"CHAPTER VI

PROHIBITIONS AND PENALTIES

Section 86. 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 this 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 & 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.

Upon a summary finding of administrative liability, the boat captain and the three (3) highest officers
of the commercial fishing vessel and the owner or operator who violate this provision shall be
penalized with confiscation of catch and gear, and an administrative fine of five (5) times the value of
the catch or the amount indicated below, whichever is higher:

(1) Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) for
small-scale commercial fishing;

(2) One hundred fifty thousand pesos (P150,000.00) to Five hundred thousand pesos
(P500,000.00) for medium-scale commercial fishing; and

(3) One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00) for large-scale
commercial fishing.

Upon conviction by a court of law, the boat captain and the three (3) highest officers of the
commercial fishing vessel shall suffer the penalty of imprisonment of six (6) months and
confiscation of catch and gear and twice the amount of the administrative fine.

(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.

Upon a summary finding of administrative liability, the offender of this provision shall be punished
with an administrative fine equivalent to twice the value of catch or Five thousand pesos
(P5,000.00), whichever is higher, and confiscation of the catch and fishing gear: Provided, That if the
offender fails to pay the fine, he shall render community service.

Section 87. 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 constitute & prima facie presumption that the person is engaged in unauthorized
fisheries activity.
Upon a summary finding of administrative liability, the offender shall be penalized with an
administrative fine of Five hundred thousand pesos (P500,000.00) to One million pesos
(P1,000,000.00), the dismantling or removal of the structure at the expense of the offender, the
rehabilitation of the area affected by the activity and confiscation of stocks.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment of six (6)
months, a fine equivalent to twice the amount of the administrative fine, the dismantling or removal
of the structure at the expense of the offender, the rehabilitation of the area affected by the activity
and confiscation of stocks.

Section 88. 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 three (3) highest officers, of a
commercial fishing vessel to commit acts that are in contravention of the terms and
conditions stated in the fishing permit or as may be promulgated by the Department.

Upon a summary finding of administrative liability, the owner, operator, and the three (3)
highest officers of the commercial fishing vessel who violate this section, shall be punished
with confiscation of the catch and gear and an administrative fine equivalent to five (5) times
the value of the catch or the amount indicated below, whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for
small-scale commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00)

for large-scale commercial fishing vessels less than seven hundred fifty (750) gross
tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos
(P45,000,000.00) for large-scale commercial fishing vessels seven hundred fifty
(750) gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial fishing
vessel shall suffer the penalty of imprisonment of six (6) months and a fine equivalent to
twice the amount of the administrative fine, and confiscation of catch and gear.

Section 89. 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 this Code.

Upon a summary finding of administrative liability, the owner or operator of the municipal or
commercial fishing vessel and the three (3) highest officers of the commercial fishing vessel who
commit unreported fishing within waters of national jurisdiction shall be punished by an
administrative fine equivalent to the value of the catch or the amount indicated below, whichever is
higher:

(1) Five thousand pesos (P5,000.00) for municipal fishing: Provided, That if the offender fails
to pay the fine, he shall render community service;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.

In case of unreported fishing committed in waters beyond national jurisdiction, the owner, operator,
and the three (3) highest officers of the commercial fishing vessel shall be penalized with an
administrative fine equivalent to five (5) times the value of the catch or the amount indicated below,
whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-scale
commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for
large-scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and
Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos (P45,000,000.00) for
large-scale commercial fishing vessels seven hundred fifty (750) gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel shall
suffer the penalty of imprisonment of six (6) months and a fine equivalent to twice the amount of the
administrative fine, and confiscation of catch and gear.

Section 90. Unregulated Fishing. – It shall be unlawful for any person to engage in unregulated
fishing in waters within and beyond national jurisdiction.

Upon a summary finding of administrative liability, the owner, operator, of the municipal or
commercial fishing vessel and the three (3) highest officers of the commercial fishing vessel who
commit unregulated fishing within waters of national jurisdiction shall be punished by confiscation of
catch and gear and an administrative fine equivalent to the value of the catch or amount indicated
below, whichever is higher:

(1) Five thousand pesos (P5,000.00)) for municipal fishing: Provided, That if the offender
fails to pay the fine, he shall render community service;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Two hundred thousand pesos (P200,000.00) for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.
In case of unregulated fishing committed in waters beyond national jurisdiction, the owner, operator,
and the three (3) highest officers of the commercial fishing vessel shall be penalized with
confiscation of catch and gear, and an administrative fine equivalent to five (5) times the value of the
catch or the amount indicated below, whichever is higher:

(1) Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00) for small-scale
commercial fishing;

(2) Ten million pesos (P10,000,000.00) to Fifteen million pesos (P15,000,000.00) for
medium-scale commercial fishing; and

(3) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for
large-scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and
Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos (P45;000,000.00) for
large-scale commercial fishing vessels seven hundred fifty (750) gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel shall
suffer the penalty of imprisonment of six (6) months and a fine equivalent to twice the amount of the
administrative fines, confiscation of catch and gear.

Section 91. Poaching in Philippine Waters. – It shall be unlawful for any foreign person, corporation
or entity to fish or operate any fishing vessel in Philippine waters.

The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie presumption
that the vessel is engaged in fishing in Philippine waters.

Upon a summary finding of administrative liability, any foreign person, corporation or entity in
violation of this section shall be punished by an administrative fine of Six hundred thousand US
dollars (US$600,000.00) to One million US dollars (US$1,000,000.00) or its equivalent in Philippine
currency.

Upon conviction by a court of law, the offender shall be punished with a fine of One million two
hundred thousand US dollars (US$1,200,000.00), or its equivalent in Philippine currency, and
confiscation of catch, fishing equipment and fishing vessel.

