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. 1819

Amends 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.

Amends

n/a

Amended by

n/a

Tags

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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Further Amending Presidential Decree No. 704 By Deleting The Last Paragraph Of Section 38 Thereof

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

illegal fishing

Presidential Decree No. 704

Section 33

Presidential Decree No. 1058

penalties

Section 38

Minister

prosecution

amendment

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...
Login to see full content

Further Amending Presidential Decree No. 704 By Deleting The Last Paragraph Of Section 38 Thereof