PHILIPPINE FISHERIES CODE OF 199

(Republic Act No. 8550, as amended by Republic Act No. 10654)

The Philippine Fisheries Code of 1998
• Republic Act No. 8850
• The law was enacted on February 17, 1998

An Act to Prevent, Deter And Eliminate Illegal,

Unreported and Unregulated Fishing, Amending
Republic Act No. 8550, Otherwise known as
“The Philippine Fisheries Code of 1998””
• Republic Act No. 10654
• The law was enacted on February 27, 2015
 Policy Considerations
a. to achieve food security as the overriding consideration in the utilization, management, development,
conservation and protection of fishery resources in order to provide the food needs of the population. A
flexible policy towards the attainment of food security shall be adopted in response to changes in demographic
trends for fish, emerging trends in the trade of fish and other aquatic products in domestic and international
markets, and the law of supply and demand;
b. to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of
Filipino citizens;
c. to ensure the rational and sustainable development, management and conservation of the fishery and aquatic
resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas,
consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing
the quality of the environment;
d. to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk,
in the preferential use of the municipal waters. Such preferential use, shall be based on, but not limited to,
Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and ecological
conditions, and shall be consistent with our commitments under international treaties and agreements;
 Policy Considerations
e. to provide support to the fishery sector, primarily to the municipal fisherfolk, including
women and youth sectors, through appropriate technology and research, adequate financial,
production, construction of post-harvest facilities, marketing assistance, and other services. The
protection of municipal fisherfolk against foreign intrusion shall extend to offshore fishing
grounds. Fish workers shall receive a just share for their labor in the utilization of marine and
fishery resources;
f. to manage fishery and aquatic resources, in a manner consistent with the concept of an
integrated coastal area management in specific natural fishery management areas, appropriately
supported by research, technical services and guidance provided by the State; and
g. to grant the private sector the privilege to utilize fishery resources under the basic concept
that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the
State but also active participant and partner of the Government in the sustainable development,
management, conservation and protection of the fishery and aquatic resources of the country.
The state shall ensure the attainment of the following
objectives of the fishery sector:
a. Conservation, protection and sustained management of the
country’s fishery and aquatic resources;

b. Poverty alleviation and the provision of supplementary

livelihood among municipal fisherfolk;

c. Improvement of productivity of aquaculture within

ecological limits;

d. Optimal utilization of offshore and deep-sea resources; and

e. Upgrading of post-harvest technology.

Application of the law.
The provisions of this Code shall be enforced
in:
a. all Philippine waters including other waters over which
the Philippines has sovereignty and jurisdiction, and the
country’s 200-nautical mile Exclusive Economic Zone
(EEZ) and continental shelf;

b. all aquatic and fishery resources whether inland, coastal

or offshore fishing areas, including but not limited to
fishponds, fishpens/cages; and

c. all lands devoted to aquaculture, or businesses and

activities relating to fishery, whether private or public
lands.
Maritime Zones under UNCLOS

An island above water at high tide is entitled to a 12 NM territorial sea. If such island is capable of human habitation or economic life of its own, it is entitled to a
200 NM EEZ. If there is a natural prolongation of its extended continental shelf, it is entitled to an ECS up to where the natural prolongation ends, but not
exceeding 150 NM from the outer limits of its EEZ. The maximum maritime zone a coastal state can claim is 150 NM from the outer limits of its 200 NM EEZ (or
100 NM from the 2500 meter isobath, a limitation which does not apply to coastal states in the South China Sea based on the geology and geomorphology of the
South China Sea). China is claiming maritime zones more than 150 NM from the outer limits of its EEZ.
Internal waters, territorial sea, contiguous zone, and
exclusive economic zone.
Internal waters are all waters (part of the sea, rivers, lakes,
etc.) landwards from the baseline of the territory.
Sovereignty over these waters is the same in extent as
sovereignty over land, and it is not the subject to the right of
innocent passage.

Under the Constitution, the internal waters of the

Philippines include the waters around, between, and
connecting the island of the archipelago

This type of internal waters is considered “archipelagic

waters”
Internal waters, territorial sea, contiguous zone, and exclusive economic zone.

The Territorial
sea is a belt of sea
outwards from the
1
baseline up to 12
nautical miles
beyond.
Internal waters, territorial sea, contiguous zone, and exclusive economic zone.

2
2
The Contiguous
Zone is an area of
water not
exceeding 24
nautical miles from
the baseline.
Internal waters, territorial sea, contiguous zone, and exclusive economic zone.

The Exclusive
Economic Zone
3
is an area
extending not more
than 200 nautical
miles beyond
the baseline.
Internal waters, territorial sea, contiguous zone, and exclusive economic zone.

The continental shelf,

archipelagic or insular
shelf for archipelagos
refers to:
a) The seabed and subsoil of the
submarine areas adjacent to the
coastal state but outside the
territorial sea to a dept of two
hundred meters or beyond that
4 limit to where the depth allows
exploitation, and
b) The seabed and subsoil of areas
adjacent to islands.
a. Obligation of coastal states
Coastal states have two primary obligations:

 First, they must ensure through proper conservation and

management measures that the living resources of the
EEZ are not subjected to over-exploitation.
*This includes the duty to maintain and restore populations of harvested
fisheries at levels which produce a “maximum sustainable yield” (MSY).