If the offender is caught within internal waters, an additional penalty of imprisonment of six (6)
months and one (1) day to two (2) years and two (2) months shall be imposed. If apprehended for
the second time within internal waters, the offender shall be punished with imprisonment of three (3)
years and a fine of Two million four hundred thousand US dollars (US$2,400,000.00) or its
equivalent in Philippine currency: Provided, That no foreign person shall be deported without the
payment of the imposed judicial and/or administrative fines and service of sentence, if any.

Section 92. Fishing Through Explosives, Noxious or Poisonous Substance, or Electricity. – (a) 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 Philippine waters with the use of explosives, noxious or poisonous
substance such as sodium cyanide, which will kill, 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 substances to catch, take or
gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances 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.

The discovery of dynamite, other explosives and chemical compounds which contain combustible
elements, or noxious or poisonous substances, 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 this
Code.

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.

Upon a summary finding of administrative liability, any person found liable for the actual use of
explosives, noxious or poisonous substances shall be punished with confiscation of catch including
those not caught illegally if co-mingled with those caught illegally, gear, explosives and noxious or
poisonous substances, or electrofishing devices and paraphernalia and gear, and an administrative
fine equivalent to five (5) times the value of the catch or the amount of fine indicated below
whichever is higher:

(1) Thirty thousand pesos (P30,000.00) for municipal fishing;

(2) Three hundred thousand pesos (P300,000.00) for small-scale commercial fishing;

(3) One million five hundred thousand pesos (P1,500,000.00) for medium scale commercial
fishing; and

(4) Three million pesos (P3,000,000.00) for large scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment from five (5) to
ten (10) years, confiscation of catch, including those not caught illegally if co-mingled with those
caught illegally, gear, explosives and noxious or poisonous substances, or electrofishing devices
and paraphernalia, gear, and a fine equivalent to twice the amount of the administrative fine, without
prejudice to the filing of separate criminal cases when the use of the same result to physical injury or
loss of human life.

The actual use of electrofishing devices for illegal fishing shall be punished with imprisonment of six
(6) months and a fine of Five thousand pesos (P5,000.00).

(b) It shall be unlawful for any person to possess explosives, and noxious or poisonous substances
for illegal fishing.

Upon a summary finding of administrative liability, the offender shall be punished with confiscation of
catch, gear, and an administrative fine equivalent to five (5) times the value of the catch or the
amount indicated below whichever is higher:

(1) Ten thousand, pesos (P10,000.00) for municipal fishing;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00) for medium scale commercial fishing; and
 (4) One million pesos (P1,000,000.00) for large scale commercial fishing.

Violation of this provision shall be punished with imprisonment from six (6) months to two (2) years,
and a fine equivalent to twice the amount of the administrative fine and confiscation of catch and
gear.

Section 93. Use of Fine Mesh Net. – It shall be unlawful to engage in fishing using nets with mesh
smaller than that which may be determined by the Department: Provided, That the prohibition on the
use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios,
and alamang and other species that by their nature are small but already mature, as identified in the
implementing rules and regulations by the Department.

The discovery of a fine mesh net in a fishing vessel shall constitute a prima facie presumption that
the person or fishing vessel is engaged in fishing with the use of fine mesh net.

Upon a summary finding of administrative liability, the Department shall penalize the owner,
operator, captain or master fisherman in case of commercial fishing vessel, or the municipal
fisherfolk, with confiscation of the catch and fishing gear, and an administrative fine equivalent to
three (3) times the value of the catch or the value indicated below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the

municipal fisherfolk fails to pay the fine, he shall render community service;

(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing;

(4) Two hundred thousand pesos (P200,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, the captain or master fisherman in case of commercial fishing
vessel, or the municipal fisherfolk, shall be punished by imprisonment of six (6) months to two (2)
years and a fine equivalent to twice the administrative fine, and confiscation of catch and gear.

Section 94. Fishing in Overexploited Fishery Management Areas. – It shall be unlawful for any
person to fish in fishery management areas declared as overexploited.

Upon a summary finding of administrative liability, the offender shall be punished with confiscation of
catch and fishing gears, and an administrative fine equivalent to the value indicated below:

(1) Three (3) times the value of catch or Twenty thousand pesos (P20,000.00), whichever is
higher, for municipal fishing: Provided, That if the offender fails to pay the fine, he shall
render community service;

(2) Five (5) times the value of catch or One hundred thousand pesos (P100,000.00),
whichever is higher, for small-scale commercial fishing;

(3) Five (5) times the value of catch or Three hundred thousand pesos (P300,000.00),
whichever is higher, for medium-scale commercial fishing;

(4) Five (5) times the value of catch or Five hundred thousand pesos (P500,000.00),
whichever is higher, for large-scale commercial fishing.
Upon conviction by a court of law, the offender shall be punished by imprisonment of six (6) months
and one (1) day to six (6) years and fine of Five hundred thousand pesos (P500,000.00) to Five
million pesos (P5,000,000.00), confiscation of the catch and fishing equipment used, and
cancellation of fishing permit or license.

Section 95. Use of Active Gear in Municipal Waters, Bays and Other Fishery Management Areas.
– It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery
management areas using active fishing gears as defined in this Code.

Upon a summary finding of administrative liability, the owner, operator, boat captain and master
fisherman of the vessel, or the chief executive officer in a corporation, or the managing partner in a
partnership shall be punished with confiscation of the catch and fishing gears, and a fine three (3)
times the value of the catch or the value indicated below, whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the offender
fails to pay the fine, he shall render community service;

(2) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(3) One hundred thousand pesos (P100,000.00) for medium-scale commercial fishing; and

(4) Five hundred thousand pesos (P500,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of two (2) years
to six (6) years and fine equivalent to twice the administrative fine, confiscation and forfeiture of
fishing gear and catch.

Section 96. Ban on Coral Exploitation and Exportation. – It shall be unlawful for any person or
corporation to gather, possess, commercially transport, sell or export ordinary, semi-precious and
precious corals, whether raw or in processed form, except for scientific or research purposes. It shall
also be unlawful for any person, corporation or entity to commit any activity that damage coral reefs.

