Defining Illegal Fishing And Prescribing Stiffer Penalties Therefor

Case Overview and Summary

Summary of Presidential Decree No. 534

Definitions (Section 1):
- Philippine Waters: All bodies of water within Philippine territory, including territorial sea, seabed, insular shelves, and other submarine areas under Philippine sovereignty or jurisdiction.
- Fish and Fishery/Aquatic Products: Includes all fishes, crustaceans, mollusks, and other aquatic animals and their products.
- Fishing with Explosives: Use of dynamite, explosives, or chemical compounds that kill, stupefy, disable, or render fish unconscious upon ignition.
- Fishing with Obnoxious or Poisonous Substance: Use of any substance or chemical that kills, stupefies, disables, or renders fish unconscious.
- Electro-fishing: Use of electricity from batteries, generators, or other sources to kill, stupefy, disable, or render fish unconscious.
- Violation of Rules and Regulations: Violations of Fisheries Administrative Orders, rules, and regulations promulgated by the Secretary of Natural Resources.

Prohibition (Section 2):
- It is unlawful to catch, take, or gather fish or fishery/aquatic products in Philippine waters using explosives, obnoxious or poisonous substances, or electricity, except for research, educational, or scientific purposes allowed by the Secretary of Natural Resources under certain conditions.

Penalties (Section 3):
- Use of explosives: 10 to 12 years imprisonment; if resulting in physical injury, 12 to 20 years; if resulting in loss of human life, 20 years to life, or death.
- Use of obnoxious or poisonous substances: 8 to 10 years imprisonment; if resulting in physical injury, 10 to 12 years; if resulting in loss of human life, 20 years to life, or death.
- Violation of rules and regulations: 6 months to 4 years imprisonment, or a fine of P500 to P5,000.
- If committed by a partnership, association, or corporation, the managing partner, director, or president who ordered or allowed the violation is also liable.

Dealing in Illegally Caught Fish or Fishery/Aquatic Products (Section 4):
- Knowingly possessing, dealing in, selling, or disposing of illegally caught fish or fishery/aquatic products for profit is punishable by 2 to 6 years imprisonment.

Repealing Clause (Section 5):
- Act No. 4003, as amended, Republic Act No. 6451, and other inconsistent laws, decrees, orders, rules, and regulations are repealed or modified accordingly.

Effectivity (Section 6):
- This Decree takes effect upon promulgation.