Amending Presidential Decree No. 704, DatedMay 16, 1975, By Increasing The Penalties For Certain Forms Of Illegal Fishing, Dealing In Illegally Caught Fish Or Fishery/Aquatic Products, And

Case Overview and Summary

Summary of Presidential Decree No. 1058

Amending Presidential Decree No. 704 by Increasing Penalties for Illegal Fishing

- Prohibits catching, taking or gathering fish or aquatic products in Philippine waters using:
    - Explosives (Section 1, Section 33)
    - Obnoxious or poisonous substances (Section 1, Section 33)
    - Electricity (Section 1, Section 33)
- Mere possession of explosives intended for illegal fishing is punishable. (Section 1, Section 33)
- Exceptions:
    - Research, educational or scientific purposes allowed with approval (Section 1, Section 33)
    - Use of chemicals to eradicate predators in fishponds allowed (Section 1, Section 33)
    - Use of mechanical bombs to kill whales, crocodiles, sharks allowed with approval (Section 1, Section 33)

Penalties:

- Possession of explosives for illegal fishing:
    - 12 to 25 years imprisonment (Section 2, Section 38(a)(1))
- Using explosives for illegal fishing:
    - 20 years to life imprisonment (Section 2, Section 38(a)(1))
    - If physical injury results, 25 years to life imprisonment (Section 2, Section 38(a)(1))
    - If loss of human life results, life imprisonment to death (Section 2, Section 38(a)(1))
- Dealing in illegally caught fish or aquatic products:
    - 5 to 10 years imprisonment (Section 3, Section 38(a)(4))
- Trawl fishing violation:
    - 6 months to 6 years imprisonment (Section 4, Section 38(b))

- Military Tribunals have exclusive jurisdiction over cases involving illegal fishing by explosives, possession of explosives for illegal fishing, and trawl fishing. (Section 5)

- Effective 15 days after publication in two newspapers of general circulation. (Section 6)