Upon a summary finding of administrative liability, the owner/operator of the fishing vessel/s, boat
captain, master fisherman, and recruiter or organizer of fishworkers shall be punished with an
administrative fine equivalent to eight (8) times the value of the corals gathered, possessed,
commercially transported, sold, or exported, or the amount of Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), whichever is higher, and forfeiture of the
subject corals. The offender shall also pay compensation for the restoration of the damaged corals
reefs.

Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or organizer of
fishworkers, shall be punished by imprisonment from ten (10) years to twenty (20) years and a fine
equivalent to twice the administrative fine and forfeiture of the subject corals.

The offender shall also be required to pay the cost of restoration of the damaged coral reefs based
on available studies and as determined by the Department.

Section 97. Ban on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other
Marine Habitat. – (a) It shall be unlawful for any person, natural or juridical, to fish with gear or
method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be
determined by the Department. ‘Muro-ami’ and any of its variation, and such similar gears and
methods that require diving, other physical or mechanical acts to pound the coral reefs and other
habitat to entrap, gather or catch fish and other fishery species are also prohibited.

Upon a summary finding of administrative liability, the owner, operator, boat captain, master
fisherman, and recruiter or organizer of fishworkers who violate this provision shall suffer the penalty
of an administrative fine equivalent to five (5) times the value of the fish caught or Two million pesos
(P2,000,000.00), whichever is higher, and confiscation of catch and gear. The fishworkers who serve
as pounders shall be penalized with a fine of Twenty thousand pesos (P20,000.00) or community
service in case of failure to pay the fine.

Upon conviction by a court of law, the boat captain, master fisherman, and recruiter or organizer of
fishworkers shall be punished with imprisonment of two (2) years to ten (10) years and a fine
equivalent to twice the amount of the administrative fine.

(b) Except in cases allowed by law, it shall be unlawful for any person, natural or juridical, to gather,
possess, commercially transport, sell or export coral sand, coral fragments, coral rocks, silica, and
any other substances which make up any marine habitat.

Upon a summary finding of administrative liability, the person or corporation who violates this
provision shall be punished with an administrative fine of Five million pesos (P5,000,000.00) or five
(5) times the value of the coral rocks, sand, or silica gathered, possessed, commercially transported,
sold, or exported, whichever is higher, and confiscation of the substance.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from two (2)
years to ten (10) years and a fine equivalent to twice the administrative fine, confiscation of catch or
substances and equipment or gear used.

Section 98. Illegal Use of Superlights or Fishing Light Attractor. – It shall be unlawful to engage in
fishing with the use of superlight in municipal waters, or to fish with fishing light attractor using
candlelight power or intensity beyond the standards set by the Department in consultation with the
LGUs for fishing in municipal waters, or in violation of the rules promulgated by the Department for
fishing with the use of superlight or fishing light attractor outside municipal waters.

Upon a summary finding of administrative liability, the offender shall be punished by a fine of Twenty
thousand pesos (P20,000.00) per superlight or fishing light attractor, and confiscation of catch,
superlight or fishing light attractor and gears: Provided, That if the offender is a municipal fisherfolk,
he may render community service in lieu of fine.

Upon conviction by a court of law, the offender shall be punished with imprisonment from six (6)
months to two (2) years and a fine of Forty thousand pesos (P40,000.00) per superlight or fishing
light attractor, and confiscation of catch, superlight or fishing light attractor and gears: Provided, That
if the offender is a municipal fisherfolk, he may render community service in lieu of fine or
imprisonment.

Section 99. Conversion of Mangroves. – It shall be unlawful for any person to convert mangroves
into fishponds or for any other purpose.

Upon a summary finding of administrative liability, the offender shall be penalized with a fine
equivalent to the ecological value of a hectare of mangrove based on available studies or
administrative fine of Ten million pesos (P10,000,000.00) per hectare, whichever is
higher: Provided, That if the area requires rehabilitation or restoration as determined by the
Department, the offender shall also be required to restore or pay for the restoration of the damaged
area.

Upon conviction by a court of law, the offender shall pay a base fine of Eighty thousand pesos
(P80,000.00), a fine equivalent to the administrative penalties, and shall suffer the penalty of
imprisonment of six (6) months and one (1) day to twelve (12) years: Provided, That if the area
requires rehabilitation or restoration as determined by the court, the offender shall also be required
to restore or pay for the restoration of the damage. The offender shall be liable for environmental
damages computed at Five hundred thousand pesos (P500,000.00) per hectare per year until the
area is restored.

Section 100. Fishing During Closed Season. – It shall be unlawful to fish during closed season.

Upon a summary finding of administrative liability, the offender shall be punished with confiscation of
catch and gear and an administrative fine of:

(1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for municipal
fishing, whichever is higher: Provided, That if the offender fails to pay the fine, community
service shall be rendered;

(2) Five times the value of the catch or One hundred thousand pesos (P100,000.00),
whichever is higher for small-scale commercial fishing;

(3) Five times the value of catch or Three hundred thousand pesos (P300,000.00),
whichever is higher for medium-scale commercial fishing; and

(4) Five times the value of catch or Five hundred thousand pesos (P500,000.00), whichever
is higher for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6)
months and one (1) day to six (6) years, confiscation of catch and gear, and fine twice the amount of
the administrative fine and cancellation of license or permit.

Section 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries. – It
shall be unlawful to fish in marine protected areas, fishery reserves, refuge, or fish sanctuaries as
declared by the Department or the LGUs.

Upon a summary finding of administrative liability, the offender shall be punished with confiscation of
catch and gear, and administrative fine of twice the value of the catch or the amount indicated below,
whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, That if the offender
fails to pay the fine, community service shall be rendered;

(2) Two hundred thousand pesos (P200,000.00) for small-scale commercial fishing;

(3) Six hundred thousand pesos (P600,000.00) for medium-scale commercial fishing; and

(4) One million pesos (P1,000,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, violation of this provision shall be punished by imprisonment of
two (2) years to six (6) years and a fine twice the amount of the administrative fine, confiscation of
catch and gear, and cancellation of license or permit.

