exploitation and exportation (Sec. 91, RA
on coral exploitation and
8550)
exportation in relation to
Collection of
endangered
Fish
or Fisheryand
Products
Elements:
protected benthic marine life
(such as Triton shells and giant
1. A person/entity
clams) and corals
a. gathers,
b. possesses,
c. sells, or
d. exports
corals
o
The act of gathering,
2. Such corals are either ordinary,
possession,
or
precious, and
or semi-precious,
2. Construction
Operation of whether
Fish Corrals/Traps, Fish
Pens andselling,
Fish Cages
exportation of corals
raw in processed form
o
The identity or personal
3. Such gathering, possession, selling, or
export of corals is not for scientific or
possessor and/or owner
research purposes
(FAO 202 s. 2000, Sec. 3)
Receipts of samples taken
214
Penalties:
Where to file:
to 2 years and
Prosecutors
Office for the
criminal case
Fine: P2,000.00 to
20,000.00, or
Both at the discretion of
the court, and
Forfeiture of the subject
corals, including the
vessel and its proper
disposition.
The confiscated corals
should either be returned
to the sea of donated to
schools or museums for
educational or scientific
purposes or disposed
BFAR for the

administrative
case
Turn-over receipt of samples

taken for laboratory examination
Certification of BFAR or other
competent authority as to the
classification and condition of
the corals
through other means

(Section 91)
To proveareas
Elements #3:
Certification from BFAR or other
competent authority that such
corals were not intended for
research or scientific purposes
Possible violation: Gathering and
Penalties:
marketing of shell fishes (Sec. 103 (c),
Gathering and marketing of shell
RA
8550) without license or necessary permits
fishes
relation
to Collection
of
Fine:
P2,000.00 to
5. Fishing
orin
not
complying
with documentary
requirements
endangered and protected benthic P10,000.00 or
Elements:
marine life (such as Triton shells
and giant clams) and corals:
1. A person/entity takes, sells, transfers,
Imprisonment:1month
or has in possession for any purpose
and 1day to 6 months, or
2. Any shell fish which is
Affidavit indicating the act of
a. sexually mature, or
Both, upon the discretion
6. Intrusion
licensed
and unlicensed
fishersgathering
in municipal
collecting,
and waters of the court
b. of
below
the minimum
size, or commercial
marketing of shell fishes
c. above the maximum
quantities prescribed for the
Administrative fine: not
inventory
and seizure receipt
species.
more than P10,000.00 or
7. Marketingparticular
and buying
illegally-caught fish & fishery
species
Certificate of shell fishes
samples taken and turn-over
Cancellation of his permit
receipt for examination
or license, or
Certification duly issued by
BFAR or other competent
Both in the discretion of
authority that the samples are
the Secretary
(a) sexually mature, (b) below
minimum size or (c) above the
Impoundment by the
maximum quantities for the
Department with the
215
Where to file:
Prosecutors
Office for the
criminal case
BFAR for the
administrative
case
particular species
assistance of the
Philippine Coast Guard,
Forfeiture of the
proceeds of such offense
and the instruments or
tools with which it was
committed
(Section 103)
Possible violation: Poaching in
Philippine waters (Sec. 87, RA 8550)

Poaching in Philippine waters in
relation to Collection of
endangeredFish
and or
protected
C. Elements:
Illegal Fishing Activities and Dealing in Illegally-Caught
Fishery benthic
Products
1. Any foreign person, corporation or
entity
or operates
the fishing
1. Capture
offishes
breeders,
spawners,
eggs or fry and giant clams) and corals:
vessel
2. Such fishing activity or operation of
fishing vessel is conducted within
Philippine waters
o
Prima facie act of poaching (FAO 200, S.
2000)
showing
it is inside
2. Construction
and Operation of Fish Corrals/Traps, Fish Pens
and Fish
Cagesthe
Philippine waters
1. Foreign fishing vessel enters the
including EEZ, internal
Philippine waters
waters or municipal
2. Such entry is accompanied by any of
waters
the following circumstances:
o
a. Navigating with its fishing
or acts constituting
gear deployed and/or not
prima facie evidence
stowed
of poaching
b. Navigating with an irregular
o
That the vessel is not
216
Penalties:
Where to file:
Fine: US$100,000.00
Prosecutors
Office
Confiscation of catch,
fishing equipment and
fishing vessel
(Section 87)
BFAR for
administrative
charges
track or route
of Philippine
c. Navigating through Philippine
nationality
3. Failure to territorial
Comply with
Standards
waters
without prior
Copy of the vessel registration
notice to, clearance of, or
papers
permission from the
appropriate Philippine
authority
d. inNavigating
in a manner
thatmanagement
fishery
products and disposal
4. Fishing
overexploited
or fishery
areas
does not qualify as innocent
thereof, if any
passage nor navigating
outside traditional routes or in
identified fishing grounds
e. Navigating without flying its
national flag
fishing vessel
3. Or when foreign fishing vessel is found
within Philippine
waters and
is found permits
Note:orExclusive
Economic
Zone
5. Fishing
without license
or necessary
not complying
with
f.
Lying-to or anchoring without
(EEZ) refers to the area from the
any valid reasons or
seaward edge of the state's territorial
circumstances that may
sea out to 200 nautical miles from its
indicate the existence of force coast. The term may include the
majeure, distress, or for
territorial sea and even the
purpose of rendering
continental shelf beyond the 2006. Intrusion of
licensedtoand
unlicensed
municipal
waters
assistance
persons,
ships commercial
mile limit.fishers
A state in
has
special rights
or any sea craft that is
over the exploration and use of
endangered or in distress
marine resources, including energy
g. Lying-to or anchoring at, or
production
water and wind in
& fisheryfrom
species
anchoring near to or within
the EEZ. (United Nations Convention
known fishing grounds or
on the Law of the Sea, 2011)
marine protected areas
4. Or when such foreign fishing vessel is
in possession of freshly caught fish on
deck or in storage, or corals, or
mollusks.
217
Possible violation: Fishing or taking of

rare, threatened or endangered species
(Sec. 97, RA 8550)

Fishing or taking of rare,
threatened or endangered species
in relation to Collection of
endangered and protected benthic
Elements:
1. A person/entity takes fish or fishery
species
2. Such fish or fishery species is rare,
threatened
or endangered
B. Failure
to Comply
with Report RequirementsTo prove Elements #1-3:
3. Such rare, threatened or endangered
species is listed in the CITES and is
o
The identity and
determined by the Department as such
personal
circumstances of
the apprehended
person
o orThe
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish
Fishery Products
circumstances of
the act such as
fishing and/or
taking
deputized officer of the species
as either rare, threatened or
endangered
and listed
under
Fish Pens and
Fish Cages
CITES
218
Penalties:
Where to file:
years and/or
Prosecutors
Office for
criminal charges
Fine: P120,000.00 and

Forfeiture of the catch,
and
permit
(Section 97)
BFAR for
administrative
charges
Possible violation: Killing and

destroying wildlife species (Sec. 27 (a),
3. Failure
RA
9147) to Comply with Standards

Destroying wildlife species in
relation to Collection of
endangered and protected benthic
Penalties:
Where to file:

and/or
Fine: P100,000 to P1
million
Prosecutors
Office
Elements:
1. The wildlife species is killed and
destroyed by the violator
To proveareas
element #1:
Note: There is no violation if the destruction
Affidavit showing the killing and
Endangered species
falls under any of the following:
destruction of the endangered
a. when it is done as part of the
and protected benthic marine
religious rituals of established
life and corals
and/or
tribal groups or indigenous
Certification or issuance as to
Fine: P50,000 to
cultural communities;
the category of benthic marine
P500,000
b. when the wildlife is afflicted
life and corals
with anlicense
incurable
Photo
video of killed
5. Fishing without
or notor
complying
withand
Vulnerable species
communicable disease;
destroyed endangered and
c. when it is deemed necessary
to put an end to the misery
and corals
and/or
suffered by the wildlife;
Specimen of wildlife species
d. when it is done to prevent an
that was killed and destroyed (if Fine: P30,000 to
P300,000
imminent danger to the life or
available)
6. Intrusion of
licensed
and being;
unlicensed
fishers in report
municipal
limb
of a human
and commercial
Apprehension
with waters
Threatened species
e. when the wildlife is killed or
Imprisonment: 1 year and
destroyed after it has been
1 day to 2 years and/or
used in authorized research
Fine:P20,000 to
or experiments.
P200,000
and 1 day to 1 year
and/or
Fine: P10,000 to
P100,000
219
Forfeiture of all wildlife,

its derivatives or byproducts, and all
paraphernalia, tools and
conveyances used in
connection with violations
of the act.

payment of fines if
offender is an alien.
C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products increased by at least
10% every three years
(Section 28)
Possible violation: Collecting, hunting or

possessing of wildlife, their by-products
or derivatives (Sec. 27 (f), RA 9147)

Possession of wildlife, their byproducts or derivatives in relation
to Collection of endangered and
Elements:
protected
marine
2. Construction
Fishbenthic
Pens and
Fish life
Cages
1. There is collection, hunting or (such as Triton shells and giant
possession of wildlife, their by-products clams) and corals:
or derivatives
2. There is no permit for the possession of To prove element #1
Photo or video of endangered
wildlife, their by-products or derivatives
life and corals
collection, hunting or
220
Penalties:
Where to file:

and 1 day to 4 years and
Fine: P30,000 to 300,000
Prosecutors
Office
Endangered species
Imprisonment: 1 year and
1 day to 2 years and
Fine: P20,000 to 200,000
Vulnerable species
possession of endangered and

and corals
Certification by BFAR or PCSD
whichever is appropriate as to
the areas
category of the endangered
life and corals
Specimen of the endangered
life and corals (if available)
and 1 day to 1 year and

Fine: P10,000 to 100,000
Imprisonment: 1 month
and 1 day to 6 months
and
Fine: P5,000 to 50,000
Imprisonment: 10 days to
1 month and
Fine: P1,000 to 5,000

through
inappropriate
Certification
by BFAR
or documentary
PCSD
or not complying
with
requirements
that no permit was issued for
maximum penalty will
the collection, hunting or
apply
possession of endangered and
Forfeiture of all wildlife,
and corals
its derivatives or by6. Intrusion of licensed and unlicensed commercial fishers in municipal waters products, and all
paraphernalia, tools and
conveyances used in
connection with violations
of the act.
payment of fines if
offender is an alien.
221
increased by at least
10% every three years
(Section 28)
Possible
Fishing
or taking
of
Penalties:
Where to file:
B. Failure
to violation:
Comply with
Report
Requirements
rare, threatened or endangered species
for Fishing or taking of
(Sec. 97, RA 8550)
rare, threatened or
Imprisonment: 12 to 20 years Prosecutors
endangered species in
and/or
Office for criminal
Elements:
relation to Capturing
charges
and/or injuring
1. A person/entity takes fish or fishery
Fine: P120,000.00 and
endangered and
species
BFAR for
protected marine species, Forfeiture of the catch, and
2. Such fish or fishery species is rare,
administrative
includingFish
sea or
turtles,
or endangered
charges
C. Illegalthreatened
Fishing Activities
Fishery Products
dugongs, whale sharks,
3. Such rare, threatened or endangered
manta rays, dolphins and
species
is listed in
the CITESeggs
and is
1. Capture
of breeders,
spawners,
or fry
whales:
determined by the Department as such
(Section 97)
Affidavit of the
apprehending officer(s)
indicating
o The
identity
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and
Fish Cages
and personal
circumstances
of the
apprehended
person
o The
circumstances
of the act such
as fishing
222
and/or taking
Positive identification
and certification by
BFAR or duly
deputized officer of the
marine species as
either rare, threatened
endangered and
4. Fishing in overexploited or fishery managementor
areas
listed under CITES
Apprehension Report
with inventory and
seizure receipt
marine species and
-
Possible violation: Ban on whale shark and Recommended evidence

Penalties:
manta rays (FAO 193, S. 1998)
for Ban on whale shark
fishers
in municipal
and manta
rays
in relation waters
Elements:
to Capturing and/or
years and/or
injuring endangered and
1. A person/entity
marine species, Fine: P500 to P5,000
a. Takes,
7. Marketing
and buying illegally-caught fish &protected
fishery species
including sea turtles,
b. Catches,
c. Sells,
d. Purchases, or
than P5,000
whales:
e. Exports, or
f.
Accidentally catches
fishery species.
permit/license
2. The fisheries species involved is whale
Affidavit of the
shark or manta ray
apprehending
3. Such species is in any state or form, dead
officer(s)/witness
223
Where to file:
Prosecutors
Office
BFAR for the
administrative
charges
or alive
indicating that the

apprehended
person/suspect has
taken, caught, sold,
purchased, or
exported, or
accidentally caught
whale shark or manta
ray
Pictures of the whale
shark or manta ray
(FAO 193, S. 1998)

Positive identification
BFAR or duly
deputized
officer
that Products
Fish or
Fishery
the species are whale
shark or manta ray,
including its state or
condition when
confiscated
Other evidence:
Apprehension Report
with Pens
inventory
2. Construction and Operation of Fish Corrals/Traps, Fish
andand
Fish Cages
seizure receipt
fish and disposal
thereof, if any
224
Possible violation: Ban on dolphins,

whales and porpoises (FAO 185, S. 1992,
3. Failure
to by
Comply
with Standards
as
amended
FAO 185-1,
S. 1997)
Penalties:
for Ban on dolphins,
whales and porpoises in
years and/or
Elements:
and/or injuring
endangered and
1. A person/entity is
Fine: P500 to P5,000
protected marine species,
a. Taking,
including
Catching, or fishery management
4. Fishing in b.
overexploited
areassea turtles,
c. Selling,
than P5,000
d. Purchasing,
whales:
e. Possessing,
f.
Transporting, or
permit/license
g. Exporting,
fisheries species
Affidavit of the
2. The fisheries species involved is dolphin,
apprehending officer(s)
whale, without
or porpoises
(FAO 185 requirements
s. 1992)
taking,with documentary
5. Fishing
license or necessary permits or indicating
not complying
3. Such dolphin, whale, or porpoise is either
catching, selling,
dead or alive, or in any form whether raw
purchasing,
or processed
possessing,
transporting, or
exporting dolphins,
whales and porpoises
fishersidentification
in municipal waters
Positive
BFAR or duly
deputized
officer of the
species
species as either
dolphins, whales or
porpoises
Apprehension Report
with inventory and
seizure receipt
dolphins, whales or
porpoises, and
225
Where to file:
Prosecutors
Office
BFAR for
administrative
charges
disposal or release
thereof, if any
Possible violation: Poaching in Philippine
waters (Sec. 87, RA 8550)
Elements:
1. Any foreign person, corporation or entity
fishes
or operates
fishing
vessel
B. Failure
to Comply
withthe
Report
Requirements
2. Such fishing activity or operation of
fishing vessel is conducted within
Philippine waters
Prima facie act of poaching (FAO 200, S.
2000)
for Poaching in Philippine
waters in relation to
Capturing and/or injuring
endangered and
whales:
Penalties:
Where to file:
Fine: US$100,000.00
Prosecutors
Office
Confiscation of catch, fishing

equipment and fishing vessel
(Section 87)

Affidavit of
1. Foreign
fishing
vesseland
enters
the in Illegally-Caught
apprehending
officer(s)
C. Illegal
Fishing
Activities
Dealing
Fish or Fishery
Products
Philippine waters
indicating
2. Such
is accompanied
any or
of fry
the
o
The
1. Capture
of entry
breeders,
spawners,by
eggs
following circumstances:
position/locati
a. Navigating with its fishing gear
on of the
deployed and/or not stowed
fishing vessel
b. Navigating with an irregular
showing it is
track or route
inside the
c. Navigating through Philippine
Philippine
territorial
watersofwithout
prior
2. Construction and
Operation
Fish Corrals/Traps,
Fish Penswaters
and Fish Cages
notice to, clearance of, or
including
permission from the appropriate
EEZ, internal
Philippine authority
waters or
d. Navigating in a manner that
municipal
does not qualify as innocent
waters
passage nor navigating outside
o
Actual fishing
traditional routes or in identified
activity or
fishing grounds
acts
e. Navigating without flying its
constituting
226
BFAR for
administrative
charges
national flag
prima facie
3. Or when foreign fishing vessel is found
evidence of
3. Failure
Complywaters
with Standards
within to
Philippine
and is found
poaching
a. Lying-to or anchoring without
o
That the
any valid reasons or
vessel is not
circumstances that may indicate
of Philippine
the existence of force majeure,
nationality
or for purpose
of management
Copy
4. Fishing in distress,
overexploited
or fishery
areasof the vessel
rendering assistance to
registration papers
persons, ships or any sea craft
GPS reading of the
that is endangered or in distress
location of the vessel
b. Lying-to or anchoring at, or
and fishing activity
anchoring near to or within
known fishing grounds or
fish and fishery
marine protected areas
products and disposal
4.
Or when
such foreign
fishing
vessel is permits
in
if any with documentary requirements
5. Fishing
without
license
or necessary
or thereof,
not complying
possession of freshly caught fish on deck
Apprehension report
or in storage, or corals, or mollusks.
with inventory and
seizure receipt
Picture of the fishing
vessel and/or receipt of
impounded fishing
6. Intrusion of licensed and unlicensed commercialvessel
Note: Exclusive Economic
(EEZ)
refers to the
7. Marketing and buying illegally-caught fish &Zone
fishery
species
area from the seaward
edge of the state's territorial
sea out to 200 nautical
miles from its coast. The
term may include the
territorial sea and even the
continental shelf beyond the
200-mile limit. A state has
special rights over the
227
exploration and use of

marine resources, including
energy production from
water and wind in the EEZ.
(United Nations Convention
on the Law of the Sea,
2011)

Possible violation: Importation or
exportation of fish or fishery species (Sec.
100, RA 8550)
Penalties:
for Importation or
exportation of fish or
fishery species in relation
Elements:
to Capturing and/or
injuring endangered and
protected marine species, Destruction of live fishery
a. Importation
includingFish
sea or
turtles,
b. Exportation
species or
C. Illegal Fishing
Fishery Products
2. Of fish or fishery species
3. Such
or exportation
violates
Forfeiture of non-live fishery
1. Capture
of importation
breeders, spawners,
eggs
or fry
whales:
RA 8550
species in favor of the
department for its proper
disposition
Affidavit of the
apprehending officer(s) Ban from being members or
stock holders of companies
indicating
o
The
2. Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cagescurrently engaged in
fisheries or companies to be
circumstance
created in the future, the
s of the act
guidelines for which shall be
such as
promulgated by the DA.
possession
and/or control
(Section 100)
for purposes
of exportation
or importation Note: Based on RA 9147,
among aquatic resources,
o
Taking of
228
Where to file:
Prosecutors
Office
BFAR for
administrative
cases
specimen
the DENR has jurisdiction
and issuance
over turtles and dugongs.
of receipt
The DENR Wildlife Law
therefor
Enforcement Manual of
Operations provides that
Certification from
confiscated wildlife species,
PAWB, BFAR, PCSD,
including turtles and
whichever is
dugongs, should be turned
that the
4. Fishing in overexploited or fishery managementappropriate,
areas
over to them.
species involved is
protected and
endangered marine
species
Certificate by PAWB,
BFAR, PCSD,
whichever is
of non5. Fishing without license or necessary permits or appropriate,
not complying
issuance of export or
import permit in favor
of the accused
Apprehension Report
with inventory and
seizure receipt
fishersofinconfiscated
municipal waters
Receipt
endangered and
protected marine
species
and disposal
species
thereof, if any
Possible violation: Killing and destroying
wildlife species (Sec. 27 (a), RA 9147)
Elements:
1. The wildlife species is killed and
destroyed by the violator
for Destroying wildlife
species in relation to
endangered and
229
Penalties:
Where to file:

Fine: P100,000 to P1 million
Endangered species
Prosecutors
Office
Note: There is no violation if the destruction

falls under any of the following:
a.

whales:

Fine: P50,000 to P500,000
when it is done as part of the religious

Vulnerable species
rituals of established tribal groups or
Affidavit showing the
indigenous cultural communities;
killing and destruction
b. when the wildlife is afflicted with an
of the endangered and
Fine: P30,000 to P300,000
incurable communicable disease;
protected
marine
c.
when
it
is
deemed
necessary
to
put
an
Threatened species
species
end to the misery suffered by the wildlife;
Certification or
d. when it is done to prevent an imminent
issuance by BFAR,
danger to the life or limb of a human
Fine:P20,000 to P200,000
PAWB, or PCSD as to
being; and
the category of marine
e. when the wildlife is killed or destroyed
species
after it has been used in authorized
Photo or video of killed
research or experiments.
1 day to 1 year and/or
and destroyed
Fine: P10,000 to P100,000
endangered and
protected
marine
species
Specimen of marine
species that was killed
and destroyed (if
available)
the act.
Apprehension report
with Pens
inventory
2. Construction and Operation of Fish Corrals/Traps, Fish
andand
Fish Cages
seizure receipt
payment of fines if offender
is an alien.
every three years
230
(Section 28)
Possible violation: Inflicting injury which
Penalties:
cripples and/or impairs the reproductive
for Inflicting injury which
system of wildlife species (Sec. 27 (b) , RA
cripples and/or impairs
9147)
the reproductive system
of wildlife
areasspecies in
Elements:
Fine: P50,000 to P500,000
and/or injuring
1. The wildlife species sustained injury
endangered and
Endangered species
inflicted by the violator
protected marine species, Imprisonment: 2 years and 1
2. The injury crippled and/or impaired the
reproductive system of the wildlife
Fine: P30,000 to 200,000
species
whales:
Vulnerablerequirements
species
or not complying with documentary
To prove element #1 & 2:
Certification by BFAR,
Fine: P20,000 to 200,000
PAWB or PCSD or
Threatened species
Affidavit of
veterinarian/expert
6. Intrusion of licensed and unlicensed commercialwitness
fishersstating
in municipal
1 day to 1 year and/or
that the waters
Fine: P10,000 to 50,000
endangered and
protected marine
species
sustained an
species
Imprisonment: 1 month to 6
injury that impaired its
months and/or
reproductive system
Certification or
Fine: P5,000 to 20,000
issuance by BFAR,
PAWB or PCSD as to
category of
endangered and
protected marine
species
231
Where to file:
Prosecutors
Office
Photo or video of
the act.
injured endangered
and protected marine
species
Affidavit of witness to
show that the
endangered and
is an alien.
protected marine
species sustained an
injury as a result of an
act by the offender
every three years
Specimen of
endangered and
(Section 28)
protected marine
species (if available)
Apprehension report
with inventory
and
Fish or Fishery
Products
seizure receipt
-

Possible violation: Collecting, hunting or
possessing of wildlife, their by-products or
derivatives (Sec. 27 (f), RA 9147)
Penalties:
for Possession of wildlife,
their by-products or
derivatives in relation to
Elements:
day to 4 years and
1. There is collection, hunting or possession endangered and
Fine: P30,000 to 300,000
protected
marine
of wildlife,and
their
by-products
or derivatives
2. Construction
Operation
of Fish
Corrals/Traps,
Fish Pens
andspecies,
Fish Cages
Endangered species
2. There is no permit for the possession of including sea turtles,
wildlife, their by-products or derivatives
day to 2 years and
whales:
Fine: P20,000 to 200,000
Photo or video of
endangered and
protected marine
232
Vulnerable species
1 day to 1 year and
Fine: P10,000 to 100,000
Where to file:
Prosecutors
Office
species
Affidavit of witness as
to the collection,
hunting or possession
day to 6 months and
of endangered and
Fine: P5,000 to 50,000
protected marine
species
Apprehension
report
areas
month and
with inventory and
Fine: P1,000 to 5,000
seizure receipt
Certification by PAWB,
BFAR or PCSD
through inappropriate
whichever is
appropriate as to the
maximum penalty will apply
category of the
andwith documentary requirements
5. Fishing without license or necessary permits or endangered
not complying
protected marine
species
Specimen of the
endangered and
protected marine
the act.
species (if available)
Certification by PAWB,
BFAR or PCSD that no service of sentence and
permit was issued for
is an alien.
the collection, hunting
or possession of
endangered marine
species
every three years
-
(Section 28)
233
Chapter 5. Procedural Rules

A. Rules of Criminal Procedure for Environmental Cases 19
1. PROSECUTION OF OFFENSE
a. How is a criminal action instituted?
By filing of a complaint with the Office of the Prosecutor of the place where the crime is committed. 20
A complaint is a sworn written statement, in question and answer form,

charging a person with an offense, subscribed by the offended party, any
peace officer or other public officer charged with the enforcement of the
environmental law violated.

b. Who can file a complaint?
Any offended party, peace officer or any public officer charged with the enforcement of an environmental law can file a complaint.21
The Wildlife Traffic Monitoring Unit Personnel, the BFAR law enforcement and regulatory
personnel, DENR Community Environment and Natural Resource Officers (CENRO),
Provincial Environment and Natural Resource Officers (PENRO), Deputized Environment
and Natural Resource Officers (DENRO), and deputized bantay dagat of the LGUs are some
of the public officers charged with the enforcement of environmental laws.
c. Can police officers and other law enforcement agents file a complaint for violation of environmental laws?
Yes, because they are included in the term any peace officer. 22
234
d. Can police officers directly file the complaints without involving other government agencies such as the DENR or BFAR?
3. Failure
tofile
Comply
withdirectly
Standards
Yes,
they can
the case
if technical consideration is not necessary to determine probable cause. However, in cases where
technical certifications are necessary, then the corresponding agency must be involved for the case to prosper.
Illegal logging cases and transport, possession and trading of wildlife species without the appropriate permit from the DENR are
of cases
where technical
certifications
by other
government agencies, aside from the law enforcement agencies, are needed.
4.examples
Fishing in
overexploited
or fishery
management
areas
On the other hand, possession of dynamite does not need the certification by the environmental agency but by the PNP or NBI crime
laboratory.
e. Can a complaint be filed directly with the court?
No.
complaint
for violation
law can
longer
be filedwith
directly
with the court.
It can only be filed with the concerned
5. A
Fishing
without
licenseoforenvironmental
necessary permits
orno
not
complying
documentary
requirements
Office of the Prosecutor. Only an information charging a person with a violation of an environmental law and subscribed by the
prosecutor can be filed with the court. 23
f. What accompanies the complaint when filed with the Office of the Prosecutor?
The following may accompany the complaint:
i. Letter Order/ Operation Order/ Travel Order, if any;
ii. Sworn statements in question and answer form of the arresting officers and witnesses;
iii. Pictures a) logically showing the scene of the crime; b) the object of the offense, such as the illegal logs, wildlife, the
hazardous wastes or toxic substances; c) conveyance; d) tools and other paraphernalia used in the commission of the crime.
iv. If pictures are submitted, these shall be accompanied by sworn statements in question and answer form of a) the person
who took the photographs; b) by persons who were present when said pictures were taken; or c) by any competent persons
who can testify on the accuracy of the pictures. 24
v. Nautical map, if available;
235
vi. Seizure receipt.

vii. Inventory or tally sheet of the items seized.
viii. Turn over receipts, if any, to show the chain of custody of evidence.
ix. Endorsement letters, if any, turning over the case from arresting officers to the police investigators;
ix. Certifications from DENR, DA-BFAR or other concerned government regulatory offices on the issuance of the permits or
the authenticity of the permits, if any were shown by the violators.
x. Apprehension report.
xi. Referral slip addressed to the concerned Office of the Prosecutor.
xii. Investigation Report from the DENR, DA-BFAR or other concerned government office, if applicable.
g. Can government agencies be stopped from lawfully enforcing environmental laws?

Except the Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies
that enforce environmental laws. 25
h. Who is in charge of prosecuting environmental cases?
The Office of the Public Prosecutor is in charge of prosecuting environmental cases.
i. Can private lawyers help in the prosecution of environmental cases even if there is no private offended party?
Yes. In criminal cases where there is no private offended party, a counsel whose services are offered by any person or organization
may be allowed by the court to appear as special prosecutor, with the consent of and subject to the control and supervision of the
public prosecutor. 26
236
2. ARREST
Comply with
Standards
a. 3.IsFailure
there atodifference
between
the procedure for arresting violators of environmental law and the procedure for arresting
offenders for ordinary crimes?
No. The procedure for arresting violators of environmental crimes is the same as the procedure for arresting violators for ordinary
crimes.
b. How are duly deputized environmental law enforcers protected when effecting arrest?
Individuals deputized by the proper government agency enjoy the presumption of regularity in the performance of official duty, when
effecting arrests for violations of environmental laws. 27 Examples of proper government agency are the DENR, BFAR and the municipal
LGUs. After undergoing law enforcement trainings, they deputize individuals to be law enforcement officers. DENR deputizes
individuals to be Deputized Environment and Natural Resources Officers (DENRO) or Wildlife Enforcement Officers (WEO). BFAR
deputizes individuals to become fish wardens. Finally, municipal LGUs deputize individuals to be bantay gubat or bantay dagat in the
5. Fishing
without
licensearea
or necessary
areas
covered
by the LGUs
of jurisdiction.
3. CUSTODY AND DISPOSITION OF SEIZED ITEMS
a. What rules govern the custody and disposition of seized items, equipment, paraphernalia, conveyances and instruments
during
the pendency
of the
case
in court?commercial fishers in municipal waters
6. Intrusion
of licensed
and
unlicensed
If there are rules promulgated by the concerned government agency in the custody and disposition of seized items, these rules shall
govern. 28 An example of this is DENR Administrative Order No. 97-32 otherwise known as the Rules for the Administrative Adjudication
Marketing
buying
fish & fishery
species
of 7.
Illegal
Forest and
Products
andillegally-caught
the Machinery, Equipment,
Tools
and Conveyances Used in Connection Therewith.
b. If no rule is promulgated by the concerned government agency, how should the custody and disposition be done?
The following procedure shall be observed:
237
i. The apprehending officer having initial custody of the seized items shall conduct the inventory and whenever practicable,
photograph the same in the presence of the person from whom such items were seized.
ii. If the seizure is by virtue of a search warrant, the apprehending officer shall submit the return to the issuing court within five (5)
days from date of seizure. Return of the search warrant is the report by the law enforcement officer to the court on what s/he has
done on the said warrant which s/he was required to serve or execute. Was s/he able to serve or execute the same? If so, when
and how was s/he able to do it? If the law enforcement officer is not able to serve or execute the warrant, the return must include
an explanation or reason for the failure of the service or execution.

