Anda di halaman 1dari 6

Republic of the Philippines

DEPARTMENT OF AGRICULTURE
Bureau of Fisheries and Aquatic Resources
XXX
XXX

PCI XXX XXXX XXXX XXXX XXX XX FOR: BFAR ______________________


Complainant, Violation of R.A. 8550 as amended by
Section 86, Section 89, Section 93,
Section 95, Section 97, Section 113,
-versus and Section 121 of R.A. 10654; and
Fisheries Administrative Order No. 246-1
Series of 2018

XXX XXXX
XXX XXXX
Respondents,
x-----------------------------------------------x

COMPLAINT-AFFIDAVIT

I, SSS SSSS SSSS SSS, of legal age, married, SSS SSS SSS, after having been
sworn to in accordance with law, hereby depose and state – THAT

1. I am instituting and filing a complaint against SSS SSS SSSfor: Violation of


Section 86, Section 89, Section 93, Section 95, Section 97, Section 113 and
Section 121 of R.A. 10654; and Fisheries Administrative Order No. 246-1;

2. Respondents are all of legal age, and residents of SSS SSS SSS;

3. The instant case arose from an incident that happened on the following:

4. On January 30, 2019, at around 3:00 o’clock in the morning, I called for a
briefing at SSS to conduct seaborne patrol in response to numerous complain
about illegal commercial fishing otherwise known locally as HULBOT-HULBOT
and unsustainable fishing activities within the municipal waters of SSS SSS;

5. On said briefing, I designated SSS SSS SS as arresting officers of the operating


team. After the briefing, I, SSS , coordinated with members of SSS Bantay
Dagat for the conduct of seaborne patrol;

6. At about 4:00 o’clock in the morning, I and the rest of the team including
members of SSS Bantay Dagat proceeded on board a motorized boat to
conduct seaborne patrol;

7. At about 5:00 o’clock in the morning, on even date, I and the rest of the team
noticed a fishing boat with two (2) persons on board pulling a long fishing nets
submerged off the seawaters of SSSS . We approach the said motorized boat
and upon getting near, we introduced ourselves as police officers;

8. After introducing ourselves as police officers, SSS Campomanes boarded said


fishing boat. After failure to present permit and license to gather fish and for
possessing fine mesh nets, SSS arrested the two (2) persons on board said
fishing boat for unauthorized fishing and for possessing fishing nets with mesh
smaller than that allowed by law. Afterwards, I and other remaining members
of the team continued conducting seaborne patrol;

9. Not long after, we saw another fishing boat with five (5) persons on board off
the seawaters in SSS. We approached in fast speed said fishing boat to avoid
being detected as police officers. Upon nearing them, some of the persons on
board were pulling fishing nets from seawaters. Then, we introduced ourselves
as police officers;

10. After introducing ourselves as police officers, SSS SSS boarded said fishing
boat. After failure to present permit and license to gather fish and for
possessing fine mesh nets, SSSS SSS arrested the five (5) persons on board
said fishing boat for unauthorized fishing and for possessing fishing nets with
mesh smaller than that allowed by law. Afterwards, I and other remaining
members of the team continued conducting seaborne patrol;

11. I and other members of the team proceeded to continue conducting seaborne
patrol. Not long after, we saw another fishing boat with three (3) persons on
board. We approached said fishing boat. Then, we boarded said fishing boat
and asked them if they have the necessary license or permit from the
Department of Agriculture or Local Government Unit to gather or capture fish
off the seawaters of SSSS SSS. However, said three (3) persons failed to
present the necessary license or permit from the Department of Agriculture or
LGU;

12. We examine further said fishing boat’s fishing mesh nets. We) noticed said
fishing mesh nets were smaller than that which are authorized by the law.
Then, we (ordered said three (3) persons to pull the fishing nets from
seawaters into the fishing boat. Afterwards, SSS informed said three (3)
persons that they were being arrested for gathering fish without authority from
the appropriate government agency and for possessing fishing nets with mesh
smaller than that authorized by law. After the arrest, SSS likewise informed
them their constitutional rights and all their other rights in a language known
to them;

