Article 129p. 129

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

consultation with the LGUs, local FARMCs and NFARMC,

shall issue fishery administrative orders or regulations

for the conservation, preservation, management and

sustainable

development

of

fisheries

and

aquatic

resources.

Violation

of

administrative

orders

or

regulations

promulgated

by

the

Department

or

any

provision

thereof shall subject the offender to a fine of One

hundred thousand pesos (P100,000.00) to Five million

pesos (P5,000,000.00), depending on the socioeconomic

impact and seriousness of the violation, volume and

value

of

the

fisheries

product,

damage

to

the

environment due to the violation, and the habituality of

the offender.

Section

129.

Escalation

Clause.

–

The

fines

herein

prescribed shall be increased by at least ten percent

(10%) every three (3) years to compensate for inflation

and to maintain the deterrent function of such fines.

CHAPTER VII Administrative Adjudication

Section

130.

Administrative

Adjudication.

–

The

Department

is

hereby

empowered

to

impose

the

administrative fines and penalties provided in this Code.

For this purpose, the Department shall organize and

designate

the

composition

of

the

Adjudication

Committee, which shall be composed of the bureau

director as chairperson and four (4) other members to be

designated

by

the

Secretary.

The

Adjudication

Committee shall be supported by sufficient number of

staff to enable it to perform its mandate.

The Committee shall promulgate rules and regulations

for the conduct of administrative adjudication and the

disposition of confiscated catch, gears, equipment and

other paraphernalia. It shall also issue subpoena duces

tecum and ad testificandum in administrative cases

before it.

Section 131. Commencement of Summary Administrative

Action. – The Department shall, on its own instance or

upon

verified

complaint

by

any

person,

institute

administrative

proceedings against any person who

violates any order, rule or regulation issued by the

Department, pursuant to this Code.

Section 132. Power to Issue Cease and Desist Orders and

to Summarily Evict Without the Necessity of Judicial

Order.

–

The

Department

shall,

subject

to

the

requirements of administrative due process, issue cease

and desist order/s upon violator/s and to summarily eject,

without the necessity of judicial order, the holder of FLA,

other tenurial instrument, permit or license from areas

of the public domain covered by such FLA, tenurial

instrument, permit or license.

Section 133. Authority of the Director of the BFAR or the

Duly

Authorized

Representative

to

Issue

Notice

of

Violation

and

Order

Confiscation.

– In all cases of

violations of this Code or other fishery laws, rules and

regulations,

the

Director

of

the

BFAR

or the duly

authorized representative, may issue notice of violation

and order the confiscation of any fish, fishery species or

aquatic resources illegally caught, taken or gathered,

and all equipment, paraphernalia and gears in favor of

the Department, academic institutions or LGUs and to

dispose of the same in accordance with pertinent laws,

rules, regulations and policies on the matter.

Section 134. Prohibition on the Issuance of Temporary

Restraining

Orders,

Preliminary

Injunctions,

and

Preliminary Mandatory Injunctions. – No injunction or

restraining order from the Municipal Trial Courts and

Regional Trial Courts shall lie against the Department

and BFAR upon the ex parte motion or petition filed by

any person or entity in the exercise by the Department

and BFAR of its regulatory functions in support of the

implementation of this Code.

Section 135. Accompanying Administrative Sanctions for

Serious Violations. – The Adjudication Committee may

impose

the

following

additional

sanctions

to

the

administrative penalties imposed for serious violations:

(1) confiscation of fishing gear;

(2) impoundment of fishing vessel;

(3) temporary suspension or permanent revocation of

license or permit;

(4) temporary or permanent ban from the availment of

applicable duty and tax rebates;

(5) inclusion in the IUU fishing vessel list;

(6) denial of entry and other port services;

(7) blacklisting; and

(8) increase in the amount of fines but not to exceed five

(5) times the value of the catch. In case of repeated

violations within a five-year period, the amount of fine

may be increased up to eight (8) times the value of the

catch.

During

the

pendency

of

the

administrative or the

criminal

case,

the

Department

may

impound

the

vessel/conveyance, gear and other paraphernalia used in

the commission of the offense.

In

applying

these

accompanying

sanctions,

the

Department shall take into account the seriousness of

the violation as defined in Paragraph 82 of Section 4 of

this

Code, the habituality or repetition of violation,

manner of commission of the offense, severity of the

impact

on

the

fishery

resources

and

habitat,

socioeconomic

impact,

cases

of

concealment

or

destruction of evidence, eluding arrest, resisting lawful

orders, and other analogous circumstances.

The

overall

level

of

sanctions

and

accompanying

sanctions

shall

be

calculated

in

a

manner

that is

proportionate, effective and dissuasive to deprive the

offender of the economic benefits derived from the

serious violation.

Section

136.

Lien

Upon

Personal

and

Immovable

Properties of Violators. – Fines and penalties imposed

pursuant to this Code shall constitute a lien upon the

personal and immovable properties of the violator.

Section 137. Community Service. – In case the offender is

a municipal fisherfolk or has no property over which the

Department

may

impose

the

fines

and

penalties

prescribed for the offense, community service may be

rendered in lieu of the fine. The Department shall

promulgate the rules and regulations for this purpose,

taking into account that the service should be rendered

in accordance with needs of the community where the

offense is committed and computed based on the fine

and the prevailing minimum wage in the community,

among others.

Section

138.

Citizen’s

Suits.

–

For

the

purposes

of

enforcing

the

provisions

of

this

Code

and

its

implementing rules and regulations, any citizen may file

an appropriate civil, criminal or administrative action in

the proper courts/bodies against:

© 2018 Compiled by RGL

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