Administrative adjudication

Bureau of Fisheries and Aquatic Resources

Regional Office No. 5
Definition of terms
Adjudication Committee

- shall refer to the committee that

conducts administrative adjudication and the
disposition of confiscated catch, gears,
equipment and other paraphernalia
composition
It is composed of:

1. the Director of DA-BFAR as Chairperson, and the

members are
2. DA-BFAR Assistant Director for Technical Services;
3. DA-BFAR Assistant Director for Administrative
Services;
4. Representative of the Municipal Fisherfolk sector in
the NFARMC; and
5. Representative of the commercial fishing sector in
the NFARMC, who are all appointed by the Secretary
of the Department.
COMMENCEMENT OF Administrative
action
 Administrative action is commenced upon filing of
a verified complaint before the Adjudication
committee, through the Secretariat, provided,
that in cases initiated by the Bureau, the law
enforcement officer shall file the complaint
before the Adjudication Committee immediately
after completion of the investigation of the
violation.
- The verified complaint must be supported by
affidavits of witnesses and documentary
evidence.
Venue
- All actions brought under these Rules shall be
commenced and heard at the principal office
of the DA-BFAR adjudication committee in
Quezon City. Whenever practicable or when it
serves public interest, a complaint or petition
may be filed in the extension office which
shall conduct the proceedings of the action,
unless the DA- BFAR Adjudication committee
orders the transfer of the proceedings to
Metro Manila or another extension office.
pleading
- All pleadings filed shall be written, printed
or typed on bond paper in English or Filipino
or in the local dialect. Each pleading shall
contain a caption, the title of the case, the
case number, and the violation or offense
involved, if any. No pleading shall be
accepted by the committee unless it
conforms to the formal requirements
provided for in these Rules.
Prohibited pleadings
 The following pleadings or any submission filed or made under
a similar guise or title shall not be allowed:

a) Motion to Dismiss;
b) Motion for a Bill of Particulars;
c) Motion for New Trial, or Reopening of Trial;
d) Petition for relief from judgment;
e) Motion for extension of time to file pleadings, affidavits, or
any other submission of similar intent;
f) Motion to declare a party in default;
g) Motion for postponement and any other motions of similar
intent; and
h) Motion for leave to amend pleadings. 
Offer to settle
- Prior to the commencement of any criminal action in
court, the violation may be subject to an settlement
based on a schedule to be promulgated by the
Adjudication Committee; provided, however, that the
settlement penalty
shall not be lower than thirty percent (30%) of the
minimum of the imposable penalty prescribed under the
law; Provided, further, that the settlement penalty
imposed after the filing of an Answer or responsive
pleading but before a decision is rendered, shall not be
lower than 50% of the imposable penalty under the law.
SETTLEMENT AS A MATTER OF
RIGHT

- An offender may avail of an administrative

settlement, as a matter of right, twice
within the three- year period of their
license. Thereafter, the acceptance of an
offer to settle shall be decided upon by the
Adjudication Committee.
FORM AND CONTENT OF
SETTLEMENT OFFER
- An offer of settlement shall be in writing and signed by
the person making the offer. If the proposer is a
juridical person, the proper board resolution certified
by the corporate secretary shall be attached to the
offer.

In those cases which have been appealed to the

Secretary, the proposer shall also file the necessary
manifestation with the Committee informing the latter
that it has filed an offer of settlement. Upon
submission of an offer of settlement, the proposer shall
simultaneously tender the amount offered either in
cash, manager's check or cashier's check.
Criteria of settlement offer

- ln the evaluation of an offer of settlement, the

Adjudication Committee, upon consultation with the
handling staff/team, shall take into consideration the
following:

a) The act or omission;