 Second, they must promote the objective of “optimum

utilization” of the living resources. They therefore
should determine the allowable catch of living resources.
If the coastal state does not have the capacity to harvest
the allowable catch, it must grant access to other states.
b. Use of Philippine Waters
Section 2, Article XII of the Constitution provides:

“The State shall protect the nation’s marine wealth in its

archipelagic water, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small scale utilization

of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and
lagoons.”
c. UNCLOS mandates States to protect and
preserve the marine environment

Article 192 of the UNCLOS provides that

“States have the obligation to protect and
preserve the marine environment.”
d. Philippine archipelagic baselines law not unconstitutional
Magallona v. Ermita
G.R No. 187167
August 16, 2011
FACTS:
Petitioners assails the constitutionality of R.A. No. 9522 defining the archipelagic
baselines of the Philippines on two principal grounds, namely:
1. R.A. No. 9522 reduces the Philippine maritime territory, and logically, the
reach of the Philippines state’s sovereign power, in violation of Article I of the 1987
Constitution, embodying the terms of the Treaty of Paris and ancillary treaties, and

2. R.A. No. 9522 opens the country’s waters landward of the baselines to
maritime passage by all vessels and national security, contravening the country’s
nuclear free policy and damaging marine resources, in violation of relevant
constitutional provisions.
d. Philippine archipelagic baselines law not unconstitutional
Magallona v. Ermita
G.R No. 187167
August 16, 2011
HELD:
1. UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a multilateral treaty
regulating, among others, sea-use rights over maritime zones (i.e., the territorial waters [12 nautical miles
from the baselines], contiguous zone [24 nautical miles from the baselines], exclusive economic zone [200
nautical miles from the baselines]), and continental shelves that UNCLOS III delimits.23 UNCLOS III was
the culmination of decades-long negotiations among United Nations members to codify norms regulating
the conduct of States in the world’s oceans and submarine areas, recognizing coastal and archipelagic
States’ graduated authority over a limited span of waters and submarine lands along their coasts.

2. The adverted Sec. 8, Art. II of the 1987 Constitution declares the adoption and pursuit by the Philippines of
"a policy of freedom from nuclear weapons in its territory." On the other hand, the succeeding Sec. l6
underscores the State’s firm commitment "to protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature." Following the allegations of
petitioners, these twin provisions will supposedly be violated inasmuch as RA 9522 accedes to the right of
innocent passage and the right of archipelagic sea-lane passage provided under the LOSC. Therefore, ships
of all nations––be they nuclear-carrying warships or neutral commercial vessels transporting goods––can
assert the right to traverse the waters within our islands.
DEFINITION OF TERMS
Catch Ceilings - refer to the annual catch limits allowed to be taken, gathered or
harvested from any fishing area in consideration of the need to prevent overfishing
and harmful depletion of breeding stocks of aquatic organism.

Closed Season – the period during which the taking of specified fisheries species
by a specific fishing gear is prohibited in a specified area or areas in Philippine
waters.

Commercial Fishing – the taking of fishery species by passive or active gear for
trade, business and profit beyond subsistence or sports fishing, to be further
classified as:
1) Small scale commercial fishing – fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT;
2) Medium scale commercial fishing – fishing utilizing active gears and
vessels of 20.1 GT up to 150 GT; and
3) Large commercial fishing – fishing utilizing active gears and vessels of
more than 150 GT.
 DEFINITION OF TERMS
Mangroves – a community of intertidal plants including all species of trees, shrubs, vines and herbs found
on coasts, swamps, or border of swamps.
Marine Protected Area – means a defined area of the sea established and set aside by law, administrative
regulation, or any other effective means in order to conserve and protect a part of or the entire enclosed
environment through the establishment of management guidelines.
Municipal fishing – refers to fishing within municipal waters using fishing vessels of three gross tons or
less, or fishing not requiring the use of fishing vessels.
Municipal waters – include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected areas as defined under RA. 7586 (NIPAS Law),
public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two
lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality
touch the sea at low tide and a third line parallel with the general coastline including offshore islands and
15 kilometers from such coastline. Where two municipalities are so situated on opposite shores that there is
less than 30 kilometers of marine waters between them, the third line shall be equally distant from opposite
shore of the respective municipalities.
DEFINITION OF TERMS
Serious Violation – means any of the following violations of the provisions of this
Code:

(a) Fishing without a valid license, authorization or permit;

(b) Fishing without reporting the catch or misreporting the catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel markings, identity or registration to
conceal vessel identity or lack of registration
(g) Concealing, tampering or disposing evidence relating to an investigation of a violation
(h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly
obstructing or delaying a fisheries law enforcer, authorized inspector or observer or
other duly authorized government officer;
(i) Intentionally tampering with or disabling the vessel monitoring system; and
(j) Committing multiple violations which taken together constitute a serious disregard of
this code
DEFINITION OF TERMS

Unregulated Fishing – refers to fishing activities conducted

by:

(a)Vessels without nationality but operated by Filipino and/or

Filipino Corporation;
(b)Philippine flagged fishing vessels operating in areas
managed by RFMOs to which the Philippines is not a party
to; or
(c)Philippine flagged fishing vessels operating in areas or fish
stocks where there are no applicable conservation and
management measures.
B. ORGANIZATIONAL STRUCTURE
Department of Agriculture
The Department of Agriculture (DA) is the government agency
responsible for the promotion of agricultural development by
providing the policy framework, public investment, and support
services needed for domestic and export-oriented business
enterprises.
Bureau of Fisheries and Aquatic Resources
The Bureau of Fisheries and Aquatic Resources (BFAR) is the
government agency responsible for the development, improvement,
management and conservation of the country's fisheries and aquatic
resources. It was reconstituted as a line bureau by virtue of Republic Act
No. 8550 (Philippine Fisheries Code of 1998). The bureau is under the
Department of Agriculture.
 9. Composition of BFAR
As a line bureau, the BFAR shall (1) Director
be headed by a Director and
assisted by two (2) Assistant (2) Assistant Directors
• administrative and
Directors who shall supervise the • technical services
administrative and technical
services of the bureau respectively.
It shall establish regional,
provincial and municipal offices as • BFAR (National)
may be appropriate and necessary • Regional
to carry out effectively and • Provincial
efficiently the provisions of the • Municipal
Fisheries Code.
7. Access to fishery resources
The Department of Agriculture (DA) shall issue
such number of licenses and permits for the
conduct of fishery activities subject to the limits
of the of the resources as determined by scientific
studies or best available evidence. Preference
shall be given to resource users in the local
communities adjacent or nearest to the municipal
waters.
 7. Access to fishery resources
a. Catch ceiling limitations
The DA Secretary may prescribe limitations or quota on the total quantity of fished captured, for a specified period of
time and specified area based on the best available evidence. Such a catch ceiling may be imposed per species of fish
whenever necessary and practicable: Provided, however, That in municipal waters and fishery management areas, and
waters under the jurisdiction of special agencies, catch ceilings may be established upon the concurrence and approval or
recommendation of such special agency and the concerned local government unit (LGU) in consultation with he Fisheries
and Aquatic Resources Management Councils (FARMC) for conservation or ecological purposes

b. Establishment of closed season

The Secretary may declare, through public notice in at least two newspapers of general circulation or in public service
announcements, whichever is applicable at least five days before the declaration, a closed season in any or all Philippine
waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes. The Secretary may
include waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved for the use
of the municipal fisherfolk in the area to be covered by the closed season. This shall be done only upon the concurrence and
approval or recommendation of such special agency and the concerned LGU and FARMC. In municipal waters, fishery
management areas and other areas reserved for the use of the municipal fisherfolk, closed season may be established by the
concerned LGU in consultation with the FARMC for conservation or ecological purposes. The FARMCs may also
recommend the establishment of closed seasons in municipal waters, fisheries management and other areas reserved for the
use of the municipal fisherfolk.
 Functions of the Bureau of Fisheries and Aquatic
Resources.
(a) prepare and implement a Comprehensive National Fisheries Industry Development
Plan;
(b) issue licenses for the operation of commercial fishing vessels;
(c) issue identification cards free of charge to fishworkers engaged in commercial fishing;
(e) formulate and implement a Comprehensive Fishery Research and Development
Program, such as, but not limited to, sea farming, sea ranching, tropical/ornamental fish
and seaweed culture, aimed at increasing resource productivity, improving resource use
efficiency, and ensuring the long-term sustainability of the country's fishery and aquatic
resources;
(f) establish and maintain a Comprehensive Fishery Information System;
(g) provide extensive development support services in all aspects of fisheries production,
processing and marketing;
 Functions of the Bureau of Fisheries and Aquatic
Resources.
(h) provide advisory services and technical assistance on the improvement of quality of
fish from the time it is caught (i.e. on board fishing vessel, at landing areas, fish markets,
to the processing plants and to the distribution and marketing chain);

(i) coordinate efforts relating to fishery production undertaken by the primary fishery
producers, LGUs, FARMCs, fishery and organizations/cooperatives;

(j) advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;

(k) establish a corps of specialists in collaboration with the Department of National

Defense, Department of the Interior and Local Government, Department of Foreign
Affairs for the efficient monitoring, control and surveillance of fishing activities within
Philippine territorial waters and provide the necessary facilities, equipment and training
therefor;
 Functions of the Bureau of Fisheries and Aquatic
(l)Resources.
implement an inspection system for import and export of fishery/aquatic products and
fish processing establishments, consistent with international standards to ensure product
quality and safety;

(m) coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities to
enable women to engage in other fisheries/economic activities and contribute
significantly to development efforts;

(n) enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters, and to
settle conflicts of resource use and allocation in consultation with the NFARMC, LGUs
and local FARMCs;

(o) develop value-added fishery-products for domestic consumption and export;

 Functions of the Bureau of Fisheries and Aquatic
Resources.
(p) recommend measures for the protection/enhancement of the fishery
industries;

(q) assist the LGUs in developing their technical capability in the

development, management, regulation, conservation, and protection of the
fishery resources;

(r) formulate rules and regulations for the conservation and management of
straddling fish stocks and highly migratory fish stocks; and

(s) perform such other related functions which shall promote the
development, conservation, management, protection and utilization of
fisheries and aquatic resources.
Municipal
Fisheries
Municipal Fisheries
1.Jurisdiction of Municipal/City
Governments LLDA vs CA
2.Users of Municipal Waters
3.Registry of municipal fisherfolk
4.Priority of resident municipal fisherfolk
5.The “preferential right” of subsistence or
marginal fishermen to the use of water
resources not absolute. Tano vs Socrates
Jurisdiction of Municipal/City Governments
1. The municipal/city Government shall have jurisdiction over
municipal waters as defined in the Code.

