Question & AnswerQ&A (Republic Act No. 428)
Republic Act No. 428 declares illegal the possession, sale, or distribution of fish or other aquatic animals stupefied, disabled, or killed by means of dynamite or other explosive or toxic substances.
The penalty is a fine of not less than fifty pesos nor more than two hundred pesos, or imprisonment of not less than one month nor more than six months, or both such fine and imprisonment.
If the value exceeds 100 pesos, the penalty is a fine of not less than two hundred pesos nor more than five hundred pesos, or imprisonment of not less than six months nor more than five years, or both such fine and imprisonment.
The buyer is penalized under the provisions of Section 2 unless he denounces the act to competent authorities, in which case he is exempted from criminal liability.
Upon discovering the violation, the buyer must denounce the act to the proper authorities to initiate investigation and prosecution.
Such officers may be removed or suspended from office and punished under Section 2 for failing to take necessary steps or for hindering or delaying investigation and prosecution.
They include fish or aquatic animals that may have been dried, refrigerated, canned, or otherwise processed.
The president of the sanitary division of the locality, the sanitary inspector, or any representative of the Bureau of Health duly authorized is authorized to examine the fish or aquatic animals upon request.
The report is submitted to the competent court as expert opinion for legal proceedings.
The Department of Health, with the concurrence of the Department of Agriculture and Natural Resources, shall issue the necessary instructions and regulations.
This Act took effect upon its approval on June 7, 1950.