Section 102. Fishing or Taking of Rare, Threatened or Endangered Species. – (a) It shall be

unlawful to fish or take, catch, gather, sell, purchase, possess, transport, export, forward or ship out
aquatic species listed in Appendix I of the Convention on the International Trade in Endangered
Species of Wild Flora and Fauna (CITES), or those categorized by the International Union for
Conservation of Nature and Natural Resources (IUCN) as threatened and determined by the
Department as such.

Upon a summary finding of administrative liability, the Department shall penalize the offender with a
fine equivalent to five times (5) times the value of the species or Five hundred thousand pesos
(P500,000.00) to Five million pesos (P5,000,000.00), whichever is higher, and forfeiture of the
species.

Upon conviction by a court of law, the offender shall be punished by imprisonment of twelve (12)
years and one (1) day to twenty (20) years and a fine equivalent to twice the administrative fine,
forfeiture of the species and the cancellation of fishing permit.

(b) It shall be unlawful to fish, take, catch, gather, sell, purchase, possess, transport, export, forward
or ship out aquatic species listed in CITES Appendices II and III if scientific assessments show that
population of the species in the wild cannot remain viable under pressure of collection and
trade: Provided, That the taking or fishing of these species from the wild for scientific research, or
conservation breeding simultaneous with commercial breeding may be allowed.

Upon a summary finding of administrative liability, the Department shall penalize the offender with a
fine equivalent to three (3) times the value of the species or Three hundred thousand pesos
(P300,000.00) to Three million pesos (P3,000,000.00), whichever is higher, and forfeiture of the
species.

Upon conviction by a court of law, the offender shall be punished by imprisonment of five (5) to eight
(8) years and a fine equivalent to twice the administrative fine and forfeiture of the species.

(c) It shall be unlawful to gather, take, possess, transport, or export, forward or ship out captive-bred
species that have been transplanted to the wild.

Upon a summary finding of administrative liability, the offender shall be penalized with a fine
equivalent to three (3) times the value of the species or Three hundred thousand pesos
(P300,000.00) to Three million pesos (P3,000,000.00), whichever is higher, and forfeiture of the
species.

Upon conviction by a court of law, the offender shall be punished by imprisonment of five (5) to eight
(8) years, a fine equivalent to three (3) times the value of the species or Three million pesos
(P3,000,000.00), whichever is higher, and forfeiture of the species.

Should the violation be committed by a vessel manned by more than two (2) persons, the captain,
master, and two highest ranking officers of the vessel involved in the fishing or taking of such
protected marine life shall be presumed to have committed the prohibited act.
Section 103. 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 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 that shall be promulgated by the Department.

Upon a summary finding of administrative liability, an offender shall be punished with a fine
equivalent to five (5) times the value of the sabalo, other breeders, or spawners gathered or
captured, or Five hundred thousand pesos (P500,000.00), whichever is higher, and forfeiture of
catch and gear.

Upon conviction by a court of law, the offender shall be punished by imprisonment of six (6) months
and one (1) day to eight (8) years and a fine equivalent to twice the amount of the administrative
fine, forfeiture of catch and fishing equipment used, and suspension or revocation of license.

Section 104. Exportation of Breeders, Spawners, Eggs or Fry. – Exportation of breeders, spawners,

eggs or fry as prohibited in this Code shall be punished under this Act: Provided, That the export of
hatchery-bred or captive-bred breeder, spawner, egg or fry, may be allowed subject to the
regulations to be promulgated by the Department.

Failure on the part of the shipping or forwarding company from whose possession the breeders,
spawners, eggs, or fry are discovered or seized to fully cooperate in the investigation conducted by
concerned government authorities on the matter shall create a presumption that there is connivance
or conspiracy between the company and the shipper to violate the provisions of this section.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine equivalent to three (3) times the value of the breeders, spawners, eggs, or fry
exported or One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00), whichever is higher, confiscation of breeders, spawners, eggs or fry, suspension or
revocation of license for commercial fishing and/or registration as exporter.

Upon conviction by a court of law, the offender shall be punished by imprisonment of eight (8) years
to ten (10) years, confiscation of breeders, spawners, eggs or fry, a fine equivalent to twice the
amount of the administrative fine, revocation of the fishing license, and/or suspension or revocation
of registration as exporter.

Section 105. Importation or Exportation of Fish or Fishery Species. – Any importation or exportation

of fish or fishery species in violation of this Code shall be unlawful.

Failure on the part of the shipping or forwarding company from whose possession the fish or fishery
species imported or exported are discovered or seized to fully cooperate in the investigation
conducted by concerned government authorities shall create a presumption that there is connivance
or conspiracy between the shipping company and the shipper to perpetrate the aforementioned
offense.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of five (5) times the value of the species or Three hundred thousand pesos
(P300,000.00) to Five hundred thousand pesos (P500,000.00), whichever is higher, and forfeiture
and/or destruction of the species.
Upon conviction by a court of law, the offender shall be punished with eight (8) years of
imprisonment and fine of twice the administrative fine, forfeiture and/or destruction of the
species: Provided, That offenders 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 106. Violation of Harvest Control Rules. – It shall be unlawful for any person to fish in
violation of harvest control rules as determined by the Department.

Upon a summary finding of administrative liability, the offender shall be punished with confiscation of
catch and fishing gear, revocation of license and an administrative fine of:

(1) Three times the value of the catch or Twenty thousand pesos (P20,000.00) for municipal
fishing, whichever is higher: Provided, That if the offender fails to pay the fine, community
service shall be rendered;

(2) Five times the value of the catch or One hundred thousand pesos (P100,000.00)
whichever is higher for small-scale commercial fishing;

(3) Five times the value of the catch or One million pesos (P1,000,000.00), whichever is
higher for medium-scale commercial fishing; and

(4) Five times the value of the catch or Five million pesos (P5,000,000.00), whichever is
higher, for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6)
months and one (1) day to six (6) years and a fine twice the administrative fine, confiscation of catch
and fishing gear, and revocation of license.