b) The gravity of the offense;
c) The damage caused, actual or estimated, if any;
d) The time and other resources spent by or
required of the Commission on the case;
Cont. of criteria
e) The amount of the imposable administrative
penalty and the financial capacity of the proposer
to pay the same;
f) The level of cooperation of the proposer in the
investigation or proceedings;
g) The proposer has been found to have previously
violated any laws or rules enforced by the
Department;
h) The evidence of guilt or wrongdoing is strong;
i) Public interest; and
j) Other meritorious considerations.
habituality
For purposes of determining habituality in
the imposition of additional sanctions for
serious violations, a habitual offender is a
person who had previously been convicted or
found administratively liable, of the same
offense or of three (3) serious violations within
a period of three (3) years.
Power to issue cdo
The Department shall, subject to the
requirements of administrative due process,
issue cease and desist order/s upon violator/s
and to summarily eject, without the necessity
of judicial order, the holder of FLA, other
tenurial instrument, permit or license from
areas of the public domain covered by such
FLA, tenurial instrument, permit or license
Notice of violation (NOV)
A Notice of Violation shall inform the
apprehended party of the offense committed,
the imposable penalties for the violation, the
fact that he will be charged administratively
before the Adjudication Committee, and that he
may offer a settlement in accordance with these
rules. Provided, that upon offer and acceptance
of an offer to settle, the offender will not be
administratively charged before the
Adjudication Committee.
Who will issue nov
The authorized representatives of the
Bureau shall issue Notices of Violation (NOV)
of this Code or other fishery laws, rules and
regulations immediately upon apprehension or
arrest of the offender. The NOV shall be
issued to the offender, owner on record of the
vessel or gear. The arresting officer shall
ensure receipt of the NOV.
Seizure receipt
A Seizure Receipt shall be issued to the
offender together with the NOV containing an
inventory of fish, fishery species or aquatic
resources that are subjects or proceeds of the
offense committed and all fishing equipment,
paraphernalia and gears that may be
confiscated as provided for by law. Such
receipt shall be signed by the a authorized
representative of the Bureau and a witness.
note
A Proof of Receipt, attesting to the fact
that the offender was issued an NOV, and a
Seizure Receipt, shall likewise be prepared by
the authorized representative of the DA-
BFAR, for the signature of the offender;
Provided that, if the offender refuses to sign
the receipt, such fact shall be indicated in the
document and attested to by the authorized
representative of the Bureau and a witness
Effect of the issuance of a seizure receipt

1. Allows the authorized representatives to

seize any fish, fishery species or aquatic
resources illegally caught, taken or gathered
on behalf of the government, for distribution
to LGUs, orphanages, homes for the aged,
and similar charitable institutions, as they
may deem appropriate, after the proper
documentation necessary for adjudication
and/or litigation purposes have been taken.
Cont…..
2. Allows the authorized representatives to seize on behalf of the
government, regardless of a settlement, the following:

a) fish, fishery species or its products or by-products prohibited by

law to be possessed, transported or traded;
b) fishing equipment, paraphernalia or gears prohibited by law to be
used in fishing;
c) fishing equipment, paraphernalia or gears prohibited by law to be
possessed,
transported or traded without the necessary permit;
d) fish, fishery species, aquatic resources, its products or by-
products, fishing gear, equipment or paraphernalia abandoned by the
offender during the conduct of law enforcement operations; and
e) other items prohibited by law.
Accompanying administrative action for
serious violation
The Adjudication Committee may impose the following additional
sanctions to the administrative penalties imposed for serious
violations:
a) confiscation of fishing gear;

b) impoundment of fishing vessel;

c) temporary suspension or permanent revocation of license or permit;

d) temporary or permanent ban from the availment of applicable duty

and tax rebates;
e) inclusion in the IUU fishing vessel list;

f) denial of entry and other port services;

g) blacklisting; and,

h) increase in the amount of fines but not to exceed five (5) times the
value of the catch. In case of repeated violations within a five-year
period, the amount of fine may be increased up to eight (8) times the
value of the catch.
Note……
During the pendency of the administrative or the criminal case, the
Department may impound the vessel/conveyance, gear and other
paraphernalia used in the commission of the offense.

In applying these accompanying sanctions, the Department shall take

into account the seriousness of the violation as defined in Paragraph
82 of Section 4 of this Code, the habituality or repetition of violation,
manner of commission of the offense, severity of the impact on the
fishery resources and habitat, socioeconomic impact, cases of
concealment or destruction of evidence, eluding arrest, resisting
lawful orders, and other analogous circumstances.