2. The Municipal Government in consultation with the FARMC,

shall be responsible for the management, conservation,
development, protection, utilization, and disposition of all fish
and fishery/aquatic resources within their respective municipal
waters.

3. Enact appropriate ordinances for this purpose and in accordance

with the National Fisheries Policy. the Sanggunian of the
province shall review the ordinances enacted by the municipality
and component city.
Local Government Unit
1.Shall enforce all fishery laws, rules and regulations
as well as valid fishery ordinances enacted by the
municipal/city council.
2.Management of contiguous fishery resources
3.With other LGUs, group themselves and coordinate
with each other to achieve the objectives of
integrated fishery resource management
FARMC (Fisheries and Aquatic Resources
Management Council)
1.The Integrated Fisheries and Aquatic
Resources Management Councils
established under Section 76 of the
Code shall serve as the venues for
close collaboration among LGUs in
the management of contiguous
resources.
Grant of Fishing Privileges in
Municipal Waters
1.The Duly registered fisherfolk
organizations/cooperatives shall have
preference in the grant of fishery rights by the
municipal/city council pursuant to section 149
of the LGC.
2.In areas, where there are special agencies or
offices vested with jurisdiction over municipal
waters by virtue of special laws creating this
agencies such as, but not limited to,
• Laguna Lake Development Authority (LLDA) and the
Palawan Council for Sustainable Development, these
agencies and offices shall continue to grant permits
for proper management and implementation of the
aforementioned structures.

• The Laguna Lake Development Authority has

exclusive jurisdiction to issue permits for the
enjoyment of fishery privileges in Laguna de Bay
Grant of fishing privileges in municipal waters
1. The duly registered fisherfolk
organizations/cooperatives shall have preference in the
grant of fishery rights by the municipality/city council
pursuant to Section 149 of the LGC.

2. Special agencies or offices vested with jurisdiction

over municipal waters by virtue of special laws
creating these agencies such as but no limited to the
LLDA and the Palawan Council for sustainable
development, said offices and agencies shall continue
to grant permits for proper management and
implementation of the aforementioned structures.
 LLDA – Laguna Lake Development Authority

1.Has exclusive jurisdiction to issue permits

for the enjoyment of fishery privileges in
Laguna de bay
2.RA No. 4850 dated July 18, 1966, created
the LLDA
3.To promote and accelerate the development
and balance growth of the Laguna Lake area
LLDA – Laguna Lake Development
Authority
1.Carry out the development of the
Laguna lake region with due regard and
adequate provisions for environmental
management and control, preservation of
the quality of human life and ecological
systems, and the prevention of undue
ecological disturbances, deterioration
and pollution.
 Laguna de Bay region
Provinces of Rizal and Laguna; the cities of
San Pablo, Pasay, Caloocan, Quezon, Manila
and Tagaytay; the towns of Tanauan, Sto.
Tomas and Malvar in Batangas province;
towns of Silang and Carmona in Cavite
Province; the town of Lucban in Quezon
province; and the towns of Marikina, Pasig,
Taguig, Muntinlupa, and Pateros in Metro
Manila
LLDA vs Court of Appeals
Main issue is which agency of the
government – the LLDA or the towns
and municipalities comprising the region
– should exercise jurisdiction over the
Laguna lake and its environs insofar as
the issuance of permits for fishery
privileges is concerned.
RA no. 7160 Section 149(a) RA no. 4850 Section 4(k)
Municipalities shall have exclusive as amended by PD no. 813
authority to grant fishery privileges Provides that LLDA shall have
in the municipal waters and impose exclusive jurisdiction to issue new
rentals, fees, or charges thereof. permit for the use of the lake waters
for any projects or activities in or
affecting the said lake.
 RULING
• The Supreme Court held that RA no. 7160, although
a later law, has not repealed the provisions of RA no
4850.
• The Charter of the LLDA constitutes a special law.
RA no.7160 is a general law.
• It is basic in statutory construction that the enactment
of a later legislation which is a general law cannot be
construed to have repealed a special law.
The Court further held that the power of
LLDA to grant permits for fishpens,
fishcages, and other aquaculture structures
is for the purpose of effectively regulating
and monitoring activities in the laguna de
bay redion. (Section 2, EO no. 927) and for
the lake quality control and managements.
• The charter of LLDA which embodies a
valid exercise of police power should
prevail over the LGC on matters affecting
Laguna de bay.
• On the other hand, the power of the LGUs
to issue fishing privileges was clearly
granted for revenue purposes.
 Users of Municipal Waters
All fishery related activities in municipal
waters shall be utilized by munipal
fisherfolk and their
cooperatives/organizations who are listed
as such in the registry of municipal
fisherfolk.
• The municipal or city government may through its local chief executive
and acting pursuant to an appropriate ordinance, authorize or permit
small and medium commercial fishing vessels to operate within ten
point one (10.1) to 15 kilometer area from the shoreline in municipal
waters as defined herein provided that all the following are met:
a. no commercial fishing in municipal waters with depth less than seven
fathoms as certified by the appropriate agency
b. fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the DA
c. prior consultation, through public hearing, with the M/CFARMC has
been conducted
d. the applicant vessel as well as the shipowner, employer, captain and
crew have been certified by the appropriate agency as not having
violated the Code, environmental laws and related laws.
 Users of Municipal Waters
All fishery related activities in municipal
waters shall be utilized by munipal
fisherfolk and their
cooperatives/organizations who are listed
as such in the registry of municipal
fisherfolk.
Registry of Municipal Fisherfolk
The LGU shall maintain a registry if municipal
fisherfolk who are fishing or may desire to fish in
municipal waters for the purpose of determining
priorities among them, of limiting entry into the
municipal waters and of monitoring fishing activites
and/or other related purposes. The FARMC shall
submit to the LGU the list of priorities for its
consideration.
Priorities of resident Municipal Fisherfolk
• Resident municipal fisherfolk shall have priority to
exploit municipal and demarcated fishery areas of the
said municipality.
• However, whenever it is determined by the LGUs and
the DA that a municipal water is overfished based on
available data or information or in danger of being
overfished, and that there is a need to regenerate the
fishery resources, the LGU shall prohibit or limit fishery
activities.
 The “Preferential Right” of subsistence or marginal
fishermen to the use of water resources not absolute