Section 107. Aquatic Pollution. – Aquatic pollution, as defined in this Code, shall be unlawful.

Upon a summary finding of administrative liability, the offender shall be punished with fine of Three
hundred thousand pesos (P300,000.00) to Five hundred thousand pesos (P500,000.00) and an
additional fine of Fifteen thousand pesos (P15,000.00) per day until the violation ceases and the
fines are paid, the imposition of cease and desist order, closure or suspension of the development,
construction or facility, or cessation of operations, or disconnection of water supply. The order may
be issued ex parte pending resolution of the case.

Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6) years
and one (1) day to twelve (12) years and a fine twice the amount of the administrative fine and an
additional fine of Fifteen thousand pesos (P15,000.00) per day until the violation ceases and the
fines are paid, the imposition of cease and desist order, closure or suspension of the development,
construction or facility, or cessation of operations, or disconnection of water supply. The order may
be issued ex parte pending resolution of the case.

Section 108. 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 liable
administratively and criminally.
Upon apprehension, the fishing vessel shall be escorted to the nearest port or landing point and
prevented from continuing with the fishing activity.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of One hundred thousand pesos (P100,000.00) and suspension or cancellation of
permit or license and impoundment of the vessel until the safety standard has been complied with.

Upon conviction by a court of law, the offender shall suffer the penalties of imprisonment from one
(1) month and one (1) day to six (6) months and a fine of twice the amount of the administrative fine,
suspension or cancellation of permit or license and impoundment of the vessel until the safety
standard has been complied with.

Section 109. Failure to Submit a Yearly Report on All Fishponds, Fish Pens and Fish Cages. – It
shall be unlawful for owners and operators of fishponds, fishpens and fish cages to fail to submit an
annual report to the Department pursuant to Section 57 of this Code.

Upon summary finding of administrative liability, the owner of the fishpond, fishpen or fish cage shall
be imposed a fine of Five thousand pesos (P5,000.00) per unreported hectare. In case the fishpond
is covered by FLA, nonsubmission of a report for two (2) consecutive years shall result to its
cancellation.

Upon conviction by a court of law, the offender shall be punished with twice the amount of the
administrative fine.

Section 110. Gathering and Marketing of Shell Fishes or Other Aquatic Species. – It shall be
unlawful for any person to gather, take, sell, transfer, possess, commercially transport, export,
forward or ship out any sexually mature shell fish or other aquatic species identified by the
Department, or below the minimum size, or above the maximum quantities prescribed for the
species. Other parameters for the protection of heavily traded aquatic species may be promulgated
by the Department.

Upon a summary finding of administrative liability, the penalty of an administrative fine equivalent to
the value of the species or Fifty thousand pesos (P50,000.00), whichever is higher, and confiscation
of the same, cancellation of permit or license shall be imposed upon the offender.

Upon conviction by a court of law, the offender shall be punished by imprisonment from one (1)
month and one (1) day to six (6) months and fine equivalent to twice the amount of the
administrative fine, and cancellation of the permit or license.

Section 111. Obstruction to Navigation or Flow or Ebb of Tide in any Stream, River, Lake or Bay.
– It shall be unlawful for any person to cause obstruction to navigation or flow or ebb of tide.

Upon a summary finding of administrative liability, the offender shall be punished with a fine of Two
hundred thousand pesos (P200,000.00) and the dismantling of the obstruction, fish corrals/traps, fish
pens or fish cages at the expense of the offender.

Upon conviction by a court of law, the offender shall be punished with imprisonment from one (1)
month and one (1) day to six (6) months and fine of twice the amount of the administrative fine,
confiscation of stocks and dismantling of the obstruction, fish corrals/traps, fish pens or fish cages at
the expense of the violator.
Section 112. Noncompliance with Good Aquaculture Practices. – Fishery operations involving the
breeding and farming of fish and other fishery species shall comply with good aquaculture practices
and the guidelines for environmentally-sound design and operation for the sustainable development
of the aquaculture industry which shall be promulgated by the Department.

Upon a summary finding of administrative liability, the offender who commits any violation of the
rules and regulations, or provisions thereof, shall be punished with an administrative fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00) per day until the
violation ceases and the fines are paid.

Upon conviction by a court of law, the offender shall be punished with imprisonment of three (3)
years and fine of twice the amount of the administrative fine.

Section 113. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk, Fishworker or

Crew. – (a) The owner or operator of a commercial fishing vessel employing unlicensed fisherfolk or
fishworker or crew shall, upon a summary finding of administrative liability, be fined Four thousand
pesos (P4,000.00) for each unlicensed fisherfolk or fishworker or crew and suspension or revocation
of license for commercial fishing.

(b) It shall likewise be unlawful for Philippine flagged fishing vessels engaged in distant water fishing
to employ unlicensed fisherfolk or fishworker or crew.

The owner and operator of the distant water fishing vessel, upon a summary finding of administrative
liability, shall be fined Forty thousand pesos (P40,000.00) for each unlicensed fisherfolk, fishworker
or crew and suspension or cancellation of license.

The owner and operator of the commercial fishing vessel or distant water fishing vessel shall upon
conviction by a court of law, be fined with twice the amount of the administrative fine and suspension
or cancellation of license.

Section 114. Obstruction of Defined Migration Paths. – It shall be unlawful for any person to
obstruct any defined migration path of anadromous, catadromous and other migratory species.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of One hundred fifty thousand pesos (P150,000.00) to Five hundred thousand
pesos (P500,000.00), dismantling of the obstruction at the expense of the offender, and the
suspension or revocation of the permit or license.