If the seizure is pursuant to a lawful warrantless search (see Chapter 5.C.2.b) the apprehending officer shall submit within five (5)
days from date of seizure the inventory report and other pertinent documents to the public prosecutor for appropriate action.
iii. The court may cause the public auction of seized items upon motion by any interested party and after proper notice and
publication.
iv. The proceeds shall be deposited with the government depository bank for disposition according to the judgment. 29
BAIL of breeders, spawners, eggs or fry
1. 4.
Capture
a. Is right to bail available for the accused under these Rules?
Yes. Accused for violation of environmental laws can file bail. He may file bail in the court where the case is pending. In case of
absence or unavailability of the judge in the said court, accused may file bail with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the province, city or municipality.
If the accused is arrested in a province, city or municipality other than where the case is pending, bail may also be filed with any
Regional Trial Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or municipal
circuit trial judge of the province, city or municipality where the accused is arrested. If the court grants bail, the court may issue a holddeparture order in appropriate cases. 30
b. What are the special conditions for the grant of bail by the court other than that which issued the warrant of arrest under
the New Rules of Procedure for Environmental Cases? 31
i. Before the grant of bail, the judge must read the information in a language known to and understood by the accused;
238
ii. The judge shall require the accused to sign a written undertaking, which contains the following:
3. Failure
Comply
withwill
Standards
toThat
accused
appear during arraignment and whenever required by the court;
That if accused fails to appear without justification, to waive the reading of the information, to authorize the court to enter
a plea of not guilty in his behalf and for the court to proceed with the trial in absentia. 32
5. 4.ARRAIGNMENT
AND PLEA
What is the role of the concerned government agency in plea bargaining?
Unlike in ordinary cases, the presence and consent of concerned government agency is required in plea bargaining for environmental
cases. 33
6. PRE-TRIAL
a. What are the next steps after the accused is arraigned?
The next steps after arraignment are: pre-trial, trial and judgment.
Intrusion
b.6.
What
is pre-trial?
Pre-trial conference is a procedural device used prior to trial to narrow issues to be tried, to secure stipulation as to matters and
evidence
to be heard,
and toillegally-caught
take all other steps
aid in the disposition of the case.34
7. Marketing
and buying
fishnecessary
& fisheryto
species
c. When should the pre-trial be scheduled?
Pre-trial is scheduled within thirty (30) days after arraignment. 35
d. What happens during pre-trial?
The following happens during the pre-trial:
239
i. Identification of issues
ii. Marking of evidence to be presented as exhibits
iii. Comparison of copies attached to the records with the original documents
iv. Stipulation of facts and admissions
v. Settlement of the civil aspect of the case
vi. Other matters that may aid in the prompt disposition of the case
e. What is the role of the law enforcer during pre-trial?

The law enforcer should be present during pre-trial and assist in the identification and marking of sworn statements and other exhibits.
He/she should also inform the prosecutor on matters related to stipulation of facts and admissions.
7. TRIAL
a. How long will the trial on environmental cases be held?
The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre36
1. trial
Capture
order.of
b. What happens during the trial proper?
During the trial, the prosecutor presents the evidence and testimonies to prove the guilt of the accused. The defense, on the other
hand, present evidence and testimonies to show that the accused is not guilty of the offense charged.
2. c.
Construction
and Operation
Fish Corrals/Traps,
Pens
Fish Cages
How is the testimony
of theofwitnesses
presented Fish
during
theand
trial?
Unlike in ordinary criminal cases, the testimonies of the witnesses are presented in the form of judicial affidavits. Thereafter, the
opposing party is allowed to cross-examine the witness based on the contents of the affidavit. 37
d. How long should the direct and cross-examination of a witness be conducted?
Except for justifiable reasons, the direct and cross-examination of each witness must be conducted in one (1) day. 38
240
e. What is the importance of this rule to witnesses?
3. Failure
to Comply
with Standards
This
rule expedites
the process,
saves time and additional costs to witnesses. It likewise minimizes stress on the part of the witnesses.
f. When should the court decide on the case?
The court shall decide the case within a period of ten (10) months from the date of arraignment. 39

8. STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES
a. What protection is provided by the rules for law enforcers subjected to harassment suit?
The rules adopted the concept and remedy known as Strategic Lawsuit Against Public Participation (SLAPP). This refers to an action
filed with the intent to harass, vex, exert undue pressure upon the law enforcer for his acts of enforcing environmental laws or
40 or necessary permits or not complying with documentary requirements
5. Fishing
license
protecting
thewithout
environment.
b. How do you apply the remedy against the SLAPP suit?
Upon the filing of an information in court and before arraignment, the accused may file a motion to dismiss on the ground that the
criminal action is a SLAPP.

As a result of the filing of the defense of SLAPP, the proceedings on the main case is deferred. The court is required to rule on the
defense of SLAPP.
The
court must rule
the defense
of SLAPP fish
within
(60)
days.
7. Marketing
and on
buying
illegally-caught
& sixty
fishery
species
9. EVIDENCE/ DOCUMENTARY EVIDENCE
a. How are photographs, videos and similar evidence being made admissible in court?
Photographs, videos and similar evidence may be made admissible in court when authenticated by:
241
i. the person who took the same;

ii. by some other person present when said evidence was taken; or
iii. by any other person competent to testify on the accuracy thereof. 41
b. How is authentication done?
Authentication is done by executing a sworn statement, in question and answer, regarding the circumstances surrounding the taking of
the photographs, videos and similar evidence and attesting to the accuracy of the same.

B. Basic Rights of the Accused
It is important that our environmental law enforcers are aware of the constitutionally recognized rights of the accused. This is to ensure
that no human rights are violated by our law enforcers. The following are the basic rights of the accused: 42
1. Right to due process of law. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person
C.be
Illegal
Fishing
Activities
andofDealing
in43Illegally-Caught
or following
Fishery Products
Under this right Fish
are the
rights:
denied
the equal
protection
the laws.
1. a.
Capture
of breeders,
spawners,
eggs
or fryis proved beyond reasonable doubt.
To be presumed
innocent
until the
contrary
b. To be informed of the nature and cause of the accusation against him.
c. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the
judgment.
2. d.
Construction
Operation
Fish
Corrals/Traps,
Fish
Pens and Fish Cages
To testify as and
a witness
in his of
own
behalf
but subject to
cross-examination
on matters covered by direct examination. His silence shall
not in any manner prejudice him.
e. To be exempt from being compelled to be a witness against himself.
f. To confront and cross-examine the witnesses against him at the trial.
g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
242
h. To have speedy, impartial and public trial.

2. Right against unreasonable search and seizure. The right of the people to be secured in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable. 44
3. Right to free access to courts. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
45
Fishing
or fishery
management areas
to 4.
any
personinbyoverexploited
reason of poverty.
4. Right of person under investigation. 46 Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel. 47
a. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
5. Fishing
without
license
or necessary
permits
or notsimilar
complying
with
documentary
requirements
Secret
detention
places,
solitary,
incommunicado,
or other
forms of
detention
are prohibited.
b. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against
him.
5. Right to bail. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by
law. 48
6. Right to trial. No person shall be held to answer for a criminal offense without due process of law. 49
7. Right against self incrimination. No person shall be compelled to be a witness against himself. 50
8. Right against excessive fines. Excessive fines shall not be imposed. 51
9. Right against double jeopardy. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act. 52
243
10. Right to speedy disposition of cases. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies. 53
C. Arrest, Search, Seizure and Detention

1. Arrest

a. Definition of Arrest. It is the taking of persons into custody in order that they may be bound to answer for the commission of an
offense. It is done through an actual restraint of persons to be arrested, or by their submission to the custody of the person making the
arrest.
b. Two ways by which to arrest perpetrators of a crime
i. By lawful warrantless arrest; and
ii. By arrest
with warrant
C. Illegal Fishing
Activities
1. c.
Capture
of breeders,
eggs orarrest
fry is allowed
Circumstances
underspawners,
which warrantless
i. When in the presence of the law enforcers, the persons to be arrested have committed, are committing or will commit a
crime.
ii. When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
2. Construction
and Operation
Fish Corrals/Traps,
Pens and Fish
circumstances
that theofpersons
to be arrestedFish
has committed
it. Cages
d. Steps in warrantless arrest
i. Approach the persons and ask them to stop. If needed, freeze or restrain the suspects. Employ necessary force if needed.
ii. Introduce yourself and show proper authorization.
iii. Ask for the appropriate license or permit.
244
iv. Verify if such license or permit is authentic or legal.
3. Failure
to Comply
with Standards
v. Arrest
the person
if probable cause exists.
vi. Make a manifestation of authority to the persons just arrested and tell them the reason of their arrest.
vii. Conduct thorough search on the body of the persons arrested and the immediate vicinity in which the person may gain
possession
of a weapon,
in somemanagement
way effect anareas
escape, or destroy or hide evidence.
4. Fishing
in overexploited
or fishery
viii. Seize the weapons or the evidence that may be found as a result of the above search.
ix. Tag or label the items that are seized and enter their names and descriptions in the seizure receipt.
x. Comply with the rule on Miranda rights, as follows:
5. Fishing without
permits
not
complying
with
documentary
requirements
- Apprehending
officer must
informorthe
person
arrested,
using
the language
known to and understood by him, of the
reason for the arrest.
- Apprehending officer must likewise use the same language for other warning, information or communication made
to the person arrested;
and unlicensed
commercial
municipal
- Apprehending
officer must
inform thefishers
person in
arrested
that: waters
* he has a right to remain silent and that any statement he makes may be used as evidence against him;
7. Marketing and buying* illegally-caught
& fishery
he has the rightfish
to be
assistedspecies
at all times and have the presence of an independent and competent
lawyer, preferably of his own choice;
*if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer
may also be engaged by any person in his behalf, or may be appointed by the court upon petition of the
person arrested or one acting in his behalf;
* no custodial investigation in any form shall be conducted except in the presence of his counsel or after a
valid waiver has been made;
* at any time, he has the right to communicate or confer by the most expedient means telephone, radio,
letter or messenger with his lawyer (either retained or appointed), any member of his immediate family,
245
or any medical doctor, priest or minister chosen by him or by any one from his immediate family or by his
counsel, or be visited by/confer with duly accredited national or international non-government organization.
* he has the right to waive any of said rights provided it is made voluntarily, knowingly and intelligently and
ensure that he understood the same;
* if he waives his right to a lawyer, this must be done in writing AND in the presence of counsel, otherwise,
the waiver is void even if he insist on his waiver and chooses to speak;
* he may indicate in any manner at any time or stage of the process that he does not wish to be questioned
with warning that once he makes such indication, the police may not interrogate him if the same had not
yet commenced, or the interrogation must ceased if it has already begun;
* his initial waiver of his right to remain silent, the right to counsel or any of his rights does not bar him from
invoking it at any time during the process, regardless of whether he may have answered some questions
or volunteered some statements;
* any statement or evidence obtained in violation of any of the foregoing, in whole or in part, shall be
inadmissible in evidence. 54
xi. Bring the person arrested to the nearest governemnt hospital or health center for physical and medical examination;
xii. Turn-over the accused to the nearest police station for temporary confinement;

xiii. Cause the recording of the arrest and the surrounding circumstances to police blotter and ask for a copy thereof.
xiv. Immediately arrange for an inquest proceeding before the Office of the Prosecutor.
xv. Prepare the SWORN STATEMENTs of the witnesses and apprehending officers and the APPREHENSION REPORT,
together with the supporting documents and other evidence.
e. Remedy for law enforcer if warrantless arrest is not effected
i. Conduct further investigation of the offense committed for case build-up;
ii. Prepare the necessary documentations such as the affidavits of witnesses as to the identity of the perpetrators, the crime
they committed and the circumstances under which the offense was committed.
iii. Prepare affidavit complaint;
246
iv. File the complaint with the provincial or city prosecutor of the place where the crime has been committed;
3. Failure
Comply
Standardsinvestigation.
v. to
Prepare
for with
the preliminary
vi. If the prosecutor finds that there is probable cause, s/he will file the information to the court.
vii. The complainant, through the prosecutor, can then move for the issuance of the warrant of arrest.

viii. Serve or cause the service of the warrant of arrest
f. Steps in the service of warrant of arrest
i.Seek proper entry, if necessary, into the building, office, residence, etc.
ii. Introduce yourself and show proper authorization.
iii. If refused entry, apprehending officer may break into any building, office, residence, etc. where the person to be arrested is
or is reasonably believed to be, after announcing his authority and purpose.
iv. Make a manifestation of authority to the person to be arrested and tell him the reason of his arrest and the fact that a
warrant has been issued, except when he flees or forcibly resists before the officer has opportunity to so inform him or when
the giving of such information will imperil the arrest.
v. Secure the person to be arrested.
vi. Comply with the rule on Miranda rights. (see the procedure in warrantless arrest)
vii. The officer need not have the copy of the warrant in his possession at the time of arrest. But after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as practicable.
viii. Conduct thorough search and seizure in accordance with the rules on search and seizure as setforth herein.
ix. Tag or label the items that are seized and enter them in the seizure receipt.
247
x. Turn-over the accused to the nearest police station or appropriate law enforcement agency (i.e. CIDG, PNP, NBI, etc.), for
investigatory detention.
xi. Prepare Return of Warrant within 10 days and submit to the Court which issued the same.
2. Search and Seizure
B.a.Failure
to Comply
with
Report
Requirements
Two instances
when
search
is legal:
i. lawful warrantless search
ii. search with warrant
b. Instances allowed under lawful warrantless search
i. Search as an incident to a lawful arrest. The requisites for this kind of arrest are:
Arrest must be lawful;
eggs or fry
It spawners,
must be contemporaneous
with the arrest in both time and place; and
It must be within the vicinity of the peson arrested, immediate control, which is the evidence of the offense or
weapon
ii. Seizure of evidence in plain view. The elements for this doctrine are:
A prior of
valid
intrusion
based onFish
the valid
arrest in which the police are legally present in the pursuit
2. Construction andOperation
Fish
Corrals/Traps,
Penswarrantless
and Fish Cages
of their official duties;
The evidence was inadvertently discovered by the police who had the right to be where they are;
The evidence must be immediately apparent; and
Plain view justified mere seizure of evidence without further search; 55

iii. Search of a moving vehicle. Persons duly commissioned to enforce tariff and customs laws have the authority to stop and
search moving vehicles and seize goods suspected to have been introduced in the country in violation of the customs laws. 56
248
Seizures of fishing vessels and boats breaching our fishery laws are allowed. These vessels are normally powered by highspeed motors that enable them to elude arresting ships of the Philippine Navy, the Coast Guard and other government
3. Failure
to Comply
with Standards
authorities
enforcing
our fishery laws. 57
By analogy, seizures of moving vehicles transporting logs which are breaching our forestry laws are allowed.
iv. Consented warrantless search. In case of consented searches without warrant or waiver of the constitutional guarantee
against obstrusive searches, it is fundamental that to constitute a waiver, it must first appear that (1) the right exists; (2) that
the person involved had knowledge, either actual or constructive, of the existence of such right; and (3) the said person had
an actual intention to relinquish the right. 58
v. Customs search. Tariff and Customs Code allows police authorities to enter, pass through or search any land, enclosure,
warehouse, store or building, not being a dwelling house; and also to inspect, search and examine any vessel or aircraft and
any trunk, package, box or envelope or any person on board[;]or stop and search and examine any vehicle, beast or person
suspected
holdingor
ornecessary
conveying any
dutiable
or prohibited
article
into requirements
the Philippines contrary to law. 59
5. Fishing
withoutoflicense
permits
or not
complying
with introduced
documentary
vi. Stop and frisk. A police officer may after properly introducing himself and making initial inquiries, approach and restrain a
person manifesting unusual and suspicious conduct, in order to check, the latters outer clothing for possibly concealed
weapons. 60
vii. Exigent and emergency circumstances 61 Those circumstances that would cause a reasonable person to believe that entry
(or other
relevant and
prompt
action) was
necessaryfishers
to prevent
physical harm
to the officers or other persons, the destruction of
6. Intrusion
of licensed
unlicensed
commercial
in municipal
waters
relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement
efforts. 62
7. Marketing
viii. Checkpoints
ix. Republic Act No. 9497 or An Act Creating the Civil Aviation Authority of the Philippines, requiring inspections or
checks in airports.
body
c. Search with warrant

i. Search warrant defined. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. 63
A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. 64
249
ii. Steps in serving a search warrant

Seek proper entry into the building, office, residence, etc.
If refused admittance, officer may break open any outer or inner door or window of a house or any part of a
house, or anything therein to execute the warrant, after giving notice of purpose and authority.
Upon entry, inform the occupants-owners of the purpose of the search and show the copy of the search
warrant.
Search of the house, room or any other premises shall be made in the presence of the lawful occupants or any
member
his family or in the absence thereof, two witnesses of sufficient age and discretion residing in the
B. Failure to Comply with
Reportof
Requirements
same locality.
Seize the items indicated in the search warrant.
Prepare seizure receipt and give copy to the lawful occupant or any member of his family. If both were absent,
leave a seizure receipt in the presence of the two witnesses residing in the same locality. Receipt must be
place in the place where the law enforcers found the seized items.
If arrest of person is necessary, follow the procedure on arrest without arrest warrant.
Turn over custody over the apprehended person to the nearest police station.
and Dealing
in Illegally-Caught
Fish
Prepare
the necessary
documentation
to or
fileFishery
case, if Products
there is none yet, against the person apprehended.(see
protocol on arrest)
eggs or over
fry the seized items to appropriate offices (wildlife: DENR/BFAR rescue center) ensuring
spawners,
Turn over custody
that the turn over is covered by proper turn-over receipt.
Return the search warrant to the judge who issued the same pursuant to the Rules (Sec. 12 Rule 126). 65
Coordinate with the judge regarding turnover and deposit of the evidence seized during the conduct of the
search.
3. Custody and safekeeping of confiscated items
a. Who has the primary responsibility for the custody and safekeeping of the confiscated items?
Legally it is the apprehending officer who confiscated the items. This is so because these confiscated items are his/her evidence to the
case that he/she filed as a result of the apprehensions.
b. What options does the apprehending officer have if it is not feasible to bring the confiscated items to the place where s/he is holding
office?
250
i. The confiscated items may be placed under the custody of the nearest local public official such as the Barangay Captain,
Municipal/City Mayor, Provincial Governor or the Philippine National Police. Said custody must be duly acknowledged and
3. Failure
to Comply
with
Standards
receipted
by the
official
taking custody;
ii. The Office of the apprehending officer may enter into a memorandum of agreement with government offices that have
spacious facilities for the custody and safekeeping of the confiscated items. Each turn over of custody must be duly
acknowledged and receipted.

iii. If the first two options fail, the apprehending officer may convert the object evidence to documentary evidence, through
photodocumentation, and opt not to confiscate the items.
4. Detention, Inquest and Preliminary Investigation
a. What must the law enforcer do after a warrantless arrest?
After a valid warrantless arrest, the apprehending officer must deliver the arrested person to the nearest police station or jail. 66
Thereafter, the former must prepare and file the affidavit complaint, together with the supporting documents to the prosecutor of the
place where the crime was committed for inquest.
b. Is there a legal fee for filing the criminal complaint for violation of any environmental law with the Office of the Prosecutor?

No. There is no legal fee. Indigent litigants, the Republic of the Philippines, its agencies and instrumentalities other than government
owned and controlled corporation, are exempted from the payment of legal fees.
c. 7.
What
is inquest?
Marketing
Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court. 67
d. Who are the inquest officers?
251
Inquest officers are the prosecutors assigned by the City or Provincial Prosecutor to inquest duties. If there is only one Prosecutor in
the area, said Prosecutor shall be the one to conduct all inquest cases in the said area for his appropriate action. 68
e. When and where shall inquest officers conduct their duties?
Unless otherwise directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge their function during the
hours of their designated assignments and only at the police station/headquarters of the Philippine National Police in order to execute
and facilitate the disposition of inquest cases. 69

f. When shall an inquest proceeding considered commenced?
The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforcement authorities of
the complaint/referral documents which should include:
i. the affidavit of arrest;
ii. the investigation report;
iii. the statement
theDealing
complainant
and witnesses; Fish
and or Fishery Products
C. Illegal Fishing
Activitiesof
and
in Illegally-Caught
iv. other supporting evidence gathered by the law enforcer in the course of the latters investigation of the criminal incident.

The inquest Officer shall as far as practicable, cause the affidavit of arrest and statement/affidavits of the complainant and the
witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. The inquest proceedings must be
terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code, as amended. 70
g. What are the periods prescribed under Article 125 of the Revised Penal Code?
are:
2. These
Construction
i. 12 hours for offenses punishable by light offenses;
ii. 18 hours for offenses punishable by correctional penalties; and
iii. 36 hours for offenses punishable by afflictive or capital penalties. 71
252
h. Are there circumstances that can justify extension of the above periods for the filing of the information after the inquest proceedings?
3. Failure
Comply
with Standards
Yes.
These to
are
circumstances
that are beyond the control of the apprehending officers, such as distance from the place of
apprehension to the nearest police station where an inquest prosecutor may be stationed or to the latters office, lack of transportation
and inclement weather,
i. Is presence of the detained person required during inquest?

Yes. Presence of the detained person who is under custody shall be ensured during the proceedings. However, said presence may be
dispensed with in any of the following cases:
i. if he is confined in a hospital;
ii. if he is detained in a place under maximum security;
iii. if production of the detained person will involve security risk, or
iv. if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
The absence of the detained person by reason of any of the above must be noted by the Inquest Officer and reflected in the record of
the case. 72
j. What is the initial duty of the inquest officer?
The inquest officer must first determine if the arrest of the detained person was made in accordance with the provisions of Rule 113,
6. Intrusion
and of
unlicensed
commercial
fishers
in municipal
waters
Section
5 (a) &of
(b)licensed
of the Rules
Court, which
provides the
conditions
under which
a warrantless arrest lawful, namely:
i. When, in the presence of the apprehending officer, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
ii. When an offense has just been committed, and the apprehending officer has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it.
For this purpose, the inquest officer may summarily examine the apprehending officers on the circumstances surrounding the arrest. 73
k. What happens if arrest is properly effected?
253
If the inquest officer finds that the arrest was properly effected, the detained person should be asked if he desires to avail of a
preliminary investigation. If so, the detained person must execute a waiver of the provisions of Article 125 RPC as amended, which
provides the allowed period for temporary confinement. The waiver must be done with the assistance of a lawyer, or a responsible
person of his choice.
The preliminary investigation may be conducted by the inquest officer himself or by any other Assistant Prosecutor to whom the case
may be assigned by the City or Provincial Prosecutor, which investigation shall be terminated within fifteen days (15) days from its
inception. 74

l. What happens if the detained person does not opt for a preliminary investigation or refuses to execute a waiver?
If the detained person does not opt for a preliminary investigation or refuses to execute a waiver, the inquest officer shall proceed with
the inquest by examining the sworn statements/affidavits of the complainant and the witness and other supporting evidence submitted
to him.
If necessary, the inquest officer may require the presence of the complainant and witnesses and subject them to an informal and
investigation
or examination
forinpurposes
of determining
theFishery
existence
of probable cause. 75
C.summary
Illegal Fishing
Activities
and Dealing
Illegally-Caught
Fish or
Products
When of
is there
a probable
cause?
1. m.
Capture
breeders,
spawners,
eggs or fry
There is a probable cause when the evidence submitted to the inquest officers engenders a well-founded belief that a crime has been
committed and that the arrested or detained person is probably guilty thereof. 76
n. What happens if there is a finding of probable cause by the inquest officer?
there is a finding
probable of
cause,
inquest officer
shall
prepare
the corresponding
information with the recommendation that the
2. IfConstruction
and of
Operation
Fish the
Corrals/Traps,
Fish
Pens
and Fish
Cages
same be filed in court. The information shall indicate the offense committed and the amount of bail recommended, if bailable.
The record of the case, together with the prepared information shall be forwarded to the City or Provincial Prosecutor for appropriate
action.
The information may be filed by the inquest officer himself or by any other Assistant Prosecutor to whom the case may be assigned by
the City or Provincial Prosecutor. 77
254
o. What is Preliminary Investigation?

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. 78
p. When is preliminary investigation required?

For environmental cases, a preliminary investigation is required to be conducted before the filing of an information for violation of an
environmental law. 79
It is not required in cases of warrantless arrests, as long as an inquest has been conducted, as outlined above. 80
q. Who are the officers authorized to conduct preliminary investigations?
The following may conduct preliminary investigations:
(i)
(ii)
Provincial or City Prosecutors and their assistants;

National and Regional State Prosecutors 81

r. What are the basic steps in preliminary investigation?
The basic steps in preliminary investigation are:
i. Filing of the Complaint-Affidavit before the Provincial/City Prosecutor where the offense was committed. 82
ii. Issuance of subpoena by the investigating prosecutor to the respondent.
iii. Filing of Counter-Affidavit by the respondent.
iv. If needed, conduct of hearing.
v. Resolution. 83
255
D. Investigation, Documentation and Evidence Gathering

1. Investigation defined.
It is the process of gathering evidence and information on a particular event or subject matter.
2. Investigators must know the 5w and 1h

a.what
b. who
c. when
d, where
e. why
f. how
C.3.Illegal
Fishing Activities
Documentation
defined.and Dealing in Illegally-Caught Fish or Fishery Products
1. The
Capture
of breeders,
spawners,
or fry occurrences, statements and narration of witnesses, proofs, processes and results of
process
of recording
events, eggs
unexpected
investigation. It is also an act of processing the information and data gathered that can be used in court.
4. Examples of documentation
a. taking of pictures or video
84
audio tape recording
2. b.
Construction
c. execution of sworn statements
d. note taking
e. collation of documents
f. report writing
5. Evidence
a. Definition. Evidence refers to everything that is used to determine or demonstrate the truth an assertion.
256
b. Admissibility of Evidence
3. Failure
to Comply with Standards
i. Competent
ii. Relevant to the issue at hand
c. Competent evidence refers to those that are not excluded by laws or the Rules of Court.
d. 4.
Examples
evidence
Fishing of
in incompetent
overexploited
i. Product of illegal search
ii. Admission by the accused made without the presence of counsel or as a result of torture.
iii. Failure to inform the accused of his/her Miranda Rights
iv. Hearsay evidence
e. Kinds of Evidence
i. Object Evidence those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be
exhibited to, examined or viewed by the court (fishing net, fish, fishing vessel, mangrove area)
ii. Documentary evidence. Documents as evidence consist of writing or any material containing letters, words, numbers,
figures, symbols or other modes of written expression offered as proof of their contents.
iii. Testimonial Evidence evidence submitted to the court through the testimony or deposition of a witness (testimony of
witnesses).

For witnesses, we have expert witnesses and ordinary witnesses. Examples of expert witnesses in environmental cases are accredited
fish examiners to identify dynamited fish, forestry scalers of the DENR, veterinarians of the PAWB, Environmental Management
Specialist of the EMB assigned in the respective pollution division offices of the region.
257
Chapter 6. Cases
To illustrate how illegal and destructive activities in the coastal and marine environment may be properly documented in preparation for
case filing as prohibited acts, applying the appropriate procedural rules, this section provides hypothetical cases for the reference of the
law enforcer.
1. Obstruction to the use and enjoyment of foreshore areas
Mayamang Balikbayan bought a beach property. He began to build a concrete wall, closing the foreshore area immediately adjacent to
his property for the exclusive use of his guests and visitors. The fisherfolk organization members were prohibited from passing through
the foreshore land to go to their boats and were prevented from docking in front of the beach property. They went to the barangay
captain to report the activities. The barangay captain called a meeting, but Mayamang Balikbayan did not attend.
The fisherfolk organization members submitted a complaint on the matter with the CENRO, who in turn, conducted an investigation and
a report
to the
RED with eggs
recommendation
to issue a cease and desist order (CDO) and to file a case in court for the issuance
1. submitted
Capture of
breeders,
spawners,
or fry
of a demolition order for violation of Section 51 of PD 1067 or overstaying or building structures in easement areas. The RED followed
the recommendation, issued a CDO, and filed a petition to demolish the structure with prayer that the Sheriff, with the assistance of
DENR, LGU, and the PNP, execute the demolition order. Attached to their petition were affidavits of witnesses regarding the
construction of the concrete wall, that they were prohibited from passing through the foreshore and from docking boats at the area;
certification from the CENRO that the construction was within 20 meters along the margin of the shore, and photographs or video of the
construction.
The Court granted the petition.
Who would enforce the order? The Sheriff, with the assistance of the DENR, LGU and the PNP.
258
Note: In similar cases, the community may also file in the proper court a Petition for Environmental Protection Order with prayer for a
Temporary Environmental Protection Order (TEPO) using the Rules on Environmental Procedure. In this case, the Sheriff, with the
3. Failureoftothe
Comply
assistance
DENR,with
LGUStandards
and the PNP may execute the Order.
DENR approval
In the above case, Mayamang Balikbayan also reclaimed a portion of the foreshore area and constructed a jetty for his guests with
speedboats.
Upon inquiring with the DENR, a fisherfolk organization found out that he does not have an ECC.
They filed a complaint with the Regional office of the EMB for violation of Section 4, PD 1586 or undertaking a project without an ECC.
They attached to the complaint a photograph or video showing that Mayamang Balikbayan reclaimed and constructed a jetty along the
5. Fishing
without report
license
necessary
permits
or not complying
with
documentary
requirements
foreshore,
CENROs
onor
the
reclamation
and construction
activities,
affidavit
of witnesses,
and certification from EMB on the lack
of ECC.
What shall EMB do?
1) Conduct investigation. If positive for violation, impose appropriate penalties such as fines.
2)6.
Determine
other
violations
committed,
such as pollution.
file PAB case.
Intrusionifof
licensed
andare
unlicensed
commercial
fishers Ifinso,
municipal
waters
An enforcer found out that an oil refinery is discharging its effluents directly into a nearby creek leading to Batangas Bay. To find out if
the company has a discharge permit and is complying with DENR standards, he went to the EMB Regional Office for this information.
He found out that the company indeed had a discharge permit but could not check its compliance with DENR standards because it is
not submitting regular reports.
Was there a violation?
259
Yes, there was a violation of Sec. 27(m) of RA 9275 on refusal or failure to submit reports whenever required by the Department in
accordance with the Clean Water Act.
What should he do?
1.
2.
Enforcer should file a complaint with the Regional Director of the EMB IV-A.
Regional Director must direct conduct of investigation. Upon positive determination of violation, RD should file PAB case. The
complaint to be filed with the PAB must be accompanied by the recommended evidence for the violation in Chapter 4 of this
Manual.
3. Upon order by the PAB on the commission of the offense, impose and collect proper fines.
During a preventive seaborne operation, BFAR fishery law enforcers chanced upon a vessel doing fishing activity. They informed the
captain that he will board the vessel to conduct routine inspection. While doing so, they saw a fish that turned out to be Sabalo,
weighing around 10 kilos. When asked what he will do with the Sabalo, the captain informed the enforcers that it will be for his familys
1. consumption.
Capture of breeders,
spawners,
eggs orinformed
fry
Unconvinced,
the enforcers
the captain that he was violating Section 98 of RA 8550. They did the following:
1. Apprehended the captain and informed him of his Miranda rights.
2. Conducted search, inventory and seizure of the Sabalo and items used in the commission of the offense.
3. Labeled the Sabalo for turnover to BFAR laboratory for proper identification.
4. Prepared seizure receipt for the seized items and provided a copy to the captain.
5. Took photographs of the Sabalo, other seized items, the captain and his ship.
6. Brought the ship to the nearest port and the captain to the nearest police station for safekeeping
7. Prepared the necessary documents such as
a. Affidavit of apprehending officer/complaint-affidavit and affidavit of witnesses
b. apprehension report indicating:
i. the identity and personal circumstances of the apprehended captain,
ii. circumstances of possession, and
iii. the positive identification by the enforcers that such fish is a Sabalo.
8. Turned over the confiscated Sabalo to the BFAR laboratory for proper identification and issuance of appropriate certification.
9.
Asked BFAR laboratory for a turnover receipt of the Sabalo.
10. Turned over the custody of the confiscated ship to the custodian officer of the BFAR storage facility and asked for a turnover
receipt.
260
11. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared and
secured for case filing
3. Failure
to complaint
Comply with
Standards
12. Filed
before
BFAR for the revocation of license of the fishing boat/vessel with the above documents attached
in overexploited
or the
fishery
areas
At4.a Fishing
regular inspection
activity of
Taskmanagement
Force ABBA in
Lingayen Gulf, they noticed a group of fish cages that seemed to be outside
the designated mariculture zones of Bolinao, Pangasinan. They took photographs of the fish cages, showing reference points indicating
the relative location of the fish cages. They immediately notified the Municipal Agriculture Office (MAO) regarding the presence of the
cages. A follow-up joint investigation by the MAO technicians and the Fishery Law Enforcer Team (FLET) revealed that the cages were
indeed outside the authorized mariculture zone. They secured certification from the MAO that the fish cages were outside the
mariculture zone and that these are operating without license from the LGU. Based on this, they filed a petition before the Office of the
Mayor to demolish the cages for violating Section 103 (e) of RA 8550 or Construction and Operation of Fish Corrals/Traps, Fish Pens
and Fish Cages. They attached the following to the petition: Affidavit of the Task Force ABBA members indicating the operation of the
5. cages,
Fishinginvestigation
without license
necessary
permits
or not
fish
report,orand
certification
from the
MAO.
The law enforcers also filed a criminal complaint for violation of Section 103 (e) of RA 8550 or Construction and Operation of Fish
Corrals/Traps, Fish Pens and Fish Cages against the fish cage operators with the Office of the Prosecutor with the same attachments
to their complaint.

