
.
Sponsored
by: The
ChanRobles Group
A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the Chan Robles Virtual Law Library.

Search
for www.chanrobles.com

|
|
|
|

| REPUBLIC ACT NO. 1535 - AN
ACT AMENDING SECTION ONE, TWO, THREE AND FOUR OF REPUBLIC ACT NUMBERED
FOUR HUNDRED TWENTY-EIGHT, ENTITLED "AN ACT TO DECLARE ILLEGAL THE
POSSESSION, SALE OR DISTRIBUTION OF FISH OR OTHER AQUATIC ANIMALS
STUPEFIED, DISABLED OR KILLED BY MEANS OF DYNAMITE OR OTHER EXPLOSIVE
OR TOXIC SUBSTANCES AND PROVIDING PENALTIES THEREFOR" |
| Section 1.
Section one, two, three and four of Republic Act Numbered Four hundred
and twenty-eight are hereby amended to read as follows: "Section 1. It
shall be unlawful for any person knowingly to possess, sell or
distribute, in any place and manner, fish or other aquatic animals
stupefied, disabled of killed by means of dynamite or other explosive
or toxic substances.
"Any fisherman who possesses, sells or distributes fish or other aquatic animals found to have been so stupefied, disabled or killed, shall be presumed prima facie to have knowledge of such fact. "Section 2. Any person violating the provision of section one hereof shall be penalized as follows: "(a) If the
total value of all the fish or other aquatic animals in possession,
sale or distribution does not exceed one hundred pesos, by a fine of
not less than one hundred pesos nor more than five hundred pesos, or by
imprisonment of not less than one month nor more than six months, or by
both such fine and imprisonment in the discretion of the court;
"(b) If the total value of all the fish or other aquatic animals in possession, sale or distribution exceeds one hundred pesos, by a fine of not less than two hundred pesos nor more than one thousand pesos, or by imprisonment of not less than two months nor more than one year, or by both such fine and imprisonment in the discretion of the court." "Section 3. Any
person who buys or receives fish or other aquatic animals knowing the
same to have been stupefied, disabled or killed in violation of this
Act, shall be punished under section two hereof, unless before his
apprehension he denounces the vendor or the giver of such fish or other
aquatic animals, to the competent authorities, in which case he shall
be exempted from criminal liability.
"Any person who has bought or
acquired fish or other aquatic animals found to be stupefied, disabled
or killed in violation of this Act, shall, upon discovery of said
violation, denounce the same to the proper authorities who shall
forthwith take necessary steps leading to the corresponding
investigation and prosecution of the offender under this Act. Failure
on the part of said person to do so within forty-eight hours after the
discovery of the violation shall subject him to the penalty prescribed
by subsection (a) of section two hereof, regardless of the total value
of the fish and other aquatic animals involved.
"Section 4. Any
policeman, peace, officer, agent authorized by the Bureau of Fisheries,
sanitary inspector, or employee of the Bureau of Health, or any person
in authority, who, having acquired knowledge of any violation of this
Act, by denunciation or otherwise, should without just cause, fail to
take the necessary steps leading to the investigation and prosecution
of the offense, or should hinder or unnecessarily delay said
investigation and prosecution, shall be removed or suspended from
office and punished under section two hereof as co-principal in the
commission of the crime.
"Any officer or person mentioned
in the preceding paragraph is authorized to take from among the fishes
or aquatic animals believed to have been stupefied or killed in
violation of this Act the necessary samples, in not more than one kilo,
for examination, issuing a receipt therefor with specification of the
kind and the quality of fish or other aquatic animals taken by him as
well as their value obtaining in the market that day. If after the
examination, such fish or aquatic animals are found not to have been
stupefied or killed in violation of this Act, the person from whom they
are taken as samples shall be paid their value as herein stated, said
payment to be borne and defrayed by the government office or agency to
which the person or officer mentioned in the first paragraph of this
section is connected from funds appropriated for said purpose. The
officer or person in authority or agent of authority who does not
submit the sample taken for examination or does not give the person
from whom it was taken a report of such examination within ten days
shall be punished upon conviction by a fine of not exceeding five
hundred pesos, or by imprisonment for not more than six months, or both
such fine and imprisonment, in the discretion of the court."
Section 2. This Act shall take effect upon its approval. Approved: June 16, 1956 |


|
|
|
|
|
Harvard Computer Systems, Inc. |

Search
for www.chanrobles.com