A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1058
PRESIDENTIAL DECREE NO. 1058 -
AMENDING PRESIDENTIAL DECREE NO. 704, DATED MAY 16, 1975, BY INCREASING
THE PENALTIES FOR CERTAIN FORMS OF ILLEGAL FISHING, DEALING IN
ILLEGALLY CAUGHT FISH OR FISHERY/AQUATIC PRODUCTS, AND FOR OTHER
PURPOSES
|
chanroblesvirtualawlibrary
WHEREAS,
fish, fishery and other aquatic products constitute a cheap and major
food resource for the Philippine population;chanroblesvirtualawlibrary
WHEREAS, there is a need to increase the penalties for certain acts
prohibited by existing penal laws for a more effective protection of
the nation's fish resources;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree as part of the law of the land, the following:cralaw:red
Section 1. The first paragraph of Section 33 of
Presidential Decree No. 704, dated May 16, 1975, is hereby modified to
read as follows: chanroblesvirtualawlibrary
"Sec. 33. Illegal fishing; illegal possession of
explosives intended for illegal fishing dealing in illegally caught
fish or fishery/aquatic products. — It shall be unlawful for any person
to catch, take or gather or cause to be caught, taken or gathered fish
or fishery/aquatic products in the Philippine waters with the use of
explosives, obnoxious or poisonous substance, or by the use of
electricity as defined in paragraphs (1), (m) and (d), respectively, of
Sec. 3 hereof: Provided, That mere possession of such explosives with
intent to use the same for illegal fishing as herein defined shall be
punishable as hereinafter provided: Provided, That the Secretary may,
upon recommendation of the Director and subject to such safeguards and
conditions he deems necessary, allow for research, educational or
scientific purposes only, the use of explosives, obnoxious or poisonous
substance or electricity to catch, take or gather fish or
fishery/aquatic products in specified area: Provided, further, That the
use of chemicals to eradicate predators in fishponds in accordance with
accepted scientific fishery practices without causing deleterious
effects in neighboring waters shall not be construed as the use of
obnoxious or poisonous substance within the meaning of this section:
Provided, finally, That the use of mechanical bombs for killing whales,
crocodiles, sharks or other large dangerous fishes, may be allowed,
subject to the approval of the Secretary."
Section 2. Subsection a (1) of Section 38 of the same
Decree is hereby modified to read as follows:cralaw:red
"(1) By the penalty of imprisonment ranging from
twelve (12) years to twenty-five (25) years in the case of mere
possession of explosives intended for illegal fishing; by imprisonment
ranging from twenty (20) years to life imprisonment, if the explosive
is actually used: Provided, That if the use of the explosive results in
1) physical injury to any person, the penalty shall be imprisonment
ranging from twenty-five (25) years to life imprisonment, or 2) in the
loss of human life, then the penalty shall be life imprisonment to
death. " chanroblesvirtualawlibrary
Section 3. Subsection a(4) of Section 38 of the same
Decree is hereby modified to read as follows:cralaw:red
"(4) By imprisonment from five (5) to ten (10) years
for dealing in illegally caught fish or fishery/aquatic products."
Section 4. Section b of Section 38 of the same Decree
is hereby modified to read as follows:cralaw:red
"(b) Trawl Fishing — Violation of Sec. 35 hereof
shall be punished by imprisonment ranging from six (6) months to six
(6) years."
Section 5. Jurisdiction. — The Military Tribunals
created under Presidential Decree No. 39, as amended, shall exercise
exclusive jurisdiction to try cases involving illegal fishing by the
use of explosives, illegal possession of explosives intended for
illegal fishing , and trawl fishing as prohibited under Section 33, 35
and 38 of Presidential Decree No. 704, as hereby amended.
Section 6. Effectivity. — This Decree shall take
effect fifteen (15) days after its publication by the Department of
Information in two (2) newspapers of general circulation. chanroblesvirtualawlibrary
Done in the City of Manila,
this 1st day of December, in the year of Our Lord, nineteen hundred and
seventy-six.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|