Article 186Act No. 3815, Sec./Art. 186

Monopolies and combinations in restraint of trade.-The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market;

3. Any person who, being an importer of any merchandise or object of commerce from any foreign country or from the United States, shall combine in any manner with other persons for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippine Islands of any article or articles imported or intended to be imported into said Islands, or of any article in the manufacture of which an imported article is used.

If the offense mentioned in this article affects any food substance or other article of prime necessity, the penalty shall be that of prision correccional in its medium and maximum periods, it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippine Islands.

Whenever any of the offenses described above is committed by a corporation or association, the president and each one of the directors or managers of said corporation or association, or its agent or representative in the Philippine Islands, in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offenses, shall be held liable as principals thereof.

SECTION TWO.-Frauds in commerce and industry

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

disqualification from holding any elective or appointive

office.

If the offender is a corporation, partnership or association,

the officers and directors thereof shall be liable.

Section 79. Sale of wood products. No person shall sell or

offer

for

sale

any

log,

lumber,

plywood

or

other

manufactured wood products in the international or

domestic market unless he complies with grading rules

and established or to be established by the Government.

Failure to adhere to the established grading rules and

standards, or any act of falsification of the volume of logs,

lumber, or other forest products shall be a sufficient

cause for the suspension of the export, sawmill, or other

license or permit authorizing the manufacture or sale of

such products for a period of not less than two (2) years.

A duly accredited representative of the Bureau shall

certify to the compliance by the licensees with grading

rules.

Every

dealer in lumber and other building material

covered by this Code shall issue an invoice for each sale of

such material and such invoice shall state that the kind,

standard and size of material sold to each purchaser in

exactly the same as described in the invoice. Any violation

of

this

Section

shall

be

sufficient

ground

for

the

suspension of the dealer's license for a period of not less

than two (2) years and, in addition thereto, the dealer shall

be punished for each such offense by a fine of not less

than two hundred pesos (P200.00) or the total value of

the invoice, whichever is greater.

Section 80. Arrest; Institution of criminal actions. A forest

officer or employee of the Bureau shall arrest even

without warrant any person who has committed or is

committing in his presence any of the offenses defined in

this Chapter. He shall also seize and confiscate, in favor of

the

Government,

the

tools

and equipment used in

committing the offense, and the forest products cut,

gathered or taken by the offender in the process of

committing the offense. The arresting forest officer or

employee shall thereafter deliver within six (6) hours from

the time of arrest and seizure, the offender and the

confiscated forest products, tools and equipment to, and

file the proper complaint with, the appropriate official

designated by law to conduct preliminary investigations

and file informations in court.

If the arrest and seizure are made in the forests, far from

the authorities designated by law to conduct preliminary

investigations, the delivery to, and filing of the complaint

with, the latter shall be done within a reasonable time

sufficient for ordinary travel from the place of arrest to

the place of delivery. The seized products, materials and

equipment

shall

be

immediately

disposed

of

in

accordance

with

forestry

administrative

orders

promulgated by the Department Head.

The Department Head may deputize any member or unit

of the Philippine Constabulary, police agency, barangay

or barrio official, or any qualified person to protect the

forest and exercise the power or authority provided for in

the preceding paragraph.

Reports and complaints regarding the commission of any

of the offenses defined in this Chapter, not committed in

the presence of any forest officer or employee, or any of

the deputized officers or officials, shall immediately be

investigated by the forest officer assigned in the area

where the offense was allegedly committed, who shall

thereupon receive the evidence supporting the report or

complaint.

If there is prima facie evidence to support the complaint

or report, the investigating forest officer shall file the

necessary

complaint

with

the

appropriate

official

authorized by law to conduct a preliminary investigation

of criminal cases and file an information in Court.

RA No 8550 | Philippine Fisheries Code of 1998

CHAPTER VI Prohibitions and Penalties

Section 86. Unauthorized Fishing or Engaging in Other

Unauthorized Fisheries Activities. - No person shall

exploit, occupy, produce, breed, culture, capture or gather

fish, fry or fingerlings of any fishery species or fishery

products, or engage in any fishery activity in Philippine

waters without a license, lease or permit.

Discovery of any person in an area where he has no

permit or registration papers for a fishing vessel shall

constitute a prima facie presumption that the person

and/or

vessel

is

engaged

in

unauthorized

fishing:

Provided, That fishing for daily food sustenance or for

leisure

which

is

not

for

commercial,

occupation

or

livelihood purposes may be allowed.

It shall be unlawful for any commercial fishing vessel to

fish in bays and in such other fishery management areas

which may hereinafter be declared as over-exploited.

Any commercial fishing boat captain or the three (3)

highest officers of the boat who commit any of the above

prohibited acts upon conviction shall be punished by a

fine equivalent to the value of catch or Ten thousand

pesos

(P10,000.00)

whichever

is

higher,

and

imprisonment of six (6) months, confiscation of catch and

fishing gears, and automatic revocation of license.

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

(500.00).

Section 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.

Section 88. 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 illegal 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.

© Compiled By RGL

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