In Municipality A, small fishermen have been complaining of serious depletion of their fishery resources because of the proliferation of
bagnets or taksay. Because of this, the Bantay Dagat decided to apprehend the bagnets for commercial fishing in municipal waters in
municipal waters. One of the apprehended fishing vessels was manned by a crew of 15 unlicensed persons. When asked how long
they have been employed by the fishing vessel, they informed the apprehending officer that they have been employed for six months
already. Aside from commercial fishing in municipal waters, the bagnet also violated Section 104 of RA 8550 or Commercial Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. Pursuantly, the enforcers filed a complaint with the Office
ofthe Prosecutor against the operator of the vessel for employing fishworkers without license.
The complaint was accompanied by the following:
261
1. Affidavit of apprehending officer indicating that

a. at the time of apprehension, persons who were later found out to be unlicensed were employed as fish workers or
crew, and
b. that the apprehending team asked for their licenses but none could be presented,
2. Investigation report by the apprehending officers or investigating team,
3. Inventory of crew by the apprehending officers or investigating team and
4. Certification from the LGU that no license has been issued in the name of the alleged unlicensed fishworkers.
Fishing
overexploited
or fishery
management areas
B.4.Failure
to in
Comply
with Report
Requirements
BFAR declared a closed fishing season for sardines in the waters of Zamboanga del Norte from December 1 to March 1, 2012 during
its spawning season. During the seaborne operation by Siocon Bantay Dagat, they spotted a commercial fishing boat using a
commercial ringnet for fishing. The ringnet is already being hauled back into the boat full of sardines. The law enforcers approached the
commercial fishing vessel in accordance with the boarding procedure and determined its position using GPS. Once established that
they are within the area declared as closed season, the enforcers informed them of the intention to arrest them for violating Sec. 95,
R.A. 8550.The law enforcers did the following:
1. Apprehended the violators and informed them of their Miranda rights.
1. Capture
of breeders,
spawners,
eggstagging
or fry and seizure of the fish catch, equipment and paraphernalia used in the commission of
2. Conducted
search,
inventory,
the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the captain.
4. Took photographs of the seized items, the violators and the ship.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
a. affidavits of apprehending officer/complaint-affidavit and affidavit of witnesses
i. the identity and personal circumstances of the violators,
ii. circumstances of the illegal act
7. Disposed of the confiscated fish to the municipal jail and asked for a Receipt of Distributed Confiscated Fish
8. Turned over the custody of the boat, equipment and paraphernalia to the LGU custodian officer for impoundment and asked
for a turnover receipt.
9. Brought the apprehended persons to the prosecutor for inquest proceedings and submitted the documents they prepared for
case filing.
262
to Comply
with Standards
On3.aFailure
cold morning
of October
11, 2011, at around 5:00 in the morning, members of Fishery Law Enforcement Team (FLET), acted
upon the information that several persons from Danao are catching fry in the territorial jurisdiction of Carmen. Equipped with the
necessary Mission Order issued by the Mayor, the FLET proceeded to Brgy. Poblacion and there they saw three persons in the act of
gathering prawn fry and bangus fingerlings. After making necessary introductions, the FLET members asked the fishermen for a
license or permit to gather fry and fingerlings. Failing to show any, the FLET informed them of violating Section 86, par 1 of R.A. 8550.
The
law enforcers
did the following:
4. Fishing
in overexploited
1.
2.
Apprehended the violators and informed them of their Miranda rights.

Conducted search, inventory, tagging and seizure of the fry and fingerlings, equipment and paraphernalia used in the
commission of the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the violators.
4. Took photographs of the seized items, and the violators.
5. Brought the apprehended persons to the nearest police station for safekeeping.
5. Fishing
without
or necessary
6. Prepared
thelicense
necessary
documentspermits
such asor not complying with documentary requirements
c. Certification from the MAO that the violators are not listed in the Fisherfolk Registry of Carmen and that they have
no permit to gather fry and fingerlings
6. Intrusion
of licensed
unlicensed
commercial
in fingerlings
municipal waters
7. Turned
over the and
custody
over the
confiscatedfishers
fry and
to the Office of the Municipal Agriculturist for proper
disposition, and asked for a Turnover Receipt
8. Turned over the custody over equipment and paraphernalia to the LGU custodian officer for impoundment and asked for a
turnover
receipt.
7. Marketing
and
buying illegally-caught fish & fishery species
case filing.
The municipal FLET spotted a commercial fishing vessel in the act of fishing within the fifteen kilometer radius of the municipal waters
of Bantayog. There is no municipal ordinance allowing small and medium commercial fishing vessel to fish within the 10.01 to 15
kilometers. They approached the vessel and announced their intention to board after making proper introduction as fishery law
263
enforcers. They took photographs of the operation. After boarding, they asked for the vessel registration while determining using a GPS
the exact location of the vessel. They found out that the gross tonnage of the vessel is more than 3 gross tons and it is within 12
kilometers from the shoreline. They then proceeded to apprehend the top three highest officers of the boat after informing them that
they violated Section 86, in relation to Section 18, RA 8550. The law enforcers did the following:
1.
2.
Informed the violators of their Miranda rights.

Conducted search, inventory, tagging and seizure of the fish, equipment and paraphernalia used in the commission of the
offense.
3. to
Prepared
receiptRequirements
for the seized items and provided a copy to the violators.
B. Failure
Complyseizure
with Report
4. Took photographs of the seized items, vessel, and the violators.
5. Brought the boat to the shore and the apprehended persons to the nearest police station for safekeeping.
C. Illegal Fishing
Dealing
in Illegally-Caught
Fish
or Fishery
Products
c. Activities
Copy of and
the boat
registration
or certification
issued
by MARINA/PCG/LGU
as to its gross tonnage
7. Turned over the custody over the equipment, paraphernalia and vessel to the LGU custodian officer for impoundment and
for a turnover
receipt.
1. Capture asked
of breeders,
spawners,
eggs or fry
8. Turned over the confiscated fish to the municipal jail or charitable institution and asked for a Receipt of Distributed
Confiscated Fish
case filing.
An inter-agency task force, with a fish examiner as one of its members, conducted market denial operation at Dalahican port. They
went around and looked at fish being sold. They declared an inspection of a group of fish crates at the port. They conducted random
sampling on the crates. Upon fish examination, twenty crates were found positive for dynamited fish. They then informed the owner of
the fish, Mr. Palakaya, of the result of the fish exam and that they would apprehend him for violating Section 88, paragraph 4 of RA
8550 or possession, dealing in, selling or in any manner disposing of illegally-caught fish. The law enforcers did the following:
1.
2.
3.
Apprehended and informed the violator of his Miranda rights.

Furnished him with a copy of the Scientific Examination Report of the dynamited fish.
Conducted inventory, tagging and seizure of the twenty crates of dynamited fish used in the commission of the offense.
264
4. Prepared seizure receipt for the seized items and provided a copy to the violator.
5. Took photographs of the seized items, the violator and the fish examination conducted.
3. Failure
to Comply
Standards
6. Took
samples with
of the
dynamited fish from the twenty crates and properly labeled these and issued Receipt of fish samples
taken for examination to the violator
7. Brought the apprehended person to the nearest police station for safekeeping.
apprehension
indicating:
4. Fishing inb.overexploited
or report
fishery
management areas
c. Certification by the fish examiner that the fish is caught with the use of explosives
9. Turned over the confiscated fish to the Lucena City jail and asked for a Receipt of Distributed Confiscated Fish
10. Brought the violator to the prosecutor for inquest proceedings and for submission of the documents they prepared for case
filing
Fishing
withoutcyanide,
license or
necessary
or not
complying
with documentary
requirements
8. 5.
Use
of dynamite,
fine
mesh netpermits
and other
forms
of destructive
fishing
Based on the information that Fisherman X was using fine mesh net, fishery law enforcement officers of Municipality Z put him under
surveillance. One night, when Fisherman X went seaward to fish, the law enforcers informed him that they will board the latters boat as
part of their regular monitoring activities. On the boat, the law enforcers found a fine mesh net. The law enforcers informed him that he
is violating Section 89 of RA 8550, then apprehended Fisherman X and brought him to the nearest police station for safekeeping. They
also
measuredofthe
mesh size
found out
they are only
2 cm.
diameter.waters
They then proceeded to confiscate and inventory the
6. Intrusion
licensed
and and
unlicensed
commercial
fishers
in in
municipal
fishing equipment and paraphernalia and issued a confiscation receipt to Fisherman X and also impoundment receipt for the vessel.
They turned over the boat and other confiscated items to the LGU for safekeeping. They prepared affidavits of witnesses and
photographs of the operation and attached these to the complaint which they filed with the Office of the Prosecutor when they brought
the7.apprehended
persons
forillegally-caught
inquest proceedings.
Marketing and
buying
While the documentary requirements were complete, nevertheless, the complaint was dismissed by the prosecutor because there was
no violation committed.
Why? To constitute fishing with the use of fine mesh net, the net must have been lowered and used in actual fishing. In this case the
net is not in use because it is still in the vessel.
265
Juan cleared mangroves to make way for the implementation of his newly-issued Fishpond Lease Agreement (FLA) with the Bureau of
Fisheries and Aquatic (BFAR). It was witnessed by residents of nearby communities that Juan cleared the mangroves and built dikes
around the area to control the flow of water into the area. Conscious of the potential violation being committed by Juan, Ronel, one of
the witnesses, took pictures of the clearings and dikes and submitted these to the DENR and BFAR with the request to conduct an
ocular inspection. Upon joint inspection by the DENR and BFAR, they found out that a mangrove area has indeed been cleared of
mangroves, and they also found witnesses saying that they saw Juan clearing the swamp and constructing dikes. The composite team
the following:
B.did
Failure
1. Gathered and documented evidence for case building such as:
a. Affidavits of witnesses (DENR and members of the community),
b. Location map of the area, and
c. Inventory the number of mangroves cut
d. Pictures
2. BFAR prepared and executed a complaint-affidavit with the Prosecutors Office against Juan for mangrove conversion and
filed another complaint with its office against Juan for violating FLA conditions which provides that no mangrove shall be cut
C. Illegal Fishing
Activities
in the leased
area.and Dealing in Illegally-Caught Fish or Fishery Products
1. E.
Capture
Miningof& breeders,
Quarryingspawners, eggs or fry
1. Illegal upland mining
The barangay captain of Barangay Y, Palanas, Camarines Norte received a report that there are many small-scale miners operating in
the upland areas of his barangay. The gold ore extracted from the mines are being sold to one small-scale miner who has a permit. The
captain
took
photographs
of the
small-scale mining
activities
the trucks transporting the ore from the area.
2. barangay
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Pens
and and
FishofCages
The barangay captain reported the matter to the Mines and Geosciences Bureau (MGB) of Region V and requested that an
investigation be conducted. The MGB conducted an investigation of the area. The investigation report showed that extraction of gold
ore were being conducted by many small-scale miners without any permit, and that this violates Section 103 of RA 7942 or Theft of
Minerals. The MGB issued a Cease- and- Desist Order to stop the mining operations and did the following:
1.
2.
Conducted investigation to determine identity of violators, specific acts performed in violation of the Mining Act, and witnesses
Prepared the necessary documents for case filing:
a. Investigation Report on the extraction and disposition of minerals
266
b. Photo or video showing the extraction and disposition of minerals

c. Photo or video of minerals/mineral products, including the tools, equipment and conveyance used in the commission
Standards
of thewith
offense
d. Sample of minerals
e. Results/certification of kind and volume of mineral
f.
MGB Certification as to the lack of mining agreement, lease, permit, license
g. Affidavits of witnesses showing extraction and delivery of minerals by the violator/s to the small-scale permit holder
3. Prepared
complaint-affidavit
withmanagement
the above documents
4. Fishing
in overexploited
or fishery
areas as attachments and filed the same with the Office of the Prosecutor.
Note: The MGB also has the option to coordinate with the NBI to conduct the investigation in determining identity of the violators
and specific acts performed. Considering the result of the investigation, either the MGB or the NBI can file the complaint-affidavit
with the Office of the Prosecutor.
2. Offshore mining
A group of fishermen of Lingayen Gulf filed a petition to the Municipal Mayor to stop a ship from siphoning sand from from the seabed
located around 200 meters seaward from the mean low tide because it makes the water murky, making it difficult for them to fish. The
Mayor conducted a fact-finding mission to investigate the case. The team took pictures of the ship siphoning the sand, recorded the
location of the ship using a GPS, and took the affidavits of the fishermen who saw the activity. Based on the findings of the
investigation, the Mayor, in behalf of the municipal government, filed a complaint against the ship owner, operators and crew with the
Prosecutors
for violating
Section 15 ofcommercial
DAO 2010-21
in relation
to Section
110 (Other violations) of RA 7942.
6. IntrusionOffice
of licensed
and unlicensed
fishers
in municipal
waters
3. Onshore mining
One day, a group of officials from Barangay X noticed trucks loaded with black sand passing through their barangay road. When they
investigated, they discovered that the black sand came from the beach. At the beach, they saw heavy equipment extracting and loading
black sand onto waiting trucks. Upon further investigation, they found out that the sand are being brought to adjacent Barangay Ys
beach where temporary structures have been put up for separating magnetite from the sand. They saw a huge mound of black sand
beside the temporary structure. Further in the horizon of the second barangays beach, they saw a cargo ship apparently waiting for the
magnetite to be loaded into it. They took photographs of the scenes at the Barangays X and Y and attached these to a letter of request
addressed to the MGB and EMB to conduct an investigation. The joint EMB and MGB investigation report revealed that the extraction,
processing and transport activities are without permits and ECC. The EMB and the MGB issued Cease-and-Desist Orders and filed a
267
complaint with the Office of the Prosecutor for violation of Section 179, DAO 2010-21 in relation to Sec. 110 of RA 7942 and Beach
Quarrying under BP 265, attaching the Recommended evidence for the violation in Chapter 4 of this Manual.
4. Quarrying
Marilyn, the barangay captain of Piris complained against Mang Tinos extraction of sand from the beach of her barangay. Mang Tino
contended that he had a permit from the Provincial Mining Regulatory Board (PMRB). Doubting the authenticity of Tinos permit,
to PMRB
to Report
inquire ifRequirements
a permit was indeed issued for the quarry activity. PMRB denied issuing such permit knowing fully
B.Marilyn
Failurewent
to Comply
with
that beach quarrying is prohibited under Section 1 of Batas Pambansa Blg. 265. With this knowledge, Marilyn then proceeded to do the
following:
1. Prepared the necessary documents for case filing:
a. Photo or video showing the extraction of minerals
b. Photo or video of the extracted beach sand, including the tools, equipment and conveyance used in the commission
of the offense
c. Sample of the beach sand
C. Illegal Fishing
and Dealingofinthe
Illegally-Caught
or Fishery Products
d. Activities
kind of materialFish
extracted
e. PMRB Certification as to the lack of quarrying permit
spawners,
eggs orshowing
fry
f.
Affidavits
of witnesses
extraction
2. Caused the preparation of the complaint-affidavit with the above documents as attachments and filed the same with the Office
of the Prosecutor.
The twin reefs of Miling and Minay in the Gulf of Ragay were declared as Protected Seascape. A delineation survey was conducted
with the aid of the NAMRIA and the boundary of the protected area was marked with buoys. One day, PA law enforcers saw at least
three fishermen on board a motorized banca cruising within the boundaries of the PA. The law enforcers took pictures of the incident,
waited for the motorized banca to leave the PA, and signaled for the three fishermen to stop. The PA law enforcers then inquired if the
fishermen had a permit to use a motorized banca within the PA. When the fishermen said no, the law enforcers informed them that they
violated Sec. 20(c) of RA 7586. They then proceeded to do the following:
1.
Apprehended and informed the violators of their Miranda rights.
268
2.
Brought the boat to shore and conducted inventory, tagging and seizure of the boat, its engine and other equipment, tools and
paraphernalia used in the commission of the offense.
3. Failure
to Comply
with
Standards
3. Prepared
seizure
receipt
for the seized items and provided a copy to the violators.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the Municipal Police Station of Buenas Suerte for safekeeping.
b.
apprehension
indicating:
or report
fishery
management areas
c. Certification from the PAMB or PaSu that said motorized equipment use is without permission
7. Turned over custody over the confiscated items to the custodian officer of the Office of the PASu and asked for a Turnover
Receipt.
8. Brought the violators to the prosecutor for inquest proceedings and submitted the documents they prepared for case filing
The members of BFARs Quick Response Team (QRT) are on board the MCS vessel in the vicinity of Masinloc, Zambales as part of
their regular monitoring activities. The MCS vessel went near a commercial fishing vessel identified as F/B Panatag to conduct
regulatory inspection. The QRT notified the crew of the F/B Panatag of their intent to board but the fishing vessel sped away. The MCS
vessel
chased of
and
caught up
F/B Panatag
after thirtyfishers
minutes.
The QRT members,
6. Intrusion
licensed
andwith
unlicensed
commercial
in municipal
waters again, notified the fishing vessel of their intent
to board. After boarding the vessel, they introduced themselves and showed their identification/authority. The boat master was
informed of his violation of Section 106 of the Fisheries Code (obstruction to fishery law enforcement officer) and proceeded to do the
following:
1. Apprehended and informed the boat master of his Miranda rights.
2. Brought the F/B Panatag to Masinloc port and conducted inventory, tagging and seizure of the vessel, equipment,
paraphernalia and other tools used in the commission of the offense.
3. Prepared seizure receipt for the seized items and provided a copy to the violator.
4. Took photographs of the seized items and the violators.
5. Brought the apprehended persons to the nearest police station for safekeeping.
269
7.
8.
9.

iii. Certification by the BFAR that the fishery law enforcement officer is in the performance of his duties
Turned over custody of the confiscated items to the custodian officer of the nearest BFAR storage facility and asked for a
Turnover Receipt.
Brought the violators to the prosecutor for inquest proceedings and submitted the documents they prepared for case filing
Submitted a complaint and report with the BFAR and the MARINA for the cancellation of the license of the fishing boat and
the cancellation of the license of the master fisherman

A portion of a coastal town X was declared by the Department of Environment and Natural Resources (DENR) as critical habitat
because of its rich biodersity. This area, measuring around 1,000 hectares, covers a picturesque plateau with a steep ridge leading to a
pristine coastal area below. Unfortunately, a developer that has been granted a permit prior to the DENR declaration, started
developing the area for its clients. The developer cleared the area of its century-old and other secondary-growth trees to give way to its
new landscape design. There was no opposition until such time that the silt from the bulldozed and denuded area started being washed
C.downstream,
Illegal Fishing
Activities
and Dealing
in corals
Illegally-Caught
Fish
ormarine
Fishery
Products
covering
the seagrasses
and
in the coastal
and
area
below the ridge.
1. Seeing
Capturethe
of destruction
breeders, spawners,
or fry
caused by eggs
the development,
the deputized Bantay Dagat of coastal town X filed a complaint for violation of
Sections 102 & 4(4), RA 8550 before the trial court alleging aquatic pollution and praying, among others, for an Environmental
Protection Order. They did the following:
1.
Prepared photo or video showing that deforestation was undertaken in the uplands, development activities and grubbed
portion of the mountain, underwater photographs depicting silted corals and seagrasses
2. Prepared affidavits of witnesses on the same,
2. Construction
andcertification
Operation from
of Fish
Corrals/Traps,
3. Secured
BFAR
that:
a. There were destroyed seagrasses and corals
b. Said destruction was due to the siltation caused by the upland deforestation
c. Said destruction is considered a deleterious effect that harms living and non-living aquatic resources and hinders
aquatic activities
4. Executed complaint-affidavit, attached the above documents and filed the same with the Office of the Prosecutor.
The court issued a Temporary Environmental Protection Order (TEPO) while hearing the case for aquatic pollution due to upland
deforestation.
270
I. Water Pollution
Failure toorComply
with
Standards
1. 3.
Discharge
dumping
and/or
transport of pollutants
Fastfood McBee contracted out the disposal and treatment of used cooking oil to Treater Linis. Treater Linis, to save on cost, loaded
drums filled with the used cooking oil on a truck and directly dumped these into a canal leading to a nearby creek. Barangay Tanods
saw the actual dumping of the contents of one of the drums, and took photos and video of the same. The Tanods then approached the
4. Fishing
overexploited
fishery
management
violators
and in
told
them to stop. or
The
following
transpired: areas
1.
2.
3.
4.
5.
The Tanods held the driver and personnel of Treater Linis at the site and brought them to the Barangay Hall,
They instructed the truck driver to bring the truck with its contents to the Barangay Hall,
They took the names and addresses of the violators and Treater Linis,
They notified the Barangay Captain, who in turn, notified the nearest EMB Office,
While waiting for the EMB, they marked and labelled the drums, conducted inventory and found out that: there were a total of
40 drums, 20 were filled up and 20 were empty,
5. Fishing
without
or necessary
or took
not complying
documentary
6. Upon
arrivallicense
of the EMB
personnel,permits
the EMB
samples of with
the liquid
from the requirements
filled-up containers, in the presence of the
Tanods and the violators,
7. The Tanods also took photos of the:
a. people composing the sampling team,
b. violators,
c. the conveyances and tools used for dumping (trucks, containers, etc.),
every step
the sampling
process. fishers in municipal waters
6. Intrusion d.
of licensed
andofunlicensed
commercial
8. The EMB took the samples for analysis and identification,
9. The Barangay Tanods prepared the following documents:
a. Joint affidavit as to the discharge or deposit of the cooking oil and the location of the discharge;
the EMB laboratory
and Certification by the EMB that the used cooking oil could cause water
7. Marketingb.andResults
buyingofillegally-caught
fish examination
& fishery species
pollution,
10. The Barangay Tanods and the Barangay Captain filed a complaint before the Regional Director of EMB against Treater Linis
for violation of Section 27 (a) of RA 9275 or discharge of material that causes pollution or obstructs natural flow. They
attached the joint affidavit, pictures, video and EMB laboratory results and certification to the complaint as evidence.
Notes:
1.
2.
This case may also be filed with the PAB at the DENR Central Office.
The violators were later on discharged because the violation committed is purely administrative or civil.
271

An oil barge ran aground and spilled oil into an area, affecting coral reef in the said area. The affected LGU took pictures of the area
immediately right after the incident. The LGU coordinated with the Philippine Coast Guard (PCG) to gather evidence on the site. The
same LGU filed an administrative complaint with the Pollution Adjudication Board (PAB) against the oil barge. The PAB found the oil
barge guilty and ordered it to rehabilitate the area. However, after several months, the oil barge operator still failed to undertake cleanup operations and comply with the PAB order, despite repeated follow-ups by the EMB.
LGUtoand
the PCG
again
tookRequirements
pictures of and samples at the site. The LGU and the PCG filed a complaint with the Office of the
B.The
Failure
Comply
with
Report
Prosecutor against the Barge Owner and/or Operator for violation of Section 28, paragraph 2 of RA 9275 or failure to undertake clean
up operations and Section 28 (c) of RA 9275 or Blatant disregard of PAB orders. The following were attached to the complaint:
1. Photos of the site,
2. The test result of the samples,
3. Copy of the original PAB order duly received by the oil barge operator and/or owner to clean up the site, and
4. PAB resolution recommending the filing of criminal charges against the Barge Owner and/or Operator.

Mining company X operates in the upland area of Mahangin Ranges for gold. It constructed a processing plant to extract gold from the
rocks. It discharges its yellow-colored mine tailings directly to a river that snakes from the plant site down to the beach identified as
breeding ground of pawikan,and therefore declared a critical habitat. One of the residents took a picture of the discharge and attached
it to a letter complaint to the DENR-EMB. The EMB immediately conducted ocular inspection and validation in the area by taking
samples of water, plants and mine tailings and submitted this to laboratory tests. Witnesses have also told the EMB that recently they
found dead marine wildlife, particularly sea turtles in the area. The DENR issued a notice of violation but despite receipt of such order,
2. Company
Construction
and Operation
Fish
Corrals/Traps,
X continued
dumpingoftheir
tailings
to the river.Fish Pens and Fish Cages
The EMB filed a case against Company X for violating Section 27(c)(i) of RA 9147 or dumping of waste products in critical areas
detrimental to wildlife. They attached the following to their complaint: investigation report of the EMB personnel as to the dumping done,
photographs of the site, results/certification of laboratory examination of waste products and its effect to pawikans, affidavits of expert
witnesses as to the detrimental effect of the mine tailings, pictures of dead sea turtles, and a Certification by the DENR-PAWB or
issuance that the place is designated as a critical habitat.
272
Failure toofComply
with Standards
1. 3.
Collection
endangered
and protected benthic marine life (such as Triton shells and giant clams) and corals
In the morning of July 30, 2004, a member of Task Force Masigasig, a provincial inter-agency task force in Camarines Sur Province,
received information from a tipster that coral sands and coral rubbles are being unloaded from a small ship in Pasacao Fish Port. Task
Force members acted immediately and with the help of the PNP Maritime Group stationed at the gate of the port, apprehended the
4. Fishing
in overexploited
or to
fishery
areas
truck
while the
driver was trying
sneakmanagement
out the hastilyloaded corals. A total of 24 tons of corals were confiscated. They did the
following:
1.
2.
3.
Apprehended the truck driver

Conducted inventory of the confiscated items
Gathered information/evidence as to the following:
a.
Shipping company that transported the corals (company name, captain, owner, President and operations manager
of the company)
5. Fishing
license
or manifest;
necessary
permits
or not complying
with
requirements
b. without
Cargo
(cargo
permit
to transport
from the port
of documentary
origin; owner, shipper
and consignee)
c.
Arrastre service provider (company name, owner, President and operations manager of the company)
d.
Trucking services (company name, owner, President and operations manager of the company)
4. Filed a case against the shipper, consignee, captain, ship owner, trucking service, owner and LGU official who issued the
permit to gather the corals with the Office of the Prosecutor for violation of Sec. 91 of RA 8550, or ban on coral exploitation
and exportation
5. Filed a case against the truck driver and his assistants under inquest proceeding.
6. Furnished MARINA with a copy of the complaint for future cancellation of ships franchise
7. Filed hold departure order to PPA to prevent the ship from leaving, and furnished a copy to the PCG for monitoring and
enforcement
8. Ensured
court
appearances.
7. Marketing
and
buying
illegally-caught fish & fishery species
Note: It is advised that the law enforcers should have been deputized by MARINA and have undergone MARINA law enforcement
training for them to be able to require information on and documents of the shipping company. Otherwise, seek MARINA assistance.
273
Wildlife Enforcement Officers (WEOs) connected with the Philippine Coast Guard (PCG) on tour of duty at the Zamboanga City port
observed a docked fishing vessel containing live and dead marine turtles. Also on board the vessel are several men busy placing the
marine turtles in Styrofoam containers.
The Philippine Coast Guard immediately contacted the DENR CENRO and the BFAR offices and informed them about the matter. The
dispatched
a team
the Zamboanga
City port and coordinated with the WEOs of the Philippine Coast Guard.
B.office
Failure
to Comply
withto
Report
Requirements
The composite team approached the docked vessel. The composite team, following the boarding procedures of the PCG, boarded the
vessel. The designated head of the composite team introduced himself and the other members of the team to the captain of the vessel
and his crew. The composite team showed their identification cards to the captain and the crew on board the vessel. On board the
vessel,they saw different species of live and dead marine turtles. Some of the turtles were in open Styrofoam boxes while many more
were on the floor of vessel.
The team leader asked the captain of the vessel to show the vessels license/permit and the fishing permit. The captain showed the
C.team
Illegal
Fishing
and Dealing
Illegally-Caught
or leader
Fishery
Products
leader
the Activities
vessels license
and theinfishing
permit. TheFish
team
then
asked if the captain and his crew are aware that the
taking and catching of marine turtles is prohibited by law. The captain just scratched his head and told the team leader if they could just
aboutofit.
1. talk
Capture
The team leader refused and informed the captain and his crew that they were violating the Wildlife Act and the Fisheries Code for
taking and catching marine turtles. He announced their arrest and read to them their Miranda rights. A thorough search, on the body of
the persons arrested and the immediate vicinity, in which said person may gain possession of a weapon, in some way effect an
escape, or destroy or hide evidence, was conducted by members of the composite team upon orders of the team leader. One of the
members of the composite team documented the whole proceedings through photo and/or video camera.
Several members of the team conducted an inventory of the items found in the vessel in the presence of the captain and one of his
crew members. The marine turtles were tagged or labeled using the seized evidence tag forms. The inventory and tagging also
included paraphernalia, tools, equipment, conveyance, and other items used in connection with the commission of the offense. An
inventory form was then prepared and signed by the team members who conducted the inventory. Thereafter, a seizure receipt was
prepared and signed by the team leader and other members of the composite team. A copy of the seizure receipt was furnished to the
captain but he refused to sign to acknowledge the receipt of the copy of document. A notation on the seizure receipt that the captain
refused to sign was then made by the team leader on the seizure receipt.
274
The composite team turned-over the accused to the nearest police station for investigatory detention. The team also caused the
recording of the arrest and the surrounding circumstances on police blotter and asked for a copy thereof. The composite team prepared
Failurestatements
to Comply of
with
Standards
the3. sworn
the
witnesses and apprehension officers and the Apprehension Report, together with the supporting
documents and other evidence. An inquest proceeding before the Office of the Prosecutor was immediately arranged and conducted
for possible violation of Section 97 of RA 8550 or fishing or taking of rare, threatened or endangered species, Section 27 (a) of RA
9147 or killing and destroying wildlife species, or Section 27 (f) of RA 9147 or collecting, hunting or possessing wildlife, their byproducts or derivatives.
275
Annexes
Annexes
Annex
Annex
1. Full
1. Provisions
Full Provisions
of Prohibited
of Prohibited
Acts in
Acts
Environmental
in Environmental
LawsLaws
Applicable
Applicable
to Coastal
to Coastal
and Marine
and Marine
AreasAreas
A. Fisheries
A. Fisheries