The validity of ordinance which the local

government of Palawan have adopted in
view of the widespread destruction
caused by cyanide fishing of corals within
their territorial waters was the key issue
in Tano vs. Socrates
 Tano vs Socrates
• Ordinance no. 2-93, which the sangguniang panlalawigan of
Palawan adopted in 1993, prohibits, for a period of five years,
the catching, gathering, possessing, buying, selling, and
shipment of live fish and lobsters.
• Concern over the use of cyanide in fishing and its ill effect on
the marine environment also prompted the sangguniang
panlungsod of puerto prinsesa to pass ordinance no. 15-92,
Which makes it unlawful for any person or business enterprise
or company to ship out from Puerto Prinsesa City to any point
of destinations either via aircraft or seacraft of any live fish
and lobster except sea bass, catfish, mudfish and milkfish fries.
 Tano vs Socrates
• Petitioners claim that the ordinance violate the Constitution invoking the following provisions:

a. The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea and exclusive
economic zone and reserve its use and enjoyment exclusively to Filipino Citizens.

b. The Congress may, by law, allow small-scale utilizations of natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays and lagoons.

c. The Congress shall give highest priority to the enactment measures that protect and enhance the right of all
the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good

d. The State shall protect the rights of subsistence fishermen, especially of local communities to preferential use
of the communal marine and fishing resources, both inland and off-shore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, production, and marketing assistance, and other
services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing resources.
 Tano vs. Socrates
Upholding the validity of the ordinances, the
Court, through Justice Davide, ruled the same are
police power measures enacted by the Province of
Palawan and the City of Puerto Prinsesa, pursuant
to the LGC which makes it in fact their duty to
enact measures to protect the environment and
impose appropriate penalties for acts which
endanger the environment, such as dynamite
fishing and other forms of destructive fishing.
• Petitioners challenge to the validity of the
ordinances does not rest on the claim that the
ordinance are beyond the power of the local
governments to enact but on the ground that they
allegedly deprive petitioners of their means of
livelihood and occupation and for that reason
violate the Constiution
• The Court noted that there is absolutely no showing
that any if the petitioners qualifies as a subsistence or
marginal fisherman
• Marginal Fisherman is an individual engaged in
fishing whose margin of return or reward in his harvest
of fish as measure by existing price levels is barely
sufficient to yield a profit or cover the cost of
gathering the fish
• Subsistence fisherman is one whose catch yields but
the irreducible minimum for his livelihood.
• Section 2 of Article XII aims primarily not to bestow any
right to subsistence fishermen, but to lay stress on the duty
of the State to protect the nation’s marine wealth.

• On the other hand Section 7 of Article XIII speaks not only

of the use of communal marine and fishing resources but of
their protection, development and conservation.

• The ordinances in question was meant precisely to preserve

and conserve our marine resources to the end that their
enjoyment may be guaranteed not only for the present
generation, but also for the generations to come.
According to the Court, the so-called “preferential
right” of subsistence or marginal fishermen to the use of
marine resources is not all absolute. In accordance with
the Regalian Doctrine, marine resources belong to the
State, and pursuant to the 1st paragraph of section 2
article XII of the Constitution, their exploration,
development and utilization… shall be under the full
control and supervision of the State. Moreover their
mandated protection, development and conservation
imply certain restricions on whatever right of enjoyment
there may be in favor of anyone.
 Commercial Fishing
• Commercial Fishing vessel license and
other licenses
• Persons eligible for commercial fishing
vessel license
• Fishing by Philippine commercial fishing
fleet in international waters
 Commercial Fishing
• No person shall operate a commercial fishing
vessel, pearl fishing vessel or fishing vessel for
scientific, research or educational purposes, or
engage in any fishery activity, or seek
employment as a fishworker or pearl driver
without first securing a license from the DA, the
period of which shall be prescribed by the DA.
Persons eligible for commercial fishing vessel license
• No commercial fishing vessel license shall be issued except to citizens
of the Philippines, partnerships or to associations, cooperatives or
corporations duly registered in the Philippines at least 60% of the capital
stock of which is owned by the Filipino citizens.
• No selling, transferring, or assigning directly or indirectly, his stock or
interest therein to any person not qualified to hold a license. Any
transfer or sale shall be null and void and shall not be registered in the
books of association, cooperative or corporation.
• For the purpose of commercial fishing, Must Secure certificates of
Philippine registry and such other documents as are necessary for
fishing operations.
Fishing by Philippine commercial fishing fleet in
international waters
• Fishing vessels of Philippine registry may operate in international
waters or waters of other countries which allow such fishing
operations but they should comply with the safety, manning and other
requirements of the Philippine Coast Guard, Maritime Industry
Authority and other agencies concerned.