13. Then, we (took custody of the three (3) arrested persons and brought them
together with the fishing boat and the fishing mesh nets and other evidence to
SSSS SSS, for filing of appropriate criminal case, inventory, and booking
procedures;

14. Upon arrival at SSSS SSS, we turned over to PO2 David SSSS SS (Investigator-
On-Case) the three (3) arrested persons, seized fishing boat and its fishing nets
with mesh, and other evidence for inventory. Copy of the Chain of Custody
Form is attached and made an integral part hereof;

15. At SSSS SSSS, an inventory of the seized pieces of evidence was conducted in
the presence of SSSS SSSS and all the arrested persons. Copy of the Certificate
of Inventory is attached and made an integral part hereof;

16. The three (3) arrested persons, namely, SSSS SSSS SSS informed us that the
owner of the fishing boat they were using is SSSS SSSS SSS. They also
informed us that SSSS SSS is the current Head of the SSSSS SSS;

17. The apprehended fishing boats and its respective information are as follows:

I.

a) Place of arrest – Off the seawaters of SSSS SSS Eastern Samar


b) Date/Time of arrest – SSSS SSS

c) Suspects –

i. SSSS , 60 years old, single, fisherman, resident of SSSS SSS


(BOAT CAPTAIN);
ii. SSSSS SSSS, 22 years old, single, fisherman, resident of Brgy.
SSSSS SSS;
iii. SSSS SSSS, 55 years old, single, fisherman, resident of Brgy.
SSSS SSSS;

d) Fishing Boat Markings – no markings


e) Color – Yellow
f) Owner of the fishing boat – SSSS SSSS, Punong Barangay of Brgy.
SSSS SSS SSSS

II.

a) Place of arrest – Off the seawaters of SSS SSS SS


b) Date/Time of arrest – SSSS SS
c) Suspects – SSS SSSS, 30 years old, married, fisherman, resident of
SSSS SSS SSSS (BOAT CAPTAIN); and SSSS SSSS, 40 years old,
married, fisherman, resident of SSSS SSSS
d) Fishing Boat Markings – no markings
e) Color – Orange and green
f) Owner of the fishing boat – SSSSS

III.

g) Place of arrest – Off the seawaters of SSSS SSSS


h) Date/Time of arrest – SSSSS
i) Suspects –

iv. SSS alias SSS, 49 years old, married, fisherman, SSSS


SSS(OWNER AND BOAT CAPTAIN);
v. SSSSS SSS, 18 years old, single, fisherman, resident SSSS
SSSS;
vi. SSSS SSS, 34 years old, single, fisherman, resident ofSSSS
SSS;
vii. SSSS SSSS, 34 years old, single, fisherman, resident of Brgy.
SSSS SSS SSS; and
viii. SSS SSSS, 39 years old, married, fisherman, resident SSS
SSSS

j) Fishing Boat Markings – no markings


k) Color – Yellow
l) Owner of the fishing boat – SSS SSS SS

18. According to Republic Act No. 8550 as amended by Section 86 of Republic


Act No. 10654, it defined and penalized Unauthorized Fishing which provides
that it shall be unlawful for any person to capture or gather or to cause the
capture or gathering of fish, fry or fingerlings of any fishery species or fishery
products without license or permit from the Department or LGU;

19. Likewise, Section 89 of Republic Act No. 10654, it defined and penalized
Unreported Fishing which provides that it shall be unlawful for any person
to engage in unreported fishing or to fail to comply with the reportorial
requirements in Section 38 of R.A. 8550 as amended;
20. Likewise, Section 93 of Republic Act No. 10654, it defined and penalized Use
of Fine Mesh Net which provides that it shall be unlawful to engage in fishing
using nets with mesh smaller than that which may be determined by the
Department;

21. Moreover, Section 95 of Republic Act No. 10654, it defined and penalized Use
of Active Gear in Municipal Waters, Bays and Other Fishery
Management Areas which provides that it shall be unlawful to engage in
fishing in municipal waters and in all bays as well as other fishery management
areas using active fishing gears as defined in this Code;