1. Philippine
1. Philippine
Fisheries
Fisheries
Code ofCode
1998of
(RA
1998
8550)
(RA 8550)
SectionSection
86, par.86,
1: Unauthorized
par. 1: Unauthorized
fishing fishing
or engaging
or engaging
in otherinunauthorized
other unauthorized
fisheries
fisheries
activities
activities
No person
No person
shall exploit,
shall exploit,
occupy,occupy,
produce,produce,
breed, culture,
breed, culture,
capture capture
or gather
or fish,
gather
fry fish,
or fingerlings
fry or fingerlings
of any fishery
of any species
fishery species
or fishery
or fishery
products,
products,
or engage
or engage
in any fishery
in anyactivity
fishery in
activity
Philippine
in Philippine
waters without
waters a
without
license,
a license,
lease orlease
permit.
or permit.
C.Discovery
Illegal Discovery
Fishing
and
in Illegally-Caught
Fish
or Fishery
Products
of anyActivities
person
of any in
person
an Dealing
area
in an
where
area
he
where
has he
no has
permit
no
or
permit
registration
or registration
papers for
papers
a fishing
for a vessel
fishing shall
vessel
constitute
shall constitute
a prima afacie
prima facie
presumption
presumption
that the that
person
the and/or
person vessel
and/or isvessel
engaged
is engaged
in unauthorized
in unauthorized
fishing: fishing:
Provided,
Provided,
That fishing
That for
fishing
dailyfor
food
daily
sustenance
food sustenance
or for or for
1. leisure
Capture
of breeders,
spawners,
eggs
or occupation
fry or livelihood
which
leisure
iswhich
not foriscommercial,
not for commercial,
occupation
or livelihood
purposes
purposes
may be may
allowed.
be allowed.
Sec. 86,Sec.
par.86,
3: Unauthorized
par. 3: Unauthorized
fishing fishing
by commercial
by commercial
fishing fishing
vessel vessel
It shall be
It shall
unlawful
be unlawful
for any commercial
for any commercial
fishing vessel
fishingtovessel
fish intobays
fish and
in bays
in such
and other
in such
fishery
other management
fishery management
areas which
areasmay
which
hereinafter
may hereinafter
be declared
be declared
as over-exploited.
as over-exploited.
2. Sec.
Construction
Operation
of
Fish Corrals/Traps,
Fish municipal
Pens
Fish
Cages
86,Sec.
par.86,
5:and
Unauthorized
par.
5: Unauthorized
commercial
commercial
fishing fishing
within
withinand
municipal
waters
waters
It shall It
beshall
unlawful
be unlawful
for any for
person
any person
not listed
notinlisted
the registry
in the registry
of municipal
of municipal
fisherfolk
fisherfolk
to engage
to engage
in any commercial
in any commercial
fishing activity
fishing activity
in
in
municipal
municipal
waters. waters.
Any municipal
Any municipal
fisherfolk
fisherfolk
who commits
who commits
such violation
such violation
shall beshall
punished
be punished
by confiscation
by confiscation
of catchofand
catch
a fine
andofa Five
fine of Five
hundredhundred
pesos (P500.00).
pesos (P500.00).
Sec. 18:Sec.
Users
18:of
Users
municipal
of municipal
waters waters
All fisheries
All fisheries
related related
activitiesactivities
in municipal
in municipal
waters, waters,
as defined
as defined
in this in
Code,
this shall
Code,beshall
utilized
be utilized
by municipal
by municipal
fisherfolk
fisherfolk
and their
and their
cooperatives/organizations
cooperatives/organizations
who arewho
listed
are
aslisted
suchas
in the
suchregistry
in the registry
of municipal
of municipal
fisherfolk.
fisherfolk.
276
The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance,
authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer
3. Failure
Comply in
with
Standards
area
from thetoshoreline
municipal
waters as defined herein, provided, that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the
Department;
4. Fishing
in overexploited or fishery management areas
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate agency
as not having violated this Code, environmental laws and related laws.
In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in
an5.environmentally
critical
condition
and during
closedorseason
as provided
fordocumentary
in Section 9 ofrequirements
this Code.
Fishing without
license
or necessary
permits
not complying
with
Sec 86, par. 5: Unauthorized commercial fishing
It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in
municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five
hundred pesos (P500.00).
Sec. 87: Poaching in Philippine waters
It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing
in Philippine waters. Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in
addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose
an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S.
Dollars (US$200,000.00) or its equivalent in the Philippine currency.
277
Sec. 88, pars. 1-3: 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
B.illegal
Failure
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 electrofishing in any fishing vessel or in the possession of any fisherfolk, operator, fishing boat
fishworker
shall constitute
prima
evidence, that
theor
same
was Products
used for fishing in violation of this Code. The discovery in
C.official
Illegalor
Fishing
Activities
and Dealing
in facie
Illegally-Caught
Fish
Fishery
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 or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.
3. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the
result to physical
injury orofloss
of Corrals/Traps,
human life.
2. same
Construction
and Operation
Fish
Sec. 88, par. 4: Dealing in, selling or disposal of illegally caught/gathered fisheries species
Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by
imprisonment ranging from six (6) months to two (2) years.
278
Sec. 89: Use of fine mesh net

It shall
be unlawful
to engage
in fishing using nets with mesh smaller than that with which may be fixed by the Department: Provided,
3. Failure
to Comply
with Standards
That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be identified in the implementing rules and regulations by 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.
Sec. 90: Use of active gear 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 active
fishing gears as defined in this Code.
Sec. 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
in processed
form, except
for scientificcommercial
or researchfishers
purposes.
6. or
Intrusion
of licensed
and unlicensed
in municipal waters
Sec. 92, par. 1: Ban on muro-ami, other methods and gear destructive to coral reefs and other marine habitat
Marketing
and for
buying
illegally-caught
& fishery
species
It 7.
shall
be unlawful
any person,
natural orfish
juridical,
to fish
with gear method that destroys coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department. "Muro-Ami" and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish
and other fishery species are also prohibited.
Sec. 92, par. 4: Ban on white sand, silica, pebbles and other marine habitat
It shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any other substances
which make up any marine habitat.
279
Sec. 93: Illegal use of superlights

It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in violation of the rules and regulations which
may be promulgated by the Department on the use of superlights outside municipal waters.
Sec. 94: Conversion of mangroves
It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes.
B.Sec.
Failure
Comply
with Reportarea
Requirements
95: to
Fishing
in overfished
and during closed season
It shall be unlawful to fish in overfished area and during closed season.
Sec. 96: Fishing in fishery reserves, refuge and sanctuaries
It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries.

Sec. 97: Fishing or taking of rare, threatened or endangered species
1. ItCapture
breeders,
spawners,
eggs
or fry
shall beof
unlawful
to fish
or take rare,
threatened
or endangered species as listed in the CITES and as determined by the Department.
FAO 193 s. 1998: Ban on whale shark and manta rays
Taking or catching, selling, purchasing, and possessing, transporting and exporting of whale sharks and manta rays, whether dead or
alive, in any state or form whether raw or processed.
FAO 185 s. 1992: Dolphins, whales and porpoises
Taking, catching, selling, purchasing, and possessing, transporting or exporting of dolphins, whales and porpoises, whether dead or
alive, in any state or form whether raw or processed.
280
Sec. 98: Capture of sabalo and other breeders/spawners

It 3.
shall
be unlawful
for with
any Standards
person to catch, gather, capture or possess mature milkfish or "sabalo" and such other breeders or
Failure
to Comply
spawners of other fishery species as may be determined by the Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be
promulgated by the Department.
Sec. 99: Exporting of breeders, spawners, eggs or fry
Exportation of breeders, spawners, eggs or fish as prohibited in this Code shall be punished by imprisonment of eight (8) years,
confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit.
Sec. 100: Importation or exportation of fish or fishery species
Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment,
a 5.
fine
of Eighty
thousand
pesos
and destruction
of live fishery
or forfeiture
of non-live fishery species in favor of
Fishing
without
license
or (P80,000.00)
necessary permits
or not complying
with species
documentary
requirements
the Department for its proper disposition: Provided, That violator of this provision shall be banned from being members or stock holders
of companies currently engaged in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by
the Department.
Sec. 101: Violation of Catch Ceilings
It shall
be unlawful
for any person
to fish in violation
of catch
ceilings
as determined
by the Department.
6. Intrusion
of licensed
and unlicensed
commercial
fishers
in municipal
waters
Sec. 103(a): Failure to Comply with Minimum Safety Standards
7. Marketing
buying
fishvessel
& fishery
species
The
owner and and
captain
of a illegally-caught
commercial fishing
engaged
in fishing who, upon demand by proper authorities, fails to exhibit or
show proof of compliance with the 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 safety standard has been complied with.
Sec. 103(b): Failure to conduct yearly report
The FLA of the holder who fails to render a yearly report shall be immediately canceled: 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
281
(P500.00) per unreported hectare; (2) subsequent offenses, a fine of One hundred thousand pesos (P100,000.00) per unreported
hectare.
Sec. 103(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 shell fish which is sexually mature
or below the minimum size or above the maximum quantities prescribed for the particular species.
Sec. 103(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.
Sec. 103(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.
103:
Obstruction
or delaying
inspection
of fish and fish
C.Sec.
Illegal
Fishing
Activities
and Dealing
in Illegally-Caught
Fishproducts
or Fishery Products
Provided, finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic
1. products
Capture of
breeders,
spawners,and/or
eggs movement
or fry
when
such inspection
is authorized under this Code, shall 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.
Sec. 104: Commercial fishing vessel operators employing unlicensed fisherfolk or fishworker or crew
owner/operator
of a commercial
vessel employing
unlicensed
2. The
Construction
and Operation
of Fishfishing
Corrals/Traps,
Fish Pens
and Fish fisherfolk
Cages or fishworker shall be fined Five hundred pesos
(P500.00) each for every month that the same has been employed and/or One thousand pesos (P1,000.00) for every month for each
unlicensed crew member who has been employed.
Sec. 105: Obstruction of defined migration paths
Obstruction of any defined migration paths of anadromous, catadromous and other migratory species, in areas including, but not limited
to river mouths and estuaries within a distance determined by the concerned FARMCs shall be punished by imprisonment of seven (7)
years to twelve (12) years or a fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) or both
282
imprisonment and fine at the discretion of the court, and cancellation of permit/license, if any, and dismantling of obstruction shall be at
his own expense and confiscation of the same.
Sec. 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 hinder any fishery
law enforcement officer of the Department 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.
B. Wildlife
1. Wildlife Resources Conservation and Resources Act (RA 9147)
Sec. 25: Establishment of critical habitats
Within two (2) years following the effectivity of this Act, The Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data
taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living
in the area, among others.
All6.designated,
habitats
shall be protected,
in coordination
the local
government units and other concerned groups, from
Intrusion ofcritical
licensed
and unlicensed
commercial
fishers inwith
municipal
waters
any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat.
Sec. 27: Illegal Acts
Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife
resources and their habitats, or undertake the following acts:
(a) killing and destroying wildlife species, except in the following instances;
i.
when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
ii.
when the wildlife is afflicted with an incurable communicable disease;
283
iii.
iv.
v.
when it is deemed necessary to put an end to the misery suffered by the wildlife;
when it is done to prevent an imminent danger to the life or limb of a human being; and
when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) Inflicting injury which cripples and/or impairs the reproductive system of wildlife species
(c) Effecting any of the following acts in critical habitat(s)
i.
dumping of waste products detrimental to wildlife;
ii.
squatting or otherwise occupying any portion of the critical habitat;
B. Failure to Complyiii.with Report
Requirements
mineral
exploration and/or extraction;
iv.
burning;
v.
logging; and
vi.
quarrying
(d) Introduction, reintroduction or restocking of wildlife resources
(e) Trading
of wildlife
C. Illegal Fishing
Activities
(f) Collecting, hunting or possessing wildlife, their by-products or derivatives
(g) Gathering or destroying of active nests, nest trees, host plants and the like
(h) Maltreating and/or inflicting other injuries not covered by the preceding paragraph
(i) Transporting of wildlife
C. Water Pollution
1. Philippine Clean Water Act (RA 9275)
Sec. 27: Prohibited Acts
The following acts are hereby prohibited:
284
(a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the
margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm,
floods
or otherwise,
which
could
cause water pollution or impede natural flow in the water body;
3. Failure
to Comply
with
Standards
(b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the
case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures
are adopted to prevent the contamination of the groundwater;
(c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for
any violation of any condition therein;
(d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the
vessel is threatened by a great and imminent peril;
(e)5.Unauthorized
transport
or dumping
into sea
watersorofnot
sewage
sludgewith
or solid
waste as defined
under Republic Act No.9003;
Fishing without
license
or necessary
permits
complying
documentary
requirements
Note: Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris, agricultural waste, and other non-hazardous/non-toxic solid
waste. (Section 3 (kk), RA 9003)
(f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;
(g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or
pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
(h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing rules, and regulations;
(i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was
revoked for any violation of condition therein;
(j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall
be imposed on the local government officials concerned;
285
(k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;
(l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
(m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
(n) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the
water quality.
B.Sec.
Failure
with
28, to
parComply
2, clause
1:Report
FailureRequirements
to clean up
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each
dayActivities
during which
omission
and/or contamination
C.day
Illegal
Fishing
andthe
Dealing
in Illegally-Caught
Fish continues.
or Fishery Products
Sec. 28, par. 2, clause 2: Failure to clean up that results to serious injury
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two
(2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less
than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per
for each day
during
which the
omission
and/or contamination
2. day
Construction
and
Operation
of Fish
Corrals/Traps,
Fish Penscontinues.
and Fish Cages
Sec. 28, par. 3: Gross violations
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal
charges against the violators. Gross violation shall mean any of the following:
(a) Deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
(b) Five {5) or more violations within a period of two (2) years; or
286
(c)
Blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating
despite the existence of an order for closure, discontinuance or cessation of operation.
Sec. 28, par. 5: Violation of Marine Pollution Decree
For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof, such person
shall be liable for a fine of no1 less than Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of
the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person
primarily responsible shall be held liable.
Sec. 28, par. 5: Discharge of oil or other harmful substances by vessels
Provided, That any vessel from which oil or other harmful substances are discharged in violation of Section 4 of Presidential Decree
No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of
the5.Philippines
may belicense
withheld
the finepermits
is paid and
such
penalty shall
a lien requirements
on such vessel which may be recovered in
Fishing without
or until
necessary
or not
complying
withconstitute
documentary
proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which discharged
the oil or other harmful substances will be liable to pay for any clean-up costs.
Sec. 29: Non-compliance with the Water Quality Management Area Action Plan
Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan. - Local government officials
concerned
shall
subjectand
to Administrative
sanctions incase
ofin
failure
to comply
with their action plan accordance with the relevant
6. Intrusion
ofbe
licensed
fishers
municipal
waters
provisions of R.A. No. 7160.

2. Marine Pollution Decree of 1979 (PD 979)
Sec. 4: Prohibited Acts
Except in cases of emergency imperiling life or property, or unavoidable accident, collision, or stranding or in any cases which
constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if dumping
appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less
than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission
or the Philippine Coast Guard, it shall be unlawful for any person to:
287
a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful
substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any
method, means or manner, into or upon the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited either from or out of
any ship, barge, or other floating craft or vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of
any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such
navigable water; and
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water, or
on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water,
either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or
obstructed or increase the level of pollution of such water.
Ecological
Solid
Wasteand
Management
(RA 9003)
C.3.Illegal
Fishing
Activities
Dealing inAct
Illegally-Caught
48: Prohibited
Acts
1. Sec.
Capture
of breeders,
spawners, eggs or fry
The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros
or parks, and establishment, or causing or permitting the same;
2. Construction and Operation

Pens andcollecting
Fish Cages
(2) Undertaking
activities Fish
or operating,
or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in or established pursuant to RA No. 9003;
XXX
(13) Transport and dumping in bulk of collected domestic, industrial, commercial, and institutional wastes in
areas other than centers or facilities prescribed under this Act;
288
(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and
notStandards
conforming with the land use plan of the LGU;
3. Failure to Comply with
4. Philippine Fisheries Code of 1998 (RA 8550)
Sec. 102: Aquatic Pollution. Aquatic pollution, as defined in this Code shall be unlawful
Sec. 4(4): Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic
environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose
potential and/or real hazard to human health, hindrance to the aquatic activities such as fishing and navigation, including
dumping/disposal of waste and other marine litters, discharge of petroleum, or residual products of petroleum or carbonaceous
materials/substances, and other radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air
transport or other human-made structure. Deforestation, unsound agricultural practices such as the use of artificial fish feed, and
wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution.
5. Toxic Substances and Hazardous and Nuclear wastes Control Act of 1990 (RA 6969)
Sec. 13. Prohibited Acts
The
and omissions
shall be considered
unlawful:
6. following
Intrusionacts
of licensed
and unlicensed
commercial
XXX
Marketing
and buying
illegally-caught
fish
species access to records as required by this Act, or permit inspection of
(b)7.Failure
or refusal
to submit
reports, notices
or &
onfishery
the information,
establishment where chemicals are manufactured, processed, stored or otherwise held;
XXX
(d) Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into Philippine territory, including its maritime
economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.
289
D. Environmental Impact Statement System

1. Environmental Impact Statement System (PD 1586)
Sec. 4: Undertaking project without ECC
Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines may, on his own initiative or
upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or
in to
theComply
countrywith
as environmentally
critical. No person, partnership or corporation shall undertake or operate any such declared
B.areas
Failure
Report Requirements
environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his
duly authorized representative. For the proper management of said critical project or area, the President may by his proclamation
reorganize such government offices, agencies, institutions, corporations or instrumentalities including the re-alignment of government
personnel, and their specific functions and responsibilities.
Sec. 9, clause 2: Violation of ECC terms and conditions
C.Penalty
Illegal Fishing
Activities
and Dealing
in Illegally-Caught
FisherySection
Products
for Violation.
Any person,
corporation
or partnership Fish
foundorviolating
4 of this Decree, or the terms and conditions in the
issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental
pursuant
to this eggs
Decree
1. Protection
Capture ofCouncil
breeders,
spawners,
orshall
fry be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council. (underscoring ours)
Sec. 9, clause 3: Violation of the EMB Rules on EIA
Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the
2. issuance
Construction
Operation of
Fish Corrals/Traps,
and Fish rules
Cages
of theand
Environmental
Compliance
Certificate, Fish
or of Pens
the standards,
and regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council.
290
E. Forestry
Failure Forestry
to Comply
with(PD
Standards
1. 3.
Revised
Code
705), as amended by PD 1559, PD 865, PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and
83 O.G. o. 31
Sec. 71, clause 1: Ban on mangrove cutting (as amended by RA 7161)
4. Fishing
overexploited
fishery
management
areas there shall be collected forest charges on each cubic meter of firewood
Except
for all in
mangrove
speciesorwhose
cutting
shall be banned,
cut in forestland, branches and other recoverable wood wastes of timber, such as timber ends, tops and stumps when used as raw
materials for the manufacture of finished products, Ten Pesos (P10). (underscoring ours)
Sec. 77. Cutting, gathering and/or collecting timber, or other forest products without license
Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and
disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty
Fishingtheft
without
license and
or necessary
or not 309
complying
documentary
requirements
of 5.qualified
as defined
punished permits
under Articles
and 310with
of the
Revised Penal
Code; Provided, That in the case of
partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers
are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration
and Deportation.
Sec. 78: Unlawful occupation or destruction of forest lands and grazing lands
6. Intrusion
of licensed
and
unlicensed
commercial
in municipal
Any
person who
enters and
occupies
or possesses,
or fishers
makes kaingin
for hiswaters
own private use or for others any forest land without
authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any
damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do
so,7.or
sets a fire,
or buying
negligently
permits a fire fish
to be&set
in any
forest land shall, upon conviction, be fined in an amount of not less than
Marketing
and
illegally-caught
fishery
species
five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor
more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges which
would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit:
Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor
more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without
prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau.
291
Sec. 80: Illegal occupation of National Parks System and recreation areas, and vandalism therein
Illegal occupation of national parks system and recreation areas and vandalism therein. Any person who shall, without permit, occupy
for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any
species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural
beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more
than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires rehabilitation or
restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the
damage; Provided, Further, That any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal
B.life
Failure
Comply
with
Requirements
withintoany
area in
theReport
national
parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order
eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other
natural resources collected or removed, and any construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the
provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of
local parks.

Sec. 82. Survey by unauthorized person
1. Imprisonment
Capture of breeders,
spawners,
eggs
for not less
than two
(2) or
norfry
more than four (4) years, in addition to the confiscation of the implements used in the
violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to
survey from the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct
or undertake a survey for whatever purpose.
Protected Areas
2. F.
Construction
1. National Integrated Protected Areas System (NIPAS) Act of 1992 (RA 7586)
Sec. 20: Prohibited Acts.
Except as may be allowed by the nature of their categories and pursuant to rules and regulations governing the same, the following
acts are prohibited within protected areas:
292
(a) Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a permit from the
Management Board;
(b)3.Dumping
of Comply
any waste
products
detrimental to the protected area, or to the plants and animals or inhabitants therein;
Failure to
with
Standards
(c) Use of any motorized equipment without a permit from the Protected Area Management Board (PAMB);
(d) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic value);
(e) Damaging and leaving roads and trails in a damaged condition;
(f) Squatting, mineral locating, or otherwise occupying any land;
(g) Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a permit;
(h) Leaving refuse or debris in exposed or unsanitary conditions, or depositing in ground, or in bodies of water; and
(i) Altering, removing destroying or defacing boundary marks or signs.
G. Water Code of the Philippines (Presidential Decree 1067)
Art. 51: Easement in banks of rivers and streams and the shores of the seas and lakes
The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3)
meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to
the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in
this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
Art. 91(B)(3): Unauthorized obstruction of river or waterway or occupancy of riverbank
A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and imprisonment in the discretion of the Court, shall be imposed on
any
whoand
commits
anyillegally-caught
of the following acts:
7. person
Marketing
buying
XXX
3.
Unauthorized obstruction of a river or waterway , or occupancy of a riverbank or seashore without permission
293

294
295

296
297

298
299

300
301

302
303

304
305

306
307

308
309

310
311

312
313

314
315

316
317

318
319

320
321

322
323

324
325

326
327

328
329

330
331

332
333

334
335

336
337

338
339

340
341

342
343

344
345

346
347

348
349

350
351

352
353

354
355

356
Annex
Annex
5. Criminal
5. Criminal
Procedure
Procedure
Flowcharts
Flowcharts
1. Procedure
1. Procedure
In Filing
In Filing
and Prosecuting
and Prosecuting
CaseCase
under
under
WARRANTLESS
WARRANTLESS
ARREST
ARREST
357

358
2. Procedure In Filing and Prosecuting Case under REGULAR PROCESS
359

360
Annex
Annex
6. Wildlife
6. Wildlife
LawLaw
Enforcement
Enforcement
Manual
Manual
Flowcharts
Flowcharts
1. Investigation
1. Investigation
Procedure
Procedure
361
2. General Surveillance Procedure

362
3. General Regulatory Monitoring Procedure
363
4. Serving a Warrant of Arrest

364
365

366
367

368
369

370
371
9. Administrative Seizure, Confiscation and Disposition

Verification of prima facie case against the offender by the Seizure Officer
If prima facie case exists, issuance of Seizure Order
Issuance of Notice of Hearing
Hearing by the Seizure Officer

Decision by the RED upon recommendation by the Hearing Officer

Motion for Reconsideration at the discretion of the aggrieved party
Decision by the Hearing Officer

Appeal to the Office of the Secretary at the discretion of the aggrieved party
Decision by the DENR Secretary

Appeal to the courts by the aggrieved party. Otherwise, Secretarys decision becomes final and
executory and confiscated items shall become permanent property of the government and shall
be disposed of in accordance with law.
372
373

374
375

376
377
15. Incoming and Transshipment of cargoes at international seaports and there is advance information of transport of wildlife
goods/derivatives

378
16. Departure of Passengers Carrying Wildlife
3. Failure(Note:
to Comply
withisStandards
Scenario
passenger has checked/inquired with quarantine desk officer to secure the necessary permit)
379
17. Arrival of Passengers Carrying Wildlife, Based on Advance Information

380
18. Outgoing Cargoes
381
19. Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods

382
383
Annex
Annex
Annex
7.Annex
List7.of
7.List
7.List
threatened
List
ofofthreatened
ofthreatened
threatened
wildlife
wildlife
wildlife
species
wildlife
species
species
species
in accordance
ininaccordance
inaccordance
accordance
with DENR
with
with
with
DENR
Administrative
DENR
DENR
Administrative
Administrative
Administrative
OrderOrder
2004-15
Order
Order
2004-15
2004-15
2004-15
A. CRITICALLY
ENDANGERED
SPECIES
A. A.
CRITICALLY
A.
CRITICALLY
CRITICALLY
ENDANGERED
ENDANGERED
ENDANGERED
SPECIES
SPECIES
SPECIES
MAMMALS
MAMMALS
MAMMALS
MAMMALS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
Bovidae
Bovidae
Bovidae
Bovidae
Bubalus
Bubalus
mindorensis
Bubalus
Bubalus
mindorensis
mindorensis
mindorensis
Cervidae
Cervidae
Cervidae
Cervidae
Cervus alfredi
Cervus
Cervus
Cervus
alfredi
alfredi
alfredi
MuridaeMuridae
Muridae
Muridae
Crateromys
Crateromys
Crateromys
Crateromys
australisaustralis
australis
australis
Crateromys
Crateromys
Crateromys
Crateromys
paulus paulus
paulus
paulus
Pteropodidae
Pteropodidae
Pteropodidae
Pteropodidae
Dobsonia
Dobsonia
Dobsonia
chapmani
Dobsonia
chapmani
chapmani
chapmani
Dugongidae
Dugongidae
Dugongidae
Dugongidae
DugongDugong
dugon
Dugong
Dugong
dugon
dugon
dugon
Suidae Suidae
Suidae
Suidae
Sus cebrifons
Sus
Sus
Sus
cebrifons
cebrifons
cebrifons
Common
Common
Common
Name
Common
Name
Name
Name
Tamaraw
Tamaraw
Tamaraw
Tamaraw
VisayanVisayan
spotted
Visayan
Visayan
spotted
deer
spotted
spotted
deer
deer
deer
Dinagat Dinagat
hairy-tailed
Dinagat
Dinagat
hairy-tailed
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Ilin hairy-tailed
IlinIlin
hairy-tailed
Ilin
hairy-tailed
cloud
hairy-tailed
ratcloud
cloud
cloud
ratratrat
Philippine
Philippine
Philippine
bare-backed
Philippine
bare-backed
bare-backed
bare-backed
fruit bat fruit
fruit
fruit
batbat
bat
DugongDugong
Dugong
Dugong
VisayanVisayan
warty
Visayan
Visayan
pig
warty
warty
warty
pigpigpig
C.BIRDS
Illegal BIRDS
Fishing
BIRDS
BIRDS
Family Family
Family
Family
Scientific
Scientific
Scientific
Name
Scientific
Name
Name
Name
1. Capture
ofPsittacidae
breeders,
spawners, eggs or fryCacatuaCacatua
Psittacidae
Psittacidae
Psittacidae
haematuropygia
Cacatua
Cacatua
haematuropygia
haematuropygia
haematuropygia
Bucerotidae
Bucerotidae
Bucerotidae
Bucerotidae
Aceros waldeni
Aceros
Aceros
Aceros
waldeni
waldeni
waldeni
Anthracoceros
Anthracoceros
Anthracoceros
Anthracoceros
montanimontani
montani
montani
Dicaeidae
Dicaeidae
Dicaeidae
Dicaeidae
DicaeumDicaeum
Dicaeum
Dicaeum
accipitridae
accipitridae
accipitridae
accipitridae
Pithecophaga
Pithecophaga
Pithecophaga
Pithecophaga
jefferyi jefferyi
jefferyi
jefferyi
cuculidae
cuculidae
cuculidae
cuculidae
Centropus
Centropus
Centropus
steerii
Centropus
steerii
steerii
steerii
sternidae
sternidae
sternidae
sternidae
Sterna bernsteini
Sterna
Sterna
Sterna
bernsteini
bernsteini
bernsteini
2. Construction
Fish
Pens
and Fish Cages
gruidae gruidae
gruidae
gruidae
Grus antigone
Grus
Grus
Grus
antigone
antigone
antigone
columbidae
columbidae
columbidae
columbidae
Phapitreron
Phapitreron
Phapitreron
Phapitreron
cinereiceps
cinereiceps
cinereiceps
cinereiceps
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
menageimenagei
menagei
menagei
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
keayi keayi
keayi
keayi
Gallicolumba
Gallicolumba
Gallicolumba
Gallicolumba
platenaeplatenae
platenae
platenae
Ptilinopus
Ptilinopus
Ptilinopus
arcanus
Ptilinopus
arcanus
arcanus
arcanus
Common
Common
Common
Name
Common
Name
Name
Name
Philippine
Philippine
Philippine
cockatoo
Philippine
cockatoo
cockatoo
cockatoo
Waldens
Waldens
hornbill
Waldens
Waldens
hornbill
hornbill
hornbill
Sulu hornbill
Sulu
Sulu
Sulu
hornbill
hornbill
hornbill
Quadricolor
Quadricolor
Quadricolor
Quadricolor
Cebu flowerpecker
Cebu
Cebu
Cebu
flowerpecker
flowerpecker
flowerpecker
Philippine
Philippine
Philippine
eagle
Philippine
eagle
eagle
eagle
Black-hooded
Black-hooded
Black-hooded
Black-hooded
coucal coucal
coucal
coucal
ChineseChinese
crested
Chinese
Chinese
crested
tern
crested
crested
tern
tern
tern
Sarus crane
Sarus
Sarus
Sarus
crane
crane
crane
Tawi-tawi
Tawi-tawi
brown
Tawi-tawi
Tawi-tawi
dove
brown
brown
brown
dove
dove
dove
Sulu bleeding-heart
Sulu
Sulu
Sulu
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
bleeding-heart
Negros
Negros
bleeding-heart
bleeding-heart
bleeding-heart
MindoroMindoro
bleeding-heart
Mindoro
Mindoro
bleeding-heart
bleeding-heart
bleeding-heart
Negros Negros
fruit-dove
Negros
Negros
fruit-dove
fruit-dove
fruit-dove
384
REPTILES
Family
Cheloniidae
Bataguridae
Crocodylidae
Varanidae
Scientific Name
Eretmochelys imbricata
Heosemys leytensis
Crocodylus mindorensis
Varanus mabitang
Common Name
Hawksbill turtle
Philippine pond turtle
Philippine crocodile
Panay monitor lizard
CITES-LISTED
SPECIES
All species of terrestrial fauna and flora listed uder Appendix I of CITES
B. ENDANGERED SPECIES
MAMMALS
Family
Scientific Name
Common Name
Pteropodidae
Acerodon jubatus
Golden-crowned fruit bat
or notrabori
Nyctimene
Philippine tube-nosed fruit bat
Cervidae
Cervus calamianensis
Calamian deer
Muridae
Crateromys heaneyi
Panay bushy-tailed cloud rat
Suidae
Sus sp. A from the Sulu Archipelago
BIRDS
Family and unlicensed commercial fishers

