Article 187Act No. 3815, Sec./Art. 187

Importation and disposition of falsely marked articles or merchandise made of gold, silver, or ohter precious metals or their alloys.-The penalty of prision correccional or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metal, or their alloys, with stamps, brands, or marks, which fail to indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label, or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

The discovery of dynamite, other explosives and chemical

compounds which contain combustible elements, or

noxious or poisonous substances, or equipment or device

for

electro-fishing

in

any

fishing

vessel

or

in

the

possession of any fisherfolk, operator, fishing boat official

or fishworker shall constitute prima facie evidence, that

the same was used for fishing in violation of this Code.

The discovery in 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 same result

to physical injury or loss of human life.

(4) 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.

(5) In all cases enumerated above, the explosives, noxious

or poisonous substances and/or electrical devices, as well

as the fishing vessels, fishing equipment and catch shall

be forfeited.

Section 89. Use of Fine Mesh Net. - It shall be unlawful to

engage in fishing using nets with mesh smaller than that

which may be fixed by the Department: Provided, 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.

Section 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.

Violators

of

the

above

prohibitions

shall

suffer

the

following penalties:

(1) The boat captain and master fisherman of the vessels

who participated in the violation shall suffer the penalty

of imprisonment from two (2) years to six (6) years;

(2) The owner/operator of the vessel shall be fined from

Two thousand pesos (P2,000.00) to Twenty thousand

pesos (20,000.00) upon the discretion of the court.

If the owner/operator is a corporation, the penalty shall be

imposed on the chief executive officer of the Corporation.

If the owner/operator is a partnership the penalty shall be

imposed on the managing partner.

(3) The catch shall be confiscated and forfeited.

Section 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 or in processed form,

except for scientific or research purposes.

Violations

of

this

provision

shall

be

punished

by

imprisonment from six (6) months to two (2) years and a

fine from Two thousand pesos (P2,000.00) to Twenty

thousand

pesos

(20,000.00),

or

both

such fine and

imprisonment,

at

the

discretion

of

the

court,

and

forfeiture of the subject corals, including the vessel and

its proper disposition.

The confiscated corals shall either be returned to the sea

or donated to schools and museums for educational or

scientific purposes or disposed through other means.

Section 92. Ban on Muro-Ami Other Methods and Gear

Destructive to Coral Reefs and Other Marine Habitat. -

It shall be unlawful for any person, natural or 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.

The

operator,

boat

captain,

master

fisherman,

and

recruiter or organizer of fishworkers who violate this

provision shall suffer a penalty of two (2) years to ten (10)

years imprisonment and a fine of not less than One

hundred thousand pesos (P100,000.00) to Five hundred

thousand pesos (P500,000.00) or both such fine and

imprisonment, at the discretion of the court. The catch

and gear used shall be confiscated.

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.

The person or corporation who violates this provision shall

suffer

a

penalty

of

two

(2)

years to ten (10) years

imprisonment and a fine of not less than One hundred

thousand pesos (P100,000.00) to Five hundred thousand

pesos (P500,000.00) or both such fine and imprisonment,

at the discretion of the court. The substance taken from

its marine habitat shall be confiscated.

Section 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.

Violations

of

this

provision

shall

be

punished

by

imprisonment from six (6) months to two (2) years or a

fine of Five thousand pesos (P5,000.00) per superlight, or

both such fine and imprisonment at the discretion of the

courts. The superlight, fishing gears and vessel shall be

confiscated.

Section 94. Conversion of Mangroves. - It shall be

unlawful

for

any

person to convert mangroves into

fishponds or for any other purposes.

Violation of the provision of this section shall be punished

by imprisonment of six (6) years and one (1) day to twelve

(12)

years

and/or

a

fine

of

Eighty

thousand

pesos

(P80,000.00):

Provided,

That

if

the

area

requires

rehabilitation or restoration as determined by the court,

the

offender

should

also

be

required to restore or

compensate for the restoration of the damage.

Section 95. Fishing in Overfished Area and During

Closed Season. - It shall be unlawful to fish in overfished

area and during closed season.

Violation of the provision of this section shall be punished

by imprisonment of six (6) months and one (1) day to six

(6) years and/or fine of Six thousand pesos (P6,000.00)

and by forfeiture of the catch and cancellation of fishing

permit or license.

Section 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.

© Compiled By RGL

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