[ Memorandum Circular No. 130, September 26, 1967 ]
To the Commissioner of Fisheries, All Provincial and City Fiscals and their Assistants or other Prosecuting Officers, Law En- forcement Agents, and Heads of Chiefs of Government Charitable or Penal Institutions
In line with the current drive of the Administration against blast fishing, it is hereby directed that the following procedure be observed in the seizure and confiscation of fish caught through the use of dynamite or other explosives and the impounding of the fishing vessel.
1. When the Commissioner of Fisheries or his representative seizes without warrant fish suspected of having been caught thru the use of dynamite or other explosives in a fishing vessel or boat, or any other place, he must take samples of the fish not to exceed one kilo. The fish samples taken must immediately be scientifically tested and examined carefully for determination of whether or not they have been caught through the use of explosives.
2. Pending the result of the scientific examination, all the fish in the vessel or boat must not be unloaded. If the fish samples were taken from any other place such as a market place, then all the fish in the possession of the vendor or any other possessor must not be disposed of.
3. If after scientific examination the samples are found to have been caught through the use of explosives, the owner, operator, lessees, or person in charge of the vessel or beat or any member f the crew, fish vendor or any other possessor, shall be informed of such finding and the Commissioner of Fisheries or his representative shall immediately seizes, impound, and take possession of the fishing vessel and all the fish found therein, and in other instances, all the fish found in the possession of the vendor or any other possessor.
4. Immediately upon taking custody of the fish, if found caught through the use of explosives, the Commissioner of Fisheries or his representative shall notify the Director of Prisons and other government charitable institutions like hospitals, orphanages, home of indigent, etc., if the apprehension is made in Manila or its suburbs of the seizure of the dynamited fish and fit for human consumption. If the apprehension is in far provinces and cities, he shall notify immediately, penal institutions, including provincial and municipal or city jails, hospitals and other government charitable institutions located within reasonably accessible vicinity of the apprehension.
5. The Head or Chief or in charge of the institutions of notified must immediately inform the Commissioner of Fisheries his representative whether or not his institutions would accept the confiscated fish or part thereof for the consumption of the inmates thereof, and in the affirmative case, the quantity desired, he or his representative shall then proceed to the place where the fish was hold.
6. The Commissioner of Fisheries or his representative with the conformity of the head or representative of the institution shall appraise the value of the fish desired to be secured for the institution. The Head or representative of the institution upon accepting the fish shall agree that in the event the competent court before whom the criminal case is filed shall subsequently render a decision of acquittal of the accused and orders the return of the value of the fish taker, the appraised value thereof shall be paid by it.
7. With regard to the fishing vessel, the law enforcement agents are directed to impound the fishing boat used, including the dynamite, blasting caps, and other explosives, tackle, apparel, furniture, and other apparatus used in illegal fishing pending final determination of the criminal case by the competent court. Provided, however, that leave of court shall be obtained thereof in any case where a court has already assumed jurisdiction over said explosives, boats, etc. Said explosives, boats, tackles, apparel, etc., shall be held subject to confiscation and forfeiture as instrument or tools used in the commission of the crime under Article 45 of the Revised Penal Code in relation to Section 3, Rule 126 of the Rules of Court. Release of the Boat or other apparatus even under bond should be opposed. Should a case of replavin be filed in accordance with Rule 60 of the Rules of Court, release of the above-mentioned boat or apparatus should also be opposed on the ground that it is in custodia legis of the court before which the criminal case is pending and that such court has exclusive jurisdiction over the question of confiscation and forfeiture. In instances where the owners of boats claim ownership and possession of the boat on the ground that they were not present and that they had no knowledge of the acts of the crew members, the Prosecuting Officers are instructed to similarly oppose such claim on the ground that the question of whether the boat or article is the “property” of third person not liable for the offense should be litigated in the criminal ease and await final outcome thereof.
8. When the apprehension or seizure was made by virtue of a search warrant, immediately upon seizure, appropriate applications shall be filed with the appropriate court for an order allowing disposition of seized fish in accordance with the procedure ordained in the preceding paragraph.
This supersedes Circular No. 78 dated October 2, 1966, of this Office and shall take effect immediately.1âшphi1