22. Further, Section 97 of Republic Act No. 10654, it defined and penalized Ban
on Muro-ami, Other Methods and Gear Destructive to Coral Reefs and
Other Marine Habitat. – (a) It shall be unlawful for any person, natural or
juridical, to fish with gear or method that destroys coral reefs, seagrass beds,
and other fishery marine life habitat as may be determined by the Department;

23. Further, Section 113 of Republic Act No. 10654, it defined and penalized
Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk,
Fishworker or Crew which provides that the owner or operator of a
commercial fishing vessel employing unlicensed fisherfolk or fishworker or crew
shall, upon a summary finding of administrative liability, be fined Four thousand
pesos (P4,000.00) for each unlicensed fisherfolk or fishworker or crew and
suspension or revocation of license for commercial fishing;

24. Furthermore, Section 121 of Republic Act No. 10654, it defined and penalized
Use of Unlicensed Gear which provides that any person who uses a fishing
gear or method for commercial fishing without license from the Department
shall, upon a summary finding of administrative liability, be fined from Two
hundred thousand pesos (P200,000.00) to Five hundred thousand pesos
(P500,000.00) per gear depending on the seriousness of the violation;

25. Finallly, Fisheries Administrative Order No. 246-1, Series of 2018, which
provides the amendment of Fisheries Administrative Order No. 246 on the
banning of the operation of Danish Seine and Modified Danish Seine in
Philippine Waters;

26. It is respectfully submitted that the above-enumerated violations are present


in the instant case. Respondents have engaged in unauthorized fishing,
unreported fishing, used fine mesh nets and active gear in municipal waters
and other methods and gears destructive to coral reefs, employed unlicensed
fishworker or crew, and violated FAO No. 246-1;

27. I am executing this Complaint-Affidavit against SSSS SSSS SSS for having
committed: Violation of Section 86, Section 89, Section 93, Section 95, Section
97, Section 113 and Section 121 of R.A. 10654; and Fisheries Administrative
Order No. 246-1;

IN TRUTH WHEREOF, I affix my signature below this __ day of SSS SSSS at


SSSS SSSS, Philippines.

SSS SSS SSS SSS SSS SS


Affiant
PNP ID No. _____________
Issued on ______________
SUBSCRIBED AND SWORN to before me this ___ day of SSSS SSS in SSS SSS
SS. I also certify that I have personally examined the affiant and I am satisfied that he
voluntarily executed and understood his Complaint-Affidavit.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2019

VERIFICATION AND AFFIDAVIT


OF NON-FORUM SHOPPING

I, XXX XXXX, of legal age, married, XXXXX XXXXX after having been sworn to in
accordance with law, hereby depose and state – THAT

1. I am the COMPLAINANT in the above-captioned case;

2. I have caused the preparation of the foregoing COMPLAINT-AFFIDAVIT;

3. I have read and understood the averments therein and that they are true and
correct based on my personal knowledge and authentic records and verified or
sworn statements;

4. That on XXXX XX, I filed criminal cases against respondents for violation of R.A.
8550 as amended by Section 86 and Section 93 of R.A. 10654 before the Office
of the Provincial Prosecutor (Sub-Office), XXXX XXX, which is still under
preliminary investigation. That aside from that case, I have not commenced
any similar action or proceeding involving the same issues in the Supreme
Court, Court of Appeals, or any other tribunal or agency and no such action or
proceeding is pending before the said judicial and/or administrative fora;

5. In the event such other action or proceeding is pending or terminated, I shall


state and report the status of the same, and upon learning of the pendency of
any similar action or proceeding, I shall report within five (5) days to the proper
and appropriate forum.

IN TRUTH WHEREOF, I affix my signature below this __ day of XXXX XXX at


XXXX XXX XX, Philippines.

XXXX XXX XX
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of XXX XXX XX in XXXX
XXX XX Affiant exhibited to me his ______________________________, he being the
same person who executed the foregoing document.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2019