The overall level of sanctions and accompanying sanctions shall be

calculated in a manner that is proportionate, effective and dissuasive
to deprive the offender of the economic benefits
derived from the serious violation.
Lien Upon Personal and Immovable
Properties of Violators
Fines and penalties imposed pursuant to this
Code shall constitute a lien upon the personal
and immovable properties of the violator.
Community Service
In case the offender is a municipal fisherfolk or
has no property over which the Department may
impose the fines and penalties prescribed for the
offense, community service may be rendered in
lieu of the fine. The Department shall promulgate
the rules and regulations for this purpose, taking
into account that the service should be rendered
in accordance with needs of the community where
the offense is committed and computed based on
the fine and the prevailing minimum wage in the
community, among others.
Examples of Community Services
Community services may include:

a) planting of mangroves in mangrove areas or river embankments;

b) rendering services for a certain period to a community-managed mangrove
nursery, marine finfish hatchery or community fish landing center;
c) capacitating the fisherfolks and their families, in the community where
the offense was committed, through the conduct of alternative livelihood
seminars, free health programs/ medical missions, or provision of
educational materials/supplies;
d) developing an information, education campaign material on fishery and
fishery resource management and conservation and disseminating the
same;
e) participating in or undertaking a coastal clean-up operation; or

f) organizing other activities that will redound to the benefit of the

community where the violation was committed.
Disposition of confiscated items
The confiscated items shall be disposed as
follows:
a) Turn-over living aquatic wildlife to the aquatic
wildlife rescue centers recognized by
the DA-BFAR for rehabilitation before release to
the wild;
b) Turn-over dead aquatic wildlife to the nearest DA-
BFAR Regional or Provincial Fisheries Office; and
c) Dispose confiscated gears, paraphernalia and
equipment, in accordance with the guidelines to be
promulgated by the Adjudication Committee
Fisheries management fund
A Fisheries Management Fund is hereby established to enhance the
budget for: the conservation, preservation, protection, management,
development and regulation of the fishery and aquatic resources;
research and development and capability building of the various
stakeholders including provision for scholarships; supplementary livelihood
for poverty alleviation; and improvement of productivity and processes of
the various stakeholders. It shall be administered by the Bureau of
Fisheries and Aquatic Resources as a special account in any government
financial institution.

It shall be funded from administrative fines and penalties imposed

under this Code, from the proceeds of the sale of forfeited fish, fishing
gears, paraphernalia and fishing vessels, and contributions in the form of
endowments, grants and donations to the fund, which shall be exempted
from donor and other taxes, charges or fees imposed by the government.
Utilization of fund
The Fund shall be exclusively utilized as follows:

a) fifteen percent (15%) for the purchase, upgrade and maintenance of

vessels,
communication and other equipment used for the monitoring, control
and surveillance of Philippine waters and distant water fishing;
b) five percent (5%) for the payment of litigation expenses, cost of
conveyance of witnesses and other costs due to cases filed by or
against the Republic of the Philippines in international courts arising
from the implementation of this Code or where apprehending party or
parties become respondents or defendants in any tribunal or court of
law;
c) twenty-five percent (25%) for the operating costs and capacity
building of the NFARMC, IFARMCs and C/MFARMCs and payment for
the cost of rehabilitation, medical expenses for injury, or indemnity
for death of law enforcement officers, including deputized volunteers,
distributed as follows: five percent (5%) to the NFARMC, five percent
(5%) to all IFARMCs, five percent (5%) to all C/MFARMCs, and ten
percent (10%) to C/MFARMCs for the apprehension and successful
prosecution of a fisheries offense;
Cont……..
d) five percent (5%) for the continued upgrading of laboratory
facilities and equipment
e) five percent (5%) for the research and development activities of
the NFRDI;
f) five percent (5%) for the capability development of BFAR
personnel, deputized law
enforcement agencies and volunteers, and stakeholders;
g) ten percent (10%) for scholarship grants for children of
fisherfolks and fishworkers in fish
catch, aquaculture, fishing and fish processing;
h) fifteen percent (15%) for livelihood programs for production
enhancement and poverty alleviation; and
i) fifteen percent (15%) for assistance to fishermen in the form of
shared facilities.
EXAMPLE OF ADMINISTRATIVE
COMPLAINT
Republic of the Philippines
Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
ADMINISTRATIVE ADJUDICATION
PCA Building, Elliptical Road, Diliman, Quezon City, Philippines