Scientific
Name waters
in municipal
Bucerotidae
Penelopides panini
Penelopides mindorensis
Pycnonotidae
Hypsipetes siquijorensis
& fishery
species
(=Ixos
siquijorensis
)
Psittacidae
Prioniturus verticalis
Ciconiidae
Ciconia boyciana
Muscicapidae
Rhinomyias albigularis
Timaliidae
Stachyris nigrorum
Stachyris speciosa
(=Dasycrotapha speciosa)
Turdidae
Copsychus cebuensis
385
Common Name
Visayan tarictic hornbill
Mindoro hornbill
Streak-breasted bulbul
(=Mottle-breasted bulbul)
Blue-winged racket-tail
Japanese white stork
White-throated jungle fly-catcher
Negros striped-babbler
Flame-templed babbler
Black shama
Rhyacornis bicolor
Gallicolumba criniger
Gorsachius goisagi
Tringa guttifer
Columbidae
Ardeidae
Scolopacidae
REPTILES
Luzon water-redstart
Mindanao bleeding-heart
Japanese night-heron
Nordmanns greenshank
Family
Scientific Name
Cheloniidae
Caretta caretta
Chelonia mydas
Lepidochelys olivacea
Dermochelys coriacea
Bataguridae
Heosemys spinosa
Trionychidae
Pelochelys cantorii
Common Name
Loggerhead turtle
Green sea turtle
Olive ridley sea turtle
Leatherback turtle
Spiny terrapin
Southeast Asian softshell Turtle
AMPHIBIANS
Family and Dealing in Illegally-Caught Scientific
Name Products
Fish or Fishery
Ranidae
Platymantis negrosensis
Platymantis polilloensis
Platymantis spelaeus
Platymantis subterrestris
Common Name
Negros forest tree frog
Polillo forest tree frog
Negros limestone frog
Mt. Data cloud frog
CITES-LISTED SPECIES
All species of terrestrial fauna and flora listed uder Appendix II of CITES.
VULNERABLESPECIES
2.C.
Construction
MAMMALS
Pteropodidae
Muridae
Family
Scientific Name
Acerodon leucotis
Pteropus dasymallus
Pteropus speciosus
Pteropus leucopterus
Archboldomys luzonensis
386
Common Name
Palawan flying fox
Wooly flying fox
Philippine gray flying fox
White-winged fruit bat
Isarog shrew-mouse
Crateromys schadenbergi
Phloeomys cumingi
Batomys russatus
Cervidae
Cervus mariannus
Manidae
Manis culionensis
Erinaceidae
Podogymnura aureo-spinula
Felidae
Prionailurus bengalensis
areas
Suidae
Sus barbatus
Sus philippensis
Tragulidae
Tragulus napu
Pteropodidae
Pteropus sp. A from Mindoro Island
Haplonycteris sp. A from Sibuyan Island
BIRDS
Bushy tailed-cloud rat

Southern Luzon giant cloudrat
Dinagat hairy-tailed rat
Philippine brown deer
Palawan pangolin
Dinagat gymnure
Leopard cat
Bearded pig
Philippine warty pig
Mouse deer
Family
Scientific with
Name
5. Fishing without
documentary requirementsCommon Name
Columbidae
Ducula carola
Spotted imperial pigeon
Ducula mindorensis
Mindoro imperial-pigeon
Ptilinopus marchei
Flame-breasted fruit dove
Ducula pickeringii
Grey imperial-pigeon
Caloenas nicobarica
Nicobar pigeon
Ducula poliocephala
Pink-bellied imperial-pigeon
fishers
in municipal waters
Gallicolumba
luzonica
Luzon bleeding-heart pigeon
Ptilinopus merrilli
Cream-bellied fruit dove
Treron formosae
Whistling green-pigeon
Alcedinidae
melanurus
Philippine dwarf kingfisher
7. Marketing and buying illegally-caught fishCeyx
& fishery
species
Alcedo argentata
Silvery kingfisher
Todiramphus winchelli
Rufous-lored kingfisher
Actenoides hombroni
Blue-capped kingfisher
Muscicapidae
Muscicapa randi
Ashy-breasted flycatcher
Ficedula platenae
Palawan flycatcher
Rhinomyias insignis
White-browned jungle flycatcher
Ficedula basilanica
Little slaty flycatcher
Hypothymis coelestis
Celestial blue monarch
387
Campephagidae
Coracina ostenta
Coracina mcgregori
Dicaeidae
Dicaeum haematostictum
Dicaeum retrocinctum
Eurylaimidae
Eurylaimus samarensis
Eurylaimus steerii
Picidae
Picoides ramsayi
Chloropseidae
Chloropsis flavipennis
B. Failure
Pittidae to Comply with Report RequirementsPitta steerii
Pitta kochi
Estrildidae
Erythrura viridifacies
Turdidae
Zoothera cinerea
Rhyacornis bicolor
Timaliidae
Ptilocichla falcata
Phasianidae
Polyplectron emphanum
Bucerotidae
Anthracoceros
marchei
C. Illegal
Fish
or Fishery Products
Aceros leucocephalus
1. Capture of breeders, spawners, eggs or fry Buceros hydrocorax
Psittacidae
Prioniturus platenae
Prioniturus luconensis
Tanygnathus lucionensis
Strigidae
Bubo philippensis
Mimizuki gurneyi
Accipitridae
Spizaetus philippensis
Fish Pens
and Fish Cages
Ichthyophaga
ichthyaetus
Silviidae
Acrocephalus sorghophilus
Phylloscopus ijimae
Ardeidae
Egretta eulophotes
Emberizidae
Emberiza sulphurata
Scolopacidae
Eurynorhynchus pygmaeus
Numenius tahitiensis
Charadriidae
Charadrius peronii
Sturnidae
Gracula religiosa
388
White-winged cuckoo-shrike
Mcgregors cuckoo-shrike
Visayan flowerpecker
Scarlet-collared flowerpecker
Visayan broadbill
Mindanao broadbill
Sulu woodpecker
Philippine leafbird
Azure-breasted pitta
Kochs pitta
Green-faced parrotfinch
Ashy thrush
Luzon water-redstart
Falcated wren-babbler
Palawan peacock-pheasant
Palawan hornbill
Writhed hornbill
Rufous hornbill
Blue-headed racket-tail
Green-headed racket-tailed parrot
Blue-naped parrot
Philippine eagle-owl
Giant scops-owl
Philippine hawk-eagle
Grey-headed fish-eagle
Streaked reed-warbler
Ijimas leaf-warbler
Chinese egret
Japanese yellow bunting
Spoon-billed sandpiper
Bristle-thighed curlew
Malaysian plover
Palawan hill myna
Anatidae
Anhingidae
Megapodiidae
Anas luzonica
Anhinga melanogaster
Megapodius cumingii
REPTILES
Family
Scientific Name
Varanidae
Varanus olivaceus
areas cumingi
Varanus salvator
Varanus salvator marmoratus
Varanus salvator nuchalis
Philippine duck
Darter
Tabon scrubfowl
Common Name
Grays monitor lizard
Malay monitor lizard (Mindanao
population)
Malay monitor lizard (Northern
Philippine population)
Malay monitor lizard (Central Visayas
population)
AMPHIBIANS
5. Fishing without
with documentary requirementsCommon Name
Family
Scientific Name
Ichthyophiidae
Ichthyophis glandulosus
Basilan caecilian
Ichthyophis mindanaoensis
Mindanao caecilian
Bufonidae
Ansonia mcgregori
Macgregors slender toad
Ranidae
Limnonectes magnus
Mindanao fanged Frog
Platymantis hazelae
Hazels forest frog
Platymantis
insulatus
Gigante island limestone frog
fishers
in municipal waters
Platymantis lawtoni
Lawtons forest frog
Platymantis rabori
Rabors forest frog
Rana igorota
Taylors igorot frog
Rhacophoridae
Philautus schmackeri
Mindoro tree frog
389
D. OTHER THREATENED SPECIES

MAMMALS
Family
Scientific Name
Viverridae
Arctictis binturong
Cynocephalidae
Cynocephalus volans
Cercopithecidae
Macaca fascicularis
Pteropodidae
Pteropus vampyrus
Tarsiidae
B. Failure to Comply with Report RequirementsTarsius syrichta
REPTILES
Scientific Name
Varanus salvator rudicollis
Hydrosaurus postulatus
Python reticulates
Trimeresurus flavomaculatus mcgregori
Varanidae
Agamidae
Boidae
Family
390
Common Name
Binturong
Flying lemur
Philippine macaque
Giant flying fox
Philippine tarsier
Common Name
Rough-necked monitor
Philippine sailfin Lizard
Reticulated python
Batanes pit viper
Annex
List of threatened
plants
and
other wildlife
in accordance
with
Annex 8.
List of8.threatened
plants and
other
wildlife
speciesspecies
in accordance
with
3. FailureDENR
to Comply
with
Standards
Administrative
Order 2007-01
DENR Administrative
Order 2007-01
Category A. Critically Endangered Species
Category A. Critically Endangered Species
FAMILY
SCIENTIFIC NAME
COMMON NAME
FAMILY
SCIENTIFIC NAME
COMMON NAME
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
4.
Fishing
in
overexploited
or
fishery
management
areas
APOCYNACEAE
Kibatalia longifolia Merr.
Malapasnit
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
CYATHEACEAE
Cyathea micmchlamys Holtt.
Tree Fern
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
DIPTEROCARPACEAE
Hopea acuminata Merr.
Manggachapui/Dalingdingan
Hopea basilanica Foxw.
Basilan yakal
Hopea basilanica Foxw.
Basilan yakal
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea brachyptera (Foxw.) Slooten
Mindanao narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea cagayanensis (Foxw.) Slooten
Narek
Hopea foxworthyi Elmer
Dalindingan
Hopea foxworthyi Elmer
Dalindingan
Hopea malibato Foxw.
Yakal-kaliot
Hopea malibato
Foxw.
or not complying
with documentaryYakal-kaliot
requirements
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea mindanensis Foxw.
Yakal-magasusu
Hopea philippinensis Dyer
Gisok-gisok
Hopea philippinensis Dyer
Gisok-gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea quisumbingiana Gutierrez
Quisuimbing gisok
Hopea samarensis Gutierrez
Samar gisok
Hopea samarensis Gutierrez
Samar gisok
Shorea astylosa Foxw.
Yakal
Shorea astylosa Foxw.
Yakal
Shorea malibato Foxw.
Yakal-malibato
Shorea malibato Foxw.
Yakal-malibato
6. Intrusion of licensed and unlicensed commercial fishers
in municipal
Vatica ellipttica
Foxw.waters
Kaladis narig
Vatica ellipttica Foxw.
Kaladis narig
Vatica pachyphylla Merr.
Thick-leafed Narig
Vatica pachyphylla Merr.
Thick-leafed Narig
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
DRYOPTERIDACEAE
Ctenitis paleolata Copel.
EBENACEAE
Diospyros
blancoi A DC.
Kamagong/mabolo
7. Marketing
and buying illegally-caught fish
& fishery
species
EBENACEAE
Diospyros
blancoi
A DC.
Kamagong/mabolo
Diospyros brideliifolia Elmer
Malinoag
Diospyros brideliifolia Elmer
Malinoag
Diospyros caulifom Blurne
Apunan
Diospyros caulifom Blurne
Apunan
Diospyros poncei Merr.
Ponce kamagong
Diospyros poncei Merr.
Ponce kamagong
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
ERICACEAE
Rhododendron javenicum (Blume) Benn.
Malagos
var. schadenbergii (Warb.) Sleum.
var. schadenbergii (Warb.) Sleum.
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron kochii Stein
Koch's rnalagos
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
Rhododendron taxifolium Merr.
Yew-leafed rhododendron
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang
EUPHORBIACEAE
Reutealis trisperma (Blanco) Airy Shaw
Baguilumbang
391
HYPERICACEAE
ISOETACEAE
Hypericum pulogense Merr.

lsoetes philippinensis Merr. & Peny
LAURACEAE
LEGUMINOSAE
Cinnamomum cebuense Kosterrn.

Pterocerpus indicus Willd. forma indlcus
Pterocarpus indicus Willd. forma
echinatus (Pers.) Rojo
LORANTHACEAE
Thaumasianthes amplifolia (Merr.)
Danser
MELIACEAE
Aglaia pyriformis Merr.
Toona calantas Merr. & Rolfe
MYRTACEAE
Syzygium nitidum Benth.
Tristaniopsis decorticata (Merr.) Peter G.
Wilson &
Waterhouse
Xanthostemon bracteatus Merr.
Xanthostemon philippinensis Merr.
NEPENTHACEAE
Nepenthes argentii M Jebb & M Cheek
1. Capture of breeders, spawners, eggs or fryNepenthes merrilliana Macfarlane
Nepenthes sibuyanensis J Nerz
OLEACEAE
Chionanthus clementis (Quisumb. &
Merr.) Kiew
Chionanthus remotinervius (Merr.) Kiew
Olea palawanensis Kiew
ORCHIDACEAE
AmesiellaFish
monticola
J. Cootes
& DP
2. Construction
Pens and
Fish Cages
Banks
Ascoglossum calopterum (Reichb. f.)
Schlecter
Ceratocentron fesseli Senghas
Dendrobium schuetzei Rolfe
Euanthe sanderiana (Reichb. f) Schltr.
Gastrochilus calceolaris (Buch.- Ham. ex
J.E. Sm.) D.Don
392
Pulag St. Johnswort

Philippine Quillwort; Rogiro;
Kabauingbauing
Cebu kalingag
Smooth narra
Prickly narra
Samar mistletoe
Kanining-peneras
Kalantas
Maka-asim
Malabayabas
Mapilig
Bagoadlau
Argent Pitcher plant
Mindanao giant Pitcher plant
Sibuyan Pitcher plant
Kayantol
Pamoplasin
Palawan olive
Waling-waling
-
Paphiopedilurn acrnodontum Schoser ex

Lady slipper
MW Wood
Paphiopedilum adductum Asher
Lady slipper
Paphiopedilum anitum Golamco
Lady slipper
Paphiopedilum argus (Reichb.f.) Stein
Lady slipper
Paphiopedilum fowliei Birk
Lady slipper
Paphiopedilum haynaldianum (Reich b.f.) Lady slipper
areas
Stein
Paphiopedilum hennisianum (MW Wood)
Lady slipper
Fowlie
Paphiopedilum randii Fowlie
Lady slipper
Paphiopedilum urbanianum Fowlie
Lady slipper
Paphiopedilum usitanum 0 Gruss & J
Lady slipper
Roeth
Phalaenopsis micholitzii Rolfe
Phmgmorchls teretifolia LO Williams
Vanda lamellata Lindl. var. calayan
Valmayor & D. Tiu
Areca parens Becc.
Takobtob
Calamus batanensis (Becc.) Baja-Lapis
Valit
Calamus jenningsianus Becc.
Calamus vinosus
fishersBecc.
in municipal waters
Daemonorops affinis Becc.
Bag-bag
Daemonorops oligolepis Becc.
Rogman
Daemonorops pannosus Becc.
Sabilog
Heterospathe califrons Fernando
Yanisi
Heterospathe dransfieldii Fernando
Dransfield sanakti
Heterospathe scitula Fernando
Malasanakti
Heterospathe sibuyanensis Becc.
Bilis
Heterospathe trispatha Fernando
Tatlong bilisan
Pinanga batanensis Becc.
Dapiau
Pinanga bicolana Fernando
Bicol abiki
Pinanga samarana Becc.
Samar abiki
393
Pinanga sclerophylla Becc.

Pinanga sibuyanensis Becc.
Plectocomia elmeri Becc.
Peranema cyatheoides D. Don var.
luzonicum (Copel.) Ching & S. H. Wu
POLYPODIACEAE
Platycerium coronarium (Koenig ex
Miller) Desv.
Platycerium grande (Fee) Kunze
Podosorus angustatus Holtt.
PTERIDACEAE
Reris calocarpa (Copel.) M. G. Price
Pteris pachysora (Copel.) M. G. Price
RAFFLESIACEAE
Ramesia manillana Teschem.
Raflesia speciosa Barcelona & Fernando
Ramesia schadenbergiana Gbppert ex
Hieron.
RUBIACEAE
Greeniopsis pubescens Merr.
Villaria acutifolia (Elmer) Merr.
RUTACEAE
Swinglea glutinosa (Blanco) Merr.
1. Capture
of breeders, spawners, eggs or fryGongvospennum philippinense Radlk.
SAPINDACEAE
Guioa palawanica Welzen
Guioa parvifoliola Merr.
Guioa reticulata Radlk.
THELYPTERIDACEAE
Coryphopteris borealis Holtt.
VERBENACEAE
Clerodendrum guadriloculare (Blanco)
Merr.
Tectona philippiinensis Benth. B Hook. f.
394
Abiking-tigas
Tibagan
Ugang
Staghorn fern
Giant staghorn fern
Malaboo
Uruy
Bo-o
Paluay mabolo
Tango
Kabuyok
Kasau-kasau
Palawanalahan
Angset
Alahan-sinima
Bagauak-morado
Philippine teak
Category B. Endangered Species
Standards
FAMILYwith
NAME
ANACARDIACEAE
APOCYNACEAE
SCIENTIFIC NAME
COMMON NAME
Manghm odorata Griff.
Huani
Kibatalia puberula Merr.
Paslit-mabolo
Kibatalia stenopetala Merr.
Paslit-kitid
ARACEAE
Alocasia sanderiana W. BulI.
areas
ARALIACEAE
Schemera
agamae Merr.
Agama galamay-amo
Scheflep albido-brecteata Elmer
Makinging
Schefflera curanii Merr.
Curran galamay-amo
Schefflera palawanensis Merr.
Palawan galamay-amo
ASCLEPIADACEAE
Hoya alagensis Kloppenburg
Hoya angustisepala Burton
Hoya burtoniae Kloppenburg
Hoya crasssicaulis (Elmer) Kloppenburg
Hoya el-nidkus Kloppenburg
Hoya gigantanganensis Kloppenburg
Hoya greenii Kloppenburg
Hoya halconensis Kloppenburg
Hoya heuschkeliana Kloppenburg
Hoya panchoi Kloppenburg
fishers in Elmer
municipal waters
Hoya pulgarensis
Hoya quinguinervia Warb.
Hoya guisumbingii Kloppenburg
rizaliana
Kloppenbuqj
7. Marketing and buying illegally-caught fishHoya
& fishery
species
Hoya wayetii Kloppenburg
CENTROLEPIDACEAE
Centrolepis phillpplnensis Merr.
COMBRETACEAE
Terminalia darlingii Merr.
Malaputat
CYATHEACEAE
Cyathea acuminata Copel.
Tree fern
Cyathea apoensis Copel.
Tree fern
Cyathea atropurpurea Copel.
Tree fern
Cyathea binuangensis Alderw.
Tree fern
Cyathea callosa Christ
Tree fern
395
Cyathea caudata (J. Sm.) Copel.

Cyathea christii Copel.
Cyathea cinerea Copel.
Cyathea curranii Copel.
Cyathea edanoi Copel.
Cyathea ferruginea Christ
Cyathea fuliginosa (Christ) Copel.
Cyathea halconensis Christ
B. Failure to Comply with Report Requirements Cyathea heterochlamydea Copel.
Cyathea integra J. Sm. ex Hook.
Cyathea masapilidensis Copel.
Cyathea negrosiana Christ
CYCADACEAE
Cycas cumanii (Schuste.) K.D. Hill
Cycas edentata de Laubenf.
Cycas riuminiana Porte ex Regel
Cycas silvestris
Hill
Fish K.D.
or Fishery
Products
Cycas wadei Merr.
DIPTEROCARPACEAE
1. Capture
of breeders, spawners, eggs or fry Anisoptera costata Korth.
Dipterocarpus eurynchus Miq.
Dipterocarpus philippinensis Foxw.
Hopea plagata (Blanco) Vidal
Shorea ovata Dyer ex Brandis
DRYOPTERIDACEAE
Dryopteris chrysocoma (Christ) Chr.
Dryopteris permagna M. G. Price
2. Construction
Fish longiciliata
Pens and Fish
EBENACEAE and Operation of Fish Corrals/Traps,
Diospyros
Merr.Cages
Diospyros philippinensis A. DC
Diospyros pilosanthera Blanco
Dlospyros pyrrhocarpa Miq.
ERICACEAE
Rhododendron subsessile Rendle
FABRONIACEAE
Merrilliobryum fabronioides Broth.
GESNERIACEAE
Agamyla bilirana Hilliard & BL Burtt
GRAMINEAE
Danthonia oreoboloides (F Muell.) Stapf
LAURACEAE
Cinnamomum oroi Quisumb.
396
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Curran pitogo
Pitogong dagat
Pitogo
Palawan pitogo
Culion pitogo
Mindanao palosapis
Basilan apitong
Hairy-leafed apitong
Yakal saplungan
Tiaong
Itom-itom
O-oi
Bolong-eta
Anang
Ausip
Biliran lipstick plant
Pulag carpet grass
Oro kalingag
Cryptocarya palawanensis Merr.

Paren
Litsea leytensis Merr.
Batikuling
LEGUMINOSAE
Afzelia rhomboidea (Blanco) Vidal
Tindalo
lntsia bijuga (Colebr.) Kuntze
Ipil
Kingiodendron alternifolium (Elmer) Merr.
Batete
& Rolfe
Koompassia excelsa (Becc.) Taub.
Mangis
Sindoraareas
supa Merr.
Supa
Strongylodon macrobotrys A Gray
Jade Vine/Tayabak
Sympetalandra densiflora (Elmer) Steen.
Kamatog
Wallaceodendron celebicum Koord.
Banuyo
LEJEUNEACEAE
Drepanolejeunea bakeri Herzog
LYCOPODIACEAE
Lycopodium halconense Copel.
Lycopodium magnusianum Herter
Lycopodium
phlegmaria
L.
Lycopodium salvinioides (Herter) Tagawa
Lycopodium squarrosum G. Forst.
MELASTOMATACEAE
Astrocalyx calycina (Vidal) Merr.
Tanghau
Beccananthus ickisii Merr.
lckis tungau
Beccarianthus pulchem'mus (Merr.)
Malintungau
Maxw.
in municipal
Medinillafishers
banahaensis
Elmer waters
Kalambog-lambog
Medinilla calelanensis Elmer
Tiualos tatana
Medinilla dementis Merr.
Gubangbang
Merr.
Salanakad
7. Marketing and buying illegally-caught fishMedinilla
& fisherycompssicaulis
species
Medinilla comnata Regalado
Pagirang
Medinilla magnifica Lindl.
Kapa- kapa
Medinilla palawanensis Regalado
Palawan medinilla
Medinilla pendula Merr.
Baladu
Medinilla stenobotrys Merr.
Lalanug
Medinilla surigaoensis Regalado
Eastem Mindanao rnedinilla
Medinilla tayabensis Merr.
Mt. Binuang medinilla
MELIACEAE
Walsura monophylla Merr.
Bukalau
397
MYRISTICACEAE
Knema ridsdaleana de Wilde

Myristica colinridsdalei de Wilde
MYRTACEAE
Tristaniopsis littoralis (Merr.) Peter G.
Wilson 8 Waterhouse
Xanthostemon fruticosus Peter G. Wilson
& Co
Xanthostemon speciosus Merr.
Xanthostemon verdugonianus Naves
NEPENTHACEAE
B. Failure
to Comply with Report Requirements Nepenthes bellii Kondo
Nepenthes burkei Masters
Nepenthes deaniana Macfarlane
Nepenthes globamphora Sh Kurata &
Toyoshima
Nepenthes petiolata Danser
Nepenthes philippinensis Macfarlane
Nepenthes truncate Macfarlane
Nepenthes ventricosa Blanco
OPHIOGLOSSACEAE
Ophioglossum pendulum L.
ORCHIDACEAE
Aerides lawrenciae Reichb. f.
Amesiella philippinensis (Ames) Garay
Bulbophyllum stramineum Ames
Bulbophyllum whitfordli Rolfe
Coelogyne palawanense Ames
Corybas laceratus Williams
Fish
Pens and Fish
Cages
Corybas
merrilli(Ames)
Ames
Corybas ramosianus J. Dransf.
Cymbidium aliciae Quisum b.
Cymbidium gonzalesli Quisum b.
Dendmbium lunatum Lindl.
Paphiopedilum ciliolam (Reichb. f.) Stein
Phalaenopsis fasciata Reichb. f.
Phalaenopsis gettrudeae Quisumb.
Phalaenopsis hieroglyphica (Reichb. f.)
398
Ridsdale tambalau
Ridsdale duguan
Taba
Sierra Madre mangkono
Palawan mangkono
Mangkono
Kondo Pitcher plant
Burke Pitcher plant
Macfarlane Pitcher plant
Globamphora Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Pitcher plant
Adders tongue
-
Sweet
Phalaenopsis intermedia Lindl.
Phalaenopsis leucorrhoda Reichb. f.
Phalaenopsis lindenii Loher
Phalaenopsis lueddemanniana Reichb. f.
Phalaenopsls pallens (Lindl.) Reichb. f.
Phalaenopsis portei Reichb. f
areas pulchra (Reichb. f.) Sweet
Phalaenopsis
Phalaenopsls reichenbachiana Reichb. f.
& Sander
Phalaenopsis sanderiana Reichb. f
Phalaenopsis schilleriana Reichb. f.
Phalaenopsis schiller-stuartiana Rolfe
Phalaenopsis stuartiana Reichb. f.
Phalaenopsis
veitchiana
Reichb.
f.
Phalaenopsis virataii Quisum b.
Vanda javierae Tiu ex Fessel & Leukel
Vanda scandens Holltum
Vanda luzonica Loher ex Rolfe
Vanda merrilli Ames & Quisumb.
Vandopsis davisii Ames & Quisumb.
fishers
in municipal
waters
Vandopsis
kupperiana
Kraenzl.
Vandopsis leytensis Ames
PALMAE
Adonidia merillii (Becc.) Becc.
Manila Palm
camarinensis
Mono
7. Marketing and buying illegally-caught fishAreca
& fishery
species Becc.
Calamus balerensis Fernando
Malatandurang parang
Heterospathe brevicaulis Fernando
Marighoi-baba
Oncosperma platyphyllum Becc.
Anibong
Pinanga glaucifolia Fernando
Abiking-puti
Pinanga sobolifera Fernando
Salacca clemensiana Becc.
Lakaubi
PODOCARPACEAE
Podocarpus costalis C. Presl
Igem-dagat
Podocarpus lophatus de Laubenf.
Igem-pugot
399
Podocarpus palawanensis de Laubenf. &

Silba
Podocarpus rotundus de Laubenf.
POLYPODIACEAE
Lecanopteris deparioides (Cesati) Baker
Lecanopteris lomanoides (Mett.) Copel.
Lecanopteris luzonensis Hennip.
PTERIDACEAE
Pteris endoneura M.G. Price
ROSACEAE
Prunus pulgarensis (Elmer) Kalkm.
B. Failure to Comply with Report Requirements Prunus rubiginosa (Elmer) Kalkm.
RUBIACEAE
Boholia nematostylis Merr.
Mussaenda philippinensis Merr.
SAPINDACEAE
Cubilia cubili (Blanco) Adelb.
Dimocarpus longan Lour. ssp. & var,
malesianus Leenh.
Dimocarpus longan Lour. ssp. malesianus
Leenh. var.
echinatus Leenh.
GIoeocarpus patentivaIvis (Radlk.) Radlk.
1. Capture of breeders, spawners, eggs or fry Guioa acuminata Radlk.
Guioa discolor Radlk.
Guioa myrladenIa Radlk
Guioa truncate Radlk.
Litchi chinensis Sonn. ssp. philippinensis
(Radlk.) Leenh.
SAPOTACEAE
Ganua
monticola
(Merr.)
Lam
2. Construction
Fish
Pens and
FishH.J.
Cages
Ganua obovatifolia (Merr.) Assem
Madhuca betis (Blanco) McBride
Madhuca oblongifolia (Merr.) Merr.
SELAGINELLACEAE
Selaginella atimonanensis B. C. Tan &
Jermy
Selaginella pricei B. C. Tan & Jermy
SIMAROUBACEAE
Eurycoma longifolia Jack ssp.
eglandulosa (Merr.) Noot. Linam
400
Palawan igem
Igem-bilogan
Mahabac
Ant fern
Ant fern
Gupit
Bakad pula
Kubili
Alupag lalaki
Alupag amo
Tamaho
Pasi
Alahan-puti
Ulas
Uyos
Alupag
Betis-bundok
Pianga
Betis
Malabetis
Linatog
TECTARIACEAE

THELYPTERIDACEAE
VERBENACEAE
WOODSIACEAE
ZINGIBERACEAE
Heterogonium wenzelii (Copel.) Holtt.