Upon conviction by a court of law, the offender shall be punished with imprisonment of seven (7)
years to twelve (12) years and fine of twice the amount of the administrative fine, dismantling of the
obstruction at the expense of the offender, and the suspension or revocation of the permit or license.

Section 115. Obstruction to Fishery Law Enforcement Officer. – The fishing vessel owner, master or
operator or any other person acting on behalf of any fishing vessel who assaults, resists, intimidates,
harasses, seriously interferes with, or unduly obstructs or delays a fishery law enforcement officer,
authorized inspector or observer, the deputized fishwarden of the LGU, or any lawfully-boarding
government officers, in the exercise of their duties shall be penalized under this Code. Any person
who does not allow any authorized officer or an observer to exercise any of the legal duties shall be
deemed to be obstructing that officer or person.
Upon a summary finding of administrative liability, the offender shall be punished with cancellation of
license or permit and an administrative fine of One million pesos (P1,000,000.00) for fishing vessels
operating in Philippine waters or Two million pesos (P2,000,000.00) for fishing vessels operating
beyond Philippine waters.

Upon conviction by a court of law, the offender shall be punished with imprisonment from six (6)
months to two (2) years and a fine twice the amount of the administrative fine and cancellation of
license or permit.

Section 116. Noncompliance with Fisheries Observer Coverage. – (a) It shall be unlawful for

Philippine distant water fishing vessel to sail without a fisheries observer on board as required by
RFMO conservation and management measures.

(b) It shall be unlawful for commercial fishing vessels to sail without a fisheries observer in
compliance with this Code and the rules and regulations promulgated by the Department.

Upon a summary finding of administrative liability, an offender shall be punished with a fine of Five
hundred thousand pesos (P500,000.00) and forfeiture of the catch and gear.

Upon conviction by a court of law, the offender shall be punished with imprisonment of one (1)
month and one (1) day to six (6) months and fine of twice the amount of the administrative fine,
confiscation of catch and suspension or cancellation of license.

Section 117. Noncompliance with Port State Measures. – No foreign fishing vessel shall be allowed
entry without providing at least twenty-four (24)-hour prior notice. When a foreign fishing vessel is
granted entry, failure to provide a catch report shall be deemed unlawful. It shall likewise be unlawful
for any person to fail to comply with other rules on port state measures promulgated by the
Department in coordination with port state authorities.

Failure to comply with the 24-hour period may result in denial of permission to enter or use of port
facilities and the vessel may be subject to onboard inspection and/or impoundment.

Section 118. Failure to Comply with Rules and Regulations on Conservation and Management
Measures. – It shall be unlawful for any person to fail to comply with conservation and management
measures adopted in rules and regulations to be promulgated by the Department pursuant to
international conventions, RFMO resolutions and laws of coastal states where Philippine vessels
fish.

Upon a summary finding of administrative liability, violation of the rules and regulations promulgated
by the Department shall be punished with confiscation of catch and suspension or cancellation of
license or permit and an administrative fine of twice the value of the catch or the amount indicated
below whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal fishing or community service in case
of failure to pay the fine;

(2) One million pesos (P1,000,000.00) for small-scale commercial fishing;

(3) Two million five hundred thousand pesos (P2,500,000.00), for medium-scale commercial
fishing; and
 (4) Five million pesos (P5,000,000.00), for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall be punished with imprisonment of six (6)
months and fine twice the amount of the administrative fine, and confiscation of the catch and
suspension or cancellation of license.

Section 119. Noncompliance with Vessel Monitoring Measures. – No municipal, commercial or

distant water fishing vessel shall engage in fishing activity without complying with the vessel
monitoring measures promulgated by the Department in coordination with the LGUs: Provided, That
for vessels operating in Philippine waters, only the catcher vessel shall be covered by this
requirement. It shall also be unlawful to intentionally tamper with, switch off or disable the vessel
monitoring system.

Upon a summary finding of administrative liability, the fishing vessel owner, master or any other
person acting on behalf of the vessel owner shall be punished with confiscation of catch, suspension
or revocation of the license and an administrative fine equivalent to twice the value of the catch or
the amount indicated below, whichever is higher:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;

(2) Two hundred fifty thousand pesos (P250,000.00) for small-scale commercial fishing;

(3) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing; and

(4) Two million five hundred thousand pesos (P2,500,000.00) for large-scale commercial
fishing.

In case of violation committed in waters beyond national jurisdiction, the administrative fine shall be
equivalent to five times the value of the catch or twice the amount indicated above, whichever is
higher.

Upon conviction by a court of law, the master or any other person acting on behalf of the vessel
owner shall be punished with imprisonment of six (6) months to two (2) years and fine twice the
amount of the administrative fine, confiscation of catch and suspension or revocation of the license.

Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from
the Department. – It shall be unlawful for any person to construct or import fishing vessels or gears
or to convert other vessels into fishing vessels without permit from the Department.

Upon a summary finding of administrative liability, the offender shall be imposed the penalty of an
administrative fine of:

(1) Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;

(2) Five hundred thousand pesos (P500,000.00) for medium-scale commercial fishing; and

(3) Two million five hundred thousand pesos (P2,500,000.00) for large-scale commercial
fishing.
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from one (1)
month and one (1) day to six (6) months and fine of twice the amount of the administrative fine.

Section 121. Use of Unlicensed Gear. – Any person who uses a fishing gear or method for
commercial fishing without license from the Department shall, upon a summary finding of
administrative liability, be fined from Two hundred thousand pesos (P200,000.00) to Five hundred
thousand pesos (P500,000.00) per gear depending on the seriousness of the violation.

Upon conviction by a court of law, the offender shall be imposed the penalty of fine from Four
hundred thousand pesos (P400,000.00) to One million pesos (P1,000,000.00) depending on the
seriousness of the violation.1âwphi1

Section 122. Falsifying,  Concealing or Tampering with Vessel Markings, Identity or Registration. – It

shall be unlawful for any person to falsify, conceal vessel identity or lack of registration or tamper
with the vessel markings, identity or registration.

