Title
Amendment to illegal fish dynamite law
Law
Republic Act No. 1535
Decision Date
Jun 16, 1956
Republic Act No. 1535 amends the law on the possession, sale, and distribution of stupefied, disabled, or killed fish or other aquatic animals, imposing penalties for offenders and holding individuals liable for buying or receiving such fish or animals.
A

Penalties for Violations Based on Value of Aquatic Animals

  • Violators possessing, selling, or distributing such aquatic animals face penalties depending on the total value:
    • If value does not exceed ₱100:
      • Fine between ₱100 and ₱500; or
      • Imprisonment of 1 to 6 months; or
      • Both fine and imprisonment at court's discretion.
    • If value exceeds ₱100:
      • Fine between ₱200 and ₱1,000; or
      • Imprisonment of 2 months to 1 year; or
      • Both fine and imprisonment at court's discretion.

Liability of Buyers and Duty to Denounce

  • Persons who knowingly buy or receive such stupefied, disabled, or killed aquatic animals are punished under the same penalties.
  • Buyers who denounce the vendor to authorities before apprehension are exempt from criminal liability.
  • Upon discovery, buyers must report the violation within 48 hours; failure to do so results in penalties regardless of value.

Responsibility and Penalties for Officers and Authorities

  • Police, peace officers, authorized fishery agents, health inspectors, and persons in authority with knowledge of the violation must initiate investigation and prosecution.
  • Failure without just cause to do so or interference with investigation leads to removal or suspension and liability as co-principal in the crime.

Sampling and Examination Procedure

  • Authorized officers may take samples (up to 1 kilo) of suspected aquatic animals for examination.
  • A receipt specifying kind, quality, and market value of the samples must be issued.
  • If found not to be stupefied or killed by prohibited means, the owner must be compensated by the government agency concerned.
  • Failure of officers to submit samples timely or provide examination reports within 10 days can result in fines of up to ₱500, imprisonment of up to 6 months, or both.

Effectivity

  • The Act took effect upon approval on June 16, 1956.

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