Tectaridium macleanii Copel.
Chingia urens Holtt.
Vitex parviflora Juss.
Diplazium egenolfioides M. G. Price
Hedychium philippinense K. Schum.
Molave/Molawin
Dainsuli
4. Fishing
overexploited
Category
C. in
Vulnerable
Species
FAMILY NAME
ACTlNlDlACEAE
ADIANTACEAE
SCIENTIFIC NAME
COMMON NAME
Saurauia bontocensis Merr.
Dagwey
Adiantum cupreum Copel.
Coppery maidenhair fern
Adiantum mindanaense Copel.
Mindanao maidenhair fern
Adiantum scabripes Copel.
Rough maidenhair fern
Doryopteris
cuspidata
Copel.
ALANGIACEAE
Alangium longiflorum Merr.
Malatapay
ANACARDIACEAE
Dracontomelon dao (Blanco) Merr. & Rolfe
Dao
Dracontomelon edule (Blanco) Skeels
Lamio
Koordersiodendron pinnatum (Blanco)
Amugis
Merr.
Mangifera affissima Blanco
Pahutan
fishers
in municipal
Mangifera
merrillii
Mukherji waters
Pahong-liitan
Mangifera monandra Merr.
Malapaho
Semecarpus paucinervius Merr.
Ligas-ilanan
ANNONACEAE
scandens Elmer
Kalabuyo
7. Marketing and buying illegally-caught fish Dasymaschalon
& fishery species
Mitrephora caudata Merr.
Lanutan-buntolan
Mitrephora fragrans Merr.
Lanutan-banguhan
Mitrephora lanotan (Blanco) Merr.
Lanotan
Orophea creaghii (Ridley) Leonardia &
Tabingalang
Kessler
Orophea cumingiana Vldal
Mapatak
Polyalthia elmeri Merr.
Bangar
Polyalthia palawanensis Merr.
Palawan-lanutan
401
APOCYNACEAE
Kibatalia elmeri Woodson

Kibatalia merrilliana Woodson
Tabernaemontana cordata Merr.
AQUlFOLlACEAE
llex palawanica Loesen. ex Elmer
ARACEAE
Alocasia micholitziana Sander
Alocasia zebrine Schott ex van Houtte
ARALIACEAE
Arthrophyllum pulgarense Elmer
ARAUCARIACEAE
Agathis celebica (Koord.) Ward
B. Failure to Comply with Report Requirements Agathis philippinensis Warb.
ASCLEPIADACEAE
Hoya paziae Kloppen burg
Quisumbingia merrilli (Schltr.) Merr.
ASPLENIACEAE
Asplenium nidus L.
Asplenium vittaeforme Cav.
BEGONIACEAE
Begonia oxyspenna A. DC.
BIGNONIACEAE
Radennachera coriacea Merr.
BLECHNACEAE
Blechnum fraseri
Cunn.) Products
Luerss.
C. Illegal
Fish or(A.Fishery
CELASTRACEAE
Glyptopetalum palawanense Merr.
COMBRETACEAE
1. Capture
of breeders, spawners, eggs or fry Tenninalia macrantha Merr. & Quisumb. ex
Rojo
Tenninalia surigaensis Merr.
CYATHEACEAE
Cyathea contaminans wall.) Copel.
Cyathea elmen (Copel.) Copel
Cyathea latipinnula Copel.
Cyathea oblique Copel.
Fishphilippinensis
Pens and Fish
Cages
Cyathea
Baker
Cyathea robinsonii Copel.
Cyathea rufopannosa Christ
Cyathea setulosa Copel.
Cyathea sibuyanensis Copel.
Cyathea zamboangana Copel.
Dicksonia mollis Holtt.
DILLEN IACEAE
Dillenia reifferscheidia Villar
DIPTERIDACEAE
Diptens lobbiana (Blume) Moore
402
Elmer pasnit
Merrill pasnit
Sakang-manok
Palawan kalasan
Badlang
Higin
Palawan almaciga
Almaciga
Pugad-lawin
Dahu
Palawan surag
Bongoran
Dalinsoi
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Tree fern
Katmon-kalabau
-
DIPTEROCARPACEAE
Dipterocarpus gracilis Blume

Panao
Diptemarpus hasseffii Blume
Hasselt's Panao
Dipterocarpus kunstleri King
Broad-leafed apitong
Shorea almon Foxw.
Almon
Shorea contorta Vldal
White lauan
Shorea falciferoides Foxw. ssp.
Yakal-yamban
falciferoides
Shoreaareas
negrosensis Foxw.
Red lauan
Show polyspenna (Blanco) Merr.
Tanguile
Shorea seminis (de Vriese) Slooten
Mala-Yakal
Vatica mangachapoi Blanco ssp.
Narig
mangachapoi
Vatica mangachapoi Blanco ssp. obtusifola Palawan narig
(Elmer)
Ashton
Vatica maritima Slooten
Narig laot
EBENACEAE
Diospyros curranii Merr.
Malagaitmon
Diospyros ferrea (Wild.) Bakh. var.
Bantulinaw
buxifolia (Rottb.) Bakh.
Diospyros mindanaensis Merr.
Ata-ata
EUPHORBIACEAE
Balakata luzonica (Vidal) Esser
Balakat-gubat
Securinega
flexuosa
Muell.-Arg
.
Anislag
fishers
in municipal
waters
FAGACEAE
Lithocarpus apoensis (Elmer) Rehd.
Apo oak
Lithocarpus jordanae Laguna
Katiluk
GESNERIACEAE
Aeschynanthus cuernosensis Schltr.
Cuernos lipstick plant
Aeschynanthus curvicalyx Mendum
Cleopatra's lipstick plant
Aeschynanthus elmeri Mendum
Elmer's lipstick plant
Aeschynanthus firmus Kraenzl.
Lanao lipstick plant
Aeschynanthus littoralis Schltr.
Davao lipstick plant '
Aeschynanthus madulidii Mendum
Madulid's lipstick plant
Aeschynanthus miniaceus BL Burtt & PJB
Pamingkauan
Woods
Aeschynanthus nervosus Schltr.
Chila
403
Aeschynanthus ovatus Schltr.

Aeschynanthus pergracilis Kraenzl.
Aeschynanthus truncatus Schltr.
Agamyla biflora (Elmer) Hilliard & BL Burtt.
Agamyla calelanensis (Elmer) Hilliard & BL
Burtt
Agamyla glabra (Merr.) Hilliard & BL Burtt
Agamyla montistomasi Hilliard & BL Burtt
B. Failure to Comply with Report Requirements Agamyla parvilimba Hilliard & BL Burtt
Agamyla persimilis Hilliard 8 BL Burtt
Agamyla rotundiloba Hilliard & BL Burtt
Agamyla samarica Hilliard & BL Burtt
Agamyla sibuyanensis Hilliard & BL Burtt
Agamyla urdanentensis (Elmer) Hilliard &
BL Burtt
GUlTIFERAE
Calophyllum laticostatum PF Stevens
HAMAMELIDACEAE
Embolanthera spicata Merr.
LAURACEAE
Cinnamomum mercadoi Vidal
Cryptocarya ampla Merr.
LEGUMINOSAE
Cynometra inaequifolia A. Gray
Pericopsis mooniana Thwaites
Sindora inermis Merr.
Strongylodon elmeri Merr.
LYCOPODIACEAE
Lycopodium carinatum Desv.
MELASTOMATACEAE
Medinilla
Merr
2. Construction
Fishdolichophylla
Pens and Fish
Cages
MELIACEAE
Aglaia angustifolia Miq.
Aglaia cumingiana Turcz.
Aglaia edulis (Roxb). Wall
Aglaia rimosa (Blanco) Merr.
Aglaia smithii Koord .
Aglaia tenuicaulis Hiem
Aphanamis polystachya (Wall.) RN Parker
Dyxosylum angustifolium (Merr.) Hams
404
Round-leafed lipstick plant

Slender lipstick plant
Truncate lipstick plant
Twin-flowered lipstick plant
Tasik-sa-lomot
Smooth lipstick plant
Benguet lipstick plant
Leyte lipstick plant
Agusan lipstick plant
Round-lobed lipstick plant
Samar lipstick plant
Sibuyan lipstick plant
Balibadon
Thick-veined bitanghol
Paningit
Kalingag
Bagarilau
Dila-dila
Makapilit
Kayugalo
Bindanugan
Gunang
Kaniuing kitid
Alauihau
Malasaging
Balubar
Batukanag
Oksa
Kangko
Tarublang
Dyxosylum oppositifolium F. M uell.

Kayatau
Artocarpus rubrovenius Warb.
Kalulot
Artocatpus treculianus Elmer
Pakak
MYRISTICACEAE
Horsfielda samarensis de Wilde
Samar yabnob
OPHIOGLOSSACEAE
Botrychium daucifolium Wall.
Grape fern
Botrychium lanuginosum Wall.
Grape fern
ORCHIDACEAE
Aerides leeana Reichb. f.
areas sanderae Rolfe
Dendrobium
Epigeneium treacherianum Reichb. f. ex
Hook. f.) Summerhayes
PALMAE
Areca hutchinsoniana Becc.
Pisa
Areca ipot Becc.
Bungang-ipot
Areca macrocarpa Becc.
Bungang lakihan
Corypha microciada Becc.
Biliran buri
Livistona
robinsoniana
Becc.
Kayabing
PANDANACEAE
Sararanga philipplnensls Merr.
Bagaas (Panay), Abasanay (Waray)
POLYPODIACEAE
Aglaomorpha acuminata (Willd .)
Libagod
Hovenkam p
Aglaomorpha cornucopia (Copel) Roos
Aglaomorpha heraclea (Kunze) Copel.
Saraukong
Aglaomorpha meyeniana (Hook.) Schott
fisherspilosa
in municipal
Aglaomorpha
(Hook & waters
Bauer)
Copel.
Aglaomorpha splendens (Hook. & Bauer)
7. Marketing and buying illegally-caught fish Copel.
& fishery species
Drynaria quercifolia (L.) J. Sm.
Pakpak-lawin
Goniophlebium terrrestre Copel.
Microsorum punctatum (L.) Copel.
Barauwai
Microsorum sarawakense (Baker) Ching
Microsorum scolopendria (Bum. f.) Copel.
Barawetku
Pyrrosia splendens (C. Presl) Ching
Turko
PSILOTACEAE
Psilotum complanatum Sw.
Flat whisk fern
Psilotum nudum (L.) Beauv.
Whisk fern
MORACEAE
405
Tmesipteris lanceolata Dang

Taenitis cordatum (Gaud.) Holtt.
Antherostele banahaensis (Elmer) Bremek.
Antherostele callophylla Bremek.
Antherostele grandistipula (Merr.) Bremek.
Antherostele luzoniensis (Merr.) Bremek.
Badusa palawanensis Ridsd.
Mussaenda acuminatissima Merr.
B. Failure to Comply with Report Requirements Mussaenda attenuifolia Elmer
Mussaenda chlorantha Merr.
Mussaenda setosa Merr.
Myrmephytum beccarii Elmer
Myrmecodia tuberosa Jack
Villaria fasciculiflora Quisumb. & Mew.
RUTACEAE
Zanthoxylum integrifolium (M err.) Merr.
SAPOTACEAE
Palaquium Fish
luzoniense
(Femandez-Villar)
C. Illegal
or Fishery
Products
Vidal
Palaquium mindanaense Merr.
Palaquium philippense (Perr.) C. Roblnson
Pouteria villamilii (Merr.) Baehni
SELAGINELLACEAE
Selaginella magnifica Warb.
Selaginella tamariscina (Beauv.) Spring
TECTARIACEAE
Tectaria stalactica M. G. Price
THELYPTERIDACEAE
Chingia paucipaleata Holtt.
Fish
Pens
and Fish Cages
Chingia
pricei
Holtt.
Christella subdentata Holtt.
Coryphopteris squamipes (Copel.) Holtt.
Cyclogamma auriculata (J. Sm.) Ching
VERBENACEAE
Clerodendrum macrocalyx H. J. Lam
Clerodendrum mindorense Merr.
WOODSIACEAE
Comopteris lrigense (Copel.) M. G. Price
Diplazium costulisorum C. Presl
Diplazium cultratum C. Presl
PTERIDACEAE
RUBIACEAE
406
Palawan palak
Katudai
Bungag
Sigidago
Sibuyan ant plant
Burebid
Otto
Salai
Red nato/ nato
Pinulog
Malak-malak
Villamil nato/ White nato
Bagab
-

ZINGIBERACEAE
Diplazium propinquum (Copel.) Alderw.

Gymnocarpium oyamense (Baker) Ching
Adelmeria paradoxa (Ridley) Merr.
Leptosolena haenkei C. Presl
Parapat
Banai
Category D. Other Threatened Species

FAMILY NAME
BURSERACEAE
SCIENTIFIC NAME
COMMON NAME
Canarium luzonicum (Blume) A.Gray
Piling-liitan
Canarium ovatum Engl.
Pili
Protium connarifolium (Perkins) Merr.
Marangub
DILLENIACEAE
Dillenia fischeri Merr.
Fischer Katmon
Dillenia luzoniensis (Vidal) Martelli ex
Malakatmon
or not
Durand
& Jackson
ELAEOCARPACEAE
Elaeocarpus dinagatensis Merr.
Dinagat-konakan
Elaeocarpus gigantifolius Elmer
Nabol
EUPHORBIACEAE
Antidesma obliquinervium Merr.
Aniam
Antidesma subolivaceum Elmer
Aniam-Gubat
Drypetes palawanensis Pax & Hoffm.
Tombong-uak
Macaranga
congestiflora
Merr.waters
Amublit
fishers
in municipal
FAGACEAE
Lithocarpus luzoniensis (Merr.) Rehd.
Kilog
Lithocarpus ovalis (Blanco) Rehd.
Mangasiriki
FLACOURTIACEAE
Hydnocarpus alcalae C DC
Dudua
7. Marketing and buying illegally-caught fishXylosma
& fishery
species
palawanense
Mendoza
Mansalay
GESNERIACEAE
Monophyllaea longipes Kraenzl .
North luzon one-leafed plant
Monophyllaea merrilliana Kraenzl.
Sabongaiahon
LABIATAE
Plectranthus apoensis (Elmer) H Keng
Kalalapo-bulan
Plectranthus merrilii H Keng
Bungbungtit
LAURACEAE
Cinnamomum iners Reinw. ex Blume
Clove cinnamon
Eusideroxylon zwageri Teysm. & Binn.
Tambulian (Borneo iron wood)
Persea philippinensis (Merr.) Elmer
Kulilisiau
LEGUM INOSAE
Adenanthera intermedia Merr.
Tanglin
407
Entada rheedii Sprengel

Luzonia purpurea Elmer
Parkia harbesonii Elmer
LOMARIOPSIDACEAE
Lomagramma pedicellataCopel.
MELIACEAE
Aglaia ahemiana Perkins
Aglaia costata Elmer ex Merr.
Sandoricum vidalii Menill
MYRISTICACEAE
Knema alvarezii Merr.
B. Failure to Comply with Report Requirements Knema stenocarpa Warb.
Myristica basilanica de Wilde
Mynynsticfan rghra de Wild e
Myristica longipetiolata de Wilde
Myristica philippensis Lamk.
Myristica pilosigemma de Wilde
MYRSINACEAE
Ardisia romanii Elmer
MYRTACEAE
Kania microphylla
& Merr.)
C. Illegal
Fish or(Quisumb.
Fishery Products
Peter G. Wilson
Kania urdanetensis (Elmer) Peter G.
Wilson
Metrosideros halconensis (Merr.) Dawson
Syzygium cagayanense (Merr.) Merr.
Syzygium ciliato-setosum (Merr.) Merr.
Syzygium densinervium (Merr.) Merr.
Syzygium panduriforme (Elmer) Merr.
Fishsubrotundifolium
Pens and Fish Cages
Syzygium
(C. Robinson)
Merr.
PANDANACEAE
Pandanus basilocularis Martelli
POLYPODIACEAE
Arthromeris proteus (Copel.) Tagawa
Christopteris sagitta (Christ) Copel.
RHAMNACEAE
Ziziphus hutchinsonii Merr.
Ziziphus talanai (Blanco) Merr.
ROSACEAE
Runus subglabra (Merr.) Kalkm.
Rosa luciae Franch. & Rochbr. ex Crepin
408
Gugo
Baloktot
Butad
Alamag
Manabiog
Malasantol
Duhao
Libago
Basilan duguan
Duguan
Roman tagpo
Tigang-liitan
Sambulanan
Magadhan
Amtuk
Lakangan
Salakadan
Lauig-lauigan
Kalogkog-dagat
Olango
Cacam-cam
Lumuluas
Balakat
Kanumog
Kuyaob
Rosa transmorrisonensis Hayata

Rubus heterosepalus Merr.
SAPINDACEAE
Guioa bicolor Merr.
SYMPLOCACEAE
Symplocos polyandra (Blanco) Brand.
TECTARIACEAE
Tectaria adenophora Copel.
URTICACEAE
Astrothalamus reticulatus (Wedd.) C
Robinson
areas
WOODSIACEAE
Diplazium
calliphylum (Copel.) M. G. Price
Diplazium macrosorum (Copel.) M. G.
Price
Diplazium sibuyanense (Copel.) Alderw.
Diplazium vestitum C. Presl
ZINGIBERACEAE
Vanovrberghia sepulchrei Merr
Pauikan
Tukong
Kaninging
Balakbakan
Lapnai
Agbab
409
AnnexAnnex
Annex
9.Annex
List9.9.
ofList
9.List
Hazardous
List
of
ofof
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
in
Wastes
DENR
ininin
DENR
DENR
Administrative
DENR
Administrative
Administrative
Administrative
OrderOrder
04-36
Order
Order
04-36
04-36
04-36
CLASSIFICATION
CLASSIFICATION
CLASSIFICATION
OF
OFOF
HAZARDOUS
HAZARDOUS
HAZARDOUS
WASTES
WASTES
CLASSIFICATION
OF HAZARDOUS
WASTESWASTES
Table
Table
Table
2.1
2.12.1
presents
presents
presents
the
thethe
Classification
Classification
Classification
ofofPrescribed
of
Prescribed
Prescribed
Hazardous
Hazardous
Hazardous
Wastes
Wastes
Wastes
while
while
while
Table
Table
Table
2.2
2.22.2
presents
presents
presents
the
thethe
exempted
exempted
exempted
wastes
wastes
wastes
Table 2.1
presents
the
Classification
of Prescribed
Hazardous
Wastes
while
Table
2.2
presents
the
exempted
wastes
under
under
under
this
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Should
Should
Should
there
there
be
be
be
other
other
other
wastes
wastes
wastes
not
listed
listed
listed
in
in both
inboth
both
tables,
tables,
tables,
the
thethe
results
results
results
ofof the
ofthethe
toxicity
toxicity
toxicity
under this
Procedural
Manual. Manual.
Should
there
bethere
other
wastes
not
listednot
innot
both
tables,
the
results
of
the
toxicity
characteristics
characteristics
leaching
leaching
leaching
procedure
procedure
procedure
(TCLP)
(TCLP)
(TCLP)
shall
shall
be
beused
be
used
used
inindetermining
in
determining
determining
whether
whether
thethe
said
said
said
wastes
wastes
wastes
are
areare
hazardous
hazardous
hazardous
and
and
and
characteristics
leaching
procedure
(TCLP)
shall
be shall
used
in
determining
whether whether
the
said the
wastes
are
hazardous
and
B. Failure
tocharacteristics
Comply
with Report
Requirements
covered
covered
by
bythis
by
thisthis
Procedural
Procedural
Procedural
Manual.
Manual.
Manual.
covered covered
by
this
Procedural
Manual.
Table
Table
2.1
2.12.1
Classification
Classification
Classification
ofofHazardous
of
Hazardous
Hazardous
Wastes
Wastes
Wastes
Table 2.1Table
Classification
of Hazardous
Wastes
Class
Class
Class Class
Description
Description
Description
Description
Waste
Waste
Waste Waste
Number
Number
Number Number
C. Illegal
Fishing
Activities
and
A: Wastes
A:A:
with
Wastes
A:
Wastes
Wastes
Cyanide
with
with
with
Cyanide
Cyanide
Cyanide
Wastes with
Wastes
Wastes
Wastes
cyanide
with
with
with
cyanide
cyanide
cyanide
Waste containing
Waste
Waste
Waste
containing
containing
cyanide
containing
with
cyanide
cyanide
cyanide
concentration
with
with
with
concentration
concentration
concentration
> 70 mg/L
>>70
in70
>liquid
mg/L
70
mg/L
mg/L
ininliquid
liquid
in liquid A101
fry Refer
waste.
waste.
waste.
waste.
to CCO.
Refer
Refer
Refer
totoCCO.
to
CCO.
CCO.
A101
A101
A101
B: Acid Wastes
B:B:Acid
B:
Acid
Acid
Wastes
Wastes
Wastes
Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
acid
acid
acid
Sulfuric acid
Sulfuric
Sulfuric
Sulfuric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid
acid
acid
acid
Hydrochloric
Hydrochloric
Hydrochloric
Hydrochloric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
2. Construction
and
Operation
of
Fish
Corrals/Traps,
Fish
Pens
and
Fish
Cages
Nitric acidNitric
Nitric
Nitric
acid
acid
acid
Nitric acidNitric
Nitric
with
Nitric
acid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B201
B201
B201
B201
B202
B202
B202
B202
B203
B203
B203
B203
Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
acid
acid
acid
Phosphoric
Phosphoric
Phosphoric
acid
Phosphoric
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B204
B204
B204
B204
Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid
acid
acid
acid
Hydrofluoric
Hydrofluoric
Hydrofluoric
Hydrofluoric
acid withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B205
B205
B205
B205
Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid
Mixture ofMixture
Mixture
sulfuric
Mixture
ofof
and
sulfuric
of
sulfuric
hydrochloric
sulfuric
and
and
and
hydrochloric
hydrochloric
hydrochloric
acid
acid
acid
acid
with pH <with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B206
B206
B206
B206
Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
acid
acid
acid
Other inorganic
Other
Other
Other
inorganic
acid
inorganic
inorganic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B207
B207
B207
B207
Organic acid
Organic
Organic
Organic
acid
acid
acid
Organic acid
Organic
Organic
Organic
withacid
pH
acid
acid
<with
with
2.0with
pH
pH<
pH
<2.0
2.0
< 2.0
B208
B208
B208
B208
410
Other acid wastes

C: Alkali Wastes
Caustic soda
Acid wastes other than B201 to B208

with pH < 2.0
B299
Caustic soda with pH > 12.5
C301
Potash
Potash with pH > 12.5
4. Fishing
in overexploited or fishery Alkaline
management
areas
Alkaline
cleaners
cleaners
with pH > 12.5
C302
Ammonium hydroxide
C304
Ammonium hydroxide with pH > 12.5
C303
Lime slurries
Lime slurries with pH > 12.5
C305
Other alkali wastes
Alkali wastes other than C301 to C306

pH > 12.5
C399
D:
Wastes with
Inorganic
Chemicals
5. Fishing
without
license
or necessary permits or not complying with documentary requirements
Selenium and its
Includes all wastes with a total Se
compounds
concentration > 1 mg/L based on analysis of an extract
Arsenic and its
Includes all wastes with a total As
compounds
Barium and its
Includes all wastes with a total Ba concentration > 70 mg/L
compounds
based
on analysis
of an in
extract
commercial
fishers
municipal waters
Cadmium and its
Includes all wastes with a total Cd
compounds
Chromium compounds
Includes all wastes with a total Cr
fish & fishery
species
concentration
> 5 mg/L
based on analysis of an extract
Lead compounds
Includes all wastes with a total Pb
Mercury and mercury
Includes all wastes with a total Hg
compounds
concentration > 0.1 mg/L based on analysis of an extract.
These also includes organomercury compounds. Refer to
CCO.
Fluoride and its
Includes all wastes with a total F
compounds
411
D401
D402
D403
D404
D405
D406
D407
D408
E: Reactive Chemical Wastes

Oxidizing agents
Includes all wastes that are known to contain oxidizing agents in

concentration
that cause the waste to exhibit any of the following properties:
E501
It is normally unstable and readily undergoes violent

change without detonating
It reacts violently with water
It forms potentially explosive mixtures with water

When mixed with water, it generates toxic gases, vapor or fumes

in a quantity sufficient to present a danger to human health
It is a cyanide (CN) or sulfide (S) bearing wastes, which when exposed
to pH conditions between 2 and 12.5 can generate toxic gases, vapors
and fumes in a quantity that poses a danger to human health
Reducing agents
Includes all wastes that are known to
C. Illegal Fishing Activities and Dealing incontain
Illegally-Caught
Fish or
Fishery Products
reducing agents
in concentration
that cause the waste to
exhibit any of the following properties:
fry It is normally unstable and readily undergoes violent
change without detonating
It reacts violently with water
It forms potentially explosive mixtures with water
When mixed with water, it generates toxic gases,

vapors, or fumes in a quantity sufficient to present a danger to
human health
Explosive and unstable

chemicals
It is a cyanide (CN) or sulfide (S) bearing wastes, which when

exposed to pH conditions between 2 and 12.5 can generate
toxic gases, vapors and fumes in a quantity that poses a danger
to human health
Includes all wastes that are 1) capable of detonation or
explosive reaction when subject to a strong initiating source or
when heated under confinement, or 2) capable of detonation or
explosive decomposition at a temperature of 20oC and
412
E502
E503
Pressure of 1 atm.
Highly reactive
Includes all other wastes that exhibit any
3. Failure to Comply with Standards of the properties described for D501, D502, and D503.
chemicals
F: Inks/Dyes/Pigments/Paint/ Resins/Latex/Adhesives/Organic Sludge
Solvent based
Includes all solvent based wastes that also meet one or more of
the sub- categories
Inorganic pigments
Includes all wastewater treatment sludge
the production
4. Fishing in overexploited or fishery from
management
areasof inorganic pigments
Ink formulation
Includes all solvent washings and sludge,
caustic washings and sludge or wastewater and sludge from cleaning
of tubs and equipment used in the formulation of ink from pigments,
driers, soaps, and stabilizers containing Chromium and Lead.
G: Waste Organic Solvent
Halogenated organic
Includes the ff. spent halogenated
solvents
solvents:
permits or not complying
with documentary
Tetrachloroethylene,
trichlororethylene,
methylene requirements
chloride, 1,1,1,
Trichloroethane, carbon tetrachloride,
chlorobenzene, 1,2,2 Trichloroethane, chlorinated flouro-carbons if they
contain a total of 10% or more (by volume) of one or more of the above
before use; it also includes all still bottoms from recovery of these
solvents and solvent mixtures
Non-halogenated
organicand
solvents
Includes
the ff. non-halogenated
solvents:
Xylene, acetone, ethyl
unlicensed
commercial
waters
acetate, ethyl
benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanol, methanol, cresol, cresylic acid, nitro- benzene, toluene,
fishdisulfide,
& fisheryisospecies
Carbon
butanol, pyridine, benzene, 2-ethoxy ethanol and 2 nitropropane and
other non-halogenated organic solvents if they contain a total of 10% or
more (by volume) of one or more of these solvents before use; it also
includes all still bottoms from recovery of these solvents and solvent
mixtures
H: Putrescible/Organic Wastes
Grease trap wastes
Includes all establishments that generate
from industrial or commercial
grease trap waste
413
E599
F602
F603
F610
G703
G704
H802
premises
I: Oil
Waste oils
J: Containers
Containers previously containing
toxic chemical substances
Includes all wastes from establishments

that generate, transport, or treat waste oil
Waste containers that used to hold the toxic chemical substances

listed in Classes A, B, C, D, E, and L, sub- categories M504 and
M505, and the chemicals listed in the Priority Chemical List.
Containers that used to contain Polychlorinated biphenyl (PCB)
are categorized as L406 and excluded from this sub-category.
K: Stabilized Waste
Solidified wastes and
Wastes whose hazardous substances are
polymerized wastes
physically immobilized by consolidation to reduce the surface area
of the wastes in order to meet the waste acceptance criteria
Chemically fixed wastes
Wastes whose hazardous substances are
C. Illegal Fishing Activities and Dealing inchemically
Illegally-Caught
Fishthrough
or Fishery
Products
immobilized
chemical
bonds to an immobile matrix
or chemical conversion to meet the waste acceptance criteria
1. Capture
of breeders,
fry whose hazardous substances are
Encapsulated
wastesspawners, eggs or
Wastes
physically immobilized by enveloping the waste in a non-porous,
impermeable material in order to store hazardous wastes until such time
that an accredited disposal facility is available
L: Organic Chemicals
Wastes with specific
Non-liquid waste containing the following:
non-halogenated toxic organic
- Tri-butyltin
2. Construction
chemicals and Operation of Fish Corrals/Traps,
- 1,2-diphenylhydrazine
- Benzene
Ozone depleting
Waste chlorofluorocarbons (CFCs) and
substances
halons.
Recovered coolant containing
chlorofluorocarbons (CFCs) or halons. Refer to CCO.
Polychlorinated
Wastes contaminated with PCBs and
Biphenyls (PCBs)
waste products containing PCBs. Refer to
wastes
CCO.
414
I101
J201
K301
K302
K303
L401
L402
L406
M: Miscellaneous Wastes
Pathological or
Includes medical wastes from hospitals,
3. Failurewastes
to Comply with Standards medical centers and clinics containing pathological, pathogenic
infectious
and infectious wastes, sharps, and others
Asbestos wastes
Wastes containing friable asbestos. Waste blue and brown
asbestos fibers. Refer to CCO.
Pharmaceuticals and
Expired pharmaceuticals and drugs
drugs
at producers
4. Fishing in overexploited or fishery stocked
management
areas and retailers facilities which contain hazardous
constituents harmful to the environment such as antibiotics,
veterinary and phytopharmaceuticals and others
Pesticides
Waste pesticides other than M505.
Includes all wastewater sludge with hazardous constituents from
production of pesticides other than those listed in M505.
Persistent Organic
Waste pesticides listed in the Stockholm
Pollutants (POPs)
Convention (POPs Convention) such as aldrin, chlordane, dieldrin,
permits
or not complying
with documentary
requirements
pesticides
endrin,
heptachlor,
hexachlorobenzene,
mirex,
toxaphene, and DDT.
Waste from electrical and electronic
Waste from electrical and electronic equipment that contain hazardous
equipment (WEEE)
components such as lead, cadmium, mercury, hexavalent chromium,
polybrominated biphenyls and polybrominated diphenyl ethers
Special Wastes
Household hazardous wastes such as paints,
thinners,
household
batteries,
lead-acid
commercial
fishers
in municipal
waters
batteries, spray canisters and the like that are consolidated by Material
Recovery Facilities (MRF).
These
wastes
from residential and commercial sources that
fishinclude
& fishery
species
comprise of bulky wastes, consumer electronics, white goods, yard
wastes that are collected separately, batteries, oil, and tires.
415
M501
M502
M503
M504
M505
M506
M507
Table 2.2 Exempted Wastes

Description
Household waste such as garbage under RA 9003
Industrial and commercial wastewaters which are disposed of on-site
through the sewerage system
Industrial and commercial solid wastes which do not contain hazardous
B. Failure
Report
wastesto
asComply
identifiedwith
in Table
2.1Requirements
Materials from building demolition except asbestos
Septic tank effluents and associated sullage wastewaters
Untreated spoils from mining, quarrying and excavation works but not
materials in the nature of tailings, commercially treated materials and mine facility consumables