• Secure an international fishing permit and certificate of clearance

from the DA.

• Fish caught by such vessels shall be considered as caught in

Philippine waters and therefore not subject to import duties and taxes
but only when same is landed in duly designated fish landings and fish
ports in the Philippines
AQUACULTU
RE
What is FLA ( Fishpond Lease
Agreement)?
It may be issued
for public lands
that may be
declared available
for fishpond
development.
 What if it has been expired?
The current lessees shall be given priority
and entitled to an extension of 25 years.
Lease of fishponds
a) No more than 50 hectares for individuals
and 250 hectares for corporations.

b) The lease shall be for a period of 25 years

and renewable for another 25 years.

c) Lease rates for fishpond areas shall be

determined by Department of Agriculture.
Lease of fishponds
d) The area leased shall be developed and
producing on a commercial scale within 3
years from the approval of the lease
contract.

e) The fishpond shall not be subleased

f) in whole or in part.

g) The transfer or assignment of rights to

FLA shall be allowed only upon prior
written approval of the DA.
Lease of fishponds
a) No more than 50 hectares for individuals
and 250 hectares for corporations.

b) The lease shall be for a period of 25 years

and renewable for another 25 years.

c) Lease rates for fishpond areas shall be

determined by Department of Agriculture.
Lease of fishponds
d) G. The lessee shall undertake reforestation
for river banks, bays, streams, and
seashore fronting the dike of his fishpond
subject to the rules and regulations.

e) H. The lessee shall provide facilities that

will minimize environmental pollution.
What is the code of practice for
Aquaculture?
To outline the general
principles and guidelines
for environmentally
sound design and
operation to promote the
sustainable development
of the industry.
What if there’s an abandoned fishponds?

It can be reverted to their

original mangrove state.
What if there is an absentee on fishpond
lease agreement holder?
It shall result in the
automatic cancellation of
the improvements thereon
forfeited in favor of the
government.
Lease of fishponds
d) G. The lessee shall undertake reforestation
for river banks, bays, streams, and
seashore fronting the dike of his fishpond
subject to the rules and regulations.

e) H. The lessee shall provide facilities that

will minimize environmental pollution.
License to Operate Fish Pens, Fish
Cages and Fish Traps
It shall be constructed
and shall operate only
within established zones
duly designated by
LGUs in consultation
with FARMCs concerned
Grant of Privileges for Operation
of Fish pens
No new concessions,
licenses, permits, leases
and similar privileges for
the establishment or
operation of fish pens, fish
cages, fish corrals/traps
and other similar
structures shall be
granted.
FISHERY RESERVES, REFUGE AND
SANCTUARIES
 Fishing areas reserves for
exclusive use of government
Those areas in the
Philippine waters beyond
(15) kilometres from the
shoreline for propagation,
educational, research, and
scientific purposes.
PROHIBITIO
NS AND
PENALTY
 Prohibitions and Penalties
The following acts are prohibited and penalized under RA No. 10654 amending
RA No. 8550:

Unauthorized fishing
(a) It shall be unlawful for any person to capture or gather or to cause the capture or
gathering of fish, fry or fingerlings of any fishery species or fishery products without
license or permit from the Department or LGU.
*Except in cases specified under the Code, it shall also be unlawful for any commercial fishing vessel to fish in municipal waters.

The discovery of any person in possession of a fishing gear or operating a fishing vessel in a
fishing area where he has no license or permit shall constitute a prima facie presumption that
the person 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.
 Prohibitions and Penalties
Unauthorized Fishing.

(b) 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.
 Engaging in unauthorized fisheries
activities
It shall be unlawful for any person to exploit, occupy, produce,
breed or culture fish, fry or fingerlings of any fishery species or
fishery products or construct and operate fish corrals, fish traps,
fish pens and fish cages or fishponds without a license, lease or
permit.

The discovery of any person engaging in any of the above

activities without a lease, license or permit shall continue a
prima facie presumption that the person is engaged in
unauthorized fisheries activity.
 Failure to Secure Fishing permit prior to engaging in
distant water fishing.
(a) It shall be unlawful for any person to fish in the high seas, in the territorial
seas, archipelagic waters, and Exclusive Economic Zones of other states
using a Philippine flagged fishing vessel without first securing a fishing
permit from the Department and authorization from the coastal state.

