Illegal Fishing

Prima Facie Evidence

1. Discovery of any person in an area where he has no permit or registration papers for a
fishing vessel. Provided, that fishing for daily food sustenance or for leisure which is not for
commercial, occupation or livelihood purposes may be allowed.

2. The entry of any foreign fishing vessel in Philippine waters

3. The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, or equipment or device for
electro-fishing in any fishing vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker.

4. The discovery in any fishing vessel of fish caught or killed with the use of explosive,
noxious or poisonous substances or by electricity.

Prohibitions

1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.

2. Poaching in Philippine Waters.
3. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity.
4. Use of Fine Mesh Net.
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas.
6. Ban on Coral Exploitation and Exportation.
7. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat.
8. Illegal Use of Superlights.
9. Conversion of Mangroves.
10. Fishing in Overfished Area and During Closed Season.
11. Fishing in Fishery Reserves, Refuge and Sanctuaries.
12. Fishing or Taking of Rare, Threatened or Endangered Species.
13. Capture of Sabalo and Other Breeders/Spawners.
14. Exportation of Breeders, Spawners, Eggs or Fry.
15. Importation or Exportation of Fish or Fishery Species.
16. Violation of Catch Ceilings.
17. Aquatic Pollution.
18. Other Violations:
a. Failure to Comply with Minimum Safety Standards
b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages
c. Gathering and Marketing of Shell Fishes
d. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay
e. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages
19. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew.
20. Obstruction of Defined Migration Paths.
21. Obstruction to Fishery Law Enforcement Officer.

Muro-ami – a technique which uses an encircling net together with pounding devices. These devices
usually comprise large stones fitted on ropes that are pounded into the coral reefs.
 Carnapping (RA 10883) July 17, 2016
Carnapping is: Formatted: Font: Bold

1. Taking with intent to gain of a MV

2. belonging to another
3. without the latter’s consent
4. by means of violence against, intimidation of persons or by use of force upon things

Non-bailable if: Formatted: Font: Bold

a. committed by criminal group or gang, or syndicate Formatted: Font: (Default) Arial, 12 pt
b. committed by means of violence ,or intimidation against persons or
b.c. committed by force upon things, or
c.d. if the when the owner/driver/occupant or driver is killed or raped in the commission of the
offense, or
d.e. if the evidence of guilt is strong

Remedy is petition for bail contending that the evidence of guilt is not strong.

NEW Anti-Carnapping OLD Anti-Carnapping

increased 20 to 30 years of jail sentence Jail term of 14 years and eight months to 17
years and four months
non-bailable if the evidence of guilt is strong bailable even if the evidence of guilt is strong

RA 6235 (Anti-Hijacking Act)

Four kinds of Aircraft

1. of Philippine registry – It must be in flight;

2. of foreign registry – it need not be in flight;
3. public utility passenger aircraft – carrying of prohibited substances is criminal
4. public utility cargo aircraft – non-compliance with the ATO Rules and Regulations

Acts Punished:

1. compel a change in the course or destination of an aircraft of Philippine registry, or to seize or

usurp the control thereof, while it is in flight;

2. compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control
thereof while it is within the said territory. It need not be in flight;

3. carrying/ loading onboard a passenger aircraft any substances which are corrosive, flammable,
explosive or poisonous;

4. shipping/ loading on aircraft not in accordance with ATO Rules and Regulations.

Definition and Example:

(1) "Explosive" is any substance, either solid or liquid, mixture or single compound, which by
chemical reaction liberates heat and gas at high speed and causes tremendous pressure
resulting in explosion.

Example: dynamites, firecrackers, blasting caps, black powders, bursters, percussions,

cartridges and other explosive materials, except bullets for firearm.

(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction.
 Example: acrolein, allene, aluminum dyethyl monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium mixtures and other similar substances or materials.

(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object.

Example: alkaline battery fluid packed with empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-orthocresolate and other similar materials and substances.

(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or Formatted: Font: Bold
gaseous, which through chemical reactions kills, injuries or impairs a living organism or person.

Example: allyl isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B

or poison), aniline oil, arsine, bromobenzyle cyanide, bromoacetone and other similar
substances or materials.