416
Directory of Key Officials Regional & Provincial Law Enforcement Agencies

A. DENR REGIONAL & PROVINCIAL OFFICES
Cordillera Administrative Region (CAR)
Regional
Office/Position
Address
Contact Number/Email Address
4. Fishing
in overexploited
areas
Regional Executive Director, CAR
80 Diego Silang St., Baguio City
(074) 442-45-31, 444-28-06
ored@mozcom.com
Regional Director for Environment
EMB, Pacdal Nursery, Baguio
(074) 446-6440
City;
embcar_baguio0566@yahoo.com
Regional Director for Mines
80 Diego Silang St., Baguio City;
(074) 442-6392
mgb-car@mozcom.com
Regional Technical Director for
(074) 442-2353, 443-9322
5. Fishing
without license
Forest
Management
Service or necessary permits or not complying with documentaryarequirements
dlagon@hotmail.com
(074) 443-9321
Land Management Service
rtdlms@yahoo.com
(074) 447-2541, 447-2632
Ecosystems Research and
crdsdenr@yahoo.com
Development Service
Regional
Technical
Director
forunlicensed
80 Diego
Silang St.,
Baguio
City
(074)444-2720
6. Intrusion
of licensed
and
commercial
fishers
in municipal
waters
Protected Areas and Wildlife
pawczmsdenrcar@hotmail.com
Management Service

Abra
PENRO, Abra
Casamata Hills, Bangued, Abra
CENRO, Bangued
FMS NRD 1-13, Pacdal, Baguio
City
CENRO, Lagangilang
Lagangilang, Abra
Apayao
417
(074) 752-8252 penro a b r a 1 9 8 7 @ y a h o o . c o m

(074) 662-0890
0916-1540660
PENRO, Apayao Concurrent

CENRO, Calanasan
CENRO, Conner
CENRO, Luna
San Isidro, Luna, Apayao

Sta. Felomina, Calanasan,
Apayao
Conner, Buluan, Apayao
Payanan, Luna, Apayao
Benguet
PENRO, Benguet
Nursery Compound, Pacdal,
Baguio City
CENRO, Baguio City
FMS, NRD-1-13, Pacdal,
B.C.
CENRO, Buguias
Abatan, Buguias, Benguet
CENRO, La Trinidad
Wangal, La Trinidad, Benguet
0919-4636933
(074) 442-7446
(074) 442-7316
(074) 442 - 8316
(074) 442 - 2686
Ifugao
PENRO, Ifugao
Bannit, Payawan, Lamut, Ifugao
CENRO, Alfonso Lista
Alfonso Lista, Ifugao
CENRO, Lamut
Bannit, Payawan, Lamut, Ifugao
Kalinga
PENRO, Kalinga
CENRO, Pinukpuk
CENRO, Tabuk
Bulanao, Tabuk, Kalinga

Pinukpuk Junction, Kalinga
Magsaysay, Tabuk, Kalinga
Mountain Province
2. Construction
PENRO, Mountain Province
Bontoc, Mountain Province
CENRO, Paracelis
Paracelis, Mountain Province
CENRO, Sabangan
Sabangan, Mountain Province
Regional Office/Position
Region 1 - Ilocos Region

Address
Government Center, Sevilla, City
of San Fernando, La Union
418
( 074 ) 872 - 2179

(074) 872 - 2216
(074) 606-8094
(074) 462-41-30
(074) 606 8094
(072) 700-5952
Fax No. (072) 888-3833
2nd Floor, Lee Building, Lingsat,

San Fernando City, La Union
3. FailureDirector
to Comply
with StandardsLee Bldg., (La Tondea) Lingsat,
Regional
for Mines
San Fernando, La Union
(072) 700 - 2448

Fax No. (072) 700-2449
TeleFax: (072) 242 2777
0918-919-17-98
mgb1@sflu.com
044-2426201 | 0927-4189566

2nd Floor, Doa Pepita Building,
Forest Management Service
Quezon Ave., San Fernando City,
Union
4. Fishing in overexploited or fisheryLamanagement
areas
2nd Floor, ICVI Building, Quezon
(072) 888-5844 | 0919-897-71-00
Ave., San Fernando City, La Union
Boy Scout Bldg, Gov. Aguila Rd,
044-2425342 | 0927-2686626
Ecosystems Research and
San Fernando City La Union
Development Service
Regional Technical Director
3rd Floor, ICVI Building, Quezon
(072) 700-4421 | 0916-549-54-90
5. Fishing without
Management
Servicelicense or necessary permits or not complying with documentary requirements
Ilocos Norte
PENRO, Ilocos Norte
PFDPIN Bldg., Laoag City, Ilocos

(077) 771- 1475 / 770 - 3914 773 - 1465 / 770 - 3914 /
Norte
722-0254
CENRO, Bangui
Bangui, Ilocos Norte
(044)-622-0434
CENRO,
Laoag
City
Brgy.
Barit, Laoagfishers
City in municipal waters
771-1476 / 770-3407
6. Intrusion
of licensed
and unlicensed
commercial
Ilocos Sur
PENRO, Ilocos Sur
PleteBldg. Cor. Rizal Ave.,
fish & fishery
LiberatoBlvd.,
Vigan,species
Ilocos Sur
CENRO, Tagudin
Bitalag, Tagudin, Ilocos Sur (thru
Radio)
CENRO, Vigan City
81 Quirino Blvd., Vigan, Ilocos Sur
La Union
PENRO, La Union
CENRO, San Fernando City
Magdalena Peralta Bldg., Quezon

Magdalena Peralta Bldg., Quezon
419
(077) 722 -3587 | 722- 2022
722-21-53 / 722-3587 |
(072) 242-10-38 | 242-3780
888-27-93/242-7858

Pangasinan
PENRO, Pangasinan
DENR Compound, AB Fernandez

West, Dagupan City
CENRO, Alaminos City
Alaminos, Pangasinan
CENRO, Dagupan City
Bonuan, Tondaligan, Dagupan
City
CENRO,
City Report Requirements
Brgy. Anonas, Urdaneta City,
B. Failure
toUrdaneta
Comply with
Pangasinan
(075) 515-40-02 / 522-7422

522-70-20/551-6482
522-35-01/515-35-77
075-588-8122 | 075-5688822
Region 2 - Cagayan Valley

Address
Nursery Compound, Tuguegarao,
(078) 304-8049
Cagayan
r2@denr.gov.ph
844-43-21
C. Illegal Fishing Activities and Dealing Cagayan
TeleFax: (078) 844-5561;
1. Capture of breeders, spawners, eggs Cagayan
or fry
mines2@cag.pworld.net.ph
844-4344 | 0919-421-76-16
Forest Management Service
Cagayan
Tuguegarao City, Cagayan
844-4344
(078) 844-43-28/846-30-35 0919-404-42-33
Ecosystems Research
and of Fish Corrals/Traps, Fish Pens and Fish Cages
2. Construction
and Operation
Development Service
Nursery Cmpd.,Tuguegarao,
844-00-98
Cagayan
Management Service
Batanes
PENRO, Batanes
Basco, Batanes
(02) 533-34-42/533-34-56
Fax No. (02) 535-48-51
420
Cagayan
PENRO, Cagayan
CENRO, Alcala
CENRO, Aparri
Alcala, Cagayan
Aparri, Cagayan
4. Fishing
in overexploited
or fisherySanchez
management
areas
CENRO
Sanchez
Mira
Mira, Cagayan
CENRO, Solana
Solana, Cagayan
CENRO, Tuguegarao
Peablanca, Cagayan
Isabela
PENRO, Isabela
Ilagan, Isabela
Quirino
PENRO, Quirino
Diffun, Quirino
(078) 846-75-03/846-71-77
Fax No.746-7434
0916-522-91-25
888-2112
0918-7343805
SO-2007-50
0917-927-01-82
0920-451-49-21
844-4933
(078) 652-22-03
Fax No. 622-3936
CENRO, Cabagan
Garita, Cabagan, Isabela
078-6363089
CENRO, Cauayan
Silawit, Cauayan, Isabela
078-652-2203
CENRO, Naguillan
Naguillan, Isabela
CENRO, Palanan
Palanan, Isabela
0917-820-15-13
CENRO, Roxas
Roxas, Isabela
078) 642-8256
0918-377-37-75
CENRO, San Isidro
San Isidro, Isabela
0919-47 6-93-81
Nueva Vizcaya
PENRO, Nueva Vizcaya
Bayombong, Nueva Vizcaya
(078) 321-20-84/321-4041
09206098318
CENRO, Aritao
Aritao, Nueva Vizcaya
(078) 322-11-75
09275909294
CENRO, Bayombong
Bayombong, Nueva Vizcaya
09192298118
CENRO, Dupax
Dupax del Sur, Nueva Vizcaya
(078) 326-6882
09065882537
078-6947084
421
CENRO, Nagtipunan
09287341168
862-6402
09163419003
Nagtipunan, Quirino
Region 3 - Central Luzon

Address
Amalgamated Bldg., Macarthur
(045) 963-4636
Highway Baliti, San Fernando,
Pampanga
(045) 963-4654
Pampanga
Cleofers Bldg., General Hizon St.,
(045) 961-3523, 961-2779
San Fernando, Pampanga
mgbr3@pamp.pworld.net.ph
RTD for Forest Management
(045) 963-4636
Service
C. Illegal Fishing Activities and Dealing Pampanga
RTD for Land Management Service
(045) 963-4651
1. Capture of breeders, spawners, eggs Highway
or fry Baliti, San Fernando,
Pampanga
RTD for Ecosystems Research and
(045) 963-6196
Development Service
Pampanga
RTD for Protected Areas and
(045) 963-7630
Wildlife Management Service
Pampanga
Aurora
PENRO, Aurora
CENRO, Casiguran
CENRO, Dingalan
CENRO, Baler Aurora
Baler, Aurora
Casiguran, Aurora
Dingalan, Aurora
Ma. Aurora, Aurora
(042) 209-9212
(042)540-29-33
(042)540-3311
Bataan
422
Balanga Rural Bank Bldg., Paterno

St.,Balanga, Bataan
3. Failure
to Comply with StandardsBagac, Bataan
CENRO,
Bagac
CENRO, Dinalupihan
Pilar, Bataan
PENRO, Bataan
Bulacan
PENRO, Bulacan
McArthur Hi-way, Guinhawa,
4. Fishing in overexploited or fisheryMalolos,
management
Bulacanareas
CENRO, GuiguintoTabang
Tabang, Guiguinto, Bulacan
CENRO, San Rafael
San Rafael, Bulacan
(047) 237-3550
0916-432-3765
(047) 237-66-39
(044) 662-04-34
(044) 794-0152
09205267118
(044)766-59-82
Nueva Ecija
PENRO, Nueva Ecija
DBP Bldg., Burgoz Avenue,

(044) 463-1728
Cabanatuan City
CENRO, Cabanatuan City
2nd Flr. Liwag Bldg. Burgos
(044) 464-3893
CENRO, Muoz City
CLSU, Muoz, Nueva Ecija
(044) 456-0712
CENRO, Talavera
Poblacion Sur, Talavera, Nueva
(044) 411-1496
Ecija
Pampanga
PENRO,
Pampanga
Dolores.,San
Fernando
6. Intrusion
of licensed and unlicensed
commercial
CENRO, San Fernando City
Macarthur Highway, Angeles City
Tarlac
PENRO, Tarlac
NIA Compound, Matatalaib, Tarlac
City
CENRO, Tarlac City
Romulo Highway, Camiling, Tarlac
CENRO, Camiling
Tarlac City, Tarlac
Zambales
PENRO, Zambales
CENRO, Cabangan
DENR, Iba, Zambales

Cabangan, Zambales
(045) 455-0236
(045) 961-1853
(045) 982-8486
(045)982-6377
(045)934-1502
(047) 821-1294
0917-427-2582
423
CENRO, Olongapo City
Upper Kalaklan, Olongapo City
(047) 224-2669
National Capital Region (NCR)

Address
1515 L&S Bldg., Roxas Blvd.,
434-2240 to 69
Manila
5th flr. Hizon Bldg. Quezon
781-0481/781-04-97
Avenue
RTD forto
Land
Management
Service
522-47-68 to 69
B. Failure
Comply
with Report
Requirements
Manila
DENR - NCR Plant Nursery, North
435-88-78/435-88-75 to 80
Service
Avenue, Quezon City
435-88-78/435-88-75 to 80
Development Service
Manila
DENR - NCR Plant Nursery, North
435-25-09
Avenue, Quezon City
denrncr@hotmail.com

Region 4A - CALABARZON
Address
DENRCRIS Business Center,
National Highway Brgy. Halang,
Calamba City, Laguna
Brgy. Halang, Calamba City,
Laguna
Laguna
Service
Laguna
Laguna
Development Service
Laguna
424

(049)576-69-41 / 5027997
Telefax 049-50275-00
049-50275-00
049-50275-00
049-50275-00
049-50275-00
049-50275-00
Laguna

Batangas
PENRO, Batangas
Alangilan, Batangas City
CENRO, Batangas City
Batangas City
CENRO, Calaca
Calaca, Batangas
(043) 723-43-99
723-4084
(243)-223-7027

Cavite
PENRO, Cavite
TreceMartirez City, Cavite
CENRO, TreceMartires City
TreceMartires, Cavite
(046) 419-24-74
(046)419-11-01
Laguna
PENRO, Laguna
CENRO, Los Baos
Los Baos, Laguna

Los Baos, Laguna
(049) 249-54-75/248-51-10
(049) 249-54-75
Quezon
PENRO, Quezon
Lucena City, Quezon
CENRO, Calauag
Calauag, Quezon
CENRO, Catanauan
Catanauan, Quezon
CENRO, Gumaca
Gumaca, Quezon
CENRO, Pagbilao
Pagbilao, Quezon
CENRO, Real
Real, Quezon

Rizal
PENRO, Rizal
Pasig, Rizal
CENRO, Antipolo
Ninoy Aquino Blvd., Barangay
Dela Paz, Antipolo City
Region 4B - MIMAROPA
Address
Manila
425
(042) 373-5524/710-3133
(042) 301-70-84
(042) 447-1492
(042)710-28-15
(042)331-11-76/(042)536-62-93
631-41-30/631-85-75
1870; 630-68-17/6972116

405-0046/4050155

Manila
Metro Manila
Service
Manila
Manila
RTD forto
Ecosystems
Research
B. Failure
Comply with
Reportand
Requirements
Development Service
Manila
Wildlife & Coastal Zone
Manila
Management Service
Marinduque
PENRO, Marinduque
Boac, Marinduque
C. Illegal
Fishing
CENRO,
Boac Activities and Dealing in Illegally-Caught Fish or Fishery Products
1. Capture
of breeders,
Occidental
Mindoro spawners, eggs or fry
PENRO, Occidental Mindoro
CENRO, Mamburao
CENRO, Sablayan
CENRO, San Jose
Mamburao, Occidental Mindoro

Mamburao, Occidental Mindoro
Sablayan, Occidental Mindoro
San Jose, Occidental Mindoro
Oriental Mindoro
2. Construction
PENRO, Oriental Mindoro
Calapan, Oriental Mindoro
CENRO, Calapan
Calapan, Oriental Mindoro
CENRO, Roxas
Roxas, Oriental Mindoro
CENRO, Socorro
Soccoro, Oriental Mindoro
Palawan
PENRO, Palawan
CENRO, Brooke`s Point
Puerto Princesa City

Brooke`s Point, Palawan
521-20-64
521-20-64
405-00-47
405-00-46
405-00-45
405-00-45
(042) 332-1990 /(042)311-14-37
(043) 711-5207
(043)711-1694
(043)491-16-83
(043) 288-3006 telefax / 288-3017
(043) 288-1550
(048) 433-5638 / 433-5639

0918-9403601
426
CENRO, Coron
Coron, Palawan
(048) 433-7359
CENRO, Narra
Narra, Palawan
3. Failure
to Comply
with StandardsCFI Compound, Puerto Princesa
CENRO,
Puerto
Princesa
(048)434-45-08
City
CENRO, Quezon
Quezon, Palawan
CENRO, Roxas
Roxas, Palawan
(048)550-91-18
CENRO, Taytay
Taytay, Palawan
Region 5 - Bicol Region
Address
Regional Center Cite, Rizal St.,
(052) 482-0691/4820697
Rawis, Legazpi City
Fax No. 052-963-46-48
DENR-MGS, Legaspi
(52) 4834958/8242014
Regional Director forEnvironment
Regional Center Site, Rawis
(052) 8205065 (052) 4820197
Legazpi City
Management Service Regional
(052) 482-0693
Service
Center Site, Rawis, Legazpi City
09216986567
DENR V-LMS, Sagpon, Legaspi
(052) 481-1542
City
Fax No. 09153163235
DENR V-ERDS, Kalikasan Park,
(052) 481-5269
Development Service
Legaspi City
0927-932-71-02
Albay
PENRO, Albay
Lapu-Lapu St., Legazpi City
(052) 480-7295
Fax No. 214-3917
(052)4807396
CENRO, Legazpi City
Lapu - Lapu St., Legazpi City
CENRO, Guinobatan
BUCAF Compound, Guinobatan,

Albay
(0919-2717726)
Dagondan, Daet, Camarines Norte
(054) 721-18-28
Camarines Norte
PENRO, Camarines Norte
427
CENRO, Daet
Basud, Camarines Norte
(054) 721-1696
0916-4414641
Camarines Sur
PENRO, Camarines Sur
Panganiban Drive, Camarines Sur
CENRO, Iriga City

San Nicolas, Iriga City
CENRO, Naga City
Panganiban Avenue, Naga City
CENRO, Sipocot
Sipocot, Camarines Sur
CENRO, Goa
Goa, Camarines Sur
Catanduanes
PENRO, Catanduanes
San Isidro Village

CENRO, Virac
Virac, Catanduanes
Masbate
PENRO, Masbate
Masbate, Masbate
CENRO, Mobo Masbate
Mobo, Masbate
CENRO, San and

Jacinto
San Jacinto, Masbate
2. Construction
Sorsogon
PENRO, Sorsogon
Sorsogon, Sorsogon
CENRO, Sorsogon City
BalogoSorsogon City, Sorsogon
428
(054)8113727
Fax No. 4728252
(054) 456-09-01
(054) 811-3729
0919-3140295
(054) 256-6134
0919-6217436
(054) 453-13-83
Fax No. (052) 811-1015
09186139802
Fax No. (052) 811-1015
0919-271-77-26
(056) 333-339
0917-4289648
(056) 211-1992
0916-3333009
(056) 533-61-04
0916-5074758
09165074758
(056) 2111461
Fax No. 4215545
(056) 211-79-61
0918-5580967
Region 6 - Western Visayas

Address
3. FailureExecutive
to Comply
with StandardsPepita Aquino Avenue, Iloilo City
Regional
Director
(033) 335-00-02/336-26-54
Pepita Aquino Avenue, Iloilo City
(033) 336-99-10
2nd J.M. Bldg., 11 Mabini St., Iloilo
(033) 336-2556/ Fax No. 336-2815
City
mgb6denr@skyinet.net
Parola, Iloilo City
(033) 335-0435 / 337-8582
Service
Masonic Temple, Plaza Libertad,
(033) 337-6284 d e n r n c r @ h o t m a i l . c o m
Iloilo City
(033) 337-2460
Development Service
(033) 337-8900
0917-3533023/0918-921-59-05
Management Service
Aklan
PENRO, Aklan
CENRO, Kalibo
CENRO, Malay
F. Quimpo St., Kalibo, Aklan

Oyo Torong St., Kalibo, Aklan
Boracay, Malay, Aklan
Antique
PENRO, Antique
Binirayan Hills, San Jose, Antique
CENRO, Culasi
Cadiao St., Culasi, Antique

CENRO, San Jose
Binirayan Hills, San Jose, Antique
Capiz
PENRO, Capiz
Primier de Mayo St., Roxas City
CENRO, Roxas City - SIGMA
Primier de Mayo St., Roxas City
429
(036) 268-4160/268-4102
(036) 268-3849 / 268-4160
(036) 268-4160/268-4102
(036) 268-4160 | SO-2007-59
(036) 288-6000
288-8125
288-8439
(036) 2683849
268-4160 | SO-2007-59
(036) 621-0015/621-2685
09196215524
(036) 647-0399
Guimaras
PENRO, Guimaras
Iloilo City
PENRO, Iloilo City
CapitolCompound, San Miguel,

Jordan, Guimaras
Parola, Iloilo City
CENRO,
Barangay Tabucon, Barotac
B. Failure
toBarotac
ComplyNuevo
Nuevo
CENRO, Iloilo City
Queen City Garden Mall, J. De
Leon St. Iloilo City
CENRO, Sara
CASTOR ST. , Sara, Iloilo
Negros Occidental
PENRO, Negros Occidental
Bacolod City
CENRO, Bacolod City
Cascuela Bldg., Gatuslao St.,
1. Capture of breeders, spawners, eggs Bacolod
or fry City
CENRO, Cadiz City
Lim Eng C. OngBldg, Gustilo St.,
Cadiz City
OIC - CENRO, Kabankalan City
ZaycoSubd., Kabankalan City,
Negros Occ.
CENRO, Sipalay
A. Alvarez St., Silay City
0919-839-9774
(033) 336-9542
338-0690
(033) 361-2422 / 361-2778
0919-8519685
(033) 337-4746 / 337-3292
(033) 392-0002
(034)26212/(034)20884
09106476638
(034) 709-5689 / 708-5637
(034)493-0088
0918-9275940
(034) 746-7722 / 471-2750
0919-4653486
Region 7 - Central Visayas
Address
GreenplainsSubd., Banilad,
(032) 346-9612/346-06-61
Mandaue City
Fax No. 346-22-25 r e d d e n r 7 @ c v i s . n e t
346-16-47/346-94-26
Mandaue City
Greenplains Subdivision, Banilad,
032-346-2273
Mandaue City
430

Service
Mandaue City
3. Failure
to Comply
with Service
StandardsGreenplainsSubd., Banilad,
RTD
for Land
Management
Mandaue City
Development Service
Mandaue City
RTD
for Protected
Areas and or fisheryGreenplainsSubd.,
Banilad,
4. Fishing
in overexploited
management areas
Mandaue City
Management Service
(032) 346-1002
0917-3248569; r t d f m s d e n r 7 @ y a h o o . c o m
346-2209
09189221770
rtdlmsdenr7@yahoo.com
346-2103 (032) 346-2209
0917-3248040
(032) 346-2209
0917-3248040
rtdpawsdenr7@yahoo.com
Bohol
PENRO, Bohol
New Capitol Heights, Tagbilaran

(038) 411-2278
City
CENRO, Tagbilaran City
New Capitol Heights, Tagbilaran
(038) 4112357
City permits or not complying with documentary requirements
CENRO, Talibon
Talibon, Bohol
(038) 515-0086
Cebu
PENRO, Cebu
1/F GohaucoBldg, MC Briones St.,

Cebu City
CENRO,
Argao
Lamasan,
Argao,fishers
Cebu in municipal waters
6. Intrusion
of licensed and unlicensed
commercial
CENRO, Carmen
Carmen, Cebu
CENRO, Cebu City
V. Sotto St., Cebu City 6000
7. Marketing
and
fish
& fishery species
CENRO,
Toledo
City
Toledo
City
Negros Oriental
PENRO, Negors Oriental
CENRO, Ayungon
CENRO, Dumaguete City
Larena Drive, Dumaguete City

Tiguib, Ayungon, Negros Oriental
Capitol Site, Dumaguete City
Siquijor
431
032-4166227 | SO-2007-796
(032) 367-7451 / 367-7193
429-9341/429-9392
(032) 416-6926
416-6212
467-9186
035) 225-3769
(035) 225-0660
PENRO, Siquijor
Port Area, Larena, Siquijor
Region 8 - Eastern Visayas

Address
Sto. Nio Ext.Tacloban City
Rregional Director for Environment

Nipa Hut, Jones Extension,
Tacloban City
Service
RTD for Lands
Development Service
Management Service
BILIRAN
PENRO, Biliran
Naval, Biliran Province
CENRO Albuera
CENRO Baybay

(053) 325
Fax No. 321-3386
(053) 325-72-68
(053) 321-46-96
321-46-95
(053) 321-9071
321-3384
(053) 321-1090
325-6519
(053) 321-1463
325-6340
(053) 325-7268
(053) 500-96-15
EASTERN SAMAR
PENRO Eastern Samar
Borongan, Eastern Samar
CENRO Borongan
Borongan, Eastern
2. Construction
Fish Samar
Pens and Fish Cages
CENRO-Dolores
Dolores, Eastern Samar thru radio
SSB
LEYTE
PENRO Leyte
366-2029
Nipa Hut, Jones Street, Tacloban

City
Baybay, Leyte
432
(055) 261-21-59
(055) 261-20-73
(053) 325-7485
(053) 562 92-86/562-92-86
NORTHERN SAMAR
3. Failure
to Comply
with StandardsUEP Compound, Catarman, N.
PENRO
Northern
Samar
Samar
CENRO, Catarman
Catarman, Northern Samar, thru
radio SSB
CENRO, Pambujan
Pambujan, Northern Samar thru
SSB
4. Fishing in overexploited or fisheryradio
management
areas
SOUTHERN LEYTE
PENRO Southern Leyte
CENRO, Maasin City, Southern
Leyte
CENRO, San Juan
(055) 196-30-57
(055) 381-21-25
(056) 211-1992
0916-3333009
Mobo, Masbate
San Juan, Southern Leyte, thru

radio SSB
WESTERN SAMAR
PENRO Western Samar
Catbalogan, Samar
CENRO, Sta Rita

Brgy. San Juan, Sta Rita, Samar
CENRO, Catbalogan Samar
Catbalogan, Samar
Region 9 Western Mindanao
Address
Pasonanca Park, Zamboanga City
Gov. Camins, Zamboanga City

Forestry
Lantawan, Pasonanca Park,

Zamboanga City
MGSB, Veterans Avenue,
Zamboanga City
433
(053) 356-1424
0919629-6534
(055) 276-11-51
(055) 356-13-41
(062) 992-17-38
Fax No. 991-14-24
(062) 992-6548
992-6547
(062) 991-9012
Fax No. 991-9012
(062) 992-2194
992-2086

Development Service
Management Service
Gen. Vicente Alvares, St.,

Zamboanga City
Zamboanga City
Zamboanga City
ZAMBOANGA
CITY
B. Failure
to Comply
PENRO Zamboanga City
CENRO, Zamboanga City - West
Lantawan, Pasonanca,
Zamboanga City
CENRO, Zamboanga City - East
Sangali, Zamboanga City
ZAMBOANGA DEL NORTE
PENRO Zamboanga del Norte
Sta. Isabel, Dipolog City,
C. Illegal Fishing Activities and Dealing Zamboanga
in Illegally-Caught
del Norte
CENRO, Dapitan City

Talisay, Dapitan City, Zamboanga
1. Capture of breeders, spawners, eggs del
or fry
Norte
CENRO, Liloy
Liloy, Zamboanga del Norte
CENRO, Dipolog City
Sta. Isabel, Dipolog City,
Zamboanga del Norte
CENRO, Siocon
Siocon, Zamboanga del Norte
ZAMBOANGA
DEL
SUR
2. Construction
and
Operation
PENRO Zamboanga Del Sur
Pajares Avenue, Pagadian City
CENRO, Guipos
CENRO, Pagadian City
Guipos, Zamboanga del Sur

Pajares ave., Pagadian City
ZAMBOANGA - SIBUGAY
PENRO, Sibugay
CENRO, Buug
Ipil, Zamboanga - Sibugay

Buug, Zamboanga - Sibugay
434
(062) 991-2149
(062) 991-1076
991-2149
(062) 985 -0445
0920-526-9432
(062) 991-9672
(062) 212-3200
212-5505
(065) 213-6875
Fax No. 212-5505
(065) 212-2767
Fax No. 212-5505
(062)214-1455
Fax No. 215-3019
(062) 215-3019
(062) 214-2483
(062) 333-5479
CENRO, Ipil

Ipil, Zamboanga - Sibugay

Region 10 Northern Mindanao
Address
DENR, R-10, Macabalan, CDO
(062) 333-5479
(088) 726280
Fax No. 72-62-80
(088) 72-62-43
088-72-7874

4. Fishing
in overexploited
management
areas
Regional
Director
for Mines or fisheryGreenplains
Subdivision,
Banilad,
Mandaue City
(088) 856-9140
Service
(088) 865-9050
(088) 856-9152
Development Service
(088) 856-8780
Management Service
Bukidnon
PENRO, Bukidnon
DENR-X-B300 Malaybalay,
Bukidnon
CENRO,
Donof
Carlos
Doncommercial
Carlos, Bukidnon
6. Intrusion
CENRO, Malaybalay
Malaybalay Bukidnon
CENRO, Manolo Fortich
Manolo Fortich, Bukidnon
CENRO, Talakag
Talakag, Bukidnon
CENRO, Pangantucan
Pangantucan, Bukidnon
CAMIGUIN
PENRO, Camiguin
PENRO, Lanao Del Norte
CENRO Iligan City
DENR-XB400 Mambajao,
Camiguin
DENR-X Tubod, Lanao del Norte
Rosary Heights, Iligan City
435
(088) 221-31-01
(088) 813-3306
(088) 387-0040
(063) 341-5201
(063) 221-28-23
MISAMIS OCCIDENTAL
PENRO, Misamis Occidental
CENRO-Oroquieta
CENRO-Ozamis
DENR-X-B200, Oroquieta City

DENR, Oroquieta City
DENR, Ozamis City
MISAMIS ORIENTAL
PENRO, Misamiz Oriental
DENR-X-500 Malasag Heights,

CDO City
B. Failure
toInitao
Comply with Report Requirements
CENRO,
Malasag Heights, Cagayan De Oro
City
CENRO, Gingoog City
Gingoog City
(088) 531-11-86
(088) 531-2003
(088) 521-1252
(088) 856-3895
855-2318
(088) 855-2347
09195109173
(088) 842-7421
09185342664
Region XI Southern Mindanao

Address
Km. 7, Lanang, Davao City
Fax No. (082) 234-08-11
09179437283
Felbets Bldg., Km. 7, Lanang,
(082) 300-5139
1. Capture of breeders, spawners, eggs Davao
or fry City
669 Consuela Bldg., A.
(082) 221-65-35
Quezon,Davao City
(082) 234-7788
Service
Fax No. 234-6606
RTD for Land and
Management
Felbets Bldg., Km.
Lanang,
2. Construction
OperationService
Fish7,Pens
and Fish Cages
Davao City
Development Service
Management Service
DAVAO DEL NORTE
PENRO, Davao Del Norte
Tagum, Davao Del Norte
(082) 221-7064
225-3679
(082) 234-1867
(082) 234-4401
(084) 217-3635
436
CENRO, Panabo
Panabo, Davao del Norte
CENRO, Tagum City
Tagum City, Davao del Norte
(084) 628-4513
(084) 400-10-20
DAVAO DEL SUR

PENRO, Davao Del Sur
Digos, Davao del Sur
CENRO, Davao City (West)
Bangkal, Davao City
CENRO, Davao City (East)
Chavez, Davao City
4. Fishing
in overexploited or fisheryDigos,
management
CENRO,
Digos
Davao delareas
Sur
CENRO, Malalag
Malalag, Davao del Sur
CENRO, Don Marcelino
Don Marcelino, Davao del Sur
(082) 553-2009
(082) 297-2080
(082) 227-8143
(082) 553-3701
(082) 297-01-06
DAVAO ORIENTAL
PENRO, Davao Oriental
CENRO Baganga
Mati, Davao Oriental

