Article 130p. 130

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

(a) Any person who violates or fails to comply with the

provisions of this Code, and its implementing rules and

regulations;

(b) The Department or other implementing agencies

with respect to orders, rules and regulations issued

inconsistent with this Act; and

(c) Any public officer who willfully or grossly neglects the

performance of a duty specifically enjoined by this Code

and its implementing rules and regulations; or abuses

authority in the performance of duty; or, in any manner

improperly performs duties under this Code and its

implementing rules and regulations: Provided, however,

That no suit can be filed until after fifteen (15) days

notice has been given the public officer and the alleged

offender and no appropriate action has been taken

thereon.

Section

139.

Strategic

Lawsuit

Against

Public

Participation (SLAPP) in the Enforcement of this Act. – A

legal action filed to harass, vex, exert undue pressure, or

stifle any legal recourse that any person, institution, or

the

government

has

taken

or

may

take

in

the

enforcement of this Code shall be treated as a Strategic

Lawsuit Against Public Participation (SLAPP).

The

hearing

on

the

defense

of

a

SLAPP shall be

summary in nature, the affirmative defense of a SLAPP

shall

be

resolved

within

thirty

(30)

days

after the

summary hearing. If the court dismisses the action, the

court may award damages, attorney’s fees, and costs of

suit under a counterclaim if such has been filed. The

dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence

adduced during the summary hearing shall be treated

as evidence of the parties on the merits of the case. The

action shall proceed in accordance with the Rules of

Court.

The Rules of Procedure for Environmental Cases shall

govern the procedure in civil, criminal, and special civil

actions involving the enforcement or violations of this

Code including actions treated as a SLAPP as provided in

this section.

Section 140. Fisheries National Administrative Register. –

The Adjudication Committee shall enter in a Fisheries

National Administrative Register, which shall be publicly

available, all decisions, resolutions or orders involving

violations of this Code, particularly serious violations

committed by Philippine flagged vessels or by Philippine

nationals and cases on poaching or involving foreigners,

including the penalties imposed.

CHAPTER VIII General Provisions

SECTION

141.

Fisherfolk

Settlement

Areas.

—

The

Department

shall

establish

and

create

fisherfolk

settlement

areas

in

coordination

with

concerned

agencies of the government, where certain areas of the

public domain, specifically near the fishing grounds,

shall be reserved for the settlement of the municipal

fisherfolk. Nothing in this section shall be construed to

vest ownership of any resettlement area to a municipal

fisherfolk for whom said areas may have been reserved

for or had been actually granted to.

SECTION 142. Fisheries Management Fund. – A Fisheries

Management Fund is hereby established to enhance the

budget for: the conservation, preservation, protection,

management,

development

and

regulation

of

the

fishery

and

aquatic

resources;

research

and

development

and capability building of the various

stakeholders

including

provision

for

scholarships;

supplementary livelihood for poverty alleviation; and

improvement

of

productivity

and

processes

of

the

various stakeholders. It shall be administered by the

Bureau of Fisheries and Aquaric Resources as a special

account in any government financial institution.

It

shall

be

funded

from

administrative

fines

and

penalties imposed under this Code, from the proceeds of

the sale of forfeited fish, fishing gears, paraphernalia and

fishing

vessels,

and

contributions

in

the

form

of

endowments, grants and donations to the fund, which

shall be exempted from donor and other taxes, charges

or fees imposed by the government.

The Fund shall be exclusively utilized as follows:

(a) fifteen percent (15%) for the purchase, upgrade and

maintenance

of

vessels,

communication

and

other

equipment

used

for

the

monitoring,

control

and

surveillance

of

Philippine

waters

and distant water

fishing;

(b)

five

percent

(5%)

for the payment of litigation

expenses, cost of conveyance of witnesses and other

costs due to cases filed by or against the Republic of the

Philippines

in

international

courts

arising from the

implementation of this Code or where apprehending

party or parties become respondents or defendants in

any tribunal or court of law;

(c) twenty-five percent (25%) for the operating costs and

capacity

building

of

the

NFARMC,

IFARMCs

and

C/MFARMCs and payment for the cost of rehabilitation,

medical expenses for injury, or indemnity for death of

law

enforcement

officers,

including

deputized

volunteers, distributed as follows: five percent (5%) to the

NFARMC, five percent (5%) to all IFARMCs, five percent

(5%)

to

all

C/MFARMCs,

and

ten

percent

(10%)

to

C/MFARMCs

for

the

apprehension

and

successful

prosecution of a fisheries offense;

(d) five percent (5%) for the continued upgrading of

laboratory facilities and equipment;

(e) five percent (5%) for the research and development

activities of the NFRDI;

(f) five percent (5%) for the capability development of

BFAR personnel, deputized law enforcement agencies

and volunteers, and stakeholders;

(g) ten percent (10%) for scholarship grants for children

of fisherfolks and fishworkers in fish catch, aquaculture,

fishing and fish processing;

(h) fifteen percent (15%) for livelihood programs for

production enhancement and poverty alleviation; and

(i) fifteen percent (15%) for assistance to fishermen in the

form of shared facilities.

SECTION 143. Municipal Fisheries Grant Fund. — For the

development, management and conservation of the

municipal resources, there is hereby created a Fishery

Grant Fund to finance fishery projects of the LGUs

primarily for the upliftment of the municipal fisherfolk.

The

amount

of

One

hundred

million

pesos

(P100,000,000.00) is hereby appropriated out of the

Department’s allocation in the General Appropriations

Act (GAA) to support the Grant Fund.

For this purpose, the Department may seek financial

assistance

from

any

source

and

may

receive

any

donation therefore.

SECTION 144. Fishery Loan and Guarantee Fund. —

Pursuant to Section 7, Article XIII of the Constitution,

there is hereby created a Fishery Loan and Guarantee

Fund with an initial of One hundred million pesos

© 2018 Compiled by RGL

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