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PRESIDENTIAL DECREE NO. 1219
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PRESIDENTIAL DECREE NO. 1219 -
PROVIDING FOR THE EXPLORATION, EXPLOITATION, UTILIZATION AND
CONSERVATION OF CORAL RESOURCES
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WHEREAS,
coral resources are known to exist beneath territorial waters and in
the marine economic zone of the Philippines;chanroblesvirtualawlibrary
WHEREAS, the exploitation of these resources, especially the precious
coral varieties, will bring revenue to the country and generate
employment in the processing and utilization of these resources;chanroblesvirtualawlibrary
WHEREAS, it is necessary that the exploration, exploitation,
utilization and conservation of these resources be properly regulated
to ensure the preservation of the country's marine environment; chanroblesvirtualawlibrary
WHEREAS, conservation of ordinary corals is necessary for the
preservation of the natural breeding ground, habitat or abode of fishes
and other marine organism;chanroblesvirtualawlibrary
WHEREAS, ordinary corals are natural protection of the shore and
adjacent infrastructure against destructive effects of wave erosion.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
promulgate the following:cralaw:red
Section 1. Title. — This Decree shall be called "THE
CORAL RESOURCES DEVELOPMENT AND CONSERVATION DECREE." chanroblesvirtualawlibrary
Section 2. Declaration of Policy. — It is hereby
declared to be the policy of the State to promote and regulate the
exploration, exploitation, utilization and conservation of coral
resources, whether existing beneath territorial waters or in the marine
economic zone of the Philippines, and to ensure the protection of these
resources as provided for under other existing laws. chanroblesvirtualawlibrary
Section 3. Definition of Terms. — As used in this
Decree, the following terms are defined as follows:cralaw:red
(a) PERSON — includes a natural or juridical person.
(b) CORAL — consists of small anemone-like organisms
belonging to Phylum coelenterata which secrete their own skeletons of
various forms that may be hard, soft, stony or horny, and shall include
the following:cralaw:red
(i) Precious coral — skeleton of anthozoan
coelenterate characterized as having a rigid axis of compact calcareous
or horny spicules, belonging to the genus corallium as represented by
the red, pink and white corals.
(ii) Semi-precious coral — skeleton of anthozoan
coelenterate characterized by a thorny, horny axis, such as the
Antipatharians as represented by the black corals.
(iii) Ordinary coral — all kinds of coral other than
precious and semi-precious corals. chanroblesvirtualawlibrary
(c) EXPLORATION — the preliminary surveys and random
sampling within a concession area. chanroblesvirtualawlibrary
(d) EXPLOITATION — the actual extraction, gathering
and collection in accordance with acceptable coral development and
conservation practices.
(e) UTILIZATION — all operations involved in the
manufacture, processing or conversion of raw corals into finished
products.
(f) CONSERVATION — the complete preservation or
limited harvesting of coral resources in such a way as not to adversely
affect the sustained productivity of marine eco systems.
(g) CONCESSIONAIRE — the person to whom a concession
has been granted or awarded under the provision of this Decree.
(h) FINISHED PRODUCTS — processed and manufactured
coral articles of trade and commerce in a form that may be immediately
utilized by the end-user or consumer such as, but not limited to,
jewelries or decorative articles.
Section 4. Implementing Agency. — This Decree shall
be implemented by the Secretary of Natural Resources, who shall have
jurisdiction and responsibility in the exploration, exploitation,
utilization and conservation of coral resources.
Section 5. Ordinary Coral. — The gathering,
harvesting, collecting and/or exporting of ordinary coral is
prohibited: Provided, however, That from time to time certain species
in selected areas may be excluded from this prohibition upon
recommendation and subject thereafter, to certain conditions that may
be imposed by the Secretary of Natural Resources. chanroblesvirtualawlibrary
Section 6. Special Permit. — The Secretary of Natural
Resources may issue special permit to any person or institution to
gather in limited quantities any coral for scientific or educational
purposes. chanroblesvirtualawlibrary
Section 7. Concession. — The exploration,
exploitation and utilization of precious and semi-precious coral
resources may be made only upon the award of a concession by the
Secretary of Natural Resources.
Section 8. Concessionaire. — A concessionaire shall
be a Filipino citizen or corporation or partnership at least seventy
(70) percent of the capital stock of which is owned or controlled by
Filipinos. However, such concessionaire may enter into a service
contract with a foreigner or foreign-owned entity to conduct operations
under this Decree pursuant to a duly awarded concession.
Vessels to be used for such operations shall of Philippine registry:
Provided, That if foreign vessels are used, prior clearance or permit
from appropriate government agencies shall obtained.
Concession for precious coral shall be awarded by the Secretary of
Natural Resources to the applicant, who on his own or in joint venture
with others, possesses the technical and financial capability to put up
a processing plant in the Philippines.
Section 9. Export of Precious and Semi-Precious
Coral. — Exportation of precious and semi-precious coral gathered is
hereby prohibited, unless such corals are first processed and
manufactured into finished products in the Philippines.
Section 10. Rules and Regulations. — The Secretary of
Natural Resources shall promulgate the rules and regulations to
implement effectivity the provisions of this Decree. chanroblesvirtualawlibrary
Section 11. Penalties. — any person gathering
precious or semi-precious corals without an awarded concession shall,
upon conviction, be punished by imprisonment of not less than sixty
(60) days or more than six (6) years or a fine of not less than Six
Thousand (P6,000.00) Pesos, or both at the discretion of the court.
Likewise, any person gathering, harvesting, collecting and/or exporting
ordinary corals in violation of Section 5 hereof, or exporting precious
and semi-precious corals in violation of Section 9 hereof, shall, upon
conviction, be punished by imprisonment of not less than thirty (30)
days or more than three (3) years or a fine of not less than Three
Thousand (P3,000.00) Pesos, or both at the discretion of the court:
Provided, That the penalties herein prescribed shall be without
prejudice to the confiscation by the Government of the corals illegally
gathered together with the vessel, the gear and paraphernalia used
therein. Confiscation shall also cover attempted illegal exportation of
corals. chanroblesvirtualawlibrary
Section 12. Repealing Clause. — All laws, executive
orders and regulations inconsistent with the provisions of this Decree
are hereby repealed or modified accordingly.
Section 13. Transitory Provisions. — All possessors
of existing coral stocks gathered prior to the effectivity of this
Decree are required to submit within one (1) month from the approval of
said Decree to the Secretary of Natural Resources, a sworn statement
indicating the quantity, kind, state (raw or processed) and location of
such stock, subject to verification. chanroblesvirtualawlibrary
Section 14. Effectivity. — This decree shall take
effect upon its approval.
DONE in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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