(087) 388-3275
CENRO XI-2B Baganga, Davao
Oriental
CENRO, Lupon
CENRO XI-2D Lupon, Davao
(087) 808-01-32
Oriental
CENRO, Mati
CENRO XI-2A Mati, Davao
(087) 388 - 3569
Oriental
CENRO, Manay
CENRO XI-2C Manay, Davao
Oriental
COMPOSTELA VALLEY
PENRO, Compostela Valley
Nabunturan, Comval Province
(084) 3761181
CENRO,
Macoand buying illegally-caught
Maco,fish
Compostela
(084) 370-2181
7. Marketing
& fisheryValley
species
CENRO, Monkayo
Maco, Compostela Valley
CENRO, Nabunturan
Nabunturan, Compostela Valley
Region XII - Koronadal South Cotabato

2flr. Arcada de Infante Bldg., Gen.
Santos
Drive, Koronadal, South Cotabato
4th Flr. Siyambio Bldg., Roxas
437
(083)228-62-25
Fax No. 228-62-26
(083) 228-48-47
Street
Koronadal, South Cotabato
L2flr. Arcada de Infante Bldg.,
Forestry
Gen. Santos
Luche Building, Gen. Santos Drive
Koronadal, South Cotabato
Gen. Vicente Alvares, St.,
Zamboanga City
2flr. Arcada de Infante Bldg., Gen.
Development Service
Santos
(083) 228-61-30
(062) 991-2149
RTD for Protected Areas and Wildlife & Coastal Zone
Management Service
NORTH COTABATO
PENRO, Kidapawan
Quirino Drive, Kidapawan City
CENRO, Kidapawan
Quirino Drive, Kidapawan City
C. Illegal
Fishing
Activities and Dealing Remoquillo
in Illegally-Caught
Fish or
Fishery Products
CENRO,
Midsyap
Bldg., Burgos
Street
Midsayap, Cotabato
SARANGGANI
PENRO, Saranggani
Alabel, Sarangani Province
CENRO, Glan
Glan, Sarangani Province
CENRO, Kiamba
Kiamba, Sarangani Province
SOUTH COTABATO
2. Construction
PENRO, South Cotabato
Aurora St., Koronadal, South
Cotobato
CENRO, General Santos City
Buayan, General Santos
CENRO, Surallah (Banga)
Surallah, South Cotabato
SULTAN KUDARAT
PENRO, Sultan Kudarat
CENRO, Kalamansig
Isulan, Sultan Kudarat

Kalamansig, Sultan Kudarat
438
(064) 201-3232
(064) 288-13-67
(064) 229-86-58
(083) 508-20-09
(082) 227-5891
(083) 228-35-02
(083) 555-07-93
(083) 238-37-37
(064) 288-14-12
CENRO, Tacurong City
Bo. 2, Tacurong City, Sultan

Kudarat

COTABATO CITY
CENRO, Cotabato City
Krislamville, Cotabato City
(064) 200-45-94
(064) 421-75-79
Region XIII - Caraga Region

4. Fishing
in overexploited
areas
Regional
Office/Position
Address
DENR Reg. XIII, Ambago, Butuan
(085) 341-1996
City
City
City
(085) 342-7856
Service
City permits or not complying with documentary requirements
Telefax (085) 342-7103 telefax
City
Development Service
City
RTD
for Protected
Areas and
DENR
Reg. XIII, Ambago,
6. Intrusion
of licensed
and unlicensed
commercial
fishers inButuan
municipal waters
City
Management Service
7. Marketing
buying illegally-caught fish & fishery species
AGUSAN
DELand
NORTE
PENRO, Agusan Del Norte
J&M Bldg., F.Durano St., Butuan
City
CENRO, Butuan City / Naspit
Bading, Butuan City
CENRO, Cabadbaran
Cabadbaran, Agusan Del Norte
AGUSAN DEL SUR
PENRO, Agusan Del Sur
Patin-ay, Prosperidad, Agusan del

Norte
439
Telefax (085) 341-8583

(085) 341-5641
(085) 226-4367
(085) 342-5354
(085) 343-1728
(085) 343-7250
Bayugan, Agusan Del Sur

Bunawan, Agusan Del Sur
Loreto, Agusan Del Sur
San Francisco, Agusan Del Sur
Talacogon, Agusan Del Sur
(085) 231-2610
(085) 839-22-22
0918-720-1238
(085) 839-11-96
0919-811-1670
DINAGAT ISLAND
PENRO, Dinagat Island
SURIGAO DEL NORTE
PENRO, Surigao Del Norte
DENR, Brgy. San Juan, Surigao
City
CENRO, Dapa
Dapa, Surigao Del Norte
CENRO, Surigao City
San Juan, Surigao City, Surigao
Del Norte
(086) 231-76-32

SURIGAO DEL SUR
PENRO, Surigao Del Sur
Tandag, Surigao del sur
CENRO, Cantilan
Cantilan, Surigao del Sur
CENRO, Bislig
Bislig, Surigao del Sur
CENRO, Lianga
Lianga, Surigao del Sur
CENRO, Tandag
Tandag, Surigao del Sur
(086) 211-30-35
(086) 853-30-88
0919-640-3702
CENRO, Bayugan
CENRO, Bunawan
CENRO, Loreto
CENRO, San Francisco
CENRO, Talacogon
0920-803-8314
(086) 826-1308
0919-309-0094
B. Bureau of Fisheries and Aquatic Resources Regional Offices

Regional Fisheries Office No. I
Regional Fisheries Office No. II
Regional Fisheries Office No. III
Address
Union Galva Steel Compound
Poro, San Fernando City, La Union
Government Center, Carig
3500 Tuguegarao City, Cagayan
Diosdado Macapagal Regional
Government Center,
Brgy. Maimpis 2000 City of San Fernando,
440

(72) 700-4365
http://region1.bfar.da.gov.ph
(78)844-5331
(045)455-0824
Pampanga
2/F Infrastructure Computer Center
(ICC) Bldg., NIA Complex, EDSA
1104 Diliman, Quezon City
Regional Fisheries Office No. IV-B
2nd and 3rd Flr. Concepcion Bldg. II
(MIMAROPA)
J.P. Rizal St. San Vicente, Calapan City,
Oriental Mindoro
Regional
Fisheries
Office No. or
V fishery management
San Agustin,
Pili
4. Fishing
in overexploited
areas
4418 Camarines Sur
Regional Fisheries Office VI
M.H. del Pilar St., Molo
5000 Iloilo City
Regional Fisheries Office No. VII
Arellano Boulevard, Pier Area
6000 Cebu City
Regional Fisheries Office No. IV-A
(CALABARZON)
(2)926-8714
http://region4a.bfar.da.gov.ph
(043) 288-1392
http://region4b.bfar.da.gov.ph
(54) 477-7365
(33)337-0265
(32)256-2772
Fax No.(32)256-2773
Regional Fisheries Office No. VIII
CRM Center
(53) 321-1732
Brgy. Diit
6500 Tacloban City
Philippines
Regional Fisheries Office No. IX
R.T. Lim Blvd.
(62) 991-8192
7000 Zamboanga City
Regional Fisheries Office No. X
Julio Pacana St., Macabalan
(88) 856-9593
9000 Cagayan
de Oro
City
fishers
in municipal
waters
Regional Fisheries Office No. XI
Ramon Magasaysay St.
(82)227-1532
8000 Davao City
Regional Fisheries Office No. XII
Vensu Bldg., National Highway
(83)552-9331
fishery Santos
speciesCity
9500&General
Regional Fisheries Office No. XIII-Caraga SC Building Montilla Boulevard,
(085)341-1379
Butuan City
Autonomous Region of Muslim Mindanao
(ARMM)
DAF-ARMM ORG Complex, Cotabato City

9600 Cotabato City
(64)421-1248
http://bfar.armm.gov.ph
Cordillera Administrative Region (CAR)
BPI Compound, Easter Road

Guisad, 2600 Baguio City
(74)443-6716
http://car.bfar.da.gov.ph
441
C. Philippine Coastguard
Address
Coast Guard District North Eastern
Brgy. 9, Minanga, Aparri, Cagayan
Luzon (CGDNELZN)
Coast Guard District Northern
Poro Point, San Fernando City, La Union
Western Luzon (CGDNWLZN)
Coast Guard District National Capital
Muelle Dela Industria, Farola Compound
B. Failure
Comply
with (CGDNCRReport Requirements
Region to
- Central
Luzon
Binondo, Manila
CL)
Coast Guard District Eastern Visayas
Ebony St., Port Area, Ormoc City
(CGDEV)
Coast Guard District Western Visayas
Bo. Obrero, Iloilo City
(CGDWV)
Coast Guard District Southern
Sta. Clara, Batangas City
Tagalog (CGDSTL)
Coast Guard District Central Visayas
Arellano Boulevard,Cebu City
(CGDCV)
1. Capture
of breeders,
spawners, eggs orCorrales
fry
Coast Guard
District Northern
Extn Macabalan, Cagayan De
Mindanao (CGDNM)
Oro
Coast Guard District South Eastern
KM -10 Sasa Wharf, Davao City
Mindanao (CGDSEM)
Coast Guard District South Western
Port Area, Zamboanga City
Mindanao (CGDSWM
Coast Guard District
BicoL (CGDBCL)
Naval Base Rawis,
Legaspi
2. Construction
and Operation
Fish Pens
and City
Fish Cages
Coast Guard District Palawan
(CGDPAL)
Barangay Liwanag, Port Area Puerto

Princesa City, Palawan
442

(078) 888-0320
cgdnortheasternluzon@ymail.com
(072) 700-4474
cgdnorthernluzon@yahoo.com
(02) 243-0465
cgdncrcl@yahoo.com
(053) 416-6208
cgsormoc@yahoo.com
(033) 337-6029
cgdwv_iloilo@yahoo.com
(043) 300-2949
hcgdstl_opn@yahoo.com
(032) 416-6208
viscom_opns@yahoo.com
0916-6544236
(082) 235-0002
cgdsem_8@yahoo.com.ph
(032) 993-1004
hcgdswm@yahoo.com
(052) 820-6346
cgdbicol@yahoo.com
(043) 433-2974
cgdpal@yahoo.com.ph
D. Philippine National Police
3. Failure
to Comply
with Standards
Regional
Office/Position
Address
Camp Brigadier General Salipada K
(064) 425-0079
Pendatun, Parang, Maguindanao
proarmm@gmail.com
Philippines
CAR
Camp Juan Villamor, Abra PPO Provincial
(074) 422 - 5515
areas
Headquarters
www.procor.pnp.gov.ph
Calaba, Bangued, Abra
REGION I
Camp Brigadier General Oscar M Floredo
(072) 700-0518
Parian, San Fernando, La Union
www.pro1.pnp.gov.ph
REGION II
Camp Marcelo A Adduru, Tuguegarao
(078) 844-6644
City, Cagayan
ropd_pro2@yahoo.com
REGION III
Camp Tomas J Pepito, Brgy. Sto.
888-6731
Domingo, Angeles City
REGION IV-A
Camp Vicente Lim, Calamba City, Laguna
(49)531-2290
pro4a@pnp.gov
REGION IV-B
Camp Efigenio C. Navarro, Calapan City,
(043) 288-1405
Oriental Mindoro
REGION V
Camp Ola, Legapi City
820-6440
REGION VI
Camp Martin Teofilo B. Delgado, Fort San
337-8182
Pedro Iloilo fishers
City
patriot3ropd6@yahoo.com
in municipal waters
REGION VII
Camp Cabahug, Gorordo Ave, Cebu City
231-5802
pro7@pnp.gov.com /
pro7_ropd@yahoo.com
7. Marketing
& fishery
species
REGION
VIII and buying illegally-caught fish
Larazabal,
Naval,
Biliran
(53) 500-9399
ARMM
REGION IX
REGION X
REGION XI
REGION XII
REGION XIII
Camp Hamac, Brgy Sicayab, Dipolog City

Camp Onahon, Brgy 7 Malaybalay City
Poblcaion Nabunturan, Compostela Valley
PC Hills, Cotabato City
Camp Rodrguez, Libertad, Butuan City
443
(65) 212-2155
(88) 813-4263
(84) 376-0566
(64) 221-4999
(85) 815-6027
E. Philippine Navy
Navy Personnel Management Center
(NPMC)
Address
Procurement and Attrition Branch
Bonifacio Naval Station
Fort Bonifacio, Taguig City
Marines Recruitment Center
Marine Barracks Fort Bonifacio,
Bonifacio Naval Station, Taguig City
B. Naval
Failure
to Comply
Public
Affairs Office
Headquarters Philippine Navy,
Naval Station Jose Andrada,
#2335 Roxas Boulevard, Manila
Naval Station Jose Francisco
(formerly Bonifacio Naval Station)
Fort Bonifacio, Taguig City
headquarters Philippine Navy
Naval Station Jose V Andrada
#2335 Roxas Boulevard, Manila
Naval Reserve CENTER Southern
Naval Station Legaspi
Luzon
Rawis, Legaspi City
Naval Forces Northern Luzon
Naval Detachment Bonuan
fry
Bonuan
Gueset, Dagupan City
Naval Reserve CENTER Western
John B Lacson Foundation Maritime
Visayas
University
Arevalo, Iloilo City
Naval Reserve Center Eastern
Arevalo Boulevard
Visayas
Tinagu, Cebu City
Naval Reserveand
Center
West of Fish Corrals/Traps,
Camp Tiniguiban
2. Construction
Operation
Puerto Princesa City
Naval Reserve Center Western
Naval Station Zamboanga
Mindanao
Bagong Calarian, Zamboanga City
Naval Reserve Center Eastern
Naval Forces Eastern Mindanao
Mindanao
Panacan, Davao City
444

774-7084
procurement_attrition_br@yahoo.com
522-7111
Pmc_recruiting@yahoo.com
Fax No. 524-57-85
navy_speak@yahoo.com
815-34-20/843-44-16
524-20-61 to 69
09194312145
Nfsl_pao@yahoo.com
09052538493
09196125102
09064444359
09178816729
09208564947
09082661966
Index
3. Failure
to Comply
with Standards
Benthic
marine
life
Collection of endangered and protected benthic marine life, 32, 213, 272
Breeders
Capture of, 24, 60, 259
Chemicals (prohibited)
Transport,
dumping or
of prohibited chemicals,
30, 171, 284
4. Fishing
in overexploited
ordischarge
fishery management
areas
Clean Up
Failure to clean up pollution, 31,190,191
Commercial fishers
Intrusion of licensed and unlicensed commercial fishers in municipal waters, 25, 82, 262
Corals
Collection of endangered and protected corals, 32, 213, 215, 226, 269, 272
Cyanide
5. Fishing
license
or necessary
permits
Usewithout
of cyanide
in fishing,
26, 89, 264,
277 or not complying with documentary requirements
Deforestation, 26, 29, 100, 160, 269
Destructive fishing
Use of other forms of destructive fishing, 26, 89, 264
Discharge
Discharge of prohibited chemicals, substances or pollutants, 30, 171, 284
Illegal discharge of mine tailings, 31, 193, 271, 279
Dolphins
Capturing and/or injuring endangered and protected marine species, including dolphins, 32, 221, 224
Dugongs
Capturing
and/or injuring
endangered
and
protected
marine species including dugongs, 44, 221, 273
7. Marketing
and buying
illegally-caught
fish
& fishery
species
Dumping
Dumping of prohibited chemicals, substances or pollutants, 29, 30, 31, 47, 149, 164, 170, 171, 183, 187, 198, 270, 284
Dynamite
Use of dynamite in fishing, 26, 89, 263, 264, 277
Endangered and protected marine species
Capturing endangered and protected marine species, 32, 221, 272
Injuring endangered and protected marine species, 32, 221, 272
445
Eggs (of fish)

Capture of, 24, 60, 61, 259, 280
Fine mesh net
Use of fine mesh nets in fishing, 26, 89, 91, 264, 278
Fish
Buying illegally-caught fish, 25, 83, 263
Marketing of illegally-caught fish, 25, 32, 83, 263
Fishing
Fishing without license or necessary permits or not complying with documentary requirements, 25, 77, 262
B. Failure toFishing
Comply
in overexploited
or fishery management areas, 25, 73, 261
Fish cages
Construction and operation of fish cages, 24, 65, 260, 281
Fish corrals
Construction and operation of fish corrals, 24, 65, 260, 281
Fish pens
Construction and operation of fish pens, 24, 65, 260, 281
traps
C. Fish
Illegal
Construction and operation of fish traps, 24, 65, 260, 281
Fishery species
Buying illegally-caught fishery species, 25, 83, 263
Marketing of illegally-caught fishery species, 25, 83, 263
Fishery Management Areas
Fishing in .fishery management areas, 25, 73, 91, 261, 278
Fishing standards
Failure to comply with minimum government standards in fishing, 25, 70, 260, 280
Areas
2. Foreshore
Construction
Obstruction to foreshore areas, 23, 33, 257
Construction of seawalls, jetties, reclamation areas, housing, ports, harbors or any structure in foreshore areas without DENR
approval, 23, 41, 258
Fry
Capture of, 24, 60, 61, 259, 280
Giant clams
Collection of endangered and protected giant clams, 32, 213, 272
Inspection
Obstruction to regulatory inspections, 29, 155, 456
446
Kaingin, 29, 162, 290

Mangroves
3. Failure
to Comply
withtoStandards
Illegal
conversion
fishponds and for other purposes, 23, 26, 41, 96, 279
Illegal cutting for any purpose, 23, 26, 41, 96, 279
Manta Rays
Capturing and/or injuring endangered and protected marine species, including manta rays, 25, 32, 84, 221, 222, 273, 279
Mine tailings
Illegal
discharge of mine
tailings,management
31, 193, 271 areas
4. Fishing
in overexploited
or fishery
Mining
Offshore mining, 27, 123, 266
Onshore mining, 28, 130, 266
Upland mining, 27, 111, 265
Municipal waters
Intrusion of licensed and unlicensed commercial fishers in municipal waters, 25, 82, 262
Overexploited
Fishing
in overexploited
areas, 25,permits
73, 261 or not complying with documentary requirements
5. Fishing
without
Pollution
Failure to clean up pollution, 31, 190, 285
Pollutants
Transport, dumping or discharge of pollutants, 30, 164, 174, 179
Pollution Adjudication Board
Disregard of Pollution Adjudication Board orders, 29, 30, 31, 157, 181, 192, 203, 204, 270, 284, 285
6. Intrusion
Protected
Areas
Violations in coastal and marine protected areas, 29, 30, 31, 157, 181, 192, 271, 286
Quarrying, 27, 28, 31, 111, 139, 265, 267
Report requirements
Failure to comply with report requirements, 24, 58, 258
Sea turtles
Capturing and/or injuring endangered and protected marine species, including sea turtles, 32, 221, 271, 273
Substances (prohibited)
Transport, dumping or discharge of (prohibited) substances, 30, 171, 284
Spawners
Capture of, 24, 60, 259, 280
Trading
Trading wildlife in coastal and marine areas, 25, 86, 283
447
Transport
Transport of prohibited chemicals, substances or pollutants, 30, 171, 284
Triton shells
Collection of endangered and protected triton shells, 32, 213, 272
Whales
Capturing and/or injuring endangered and protected marine species, including whales, 32, 221, 224, 279
Whale sharks
Capturing and/or injuring endangered and protected marine species, including whale sharks, 32, 221, 222, 279
Wildlife
Trading wildlife in coastal and marine areas, 25, 86, 283

448
Endnotes
1. Environmental Management Bureau, Managing our Solid Waste: An Overview of the Ecological Solid Waste Management Act,
http://emb.gov.ph/eeid/ESWM.htm.
2. PD 1586, Section 2.
5. RA 7942, Section 2.
7. Id., Section 3.
9 .Environmental Management Bureau, What You Should Know About the Clean Water Act, http://emb.gov.ph/eeid/cwa-english.htm.
10.
8550, Section
2.
6. RA
Intrusion
of licensed
11. Id., Section 3.
12.
705 as amended.
7. PD
Marketing
13. RA 7076, Section 2.
14. RA 6969, Section 2.
15. PD 1067, Article 2 (c).
16. RA 9147, Section 2 (a) & (b).
449
17. Id., Section 3.

18. Id., Section 4.
19. Lifted from the Primer on Criminal Procedure for Environmental Cases, a publication of Tanggol Kalikasan, written by Attys. Ma. Ronely D.
Bisquera-Sheen and Marina Rabe-Manuel and technically reviewed by Atty. Asis G. Perez, Director, Bureau of Fisheries and Aquatic
Resources.
Ibid 1,to
Part
IV, Rule
9, Sections
& 2.
B.20.
Failure
Comply
with
Report 1
Requirements
21. Rule of Procedure for Environmental Cases, Part IV, Rule 9, Section 1.
22. Blacks Law Dictionary enumerates the persons included in the term peace officer. It includes sheriffs and their deputies, constables,
marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace. In general, any
person who has been given general authority to make arrests.
23. Rules of Procedure for Environmental Cases, Part IV, Rule 9, Section 2.

24. Rules of Procedure for Environmental Cases, Part V, Rule 21, Section 1.

25. Ibid, Part II, Rule 2, Section 10.
26. Ibid., Part IV, Rule 9, Section 3.

27. Ibid., Rule 11, Section 1(b).
Ibid., Rule 12,
Section
1.
2. 28.
Construction
and
Operation
29. Ibid., Rule 12 Section 2.
30. Ibid., Rule 14, Section 1.
31. For purposes of comparison, below are conditions of bail under the Rules of Criminal Procedure, Rule 114, and Section 2. This contains the
rule on trial in absentia.
450
All kinds of bail are subject to the following conditions:

(a)
The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case
until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or
appealed to it;
(b) The accused shall appear before the proper court whenever required by the court or these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver
of his right
to be present
thereat. Inareas
such case, the trial may proceed in absentia; and
or fishery
management
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.
32. The Rules of Procedure for Environmental Cases, Rule 14, Section 2.
34. Blacks Law Dictionary, West Publishing, St. Paul, Minn, 1979.
35. Rules of Procedure for Environmental Cases, Rule 16, Section 1.


40.7.Ibid.,
Rule 1, and
Section
3(g). illegally-caught fish & fishery species
Marketing
buying
41. Ibid., Part V, Rule 21, Section 1.
42. Rules of Criminal Procedure, Rule 115, Section 1.
43. Constitution of the Republic of the Philippines, Article III, Section 1.
44. Constitution of the Republic of the Philippines, Article III, Section. 2.
451
45. Constitution of the Republic of the Philippines, Article III, Section 11.
46. Republic Act 7438 is another law which defines the rights of the accused under custodial investigation. Its Section 2 provides:
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers.
B. Failure to Comply with

Requirements
(a)Report
Any person
arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b)
Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates
any person for the commission of an offense shall inform the latter, in a language known to and understood by
him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before
C. Illegal Fishing Activities and
Dealing
Illegally-Caught
Fish iforthe
Fishery
such
report isinsigned,
or thumbmarked
person Products
arrested or detained does not know how to read and write, it
shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the
investigating
officer
1. Capture of breeders, spawners,
eggs or
fry in the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in
writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver,
and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or
2. Construction and Operation
under custodial investigation, shall be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any national non-governmental organization duly
accredited by the Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fianc
or fiance, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
452
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with
an3.offense
heto
is Comply
suspected
to have
committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Failure
with
Standards
47. Constitution of the Republic of the Philippines, Art. III, Section 12.
48. Ibid., Section 13
49. Ibid., Section 14.

Fishing
without
53.5.Ibid.,
Section
16. license or necessary permits or not complying with documentary requirements
54. People vs. Mahinay, GR # 122485, February 1, 1999.
55. People vs. Musa (217 SCRA 597) [1993].
56. People vs. CFI of Rizal, G.R. No. L-41686, November 17,1980, 101 SCRA 86. The Supreme Court said This Court had occasion to
6. Intrusion
of licensed
unlicensed
fishers
municipal
waters
recognize
this power
grantedand
to persons
havingcommercial
police authority
underin
Section
2203 of
the (Customs) Code, who in order to discharge their
official duties more effectivelyxxx may at any time enter, pass through, or search any land or enclosure of any warehouse, store or other building not being a
7. Marketing
and buying
dwelling house.
(Section illegally-caught
2208, italics supplied)
xxx (to) go aboard any vessel or aircraft within the limits of any collection district, and to inspect, search and examine said vessel or
aircraft and any trunk, package, box or envelope on board, and search any person or board the said vessel or aircraft and to this end
to hail and stop such vessel or aircraft if under way, to use all necessary force to compel compliance; and if it shall appear that any
breach or violation of the customs and tariff laws of the Philippines has been committed, whereby or in consequence of which such
vessels or aircrafts, or the article, or any part thereof, on board of or imported by such vessel or aircrafts, is liable to forfeiture to make
seizure of the same or any part thereof.
453
The power of search herein above given shall extend to the removal of any false bottom, partition, bulkhead or other obstruction, so
far as may be necessary to enable the officer to discover whether any dutiable or forfeitable articles may be concealed. (Section
2210)
57. Hizon vs. Court of Appeals, G.R. No. 119619. December 13, 1996.
58. People vs. Figueroa, G.R. No. 134056, 335 SCRA 249, July 6, 2000.
Papa to
v. Mago,
22 with
SCRAReport
857, pp.
871-872.
B.59.
Failure
Comply
Requirements
60. Ibid.
61. People vs. De Gracia, 53 SCAD 103, 233 SCRA 716 [1994].
62. United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.).
Rules of Criminal Procedure, Rule 126, Section 1.
C.63.
Illegal
65. Rule 126, Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. (a) The officer must forthwith
deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (b) Ten (10) days
after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to
whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain
whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. The judge shall see to it
that subsection (a) hereof has been complied with. (c) The return on the search warrant shall be filed and kept by the custodian of the log book
search warrants
shall enter
the date of the return,
the result,
and other
actions of the judge. A violation of this section shall
2. on
Construction
andwho
Operation
of therein
Fish Corrals/Traps,
Fish Pens
and Fish
Cages
constitute contempt of court.
66. Rules of Criminal Procedure, Rule 113, Section 3 .
67. DOJ Department Circular No. 61, September 21,1993, New Rules on Inquest, Section 1.
454
69. Id.
70. Id. Section 3.
71. Penalties:
1. Light offenses include arresto menor ( imprisonment from 1 to 30 days).
2. Correctional penalties include arresto mayor (imprisonment from 1 month and 1 day to 6 months) and prision correccional
(imprisonment
from 6 months
and 1
day to 6 years).
4. Fishing
in overexploited
or fishery
management
areas
3. Afflictive penalties include prision mayor (imprisonment from 6 years and 1 day to 12 years), reclusion temporal (imprisonment from
12 years and 1 day to 20 years), reclusion perpetual (imprisonment from 20 years and 1 day to 40 years)
4. Capital punishment refers to death. This punishment was abolished in 2006.
72. DOJ Department Circular No. 61, September 21,1993, New Rules on Inquest, Section 6.


79.7.Id.
Marketing and buying illegally-caught fish & fishery species
81. Ibid., Rule 112, Section 2 in relation to AM # 05-8-26-SC.
82 . Rules of Criminal Procedure, Rule 112, Section 3 in relation to last paragraph of Rue 112, Section 2.
83. Rules of Criminal Procedure, Rule 112, Section 3 .
455
84. To be admissible, the following requisites must be present, subject to the limitation of RA 4200 or the Anti-Wire Tapping Law and the
Constitution:
B. Failure to
That the tape, wire, or Dictaphone device is capable of taking testimony;

That the person operating the device is competent to operate it;
That the recording is authentic and correct;
That the recording has been duly preserved;
Comply
with Report
That the testimony
wasRequirements
voluntarily made; and
That the speaker has been correctly identified.

456
457
NOTES

458

Manual On Environmental Law Enforcement in Coastal and Marin

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Manual On Environmental Law Enforcement in Coastal and Marin

Uploaded by

Copyright:

Available Formats

Produced by

The Department of Environment and Natural Resources (DENR),

Tanggol Kalikasan, Inc.

Manual on Environmental Law Enforcement in Coastal and Marine Areas

Message by the Secretary of the Department of Environment and Natural Resources

RAMON J.P. PAJE

Message by the Secretary of the Department of Agriculture

List of Laws, Rules and Regulations in the Manual

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

A. Access to Foreshore Areas

A. Access to Foreshore Areas

Chapter 5. Procedural Rules

A. Rules of Criminal Procedure for Environmental Cases

A. Access to Foreshore Areas

Annex 2. Templates of Forms Used in Environmental Law Enforcement

Annex 4. Projects Covered by the Environmental Impact Statement System

Annex 5. Criminal Procedure Flowcharts

1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST

Annex 6. Wildlife Law Enforcement Manual Flowcharts

4.Serving a Warrant of Arrest

Annex 9. List of Hazardous Wastes in DENR Administrative Order 04-36

Directory of Key Officials Regional & Provincial Law Enforcement Agencies

A. DENR Regional & Provincial Offices

Manual Quick Guide

If there is an activity under suspect,

About this Manual

Related Measures and for Other Purposes

Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991

3. Failure to Comply with Standards

This Manual is a result of the teamwork of the following authors:

Coastal Municipality/City/Provincial LGU Representatives

From the DOTC:

List of Laws, Rules and Regulations Used in the Manual

4. Fishing in overexploited or fishery management areas

Fishery Administrative Orders

B. Failure to Comply with Report Requirements

C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products

Laws Applicable to Environmental Law Enforcement

6. Intrusion of licensed and unlicensed commercial fishers in municipal waters

7. Marketing and buying illegally-caught fish & fishery species

Government Agency Mandates, Functions and Roles

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)

3. ENVIRONMENTAL MANAGEMENT BUREAU (EMB)

7. Marketing and buying illegally-caught fish & fishery species

2. FISHERIES INSPECTION AND QUARANTINE SERVICE

Detects and investigates crimes

D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

1. Capture of breeders, spawners, eggs or fry

4. THE LOCAL GOVERNMENT UNITS

e. Sangguniang Bayan/Panlungsod (Municipal/City Council)

h. City Legal Officer (CLO) (Sec. 481, par. c, RA 7160)

Maintains law and order throughout the country

b. Philippine Navy (PN)

1. PHILIPPINE COAST GUARD

3. MARINE INDUSTRY AUTHORITY (MARINA)

Oversees the promotion and development of the maritime industry

4. MANILA INTERNATIONAL AIRPORT AUTHORITY

Environmental Laws Possibly Violated by Illegal and Destructive Activities

3. Failure to Comply with Standards

Overstaying or building structures in easement areas (Sec. 51, PD 1067)

Unauthorized obstruction of river or waterway or occupancy of riverbank (Sec. 91 (B)(3), PD 1067)

Conversion of mangroves (Sec. 94, RA 8550)