Article 188Act No. 3815, Sec./Art. 188

Substituting and altering trade-marks and trade-names.-The penalty of prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos or both, shall be imposed upon:

1. Any person who shall substitute the name or mark of some other manufacturer for the name or mark of the real manufacturer upon any article of commerce and shall sell the same;

2. Any person who shall sell such articles of commerce or offer the same for sale, knowing that the trade-mark has been fraudulently used in such goods as described in the preceding subdivision; or

3. Any person who, knowing the purposes for which the trade-mark or trade-name of a person is to be used, prints, lithographs, or in any way reproduces such trade-mark or trade-name, or a colorable imitation thereof, for another person, to enable that other person to fraudulently use such trade-mark or trade-name on his own goods.

A trade-name or trade-mark is a word or words, name, emblem, sign, or device used as an advertisement, sign, label, poster or otherwise, for the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Violation of the provision of this section shall be punished

by imprisonment of two (2) years to six (6) years and/or

fine

of

Two

thousand

pesos

(P2,000.00)

to

Twenty

thousand pesos (P20,000.00) and by forfeiture of the

catch and the cancellation of fishing permit or license.

Section 97. Fishing Or Taking of Rare, Threatened or

Endangered Species. - It shall be unlawful to fish or take

rare, threatened or endangered species as listed in the

CITES and as determined by the Department.

Violation of the provision of this section shall be punished

by imprisonment of twelve (12) years to twenty (20) years

and/or a fine of One hundred and twenty thousand pesos

(P120,000.00)

and

forfeiture

of

the

catch,

and

the

cancellation of fishing permit.

Section

98.

Capture

of

Sabalo

and

Other

Breeders/Spawners. - It shall be unlawful for any person

to catch, gather, capture or possess mature milkfish or

"sabalo" and such other breeders or 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.

Violation of the provision of this section shall be punished

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

eight (8) years and/or a fine of Eighty thousand pesos

(P80,000.00) and forfeiture of the catch, and fishing

equipment used and revocation of license.

Section 99. Exportation of Breeders, Spawners, Eggs or

Fry. - Exportation of breeders, spawners, eggs or fry 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.

Section 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 fine of

Eighty thousand pesos (P80,000.00) and destruction of

live fishery species or forfeiture of non-live fishery species

in favor of the department for its proper disposition:

Provided, That violator of this provision shall be banned

from

being

members or stockholders 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 101. Violation of Catch Ceilings. - It shall be

unlawful for any person to fish in violation of catch

ceilings as determined by the Department. 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 a fine of Fifty thousand pesos (P50,000.00)

and forfeiture of the catch, and fishing equipment used

and revocation of license.

Section 102. Aquatic Pollution. - Aquatic pollution, as

defined in this Code shall be unlawful.

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) plus an additional fine of Eight thousand

pesos (P8,000.00) per day until such violation ceases and

the fines paid.

Section 103. Other Violations. - The following fisheries

activities shall also be considered as a violation of this

Code:

(a) Failure to Comply with Minimum Safety Standards. -

The owner and captain of a commercial fishing vessel

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.

(b) Failure to Conduct a Yearly Report on all Fishponds,

Fish Pens and Fish Cages. - The FLA of the holder who

fails to render a yearly report shall be immediately

cancelled: 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 (P500.00) per unreported hectare; (2)

subsequent offenses, a fine of One thousand pesos

(1,000.00) per unreported hectare.

(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 shellfish which is sexually

mature

or

below

the

minimum

size

or

above

the

maximum

quantities

prescribed

for

the

particular

species.

(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.

(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.

Subject to the provision of subparagraph (b) of this

section, violation of the above-enumerated prohibited

acts shall subject the offender to a fine ranging from Two

thousand

pesos

(P2,000.00)

to

Ten

thousand

pesos

(P10,000.00) or imprisonment from one (1) month and

one (1) day to six (6) months, or both such fine and

imprisonment, upon the discretion of the court: Provided,

That the Secretary is hereby empowered to impose upon

the offender an administrative fine of not more than Ten

thousand pesos (P10,000.00) or to cancel his permit or

license, or to impose such fine and to cancel his permit or

license,

in the discretion of the Secretary: Provided,

further,

That

the

Secretary,

or

his

duly

authorized

representative, and law enforcement agents are hereby

empowered

to

impound with the assistance of the

Philippine

Coast

Guard,

PNP-Maritime

Command:

Provided,

finally,

That

any

person

who

unlawfully

obstructs or delays the inspection and/or movement of

fish and fishery/aquatic products when such inspection

and/or movement 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.

Every penalty imposed for the commission of an offense

shall carry with it the forfeiture of the proceeds of such

offense and the instruments or tools with which it was

committed.

Such

proceeds

and

instruments

or

tools

shall

be

confiscated and forfeited in favor of the Government,

unless they be the property of a third person not liable for

the offense, but those articles which are not subject of

lawful commerce shall be destroyed.

Section

104.

Commercial Fishing Vessel Operators

Employing

Unlicensed

Fisherfolk

or

Fishworker or

Crew. - The owner/operator of a commercial fishing vessel

employing unlicensed fisherfolk 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.

Section 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

imprisonment

and

fine

at the

discretion of the court, and cancellation of permit/license,

© Compiled By RGL

188 of 201