 
 DIOMEDES P. BALLEBAR in his capacity Admin. Case No.___________ 
as OIC, Enforcement and Regional MCS For: VIOLATION OF SECTION
Operation Center, BFAR Regional Office No. 5, 95 OF RA 8550 AS AMENDED
Complainant, BY RA 10654
Use of Active Gear in Municipal
- versus - Waters
 

 
MARLON SIBULO y YANG,
Respondent.
x--------------------------------------------------x
 
 ADMINISTRATIVE COMPLAINT
 
COMES NOW, the undersigned complainant and unto this Honorable office, most respectfully alleges:

1. That the undersigned Complainant in his capacity as Officer-in-Charge of the Enforcement and Regional
Monitoring Control and Surveillance Operation Center (ERMCSOC) for brevity, Bureau of Fisheries and
Aquatic Resources, Regional Office No. 5 , with Office address at RFFC Compound, Fabrica, Bula,
Camarines Sur, where he may be serve with summons and other administrative processes;

2. That the Respondent MARLON SIBULO y YANG,24 years old, Filipino, boat Captain/owner of FBca
JOY2 and a resident of Lower Omon, Ragay, Camarines Sur, where he may be serve with summons and
other administrative process;

3. That sometimes on May 6, 2017 at around 8:00 o’clock in the morning in the vicinity of Ragay Gulf with
GPS Coordinates of N13049.213' Latitude, E122038.499' Longitude or 1.24 kilometers from the nearest
shoreline in between Barangay Bagotayo and Tatlong Parang, Ragay, Camarines Sur, the Composite Team
of BFAR RO5 ERMCSOC and Philippine Navy Apprehended Fbca JOY2, a Commercial Fishing Banca (9.8
GT) with CFV/GL No. V-17-002365 utilizing Ring Net an Active Gear (Copies of the Apprehension Report,
Plotted Map, CFV/GL and Certification from BFAR are hereto attached as Annex “A”,”B”, “C” & “D”,
respectively).

4. That an inventory was conducted, to wit:

a)1 pc. Engine 6BB1, Old;

b)1 set Ring Net; and

c)20 tubs of Freshly catch assorted fish.

A copy of the Inventory of Item(s) on Board the Apprehended Fishing Vessel and Receipt of Confiscated
Fish is hereto attached as Annex “E” & “F”;
5. That the fishing boat was Impounded and placed into safekeeping at Balogo River,
Barangay Balogo, Pasacao, Camarines Sur (A copy of the Receipt for Impounded Fishing
Boat is hereto attached as Annex “G”;

6. That the fish catch consist of 20 tubs was turn-over to PCInsp. Rodel M. Magaling for
distribution in accordance with law (A copy of the Turn-over Receipt is hereto attached as
Annex “H”;

7. That the Respondent Offers for Settlement as a matter of right in the amount of Php.
15,000.00 as Administrative Penalty for his violation (A copy of the Offer for Compromise
is hereto attached as Annex “I”;

WHEREFORE premises consider, it is most respectfully prayed that the aforementioned

Respondents be fined in connection with their Violations. Other relief just and equitable
under the foregoing are likewise prayed for.

Pili, Camarines Sur, Philippines. 10 May 2017

SGD. DIOMEDES P. BALLEBAR

Complainant
 VERIFICATION  
  
I, DIOMEDES P. BALLEBAR, Fishing Regulation Officer II, of Bureau of Fisheries and Aquatic
Resources, Regional Office No. 5 with office address at RFFC Compound, Fabrica, Bula, Camarines
Sur after having been duly sworn to on oath in accordance with law hereby depose and state:
 
1. That I am the Complainant in the aforementioned Administrative Complaint, that I caused the
preparation thereof and I have read and understood the contents thereof based on my personal
knowledge and belief;

IN WITNESS Whereof, I have hereunto affix my signature this 10th day of May 2017 at
Provincial Prosecutors Office, City Hall Compound, Naga City, Philippines.
 
 
DIOMEDES P. BALLEBAR
Affiant
 
SUBSCRIBED AND SWORN to before me this 10th day of May 2017 at Provincial Prosecutors
Office, Hall of Justice, City Hall Compound, Naga , City Philippines. This further certifies that I
personally examined the affiants and I am personally satisfied that he fully read and understood its
contents and that he freely and voluntarily executed the same.
 

SGD. PROSECUTOR JOSE L. MATINO

Prosecutor II
Thank you