Amending P.D. No. 704
Presidential Decree No. 1819, issued on January 16, 1981, amends Presidential Decree No. 704 by removing the last paragraph of Section 38, which previously required ministerial discretion to initiate legal action against illegal fishing violations. This amendment aims to strengthen the enforcement of laws against illegal fishing, which has remained a significant issue despite existing penalties. The removal of this provision is intended to encourage fiscal officers to pursue cases more actively without hesitation. The decree took immediate effect and was published in the Official Gazette on October 4, 1982.
Law Information
- Reference Number
- Presidential Decree No. 1819
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Presidential Decrees
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 16, 1981
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 fishing 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; aisa dc
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 cases, it becomes imperative to further amend PD No. 704 by deleting the aforementioned constraint. cd i
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby amend Section 38 of PD No. 704 by deleting the last paragraph thereof.
This Decree shall take effect immediately.
DONE in the City of Manila, this 16th day of January, in the year of Our Lord, Nineteen Hundred and Eighty-One. aisa dc
Published in the Official Gazette, Vol. 78 No. 40, 5486-20 Supp., on October 4, 1982.
Cite This Law
Amending P.D. No. 704, Presidential Decree No. 1819, Jan 16, 1981 (Philippines)
Amending P.D. No. 704, Presidential Decree No. 1819 (Phil. 1981)
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