Further Amending Presidential Decree No. 704 By Deleting The Last Paragraph Of Section 38 Thereof
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Further Amending Presidential Decree No. 704 By Deleting The Last Paragraph Of Section 38 Thereof
Presidential Decree No. 1819
January 16, 1981
Case Overview and Summary
Summary of Presidential Decree No. 1819Amends Presidential Decree No. 704 by Deleting the Last Paragraph of Section 38
- Recognizes the resurgence of illegal fishing cases despite the prohibition under Section 33 of Presidential Decree No. 704.
- Acknowledges that despite the increased penalties for illegal fishing under Presidential Decree No. 1058, illegal fishing is still rampant.
- Notes that some prosecutors are hesitant to file illegal fishing cases due to the provision in the last paragraph of Section 38 of Presidential Decree No. 704, which states that action on any violation shall be taken if the Minister so decides.
- To effectively prosecute illegal fishing cases, the last paragraph of Section 38 of Presidential Decree No. 704 is deleted, removing the constraint that action can only be taken if the Minister decides.
- The decree takes effect immediately.
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Executive Issuances
Presidential Decrees
illegal fishing
Presidential Decree No. 704
Section 33
Presidential Decree No. 1058
penalties
Section 38
Minister
prosecution
amendment
Law
Further Amending Presidential Decree No. 704 By Deleting The Last Paragraph Of Section 38 Thereof
Presidential Decree No. 1819
•January 16, 1981
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1819
FURTHER AMENDING PRESIDENTIAL DECREE NO. 704 BY DELETING THE LAST PARAGRAPH OF SECTION 38 THEREOF
WHEREAS, it appears that there is still a resurgence of illegal cases despite the express prohibition thereof under Section 33 of Presidential Decree No. 704;
WHEREAS, despite the promulgation of PD No. 1058 amending PD No. 704 by increasing the penalties for certain forms of illegal fishing and dealing in illegally caught fish or fishery aquatic products and providing that the mere possession of such explosives with intent to use the same in illegal fishing punishable, it appears that illegal fishing is still rampant;
WHEREAS, some fiscals are hesitant and reluctant to file illegal fishing cases against the violators of the fishery laws, rules and regulations because of the provision in the last paragraph of Section 38 of PD No. 704 which states that action on any violation mentioned in Chapter VI thereof shall be taken if the Minister so decides; and
WHEREAS, to effectively and successfully prosecute, illegal fishing...
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