The Perilous Consequences of Illegal Fishing with Explosives

G.R. No. 110286, April 02, 1997

Imagine a once-vibrant coral reef, now reduced to rubble, the silence broken only by the echoes of underwater explosions. This is the devastating reality caused by dynamite fishing, a destructive practice that not only decimates marine life but also carries severe legal repercussions in the Philippines. This case, People vs. Vergara, serves as a stark reminder of the stringent laws against illegal fishing and the heavy penalties awaiting those who engage in it.

In this case, Renerio P. Vergara was caught in the act of using explosives to catch fish, specifically anchovies known locally as “bolinao.” The Supreme Court upheld the lower court’s decision, emphasizing the importance of protecting Philippine waters from destructive fishing methods.

The Legal Framework Against Destructive Fishing Practices

Philippine law takes a firm stance against illegal fishing, particularly the use of explosives. Presidential Decree (P.D.) No. 704, as amended by P.D. No. 1058, explicitly prohibits the catching of fish or aquatic products in Philippine waters using explosives, obnoxious or poisonous substances, or electricity.

Section 33 of P.D. No. 704 states: “It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substance, or by the use of electricity…”

The law goes beyond just the act of fishing; mere possession of explosives with the intent to use them for illegal fishing is also punishable. This demonstrates the government’s commitment to preventing destructive fishing practices before they even occur.

For example, imagine a fisherman caught with dynamite sticks on his boat in a known fishing area. Even if he hasn’t detonated any explosives, he can still be charged with illegal possession of explosives intended for illegal fishing.

The Case of People vs. Vergara: A Detailed Look

The narrative unfolds on the morning of July 4, 1992, in the municipal waters of Palo, Leyte. A team of deputized Fish Wardens and police officers were conducting a routine patrol when they spotted a fishing boat occupied by Renerio Vergara and his accomplices.

Here’s a breakdown of the events:

• The patrol team observed Vergara throwing a bottle, later identified as a “badil” (a homemade explosive containing ammonium nitrate), into the sea.
• An explosion followed shortly after, indiscriminately killing fish in the vicinity.
• Vergara and one of his companions dove into the water with nets, collecting the dead fish.
• The patrol team apprehended the fishermen, seizing their boat, equipment, and the illegally caught fish.

During the trial, Fish Warden Jesus Bindoy testified, providing a detailed account of the incident. He stated, “That was when we saw Renerio Vergara threw a bottle to the sea and after that we heard an explosion.”

Nestor Aldas, a Fish Examiner, confirmed that the fish samples taken from the accused showed signs of damage consistent with the use of explosives. This scientific evidence further solidified the prosecution’s case.

The Regional Trial Court found Vergara guilty, sentencing him to imprisonment. Vergara appealed, but the Supreme Court affirmed the lower court’s decision, emphasizing the trial court’s role in assessing the credibility of witnesses.

The Supreme Court quoted Sections 33 and 38 of P.D. No. 704, as amended by P.D. No. 1058, highlighting the penalties associated with illegal fishing using explosives. The court stated, “…imprisonment ranging from twenty (20) years to life imprisonment, if the explosive is actually used…”

Practical Implications and Lessons Learned

This case underscores the severe consequences of engaging in illegal fishing activities. The penalties are not just fines; they include lengthy prison sentences. This ruling serves as a deterrent to those who might consider using explosives or other destructive methods to catch fish.

For coastal communities, this case reinforces the importance of reporting suspicious activities to the authorities. Protecting our marine resources requires vigilance and cooperation from everyone.

Key Lessons:

• Strict Penalties: Illegal fishing with explosives carries severe penalties, including lengthy prison sentences.
• Environmental Protection: The law aims to protect marine ecosystems from destructive fishing practices.
• Community Vigilance: Reporting suspicious activities is crucial for enforcing fisheries laws.

Frequently Asked Questions (FAQs)

Q: What is considered illegal fishing in the Philippines?

A: Illegal fishing includes using explosives, obnoxious or poisonous substances, or electricity to catch fish. It also covers fishing without the necessary permits or licenses, and fishing in prohibited areas.

Q: What are the penalties for dynamite fishing?

A: The penalty for using explosives to catch fish ranges from 20 years to life imprisonment. The severity of the penalty depends on whether the use of explosives results in physical injury or loss of life.

Q: Can I be arrested for simply possessing explosives near a fishing area?

A: Yes, mere possession of explosives with the intent to use them for illegal fishing is also punishable under the law.

Q: What should I do if I witness someone using dynamite to fish?

A: Report the incident immediately to the local authorities, such as the police, coast guard, or local government unit. Provide as much detail as possible, including the location, time, and description of the individuals involved.

Q: Are there any exceptions to the law against using explosives for fishing?

A: The law allows the use of explosives for research, educational, or scientific purposes, subject to the approval of the Secretary of Agriculture and under strict safeguards. Mechanical bombs may also be used for killing large, dangerous marine animals, subject to approval.

Q: How does dynamite fishing affect the environment?

A: Dynamite fishing destroys coral reefs, kills marine life indiscriminately, and disrupts the marine ecosystem. The explosions can also damage fishing boats and pose a danger to fishermen.

ASG Law specializes in environmental law and fisheries regulations. Contact us or email hello@asglawpartners.com to schedule a consultation.