The discovery of any person in possession of a fishing gear or operating a fishing vessel in
the abovementioned areas without a fishing permit from the Department or authorization
from the coastal state shall constitute a prima facie presumption that the person is in
violation of this provision.

(b) It shall be unlawful for an owner or operator and the 3 highest officers, of a
commercial vessel to commit acts that are in contravention of the terms and
conditions stated in the fishing permit as may be promulgated by the
department
 Unreported fishing
It shall be unlawful for any person to engage in unreported fishing or
to fail to comply with the reportorial requirements in Section 38 of
RA No. 8550, as amended, to wit:

“Each commercial fishing vessel shall keep a daily record of fish

catch and spoilage, landing points, and quantity and value of fish
caught, and off-loaded for transshipment, sale and/or other disposal.
Detailed information shall be duly certified by the vessel’s captain
and transmitted to BFAR within the period prescribed in the
implementing rules and regulations promulgated by the Department.
Failure to comply shall result to administrative and penal sanctions.
 Unregulated fishing

(a) It shall be unlawful for any

person to engage in unregulated
fishing in waters within and
beyond national jurisdiction.
 Poaching in Philippine Waters
It shall be unlawful for any foreign person,
corporation or entity to fish or operate any
fishing vessels in Philippine waters.

The entry of any foreign fishing vessel in the

Philippine waters shall constitute a prima facie
presumption that the vessel is engaged in fishing
in Philippine waters.
 Fishing through explosives, noxious or
poisonous substance, or electricity.
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 the Philippine waters with the use of explosives,
noxious or poisonous substance such as sodium cyanide, which will kills, stupefy, disable or
render unconscious fish or fishery species:

Provided, That the Department, subject to such safeguards and conditions deemed necessary
and with the endorsement from the concerned LGUs, may allow, for research, educational or
scientific purposes only, the use of poisonous or noxious substance to catch, take or gather
fish or fishery species:

Provided, further, That the use of poisonous or noxious substance to eradicate predators and
pests 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.
 Dynamite, other explosives and chemical compound

The discovery of dynamite, other explosives and

chemical compounds which contain combustible
elements, or noxious or poisonous substance, or
equipment or device for electrofishing in any fishing
vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute a
prima facie presumption that any of these devices was
used for fishing in violation of the Code.
 Fishing through explosives, noxious or
poisonous substance, or electricity.
The discovery in any fishing vessel of fish
caught or killed with the use of explosives,
noxious, or poisonous substances, or by
electricity shall constitute a prima facie
presumption that the fisherfolk, operator, boat
official or fishworker is fishing with the use
thereof.
 Other violations

Other prohibitions/violations include those

enumerated under RA No. 10654, specifically:
• Fishing through Explosives, Noxious or Poisonous Substance, or
Electricity
• Use of fine Mesh Net
• Fishing in Overexploited Fishery Management Areas
• Use of Active Gear in Municipal Waters, Bays and Other Fishery
Management Areas
• Ban on Coral Exploitation and Exportation
• Ban on Muro-ami, other methods and Gear Destructive to Coral
Reefs and Other Marine Habitat
 Other violations
• Illegal use of Superlights or Fishing Light Attractor
• Conversion of Mangroves
• Fishing During Closed Season
• Fishing in Marine Protected Areas, Fishery Reserves, Refuge and
Sactuaries
• Obstruction of Defined Migration Paths
• Failure to comply with the rules and regulations on conservation and
management measures
• Noncompliance with Vessel Monitoring Measures
• Noncompliance with the requirements for the Introduction of Foreign
or Exotic Species
• Failure to Comply with Standards and Trade-Related Measures
• Etc.
 Administrative Adjudication
The Department is empowered to impose administrative fines and
penalties provided in the 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 chairman and four 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.
 Administrative Adjudication
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.

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 the Code.
 Power to issue cease and desist orders and to
summarily evict without 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.
 Authority of the Director of the
BFAR or the duly authorized representative to issue
notice of violation and other confiscation

In all cases of violations of the 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
institution or LGUs and to dispose of the same in accordance with
pertinent laws, rules, regulations, and policies on the matter.
 Prohibition on the issuance of temporary
restraining orders, preliminary injunctions, and
preliminary mandatory injuctions.
No injunction or restraining order from the Municipal 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.

It should be clarified, however, that courts cannot be deprived of their

authority to take cognizance of issues raised in the principal action, as long as
such action and relief sought are within their jurisdiction. Indeed, on issues
involving question of law, courts could not be prevented from exercising their
power to restrain or prohibit administrative acts.
 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 tax rebates;
 Accompanying administrative sanctions for serious
violations.
5. inclusion in the Illegal, Unreported and Unregulated (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 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 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.
 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 tax rebates;
 Citizen’s suit
Any citizen may file an appropriate civil, criminal or administrative action in
the proper courts/bodies against:
1. Any person who violated or fails to comply with the provisions of this
Code and its implementing rules and regulations;
2. The department or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with the Act; and
3. Any public officer who willfully or grossly neglects the performance of a
duty specifically enjoined by the Code and its implementing rules and
regulations; or abuses authority in the performance of duty; or, in any
manner improperly performs duties under the Code and its implementing
rules and Regulations: Provided, however, That no suit can be filed until
after 15 days notice has been given the public officer and the alleged
offender and no appropriate action has been taken thereon.
 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 tax rebates;
 Strategic Lawsuit Against Public Participation
(SLAPP) in the enforcement of the 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 the 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 SLAP shall be resolved within 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.
 Strategic Lawsuit Against Public Participation
(SLAPP)
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.
 Executive Control
Case: Araneta v. Gatmaitan