Upon a summary finding of administrative liability, the offender shall be imposed the penalty of
confiscation of catch and suspension or cancellation of license and an administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.

In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount
indicated above.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from two (2)
years to six (6) years and a fine equivalent to twice the amount of the administrative fine,
confiscation of catch and suspension or cancellation of license.

Section 123. Concealing, Tampering or Disposing of Evidence Relating to an Investigation of a

Violation. – It shall be unlawful for any person to conceal, tamper or dispose evidence relating to an
investigation of a violation.

Upon a summary finding of administratively liability, the offender shall be punished with suspension
or cancellation of license and an administrative fine of:

(1) Ten thousand pesos (P10,000.00) for municipal fishing or community service in case of
failure to pay the fine;

(2) One hundred thousand pesos (P100,000.00) for small-scale commercial fishing;

(3) One million pesos (P1,000,000.00) for medium-scale commercial fishing; and

(4) Five million pesos (P5,000,000.00) for large-scale commercial fishing.

In case of violation by distant water fishing vessels, the administrative fine shall be twice the amount
indicated above.

Upon conviction by a court of law, the offender shall be imposed the penalty of imprisonment from
five (5) years to ten (10) years and fine equivalent to twice the administrative fine, and suspension or
cancellation of the license.

Section 124. Noncompliance with the Requirements for the Introduction of Foreign or Exotic Aquatic
Species. – It shall be unlawful to import, introduce, or breed, foreign or exotic aquatic species
without the conduct of risk analysis and prior approval of the Department.

Upon a summary finding of administrative liability, the offender shall be punished with a fine of Two
hundred thousand pesos (P200,000.00) to Six million pesos (P6,000,000.00) and confiscation and
destruction of the foreign or exotic species. Should the species become invasive and result to
predation of native aquatic biota, loss of income or damage to the habitat, the offender shall bear the
costs of containment, eradication and/or restoration.

Upon conviction by a court of law the offender shall suffer the penalty of imprisonment of six (6)
years to (12) years and fine from Four hundred thousand pesos (P400,000.00) to Twelve million
pesos (P12,000,000.00), confiscation of foreign or exotic species and the costs for containment,
eradication or restoration.

Section 125. Failure to Comply with Standards and Trade-Related Measures. – It shall be unlawful
for any person to fail to comply with standards for weights, volume, quality and other requirements
for all fishery transactions and trade and trade-related measures prescribed by the Department.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of Fifty thousand pesos (P50,000.00) to Two million pesos (P2,000,000.00),
depending on the seriousness, extent and volume of trade associated with the violation, confiscation
of the shipment or fishery products and suspension or revocation of registration or license.

Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from six (6)
months to two (2) years and a fine from One hundred thousand pesos (P100,000.00) to Four million
pesos (P4,000,000.00) depending on the seriousness, extent and volume of trade associated with
the violation, confiscation of the shipment or fishery products and suspension or revocation of
registration or license.

Section 126. Possessing, Dealing in or Disposing Illegally Caught or Taken Fish. – It shall be

unlawful to ship, commercially transport, offer for sale, sell, import, export, or have custody, control,
or possession of, or to deal in or in any manner dispose of any fish or species caught, taken or
retained in violation of this Code.

The discovery of any fish or species caught with the use of explosives or noxious or poisonous
substances shall constitute a prima facie presumption that the possessor, seller, fish dealer,
transporter, importer, or exporter thereof has knowledge that the fish or species was caught or taken
in violation of this Code.

Upon a summary finding of administrative liability, the offender shall be punished with an
administrative fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos
(P200,000.00) or five (5) times the value of fish or species, whichever is higher, and confiscation of
the same.
Upon conviction by a court of law, the offender shall suffer the penalty of imprisonment from six (6)
months to two (2) years, and fine of eight (8) times the value of the species or from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00), whichever is higher
and confiscation of the fish or fishery products and suspension or revocation of registration or
license.

Section 127. Unauthorized Disclosure of Sensitive Technical Information. – Data from the vessel
monitoring system or vessel monitoring measure and other related data arising therefrom shall be
considered as sensitive technical information. Any unauthorized disclosure of said data including all
other data referred to in Section 155 in this Code, by any person shall be penalized with
imprisonment of six (6) months and one day to six (6) years, removal from office and forfeiture of all
retirement benefits, where applicable.

Section 128. Other Violations. – In addition to the prohibitions in this Code, the Department, in
consultation with the LGUs, local FARMCs and NFARMC, shall issue fishery administrative orders or
regulations for the conservation, preservation, management and sustainable development of
fisheries and aquatic resources.

Violation of administrative orders or regulations promulgated by the Department or any provision

thereof shall subject the offender to a fine of One hundred thousand pesos (P100,000.00) to Five
million pesos (P5,000,000.00), depending on the socioeconomic impact and seriousness of the
violation, volume and value of the fisheries product, damage to the environment due to the violation,
and the habituality of the offender.

Section 129. Escalation Clause. – The fines herein prescribed shall be increased by at least ten
percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent
function of such fines."

REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

hapter 6
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.- For actual
exceedance of any pollution or air quality   standards under this Act or its
rules and regulations, the Department, through the Pollution Adjudication
Board   (PAB), shall impose a fine of not more than One hundred thousand pesos
(P100,000.00) for every day of   violation against the owner or operator of a
stationary source until such time that the standards have been  complied with.
For purposes of the application of the fines, the PAB shall prepare a fine
rating system to adjust the maximum   fine based on the violator’s ability to
pay, degree of willfulness, degree of negligence, history of non-
compliance   and degree of recalcitrance: Provided, That in case of
negligence, the first time offender’s ability to pay may   likewise be
considered by the Pollution Adjudication Board: Provided, further, That in the
absence of any   extenuating or aggravating circumstances, the amount of fine
for negligence shall be equivalent to one-half of 
the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%),
every three (3) years to   compensate for inflation and to maintain the
deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of
development, construction, or operations of   the stationary sources until
such time that proper environmental safeguards are put in place: Provided,
That an   establishment liable for a third offense shall suffer permanent
closure immediately. This paragraph shall be   without prejudice to the
immediate issuance of an ex parte order for such closure, suspension of
development   or construction, or cessation of operations during the pendency
of the case upon prima facie evidence that   their is imminent threat to
life, public health, safety or general welfare, or to plant or animal life, or
whenever   there is an exceedance of the emission standards set by the
Department and/or the Board and/or the   appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle
shall be registered with the DOTC unless   it meets the emission standards set
by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs,
such as, but not limited to   smoke-belching, shall be subjected to an
emission test by a duly authorized emission testing center. For
this   purpose, the DOTC or its authorized testing center shall establish a
roadside inspection system. Should it be   shown that there was no violation
of emission standards, the vehicle shall be immediately released.
Otherwise,  a testing result indicating an exceedance of the emission
standards would warrant the continuing custody of   the impounded vehicle
unless the appropriate penalties are fully paid, and the license plate is
surrendered to 
the DOTC pending the fulfillment of the undertaking by the owner/operator of
the motor vehicle to make the   necessary repairs so as to comply with the
standards. A pass shall herein be issued by the DOTC to authorize   the use of
the motor vehicle within a specified period that shall not exceed seven (7)
days for the sole purpose   of making the necessary repairs on the said
vehicle. The owner/operator of the vehicle shall be required to   correct its
defects and show proof of compliance to the appropriate pollution control
office before the vehicle   can be allowed to be driven on any public or
subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo
a seminar on pollution control   management conducted by the DOTC and shall
also suffer the following penalties:chanroblesvirtuallawlibrary
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and
not to exceed Four 
Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration
(MVR) and a fine of not less than   Four Thousand Pesos (P4,000.00) and not
more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to
national inspection and maintenance   program, including technicians and
facility compliance shall penalized with a fine of not less than
Thirty   Thousand Pesos (P30,000.00) or cancellation of license of both the
technician and the center, or both, as   determined by the DTI. chanrobles virtualawlibrary

All law enforcement officials and deputized agents accredited to conduct

vehicle emissions testing and   apprehensions shall undergo a mandatory
training on emission standards and regulations. For this purpose,   the
Department, together with the DOTC, DTI, DOST, Philippine National Police
(PNP) and other concerned   agencies and private entities shall design a
training program.
SEC. 47. Fines and Penalties for Violations of Other Provisions in
the Act.- For violations of all other provisions   provided in this Act and
of the rules and regulations thereof, a fine of not less than Ten thousand
pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six
(6) months to six (6) years   imprisonment or both shall be imposed. If the
offender is a juridical person, the president, manager, directors,   trustees,
the pollution control officer or the officials directly in charge of the
operations shall suffer the penalty   herein provided.
SEC. 48. Gross Violations.- In case of gross violation of this Act or its
implementing rules and regulations, the   PAB shall recommend to the proper
government agencies to file the appropriate criminal charges against
the   violators. The PAB shall assist the public prosecutor in the litigation
of the case. Gross violation shall mean:chanroblesvirtuallawlibrary

[a]   three (3) or more specific offenses within a period of one (1) year;
[b] three (3) or more specific offenses with 
three (3) consecutive years;
[c] blatant disregard of the orders of the PAB, such s but not limited to the
breaking  of seal, padlocks and other similar devices, or operation despite
the existence of an order for closure,   discontinuance or cessation of
operation; and
[d] irreparable or grave damage to the environment as a   consequence of any
violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years
but not more than ten (10) years   at the discretion of the court. If the
offender is a juridical person, the president, manager, directors, trustees,
the   pollution control officer or the officials directly in charge of the
operations shall suffer the penalty herein   provided. .
cralaw

Chapter 7
Final Provisions
SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of
Labor is hereby authorized to establish a   compensation, retraining and
relocation program to assist workers laid off due to a company’s compliance
with   the provisions of this Act.
SEC. 50. Appropriations.- An amount of Seven Hundred Fifty Million Pesos
(P750,000,000.00) shall be   appropriated for the initial implementation of
this Act, of which, the amount of Three Hundred Million
Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred
Million Pesos (P200,000,000.00)   to the DTI; One Hundred Fifty Million Pesos
(P150,000,000.00) to the DOTC; and One Hundred Million   Pesos
(P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of
this Act shall be included in the   General Appropriations Act.
SEC. 51. Implementing Rules and Regulations.- The Department, in
coordination with the Committees on   Environment and Ecology of the Senate
and House of Representatives, respectively and other agencies,
shall   promulgate the implementing rules and regulations for this Act, within
one (1) year after the enactment of this   Act: Provided, That rules and
regulations issued by other government agencies and instrumentalities for
the   prevention and/or abatement of pollution not inconsistent with this Act
shall supplement the rules and   regulations issued by the Department pursuant
to the provisions of this Act.
SEC. 52. Report to Congress.- The Department shall report to Congress, not
later than March 30 of every year   following the approval of this Act, the
progress of the pollution control efforts and make the
necessary   recommendations in areas where there is need for legislative
action.
SEC. 53. Joint Congressional Oversight Committee.-  There is hereby
created a joint congressional oversight committee to monitor the
implementation of this Act. The committee shall be composed of five (5)
senators and five (5) representatives to be appointed by the Senate President
and the Speaker of the House of Representatives,   respectively, the oversight
committee shall be co-chaired by a senator and a representative designated by
the   Senate President and the Speaker of the House of Representatives,
respectively.
The mandate given to the joint congressional oversight committee under this
Act shall be without prejudice to   the performance of the duties and
functions by the respective existing oversight committees of the Senate
and   the House of Representatives.