It has been held that if under the law the Secretary has authority to regulate or
ban fishing under certain conditions, then the President may exercise the
same power and authority:
(a) the President has control of all the executive departments, bureaus and
offices pursuant to Section 17, Article VII of the 1987 Constitution)
(b) executive orders may be issued by the President governing the general
performance of duties by public employees or disposing of issues of general
concern; and
(c) and under the Administrative Code, all executive functions shall be
directly under the executive department, subject to the supervision and
control of the President on matters of general policy
 Enactment of ordinances by LGUs
Under the general welfare clause, LGU’s have the power,
inter alia, to enact ordinances to enhance the right of the
people to a balance ecology. It likewise specifically vests
municipalities with the power to grant fishery privileges in
municipal waters, and impose rentals, fees, or charges
therefor; to penalize, by appropriate ordinances, the use of
explosives, noxious or poisonous substances, electricity,
muro-ami, and other deleterious methods of fishing; and to
prosecute any violation of the provisions of applicable
fishery laws.
 Enactment of ordinances by LGUs
RA No. 7160 imposes upon the sanggunian of
LGUs the duty to enact ordinances “protect the
environment and impose appropriate penalties
for acts which endanger the environment such
as dynamite fishing and other forms of
destructive fishing and such other activities
which result in pollution, acceleration of
eutrophication of rivers and lakes or of
 Enactment of ordinances by LGUs
Under the general welfare clause, LGU’s have the power,
inter alia, to enact ordinances to enhance the right of the
people to a balance ecology. It likewise specifically vests
municipalities with the power to grant fishery privileges in
municipal waters, and impose rentals, fees, or charges
therefor; to penalize, by appropriate ordinances, the use of
explosives, noxious or poisonous substances, electricity,
muro-ami, and other deleterious methods of fishing; and to
prosecute any violation of the provisions of applicable
fishery laws.
 Seizure without warrant of fishing vessels
breaching fishery laws.
Search and seizure without warrant of vessels and aircrafts
for violation of customs law have been the traditional
exception to the constitutional requirement of a search
warrant. It is rooted on the recognition that a vessel and an
aircraft, like motor vehicles, can be quickly moved out of the
locality or jurisdiction in which the search warrant must be
sought and secured. Hence, judicial authorities have not
required a search warrant of vessels and aircrafts before their
search and seizure can be constitutionally effected.
 Seizure without warrant of fishing vessels
breaching fishery laws.

The same exception applies to seizures of

fishing vessels and boats breaching our fishery
laws. These vessels are normally powered by
high-speed motors that enable them to elude
arrests made by government authorities
enforcing our fishery laws.
 Roldan vs. Arca
It was held that where the members of the crew of
fishing vessels were caught in flagrante illegally
fishing with dynamite and without the requisite
license, their apprehension without a warrant of arrest
while committing a crime was lawful. Consequently,
the seizure of the vessel, its equipment and dynamites
therein was held valid as incident to a lawful arrest.
 Hizon vs. Court of Appeals
The warrantless search on a fishing boat
suspected of having engaged in illegal fishing
was held valid. The fish and other evidence
seized in the course of the search were properly
admitted by the trial court.
 Commissioner of Customs vs Court of Appeals
and Gonong, GR No. 111202
Incidentally, it has been held that the collector of
Customs has exclusive jurisdiction over seizure and
forfeiture proceedings and trial courts are precluded
from assuming cognizance over such matters even
though petitions for certiorari, prohibition or mandamus.
The forfeiture proceedings are in the nature of
proceedings in rem and jurisdiction was obtained from
the moment the vessel entered Philippine waters
 Sea Lion Fishing Corporation v. People
172678, March 23, 2011
Facts:
In response to fishermen’s report of poching off
Mangsee Island in Balabac, Palawan, a
combined team of Philippine Marines, Coast
Guard and barangay officials conducted search
and seizure operations therein…
 Sea Lion Fishing Corporation v. People
There they found F/V Sea Lion anchored three nautical miles
northwest of Mangsee Island. Beside it were 5 boats and a long
fishing net already spread over the water. Arrests were made
and charges were thereafter filed against 17 Chinese fishermen
aboard the F/V Sea Lion. They were tried and sentenced
accordingly. The crew of F/V Sea Lion were exculpated.
Petitioner Sea Lion Fishing Corporation thereafter file before the
Office of the Provincial Prosecutor an urgency motion for
release of the F/V Sea Lion, alleging that it owns the vessel, but
the motion was denied. The case reached the Supreme Court.
 Sea Lion Fishing Corporation v. People
HELD: “In fine, it has been established beyond reasonable
doubt that F/V Sea Lion was used by the 17 Chinese
fishermen in the commission of the crimes. On the other
hand, petitioner presented no evidence at all to support its
claim of ownership of F/V Sea Lion. Therefore, the
forfeiture of F/V Sea Lion in favor of the government was
proper. When an instrument or tool used in a crime is being
claimed by a third person not liable to the offense, such
third-party must first establish its ownership over the same.”